Loading...
HomeMy WebLinkAbout111504m HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting November 15, 2004 The Harnett County Board of Commissioners met in regular session on Monday, November 15, 2004, in Courtroom 6, Harnett County Courthouse, 301 West Cornelius Harnett Boulevard, Lillington, North Carolina. Members present: Teddy 1. Byrd, Chairman Beatrice B. Hill, Vice Chairman Dan B. Andrews Walt Titchener Tim McNeill Staff present: Neil Emory, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Dwight W. Snow, County Attorney Kay S. Blanchard, Clerk to the Board Chairman Byrd called the meeting to order and Commissioner Hill led the pledge of allegiance and prayer. Commissioner Hill moved to approve the agenda as published but delay consideration of item # 9 regarding award of bid for Agricultural Center/Animal Shelter addition project until Thursday, November 18, 2004, at 8:00 a.m. Commissioner Andrews seconded the motion and it passed unanimously. Upon motion by Commissioner McNeill and seconded by Commissioner Titchener, the Board unanimously approved the following items on the consent agenda: 1. Minutes: Regular Meeting November 1, 2004 2. Budget Amendments: 178 Solid Waste (Fund 580 - Solid Waste) Code 580-6600-461.43-16 Maint. & Repair-Equip. 580-6600-461.74- 7 4 Capital Outlay 2,600. decrease 2,600. increase 179 Social Services (Fund 11 O-General) Code 11 0-771 0-441. 80-85 CP&L Project Share 110-0000-330.77-01 Social Services Admin. 110- 7710-441.80-60 Day Care Smart Start 110-0000-330.77-05 Day Care Smart Start 1,772. increase 1,772. increase 221,095. increase 221,095. increase 180 Sheriff (Fund 11 O-General) Code 110-5100-420.60-36 Sheriff-Uniforms 110-5104-420.60-36 Child Support Enforcement- Uniforms 110-5105-420.60-36 Special Victims Unit-Uniforms 1,400. decrease 700. increase 700. increase 181 Airport Runway & Taxi Extension Project (Fund 368-"CP0307") Code 368-8360-465.30-04 Professional Services 10,700. increase 368-8360-465.45-01 Construction 35,000. increase 368-8360-465.45-30 Engineering 2,300. increase 368-8360-465.45-20 Legal & Administrative 2,000. increase 368-0000-334.60-12 Grant - NCDOT 50,000. increase 182 Solid Waste (Fund 580-Solid Waste) Code 580-0000-356.66-01 Scrap Tire Reimbursement 580-6600-461.33-45 Contracted Services 805. increase 805. increase 184 Public Buildings (Fund 11 O-General) Code 110-4700-410.43-15 Maint. & Repair-Bldgs. 110-0000-354.47-02 Restitution 186 Sheriff (Fund 11 O-General) Code 110-0000-356.30-00 Insurance Reimbursement 110-5100-420.43-21 Maint. & Repair-Auto 187 Industrial Development (Fund 11 O-General) Code 110-7100-465.32-17 Harnett Forward Together Committee 110-0000-399.00-00 Fund Balance Appropriated 189 Governing Body (Fund 11 O-General) Code 110-4100-410.33-45 Contracted Services 110-0000-354.01-00 Sale of Other Assets 191 Economic Development (Fund 11 O-General) Code 110-0000-353.16-00 Contributions & Donations 110- 7100-465.32- 7 6 Industry Appreciation Day 193 Sheriff (Fund 11 O-General) Code 110-0000-356.30-00 Insurance Reimbursement 110-5100-420.43-21 Maint. & Repair-Auto 195 Parents As Teachers (Fund 110-General) Code 110- 7310-465.11-00 Salaries & Wages 110- 7310-465.21-00 Group Insurance Expense 110-7310-465.22-00 FICA Tax Expense 110-7310-465.23-00 Retirement 110-7310-465.23-01 Supplemental Retirement 110- 7310-465 .26-08 Worker's Compensation 110- 7310-465.30-04 Professional Services 110- 7310-465.41-11 T elecomunications & Postage 110- 7310-465.41-13 Utilities 110-7310-465.44-21 Building & Equipment Rent 110-7310-465.52-54 Insurance & Bonds 110-7310-465.54-26 Advertising 110- 7310-465.58-01 Training & Meetings 110-7310-465.58-14 Travel 110-7310-465.60-33 Materials & Supplies 110- 7310-465.60-4 7 Food & Provisions 110-7310-465.60-53 Dues & Subscriptions 110-7310-465.64-25 Books & Publications 110-0000-334.73-10 Parents As Teachers 196 Hwy. 87 Sewer Improvements (Fund 555-"PU022B") Code 555-9100-431.45-33 Materials & Supplies 555-9100-431.45-80 Contingency 3. Tax refunds and releases (Attachment 1) 144. increase 144. increase 1,693. increase 1,693. increase 63.301. increase 63,301. increase 1,950. increase 1,950. increase 501. increase 501. increase 1,491. increase 1,491. increase 61,239. increase 13,912. increase 4,679. increase 2,911. increase 1,223. increase 919. increase 622. increase 2, 160. increase 960. increase 5,226. increase 151. increase 125. increase 570. increase 5,292. increase 2,740. increase 150. increase 325. increase 125. increase 103,329. increase 3,305. increase 3,305. decrease 4. Sole source purchasing option to lease/purchase Computer Aided Dispatching (CAD) Mobile Data and Paging Software from VisionAir. VisionAir is our current CAD software provider. VisionAir is the only vendor that can provide these enhancements compatible with Harnett County's current CAD software. The Mobile Data Software will give all Police, Fire, and EMS vehicles the capability to have silent dispatch, mapping in the vehicle, automatic vehicle location, and constant communications with the dispatch center. CAD Paging will allow all Police, Fire, and EMS personnel to receive emergency calls through their personal cell phones or pagers. The total cost of this project is $62,707.00. The finance Department will be assisting the MIS Department with a 5-year lease/purchase agreement for the amount of $48,119.50. The remaining amount of$14,587.50 will be paid by the Harnett County Sheriff s Department. 5. Sole source purchasing option to lease/purchase the Simon E-911 Telephone System from Sprint. This will upgrade the existing 4-position Positron lAP's E-911 Telephone System with a 6-position Simon E-911 Telephone System. This upgrade also includes the Positron's E-printer Software and upgrade to the existing Call Reporter plus Software to the latest version. The Positron LifeLine 100 will also be upgraded to Version 2.43. This upgrade also includes an additional Computer Aided Dispatch software license. The additional workstations will not require additional personnel. One workstation will be for the current call taker and the other one will be a training position. The total cost of this project is $125,254.64. The Finance Department will be assisting the MIS Department with a 5-year lease/purchase agreement. 6. Rail Industrial Access Agreement - On behalf of Brainerd Chemical Corp., a request was filed with North Carolina Department of Transportation Rail Division for funds to reinstall a rail spur at the old ADM building in Dunn. At DOT's October meeting a grant in the amount of $52,500 was approved for the Brainerd Chemical Corp. rail spur. The total project cost will be approximately $150,000. Brainerd Chemical will pick up the difference in cost. This agreement will be between Harnett County and NC DOT Rail Division and the funds will be issued to Harnett County to be applied toward the project. 7. Resolution recognizing Eagle Scout Casper Brent Johnson, Jr. (Attachment 2) 8. Maintenance and Support Work Order for the new billing and collections system in the Tax Department. The new system was implemented in July, 2004 with no structured support agreement in place. The vendor of the system, Intelligent Information Systems (lIS), Durham, NC, has requested that the County enter into this maintenance and support agreement for this fiscal year. There is a cap on the contract in Section 11 of$35,000. The Tax Office budgeted $21,000 for these services. A budget amendment may be required for the remaining $14,000. 9. Agreement of Participation with the North Carolina Department of Juvenile Justice & Delinquency Prevention - Americorps Promise Fellows Program for a part-time position to assist the One-On-One Coordinator with recruitment and training of volunteers. The NC Department of Juvenile Justice will fund the position. Harnett County will furnish worksite and computer, both of which are available in the General Services Office Building. 10. Agreement with RBC Centura Bank for retaillockbox services for Public Utilities and the Tax Department. The agreement will include a fixed monthly charge of $800.00 for the Tax Department and $1,500.00 for Public Utilities. Advantages of moving the service from BB&T to RBC Centura Bank are: funds will be deposited nightly into the County's account instead of weekly; and funds deposited into the County's account will earn interest. A bid was also received from First Citizens Bank. 11. Resolution - LIFEP AK 12 monitor/defibrillator declared surplus and EMS authorized to sell it using the "Private Sale" General Statute. The piece of equipment was acquired from the Angier-Black River transition. The Harnett County EMS uses the Zoll-M brand of monitor and does not need the LIFEP AK 12. It can not be purchased by the general public. (Attachment 3) 12. Work Authorization No. 02-02 (Amendment 1) for Talbert & Bright, Inc. to include basic engineering services for the construction phase for the site preparation of the 700 foot extension to Runway 22, related taxiway extension and extended runway safety area. Assistant County Manager is authorized so sign related documents. 13. Authorization for ownership transfer of Airport Hangar as required by the original lease agreement with Four "P" Investment Company, Inc. The current owner is Specialty Contract Services, LLC. 14. Resolution scheduling a public hearing regarding a proposed transfer agreement between Harnett County and Tomsed Corporation. The public hearing will be held December 6, 2004, at 9:00 a.m. (Attachment 4) 15. Authorization for Increase in Medicare Supplement - Harnett County's current cap is $147.00 contribution to a retiree's Medicare Supplement. The increase raises the cap to $200.00 per month. Currently there are 13 County retirees receiving the supplemental benefits. 16. Adoption of a written Diversity Policy - The County needs a written policy at this time as a requirement for the Health Department's accreditation process. (Attachment 5) Commissioner McNeill moved for the appointments listed below. Commissioner Andrews seconded the motion and it passed unanimously. Adult Care Home Community Advisory Committee Samuel L. Parker for a 3-year term to expire 11-30-07 nominated by Commissioner McNeill Transportation Advisory Board Phyllis Clayton for a I-month term to expire 12-31-04 nominated by Commissioner Titchener Carolyn Blue for a I-month term to expire 12-31-04 nominated by Commissioner Andrews Southeastern Economic Development Commission Commissioner Dan Andrews for a 4-year term to expire 12-01-08 nominated by Chairman Byrd CCCC Harnett County Campus Advisory Committee Addie McLean for a 3-year term to expire 12-31-07 nominated by Chairman Byrd Harnett County Nursing Home Community Advisory Committee Grace Watts for a 3-year term to expire 10-31-07 nominated by Commissioner Andrews Industrial Facilities & Pollution Control Financing Authority Robert E. Doberstein for a 3-year term to expire 12-31-07 nominated by Commissioner McNeill Harnett County Airport Committee L.E. Batten for a 3-year term to expire 12-31-07 nominated by Commissioner Andrews Harnett County Board of Health Dr. Hubert H. Warren, Sherrie N. Byrd, and Herman Medlin for 3-year terms to expire 12-31-07 all nominated by Commissioner McNeill Home and Community Care Block Grant Committee Cathy Ryals - no term limit nominated by Commissioner Hill Chairman Byrd called to order a public hearing on a zoning change request for Garnett Jackson Estate, applicant: Larry Godwin, Executor. Chairman Byrd called on Mark Locklear, Senior Planner, for the presentation. Mr. Locklear reviewed the request to change 17.39 acres, SR 1811-Bud Hawkins Road from RA-30 to Commercial Zoning District. The Planning Board recommends approval of the request. Chairman Byrd opened the meeting for comments from the public. Comments were received from the following citizens: 1. Ricky Parson, 3 84 Wood Road, Dunn - has issues because there is a subdivision on the dead end road and concerned what business might locate there if the area is changed to Commercial Zoning District. 2. Billy Wood, 1334 Old Oak Lane, Dunn - Concerned with being blocked in. A handicapped person lives on the road and has problems every time it rains. Wants traffic to be taken into consideration. 3. Getty Godwin, 3514 Bud Hawkins Road, Dunn - If zoning is changed, requests strict restrictions on property. 4. Tom Godwin, 3514 Bud Hawkins Road, Dunn - Questions about how Cafe Risque was allowed to build and concerns about that business if a motel is built on property being considered for rezoning. If a business is built, its customers would be people who drive up and down 1-95 such as thieves, robbers, and drug runners. 5. Larry Godwin, Dunn and Topsail Beach, and executor of his aunt's estate which has 8 heirs - Mr. Godwin assured the group that there are covenants in perpetuity that no nudity establishment would ever locate there. The property has been in the family for 200 years and restrictions would be put on property. There should be no traffic problems and buffers are required between business and residential property. 6. Gloria Carroll, 419 Wood Road, Dunn - concerned how rezoning might affect others. There being no further comments, Chairman Byrd closed the public hearing. Commissioner Titchener moved to approve the zoning change as requested because it promotes economic development for the County. Commissioner McNeill seconded the motion and it passed unanimously. Chairman Byrd called to order a public hearing on a proposed Zoning Ordinance text amendment regarding junk motor vehicles, junk yards, and abandoned manufactured homes. Mark Locklear, Senior Planner, presented and explained the proposed text amendment. The Planning Board unanimously recommended approval. Chairman Byrd opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Commissioner Hill moved to adopt the resolution amending the Zoning Ordinance as presented. Commissioner Titchener seconded the motion and it passed unanimously. (Attachment 6) Departmental reports were filed with the Board from Emergency Medical Services, Veterans Affairs, Animal Control, and Finance Office. (Attachment 7) Neil Emory, County Manager, reported that the Town of Angier has chosen to accept an invitation to become a member of the North Carolina Capital Area Metropolitan Planning Organization (MPO). At the October 18 Commissioners meeting, the Board voted for the County to accept the same invitation if the Town of Angier did. This will remove the County from the Rural Planning Organization (RPO) administered by the Mid-Carolina Council of Government. There being no further business, Commissioner Hill moved to recess the meeting to be reconvened Thursday, November 18, 2004 at 8:00 a.m. The Harnett County Board of Commissioners regular meeting, November 15, 2004, recessed at 8:30 p.m. Teddy 1. Byrd, Chairman Kay S. Blanchard, Clerk to the Board o : H...RIIErr C(ltl/;.,..,.. BOAfUl'Of C~S8IONERS t;:~ CONSIDI;RATlON (IF Re~tl FOR T~S, INTeR!;$T "'NI:l"~l T1~ fOR ALL MU'OClP"'L1TIElJ NO), _. GfTIll< Ploy... BlI" T.... 1n11l""IMd Pe..llf_ FE_IoJDE2. LEONSO FRANCISCO 202 CIINreaeflflY OR: fA YErreVIL.LE NC, 2a04 2 FEf'lNllNtlel. LIo0NSO f~~clSco ~02 CA/IfIHIE~T DR SPRING U\KE NC. 23>>J-lIIW7 ~ MARTIN. JMES IMWAM l53C KRAfI.IER RD L.l.lINGTON NC 275~ L.I.UNGTDN NC, 27!i41j - ll&ltl 4 S~RT. ./A!lES AVERY JR PO BOX 1721 LILlINGroN Nt:. 27546 -1721 WAUACE. J01IEPH El.I<3ENE JR WA.lLAC e. TONes,l, ReNA 274 SAWVER ROAD CANeRON 1oJlJ. 2.Ilm 5 'M'ILU.Ci:. JO$EPH t:LQNt: JR vvA!.LACe, TERESA ReNA 214 s~t:fl F!D t:1IM eFWN NC, 2!n11 - WS3 Attachment 1. kl'arrl Rapon I.'" l1n!il2Q(J4 I!IIIlb' lilhlDl fley...u~ AdmW._. App......~ ~ : J>"""""if}Q Il'f 11"13 H"lnd - ~-- C"~,'l..;"d l)~ Cl}mUlml",Ullm 1)1.0.... !i,t!JY. I~ :t.D~ ~ .JUu4J~k rtequeM Iiboluo TlrlBl RBtInl Ci~ 0.00 OOlIM1:j1lM. 100$- '-' oorJOOO 5.1'2 IWrna Clllm~ !l7::l t:ily C.DO 00006:>2115. 1998- 1 S9l' - lIOOOoo 2.1B Rofund G<IoJnly 2.1~ Oiy 0.00 (100(1;500191- 2(1(14-2001- 0000<I1 12.~ _n~ Countjl 12,8(] Cil:/O ~ ijOll(J5(JOOI8- 2004- 20(13- o00ooo 32.00 RlI1I.Ind comly 0,00 CJlw 0.00 00lI0M:'I14c/1. 2llO:j- 2QI.I.... 0??oo0 31,15 Rofur'lll COoIIIl)l a7.lll ~ 0.00 000(6101211). 21m- ZOO:!-- 0??oo0 B1.!l! _1kI CDUliw nij~ CJv TnbII ~M:I comt)o Tatsl 139.:54 Total tel ... 172,00 RehIr1~... Attachment 2. RESOLUTION ~s.IIB1c1RJtl,nn 1mEB!l 1,n1i"'110 THAT, WHEREAS, th8 Boy Scouts is an organi.r.a.tioo which hIlS long helped iihape the .IiVeII of ymmg peophl aa'ollS Am.c:rma; m:.j JIlt 11 fad CQfipB Brent Johnson, JI', WHEREAS. this org8Di2:/IIiQu is d.cdicated to developing the future leaders {If our cowmunitil:8 and ffilrll.lltWn: twd WHEREAS, the Boy &wuts reeognizellbeir bi.ghest achievers by reeoguizing them III an Eagle Socut;. and WHEREAS, IhiR award is ouly prMll1I,t~ to thoSll mwviduals that demODBtrIt8 o!I eommitmcnt to llclf-improv~ as wl!lO b sem.ce to !heir commnuity. NOW. THEREFORE. BE IT RESOLVED that 1h8 Harnett Couuty Board of CmnmilllliODClll ~s hereby recognize; Cuper Brent 1o.hDson, Ir. ao.d oongraMate hiw for Il.tt!lining Engle Scoul. Duly adopted tWlI151hdaynfNovember, 2004. HARNBTI COUNTY BOAlW OF COMMIsSIONERS Attachment 3. HARNETI COUNTY NORlH CAROLINA. RESOLUTION THAT WHEREAS. The property listed below.b.as a v:due less lh!QJ. $..30,000: and WHERB.A.S. G.S. 160A-2fi7 p~t.'l the sale of personal property by pri vate .!laIe Upon expiration often days after the pubJication ofthc rcsoJution authorizing the sale.. NOW, THEREFORE,. BE IT RESOLVED BY TIlE HARNETT COUNTY B:OARD OF COMMISSIONERS TIIA T: A. The foUowing described property bEl and it iB hereby declared rnuplus property; and B. Charles Barefoot, EMS Director, be and he is hereby 8llthorjzed to selJ the following property by po va.te sale Upon tf!n day,ll after publication of the resolution to &ala 1. Lfepak 12 MonilorlDe:fibri Ilator Serial # 13120121 Duly adopted this 15m day ofNovernber. 2004. HARNEIT COUNTY BOARD Op COIMMISSIONERS ATTEST: ~j. ~dv,rI Kay S lanchard. Clc:tk to 1M Board Attachment 4. NORm CAROLINA IfARNEIT COUNTY RESOLUTION TO CONDUCT PUBLIC JIEARrN"G THAT WHEREAS, the County ofJlamctt (hereicaftcr "Couniyj is the owner ,of a real property tmct 10Cllled. between U.S. 1J1gb.Will)' 40 1 IUld the Cape Fear Riyer in Lilli1lg1nn TcwnBhip, Harnett County, N.C. wbkh hm been d=veloped as the JlaJmu Colmty Gove.mm.enbI.I CompJex 1Ic.d rn.dustri.aI Pmiand WHEREA.s, 1he County haa begun JegOtialiom with aD industrial entity to transfer a. 5.0 III;TC: tr.II.Ct and to gr.mt an optiOll kl purchaM an additional 2.0 ACl'C ~ both ofwbicb lINIl.oc&ted within du: County InduslriaI Park. to said entity purwant to I.h.c provisiollll of the Local DeveJopmftDt Act (N.c. Genera.! StlItutN f 158-7.1) IIS.II.D inducement fur theI imlU8tria.l mttityto COll'llml;t lIJI.d cpente a facility of alleasl: 50,000 BqU8ftl ff1et on sWd lnu;t; this facility would be an expansion of the entity's ~nt maonfa.cnlIing 6u;:i1ity JoCBUld on a tract in d1e rndu!ltrial Park; and WHEREAS, N. C. General Sl8tute9 ~ 1511-7. 1 (d) :requin!s that II. public b.eariDs: be held:prior to &c IlpprOVlI) of silk! n:aI propet1;y transfer hy the COWlty to the industrial entity and that ootke ofmlid pmIic heEtriDg wi!h the inftmmrtion required by sal.d statute be pubJished .rt Jeast 10 days pior Ie said pubJic beari~; that in order to proceed with the: md property oonveyanc;e, it L'l ~ desire of the Board of CmmnWiOD=rs 10 condui;t 5Ilid public be8ring at its regular rm~ng on December 6. 2004. NOW, TIIEREFORE, BE IT RESOLVED by the H.amett. Comfy Board ofCo:mttW:siooler.s that II public hearing be ca.ll.ed fur at the reeuJar meMine of the Bollrd on J:Jecember 6, 2004 at 9:00 o'c.kcl: AM at the cummt meeting room of the Board of CoEl1Illii.sioneJ:.!I in COIJl't:roQm No. 6 it!: Ihe H.mrett County ColJlthooBa, 301 W. Cm:nelius Harnm Boulevard, LiJIingtoo., N.C. 27546 fur p,lblli: tomItlent on !be JIf'O)lOOed IJ'BDBft:Io of!l :5.0 IICle tract mi the: gmnting ofan cption fm the purcllase of 8lI additional 2.0 .ll.Cre trad 00th of whkh lire l.ocared in the County Industrial Pm:: off Hi.gJnwy 40] in LillinglOn TOWD:lhip, Harn~ CoUllly, N,C, 10 !In iDdmtrial entil;)<, mullhat noti.ce of Wd. public IrariDs: iD.c.W.dc:!he informI.tion and be published purslJIlllt to tM n>qUirements (lfN.C. ~ra1 StatIJtell ~ I 511-7.] (d). This flu: IS111 day (lfNovmnbli9', 2004. . HARN8TT By. ATIEST: ~.I. ~ . Blancbzm. Clerl:: Attachment 5. - App~ by thp Ha~ ---......~. CtH.IOl1" @on!\l fit CO;Tlm~ukmm~ DIWtsIty Policy Ds.\8 1\4~ ~. ~<.. ~ l.I....4 ~ fI' 1"4 4<>-..' DI\Ie~ity ~Bans ~~ecting dlffBrences including, but not llmjtad to, age, ability and disability, ethnlcity, gender, language, race, and 50d0-economic class, a5 well as respecting each Indilli~ual's right to privacy jn areal;; SUGh as religion, political beliefs, and sexual onentation. The Cou nty of Harnett recognizes the dw-erslty of its dta.en sand 'NUl demonstrate its com mjfment fo diversity; .. through prollid.ng 8ffectlva government services sensitive and rEl5ponslve to ourtuml dlffsrencas, incJuding accessiMjty for persons with drsaMitie~ · through funding doolslons, .. through it!:; appointments to County boards. commissions, and oomm ilhiIes, .. and through creating a work. environ ment that Is respectfur of indMdual differences. All employees ara held accountable for SUJlporUng this philosophy by: .. Participating in actMties 8\1ailEtlle jn the workplace to looreasa understand...g of other cultural' groups. · Considering cu I bona I approptiatenas, In both the developmenLflnd the deljvery of seMCEffi, programs and policies. .. Being aware of, and, as for as po.&sIble, undelSt.andrng lhe Imp.act of I:he culture of the citizens affected by their service ama, · Beklg aware of, and. as far as possible, undtKStanding the rnpact of the oortu re of co-WOrKers. .. LIstening to other points Dfviawln a mspectful roamer. The dlYBl5itr policy is to be used to gJi~e the County government in bel"l&flting from and oemg responsive to the changing popu.lallon that constituhts. both the County's workfcroe and itB citizens. rt is not Intended to De, l"lOlahall it be used as, a basJs fur anyone demanding a rfght 01 malclng a claim agalnstthlt County or its ernJlloyees. Attachment 6. HARNETT COUNTY, NOR 1H CAROLINA A RESOLUTION AMENDING THE HARNElT COUNfY ZONING ORDINANCE TEXT WHEREAS, the Board ofCommis$ioners ofHarnet! County adopted a Zoning Orditmnce on July IS, 19811 and June 5, 2000 fur the purpose of promoting the helllth, $Qfety, and genet1l1 welfEUe of the c:ounty residents; and VlHEREAS, this ordinance was adopted. under anthillit)' granted by the General AS!iembly of the Stllte of North Carolina., particularly G .S. 153A ~340; and WHEREAS, the Zoning Ordinance contains provisions for amending slIid ordinance and those provisions have been followed; and WHEREAS, the HllJ11ett County Planning Board has reviewed the amendment to Article XII Sect. 1.0-6.0 (New addition) Junk Moter VehicJe$, JW1k Yards & Abandooed Manufactured Homes and Article XV Definition: (Revision to Junk definition) (New addition of Abandoned Manufactured Home definition and Mooor Vehicles) and Article xm, XIV, XV: (Revision of llrticle numbering and Article VI Sections 1.2A (Industrial) &; 2.2B (Commercial): (Remove Existing Text and replace New text) and recommends the adoptirln of the following lftllendments. must take place within an enclosed building or in the rear ywd of the dwelling and shall not cl;lnstitute a health or safety nuisance and 1111 repairs shall take nl;l Il;lnger then 180 days to complete. S~tion 2.0 Standard~ for iunked motor vehicles stored at existin2 and new automotive revair facilities, New automotive repair facilities shall conform to the standards below upon adoption of this ordinance. Existing auto repair facilities shall comply with the standards below within one year of the effective lIlI1ended date .2004 of this ominance. a. Automotive repair facilities shall be llllowed no more than ten (10) junh:d vehicles out<;ide ElJl automobile mlvage yard or eIlcloS<:d building unless otherwise specified by this ordinance; and b. Existing automotive repair fuciliti~s that have junked motl;lr vehicles and motor vehicles pwts storage areas shall be screened from view trom adja<<nt property and right-of-way by a so lid opaque :rence at lellH six (6) feet in height or a continuous row of evergn:en shrubs at least six (6) feet in height at the time of planting. (See Article IV Sect. 8.4 for Maintenance Startdards for Buffers). c. New llutomotive repair facilities that have j~d motor vehicles and. motor vehicllils pam stoTllge aroas shall be screened trom view from adjacent property and right-of-way in accordanJ;e with Article IV Section 8.0 buffi:rs of the Harnett COl.m.ty Zl;lning Ordinance. d. The junked motor vehicles I;lr pam shall not be stored in the front yard of the property or in the required front yard setback; and e. The junked motor vehicles shall not be stacked higher then the screening. f. In situations where the road grade is significanl:ly higher then the requirro buffer, then said buffer shall be adjll.'lted in height to meet the required height requirement and to ensure maximum screening. Section 3 0 Standards for iunkvards crell1ed after the eff!<ctive dare of this Ordinilllce, New junkyards and eKpHllsiolls of existing junkyards approved under the provisions of tile Harnett County Zoning Ordinance shllH be subject to the following reguMions upon ordinance adoption, a. Any collditions of approval placed. on the application by the Harnett County Board of Adjustment; llIlQ b. ShaH be IlJlJated a minimum of 100 feet from the edge of the right I;lfway ofllllY public or pri vate road (In the situatiOll where 110 public right-of .way exist then dJ.e measurement shaH be taken from. the property line); and c. Shall b~ located a minimum of 1,000 feet from a school, residence, church, or place of public assembly eldsting at the date of submittal of a complete !Ipplication, The 1,000 feet required separation shall De measured from the closest point of the operational area of the autl;lmobile salvage yard. This prohibition shallllot apply to the I;lwner of the junkyard or automobile graveyard; and d. A buffering plan shall he submitted in o.l:Cordan<< with the Article IV Section 3.0 buffer.> of the Harnett Cl;lunty PlllllD..ing Department;EIIld e. All opernti01l8, equipment, junk llnd/or inoperable motor vehicles shall be kept within; s.a.id buffer at all times Wl]ess in motion by transportatil;ln to and from the site; and. f. An additional setback shall be provided so that all equipment, j t.mk arid/or inoperable motor vehicles shall not be stored or loco.il::d within fifty (.'iO) fuet of any adjoining prl;lperty lot line; and g. All fen~ shall be designed to reasonably secure the area from. unauthorized entry; and, h. Cars shall not b~ stacked. higher than the buffer, and all airS shllll he stored in such a manner that all fire llpparatuses and equipment -can ingress'and egress all areas of the site at all times and b~ in acron:lance with all State and Federal reguIatirms. i in situations where th~ road Srnde is significantly higher then the required buffer, then said buffer shall be adjusted in heiglu to meet the required height requirement and to ensure maximum screening. Section 4.0 Nonconfonrune: iunkvwds existinll: at the effective date of this ordinllnce. Junkya.rds existing at the effective date of the ordinllllces shall conform to the standards of subsection (a) I;lr {b) below wilhin one yell!" of the effective amended date , 2004 of t:Im ordinance: Standards without a fence. a. I. 2. 3. 4. 5. 6. 7. 8. Il. I. 2. 3. 4. The junkyllJ'd shall be screened from view from adjacent Iou and the road during all seasons of the ye!lJ'; and, The screen shall be a continuous row of evergreen shrulls minimum of six (6) feet in heigh.t at th.e time of planting; and, A setback of ten (I 0) teet shall be provided 011 all side and rear property lines; and, A setback of ten (f0) feet from the edge (Jf the right of WilY existing at the effective date of tbh ordinanee of any public or private road sball be provided (In the situation where no public right"Qf -way exist then the measurement shall be taken ftom the property line). The operational area existing at the effi:ctive -date of the ordinance shall not be expllIlded, except in conformance with the provisions of this ordinance; and, Storage of motor vehicles, motor vehicle parts, (ll' other junked materials is not allowed in the setback; and, Junked motor vehicles or other juuked materials shall not be stacked higher than the ~quired screening and all cars shall be stored in such a milnner that all fire apparatuses and equipment can ingress and egress all areas of the sile at all times and be in accordance with all State and Federal regulations. In situations where the road grade is signifiClllltly higher then the required buffer, then said buffer shall be adjusted in height to meet the required height requirement and to ensure maximum screening. Standards with an opaque fence. The junkyard shall be screened from view from adjacent lots and the road during all seMOns of the yearj and, The junkyard shall be separated from the adjacent l(lts by a solid opaque fence a minimum of six (6) feet in height; and, A setback often (10) feet shall be provided on all side and rear prCflerty lines; and, A setback of tl:n( I 0) feet from the edge of the right of way existing at the effective date of the ordinance of any pllblic or private road shall be provided (In the situation where no public right-of -way exist then the measurement shall be taken from the property line); and :5. The operational area existing at the effective datl: of the ordinilnl::e shall not be expanded, except in confonnanee with the provisions of this ordinaru;;e. Storage of motor vehicles, . motor vehicle parts, or junked materials is not allowed in the setback; and 6. Junked motor vehicles or junked materials shall not be stacked higher than the required Sl::reening and all cars sholl be !ItOred in suclI a manner that all fIre apparatuses and equipment can ingress and egress all areas of the site at all times and be in accordance with all State and Federal regulations. 7. In situations where the road grade is significantly higher then the required buffer, then said bu1fer shall he adjusted in height to meet the required height requirement and to ensure maximum screening. Section :5.0 AblllJdcned M3DlIfactured Homes Unless otherwise provided, manufactured homes that are considered to be abandoned according to the definITion for abandoned manufucttrred bomes IQCllted in the detinitiOll sootion of this ordinance shall he prohibited in all zoning districlS within Harnett County. Once a determination has been made by the Zoning Administrator or his authorized Ilgent that il manufactured borne is abandoned. then the Zoning Administrator sball take aetiOll to abate the violation using any of the enforcement procedures in Article XIV Administration EnfOrcement llnd Penalties sootion of this ordinance. Section 6.0 Removal of Junked or Abandoned Vehicles and Manufactured Homes Harnett County may require the ~moval of junked or abandoned motor vehicles or manufilctw"ed homes rrom public grouuds, including but not limited to I'll blic or private road right-of-way or private property upon finding !hilt such removal ~ necessary and desirable to promote or enh!lJlce community, neighborbood, or area appellI1lnce or to aberte public health or Sllfety nuisllllCes. Article XV. Definitions Abandoned ~nufactured Home: (New Addition) I. A manufactured home thQt i~ not being occupied as a dwe lling and does not provide complete, irtdependent living fitcil!ties for one fumily, including permanent provisions for living, sleeping, eating, cooking, and sllnitation or a marru:tactured home that has not recl;lived the proper permits .to be located within the County'sjumdiction Or 2. A structure which iB a manufactured Jrnobile home which is a health or safety hazard 115 a result of the attraction of ins~ Qf rodents, oonditions creating a fire hazard, dmgerous: condition oonstituting!l threat to chi ldren, or frequent us e by vagrants as living quarters in the absence ofsanitary facilities or 3. Any structure, which is mllnufacturedlmobile home that was designed and intended fur residential or other uses, which hllo'l been vacant or not in active use, regardless of purpose or reBBon, fOf the plL'lt two-year period and has been deemed a nuiBMce due to public safety or public appellCllllCe by the Harnett County Planning Departml;lnt. M<ltOl' Vehicles: {New Addition) Includes any machine designed or intended to travel over land or water by self-propulsion or while attached to se1f-propelled vehicle 1_ (Revillion) shall mean scnIp copper, brass, rope, rags, batteries, paper, b1l:lh, rubber, debris, waste, or junked, dismantled or wrecked automobile~ or parts thereof, iron, steel, or other scrap fuuous or nonfeJrous materiallUld dismantled or wed white goods or parts thereot: Artkle XIII., XIV, XV: (Reviliion ofartfcJe nUIIlt.ering) · Article XlII Changes and Amendments, Will change to Article IX Article XIV Administration enforcement and Penalties, Will change to Artjcle X · Article XV Definitions, Will change tc Article XI Artide VI Stctions1.2A & 2.28: (Remove existing text and replace new tWIt} Junkyards IInd automobile wrecking )l8l'ds and. similar types of used material indWllries '.._ tI:i.&y are aeM.uGte1l. ...Iilhin a 5t!1.lctufe er atl. a. let 8Relesed 9y !I Gillie fenal Bf a HlIlUrallmil<< at lllasl sill (I)) feet iR he~ arid fll'l,Ridlld 1hat die 6ei\fd ef ....-djltStHwftt t'il'tdli fiJa:t sucll wrllEking )'Bl'tI. ',,'i11 net ha,\'e lilt ~lJfiaus.lliHEt 9R die public int8feat Ell' .;telI'in. Me J~ 9l 00I'afI ~~5er shall be establi&heil ';.'ithin fu~ ~ (500) feet of any residentially developed area.---.". minimBm Item yanl of lit !8aBt 8M Imndred (IQ01 ieet ~ any .'ib'eet right ef ..'JftY shall be mRiBtatited. Add the following text; See Article XU Section 2.0 & 3,0 Junk Ylll'ds Duly ftdopted this 15m day of November, Two Thousand four and et'[e{;tive upon adoption. HARNETT COUNTY BOARD OF COMMISSlONERS ATlEST: ~J. u~J Kay S l.anchard Clefk to the Board Attachment 7. /i:~~i~ ~~lIeil ~ CMDaoo III "-I BIIIaoa -iii.. ... Fan.t "'llII Yo..:MI4-:l3i5 Aoul'Ntftmbao4.ZOIM . OwI......,...hK......~ CIIu... Ioll\ilod....... fr<a Jrio< _",-", r:,sn,m &l9,45i 15' J~ 150 Jil'l iI2oo4 Sbdf S41 I!Q IOIJ8r.lIXI4 ~ Iii 11111101>> 171; lUl~ 171 IlIlJ2(Jot 0Inp0:t.; r..J BHMo1llll putod: U4J,uMO - Harnett C !lUlU t1"'~1I -:.r: 't~II.:. (ij'" ~a1l.11hdJd.\maD6limlll riHlIl1!_ 200f - mI!I ..... If l'fImnI!r 4, 2.104 . 0>Il:I:Iw 13 zoot 1~1I lloliJiWutc nO.'IiOO.4l>U]..l~ 0cI0b0r It 2lID4 I1U Ikdl 1lD-76O(l...M 1.43.1~ ~IL 1l~"/MlI-t4 at-13 M*'iab.t w,,\Ia' 21 IOO4 1131 Ean::.ub. 110. 7>>I-46.l.&l-n :!.JabidI A 11Io 116-'304-4lil.s~ c-... kni;as 1O-1J......41i:Ull-33 1oIoIII:i.I!.I'" .. 116-1!I~1.1l .l I1t1-l'3ll4-41iMO-47 l'oad .I: l'rtIti.im:I Ilo.13~ CoIllaocaI kl'iI:I 0Qdler 21 100<1 IU! FIamoo llO-44Il4lO,ZS-lO IIII1fIIIII 1I0-t400-l1MI)-J3 MDo::iol~1r. ~lP 2001 lit! CIaIooiI ~ 1Ir:t-t600-410.4:l-1I ~/I: - "-0 11~10.104-27 r..