011315ssmHARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Special Session
January 13, 2015
The Harnett County Board of Commissioners met in special session on Tuesday, January 13,
2015, in the Commissioners Meeting Room, County Administration Building, 102 East Front
Street, Lillington, North Carolina.
Members present:
Staff present:
Jim Burgin, Chairman
Gordon Springle, Vice Chairman
Abe Elmore, Commissioner
Barbara McKoy, Commissioner
Joe Miller, Commissioner
Joseph Jeffries, Interim County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
Chairman Burgin called the meeting to order at 9:00 am. Commissioner Elmore led the pledge
of allegiance and invocation. The following agenda was before commissioners:
1) Noise Ordinance Discussion
2) Barring off 2003 and 2004 taxes
3) 2015 PARTF Grant Application for the Governmental Complex Park
4) Public Utility Project Updates
5) County Manager's Report:
- Discussion regarding non-profit requests for funding
- NCACC Request for Federal Legislative Priorities
- January 20"' Regular Meeting Agenda Review
6) Closed Session
Sheriff Larry Rollins, Mark Locklear and Randy Baker discussed the Harnett County Noise Ordinance in
response to an issue recently raised by commissioners regarding the decimal levels for day verses night.
Mr. Locklear reviewed staff's research in developing the noise ordinance. Mr. Locklear noted the five (5)
decimal level difference is common among other noise ordinances researched. Staff reiterated that the
ordinance includes maximum permitted sound levels for continuous sound generated for 1) residential
use, 2) commercial or business uses, and 3) manufacturing, industrial or agricultural uses. He said the
noise ordinance encompasses the nuisance side of a noise issue as well as the land use side.
January 13, 2015 Special Session Minutes
Harnett County Board of Commissioners
Page 1 of 3
Mr. Locklear said he believes there is a little misunderstanding on what should be used when it comes to
the enforcement side of the ordinance. Planning Services staff noted that when they drafted the noise
ordinance they intended the noise level limits (decimal levels) to be used more for the land use activities
and not for situations where you have a dispute between quarrelling neighbors which is a nuisance.
Mr. Locklear referenced a study done by the Institute of Government where they talked about deficiencies
in using decimal meters as a means of enforcement, especially given the many variables. Also included
in the noise ordinance is "Penetration" which is a method of measurement which shall be used to verify if
noise is being forced into a structure and minimizes the expectation of having freedom from disturbance.
Regarding penetration, the ordinance states "Noise levels may be measured by the detection of sound
within an enclosed area that was generated outside of the enclosed area and measurements of this nature
may be performed by any designee of the Harnett County Sheriffs Office with ordinary sensibilities that
can detect plainly audible noise".
Commissioner Miller expressed concern over the amount of tax dollars wasted over neighbor disputes.
Sheriff Rollins responded that they cannot charge for nuisance calls. Mr. Baker said they can educate
these individuals regarding the noise ordinance because they need to understand how this ordinance is
going to be enforced. Chairman Burgin mentioned issues dealing with refrigerated trucks outside of
Angier. Staff reported that the current noise ordinance is in-line with the County's Unified Development
Ordinance (UDO).
Planning staff noted the upcoming public hearing for the Firearms Discharge Ordinance and
shared all areas of concern. Discussion continued. Mr. Locklear also mentioned the upcoming
kickoff for the Land Design Growth Study.
Tax Administrator Keith Faulkner reviewed the Tax Department's request of barring off 2003 and 2004
taxes.
Parks and Recreation Director Carl Davis talked about the 2015 PARTF Grant Application for the
Governmental Complex Park.
Public Utilities Director Steve Ward provided Public Utility Project Updates.
Mr. Jeffries led the discussion regarding non-profit requests for funding and NCACC Request for Federal
Legislative Priorities. He also reviewed the draft January 20th regular meeting agenda.
Commissioner McKoy moved that the Board go into closed session to consult with the County Attorney
in order to preserve the attorney-client privilege concerning the handling of certain claim. This motion is
made pursuant to N.C. General Statute Section 143-318.11(a)(3). Vice Chairman Springle seconded the
motion which passed unanimously.
Commissioner Miller moved that the Board come out of closed session. Commissioner Elmore seconded
the motion which passed unanimously.
January 13, 2015 Special Session Minutes
Harnett County Board of Commissioners
Page 2 of 3
Commissioner Elmore moved to adjourn the meeting at 12:36 pm. Commissioner Miller seconded the
motion which passed unanimously. MMisSi
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January 13, 2015 Special Session Minutes
Harnett County Board of Commissioners
Page 3 of 3