Harnett County, North Carolina



HARNETT COUNTY BOARD OF COMMISSIONERS

Minutes of Regular Meeting

February 20, 2012

The Harnett County Board of Commissioners met in regular session on Monday, February 20, 2012, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina.

Members present: Timothy B. McNeill, Chairman

Beatrice B. Hill, Vice Chairman

Dan B. Andrews, Commissioner

Gary House, Commissioner

Jim Burgin, Commissioner

Staff present: Scott Sauer, County Manager

Tony Wilder, Deputy County Manager

Dwight Snow, County Attorney

Sylvia Blinson, Finance Officer

Margaret Regina Wheeler, Clerk to the Board

Chairman McNeill called the meeting to order at 7:00 pm. Vice Chairman Hill led the pledge of allegiance and invocation.

Chairman McNeill called for additions and deletions to the published agenda. Commissioner Andrews moved to approve the agenda as published. Commissioner Burgin seconded the motion which passed unanimously.

Regarding a budget amendment for Solid Waste in the amount of $8,300 to purchase a road tractor; Commissioner Burgin questioned if the old road tractor was insured which it was not. Commissioner Burgin then asked staff to research the last time a physical inventory was completed of all county vehicles.

Both Commissioners Burgin and House commented regarding the request for approval of an agreement with NC DOT to receive $200,000 in funding for the construction of Crested Iris Drive in the Brightwater Science and Technology Campus. Commissioner Burgin recommended requesting the developer to reduce the recent $800,000 land release amount by $200,000 and said the Harnett Forward Together Committee was not mentioned in lease agreement making the county completely responsible.

Commissioner Andrews moved to approve the items on the consent agenda. Vice Chairman Hill seconded the motion and the Board unanimously approved the following items on the consent agenda:

1. Minutes: February 6, 2012 Regular Meeting

2. Budget Amendments

226 Health Department

Code 110-7510-441.32-10 Recognition 182 increase

110-0000-353.77-01 United Way 182 increase

227 Health Department

Code 110-7600-441.60-45 Drugs 2,240 increase

110-0000-331.76-12 Family Planning 2,240 increase

230 Register of Deeds

Code 110-4800-410.35-42 Cultural Resources 16,133 decrease

110-4800-410.35-43 State General Fund 61,753 increase

110-0000-389.48-02 Interfund Transfer –

Floodplain Mapping Fund 12,753 increase

110-0000-322.40-06 Deed of Trust (HB 384) 32,900 increase

231 Register of Deeds, Floodplain Mapping Fund

Code 232-4800-410.35-19 Floodplain Mapping 12,720 decrease

232-4800-410.90-10 Interfund Transfer- General Fund 12,720 increase

232 General Services - Solid Waste

Code 580-6600-461.43-16 Repair/Main Equipment 8,300 decrease

580-6600-461.74-74 Capital Outlay Equipment 8,300 increase

233 Cooperative Extension – Child Care Resource & Referral Program

Code 110-7306-465.60-33 Materials & Supplies 500 increase

110-7306-465.41-11 Postage 500 increase

110-0000-353- Contribution for CCR&R 1,000 increase

3. Emergency Services requested permission to apply for the 2012 Emergency Management Grant. This is a federal grant administered by the state that is available to local governments to assist in the cost of developing and maintaining a comprehensive emergency management program. These are funds that are received annually and are included as part of their operating budget.

4. Economic Development requested approval of resolution in support of Dunn’s application for an Agrarian Zone in Census Tracts 701 and 702. (Attachment 1)

5. Planning Services requested the approval of a Capital Project Ordinance for the purpose of conducting the Abandoned Manufactured Home Program (AMPI). The financial amount requested for appropriation in the Project Ordinance is $37,500. Reimbursement funding shall be received from the N.C. Department of Environment and Natural Resources.

6. Planning Services requested the approval and acceptance of the Abandoned Manufactured Home Grant Contact #4489. This grant contract is from the Division of Environmental Assistance & Outreach for the amount of $37,500. This grant does not require any match from the county.

7. Cooperative Extension requested permission to accept a $1,000 donation from Ms. Jacquelin S. Montgomery to the Harnett County Child Care Resource and Referral Agency (CCR&R). Mr. Montgomery’s donation would require that these funds be used only by the CCR&R and at the discretion of their staff.

8. Resolution to Reschedule the March 5, 2012 Regular Meeting of the Harnett County Board of Commissioners to Tuesday, March 6, 2012 at 9:00 am. (Attachment 2)

9. Proclamation Celebrating 100 years of Girl Scouting and proclaiming March 11 – 17, 2012, as Girl Scout Week in Harnett County.

10. County Engineer requested approval of agreement with NC DOT to receive $200,000 in funding for the construction of Crested Iris Drive in the Brightwater Science and Technology Campus.

Chairman McNeill opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes.

- Dot Elhers, Executive Director of the HALT Program, requested the Board consider allocating $12,500 to the HALT Program which was half of their FY 2011/2012 request from the county.

Commissioner Burgin moved to approve the appointments listed below. Commissioner Andrews seconded the motion which passed unanimously.

BOARD OF EQUALIZATION AND REVIEW

Robert E. Doberstein, Joe Miriello, Thomas Moore, Howard Penny Jr. and Carnell N. Robinson (nominated by Commissioner Andrews) were reappointed to serve on this board for an additional term of one year ending February 28, 2013.

HARNETT COUNTY COUNCIL FOR WOMEN

Karen Horton (nominated by Commissioner House) was appointed to serve on this council for a term of three years ending February 28, 2015.

Mark Locklear, Planning Manager, petitioned the board for a public hearing regarding a Proposed Zoning Change, Owner of Record/Applicant: Kasdy A. Dawoud: From RA-20R to Commercial Zoning, 6.78 +/- acres, Hwy 401 S, McNeill Hobbs Road, Stewart’s Creek.

Mr. Locklear reported this site is currently undeveloped with surrounding land uses consisting of single family residential, a church and vacant land. On August 10, 2009 this property went through the conditional use process for a Convenient Store and a Professional Office. The Board of Adjustment unanimously approved the application. A public hearing was held by the Planning Board on Monday, February 6, 2012. Planning staff recommended approval of the request. Several Adjoining property owners spoke in opposition to the request. Board Members analyzed criteria for “Small Scale Rezoning” and voted unanimously that the request was reasonable. The Planning Board unanimously voted to recommend that the County Commissioners approve the request based upon favorable findings.

Staff Evaluation:

- 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 requested zoning district is compatible with the surrounding land uses and should have no unreasonable impact on the adjacent property owners or the surrounding community.

- The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The existing Land Use Classification for this site is a Rural Development Node. This use is intended to promote the development of business and institutional uses with a neighborhood setting and also may include small lot residential and multifamily development. The proposed Commercial Zoning is compatible with the existing land use classification.

- The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning district is compatible with the general vicinity of the site due to the nature of current surrounding land uses.

- The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: This site is not adjacent to any existing commercial zoning and therefore should be evaluated for a small scale rezoning request.

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.

Mr. Locklear reiterated that the property had already received a conditional use permit for a Convenient Store and a Professional Office but Mr. Dawoud is unable to start the project by the November 2012 site plan deadline when his permits would expire. This rezoning would allow Mr. Dawoud to move forward with his proposed business without time restrictions. Mr. Locklear said the ordinance doesn’t allow for extensions and requires a vested interest; meaning

a substantial amount toward the construction of the building, by the deadline.

Commissioners questioned what types of businesses would be allowed on the property if rezoned commercial. Mr. Locklear responded options could included facilities such as a daycare facility (adult, childcare and in-home), educational services, learning center, trade school, teller machine, bank, all health services, hospitals, public services, social institutions, bar and tavern, entertainment venue or restaurant with conditions, hotel or motel, offices, governmental offices, laundry mat, massage and body works therapy practice, personal service establishment, athletic fields, indoor health and training facility, indoor recreational facility, indoor shooting range, convenient store, grocery stores, flea market, rummage sales with conditions, nursery, retail, retail sales, shopping center, auto repair facility, car wash, parking lot, vehicle sales and leasing/rental, recycling center, light manufacturing, mini-warehouses, etc.

Vice Chairman Hill stated she was concerned about this project being rezoned as commercial and surrounding residents, many who are senior citizens, are concerned about what is happening to their neighborhood.

Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public.

- Mr. Kasdy Dawoud, the applicant, spoke in favor of his request. Mr. Kasdy Dawoud said the revolution in Egypt, where he has family members living, has delayed his plans. He said due to the ongoing political uncertainty he must protect his family before he can direct more fund to this project. Mr. Dawoud said it took a really long time to work with NC DOT to get his plans approved. He noted he is giving approximately one and one-half acres of his land to widen Hwy 401 and McNeill Hobbs Road. He said has already spent about $35,000 on this project and he does not understand why some people have a problem with his proposed convenient store.

- Mr. Gary Sutton of Bunnlevel, spoke against the proposed rezoning. He said he and others are concerned that Mr. Dawoud or any one he might sale the land to would be able to open any kind of business on the property if rezoned.

Seeing no one else move, Chairman McNeill closed the public hearing.

Commissioner House disclosed that Mr. Dawoud gives commissioners gifts (edible gift baskets) at Christmas each year which Commissioner House immediately turns over to the county to donate. Commissioner House told Mr. Dawoud that he realizes there is lots of uncertainty in Egypt but there is lot of uncertainty in Bunnlevel also and where he supports the project he sees no reason why the project cannot move forward as planned.

Mr. Kasdy offered, to reassure the commissioners and citizens of his intent, a promissory note stating if the property is rezoned and he fails with the intended project he would then give the land to the County. Attorney Dwight Snow said that was not an option as it is considered contact zoning and is illegal.

Vice Chairman Hill moved to table the zoning request so staff could research other options for Mr. Dawoud. Commissioner Andrews seconded the motion which passed unanimously.

Mr. Sauer presented the following report:

• Public Health January Activities Report

• January Landfill Billing

• Community Child Protection Team (CCPT) of Harnett County’s Annual Report

Mr. Sauer reminded the group of their upcoming planning retreat scheduled for Thursday, February 23, 2012 at Raven Rock State Park.

Chairman McNeill called for any new business. Commissioner Burgin moved to give S.A.F.E. $10,001 noting taxes were up $345,000 for the year. Commissioner House seconded the motion which failed 3 to 2.

Commissioner Burgin requested discussion of a policy regarding county owned vehicles at the next work session.

Commissioner Burgin moved to pass a resolution supporting an amendment to the state constitution that would define marriage as being between one man and one woman. Commissioner House seconded the motion which failed 3 to 2.

Commissioner Andrews moved to adjourn the meeting at 7:40 pm. Commissioner Hill seconded the motion which passed unanimously.

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Timothy B. McNeill, Chairman Margaret Regina Wheeler, Clerk

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