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021521mHARNETT COUNTY BOARD OF COMMISSIONERS Regular Meeting Minutes February 15, 2021 The Harnett County Board of Commissioners met in regular session on Monday, February 15, 2021 at 6:00 pm, in the Commissioners Meeting Room, Harnett County Resource Center and Library, 455 McKinney Parkway, Lillington, North Carolina. Due to COVID-19 this meeting was open to a limited number of the public to attend in person and citizens and staff were provided options to listen to the meeting live. Members present: W. Brooks Matthews, Chairman Lewis W. Weatherspoon, Vice Chairman Mark B. Johnson, Commissioner Matt B. Nicol, Commissioner Staff present: Paula K. Stewart, County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Lindsey Lucas, Deputy Clerk Chairman Matthews called the meeting to order at 6:00 pm and Vice Chairman Weatherspoon led the Pledge of Allegiance and invocation. Chairman Matthews called for any additions or deletions to the published agenda. County Manager, Paula Stewart, suggested the Board consider removing agenda item 4L -Harnett County Finance Officer requests approval of the Town of Angier ABC Board's request for reimbursement of their overpayment in rehabilitation contribution (bottle tax) in the amount of $4,925.45 and also remove Budget Amendment 207B from item 4B. Mrs. Stewart suggests adding 4L-Hamett County Board of Elections request approval to accept grant funds from the Center for Tech and Civic Life non-profit organization in the amount of $79,173.00 and adding 7A -Bus Patrol Discussion to the published agenda. Chairman Matthews also suggests adding removing 4K-Hamett County Finance Officer requests approval of the revised Fiscal Policy for Harnett County and adding it as discussion item 7B. Chairman Matthews also wants to add to Discussion 7C -Central Carolina Community College Board of Trustees Reappointment. Vice Chairman Weatherspoon made a motion to approve the agenda as amended. Commissioner Johnson seconded the motion that passed 4-0. Vice Chairman Weatherspoon made a motion to approve the consent agenda as amended. Commissioner Johnson seconded the motion that passed 4-0. 1. Minutes: January 12, 2021 Work Session January 26, 2021 Planning Retreat/ Work Session February 1, 2021 Regular Meeting February 15, 2021 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 8 2. Budget Amendments: 9 Mane Code 1105160 519090 1105160 584000 1105160 330210 1 I General Fund Revenues Code 1103100 310235 1103900 390990 12 Economic Development Code 1104930 502010 1104930 503030 1104930 504010 1104930 505010 1104930 505050 1104930 506010 1104930 506020 1104930 506040 1104930 507010 1104930 507030 1104930 507050 1104930 507070 1109910 599000 1081etnort Code 1104650 531010 1104650 531020 1104650 531030 1104650 531050 1104650 535010 1104650 535020 1104650 330210 163 Sheriff Code 1104310 523030 1104310 330210 164 Sheriff Code 1104310 523030 1 1043 10 531050 1104310330210 Other Contracts Non -Capital Asset II Federal Funds — SHI IP Article 42 Sales Tax Fund Balance Appropriated Salaries & Wages 401k Expense Allowance FICA Retirement Medical Dental Life Unemployment Worker's Compensation Employee Clinic Other Post Employment Benefits Contingency Training— Mileage Training — Meals Training— Lodging Training — Registration R&M — Buildings R&M — Equipment Federal Public Safety Supplies Federal Public Safety Supplies Training — Registration Federal 1,800 increase 1,039 increase 2,839 increase 1,800,000 increase 1,800,000 decrease 41,667 increase 834 increase 2,200 increase 3,188 increase 4,254 increase 3,368 increase 128 increase 54 increase 208 increase 75 increase 60 increase 40 increase 56.076 decrease 200 increase 100 increase 1,200 increase 1,500 increase 2,000 increase 6,086 increase 11,086 increase 68,908 increase 68,908 increase 20,807 increase 644 increase 21,451 increase February 15, 2021 Regular Meeting Minutes Hamen County Board of Commissioners Page 2 of 8 361 Social Services Code 1105310 544000 111110" 1 " 1.W. 844 Animal Shelter Code 1104512 523070 1104512 380840 Contracted Services Contingency Animal Services Supplies Contributions 1. Resolution to add roads to State Secondary Road System (Attachment 1) 2. Proclamation To Honor Marsha L. Johnson (Attachment 2) 5,600 increase 5,600 decrease 1,815 increase 1,815 increase Harnett County Aging Department requests approval to accept additional State Health Insurance Information Program (SHIIP) funds in the amount of 52,839 for the 20-21 fiscal year. 4. Harnett County General Services, on behalf of Animal Services. requests approval to accept the North Carolina Veterinary Medical Association's Animal Welfare Grant in the amount of S 1.815. These funds will be utilized to purchase kennel bedding and food dispensers for kennels. Harnett County Sheriff's Office requests approval to conditionally receive nine (9) ceremonial rifles from the United States Army that will be utilized by the Honor Guard for 21 biro salutes, parades. special presentations, etc. These ceremonial rifles are welded to only fire blank rounds. Administration requests approval of amendments to the CCCC Harnett County Promise MOU to change eligibility requirements for local high school students negatively impacted by COVID-19 as well as a few other minor changes. 6. Harnett County Legal Department requests approval of the Indemnity Agreement between the County and Serenity Pointe. Hamett County Finance Officer requests approval of the revised Fiscal Policy for Harnett County. Harnett County Finance Officer requests approval of the Town of Angier ABC Board's request for reimbursement of their overpayment in rehabilitation contribution (bottle tax) in the amount of 54,925.45. Chairman Matthews presented a Proclamation to Clerk of Court, Marsha L. Johnson, honoring her for her years of service. February 15, 2021 Regular Meeting Minutes Hamett County Board of Commissioners Page 3 of 8 Chairman Matthews opened the meeting for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. Citizens were allowed to call in and provide their public comments verbally during this period or submit their public comments in writing prior to the meeting to be read aloud during the meeting as time allowed. - Dr. Mary Eakes of 193 Howards Ln in Dunn - Rose Teniente of 179 Tilden Howington Drive in Lill ington - Shar Martinez (This comment was sent in via email and read aloud) - Mariush "Chris" Chmiel (This comment was sent via email and read aloud) Vice Chairman Weatherspoon moved to approve the following appointments. Commissioner Nicol seconded the motion, which passed 4-0. Adult Care Home Community Advisory Committee Shar Martinez was appointed to serve on this Committee Community Child Protection Team - Sheriff Wayne Coats of other designee from Harnett County Sheriffs Office -Thomas Hill -Scott Chase or designee from the Family Advocacy Program at Fort Bragg as one of the optional Members -Susan Rodriquez or designee as the Executive Director of SAFE as one of the optional members -Laurie Perez as a representative from MCO Sandhills Center as one of the optional members -Tara Fish as a representative from the Harnett County Partnership for Children as one of the optional members Transportation Advisory Board Brenda Mullis was appointed to serve on this Board for a I year term expiring February 28, 2022 Christopher Appel. Senior Staff Attorney. came back before the Board to briefly discuss Bus Patrol. Mr. Appel stated that General Statute 153A-246 allows the county to adopt an ordinance to charge individuals with a Civil Citation if they pass a stopped school bus with the arm being out, which is currently a criminal violation but with this ordinance can also be charged civilly. Bus Patrol would help install the cameras and help run the program for the county and in doing so the split in revenues would be 60% Bus Patrol and 40% to the school district and as discussed the school system said they would reimburse the County for any administrative costs associated with our part which would be law enforcement reviewing citation packages before they are issued and put together an appeal board. Mr. Appel asked the Board if they would like to proceed with adopting an ordinance for that would allow us to operate this program and have the municipalities adopt an ordinance that would allow us to operate it within their city or town limits and also to negotiate the contract with Bus Patrol and the school system. Vice Chairman February 15, 2021 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 8 Weatherspoon made a motion to move forward with the Bus Patrol Program. Commissioner Nicol seconded the motion that passed 4-0. Chairman Matthews stated to the Board there was a typo in the Fiscal Policy for Harnett County in the first paragraph under purpose. It should read "This policy will be renewed at this annually and changes would be presented to the Board of Commissioners for approval." Commissioner Nicol made a motion approve this discussion item. Vice Chairman Weatherspoon seconded the motion that passed 4-0. Chairman Matthews is of the opinion that the Harnett County Board of Commissioners need to rescind the recommendation from last fall that appointed Gordon Springle to the Central Carolina Community College Board of Trustees and when a vacant seat becomes available Chairman Matthews believes it should be filled by a current member of the Board of Commissioners. Chairman Matthews made a motion to rescind the recommendation that was sent over last fall until such time as the CCCC Board needs a recommendation to fill that expired term. Vice Chairman Weatherspoon seconded the motion that passed 4-0. Mr. Appel petitioned the Board for a Public Hearing regarding the Harnett County Board of Commissioner's intent to approve the North Carolina Department of Transportation's recommendation to partially abandon from the State's Secondary Road System the public road which has hereto served as a portion of SR 1807 (Mixon Road) as herein described. The public road to be abandoned is 0.20 mile portion of SR 1807 (Mixon Road) from 2270'± Southeast of Intersection with SR 1806 TO 3326'± Southeast. Harnett County. North Carolina. (Attachment 3) Chairman Matthews called to order a public hearing on the matter and opened the meeting for comments from the public. Citizens were allowed to speak in person or were allowed to submit their comments in writing prior to the meeting or to call in and provide their comments verbally during the meeting. No one spoke in opposition. Chairman Johnson closed the public hearing. Vice Chairman Weatherspoon made a motion to approve the requested partial abandonment of a portion of Mixon Road. Commissioner Johnson seconded the motion that passed 4-0. Mark Locklear, Director of Development Services, petitioned the Board for a Public hearing on the proposed rezoning. Public Hearing: Landowner/Applicant: Harnett Central Holdings, LLC Stancil and Associates, PLS, PA; 75.001 +/- acres: Pin #'s 0652-46-7717.000, 0652-47- 0150.000, 065247-6597.000, 065247-7401.000, 065247-7213.000, 065247-7008.000, 0652- 46-7901.000: From RA -40 to RA -20R Zoning District; SR # 2215 (Harnett Central Road) & SR # 1437 (Ballard Road): Hector's Creek Township. 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 February 15, 2021 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 8 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 is compatible with the Land Use classification of Medium Density Residential with a Rural Center development node. These areas may include a mixed-use developments that utilize public water and sewer that could yield higher densities while including open space, etc. 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 as well as future improvements that could occur. Suggested Statement -of -Consistency: Staff concludes that the requested rezoning to RA -20R would not have an unreasonable impact on the surrounding community welfare based on the existing residential uses and compatibility with the County's Land Use Plan. Therefore, it is recommended that this rezoning request be approved. Chairman Matthews called to order a public hearing on the matter and opened the meeting for comments from the public. Citizens were allowed to speak in person or were allowed to submit their comments in writing prior to the meeting or to call in and provide their comments verbally during the meeting. Lester Stancil, Surveyor of Angier Susan Vuncannon of Kipling NC Chairman Matthews closed the public hearing. Vice Chairman Weatherspoon made a motion to approve the requested rezoning to RA -20R and Commissioner Nicol seconded the motion that passed 3-1 with Commissioner Johnson opposing. Mr. Locklear petitioned the Board for a public hearing on the proposed rezoning Landowner/Applicant: Paul Griffin / Rhetson Companies, Inc.; 3.62 +/- acres; Pin # 050548- 7310.000; From RA -20R to Commercial Zoning District; Intersection of SR # 1117 (Nursery Road) & SR # 1121 (Ray Road); Anderson Creek Township. 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 change to Commercial will not have a negative impact on the community since a portion of this property is already zoned Commercial. 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 Agricultural & Rural Residential. However, Medium Density Residential is adjacent to this parcel as well as the high-density Anderson Creek Club PUD. In addition, this site is within the within a Compatibility Development Target area. These areas could lead to other uses that could make the most February 15, 2021 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 8 of theof Public water & sewer availability. Therefore, a Land Use map amendment is recommended to extend the MDR classification to include this parcel. 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 area's existing infrastructure well as the potential site improvements that would be required. Suggested Statement -of -Consistency. As stated in the evaluation, the requested rezoning to Commercial would not have an unreasonable impact on the surrounding community based on this parcel's current zoning classification and the existing infrastructure within the area. Therefore, it is recommended that this rezoning request be APPROVED. Staff also recommends an amendment to the Land Use map to change this parcel to Medium Density Residential on based on the existing infrastructure and adjacent MDR classification. Chairman Matthews called to order a public hearing on the matter and opened the meeting for comments from the public. Citizens were allowed to speak in person or were allowed to submit their comments in writing prior to the meeting or to call in and provide their comments verbally during the meeting. No one spoke in opposition. Chairman Johnson closed the public hearing. Commissioner Nicol made a motion to approve the requested rezoning to Commercial and Vice Chairman Weatherspoon seconded the motion that passed 4-0. Mr. Locklear petitioned the Board for a public hearing on the proposed rezoning: Landowner/Applicant: Buckhom Farms of NC LLC / Mauldin -Watkins Surveying, PA; 64.60 +/- acres; Pin #'s 0625-78-0781.000 & 0625-78-5740.000; From RA -40 to RA -30 Zoning District; NC Hwy 42 (on Buckhom Farms Lane); Buckhom Township. 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: The requested zoning is compatible with the Land Use classification of Agricultural and Rural Residential. These are typically outside of public sewer service areas and often within the Water Supply Watershed areas. Lower density, single-family residential lots approx.. 'h acre or greater are typical in these areas. - 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. Suggested Statement -of -Consistency. As stated in the evaluation, the requested rezoning to RA - 30 would not have an unreasonable impact on the surrounding community as it is compliant with the County's Land Use Plan as well as it is adjacent to the same classification. Therefore. it is recommended that this rezoning request be APPROVED. February 15, 2021 Regular Meeting Minutes Harnett County Board of Commissioners Page 7 of 8 Chairman Matthews called to order a public hearing on the matter and opened the meeting for comments from the public. Citizens were allowed to speak in person or were allowed to submit their comments in writing prior to the meeting or to call in and provide their comments verbally during the meeting. Wayne Mauldery Maulden-Watkins Surveying of Fuquay-Varina Keith Brown of Fuquay-Varina Chairman Johnson closed the public hearing. Vice Chairman Weatherspoon made a motion to approve the requested rezoning to RA -30 and Commissioner Nicol seconded the motion that passed 4-0. County Manager Paula Stewart updated the Board on the COV ID -19 Vaccine and the waiting list. Mrs. Stewart also wanted to bring the Boards attention to the unpaid taxes for fiscal year 2021 that constitute a lien on real property. The total unpaid balance is 52,706,406.28. Commissioner Johnson moved that the Board go into closed session for the following purposes: To instruct the county staff concerning the position to be taken by the county in negotiating a contract for the acquisition of real property. Commissioner Nicol seconded the motion that passed 4-0. Vice Chairman Weatherspoon moved that the Board come out of closed session. Commissioner Nicol seconded the motion that passed 4-0. Vice Chairman Weatherspoon moved to adjourn the meeting at 7:32 pm. Commissioner Nicol seconded the motion that passed 4-0. Lucas. Deputy Clerk February 15, 2021 Regular Meeting Minutes Harnett County Board of Commissioners Page 8 of 8 Harnett COUNTY NORTH CAROLI`.- RESOLUTION ATTACHMENT 1 BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, requests that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed streets. Carolina Seasons Subdivision Ph.2 Section 1 & 2 Shortyleaf Ct. Season Dr. Knotty Pine Dr. Cedarview CL Ponderosa TH Wildwood Way Antique Ct. Spring Flowers Dr. Breezewood Ln. Green Links Dr, Duly adopted this 15th day of February, 2021. ATTEST: a t ReginaI- eeler Clerk t the Board) strong roots • new growth HARNETT COUNTY BOARD OF COMMISSIONERS BrooksW. — w harnettorg ATTACHMENT Harnett COUNTY _ NORTH CAROLINA RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS www hamettorg TO PARTIALLY ABANDON A PUBLIC ROAD FROM NORTH CAROLINA'S SECONDARY ROAD SYSTEM WHEREAS, pursuant to North Carolina General Statute § 136-63, citizens may, on petition. request the North Carolina Department of Transportation to change or abandon any road in the Secondary Road System when the best interest of the people of the county will be served thereby: WHEREAS, the North Carolina Department of Transportation. upon petition, investigated and recommended the partial abandonment of the below -referenced public road from the State's Secondary Road System: WHEREAS, the North Carolina Department of Transportation requested the Harnett County Board of Commissioners to adopt a resolution approving the partial abandonment from the State System if the Board of Commissioners concurred with the Department of Transportations' recommendation; and WHEREAS, said Board of Commissioners called a public hearing on the question and heard al I interested persons who appeared with respect to whether the abandonment would he detrimental to the public interest or to any individual property rights. NOW, THEREFORE, be it resolved by the Harnett County Board of Commissioners as follows: 2021. The Ilarnett County Board of Commissioners hereby approves and adopts the recommendation of the North Carolina Department of Transportation to partially abandon from the State's Secondary Road System the public road or easement which heretofore served as a portion of SR 1807 (Mixon Road) as herein described. The public road or easement to be abandoned is 0.20 mile portion of SR 1807 (Mixon Road) from 2270'± Southeast of Intersection with SR 1806 TO 3326'± Southeast. Harnett County, North Carolina shown on the attached Exhibit A Duly adopted by the Harnett County Board of Commissioners this 15th day of February. Attest:* 1 1 AM7 t Regina eeler. Clerk strong roots • new growth HARNETT COUNTY BOARD OF COMMISSIONERS Chairman of the Board of Commissioners Exhibit A 04h_ 1800 / V m Dunn , Pop. 9,541 1 U 95 m W. 51 Im 4-2 2 I .05 ;, Ab,i, ATTACHMENT