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Harnett County

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									                 HARNETT COUNTY BOARD OF COMMISSIONERS
                                  Minutes of Regular Meeting
                                        July 16, 2012

The Harnett County Board of Commissioners met in regular session on Monday, July 16, 2012,
in the Commissioners Meeting Room, County Administration Building, 102 East Front Street,
Lillington, North Carolina.

Members present:      Timothy B. McNeill, Chairman
                      Beatrice B. Hill, Vice-Chairman
                      Dan B. Andrews, Commissioner
                      Jim Burgin, Commissioner

Member absent:        Gary House, Commissioner

Staff present:        Scott Sauer, County Manager
                      Tony Wilder, Deputy County Manager
                      Dwight Snow, County Attorney
                      Gina Wheeler, Clerk

Chairman McNeill called the meeting to order at 7:00 p.m. Commissioner Andrews led the
pledge and invocation.

Past Post Commander Joe Byrd, Post Commander Kenneth Jackson and Quartermaster Ray
Stone, representatives of VFW Post 6767, retired the Army Reserve flag that had been displayed
in the commissioner’s chambers since July 2011 when Colonel Teddy Byrd and the 207th Army
Liaison Team were deployed to the Kandahar region of Afghanistan. VFW Post 6767
representatives then presented the flag to Colonel Byrd.

Colonel Teddy Byrd expressed his gratitude to members of the VFW Post 6767, which he is also
a member, for everything they do for veterans and our community. Colonel Byrd recognized his
wife Sheila; mother Faye, and his business partner Patsy Carson; who were present and thanked
them for their support during his service. Colonel Byrd reported that his 12 member team was
assembled and deployed to coordinate activities and assure no mistaken conflict along 600 miles
of border between Afghanistan and Pakistan. Colonel Byrd thanked commissioners and the
citizens of Harnett County for displaying their flag and supporting their team while deployed.

Chairman McNeill called for additions and deletions to the published agenda. Chairman
McNeill announced removal from the agenda both the public hearing for the Rural Operating
Assistance Program and the public hearing regarding the proposed zoning request for Bradley
Allen Lee from RA-30 to RA-20M zoning at 309 Kivett Road in Neill’s Creek Township.
Chairman McNeill also clarified the Airport Administrator’s request seeking approval of a grant
agreement between NC Department of Transporation/Division of Aviation and the County of

                                                         July 16, 2012 Regular Meeting Minutes
                                                        Harnett County Board of Commissioners
                                                                                    Page 1 of 7
Harnett for the 12.2 Runway, Taxiway & Apron Rehabilitation & Strengthening project for
$235,914 as the project ordinance was approved by the Board of Commissioners on May 21,
2012.

Commissioner Andrews moved to approve the agenda as amended. Vice Chairman Hill
seconded the motion which passed unanimously.

Commissioner Burgin noted he thought they would have another opportunity to discuss the First
Choice agreement for the employee health clinic and asked if all of the changes that were
discussed had been incorporated into the new agreement and if staff is comfortable with it. Mr.
Sauer responded that Ms. Janet Smith, staff attorney, had made the requested changed and
finalized the agreement with First Choice and assured him staff is comfortable with the
agreement.

Commissioner Andrews moved to approve the following items on the consent agenda. Vice
Chairman Hill seconded the motion which passed unanimously.

   1. Minutes:        June 18, 2012 Regular Meeting
                      June 26, 2012 Special Session

   2. Budget Amendments

       3 Public Utilities Department
       Code 531-9030-431.41-10 Utilities                                     $150,000 increase
              531-9030-431.34-02 Chemicals                                   $100,000 increase
              531-9030-431.30-22 Reimbursements (Indirect Cost)              $130,000 increase
              531-0000-399.00-00 Fund Balance Appropriated                   $380,000 increase

       4 Public Buildings Department
       Code 110-4700-410.35-64 Health 4/30 Waterline Break             $850,000 increase
              110-0000-356.47-03 Insurance Reimbursement – Health 4/30
                                   Waterline Break                     $850,000 increase

       5 WIA Youth Program
       Code 234-7406-465.12-02      Salaries & Wages Participants             $10,000 increase
             234-7406-465.22-01     FICA                                           755 increase
             234-7406-465.26-08     Worker’s Compensation                          300 increase
             234-7406-465.33-45     Contracted Services                         31,219 increase
             234-7406-465.35-26     Participants Cost                            6,252 increase
             234-7406-465.35-63     Youth Program                              66,065 decrease
             234-7406-465.41-11     Telecommunication & Postage                    390 increase
             234-7406-465.44-21     Building & Equipment                           500 increase
             234-7406-465.58-01     Training & Meeting                             300 increase


                                                        July 16, 2012 Regular Meeting Minutes
                                                       Harnett County Board of Commissioners
                                                                                   Page 2 of 7
   5 WIA Youth Program continued
   Code 234-7406-465.58-14 Travel                                            1,658 increase
         234-7406-465.60-31 Gas, Oil & Auto Supplies                           300 increase
         234-7406-465.60-33 Materials & Supplies                               250 increase
         234-0000-331.74-06 Sampson Youth In-school                       $14,141 decrease

   6 WIA Youth Program
   Code 234-7408-465.12-02       Salaries & Wages Participants               8,963 increase
         234-7408-465.22-01      FICA                                          400 increase
         234-7408-465.26-08      Worker’s Compensation                         200 increase
         234-7408-465.33-45      Contracted Services                        20,813 increase
         234-7408-465.35-26      Participants Cost                          10,348 increase
         234-7408-465.35-63      Youth Program                             28,313 decrease
         234-7408-465.41-11      Telecommunication & Postage                   260 increase
         234-7408-465.44-21      Building & Equipment                          200 increase
         234-7408-465.58-01      Training & Meeting                            300 increase
         234-7408-465.58-14      Travel                                        567 increase
         234-7408-465.60-31      Gas, Oil & Auto Supplies                      150 increase
         234-7408-465.60-33      Materials & Supplies                          253 increase
         234-0000-331.74-06      Sampson Youth In-school                  $14,141 increase

3. Tax refunds, rebates and releases (Attachment 1)

4. Planning Services requested approval of discontinuance of the Planning and Code
   Enforcement Services Agreement between the Town of Erwin and Harnett County. The
   Town of Erwin request Harnett County continues the terms and compensation of
   providing professional planning services on a month to month basis until a new planner
   position is filled. Code Enforcement Services will not be provided as part of the new
   agreement.

5. Health Department requested approval to establish a fee of $40 for 17P injections. The
   17P injection is used in the Prenatal Clinic. The Harnett County Board of Health
   provided approval on May 17, 2012, for the Department of Public Health to establish a
   fee for 17P injection. In checking with other health agencies, the standard amount
   seemed to be a range of $25.00 to $40.00. The $40.00 rate will put the department in the
   5% over allotment allowed in the proposed budget.

6. Sheriff’s Office requested approval of resolution to award a service weapon to Deputy
   Lieutenant Kenneth Lee upon his retirement. (Attachment 2)

7. Sheriff’s Office requested funds in the amount of $83,875 ($80,760 Federal Asset
   Forfeiture funds received in May/June 2012 and $3,115 State Substance Abuse Funds
   received in May 2012) to be rolled over into the 2012-2013 budget as they were received
   too late in the 2011-2012 budget year to be spent.

                                                    July 16, 2012 Regular Meeting Minutes
                                                   Harnett County Board of Commissioners
                                                                               Page 3 of 7
8. In accordance with NC G.S. 105-321(b), the Harnett County Board of Commissioners
   authorized, empowered and commanded Tax Administrator Tony Wilder to collect the
   taxes of the 2012-2013 tax levy.

9. Tax Administrator requested approval of the Interlocal Cooperation Agreement for the
   Collection of Taxes between the County of Harnett and the Town of Erwin. The
   agreement will continue annually unless terminated by either party.

10. Public Utilities requested approval to amend the existing Harnett County’s Fat, Oils and
    Grease Ordinance. The changes reflect requested revisions from NCDENR.

11. Public Utilities requested approval to amend the Public Utilities Ordinance for the FY
    2012-2013. The ordinance needs to be amended to show the new water and sewer rates
    as adopted as part of the budget ordinance.

12. Legal Service, on behalf of General Services, requested approval to enter into a Lease
    Agreement with Dennis J. and Jennifer M. Patten; the new owners of the land where the
    Buckhorn Container site is situated. The initial lease term is for one-year with a
    provision to auto-renew under said terms unless terminated in writing by property owner
    or if said funds are not authorized by the Board of Commissioners.

13. Parks and Recreation requested approval of the donation of 204.1 acres of land from the
    Harnett Forward Together Committee. The land donation will be used as $500,000
    match to the NC PARTF grant the County received to construct Anderson Creek Park,
    Phase 1.

14. Cooperative Extension requested permission to accept grant funding from the Harnett
    County Partnership for Children for continual operation expense of the Child Care
    Resource and Referral Program in the amount of $39,174 for fiscal year 2012-2013.

15. Cooperative Extension requested permission to accept grant funding from the Harnett
    County Partnership for Children for continual operation expense of the Parents As
    Teachers Program in the amount of $234,586 for fiscal year 2012-2013.

16. Airport Administrator requested approval of a grant agreement between NC Department
    of Transportation/Division of Aviation and the County of Harnett for the 12.2 Runway,
    Taxiway & Apron Rehabilitation & Strengthening project for $235,914. The project
    ordinance for this project was approved on May 21, 2012.

17. In accordance with General Statute 105-373(a), the Tax Administrator reported the total
    amount of unpaid county taxes for 2011 is $1,300,107.97. The real property total is
    $644,248.03 and the DMV (licensed motor vehicles) amount is $655,859.94.




                                                     July 16, 2012 Regular Meeting Minutes
                                                    Harnett County Board of Commissioners
                                                                                Page 4 of 7
   18. Legal Department, on behalf of Human Resources, requested approval of the Agreement
       for the Provision of Professional Services between First Choice Community Health
       Centers and the County of Harnett to provide medical services to county employees.

   19. Planning Services requested approval of an agreement between the Town of Erwin and
       Harnett County to allow Harnett County Building Inspections to perform inspection
       services for the Town of Erwin.

   20. Planning Services requested approval of Community Development Division’s
       recommendation of The Wooten Company, Inc. as consultant to administer, on behalf of
       the County of Harnett, the 2011 Scattered Site Housing Community Development Grant
       (CDBG). In addition, the Community Development Division requests the Board of
       Commissioners authorize the department to begin administration contract negotiations.
       This project will be funded by the North Carolina Department of Commerce, Division of
       Community Assistance. The Scattered Site Housing Program is a rehabilitation program
       targeted towards very low income owner occupied households. The approved grant is for
       $400,000 and no more than 10% for administrative costs. There are no matching funds
       required.

Chairman McNeill opened the floor for informal comments by the public, allowing up to 3
minutes for each presentation.

   -   Susan Davis, 103 East D. Street in Erwin, held up a bottle of discolored water
       to show commissioner the quality of water sold to her by Harnett County. She said this
       issue has been on-going for the past 6 years and over that period of time she has
       contacted everyone she could to try to get help. She said in addition to paying over $80 a
       month for a water bill she also has to purchase bottled water for her family to drink. She
       noted that Public Utilities employees flush the lines on her street each Monday and
       Friday in an attempt to clear the water which she said doesn’t really help.

       Mr. Steve Ward, Director of Harnett County Public Utilities, agrees this is a localized on-
       going problem due to the old system. Mr. Ward reported that Public Utilities has bids in
       hand and money slated to work on this issue, if directed to do so by commissioners,
       which could cost over $128,000 to replace the lines on two streets. Mr. Ward noted they
       may have to relay lines which could be complicated by the old valves that no longer
       work. Commissioners directed Mr. Ward to prepare and submit the paperwork needed to
       perform these improvements. Patsy Carson, Mayor of Erwin, expressed her appreciation
       but noted other water issues remain in the town including Denim Drive.

Commissioner Andrews moved to approve the appointment listed below. Commissioner Burgin
seconded the motion which passed unanimously.

       Harnett County Public Library Board of Trustees
       Yolanda Massey (nominated by Vice Chairman Hill) was appointed to serve on this
       board for a term of 3 years expiring June 30, 2015.
                                                         July 16, 2012 Regular Meeting Minutes
                                                        Harnett County Board of Commissioners
                                                                                    Page 5 of 7
Mark Locklear, Planning Manager, petitioned the board for a public hearing regarding the
proposed zoning request: Owner of Record/Applicant: John Frangakis, Andreas Anagnosto
Poulos, Deno Frangakis; From RA-20R to Commercial Zoning, .471 +/- acres, Hwy 24/87,
Anderson Creek Township. Mr. Locklear noted a public hearing was held by the Planning Board
on Monday, July 2, 2012. A unanimous vote was taken to recommend approval of the request
based upon favorable findings.

Mr. Locklear reported the site is currently vacant and is part of a parcel that is already zoned
commercial. This parcel is split by the entrance of Starwood at Overhills Subdivision and
surrounding land uses include single family residential homes, a variety of commercial
development in close proximity, several residential subdivisions and undeveloped land.
Mr. Locklear noted, as required for all zoning changes within a five mile radius of Fort Bragg,
the Regional Land Use Advisory Commission was contacted regarding the proposed rezoning
and had no issue. He also reminded the group two parcels adjacent to this site were approved to
be rezoned to commercial on February 21, 2011.

Mr. Locklear reported staff evaluation as:
       - The IMPACT to the adjacent property owners and the surrounding community is
           reasonable, and the benefits of the rezoning outweigh any potential inconvenience or
           harm to the community. REASONING: In the vicinity of the subject property, non-
           residential development has continued at a fast pace as well as all along Hwy 87
           corridor. The requested zoning change to Commercial will not have a negative
           impact on the surrounding properties or the community.
       - The requested zoning district is COMPATIBLE with the existing Land Use
           Classification. REASONING: The requested zoning is compatible with the existing
           Land Use Classification of Compact Mixed Use. The Compact Mixed Use
           classification is to encourage a different combination of uses such as: commercial,
           institutional, as well as single family and multi-family developments.
       - The proposal does ENHANCE or maintain the public health, safety and general
           welfare. REASONING: The proposed commercial zoning is more appropriate for
           this site due to properties to the North and South zoned commercial as well as
           property across Hwy 87. The proposed zoning would enhance the public health and
           general welfare.
       - This request does not need to be evaluated for a small scale rezoning, because the
           properties adjacent to this site are zoned commercial.
Suggested Statement-of-Consistency: Staff concludes that the requested rezoning to Commercial
is compatible with Harnett County regulatory documents and would not have an unreasonable
impact on the surrounding community and will enhance the public health, safety, and general
welfare for the reasons stated in the evaluation. It is recommended that this rezoning request be
approved.




                                                         July 16, 2012 Regular Meeting Minutes
                                                        Harnett County Board of Commissioners
                                                                                    Page 6 of 7
Chairman McNeill called to order a public hearing on the matter and opened the meeting for
comments from the public. Deno Frangakis, applicant, asked commissioners to approve the
request. Seeing no one else move, Chairman McNeill closed the public hearing. Commissioner
Burgin moved to approve the proposed zoning request. Commissioner Andrews seconded the
motion which passed unanimously with one absence. Chairman McNeill told Mr. Frangakis he
hoped rumors were true that they might open a restaurant on this property.

Mr. Sauer presented the following report:
                      - June 2012 Planning Services Report
                      - June 2012 Veterans Affairs Activities Report
                      - June 2012 Landfill Billing
                      - June 2012 Public Health Activities Summary
Mr. Sauer also reminded the group of their upcoming work session scheduled for 9:00 am on
Tuesday, July 24, 2012.

Commissioner Andrews moved that the Board go into closed session for the purposes of: 1) to
discuss certain personnel matters; and 2) to consider and give instructions to the county legal
staff concerning the handling of certain claims and legal actions including the following pending
case: County of Harnett vs. Randy Rogers and Gary A. House, Harnett County File No. 12 CVS
890; and 3) to discuss matters relating to the location or expansion of industries or other
businesses in Harnett County. This motion is made pursuant to N.C. General Statute Section
143-318.11(a)(6)(3)(4). Commissioner Burgin seconded the motion which passed unanimously.

Vice Chairman Hill moved that the Board come out of closed session. Commissioner Andrews
seconded the motion which passed unanimously.

Chairman McNeill called for any new business. Commissioner Burgin mentioned H.L. Sorrell
had asked him about the county reinstating their $2000 donation to the Coats Museum which
Commissioner Burgin then made into a motion. Vice Chairman Hill seconded the motion which
passed unanimously.

Chairman McNeill moved to adopt an amendment to Mr. Sauer’s employment agreement. The
motion was seconded by Vice Chairman Hill. Commissioner Burgin clarified the amendment as
an adjustment to the County Manager’s employment contract which adds time to the contract
until July 1, 2019 and adds an additional six months to the severance pay making it one year.
Commissioner Burgin said he doesn’t think this is appropriate and believes such changes, if
needed, should be left up to the incoming Board of Commissioners in December. Commissioner
Burgin said he doesn’t like long time employment contracts and doesn’t think this is good for the
County. The motion passed 3 to 1 with Commissioner Burgin opposing.

Commissioner Andrews moved to adjourn the meeting at 8:40 pm. The motion was seconded by
Commissioner Burgin and passed unanimously.


________________________________                    ____________________________________
Timothy B. McNeill, Chairman                        Margaret Regina Wheeler, Clerk

                                                         July 16, 2012 Regular Meeting Minutes
                                                        Harnett County Board of Commissioners
                                                                                    Page 7 of 7

								
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