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HomeMy WebLinkAbout061416wsa Agenda PackageBoard Meeting Agenda Item MEETING DATE: June 20, 2016 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Public Hearing-Proposed Zoning Johnny Faircloth REQUESTED BY: Mark Locklear, Director of Development Services REQUEST: Public Hearing: Proposed Zoning Change: Case # RZ-16-116 Landowner/Applicant: Johnny Faircloth; 2.52 +/-acres (consisting 5 parcels) Pin's # 9575- 24-1972, 9575-24-4817, 9575-24-4764, 9575-25-2300; 9575-25-1192; From RA-20R to Commercial Zoning District; OffNC Hwy 24 (on Red Bird Drive & Chipmunk Court); Johnsonville Township. The Planning Department Staff recommended approval of the request to rezone 2.52 acres from RA-20R to Commercial Zoning District. Staff concluded it would not have an unreasonable impact on the surrounding community due to existing Commercial zoning in the area. After discussion about traffic, road maintenance, as well as potential improvements if commercial development does occur, on June 61h the Harnett County Planning Board voted unanimously (5-0) to recommend approval of this Rezoning application based on the compatibility to the surrounding uses. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\U sers\gwheeler\AppData \Local \Microsoft\ W indows\INetCache\Content. Outlook\A3 I FH RFY\06CCAgendaF orm 16 _Fair cloth.doc Page I of I 061416wsa HC BOC Page 2 Harnett COUNTY REZONING STAFF REPORT Case: RZ-16-116 Jay Si kes, Mgr. of Planning Services jsi kes@ha rnett.org Phone: (910) 893 -7525 Fax : {910) 814-8278 Planning Board: June 6, 2016 County Commissioners : _;J_;u;_;_n_;e_;2::...0:...J,'-2=..;;,.0;_;_1;_;_6 ___ _ Reguesting a Rezoning from RA-20R to Commercial Applicant Information Owner of Record: Name: Johnny Faircloth Address : 5272 Cool Springs Rd City/State/Zip : Broadway, NC 27505 Applicant: Name : ~S~a~m~e ________________________ _ Address: :-S=-a::..:m~e ______________________ _ City/State/Zip: Same Property Description Consists of 5 parcels PIN(s): 9575-25 -2300, 9575-25-1192, 9575-24-1972, Acreage: 2.52 total 9575 -24-4764 (.37), 9575-24-4817 (.16) Address/SR No.: Chipmunk Ct and Red Bird Dr Cameron, NC 28326 (Hwy 24 vicinity) Township : 0 (01) Anderson Creek 0 (02) Averasboro 0 (03) Barbecue 0 (04) Black River Page 1 of 6 0 (OS) Buckhorn 0 (06) Duke 0 {07) Grove 0 (08) Hectors Creek [8] {09) Johnsonville 0 {10) Lillington 0 (11) Neill's Creek 0 (12) Stewart's Creek 0 (13) Upper Little River STAFF REPORT 061416wsa HC BOC Page 3 Services Available Water: ~Public (Harnett County) 0Private (Well) 0 Other: Unverified Zonin L I I ption: All five sites are currently ·~· ...... " .... 'nped land . -'Aiw.~ll.'AJ«W g Land Uses: Surrounding land uses anufactured homes, stick built Sewer: 0 Public (Harnett County) cgj Private (Septic Tank) 0 Other: unverified churches, a landscaping beauty salon, and a dilapidated I building . There are also two stores located within one mile from Transportation : Annual Daily Traffic Count: 8,800 on NC 24 Site Distances: Moderate CURRENT RA-20R Parks & Rec X X X X X Institutional Commer cial Services Retail Wholesale D Industrial Manufacturing REQUESTED Commercial X X X Zoning Map Page 2 of 6 STAFF REPORT 061416wsa HC BOC Page 4 ZONING LAND USE Commercial A&RR X X X X X X X X X Additional Information: • As required for all zoning changes within a five mile radius of Fort Bragg, RLUAC (Regional Land Use Advisory Commission) was contacted, and had no issues or concerns with the proposal. • January 23, 2012 the County Commissioners approved the rezoning of the 2 existing (3 lots in original applicant's request) properties to Commercial. • May 18, 2015 County Commissioner's tabled the request to rezone lots 29,30,32. • None of Nature's Crossroads streets, including Red Bird Ln, are not currently maintained by NCDOT. Acceptance into the NCDOT system will be required in order to obtain a Bldg permit. • May 2, 2016, application was tabled at the Planning Board due to the applicant wishing to amend his request on parcels to be rezoned . • After discussion about traffic, road maintenance, as well as potential improvements if commercial development does occur, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of this Rezoning application based on the compatibility to the surrounding uses. • None of Nature's Crossroads streets, including Red Bird Ln, are not currently maintained by NCDOT. Acceptance into the NCDOT system will be required in order to obtain a Bldg permit. Evaluation ~ Yes 0 No 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 rezoning would not have a negative effect on the residents who live within the interior of subdivision due to the proposed reconfiguration of lots 29 & 30, which would create a residential buffer for the interior lots. Also lots 34,33,32, and portions of 30 & 29 would be combined into one lot for development purposes . Lots 1 & 35 are determined to be reasonable per the precedence set by the rezoing in 2012, as well as the exisiting Commercial across Hwy 24. ~ Yes 0 No The requested zoning district is COMPATIBLE with the existing Land Use Classification. Page 3 of6 REASONING: The Land Use map represents this area as a mix of Agriculture & Rural Residential and Low Density Residential classifications. Although these areas are typically suburban in character, they can consist of secondary commercial uses, which would be compatible with the Land Use Plan. STAFF REPORT 061416wsa HC BOC Page 5 [g) Yes 0 No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: As requested, the rezoning to Commercial could enhance the general welfare of the community due to their location to the existing thoroughfare & commercial zoning . 0 Yes [g) No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness REASONING: This request does not need to be evaluated for a small scale rezoning because, excluding the right-of-ways for Red Bird Ln and Hwy 24, the parcels are contiguous to commercial zoning, Suggested Statement-of-Consistency (Staff concludes that ... ) As stated within the evaluation, the requested rezoning would be reasonable due to the proposed reconfiguration of lots 29 & 30, which would create a buffer for the remaining residential interior lots. Also, lots 34,33,32 and portions of 30 & 29 are proposed to be combined into one large commercial lot for development purposes, thus leading to additional buffering opportunities. Lots 1 & 35 are determined to be reasonable per the precedence set by the previous rezoning to commercial in 2012, as well as the existing Commercial across Hwy 24. Therefore, staff recommends this application be approved. hs Page 4 of6 STAFF REPORT 061416wsa HC BOC Page 6 lots 32&33; @corner of Red Bird & Golden Finch Standards of Review and Worksheet STANDARDS OF REVIEW The Planning Board shall consider and make recommendations to the County Board of Commissioners concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning Board concerning zoning districts and no proposed zoning district will receive favorable recommendation unless : DYes DYes Pa ge 5 of 6 D No D No A. The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. B. There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. STAFF REPORT 061416wsa HC BOC Page 7 D Yes D No C. There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) DYes 0 No D. There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. D Yes 0 No E. The proposed change is in accordance with the comprehensive plan and sound planning practices . . 0 GRANTING THE REZONING REQUEST Motion to grant the rezoning upon finding that the rezoning is reasonable based on All of the above findings of fact A-E being found in the affirmative and that the rezoning advances the public interest. 0 DENYING THE REZONING REQUEST Motion to deny the rezoning upon finding that the proposed rezoning does not advance the public interest and is unreasonable due to the following : 0 The proposal will not place all property similarly situated in the area in the same category, or in appropriate complementary categories . 0 There is not convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. D There is not convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) 0 There is not convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. 0 The proposed change is not in accordance with the comprehensive plan and sound planning practices. 0 The proposed change was not found to be reasonable for a small scale rezoning Page 6 of6 STAFF REPORT 061416wsa HC BOC Page 8 APPLICATION FOR ZONING CHANGE Harnett Planning Department 108 E. Front Street COUNTY P.O. Box 65, Lillington, NC 27546 Phone: (910) 893-7525 Fax : (910) 893-2793 Total Fee: .J1 d00. LID --~~~~~--------------------Receipt: /(p-i I& _________ _ Permit: Hearing Date: -----'""C __ -__....&'----LI-'"'"'---------- Applicant Information ~:::· "&;~ ~-~~ Address: = '1-~~ City/State/Zip:j 5..000 E-mail: Pho ne: J -qlq-4C\ct ~ $ !11 \ Fax : Deed Book : .3 395 Plat Book : .QOOip Page: l,"\Q. Page: ~_!Q__ Applicant: Name: "3ohnn>d Ao.."f F"o..\rcloi-h Address : 5 ~~ ~ ~~c:c.~ City/State/Zip:d Q~S -OO<l E-mail : Phone : \ _q \q-~9 q_ Cj5 Ql \ Fax: Existing Zoning: 0 Conservation 0 RA-20M Requested Zoning : 0 Conservation 0 RA-20M Township: 5(} RA-20R 0 RA-30 0 RA-40 0 Commercial 0 Light Industrial 0 Industrial 0 Office & Inst'l Attachments 0 RA-20R 0 RA-30 0 RA-40 ~Commercial 0 Light Industrial 0 Industrial 0 Office & Inst'l 0 (01) Anderson Creek 0 (02) Averasboro 0 (03) Barbecue 0 (04) Black River 0 (OS) Buckhorn 0 (06) Duke 0 (07) Grove 0 (08) Hectors Creek ~ (09) Johnsonville 0 (10} Lillington 0 (11) Neill's Creek 0 (12) Stewart's Creek 0 (13) Upper Little River • Written description of property from recorded deed • Recorded map of property at scale of not less than one (1} inch = 200 feet • Explanation of why the zoning change is requested , addressing applicable portions of Article XIV of the Zoning Ordinance Page 1 of 2 APPUCATION FOR ZONING CHANGE 061416wsa HC BOC Page 9 Requirements for Consideration The Planning Board shall consider and make recommendations to the County Board of Commissioners concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning Board concerning zoning districts and no proposed zoning district will receive favorable recommendation unless: 2.1 The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. 2.2 There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group . 2.3 There is convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which appl icants state they intend to make of the property involved.) 2.4 There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. 2.5 The proposed change is in accordance with the comprehensive plan and sound planning practices. 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C . 2 7 5 . 4 6 ! 1 1 0 - 8 9 3 - 5 2 5 2 J O H N S O N V I l l E T O W N S H I P H A R N E n C O U N T Y N O R T H C A R O L I N A S C A L E I " = 5 0 ' J O B N O 1 , 3 0 6 8 P R E L I M I N A R Y P L A T N O T F O R R E C O R D A T I O N C O N V E Y A N C E S O R S A L E S O W N E R : J O H N N Y F A I R C L O T H 5 2 7 2 C O O l S S P i i t l N C S _ , 0 B R O A D W A Y , N C 2 " D 5 9 U t - • 9 9 - 8 2 1 1 0 6 1 4 1 6 w s a H C B O C P a g e 1 3 Harnett COUNTY NORTH CAROLINA June 8, 2016 Harnett County Board of Commissione rs 102 East Front Street Lillington, NC 27546 Dear Commissioners: Human Resources Department www.harnett.org PO Box 778 Lillington, NC 27546 ph : 910-893-7567 fax: 910-814-0350 Ple ase find attached a copy of the n ew fair labor stand a rds act as it relates to who must be co mpensated for ove rtime, beginning December 1, 2016. Thi s is a Co a tes Canon blog authored by Dia ne )uffras of the UNC School of Government. Sincerely, John Rankins Director of Human Resources and Risk Management strong roots· new growth Harnett County does not discriminate on the basis of race. color, national origin, gender. religion, age or disability in employment or the provision of services. 061416wsa HC BOC Page 14 UNC SCHOOl. OF GOVERNMENT Coates' Canons Slog: The Final New Overtime Rule is Finally Here By Diane Juffras Article: http://canons.sog.unc.edu/final-new-overtime-rule-finally/ Coates' Canons NC Local Government Law http://canons.sog.unc.edu This entry was posted on May 25, 2016 and is filed under Compensation & Benefits, Employment, Fair labor Standards Act, General local Government (Miscellaneous) On May 18, 2016, the U .S. Department of Labor released the final rule raising the minimum salary an employee must make to be exempt from overtime and, by that act, making many more salaried employees eligible for overtime compensation. The rule may be found here . The changes to the old rule are few and not surprising as they closely track the proposed rule published last July. The most significant change is , as expected , an increase in the amount an employer must pay for an employee to qualify for exempt status. It increases from the current $455 per week to $913 per week- that's an increase of just over 100% from $23,600 annually to $47,476 annually. The new salary minimum will be effective December 1, 2016. Background Under the Fair Labor Standards Act, an employee is entitled to overtime premium pay of one-and-one-half times their regular rate of pay after working 40 hours in a week, unless an exemption applies. If an exemption applies, the employee is said to be "exempt" and is not entitled to overtime pay no matter how many hours they work in a week. An exemption applies if the employee is salaried and the position meets the requirements of the executive duties test, the administrative duties test, or the professional duties test. But even if the employee is salaried and the position satisfies one of the three duties tests , the exemption does not apply if the employee is paid less than $455 per week , or $23,660 on an annualized basis. Such a low-paid , salaried employee is entitled to overtime pay after 40 hours. For an explanation of the salary basis test, see here. For discussion of the executive duties test , see here, the administrative duties test, see here and here , and the professional duties tests, see here and here. Some History March 2014: President Obama Calls for the Overtime Regulations to Be Updated In March 2014 , President Obama directed the U.S. Secretary of Labor to modernize and simplify the federal Fair Labor Standards Act regulations. The President was particularly concerned that the minimum required salary for exemption from overtime, known as the salary threshold, had not kept up with inflation. In 1975 the salary threshold was $250 per week. The next time the salary threshold was raised was in 2004 , when it went to $455 per week. There it has stayed since 2004. The President noted that in 2014 , $455 per week was below the poverty line for a family of four, and well below 19751evels when adjusted for inflation . In 2014 , only 12 percent of salaried workers fell below the minimum salary threshold (the 12th percentile)-compared with 18 percent in 2004 and 65 percent in 1975 (the 18th and 65th percentiles). The President did not tell DOL how to re v ise the regulations, but it was clear that he wanted to bring more employees out of exempt status and to give them the benefits of overtime compensation . And that is exactly what the new overtime regulations do. July 2015: DOL Issues Proposed New Overtime Regulations The Department of Labor (DOL) issued proposed regulations in July 2015, suggesting a raise to the 4oth percentile of full- time salaried workers -which was $921 per week or $4 7,892 per year based on data from 2013, and expected to be $970 per week or $50,440 per year in 2016. DOL also proposed that the minimum salary be automatically increased on an Copy right <e 2009 to present School o f Govern m ent at the Un iversity of North Carolina. All righ ts reserved. Page 061416wsa HC BOC Page 15 UNC Coates' Canons NC Local Government Law http://canons.sog.unc.edu SCHOOL OF GOVER:-;"MENT annual basis. Finally, DOL proposed a change in the minimum salary required for an employee to be exempt under the highly-compensated employee test from $100,000 to $122,148 annually. DOL left open the possibility that it would revise one or more of the exempt duties tests in the final rule, showing particular interest in limiting the amount of time an exempt employee could spend on nonexempt duties. As required by the federal Administrative Procedures Act, DOL asked for comments on its proposed rule . The comment period closed in September 2015. The Final Rule The final rule deviates from the proposed rule only in detail. In a nutshell, the final rule • raises the minim um salary necessary for an employee to be exempt from overtime from the current $455 per week ($23,660 annually) to $913 per week ($47,476 annually); • raises the minimum salary necessary for an employee to be exempt from overtime as a highly-compensated employee from $100,000 annually to $134,004 annually; • provides for automatic updating of the salary thresholds every three years ; • allows employers to include nondiscretionary bonuses in an amount up to 10% of the minimum salary level ; • makes no changes to the duties tests; and • makes no changes to any of the other rules regarding compensable time and overtime. The final rule is effective December 1, 2016. Minimum Salary Threshold of $913 Per Week The new threshold of $913 per week represents the 4oth percentile of earnings for a full-time (35 hours per week), full- year, salaried worker in the fourth-q uarter of 2015. In the preamble to the final rule, DOL reiterated its conviction that a standard salary level at the 4oth percentile will be a "bright line" that adequately distinguishes between employees whose positions are likely to meet the duties test requirements and those whose positions are likely not to do so . DOL did make one change in response to comments it received . A number of commenters expressed concern about the fairness of setting the minimum salary threshold based on a nationwide average. The commenters believed that it unduly disadvantaged employers in a lower-wage region or a lower-wage industry. The final salary threshold is therefore set at t he 40th percentile of earnings all full-time salaried workers in the lowest-wage census region, which at this time is the South Census Region. The rule setting forth the new minimum salary threshold will be found at 29 CFR § 541.600 effective December 1, 2016. New/Inclusion of Nondiscretionary Bonuses in the Minimum Salary One additional change will affect public employers who use longevity pay plans. The new rule for the first time allows nondiscretionary bonuses and commissions to be included-to a limited extent-in the calcu lation of an employee's minimum salary. In the final rule , DOL limits the amount of nondiscretionary bonuses and commission that may be used to satisfy the minimum salary threshold to ten percent of the minimum required salary, currently $91.30 per week or $4,747.60 annually, provided that the bonus or commission is paid quarterly or more frequently. What is a nondiscretionary bonus? To better understand what this new provision offers local government employers, let's first discuss what counts as a nondiscretionary bonus . The distinction between discretionary bonuses and nondiscretionary bonuses is explained at 29 CFR § 778 .2 11 . A discretionary bonus is one which may be given or not in the sole judgment of the employer. It is up to the manager to decide to which employees and in what amount to award a bonus. A nondiscretionary bonus, in contrast, is one which accrues to the employee automatically as a function of policy or ordinance. Bonuses that DOL considers nondiscretionary are: • bonuses which are announced to employees to induce them to work more steadily or more rapidly or more efficiently or to remain with the organization; • attendance bonuses; Copyright© 2009 to presBI1t School of Government at the University o f North Caro lina . A ll ri ghts reserved. Page 061416wsa HC BOC Page 16 UNC Coates' Canons NC Local Government Law http://canons.sog.unc.edu SCI·IOOL Or GOVEnNMENT • individual or group production bonuses; • bonuses for quality and accuracy of work; • bonuses contingent upon the employee's continuing in employment until the time the payment is to be made (longevity pay, for example). Among public employers, longevity pay is the most frequently used form of nondiscretionary bonus. Public employers have traditionally paid longevity bonuses once a year. To make use of longevity payments in meeting the salary threshold for exempt status, those employers will have to change their practices and make longevity payments on either a weekly or a quarterly basis . A once-a-year payment may not be in calculating compliance with the salary threshold . Relatively few public employers, award nondiscretionary merit bonuses based on meeting productivity metrics and there are few public- sector positions that involve commission-based compensation . How Will the Inclusion of Nondiscretionary Bonuses Work in Practice? Effective beginning December 1 , 2016, and continuing until the next update of the minimum salary threshold on January 1, 2020 (on which , see below), the amount of nondiscretionary bonus payments that may be credited toward the salary minimum for exemption will be $91 .30 per week ($4,747 .60 annually) (that is, 10% of the salary threshold). Employers using nondiscretionary bonuses to meet the salary threshold will need to double-check that employees for whom they are claiming exempt status on this basis are in fact being paid the required minimum salary. As a practical matter, employers will need to do this on a quarterly basis, as DOL is allowing employers to make a "catch-up" payment to bring an employees within the required salary level within one pay period of the end of a quarter. DOL explains how this will work in the preamble to the final rule: 1. Each pay period an employer must pay the exempt salaried employee at least $821 .70 (that is, 90 percent of the minimum salary threshold. 2. At the end of the quarter, if the sum of the salary paid plus the nondiscretionary bonuses and incentive payments paid does not equal $11 ,869 (that is, the standard salary level multiplied by the 13 weeks of the quarter), the employer is allowed one pay period to make up for shortfall. 3. The shortfall cannot exceed $91.30 per week or $1 ,186.90 for the quarter, which is 10 percent of the minimum salary threshold. 4. Any catch u p payment counts toward only the prior quarter's salary amount It will not count toward the salary amount in the quarter in which it ends up actually being paid. An Additional Clarification The inclusion of nondiscretionary bonuses in the minimum salary threshold does not change any other aspect of the salary basis or salary threshold tests . As has always been the case under the FLSA , discretionary bonuses, employer contributions to health, disability and life insurance and employer contributions to LGERS and the North Carolina 401 (k) Plan may not be included in the calculation of whether an employee's salary meets the minimum salary threshold. The provision allowing the use of nondiscretionary bonuses and commissions in up to 10% of the amount of the minimum salary threshold will be found at 29 CFR § 541.602(a)(3 effective December 1. 2016. The Highly Compensated Employee Salary Threshold DOL also increased the minimum salary necessary for a position to qualify as exempt under the special highly- compensated employee exemption from $100,000 to $134,004 annually. The new threshold is set at the 90 percentile of earn ing s of all full-time employees nationally for the last quarter of 2015. Currently, employees can be exempt if they are paid $100,000 annually and perform just one of the exempt duties of the executive, administrative or professional duties tests . The idea behind the highly-compensated employee exemption is that the very high salary threshold offsets this exemption's minimal duties test The current highly-compensated exemption allows for compensation in excess of $455 per week to be in the form of nondiscretionary bonuses or commissions and allows employers to make a final "catch-up" payment to bring the employee's salary up to $100,000 per year within one month after the end of the year. Copyright e 2009 to present School of Government at the University of North Carolina. All rights reserved. Page 061416wsa HC BOC Page 17 UNC Coates' Canons NC Local Government Law http://canons.sog.unc.edu SCHOOL OF GOVERKMEN'T As before, employers making use of the highly-compensated employee exemption will be able to use nondiscretionary bonuses and commissions in any amount in calculating the minimum salary, provided that the employee makes at least $913 per week (in other words, the ten percent limitation applicable to the standard salary threshold does not apply here). Employers will also be allowed to make a final "catch-up" payment to bring the employee's salary up to $134,004 by the end of January of the following year. The new minimum salary threshold for highly compensated employee will be found at 29 CFR § 541.601 effective December 1, 2016. Automatically Updating the Minimum Salary Threshold In the past, the minimum salary threshold has been updated sporadically. DOL is now instituting a regular , automatic update to 1) ensure the salary threshold maintains its effectiveness as a bright line rule to distinguish between exempt and nonexempt positions and 2) make changes to the threshold more predictable for employers. DOL will now update the minimum salary threshold every three years. The first update will be effective on January 1, 2020. It will be based on the 40 th percentile of earnings of full-time salaried employees in the lowest-wage census region. DOL projects that the threshold will be $984 per week ($51,168 annually) beginning in 2020. For employees for whom employers are seeking an exemption under the highly-compensated employee test, the salary threshold will be set at the goth percentile of earnings of full-time, salaried employees nationally. DOL projects that the highly compensated employee salary threshold will be $147 ,524 beginning in 2020. DOL will publish the updated salary thresholds in the Federal Register at least 150 days before the effective date (in other words, the notice of the January 1, 2020 update should be published in the Federal Register no later than August 4, 2019). It will also post information about the updated thresholds on its website . The new rule providing for automatic updating will be at 29 CFR § 541 .607 effective December 1, 2016 . The Duties Tests Have Not Been Revised In the proposed rule, DOL floated the possibility of revising the executive, administrative and professional duties tests. The Department expressed concern that the current tests allow exempt employees to performing a disproportionate amount of nonexempt work along with their exempt work. The new rule does not include any changes to the duties tests . Overtime Provisions That Will Not Change The new rule will have a significant impact on public employers, turning many employees who are currently exempt from overtime into nonexempt employees. These newly nonexempt employees will now need to be compensated at one-and- one-half times their regular rate of pay whenever they work more than 40 hours in a workweek . The new rule will not, however, change any of the other FLSA provisions relating to overtime: • Public employers may continue to use compensatory time-off or "comp time" in lieu of cash overtime. On comp time, see here . • Public employers may still use the 28-day work cycle of the 207(k) exempt for paying overtime to law enforcement officers and firefighters. On the 207(k) exemption, see here. • The fluctuating workweek will continue to be available as a method of paying overtime to those employees who sometimes work fewer than 40 hours per week and sometimes work more than 40 hours per week. On the fluctuating workweek method, see here . • Small employers who have fewer than five law enforcement officers on the payroll in any workweek or fewer than five firefighters on the payroll in any workweek continue to be exempt from paying overtime to those officers and firefighters in those workweeks . • The rules governing what time is compensable and what is not remain the same. For those interested in learning more about the new overtime rule, including how the revised rule will effect public employers and what options public employers have for dealing with the challenges the new rule pose s to their budgets, please join me for the School of Government's webinar, The New (and Final) FLSA Overtime Regulations, on June 6, 2016 at 10 a.m. Copyright© 2009 to present School of Government at the University of North Carolina. All rights reserved. Page 061416wsa HC BOC Page 18 UNC SCHOOL OF GOVERNMENT Reg istration is $1 25 pe r si t e (for an unlimited number of parti cipants) a nd may be found here . Links • www.gQQ.gov/fdsys/pkg/FR-2016-05-23/pdf/2016-11754.pdf • www.law.cornell.edu/cfr/text/29/778.211 • unc.live/1TCxyzy Coates' Canons NC Local Government Law http://canons.sog .unc.edu This blog post is published and posted online by the School of Government to address issues of interest to government o fficials . This blog post is for edu cational and informational use and may be used for those purposes without permi ssion by providing acknowledgment of its source. Use of this blog post for commercial purposes is prohibited. To browse a complete catalog of School of Government publication s, please visit the School's website at www.sog.unc.edu or contact the Bookstore, School of Government. CB# 3330 Knapp-Sanders Building, UNC Chapel Hill, Chapel Hill, NC 27599-3330; e-mail sales@sog.unc.edu; telephone 919.966.4119; or fax 919.962.2707. Page 061416wsa HC BOC Page 19 Gina Wheeler Subject: Attachments: From: Barry Blevins FW: TIP-slight changes to Trans lmprovment Plan 2016 May TIP.xlsx; SGSCopier16053113590.pdf Sent: Tuesday, May 31 , 2016 3:38 PM To: Joseph Jeffries <iieffries@harnett.org>; Paula Stewart <pstewart@harnett.org> Subject: TIP-slight changes to Trans lmprovment Plan Leaders, I've attached two documents for your review; DOA gave a quick turn-around on updating existing TIP allowing the Board of Transportation to consider funding. Most of sponsor's priorities are much the same with the exception of adding two requests-'Reimbursement for Repair of WYSE display' (made repairs to the Automated Weather Observation System (AWOS) using airport budget -I submitted request to get reimbursed approx. $3k. Second, 'Terminal Building Preliminary Design' to fund study costs for addition or replacement of terminal building to get set for FY18 request. For clarification: Sponsor Priority #1-there are two #1's-Corporate Apron (2190) & Reimbursement for WYSE Display (3527); the 3527 uses Non-Primary Entitlement (NPE) funds 2014 -making #1 and Corporate Apron is our STI and State funded #1. The Terminal Building Preliminary Design (3559), we can use NPE funds for the study estimated at $41,000 ($4,100 match-already programmed in upcoming budget) -I've attached its cost estimates for your review. Please update BOC and consider including on second June meeting consent agenda for approval as presented. Thanks in advance. Barry Barry A. Blevins Harnett County General Services, Director 910.893.7536 1 061416wsa HC BOC Page 20 ' , DIVISION OF AVIATION ~. IR • • ~ ,. .. -'' General Data Project Request # 00003559 Airport ID HRJ SPOT ID LocaiiD TIP SUB Number Project Description TERMINAL BUILDING PRELIMINARY DESIGN Detailed Project Description Project includes preliminary design for the new terminal facilities including analysis of bui lding size and usage; coordination ofthe building type and style with local officials; development of a preliminary floor plan ; analysis of usage of existing terminalfacility to determine if the building is expandable or needs to be demolished : and development of detailed preliminary costopinions for the proposed facil ity . This project should be linked with Project Request #2199 and #220 . Categorization Project Category TERMINAL BUILDING Project Sub-Category 1 GA TERMINAL BLDG: NEW CONSTRUCTION Project Sub-Category 2 GA TERMINAL BLDG : ADDITION TO EXISTING Project Sub-Category 3 Design Status N/A Linked to Other Project Requests ? I GA Development Pr iority MINIMUM Is project Needed to Meet Mandatory items ? f7 Required Land Controlled ? f7 Request is on Approved ALP ? f7 Sponsor Rank ( 1 -99 ) Goal SAFETY DOA Notes for Sponsors Funding Requested Funding Year 2017 I Local Fund ing Match Secured? I I NPE Funding I Estimated Cost $41 ,000 Total Cost $0 Status Project No Longer Requested I I Reviewed By DOA I I Sponsor Approval Initials BB Page 1 of 1 2016-05-31 13 :22 :48 061416wsa HC BOC Page 21 Project No longer Approved Sponsor Proj Requested Priority Request# No No 22 2189 No No 1 2190 No No 13 2191 No No 12 2192 No No 15 2193 No No 21 2194 No No 6 2195 No No 7 2196 No No 11 2197 No No 8 2198 No No 4 2199 No No 5 2200 No No 16 2201 No No 18 2202 No No 23 2203 No No 14 2204 No No 19 2912 No No 24 3045 No No 25 3046 No No 17 3048 No No 20 3325 No No 9 3437 No No 10 3438 No No 1 3527 No No 2 3559 No No 3 3560 061416wsa HC BOC Page 22 Project Description RUNWAY 23 LAND ACQ EASEMENT & CLEARING CORPORATE APRON AND HELIPAD CONSTRUCTION RUNWAY EXTENSION TO 5500 FT (PH 1-SITE RUNWAY WIDENING CORPORATE HANGAR TERMINAL AREA LAND ACQUISITION NEW 5-UNIT BOX HANGAR AND TAXIWAYS T-HANGAR TAXIWAY NEW FUELING FACILITY T-HANGAR CONSTRUCTION (13 UNIT) EXPAND TERMINAL BUILDING ACCESS ROAD I PARKING LOT REHAB I EXPANS DISTANCE REMAINING SIGNS AIRFIELD MAINTENANCE/EQUIPMENT BLDG LAND ACQUISITION FOR 750' BRL CLEARING OF WOODS INSIDE PERIMETER FENCE DRAINAGE REPAIRS RUNWAY 5 LAND ACQUISITION (FEE) RUNWAY 5 CLEARING FOR RPZ RUNWAY EXTENSION TO 5 ,500 FT (PHASE 2- SPPP UPDATE LAND ACQUISITION FOR HANGAR DEVELOPMENT T-HANGAR TAXIWAYS AND T-HANGARS (3-10 UN REIMBURSEMENT FOR REPAIR OF WYSE DISPLAY TERMINAL BUILDING PRELIMINARY DESIGN AWOS RELOCATION Sponsor Initials BB B8 8B 88 88 88 88 88 88 88 88 88 88 88 88 88 8B 88 88 88 88 88 88 8B 88 BB 061416wsa HC BOC Page 23