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HARNETT COUNTY BOARD OF COMMISSIONERS

Minutes of Regular Meeting

June 20, 2016

The Harnett County Board of Commissioners met in regular session on Monday, June 20, 2016, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina.

Members present: Jim Burgin, Chairman

Gordon Springle, Vice Chairman

Abe Elmore, Commissioner

Barbara McKoy, Commissioner

Joe Miller, Commissioner

Staff present: Joseph Jeffries, County Manager

Paula Stewart, Deputy County Manager

Dwight Snow, County Attorney

Kimberly Honeycutt, Finance Officer

Margaret Regina Wheeler, Clerk

Chairman Burgin called the meeting to order at 7:00 pm. Members of the Harnett County Veterans Council led the Pledge of Allegiance. Commissioner Elmore led the invocation.

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

Commissioner Elmore moved to approve the following items listed on the consent agenda. Commissioner Miller seconded the motion which passed unanimously.

1. Minutes: June 6, 2016 Regular Meeting

2. Budget Amendments:

442 Health Department

Code 110-7600-441.32-77 Credit Card Processing fee 44 increase

110-7600-441.32-77 Food & Lodging 44 increase

445 EMS Department

Code 110-5400-420.11-05 Salaries/Wages 20,000 decrease

110-5400-420.11-14 Longevity 567 decrease

110-5400-420.23-00 Regular Retirement 25,000 decrease

110-5400-420.26-08 Workers Comp 90,000 decrease

110-5400-420.33-45 Contracted Services 1,031 decrease

110-5400-420.60-31 Gas 17,000 decrease

445 EMS Department continued

Code 110-5400-420.60-33 Materials & Supplies 898 decrease

110-5400-420.74-74 Capital Outlay 12,000 decrease

110-5401-420.11-05 Salaries & Wages 18,000 decrease

110-5401-420.26-08 Workers Compensation 20,000 decrease

110-5401-420.33-45 Contracted Services 204 decrease

110-5401-420.60-31 Gas 21,000 decrease

110-5300-420.11-00 Salaries & Wages 22,000 decrease

110-5300-420.11-05 Salaries overtime 12,000 decrease

110-5300-420.11-06 Comp Time Payout 1,000 decrease

110-5300-420.11-14 Longevity 2,719 decrease

110-5300-420.21-01 Retirees Insurance 1,000 decrease

110-5300-420.21-05 Employee Clinic 1,000 decrease

110-5300-420.22-00 FICA Tax Expense 4,000 decrease

110-5300-420.23-00 Regular Retirement 4,000 decrease

110-5300-420.23-01 Supplemental Retirement 4,800 decrease

110-5300-420.26-08 Workers Compensation 6,011 decrease

110-5400-420.11-00 Salaries & Wages 195,000 increase

110-5400-420.12-00 Salaries- part time 8,500 increase

110-5401-420.11-00 Salaries & Wages 25,000 increase

110-5401-420.12-00 Salaries- part time 51,230 increase

110-5401-420.22-00 FICA Tax & Expense 4,500 increase

446 Public Utilities Campbell Osteopathic Project PU1202

544-9100-431.46-01 Residual Equity 890 increase

544-0000-314.50-00 Sales Tax 890 increase

448 General Fund

110-4155-410.12-00 Legal Services Part time 834 increase

110-4155-410.23-00 Legal Services Retirement 834 decrease

110-4300-410.11-13 Board of Elections Vacation 93 increase

110-4300-410.11-14 Board of Elections Longevity 18 increase

110-4300-410.11-00 Board Of Elections Salaries & Wages 111 increase

110-4500-410.11-14 Tax Longevity 2402 increase

110-4500-410.11-00 Tax Salaries & Wages 2402 decrease

110-4610-410.11-14 Fleet Management Longevity 31 increase

110-4610-410.23-00 Fleet Maintenance Retirement 31 decrease

110-4650-410.11-05 Transportation Overtime 144 increase

110-4650-410.11-06 Transportation Comp Time Payout 736 increase

110-4650-410.11-13 Transportation Vacation Payout 2,083 increase

110-4650-410.23-00 Transportation Retirement 2,963 decrease

110-4651-410.11-06 Transportation Admin Comp time payout 743 increase

110-4651-410.11-13 Transportation Admin Vacation Payout 2,815 increase

110-4651-410.11-14 Transportation Salaries & Wages 5 increase

110-4900-410.11-00 IT Comp Time Payout 100 increase

448 General Fund continued

Code 110-4900-410.11-06 IT Salaries & Wages 100 decrease

110-7300-465.11-06 Coop Ext. Comp time payout 544 increase

110-7300-465.11-13 Coop Ext. Vacation payout 3,099 increase

110-7300-465.11-14 Coop Ext. Longevity 1 increase

110-7300-465.11-00 Coop Ext. Salaries & Wages 3,644 decrease

110-7550-441.11-13 Aging CAP Vacation Payout 5,146 increase

110-7550-441.11-00 Aging CAP Salaries & Wages 5,146 decrease

110-7600-441.11-06 Health Comp Time Payout 35 increase

110-7600-441.11-00 Health Salaries & Wages 35 increase

110-8100-450.11-06 Library Comp Time Payout 71 increase

110-8100-450.11-13 Library Vacation Payout 3,644 increase

110-8100-450.21-01 Library Group Insurance Retirees 1,186 increase

110-8100-450.21-01 Library Salaries & Wages 4,851 decrease

110-8200-450.11-14 Parks & Rec Longevity 3 increase

110-8200-450.11-00 Parks & Rec Salaries & Wages 3 decrease

449 General Fund

110-8701-490.90-05 Interfund Transfers Capital Reserve 1,862,112 increase

110-5400-420.30-04 EMS Professional Services 52,510 increase

110-0000-313.30-09 NC Sales Tax Medical Hold Harmless 1,339,321 increase

110-0000-347.54-02 Medicaid Settlement EMS 575,301 increase

450 Qualified School Construction Bond Project CP 1601

334-8300-480.32-74 Lafayette Elementary School 12,199 decrease

334-8300-480.32-97 Western Harnett Middle School 11,337 decrease

334-8300-480.32-66 Harnett Central Middle 11,337 decrease

334-0000-361.50-00 Interest Earned 34,873 decrease

451 General Fund

110-4100-410.11-01 BOC Salaries & Wages 2,095 increase

110-4100-410.22-00 BOC FICA 68 increase

110-4100-410.25-10 BOC Unemployment 22 increase

110-4150-410.11-00 Admin Salaries & Wages 30,454 increase

110-4150-410.11-06 Admin Comp Time Payout 2,160 increase

110-4150-410.11-14 Admin Longevity 26 increase

110-4150-410.22-00 Admin FICA 4,436 increase

110-4150-410.23-00 Admin Retirement 1,051 increase

110-4150-410.25-10 Admin Unemployment 410 increase

110-4155-410.11-00 Legal Salaries & Wages 928 increase

110-4155-410.22-00 Legal FICA 209 increase

110-4155-410.25-10 Legal Unemployment 31 increase

110-4610-410.11-00 Fleet Maintenance Salaries & Wages 334 increase

110-4610-410.25-10 Fleet Maintenance Unemployment 14 increase

110-4650-410.11-00 Transportation Salaries & Wages 14,080 increase

451 General Fund continued

Code 110-4700-410.11-00 Facilities Maintenance Salaries 2,235 increase

110-4800-410.25-10 Register of Deeds Salaries & Wages 2,005 increase

110-4800-410.25-10 Register of Deeds Unemployment 21 increase

110-5400-420.11-00 EMS Salaries & Wages 100,000 increase

110-6700-429.11-00 Soil & Water Salaries & Wages 1,092 increase

110-6700-429.25-10 Soil & Water Unemployment 12 increase

110-7100-465.11-00 Industrial Development Salaries & Wages 465 increase

110-7100-465.25-10 Industrial Development Unemployment 5 increase

110-7210-465.11-00 Abandoned MFG Home Salaries & Wages 122 increase

110-7210-465.25-10 Abandoned MFG Home Unemployment 5 increase

110-7500-441.11-00 Dept. of Aging Salaries & Wages 890 increase

110-7500-441.25-10 Dept. of Aging Unemployment 9 increase

110-7501-441.11-00 Family Caregiver Support Salaries & Wages 338 increase

110-7501-441.25-10 Family Caregiver Unemployment 4 increase

110-7510-441.11-00 RSVP Salaries & Wages 427 increase

110-7510-441.25-10 RSVP Unemployment 5 increase

110-7552-441.11-00 Nutrition- Salary & Wages 392 increase

110-7552-441.25-10 Nutrition- Unemployment 11 increase

110-7800-441.11-00 Veterans Salaries & Wages 1,123 increase

110-7800-441.25-10 Veterans Unemployment 12 increase

110-7930-441.11-00 Restitution Salaries & Wages 943 increase

110-8800-490.32-16 Contingency 166,434 decrease

454 General Fund, Sheriff’s Campbell Deputies

110-5101-420.11-00 Salaries & Wages Full Time 4,000 increase

110-5101-420.60-31 Gas 4,000 increase

456 Sheriff Department SRO positions

110-5115-420.11-00 Salaries & Wages 6,500 increase

110-5115-420.11-13 Salaries & Wages Vacation payout 284 increase

110-5115-420.22-00 FICA Tax Expense 534 increase

110-5115-420.23-02 LEO Retirement 558 increase

110-5115-420.23-05 LEO Supplemental Retirement 339 increase

110-5115-420-60-33 Materials & Supplies 8,215 increase

458 Sheriff’s Department, Communication

110-5110-420.11-05 Salaries & Wages overtime 100 increase

110-5110-420.11-00 Salaries & Wages Holiday payout 277 increase

110-5110-420.11-13 Salaries & Wages vacation payout 3,248 increase

110-5110-420.12-00 Salaries & Wages part time 2,400 increase

110-5110-420.22-00 FICA Tax Expense 2,100 increase

110-5110-420.25-10 Unemployment Benefits 30 increase

110-5110-420.23-01 Supplemental Retirement 7,000 decrease

110-5110-420.33-45 Contracted Services 1,155 decrease

463 HC WIOA Dislocated Worker Program Fund

234-7411-465.11-00 Salaries & Wages 515 increase

234-7411-465.22-00 FICA 315 increase

234-7411-465.32-72 Supportive Services 470 increase

234-7411-465.58-01 Training & Meetings 100 decrease

234-7411-465.58-19 Participant Travel 200 decrease

234-7411-465.35-83 Training Vouchers Authorizations 1,000 increase

464 WIO Adults Program Fund

234-7410-465.11-00 Salaries & Wages 465 increase

234-7410-465.22-00 FICA 350 increase

234-7410-465.35-83 Training Vouchers 1,000 increase

234-7410-465.58-14 Travel Admin 200 increase

234-7410-465.58-19 Travel Participant 1,615 increase

466 Social Services Department

110-7700-441.36-13 Adult Care Home Training 117 decrease

110-7710-441.80-85 Progress Energy Neighbor 2,245 decrease

110-7710-441.80-60 Day Care Smart Start 8,000 increase

110-7710-441.80-50 Day Care Subsidy 395,988 decrease

110-7710-441.89-50 Elderly Assistance Donations 300 increase

110-0000-353.77-03 Adult Care Home Training 117 decrease

110-0000-330.77-01 Social Services Administration 2,245 decrease

110-0000-330.77-05 Day Care Smart Start 8,000 increase

110-0000-330.77-04 Day Care Subsidy 395,988 decrease

110-0000-353.06-00 Social Services Donations 300 increase

469 General Fund

110-4700-410.41-13 Facilities Maint. Triangle South 878 increase

110-8800-490.32-16 Contingency 878 decrease

470 General Fund

110-5700-420.32-14 Medical Examiner 30,000 increase

110-8800-490.32-16 Contingency 30,000 decrease

471 Worker’s Compensation Fund

901-9801-410.32-90 Worker’s Compensation 181,483 increase

901-0000-356.91-05 Excess Reimbursement 181,483 increase

473 Solid Waste

580-6600-461.74-74 Capital Outlay 80,000 increase

580-0000-334.66-02 NCDENR Roll Off 33,790 increase

580-0000-341.12-00 Users Fees 46,210 increase

475 Emergency Response Planning

263-5251-420.11-00 Salaries & Wages 594 increase

263-5251-420.22-00 FICA 11 increase

263-5251-420.25-10 Unemployment 6 increase

263-5251-420.58-14 Travel Admin 611 decrease

476 Employee’s Clinic

904-9802-410.11-00 Salaries & Wages 740 increase

904-9802-410.25-10 Unemployment 8 increase

904-9802-410.30-04 Professional Services 748 increase

480 WIA Out of School Youth Program Fund

234-7407-465.11-00 Salaries & Wages 380 increase

234-7407-465.23-00 Retirement 15 increase

234-7407-465.22-00 FICA 100 increase

234-7407-465.25-07 Employee Clinic 30 increase

234-7407-465.58-01 Training & Meetings 525 decrease

481 Library Department

110-8100-450.58-01 Training & Meetings 750 increase

110-0000-331.81-02 LSTA Grant 750 increase

482 Medical Insurance

906-9802-410.21-06 Payment of Claims 1,000,000 increase

906-9802-410.30-31 Administrative Fee 25,527 increase

906-0000-353.98-02 Contributions- Group Insurance 1,000,000 increase

906-0000-353.98-09 Contributions-Medical/Daycare FSA 10,022 increase

906-0000-356.91-05 Excess Reimbursement 15,231 increase

906-0000-356.91-12 Wellness 274 increase

483 Special Districts

242-8002-420.82-15 Anderson Creek DMV receipts 56,092 increase

242-8004-420.82-15 Dunn Emergency Services 6,053 increase

242-8005-420.82-15 Benhaven Fire DMV receipts 45,812 increase

242-8007-420.82-15 Black River Fire DMV receipts 40,847 increase

242-8008-420.82-15 Boone Trail DMV receipts 22,876 increase

242-8009-420.82-15 Buies Creek DMV receipts 25,143 increase

242-8011-420.82-15 Cypress Pointe DMV receipts 1,899 increase

242-8013-420.82-15 Duke (Erwin) Fire DMV receipts 74,423 increase

242-8014-420.82-10 Flat Branch Fire DMF receipts 25,185 increase

242-8016-420.82-15 Coats Grove Fire DMV receipts 28,396 increase

242-8017-420.82-15 N. Harnett Fire DMV receipts 35,490 increase

242-8019-420-82-15 Spout Springs DMV receipts 72,288 increase

242-8021-420.82-15 West Area Fire DMV receipts 2,806 increase

242-8024-420.82-15 Crains Creek DMV receipts 2,124 increase

483 Special Districts continued

Code 242-8025-420.82-15 Benson/Banner Fire DMV receipts 4,072 increase

242-8033-420.82-15 Godwin Falcon Fire DMV receipts 360 increase

242-8034-420.82-15 Summerville Bunnlevel 29,289 increase

242-8035-420.82-15 Flatwoods Lillington DMV receipts 2,875 increase

242-8035-420.82-15 West Johnson DMV receipts 3,658 increase

242-0000-311.10-01 Current Year Taxes 479,688 increase

484 Special Districts Fund

242-8001-420.82-10 Special School Current Tax 23,050 increase

242-8002-420.82-10 Anderson Creek Current Tax 84,500 increase

242-8004-420.82-10 Dunn Emergency Services Current Tax 57,375 increase

424-8005-420.82-10 Benhaven Fire Current Tax 67,915 increase

242-8007-420.82-10 Black River Fire Current Tax 54,228 increase

242-8008-420.82-10 Boone Trail Current Tax 25,455 increase

242-8009-420.82-10 Buies Creek Current Tax 31,125 increase

242-8011-420.82-10 Cypress Pointe Current Tax 2,500 increase

242-8011-420.82-10 Delinquent 1,450 increase

242-8013-420.82-10 Duke (Erwin) Fire Current Tax 16,100 increase

242-8014-420.82-10 Flat Branch Fire Current Tax 23,707 increase

242-8016-420.82-10 Coats Grove Fire Current Tax 29,744 increase

242-8017-420.82-10 N. Harnett Fire Current Tax 37,606 increase

242-8019-420-82-10 Spout Springs Current Tax 151,605 increase

242-8021-420.82-10 West Area Fire Current Tax 2,460 increase

242-8024-420.82-10 Crains Creek Current Tax 5,710 increase

242-8025-420.82-10 Benson/Banner Fire Delinquent 200 increase

242-8034-420.82-10 Summerville Bunnlevel Current Tax 40,715 increase

242-8035-420.82-10 West Johnson Delinquent 100 increase

485 Group Insurance Fund

902-9802-410.21-02 Group Insurance HRA 5,000 increase

902-0000-356.91-06 Settlement Refund 5,000 increase

3. Tax rebates, refunds and releases (Attachment 1)

4. Harnett County General Services requested approval of the FY 2017 Transportation Improvement Plan (TIP) list of potential projects. The projects are prioritized 1 - 25 based upon the need of airport, compliance with NCDOT/Division of Aviation's (DOA) General Aviation Airport Development Plan and local requests. Airport Administration and Talbert & Bright, Inc., in collaboration with DOA, developed the FY17 TIP which has also been approved by the Harnett Regional Jetport Aviation Committee. DOA uses the TIP to seek additional federal and state funds. No required funding match at this time.

5. Harnett County Senior Staff Attorney requested order directing distribution of Third Party Settlement in Timothy Brooks Stewart v. Harnett County, I.C. File No.: Y29934.

6. Resolution to Cancel the July 5, 2016 Regular Meeting of the Harnett County Board of Commissioners (Attachment 2)

7. Harnett County Sheriff’s Office requested approval to accept the donation of a female bloodhound; estimated value is $1,000, from Tammy Miller of Kannapolis, North Carolina.

8. Harnett County Sheriff’s Office requested approval to submit a grant application in the amount of $22,240 to the Office of Justice Program under the FY 2016 Edward Byrne Memorial Justice Assistance Grant Program. The funds will be used to purchase data storage and/or other I.T. equipment and/or other investigative equipment to support the Sheriff’s Office needs. There is no local match required.

9. Harnett County Public Library requested approval to accept grant funds in the amount of $750 from the N.C. Department of Cultural Resources. This grant will reimburse the County up to $750 for registration fees paid for the Evergreen Conference in April.

10. Resolution Honoring Mark S. Glaser, M.D. (Attachment 3)

11. Proclamation Honoring the Life and Service of Private Rae’laurin Gates

12. Harnett County Juvenile Crime Prevention Council requested permission to submit Program Agreements from the N.C. Department of Public Safety JCPC for the following programs: 1) Harnett County Restitution Program in the amount of $105,968 with

$9,889 local cash match

2) Teen Court and At-Risk Youth Development in the amount of $52,273

3) ReEntry Psychological Service (pass thru) in the amount of $4,000

4) ReEntry Healthy Choices (pass thru) in the amount of $56,756

5) JCPC ADM in the amount of $5,040

13. Harnett County Public Buildings requested award of contract to perform cleaning

services for July 1, 2016 - June 30, 2019 to Omnico in the amount of $657,570.00. The County received seven responses to the Request for Proposal. Based upon reference checks conducted upon the vendors and superior prior service, Public Buildings recommends award of contract to Omnico. (Attachment 4)

14. Harnett County Public Buildings requested award of contract for elevator maintenance services for July 1, 2016 - June 30, 2019 to Thyssenkrupp in the amount of $51,630.00.

The County received four responses to the Request for Proposal. Based upon the superior prior service experience with Thyssenkrupp and reference checks conducted upon the vendors, Public Buildings recommends award of contract to Thyssenkrupp. (Attachment 5)

15. Harnett County Public Buildings requested award of contract for fire extinguisher services for July 1, 2016 - June 30, 2019 to Allied Fire & Safety in the amount of $12,030. The County received one response to the fire extinguisher maintenance Request for Proposal. Public Buildings recommends award of contract to Allied Fire & Safety. (Attachment 6)

16. Harnett County Public Buildings requested award of contract for generator services for July 1, 2016- June 30, 2019 to Ezzell Electrical Components, Inc. in the amount of $21,952.44. The County received four responses to the Request for Proposal. Based upon the superior prior service experience with Ezzell Electrical Components, Inc. and the vendor being in Harnett County, Public Buildings recommends Ezzell Electrical Components, Inc. (Attachment 7)

17. Harnett County Public Buildings requested award of contract for HVAC services for July 1, 2016 - June 30, 2019 to Johnson Controls in the amount of $626,331. The County received one response to the HVAC Request for Proposal. Public Buildings recommends award of contract to Johnson Controls. (Attachment 8)

18. Harnett County Public Buildings requested award of contract for pest and fire ant control services for July 1, 2016 - June 30, 2019 to Clegg’s Pest Control in the amount of $123,540. The County received one response to the pest and fire ant control Request for Proposal. Public Buildings recommends award of contract to Clegg’s Pest Control (Attachment 9)

19. Resolutions awarding Samsung tablets to commissioners (Attachments 10 - 14)

20. Proclamation of Appreciation for Fred Clarida for his Dedicated Service to Harnett County

Chairman Burgin presented the Proclamation Honoring the Life and Service of Private Rae’laurin Gates to her family and friends present. Mrs. Marlene J. Strong, mother of Private Gates’, spoke. DAV Commander John Finger also addressed the group.

Chairman Burgin recognized Angier Mayor Lewis Weatherspoon and Harnett County NAACP President Carolyn McDougal.

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

- Cris Nystrom of 391 Center Lane in Bunnlevel spoke of his personal experiences with the Harnett County Sheriff’s Office. He said he does believe there is an endemic problem with discipline and training. Mr. Nystrom said he believes hiring an outside law firm to represent Harnett County was absolutely necessary as his fear is ultimately Harnett County government will throw money on settlements from closed session deals.

- Jerry Rivas of 364 Twin Ponds Road in Sanford said the community as a whole has lost respect for the Sheriff’s Department but worse they don’t trust and are fearful of the deputies. Mr. Rivas also said the School Board should consider renaming Private Rae’laurin Gates’ high school after her.

- Carolyn McDougal of 809 E. Johnson Street in Dunn said she was here in support of the Livingston, Griggs and Bethea family. She said this is a “sit-in” and they are here to see justice served. Mrs. McDougal said they also support Attorney Jesse Jones.

- Marie Aries of 192 N. Peggy Street in Spring Lake said the County jail video surveillance system is still a problem that has not been addressed. She asked why the County hired a law firm in the matter of the federal investigation and why can’t the truth come out. Mrs. Aries said you can’t get trust if they can’t get the truth and they do not think it’s right for taxpayers to have to pay for “you guys’ to protect corrupt judicial officials and law enforcement.

- Joseph Garrett of 34 Bay Leaf Lane, a rising senior at Western Harnett High School, said he will be representing Harnett County at NCACC YouthVoice 2016 in Winston-Salem August 12 - 14. Mr. Garrett is also the newly elected South Central District 4-H President.

Commissioner Miller moved to approve the appointments listed below. Commissioner Elmore seconded the motion which passed unanimously.

HARNETT COUNTY AGRICULTURAL ADVISORY BOARD

L.D. Black and C.H. Johnson were reappointed to serve on this board for a term of three years ending July 1, 2019.

HARNETT COUNTY BOARD OF ADJUSTMENT

Kenneth Shaw was reappointed to serve as an alternate member for District 2 on this board for a term of three years ending March 31, 2019.

HARNETT COUNTY CEMETERY BOARD OF TRUSTEES

Anne Blalock Marsh was reappointed to serve on this board for a term of three years ending April 19, 2019.

Michele Temple was appointed to serve on this board for a term of three years ending June 30, 2019.

HARNETT COUNTY SOCIAL SERVICES BOARD

Steve McNeill was reappointed to serve on this board for a term of three years ending June 30, 2019.

Eric Thornton was reappointed to serve on this board for a term of three years ending June 30, 2019.

SANDHILLS CENTER BOARD OF DIRECTORS

Tonya Gray was appointed to serve on this Board for a term of three years ending June 30, 2019.

Mark Locklear, Director of Development Services, petitioned the Board for a public hearing regarding the proposed zoning change: Case # RZ-16-116, Landowner/Applicant: Johnny Faircloth; 2.52 +/- acres (consisting 5 parcels) Pin’s # 9575-24-1972, 9575-24-4817, 9575-24-4764, 9575-25-2300; 9575-25-1192; From RA-20R to Commercial Zoning District; Off NC Hwy 24 (on Red Bird Drive & Chipmunk Court); Johnsonville Township.

Mr. Locklear noted after discussion about traffic, road maintenance, as well as potential improvements if commercial development does occur, on June 6, 2016 the Harnett County Planning Board voted unanimously (5-0) to recommend approval of this rezoning application based on the compatibility to the surrounding uses.

Staff reported all five sites are currently vacant undeveloped land. Surrounding land uses consist of manufactured homes, stick built homes, several churches, a landscaping commercial business, a beauty salon, and a dilapidated commercial building. There are also two convenience stores located within one mile from this site. Services available include public water (Harnett County) and private sewer (septic tank).

Mr. Locklear provided additional information regarding the rezoning request:

• As required for all zoning changes within a five-mile radius of Fort Bragg, Regional Land Use Advisory Commission (RLUAC) was contacted and had no issues or concerns with the proposal.

• January 23, 2012 the County Commissioners approved the rezoning of the 2 existing (3 lots in original applicant’s request) properties to Commercial.

• May 18, 2015 County Commissioner’s tabled the request to rezone lots 29,30,32.

• None of Nature’s Crossroads streets, including Red Bird Lane, are currently maintained by NCDOT. Acceptance into the NCDOT system will be required in order to obtain a building permit.

• May 2, 2016, application was tabled at the Planning Board due to the applicant wishing to amend his request on parcels to be rezoned.

Mr. Locklear stated staff’s 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 requested rezoning would not have a negative effect on the residents who live within the interior of subdivision due to the proposed configuration of lots 29 & 30, which would create a residential buffer for the interior lots. Also lots 34,33,32 and portions of 30 & 29 would be combined into one lot for development purposes. Lots 1 & 35 are determined to be reasonable per the precedence set by the rezoning in 2012, as well as the existing Commercial across Hwy 24.

- The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The Land Use map represents this area as a mix of Agriculture & Rural Residential and Low Density Residential classifications. Although these areas are typically suburban in character, they can consist of secondary commercial uses, which would be compatible with the Land Use Plan.

- The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: As requested, the zoning to Commercial could enhance the general welfare of the community due to their location to the existing thoroughfare & commercial zoning.

- This request is NOT for a SMALL SCALE REZONING and should not be evaluated for reasonableness. REASONING: This request does not need to be evaluated for a small scale rezoning because, excluding the right-of-ways for Red Bird Land and Hwy 24, the parcels are contiguous to commercial zoning.

Suggested Statement-of-Consistency: Staff concludes that the requested rezoning would be reasonable due to the proposed reconfiguration of lots 29 & 30, which would create a buffer for the remaining residential interior lots. Also, lots 34, 33, 32 and portions of 30 & 39 are proposed to be combined into one large commercial lot for development purposes, thus by the previous rezoning to commercial in 2012, as well as the existing Commercial across Hwy 24. Therefore, staff recommends this application be approved.

Mr. Locklear responded to questions from the Board. Chairman Burgin called to order a public hearing on the matter and opened the meeting for comments from the public.

- Jason Bethune of 187 Barnes Avenue in Lillington, who said he previously tried to sell these properties for Mr. Faircloth, spoke in favor of the proposed rezoning.

- Mickey Bennett with Bennett Surveys, who said he has been working with Mr. Faircloth on this project for a long time, spoke in favor of the proposed rezoning.

- Johnny Faircloth of 5272 Cool Springs Road in Broadway, the applicant, spoke in favor of the rezoning request. Mr. Faircloth also said he is in the process of repairing the road.

- Juan Lopez of 11 Sweetbay Place in Cameron spoke in opposition of the proposed rezoning.

- Kenneth McLean of 34 Chipmunk Court in Cameron spoke in opposition of the proposed rezoning.

- Luther Tannehill of 36 Sweetbay Place in Cameron spoke in opposition of the proposed rezoning.

- Niihau K. Ramsey of 39 Sweetbay Place in Cameron spoke in opposition of the proposed rezoning.

- James Cameron of 90 Sweetbay Place in Cameron spoke in opposition of the proposed rezoning.

Seeing no one else move, Chairman Burgin closed the public hearing. Mr. Faircloth and Mr. Bethune responded to questions from commissioners. Commissioner McKoy moved to table the proposed zoning change until July 18, 2016 so that commissioners could visit the site. Vice Chairman Springle seconded the motion which passed unanimously. Commissioners will visit the site during their June 28, 2016 work session.

Mr. Locklear petitioned the Board for a public hearing regarding the proposed zoning change: Case # RZ-16-178, Landowner/Applicant: James & Diane Young / John Bradley Young; 1.76 +/- acres (out of 25-acre tract) Pin # 1528-81-5866.000; From Industrial to RA-30 Zoning District; SR # 1810 (Stewart Road); Averasboro Township. Mr. Locklear reported that on June 6, 2016 the Harnett County Planning Board voted unanimously (5-0) to recommend approval of this rezoning application based on the compatibility to the surrounding uses. Small Scale Zoning was considered and all four facts were approved as well. Staff noted the subject site is currently vacant but parent parcel currently has a house and other accessory structures. Surrounding land uses include farmland and residential. Services available include public water (Harnett County) is private sewer (septic tank).

Mr. Locklear stated staff’s 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 community is reasonable, as the requested rezoning district is similar in nature to the surrounding area.

- The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning to RA-30 is compatible with the Land Use Classification of an Employment Mixed Use area. Although EMU areas are typically located along or in close proximity of major thoroughfares and include prime locations for economic development opportunities, residential development is appropriate when not in conflict with existing or future industry or commercial uses.

- The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: This requested zoning to RA-30 would maintain the public health, safety and general welfare due to the existing residential uses within the area.

- This request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Due to the size of the tract and that the proposed zoning district of RA-30 is not immediately adjacent, the application does need to be considered for a Small Scale Rezoning.

Suggested Statement-of-Consistency: Staff concludes that the requested rezoning of RA-30 would not have an unreasonable impact on the surrounding community and will maintain the public health, safety and general welfare because of the existing agricultural and residential uses within the area. Therefore, these existing uses lead to compliance with the adopted Land Use Plan. Thus it is recommended that this rezoning request be approved.

Chairman Burgin called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman Burgin closed the public hearing. Commissioner Elmore moved to approve the application as presented. Commissioner Miller seconded the motion which passed unanimously.

Mr. Jeffries presented the following reports:

- Veteran Affairs Activities Report – May 2016

- Department of Public Health Activities Summary – May 2016

- Development Services Report - May 2016

- Interdepartmental Budget Amendments

Chairman Burgin called for any new business. Chairman Burgin reminded the group of several upcoming meetings and events.

There was no need for closed session.

Commissioner Elmore moved to adjourn the meeting at 8:23 pm. Commissioner McKoy seconded the motion which passed unanimously.

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Jim Burgin, Chairman Margaret Regina Wheeler, Clerk

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