081517wsmHARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Work Session
August 15, 2017
The Harnett County Board of Commissioners met in work session on Tuesday, August 15, 2017,
in the County Manager's Conference 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
The following agenda was before commissioners:
D Development Services:
1) Problem Property — Code Compliance/Legal Assistance
2) Proposed Rezoning — Williams Property on US 401 South
3) Public Hearing: Landowner/Applicant: Milton Enterprises, Inc /
Stephen Milton; 23.64 +/- acres; Pin # 0642-72-4441.000; From RA -40 to
RA -30 Zoning District; SR # 1412 (Christian Light Road); Hector's
Creek Township
• Anderson Creek Landfill — Johnson Cemetery
D Emergency Services:
1) Study Briefing
2) Introduction of the EMS Funding Mechanism concept for the EMS
Departments
D Update on Occupancy Tax Legislation
D County Manager's Report:
Update on next steps for DSS/Veterans Building
Golden Leaf grant opportunities
Headstart Lease Agreement
Proclamation Supporting Marsy's Law for North Carolina
- Update on upcoming Opioid Forum
- August 21, 2017 Agenda Review
D Closed session
D Adjourn
August 15, 2017 Work Session Minutes
Harnett County Board of Commissioners
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Chairman Springle called the meeting to order at 9:00 am. Vice Chairman Miller led the Pledge
of Allegiance and invocation.
Randy Baker, Assistant Manager of Planning Services and Problem Property Administrator,
provided the following update regarding a problem property:
VIOLATION: Article V, Section 1.0, Sub -Section 1.2 (Junkyard)
Article V, Section 4.0, Sub -Section 4.2 (Junk Motor Vehicles — on private
property)
Case file reflects a continuing violation of the land use regulations of the Unified
Development Ordinance. A compliance officer has engaged in notification and
enforcement actions with the property owner since September 2016. To this date
the owner of the property has refused to render compliance after receiving
notifications to abate the property as well as multiple civil citations. Citations
and late penalties totaling $625.00 have not been paid at this time. Enforcement
actions to remedy the violation from the staff level have been exhausted. The
parcel size is .56 acres, DWMH structure type located in Overview Estates
Subdivision in the Barbeque Township.
Mr. Baker announced the passing of NC House Bill 530, Session Law 2017-109, AN ACT
GRANTING COUNTIES THE SAME AUTHORITY AS CITIES TO DECLARE CERTAIN
BUILDINGS OR STRUCTURES UNSAFE AND TO REMOVE OR DEMOLISH UNSAFE
BUILDINGS OR STRUCTURES AND TO PLACE A LIEN ON THE OWNER'S REAL
PROPERTY FOR THE COSTS INCURRED. He said the bill allows the county board the same
authority as a municipal board when it comes to condemnation and demolition of structures. The
Board can now designate an "area" as being in special need of revitalization for the benefit and
welfare of its citizens. Mr. Baker said with the new legislation, staff will no longer have to go to
the court system once they have exercised all of their abilities under the condemnation
proceedings. Staff will now come before the Board of Commissioners following condemnation
proceedings. Legislation states "A county may expand subsections (b) and (c) of this section to
apply to residential buildings by adopting an ordinance. Before adopting the ordinance, the
county shall hold a public hearing and shall provide notice of the public hearing at least 10 days
in advance of the hearing". Mr. Baker reviewed the complete process and discussions continued.
Mark Locklear, Director of Development Services, in reference to the request to waive rezoning
fees for the Williams property located on US Hwy 401 South, noted that the June 2000 zoning
maps indicate that this property is zoned Industrial. He said as far as staff can tell this property
has been zoned Industrial since zoning was originally adopted in this area. Mr. Locklear said the
family who recently inherited the land contend that they, nor their mother, were ever informed
that the land was zoned industrial when zoning was originally adopted, and that they never
consented to having this type of zoning placed on their property. The Williams Family has been
advised if they go through the rezoning process the fee is $250 for the first 10 acres and $50/acre
thereafter. Anthony Williams and Garland Williams have both written letters to the Board
requesting that their rezoning fees be waived. Discussions continued. It was the consensus of
the Board to consider denying the request for waiver of rezoning fees, totaling $1,580, as part of
the consent agenda at their upcoming regular meeting.
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Harnett County Board of Commissioners
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Mr. Locklear briefly reviewed the following application coming before the Board on August 21,
2017: Landowner/Applicant: Milton Enterprises, Inc. / Stephen Milton; 23.64 +/- acres; Pin #
0642-72-4441.000; From RA -40 to RA -30 Zoning District; SR # 1412 (Christian Light Road);
Hector's Creek Township. Mr. Locklear stated Development Services staff recommends
approval based on the adjacent zoning compatibility as well as the Land Use Plan. On August 7,
2017, the Harnett County Planning Board voted unanimously (4-0) to recommend approval
based on proposed use of single family residential therefore maintaining the compatibility
between RA -40 and RA -30. Staff said this rezoning would allow for smaller lots. Mr. Locklear
said no one attended the meeting in opposition but his office did receive a few calls asking if
manufactured homes could be allowed.
Amanda Bader, County Engineer, told the Board that an old cemetery had been discovered at the
Anderson Creek Landfill. She said there was no disclosure of the Johnson Cemetery when the
County purchased the property in the 1980s. Mrs. Bader said the graves must be relocated in
order for us to maintain our capacity at the landfill. She detailed the due diligence regarding the
abandoned cemetery thus far. The cemetery is currently protected by silt fences along the active
property at the landfill. Mrs. Bader said the County has hired an archeologist to find any
descendants. She noted a resolution would be forthcoming for consideration by the
commissioners to allow the relocation of the graves. If approved, Mrs. Bader would like to
create a devotional garden at the new gravesite. She said it would cost $1,200 to relocate each
grave. Commissioner asked staff to do whatever they could do to make the public aware and
help them understand this process.
Jimmy Riddle, Director of Emergency Services, said they have wanted to do an extensive
comprehensive Emergency Services study in the county for a long time. Emergency Medical
Services Chief Ricky Denning and Fire Marshal Bill Lamm were also present. Mr. Riddle said
they formed a committee of fire chiefs and County division heads to come up with what they feel
our issues are in hopes of putting together a good plan for Emergency Services in Harnett
County. Mr. Riddle reviewed the following topics included in the upcoming Harnett County
Emergency Services Study: 1) Equipment, 2) Staffing, 3) Districts/Stations, 4) Response, 5)
Future Population Growth, 6) Contracts/S.O.G./Operations, 7) Communications, 8) Training, 9)
Budget/Tax Districts/Funding Mechanisms, 10) Public Utilities and 11) Other Needs.
Mr. Riddle introduced the EMS Funding Mechanism concept for the EMS Departments. He
explained the EMS Enhanced Federal Medicaid Settlement Program is an annual cost reporting
program administered by the North Carolina Association of County Commissioners that allows
for reimbursement of a portion of participating units annual operational cost as they relate to
Medicaid eligible emergency ambulance services. Mr. Riddle said at this time this program is
recouped by Harnett County Finance Department for Harnett County E.M.S. units only. He
proposed that other Harnett County E.M.S. squads also become eligible to gain this
reimbursement to offset the rising costs to provide emergency medical services. Mr. Riddle said
in order to accomplish this, each squad would be required to lease their E.M.S. units to Harnett
County on an annual basis. Finance would then file for these incident responses in the fall of
each year with the reimbursements appropriated back to the County in the following spring of
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Harnett County Board of Commissioners
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the next year. Mr. Riddle said the chiefs are receptive to the idea and staff have been working
with our legal department to prepare a lease agreement. He said the County would hold a 5%
administrative fee per district. It was the consensus of the Board that staff move forward with
this concept. Mr. Riddle will provide Commissioner Penny with a list of all equipment by
district.
Brian Haney, Director of Governmental Relations, provided an updated on Senate Bill 552,
Session Law 2017-202, AN ACT TO MAKE VARIOUS OCCUPANCY TAX CHANGES
AFFECTING THE CITIES OF SANFORD, SALUDA, JACKSONVILLE, HICKORY, AND
CONOVER AND AFFECTING THE COUNTIES OF HARNETT, SAMPSON, YADKIN,
AND ROWAN. Portions of the bill read:
- The Harnett County District H is created as a taxing district. Its jurisdiction consists
of all of Harnett County exclusive of the Averasboro Township.
The Harnett County Board of Commissioners shall serve ex officio as the governing
body of the district and the officers of the board of commissioners shall serve as the
governing body of the district.
The governing body of Harnett County District may levy a room occupancy tax of up
to six percent (6%) of the 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 district that is subject to sales tax imposed by the State under G.S. 105-
164.4(a)(3). This tax is in addition to any State or local sales or room occupancy tax.
Harnett County District H shall, on a quarterly basis, remit the net proceeds of the
occupancy tax to the Harnett County District H Tourism Development Authority. The
Harnett County District H Tourism Development Authority shall use at least two-
thirds of the proceeds to promote travel and tourism and shall use the remainder for
tourism -related expenditures in the district.
The governing body of Harnett County District H must adopt a resolution levying a
room occupancy tax under this act.
The governing body of Harnett County District H must also adopt a resolution creating
the Harnett County District H Tourism Development Authority, which shall be a
public authority under the Local Government Budget and Fiscal Control Act. The
resolution shall provide for the membership of the Authority, including the members'
terms of office, and for the filling of vacancies on the Authority.
The Finance Officer for Harnett County shall be the ex officio finance officer of the
Authority.
Mr. Haney updated the group on the Golden Leaf Foundation Community Based Grants
Initiative FY 2018. He noted a large group from Harnett County attended the briefing on the
CBGI process for the North Central Prosperity Zone. The Foundation has budgeted $11 million
for this Initiative in FY 2018 and goals of the program include: 1) providing for clearly identified
priorities/solving needs at local level, 2) for those with competitive projects, awarding significant
grants per county (up to $1.5 million, 3) Targeting communities that are the most in need, 4)
promoting economic growth and development in long term, and 5) doing the most good for the
most people.
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Harnett County Board of Commissioners
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Mr. Haney noted counties may submit between 1-3 Letters of Inquiry for project ideas that total
no more than $1.5 million by October 20, 2017. Only project ideas endorsed by the county
manager will receive consideration but not all counties, nor all project ideas, will receive
funding. Twenty (20) percent of the total project cost must come from other sources. Projects
will not have to be administered by county government. Full grant proposal packages are due by
January 19, 2018 for those invited to apply with the Golden Leaf Board voting on full proposals
from North Central on April 5, 2018. Mr. Haney recommended that Administration create a
rubric grade and then ask the Economic Development Council to review and grade the proposals
to make recommendations to the County Manager. The group discussed possible ideas. It was
the consensus of the Board to involve the Economic Development Council in grading the
proposals.
Mr. Haney provided an updated on the HeadStart lease agreement and sought a lease amount
from the Board. Discussions continued. Commissioner McKoy will talk to Marie Watson
regarding a recommended rental rate and get back with the Board
Mr. Haney announced the Harnett County Leadership Forum on Opioid Abuse is scheduled for
Wednesday, September 20, 2017 from 10 am until 1:00 pm in the Commons Area with lunch
provided.
Chairman Springle mentioned the proposed proclamation supporting Marsy's Law for North
Carolina. He said the law protects the victims of violent crimes. Chairman Springle said Sheriff
Coats supports the commissioners approving the proposed proclamation however the Sheriff's
Association would like to make some minor changes to the proposed bill. It was the consensus
of Board to consider the proposed proclamation for approval during their upcoming regular
meeting.
Mr. Jeffries reviewed the proposed August 21, 2017 agenda.
Mrs. Bader provided an updated on the construction of a new DSS/Veterans Building. She said
staff has issued an RFQ (request of qualifications) for an engineering firm with plans to proposed
award of bid on September 5, 2017. She noted the property behind the courthouse is currently
being surveyed and staff will look at site circulation through the governmental complex to see if
an additional entrance is needed. Mr. Bader said the next step would be to modify the existing
DSS Building with the complete project costing $15 to $20 million. She said a project ordinance
is forthcoming. Mrs. Stewart said the goal is to get all county departments at the governmental
complex. Discussions continued. Mr. Jeffries reminded the Board that DSS will pay about a
fourth of the debt payment for the 77,000 square foot facility over 20 years. Staff listed cost
savings that will be incurred as well as other benefits of shared spaces among departments. Staff
will keep the Board updated throughout this process.
Commissioners would like to celebrate the Dunn Angels 10 and under girls' softball team's
championship during an upcoming meeting. The Angels won the Dixie Youth World Series
Championship in Louisiana earlier this month.
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Harnett County Board of Commissioners
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Commissioners Springle and McKoy gave a brief report from the recent NCACC Annual
Conference where they said there were a lot of good sessions and information shared.
Vice Chairman Miller moved that the Board go into closed session for the following purposes:
1) To consult with the County's legal staff in order to preserve the attorney-client privilege
concerning the handling of certain claims and litigation including the following case:
a) PF Development Group, LLC vs County of Harnett
Harnett County File No. 17 CVS 1361; and
2) To discuss the potential acquisition of real property.
This motion is made pursuant to N.C. General Statute Section 143-318.11(a)&(3)&(5).
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.
Chairman Springle said the Board of Commissioners have statutory authority to approve the
Board of Education salaries and directed staff to let the Board of Education know they must
submit their salary increase request, in writing, to the Board of Commission Commissioner for
consideration/approval. Chairman Springle also said he has asked Mr. Jeffries to invite the
Board of Education, or their representative, to the upcoming work session to present and discuss
their request.
Regarding the July 27, 2017 letter from Chairman Bill Morris and Superintendent Aaron
Fleming requesting funding for a new replacement school for Erwin Elementary School,
Chairman Springle said he believes we need to respond that we are not interested as the school
has not be included in any submitted plans. He also said he doesn't believe we need to meet
jointly with the Board of Education until they have submitted a plan for schools. Commissioner
McKoy said she understands other counties are having the same problems we are having.
Commissioners believe they should go by the report we have as to the next school to be built.
Results from a new ORAD study is forthcoming.
Vice Chairman Miller shared a map showing all school locations, ADM capacity and ADM
enrollment. Commissioners believe the School Board should look at how to expand, upgrade
and improve existing schools instead of always wanting to build new schools. Commissioners
stressed the need for a plan and continued to discuss school capacities.
Chairman Springle said he has asked Mr. Jeffries to talk to Superintendent Fleming, share our
concerns and help us understand Consensus of Board
Commissioner Elmore moved to adjourn the meeting at 12:50 pm. Vice Chairman Miller
seconded the motion, which passed un
t Regina j eeler, Clerk
August 15, 2017 Work Session Minutes
Harnett County Board of Commissioners
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