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011717mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting January 17, 2017 The Harnett County Board of Commissioners met in regular session on Tuesday, January 17, 2017, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Gordon Springle, Chairman Joe Miller, Vice Chairman Barbara McKoy, Commissioner Howard Penny, Commissioner Abe Elmore, Commissioner (arrived late) Joseph Jeffries, County Manager Paula Stewart, Deputy County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Chairman Springle called the meeting to order at 7:00 pm. Commissioner Penny led the Pledge of Allegiance and invocation. Chairman Springle called for additions and deletions to the published agenda. Mr. Jeffries requested the addition of an update on Harnett County roads by NC Department of Transportation (NCDOT). Commissioner McKoy moved to approve the agenda as amended. Commissioner Penny seconded the motion which passed 4 - 0. Vice Chairman Miller moved to approve the following items listed on the consent agenda. Commissioner Penny seconded the motion which passed 4 - 0. 1. Minutes: January 3, 2017 Regular Meeting 2. Budget Amendments: 229 Medical Insurance Retiree fund Code 908-9802-410.21-06 Payment of Claims 908-9802-410-21-09 Medical Supplement 908-0000-353.98-10 Group Insurance Retirees 230 Health Department Code 110-7600-441.60-46 Medical Supplies 110-0000-331.76-14 Maternal Health 200 increase 120,000 increase 320,000 increase 428 increase 428 increase January 17, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 6 232 Sheriff Department Code 110-5100-420.30-04 Professional Services 110-0000-399-00-00 Fund Balance Appropriated 236 Sheriff Department Code 110-5100-420-11-00 Salaries & Wages 110-8701-490-90-68 Interfund Transfer Special Revenue 237 Emergency Services Code 110-5400-420.11-00 Salaries & Wages 110-0000-399.00-00 Fund Balance Appropriated 238 IT Department Code 110-4900-410.44-21 Building Equipment Rent 110-0000-322.49-02 Town of Erwin 110-0000-322-49-03 Town of Dunn 239 EMS Department Code 192-5400-420.74-74 Capital Outlay Equipment EMS 192-0000-356.30-00 Reimbursement ESVCS Claims 240 Emergency Medical Services Department Code 110-5400-420.43-16 Maintenance & Repair— Equipment 110-0000-356.30-00 Reimb. /General Fund Insurance Claims 3. Tax rebates, refunds and releases (Attachment 1) 30,000 increase 30,000 increase 94,567 decrease 94,567 increase 220,160 increase 220,160 increase 8,550 increase 4,275 increase 4,275 increase 29,380 increase 29,380 increase 7,940 increase 7,940 increase 4. Proclamation Congratulating Coble Ski School on Its Continued Success and Accomplishments in Harnett County. 5. Emergency Services, on behalf of Angier & Black River Fire Department, requested approval to reallocate $40,000 in capital outlay in their current budget for hydrant installation to purchase new vehicle extrication equipment to replace outdated equipment. 6. Emergency Services, on behalf of Spout Springs Emergency Services, requested approval to use $27,000 out of their savings to purchase a new 2017 Ford F-250 4x4 for $42,500 to replace a 1999 Chevrolet Tahoe. 7. Resolution of the Harnett County Board of Commissioners to Accept a Gift of Real Property from Gleneagles Owners Association, Inc. and Wellons Realty, Inc. (Attachment 2) 8. 2017 Boards and Committees on Which Commissioners Serve January 17, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 6 9. General Services, Harnett Area Rural Transit System (HARTS), requested adoption of the NCDOT/PTD Designee Certification Resolution that authorizes the County of Harnett to apply for 5311 federal grant funding for FY2018-2022. 10. General Services, HARTS, requested approval of the NCDOT/PTD Certification and Restrictions on Lobbying which is additional documentation distributed by NCDOT/PTD to certify federal/state funds will be distributed appropriately. 11. General Services, HARTS, requested approval of the NCDOT/PTD Special Section 5333(B) Warranty that describes the Non -urbanized general application for FY18 grant funding and terms and conditions associated with FY 2018 grant. 12. Administration requested approval of the Records Retention and Disposition Schedule — County Management — April 15, 2013, including amendments; issued by the N.C. Department of Cultural Resources, Division of Archives and Records, State Archives of NC. Chairman Springle presented Gary and Shirley Coble with a proclamation congratulating Coble Ski School on its continued success and accomplishments in Harnett County. Chairman Springle opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. - Cris Nystrom of 391 Center Lane in Bunnlevel addressed the group. NCDOT District Engineer Richie Hines noted over 800 damaged sites in Division 6 from Hurricane Matthews; approximately 100 of those sites are in Harnett County. He said NCDOT has worked diligently to address those sites with only 12 roads remaining closed in the county. Mr. Hines noted each damaged site required an assessment with the more complex sites requiring surveys. He said they are also discovering that many pipes are currently undersized requiring data from their hydraulics unit. Based on projections five roads will open in March, one in April and the remaining six in May or June. Commissioner Elmore joined the meeting. Mr. Hines responded to questions from commissioners regarding specific roads in their districts. He will provide the board and staff with a list of roads and projected completion dates. Vice Chairman Miller moved to approve the appointments listed below. Commissioner Elmore seconded the motion which passed unanimously. CCCC Board of Trustees Jim Burgin (nominated by Vice Chairman Miller) was reappointed to continue to serve on this board until June 30, 2017. January 17, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 6 Harnett County Airport Committee Joe Tart (nominated by Vice Chairman Miller) was granted a waiver of term limits and was reappointed, District 2, for a term of four years ending December 31, 2020. Matt Braswell, CPA with Martin, Starnes & Associates, presented the County Audit for the Fiscal Year Ending 2016. Mr. Braswell said they issued an unmodified opinion which means it was a clean opinion; that all of the financial statements they see are materially correct and in conformity with Generally Accepted Accounting Principles and Government Auditing Standards. He noted county staff was very nice and cooperative during the audit process. Mr. Braswell reviewed the general fund summary noting increases in revenues and expenditures in 2016 with revenues exceeding expenditures by roughly $5.5 Million. He reported the increase in the unassigned fund balance was $6,894,585. The unassigned fund balance as a percent of expenditures in the general fund is 23.4% in 2016; the LGC suggests 8%. Mr. Braswell went through the top three revenue sources: property tax, restricted intergovernmental and other taxes & licenses. Expenses included human services, education and public safety. The Water & Sewer Fund's unrestricted net position was $41,727,552. The Solid Waste Fund's unrestricted net position was $153,922. Jay Sikes, Director of Planning Services, petitioned the Board for a public hearing regarding a proposed Text Amendment: Wall signs; Harnett County Unified Development Ordinance, Article VII (Development Design Guidelines), Section 10.9 (Signs that Require a Permit); ability to add a 2nd wall sign to a multi -tenant unit (strip mall type complexes); this would be a side wall sign, or rear sign. Mr. Sikes noted that on January 3, 2017, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of application based on compatibility with existing standards within the Unified Development Ordinance. Mr. Sikes stated staff concludes that the requested text amendment is compatible with Harnett County regulatory documents, and the benefits outweigh any potential inconvenience or harm to the community, particularly since the maximum size requirement will be maintained therefore it is recommended that this text amendment request be amended. Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman Springle closed the public hearing. Commissioner Elmore moved to approve the text amendment as presented. Vice Chairman Miller seconded the motion which passed unanimously. (Attachment 3) Mr. Sikes petitioned the Board for a public hearing regarding a proposed zoning change: Case # RZ-16-481, Applicant: William "Bud" M. Bethune / Jonathan Bethune, .68 +/- acres (out of a 1.16 -acre parcel); Pin #0566-46-9354; From RA -20M to Commercial; Hwy 401 South; Stewart's Creek Township. Jan»ary 17, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 6 Mr. Sikes said this is currently a split -zoned parcel with several uses. The whole parcel is currently occupied by a manufactured home park (to be on its own lot), a small grill/diner, and wholesale car storage lot. The latter of two are on this site, which is proposed to be on their own commercially zoned parcel. Surrounding land uses consist of single family residences, and several nonresidential/commercial type uses. Harnett County public water and sewer are available. Mr. Sikes stated staff s 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 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 existing zoning districts & uses 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 a Rural Center development node. Rural Center development nodes are "small scale commercial centers". The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested rezoning to Commercial, whose intent is to promote the development of business and institutional uses, would enhance or maintain the public health, safety, and general welfare due to the neighboring Commercial zoned parcels. This request NOT for a SMALL SCALE REZONING and should NOT be evaluated for reasonableness. REASONING: The subject area is immediately adjacent to Commercial zoning therefore this application does not need to be evaluated for a Small Scale Rezoning. 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 for the reasons stated in the evaluation. It is recommended that this rezoning request be approved. Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman Springle closed the public hearing. Commissioner McKoy moved to approve the proposed rezoning as presented. Commissioner Elmore seconded the motion which passed unanimously. Mr. Jeffries petitioned the Board for a public hearing regarding the proposals to purchase Harnett County Home Health. The four proposals received were made available for public inspection on weekdays during normal business hours in the County Manager's Office. Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman Springle closed the public hearing. There was no need for closed session. January 17, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 6 Mr. Jeffries presented the following reports: Veteran Services Activities Report — December 2016 Public Health Activities Summary — December 2016 Interdepartmental Budget Amendments Chairman Springle called for any new business. Chairman Springle announce that Matthew Aaron Meredith, a Harnett County Deputy, had recently been appointed by Governor Pat McCrory to serve as a member of the North Carolina Local Governmental Employees' Retirement System Board of Trustees. Chairman Springle reminded the group of the upcoming Local Government Association meeting on January 30, 2017 at the Brass Lantern in Dunn. Commissioner Elmore moved to adjourn the meeting at 7:53 pm. Vice Chairman Miller seconded the motion which passed unanimously. Go on Springl W -(`4'21e4 art Regina eeler, Clerk January 17, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 6 ATTACHMENT 1 a a N 0J c a a' V C Sr" 4` IT OC m Z 4.1 C C C C C C C C C C Z C C LIJI.A.11.1.11.11.1.IL/11.11144.1 w iL6 Ei wtic • 9O Oo $O �O SS8$So �OOY M—. d cu toW M C D . ri eti e -f rl r/ C Oo i 0 0o0ye iN N NN N N M a ...b'., 0 r•-1 N N N ` 0 0 0 0 0 0 0 0 0 3i ( .E' N N N N N N N N N N '' C . N CO t7 N 00 00 00 00 00 M i> >+ t y eCO v n n n Cr .. : a 0 .0 M C V O rr� m to to to CO • a Em�HflHfl mtOtDoc izt tw.v�� z'SS5�o o o OO § 0 0 0 0 0 r0 • C., O C C ▪ O N LL O C O .p 7 t 0:? z3 EW x a N O rni CU C O C C C C w w O D CC c E a E E E<< Z a m O 0 v ¢ '^ ,� v, ,n ,n 1O O O i0 r0 (0 m ai x u 3 E v a o a a a`, __ O O h CC a K in a a a a>> Refund Amount Received Amount ZIEGLER, WENDELL LENTON J J 0 0 J - J 00 0 ¢ ¢ CC CZ 00 On BROADWELL, COY L BROADWELL, COY L BROADWELL, COY L o6n u7 1.n m m 0 O O T C s 4--1 rr u1 O w.Oor. NI O o0 00 N n ri m 0i M M M n0'1 M to to V/ N N N Vf BROWN, JOANNE BROWN, JOANNE O O O 0 Vf to FIFER, MICHAEL STEVENS JOSPEH, LANAIR HUSHEIN JOSEPH, LANAIR HUSHEIN THOMAS, DONALD MILTON w Ln 0 0 M - • to Vf M O IA,3ga0-00r— �aNC�n� �� Oori0r; �,LAal m ,y N 0 .N -I IN N N N N K7 01 lD 0 M 0 al H Vl Nri e••• . .-Y .. N N Vf 00 VT V1 V) to to V! VL to to V1 to V1 ATI ALri1V1L1" 1 1 9 0 0001928494-2016-2016-00 0001701415-2014-2014-0000- 0001701415-2015-2015-0000-00 0002252728-2016-2016-0000-00 0001984187-2013-2013-0000-00 0001984187-2012-2012-0000-00 SS er er 0001098746-2016-2016-0000-00 IND Adjustment S. Keith Faulkner Tax Administrator ATTACHMENT 2 RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS TO ACCEPT A GIFT OF REAL PROPERTY FROM GLENEAGLES OWNERS ASSOCIATION, INC. AND WELLONS REALTY, INC. WHEREAS, the County of Harnett, North Carolina (the "County") is a valid existing political subdivision of the State of North Carolina, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina; and WHEREAS, under the General Statutes and the common law, counties may acquire real property by gift or donation; and WHEREAS, Gleneagles Owners Association, Inc. and Wellons Realty, Inc. are the owners of a real property tract composed of approximately 1.94 acres which is located in Averasboro Township in Harnett County contiguous to the North Carolina Rail Trail as it extends from the City of Dunn to the Town of Erwin; that these contributors desire to donate this real property tract to the County as a charitable gift, and the County has determined that the acceptance of this gift would be advantageous to the County and a great benefit to the citizens of Harnett County. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS AS FOLLOWS: 1. That the Board of Commissioners does hereby approve the acceptance of that General Warranty Deed charitable gift from the Gleneagles Owners Association, Inc. and Wellons Realty, Inc. as shown on the attached Exhibit "A." 2. That the Board of Commissioners on behalf of all the citizens of Harnett County hereby extends its heartfelt thanks to the Gleneagles Owners Association, Inc. and Wellons Realty, Inc. for this generous and benevolent real property gift. 3. The Harnett County Attorney and County staff are hereby authorized and directed to prepare and record the necessary documents to effectuate the County' s acceptance of this real property gift conveyance. Duly adopted this the 17th day of January, 2017. Gor on SpriIV , hai �: n Harnett County oard o Commissioners STATE OF NORTH CAROLINA COUNTY OF HARNETT 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 HARNETT COUNTY BOARD OF COMMISSIONERS TO ACCEPT A GIFT OF REAL PROPERTY FROM GLENEAGLES OWNERS ASSOCIATION, INC. AND WELLONS REALTY, INC." adopted by the Board of Commissioners of the County of Harnett, North Carolina at a meeting held on the 17th day of January, 2017. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 17th day of January, 2017. rte MAR RET REGIA WHEELER C1er the Board Coun y of Harnett, North Carolina EXHIBIT "A" Prepared by and mail to: Attorney Dwight W. Snow, P.O. Box 397, Dunn, NC 28335 EXCISE TAX: $-0- GIFT PIN Nos.: Portion of 1517-03-1924.000 and 1507-94-7323.00 NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this fir% day of January, 2017, by and between GLENEAGLES OWNERS ASSOCIATION, INC. and WELLONS REALTY, INC., of P.O. Box 730, Dunn, N.C. 28335, hereinafter called GRANTOR, to COUNTY OF HARNETT, a political subdivision of the State of North Carolina, of 102 Front St., Lillington, N.C. 27546, hereinafter called GRANTEE. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine or feminine as required by context. WITNESSETH: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does hereby gift, grant, bargain, and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Averasboro Township, Harnett County, North Carolina and more particularly described as follows: SEE ATTACHED EXHIBIT "A" FOR REAL PROPERTY LEGAL DESCRIPTION All or a portion of the property herein conveyed does not include the primary residence of a Grantor. (N.C. Gen. Stat. §105-317.2). The property hereinabove described was acquired by Grantors by instruments recorded in Book 2703, Page 991 and Book 2458, Page 178, Harnett County Registry. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantors covenant with the Grantee, that Grantors are seized of the premises in fee simple, have the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: SEE ATTACHED EXHIBIT "B "FOR TITLE EXCEPTIONS IN WITNESS WHEREOF, the Grantors have caused this instrument to be signed in their corporate names by their duly authorized officers by authority of their Boards of Directors the day and year first above written. GLENEAGLES OWNERS ASSOCIATION, INC. By: Robert P. Wellons, President WELLONS REALTY, INC. By: 2 Robert P. Wellons, President NORTH CAROLINA HARNETT COUNTY I, a Notary Public, certify that Robert P. Wellons, personally came before me this day and acknowledged that he is President of Gleneagles Owners Association, Inc., a corporation, and that he, as President being authorized to do so, executed the foregoing on behalf of the corporation. Witness my hand and official seal, this the day of January, 2017. Notary Public My commission Expires: NORTH CAROLINA HARNETT COUNTY I, a Notary Public, certify that Robert P. Wellons, personally came before me this day and acknowledged that he is President of Wellons Realty, Inc., a corporation, and that he, as President being authorized to do so, executed the foregoing on behalf of the corporation. Witness my hand and official seal, this the day of January, 2017. Notary Public My Commission Expires: 3 EXHIBIT "A" REAL PROPERTY LEGAL DESCRIPTION BEING all of that recombined 1.94 acre tract as shown on that map dated June 4, 2016 by Ronnie E. Jordan, PLS which is recorded in Map Book 2016, Pages 358-359, Harnett County Registry. EXHIBIT "B" TITLE EXCEPTIONS 1) Utility easements of record including but not limited to that Communication Systems Right of Way and Easement recorded in Book 1642, Page 414, Harnett County Registry. 2) Roadways and rights of way of record and those visible by an inspection of the property including but not limited to N. Powell Avenue, Ashe Avenue and the North Carolina Rail Trail. 3) Such facts that an environmental study on the subject property by an environmental engineer would reveal. 4) Such facts that are disclosed by that survey map recorded in Map Book 2016, Pages 358- 359, Harnett County Registry. 5) Any government regulations concerning any portion of the subject property located in the FEMA Flood Area Zone AE. 6) Local government zoning/planning regulations. 7) 2017 ad valorem taxes, if any, which will be the responsibility of the Grantee to pay when due. ATTACHMENT 3 Harnett COUNTY NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE www.harnett.org WHEREAS, the Board of Commissioners of Harnett County adopted the UDO on October 17, 2011 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A-340; and WHEREAS, the UDO contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to the article of the UDO as listed below and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Article VII "Development Design Guidelines", Section 10.9 "Signs that Require a Permit" of the UDO shall be amended to read as indicated in "Attachment". "Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board's Office. Duly adopted this 17th day of January, 2017 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS on Sprin (ir, ai Margret ReginJWheeler, Clerk to the Board strong roots • new growth ATTACHMENT A ADD the following to: Article VII DEVELOPMENT DESIGN GUIDELINES, Section 10.0 SIGN REQUIREMENTS 10.9 Signs that Require a Permit Signs shall be permitted on the premises of the business, institution, or subdivision in districts in which the principal use is permitted and in districts in which the principal use is conditional. All business signs shall be subject to the following limitations: A. Business signs shall not project more than one (1) foot from any building wall or canopy. B. If suspended from a canopy, the sign shall be at least eight (8) feet above the sidewalk, pavement, or ground level. C. Maximum display area, number, and height requirements for ground and wall signs are as follows: Max # of walls withStreet signs Maximum signs per Maximum area Maximum Mm distance between sign type on same property Notes Frontage Project _ Project <_ one acre Project > one acre' ght SINGLE TENANT 1 Ground 1 2 100 sq. ft / side 150 sq. ft. / side 15 ft.* 300 ft *Required monument signs shall have a max. height of 12 ft. Wall 3 sq. ft. = Total linear ft. of mounting wall sq. ft. = Total linear ft. of mounting wall MULTI -TENANT & SHOPPING COMPLEX Ground 1 2 150 sq. ft / side OR sq. ft. = Total linear ft. of mounting wall 200 sq. ft / side OR sq. ft. = Total linear ft. of mounting wall 15 0. 300 ft Directory 1 20 sq. ft. / side 20 sq. ft. / side 5 0. 50 ft. Located at interior intersections only Wall 2># sq. ft. = Total linear ft of mounting wall sq. ft. = Total linear ft. of mounting wall Applies to each tenant of complex *All side wall signs shall be no larger than 50% of allowable maximum sign area. #One sign per wall, maximum of 2 wall signs, including a front, rear, or side if applicable OFFICE BUILDINGS Ground 1 2 100 sq. ft. / side 150 sq. ft / side 15 ft. 300 ft. Wall ; sq. ft. = Total linear ft. of mounting wall sq. ft. = Total linear ft of mounting wall