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061614mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting June 16, 2014 The Harnett County Board of Commissioners met in regular session on Monday, June 16, 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. Commissioner Springle led the pledge of allegiance and invocation. Chairman Miller called for additions and deletions to the published agenda. Mr. Burns requested the addition for consideration adoption of resolution authorizing disposition of a surplus ambulance chassis by private bid. Mr. Burns also noted a correction to #466 Budget Amendment. Commissioner Burgin moved to approve the agenda as amended. Commissioner Hill seconded the motion which passed unanimously. Commissioner Burgin requested clarification regarding Budget Amendments #442 and #464. Commissioner Springle requested removal from the consent agenda for discussion purposes the approval of the amended offer of employment to County Manager Tommy R. Burns. Commissioner Springle moved to approve the items listed on the revised consent agenda. Vice Chairman House seconded the motion which passed unanimously. 1. Minutes: June 2, 2014 Regular Meeting 2. Budget Amendments: 441 Fleet Maintenance Fund Code 903-4610-410.11-00 903-4610-410.12-00 903-4610-410.21-00 903-4610-410.21-04 903-4610-410.21-05 903-4610-410.22-00 Salaries & Wages Salaries & Wages — Part time Group Insurance Expense HSA Employee Clinic FICA 113,021 decrease 13,088 decrease 14,794 decrease 2,798 decrease 795 decrease 9,647 decrease June 16, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 12 441 Fleet Maintenance Fund continued Code 903-4610-410.23-00 Retirement 7,813 decrease 903-4610-410.25-10 Unemployment Benefits 1,277 decrease 903-4610-410.26-08 Worker's Compensation 5,293 decrease 903-4610-410.30-04 Professional Services 4,400 decrease 903-4610-410.33-45 Contracted Services 10,000 decrease 903-4610-410.41-11 Telecommunication & Postage 3,000 decrease 903-4610-410.43-16 Maintenance & Repair - Equipment 4,653 decrease 903-4610-410.43-21 Maintenance & Repair - Auto 365,843 decrease 903-4610-410.44-21 Building & Equipment Rent 551 decrease 903-4610-410.55-12 Printing & Binding 150 decrease 903-4610-410.58-01 Training & Meetings 150 decrease 903-4610-410.60-31 Gas 3,500 decrease 903-4610-410.60-33 Materials & Supplies 14,000 decrease 903-4610-410.60-36 Uniforms 1,500 decrease 903-4610-410.60-57 Miscellaneous Expense 500 decrease 903-0000-356.11-01 HARTS 31,500 decrease 903-0000-356.11-02 Animal Control 7,980 decrease 903-0000-356.11-03 Tax 4,560 decrease 903-0000-356.11-04 Sheriff 327,488 decrease 903-0000-356.11-05 Jail 7,980 decrease 903-0000-356.11-06 Public Buildings 10,260 decrease 903-0000-356.11-07 Cooperative Extension 3,420 decrease 903-0000-356.11-08 Health 1,140 decrease 903-0000-356.11-09 Social Services 15,960 decrease 903-0000-356.11-10 Planning 12,540 decrease 903-0000-356.11-11 Public Utilities 91,200 decrease 903-0000-356.11-12 Solid Waste 9,120 decrease 903-0000-356.11-13 Parks & Recreation 3,420 decrease 903-0000-356.11-14 Youth Services 4,560 decrease 903-0000-356.11-15 Library 2,280 decrease 903-0000-356.11-16 Workforce Development 1,140 decrease 903-0000-356.11-17 IT 2,280 decrease 903-0000-356.11-18 Garage 3,420 decrease 903-0000 -356.11-19 EMS 21,660 decrease 903-0000 -356.11-20 Fire Marshal 11,400 decrease 903-0000-356.11 -21 E911 1,140 decrease 903-0000 -356.11-22 Town of Lillington 2,100 decrease 903-0000-356.11-23 HPE 225 decrease 442 General Fund Code 110-4610-410.11-00 Salaries & Wages 110-4610-410.11-11 Car Allowance 110-4610-410.12-00 Salaries & Wages - Part time 113,021 increase 240 increase 15,900 increase June 16, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 12 442 General Fund continued Code 110-4610-410.21-00 110-4610-410.21-04 110-4610-410.21-05 110-4610-410.22-00 110-4610-410.23-00 110-4610-410.25-10 110-4610-410.26-08 110-4610-410.30-04 110-4610-410.33-45 110-4610-410.41-11 110-4610-410.43-16 110-4610-410.43-21 110-4610-410.44-21 110-4610-410.55-12 110-4610-410.58-01 110-4610-410.60-31 110-4610-410.60-33 110-4610-410.60-36 110-4610-410.60-57 110-5100-420.43-21 110-5300-420.43-21 110-5400-420.43-21 110-5500-420.43-21 110-7200-465.43-21 110-7700-441.43-21 110-7930-441.43-21 110-7300-465.43-21 110-0000-356.11-11 110-0000-356.11-12 110-0000-356.11-16 110-0000-356.30-00 110-0000-356.41-10 Group Insurance Expense HAS Employee Clinic FICA Retirement Unemployment Benefits Worker's Compensation Professional Services Contracted Services 14,794 increase 800 increase 795 increase 9,745 increase 7,874 increase 1,277 increase 5,293 increase 4,400 increase 10,000 increase Telecommunication & Postage 1,000 increase Maintenance & Repair - Equipment 4,653 increase Maintenance & Repair - Auto 365,843 increase Building & Equipment Rent 551 increase Printing & Binding Training & Meetings Gas Materials & Supplies Uniforms Miscellaneous Expense Maintenance & Repair - Auto Maintenance & Repair - Auto Maintenance & Repair - Auto Maintenance & Repair - Auto Maintenance & Repair - Auto Maintenance & Repair - Auto Maintenance & Repair - Auto 150 increase 150 increase 3,500 increase 14,000 increase 1,500 increase 500 increase 200,000 decrease 7,500 decrease 72,714 decrease 6,000 decrease 10,000 decrease 16,000 decrease 1,658 decrease Maintenance & Repair - Auto 500 decrease Fleet Maintenance -Public Utilities 140,000 increase Fleet Maintenance - Solid Waste 1,600 increase Fleet Maintenance - Workforce Dev. 350 increase Insurance Claim 10,380 increase NCACC Group Benefit Pool 109,284 increase 457 Sheriff's Office Code 110-5100-420.43-21 Maintenance & Repair - Auto 110-0000-356.30-00 Insurance Claims 458 Cooperative Extension Code 110-7310-465.11-00 110-7310-465.22-00 110-7310-465.23-00 110-7310-465.26-08 110-7310-465.25-10 110-7310-465.21 -05 Salaries & Wages FICA Retirement Workman's Compensation Unemployment Employee Clinic 1,901 increase 1,901 increase 2,087 increase 160 increase 148 increase 46 increase 21 increase 13 increase June 16, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 3of12 458 Cooperative Extension continued Code 110-7310-465.21-00 Group Insurance 110-7310-465.58-14 Travel 110-0000-353.73-10 Parents As Teachers 459 Sheriffs Office Code 110-5102-420.11-13 110-5102-420.23-00 110-5102-420.33- 45 110-0000-334.51-02 461 Youth Services Code 110-7930-441.21-04 110-7930-441.22-00 110-7930-441.23-00 110-7930-441.25-10 110-7930-441.26-08 Salaries & Wages Part - time Regular Retirement Contracted Services Harnett CJPP HSA FICA Regular Retirement Unemployment Benefits Worker's Compensation 110-0000-399.00-00 Fund Balance Appropriated 462 Special Districts Fund Code 242-8005-420.82 -15 242-8007-420.82-15 242-8019-420.82-15 242-8021-420.82-15 242-8022-420.82-15 242-8024-420.82-15 242-8025-420.82-15 Benhaven Fire - Tax & Tags Black River Fire - Tax & Tags Spout Springs - Tax & Tags West Area - Tax & Tags Crains Creek - Tax & Tags Benson Banner - Tax & Tags Godwin Falcon - Tax & Tags 3 increase 22 increase 2,500 increase 2,000 increase 120 increase 15,889 increase 18,009 increase 94 decrease 433 decrease 93 increase 396 decrease 95 decrease 925 decrease 25,000 increase 25,000 increase 120,000 increase 25,000 increase 20,000 increase 20,000 increase 20,000 increase 242-8033-420.82-15 Summerville Bunnlevel-Tax&Tags 45,000 increase 242-8034-420.82-15 Flatwoods - Tax & Tags 100,000 increase 242-0000-311.10-01 Motor Vehicle - Tax & Tags tog. 400,000 increase 463 Sheriffs Execution Fund Code 252-0000-336.24-02 County Clerk of Court 252-0000-336.24-03 NC Department of Revenue 252-0000-351.51-02 Execution Sale 464 Debt Service Code 110-8702-470.87-25 110-0000-311.10-01 110-0000-389.50-00 110-0000-313.30-09 110-0000-399.00-00 465 Electronics Management Code Principal - 2012B QSCB Motor Vehicle HB 1779 Interfund Transfer - PU Medicaid Hold Harmless Fund Balance Appropriated 250-6600-461.35-56 Electronics Management 250-0000-336.25-01 Electronics Management 2,000 decrease 1,000 increase 1,000 increase 1,324,363 decrease 1,495,000 increase 2,000,000 decrease 59,834 increase 879,197 decrease 7,999 increase 7,999 increase June 16, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 12 466 Public Utilities Code 531-0000-340.20-10 Water Sales 531-0000-340.30-02 Sewer Tap on Fees 466 Public Utilities continued Code 531-0000-351.31-03 Communications Lease 531-0000-356.30-00 531-0000-356.53-05 531-0000-389.14-00 531-0000-399.00-00 467 Social Services Code 110-7710-441.80-85 110-7710-441.80-25 110-7710-441.89-50 110-0000-330.77-01 110-0000-330.77-08 110-0000-353.06-00 Insurance Claim Equipment Reimbursement Projects Fund Balance Appropriated Progress Energy — Neighbor Medical Transportation Elderly Assistance Donations Social Services Administration Medical Transportation Social Services Donations 468 Workers Compensation Fund Code 901-9801-410.32-90 Worker's Compensation 901-0000-353.98-01 Worker's Comp Dept Charge 901-0000-356.91-05 Excess Reimbursement 901-0000-356.90-02 Miscellaneous 469 Solid Waste Code 580-6600-461.11-00 580-0000-341.12-00 580-0000-341.13-00 580-0000-399.00-00 Salaries & Wages User Fees (household) Recycled Goods Fund Balance Appropriated 316,000 increase 21,000 increase 81,000 increase 50,000 increase 17,000 increase 150,000 increase 635,000 decrease 609 increase 40,000 increase 454 increase 609 increase 40,000 increase 454 increase 650,000 increase 313,000 increase 263,000 increase 74,000 increase 196,620 increase 228,000 increase 25,000 increase 56,380 decrease 3. Tax refunds, rebates and releases (Attachment 1) 4. Bond Order Authorizing the Issuance of $100,000,000 General Obligation School Bonds of the County of Harnett, North Carolina. 5. Resolution Regarding a Bond Order Authorizing the Issuance of $100,000,000 General Obligation School Bonds, Setting a Public Hearing Thereon and Directing Publication of a Notice of Said Public Hearing. (Attachment 2) 6. General Services requested approval of Resolution Authorizing Barry A. Blevins, Director of General Services, to Sign Community Development Block Grant Documents which would allow execution of any and all non -contract related documents as listed. (Attachment 3) June 16, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 12 7. Cooperative Extension requested permission to accept an $800 grant from the N.C. Department of Agriculture and Consumer Services for a Pesticide Container Recycling Program. 8. Cooperative Extension requested permission to accept $2,500 from a Harnett County Advisory Board member for the purpose of continuing the employment of the Parents As Teachers Coordinator position and the operation of the PAT Program from June 17th thru June 30th for as much time until funds are exhausted. 9. Finance Officer requested approval of the revised Travel Policy. 10. Finance Officer requested approval of the revised Leave Policy. 11. Finance Office, on behalf of EMS, requested adoption of resolution authorizing disposition of surplus ambulance chassis by the Harnett County EMS Department by private bid. The transmission is not working in the ambulance and it would cost approximately $800 to tow it back to Harnett County from the NC Mountains however there is an interested party that would like to purchase the chassis as is and where it is. (Attachment 4) Chailinan Miller opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. ■ Paul Long of 601 Old Buies Creek Road in Angier said we have a good county manager and he doesn't appreciate that we have two commissioners trying to tell him what to do. Mr. Long said the NC Senate sold out to the Locksmith Association and now school maintenance workers can no longer make keys but must hire someone else to make them. Mr. Long said HB 1108 was unconstitutional under the 14th amendment of the US Constitution and urged the Board to hire a constitutional lawyer and sue them to stop it. Mr. Long said we need money to run our schools, we can't operate this county without taxes, and said they need to do like Wake County who passed a good budget today. Mr. Long said we have commissioners who are working for special interest and are trying to form a totalitarian democracy. Last, Mr. Long said we need to have harmony on this Board. ■ Daniel Glover of Old Stage Road in Coats said the Constitutional Caucus of North Carolina read his article regarding HB 1108. Mr. Glover said the group reviewed the bill and feels like the rights of the people of Harnett County were unjust. He reported that the Constitutional Caucus sent a letter to Representative David Lewis and then read what he said was part of the letter as well as Representative Lewis's response. Mr. Glover said the County Board and School Board do not have a constitutional right; it is administered by the State, however the people do. Mr. Glover said David Lewis failed us and asked the Board to take legal action against HB 1108 and get it stopped. ■ Sharlene Jones of Old Buies Creek Road asked the Board to bump the tax rate up to at least 5.5 cents because there are things we need in this County and we are not going to have the money to do them. She said someone had suggested cutting the employee's salaries. Mrs. Jones said in order to get more money for the County we should raise the rec fees and capacity fees on builders. She said she was upset about HB 1108 and hoped June 16, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 6of12 it could be turned over so all board members have the right to vote. Mrs. Jones also said that Hitler never broke the law but he got someone else to break the law for him. She said there has been so much ugly done in this board room and at the State that she is ashamed to say she is a North Carolinian. Pastor Felton Smith, from the Riverside Community, said politicians are not doing what they are supposed to do; they are not going to change their minds so it is time for citizens of this county and the state to get into the communities and educate the people about the tyrants in office now. Pastor Smith said people need to get involved as it is our right to be righteously represented and the people have the power. There were no appointments. Mark Locklear, Director of Planning Services, petitioned the board for a public hearing on a proposed zoning change: Landowner/Applicant: Linda Marie Natole; 1.0 +/- acres; From RA - 20R to Commercial Intersection of Elliott Bridge Road and Bethel Baptist Road; Anderson Creek Township. Mr. Locklear noted the site is currently occupied by a building that has served many different uses and surrounding land uses include vacant farmland, low density residential, and a convenient store. Services available are public water and a private septic tank on site for the current structure. Mr. Locklear noted this all came about due to an existing violation of the U.D.O. for this property since a private club was being operated out of the existing structure but asked commissioners to please keep that separate as it is still being investigated and shouldn't be considered for this case tonight. Mr. Locklear reported that the Harnett County Planning Board, at their June 2, 2014 meeting, voted unanimously to recommend approval of this rezoning application based on the existing zoning compatibility to the surrounding properties. At the initial May meeting; when the applicant requested that the remainder of the hearing & vote be tabled until June 2 because there were only 3 members present, there were a few citizens that spoke in opposition, but their issues were related to the illegal business and not the actual rezoning of the land. Mr. Locklear stated if this rezoning application is approved, any business would be required to go through the development review process in order to become compliant. 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: The impact to the surrounding community is reasonable, as the requested zoning district is similar in nature to neighboring zoning. 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 Medium Density Residential. Medium Density Residential is meant to encourage stick built and manufactured residential development. However, since this parcel has sufficient access to 2 roads, as well as its location to existing commercially zoned property, staff would recommend that during a Land Use Plan update this area be revised to comply with existing uses. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning to Commercial would maintain the June 16, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 7 of 12 public health, safety 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. 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. Mr. Locklear noted the applicant was present. Commissioners asked what the property was going to be. Mr. Locklear said it would be best to ask the applicant but right now it is being investigated as a private club but was previously a repair shop. Mr. Locklear said if the rezoning is approved then it would be permitted by right for any use for commercial that is approved and permitted in commercial zoning. Mr. Locklear said if the property stayed as currently zoned, RA-20R, then uses as a private club or motorcycle repair shop could be obtained through a conditional use permit. Mr. Locklear said any commercial business in Harnett County goes through the Development Review Board (DRP) which is a board of county staff that looks at all the different issues they may have pertaining to their departments. He clarified that the applicant must still go through the permitting process for a conditional use application. He believes the intention of the owner in obtaining commercial zoning is to be able to move anything she would like on the site going forward. Mr. Locklear said the site was previously grandfathered in as a repair center but once the uses changed they must become compliant. Chairman Miller called to order a public hearing on the matter and opened the meeting for comments from the public. - Linda Natole, the applicant, spoke in favor of the rezoning. She said she plans to leave the property as is which she believes is currently a motorcycle repair shop. She reported the concertina wire on the fence has been removed. She said people were previously prepared to refute complaints of late night motorcycles associated with her property up and down the road at all hours but it was not her intention to allow such. Seeing no one else move, Chairman Miller closed the public hearing. Commissioner Hill moved to approve the rezoning as presented. Commissioners requested additional public comment. Vice Chairman House moved to reopen the public hearing. Commissioner Hill seconded the motion and the meeting was once again open for comments from the public regarding this rezoning. - Barbara Mills, 408 Mills House Lane, said she does not have a problem with the property being rezoned but she does have a problem with what it's being used for now. Mrs. Mills said she doesn't believe it is a motorcycle repair shop. She said activity there has significantly diminished since three weeks ago but prior to that the motorcycles went up and down the road spooking their horses, bothering their dogs and waking everyone up. She said there have been parties where cars line either side of the road and you could barely drive one car down the road. Mrs. Mills said it's not a problem with the property being zoned commercial, which she understands that is what this hearing is about, but June 16, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 8 of 12 with the use after that. She said the property is not big enough to run a motorcycle club out of. She said the existing fence is still not presentable. Mrs. Mills responded that everyone she has talked to is not happy with the current use. - Adam Repsik of 150 Boats Lane said he is a member of the motorcycle club being questioned and wanted to address some of the concerns they may have. He said the party that was mentioned was in March and was initially planned for approximately 20 to 30 people however approximately 250 to 300 people showed up unplanned. He said as far as motorcycles going up and down that road, he said he as seen many different people riding that road at all hours of the night not wearing their club stuff. He said they have not received any complaints, no one has talked to them and the Sheriff's Office has not been out there. He said they wear club stuff in plain view and are law-abiding in every way. He asked that people talk to them, tell them if they are doing something wrong or not doing something. Mr. Repsik responded that they are a motorcycle club, who currently occupies that building, and who also services their bikes. He said they also use the property to have parties which are open to the public with no membership requirement or fee. He said one of the times people complained that they were zooming up and down the road all night that his entire chapter was 150 miles away at a fundraiser. Mr. Repsik said they do allow alcohol on premises for people 21 years of age and over. Vice Chairman House said this property is in his district and this particular building is an eyesore; the fence looks bad and he has always wondered what was behind the razor wire and is glad it has been removed. He said has gotten some complaints about motorcycles on Bethel Baptist Road at 1:00 am and 2:00 am in the morning. He asked how Mrs. Mills how frequent this happens which she said prior to three weeks ago probably 4 to 5 times a week. Vice Chairman House said what has been described does not sound like a business but a hobby of fixing their own motorcycles. Mr. Repsik said it has potential to become a business and they are still working on the details. Mr. Locklear reported that a club is a use that is permitted under the commercial zoning districted and is permitted as a conditional use under the current zoning district. Mr. Locklear remind the Board the need to consider all uses that are allowed in the commercial category and cautioned them to move away from their current line of questioning. He did respond that if the rezoning was left as is the group could apply to the Board of Adjustment for a Conditional Use Permit to have a club there. - Paul Long said there is a lot of laws that can control what's going on there. He said there isn't a day or night that motorcycles don't cause his cows to run. He said the same thing goes for people playing boom boxes in their car that wake you up at night. Mr. Long told commissioners that weren't elect to tell us how to live. He said if there is a regulatory situation here they can deal with it as is or they can deal with it rezoned. Mr. Long said he is for the tax -payer property owner to have the freedom to prosper from their land. - Lisa Natole asked Commissioner House if he knew what that property looked like before she got it. When questioned about the razor -wire fencing, Mrs. Natole said her and her husband could not run a business from that property because they were broken into 20 times and said the Sheriff's Office could verify this. She said the fence may not be pretty but is very necessary. June 16, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 9 of 12 Seeing no one else move, Chairman Miller closed the public hearing. Commissioner Hill restated her motion to approve the rezoning as presented. Chairman Miller seconded the motion which failed 2 to 3. The group considered approval to amended offer of employment to Tommy R. Burns, County Manager. The amendment provides that if Mr. Burns' employment with County of Harnett is terminated by County of Harnett for any reason other than conviction of a felony or misdemeanor involving moral turpitude (including perjury), he will receive a minimum severance payment equal to (3) months gross salary to include accrued benefits. This severance payment will extend by one month per year of continuous service from the original date of hire, not to exceed a maximum of six months. All other terms of Mr. Burns' offer of employment remain the same, are ratified, and are in full effect. Commissioner Springle requested clarification of the additional wording included in the amended offer of employment as the group had only discussed severance. Mr. Burns said the additional wording should have actually been included in the original offer. Commissioner Springle moved to approve the amended offer of employment to County Manager Tommy R. Burns as presented. Commissioner Burgin seconded the motion which passed unanimously. Mark Locklear, Director of Planning Services, petitioned the board for a public hearing on a proposed zoning change: Landowner/Applicant: Willie Brinkley, Sam Brinkley, Katherleen B. Thomas & Heirs/Spout Springs Retail Investment, LLC; 47.91 +/- acres; From RA -20R to Commercial; Hwy 24/87; Anderson Creek Township. Mr. Locklear noted the site is currently vacant, except for a residential structure located on Parcel #1 — the parcels are across from Brinkley Hill Lane. Surrounding land uses are single family residential homes & residential subdivision, a variety of commercial development in close proximity, as well as undeveloped land. Mr. Locklear noted services available for the site are public water and public sewer with an annual daily traffic count of 34,000 trips per day on the Hwy 87 corridor with good site distances. As required for all zoning changes within a five mile radius of Fort Bragg, the Regional Land Use Advisory Commission was contacted. Mr. Locklear reported that the Harnett County Planning Board, at their June 2, 2014 meeting, voted unanimously to recommend approval of this rezoning application based on the existing zoning compatibility to the surrounding properties. Mr. Locklear also noted the applicants were present. 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 steady pace. The requested zoning change to Commercial will not have a negative impact on the surrounding properties or the community as it is similar in nature to certain existing zoning districts in the area. 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 June 16, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 10 of 12 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, safety and general welfare. This request is NOT for a SMALL SCALE REZONING and should not be evaluated for reasonableness. REASONING: This request does not need to be evaluated for a small scale rezoning, due to the property's size. 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 Miller called to order a public hearing on the matter and opened the meeting for comments from the public. - Erwin McNeill of 6 Longleaf Circle in Cameron said he was speaking on behalf of approximately 50 heirs who are 100% percent in favor of this rezoning. Seeing no one else move, Chairman Miller closed the public hearing. Commissioner Burgin moved to approve the rezoning as presented. Commissioner Springle seconded the motion which passed unanimously. Mr. Burns presented the following reports: - Community Development Monthly Performance Report — June 2014 - Planning Services Report — May 2014 - Veterans Affairs Activities Report — May 2014 - Department of Public Health Activities Summary — May 2014 - Interdepartmental Budget Amendments - Harnett County Schools Current Expense Financial Statement - Southeastern Economic Development Commission Financial Statements Commissioners Burgin and Springle requested Mrs. Honeycutt to get clarification and additional information regarding the Harnett County Schools Current Expense Financial Statement. The group continued to discuss the statements provided. There was no new business. Commissioner Hill moved that the Board go into closed session to consult with the County legal staff in order to preserve the attorney-client privilege concerning the handling of a certain claim. This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(3). Commissioner Burgin seconded the motion which passed unanimously. Commissioner Springle moved that the Board come out of closed session. Commissioner Burgin seconded the motion which passed unanimously. June 16, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 11 of 12 Commissioner Burgin mentioned that Duke Energy and Piedmont Gas are talking to Spectra Energy about running a natural gas line across seven North Carolina counties of which Harnett County is one of them. Commissioner Burgin said we should talk to them about the rest of Harnett County and see if there are some other things we can do. Staff noted that they were aware of the project and had recently received a package of information that they will share with commissioners. Commissioner Burgin moved to adjourn the meeting at 8:21pm. Commissioner Hill seconded the motion which passed unanimously. 01111111 GpM,M�, et Regina(Vheeler, Clerk June 16, 2014, Regular Meeting Minutes Harnett County Board of Commissioners Page 12 of 12 ATTACHMENT 1 'Approved by the Har nett t"o:inty Board of Comm;raionert Date : 06116/2014 TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES Approved By : 11 L Ac C - BAGLEY, CHARLES GREGORY L, BAGLEY LISA 2 BASS, CARRIE MCLEAN 3 MCCLOSKEY, JAMES E IV 4 MCCLOSKEY, JAMES E IV 5 MCCLOSKEY, JAMES E IV 6 MCCLOSKEY, JAMES E IV 7 MCCLOSKEY, JAMES EUGENE 8 MCCLOSKEY, JAMES EUGENE 9 MCCLOSKEY, JAMES EUGENE IV 10 MCCLOSKEY, JAMES EUGENE IV 11 MCCLOSKEY, JAMES EUGENE IV 12 MCCLOSKEY, JAMES EUGENE IV 13 MCCLOSKEY, JAMES EUGENE IV 14 MCCLOSKEY, JAMES EUGENE IV 15 MCCLOSKEY, JAMES EUGENE IV 0001012908- 2013- 2013- 000000 0000003627- 2013- 2013- 000000 0001668227- 2009- 2009- 000000 0001777975- 2010- 2010- 000000 0001777975-2011-2011-000000 0001777975- 2012- 2012- 000000 0002105384-2013-2013-000000 0002110624- 2013- 2013- 000000 0001757648- 2009- 2009- 000000 0001859655-2010-2010-000000 0001859655- 2011- 2011- 000000 0001859655- 2012- 2012- 000000 0001876256- 2010- 2010- 000000 0001876256- 2011- 2011- 000000 0001876256- 2012- 2012- 000000 City 0.00 County 196.22 City 0.00 County 127.16 City 0.00 County 84.64 City 0.00 County 53.54 City 0.00 County 50.08 City 0.00 County 49.42 City 0.00 County 72.07 City 0.00 County 187.44 City 0.00 County 129.13 City 0.00 County 12.13 City 0.00 County 11.06 City 0.00 County 10.55 City 0.00 County 114.52 City 0.00 County 111.79 City 0.00 County 107.68 Re -billed to include house and 196.22 Refund recycle fee 127.97 Refund 84.64 Refund 53.54 Refund 50.08 Refund 49.42 Refund 72.07 Refund 187.44 Refund 129.13 Refund 12.13 Refund 11.06 Refund 10.55 Refund 114.52 Refund 111.79 Refund 107.68 Refund Value Decrease Military Exemption Military Exemption Military Exemption Military Exemption Military Exemption Military Exemption Military Exemption Military Exemption Military Exemption Military Exemption Military Exemption Military Exemption Military Exemption 16 MCCLOSKEY,MARYANN 17 MCCLOSKEY,MARYANN 18 STOKES, KENNETH RAY JR 19 THE LOVE CENTER OF DUNN S. KEITH FAULKNER Revenue Administrator CC: S. KEITH FAULKNER 0001889976-2011-2010-000000 0001889976- 2011- 2011- 000000 0002090602- 2013- 2013- 000000 0002107621- 2013- 2013- 000000 City 0.00 County 3.30 City 0.00 County 3.11 City 0.00 County 165.08 City(C105) 54.36 County 79.55 City Total County Total Total to be Refunded 3.30 Refund Military Exemption 3.11 Refund 165.08 Refund 133.91 Refund 54.36 1,568.47 1,622.83 Military Exemption Military Exemption Religious Exemption Approved by zhe taalett r`•o:,nty Board cif Commtssfonet} Ita Date : 06/16/2014 TO : HARNETT COUNTY BOARD OF COMMISSIONERS Approved By: (' AOC ' -/6 -/1-7 7 RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES 1 CENTRAL CAROLINA HOLDINGS LLC 1616 MCKOY TOWN ROAD CAMERON NC 283260000 CAMERON NC, 28326 - 0000 S. KEITH FAULKNER Revenue Administrator CC: S. KEITH FAULKNER 0001556813-2012-2012- City 110000 0.00 County 15,840.51 Released in order to re - bill; funds will 15,840.51 Refund be applied to corrected bill City Total 0.00 County Total 15,840.51 Total to be 15,840.51 Refunded ATTACHMENT 2 EXTRACT FROM MINUTES OF BOARD OF COMMISSIONERS A regular meeting of the Board of Commissioners of the County of Harnett, North Carolina (the "Board") was held at the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, at 7:00 p.m. on June 16, 2014 (the "Meeting"), after proper notice, and was called to order by Chairman Joe Miller, and upon the roll being called, the following members of the Board answered present: Joe Miller, Chairman Gary House, Vice Chairman Jim Burgin, Commissioner Beatrice B. Hill, Commissioner Gordon Springle, Commissioner The following members of the Board were absent: N/A Also present: Tommy Burns, County Manager Joseph Jeffries, Deputy County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Commissioner Springle introduced the following resolution (the "Resolution"), a summary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board of Commissioners and which was read by title: RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA REGARDING A BOND ORDER AUTHORIZING THE ISSUANCE OF $100,000,000 GENERAL OBLIGATION SCHOOL BONDS, SETTING A PUBLIC HEARING THEREON AND DIRECTING PUBLICATION OF A NOTICE OF SAID PUBLIC HEARING WHEREAS, a bond order entitled: "BOND ORDER AUTHORIZING THE ISSUANCE OF $100,000,000 GENERAL OBLIGATION SCHOOL BONDS OF THE COUNTY OF HARNETT, NORTH CAROLINA;" has been introduced at a meeting of the Board of Commissioners (the "Board") of the County of Harnett, North Carolina this 16th day of June, 2014; and WHEREAS, the Board desires to provide for the holding of a public hearing thereon on July 21, 2014 and the submission of a statement of debt in connection therewith as required by The Local Government Bond Act. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA that the public hearing on said bond order shall be held on the 21s1 day of July, 2014 at 7:00 p.m. at the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina. BE IT FURTHER RESOLVED that the Clerk to the Board is hereby directed to cause a copy of said bond order to be published with a notice of such hearing in the form prescribed by law in the Dunn Daily Record on or before the 11 `h day of July, 2014. BE IT FURTHER RESOLVED that the Finance Officer is hereby directed to file prior to publication of the bond order with the notice of such public hearing, a statement setting forth the debt incurred or to be incurred, the net debt of the County, the assessed value of property subject to taxation by the County and the percentage that net debt of the County bears to the assessed value of property subject to taxation. BE IT FURTHER RESOLVED that this Resolution shall become effective on the date of its adoption. Upon motion of Commissioner Springle, seconded by Vice Chairman House, the foregoing resolution entitled: "RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA REGARDING A BOND ORDER AUTHORIZING THE ISSUANCE OF $100,000,000 GENERAL OBLIGATION SCHOOL BONDS, SETTING A PUBLIC HEARING THEREON AND DIRECTING PUBLICATION OF A NOTICE OF SAID PUBLIC HEARING" was adopted by the following vote: AYES: 5 NAYS: 0 PASSED, ADOPTED AND APPROVED this 16"' day of June, 2014. STATE OF NORTH CAROLINA COUNTY OF HARNETT ) ) ) SS: I, Margaret Regina Wheeler, Clerk to the Board of Commissioners of the County of Harnett, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a Resolution entitled, "RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA REGARDING A BOND ORDER AUTHORIZING THE ISSUANCE OF $100,000,000 GENERAL OBLIGATION SCHOOL BONDS, SETTING A PUBLIC HEARING THEREON AND DIRECTING PUBLICATION OF A NOTICE OF SAID PUBLIC HEARING" adopted by the Board of Commissioners of the County of Harnett, North Carolina, in regular session convened on the 16`' day of June, 2014. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 16`'' day of July, 2014. the Board Commissioners ATTACHMENT 3 COUNTY OF HARNETT 2011 COMMUNITY DEVELOPMENT PROGRAM RESOLUTION AUTHORIZING BARRY A BLEVINS, DIRECTOR OF GENERAL SERVICES, TO SIGN COMMUNITY DEVELOPMENT BLOCK GRANT DOCUMENTS Be it Resolved by the Board of Commissioners of the County of Harnett, North Carolina, that: WHEREAS, the County is participating in the 2011 Community Development Block Grant Program under the Housing and Community Development Act of 1974, as amended, administered by the North Carolina Department of Commerce; WHEREAS, the following documents are required under this program; • Fair Housing Plan • Equal Employment and Procurement Plan • Local Economic Benefit for Low and Very Low Income Persons Plan • Section 504 • Citizens Participation Plan • Residential Anti -Displacement and Relocation Assistance Plan • Optional Coverage Relocation Plan • Code of Conduct/Hatch Act Policy/Section 519 • Acquisition Guidelines • Disposition Guidelines • Relocation Guidelines • Clearance Guidelines • Rehabilitation Guidelines • Rehabilitation/Reconstruction Guidelines • Hook Up Guidelines • Public Facility Guidelines • Complaint Procedures • Contracts Officer Designation • Labor Standards Officer Designation • Verification Officer Designation • Just Compensation Officer Designation • Financial Management Procedure THAT, Barry A. Blevins, Director of General Services, is hereby authorized to execute any and all non -contract related documents as listed above. Adopted this 14 day of ttttrrrr ATTEST: u.CL� Marga et Regina W "eeler, Clerk to the Board G© , 201 Joe Miller, C airman ATTACHMENT 4 HARNETT COUNTY NORTH CAROLINA RESOLUTION THAT WHEREAS, The property listed below has a value less than $30,000; and WHEREAS, G.S. 160A-266 and G.S. 160A-270 (b) permits the sale of personal property by private sale upon authorization by the Board of Commissioners at a regular meeting and notice to the public; NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS THAT: A. The following described property be and it is hereby declared surplus property; and B. Kimberly A Honeycutt, Finance Officer, be and is hereby authorized to sell the following described property by private sale 2003 E-450 Ford Ambulance Chassis Serial # 1FDXE45F83HA46147 Duly adopted this 16th day of June, 2014. ATTEST: g,,_863/4_41L- Margjret Regina HARNETT COUNTY BOARD OF COMMISSIONERS Joe Mil r, Chairman Harnett County Board of Commissioners `jSiliP�lrYtS%r `tip, /4/SS�P� 1t / mQ.t heeler, Clerk to the Board:'.7.-A;(se • • �� /111)111111