Loading...
HomeMy WebLinkAbout052019mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting May 20, 2019 The Harnett County Board of Commissioners met in regular session on Monday, May 20, 2019, in the Commissioners Meeting Room, County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Members present: Gordon Springle, Chairman Howard Penny, Vice Chairman Barbara McKoy, Commissioner Joe Miller, Commissioner Member absent: Abe Elmore, Commissioner (deceased) Staff present: Paula Stewart, County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Chairman Springle called the meeting to order at 6:00 pm. The group observed a moment of silence honoring Commissioner Abe Elmore who passed away on Sunday, May 19, 2019. Vice Chairman Penny led the Pledge of Allegiance and invocation. Chairman Springle called for any additions or deletions to the published agenda. Commissioner Miller moved to approve the agenda as published. Vice Chairman Penny seconded the motion that passed 4-0. Lynn Lambert, Natural Resources Director with Harnett Soil and Water Conservation District, recognized the Harnett County's Envirothon Team students and their Team Advisor Sara Sealey. Mrs. Lambert provided a brief summary about the NC Envirothon Program. She noted the Envirothon program is the largest natural resources conservation based competition of its kind and is designed to develop environmentally aware citizens who are able to assume future leadership roles in the areas of natural resources conservation. It consists of a yearlong curriculum for both middle and high school students combining both in the classroom and outdoor training in ecology and natural resources management. The program is designed to emphasize teamwork and higher order thinking skills such as analysis and interpretation. Mrs. Lambert announced that Harnett County's Envirothon Teams had competed in the Area 7 Envirothon Contest in Bladen County and finished 3rd, 4th, 5th, 6th and 7th in the middle school division and all qualified for the state level event. Harnett also had the contest's highest scoring team in the current environmental issues category. During the NC Envirothon Contest in Alamance County Harnett had a team that placed 14th out of 51 teams with the rest not far behind. Mrs., Sealey addressed the Board and group pictures with students were taken. May 20, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 7 Vice Chairman Penny moved to approve items on the consent agenda. Commissioner McKoy seconded the motion, which passed 4-0. 1. Tax rebates, refunds and releases 2. Harnett County Animal Services requested approval of a Resolution Authorizing the County Manager to Waive Animal Adoption Fees when necessary for special events, illness, shelter capacity limits or other deemed reasonably necessary by staff. (Attachment 1) 3. Administration requested adoption of the North Carolina Local Government Records Retention Schedule. The March 2019 updates to North Carolina Government Records Retention Schedules have been signed by the Department of Natural and Cultural Resources. The universal update covering General Records is taking the form of a General Local Records Retention Schedule. When adopted, it supersedes the following standards on all local schedules published prior to March 1, 2018: 1) Administration and Management Records, 2) Budget, Fiscal and Payroll Records, 3) Geographic Information System (GIS) Records, 4) Information Technology Records, 5) Legal Records, 6) Personnel Records, 7) Public Relations Records, 8) Risk Management Records, and 9) Workforce Development Records 4. Harnett County Parks and Recreation requested approval of two change orders totaling $28,050 for the Neills Creek Park Tennis Court Project. Changer order #1 is due to the discovery of an area of 97 cubic yards of unsuitable soil and soils need to be stripped and replaced with suitable soils at an additional cost of $14,550. Change odder #2 is to add an additional one inch of asphalt. The plan called for two 1" lifts (2 inches of total asphalt) however this change order calls for two 1.5" (3 inches of total asphalt) at an additional cost of $13,500. 5. Harnett County Public Library requested approval to accept the LSTA Edge Technology Grant for $7,478. Grant funds will be used to purchase technology tools and equipment to improve and increase community access to technology and digital learning. This is a reimbursement grant and there is no county match required. The following items were approved, as part of the consent agenda, by a majority of the Board and shall be reconsidered at the next regular meeting of the Board. 1. Harnett County Finance Officer requested approval of the Northwest Harnett Elementary School Project Capital Project Ordinance totaling $29,634,397. This project ordinance was approved by a majority of the Board (4-0) and shall be reconsidered at the next regular meeting of the Board. 2. Harnett County Finance Officer requested approval of a Resolution Declaring the Intent of the County of Harnett to Issue Approximately $28,000,000 General Obligation School Bonds to Finance NW Harnett Elementary School, as requested by the Board of May 20, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 7 Education, and to Reimburse Itself for Capital Expenditures Incurred in Connection with the Acquisition and Construction of NW Harnett Elementary School from the Proceeds of Such General Obligation School Bonds Executed to be Issued in Fiscal Year 2020. This resolution was approved by a majority of the Board (4-0) and shall be reconsidered at the next regular meeting of the Board. 3. Harnett County Finance Officer requested approval of the Erwin Elementary School Project Capital Project Ordinance totaling $23,481,723. This project ordinance was approved by a majority of the Board (4-0) and shall be reconsidered at the next regular meeting of the Board. 4. Harnett County Finance Officer requested approval of a Resolution Declaring the Intent of the County of Harnett to Issue Approximately $23,500,000 General Obligation School Bonds to Finance Erwin Elementary School, as requested by the Board of Education, and to Reimburse Itself for Capital Expenditures Incurred in Connection with the Acquisition and Construction of Erwin Elementary School from the Proceeds of Such General Obligation School Bonds Executed to be Issued in Fiscal Year 2020. This resolution was approved by a majority of the Board (4-0) and shall be reconsidered at the next regular meeting of the Board. Chairman Springle opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. - Cris Nystrom addressed the Board. The following citizens addressed the Board asking that they replace Erwin Elementary as fast as possible: Erwin Mayor Patsy Carson - Steve West Abby Wood Candise Cowan - Ashley Hinson Steve Wood Daily Record Reporter Rick Curl responded to citizens who he said had misquoted information provided in the paper. Commissioner Miller moved to approve the appointment listed below. Vice Chairman Penny seconded the motion that passed 4-0. Cemetery Board Of Trustees Anne Marsh was reappointed to serve on this board for a term of three years expiring April 30, 2022. Historic Properties Commission Melanie Collins was reappointed to serve on this board as an alternate for a term of three years expiring February 28, 2022. May 20, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 7 Mark Locklear, Director of Harnett County Development Services, petitioned the Board for a public hearing regarding the Proposed Zoning Change: Case # PLAN1903-0002, Landowners/Applicants: Southeast Properties Family, LLC; 7.12 acres; Pin #'s 0513-76-3120 & 0513-76-0085; From RA -20M to Commercial Zoning District; NC Hwy 210 South; Anderson Creek Township. Mr. Locklear reported that the site is currently occupied by a nonresidential structure with surrounding land uses consisting of residential developments, various nonresidential uses and vacant/undeveloped land. Services available include Harnett County public water and sewer. Mr. Locklear noted that on May 6, 2019, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of this application based on surrounding residential uses, adjacent identical zoning districts, as well as overall compliance with the Land Use Plan. He said no one spoke in opposition. Mr. Locklear stated staff s evaluation as: The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The requested zoning change to Commercial will not have a negative impact on the community as it has been used for nonresidential purposes for many years, as well as being adjacent to several existing Commercial parcels in the area. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning district is not fully compatible with the existing Land Use classification of Low Density Residential however; this site is within a Compatibility Development Target area. This allows for uses that would make the most of the presence of public water and sewer availability. In addition, a Rural Center development node is just north of this site. So when studied again, a Land Use map amendment would be to recommend extending this existing Rural Center development node along the NC 210 corridor. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested rezoning to Commercial would maintain or enhance the public health, safety and general welfare due to the site's history or commercial use. The request is NOT for a SMALL SCALE REZONING and should be NOT be evaluated for reasonableness. REASONING: Since these tracts are immediately adjacent to a Commercial zoning classification, this application does not need to be evaluated for Small Scale Rezoning. 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 based on the existing nonresidential uses in this area as well as within the area therefore it is recommended that this rezoning request be approved. Mr. Locklear commented this is one of those instances where you have a non-residential use that has been a non-residential use for years, it just happens to sit on a residential piece of property in a commercial area. May 20, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 7 Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman Springle closed the public hearing. Vice Chairman Penny moved to approve the requested rezoning to Commercial as it is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community based on the existing nonresidential uses on this site as well as within the area. Commissioner Miller seconded the motion, which passed 4 to 0. Mr. Locklear petitioned the Board for a public hearing regarding proposed zoning change: Case # PLAN1904-0001 Landowners/Applicants: Barbara Jones; 5.33 acres; Pin #'s 1528-52-9101, 1528-52-1018, and 1528-61-2922; From Commercial to RA -30 Zoning District; US 301 N, Neill's Creek Township. Mr. Locklear reported that the site currently has one parcel occupied by a house, the other an auto repair facility. Services available include Harnett County public water and private septic tank. Mr. Locklear noted that on May 6, 2019, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of this application based on compatibility with the surrounding uses. He said no one spoke in opposition. Mr. Locklear stated staff's evaluation as: The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The requested zoning change to RA -30 will not have a negative impact on the community since one site has been used as a residence for many years, and the other site's use of an auto repair shop is an allowable Conditional Use in RA -30. 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 classification of Compact Mixed Use area. These areas with access to major thoroughfares & utilities are incorporate a mix of residential and nonresidential uses. 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 the existing residential uses within the area. The request is NOT for a SMALL SCALE REZONING and should be NOT be evaluated for reasonableness. REASONING: Due to the total acreage of all of the parcels, the application does not need to be evaluated for Small Scale Rezoning. Suggested Statement -of -Consistency: Staff concludes that the requested rezoning to RA -30 would not have an unreasonable impact on the surrounding community as it is complaint with the County's Land Use Plan as well as due to the presence of the existing residential uses in the area therefore it is recommended that this rezoning request be approved. Mr. Locklear said he believes it is the intent of the applicant not to reopen the auto repair facility once it eventually closes. May 20, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 7 Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. Cameron Benson, the applicant's grandson, addressed the Board. Mr. Benson said he is trying to purchase the house and cannot obtain a residential mortgage for property that is zoned Commercial. Seeing no one else move, Chairman Springle closed the public hearing. Vice Chairman Penny moved to approve the requested rezoning to RA -30 as it would not have an unreasonable impact on the surrounding community based on the existing residential use on site, other residential uses in the area, and compliance with the County's Land Use Plan. Commissioner Miller seconded the motion, which passed 4 to 0. Brian Haney, one of the Assistant County Managers, presented the request for approval of a Capital Project Ordinance for the "Shawtown Area Community Center Feasibility Study." This project includes the preparation of a conceptual site plan, development of a rendered site plan and building evaluation plan, and preliminary estimation of construction costs for a community center to be constructed by the Shawtown Alumni Association on property the Association acquired from Harnett County behind the former Shawtown School. The County gave the property to the Alumni Association in 2012 with the requirement that a community center be constructed on the property by 2032. This project will be funded through a $10,000 grant-in-aid, which Harnett County was awarded for the development of this project. Mr. Haney explained no County funds are included in this project and the money will flow through us to them. Commissioner McKoy moved to approve the Capital Project Ordinance for the "Shawtown Area Community Center Feasibility Study". Commissioner Miller seconded the motion. This project ordinance was approved by a majority (4-0) of the Board but shall be reconsidered at the next regular meeting of the Board. Barry Blevins, Harnett County General Services Director, sought consensus by the Board regarding Option #1 or Option #2 for the exterior concept for the Terminal Design. Commissioners asked staff to first get the Harnett Jetport Committee's recommendation for the exterior concept and then bring it back to the Board for consideration. Mrs. Stewart requested approval of a Project Budget Ordinance Amendment to increase the project budget to reflect the estimated cost of $24,027,257 for the new Harnett County Resource Center and Library, DSS building addition and site improvements. Commissioner McKoy asked if there were any grant funds available to apply to the cost of this facility. Mrs. Stewart responded that the County would get a small reimbursement from the State for the DSS expansion part of the project. Commissioners asked staff to estimate how much money the County will save in rent costs once the new building is occupied. Vice Chairman Penny moved to approve the increase in the project budget with financing for $23,000,000 of the project cost and authorizing County staff to seek alternative methods of funding the FF&E cost of the project. Commissioner McKoy seconded the motion. This project ordinance was approved by a majority of the Board, 3-1 with Miller opposing, but shall be reconsidered at the next regular meeting of the Board. May 20, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 7 Mrs. Stewart presented the following report: - Harnett County Public Health Activities Summary — April 2019 Mrs. Stewart addressed some concerns raised earlier by Erwin residents. She confirmed the Board previously agreed to fund two new schools. Mrs. Stewart noted that Harnett County Schools are currently in the process of selecting an architect for the Erwin project and once that is done staff can work together to go before the Local Government Commission. She said there is a process that has to take place; staff is working as hard as they can to be ready when the School Board presents a plan. There was no new business. Commissioner McKoy moved that the Board go into closed session for the following purposes: 1) Consultation with the County's legal staff in order to preserve the attorney-client privilege concerning the handling of certain claims and litigation including: a. Workers Compensation claim of Catherine G. Dawson I.C. File No. 17-054128 b. Workers Compensation claim of Michael Stinecipher I.C. File No. 19-002954; and 2) To instruct the County staff concerning the position to be taken by the County in negotiating a contract for the acquisition of real property; and 3) To discuss certain economic development matters. This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(3)(6)&(4). Commissioner Miller second the motion that passed 4 -0. Vice Chairman Penny moved that the Board come out of closed session. Commissioner Miller seconded the motion that passed 4-0. Commissioner McKoy moved to adjourn the meeting at 7:39 pm. Vice Chairman Penny seconded the motion, which passed 4-0. Gordtnfi Springle et Regina eeler, Clerk May 20, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 7 of 7 ATTACHMENT 1 RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE COUNTY MANAGER TO WAIVE ANIMAL ADOPTION FEES WHEREAS, the laws of the State of North Carolina, and in particular North Carolina General Statute § 153A-102, authorize the Harnett County Board of County Commissioners to fix fees and commissions charged by county officers and employees for performing services or duties permitted or required by law; and WHEREAS, the Board of Commissioners adopted a rate/fee schedule for the Harnett County Animal Services Department ("Animal Services"); and WHEREAS, it is necessary to waive certain Animal Services fees in specific situations to ensure the efficient and safe operation of the Harnett County animal shelter and to protect the health and well-being of the shelter animals; and WHEREAS, North Carolina General Statute §153A-12 authorizes the Board of Commissioners to delegate responsibility for any function or activity to others as it sees fit, unless specifically precluded by statute, by ordinance or resolution; and WHEREAS, the Board of Commissioners is authorized to delegate the authority to waive Animal Services fees and desires to delegate such authority to the County Manager. NOW, THEREFORE, be it resolved by the Harnett County Board of Commissioners as follows: 1. The County Manager, upon consultation with the General Services Director, may waive one or more of the fees listed in the then current Animal Services rate/fee schedule when the Harnett County animal shelter is at or near capacity, for "clear the shelter" and other adoption events, to prevent the spread of illness and/or disease to healthy animals at the shelter, or for any other reason deemed reasonably necessary by the County Manager and the General Services Director. 2. A waiver of Animal Services fees shall be temporary and shall cease when the shelter is at or below 50 percent capacity, when the event prompting the waiver has ended, or when illness or disease no longer poses a threat to the health of the shelter animals. Duly adopted by the Harnett County Board of Commissioners this a t ay of May, 2019. est: arg HARNETT COUNTY BOARD OF COMMISSIONERS Bv: ret Regina eler, Clerk ordon Spri Chairman of the Board of Commissioners