051517mHARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
May 15, 2017
The Harnett County Board of Commissioners met in regular session on Monday, May 15, 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
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 9:00 am. Commissioner McKoy led the Pledge
of Allegiance and invocation.
Chairman Springle called for additions and deletions to the published agenda. Clem Medley will
be considered for reappointed to serve on the CCCC Board of Trustees under Appointments.
Vice Chairman Miller moved to approve the agenda as amended. Commissioner Penny
seconded the motion, which passed unanimously.
Commissioner Elmore moved to approve the following items listed on the consent agenda.
Commissioner McKoy seconded the motion, which passed unanimously.
1. Minutes: May 1, 2017 Regular Meeting
May 1, 2017 Work Session
2. Budget Amendments
424 General Fund
Code 110-0000-389.43-26
110-0000-389.43.27
110-0000-389.43-28
425 Jetport
Code 110-0000-331.83-12
110-0000-389.71-00
Sales Tax Expansion EDUC
Sales Tax Expansion EDC
Sales Tax Expansion CC
NCDOT Jetport Windcones
Capital Reserve
1,266,388 decrease
1,107,611 increase
158,777 increase
2,746 decrease
2,746 increase
May 15, 2017 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 1 of 7
430 Education
Code 110-8600-480.31-13 Board of Education—Teacher Supplement 114,300 decrease
110-8600-480.31-10 Board of Education- Additional positions 8,325 decrease
110-8600-480.31-12 Board of Education — Capital Outlay 122,625 increase
3. Tax rebates, refunds and releases (Attachment 1)
4. Resolution to add roads to state system (Attachment 2)
5. Proclamation Celebrating Harnett County Resident Lillian Ferrell on the Occasion of her
100th Birthday
6. Harnett County Public Utilities requested approval of write-offs for the first quarter of
2017 in the amount of $41,176.11. All of these accounts have been delinquent for more
than three years. The facilitation of these write-offs is an important step in a continuing
effort to effectively manage corrections and bad debt.
7. Harnett County Finance Officer, on behalf of the Board of Education, requested
authorization to transfer $122,625 of remaining funds from Teachers Supplement and
Additional Teachers Positions to the Board of Education's Capital to be used toward the
purchase of three (3) new yellow school buses.
8. Harnett County Finance Officer, on behalf of the Board of Education, requested approval
of their revised 2016-2017 Capital Needs Assessment to include the purchase of three (3)
yellow buses costing $265,797 and a Skyjack 4632 for auxiliary services costing
$18,300.
9. Harnett County Public Utilities requested approval of an engineering consulting
agreement with MBD Consulting Engineers PA out of Asheboro, NC and Conway, SC in
the amount of $423,000 to design and provide construction administration services for
the North Harnett Waste Water Treatment Plant Upgrade Project.
Chairman Springle presented Ms. Lillian Ferrell with a proclamation celebrating her 100th
birthday. Ms. Ferrell addressed the group.
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 said we do not lack money for roads in Harnett
County we lack leadership. Mr. Nystrom talked about the need to improve Hwy 401
and Hwy 421 in Harnett County. He also said we are blessed that Central Carolina
Community College is second to none.
May 15, 2017 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 2 of 7
Vice Chairman Miller moved to approve the appointments listed below. Commissioner Elmore
seconded the motion, which passed unanimously.
Board of Health
Gayle Adams (nominated by Vice Chairman Miller) was appointed to serve on this board
for a term of three years expiring May 31, 2020.
Nicholas Pennings, DO, (nominated by Vice Chairman Miller) was reappointed to serve
on this board for a term of three years expiring May 31, 2020.
CCCC Board of Trustees
Clem Medley (nominated by Vice Chairman Miller) was reappointed to serve on this
Board for a term four years expiring June 30, 2021.
Jasmine Brown, Harnett County 4-H Youth Voice Delegate, addressed the Board. Ms. Brown
will represent Harnett County 4-H Youth at the upcoming NCACC Annual Conference. Ms.
Brown is a senior at Western Harnett High School and will attend Campbell University in the
fall.
Mayor Lewis Weatherspoon presented the Harnett County Mayors Association 2017 Priorities as
follows:
• We must improve the performance of our public schools to draw businesses and residents
to our County and municipalities.
• Well-planned transition of our libraries to a unified county operation will improve access
to these services for all of our residents.
• Balancing county involvement and investment in parks and recreation among our towns
and the unincorporated areas of the county is essential to providing fair and equal
services to all residents.
• The municipalities should work with county staff to revise the Unified Development
Ordinance (UDO) and our municipal ordinances to establish comparable requirements for
development in municipalities and unincorporated areas of the county.
Also present were Mayor Patsy Carson, Mayor Oscar Harris and Mayor Walter Weeks.
Mark Locklear, Harnett County Development Services Director, petitioned the Board for a
public hearing regarding proposed zoning change Case #RZ-17-138, Landowner/Applicant:
Johnny & Connie Jernigan; 3.13 +/- acres; Pin's #1514-29-8140.000, 1514-29-7034.000, 1514-
28-7887.000, 1514-28-7745.000; RA -30 to Commercial; SR # 1811 (Bud Hawkins Road);
Averasboro Township.
Mr. Locklear noted on April 3, 2017, the Harnett County Planning Board voted unanimously (4-
0) to recommend approval based on compatibility to the Land Use Plan and the existing
Commercial zoning that adjoins these parcels. Mr. Locklear also said no one attend the meeting
in opposition or call the Department to pose concerns about the request. Mr. Locklear noted
these parcels are currently being used for storage purposes as related to the truck repair business.
May 15, 2017 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 3 of 7
Surrounding land uses include agriculture, residential and industrial. Public water is available
and private septic tank is utilized on this site.
Mr. Locklear 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 impact to the adjacent property owners
and the community is reasonable as existing uses in the immediate vicinity of these
parcels are of a non-residential nature.
The requested zoning district is COMPATIBLE with the existing Land Use
Classification. REASONING: The existing land use classification of Employment
Mixed Use includes locations for employment and economic development opportunities.
Therefore, the request is compatible with the existing land use classification.
The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The proposal would maintain the general welfare of the public as
adjacent properties are zoned Commercial. This zoning district will also allow the use
of the property in the same manner as it is currently being utilized.
This request is NOT for a SMALL SCALE REZONING and should not be evaluated for
reasonableness. REASONING: The subject parcels are immediately adjacent to
Commercial zoning therefore this 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 based on the Land Use Plan and adjacent Commercial
zoning. It is recommended that this rezoning request be approved.
Mr. Locklear mentioned that Randy Baker, Assistant Manager of Planning Services, has been
working with the family to try to achieve compliance. He said there are a whole lot of moving
parts to this, they are transferring some vehicles off of the property to eventually do a conditional
use down the street. Mr. Locklear said the property currently proposed for rezoning would be
more of a holding area for the repair business across the street. Mr. Locklear said they are
starting to change the way it looks out there.
Chairman Springle called to order a public hearing on the matter and opened the meeting for
comments from the public.
Terry Menus of Wilmington spoke in opposition to the rezoning. She said her mother,
Nancy Jernigan, owns the property adjacent to the parcel subject to rezoning. Mrs.
Menus said they question the benefit of rezoning the specific parcels to commercial. She
said the State told her a salvage type business is required to have a plan in place for
drainage and contaminated materials. She said she understands this originated because it
was considered a violation and asked are we going to reward a violation with a rezoning
to Commercial. Ms. Menus said she believes this would put the agriculture value at risk
and any other opportunities for residential development.
Mr. Locklear responded there is a plan in place and reminded the group this is just a rezoning
and they must consider everything that could be Commercial. He said staff felt like moving to
May 15, 2017 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 4 of 7
Commercial would be more in line with most of the adjacent stuff that is out there now. He
noted once the applicants go through the conditional use process on the other properties, and then
go through the site plan process for the junkyards and auto salvage side of thing, then that is
when the D.E.N.R. stuff will be taken into account.
Johnny Jernigan, the applicant, said they have been working with the County for about
four months and have done everything asked to become compliant. Mr. Jackson also
noted the two residences nearest the property are actually occupied by owners of the
company.
Seeing no one else move, Chairman Springle closed the public hearing.
Commissioner McKoy moved to table the request to allow commissioners time to go look at the
site. Commissioner Elmore seconded the motion. Vice Chairman Miller reminded fellow
commissioners they were only considering the rezoning from residential to commercial. The
motion failed 3 to 2.
Mr. Locklear shared a map of the parcels. He said the main operation has been operating for a
long time. The applicant has purchased additional land and is trying to utilize this parcel for
more of an auto repair as opposed to auto salvage. Mr. Locklear pointed out where the applicant
intends to screen and buffer areas. He noted the second piece of property is already zoned
industrial.
Commissioner Penny moved to approve the proposed zoning change as presented, stating the
requested rezoning to Commercial is compatible with Harnett County regulatory documents and
would not have an unreasonable impact on the surrounding community based on the Land Use
Plan and adjacent Commercial zoning. He also noted the Harnett County Planning Board voted
unanimously (4-0) to recommend approval based on compatibility to the Land Use Plan. Vice
Chairman Miller seconded the motion, which passed unanimously.
Mr. Locklear petitioned the Board for a public hearing regarding proposed zoning change Case
#RZ-17-200, Landowner/Applicant: Janice Thomas/Danny Thomas; 1.2 +/- acres; Pin # 0640-
19-1240.000; from Industrial to RA -30; SR # 1257 (South River Road); Upper Little River
Township.
Mr. Locklear noted on May 1, 2017, the Harnett County Planning Board voted unanimously (5-
0) to recommend approval based on compatibility to the Land Use Plan and the existing
residential that adjoins this parcels. Mr. Locklear also noted no one attend the meeting in
opposition. Mr. Locklear noted this parcel is a smaller piece of a former business. It is now
under the same ownership as the adjacent residence, thus the reason to convert to residential
zoning. Surrounding land uses include agriculture, residential and one manufacturing site.
Public water is available and private septic tank is utilized on this site.
Mr. Locklear stated staffs 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 adjacent property owners
May 15, 2017 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 5 of 7
and the community is reasonable as existing uses in the immediate vicinity of these
parcels are residential.
The requested zoning district is COMPATIBLE with the existing Land Use
Classification. REASONING: The requested use of Residential is compatible with the
existing land use classification of Medium Density Residential/Compatibility
Development areas. These districts can contain a mix of uses consisting of residential,
commercial, etc.
The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The proposal would maintain the general welfare of the public since the
adjacent properties are zoned Residential. This zoning district will also allow the use of
the property in the same manner as it is currently being used.
This request is NOT for a SMALL SCALE REZONING and should not be evaluated for
reasonableness. REASONING: The subject parcel is immediately adjacent to
Residential zoning therefore this does not need to be evaluated for a small scale
rezoning.
Suggested Statement -of -Consistency: Staff concludes that the requested rezoning to Residential
is compatible with Harnett County regulatory documents and would not have an unreasonable
impact on the surrounding community based on the Land Use Plan and adjacent zoning. 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 Penny moved to approve the proposed zoning change as presented. Vice Chairman
Miller seconded the motion, which passed unanimously.
Jimmy Riddle, Harnett County Emergency Services Director, petitioned the Board for a public
hearing regarding an installment financing agreement and tax-exempt loan not to exceed
$310,000 through PNC Bank for the purchase of a fire truck by Benhaven Emergency Services,
Inc. He noted Benhaven Emergency Services, Inc. is looking to replace an engine recently lost
in a motor vehicle accident.
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 resolution authorizing and approving the delivery of
an installment financing agreement by Benhaven Emergency Services, Inc. and the tax-exempt
loan related thereto. Commissioner McKoy seconded the motion, which passed unanimously.
(Attachment 3)
Mr. Jeffries shared a draft budget message and proposed balanced 2017/18 budget for the
General Fund, Solid Waste and Public Utilities. He also shared the Capital Improvement Plan
for the upcoming year. Mr. Jeffries stated staff is working to determine what the revenue neutral
number will be. He also noted staff is continuing to look at fire tax districts and do not currently
have a recommendation. The Board also received a copy of Harnett County School's budget and
an updated copy of their financial report including purpose codes. Mr. Jeffries announced he
would formally submit the budget message and proposed balance budget on May 30, 2017 at
May 15, 2017 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 6 of 7
9:00 am in work session. Mr. Jeffries said he hopes to have a little more detailed discussion
about some of the items in the budget during the May 30th work session. The public hearing on
the 2017/18 budget will be on June 19, 2017 at 7:00 pm.
Mr. Jeffries presented the following reports:
- Veteran Services Activities Reporting — April 2017
- Public Health Activities Summary — April 2017
- Interdepartmental Budget Amendments
Mrs. Honeycutt provided an update on the bond sale for the Benhaven School project. She
reported the sale of $29,500,000 in bonds on May 9th with an effective interest rate of 2.74% on
the issuance.
There was no new business.
Commissioner McKoy moved that the Board go into closed session for the following purposes:
1) To discuss certain personnel matters; and
2) To instruct the County staff concerning the position to be taken by the County in
negotiating a contract for the acquisition of real property; and
3) Consult with the County's legal staff in order to preserve the attorney-client privilege
concerning the handling of that claim by the U.S. Department of Justice against the
Harnett County Sheriff's Department; and
4) To discuss economic development matters.
This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(6),(5)(3)&(4).
Commissioner Elmore seconded the motion that passed unanimously.
Commissioner Elmore moved that the Board come out of closed session. Commissioner Penny
seconded the motion that passed unanimously.
Commissioner Elmore moved to adjourn the meeting at 8:55 pm. Commissioner Penny
seconded the motion, which passed unani
Gor
1
t 42i v_l
w gad Irt Regina Wh ler, Clerk
P
pringle,
May 15, 2017 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 7 of 7
ATTACHMENT 1
Jo;eJ Siuiwpy xej
.au)ine j' fl! N •S
D
3
CD
z
ro
m
0
ro
ro
ro
a
N 3
U, O
O c
-
V
ro
N 3
U1
O c
V
Z
A
v, CD
0
Z
T
F
m
2
m
z
z
m
to
r
o m o
cti
C-)
0.)`° a
vl O
m m`
(U0 , o
°: on N
o c o
7 C V
O
= O
(D 0)
E" 0.
O
0 0
3
x
N (7f
O
ry 3
co
nD
N
Q
C
(D
0)
0)
I IM1NAHDV1ZV
ATTACHMENT 2
Harnett
COUNTY
NORTH CAROLINA
RESOLUTION
BE IT RESOLVED that the Harnett County Board of Commissioners
does hereby, by proper execution of this document, request that the North Carolina
Department of Transportation add to the State's Secondary Road System the below
listed street.
Oxford Woods Subdivision
Oxford Woods Drive
Duly adopted this 15th day of May 2017.
Marg
Clerk
t Regina eeler
the Boar
strong roots • new growth
HARNETT COUNTY BOARD OF COMMISSIONERS
nngle, Chairman
www.harnett.org
ATTACHMENT 3
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 May 15, 2017 (the "Meeting"),
after proper notice, and was called to order by Chairman Gordon Springle, and upon the roll being called,
the following members of the Board answered present:
Gordon Springle, Chairman
Joe Miller, Vice -Chairman
Abe Elmore, Commissioner
Barbara McKoy, Commissioner
Howard Penny, Commissioner
The following members of the Board were absent: NA
Also present:
Joseph Jeffries, County Manager
Paula Stewart, Deputy County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
* * *
The Chairman of the Board of Commissioners (the "Board") for the County of Harnett, North
Carolina (the "County") stated that the Board has been requested by the Benhaven Emergency Services,
Inc. ("BES") to approve an installment financing agreement between PNC Bank and BES (the
"Agreement"). BES will use the proceeds of the Agreement to fmance a fire truck and, if applicable, to pay
certain expenses incurred in connection with the delivery of the Agreement. The Chairman then stated that
a notice of public hearing by the Board regarding the fmancing of a fire truck and the execution and delivery
of the Agreement had been published on May 4, 2017 in The Daily Record.
Chairman Springle declared the public hearing on the Equipment and the execution and delivery
of the Agreement to be open.
At approximately 7:30 p.m., the Chairman announced that the Board would hear anyone who
wished to be heard on the advisability of the financing of a fire truck and the proposed execution and
delivery of the Agreement, and that a representative of BES was available and prepared to discuss the
details concerning such matters. No one spoke. Seeing no one move, the Chairman declared the public
hearing closed.
Commissioner Elmore then introduced the following resolution, the title of which was read and
copies of which had been previously distributed to each Commissioner:
RESOLUTION AUTHORIZING AND APPROVING THE DELIVERY OF AN INSTALLMENT
FINANCING AGREEMENT BY BENHAVEN EMERGENCY SERVICES, INC. AND THE TAX-
EXEMPT LOAN RELATED THERETO
WHEREAS, Benhaven Emergency Services, Inc. (the "BES") and the County of Harnett, North
Carolina (the "County") have heretofore entered into an agreement on July 1, 2015 whereby BES has agreed
to provide the County fire protection services; and
1
WHEREAS, BES wishes to finance a fire truck and, if applicable, to pay certain expenses incurred
in connection with the delivery of the Agreement (as defined below); and
WHEREAS, BES and PNC Bank intend to enter into an installment financing agreement (the
"Agreement") whereby PNC Bank will advance to BES funds for the financing of a fire truck and, if
applicable, such related costs; and
WHEREAS, the interest component of the repayment obligations under the Agreement are intended
to be excludable from the gross income of the recipients thereof; and
WHEREAS, pursuant to the Internal Revenue Code of 1986, as amended (the "Code"), the
execution and delivery of the Agreement must be approved, after a public hearing required by
Sections 150(ex3) and 147(0 of the Code, by the governmental unit having jurisdiction over the area in
which the EFRS is located; and
WHEREAS, the Agreement does not constitute a debt of the State of North Carolina or any political
subdivision or any agency thereof, including the County, or a pledge of the faith and credit of the State of
North Carolina or any political subdivision or any such agency, including the County, but is payable solely
from the revenues and other funds provided for by BES in the Agreement; and
WHEREAS, because no revenues or taxes of the County are legally pledged to the repayment
obligations under the Agreement, the staff of the County has made no financial analysis of the Agreement
or the financing of a fire truck to be financed thereby; and
WHEREAS, the Board of Commissioners of the County (the "Board"), pursuant to public notice
duly given, has held a public hearing on the advisability of the delivery of the Agreement to finance a fire
truck and has considered the comments of all persons who requested to be heard; and
WHEREAS, the Board desires to approve the delivery of the Agreement for the purpose of
financing a fire truck;
NOW THEREFORE, BE IT RESOLVED by the Board as follows:
1. The Board has held the public hearing and taken the actions set forth herein in order to
satisfy Sections 150(e)(3) and 147(0 of the Code.
2. The delivery of the Agreement in an aggregate principal amount not exceeding $310,000
to finance a fire truck and, if applicable, certain related costs is hereby approved.
3. The Clerk to the Board is hereby authorized and directed to provide a certified copy of this
resolution to BES and PNC Bank.
4. THE AGREEMENT DOES NOT CONSTITUTE A DEBT OF THE STATE OF NORTH CAROLINA OR
ANY POLITICAL SUBDIVISION OR ANY AGENCY THEREOF, INCLUDING THE COUNTY, OR A PLEDGE OF THE
FAITH AND CREDIT OF THE STATE OF NORTH CAROLINA OR ANY POLITICAL SUBDIVISION OR ANY SUCH
AGENCY, INCLUDING THE COUNTY.
5. This resolution is effective on its adoption.
2
PPAB 2826527v1
STATE OF NORTH CAROLINA
SS:
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 AUTHORIZING AND APPROVING THE DELIVERY OF AN INSTALLMENT FINANCING
AGREEMENT BY BENHAVEN EMERGENCY SERVICES, INC. AND THE TAX-EXEMPT LOAN RELATED
THERETO" adopted by the Board of Commissioners of the County of Harnett, North Carolina, in regular
session convened on the 15t day of May, 2017.
WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 15t
day of May, 2017.
(SEAL
Marg ret Regina eeler
Cler o the Board f Commissioners
3