052019mHARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
May 20, 2019
The Harnett County Board of Commissioners met in regular session on Monday, May 20, 2019,
in the Commissioners Meeting Room, County Administration Building, 420 McKinney
Parkway, Lillington, North Carolina.
Members present:
Gordon Springle, Chairman
Howard Penny, Vice Chairman
Barbara McKoy, Commissioner
Joe Miller, Commissioner
Member absent: Abe Elmore, Commissioner (deceased)
Staff present:
Paula Stewart, County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
Chairman Springle called the meeting to order at 6:00 pm. The group observed a moment of
silence honoring Commissioner Abe Elmore who passed away on Sunday, May 19, 2019. Vice
Chairman Penny led the Pledge of Allegiance and invocation.
Chairman Springle called for any additions or deletions to the published agenda. Commissioner
Miller moved to approve the agenda as published. Vice Chairman Penny seconded the motion
that passed 4-0.
Lynn Lambert, Natural Resources Director with Harnett Soil and Water Conservation District,
recognized the Harnett County's Envirothon Team students and their Team Advisor Sara Sealey.
Mrs. Lambert provided a brief summary about the NC Envirothon Program. She noted the
Envirothon program is the largest natural resources conservation based competition of its kind
and is designed to develop environmentally aware citizens who are able to assume future
leadership roles in the areas of natural resources conservation. It consists of a yearlong
curriculum for both middle and high school students combining both in the classroom and
outdoor training in ecology and natural resources management. The program is designed to
emphasize teamwork and higher order thinking skills such as analysis and interpretation.
Mrs. Lambert announced that Harnett County's Envirothon Teams had competed in the Area 7
Envirothon Contest in Bladen County and finished 3rd, 4th, 5th, 6th and 7th in the middle school
division and all qualified for the state level event. Harnett also had the contest's highest scoring
team in the current environmental issues category. During the NC Envirothon Contest in
Alamance County Harnett had a team that placed 14th out of 51 teams with the rest not far
behind. Mrs., Sealey addressed the Board and group pictures with students were taken.
May 20, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 1 of 7
Vice Chairman Penny moved to approve items on the consent agenda. Commissioner McKoy
seconded the motion, which passed 4-0.
1. Tax rebates, refunds and releases
2. Harnett County Animal Services requested approval of a Resolution Authorizing the
County Manager to Waive Animal Adoption Fees when necessary for special events,
illness, shelter capacity limits or other deemed reasonably necessary by staff.
(Attachment 1)
3. Administration requested adoption of the North Carolina Local Government Records
Retention Schedule. The March 2019 updates to North Carolina Government Records
Retention Schedules have been signed by the Department of Natural and Cultural
Resources. The universal update covering General Records is taking the form of a
General Local Records Retention Schedule. When adopted, it supersedes the following
standards on all local schedules published prior to March 1, 2018: 1) Administration and
Management Records, 2) Budget, Fiscal and Payroll Records, 3) Geographic Information
System (GIS) Records, 4) Information Technology Records, 5) Legal Records,
6) Personnel Records, 7) Public Relations Records, 8) Risk Management Records, and
9) Workforce Development Records
4. Harnett County Parks and Recreation requested approval of two change orders totaling
$28,050 for the Neills Creek Park Tennis Court Project. Changer order #1 is due to the
discovery of an area of 97 cubic yards of unsuitable soil and soils need to be stripped and
replaced with suitable soils at an additional cost of $14,550. Change odder #2 is to add
an additional one inch of asphalt. The plan called for two 1" lifts (2 inches of total
asphalt) however this change order calls for two 1.5" (3 inches of total asphalt) at an
additional cost of $13,500.
5. Harnett County Public Library requested approval to accept the LSTA Edge Technology
Grant for $7,478. Grant funds will be used to purchase technology tools and equipment
to improve and increase community access to technology and digital learning. This is a
reimbursement grant and there is no county match required.
The following items were approved, as part of the consent agenda, by a majority of the Board
and shall be reconsidered at the next regular meeting of the Board.
1. Harnett County Finance Officer requested approval of the Northwest Harnett Elementary
School Project Capital Project Ordinance totaling $29,634,397. This project ordinance
was approved by a majority of the Board (4-0) and shall be reconsidered at the next
regular meeting of the Board.
2. Harnett County Finance Officer requested approval of a Resolution Declaring the Intent
of the County of Harnett to Issue Approximately $28,000,000 General Obligation School
Bonds to Finance NW Harnett Elementary School, as requested by the Board of
May 20, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 2 of 7
Education, and to Reimburse Itself for Capital Expenditures Incurred in Connection with
the Acquisition and Construction of NW Harnett Elementary School from the Proceeds of
Such General Obligation School Bonds Executed to be Issued in Fiscal Year 2020. This
resolution was approved by a majority of the Board (4-0) and shall be reconsidered at the
next regular meeting of the Board.
3. Harnett County Finance Officer requested approval of the Erwin Elementary School
Project Capital Project Ordinance totaling $23,481,723. This project ordinance was
approved by a majority of the Board (4-0) and shall be reconsidered at the next regular
meeting of the Board.
4. Harnett County Finance Officer requested approval of a Resolution Declaring the Intent
of the County of Harnett to Issue Approximately $23,500,000 General Obligation School
Bonds to Finance Erwin Elementary School, as requested by the Board of Education, and
to Reimburse Itself for Capital Expenditures Incurred in Connection with the Acquisition
and Construction of Erwin Elementary School from the Proceeds of Such General
Obligation School Bonds Executed to be Issued in Fiscal Year 2020. This resolution was
approved by a majority of the Board (4-0) and shall be reconsidered at the next regular
meeting of the Board.
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 addressed the Board.
The following citizens addressed the Board asking that they replace Erwin Elementary as
fast as possible:
Erwin Mayor Patsy Carson
- Steve West
Abby Wood
Candise Cowan
- Ashley Hinson
Steve Wood
Daily Record Reporter Rick Curl responded to citizens who he said had misquoted
information provided in the paper.
Commissioner Miller moved to approve the appointment listed below. Vice Chairman Penny
seconded the motion that passed 4-0.
Cemetery Board Of Trustees
Anne Marsh was reappointed to serve on this board for a term of three years expiring
April 30, 2022.
Historic Properties Commission
Melanie Collins was reappointed to serve on this board as an alternate for a term of three
years expiring February 28, 2022.
May 20, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 3 of 7
Mark Locklear, Director of Harnett County Development Services, petitioned the Board for a
public hearing regarding the Proposed Zoning Change: Case # PLAN1903-0002,
Landowners/Applicants: Southeast Properties Family, LLC; 7.12 acres; Pin #'s 0513-76-3120 &
0513-76-0085; From RA -20M to Commercial Zoning District; NC Hwy 210 South; Anderson
Creek Township.
Mr. Locklear reported that the site is currently occupied by a nonresidential structure with
surrounding land uses consisting of residential developments, various nonresidential uses and
vacant/undeveloped land. Services available include Harnett County public water and sewer.
Mr. Locklear noted that on May 6, 2019, the Harnett County Planning Board voted unanimously
(5-0) to recommend approval of this application based on surrounding residential uses, adjacent
identical zoning districts, as well as overall compliance with the Land Use Plan. He said no one
spoke in opposition.
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 requested zoning change to Commercial will
not have a negative impact on the community as it has been used for nonresidential
purposes for many years, as well as being adjacent to several existing Commercial
parcels in the area.
The requested zoning district is COMPATIBLE with the existing Land Use
Classification. REASONING: The requested zoning district is not fully compatible with
the existing Land Use classification of Low Density Residential however; this site is
within a Compatibility Development Target area. This allows for uses that would make
the most of the presence of public water and sewer availability. In addition, a Rural
Center development node is just north of this site. So when studied again, a Land Use
map amendment would be to recommend extending this existing Rural Center
development node along the NC 210 corridor.
The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The requested rezoning to Commercial would maintain or enhance the
public health, safety and general welfare due to the site's history or commercial use.
The request is NOT for a SMALL SCALE REZONING and should be NOT be evaluated
for reasonableness. REASONING: Since these tracts are immediately adjacent to a
Commercial zoning classification, this application does not need to be evaluated for
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 existing nonresidential uses in this area as
well as within the area therefore it is recommended that this rezoning request be approved.
Mr. Locklear commented this is one of those instances where you have a non-residential use that
has been a non-residential use for years, it just happens to sit on a residential piece of property in
a commercial area.
May 20, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 4 of 7
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.
Vice Chairman Penny moved to approve the requested 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 existing nonresidential uses on this site as
well as within the area. Commissioner Miller seconded the motion, which passed 4 to 0.
Mr. Locklear petitioned the Board for a public hearing regarding proposed zoning change: Case
# PLAN1904-0001 Landowners/Applicants: Barbara Jones; 5.33 acres; Pin #'s 1528-52-9101,
1528-52-1018, and 1528-61-2922; From Commercial to RA -30 Zoning District; US 301 N,
Neill's Creek Township.
Mr. Locklear reported that the site currently has one parcel occupied by a house, the other an
auto repair facility. Services available include Harnett County public water and private septic
tank. Mr. Locklear noted that on May 6, 2019, the Harnett County Planning Board voted
unanimously (5-0) to recommend approval of this application based on compatibility with the
surrounding uses. He said no one spoke in opposition.
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 requested zoning change to RA -30 will not
have a negative impact on the community since one site has been used as a residence for
many years, and the other site's use of an auto repair shop is an allowable Conditional
Use in RA -30.
The requested zoning district is COMPATIBLE with the existing Land Use
Classification. REASONING: The requested zoning to RA -30 is compatible with the
Land Use classification of Compact Mixed Use area. These areas with access to major
thoroughfares & utilities are incorporate a mix of residential and nonresidential uses.
The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The requested rezoning to RA -30 would maintain the public health, safety
and general welfare due to the existing residential uses within the area.
The request is NOT for a SMALL SCALE REZONING and should be NOT be evaluated
for reasonableness. REASONING: Due to the total acreage of all of the parcels, the
application does not need to be evaluated for Small Scale Rezoning.
Suggested Statement -of -Consistency: Staff concludes that the requested rezoning to RA -30
would not have an unreasonable impact on the surrounding community as it is complaint with
the County's Land Use Plan as well as due to the presence of the existing residential uses in the
area therefore it is recommended that this rezoning request be approved. Mr. Locklear said he
believes it is the intent of the applicant not to reopen the auto repair facility once it eventually
closes.
May 20, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 5 of 7
Chairman Springle called to order a public hearing on the matter and opened the meeting for
comments from the public.
Cameron Benson, the applicant's grandson, addressed the Board. Mr. Benson said he is
trying to purchase the house and cannot obtain a residential mortgage for property that is
zoned Commercial.
Seeing no one else move, Chairman Springle closed the public hearing. Vice Chairman Penny
moved to approve the requested rezoning to RA -30 as it would not have an unreasonable impact
on the surrounding community based on the existing residential use on site, other residential uses
in the area, and compliance with the County's Land Use Plan. Commissioner Miller seconded
the motion, which passed 4 to 0.
Brian Haney, one of the Assistant County Managers, presented the request for approval of a
Capital Project Ordinance for the "Shawtown Area Community Center Feasibility Study." This
project includes the preparation of a conceptual site plan, development of a rendered site plan
and building evaluation plan, and preliminary estimation of construction costs for a community
center to be constructed by the Shawtown Alumni Association on property the Association
acquired from Harnett County behind the former Shawtown School. The County gave the
property to the Alumni Association in 2012 with the requirement that a community center be
constructed on the property by 2032. This project will be funded through a $10,000 grant-in-aid,
which Harnett County was awarded for the development of this project. Mr. Haney explained no
County funds are included in this project and the money will flow through us to them.
Commissioner McKoy moved to approve the Capital Project Ordinance for the "Shawtown Area
Community Center Feasibility Study". Commissioner Miller seconded the motion. This project
ordinance was approved by a majority (4-0) of the Board but shall be reconsidered at the next
regular meeting of the Board.
Barry Blevins, Harnett County General Services Director, sought consensus by the Board
regarding Option #1 or Option #2 for the exterior concept for the Terminal Design.
Commissioners asked staff to first get the Harnett Jetport Committee's recommendation for the
exterior concept and then bring it back to the Board for consideration.
Mrs. Stewart requested approval of a Project Budget Ordinance Amendment to increase the
project budget to reflect the estimated cost of $24,027,257 for the new Harnett County Resource
Center and Library, DSS building addition and site improvements. Commissioner McKoy asked
if there were any grant funds available to apply to the cost of this facility. Mrs. Stewart
responded that the County would get a small reimbursement from the State for the DSS
expansion part of the project. Commissioners asked staff to estimate how much money the
County will save in rent costs once the new building is occupied.
Vice Chairman Penny moved to approve the increase in the project budget with financing for
$23,000,000 of the project cost and authorizing County staff to seek alternative methods of
funding the FF&E cost of the project. Commissioner McKoy seconded the motion. This project
ordinance was approved by a majority of the Board, 3-1 with Miller opposing, but shall be
reconsidered at the next regular meeting of the Board.
May 20, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 6 of 7
Mrs. Stewart presented the following report:
- Harnett County Public Health Activities Summary — April 2019
Mrs. Stewart addressed some concerns raised earlier by Erwin residents. She confirmed the
Board previously agreed to fund two new schools. Mrs. Stewart noted that Harnett County
Schools are currently in the process of selecting an architect for the Erwin project and once that
is done staff can work together to go before the Local Government Commission. She said
there is a process that has to take place; staff is working as hard as they can to be ready when the
School Board presents a plan.
There was no new business.
Commissioner McKoy moved that the Board go into closed session for the following purposes:
1) Consultation with the County's legal staff in order to preserve the attorney-client
privilege concerning the handling of certain claims and litigation including:
a. Workers Compensation claim of Catherine G. Dawson
I.C. File No. 17-054128
b. Workers Compensation claim of Michael Stinecipher
I.C. File No. 19-002954; 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) To discuss certain economic development matters.
This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(3)(6)&(4).
Commissioner Miller second the motion that passed 4 -0.
Vice Chairman Penny moved that the Board come out of closed session. Commissioner Miller
seconded the motion that passed 4-0.
Commissioner McKoy moved to adjourn the meeting at 7:39 pm. Vice Chairman Penny
seconded the motion, which passed 4-0.
Gordtnfi Springle
et Regina eeler, Clerk
May 20, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 7 of 7
ATTACHMENT 1
RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS
AUTHORIZING THE COUNTY MANAGER TO WAIVE ANIMAL ADOPTION FEES
WHEREAS, the laws of the State of North Carolina, and in particular North Carolina General
Statute § 153A-102, authorize the Harnett County Board of County Commissioners to fix fees and
commissions charged by county officers and employees for performing services or duties permitted
or required by law; and
WHEREAS, the Board of Commissioners adopted a rate/fee schedule for the Harnett County
Animal Services Department ("Animal Services"); and
WHEREAS, it is necessary to waive certain Animal Services fees in specific situations to
ensure the efficient and safe operation of the Harnett County animal shelter and to protect the health
and well-being of the shelter animals; and
WHEREAS, North Carolina General Statute §153A-12 authorizes the Board of
Commissioners to delegate responsibility for any function or activity to others as it sees fit, unless
specifically precluded by statute, by ordinance or resolution; and
WHEREAS, the Board of Commissioners is authorized to delegate the authority to waive
Animal Services fees and desires to delegate such authority to the County Manager.
NOW, THEREFORE, be it resolved by the Harnett County Board of Commissioners as
follows:
1. The County Manager, upon consultation with the General Services Director, may waive one
or more of the fees listed in the then current Animal Services rate/fee schedule when the
Harnett County animal shelter is at or near capacity, for "clear the shelter" and other adoption
events, to prevent the spread of illness and/or disease to healthy animals at the shelter, or for
any other reason deemed reasonably necessary by the County Manager and the General
Services Director.
2. A waiver of Animal Services fees shall be temporary and shall cease when the shelter is at or
below 50 percent capacity, when the event prompting the waiver has ended, or when illness
or disease no longer poses a threat to the health of the shelter animals.
Duly adopted by the Harnett County Board of Commissioners this a t ay of May, 2019.
est:
arg
HARNETT COUNTY BOARD OF COMMISSIONERS
Bv:
ret Regina eler, Clerk
ordon Spri
Chairman of the Board of Commissioners