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012411mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting January 24, 2011 The Harnett County Board of Commissioners met in regular session on Monday, January 24, 2011, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Timothy B. McNeill, Chairman Beatrice B. Hill, Vice - Chairman Dan B. Andrews, Commissioner Gary House, Commissioner Jim Burgin, Commissioner Scott Sauer, County Manager Tony Wilder, Deputy County Manager Dwight Snow, County Attorney Sylvia Blinson, Finance Office Margaret Regina Wheeler, Clerk Chairman McNeill called the meeting to order at 7:00 p.m. Commissioner House led the pledge and invocation. Pasty Carson, Mayor of the Town of Erwin, was called upon to introduce Adrienne Core, Miss North Carolina. Mayor Carson distributed bags of Ms. Core's favorite food, peach rings, to commissioners. Ms. Core recently represented the State of North Carolina at the Miss America pageant in Las Vegas where she won her group's preliminary talent competition. Chairman McNeill presented, on behalf of Harnett County, Ms. Core with a resolution and Harnett County shaped - plaque commending and honoring her for her accomplishments and service as Miss North Carolina 2010. Adrienne Core, Miss North Carolina, addressed the group.(Attachment 1) Chairman McNeill called for additions and deletions to the published agenda. Mr. Barry Blevins requested the removal of the Public Hearing regarding NC Division of Community Assistance — Scattered Site Housing Grant —SSHO8 Closeout. Mr. Blevins reported that the notice was published too late to comply with the 10 day statutory requirement for public notices. Mr. Sauer requested the addition of budget amendments 244 Public Utilities for $35,000; 205 Legal Services for $35,000; and 203 Emergency Services for $28,484. Commissioner House requested budget amendment 189 Public Utilities for $21,201 be pulled from the consent agenda for discussion purposes. Commissioner Burgin moved to approve the agenda as amended. Commissioner House seconded the motion which passed unanimously. Harnett County Board of Commissioners January 24, 2011 Regular Meeting Minutes Page 1 of 14 Commissioner House moved to approve the following items on the amended consent agenda. Commissioner Burgin seconded the motion which passed unanimously. Budget Amendments: 180 Social Services Code 110- 7710 - 441.89 -50 110- 7710- 441.89 -60 110- 7710- 441.80 -90 110- 7710- 441.80 -85 110 -0000- 353.06 -00 110- 0000 - 330.77 -01 Elderly Assistance Donations Foster Care Donations Crisis Intervention Progress Energy Neighbor Social Services Donations Social Services Administration 183 Social Services Code 110- 7999 - 441.31 -80 Lee County 110- 0000 - 399.00 -00 Fund Balance Appropriated 186 Health Code 110- 0000 - 353.21 -00 Aging Donations 110- 0000 - 353.76 -05 Health Donations 190 Coon_ erative Extension Code 110- 7322 - 465.11 -00 110- 7322 - 465.21 -00 110- 7322 - 465.22 -00 110- 7322 - 465.23 -00 110- 7322 - 465.26 -08 Salaries & Wages Group Insurance FICA Regular Retirement Worker's Compensation 193 Sheriff's Detention 110 -5120- 420.11 -06 Salaries Comp Time Payout 110 -5120- 420.21 -00 Group Insurance Expense 195 General Services Code 110- 4600 - 410.43 -21 Maintenance & Repair — Auto 110- 0000 - 356.30 -00 Insurance Reimbursement 196 Sheriff Code 1 1 0- 0000 - 331.51 -07 110- 0000 - 343.51 -07 197 Clerk of Court Code 110- 4402 - 410.44 -21 110- 8800 - 490.32 -16 Child Support Enforcement Child Support Enforcement 375 increase 25 increase 24,515 increase 615 increase 400 increase 25,130 increase 39,000 increase 39,000 increase 2,000 decrease 2,000 increase 300 increase 200 increase 424 decrease 251 decrease 175 increase 228 increase 228 decrease 756 increase 756 increase 47,495 decrease 47,495 increase Building & Equipment Rent 3,400 increase Contingency 3,400 decrease Harnett County Board of Commissioners January 24, 2011 Regular Meeting Minutes Page 2of14 199 Sheriff Code 110 -5100- 420.43 -21 110 -5100- 420.43 -21 110- 0000 - 356.30 -00 110- 0000 - 356.30 -00 Maintenance & Repair — Auto Maintenance & Repair — Auto Insurance Reimbursement Insurance Reimbursement 1,862 increase 2,575 increase 1,862 increase 2,575 increase 200 Emergency Services Code 110 -5300- 420.11 -06 Comp Time Payout 3,000 increase 110- 0000 - 389.57 -00 Interfund Transfer — Emergency Response 3,000 increase Planning 201 Emergency Response Planning Code 263 -5251- 420.11 -00 Salaries & Wages 263 -5251- 420.90 -10 Interfund Transfer — General Fund 202 Health Code 110- 7500- 441.33 -45 110- 7552- 441.33 -45 110- 0000 - 331.77 -03 110- 0000 - 331.75 -52 203 Emergency Services Code 110 -5300- 420.60 -33 110 -5300- 420.74 -74 110- 8800 - 490.32 -16 110- 0000 - 356.30 -00 Contracted Services Contracted Services Aging Block Grant Nutrition Block Grant Materials & Supplies Capital Outlay — Equipment Contingency Reimbursement — Insurance Claim 3,000 decrease 3,000 increase 3,000 increase 332 increase 3,000 increase 332 increase 3,942 increase 36,427 increase 11,885 decrease 28,484 increase 1. Emergency Services requested authorization to submit application to the NC Department of Crime Control and Public Safety Division of Emergency Management for the purpose of funding a regional search and rescue training exercise in the amount of $45,300. The funds are part of the Homeland Security Grant Program FY 2010 and cover the period August 1, 2010 through July 31, 2013. We will use these funds to host a two -part multi - jurisdictional exercise series. The scenario will entail a tabletop and a full -scale incident. There is no cost share for this grant. 2. Finance Officer requested approval of a contract for the audit firm of Martin Starnes & Associates, CPA to audit the County's accounts for the period of July 1, 2010 through June 30, 2011. The fee for these services is $67,000. The Harnett County Board of Commissioners approved the awarding of a three year audit contract to Martin Starnes & Associates, CPA's at the April 5, 2010, meeting. This will be the second year of that contract. Harnett County Board of Commissioners January 24, 2011 Regular Meeting Minutes Page 3 of 14 3. E -911 requested permission to use the sole source purchasing option to purchase Emergency Fire Dispatch (EFD) — Computer Aided Dispatch Enhancement. EFD software intergrates the power of the National Academy Protocols with today's critical computer technologies. It helps emergency dispatchers move smoothly through Case Entry, Key Questioning, quickly determines the appropriate Determinant Code for each use, provides all relevant Post Dispatch and Pre Arrival Instructions. The EFD software and cardset for 6 Dispatch positions from Priority Dispatch will cost $48,714. The VisionAir cost to interface with the EFD software will cost $7,404. This has been budgeted for in the E -911 Emergency Telephone System Budget. 4. Parks and Recreation requested permission to submit a Parks and Recreation Trust Fund (PARTF) grant for Anderson Creek Park. The grant application will request $500,000 from the PARTF. PARTF monies have to be matched dollar for dollar or matched with donation of land. Harnett Forward Together Committee has offered to donate 204 acres (pending awarding of grant and approval by bank) of the 1000 plus total acres for Phase 1 of Anderson Creek Park. The 204 acre parcel has been appraised to value $546,000. Harnett County will be reimbursed for all cost associate with Phase I, not exceeding $500,000. Anderson Creek Park, Phase 1, will consist of pedestrian trails (paved and natural), playground, picnic shelter, restroom facilities, disc golf, an overlook, interpretive signage and kiosk, and infrastructure. Future phases of Anderson Creek Park will include more walking trails, equestrian trails, mountain biking trails, more picnic shelters, another playground, more overlooks, a multi - purpose building, and more. 5. Legal staff requested approval of the lease of 39.73 acres off State Road 1510 (former Harnett County landfill) between the County of Harnett and Richard W. Gregory to be used for hunting purposes. The term of this agreement is one year and the total rent figure is $198.75. Chairman McNeill opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. - Eddie Smith, 126 Oak Street, said he understanding commissioners have the authority to set the date when dog hunting is allowed. Mr. Smith said he has spent a lot of time working on a solution and believes allowing dog hunting season to come in the same time as central season, which is around mid - November, would offer a good compromise to all parties. - Howard Penny of Old Stage Road and the chairman of the Hunting Committee, talked about past efforts, including pending legislation, regarding dog hunting in the county. Mr. Penny said if you reduce down then you have a compromise between still hunters and dog hunters. It was the consensus of the Board to asked County Attorney Snow to research this as setting a new date for dog hunting season sounded like a good start and compromise. Harnett County Board of Commissioners January 24, 2011 Regular Meeting Minutes Page 4 of 14 - Gary Ross of 1148 Melvin Lane talked about issues with a Mr. Smith and Forest Ridge; requesting commissioners to "revoke his permit" saying 3 1/2 years of no work on a 5 year permit is unacceptable" There were no nominations for appointments. Mr. Snow presented a Resolutions for approval of the Harnett County Board of Commissioners approving amendments to the Amended and Restated Articles of Incorporation (Charter) of Harnett Health Systems, Inc. as amended. Mr. Snow reported that after the Harnett County Board of Commissioners adopted at its regular meeting on January 10, 2011, Resolutions concerning its approval of the Plan of Merger between Harnett Health System (HHS) and Betsy Johnson Hospital Authority; he was contacted by the HHS Attorney who advised that the bond counsel for HHS had discovered a certain modifications needed on the Restated Articles of Incorporation (Charter) of HHS. This modification involves the corporation dissolution provisions of Article 9. Mr. Snow explained Bond Counsel has advised that this modification is needed in order that HHS can sustain Medicare reimbursements from its operations at a higher level. Commissioner Burgin moved to accept the amendment and approve the Resolutions as presented. Commissioner House seconded the motion which passed unanimously. (Attachment 2) Phil Ferrell, Superintendent of Harnett County Schools, presented capital projects funding options for urgent capital needs that total $2,385,000. The series of capital outlay projects include chillers and controls at Triton High School, HVAC controls and Harnett Central and Western Harnett High Schools and chillers at Overhills Middle School. Mr. Ferrell asked the Board to consideration an allotment so they could move forward with bids as the projects must be completed during the period when students are not in attendance June through August 2011. Mr. Ferrell asked, if the allotment was not approved, for permission to draw down from fund balance to fund these projects if commissioners don't approve the allotment. Mr. Ferrell said they preferred the first option one as it would allow them the opportunity to look at saving some jobs. Mr. Bob Troutman, Finance Officer for the Harnett County Board of Education, clarified they anticipate a reduction of approximately $12 Million due to state deficits and ending of ARRA funds. Commissioner House asked if the requested allocation would put the county below 8% in fund balance. Chairman McNeill said he thinks it makes sense for the Board of Education to draw down the funds from their fund balance at this stage. Commissioner Burgin moved to approve the transfer of $2,200,000 from the board of Education's Local Operating Budget fund balance to the Board of Education's Capital Budget. Commissioner Andrews seconded them motion which passed unanimously. Regarding budget amendments 244 Public Utilities for $35,000 and 205 Legal Services for $35,000; Commissioner House said he thought this was a senseless use of Harnett County funds. He said he had turned over "tons" of information for review and this could have been avoided if questions he submitted 2 1/2 months ago had been answered. Commissioner Burgin said if Harnett County Board of Commissioners January 24, 2011 Regular Meeting Minutes Page 5of14 anything has been done wrong that we need to look in to it but he thinks there is a better way than paying attorney fees. He said if there is any wrong -doing it should be turn over to the District Attorney. Commissioner Andrews moved to approve the budget amendments. Vice Chaiiman Hill seconded the motion which passed 3 to 2. 204 Public Utilities Code 531- 9000 - 431.90 -10 Interfund Transfer — General Fund 531 -0000- 399.00 -00 Fund Balance Appropriated 205 Legal Services Code 110 -4155- 410.30 -04 Professional Services 110- 0000 - 389.50 -00 Interfund Transfer — HCDPU 35,000 increase 35,000 increase 35,000 increase 35,000 increase Commissioner House said he has requested that budget amendments relating to Marziano not be place on the consent agenda. Commissioner Burgin asked that budget amendment 189 Public Utilities for $21,201 be tabled until staff is available for discussion. It was the consensus of the Board to pull the budget amendment until discussion on February 1, 2012. Mark Locklear, Planning Manager, petitioned the Board for a public hearing regarding proposed rezoning, Owner of Record: JME Riverwalk, LLC -et al, Applicant: Jason Bertoncino, P.E., 45.3 +/- acres, From RA -20M & RA -20R to Commercial Zoning District, Hwy 87 & Cypress Creek Faun Road, Barbecue Township. A public hearing was held by the Planning Board on January 4, 2011. Small scale rezoning was considered and found to be reasonable with a five to one vote with Ms. Webb. opposing. The Planning Board recommends approval with a five to one vote with Ms. Webb opposed. The motion was made based upon favorable findings of facts. Mr. Locklear reported the site is currently undeveloped and surrounding land uses are single family residential homes, church, Cypress Creek Farms Subdivision, Western Harnett Industrial Park, farmland and vacant land. A small portion of this site is located within the Hwy 87 Corridor Overlay District. Mr. Locklear reported staff 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 Highway 87 corridor is becoming predominately non - residential and development in the vicinity of the subject property has continued at a steady pace. A small portion of the front property located off Calvary Church Road is located within the Highway 87 Corridor Overlay District and the requested zoning change will not have a negative impact on the surrounding property. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The subject properties are not compatible with the existing land use plan. However, due to the current growth plan and economic development efforts taking place within close proximity to this site. It is recommended that the land use plan be amended to accommodate commercial growth in the area. Harnett County Board of Commissioners January 24, 2011 Regular Meeting Minutes Page 6 of 14 - The proposal does ENHANCE or maintain the public health, safety, and general welfare. REASONING: The proposed commercial zoning district is more appropriate for this site due to several factors. Highway 87 is a primary thoroughfare throughout Western Harnett County and the continued non - residential development along this corridor is considered vital to Harnett County local economy. The request is for a SMALL SCALE REASONING and should be evaluated for reasonableness. REASONING: This request for Commercial Zoning must be considered for a small scale rezoning as the subject property is not immediately adjacent to Commercial Zoning. 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 and will enhance the public health, safety, and general welfare for the reasons stated in the evaluation. It is recommended that this rezoning request be approved. Chaiiinan McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. - Jason Bertoncino, applicant, said he feels the rezoning is appropriate. Seeing no one else move, Chairman McNeill closed the public hearing. Commissioner Burgin moved to approve the rezoning request as presented. Vice Chairman Hill seconded the motion which passed unanimously. Mr. Locklear petitioned the Board for a public hearing regarding proposed rezoning, Owner of Record: Peter Ormond, Applicant: Lambert Surveying Inc., .86 +/- acres, From Conservation & RA -20R to RA -20R Zoning District, SR1412, Hector's Creek Township. A public hearing was held by the Planning Board on January 4, 2010. The Planning Board unanimously recommends approval of the request based upon favorable findings of facts. Mr. Locklear reported staff 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 adjacent property owner and the surrounding community is reasonable. The existing zoning district of Conservation is to protect the natural environment as well as citizens and their property from flood hazards. However, the area requested to be rezoned is well out of any flood hazard area, any noted wetlands and should cause no halm or inconvenience to the community. - The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning to RA -20R is compatible with the Land Use Classification Low Density Residential. The classification is to promote single family homes, manufactured homes and larger size lots. - The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The area that is being requested does not lie within a flood hazard are or delineated wetlands and will not interfere with the remaining conservation area. Thus the Harnett County Board of Commissioners January 24, 2011 Regular Meeting Minutes Page 7of14 request to rezone a very small portion of the conservation area will maintain the public health, safety and general welfare. - The request is NOT for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: This request does not need to be evaluated for a small scale rezoning, because the area requested to be rezoned abuts RA -20R zoning. Suggested Statement -of- Consistency: Staff concludes that the requested rezoning to RA -20R is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community and will enhance the public health, safety, and general welfare for the reasons stated in the revaluation. It is recommended that this rezoning request be approved. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. - W.R. Lambert of Lambert Surveying, Inc. spoke in support of the request. Seeing no one else move, Chairman McNeill closed the public hearing. Commissioner Andrews moved to approve the rezoning request as presented. Vice Chairman Hill seconded the motion which passed unanimously. Mr. Locklear petitioned the Board for a public hearing regarding proposed rezoning, Owner of Record: Florence C. Wellons, Applicant: The Wellons Companies, 20.0 +1- acres, From Commercial to RA -20M Zoning District, SR1121 Ray Road, Anderson Creek Township. A public hearing was held by the Planning Board on December 6, 2010. The Planning Board unanimously recommends approval of the request based upon favorable findings of facts. Mr. Locklear reported the subject property is currently the location of Cooper's Ranch, which includes manufactured homes, duplexes, and apartments with surrounding land uses including a commercial shopping center, a convenience store, residential subdivisions, and additional commercial sites. There is also a county school complex and small amount of undeveloped land in the general vicinity of the subject property. Mr. Locklear noted in April 2009, 43 acres of this property was rezoned from Commercial to RA -20M. As required for all zoning changes within a five mile radius of Fort Bragg, the Regional Land Use Advisory Commission was contacted and had no issues with this rezoning. Mr. Locklear reported staff 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 minimal, as the subject property is already being used for the type of zoning requested. The proposal will bring the subject property into compliance with zoning. - The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The existing land use classification, Rural Development Node, is meant to encourage development with a community focus, including neighborhood business and walkable communities. The proposed zoning classification is compatible with this land use. Harnett County Board of Commissioners January 24, 2011 Regular Meeting Minutes Page 8of14 The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The proposal enhances the general welfare of the public, as it brings the subject property into compliance with current zoning regulation. Additionally, the proposal will allow for the improvement of the subject property. - The request is NOT for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: The subject property is located immediately adjacent to RA -20M zoning and thus does not need to be evaluated for a small scale rezoning. Suggested Statement -of- Consistency: Staff concludes that the requested rezoning to RA -20M is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community and will enhance the public health, safety, and general welfare for the reasons stated in the evaluation. It is recommended that this rezoning request be approved. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. - Scott Brown of Fayetteville, representing the applicant, spoke in favor of the rezoning. Mr. Brown said there would be fewer houses than there were trailers so it should not increase traffic in the area. Mr. Brown said the project was going to move extremely fast and should be complete within 18 months. - Patrick Flowers of Spring Lake said his main concern for any rezoning is traffic on Ray Road. He said we have got to push NC DOT to widen that road so it can handle the traffic. Chairman McNeill told Mr. Flowers that Ray Road is slated for widening in 2015. He noted the project has been assigned funding through the TIP for Harnett County. Seeing no one else move, Chairman McNeill closed the public hearing. Commissioner Andrews moved to approve the rezoning request as presented. Commissioner Burgin seconded the motion which passed unanimously. Mr. Locklear petitioned the Board for a public hearing regarding proposed rezoning, Owner of Record: Thomas Frangakis et al, Applicant: Stephen A. Connell, 2.53 +/- acres, From RA -20R to Commercial Zoning District, 2241 Hwy 24/87, Anderson Creek Township. A public hearing was held by the Planning Board on Monday, December 6, 2010. Small scale rezoning was considered and found unanimously to be reasonable. The Planning Board unanimously recommends approval of the request based upon favorable findings of facts. Mr. Locklear noted the site is located along Hwy 87, within the Hwy Corridor Overlay District and contains a doublewide manufactured home with surrounding land uses including several residential subdivisions, additional single family homes, a variety of commercial development in close proximity and undeveloped land. Forest Ridge Subdivision (Melody Lane) was approved as a Planned Unit Development and has the potential of having some commercial development directly across Hwy 87. As required for all zoning changes within a five mile radius of Fort Bragg, the Regional Land Use Advisory Commission was contacted and had no issues with this rezoning. Harnett County Board of Commissioners January 24, 2011 Regular Meeting Minutes Page 9 of 14 Mr. Locklear reported staff 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 hami to the community. REASONING: Development in the vicinity of the subject property has continued at a steady pace, even with the current economic conditions. The Hwy 87 corridor is well on its way to becoming predominately non - residential. The requested rezoning change will not have a negative impact on the surrounding property. - The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The existing land use classification, Compact Mixed Use is meant to encourage a combination of differing residential types such as: small lot single family and multi - family developments, commercial, and institutional uses. The requested rezoning change is compatible with this classification. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: Properties to the North can South of the subject property are currently zoned commercial or proposed to be commercial; therefore the proposed commercial zoning district is more appropriate for the site due to the following factors, the continued non - residential development in the area, the current and proposed surrounding land uses. Therefore the proposed zoning would enhance the public health and general welfare. - The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: The requested zoning change, to Commercial, will require the application by considered for reasonableness of a small scale rezoning, as the subject property is not immediately adjacent to any other Commercial zoning designation. 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 and will enhance the public health, safety, and general welfare for the reasons stated in the evaluation. It is recommended that the rezoning request be approved. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. - Steven Connell, applicant representing owners, spoke in favor of the rezoning request. Mr. Connell said they do not have any site specific plans at the moment. - Gary Ross, 48 Melody Lane in Forest Ridge Subdivision, shared concerns regarding traffic. Seeing no one else move, Chairman McNeill closed the public hearing. Chairman McNeill moved to approve the rezoning request as presented. Commissioner Burgin seconded the motion which passed unanimously. Mr. Locklear petitioned the Board for a public hearing regarding proposed rezoning, Owner of Record /Applicant: Stafford Land Company, Inc. 9.04 acres, From Commercial to RA -20M Zoning District, SR2508 Highgrove Drive, Anderson Creek Township. A public hearing was held by the Planning Board on January 4, 2010. The Planning Board unanimously recommends approval of the request based upon favorable findings of facts. Harnett County Board of Commissioners January 24, 2011 Regular Meeting Minutes Page 10 of14 Mr. Locklear noted the site is currently undeveloped with surrounding land uses including High Grove at Anderson Creek, several other residential subdivisions, additional single family homes, a variety of commercial development, and undeveloped land. As required for all zoning changes within a five mile radius of Fort Bragg, the Regional Land Use Advisory Commission was contacted and had no issues with this rezoning. Mr. Locklear reported staff 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 similar in nature to much of the existing development of the area and it would not cause any inconvenience or harm to the community. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning district, RA -20M, is compatible with the existing Land Use Classification, Compact Mix Use. This classification is meant to encourage a combination of different residential types such as small lot single family and multi - family, commercial, and institutional uses. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The proposed zoning district will enhance the public health and general welfare of the public in that it will likely lead to the continued residential development of the area. - The request is NOT for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: The requested does not need to be evaluated for a small scale rezoning because it is adjacent to RA -20M Zoning. Suggested Statement -of- Consistency: Staff concludes that the requested rezoning to RA -20M is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community and will enhance the public health, safety, and general welfare for the reasons state in the evaluation. It is recommended that this rezoning request be approved. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. He also asked staff to list what is permitted in a commercial zoning area. - The following citizens were opposed to this rezoning as written. Many were concerned about property values and said they did not want apartments or multi - family homes in their neighborhood. o Jim Ciciora, 54 Sedgefield Drive o Mr. Ciciora also presented the Board with a petition of 54 signatures protesting the request. o Josh Morgan, 295 Highgrove Drive o Cindy Ciciora, 54 Sedgefield Lane, Highgrove Subdivision. Mrs. Ciciora also said they already have lots of problems with power outages in the area. o Matt Peffer, 644 Highgrove Drive Harnett County Board of Commissioners January 24, 2011 Regular Meeting Minutes Page 11 of 14 o Frank Blalock, 103 Heathrow Drive o Annie White, 318 Heathrow Drive o Shawn Ypina, 55 Sedgefield Lane o Melanie Dsouza, 443 Highgrove Drive o Philipe Vazquez, 478 Highgrove Drive o Mustapha Silla, 683 Heathrow Drive o Corey Burnett, 40 Sedgefield Lane o Stephen Matthewson, 256 Hethrow Drive o Robben Kadish, 429 Highgrove Drive o Kurt Gochenauer, 423 Heathrow Drive o Anthony Rangel, 608 Highgrove Drive o Steven Wright 415 Highgrove, o Matthew Cline, 290 Highgrove Drive o DeeDee Richardson 337 Highgrove Drive - Don Mizelle with Stafford Company, spoke in favor of the rezoning request. applicant was looking at ownership townhouses for the property. He said the Commissioner House clarified that the Board of Commissioners does not have authority to change an application. Chairman McNeill stressed when rezoning is considered, anything within that zoning that is proposed is permitted. Mr. Mizelle confirmed an additional 200 homes planned 9 in the Highgrove Subdivision with an additional entrance on Ray Road. Seeing no one else move, Chairman McNeill closed the public hearing. Commissioner House said he was in favor of leaving he property zoned commercial. Commissioner Burgin moved to deny the rezoning request as he does not think the request is compatible with the existing land use nor does it enhance the public health, safety or general welfare. Commissioner House seconded the motion which passed unanimously. Mark Locklear petitioned the Board for a public hearing regarding proposed rezoning, Owner of Record: Stafford Land Company, Inc., Applicant: Harnett County Planning Department, 0.92 acres; From Commercial to RA -20M Zoning District, 2508 Highgrove Drive, Anderson Creek Township. A public hearing was held by the Planning Board on Tuesday, January 4, 2010. The Planning Board unanimously recommends approval of the request based upon favorable findings of facts. Mr. Locklear noted the site is currently undeveloped with surrounding land uses including several residential subdivisions, additional single family homes, a variety of commercial development, and undeveloped land. As required for all zoning changes within a five mile radius of Fort Bragg, the Regional Land Use Advisory Commission was contacted and had no issues with this rezoning. Mr. Locklear reported staff 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 Harnett County Board of Commissioners January 24, 2011 Regular Meeting Minutes Page 12 of 14 reasonable, as the requested zoning district is similar in nature to much of the existing development of the area. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning district, RA -20M, is compatible with the existing Land Use Classification, Compact Mix Use. This CMU classification is meant to encourage a combination of different residential types such as small lot single family and multi - family, commercial, and institutional uses. - The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The existing zoning district for the subject property is not compatible with the general vicinity of the site. The proposed RA -20M zoning is more appropriate, due to the rest of the parcel being zoned RA -20M. The request is NOT for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: The subject property is located immediately adjacent to RA -20M zoning and thus does not need to be evaluated for a small scale zoning. Suggested Statement -of- Consistency: Staff concludes that the requested rezoning to RA -20M is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community and will enhance the public health, safety, and general welfare for the reasons stated in the evaluation. It is recommended that this rezoning request by approved. Mr. Locklear said this is a piece of commercial land sitting in the middle of RA -20 and the land around this pond is plated due to subdivision which would not change. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. - The following citizens were opposed to this rezoning as written. o Jim Ciciora, 54 Sedgefield Drive o Josh Morgan, 295 Highgrove Drive o Shawn Ypina, 55 Sedgefield Lane o Corey Burnett, 40 Sedgefield Lane o DeeDee Richardson 337 Highgrove Drive o Robben Kadish, 429 Highgrove Drive Seeing no one else move, Chairman McNeill closed the public hearing. Chairman McNeill clarified that the Planning Department requested this correction but he would prefer to leave it as is. Chairman McNeill moved to deny the requested rezoning saying he believes leaving the zoning as commercial will enhance the health and well -being of people living in community and will be more beneficial. Vice Chaiinian Hill seconded the motion which passed unanimously. Mr. Sauer presented the following report: • Harnett County Department of Public Health • Tax Department Account Receivable Report 2010/200 Harnett County Board of Commissioners January 24, 2011 Regular Meeting Minutes Page 13 of 14 Chairman McNeill called or any new business. Commissioner Burgin moved to instruct our benefits advisors to remove abortions as one of the benefits from the county health plan. He said he did not believe tax dollars should be used to pay for voluntary abortions. The motion was seconded by Commissioner House. Chairman McNeill said personally he thought it should be left as is and believes this is a personal decision between our employee, their God and our insurance carrier. Commissioner Burgin said because the county pays 100% of employee's benefits it is tax dollars used. The motion failed 3 to 2. Commissioner Burgin move to adopt a policy of no alcohol on county property and no alcohol purchased with county credit cards or funds. The motion was seconded by Commissioner House and passed unanimously. Commissioner Burgin asked the Planning Department to investigate electronic signage. Commissioner Burgin said he would like to publicly acknowledge and congratulate the Harnett County Board of Elections on the handling of the recent recount. Chairman McNeill offered a friend amendment that a resolution be drafted, adopted and presented to the staff. Commissioner House seconded the motion which passed unanimously. Commissioner Burgin questioned if the Board needed to revote on the Rebate Details Report approved at the December 6, 2010, meeting as it showed a rebate to Timothy B. McNeill. Mr. Wilder clarified that the rebate was to adjust our records for land use however no checks were issued. Mr. Snow said a revote was not needed. Vice Chairman Hill moved to adjourn the meeting at 9:19 pm. Commissioner Andrews seconded the motion which passed unanimp,1s1y ; =, cNeill, Chairman ret Regin eeler, Clerk Harnett County Board of Commissioners January 24, 2011 Regular Meeting Minutes Page 14of14 ATTACHMENT 1 A RESOLUTION OF APPRECIATION AND COMMENDATION TO ADRIENNE CORE THAT WHEREAS, ADRIENNE CORE currently reigns as Miss North Carolina 2010; that Adrienne is a native of Erwin, Harnett County, North Carolina, and she is the daughter of the late Charles Core and her mother, Beverly Core; and WHEREAS, Adrienne is a 2006 graduate of Triton High School and she has obtained an undergraduate degree with honors in Mathematics Education at North Carolina State University where she is currently working toward a Master of Science degree; and WHEREAS, Adrienne has exhibited her beauty, intelligence, dancing talent, communication skills, leadership qualities and public service goals as she has participated in and won various local scholarship pageants; that through her personal dedication and determination she won the Miss North Carolina Scholarship Pageant in June 2010; that Adrienne represented the State of North Carolina at the Miss America pageant in January 2011 in Las Vegas where she won her group's preliminary talent competition; and WHEREAS, during her reign as Miss North Carolina Adrienne Core has been and continues to be an excellent and graceful ambassador for the State of North Carolina; she is a positive role model for young people to emulate, and she has brought distinction and honor to her hometown Erwin and native Harnett County. NOW, THEREFORE, BE IT RESOLVED, by the Harnett County Board of Commissioners that Adrienne Core is hereby commended and honored on behalf of the proud citizens of Harnett County for her accomplishments and service as Miss North Carolina 2010. The Board does hereby express its heartfelt appreciation to Adrienne for her continued good work and its best wishes to her as she completes her reign as Miss North Carolina and goes forward in her future educational and lifetime endeavors. Adopted by the Harnett County Board of Commissioners in regular session, this 24th day of January 2011. HARNETT COUNTY BOARD OF COMMISSIONERS Timothy cNeill, Chair Dan B. Andrews House Jim Bur ATTACHMENT 2 RESOLUTIONS OF THE BOARD OF COMMISSIONERS OF HARNETT COUNTY NORTH CAROLINA The undersigned hereby certifies that the following resolutions were adopted by the Board of Commissioners of Harnett County, North Carolina ( "Board of Commissioners ") in a meeting duly convened and with a quorum present on January ,Pi, 2011. WHEREAS, on January 10, 2011, at a duly called meeting of the Board of Commissioners, the Board of Commissioners adopted certain resolutions ("January 10, 2011 Resolutions ") to implement that certain Memorandum of Understanding Relating to a Nonprofit Healthcare System for Harnett County dated August 10, 2005 ( "MOU "); WHEREAS, in furtherance of the terms and conditions of the MOU, the January 10, 2011 Resolutions adopted by the Board of Commissioners included adoption of the terms and conditions of an Agreement and Plan of Merger, which Agreement and Plan of Merger includes Amendments to the Amended and Restated Articles of Incorporation of Harnett Health System, Inc., as amended ( "Amended Articles of Incorporation "); WHEREAS, the WI us of the Amended Articles of Incorporation have been revised by Harnett Health System, Inc. ( "Revised Amended Articles of Incorporation ") since the adoption of the January 10, 2011 Resolutions; and WHEREAS, the Board of Commissioners deems it advisable and in the best interests of Harnett County to adopt the Revised Amended Articles of Incorporation substantially in the form attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED, that the Board of Commissioners hereby authorizes and adopts the Revised Amended Articles of Incorporation and directs the County Clerk to delete the Amended Articles of Incorporation adopted as part of the January 10, 2011 Resolutions and to substitute therefore the Revised Amended Articles of Incorporation hereby adopted. RESOLVED FURTHER, that all actions taken on or prior to the date hereof by any member of the Board of Commissioners or the County Manager in connection with the foregoing and the transactions contemplated thereby are adopted, approved, and ratified in all respects as the actions of the County effective as of the date such actions were taken. RESOLVED FURTHER, that the County Manager be, and hereby is, authorized and empowered, for and on behalf of Harnett County, to execute and deliver all such additional documents and to take all such additional actions as he determines to be appropriate or necessary in connection with the foregoing resolutions and the transactions contemplated thereby, the appropriateness or necessity thereof to be conclusively evidenced by the execution and delivery 20502 -3 657821 vi of such documents or the taking of such actions; and the County Manager be, and hereby is, authorized and directed to execute on behalf of the County, any and all documents that are deemed necessary or desirable to carry out the purposes of the foregoing resolutions. RESOLVED FURTHER, that the foregoing resolutions be adopted and shall be filed with the records of the County. The undersigned hereby certifies the foregoing to be a true, correct and complete copy of the Resolutions adopted by the Board of Commissioners on January, 2011. This, the ATTEST: day of January, 2011. 4/G. .1 At/ Coun , Clerk 20502 -3 657821 vl ( ; `i Chairman y B. McNeill the Board of Commissioners EXHIBIT A Amendments to the Amended and Restated Articles of Incorporation of Harnett Health System, Inc., as amended A. Article 3 of the Amended and Restated Articles of Incorporation of Harnett Health System, Inc., as amended (the "Articles "), is hereby amended by deleting the present text thereof in its entirety and substituting in its place the following: "3. The purposes for which the corporation is organized are: (a) To provide comprehensive, quality patient care, to facilitate the educational process in medicine in allied health, to provide equitable health care services to the total community served and to add and expand facilities and services so as to optimize access to health care for the residents of the community served; (b) To own, maintain and operate one or more institutions for the examination, diagnosis or treatment of patients or applicants, under the direction and supervision of skilled physicians and surgeons, said institution or institutions to be named appropriately by the Board of Trustees (each member of the Board of Trustees, a "Trustee ", and collectively, the "Board of Trustees ") of the corporation; (c) To provide an adequate nursing service for the patients of the institution or institutions, either with or without a school for the training of professional nurses; (d) To operate one or more institutions as branches of a single hospital which shall together be operated and maintained as a community general hospital, as such term is defined in Section 131E-6 of the General Statutes of North Carolina, providing the same or similar services as are provided by like community general hospitals in the State of North Carolina; (e) To appoint a single medical staff operating under a single medical provider number and with clinical privileges specific for each institution as may be deemed appropriate or desirable, composed of such physicians and surgeons as, in the judgment of the Board of Trustees, are properly qualified to conduct the professional work of the institution or institutions, and to promulgate rules governing the conduct of all physicians and surgeons who are permitted to practice in the institution or institutions; (f) To act exclusively for religious, charitable, educational and scientific purposes as set forth in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (or the corresponding provision of any future United States Internal Revenue Law) and to provide care to all persons, without regard to ability to pay; 20502 -3 657821 vl Exh. A -1 (g) Except as hereinbefore provided or limited, the corporation, in addition to the powers granted nonprofit corporations under the laws of the State of North Carolina, shall have full power and authority to receive gifts, devises and bequests of real, personal and mixed property; to purchase, lease, and otherwise acquire and hold, and to mortgage, convey, and otherwise dispose and contract to dispose of all kinds of property, real, personal and mixed, both in the State of North Carolina and in all other States, territories and dependencies of the United States; to borrow and to lend money and to negotiate loans; to draw, accept, endorse, discount, buy, sell, issue and deliver bills of exchange, promissory notes, bonds, coupons, or other negotiable instruments and securities; and generally to do any and all acts which may be deemed necessary or expedient for the proper and successful prosecution of the purposes hereinbefore set forth; and (h) To exercise any power which may be exercised and to carry on any lawful activity which may be carried on by a nonprofit corporation under Chapter 55A of the General Statutes of North Carolina. The corporation is a charitable or religious corporation within the meaning of Section 55A -1 -40 of Chapter 55A of the General Statutes of North Carolina. Notwithstanding any other provision of these articles of incorporation, the purposes for which the corporation are organized are exclusively religious, charitable, educational and scientific within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (or the corresponding provision of any future United States Internal Revenue Law)." B. Article 4 of the Articles is hereby amended by deleting the present text thereof in its entirety and substituting in its place the following: "4. The corporation shall not have members." C. Article 7 of the Articles is hereby amended by deleting the present text thereof in its entirety and substituting in its place the following: "7. The corporation shall be managed by the Board of Trustees. The number, manner, election or appointment and qualification and the term of Trustees shall be as set forth in the bylaws of the corporation and as set forth herein below: The Board of Trustees shall have thirteen (13) members, with seven (7) members being appointed (the "Appointed Members ") by the Harnett County Board of Commissioners (the "County ") from nominees submitted by the Board of Trustees. The Appointed Members shall include one (1) person from each of the five (5) County Commissioner Districts, and the remaining two (2) Appointed Members shall be residents of Harnett County. The County may reject any or all of the nominees that are submitted by the Board of Trustees and require the Board of Trustees to submit additional nominees. Six (6) members of the Board of Trustees (the "Elected Members ") shall be elected by the Board of Trustees which 20502 -3 657821 vl Exh. A -2 is subject to change per the terms and conditions of the Memorandum of Understanding Relating to a Nonprofit Health Care System for Harnett County, dated August 10, 2005 by and between Harnett County, North Carolina, the City of Dunn, North Carolina, the corporation, Betsy Johnson Hospital Authority and WakeMed. Trustees shall be appointed for three (3) year terms, with the terms of the initial Trustees to be staggered." D. Article 8 of the Articles is hereby amended by deleting the present text thereof in its entirety and substituting in its place the following: "8. No part of the net earnings of the corporation shall inure to the benefit of, or be distributable to its officers, Trustees or other private individuals, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered, to make payments and distributions in furtherance of the purposes set forth in Article 3 above and to reimburse reasonable expenses properly incurred on behalf of the corporation. No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or otherwise attempt to intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of these articles of incorporation, the corporation shall not carry on any activities not permitted to be carried on (a) by a corporation exempt from Federal Income Tax under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (or the corresponding provision of any future United States Internal Revenue Law) or (b) by a nonprofit corporation formed under Chapter 55A of the General Statutes of North Carolina." E. Article 9 of the Articles is hereby amended by deleting the present text thereof in its entirety and substituting in its place the following: "9. Upon the dissolution of the Corporation, the Board of Trustees shall, after paying or making provision for the payment of all liabilities of the Corporation, distribute the assets of the Corporation to Harnett County, North Carolina. In the event Harnett County, North Carolina is not able or refuses to accept the assets of the Corporation, the assets shall be distributed to one or more of the following as determined by the Board of Trustees: the United States, a state or a political subdivision of a state. Any such assets not so disposed of shall be disposed of by the Superior Court of the county in which the principal office of the Corporation is then located, exclusively for public, charitable, educational, religious or scientific purposes." F. The Articles are hereby further amended by adding the following new Article 10 at the end thereof: "10. To the fullest extent permitted by the North Carolina Nonprofit Corporation Act, and the North Carolina Business Corporation Act to the extent that it is applicable, and as it exists or may hereafter be amended, no person who is serving or who has served as a Trustee of the corporation shall be personally liable to the corporation for monetary 20502 -3 657821 vl Exh. A -3 damages for breach of duty as a Trustee. No amendment or repeal of this article, nor the adoption of any provision to these articles of incorporation inconsistent with this article, shall eliminate or reduce the protection granted herein with respect to any matter that occurred prior to such amendment, repeal or adoption." 20502 -3 657821 vl Exh. A -4