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HomeMy WebLinkAbout021219wsa Agenda PackageHarnett County Board of Commissioners Work Session Tuesday, February 12, 2019 9:00 am 9:00 am Presentation regarding the Old Boone Trail School, Preservation NC 10:00 am Review proposed By -Laws for the Dangerous Dog Committee, Barry Blevins 10:30 am Discuss request for CALEA funding, Sheriff Wayne Coats- 11:00 oats 11:00 am County Manager's Report: - February 18, 2019 Regular Meeting Agenda Review - Thank you plaque from Harnett County Special Olympics - Invitations and upcoming meetings 1 1:15 am Closed session 12:00 pm Adjourn NORTH CAROLINA PRESER Weil Houses The Weil Houses, a pair of Victorian houses owned by a prominent Jewish family, had been acquired by the county for demolition to make way for parking lots for struggling down- town Goldsboro. Bowing to politcal pressure from a group of young activists, the county commissioners gave Preservation North Carolina six months to find a buyer for the Henry Weil House. When, to their surprise. PNC found a buyer, the county commissioners voted 4-3 CO rescind their agreement to sell. The commissioners who opposed the sale justified their change of heart by noting that the property would still have to go through a public bid- ding process. Authorizing rhe sale of the Henry Weil House wouldn't necessarily guarantee that PNC would end up as its owner. In the bidding process the house might be purchased by a third party for de- molition. PNC went to work to get legislation permitting a negotiated price without hid, with the provi- sion that the properties are placed under preservation covenants. That legislation helped save the Henry Weil House and, three years later, the neighboring Solomon Weil House. Both houses have been lovingly re- stored, and downtown is experienc- ing a revival under the aegis of the Downtown Goldsboro Development Corporation. Disposition of Surplus Public Property A Smart Option Local governments and other local public agencies sometimes end up owning historic properties for which they have no immediate use. Disposition of these properties requires special care to ensure the preservation of the historic property itself and respect its sur- roundings. Usually real property can only be disposed of by local public agencies through sealed bids, negotiated offers with upset bid, public auctions or exchanges. These methods create uncertainty, especially when the prop- erty is historic and an upset bid may result in its destruction. In 1979, at the behest of then -Attorney General Rufus Edmisten, the North Carolina General Assembly passed a bill that allows local governments to sell historic properties to nonprofit preservation organizations at a ne- gotiated price, rather than through a protract- ed bidding process. N.C.G.S. 160A-266 (see sidebar) allows for a sale by private negotiation and sale of historic properties (or properties associated with historic properties — such as adjacent properties or sites for property reloca- tion) to a nonprofit preservation organization. That organization may then dispose of the property so long as protective covenants or a preservation easement has been incorporated into the transfer. N.C.G.S. 153A-176 extends this provision to county agencies. Through this process conditions for the prop- erty's sale can be developed and a sympathetic purchaser found — without the uncertainty that surrounds the bidding process. N.C.G.S. § 160A 266. (a) Subject to the limitations prescribed in subsection (b) of this section, and according to the procedures prescribed in this Article, a city may dispose if real or personal property belonging to the city by: (1) Private negotiation and sale; (2) Advertisement fir sealed bids; (3) Negotiated offer; advertisement, (4) Public auction; or (5) Exchange. (b) Private negotiation and sale may be used only with respect to personal property valued at less than thirty thousand dollars ($30,000) for any one item or group of similar items. Real property, ro fany value, and personal property valued at thir- ty thousand dollars ($30,000) or morefin- any one item or group of similar iterns may be exchanged as permitted by G.S. 160A 271, or may be sold by any method permitted in this Article other than private negotiation and sale, except as permitted in G.S. 160A 277 and G.S. 160A 279. Provided, however, a city may dispose of real prop- erty of any value and personal property valued at thirty thousand dollars ($30,000) or more for any one item or group of similar items by private negotiation and sale where (i) said real or personal property is significantfor its architectural, archae- ological artistic, cultural or historical associations, or significant for its relationship to other property significant for architecturah archaeological artis- tic, cultural or historical associations, or signifi- cantfor its natural scenic or open condition; and (ii) said real or personal property is to be sold to a nonprofit corporation or trust whose purposes include the preservation or conservation of real or personal properties of architectura4 archaeo- logica4 artistic, cultural, historical, natural or scenic significance; and (iii) where a preservation agreement or conservation agreement as defined in G.S. 12135 is placed in the deed conveying said property from the city to the nonprofit corporation or trust. Said nonprofit corporation or trust shall only dispose of or use said real or personal property subject to covenants or other legally binding restrictions which will promote the preservation or conservation of the property, and, where appropri- ate, secure rights of public access. and upset bid; Preservation North Carolina (PNC) has purchased and resold more than 30 historic public properties, resulting in more than $50 million in historic rehabilitation. Go to www.presnc.org/surplus for a slide show of successfully rehabilitated properties. A East Flat Rock High East Flat Rock Affordable housing B Rutherfordton Town Hall Rutherfordton Private residence and inn C Gastonia Central Elementary School Gastonia Charter school C Dallas High School Dallas Affordable housing C Mayworth School Cramerton Affordable housing and public auditorium D Lenoir High School Lenoir Affordable housing and public auditorium E Lincoln Heights High School North Wilkesboro Community center F Mulberry Street School Statesville Affordable housing G McGuire -Selzer House Mocksvillc Private residence H Dunbar School Lexington Affordable housing I Oak Grove School Bethania Museum JWalnut Cove Colored School Stokes County Community center K Reidsville High School Reidsville Affordable housing L Old Sanford Town Hall Sanford Professional offices L Wilrik Hotel Sanford Affordable housing M McKay House Dunn Private residence N Durham Public Library Durham Professional offices • Bain Water Treatment Plant Raleigh Currently in development P Perry Memorial Library Henderson Professional offices P Maria Parham Hospital Henderson Affordable housing QHenry Weil House Goldsboro Private residence QSolomon Weil House Goldsboro Boutique retail Q Old Mount Olive High School Mt. Olive Affordable housing and public auditorium R Charles L. Coon High School Wilson Affordable housing S Ivy Hill Halifax County Private residence T John A. Wilkinson High School Belhaven Community center U Bertie Memorial Hospital Windsor Affordable housing ✓ Swain School Edenton Affordable housing, public auditorium, art center W Walker Nurses Dormitory Wilmington Affordable housing If your local government agency has surplus historic property and you would like assistance in finding new uses and users, Preservation North Carolina can help. Contact PNC and one of its regional properties staff members will gladly work with you to help take an unused property and return it to a good new use. 919-832-3652. Historic Schools By using rhe negotiated bid process allowed under NCGS 160A-266, a local government can work with Preservation North Carolina (PNC) or a similar group ro make sure that the property goes into responsible ownership for a good use. New investment will enhance the local tax base, and public interests are served. Developers with a credible track record have the opportunity to devise plans, undertake necessary due diligence and obtain financing before the transfer of title. The Encore of important public resources isn't lett to chance. PNC has \vorked with dozens of vacant school buildings, helping to guide them into new uses compat- ible with their surroundings. Uses have ranged from luxury condos to affordable ionising. offices to charter schools to community centers. Iu several cases, local governments have negotiated for the continued public use for a portion of the property, such as public auditoriums, police training facility, recreation centers, arts council use, crc. Through adaptive use, these former historic schools now serve important privare and public purposes and represent substantial new private investments in older parts of rown. Whole neighborhoods benefit horn reinvestment, and tax bases are en- hanced. ICs a win-win proposition. HARNETT COUNTY NORTH CAROLINA DANGEROUS DOG COMMITTEE BY-LAWS ARTICLE I NAME The name of the organization is hereby designated as the "Harnett County Dangerous Dog Committee." It is hereinafter referred to as the "Committee". ARTICLE II PURPOSE The purpose of the Harnett County Dangerous Dog Committee is to carry out the provisions of North Carolina General Statute 67-4.1 and the Animal Services Ordinance for Harnett County, North Carolina. ARTICLE III MEMBERSHIP Section 1. Members The Committee shall consist of three members and one alternate appointed by the Harnett County Board of Commissioners (hereinafter referred to as the "Commissioners"). All Committee members and the alternate shall be residents of Harnett County. Section 2. Terms Members and alternates of the Committee shall serve three-year terms, or for the remainder of the unexpired term of a member or alternate who has resigned, been removed by the Commissioners, or otherwise vacated their membership position. Members of the Committee shall be limited to three consecutive terms, unless waived; however, members may be reappointed after remaining off the Committee for at least one year. Alternates are not limited in the number of terms served. 1 Section 3. Vacancies in Membership Any vacancy occurring in membership of the Committee shall be filled by the Commissioners. Any member who is absent from three consecutive scheduled hearings or displays a consistent record of absenteeism, is subject to removal from membership at the sole discretion of the Commissioners. Section 4. Voting Members All members of the Committee designated in Section 1 above shall be voting members of the Committee, with the exception of the alternate if all members are present for the hearing. Section 5. Quorum It shall be necessary for all three members, or two members and an alternate, to be present to constitute a quorum of the Committee and an affirmative vote of the majority of those present at a Committee hearing shall be required to constitute official action of the Committee. ARTICLE IV ORGANIZATION Section 1. Officers The regular members of the Committee shall elect among themselves two officers of the Committee, a Chairman and a Vice -Chairman. The Chairman and Vice -Chairman of the Committee shall be elected in the following manner: A. The Chairman and the Vice -Chairman shall be elected by the Committee during its first hearing of each year called into session. B. A prospective Chairman or Vice -Chairman must have a minimum of one year experience on the Committee. C. The Chairman and Vice -Chairman shall serve terms of one year in their respective offices and shall be limited to two successive full terms. Section 2. Duties of Officers The responsibilities of the Chairman and the Vice -Chairman shall be as follows: 2 A. The Chairman shall preside at hearings, administer oaths to witnesses, maintain order and proper decorum, and conduct other appropriate Committee activities as necessary. B. The Vice -Chairman shall assume the responsibilities of the Chairman in his or her absence, when the Chairman is temporarily unable to serve, or as directed by the Chairman. Section 3. Minutes The staff of the Harnett County Animal Services Department shall be the recording secretary to keep minutes of Committee hearings. ARTICLE V RESPONSIBILITIES OF THE COMMITTEE The duties and responsibilities of the Committee shall include: A. The Committee shall hear and decide appeals of the determinations of the General Services Appointed Review Committee that a dog is a "potentially dangerous dog" or a "dangerous dog" pursuant to the Harnett County Animal Services Ordinance. B. Any other responsibilities or duties assigned to the Committee by the Commissioners, not inconsistent with the North Carolina General Statutes. ARTICLE VI HEARINGS Section 1. Hearings Hearings shall be scheduled as necessary to hear de novo appeals of whether a dog is a "potentially dangerous dog" or a "dangerous dog." Section 1. Notice All hearings conducted by the Committee shall be properly noticed pursuant to North Carolina Open Meetings Law. Notice of the time, place, and agenda items to be considered at each hearing shall be given in writing to the Committee members, appellant, and complainant 10 days prior to the hearing. Section 2. Cancellations and Continuances 3 Hearings may be cancelled by giving reasonable notice to each Committee member, appellant, and complainant, and by posting a Notice of Cancellation at the place of the hearing. If the Committee recesses a properly noticed hearing and the time and place at which the hearing is to be continued is announced in open session, no further notice shall be required. ARTICLE VII VOTING Section 1. One Vote Each Each Committee member, including the Chairperson, shall be entitled to one vote. Section 2. Proxy Votes No member shall vote by proxy. Section 3. Abstentions No Committee members shall be excused from voting except in cases where Committee members are related by blood or marriage to any appellant or complainant, or voting would otherwise pose for them a conflict of interest. Section 4. Determination of Actions Following the making of a motion and a second, the Chairman shall restate the motion before calling for a vote. All final actions shall require the favorable vote of a majority of those members present at a duly called hearing. ARTICLE VIII RULES AND PROCEDURES OF COMMITTEE HEARINGS The following rules and procedures shall govern the Dangerous Dog Committee hearings: A. Committee hearings shall be open to the public and the person requesting the appeal may appear pro se or be represented by an attorney. B. The Committee hearing shall be quasi-judicial in nature and any person providing testimony must be sworn in by the Chairman, Vice -Chairman, or acting Chairman. All testimony shall be recorded by audio recording. 4 C. The Committee shall hear the appeal de novo and the Animal Services Director or his/her designee shall have the burden of proving that the applicable provisions of the Harnett County Animal Services Ordinance have been violated. D. Committee members may ask questions at any time during the hearing and may request additional evidence from any party or witness, including continuing the hearing in the interest of fairness. E. The parties may present competent, relevant, and material evidence or testimony, cross-examine witnesses, inspect documents, and offer evidence or testimony in explanation or rebuttal. F. The Chairman shall rule on the admissibility of any evidence and any procedural issues that may arise. G. Committee members may exclude and not factor into their decision any evidence, testimony, or statements deemed incompetent, irrelevant, immaterial, or unduly repetitious and therefore fail to reasonably address the issues before the Committee. H. No Committee member shall discuss any agenda item with an applicant or other concerned individuals prior to the hearing. I. All discussions and decisions during a Committee hearing shall be public record. No decisions shall be made on any agenda item outside a regularly scheduled or properly called hearing. J. The Committee shall affirm, reverse, or modify the determination of the General Services Appointed Review Committee which has been appealed. Any conditions imposed by the Committee shall be reasonable, relevant to the issues in the matter, and comply with the provisions of the Animal Services Ordinance and Chapter 67 of the North Carolina General Statutes. K. The Committee shall announce its decision at an open meeting and render it in writing as expeditiously as possible following the hearing. The Committee's decision shall contain findings of fact and conclusions in support of its decision and shall be sent by certified mail, return receipt requested, to the appellant. L. Roberts Rules of Order- The Modern Edition shall be followed for parliamentary matters not covered by this Article. ARTICLE IX 5 AMENDMENTS These by-laws may be altered, amended, or rescinded by a majority vote of the Commissioners, provided that at least two weeks written notice, including the proposed changes, is given to the Committee of the intention to alter, amend, or rescind the by- laws. ARTICLE X RATIFICATION PROVISIONS These by-laws are adopted and shall be in full force and effect immediately upon a majority vote of approval by the Harnett County Board of Commissioners. THE HARNETT COUNTY BOARD OF COMMISSIONERS C. Gordon Springle, Chairman ATTEST: Margaret Wheeler, Clerk to the Board 6