012219mHARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
January 22, 2019
The Harnett County Board of Commissioners met in regular session on Tuesday, January 22,
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
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. Vice Chairman Howard Penny led
the Pledge of Allegiance and invocation.
Chairman Springle called for any additions or deletions to the published agenda. Mrs. Stewart
asked to remove from the agenda the request for approval of revisions to the Harnett County
Personnel Ordinance. She also said there was no need to hold the public hearing or consider the
proposed ordinance ordering demolition for Case # PP -18-02; Landowner: Karton Properties;
0.36 +1- acres; Pin #0514-26-5034.000; 21 E. Tryon Court in the Anderson Creek Township as
the property owner has already voluntarily demolished the structure. Commissioner Miller
moved to approve the agenda as amended. Vice Chairman Penny seconded the motion, which
passed 4 — 0.
Vice Chairman Penny moved to approve items on the consent agenda. Commissioner McKoy
seconded the motion that passed 4 — 0.
1. Minutes: January 7, 2019 Regular Meeting
January 15, 2019 Work Session
2. Budget Amendments:
29 Aging Department
Code 1105160 526010
1105160 522010
1105160 330210
Office Supplies
Food & Provisions
SHIIP Federal Funds
734 increase
300 increase
1,034 increase
January 22, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 1 of 6
10 Veterans Treatment Court
Code 2504185 539090
2504185 531050
2504185 539090
2504185 330210
30 Health Department
Code 1105110 544000
1105110 549090
1105110 523040
1105110 531050
1105110 504010
1105110 531030
1105110 330210
441 Health Department
Code 1105110 380890
1103800 380840
442 Aging Department
Code 1103800 380840
1103800 380840
443 Aging Department
Code 1105160 330210
1105110 330210
445 Aging Department
Code 1105160 330210
1105110 330310
446 Aging Department
Code 1105160 519090
1105160 330210
587 Aging Department
Code 1105160 528010
1105160 380540
685 Board of Education
Code 4705910 598500
4705910 599000
Other Cost (conference fees)
Training & Meetings
Other Costs (Sandhills)
BJA Grant Funds
Contracted Services
Miscellaneous Expense
Medical Supplies
Training
Contract Travel
Travel — Employee
Child Health -Federal Funds
Other Revenue (Precepting Interns)
Miscellaneous Revenue
Contributions & Donations -Senior
Health
Contributions & Donations -
Miscellaneous
Federal Funding -Senior Health
Federal Funding -Health
Federal Funding -Senior Health
State Funding -Health
Professional Services
General Fund -Senior Health Federal
Special Projects
Family Care Donations
3,085 increase
2,488 increase
5,574 increase
11,147 increase
14,450 increase
2,500 increase
7,965 increase
380 increase
125 increase
125 increase
25,545 increase
10,000 increase
10,000 decrease
15,800 increase
15,800 decrease
570,292 increase
570,292 decrease
247,972 increase
247,972 decrease
500 increase
500 increase
455 increase
455 increase
Interfund Trans — Capital Res 54,045 increase
Contingency 54,045 decrease
January 22, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 2 of 6
688 Board of Education
Code 5905910 555000
5903900 390984
925 General Debt Service
Code 3009100 577000
3009100 576000
3003900 390981
Capital Outlay
Transfers from — Capital Project
Installment Purchase Interest
Installment Purchase Principal
Transfers from General Fund
3. Tax rebates, refunds and releases
54,045 increase
54,045 increase
22,976 increase
625,495 increase
648,471 increase
4. Revised Resolution of the Harnett County Board of Commissioners Declaring Its Intent
to Close Certain Portions of the Unmaintained Rights -of -Way of Senter Street, Betts
Street, and Byrd Street, and changing the called public hearing date to February 18, 2019.
(Attachment 1)
5. Proclamation Supporting Harnett Ag Strong Initiative
6. Harnett County Capital Projects Director requested approval of an award of bid in the
amount of $519,300 to Bolton Construction and Service, LLC from Raleigh, NC for
equipment and installation of a chilled water system replacement for
DSS/Commons/Health Department buildings. The existing chiller and tower are beyond
feasible repair. (Attachment 2)
7. Harnett County Veterans Services requested approval of a new Veterans Services Officer
Position, Pay Grade 20 with a job rate of $47,556 plus benefits. A current Veterans
Services Specialist Position within Veterans Services, Pay Grade 17 with a job rate of
$41,081 plus benefits, will be closed to offset the cost. Contingency funds will be used to
cover the additional cost for the remainder of FY 2019 if needed.
8. Harnett County Development Services requested approval of a new Enforcement Code
Officer I position, Pay Grade 22, $43,692 plus benefits. Contingency funds will be used
to cover the additional cost for the remainder of FY 2019 if needed.
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.
Commissioner Miller moved to approve the appointments listed below. Vice Chairman Penny
seconded the motion that passed 4 - 0.
Adult Care Home Community Advisory Committee
Ursela McLean was reappointed to serve on this committee for a term of three years
expiring February 28, 2022.
January 22, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 3 of 6
Board of Equalization and Review
Chuck Robinson and Robert Smith were reappointed to serve on this Board for a term of
two years expiring February 28, 2021.
Harnett County Public Facilities Corp. Board of Directors
Paula Stewart was reappointed to serve on this Board for a term of one year expiring
November 30, 2019.
Brian Haney was reappointed to serve on this Board for a term of one year expiring
December 31, 2019.
Johnson -Lee -Harnett Community Action Board of Directors
Ursela McLean was reappointed to serve on this Board for a term of two years expiring
February 28, 2021.
Town of Coats Planning Board ETJ Members
Ed Lauder and Robert Barefoot were appointed to serve as ETJ members on the Town of
Coats Planning Board for a term of three years expiring December 31, 2021.
Jay Sikes, Manager of Harnett County Planning Services, petitioned the Board for a public
hearing regarding Proposed Land Use Map Amendment: Case # 1810-0001,
Landowner/Applicant: Bobby & Betty Matthews/ Mark Puryear; 12.6 +/- acres; Pin #0653-29-
8668.000; Land Use Map amendment from Agricultural & Rural Residential to Employment
Mixed Use; Baptist Grove Rd; Hector's Creek Township.
Mr. Sikes noted that this 34.5 acres parcel is zoned RA -40, is currently split by the 2 land use
classifications, and the current use of the whole parcel is vacant farmland. Surrounding land
uses consist of low density single family residences, several residential neighborhoods, with an
Industrial facility to the rear. Services available include Harnett County public water and private
septic tank.
Mr. Sikes stated staff's evaluation as:
The IMPACT to the adjacent property owners and the surrounding community is
reasonable, and the benefits of this Land Use Map amendment outweigh any potential
inconvenience or harm to the community. REASONING: The requested Land Use
classification change to Employment Mixed Use will not have a negative impact on the
surrounding properties as the same classification exists for adjacent properties.
The requested Land Use classification is COMPATIBLE with the existing Land Use
Classification. REASONING: The requested Land Use classification is compatible with
the existing Land Use classification as a portion of this property is currently designated as
such, as well as it's the same classification as adjacent properties to the East.
The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The requested Employment Mixed Use classification would enhance or
January 22, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 4 of 6
maintain the public health, safety and general welfare since the zoning will be maintained
as RA -40 & the propose use is for residential.
The request is NOT for a SMALL SCALE REZONING and should be evaluated for
reasonableness. REASONING: The subject area is immediately adjacent to the
designation of Employment Mixed Use and therefore does not need to be evaluated for
Small Scale amendment.
Suggested Statement -of -Consistency: Staff concludes that the requested Land Use Map
amendment is compatible with Harnett County regulatory documents and would not have an
unreasonable impact on the surrounding community due to the existing Mixed Employment Use
designated on a portion of this property, on the areas adjacent to this property, and along area
corridors. It is recommended that this reclassification request be approved.
Mr. Sikes stated that on December 3, 2018, the Harnett County Planning Board voted
unanimously (4-0) to recommend approval based on adjacent and existing Employment Mixed
Use designation as well as compatibility with the County's Land Use Plan. He noted that two
citizens spoke in opposition during the meeting with concerns about any future rezoning to a
non-residential use, increased residential density and traffic.
Mr. Sikes provided clarification for commissioners. Chairman Springle called to order a public
hearing on the matter and opened the meeting for comments from the public.
- Don Curry with Curry Engineering in Fuquay-Varina address the Board and responded the
plan is for a single-family residential subdivision.
Seeing no one else move, Chairman Springle closed the public hearing. Vice Chairman Penny
moved to approve the Land Use Map amendment as it is compatible with Harnett County
regulatory documents and would not have an unreasonable impact on the surrounding
community due to the existing Employment Mixed Use designation on a portion of this property,
on the areas adjacent to this property, and along area corridors. Commissioner McKoy seconded
the motion that passed 4 — 0.
Randy Baker, Problem Properties Administrator, petitioned the Board for a public hearing
regarding the proposed Ordinance Ordering Demolition: Case # PP -18-01; Landowners: Tarbit
Elem Johnson C/O Tarbart N. Faulk; 0.58 +/- acres; Pin #0654-51-6833.000; 9018 US 401
North; Hector's Creek Township. Mr. Baker briefly reviewed the condemnation process for this
property thus far.
Mr. Baker provided the condemnation staff report including property value assessment/tax
status, building code assessment, site photos and the following staff evaluation:
The single family residential structures that are located on the property have been vacant for
several years. Both show signs of structural damage and neglect that render them in a
condition that is viewed as unsafe and a danger to the general public. A notice of the
dangerous character of the structures have been placed in a conspicuous place on the exterior.
Due to the significate amount of damage that the structures have sustained, it is
recommended that the condemned structures be demolished. The prolonged presence of the
structures is likely to cause or contribute to blight, disease, vagrancy or danger to children.
January 22, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 5 of 6
Mr. Baker noted a large amount of junk materials is currently being stored inside one of the
structures and the vegetation is currently overgrown and restricts the ability to maneuver the
property.
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 Ordinance Authorizing Demolition of 9018 US 401
North (Single -Family Residence & Accessory Structure) and Imposition of Lien to Recover
County Costs. Vice Chairman Penny seconded the motion, which passed 4 — 0. (Attachment 3)
Mrs. Stewart presented the following reports:
- Harnett County Public Health Activities — December 2018
- Harnett County School financials — November & December 2018
Mrs. Stewart also reviewed upcoming meetings and invitations with the Board.
There was no new business.
Commissioner Miller moved that the Board go into closed session for the following purposes:
1) 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
2) To discuss certain personnel matters.
This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(5)&(6).
Vice Chairman Penny seconded the motion that passed 4 - 0.
Vice Chainnan Penny moved that the Board come out of closed session. Commissioner McKoy
Seconded the motion, which passed 4 — 0.
Vice Chairman Penny moved to adjourn the meeting at 6:50 pm. Commissioner Miller seconded
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the motion that passed 4 — 0.
and Penny, Jr., Chairm-n
et Regina
eeler, Clerk
January 22, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 6 of 6
ATTACHMENT 1
A RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS
DECLARING ITS INTENT TO CLOSE CERTAIN PORTIONS OF THE
UNMAINTAINED RIGHTS-OF-WAY OF SENTER STREET, BETTS STREET, AND
BYRD STREET, AND CALLING A PUBLIC HEARING ON THE QUESTION
WHEREAS, Harnett County received a request for the closure of certain portions of the
following unmaintained rights-of-way: (i) Senter Street between the Northern and Southern
Railroad right-of-way and U.S. Highway 401; (ii) Betts Street between the Northern and Southern
Railroad right-of-way and U.S. Highway 401; and (iii) Byrd Street between the northern line of
the Betts Street right-of-way and the southern line of the Senter Street right-of-way; and
WHEREAS, the portions of the unmaintained rights-of-way to be closed are the areas within
the diagonal lines shown on Exhibit A attached hereto and incorporated herein; and
WHEREAS, the Harnett County Board of Commissioners (hereinafter referred to as the
"Board") is advised that all abutting properties have existing access to and from public streets and
closure of the right-of-way sections in question would not deprive any property owner of
reasonable means of ingress and egress.
WHEREAS, the provisions of North Carolina General Statute § 153A-241 require that a
resolution be adopted by the Board declaring the intent of the Board to close such right-of-way
and to call a public hearing to hear all interested persons who appear with respect to whether the
closure would be detrimental to the public interest or to any individual property rights.
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners
that the Board hereby declares its intent to consider closing certain portions of the following
unmaintained rights-of-way: (i) Senter Street between the Northern and Southern Railroad right-
of-way and U.S. Highway 401; (ii) Betts Street between the Northern and Southern Railroad right-
of-way and U.S. Highway 401; and (iii) Byrd Street between the northern line of the Betts Street
right-of-way and the southern line of the Senter Street right-of-way.
BE IT FURTHER RESOLVED that the Board calls a Public Hearing at 6:00 pm on Monday,
February 18, 2019 in the County Administration Building at 420 McKinney Parkway, Lillington,
North Carolina 27546 to hear all interested persons who appear with respect to whether the closure
of said rights-of-way would be detrimental to the public interest or to any individual property
rights, and hereby authorizes the Harnett County Manager, at the expense of the applicant, to
arrange publication, posting, and mailing of notices of the Public Hearing as required by law.
This resolution shall be effective upon adoption.
Attest:
Adopted this the 22nd day of January, 201
Chairman, arnett County B
et Regina eeler, Clerk to the Board
www.harnett.org
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ATTACHMENT 3
Harnett
COUNTY
NORTH CAROLINA
www.harnett.org
ORDINANCE AUTHORIZING DEMOLITION OF 9018 US 401 NORTH (SINGLE-FAMILY
RESIDENCE & ACCESSORY STRUCTURE) AND IMPOSITION OF LIEN TO RECOVER
COUNTY COSTS
WHEREAS, the County of Harnett has received complaints about life safety issues and potential
code violations on the single-family residence and an accessory structure located at 9018 US 401
North, Fuquay Varina, NC, owned by Tarbit E. Johnson c/o Tarbart N. Faulk through deed
recorded in Book 404, Page 21, of the Harnett County Registry, and
WHEREAS, the concerns identified have included structural deterioration and collapse, water
intrusion, and other code violations that present clear life safety issues, and
WHEREAS, on February 27, 2018, the structures located at 9018 US 401 North were posted in a
conspicuous place as unsafe and a certified letter was sent to the owner, Tarbit E. Johnson c/o
Tarbart N. Faulk on March 1, 2018 to order the structures not to be occupied, and to advise the
owner of the opportunity to present evidence concerning the structures at a hearing, which was
scheduled for March 7, 2018, and
WHEREAS, County staff conducted a hearing on March 7, 2018 in accordance with N.C.G.S.
153A-368, and the owners, persons in interest, agents or attorneys did not submit evidence that
would dispute the assessment of the structures, and
WHEREAS, based on the examination of the structures and the absence of evidence or argument
from Tarbart N. Faulk, the agent representing the property located at 9018 US 401 North, a
formal order was issued to demolish the structures on March 8, 2018, and a deadline of May 11,
2018 to demolish the structures was established as required by N.C.G.S. 153A-369, and
WHEREAS, Tarbart N. Faulk, the agent representing the property located at 9018 US 401 North,
did not appeal the March 8, 2018 order to the Harnett County Board of Commissioners, and
WHEREAS, no significant progress has occurred to demolish the structures, and it remains in a
similar condition as noted in February 2018, and
WHEREAS, in the interest of the public health, safety, and welfare, and despite the efforts by
Harnett County staff to resolve the outstanding life safety concerns, and as a result of the owner
having failed to comply with the order to demolish within the prescribe timeframe, the County
has determined that it is now necessary for the County to proceed with the demolition of the
single-family residence and the accessory structure at 9018 US 401 North, Fuquay Varina, NC,
and
WHEREAS, the County has solicited bids for the demolition of the structures, and the low bid is
the sum of $6,250.00 for the demolition and removal of debris and materials of the single-family
residence and the accessory structure, and
strong roots • new growth
WHEREAS, the cost incurred by the County shall be a lien against the owner, Tarbit E. Johnson
c/o Tarbart N. Faulk, and the real property located at 9018 US 401 North, Fuquay Varina, NC as
conveyed to owner in Book 404, Page 21, Harnett County Registry, and the County shall sell any
usable materials and personal property, fixtures, and appurtenances found in or attached to the
structure and credit the proceeds of the sale toward the costs and account to the owner,
NOW, THEREFORE BE IT ORDAINED by the Harnett County Board of Commissioners that:
Section 1. Due to significant life safety concerns and pursuant to N.C.G.S. 153A-372,
the demolition of the single-family residential structure and accessory structure at 9018 US 401
North, Fuquay Varina, NC, (PIN 0654-51-6833.000) is hereby authorized, and County staff shall
contract for and carry out the demolition and removal of the structures in accordance with the
terms of this Ordinance.
Section 2. Pursuant to N.C.G.S. 153A-372, and N.C.G.S. 153A-200, a lien equal to the
amount of the County's cost associated with the demolition and removal, less any credits due the
owner, shall be imposed against the real property located at 9018 US 401 North, and the costs
shall be repaid to the County within 30 days following demolition and removal of the single-
family residential structure and accessory structure. If the County does not receive payment for
said costs within 30 days, then all costs not paid to the County within 30 days shall accrue
interest at a rate of 8% per annum and said interest shall be added to the amount of the lien
imposed, and the County is authorized to foreclose its lien and recover all costs associated
therewith including attorney's fees and court costs.
Section 3. County shall sell the usable materials of the dwelling and credit the proceeds
against the cost of demolition and removal. If a surplus remains after the sale of materials and
satisfaction of the cost of removal or demolition, County shall deposit the surplus in the Superior
Court where it shall be secured and disbursed by the Court to the person found to be entitled
thereto by final order or decree of the Court.
Section 4. A certified copy of the Resolution and Ordinance be recorded in the Office of
the Harnett County Register of Deeds.
Section 5. This Ordinance shall become effective upon its adoption.
Adopted this the 22nd day of January, 2019.
ATTEST:
HARNETT COUNTY BOARD OF COMMISSIONERS
t Gina Whee , Clerk to the Board
www.harnett.org
Gordon Sp