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121817mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting December 18, 2017 The Harnett County Board of Commissioners met in regular session on Monday, December 18, 2017, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Gordon Springle, Chairman Howard Penny, Vice Chairman Barbara McKoy, Commissioner Abe Elmore, Commissioner Joe Miller, Commissioner (arrived late) Paula Stewart, Interim County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Chairman Springle called the meeting to order at 5:30 pm. Commissioner Elmore led the Pledge of Allegiance and invocation. Chairman Springle called for additions or deletions to the published agenda. Commissioner Elmore moved to approve the agenda as published. Commissioner McKoy seconded the motion, which passed 4-0. Commissioner Elmore moved to approve the following items listed on the consent agenda. Vice Chairman Penny seconded the motion, which passed 4-0. 1. Minutes: December 4, 2017 Regular Meeting 2. Budget Amendments: 155 Transportation Admin. Code 110-4651-410.11-14 Salaries & Wages 110-4651-410.21-00 Salaries & Wages Group Insurance 158 General Services Code 110-4600-410-41-11 Operating Utilities 110-4600-410.11-14 Longevity 27 increase 27 decrease 459 decrease 459 increase December 18, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 8 167 Soil and Water Code 110-6700-429.11-14 Longevity 110-6700-429.41-11 Telephone and Postage 168 Public Utilities PU1501 Code 545-9100-431.46-01 Residual Equity 545-0000-353.90-12 Moore County 172 Veterans Court Code 253-4404-441.30-04 253-4404-441.58-01 253-4404-441.58-14 253-4404-441.60-33 253-4404-441.60-39 253-4404-441.88-04 Professional Services Training & Meetings Travel Admin Materials & Supplies Other Materials Veterans Treatment Court 173 IT Department Code 909-9809-410.74-74 Capital Outlay 909-0000-389.10-00 Interfund Transfers 174 IT Department Code 110-8701-490.90-97 Other Financing Uses-Tran/Internal Service Fund 110-0000-399.00-00 Fund Balance Appropriated 3. Tax rebates, refunds and releases (Attachment 1) 152 increase 152 decrease 15,000 increase 15,000 increase 26,373 increase 6,168 increase 438 increase 1,000 increase 3,380 increase 37,359 increase 750,000 increase 750,000 increase 750,000 increase 750,000 increase 4. Harnett County Juvenile Crime Prevention Council Board requested approval of the amended NC DPS Community Programs County Funding Plan. A program provider withdrew from the program and the board would like to reallocate those funds to Harnett County Restitution. There will be an additional $393 cash match. Commissioner Miller joined the meeting. Chairman Springle opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. No one spoke. Vice Chairman Penny moved to approve the appointment listed below. Commissioner Elmore seconded the motion, which passed unanimously. HOME AND COMMUNITY CARE BLOCK GRANT COMMITTEE Dr. J.T. Mercado was appointed to serve on this committee. December 18, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 8 The Board held a public hearing related to the proposed grave relocation petition of the Enoch and Christian Johnson Family Cemetery at the County's Anderson Creek Landfill facility located on Poplar Road in Spring Lake. 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 adopt the Resolution Approving the Grave Relocation of the Enoch and Christian Johnson Family Cemetery. Commissioner Penny seconded the motion, which passed 4-1 with Commissioner McKoy opposing. (Attachment 2) Harnett County Community and Government Relations Director Brian Haney petitioned the Board for a public hearing to consider levying a room occupancy tax of six percent (6%) of gross receipts derived from the rental of any room, lodging, or accommodation furnished by a hotel, motel, inn, tourist camp, or similar place within the Harnett County District H taxing district that is subject to sales tax imposed by the State of North Carolina under G.S. 105-164.4(a)(3). This tax would be in addition to any State or local sales or room occupancy tax. Mr. Haney provided a brief background on Senate Bill 552, which established Harnett County District H as a taxing district. District H includes all of Harnett County except for the Averasboro Township, which already has an occupancy tax and tourism. Mr. Haney reported Harnett GIS determined that the Microtel in Lillington and Anderson Creek Club Inn/Suites in Spring Lake are the only two businesses that qualify for the tax. Mr. Haney reviewed details of the legislation which also requires the Board of Commissioners to create the Harnett County District H Tourism Development Authority, "which shall be a public authority under the Local Government Budget and Fiscal Control Act." Mr. Haney noted 81 counties in North Carolina currently levy an occupancy tax of some amount. Staff requested, following the public hearing, that the Board approve a Resolution Levying a Six Percent (6%) Room Occupancy Tax within Harnett County District H and a Resolution Creating the Harnett County District H Tourism Development Authority. Mr. Haney discussed membership requirements of the Authority, which would include two members affiliated with the businesses that collect the tax. Mr. Haney also noted, if approved, the Board would need to approve bylaws and appoint membership for the Tourism Development Authority during a future meeting. Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. - Jon Hockaday, representing the Anderson Creek Inn, said he had gotten information about the public hearing a few days prior. He said he was glad to hear the money would be used for tourism but something like this would hurt them and he asked commissioners to vote against the occupancy tax. Kevin Mishra, owner of the Microtel Suites in Lillington, said they were blind sighted by this tax being levied on them. He talked about competition, the economy and tourism. Mr. Mishra said he is defmitely against the occupancy tax and research needs to be done to give them some sense of direction of how the money will be spent. December 18, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 8 - Martha Smith of 563 Kivett Road in Buies Creek suggested this be put on hold until the county could provide the businesses with a plan. Chairman Springle noted the Board had been discussing this issue for a while. He said the legislation to allow for the creation of a countywide tourism authority was a priority for the county to try to promote tourism throughout the entire county. Commissioner Miller questioned if the 6% tax, approximately $5.00 a night, would really hurt and both representatives responded it would. Commissioner Elmore also addressed the applicants. Mr. Haney responded there is no set date when this must be enacted. Chairman Springle closed the public hearing. Commissioner McKoy moved to table consideration of the two resolutions until a future date to allow for study of the impact of the tax. Commissioner Elmore seconded the motion that passed unanimously. Harnett County Development Services Director Mark Locklear petitioned the Board for a public hearing on proposed zoning change, Case # RZ-17-472; Landowner/Applicant: Adam Kinton; 4.05 +/- acres; Pin # 0653-44-9622.000; From RA -30 to Commercial Zoning District; US Hwy 401 North; Hector's Creek Township. Mr. Locklear stated the site is currently occupied by one main building and several small metal storage buildings. In the past, the site was used as an Ornamental Lawn Monument business approved via conditional use on April 10, 2000. July 2017, a CUP was approved for an automotive repair shop but the business did not progress. Surrounding land uses include single-family residential and agricultural uses. Services available include public water and private sewer (septic tank). 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 surrounding community is reasonable, as the requested rezoning district is compatible with the parcel's history of uses. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning to Commercial is compatible with the overall land use classification of Employment Mixed Use, as well as within the Compatibility Development Target area. The Compatibility Development Target areas is based on potential utility availability and flexibility with lot sizes. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning to Commercial would enhance or maintain the public health, safety and general welfare due to the uses on this parcel and the potential site improvements. This request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Due to the size of the parcel, typically this application would need to be considered for Small Scale Rezoning however, when you take that into consideration it is compatible with the adopted Land Use Plan, which generally makes that okay with Small Scale Rezoning. December 18, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 8 Suggested Statement -of -Consistency: Staff concludes the requested rezoning to Commercial would not have an unreasonable impact on the surrounding community based parcel's history of uses and the County's Land Use Plan compatibility. It is recommended that this rezoning request be approved. Mr. Locklear noted on December 4, 2017, the Harnett County Planning Board voted unanimously (4-0) to recommend approval based on the Land Use plan and previous non- residential uses. He reported one citizen spoke in favor of this application and one spoke in opposition, with concerns about traffic, driveway location, and lights effecting his residence across the street. Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. - Wayne Mauldin with Mauldin -Watkins Surveying, PA, on behalf of the applicant, spoke in support of rezoning. He said the property has always been used as a commercial site. - Ricky Temple of 337 Harnett Central Road in Kipling spoke in support of the rezoning. Seeing no one else move, Chairman Springle closed the public hearing. Commissioner Elmore moved to approve the rezoning to Commercial as it is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community based on the parcel's history of uses as well as the County's Land Use Plan designation for this area. Commissioner Miller seconded the motion, which passed unanimously. Mr. Locklear petitioned the Board for a public hearing on proposed zoning change, Case # RZ- 17-519; Landowner/Applicant: Claudia Elizabeth Dove & Deborah Dove Smith / Harold G. Slaughter, Agent; 187 +/- acres; Pin # 0654-24-3186.000; From RA -40 to RA -30 Zoning District; SR # 1416 (Spence Mill Road); Hector's Creek Township. Mr. Locklear stated the site is currently vacant, farmland and surrounding land uses include undeveloped land, residential & agricultural uses, and an LCID landfill/ mulch yard. 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 surrounding community is reasonable, as the requested zoning district is similar in nature to the surrounding area. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: This parcel is split between two different land use classifications. However, the requested RA -30 is compatible with both classifications of Employment Mixed Use and Agricultural & Rural Residential. A portion of this property is also within the Compatibility Development Target area. The Compatibility Development Target areas is based on the potential of utility availability and flexibility with lot sizes. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning to RA -30 would maintain the public health, safety and general welfare due to the existing residential uses within the area. December 18, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 8 This request is NOT for a SMALL SCALE REZONING and should not need to be evaluated for reasonableness. REASONING: Due to the size of this parcel and the similarities in the zoning districts, this application does need to be considered a Small Scale Rezoning. Suggested Statement -of -Consistency: Staff concludes the requested rezoning to RA -30 would not have an unreasonable impact on the surrounding community and will maintain the public health, safety, and general welfare based on the existing residential uses, the similarity between RA -30 & RA -40, as well as the compatibility with the County's Land Use Plan. It is recommended that this rezoning request be approved. Mr. Locklear noted on December 4, 2017, the Harnett County Planning Board voted unanimously (4-0) to recommend approval based on existing residential uses and the County's Land Use plan. He reported several area residents spoke in opposition and/or had questions & concerns about increased traffic, Rail Road crossing safety, potential housing types, and general development questions about water line upgrades, septic tanks, etc. Mr. Locklear noted staff explained the nature of the environmental concerns in the area (primarily the Water Supply Watershed regulations) which leads to density limitations...no more than 2 homes/ acre. Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. Harold Slaughter, realtor on behalf of the applicants, spoke in support of the rezoning. He said the applicants wish to sale the land in order to utilize the proceeds for personal and philanthropic purposes and in order to appeal to a broader range of potential purchasers they request a zoning change from the current RA -40 to RA -30. Johnny Spence of 1078 Spence Mill Road spoke in opposition of the rezoning. He said the property adjourns his farm. Mr. Spence said there is a lot of heritage on that road and to know 187 acres could be filled with houses is devastating. He also said the small water line on that road would never work. Mr. Spence said 2 to 3 acres per house would be less traffic and a better quality of people living there. Mr. Locklear discussed lot sizes and said from a very preliminary evaluation of the site there could potentially be 90 lots at RA -40 or 118 lots at RA -30 however, he cautioned this would depend on the developer as there are many options. He reminded the board to consider all options of RA -30. Mr. Locklear said the water line would have to be addressed as well as fire protection if a subdivision was developed. Seeing no one else move, Chairman Springle closed the public hearing. Commissioner Miller moved to deny the proposed zoning change from RA -40 to RA -30 as it was found to have an unreasonable impact on the surrounding community and does not enhance or maintain the public health, safety, and general welfare due to the potential school impacts on the existing, overburdened school system in this area. Commissioner Miller said bigger lot sizes would mean fewer homes. He said developers leave and taxpayers are left having to build schools. Vice Chairman Penny pointed out this would not prevent the land from being developed. Mr. Locklear said there are some benefits to the community if smaller density. Commissioner Penny seconded the motion, which passed 4 —1 with Chairman Springle opposing. December 18, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 8 Commissioner Elmore left the meeting. Mr. Locklear petitioned the Board for a public hearing on proposed zoning change, Case # RZ- 17-521; Landowner/Applicant: Glenn Dale Graham; 1.09 +/- acres; Pin # 0566-57-4817.000; From Commercial to RA20-R Zoning District; SR# 2073 (Pendergraft Road); Stewart's Creek Township. He stated the site is currently occupied by one single-family residence and accessory structures. Surrounding land uses include single-family residential uses, farmland, and a few nonresidential uses in downtown Bunnlevel. 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 surrounding community is reasonable, as the requested zoning district is similar in nature to the surrounding area. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning to RA -20R is compatible with the land use classification of a Rural Center. This mixed use type of area is a development node classification with activity centers near existing parcels, utilities, and access to thoroughfares. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning to RA -20R would maintain the public health, safety and general welfare due to the existing residential uses within the area. This request is NOT for a SMALL SCALE REZONING and should not need to be evaluated for reasonableness. REASONING: Due to the surrounding residentially zoned area the application does not need to be considered a Small Scale Rezoning. Suggested Statement -of -Consistency: Staff concludes the requested rezoning to RA -20R would not have an unreasonable impact on the surrounding community and will maintain the public health, safety, and general welfare because of the existing residential uses within the area. Therefore, these existing uses lead to compliance with the adopted Land Use Plan. It is recommended that this rezoning request be approved. Mr. Locklear noted on December 4, 2017, the Harnett County Planning Board voted unanimously (4-0) to recommend approval based on existing residential uses and the County's Land Use plan. He said no one attended the meeting in opposition. Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. The applicant was available for questions. Seeing no one move, Chairman Springle closed the public hearing. Vice Chairman Penny moved to approve the rezoning to RA -20R as it is compatible with Harnett County regulatory documents, and would not have an unreasonable impact on the surrounding community and will maintain the public health, safety, and general welfare because of the existing residential uses within the area as well as compliance with the County's Land Use Plan. Commissioner Miller seconded the motion, which passed 4-0. December 18, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 7 of 8 Mrs.Stewart presented the following report: Harnett County Department of Public Health Activities — November 2017 Harnett County Veteran Services Activities Report — November 2017 Harnett County Schools Financials — October, November 2017 Interdepartmental Budget Amendments Mrs. Stewart announced the three projects submitted by the county were approved by the Golden Leaf and will be heard on January 19 and considered at their April meeting. There was no new business. Commissioner McKoy moved that the Board go into closed session to discuss certain economic development matters. This motion is made pursuant to N.C. General Statute Section 143- 318.11(a)(4). Vice Chairman Penny seconded the motion that passed 4-0. Commissioner McKoy moved that the Board come out of closed session. Vice Chairman Penny seconded the motion, which passed 4-0. Commissioner McKoy moved to adjourn the meeting at 6:54 pm. Vice Chairman Penny seconded the motion, which passed 4-0. _,� .0 -ate 7. et Reginheeler, Clerk 04 December 18, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 8 of 8 A l l A1,t11V1L1N 1 1 ATTACHMENT 1 v E m z 0 E a) cc $512.83 STEPHENS, LINDA H b N M 00 ai d - N N 00 N N 4-0 0000050495-2017-2017-0000-00 Adjustment S. Keith Faulkner Tax Administrator ATTACHMENT 2 Harnett COUNTY NORTH CAROLINA RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS APPROVING THE GRAVE RELOCATION OF THE ENOCH AND CHRISTIAN JOHNSON FAMILY CEMETERY WHEREAS, the Enoch and Christian Johnson Family Cemetery is an abandoned cemetery located at the Harnett County Anderson Creek Landfill property; WHEREAS, the Enoch and Christian Johnson Family Cemetery is in close proximity to heavy equipment traffic associated with activities at the Harnett County Anderson Creek Landfill; www.harnett.org WHEREAS, the Harnett County Engineering and Solid Waste Department has indicated that the removal of the graves is necessary to accommodate the expansion of the Anderson Creek Landfill and to protect it from inadvertent damage from heavy equipment; WHEREAS, the Harnett County Engineering and Solid Waste Department has determined that it is a public necessity for the Enoch and Christian Johnson Family; WHEREAS, the Harnett County has fulfilled all of the requirements for the removal and relocation of the remains within these graves as outlined by the North Carolina General Statutes, §65-106; WHEREAS, arrangements have been made for the remains to be re -interred within the property, but outside the landfill expansion area; WHEREAS, neither Harnett County or its consultant, Legacy Research Associates, has received any opposition to the removal and relocation of these graves; WHEREAS, there is no evidence of any historical significance regarding these graves and their removal would not be detrimental to the general welfare of the County; and WHEREAS, the Harnett County Board of Commissioners held a duly noticed public hearing on December 18, 2017 to receive public comment. NOW THEREFORE BE IT RESOLVED that the Harnett County Board of Commissioners hereby approve the disinterment, relocation, and reinterment of the subject graves, as described above. Duly adopted this the 18t day of December, 2017. A TEST: HARNE Margt Regina eeler, Clerk strong roots • new growth UNTY BOARD 1 COMMISSIONERS Gord Sn ' • leiChairman