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HomeMy WebLinkAbout012219mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting January 22, 2019 The Harnett County Board of Commissioners met in regular session on Tuesday, January 22, 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 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. Vice Chairman Howard Penny led the Pledge of Allegiance and invocation. Chairman Springle called for any additions or deletions to the published agenda. Mrs. Stewart asked to remove from the agenda the request for approval of revisions to the Harnett County Personnel Ordinance. She also said there was no need to hold the public hearing or consider the proposed ordinance ordering demolition for Case # PP -18-02; Landowner: Karton Properties; 0.36 +1- acres; Pin #0514-26-5034.000; 21 E. Tryon Court in the Anderson Creek Township as the property owner has already voluntarily demolished the structure. Commissioner Miller moved to approve the agenda as amended. Vice Chairman Penny seconded the motion, which passed 4 — 0. Vice Chairman Penny moved to approve items on the consent agenda. Commissioner McKoy seconded the motion that passed 4 — 0. 1. Minutes: January 7, 2019 Regular Meeting January 15, 2019 Work Session 2. Budget Amendments: 29 Aging Department Code 1105160 526010 1105160 522010 1105160 330210 Office Supplies Food & Provisions SHIIP Federal Funds 734 increase 300 increase 1,034 increase January 22, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 6 10 Veterans Treatment Court Code 2504185 539090 2504185 531050 2504185 539090 2504185 330210 30 Health Department Code 1105110 544000 1105110 549090 1105110 523040 1105110 531050 1105110 504010 1105110 531030 1105110 330210 441 Health Department Code 1105110 380890 1103800 380840 442 Aging Department Code 1103800 380840 1103800 380840 443 Aging Department Code 1105160 330210 1105110 330210 445 Aging Department Code 1105160 330210 1105110 330310 446 Aging Department Code 1105160 519090 1105160 330210 587 Aging Department Code 1105160 528010 1105160 380540 685 Board of Education Code 4705910 598500 4705910 599000 Other Cost (conference fees) Training & Meetings Other Costs (Sandhills) BJA Grant Funds Contracted Services Miscellaneous Expense Medical Supplies Training Contract Travel Travel — Employee Child Health -Federal Funds Other Revenue (Precepting Interns) Miscellaneous Revenue Contributions & Donations -Senior Health Contributions & Donations - Miscellaneous Federal Funding -Senior Health Federal Funding -Health Federal Funding -Senior Health State Funding -Health Professional Services General Fund -Senior Health Federal Special Projects Family Care Donations 3,085 increase 2,488 increase 5,574 increase 11,147 increase 14,450 increase 2,500 increase 7,965 increase 380 increase 125 increase 125 increase 25,545 increase 10,000 increase 10,000 decrease 15,800 increase 15,800 decrease 570,292 increase 570,292 decrease 247,972 increase 247,972 decrease 500 increase 500 increase 455 increase 455 increase Interfund Trans — Capital Res 54,045 increase Contingency 54,045 decrease January 22, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 6 688 Board of Education Code 5905910 555000 5903900 390984 925 General Debt Service Code 3009100 577000 3009100 576000 3003900 390981 Capital Outlay Transfers from — Capital Project Installment Purchase Interest Installment Purchase Principal Transfers from General Fund 3. Tax rebates, refunds and releases 54,045 increase 54,045 increase 22,976 increase 625,495 increase 648,471 increase 4. Revised Resolution of the Harnett County Board of Commissioners Declaring Its Intent to Close Certain Portions of the Unmaintained Rights -of -Way of Senter Street, Betts Street, and Byrd Street, and changing the called public hearing date to February 18, 2019. (Attachment 1) 5. Proclamation Supporting Harnett Ag Strong Initiative 6. Harnett County Capital Projects Director requested approval of an award of bid in the amount of $519,300 to Bolton Construction and Service, LLC from Raleigh, NC for equipment and installation of a chilled water system replacement for DSS/Commons/Health Department buildings. The existing chiller and tower are beyond feasible repair. (Attachment 2) 7. Harnett County Veterans Services requested approval of a new Veterans Services Officer Position, Pay Grade 20 with a job rate of $47,556 plus benefits. A current Veterans Services Specialist Position within Veterans Services, Pay Grade 17 with a job rate of $41,081 plus benefits, will be closed to offset the cost. Contingency funds will be used to cover the additional cost for the remainder of FY 2019 if needed. 8. Harnett County Development Services requested approval of a new Enforcement Code Officer I position, Pay Grade 22, $43,692 plus benefits. Contingency funds will be used to cover the additional cost for the remainder of FY 2019 if needed. Chairman Springle opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. No one spoke. Commissioner Miller moved to approve the appointments listed below. Vice Chairman Penny seconded the motion that passed 4 - 0. Adult Care Home Community Advisory Committee Ursela McLean was reappointed to serve on this committee for a term of three years expiring February 28, 2022. January 22, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 6 Board of Equalization and Review Chuck Robinson and Robert Smith were reappointed to serve on this Board for a term of two years expiring February 28, 2021. Harnett County Public Facilities Corp. Board of Directors Paula Stewart was reappointed to serve on this Board for a term of one year expiring November 30, 2019. Brian Haney was reappointed to serve on this Board for a term of one year expiring December 31, 2019. Johnson -Lee -Harnett Community Action Board of Directors Ursela McLean was reappointed to serve on this Board for a term of two years expiring February 28, 2021. Town of Coats Planning Board ETJ Members Ed Lauder and Robert Barefoot were appointed to serve as ETJ members on the Town of Coats Planning Board for a term of three years expiring December 31, 2021. Jay Sikes, Manager of Harnett County Planning Services, petitioned the Board for a public hearing regarding Proposed Land Use Map Amendment: Case # 1810-0001, Landowner/Applicant: Bobby & Betty Matthews/ Mark Puryear; 12.6 +/- acres; Pin #0653-29- 8668.000; Land Use Map amendment from Agricultural & Rural Residential to Employment Mixed Use; Baptist Grove Rd; Hector's Creek Township. Mr. Sikes noted that this 34.5 acres parcel is zoned RA -40, is currently split by the 2 land use classifications, and the current use of the whole parcel is vacant farmland. Surrounding land uses consist of low density single family residences, several residential neighborhoods, with an Industrial facility to the rear. Services available include Harnett County public water and private septic tank. Mr. Sikes stated staff's evaluation as: The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of this Land Use Map amendment outweigh any potential inconvenience or harm to the community. REASONING: The requested Land Use classification change to Employment Mixed Use will not have a negative impact on the surrounding properties as the same classification exists for adjacent properties. The requested Land Use classification is COMPATIBLE with the existing Land Use Classification. REASONING: The requested Land Use classification is compatible with the existing Land Use classification as a portion of this property is currently designated as such, as well as it's the same classification as adjacent properties to the East. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested Employment Mixed Use classification would enhance or January 22, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 6 maintain the public health, safety and general welfare since the zoning will be maintained as RA -40 & the propose use is for residential. The request is NOT for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: The subject area is immediately adjacent to the designation of Employment Mixed Use and therefore does not need to be evaluated for Small Scale amendment. Suggested Statement -of -Consistency: Staff concludes that the requested Land Use Map amendment is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community due to the existing Mixed Employment Use designated on a portion of this property, on the areas adjacent to this property, and along area corridors. It is recommended that this reclassification request be approved. Mr. Sikes stated that on December 3, 2018, the Harnett County Planning Board voted unanimously (4-0) to recommend approval based on adjacent and existing Employment Mixed Use designation as well as compatibility with the County's Land Use Plan. He noted that two citizens spoke in opposition during the meeting with concerns about any future rezoning to a non-residential use, increased residential density and traffic. Mr. Sikes provided clarification for commissioners. Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. - Don Curry with Curry Engineering in Fuquay-Varina address the Board and responded the plan is for a single-family residential subdivision. Seeing no one else move, Chairman Springle closed the public hearing. Vice Chairman Penny moved to approve the Land Use Map amendment as it is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community due to the existing Employment Mixed Use designation on a portion of this property, on the areas adjacent to this property, and along area corridors. Commissioner McKoy seconded the motion that passed 4 — 0. Randy Baker, Problem Properties Administrator, petitioned the Board for a public hearing regarding the proposed Ordinance Ordering Demolition: Case # PP -18-01; Landowners: Tarbit Elem Johnson C/O Tarbart N. Faulk; 0.58 +/- acres; Pin #0654-51-6833.000; 9018 US 401 North; Hector's Creek Township. Mr. Baker briefly reviewed the condemnation process for this property thus far. Mr. Baker provided the condemnation staff report including property value assessment/tax status, building code assessment, site photos and the following staff evaluation: The single family residential structures that are located on the property have been vacant for several years. Both show signs of structural damage and neglect that render them in a condition that is viewed as unsafe and a danger to the general public. A notice of the dangerous character of the structures have been placed in a conspicuous place on the exterior. Due to the significate amount of damage that the structures have sustained, it is recommended that the condemned structures be demolished. The prolonged presence of the structures is likely to cause or contribute to blight, disease, vagrancy or danger to children. January 22, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 6 Mr. Baker noted a large amount of junk materials is currently being stored inside one of the structures and the vegetation is currently overgrown and restricts the ability to maneuver the property. 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 McKoy moved to approve the Ordinance Authorizing Demolition of 9018 US 401 North (Single -Family Residence & Accessory Structure) and Imposition of Lien to Recover County Costs. Vice Chairman Penny seconded the motion, which passed 4 — 0. (Attachment 3) Mrs. Stewart presented the following reports: - Harnett County Public Health Activities — December 2018 - Harnett County School financials — November & December 2018 Mrs. Stewart also reviewed upcoming meetings and invitations with the Board. There was no new business. Commissioner Miller moved that the Board go into closed session for the following purposes: 1) 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 2) To discuss certain personnel matters. This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(5)&(6). Vice Chairman Penny seconded the motion that passed 4 - 0. Vice Chainnan Penny moved that the Board come out of closed session. Commissioner McKoy Seconded the motion, which passed 4 — 0. Vice Chairman Penny moved to adjourn the meeting at 6:50 pm. Commissioner Miller seconded icsr''' the motion that passed 4 — 0. and Penny, Jr., Chairm-n et Regina eeler, Clerk January 22, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 6 ATTACHMENT 1 A RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS DECLARING ITS INTENT TO CLOSE CERTAIN PORTIONS OF THE UNMAINTAINED RIGHTS-OF-WAY OF SENTER STREET, BETTS STREET, AND BYRD STREET, AND CALLING A PUBLIC HEARING ON THE QUESTION WHEREAS, Harnett County received a request for the closure of certain portions of the following unmaintained rights-of-way: (i) Senter Street between the Northern and Southern Railroad right-of-way and U.S. Highway 401; (ii) Betts Street between the Northern and Southern Railroad right-of-way and U.S. Highway 401; and (iii) Byrd Street between the northern line of the Betts Street right-of-way and the southern line of the Senter Street right-of-way; and WHEREAS, the portions of the unmaintained rights-of-way to be closed are the areas within the diagonal lines shown on Exhibit A attached hereto and incorporated herein; and WHEREAS, the Harnett County Board of Commissioners (hereinafter referred to as the "Board") is advised that all abutting properties have existing access to and from public streets and closure of the right-of-way sections in question would not deprive any property owner of reasonable means of ingress and egress. WHEREAS, the provisions of North Carolina General Statute § 153A-241 require that a resolution be adopted by the Board declaring the intent of the Board to close such right-of-way and to call a public hearing to hear all interested persons who appear with respect to whether the closure would be detrimental to the public interest or to any individual property rights. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that the Board hereby declares its intent to consider closing certain portions of the following unmaintained rights-of-way: (i) Senter Street between the Northern and Southern Railroad right- of-way and U.S. Highway 401; (ii) Betts Street between the Northern and Southern Railroad right- of-way and U.S. Highway 401; and (iii) Byrd Street between the northern line of the Betts Street right-of-way and the southern line of the Senter Street right-of-way. BE IT FURTHER RESOLVED that the Board calls a Public Hearing at 6:00 pm on Monday, February 18, 2019 in the County Administration Building at 420 McKinney Parkway, Lillington, North Carolina 27546 to hear all interested persons who appear with respect to whether the closure of said rights-of-way would be detrimental to the public interest or to any individual property rights, and hereby authorizes the Harnett County Manager, at the expense of the applicant, to arrange publication, posting, and mailing of notices of the Public Hearing as required by law. This resolution shall be effective upon adoption. Attest: Adopted this the 22nd day of January, 201 Chairman, arnett County B et Regina eeler, Clerk to the Board www.harnett.org as LVV coma 4a30I9950IDru uw ' V JI13IHX3,, xset ON VPaltIVA Avnoni M18ON for '9'n 1V J M3D HV71Oa VNINVA xvnbn3 SONIMV IU NOLIJCl/LLSNOJ • --H— t I I i++11 I Iarri I NI tils—i-NITI +-F-I—I 1+1 I I -H-14+1-I- I i 9 9 coma 4a30I9950IDru uw ' V JI13IHX3,, xset ON VPaltIVA Avnoni M18ON for '9'n 1V J M3D HV71Oa VNINVA xvnbn3 SONIMV IU NOLIJCl/LLSNOJ • --H— t I I i++11 I Iarri I NI tils—i-NITI +-F-I—I 1+1 I I -H-14+1-I- ATTACHMENT 2 co v m Chilled Water System Replacement 01 C a a1 m c i N CO C < N G1 C 10 0 C C O >,V N all M r v CD 0 O i Z W = o LL r Ea) a CD��++ Z AY. `:5 d O L I CD o ✓ O a o Z m Date: December 20, 2018 Alt. No. 2: Trane Chiller o E9 O EA 0 Ei3 Alt. No. 1: Standby Pumps o 0 o o rn tri L() ER 0 0 d u) 0 v $55,000.00 Base Bid ($) o 0 0 o o 0) r n E o 0 0 v. 0) • co u) (1 $519,300.00 mp & > > > Submitted MBE Forms > > > Completed Proposal Form > > > License No. 12896 n N d' I- 0) 0) co N N Bidder Name Baker Mechanical, Inc. Wilson, NC Sims Mechanical Solutions, Inc Raleigh, NC Bolton Construction and Service, LLC Raleigh, NC 2 C u 0 d 0 U 0 0 p a 0 0 0 0. 0 ti It is our opinion that three (3) bidders presented fully responsible bids. This is a true and accurate tabulation of the bids received on December 20, 2018. Certified: Dewb Date: December 20,_2018 + a Q 0. ATTACHMENT 3 Harnett COUNTY NORTH CAROLINA www.harnett.org ORDINANCE AUTHORIZING DEMOLITION OF 9018 US 401 NORTH (SINGLE-FAMILY RESIDENCE & ACCESSORY STRUCTURE) AND IMPOSITION OF LIEN TO RECOVER COUNTY COSTS WHEREAS, the County of Harnett has received complaints about life safety issues and potential code violations on the single-family residence and an accessory structure located at 9018 US 401 North, Fuquay Varina, NC, owned by Tarbit E. Johnson c/o Tarbart N. Faulk through deed recorded in Book 404, Page 21, of the Harnett County Registry, and WHEREAS, the concerns identified have included structural deterioration and collapse, water intrusion, and other code violations that present clear life safety issues, and WHEREAS, on February 27, 2018, the structures located at 9018 US 401 North were posted in a conspicuous place as unsafe and a certified letter was sent to the owner, Tarbit E. Johnson c/o Tarbart N. Faulk on March 1, 2018 to order the structures not to be occupied, and to advise the owner of the opportunity to present evidence concerning the structures at a hearing, which was scheduled for March 7, 2018, and WHEREAS, County staff conducted a hearing on March 7, 2018 in accordance with N.C.G.S. 153A-368, and the owners, persons in interest, agents or attorneys did not submit evidence that would dispute the assessment of the structures, and WHEREAS, based on the examination of the structures and the absence of evidence or argument from Tarbart N. Faulk, the agent representing the property located at 9018 US 401 North, a formal order was issued to demolish the structures on March 8, 2018, and a deadline of May 11, 2018 to demolish the structures was established as required by N.C.G.S. 153A-369, and WHEREAS, Tarbart N. Faulk, the agent representing the property located at 9018 US 401 North, did not appeal the March 8, 2018 order to the Harnett County Board of Commissioners, and WHEREAS, no significant progress has occurred to demolish the structures, and it remains in a similar condition as noted in February 2018, and WHEREAS, in the interest of the public health, safety, and welfare, and despite the efforts by Harnett County staff to resolve the outstanding life safety concerns, and as a result of the owner having failed to comply with the order to demolish within the prescribe timeframe, the County has determined that it is now necessary for the County to proceed with the demolition of the single-family residence and the accessory structure at 9018 US 401 North, Fuquay Varina, NC, and WHEREAS, the County has solicited bids for the demolition of the structures, and the low bid is the sum of $6,250.00 for the demolition and removal of debris and materials of the single-family residence and the accessory structure, and strong roots • new growth WHEREAS, the cost incurred by the County shall be a lien against the owner, Tarbit E. Johnson c/o Tarbart N. Faulk, and the real property located at 9018 US 401 North, Fuquay Varina, NC as conveyed to owner in Book 404, Page 21, Harnett County Registry, and the County shall sell any usable materials and personal property, fixtures, and appurtenances found in or attached to the structure and credit the proceeds of the sale toward the costs and account to the owner, NOW, THEREFORE BE IT ORDAINED by the Harnett County Board of Commissioners that: Section 1. Due to significant life safety concerns and pursuant to N.C.G.S. 153A-372, the demolition of the single-family residential structure and accessory structure at 9018 US 401 North, Fuquay Varina, NC, (PIN 0654-51-6833.000) is hereby authorized, and County staff shall contract for and carry out the demolition and removal of the structures in accordance with the terms of this Ordinance. Section 2. Pursuant to N.C.G.S. 153A-372, and N.C.G.S. 153A-200, a lien equal to the amount of the County's cost associated with the demolition and removal, less any credits due the owner, shall be imposed against the real property located at 9018 US 401 North, and the costs shall be repaid to the County within 30 days following demolition and removal of the single- family residential structure and accessory structure. If the County does not receive payment for said costs within 30 days, then all costs not paid to the County within 30 days shall accrue interest at a rate of 8% per annum and said interest shall be added to the amount of the lien imposed, and the County is authorized to foreclose its lien and recover all costs associated therewith including attorney's fees and court costs. Section 3. County shall sell the usable materials of the dwelling and credit the proceeds against the cost of demolition and removal. If a surplus remains after the sale of materials and satisfaction of the cost of removal or demolition, County shall deposit the surplus in the Superior Court where it shall be secured and disbursed by the Court to the person found to be entitled thereto by final order or decree of the Court. Section 4. A certified copy of the Resolution and Ordinance be recorded in the Office of the Harnett County Register of Deeds. Section 5. This Ordinance shall become effective upon its adoption. Adopted this the 22nd day of January, 2019. ATTEST: HARNETT COUNTY BOARD OF COMMISSIONERS t Gina Whee , Clerk to the Board www.harnett.org Gordon Sp