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HomeMy WebLinkAbout111819mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting November 18, 2019 The Harnett County Board of Commissioners met in regular session on Monday, November 18, 2019, in the Commissioners Meeting Room, County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Members present: Member absent: Staff present: Gordon Springle, Chairman Mark B. Johnson, Commissioner Barbara McKoy, Commissioner Joe Miller, Commissioner Howard Penny, Vice Chairman Brian Haney, Assistant 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. Commissioner McKoy led the Pledge of Allegiance and invocation. Chairman Springle called for any additions or deletions to the published agenda. Mr. Haney asked that the request for approval of a lease agreement with Wake Enterprises, Inc., be removed from the consent agenda for clarification. Commissioner Miller moved to approve the agenda as amended. Commissioner Johnson seconded the motion that passed 4 - 0. Commissioner McKoy moved to approve items on the consent agenda. Commissioner Miller seconded the motion, which passed 4 - 0. 1. Minutes: November 4, 2019 Regular Meeting October 29, 2019 Work Session 2. Budget Amendments: 17 Public Safety Special Code 2104300 569010 2104300 569010 2103900 390990 18 General Fund JCPC Code 1104995 569010 1105870 569010 1103900 390990 Revenue JCPC JCPC Admin Unspent Grant Funds Healthy Choice Unspent Grant Funds Fund Balance Appropriated 4H Teen Court Unspent Grant Funds Restitution Unspent Grant Funds Fund Balance Appropriated 11,625 increase 34 increase 11,659 increase 7,046 increase 5,499 increase 12,545 increase November 18, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 8 1234 Transportation CIPAD Code 1104630 502010 1104630 502050 1104630 504010 1104630 505010 1104630 505050 1104630 503030 1104630 506010 1104630 506040 1104630 507050 1104630 507070 1104630 507010 1104630 507030 1104630 521030 1104630 531010 1104630 531020 1104630 531030 1104630 533010 1104630 533030 Salaries & Wages — Regular Salaries & Wages — Longevity Expense Allowance FICA State Retirement 401(k) — General Medical Insurance Life Insurance Employee Clinic OPEB Unemployment Insurance Worker's Compensation Uniforms Training- Mileage Training — Meals Training — Lodging Electricity Natural Gas 1246 General Government Special Revenue Code 2999990 598400 Interfund Trans — Capital Project 2993900 390990 Fund Balance Appropriated 1248 General Government Special Revenue Code 2999990 598400 Interfund Trans — Capital Project 2993900 390990 Fund Balance Appropriated 3. Tax rebates, refunds and releases 2,523 increase 4 increase 500 increase 193 increase 564 decrease 554 increase 177 increase 8 increase 50 decrease 12 decrease 13 increase 85 increase 2,931 decrease 1,000 decrease 500 decrease 1,000 increase 539 increase 539 decrease 1,034,000 increase 1,034,000 increase 1,900,000 increase 1,900,000 increase 4. Harnett County Tax Department requested approval of applications for Property Tax Exemption/Exclusion submitted after the deadline. (Attachment 1) 5. Harnett County Parks and Recreation requested approval to accept $9,600 from the Duke Energy Foundation Grant /Nature grant program. These grant funds will be used to remove the natural loblolly pines from the planted longleaf pines helping to restore the longleaf pine ecosystem at Anderson Creek Park. Parks and Recreation is partnering with the NC Forest Service to administer these grant funds. There is cost share involved. 6. Harnett County Finance Officer requested approval of the Town of Angier's request for FY2019 SRO Reimbursement in an amount not to exceed $70,021.94. The Town was previously without a Finance Director and supporting staff and therefore was unable to submit reimbursement requests timely. November 18, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 8 7. Harnett County Sheriff's Office requested approval to accept a grant for $21,387 from the FY19 Edward Byrne Memorial Justice Assistance Grant Program. The grant funds will be used to purchase interview camera equipment and mobile printers and/or other investigative equipment to support the Sheriff's Office needs. No local match required. 8. National Hospice and Palliative Care Month — November 2019 9. Harnett County Workforce Development requested approval to enter into a contract for the FY 2019-2020 with the Triangle Workforce Development Board, which administers the Workforce Innovation and Opportunities Act. The WIOA grant is a federal grant that currently provides funding for employment and training services to the citizens of Harnett County enrolled in the WIOA Youth, Adult and Dislocated Worker Program. The Sampson County WIOA Youth Program will also be included for this fiscal year. 10. Harnett County Sheriff's Office requested approval to accept a Governor's Highway Safety Grant with funding for 15% of the cost for one Deputy's position and $300.00 in training. This is the third and last year of this grant after which the county will be responsible for 100% of the cost of the deputy's position. Chairman Springle presented the National Hospice and Palliative Care Month — November 2019 Proclamation to Transitions LifeCare CEO John Thoma. Chairman Springle opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. - Mr. Floyd Heins of 411 Rainey Drive in Anderson Creek addressed the Board. Commissioner Miller moved to approve the appointment listed below. Commissioner McKoy seconded the motion that passed unanimously. Library Board of Trustees Cecilia Del Prado was appointed to serve as a District 5 representative on this Board for a term of three years expiring December 31, 2022. Mr. Haney presented Harnett County Administration/Legal Services' request for approval of a lease agreement with Wake Enterprises, Inc., on behalf of ARC of Harnett County, to lease rooms 121 and 141 at 200 Alexander Drive, Lillington to conduct education, training, and support activities and services for an initial term of one year with the option to renew for three additional three-year terms. He noted a correction in the room numbers to be leased as well as a diagram attached. Commissioner Miller, noting the lease agreement states the utility costs shall be determined solely by the lessor, asked if we were going to charge Wake Enterprises, Inc. their utility bill or give it away like before. Staff responded that the Board will look at the average utility cost after the first year and make that determination. Commissioner Miller said we are just not very consistent. November 18, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 8 Commissioner McKoy moved to approve the lease agreement with Wake Enterprises, Inc. to lease rooms 121 and 141 at 200 Alexander Drive, Lillington. Commissioner Johnson seconded the motion that passed 4 - 0. Brian Haney briefly presented the recommended Capital Improvement Plan (CIP) for Harnett County. He said the CIP would be presented to the Board in detail on Monday, December 2, 2019. Commissioner Miller asked about the recommendation not to move forward with the Detention Center Housing Unit Addition. Staff noted that a feasibility study showed no option which results in net revenue to the county; four scenarios showed a deficit of between $2.3M and $7.2M over the next 10 years. Budget Director Renee Pascal said the feasibility study would be provided to the commissioners on December 2, 2019. The Chairman opened the floor to the public for comments on the recommended CIP. - Everette Blake, chairman of the Park and Recreation Advisory Committee, said the County needs to try to find ways to increase parks and recreation funding. Commissioner Miller suggested that Mr. Blake also contact local legislators and tell them we need an impact fee on all these new houses being built. Seeing no one else move, Chairman Springle closed the public comment period. Jay Sikes, Harnett County Planning Services Manager, petitioned the Board for a public hearing on the proposed zoning change: Case # PLAN 1910-0001, Landowner/Applicant: Harnett Central Holdings, LLC / Stancil & Assoc, PLS, PA; 75 +/- acres; Pin #'s 0652-47-0150.000, 0652-47-6597.000, 0652-47-7401.000, 0652-47-7213.000, 0652-47-7008.000, 0652-46- 7901.000 & 0652-46-7717.000; From RA -40 to RA -20R; SR# 2215 (Harnett Central Rd) & SR # 1437(Ballard Road); Hector's Creek Township. Mr. Sikes noted that on November 4, 2019 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 residential in the area. He noted several citizens attended the meeting and one spoke in opposition with her concerns including traffic at the intersection of Ballard & Harnett Central Rd, traffic at the Harnett Central & Hwy 401 intersection, too many proposed residential subdivisions in the area already, fire station is not in close proximity, schools are over capacity, electric & water service outages occur often, and the need for green space & walking areas for citizens. Mr. Sikes reported the site is currently vacant farmland. Surrounding land uses consist of undeveloped land, residential & agricultural uses, and several non-residential uses. Services available include public water and public sewer. 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 surrounding community is reasonable, as the requested zoning district is the similar in nature to the surrounding area. November 18, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 8 The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning is compatible with the overall land use classification of Medium Density Residential. Compatibility developments that utilize public water & sewer could exist yielding higher densities while including conserved open space. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning to RA -20R 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 not be evaluated for reasonableness. REASONING: Due to the size of this parcel, this application does not need to be considered for Small Scale Rezoning. Suggested Statement -of -Consistency: Staff concludes that the requested rezoning to RA -20R would not have an unreasonable impact on the surrounding community and will maintain the public health, safety, and general welfare based on the existing residential uses and compatibility with the County's Land Use Plan. It is recommended that this rezoning request be approved. Commissioners asked how it could not have an unreasonable impact on the community. Mr. Sikes said any sort of development would bring about site improvements and they are in discussions with DOT about anticipated road improvements. Commissioners also asked about traffic, plans for a fire station and complaints about water and sewer problems in the area. Discussions continued. Steve Ward, Director of Harnett Regional Water, said the development in that area is making substantial improvements that should actually help with pressure issues. He also said capacity is not an issue in the area. Mr. Sikes responded that the preliminary plan submitted for RA -40 showed about 105 houses and the rezoning could possibly add an additional 20 to 50 lots. Staff said the Planning Board voted unanimously to approve this rezoning taking in to account the land use plan only. Mark Locklear, Director of Harnett County Development Services, reminded the Board that the rezoning could be for any uses allowed within RA20-R. Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. Harvey Montague of 10305 Penny Road in Raleigh, developer for the applicant, spoke in support of the proposed rezoning. He said they recently invested $150,000 in a pressure reducing valued and will be extending the sewer line in the area. Judy Bingham of 140 Porch Swing Lane spoke against the proposed rezoning. She echoed the concerns she voiced during the Harnett County Planning Board meeting on November 4, 2019. Lester Stancil, applicant, told the group that the Summerville Bunnlevel Fire Department recently purchased 3 acres of land in the area to build a sub -station for their district. - Deborah Eccleston of 81 Porch Swing Lane spoke against this proposed rezoning. Mr. Ward responded that there would be lots of fire hydrants in the new subdivision and better water pressure to serve the area. Seeing no one else move Chairman Springle closed the public hearing. Commissioner Miller moved to deny the proposed zoning change as the requested rezoning to RA -20R was found to have an unreasonable impact on the surrounding community November 18, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 8 and does not enhance or maintain the public health, safety, and general welfare due to the potential school impacts on an existing, overburdened school system in this area. Chairman Springle seconded the motion which passed 4 — 0. Mr. Sikes petitioned the Board for a public hearing on the proposed zoning change: Case # PLAN 1910-0002, Landowner/Applicant: Landowner/Applicant: Harnett Central Holdings, LLC / Stancil and Associates, PLS, PA; 4.614 +/-acres (Consisting of two lots) Pin #'s 0652-38- 2792.000 & 0652-38-6648.000; From RA -40 to Commercial; SR# 2215 (Harnett Central Rd) & SR # 1575(Neill Smith Road); Hector's Creek Township. Mr. Sikes noted that on November 4, 2019 the Harnett County Planning Board voted unanimously (5-0) to recommend approval of application based on compatibility with the Land Use Plan and the growing nature of this area. He said several citizens attended the meeting but no one spoke in opposition. Mr. Sikes reported that the site is currently vacant farmland. Surrounding land uses include undeveloped land, residential and agricultural uses, and several nonresidential uses. Services available are public water and public sewer. 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 surrounding community is reasonable, as there are several nonresidential uses in the area and any new development would incur site improvements. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning to Commercial is compatible with the land use classification of Rural Center Development Node. These nodes are usually market driven commercial centers with a small scale, non-residential footprint less than 50,000 sq. ft. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning would enhance or maintain the public health, safety and general welfare due to the potential site improvements that could take place. The request is NOT for a SMALL SCALE REZONING and should not be evaluated for reasonableness. REASONING: Due to the size of these parcels and the Land Use compatibility, this application does not need to be considered for Small Scale Rezoning. Suggested Statement -of -Consistency: Staff concludes that the requested rezoning to Commerical would not have an unreasonable impact on the surrounding community based on the nonresidential growth patterns of this area as well as compliance with the County's Land Use Plan. It is recommended that this rezoning request be approved. Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. - Judy Bingham of 140 Porch Swing Lane spoke in opposition of the proposed rezoning. November 18, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 8 Deborah Eccleston of 81 Porch Swing Lane spoke in opposition of the proposed rezoning. Eric Smith of 164 Porch Swing Lane spoke in opposition of the proposed rezoning. Seeing no one else move Chairman Springle closed the public hearing. Commissioner Miller moved to approve the requested rezoning to Commercial, as it would not have an unreasonable impact on the surrounding community based on the nonresidential growth patterns of this area as well as compliance with the County's Land Use Plan. Commissioner McKoy seconded the motion which passed 4 — 0. Jay Sikes petitioned the Board for a public hearing on a proposed text amendment: Case # PLAN 1910-0003, Harnett County Unified Development Ordinance Text Amendment Harnett County Unified Development Ordinance; Article VII: Development Design Guidelines, Section 6.4.1 Fire Protection; General Fire Hydrant Requirements Harnett County Development Services & the Fire Marshall's Office request to add the statement to the nonresidential development regulations. This removes any potential contradictions with the NC State Building Code. The requested Text Amendment is compatible with the State of North Carolina & Harnett County regulatory documents. 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. Commissioner Johnson moved to approve a Resolution Amending the Harnett County Unified Development Ordinance; Article VII: Development Design Guidelines, Section 6.4.1 Fire Protection; General Fire Hydrant Requirements. Commissioner Miller seconded the motion which passed 4 — 0. (Attachment 2) Mr. Haney presented the following reports: - Harnett County Veterans Services Activities Report — October 2019 - Harnett County Public Health Activities Summary — October 2019 - Interdepartmental Budget Amendments Mr. Haney also reviewed upcoming meetings and invitations. There was no new business. Commissioner Miller 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 the following case: Workers Compensation Claim of William Boyd Beasley IC File No.: 17-016000; 2) To instruct the County staff concerning the position to be taken on the County in negotiating a contract for the acquisition of real property. This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(3)&(5). Commissioner Johnson seconded the motion that passed 4 — 0. November 18, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 7 of 8 Commissioner Miller moved that the Board come out of closed session. Commissioner Johnson seconded the motion which passed 4 — 0. Commissioner McKoy moved to adjourn the meeting at 7:38 pm. Commissioner Miller seconded the motion that passed 4 — 0. and Penny, Chairman November 18, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 8 of 8 ATTACHMENT 1 Property Tax Relief/Exemption Application Appeals APPELLANT OWNER REASON FOR APPEAL TYPE THOMPSON, KEVIN LATE APPLICATION DV CHENARD, KAITI J LATE APPLICATION DV HUSSEIN, SINCERE LATE APPLICATION DV HIGHLAND,MARK LATE APPLICATION DV CRENSHAW, PEARL LATE APPLICATION ELD GIUNTA, STEVE LATE APPLICATION DV DIAZ, REINARDO LATE APPLICATION DV GREEN, JANIE LATE APPLICATION ELD WALKER, FONNIE LATE APPLICATION DV GODWIN, DONNA LATE APPLICATION ELD ATTACHMENT 2 Harnett COUNTY NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE www.harnett.org WHEREAS, the Board of Commissioners of Harnett County adopted the UDO on October 17, 2011 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A-340; and WHEREAS, the UDO contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to the article of the UDO as listed below and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Harnett County Unified Development Ordinance Article IV: Zoning & Overlay Districts, Article VII: Development Design Guidelines, Section 6.4.1 Fire Protection, General Fire Protection, of the UDO shall be amended to read as indicated in "Attachment". "Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board's Office. Duly adopted this 18th day of November, 2019 and effective upon adoption. TT COUNTY BOARD OF COMMISSIONERS Gordon Springle, ' ai ATT , ST: gare Regina e - ler, Clerk to the Board strong roots • new growth ATTACHMENT Article VII. Development Design Guidelines 6.4 Fire Protection 6.4.3 Fire Hydrants for Nonresidential Development Fire hydrants, or other fire protection methods as approved by the Fire Marshall's Office, shall be required for all new construction and expansions of nonresidential development. Fire hydrants shall be located in such a manner that no primary structure is further than 400 feet from a hydrant, measured along the street centerline. Development of lots located along divided right(s)-of-way shall only consider distance to hydrants located on the same side of the right(s)- of-way. www.harnett.org