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042114mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting April 21, 2014 The Harnett County Board of Commissioners met in regular session on Monday, April 21, 2014, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Joe Miller, Chairman Gary House, Vice Chairman Jim Burgin, Commissioner Beatrice B. Hill, Commissioner Gordon Springle, Commissioner Tommy Burns, Harnett County Manager Joseph Jeffries, Deputy County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk to the Board Chairman Miller called the meeting to order at 7:00 pm. Members of Bragg Chapter 2226, Military Order of the Purple Heart of the USA, led the pledge of allegiance. Commissioner Springle gave the invocation. Chairman Miller recognize Mr. Burns as an ICMA Credentialed Manager. Chairman Miller called for additions and deletions to the published agenda. Mr. Burns requested removed from consideration 1) the Resolution directing county staff to schedule and notice a public hearing concerning a proposal for Harnett County to extend economic development incentives to Precision Realty, LLC; and 2) the Resolution directing county staff to schedule and notice a public hearing concerning a proposal for Harnett County to extend economic development incentives to Clarendon Properties, LLC and to be considered at the next regular meeting. Commissioner Springle moved to approve the agenda as amended. Commissioner Burgin seconded the motion which passed unanimously. Commissioner Hill moved to approve the items listed on the revised consent agenda. Vice Chairman House seconded the motion which passed unanimously. 1. Minutes: April 7, 2014 Regular Meeting 2. Budget Amendments: 345 Industrial Development Code 110-7100-465.32-17 HFTC 110-0000-399.00-00 Fund Balance Appropriation 63,868 increase 63,868 increase April 21, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 9 342 Sheriffs Office Code 252-5100-420.35-96 Clerk of Court 252-0000-336.24-02 Clerk of Court 337 Youth Services Code 110-7930-441.60-31 110-7930-441.43-21 110-7930-441.12-00 110-7930-441.11-05 Gas, Oil & Auto Supplies Maintenance & Repair — Auto Salaries & Wages Part Time Salaries & Wages Over Time 333 Emergency Medical Services Code 110-5400-420.43-21 Maintenance & Repair — Auto 110-0000-356.30-00 Reimbursement Insurance Claim 331 Parks & Recreation Code 110-8200-450.31-06 110-8200-450.43-15 110-0000-356.30-00 Park Development Maintenance & Repair Building Reimbursements/Insurance Claims 3. Tax refunds, rebates and releases (Attachment 1) 4. Proclamation - Purple Heart County 250,000 increase 250,000 increase 1,658 decrease 1,658 increase 436 decrease 436 increase 936 increase 936 increase 2,300 increase 2,379 increase 4,679 increase 5. Airport Administrator requested approval of a NCDOT/DOA grant agreement, resolution and project ordinance for the design and bidding efforts related to the drain outfall improvements required at Runway 5. Total estimated cost is $39,641 with 10% local match of $3,964 which is within current budget. 6. Airport Administrator requested approval of a NCDOT/DOA grant agreement, resolution and project ordinance for preliminary planning, wetland delineation and permit planning to clear approximately 15 acres of uplands and wetlands on the approach for Runway 5 at the Harnett County Regional Jetport. Clearing the 15 acres is in anticipation of more stringent FAA approach guidelines as well as reducing the acreage of animal habitat on airport property. Total estimated cost is $34,340 with 10% local match of $3,434 which is within current budget. 7. Sheriff's Office requested approval to donate vehicles and equipment to Central Carolina Community College. (Attachment 2) 8. Sheriff's Office requested approval to register two forfeited vehicles and award for use by the Harnett County Sheriffs Office. When these vehicles are no longer of use to the Sheriffs Office and are sold, the proceeds of the sales (minus any cost incurred for the sale) must be turned over to the School Fund of Harnett County. 9. Sheriff's Office requested approval to sale old weapons. April 21, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 9 10. Engineering and Facilities requested approval of NC DOT agreement between Harnett County and NCDOT and associated reimbursement agreement between Harnett County Schools and Harnett County for the acceptance of funds from NCDOT for roadway improvements at Highland Middle School. Chairman Miller presented the Purple Heart County Proclamation to members of the Bragg Chapter 2226, Military Order of the Purple Heart of the USA. Chairman Miller opened the floor for infolinal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. - Paul Long of Old Buies Creek Road in Angier said commissioners are not doing enough to prepare for the schools we need. Mr. Long said it's imperative as children need adequate space to learn and it is up to the tax -payers of Harnett County. He asked commissioners to get a 5 or 10 year plan, give it to tax payers and pass a bond like Wake County did. Mr. Long said it is a mystery to him why the Board would require the School Board to give them an accounting of what they have spent but then we don't know what Good Hope has done with $800,000 and we need a complete report. Mr. Long also said a County retiree recently told him the county's health insurance is no good to him. - Charles Arrington of 809 Young Road in Angier thanked the Board for their helping with the fire district; saying it is saving his family money and hopefully others beyond Angier. He also said he hopes everyone will start standing up because he believes we are losing our freedom. Mr. Arrington said kids are not being parented these days and if we don't do something we are going to lose another generation. - Goldie Pryor of McLean Chapel Church Road in Bunn Level, a former county employee, offered comments regarding the county's health insurance for employees. She asked commissioners to choose a good fit for the county employees and retirees and to make sure we have reasonable co -pays and a lower deductible. Mrs. Pryor asked commissioners to "keep it simple servants" and volunteered to be on the Employees Benefit Committee to represent retirees. There were no appointments. Jennifer Slusser, Senior Staff Attorney, petitioned the Board for a public hearing regarding the proposal to 1) establish the West Johnston Fire Protection Service District pursuant to N.C.G.S. Sec. 153A-302; and 2) to relocate the boundary lines of the adjoining fire protection service districts, namely, Angier Black River Fire Protection Service District and Coats Grove Fire Protection Service District pursuant to N.C.G.S. Sect. 153A-304.3. Mrs. Slusser noted the Board of Commissioners decided, by general consensus, to proceed with this proposal and relocation of the boundary lines of the adjoining fire protection service districts and authorized staff to take such steps as might be required or necessary to pursue the statutory and administrative processes relative to the proposal to create the new West Johnston Fire Protection Service District and relocate the boundary lines of adjoining fire protection service districts of Angier Black River Fire Protection Service District and Coats Grove Fire Protection Service District. April 21, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 9 Mrs. Slusser recounted on December 16, 2013, the Harnett County Board of Commissioners created the West Johnston Fire Insurance District and adjusted fire insurance district boundaries of Angier Black River Fire Protection Insurance District and Coats Grove Fire Protection Insurance District. At that time, the Board of Commissioners did not have all of the information necessary to take action on the creation and readjustment of fire protection service district lines. Mrs. Slusser said staff worked diligently to pull infolination together in the report regarding the proposal to relocate boundary lines of adjoining fire protection service districts which was made available to the public in the Clerk's Office as well as direct mails in accordance with the general statutes. Mrs. Slusser said resolutions regarding this would be put forward for consideration at the May 5th regular meeting of the Board. Chairman Miller called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman Miller closed the public hearing. Jay Sikes, Planning Services Manager, petitioned the Board for a public hearing regarding proposed zoning change — Landowner/Applicant: J.H. Stewart Farms; 4.38+\- acres; From RA - 40 to Commercial Zoning Intersection of US Hwy 421 South & NC 27 East; Neill's Creek Township. Mr. Sikes noted the site is vacant and the surrounding land uses are vacant farmland, low density residential and the Harnett County Jetport. Mr. Sikes reported the Harnett County Planning Board, during their April 7, 2014 meeting, voted unanimously to recommend approval of this rezoning application based on the existing zoning compatibility to the surrounding properties. Mr. Sikes 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 halm to the community. REASONING: The impact to the surrounding community is reasonable, as the requested zoning district is similar in nature to certain existing zoning districts in the area and it would not cause any inconvenience or harm to the community. The requested zoning district is NOT COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning to Commercial is not compatible with the Land Use Classification of Medium Density Residential. Medium Density Residential is meant to encourage stick built and manufactured residential developments. However, since this parcel has ample access to major roads, as well as its location to the County Jetport, staff feels it may be necessary to amend the Land Use Plan to comply with the existing use. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning to Commercial would maintain the public health and general welfare due to the existing commercial growth pattern in the area. This request is NOT for a SMALL SCALE REZONING and should not be evaluated for reasonableness. REASONING: The proposed rezoning to Commercial is adjacent to Commercial zoned land and thus the application does not need to be considered a Small Scale Rezoning. (PIN #0589-17-0904 would be adjacent to compatible zoning approved) April 21, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 9 Suggested Statement -of -Consistency: Staff concludes that the requested rezoning to Commercial is compatible with neighboring zoning districts 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 Miller called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman Miller closed the public hearing. Vice Chaiinian House moved to approve the proposed zoning change as presented. Commissioner Hill seconded the motion which passed unanimously. Jay Sikes, Planning Services Manager, petitioned the Board for a public hearing regarding proposed zoning change - Landowner/Applicant: JoAnn W. Britt/Gay Allen; .69+\- acres; From RA -20M to Commercial Zoning; NC Hwy 210 South; Anderson Creek Township. Mr. Sikes noted the site is currently occupied by a manufactured home park as well as a vacant building and surrounding land uses are primarily residential structures and vacant parcels. Mr. Sikes noted as required for all zoning changes within a five mile radius of Fort Bragg, the Regional Land Use Advisory Commissioner was notified. Mr. Sikes noted access is available for County water and sewer. Mr. Sikes reported the Harnett County Planning Board, during their April 7, 2014 meeting, considered the options for small-scale rezoning and voted 3-2 on the reasonableness of this application. After taking into account the Standards of Review worksheet, the Harnett County Planning Board voted 3-2 to recommend denial of this rezoning application based on the surrounding/adjacent residential uses. Mr. Sikes reported staff evaluation as: - 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 halm to the community. REASONING: The impact to the surrounding community and adjacent properties is unreasonable, as the area is predominately residential and agricultural. The proposed commercial zoning could be an inconvenience to adjacent property owners for all the uses allowed in the commercial zoning district and some of the uses may not be compatible with the residential nature of the community. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning to Commercial is compatible with the Land Use Classification of Compact Mixed Use. This classification is meant to encourage a combination of different land uses such as small lot single family, multifamily, commercial as well as industrial type uses. However, the current zoning classification RA -20M would also be compatible. The proposal does NOT ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning to Commercial will not maintain the public health, safety and general welfare of the surrounding community. Because the community is predominately residential and agricultural, the requested zoning is not compatible with the zoning of adjacent properties. The uses and density provided by the current zoning classification would be more appropriate for this area. April 21, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 9 This request is for a SMALL SCALE REZONING and should not be evaluated for reasonableness. REASONING: The request does need to be evaluated for a small scale rezoning based on the size of the proposed parcel and the site is not adjacent to Commercial zoning. 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 the public health, safety, and general welfare for the reasons stated in the evaluation. It is recommended that this rezoning request be denied. Chairman Miller, who said he has looked at the property, asked why this business was not grandfathered in like the other businesses down the road. Mr. Sikes said he was not sure why this was not captured as commercial when first zoned in 2000 but mentioned this property sits on a track that is predominantly residential. The block building beside this property is used for storage. Commissioner Burgin asked what the property could be used for. Mr. Sikes responded that the property, which is currently zoned as RA -20, has conditional use options including a convenient store, lawn mower repair shop, thrift stores, doctor's office, learning center, offices, etc. Mr. Sikes said a requirement for Commercial is based off of a complete 100% commercial sales establishment. Commissioner House asked if NCDOT would require a turning lane if zoned commercial. Mr. Sikes said NCDOT would certainly do something with the driveway but it would depend on the type of business regarding a turning lane. Chaiiman Miller asked if the property was used for a car lot if they would be required to pave the parking lot which Mr. Sikes said would be required though Planning Services. Commissioner Springle asked about the concerns of the Planning Board. Mr. Sikes noted concerns included the size of lot and history of the structure. Chairman Miller called to order a public hearing on the matter and opened the meeting for comments from the public. - HL Britt of 12630 NC Hwy 210 spoke in favor of the rezoning. Mr. Britt said the property was last used from 2004 to 2010 by a fire protection business and prior to that was a small family grocery store and gas station for 50 years. Mr. Britt said there is an existing business located behind this property that uses the paved street that runs beside of this property which is approximately 45 feet wide. Mr. Britt said they had been approached by a lady who wanted to use the building for office space for used car sales for a small number of cars which he does not feel is unreasonable. Mr. Britt asked if the property could be grandfathered if not rezoned. Mr. Britt also responded that there isn't a problem with the septic system noting the last tenant had it pumped once while they occupied the building. Mr. Sikes responded he felt additional paving would be required on the property if rezoned. Commissioner Burgin noted the potential tenant would be required to contact DMV who would need to approve everything first. - Gary West, who operates the utility building business behind the property being discussed, spoke against the rezoning request. He said county sewer is not available to the property which he said is currently being back -fed from an empty trailer lot and the septic tank is not good. Mr. West said there are 53 lots in the back part of the property and he is concerned about the safety of children from the trailer park playing and April 21, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 9 getting on the school bus. He is concerned about customers blocking the road entrance and said it is a bad place for a car lot with a bad dip pulling out on to the highway. Mr. West said he would not object to the commercial rezoning for a small business or anything other than a car lot. Mr. West said Mr. Ryan Schuler had previously applied to get a used car lot in the area which was turned down. Mr. West responded the access road gets blocked by a delivery truck maybe once a month and noted property in the back would be auctioned off in the future and contains 21 lots. - Dallas West, who owns the property next to the property being discussed, said the paved street beside of the property is a 30 foot easement issued to him on his deed and there would be no advantage to him to allow part of his easement to be used to park cars. Mr. West also said he didn't have any problem with Mr. Britt using part of his property but the septic system for the property is inadequate. He said there is a different septic tank for each building and if there is water and sewer available, they need to us it. - Angela Reynolds of 12644 NC Hwy 210 spoke in favor of the rezoning. Mrs. Reynolds said she lives behind the property being discussed and doesn't see any problem with it being commercial. Mrs. Reynolds said there are businesses all around with Barefoot Hardware being less than 1/2 a mile down the road. Mrs. Reynolds said there are only two trailers in the trailer park with children but doesn't feel like this will add much more traffic. She said there are 18 -wheeler trucks that come in and out of Mr. West's business delivering materials. Commissioner Springle asked about the line of sight for drivers pulling onto the road if cars were parked along the front of the property. Mr. Britt and Mrs. Reynolds said they did not think that would be a problem because they do not believe the tenant will park cars in the front of the lot yet more to the side. Commissioner Burgin said he understands DMV is very specific in their requirements for a car lot. Property owners clarified they preferred the property be rezoned as commercial to avoid having to apply for a conditional use pewit each time. - Mr. Claude Tweed, who lives a short distance from the property and knows "both sides of the family", spoke in favor of the rezoning. He said he has never seen a problem with traffic at the property and believes it would make a good business. He said he has seen tractor -trailers parked in front of the building and noted there is a turn lane in the middle of highway there. Mr. Tweed said Mr. Schuler's car lot was approved to sale high-end automobiles. Mr. Tweed also said there is a thrift shop down the road that doesn't have a paved parking lot and he thinks Mr. Britt has done a great job renovating the building. Mr. Sikes said technically you cannot have two different signs on the same piece of property. Mr. Sikes responded they would be able to have a sign on the building however if the property is zoned commercially it must be subdivided. Discussions regarding signage continued. Seeing no one else move, Chairman Miller closed the public hearing. Mr. Sikes reviewed the Board's options regarding this proposed rezoning. If approved by the Harnett County Board of Commissioners, the landowner/applicant's next step would be site plan review and applying for permits from Environmental Health and Public Utilities. Mr. Snow reiterated if the Board moved to approve the proposed rezoning, which meant going against the Planning Board's decision and Planning staffs recommendation, the Board member making the motion would need to revisit the criteria for small-scale rezoning and list the support in the motion. April 21, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 7 of 9 Commissioner Burgin moved to approve the proposed zoning change as presented stating he believes 1) the impact to the adjacent property owners and surrounding community is reasonable; and 2) the proposal does enhance or maintain the public health, safety and general welfare as he believes a car lot would be better than having the property as a general store, daycare or thrift shop. Commissioner Burgin listed reasonable findings of fact for small scale rezoning as follows: A. SIZE OF THE TRACT — The overall size of the tract of land is reasonable for rezoning. B. COMPATIBILITY WITH A COMPREHENSIVE PLAN — The area already has commercial there and it was stated there is a clear line of sight. C. IMPACT — The impact to the adjacent property owners is minimal. D. COMPARISON OF USES — there are already uses compatible with this. Vice Chairman House seconded the motion which passed unanimously. Mr. Burns presented the following reports: - Public Health Activities Report — March 2014 - Veteran Affairs Activities Report - March 2014 - Community Development Monthly Performance Report — March 2014 - Planning Services Report — March 2014 - Interdepartmental Budget Amendments - Resolution and Petition for a Bond Referendum for the Construction of School Facilities from the Harnett County Board of Education Mr. Burns expounded on the resolution and petition for a bond referendum for the construction of school facilities from the Harnett County Board of Education. Mr. Burns said the resolution and petition were included in the package to comply with the Local Government Bond Act; noting we have received the request, and this would initiate the procedures for the Board to consider a Bond Order which would have be adopted and approved setting a referendum on this. The Order would authorize the issuance stating the purpose and maximum amount of funds that the Bond may be issued. Mr. Burns noted the bond resolution does not included the date of the requested referendum nor does it include the projects they are requesting which these two items will need to be obtain from the Board of Education. Mr. Burns also noted the correction of the tax rate levied per $100 instead of per $1000. Mr. Burns sought direction from the Board as we need to respond fairly shortly to the request. Commissioner Springle requested staff gather infoiuiation and this request be discussed at the upcoming special session. The group discussed the potential timeline and process for the request. Mr. Burns also reminded commissioners that Tax Attorney Billy Godwin would be at the upcoming April 29th special session as well as having inviting Good Hope. Mr. Burns noted Administrative staff would be attending Emergency Operation Center (EOC) training the following day. Chairman Miller called for any new business. Chaituian Miller requested that each commissioner be provided with copies of the insurance broker bids recently received so they can study them. Commissioner Springle mentioned correspondence with Human Resources regarding quotes received which he said was not the intent of the proposal yet selecting a broker April 21, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 8 of 9 was. Commissioner Springle requested Human Resources prepare a spreadsheet listing all of the questions included in the RFP and responses provided instead of reading through the stack of bids/booklets submitted. Commissioner Springle said once a broker was selected then we must get a proposal. Mr. Burns noted the cost of insurance is the biggest whole we have in our budget. The top selected brokers will be invited to make a presentation. Vice Chaiiman House moved to appoint Goldie Pryor to serve on the Employee Benefits Committee as a representative for retirees. Commissioner Hill seconded the motion which passed unanimously. There was no need for closed session. Commissioner Burgin moved to adjourn the meeting at 8:28 pm. Commissioner Hill seconded the motion which passed unanimously. Joe iller, Chai : n `'n _ • ` , ` �garet f egina Wh April 21, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 9 of 9 ATTACHMENT 1 i'Spprovad by ibe Hai-Tiatt only Board of Commissioner Date : 04/21/2014 TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES No. Name of Tax Paver 31 Tax, tcnati tat'Rs e, f' un Request Reason Approved By : 6DC 40V- /L7/ 1 BARNES, BRUCE SHELTON City() 24.95 County 2.02 2 HALL, RODNEY P 3 HALL, RODNEY P 4 HALL, RODNEY P 5 JOHNSON, BENETTE COTTEN 0001886888- 2013- 2013- 000001 0000004944- 2009- 2009- 000000 0000004944- 2010- 2010- 000000 0000004944- 2011- 2011- 000000 0000520101- 2013- 2013- 000000 26.97 Refund Situs Correction Reduction in number of City 0.00 mobile homes in park; 180.00 Refund refund solid waste fees County 180.00 Reduction in number of City 0.00 mobile homes in park; 182.70 Refund refund solid waste fees County 182.70 Reduction in number of City 0.00 mobile homes in park; 200.00 Refund refund solid waste fees County 200.00 City(C104) 0.81 County 1.22 2.03 Refund S. KEITH FAULKNER City Total 25.76 Revenue Administrator County Total 565.94 Total to be 591.70 Refunded CC: S. KEITH FAULKNER Value Decrease ATTACHMENT 2 Harnett COUNTY STATE OF NORTH CAROLINA RESOLUTION AUTHORIZING DISPOSITION OF PERSONAL PROPERTY COUNTY OF HARNETT www.harnett.org WHEREAS, County of Harnett (the "County") owns the following motor vehicles, utilized by the Harnett County Sheriff's Department in connection with its public safety function: YEAR MAKE VIN 2005 FORD 2FAFP71 WX5X158331 2007 FORD 2FAFP71W57X105927 2007 FORD 2FAFP71W07X105933 2004 FORD 2FAFP71 W 14X 106228 WHEREAS, such vehicles are now obsolete and surplus to the needs of the County; WHEREAS, said vehicles have little, if any, value on the open and public market; WHEREAS, Central Carolina Community College ("CCCC"), located in Lee County, could utilize such vehicles for training purposes at its Emergency Services Training Center, said Center is often used by the various local government jurisdictions within Harnett County for training purposes; WHEREAS, the transfer of such vehicles to CCCC would provide for and promote the safety and welfare of the citizens of Harnett County by affording County law enforcement personnel and other local government jurisdiction law enforcement personnel equipment to be used for training purposes. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS, that the Harnett County Sheriff shall be and is hereby authorized and directed to take any such action as might be necessary and advisable to transfer the above -referenced vehicles to Central Carolina Community College, without consideration, pursuant to the provisions of North Carolina General Statute § 153-176. Duly adopted this the 21st day of April, 2014. County of Harnett By: ATTEST: a Wheeler, Clerk strong roots • new growth oe Miller, airutan Harnett County Board of Commissioners Q.Q�. tttltttr q r. §/� ss