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092115mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting September 21, 2015 The Harnett County Board of Commissioners met in regular session on Monday, September 21, 2015, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Jim Burgin, Chairman Gordon Springle, Vice Chairman Abe Elmore, Commissioner Barbara McKoy, Commissioner Joe Miller, Commissioner Joseph Jeffries, County Manager Paula Stewart, Deputy County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Chairman Burgin called the meeting to order at 9:00 am. Commissioner Miller led the pledge of allegiance and invocation. Chairman Burgin called for additions and deletions to the published agenda. Commissioner Elmore moved to approve the agenda as presented. Commissioner Miller seconded the motion which passed unanimously. Vice Chairman Springle moved to approve the following items listed on the consent agenda. Commissioner Elmore seconded the motion which passed unanimously. 1. 2. Minutes: September 8, 2015 Regular Meeting Budget Amendments: 66 Planning Services Code 110-7210-465.45-36 110-7210-465.45-36 110-0000-334.83-04 110-0000-399.00-00 110-0000-389.54.39 Abandoned Mobile Home Removal Abandoned Mobile Home Removal DENR Abandoned Manufactured Home Fund Balance Appropriated Interfund Transfer 73 Cooperative Extension Code 110-7310-465.33-45 Contracted Services 110-0000-353.73-10 Revenue — Parents as Teachers 3,625 decrease 7,500 increase 7,500 decrease 3,875 increase 7,500 increase 426 increase 426 increase September 21, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 6 74 Cooperative Extension Code 110-0000-344.11-00 110-0000-344.13-00 75 Airport Capital Reserves Code 301-8300-406.90-03 301-0000-389.10-00 76 Wings over Harnett Code 212-6500-406.33-45 212-6500-406.33-50 212-6500-406.54-26 212-6500-406.60-33 212-0000-353.65-01 Family Consumer Science Program Community Rural Development CP 1302 Capital Project Interfund Transfer General Fund Contracted Services Contracted Services (Miscellaneous) Advertising Materials & Supplies Airport/Wings over Harnett 78 Airport Code 110-6500-406.74-74 Capital Outlay 110-0000-399.00-00 Fund Balance Appropriated 80 Health Department Code 110-7501-441.32-11 110-7510-441.32-10 110-7550-441.32-26 110-7550-441.33-45 110-7550-441.41-11 110-7550-441.43-16 110-7550-441.55-12 110-7550-441.58-01 110-7550-441.58-14 110-7550-441.60-33 110-7550-441.60-47 110-7550-441.60-54 110-0000-399.00-00 81 Health Department Code 110-7600-441.33-45 110-0000-399.00-00 83 Sheriff's Office Code 110-5103-420.36-12 110-0000-331.51-33 Family Care Support Recognition Incentives Contracted Services Telephone & Postage Maintenance & Repair Equipment Printing Training Travel Materials & Supplies Food & Provisions Materials & Supplies Clients Fund Balance Appropriated Contracted Services Fund Balance Appropriated 2015 Edward Byrne Grant 2015 Edward Byrne Grant 3. Tax refunds, rebates and release (Attachment 1) 4,000 increase 4,000 decrease 43,334 increase 43,334 increase 4,520 increase 1,108 increase 948 increase 949 increase 7,525 increase 25,000 increase 25,000 increase 35 increase 775 increase 3,000 increase 7,000 increase 1,000 increase 5,000 increase 3,000 increase 4,000 increase 5,000 increase 5,000 increase 2,191 increase 7,000 increase 43,001 increase 175,003 increase 175,003 increase 22,153 increase 22,153 increase September 21, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 6 4. Sheriff's Office requested approval to trade in eight (8) H&K Mp5s 9mm sub machine guns for eight (8) River Rock arm LAR 9mm sub machine guns. 5. Sheriff's Office requested approval to accept a grant in the amount of $22,153 from the Office of Justice Program under the FY 2015 Edward Byrne Memorial Justice Assistance Grant Program. The funds will be used to purchase mobile computers and software for patrol deputies. There is no local match required. 6. Planning Services requested approval of the Interlocal Agreement with the Town of Erwin, in reference to Errol Drive and the Mobile Home Park Bailey Parker Court (aka Kimber Mobile Home Park) to give Harnett County Planning Services authority for all planning and development related functions within this portion of the Town of Erwin's extraterritorial jurisdiction. 7. General Services requested approval of a new staffing plan to add 10 full-time transit driver positions and increase the hourly pay rate to salary grade 54 for full-time and part- time transit driver positions effective January 1, 2016. These changes are needed to meet an ever increasing demand for transit service and ensure transit driver salaries are competitive with like industries in the surrounding region. 8. Resolution Authorizing Reallocation of the County's Qualified Energy Conservation Bond Allocation to the North Carolina Agricultural Finance Authority. (Attachment 2) Chairman Burgin opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. - Kris Nystrom of 391 Center Lane in Bunnlevel said the Harnett County library system in the Anderson Creek Area shares the primary school and causes a lot of issues. Mr. Nystrom said he thinks it would do better to separate the library and the school system pretty far apart. He did say his wife works part time for the library. Mr. Nystrom suggested putting a library at the Anderson Creek Park on Nursery Road. He said libraries are very important to citizens. Mr. Nystrom also said we need to stop the bleeding of our sales taxes going to other counties. Chairman Burgin responded that the board is working on some things down there right now and believes Mr. Nystrom will be happy with the outcome. He also noted that the state budget passed last week and Harnett County is supposed to get back an additional $3.7 Million from taxes from all of the money spent outside of the county. Chairman Burgin recognized scouts present from Troop 750 who are working on their "Citizenship in the Community" merit badge. September 21, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 6 Vice Chairman Springle moved to approve the appointments listed below. Commissioner Elmore seconded the motion which passed unanimously. HARNETT COUNTY BOARD OF ADJUSTMENT Joseph T. Bowden II (nominated by Vice Chairman Springle) was appointed to serve on this board as a regular member representing District 2 for a term of three years expiring September 30, 2018. NON PROFIT COMMITTEE - Bob Woolston (nominated by Commissioner Miller) was appointed to serve on this committee representing District 5. — Kathy Baker (nominated by Vice Chairman Springle) was appointed to serve on this committee representing District 4. — Dan Hickman (nominated by Chairman Burgin) was appointed to serve on this committee representing District 3. — Lucia Turlington (nominated by Commissioner Elmore) was appointed to serve on this committee representing District 2. LOCAL FIREMEN'S RELIEF FUND The following appointments were made for Anderson Creek Emergency Services Elizabeth Rodriguez Robby Fink Angier & Black River Fire Department Jody Milliron Harold Flowers, Jr. Benhaven Emergency Services Gary Briggs Margaret H. Douglas Boone Trail Emergency Vernon Cox Donald O'Quinn Buies Creek Rural Fire Department Waymon Byrd Marshal Kornegay Coats -Grove Fire and Rescue, Inc. Todd Pope Jay Smith Dunn Emergency Services (Averasboro) Johnnie W. Blackman Ricky L. Knuckles Local Firemen's Relief Fund Trustees: Erwin Fire Department Ricky Blackmon John Wilkins Flat Branch Volunteer Fire De Larry Adams Holt Felment Lillington Fire Department (Flatwoods) Dan Denning Marshall Page Northwest Harnett Fire Department Craig McKinney Richard Braswell Spout Springs Emergency Services George Williams Robert Doberstein Summerville/Bunnlevel Fire & Rescue, Inc. Harry Koerner Jackson Byrd ?artment September 21, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 6 Mark Locklear, Planning Services Director, petitioned the board for a public hearing regarding a proposed zoning change - Landowner/Applicant: Sylvia McLamb, Tina McLamb, McLamb V Arabian Farm, LLC; 14.4 +/- acres (consisting of 3 parcels) Pin #'s 1528-64-5928.000; 1528-65- 3286.000 & 1528-65-7026.000; From Industrial to RA -30 Zoning District; Off US Hwy 301 North (on Bryan McLamb Lane); Averasboro Township. Mr. Locklear reported current uses on the site are residential and farm & agricultural and the surrounding land uses are farmland, low density residential, industrial and commercial. Public water services are available and they rely on private septic tank for sewer. On September 8, 2015, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of this rezoning application based on the compatibility to the surrounding properties as well as adjacent zoning district. Mr. Locklear stated staff 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 neighboring zoning. 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 Municipal Growth area. As per the existing plan, a Municipal Growth area is meant to encourage uses that would promote a city/town based development. 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. - This request is NOT for a SMALL SCALE REZONING and should not be evaluated for reasonableness. REASONING: The proposed rezoning to RA -30 is immediately adjacent to RA -30 zoned land, thus the application does not need to be considered a Small Scale Rezoning. Suggested Statement -of -Consistency: Staff concludes that, as stated in the evaluation, 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 because of the existing residential uses on site as well as within the area and the compatibility with neighboring zoning districts. It is recommended that this rezoning request be approved. Chairman Burgin called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move Chairman Burgin closed the public hearing. Commissioner Elmore moved to approve the zoning change as requested. Commissioner McKoy seconded the motion which passed unanimously. Mr. Jeffries presented the following reports: - Public Health Activities Summary — August 2015 - Harnett County Planning Services Report — August 2015 - Interdepartmental budget amendments September 21, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 6 Mr. Jeffries noted he would be in class in Chapel Hill on Thursday and Friday. He reported a good turnout for Harnett County's recent 5K. Mr. Jeffries confirmed that the board would meet with Ted Abernathy regarding public private -partnerships on October 27, 2015. Chairman Burgin called for any new business. Commissioner Miller said the county needs to do something about littering and suggested the use of prisoners to clean up road sides. He believes if we could get this program up and running the prisoners could possibly help clean up yards for the elderly too. Discussion continued. Mr. Jeffries will talk with NCDOT Keith Anderson and follow-up with the Board. Commissioner Miller asked about the 45 acres land transfer to the school system. Mr. Jeffries noted the land transfer would be discussed at the upcoming work session with consideration for approval at the October 5, 2015 regular meeting. He also noted the land had already been surveyed. There was no need for closed session. Commissioner Elmore moved to adjourn the meeting at 7:22 pm. Commissioner Miller seconded the motion which passed un J. Burgin, Cha t Regina eeler, Clerk September 21, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 6 ATTACHMENT 1 Date : 09/21/2015 •Approved by the Harnett County Board of Comrr.i*ciof>Ieft Approve" C ADC, l ^ / -'5 TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES No. Name of Tax Payer Bili8,°R(,1i` Total Kagsi Reason colP:,:rinttfes Ref:P-ri altos 1 AGLE, MATTHEW TPAYER PAID TAXES GORDON WHEN QUALIFIED FOR RIZZO, CAITLIN ANN ACTIVE DUTY NON City 0.00 RESIDENT 99.87 Refund MILITARY;REQUESTEC REFUND (ETSA:888888/ST:WA) 2 AGLE, MATTHEW GORDON RIZZO, CAITLIN ANN 3 COLEMAN, LINWOOD J S. KEITH FAULKNER Revenue Administrator CC: S. KEITH FAULKNER 0001981063- 2012- 2012- 000000 0001981063- 2013- 2013- 000000 0000011765- 2015- 2015- 000000 County 99.87 City 0.00 County 94.04 City 0.00 94.04 Refund TPAYER PAID TAXES WHEN QUALIFIED FOR ACTIVE DUTY NON RESIDENT MILITARY;REQUESTEC REFUND (ETSA:888888/ST:WA) 169.71 Refund BUILDING BURNED County 70.00 AND DEMOLISHED 2014 -REMOVED FOR 2015 AND 1 SW FEE City Total 0.00 County Total 263.91 Total to be 263.91 Refunded ATTACHMENT 2 HARNETT COUNTY BOARD OF COMMISSIONERS Excerpt of Minutes of Meeting on September 21, 2015 Present: Chairman Jim Burgin presiding, Vice Chairman Gordon Springle and Commissioners Abe Elmore, Barbara McKoy and Joe Miller Absent: N/A * * * * * * * * * * The following resolution was discussed and its title was read: RESOLUTION AUTHORIZING REALLOCATION OF THE COUNTY'S QUALIFIED ENERGY CONSERVATION BOND ALLOCATION TO THE NORTH CAROLINA AGRICULTURAL FINANCE AUTHORITY WHEREAS, Section 54D of the Internal Revenue Code of 1986, as amended (the "Code") authorizes the issuance of qualified energy conservations bonds ("QECBs") to finance a wide range of renewable energy and energy conservation facilities, all as described in the Code ("Qualified Conservation Purposes"); and WHEREAS, under the American Recovery and Reinvestment Act of 2009 ("ARRA") the total amount of QECBs authorized was increased to $3.2 billion, which was then allocated to each state based on population; and WHEREAS, the State of North Carolina received $95,677,000 in QECB allocation, which was then reallocated by the North Carolina Tax Reform Allocation Committee ("TRAC") in accordance with Section 54D of the Code and IRS Notice 2009-29 to "large local governments" (i.e. cities and counties with more than 100,000 in population); and WHEREAS, Harnett County qualifies as a "large local government," and as part of the reallocation process, the Harnett County received from TRAC $1,146,405 in QECB allocation (the "Harnett QECB Allocation"); and WHEREAS, Harnett County does not anticipate using its QECB allocation for a Qualified Conservation Purpose; and WHEREAS, IRS Notice 2009-29 provides that "large local governments" that receive an allocation to issue QECBs are authorized to reallocate such QECB allocation to another eligible issuer, provided that the QECB allocation is used to finance a qualifying project within the jurisdiction of the large local government; and WHEREAS, the North Carolina Agricultural Finance Authority (the "Authority") has requested that Harnett County reallocate its QECB allocation to the Authority to be used by the Authority in its Green Community Program to provide a portion of the financing for energy projects to be located entirely within the jurisdiction of Harnett County, and the County desires to make such reallocation in order to facilitate such projects within the jurisdiction of the County; NOW THEREFORE BE IT RESOLVED, by the Harnett County Board of Commissioners that the County hereby reallocates the Harnett QECB Allocation to the Authority to be used in its Green Community Program to finance one or more energy projects located in Harnett County. To the extent the North Carolina Agricultural Finance Authority does not use such allocation within one year of the date of this resolution through the issuance of qualified energy conservation bonds, such Harnett QECB Allocation shall revert to the County to be used by the County or to be reallocated for another purpose. The officers of the County are hereby authorized and directed to take such action and file such reports and notices as may be required to carry out this resolution. Vice Chairman Springle moved the passage of the foregoing resolution, Commissioner Elmore seconded the motion, and the resolution was passed by the following vote: Ayes: 5 Nays: 0 Not Voting: N/A ********** I, Margaret Regina Wheeler, Clerk to the Board of Commissioners for Harnett County, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and complete copy of so much of the proceedings of the Board of Commissioners for said County at a regular meeting duly called and held June 15, 2015, as it relates in any way to the resolution hereinabove set forth. Pursuant to G.S. § 143-318.12, a current copy of a schedule of regular meetings of the Board of Commissioners for said County is on file in my office. WITNESS my hand and the common seal of said County, this 21' day of September, 2015. (SEAL) 2 53251.000012 EMF Us 55734653v2 I+ arg. et Regina eeler Clerk o the Boar f Commissioners H. = County, North Carolina