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HARNETT COUNTY BOARD OF COMMISSIONERSMinutes of Regular MeetingSeptember 18, 2017The Harnett County Board of Commissioners met in regular session on Monday, September 18, 2017, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina.Members present:Gordon Springle, ChairmanJoe Miller, Vice ChairmanAbe Elmore, CommissionerHoward Penny, Commissioner Member absent:Barbara McKoy, CommissionerStaff present:Joseph Jeffries, County ManagerPaula Stewart, Deputy County Manager Dwight Snow, County AttorneyKimberly Honeycutt, Finance OfficerMargaret Regina Wheeler, ClerkChairman Springle called the meeting to order at 7:00 pm. Commissioner Howard Penny led the Pledge of Allegiance and invocation. Chairman Springle called for additions and deletions to the published agenda. Mr. Jeffries requested the Board move agenda item Consideration of Contract and Agreement by and between the Town of Lillington and County of Harnett for exchange of real property tracts immediately following closed session. Commissioner Elmore moved to approve the agenda as amended. Commissioner Penny seconded the motion, which passed 4-missioner Elmore moved to approve the following items listed on the consent agenda. Vice Chairman Miller seconded the motion that passed 4-0.Minutes: September 5, 2017 Regular Meeting Budget Amendments:66 Health DepartmentCode192-5300-420.30-04Professional Services 90,000 increase192-0000-399.00-00Fund Balance 90,000 increase 69 Cooperative ExtensionCode110-0000-344.12-00Agriculture1,200 decrease110-0000-344.17-00Revenue- Horticulture 1,200 decrease70 Sheriff OfficeCode110-5100-420.60-53Dues & Subscriptions5,000 increase110-5100-420.58-01Training5,000 increase110-5100-420.58-14Travel7,000 increase110-5100-420.60-36Uniforms5,000 increase110-0000-389.43-22Interfund transfer 22,000 increase71 Sheriff OfficeCode251-5100-420.74-74Capital Outlay 25,000 increase251-5100-420.90-10General Fund 22,000 increase251-0000-399.00-00Fund Balance Appropriated 47,000 increase73 Airport – Wind Cone ProjectCode110-6599-406.36-25Operating Special Account 10,317 increase110-0000-331.83-12Capital Projects 9,285 increase110-0000-389.71-00Interfund Transfer Capital 1,032 increase74 Heath Department Code110-7600-441.33-45Contracted Services 146,351 increase110-0000-399.00-00Fund Balance Appropriated 146,351 increase75 Health DepartmentCode110-7500-441.33-45Contracted Services 180 increase110-7500-441.32-26Incentives1,500 increase110-7500-441.33-45Contracted Services2,000 increase110-7500-441.41-11Telephone & Postage 558 increase110-7500-441.55-12Printing & Binding 500 increase110-7500-441.58-14Travel 2,000 increase110-7500-441.60-33Materials & Supplies 1,500 increase110-7500-441.60-47Food and Provisions 500 increase110-7500-441.60-54Materials & Supplies Client2,000 increase110-7552-441-33-45Contracted Services1,332 increase110-0000-399.00-00Fund Balance appropriated 12,070 increase81 EMS DepartmentCode110-5400-420.43-16Maintenance & Repair 258 increase110-0000-356.30-00Insurance Claim 258 increase82 Capital Project FundCode334-8300-480.47-05Coats Erwin Middle 77,019 decrease334-8300-480.36-11Harnett Central High 1,875 decrease334-8300-480.26-29Highland Elementary School 60,761 increase334.8300-480.36-11Highland Middle School 18,133 increaseTax rebates, refunds and releases (Attachment 1)Harnett County Emergency Management Services requested approval of the EMS Emergency Response Vehicle Lease Agreement. This agreement is between the County of Harnett and the seven Harnett County EMS Departments for the EMS Medicaid Cost Settlement Program.Harnett County Engineer requested approval of the amendment of reimbursement with Campbell for the planning, design, and permitting services for the construction of the stadium sidewalks. The funding for the planning, design and permitting is entirely from a grant the County received that was to be used to reimburse Campbell for the cost of the construction of public roads adjacent to CUSOM. Proclamation Congratulating the Dunn Angels 10-Under All-Stars on Winning the 2017 Dixie Softball World Series Championship.Harnett Area Rural Transit (HARTS) requested approval of the NC DOT FY 18 5311 grant agreement in the amount of $368,074. The County match is $56,338, which was included in the FY 17-18 approved budget. The grant covers both capital and administration costs associated with providing public transportation for the citizens of Harnett County. Harnett County Public Utilities requested authorization to apply for a $150,000 grant for the purpose of developing an asset management plan that will consist of a complete utility asset inventory to include the condition assessment of all critical assets. This asset management plan will then become critical in formulating future asset replacement strategies. This grant requires a local match, 20% maximum, determined by the funding agency NC Division of Water Infrastructure. HCDPU intends to utilize the services of WR Martin Consultants in the preparation of this application. Harnett County Engineer requested tentative award of the architectural service contract to Little Diversified Architectural Consulting for the new Government Complex and DSS Renovations. The selection committee reviewed six (6) Statements of Qualification and three firms were invited for interviews with the committee. Little was ultimately selected because of their programming experience and two recent DSS projects, their innovative design approach, and their attention to cost control. In order to optimize the new space and to efficiently backfill the current DSS, additional programming is needed. At the end of this programing phase, the budget allocation between the new construction and renovation will be determined and architectural fees will be negotiated accordingly.Chairman Springle presented the Proclamation Congratulating the Dunn Angels 10-Under All-Stars on Winning the 2017 Dixie Softball World Series Championship.Chairman Springle opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes.Charlene Jones of 2370 Old Buies Creek Road asked if the County had plans to organize the collection of donations to send to people devastated by storms in Texas, Florida or Louisiana. Mr. Jeffries responded he was not aware of the County being involved in any on-going collection efforts however, they are cooperating with the American Red Cross and responding to their requests. Rick Houp of 301 Coachman Way said the YMCA is above all things about Christianity and about serving communities. He said the YMCA’s mission statement is to put Christian principles into practice through programs that build a healthy spirit, mind and body for all.Dr. Lavonda Fowler of 1000 West Harnett Street in Dunn thanked commissioners for recent changes made related to the Harnett County Animal Shelter. She also shared some of her concerns regarding the shelter. Graham Price, Johnston County Animal Services Shelter Supervisor, talked about Johnston County’s recent participation in the 2017 NC Clear the Shelter event. There were no appointments. Chairman Springle listed the current vacancies and asked the public to consider serving on the various boards and committees. Mr. Snow petitioned the Board for a hearing regarding a request received by the Harnett County Register of Deeds for a refund of excise tax paid on a deed that was recorded in Harnett County in error. NC G.S. 105-228.37 Refund of overpayment of tax states a board of commissioners must conduct a hearing on a request for refund. Chairman Springle called the hearing to order. No one was present on behalf of Orange Coast Lender Services. Mr. Snow reviewed the details of the request. Orange Coast Lender Services of Pittsburgh, PA recorded a deed and paid $172 for excise tax in Harnett County in June 2017. Once they realized the deed had been recorded in the wrong county, Orange Coast Lender Services did an Instrument of Correction in Harnett County showing that the deed was in error and recorded the deed in Sampson County paying the $172 tax again. They then requested, pursuant to the general statute, a refund of $172 for excise tax on the deed recorded in Harnett County. Mr. Snow said Orange Coast Lender Services have met all of the requirements and deadlines laid out in the statute. The statute states, once all of the evidence has been considered, if the board of commissioners decides that a refund is due, it must refund the overpayment, together with any applicable interest, to the taxpayer. Staff believes this is the first time such has come before the Harnett County Board of Commissioners. Mr. Snow noted Harnett County Register of Deeds Kim Hargrove recommends refunding the excise tax. Excise taxes are split 50/50 between the county and state. Discussions continued. Commissioner Elmore moved to table the item to see if the Register of Deeds could recover half of the cost. The motion died due to the lack of a second. Commissioner Penny moved to approve the refund of $172 plus interest; that the refund is due and that we should pay it pursuant to the guidelines in the statute. Chairman Springle seconded the motion that passed 3 to 1.Mark Locklear, Development Services Manager, petitioned the Board for a public hearing regarding proposed zoning change Case # RZ-17-352: Landowner/Applicant: Benjamin Lee Murray; 3.71+/- acres; Pin # 0651-97-5662.000; From RA-40 to RA-30 Zoning District; SR # 1436 (Matthews Road); Neill’s Creek Township.Mr. Locklear reported this parcel is currently vacant. As per the application, the intent is to utilize this property for residential purposes. A manufactured home is not permitted in RA- 40. Within RA-30, doublewides are permitted provided they meet certain design criteria, min. 1 acre & brick/ masonry underpinning are included in this. Surrounding land uses include vacant/undeveloped and agricultural land as well as single-family residential uses consisting of stick-built & manufactured homes. Public water is available and private septic tank will be utilized.Mr. Locklear stated that on September 5, 2017, the Harnett County Planning Board voted unanimously (5-0) to recommend approval based on proposed use of single-family residential therefore maintaining the compatibility between RA-40 and RA-30. He said no one attended the meeting in opposition. 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 surrounding 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 of RA-30 is compatible with the overall land use classification of Medium Density Residential, as well as within the Compatibility Development Target area. The MDR land use class could have lot densities that range from 2-5 units per acre and have areas of existing utilities. The Compatibility Development Target areas is based on potential utility availability and flexibility with lot sizes.The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The 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 NOT for a SMALL SCALE REZONING and does not need to be evaluated for reasonableness. REASONING: Since the proposed zoning district of RA-30 is immediately across the road, as well as due to the similarity of the two districts, this application does not need to be considered a Small Scale Rezoning.Suggested Statement-of-Consistency: Staff concludes the requested rezoning to RA-30 would not have an unreasonable impact on the surrounding community and will maintain the public health, safety, and general welfare based on the existing residential uses and the County’s Land Use Plan. It is recommended that this rezoning request be approved. Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman Springle closed the public hearing. Commissioner Elmore moved to approve the requested rezoning to RA-30 as it is compatible with Harnett County regulatory documents, and would not have an unreasonable impact on the surrounding community and will maintain the public health, safety, and general welfare based on the existing residential uses as well as the County’s Land Use Plan designation for this area. Vice Chairman Miller seconded the motion that passed 4 - 0. Amanda Bader, County Engineer, conducted a public meeting regarding the proposed future Phase IV construction and demolition debris (C&D) landfill unit at Harnett County’s Anderson Creek Landfill facility located on Poplar Road in Spring Lake. Pieter Scheer, P.E., Engineer of Record, provided an overview, background and development plan for the Anderson Creek C&DLF landfill facility. He discussed the capacity/life of the facility and reviewed local approval requirements for expansion. Mr. Scheer and Mrs. Bader responded to questions from the following citizens present:Kurt Haushhalter of 794 Taylor Road Cris Nystrom of 391 Center Lane Shawn with the Dunn Daily RecordMrs. Bader announced a second public meeting discussing the matter would be held on Monday, October 9, 2017 from 3:00 pm to 5:00 pm at the Anderson Creek Senior Center located at 6808 Overhills Road in Spring Lake.Megan Pope of 507 Johnson Road in Coats, a senior at Triton High School, requested assistance in creating a youth council in Harnett County. Ms. Pope said a youth council is a student lead community service organization that units high school students from across the area. She shared her vision for the council and asked that the County provide a centralized location for the group to meet. Commissioners asked Ms. Pope to meet with the County Manager’s Office to discuss her request. Mr. Jeffries presented the following:Harnett County Department of Public Health Activities – August 2017Harnett County Veteran Services Activities Report – August 2017Interdepartmental Budget Amendments Mr. Jeffries reminded the Board of their upcoming breakfast meeting with Campbell University as well as the upcoming Harnett County Opioid Forum. He also noted staff would be reviewing applications for the Harnett County Cooperative Extension Director. There was no new business. Commissioner Elmore moved that the Board go into closed session to discuss with and to instruct the County staff concerning the position to be taken by the County in negotiating a contract for the acquisition of real property by exchange or lease. This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(5). Commissioner Penny seconded the motion that passed 4 – 0. Commissioner Penny moved that the Board come out of closed session. Vice Chairman Miller seconded the motion, which passed 4 - 0.County Attorney Dwight Snow presented the Contract and Agreement by and between the Town of Lillington and County of Harnett for exchange of real property tracts for consideration. Mr. Snow noted N.C. GS 160-274 allows the County to exchange property. Administration is requesting approval of an agreement between the County of Harnett and Town of Lillington for the exchange of real property tracts. Per the agreement, the Town of Lillington will give the County of Harnett the property at 420 McKinney Parkway, Lillington, with the exception of the subdivided tract at the back of the property, two acres behind the County Garage at 110 East McNeill Street, Lillington, and 3.00 acres on McKinney Parkway in Lillington that were previously conveyed to the Town by the County for the purpose of building a fire station. In exchange, the County will convey to the Town of Lillington the County Administration Block at the corner of East Front Street and South 1st Street with the exception of the property at 107 East Ivey Street. No money is to be exchanged as part of this agreement. Mr. Snow highlighted various conditions in the contract and agreement including:County shall be allowed to maintain Development Services in their current location (which is a location currently owned by the Town of Lillington) until renovations are completed at the current Department of Social Services building.County will be able to continue using the current Board of Commissioners meeting room and conference room for board meetings until renovations are completed at the current Department of Social Services building. This will include Board of Commissioners meetings, Planning Board meetings and Board of Adjustment meetings.Mr. Snow also noted separate agreements forthcoming for consideration for the lease of 108 E. Front Street, a joint maintenance agreement for a shared parking area, right to use space for “public safety purposes” and details of right of first refusal for certain properties. Vice Chairman Miller moved to approve the contract and agreement as presented. Commissioner Elmore seconded the motion that passed 4 – 0. Commissioner Elmore moved to adjourn the meeting at 8:59 pm. Commissioner Pennyseconded the motion that passed unanimously. _________________________________________________________________________Gordon Springle, Chairman Margaret Regina Wheeler, Clerk ................
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