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HomeMy WebLinkAbout032017mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting March 20, 2017 The Harnett County Board of Commissioners met in regular session on Monday, March 20, 2017, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Joe Miller, Vice Chairman Barbara McKoy, Commissioner Howard Penny, Commissioner Abe Elmore, Commissioner Member absent: Gordon Springle, Chairman Staff present: Paula Stewart, Deputy County Manager - Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Vice Chairman Miller called the meeting to order at 7:00 pm. Commissioner Penny led the Pledge of Allegiance and invocation. Vice Chairman Miller announced Chairman Springle was absent tonight due to the birth of his new twin grandsons, Michael and James. Vice Chairman Miller called for additions and deletions to the published agenda. Mrs. Stewart requested the addition of a Resolution to Create an Economic Development Commission Named the Harnett County Economic Development Council. Mrs. Stewart also requested the removal of Harnett County Emergency Services request to consider the updated Hazardous Materials Response Cost Recovery Ordinance. The ordinance will be considered for approval on April 3, 2017. Commissioner Elmore moved to approve the agenda as amended. Commissioner Penny seconded the motion, which passed 4-0. Commissioner Elmore moved to approve the following items listed on the consent agenda. Commissioner McKoy seconded the motion, which passed 4-0. 1. Minutes: March 6, 2017 Regular Meeting January 31, 2017 Work Session 2. Budget Amendments: 302 Emergency Services Code 110-5300-420-32.88 Emergency Management EMPG 110-0000-331.53-12 Emergency Management EMPG 41 increase 41 increase March 20, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 8 308 Solid Waste Code 580-6600-461.33-45 Contracted Services 580-6600-461.12-00 Salaries & Wages part time 311 Public Utilities Department Code 531-9000-431.74-73 Capital Outlay 531-9025-431.11-13 distribution salaries/wages 531-9020-431.11-13 NHWWTP salaries/wages 545-0000-389.50-00 HCDPU Interfund Transfer 313 Public Utilities Code 531-9000-431.90-76 Water Plant Expansion 531-0000-399.00-00 Fund Balance Appropriated 322 Veterans Court Code 253-2404-441.30-04 253-2404-441.58-01 253-2404-441.58-14 253-2404-441.60-33 253-2404-441.60-39 253-2404-441.60-45 253-0000-331.84-04 Professional Services Training and Meetings Travel Admin Materials & Supplies Other Materials Drugs Veterans Court BJA 329 Tax Department Code 110-4500-410.33-45 Contracted Services 110-4900-410.44-23 Building Equip Departments 330 General Fund Code 110-7600-441.11-00 Salaries 110-7600-441.11-13 Vacation Payout 110-0000-345.18-00 Environment Health Fees 331 Health Department Code 110-7600-441.33-45 Contracted Services 110-0000-345.10-15 Medicaid PCM 334 Solid Waste Code 250-6600-461.35-56 Operating Special Acct 250-0000-336.25-01 Electronics Management 336 Health Department Code 110-7600-441.33-45 Contracted Services 110-0000-334.76-03 General Aid to County 20,000 decrease 20,000 increase 27,000 decrease 12,000 increase 15,000 increase 25,000 increase 78,350 increase 78,350 increase 15,400 increase 11,148 decrease 23 increase 1,072 increase 2,484 increase 10,000 increase 2,169 increase 105 decrease 105 increase 9,635 increase 365 increase 10,000 increase 35,068 increase 35,068 increase 9,436 increase 9,436 increase 214 increase 214 increase March 20, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 8 338 Emergency Services Department Code 263-5251-420.60-33 Materials & Supplies 263-5251-420.41-11 Telephone & Postage 263-5251-420.11-00 Salaries & Wages 339 Youth Services Code 110-7930-441.25-10 110-7930-441.26-08 110-7930-441.41-11 110-7930-441.58-01 110-7930-441.58-14 110-0000-339.00-00 340 IT Department Code 110-4900-410.11-00 110-4900-410.23-00 110-4900-410.22-00 110-4900-410.33-45 Operating Unemployment Benefits Workers Compensation Telephone and Postage Training & Meetings Travel Admin Fund Balance appropriated Salaries & Wages Retirement Expense FICA Tax Expense Contracted Services 341 Cooperative Extension Code 110-7398-465.36-24 Materials & Supplies 110-0000-334.73-25 NC Ag Ventures Grant Program 3. Tax rebates, refunds and releases (Attachment 1) 1,000 increase 1,500 increase 2,500 increase 27 increase 137 increase 100 increase 100 increase 300 increase 190 increase 15,205 increase 1,103 increase 1,164 increase 17,472 decrease 8,700 increase 8,700 increase 4. Harnett County General Services/Airport requested approval of a project ordinance for $27,460 to repair/replace the existing primary Wind Cone at the Harnett Regional Jetport and add a supplemental wind cone at both ends of Runway 5-23. The County of Harnett will receive a 90% federally funded grant under the State Block Grant Entitlement (NPE) Program. Harnett County's local match is a 10% contribution that will be funded by the current budget. 5. Harnett County General Services/Airport requested approval of a project ordinance for $47,510 to develop alternatives for upgrading or replacing the existing Terminal Building at the Harnett Regional Jetport that was constructed in the early 1980s. The County of Harnett will receive a 90% federally funded grant under the State Block Grant Entitlement (NPE) Program. Harnett County's local match is a 10% contribution that will be funded by the current budget. 6. Letter of support for Cape Fear Valley Health System's CON Application for Harnett County Imaging Center. 7. Harnett County Health Director requested approval of the revised Clinical Patient Fees, Eligibility and Bad Debt Write -Off Policy. March 20, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 8 8. Harnett County Emergency Services/EMS Division requested approval of the Memorandum of Understanding (MOU) between the County of Harnett and Harnett County Public School System for the Emergency Medical Technician curriculum offered at Harnett Central High School. The MOU would allow our agency to sponsor this program in order for it to operate. The effective date for the MOU will be April 1, 2017 and it is an auto -renewal MOU. 9. Harnett County Emergency Services requested approval of the Specialty Team Agreement between Harnett County's Chief's Association and the County of Harnett to ensure supplemental funding provided by the County in support of training, equipping and maintaining the Dive Team, Search & Rescue Team and Trench/Confined Space Team. This funding will offset some of the expenses that the Chief's Association Special Teams incur each year and will also ensure that these teams are trained and meet all certifications/qualification requirements to operate/respond within Harnett County and the State of North Carolina. The effective date for this Agreement is July 1, 2017 and is an auto -renewal agreement. Harnett County Emergency Services also requests budget FY17-18 funds in the amount of $10,000. 10. Harnett County Parks and Recreation requested adoption of the Comprehensive Parks and Recreation Master Plan developed by The John McAdams Company. This plan will guide program and facility improvements over a 15 -year planning period. The plan acts as a resource for the public to understand current facility and program offerings and to learn what is planned for the future while providing county staff with a living document to help guide and prioritize project implementation. 11. Harnett County Cooperative Extension requested permission to accept a grant for $8,700 from the North Carolina Ag Ventures Grant Program to assist in the Agriculture Livestock Program. The grant funds will be used to purchase handling portable chute equipment, which will provide a safe restraint for animals during vaccination, castration, etc. 12. Administration requested approval of proposed bylaws for the Harnett County Properties Corporation. 13. Administration requested approval of proposed bylaws for the Harnett County Economic Development Council. Vice Chairman Miller opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. - Cris Nystrom of 391 Center Lane in Bunnlevel talked about roadside trash in Harnett County. March 20, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 8 Commissioner Elmore moved to approve the appointments listed below. Commissioner McKoy seconded the motion, which passed 4 - 0. CCCC BOARD OF TRUSTEES Jim Burgin (nominated by Vice Chairman Miller) was reappointed to serve on this board for a term of four (4) years expiring June 30, 2021. HARNETT COUNTY LIBRARY BOARD OF TRUSTEES Ronnie Vinston (nominated by Vice Chairman Miller) was appointed to serve on this board for a term of three (3) years ending March 31, 2020. HARNETT HEALTH SYSTEMS BOARD OF TRUSTEES Dr. J. Bradley Creed representing District 3 and Susan Chriscoe representing District 4 (nominated by Vice Chairman Miller) were appointed to serve on this board for a term of three (3) years ending March 31, 2020. Mr. Snow introduced a Resolution to Create an Economic Development Commission Named the Harnett County Economic Development Council. Mr. Snow stated N.0 G.S. § 158-8 allows counties by resolution to create an economic development commission to assist counties in their economic development efforts. Mr. Snow noted this was an element of the Board's efforts to revamp Harnett County's Economic Development Department. He also said the bylaws, that were previously adopted by the board, would be considered by this council once formed. Commissioner McKoy moved to approve the Resolution to Create an Economic Development Commission Named the Harnett County Economic Development Council. Commissioner Penny seconded the motion, which passed 4-0. (Attachment 2) Planning Services Manager Jay Sikes petitioned the Board for a public hearing regarding the proposed rezoning from RA -40 to RA -30, Case #RZ-17-13, Landowner/Applicant: Parminder Sandhar; 1.45 +/- acres; Pin #0663-84-0414.000; Off SR # 1440 (James Norris Road on Kinnis Creek Drive); Lot 20 Kinnis Creek Subdivision; Black River Township. The site is currently occupied by one single-family residence and surrounding land uses include farmland and residential uses. On March 6, 2017, the Harnett County Planning Board voted unanimously (5- 0) to recommend approval of application based on compatibility to the Land Use Plan and the existing RA -30 zoning in the area. Mr. Sandhar is interested in subdividing his 1.45 acres lot into two lots to build a home for his parents. Mr. Sikes 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 to RA -30 is compatible with the Land Use Classifications of Low Density Residential. Densities in such a land use class can range from 1-3 units per acre depending on utilities, soils, and the character of adjacent development. March 20, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 8 The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested rezoning to RA -30 would maintain the public health, safety, and general welfare due to existing residential uses within the area. This request is NOT for a SMALL SCALE REZONING and should not be evaluated for reasonableness. REASONING: Since the proposed rezoning district of RA -30 is immediately across the road, as well as due to the similarity of the two districts, this application does not need to be evaluated for a Small Scale Rezoning. Suggested Statement -of -Consistency: Staff concludes that, as state in the evaluation, the requested rezoning to RA -30 is compatible with the Land Use Plan as well as comparable to the adjacent zoning district. It is recommended that this rezoning request be approved. Vice Chairman Miller called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Vice Chairman Miller closed the public hearing. Commissioner Elmore moved to approve the proposed rezoning as presented. Commissioner Penny seconded the motion, which passed 4-0. Mr. Sikes petitioned the Board for a public hearing regarding the proposed rezoning from RA -30 to Industrial, Case #RZ-17-65, Landowner/Applicant: Jean D. Kenlan Revocable Trust / Copart, CIO Larry Stripling; 46 +/- acres (out of 157.25 acre tract); Pin #1515-11-6710.000; SR# 1788 (Alphin Road); Averasboro Township. This parcel is currently vacant and surrounding land uses include agriculture, residential and industrial. The applicant's plan is to obtain this tract for an expansion thus the Industrial zoning request. Services available include public water and private septic tank. Mr. Sikes reported that on March 6, 2017, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of a revised application based on compatibility to the Land Use Plan and the existing Industrial zoning that adjoins this parcel. Five different area residents and one legal representatives of an area family spoke in opposition. Concerns consisted of increased traffic, dust, noise, environmental/soil/water contamination, and overall site appearance. After discussions, questions & answers, and more discussion, the applicant requested to amend the application to subdivide the 'leg' portion of the tract that is along Alphin Road and create an access easement through the existing Copart business for the large tract. He also offered to place a deed restriction on the four acres. Planning Board agreed to amend the application, thus removing approximately four acres along Alphin Road which would remain RA -30, and moved forward with a recommendation to rezone approximately 46 acres to Industrial. Mr. Sikes 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 adjacent community is reasonable, as many of the existing uses located in the vicinity of the site are of a non- residential nature, including two Industrial parks. March 20, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 8 The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The existing land use classification, Employment Mixed Use, includes locations for employment and economic development opportunities. Uses would include, but not limited to industrial, warehouse, office, research and development. Therefore, the request is compatible with the existing land use classification. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The proposal enhances the general welfare of the public, safety, and general welfare of the public, as the proposed zoning district will allow for the use of the property in the same manner as the area is already developing. This request is NOT for a SMALL SCALE REZONING and should not be evaluated for reasonableness. REASONING: The subject property is immediately adjacent to Industrial zoning therefore this does not need to be evaluated for a Small Scale Rezoning. Suggested Statement -of -Consistency: Staff concludes that the requested rezoning to Industrial is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community based on the Land Use Plan and adjacent Industrial zoning. It is recommended that this rezoning request be approved. Mr. Sikes responded that any kind of use in Industrial that would abut to residential would require a pretty intensive buffer. He said if Copart is able to go forward, they propose leaving all of the existing tree and at least a 50 -foot buffer around the residential area. Mr. Sikes also noted a 50 -foot building set back requirement. Vice Chairman Miller called to order a public hearing on the matter and opened the meeting for comments from the public. The following citizens spoke in opposition to the proposed rezoning. They cited health issues, environmental concerns, dust, noise, fumes, traffic, insects, animals, site appearance and concerns about strangers coming into their neighborhood: Ronald Lee Radcliffe, 71 Alphin Road, Dunn Betsy Davis, lives on Hwy 301 across from the property being considered Bruce McKoy, lives on the service road off I-95, adjacent to the property being considered Elizabeth Utley, 232 Alphin Road Gary Parrish, 3324 US 301 South, Dunn Jerry Rivas, 364 Twin Ponds Road, Sanford Jennifer Baker, 844 Alphin Road, Dunn Larry Stripling of North Palm Beach in Florida, who spoke on behalf of the applicant, spoke in favor of the proposed rezoning. He said Copart needs to expand and asked for a chance to go before the Board of Adjustment. Mr. Stripling also responded to concerns voiced about Copart. March 20, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 7 of 8 Mr. Locklear reiterated that the Board must consider all of the uses allowed in the Industrial category, not if Copart would be on the property. Mr. Locklear clarified the Board of Commissioners are only considering Industrial zoning and any decision tonight would be final in regards to rezoning. Staff read permitted uses within Industrial zoning. Discussions continued. Mr. Locklear stated "auto salvage" would be conditional use therefore Copart would be required to go before the Board of Adjustment and that is where specific uses will be discussed and conditions, if any, determined. Seeing no one else move, Vice Chairman Miller closed the public hearing. Commissioner Elmore, who said he has received numerous calls and visits from citizens voicing their concerns regarding this rezoning, moved to deny the proposed rezoning as presented. Commissioner Penny seconded the motion, which passed 4-0. (Attachment 3 Statement -of -Consistency) Mrs. Stewart presented the following reports: - Public Health Activities Summary — February 2017 - Interdepartmental Budget Amendments Mrs. Stewart reminded the Board of the March 24th ribbon cutting ceremony for the Johnsonville Convenience Site. She also noted tentative plans for a ribbon cutting ceremony for the Buies Creek Convenience Site in April. There was no new business and no need for closed session. Commissioner Elmore moved to adjourn the meeting at 8:13 pm. Commissioner Penny seconded the motion, which passed 4-0. - March 20, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 8 of 8 ATTACHMENT 1 0000011987-2016-2016-0000-00 JJ3 passassy 00-0000-£IOZ-£IOZ-Z49Zb00000 »3 uf passassy 00-0000-PIOZ-1710Z-Zb9Z1700000 113 passassy 0000042642-2015-2015-0000-00 T c a (0 O O X c aO Cu r7 at 0.) 3 H f.3 • a'aNj O- ONO 3rr (1) O 73 O 7 O 3 V 3 0 w ( O fD w C C a O CL 0 p 13370=7J— -4 C m m m 0-0 N ro VI. N to VI. to to ut to r N In V V al 571 to in V V O O r w o r w 1 1I A A ▪ A • r N Vi Ol O) O▪ ) CA w VI GI V1 V O i - r N I-, m r N (JJ r) v v v e, 7c 7c -• .<3 ZZ Z *r. m D 2 2 2 77 0 K DK DZ • 77 Z N D (Tim m A 3unowy paniaaaa 3unowy pun}aa ro a 1 .LM HI'IHDVIIV ATTACHMENT 2 Harnett T COUNTY NORTH CAROLINA A RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS TO CREATE AN ECONOMIC DEVELOPMENT COMMISSION NAMED THE HARNETT COUNTY ECONOMIC DEVELOPMENT COUNCIL THAT WHEREAS, the County of Harnett, North Carolina (the "County") is a valid existing political subdivision of the State of North Carolina, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina; and WHEREAS, the Harnett County Board of Commissioners through its Economic Development Department continues to strive to stimulate, encourage, support and promote the economic development of Harnett County for the benefit of all its citizens. North Carolina General Statutes § 158-8 allows Counties by resolution to create an economic development commission to assist Counties in their economic development efforts. Harnett County desires through this Resolution to create such a commission for the purposes set forth by state law and the commission's bylaws, rules and regulations. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS AS FOLLOWS: 1. That the Board of Commissioners does hereby create an economic development commission which shall be named the "Harnett County Economic Development Council" ("the Council"). 2. That the Council shall be organized and shall operate pursuant to its bylaws and any subsequent amendments thereto which shall be first approved by the Harnett County Board of Commissioners and subsequently considered and adopted by the Council. This Resolution is duly adopted this the 20th day of M. 017. strong roots • new growth Iler, Vice Chairman ett County Board of Commissioners www.harnettorg STATE OF NORTH CAROLINA COUNTY OF HARNETT I, MARGARET REGINA WHEELER, Clerk to the Board of Commissioners of the County of Harnett, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled "A RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS TO CREATE AN ECONOMIC DEVELOPMENT COMMISSION NAMED THE HARNETT COUNTY ECONOMIC DEVELOPMENT COUNCIL" adopted by the Board of Commissioners of the County of Harnett, North Carolina at a meeting held on the 20th day of March, 2017. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 20th day of January, 2017. www.harnett.org ,/k/ (61,04. MAR ARET REG ►C' A WHEELER Clerk f the Board Coun of Harnett, North Carolina ATTACHMENT 3 Harnett COUNTY NORTH CAROLINA Development Services Department www.harnett.orq PO Box 65 108 E. Front St. Lillington, NC 27546 Ph: 910-893-7525 Fax: 910-814-6459 Proposed Zoning Change: Case # RZ-17-65 Landowner: Jean D. Kenlan Revocable Trust Applicant: Copart, C/O Larry Stripling Request: 45.87 acres (out of 157.25 acre tract) from RA -30 to Industrial Location: SR# 1788 (Alphin Road); Averasboro Township Pin: #1515-11-6710.000 Meeting Date: March 20, 2017 Statement -of -Consistency The requested rezoning to Industrial was found to have an unreasonable impact on the surrounding community and does not enhance or maintain the public health, safety, and general welfare due to the potential noise and traffic increase as well as dust and environmental concerns. Therefore the Harnett County Commissioners DENIED the rezoning request. Joe Mijf`er, Vice Chairman A ST: ato Margar t Regina eeler, Clerk to the Board strong roots • new growth