012312mHARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
January 23, 2012
The Harnett County Board of Commissioners met in regular session on Monday, January 23,
2012, in the Commissioners Meeting Room, County Administration Building, 102 East Front
Street, Lillington, North Carolina.
Members present:
Staff present:
Timothy B. McNeill, Chaillnan
Beatrice B. Hill, Vice Chairman
Dan B. Andrews, Commissioner
Gary House, Commissioner
Jim Burgin, Commissioner
Scott Sauer, County Manager
Tony Wilder, Deputy County Manager
Dwight Snow, Staff Attorney
Sylvia Blinson, Finance Officer
Margaret Regina Wheeler, Clerk to the Board
Chairman McNeill called the meeting to order at 7:00 pm. Commissioner Burgin led the pledge
of allegiance and invocation.
Chairman McNeill called for additions and deletions to the published agenda. Mr. Sauer, after
conferring with the County Attorney, requested the removal of the request for approval of all
CCCC Health Science Building related documents noting there were technical items still under
review by bond council. Commissioner Burgin moved to approve the agenda as amended.
Commissioner Andrews seconded the motion which passed unanimously.
Vice Chairman Hill moved to approve the items on the published consent agenda.
Commissioner House seconded the motion and the Board unanimously approved the following
items on the consent agenda:
1. Minutes: January 9, 2012 Regular Meeting
2. Budget Amendments:
186 Health Department
Code 110- 0000 - 331.76 -23 Immunization Capacity
110- 0000 - 331.76 -11 Immunization
188 Public Utilities Department Cap ital Proiect PU 1002 SCWW 1B -2
Code 574- 9100 -431 .45 -40 Land and ROW
574 -9100- 431.45 -80 Contingency
7,512 decrease
7,512 increase
45,000 increase
45,000 decrease
January 23, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 1 of 8
189 Governing Body
Code 110- 4100- 410.30 -04 Professional Services
110 -0000- 399.00 -00 Fund Balance Appropriated
190 JCPC Administrative Funds
Code 110 -5899- 420.32 -82 Return of Unspent Grant Funds
110- 0000 - 399.00 -00 Fund Balance Appropriated
191 Public Utilities Department
Code 531- 9020 - 431.33 -45 WWTP Contracted Services
531- 0000 - 356.30 -00 Reimbursement /Insurance Claim
194 Sheriffs Office
Code 110 -5100- 420.74 -74 Capital Outlay
110 -5100- 420.32 -27 Drug Fund
110- 0000 - 336.16 -00 Asset Forfeitures
195 Sheriffs Office
Code 110 -5100- 420.32 -27 Drug Fund
110- 0000 - 336.15 -00 Controlled Substance Tax
196 Sheriff's Office
Code 110 -5100- 420.74 -74 Capital Outlay
110- 0000 - 336.16 -00 Asset Forfeitures
198 Sheriffs Department
Code 110 -5100- 420.43 -21 Maintenance & Repair Auto
110- 0000 - 356.30 -00 Insurance Claims
200 Boone Trail Elementary School Proiect CP0905
Code 318- 8300 - 480.45 -70 Interest During Construction
318 - 8300 - 480.90 -10 General Fund
2,500 increase
2,500 increase
591 increase
591 increase
16,534 increase
16,534 increase
81,813 increase
10,000 increase
91,813 increase
386 increase
386 increase
19,476 increase
19,476 increase
1,900 increase
1,900 increase
170,310 decrease
170,310 increase
201 567 Public Utilities Department, PU0703 East Central Improvements Proiect
Code 567- 9100 - 431.45 -02 Temple Construction 4,872 decrease
567- 9100 - 431.45 -33 Materials and Supplies 4,872 increase
202 Board of Elections Department
Code 110- 4300 - 410.12 -01 Salaries and wages of Precinct officials
110- 4300 - 410.30 -04 Professional Services
110 - 0000 - 399.00 -00 Fund balance appropriated
3,000 increase
3,000 increase
6,000 increase
204 Public Buildings Department
Code 110- 4700 - 410.41 -42 Operating - Utilities -Old Boone Trail School 4,500 increase
110- 0000 - 399.00 -00
Fund Balance Appropriated 4,500 increase
January 23, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 2 of 8
206 Infonuation Technology Department
Code 110 - 4910 - 410.11 -00 Salaries & Wages
110- 4910- 410.21 -00 Group Insurance Expense
110- 4910- 410.21 -02 Group Insurance Expense -HRA
110- 4910 - 410.22 -00 FICA Tax Expense
110- 4910 - 410.23 -00 Regular Retirement
110- 4910 - 410.26 -08 Worker's Compensation
110- 0000 - 399.00 -00 Fund Balance Appropriated
3. Tax refunds, rebates and releases (Attachment 1)
18,162 increase
3,022 increase
390 increase
2,445 increase
2,322 increase
58 increase
26,399 increase
4. County Engineer and Public Utilities requested approval of two Secondary Right of Way
Agreements with NC Department of Transportation for Fleming Road in Wake County.
Harnett County owns two parcels along this road for water storage and distribution
facilities.
5. Board of Elections requested an additional allocation of $6,000 to allow the Board of
Elections to staff and pay for programmatic costs at additional One Stop Voting sites for
the 2012 Presidential Primary.
6. Parks and Recreation requested approval of usage fees for county managed tennis
facilities. Staff reviewed recreational usage fees of the surrounding communities as well
as a study produced by Recreation Resources Service in 2010 -2011 to determine
acceptable fees. Fees will be $5 per hour (no lights) and $10 per hour (with lights).
Prices are per court. Tennis courts are currently used on a first come, first serve basis and
will continue this way with no charge. The fees will only be used to guarantee a court is
available for the user. All use of lighted courts will require a rental fee.
7. County Attorney requested approval of a resolution accepting an offer to purchase from
Harnett County a .082 acre tract (REID #49214) pursuant to NC General Statute 160A-
269 which includes a negotiated offer and upset bid procedure. (Attachment 2)
8. Information Technology requested approval to reinstate a GIS Land Records Technician
position that was eliminated in the 2011 -2012 budget. Staff reported the 3 mappers
currently in GIS have to leave their workstation to cover the front desk duties that were
previously handled by the 2 Land Records Technicians. This work involves transferring
deeds, stamping deeds and plats, answering the phones and assisting customers. This
shift has caused many mapping projects to be put on hold, fall behind schedule or not get
started at all.
9. Emergency Services requested approval of the Memorandum of Agreement between the
N.C. Department of Crime Control and Public Safety, Division of Emergency
Management, Training and Exercise Branch and Harnett County in the amount of
$47,000 to conduct a regional search and recovery exercise series to improve
preparedness, response, and recovery for the County of Harnett.
January 23, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 3 of 8
10. Emergency Services requested approval of the Memorandum of Agreement between the
N.C. Department of Crime Control and Public Safety, Division of Emergency
Management, Training and Exercise Branch and Harnett County that states that the grant
funds for training in the amount of $1,856.44 be retained by the State to conduct training
activities to improve preparedness, response, and recovery for the County of Harnett
Chairman McNeill opened the floor for informal comments by the public, allowing up to 3
minutes for each presentation up to 30 minutes.
Donald Gregory, 62 East McIver Street in Angier, voiced concerns regarding the recent increase
from $250 to $750 for septic tank permitting fees in Harnett County. Mr. Gregory said he felt
the increase was totally ridiculous comparing septic tank permitting fees for Wake County at
$400 and Johnston County at $250. He suggested the county consider hiring private contractors
for this work.
Commissioner Andrews moved to approve the appointments listed below. Commissioner Burgin
seconded the motion which passed unanimously.
AIRPORT COMMITTEE
Ben Slaughter (nominated by Chairman McNeill) was appointed to complete the term for
District 5 representative ending December 31, 2012.
HARNETT COUNTY COUNCIL FOR WOMEN
Grace Watts, Katy Aguirre and Wendy Cortez (nominated by Commissioner House) were
appointed to serve on this council for a 3 year term ending January 31, 2015.
HARNETT COUNTY PLANNING BOARD
Jay Ryan Smith (nominated by Commissioner Burgin) was appointed to serve on this
Board for a 3 year teini ending January 31, 2015.
Donna Johnson, Harnett County Community Development, petitioned the Board to hold a public
hearing regarding the 2011 Community Development Block Grant Program (SSH 2011). Staff
also requested approval for The Wooten Company to apply, on behalf of the County, to the N.C.
Department of Commerce for the FY 2011 Small Cities Community Development Block Grant
(CDBG). The primary objective of the CDBG program is to address the most critical housing
needs of very low income, owner - occupied households with incomes at or below 50% or area
median incomes. The grant amount is $400,000 and does not require a match.
Chairman McNeill called to order a public hearing on the matter and opened the meeting for
comments from the public. Seeing no one move, Chairman McNeill closed the public hearing.
January 23, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 4 of 8
Commissioner Burgin moved to approve for The Wooten Company to act on behalf of the
County. Vice Chaiiinan Hill seconded the motion which passed unanimously.
Mark Locklear, Planning Manager, petitioned the Board to hold a public hearing regarding this
proposed zoning request. Proposed Zoning Change, Owner of Record: Johnny Faircloth,
Applicant: Alex Moss, 2.0 +/- acres (3 tracts), From RA -20R to Commercial Zoning District,
Red Bird Rd., Johnsonville Township.
A public hearing was held by the Planning Board on January 3, 2012. The Planning staff
recommended denial of the request. The Planning Board voted three to one to recommend that
the County Commissioners deny the request based upon unfavorable findings. Concerns were
expressed with commercial uses going into a residential subdivision and having a negative
impact on the community.
As required for all zoning changes within a five mile radius of Fort Bragg, the Regional Land
Use Advisory Commissioner was contacted and had no issue with rezoning.
Staff evaluation is as follows:
- The IMPACT to the adjacent property owners and the surrounding community is NOT
reasonable, and the benefits of the rezoning outweigh any potential inconvenience or
harm to the community. REASONING: The requested rezoning to commercial would
have an unreasonable impact on the community. If rezoned to Commercial this would
allow all uses permitted in the commercial zoning district, some of which may not be
compatible with the residential nature of the community. These lots were originally
approved to be used as residential within the Natures Crossroads Subdivision. Therefore
rezoning the proposed properties to commercial may have a negative impact on the
residents who live within the subdivision. Potentially creating traffic and quality of life
issues, especially to property owners adjacent to the proposed internal lots.
The requested zoning district is NOT COMPATIBLE with the existing Land Use
Classification. REASONING: The requested rezoning to Commercial is not compatible
with the Land Use Classification Low Density Residential. This classification is to
promote single family homes, manufactured homes on larger size lots.
- The proposal does NOT ENHANCE or maintain the public health, safety and general
welfare. REASONING: The proposal does not enhance the public general welfare, as
the requested zoning is not compatible with the zoning of adjacent properties or the
County Land Use Plan. Further the current zoning allows several commercial uses via
the conditional use process, which would allow the community to provide input on the
uses that would be placed on the site as well as conditions that could reduce or prevent
potential negative impacts.
- The request is not for a SMALL SCALE REZONING and should be evaluated for
reasonableness. REASONING: The request does not need to be evaluated for a small
scale rezoning, because this parcel is contiguous to commercial zoning directly across
Hwy 24.
- Suggested Statement of Consistency (Staff concludes that...) The requested rezoning to
Commercial is not compatible with all Harnett County regulatory documents and would
not only have an impact on the surrounding community, but would also fail to enhance
January 23, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 5 of 8
the public health, safety and general welfare as stated in the evaluation. It is
recommended that this rezoning request be DENIED.
Chairman McNeill called to order a public hearing on the matter and opened the meeting for
comments from the public.
- Mickey Bennett, representing the owner and applicant, spoke in favor of this request.
Mr. Bennett said other storage businesses nearby the proposed site are over 95% full
showing a need for this service. He also believes this service will impact traffic very
little
- Chris Figueroa, 34 Chipmunk Court within Natures Crossroads Subdivision, spoke
against the proposed zoning request saying she believes it will be dangerous for residents
of the subdivision to share the same entrance off of Hwy 24 as the business as well as
safety concerns for the children in neighborhood.
- Jeremy Clark, 101 Red Bird Lane within Natures Crossroads, spoke against the request
said his main concerns were safety for the children and the effect this would have on
real estate values
- Christopher Donaldson of 150 Box Elder Terrace within Natures Crossroads, spoke
against the request echoing the concerns mentioned by others as well as the fear this
would increase crime in his neighborhood.
- Freddie Lozada, 21 Chipmunk Court within Natures Crossroads also spoke against the
request voicing concerns regarding safety for the children and increased traffic.
It was clarified that there would be approximately 50 units installed if approved along with
fencing and security with tenants having access 24 hours a day 7 days a week. Commissioner
House said he did not believe these types of businesses were typically visited often.
Commissioners directed Planning staff to work with the Harnett County Board of Education to
allow the school buses to pick children up inside of the subdivision instead of having a bus stop
located directly on Hwy 24.
Chairman McNeill moved to approve rezoning the front two of the three proposed tracts, with
the third tract remaining residential. Chairman McNeill stated his beliefs that the impact would
be minimal to property owners as there would not be constant traffic in and out of the business; it
is compatible with other existing land uses as there are commercial properties across the road as
well as up the street from the proposed sites; and it would provide a necessary service for
citizens in the area. Commissioner Andrews seconded the motion which passed unanimous.
Mark Locklear, Planning Manager, petitioned the Board to approve a proposed zoning request.
Proposed Zoning Change, Owner of Record: Curr -Well Development, Applicant: Harnett
County Planning Dept., 2.29 +1- acres, From RA -20R to Commercial Zoning District, 35
Industrial Drive, Bunnlevel, Stewart's Creek Township
A public hearing was held by the Planning Board on January 3, 2012. Planning staff noted that
this tract was overlooked when Stewart's Creek was zoned in 2009 and should have been zoned
Commercial at the time.
January 23, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 6 of 8
The Planning Board unanimously voted to recommend that the County Commissioners approve
the request based upon favorable findings of Small Scale Rezoning as well as Standards of
Review.
Staff evaluation is as follows:
- The IMPACT to the adjacent property owners and the surrounding community is
reasonable, and the benefits of the rezoning do not outweigh any potential inconvenience
or harm to the community. REASONING: The requested zoning district is compatible
with surrounding land uses and should have no unreasonable impact on the adjacent
property owners or the surrounding community.
The requested zoning district is COMPATIBLE with the existing Land Use
Classification. REASONING: The existing Land Use Classification for this site is a
Rural Development Node. This use is intended to promote the development of business
and institutional uses with a neighborhood setting and also may include small lot
residential and multi - family development. The proposed Commercial Zoning is
compatible with the existing land use classification.
- The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The requested zoning district is compatible with the general vicinity of
the site due to the nature of current surrounding land uses.
- The request is for a SMALL SCALE REZONING and should be evaluated for
reasonableness. REASONING: The site is not adjacent to any existing commercial
zoning and therefore, it should be evaluated for a small scale rezoning request.
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.
Chairman McNeill called to order a public hearing on the matter and opened the meeting for
comments from the public. Seeing no one move, Chairman McNeill closed the public hearing.
Commissioner Andrews moved to approve the proposed zoning request. Commissioner Burgin
seconded the motion which passed unanimously.
Mr. Sauer presented the following report:
• December 2011 Public Health Activities Summary
• Johnston - Lee - Harnett Community Action, Inc's Application to NC DHHS,
Community Services Block Grant Program FY 2012 -2013
Mr. Sauer also reminded the group of their next special session scheduled for January 31, 2012
and noted John Rouse would be present to discuss the rational for the increase in septic tank
permitting fees in the 2011/2012 budget.
January 23, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 7 of 8
Commissioner Burgin requested additional information regarding the Johnston- Lee - Harnett
Community Action, Inc's program as he had questions regarding salaries and the percentage of
monies going toward their clients.
Vice Chairman Hill moved that the Board go into closed session for the purpose to discuss
matters relating to the location of an industry or other business in Harnett County. This motion
is made pursuant to NC General Assembly Section 143- 318.11(a)(4). Commissioner Andrews
seconded the motion which passed unanimously.
Vice Chairman Hill moved that the Board come out of closed. Commissioner Burgin seconded
the motion which passed unanimously.
Chairman McNeill called for any new business. Commissioner Burgin moved that Public
Utilities be instructed to park all county vehicles (approximately 54 vehicles) that are not going
out on call. Commissioner House seconded the motion. Commissioner Burgin cited a memo
written by Mr. Glenn McFadden concerning a certain employee driving a county vehicle home.
Commissioner Burgin also mentioned a recent accident where a county employee totaled a new
county vehicle while driving it after hours and not on call. The motion failed 3 to 2.
Commissioner Burgin moved to restore approximately $10,000 of funding to S.A.F.E.
Commissioner House seconded the motion. Chairman McNeill said he would like to discuss this
at a work session after we know more about sales tax revenues. The motion failed 3 to 2.
Commissioner Burgin also asked the Tax Department to research the amount of money that
would be generated if a tax district was formed in the Anderson Creek and Johnsonville areas.
Commissioner Burgin noted Representative David Lewis had advised him this was a possibility
to pay for certain services in an area.
Vice Chairman Hill moved to adjourn the meeting at 8:19 pm. Commissioner Andrews
seconded the motion which passed unanimously.
Timothy : Neill, Chairman
taet k1
Margret Regina ` Jheeler, Clerk
January 23, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 8 of 8
ATTACHMENT 1
Approved by the Harnett
Ccunty Board of Commissioner*
Board Report
Date : 01/23/2012
TO : HARNETT COUNTY BOARD OF COMMISSIONERS
RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES
Approved By H C or. /-,R 3-
*to
e
A' , ,JILLLILLELL,,
1 FIRST CHOICE COMMUNITY CE NTER
PO BOX B
MAMERS, NC, 27552 - 0397
2 FIRST CHOICE COMMUNITY CE NTER
PO BOX B
MAMERS, NC 275520397
MAMERS, NC, 27552 - 0397
3 GAULDIN, LODIS BUTTS
1551 MAMIE UPCHURCH RD
LILLINGTON NC, 27546 - 0000
4 GAULDIN, LODIS BUTTS
1551 MAMIE UPCHURCH RD
LILLINGTON NC, 27546 - 0000
5 HAIDUCK, JOHN EARL
22 KIMBROUGH ST
LILLINGTON, NC 275466352
LILLINGTON, NC, 27546 - 6352
6 HINSLEY, ROBERT ANTHONY
HINSLEY, JESSICA ANN
745 COLONIAL HILLS DR
LILLINGTON, NC, 27546 - 6320
7 MOULANA, AMIR ARSALAN
2005 HARROW PL
FAYETTEVILLE NC, 28304 - 5661
8 NORRIS, KELLIE JO
176 ARLINGTON DR
CAMERON, NC 283266022
CAMERON, NC, 28326 - 6022
9 PATTERSON, TIMOTHY GRAY
1486 PATTERSON RD
BROADWAY NC, 27505 - 0000
10 PATTERSON, TIMOTHY GRAY
1486 PATTERSON RD
BROADWAY NC, 27505 - 0000
11 PATTERSON, TIMOTHY GRAY
1486 PATTERSON RD
BROADWAY NC, 27505 - 0000
12 SIMPSON, ISAAC DAVID
SIMPSON, VANESSA WEST
235 HESTER PL
CAMERON, NC, 28326 - 6199
WM. A. TONY WILDER
Revenue Administrator
0001674662- 2011- 2011-
000000
0001676289- 2011- 2011-
000000
0000019099- 2009- 2009-
000000
0000019099- 2010- 2010-
000000
0001684401- 2010- 2010-
000000
0001893411- 2011- 2011-
000000
0001669702- 2009- 2009-
000000
0001786644- 2010- 2010-
000000
0001137554- 2008- 2008-
000000
0001137554- 2009- 2009-
000000
0001137554- 2010- 2010-
000000
0001899018- 2011- 2011-
000000
aic
City 0.00
County 285.81
City 0.00
County 285.81
City 0.00
County 366.38
City 0.00
County 364.58
City 0.00
County 163.83
City 0.00
County 78.49
City 0.00
County 123.76
City 0.00
County 75.98
City 0.00
County 215.25
City 0.00
County 159.96
City 0.00
County 142.19
City 0.00
County 115.53
City Total
County Total
Total to be
Refunded
7,77,7;7W :"P'r
285.81 Refund
285.81 Refund
366.38 Refund
364.58 Refund
163.83 Refund
78.49 Refund
123.76 Refund
75.98 Refund
215.25 Refund
159.96 Refund
142.19 Refund
115.53 Refund
0.00
2,377.57
2,377.57
Reason
Exempt
Exempt
Value Decrease
Value Decrease
Military Exemption
Military Exemption
Military Exemption
Military Exemption
Value Decrease
Value Decrease
Vlaue Decrease
Value Decrease
Approved by the Harnett
County Board of Commissioner
Board Report
Date : 01/23/2012
CLASi "CAL LUV
2 THE DONNA M ATKINSON
TRUST
38 MESSA LANE
SPRING LAKE NC 283900000
SPRING LAKE NC, 28390 - 0000
WM. A. TONY WILDER
Revenue Administrator
CC:
WM. A. TONY WILDER
0000016179- 2009- 2009- 000000
0000034110- 2011- 2011- 000000
Approved By : /4 r 66y:
0.00
County 1,104.11
City 0.00
County 511.09
City Total
County Total
Total to be
Refunded
Value
1,104.11 Refund Decrease
Elderly
Exemption
511.09 Refund
0.00
1,615.20
1,615.20
Attachment 2
Harnett
C O U N T Y
NORTH CAROLINA
RESOLUTION TO SELL REAL PROPERTY
www.harnett.org
WHEREAS, Harnett County is the owner of a .082 acre real property tract located at 85
Elmon Gilchrist Lane, Erwin, NC 28339 in Grove Township; this is the same property conveyed
to Harnett County in that tax foreclosure Commissioner's Deed recorded in Book 2605, Page
495, Harnett County Registry with Parcel ID No. 070589002601; and
WHEREAS, Sydney Donald Hope and wife, Rhonda Lynnette Hope (Hope) have made
an offer to the County to purchase said real property tract for the purchase price of $3,000.00
pursuant to the negotiated offer, advertisement and upset bid procedure set forth in N.C. Gen.
Stat. § 160A -269; that the Harnett County Board of Commissioners has considered this offer and
said Board desires through this resolution to propose to accept the Hope offer on the condition
that Hope pay a 5% deposit ($150.00) and that the further requirements of N.C. Gen. Stat.
§ 160A -269 are met.
NOW THEREFORE, BE IT RESOLVED that the Harnett County Board of
Commissioners pursuant to the provisions of N.C. Gen. Stat. § 160A -269 do hereby propose to
accept the offer by Sydney Donald Hope and wife, Rhonda Lynnette Hope of $3,000.00 to
purchase that .082 acre real property tract upon his deposit of 5% of the offered price ($150.00)
and subject to any upset bids received after publication of the Hope offer pursuant to the
aforementioned statute;
BE IT FURTHER RESOLVED that the County legal staff will insure the compliance
with N.C. Gen. Stat. § 160A -269 and will provide to the Board a proposed deed at such time that
a final bid has been received for said real estate.
Adopted this the 23rd day of January, 2012.
C,
:
ATTEST:
Marg et Regina »Jheeler
Clerk the Boar
strong roots • new growth
HARNETT COUNTY BOARD OF COMMISSIONERS
By:
Timothy B. i'Nei11, Chairman