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041607m HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting April 16, 2007 The Harnett County Board of Commissioners met in regular session on Monday, April 16, 2007, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Teddy J. Byrd, Chairman Beatrice B. Hill, Vice Chairman Dan B. Andrews Tim McNeill Gary House 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 at 7:00 p.m. and Commissioner Andrews led the pledge of allegiance and prayer. Vice Chairman Hill moved to approve the agenda as published. Commissioner Andrews seconded the motion and it passed unanimously. Upon motion by Commissioner McNeill and seconded by Commissioner House, the Board unanimously approved the following items on the consent agenda: 1. Minutes: Special Meeting and Work Session, March 30, 2007 Regular Meeting, April 2, 2007 Special Meeting, April 13, 2007 (work session) 2. Budget amendments: 551 Scattered Site Housing II Capital Project (Fund 375-“CP0601”) Code 375-0000-389.13-00 Interfund Transfer Shawtown 1,503. increase 375-8375-465.85-06 Rehab of Privately Owned C-1 1,503. increase 368 Health Department (Fund 110-General) Code 110-7600-441.64-25 Books & Publications 606. decrease 110-0000-331.76-05 Health Promotion 606. decrease 369 Health (Fund 110-General) Code 110-7600-441.60-33 Materials & Supplies 457. increase 110-0000-353.76-04 Precepting Interns 457. increase 371 Nutrition for the Elderly (Fund 110-General) Code 110-7552-441.44-21 Building & Equipment Rent 5,000. increase 110-0000-399.00-00 Fund Balance Appropriated 5,000. increase 373 Youth Services One-On-One (Fund 110-General) Code 110-0000-353.09-00 Contributions & Donations 1-on-1 668. increase 110-7931-441.60-58 Participant Supplies 668. increase 377 Interfund Transfer (Fund 110-General) Code 110-8701-490.90-12 Interfund Transfer/Dunn-Erwin Trail 20,000. increase 110-0000-399.00-00 Fund Balance Appropriated 20,000. increase 378 Dunn Erwin Trail Capital Project (Fund 376-“CP0602”) Code 376-8307-465.90-10 Interfund Transfer-General Fund 20,000. increase 376-0000-389.10-00 Interfund Transfer-General Fund 20,000. increase 379 Health (Fund 10-General) Code 110-7600-441.41-11 Telecommunications & Postage 5,869. decrease 110-7600-441.74-74 Capital Outlay 5,869. increase 380 Social Services (Fund 110-General) Code 110-7700-441.41-11 Telecommunications & Postage 4,196. decrease 110-7700-441.74-74 Capital Outlay 4,196. increase 384 Board of Elections (Fund 110-General) Code 110-4300-410.60-33 Materials & Supplies 10,223. increase 110-0000-331.43-01 Help America Vote 10,223. increase 386 Top Notch Teachers (Fund 110-General) Code 110-7317-465.35-01 Stipends/Bonuses 27,300. increase 110-0000-334.73-17 Top Notch Teachers 27,300. increase 3. Tax refund: Barry Reid Gregory, 3583 NC 55 W, Angier bill # 0001278625-2006-2005-000000 total $12.45 (correction in Situs) 4. Resolution to add road to state system (Olive Farm Drive) (Attachment 1) 5. Refund of Animal Control fees for Terri and Jerry Wayne Godwin for adoption fee ($20) and veterinarian costs ($79.80). The veterinarian discovered that the dog had active heartworms since 2005 according to its records. In the future, Animal Control will allow a person interested in adopting a dog to have a veterinarian review submitted records for problems prior to the adoption. 6. Authorization for Cooperative Extension to submit an application to the Governor’s Crime Commission for the Teens As Parents program. This is a 2-year grant with the st requested 1 year amount of $101,059.13, with no match required, although the total operating budget is $130,745.50 with a shortfall of $33,686.36. The second year request is for $102,334.13 with an operating budget of $136,445.50. The Board authorized application with match requirement to be considered in the upcoming budget process. 7. Authorization for Emergency Services to submit an application for the 2007 Pandemic Flu Grant in the amount of $22,972.00. This is a reimbursable grant. The grant is meant to supplement SMAT III teams throughout the state in case of a Pandemic Flu outbreak. The funds will be used to purchase thirty respirators for the SMAT III team. It could also be used for other events, such as chemical spills. No matching funds are required. 8. Resolution allowing Richmond County to join the Southeastern Economic Development Commission. (Attachment 2) 9. Authorization for the Sheriff’s Department to accept $3,000 from UNC – Chapel Hill to purchase equipment or supplies to be used in the Teen Driver Safety Program. 10. County Management Records Retention and Disposition Schedule updated by the State April 1, 2006. The schedule denotes which local government (excluding Health Department and Department of Social Services) records may be destroyed after the records have no further use or value for official business, research, or reference purposes. It specifies the time periods these records must be retained. This schedule is to remain in effect from the date of approval until it is reviewed and updated. 11. Write-off of Emergency Medical Services delinquent accounts in the amount of $10,832.65. The accounts are delinquent because the patients are now deceased or the time has lapsed for filing for benefits. In the informal comments portion of the meeting, Floyd Hein expressed his concerns with issues regarding Public Utilities right of way for placement of sewer line in Twin Lakes subdivision. Kenneth Godwin expressed concerns with Public Utilities policies regarding water customers with no apparent conflict resolution policy. Amy Driggers, requested a moratorium on all commercial development in Stewart’s Creek Township. She has turned in a petition to the Planning Department regarding this matter. Commissioner Andrews moved to appoint Juanita Hudson to the Historic Properties Commission for a term to expire January 31, 2009. Commissioner McNeill seconded the motion and it passed unanimously. Mrs. Hudson was nominated by Chairman Byrd. Chairman Byrd called to order a public hearing on proposed election of alcohol sales. Mr. Emory explained that the issue is whether the Harnett County Board of Commissioners should call for an election on alcohol sales in Upper Little River, Johnsonville and Anderson Creek Townships. Issues to be considered for these townships include whether to call for an election to permit the “on-premises” and/or “off- premises” sale of malt beverages, whether to call for an election to permit the “on- premises” and/or “off-premises” sale of fortified wine, and whether to call for an election to permit the sale of mixed beverages in hotels, restaurants, private clubs, community theatres, and convention centers. Chairman Byrd opened the meeting for comments from the public. Comments were received from the following: 1. Jerry parsons, 275 Holly Springs Rd, Broadway against 2. Frederick M. Shipley, Anderson Creek against 3. Andrew S. Ruhland, President, W. Harnett Chamber of Commerce for 4. Mike Rogers, Vice Ch., WH Chamber of Commerce – Econ. Dev. for 5. Gary Shaffer, 33 Key Lane, Lillington for 6. Billy Wellons, 406 Overton Place, Fayetteville for 7. Cathy Anderson, Anderson Creek area for 8. Eddie Byrd, Seminole Mart, Hwy. 421 for 9. Murial Dean, store owner, Hwy. 27 for There being no further comments, Chairman Byrd closed the public hearing. Commissioner McNeill moved to adopt a resolution requesting that the Board of Elections conduct elections on malt beverage and unfortified wine propositions in Anderson Creek, Johnsonville and Upper Little River Township. Commissioner House seconded the motion and it passed 3 to 2 with Chairman Byrd and Commissioner Andrews casting the dissenting votes. (Attachment 3) Michael Watson, Director, Sandhills Mental Health Center, noted that the Center’s Harnett County General Budget request is the same as this year, $199,679.00. Mr. Watson presented the Local Business Plan/Crisis Services Plan for the Board’s consideration. Commissioner McNeill moved to approve the plan as presented. Commissioner Andrews seconded the motion and it passed unanimously. Christi Barthelme, Planner, presented a zoning change request: landowner-Lillie M. Harris, from Commercial and RA-20M (split) to RA-20M for entire tract, 13939 Hwy 210S, Anderson Creek township, 20.9 total acres (14.26 zoned commercial). The Planning Board voted unanimously to recommend approval of the request. Chairman Byrd called to order a public hearing regarding the requested zoning change and opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Commissioner McNeill moved to approve the zoning change request for Lillie M. Harris as presented. Vice Chairman Hill seconded the motion and it passed unanimously. Christi Barthelme, Planner, presented a zoning change request: landowner-J. Michael McLeod, Maxine McLeod and Stephanie M. Smith, applicant-Wayne T. Barbour, from RA-30 and Commercial (split zoned) to Commercial, SR 1805 Weeks Road, 15.65 acres, Averasboro Township. The Planning Board voted unanimously to recommend approval of the request. Chairman Byrd called to order a public hearing regarding the requested zoning change and opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Commissioner House moved to approve the zoning change request for J. Michael McLeod, Maxine McLeod and Stephanie M. Smith as presented. Commissioner McNeill seconded the motion and it passed unanimously. Christi Barthelme, Planner, presented a zoning change request: landowner-Robert C. Senter, applicant-Adkins, Denton & Stafkey, LLC, from RA-40 to Commercial, 8.3 acres, Hwy 401, Hector’s Creek Township. The Planning Board voted unanimously to recommend denial of the zoning change request based on site not being contiguous to any existing Commercial zoning. Chairman Byrd called to order a public hearing regarding the requested zoning change and opened the meeting for comments from the public. Comments were received from Gary Adkins, applicant. There being no further comments, Chairman Byrd closed the public hearing. Commissioner Andrews stated he had heard no opposition in the community and that it would be compatible with the County’s comprehensive plan. Commissioner McNeill noted that 8 acres is not a small tract. Commissioner Andrews moved to approve the zoning change request for Robert C. Senter as presented. Vice Chairman Hill seconded the motion and it passed unanimously. Joseph Jeffries, Planning Director, explained proposed text amendments relating to the Compatibility Development Regulations. Public hearings were held, as noted below, on the various ordinances that will be affected by the text amendments. Chairman Byrd called to order a public hearing on the proposed text amendment to the Water Supply Watershed Management and Protection Ordinance, Article 200, Section 202.A. The proposal would increase the number of dwelling units permitted in specified Watershed Districts from two to three units per acre. This would allow for the implementation of the Compatibility Design Concept. The Planning Board voted unanimously to recommend approval the proposed text amendment. Chairman Byrd opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Chairman Byrd called to order a public hearing on the proposed text amendment to the Subdivision Ordinance, Article V, Design Standards, Sections 5.12-5.15. The proposed revisions pertain to requirements for recreation, open space, sidewalks, curb & gutter and street trees. The Planning Board voted unanimously to recommend approval of the proposed text amendment. Chairman Byrd opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Chairman Byrd called to order a public hearing on the proposed text amendment to the Zoning Ordinance, Article VI, Zoning Districts and Regulations, Sections 4.0-7.0, 10.0. The proposed revisions create a new manner in which residential developments will be evaluated by using a Compatibility Design Concept thereby creating quality developments. Dimensional requirements for lot design will be determined by the Zoning District, Land use Plan and the amount of open space. The Planning Board voted unanimously to recommend approval for the proposed text amendment. Chairman Byrd opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Chairman Byrd called to order a public hearing on the proposed text amendments to the Zoning Ordinance, Article X, Planned Unit Development, Sections 1.0-4.0. The proposed revision removes text regarding design standards for Planned Unit Developments and makes reference to “Design Standards” found in the Harnett County Subdivision Ordinance. Proposed changes pertain to design standards, open space requirements, sidewalks, curb and gutter and street trees. The proposed changes also deletes reference to Planning Board approval of subdivision maps and replaces it with Development Review Board (DRB). The Planning Board voted unanimously to recommend approval of the proposed text amendments. Chairman Byrd opened the meeting for comments from the public. General comments and questions regarding all of the proposed text amendments were received from the following: 1. Mickey Bennett, surveyor 2. Wayne Maudin, surveyor 3. Joe Godwin, Enoch Engineers 4. Billy Wellons, developer There being no further comments, Chairman Byrd closed the public hearing. Commissioner McNeill moved that consideration of all four of the above text st amendments be tabled until the May 21 Board meeting. Vice Chairman Hill seconded the motion and it passed unanimously. Joseph Jeffries, Planning Director, presented a proposed text amendment to the Zoning Ordinance, Article XIV, Changes and Amendments, Section 3.1. The proposal removes the requirement of applicants to provide stamped, self addressed envelopes for adjoining property owners when requesting a zoning change. The Planning Department now has the technology to provide this information through the GIS system. The Planning Board voted unanimously to recommend approval of the amendment. Chairman Byrd called to order a public hearing on the matter and opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Commissioner McNeill moved to adopt a resolution approving the text amendment as presented. Commissioner Andrews seconded the motion and it passed unanimously. (Attachment 4) Neil Emory, County Manager, noted that financing of the jail project requires that the County release a portion of the property currently committed to the courthouse financing. This will involve a small corner of the property just behind the courthouse which will be added to the property pledged for the jail project. Mr. Emory presented a resolution prepared by bond council, authorizing this release for the Board’s consideration. Vice Chairman Hill moved to adopt the resolution. Commissioner Andrews seconded the motion and it passed unanimously. (Attachment 5) Departmental reports were filed with the Board from the Health Department, Veteran’s Service, Animal Control and Finance Department. (Attachment 6) In the County Manager’s report, Mr. Emory reminded the Board of an upcoming agriculture forum to be held in Johnston County. There being no further business, Commissioner Andrews moved to adjourn. Commissioner McNeill seconded the motion and it passed unanimously. The Harnett County Board of Commissioners regular meeting, April 16, 2007, adjourned at 8:45 p.m. _________________________________ Teddy J. Byrd, Chairman _________________________________ Kay S. Blanchard, Clerk to the Board Attachment 1. Attachment 2. Attachment 3. Attachment 4. Attachment 5. Attachment 6. See following page.