HARNETT COUNTY BOARD OF COMMISSIONERS

Minutes of Regular Meeting

May 16, 2016

The Harnett County Board of Commissioners met in regular session on Monday, May 16, 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. Vice Chairman Springle led the pledge of allegiance and invocation.

Chairman Burgin called for additions and deletions to the published agenda. Mr. Jeffries requested the addition and consideration of a letter of support for Campbell University Foundation’s proposed financing through USDA of the construction of the Admissions and Financial Aid building and the Campbell University Student Union on campus, as well as the acquisition of Smith Hall Nursing and Health Sciences facility from the University. Commissioner Miller moved to approve the agenda as amended. Commissioner Elmore seconded the motion which passed unanimously.

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

  1. Minutes: May 2, 2016 Regular Meeting
  1. Budget Amendments:

373 Health Department

Code 110-7600-441.41-11 Salaries 6,394 increase

110-7600-441.11-00 Salaries 20,500 decrease

110-7600-441.11-16 Comp Time 500 increase

110-7600-441.11-13 Vacation Payout 20,000 increase

110-0000-331.76-11 Immunization Action Plan State Plan 6,394 increase

376 Sheriff Department

Code 110-5100-420.60-65 Auto Salaries 20,000 decrease

110-5100-420.74-74 Capital Outlay 20,000 increase

377 Public Buildings Department

Code 110-4700-410.43-15 Building Maintenance 7,355 increase

110-0000-356.30-00 Insurance Reimbursement 7,355 increase

379 General Fund

Code 110-8702-470-90-80 Payment to Escrow Agent 30,959,142 increase

110-8702-470-86-91 Cost of Issuance 120,858 increase

110-0000-370.10-00 Other Financing Sources 31,080,000 increase

381 General Fund- Radio System

Code 110-5901-420.30-04 Professional Services 10,246 decrease

110-5901-420.33-45 Contracted Services 71,100 decrease

110-5901-420.41-11 Telecommunications/Postage 12,000 decrease

110-5901-420.41-13 Utilities 16,400 decrease

110-5901-420.43-16 Maint. & Repair 12,544 decrease

110-5901-420.44-21 Bldg. Equip & Rent 80,597 decrease

110-5901-420.60-33 Materials & Supplies 5,000 decrease

110-5901-420.74-74 Capital Outlay Equipment 77,113 decrease

110-0000-322.24-10 Radio User Fee 360,000 decrease

110-0000-399.00-00 Fund Balance Appropriated 75,000 increase

382 Radio System Fund

Code 241-5901-420.30-04 Professional Services 10,246 increase

241-5901-420.33-45 Contracted Services 71,100 increase

241-5901-420.41-11 Telecommunications/Postage 12,000 increase

241-5901-420.41-13 Utilities 16,400 increase

241-5901-420.43-16 Maint. & Repair 12,544 increase

241-5901-420.44-21 Bldg. Equip & Rent 80,597 increase

241-5901-420.60-33 Materials & Supplies 5,000 increase

241-5901-420.74-74 Capital Outlay Equipment 77,113 increase

241-0000-322.24-10 Radio System 285,000 increase

383 Cooperative Extension Adolescent Parenting Program

Code 110-7319-465.11-00 Professional Services 3,564 increase

110-7319-465.21-00 Group Insurance 588 increase

110-7319-465.21-05 Employee Clinic 25 increase

110-7319-465.22-00 FICA 271 increase

110-7319-465.23-00 Regular Retirement 241 increase

110-7319-465.23-01 Supplement Retirement 72 increase

110-7319-465.25-10 Unemployment 18 increase

110-7319-465.26-08 Worker’s Compensation 82 increase

110-0000-331.73-19 Revenue- Adolescent Parenting Program 4,861 increase

387 Amend the Medical Insurance

Code 906-9802-410.26-06 Payment of Claims 800,000 increase

906-0000-353.98-02 Contribution/Donations Group insurance 800,000 increase

389 Health Department

Code 110-7600-441.11-13 Vacation Payout 4,000 increase

110-7600-441.22-00 FICA 1,000 increase

110-7600-441.44-11 Telephone & Postage 5,000 increase

110-7600-441.11-13 Travel 10,000 increase

110-0000-345.18-00 Environmental Fees 20,000 increase

392 Soil & Water

Code 110-4400-410.32-51 Operating Special Accounts 8,000 decrease

110-6700-429.74-73 Capital Outlay 8,000 increase

393 Health Department

Code 110-7600-441.33-45 Contracts 34,000 increase

110-0000-345.10-14 PCM 34,000 increase

396 School Project CP1502 Fund 309 QSCB Roofing Project

Code 309-0000-389.14-00 Capital Projects 3,316,957 increase

309-0000-370.10-01 Bond Proceeds 3,316,957 decrease

397 Social Services Department

Code 110-7710-441.80-80 Links/Independent Living 1,000 increase

110-7710-441.80-25 Medical Transportation 225,000 increase

110-7710-441.81-07 Court Cost Fees CSE 8,000 increase

110-0000-330.77-01 Social Services Administration 6,280 increase

110-0000-330.77-08 Medical Transportation 225,000 increase

110-0000-399.00-00 Fund Balance Appropriated 2,720 increase

  1. Tax rebates, refunds and releases (Attachment 1)
  1. Resolutions to add roads to state system (Attachment 2)
  1. Harnett County Cooperative Extension requested approval to accept a 2016-17 Adolescent Parenting Grant from the NC Department of Health and Human Services in the amount of $75,000 in support of the Teen Pregnancy Prevention Initiative. There is a local in-kind match of $25,000 of: 1) Office space for APP Coordinator, 2) App Library Space and 3) Extension Director’s Supervision 5% of salary.
  1. Resolution of the Harnett County Board of Commissioners changing the Capital Outlay threshold from $5,000 to $10,000. (Attachment 3)
  1. Harnett County Human Resources requested approval of the proposed Drug and Alcohol Testing Policy
  1. Harnett County Parks and Recreation requested approval of the reorganization of Parks and Recreation/Grounds Maintenance. This reorganization will combine County resources, provide a labor force for park expansion and programming, provide more control of County grounds and landscaping, save funds, allow grounds crews to be more efficient and cut down on travel time.
  1. Proclamation Congratulating Godwin Manufacturing on 50 Years of Business in Harnett County.
  1. Resolution to Change the Meeting Time of the June 6, 2016 Regular Meeting of the Harnett County Board of Commissioners. (Attachment 4)
  1. Letter of support for Campbell University Foundation’s proposed financing through USDA of the construction of the Admissions and Financial Aid building and the Campbell University Student Union on campus, as well as the acquisition of Smith Hall Nursing and Health Sciences facility from the University.

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

-  Jerry Rivas of Twin Ponds Road in Sanford shared his concerns and opinions regarding rumored incidents relating to the Harnett County Sheriff’s Department.

-  Marie Aries of 192 N. Peggy Street in Spring Lake stated her concerns regarding the Sheriff’s Department and said commissioners failed citizens by doing nothing. She called for the removal of Sheriff Wayne Coats and District Attorney Vernon Stewart.

-  Steve Blackburn of 190 Falling Water Road, who said he was speaking on behalf of the Harnett County and State NAACP presidents, said the NAACP will provide full support to all of the affected families involved in the federal investigation and Attorney Jesse Jones as long as needed.

-  Cris Nystrom of 391 Center Lane in Bunnlevel addressed the group and also shared his concerns regarding the Harnett County Sheriff’s Department.

Commissioner Miller moved to approve the appointments listed below. Chairman Burgin disclosed that Emily M. Barefoot is an employee of his and recused himself from voting on the appointments. Vice Chairman Springle seconded the motion which passed 4 - 0.

HARNETT COUNTY BOARD OF ADJUSTMENT

Rick Foster (nominated by Commissioner Miller) was given a second waiver of term limit and reappointed to serve on this board for a term of 3 years ending March 31, 2019.

Scott Tripp (nominated by Commissioner Miller) was given a second waiver of term limit and reappointed to serve on this board for a term of 3 years ending September 1, 2019.

HARNETT COUNTY BOARD OF HEALTH

Emily M. Barefoot of Dunn (nominated by Commissioner Miller) was appointed to serve on this board for a term of 3 years ending May 31, 2019.

Harnett County Emergency Services Director Jimmy Riddle petitioned the Board, on behalf of Benhaven Emergency Services, Inc., for a public hearing regarding the financing of a fire truck and certain related equipment for Benhaven Emergency Services, Inc. with the Proceeds of Tax-Exempt Debt. Mr. Riddle also requested approval of a Resolution Authorizing and Approving the Delivery of an Installment Financing Agreement by Benhaven Emergency Services, Inc. and the Tax Exempt Loan Related Thereto following the public hearing.

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. Vice Chairman Springle moved to approve the Resolution Authorizing and Approving the Delivery of an Installment Financing Agreement by Benhaven Emergency Services, Inc. and the Tax Exempt Loan Related Thereto. Commissioner Miller seconded the motion which passed unanimously. (Attachment 5)

Mrs. Honeycutt petitioned the Board for a public hearing concerning the approval of the execution, delivery, and performance of the Contract and the Deed of Trust and the Projects to be financed thereby. The Board of Commissioners of the County of Harnett, North Carolina is considering (1) entering into an installment financing contract in an amount not to exceed $2,200,000 to finance all or a portion of the projects identified as eligible “Qualified School Construction Bond projects” (2) executing and delivering a deed of trust, security agreement and fixture filing related to all or a portion of the County’s fee simple interest in the real property. Mrs. Honeycutt also requested adoption of the Issuance Resolution following the public hearing.

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 Miller moved to approve the Issuance Resolution as presented. Commissioner Elmore seconded the motion which passed unanimously. (Attachment 6)

Mr. Riddle petitioned the Board for a public hearing regarding the Cape Fear Regional Hazard Mitigation Plan Approved by FEMA. Mr. Riddle also requested approval of the Resolution to Adopt the Cape Fear Regional Hazard Mitigation Plan following the public hearing.

Mr. Riddle explained the plan identifies hazards and potential hazards within the region and county specific, and it creates a framework to help community officials make decisions that may ultimately protect lives and property. Mr. Riddle said the plan was a regional effort amongst five counties (Harnett/Moore/Lee/Chatahm/Johnston) and the municipalities within the region. He noted the plan outlines a strategy for implementing mitigation projects within the 5 counties and its municipalities. Mr. Riddle reported the Federal Emergency Management Agency (FEMA) reviews and approves state, tribal and local hazard mitigation plans, which are required as a condition for states and communities to receive certain types of disaster assistance, including funding for mitigation projects. State mitigation plans must be approved every five years, and local and tribal mitigation plans must be approved at least once every five years.

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. Vice Chairman Springle moved to approve the Resolution to Adopt the Cape Fear Regional Hazard Mitigation Plan as presented. Commissioner Elmore seconded the motion which passed unanimously. (Attachment 7)

Mark Locklear, Director of Development Services, petitioned the board for a public hearing regarding proposed zoning change – Case #RZ-16-113; Landowner/Applicant: William P. Sease/Robert & Laurie Gaskins: 5 +/- acres (out of a 51-acre tract) Pin # 1538-12-0260; From Industrial to RA-30; SR #1810 (Stewart Road); Averasboro Township.

Mr. Locklear reported that on May 2, 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. Mr. Locklear said the Planning Board also made sure that the applicants were aware of neighboring Industrial uses that may occur in the future.

Mr. Locklear noted that this site is currently vacant and surrounding land uses include farmland, low density residential, Foundations Bible College and various commercial uses. Private septic tank and public water are available. Mr. Locklear explained what could be built in RA-30 and responded to questions from commissioners.

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 to RA-30 is compatible with the Land Use Classification of an Employment Mixed Use (EMU) 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 this 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 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.

-  Robert Gaskins, the applicant, spoke in favor of the request. He said they will have the option to purchase the 5 acres across from the property in approximately one year. Mr. Gaskins said they feel like there is very minimal danger of much Industrial coming to the area and they understand what they can and cannot do on the property.

Seeing no one else move, Chairman Burgin closed the public hearing. Vice Chairman Springle moved to approve the proposed rezoning request as presented. Commissioner Elmore seconded the motion which passed unanimously.

Mr. Jeffries delivered the following Budget Message for the proposed Harnett County Budget for the 2016-17 Fiscal Year for review and consideration:

“A number of factors have had a significant impact on the proposed budget and the thought that went into its creation.

Though it will not directly impact the 2016-17 budget, we continue to take Harnett County’s upcoming property revaluation into consideration when budgeting for the coming year. The revaluation will be completed in 2017 and the Harnett County Tax Office projects it will result in a reduction of property values, which will have an impact on property tax revenue in the coming years.