HomeMy WebLinkAbout022012mHARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
February 20, 2012
The Harnett County Board of Commissioners met in regular session on Monday, February 20,
2012, in the Commissioners Meeting Room, County Administration Building, 102 East Front
Street, Lillington, North Carolina.
Members present:
Staff present:
Timothy B. McNeill, Chairman
Beatrice B. Hill, Vice Chairman
Dan B. Andrews, Commissioner
Gary House, Commissioner
Jim Burgin, Commissioner
Scott Sauer, County Manager
Tony Wilder, Deputy County Manager
Dwight Snow, County Attorney
Sylvia Blinson, Finance Officer
Margaret Regina Wheeler, Clerk to the Board
Chairman McNeill called the meeting to order at 7:00 pm. Vice Chaiuuan Hill led the pledge of
allegiance and invocation.
Chairman McNeill called for additions and deletions to the published agenda. Commissioner
Andrews moved to approve the agenda as published. Commissioner Burgin seconded the motion
which passed unanimously.
Regarding a budget amendment for Solid Waste in the amount of $8,300 to purchase a road
tractor; Commissioner Burgin questioned if the old road tractor was insured which it was not.
Commissioner Burgin then asked staff to research the last time a physical inventory was
completed of all county vehicles.
Both Commissioners Burgin and House commented regarding the request for approval of an
agreement with NC DOT to receive $200,000 in funding for the construction of Crested Iris
Drive in the Brightwater Science and Technology Campus. Commissioner Burgin recommended
requesting the developer to reduce the recent $800,000 land release amount by $200,000 and said
the Harnett Forward Together Committee was not mentioned in lease agreement making the
county completely responsible.
Commissioner Andrews moved to approve the items on the consent agenda. Vice Chairman Hill
seconded the motion and the Board unanimously approved the following items on the consent
agenda:
1. Minutes: February 6, 2012 Regular Meeting
February 20, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 1 of 6
2. Budget Amendments
226 Health Department
Code 110 -7510 - 441.32 -10 Recognition
110 -0000- 353.77 -01 United Way
227 Health Department
Code 110- 7600 - 441.60 -45 Drugs
110- 0000 - 331.76 -12 Family Planning
230 Register of Deeds
Code 110 -4800- 410.35 -42
110 -4800- 410.35 -43
110-0000-389.48-02
110- 0000 - 322.40 -06
Cultural Resources
State General Fund
Interfund Transfer —
Floodplain Mapping Fund
Deed of Trust (HB 384)
231 Register of Deeds, Floodplain Mapping Fund
Code 232 -4800- 410.35 -19 Floodplain Mapping
232 - 4800 - 410.90 -10 Interfund Transfer- General Fund
232 General Services - Solid Waste
Code 580- 6600 - 461.43 -16 Repair/Main Equipment
580- 6600 - 461.74 -74 Capital Outlay Equipment
233 Cooperative Extension —
Code 110- 7306 - 465.60 -33
110- 7306 - 465.41 -11
110- 0000 -353-
Child Care Resource & Referral Program
Materials & Supplies
Postage
Contribution for CCR &R
182 increase
182 increase
2,240 increase
2,240 increase
16,133 decrease
61,753 increase
12,753 increase
32,900 increase
12,720 decrease
12,720 increase
8,300 decrease
8,300 increase
500 increase
500 increase
1,000 increase
3. Emergency Services requested permission to apply for the 2012 Emergency Management
Grant. This is a federal grant administered by the state that is available to local
governments to assist in the cost of developing and maintaining a comprehensive
emergency management program. These are funds that are received annually and are
included as part of their operating budget.
4. Economic Development requested approval of resolution in support of Dunn's
application for an Agrarian Zone in Census Tracts 701 and 702. (Attachment 1)
5. Planning Services requested the approval of a Capital Project Ordinance for the purpose
of conducting the Abandoned Manufactured Home Program (AMPI). The financial
amount requested for appropriation in the Project Ordinance is $37,500. Reimbursement
funding shall be received from the N.C. Department of Environment and Natural
Resources.
February 20, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 2 of 6
6. Planning Services requested the approval and acceptance of the Abandoned
Manufactured Home Grant Contact #4489. This grant contract is from the Division of
Environmental Assistance & Outreach for the amount of $37,500. This grant does not
require any match from the county.
7. Cooperative Extension requested permission to accept a $1,000 donation from Ms.
Jacquelin S. Montgomery to the Harnett County Child Care Resource and Referral
Agency (CCR &R). Mr. Montgomery's donation would require that these funds be used
only by the CCR &R and at the discretion of their staff.
8. Resolution to Reschedule the March 5, 2012 Regular Meeting of the Harnett County
Board of Commissioners to Tuesday, March 6, 2012 at 9:00 am. (Attachment 2)
9. Proclamation Celebrating 100 years of Girl Scouting and proclaiming March 11 — 17,
2012, as Girl Scout Week in Harnett County.
10. County Engineer requested approval of agreement with NC DOT to receive $200,000 in
funding for the construction of Crested Iris Drive in the Brightwater Science and
Technology Campus.
Chairman McNeill opened the floor for informal comments by the public, allowing up to 3
minutes for each presentation up to 30 minutes.
- Dot Elhers, Executive Director of the HALT Program, requested the Board consider
allocating $12,500 to the HALT Program which was half of their FY 2011/2012 request
from the county.
Commissioner Burgin moved to approve the appointments listed below. Commissioner Andrews
seconded the motion which passed unanimously.
BOARD OF EQUALIZATION AND REVIEW
Robert E. Doberstein, Joe Miriello, Thomas Moore, Howard Penny Jr. and Carnell N.
Robinson (nominated by Commissioner Andrews) were reappointed to serve on this
board for an additional term of one year ending February 28, 2013.
HARNETT COUNTY COUNCIL FOR WOMEN
Karen Horton (nominated by Commissioner House) was appointed to serve on this
council for a term of three years ending February 28, 2015.
Mark Locklear, Planning Manager, petitioned the board for a public hearing regarding a
Proposed Zoning Change, Owner of Record/Applicant: Kasdy A. Dawoud: From RA -20R to
Commercial Zoning, 6.78 +/- acres, Hwy 401 S, McNeill Hobbs Road, Stewart's Creek.
Mr. Locklear reported this site is currently undeveloped with surrounding land uses consisting of
single family residential, a church and vacant land. On August 10, 2009 this property went
through the conditional use process for a Convenient Store and a Professional Office. The Board
February 20, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 3 of 6
of Adjustment unanimously approved the application. A public hearing was held by the
Planning Board on Monday, February 6, 2012. Planning staff recommended approval of the
request. Several Adjoining property owners spoke in opposition to the request. Board Members
analyzed criteria for "Small Scale Rezoning" and voted unanimously that the request was
reasonable. The Planning Board unanimously voted to recommend that the County
Commissioners approve the request based upon favorable findings.
Staff Evaluation:
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 district is compatible with
the surrounding land uses and should have no unreasonable impact on the adjacent
property owners or the surrounding community.
The requested zoning district is COMPATIBLE with the existing Land Use
Classification. REASONING: The existing Land Use Classification for this site is a
Rural Development Node. This use is intended to promote the development of business
and institutional uses with a neighborhood setting and also may include small lot
residential and multifamily development. The proposed Commercial Zoning is
compatible with the existing land use classification.
The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The requested zoning district is compatible with the general vicinity of
the site due to the nature of current surrounding land uses.
The request is for a SMALL SCALE REZONING and should be evaluated for
reasonableness. REASONING: This site is not adjacent to any existing commercial
zoning and therefore should be evaluated for a small scale rezoning request.
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 and will enhance the public health, safety,
and general welfare for the reasons stated in the evaluation. It is recommended that the rezoning
request be approved.
Mr. Locklear reiterated that the property had already received a conditional use permit for a
Convenient Store and a Professional Office but Mr. Dawoud is unable to start the project by the
November 2012 site plan deadline when his peliiiits would expire. This rezoning would allow
Mr. Dawoud to move forward with his proposed business without time restrictions. Mr.
Locklear said the ordinance doesn't allow for extensions and requires a vested interest; meaning
a substantial amount toward the construction of the building, by the deadline.
Commissioners questioned what types of businesses would be allowed on the property if rezoned
commercial. Mr. Locklear responded options could included facilities such as a daycare facility
(adult, childcare and in- home), educational services, learning center, trade school, teller machine,
bank, all health services, hospitals, public services, social institutions, bar and tavern,
entertainment venue or restaurant with conditions, hotel or motel, offices, governmental offices,
laundry mat, massage and body works therapy practice, personal service establishment, athletic
fields, indoor health and training facility, indoor recreational facility, indoor shooting range,
convenient store, grocery stores, flea market, rummage sales with conditions, nursery, retail,
February 20, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 4 of 6
retail sales, shopping center, auto repair facility, car wash, parking lot, vehicle sales and
leasing/rental, recycling center, light manufacturing, mini- warehouses, etc.
Vice Chairman Hill stated she was concerned about this project being rezoned as commercial
and surrounding residents, many who are senior citizens, are concerned about what is happening
to their neighborhood.
Chairman McNeill called to order a public hearing on the matter and opened the meeting for
comments from the public.
Mr. Kasdy Dawoud, the applicant, spoke in favor of his request. Mr. Kasdy Dawoud said
the revolution in Egypt, where he has family members living, has delayed his plans. He
said due to the ongoing political uncertainty he must protect his family before he can
direct more fund to this project. Mr. Dawoud said it took a really long time to work with
NC DOT to get his plans approved. He noted he is giving approximately one and one-
half acres of his land to widen Hwy 401 and McNeill Hobbs Road. He said has already
spent about $35,000 on this project and he does not understand why some people have a
problem with his proposed convenient store.
Mr. Gary Sutton of Bunnlevel, spoke against the proposed rezoning. He said he and
others are concerned that Mr. Dawoud or any one he might sale the land to would be able
to open any kind of business on the property if rezoned.
Seeing no one else move, Chairman McNeill closed the public hearing.
Commissioner House disclosed that Mr. Dawoud gives commissioners gifts (edible gift baskets)
at Christmas each year which Commissioner House immediately turns over to the county to
donate. Commissioner House told Mr. Dawoud that he realizes there is lots of uncertainty in
Egypt but there is lot of uncertainty in Bunnlevel also and where he supports the project he sees
no reason why the project cannot move forward as planned.
Mr. Kasdy offered, to reassure the commissioners and citizens of his intent, a promissory note
stating if the property is rezoned and he fails with the intended project he would then give the
land to the County. Attorney Dwight Snow said that was not an option as it is considered
contact zoning and is illegal.
Vice Chairman Hill moved to table the zoning request so staff could research other options for
Mr. Dawoud. Commissioner Andrews seconded the motion which passed unanimously.
Mr. Sauer presented the following report:
• Public Health January Activities Report
• January Landfill Billing
• Community Child Protection Team (CCPT) of Harnett County's
Annual Report
Mr. Sauer reminded the group of their upcoming planning retreat scheduled for Thursday,
February 23, 2012 at Raven Rock State Park.
February 20, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 5 of 6
Chairman McNeill called for any new business. Commissioner Burgin moved to give S.A.F.E.
$10,001 noting taxes were up $345,000 for the year. Commissioner House seconded the motion
which failed 3 to 2.
Commissioner Burgin requested discussion of a policy regarding county owned vehicles at the
next work session.
Commissioner Burgin moved to pass a resolution supporting an amendment to the state
constitution that would define marriage as being between one man and one woman.
Commissioner House seconded the motion which failed 3 to 2.
Commissioner Andrews moved to adjourn the meeting at 7:40 pm. Commissioner Hill seconded
the motion which passed unanimously.
. McNeill, Chairman
Maagare Regina ler, Clerk
February 20, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 6 of 6
ATTACHMENT 1
Harnett
C 0 U N T Y
NORM CAROLINA
RESOLUTION ENDORSING THE APPLICATION TO DEFINE A STATE
AGRARIAN ZONE FOR THE COUNTY OF HARNETT, NC
WHEREAS, the North Carolina Department of Commerce Division of Community
Assistance has issued a call for applications for the State Agrarian Zone; and
WHEREAS, the County of Harnett, through numerous programs, projects and policies,
has demonstrated on -going commitment to the promotion of economic development, the
creation of new jobs, and the expansion of existing businesses,
NOW, THEREFORE, BE IT RESOLVED, the Harnett County Commissioners hereby
endorse the application seeking to define a State Agrarian Zone for the County of Harnett.
Adopted this 20th day of February, 2012.
ATTEST:
Marg. ret Regina,
heeler, Clerk
strong roots • new growth
Timothy : cNeill, Chairman
Harnett County Board of Commissioners
www.harnett.org
ATTACHMENT 2
Harnett
C O U N T Y
A RESOLUTION TO RESCHEDULE THE
MARCH 5, 2012 REGULAR MEETING OF THE
HARNETT COUNTY BOARD OF COMMISSIONERS
THAT WHEREAS, the Harnett County Board of Commissioners adopted on September
19, 1994 certain Rules of Procedure by which the Board would conduct its meetings; and
WHEREAS, Rule 6 of the Rules of Procedure concerning "Regular and Special
Meetings" states that the Board may cancel the place or time of a particular regular meeting by
resolution: that the Board has determined that it would like to move its regular scheduled
morning meeting of Monday, March 5, 2012.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Harnett
County that its regular meeting scheduled for Monday, March 5, 2012 at 9:00 a.m. is hereby
moved to Tuesday, March 6, 2012 at 9:00 a.m.; that this Resolution shall be filed with the Clerk
to the Board, posed at the regular meeting place and forwarded to all parties on the County's
Sunshine List.
Adopted by the Harnett County Board of Commissioners in regular session, this 20th day
of February, 2012.
strong roots • new growth
HARNETT COUNTY BOARD OF COMMISSIONERS
By:
Timot
. McNeill, Chairman
www.harnett.org