HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting August 15, 2011 The Harnett County Board of Commissioners met in regular session on Monday, August 15, 2011, 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, Staff Attorney Sylvia Blinson, Finance Officer Margaret Regina Wheeler, Clerk to the Board Chairman McNeill called the meeting to order at 7:00 pm. Commissioner Burgin led the pledge of allegiance and invocation. Chairman McNeill called for additions and deletions to the published agenda. Commissioner Burgin moved to approve the agenda as published. Commissioner Andrews seconded the motion which passed unanimously. Vice Chairman Hill moved to approve the items on the consent agenda. Commissioner House seconded the motion and the Board unanimously approved the following items on the consent agenda: 1. Minutes: August 1, 2011 Regular Meeting Minutes 2. Budget Amendments: 19 Cooperative Extension Code 110-7319-465.11-00 110-7319-465.21-00 110-7319-465.21-02 110-7319-465.22-00 110-7319-465.23-00 110-7319-465.26-08 110-7319-465.32-26 110-7319-465.58-14 110-7319-465.60-33 110-0000-331.73-19 Salaries Group Insurance Insurance Expense/HRA FICA Tax Regular Retirement Worker’s Comp Incentives Travel Admin Materials & Supplies Revenue – Adolescent Parenting 34,151 increase 6,124 increase 924 increase 2,617 increase 2,201 increase 523 increase 1,958 increase 6,493 increase 587 increase 55,578 increase August 15, 2011 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 7 27 Health Department Code 110-0000-347.75-52 110-0000-353.75-73 110-0000-353.75-02 110-0000-353.21-00 110-0000-353.75-03 Contributions Nutrition Program Aging – Fans Donations Aging Donations 30 Parks and Recreation Department Code 110-8200-450.11-00 Salaries and Wages 110-8200-450.22-00 FICA Tax Expense 110-8200-450.23-00 Retirement 110-8000-450.31-06 Park Development 110-8200-450.32-78 Special Programs 110-8200-450.55-12 Printing and Binding 110-8200-450.58-01 Training and Meeting 110-8200-450.58-14 Travel Admin 110-8200-450.60-36 Uniforms 110-8200-450.60-53 Dues and Subscriptions 110-8200-450.60-57 Miscellaneous 110-0000-322.82-01 Recreation fees Anderson Creek Senior Center Programs 110-0000-331.82-03 Senior Center 15,000 decrease 15,000 increase 200 increase 700 decrease 500 increase 4,684 decrease 358 decrease 327 decrease 1,000 decrease 1,000 decrease 200 decrease 80 decrease 1,000 decrease 300 decrease 145 decrease 50 decrease 842 decrease 8,302 decrease 3. Tax refunds, rebates and releases (Attachment 1) 4. General Services requested approval of a newly negotiated Republic Services Solid Waste Management five-year agreement for convenience center operations and transport services. 5. Sheriff’s Department requested permission to trade in 46 older model weapons for instore credits totaling $10,545 from Gunner’s Choice in Dunn, NC. 6. Health Department requested permission to submit a grant application to Kate B. Reynolds under the Health Care Division. The funding requested will be used to support operational funds for the Diabetes Self-Management and education programming for low-income residents of Harnett County. No matching funds are required. The Harnett County Board of Health approved to submit this grant application at its meeting on July 21, 2011. 7. Health Department requested permission to submit a grant application to Susan G. Komen for the Cure-NC Triangle Division for the 2011-2012 grant cycle requesting funding for the Mammography program which provides screening, education, and outreach through the health department to under/uninsured women in Harnett County. No matching funds are required. The Harnett County Board of Health approved to submit this grant application at its meeting on July 21, 2011. August 15, 2011 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 7 8. Cooperative Extension requested permission to accept $37,945 in grant funds from the Division of Child Development for the purpose of reinstating the employment of Parent Referral Specialist, Nancy Lee (terminated June 30th due to lack of funding) and hire one additional Parent Referral Specialist. Both employees would be hired as part time employees with no benefits. 9. Public Utilities requested the Board to accept a $7,007,100 Clean Water State Revolving Loan for the Erwin Wastewater Improvement Project. This loan will fund the Erwin Wastewater Improvements Project. The loan term is 20 years and currently carries an interest rate of 2.445%. (Attachment 2) 10. Approval of the Policies Governing the Use of the Commons Room Area 11. Planning Services requested permission to apply for a reimbursement grant through NC DENR for the Abandoned Mobile Home Removal Grant Program in the amount of $37,500. This grant will allow staff to continue their efforts in administering the AMPI Program. There is no county match required. 12. County Engineer requested approval of the interlocal agreement between the Town of Lillington and County of Harnett. The agreement addresses the water main to serve the Brightwater Business Park, participation in the sidewalk construction for US 401 improvements and the construction of a manual bar screen needed for the Town’s pump station to screen sewage from the County Government Complex. Chairman McNeill opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation. - - Mr. Carl McGarity, 1580 Loop Road in Bunnlevel, spoke about the need to regulate shooting ranges in Harnett County and distributed a handout to commissioners. He noted the current guidelines for shooting ranges reads “the amount of noise generated shall not disrupt the activities of the adjacent land uses” which he said is subjective with no way to measure the noise level. Mrs. Barbara McKoy asked about the status of the Policies Governing the Use of the Commons Room Area which was approved in the consent agenda prior to this public comment period. Commissioner Andrews moved to approve the appointment listed below. Commissioner Burgin seconded the motion which passed unanimously. Johnston-Lee-Harnett Community Action, Inc. Ursela McLean (nominated by Vice Chairman Hill) was reappointed to serve an additional two year term expiring February 28, 2013. August 15, 2011 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 7 Lynn Lambert, 4-H Agent, recognized Mason Blinson, Victoria Cutler, Veronica Campbell, Taylor Miles and Adrianna McNeill who were present from the dozen youth, ages 13-18, that had just completed the Harnett Citizenship Focus Day Camp. Mrs. Lambert noted the purpose of the day camp is to empower teens to become active citizens by understanding how local government operates and how they can become involved. It is the hope that teens, after completing this day camp, will identify project areas and action plans to implement in their communities. Ms. Mason Blinson shared her experience as the group preformed a mock county commissioner election process. She said they also went through a budgeting exercise, with the help of Harnett County Finance staff, where they had to defend their particular budget and learned it was a difficult process. Mrs. Lambert reported that Ms. Veronica Campbell had recently attended the National 4-H Conference and Ms. Kayla Hill would be representing Harnett County at the upcoming NCACC 4-H Youth Summit. Mrs. Lambert recognized youth that had recently earned state level 4-H recognition. Ms. Victoria Cutler placed silver (ages 14–18) with her presentation on wool gathering in the area of heritage crafts, Ms. Mason Blinson placed silver (ages 11-12) in the area of livestock management, and Spencer Hunter Lashbrook placed gold (ages 9-10) in wheels and engines category with his presentation of radio controlled aircraft. Mr. Alvin McArtan, President of the Sandhills Antique Farm Club, presented an annual report. Mr. McArtan announced the club was celebrating their 11th year anniversary this year and he was proud of their accomplishments and thanked commissioners for their support. Mr. Bill King, a member of the Board of Directors for the club, updated the board on their progress and the many additions of equipment to the club. Mr. King reported the club has purchased parking lot lights from an old Food Lion with plans to install for night lighting as well as constructing and installing a park sign. Mr. King also reported the club has established a benevolence fund to donate to needy families as well as establishing a scholarship program for high school seniors studying in an agricultural related field. Mr. Donald Thomas, Treasurer, stated the club currently has between 60 and 70 member families and updated the group on events and activities of the Sandhills Antique Farm Equipment Club. Mark Locklear, Planning Manager, petitioned the Board for a public hearing on the Proposed Rezoning, Owner of Record: Kathelene Faust & Rhonda Wilson, Applicant: Dallas West, 2 tracts – 18.29 +/- acres, From RA-20M to Commercial Zoning District, SR: 1124 Rambeaut Road, Anderson Creek Township. Mr. Locklear reported the two sites consist of manufactured homes, a vacant car lot and vacant land. Surrounding land uses consist of manufactured homes, single family residences, a welding shop, and junkyard. This property is located approximately one half mile from the intersection of Hwy 210 S and Ray Road, which is predominately commercial land uses. Mr. Locklear also August 15, 2011 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 7 reported, as required for all zoning changes, within a five mile radius of Fort Bragg, the Regional Land Use Advisory Commission was contacted and had no issues with this rezoning. A public hearing was held by the Planning Board on July 5, 2011. The Planning Board unanimously voted to recommend to that the County Commissioners approve the request based upon favorable findings of fact and that the site is contiguous to existing commercial zoning. 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: In the vicinity of the subject properties, nonresidential development has continued from Hwy 210 S along Ray Road and the requested zoning change to Commercial will not have a negative impact on the surrounding properties or the community. - The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning to Commercial is compatible with the existing Land Use Classification of Compact Mixed Use. This classification is meant to encourage a combination of different residential types such as small lot single family, multi-family, commercial, and institutional uses. - The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The proposed commercial zoning is more appropriate for both sites due to properties to the East that are zoned commercial. The proposed zoning would enhance the public health and general welfare. - The request is not for a SMALL SCALE REZONING and should not be evaluated for reasonableness. REASONING: The two sites are contiguous to Commercial zoning and therefore, it is not necessary to evaluate this site for a small scale rezoning. 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 this rezoning request be approved. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman McNeill closed the public hearing. Commissioner Burgin moved to approve the rezoning request as presented. Commissioner Andrews seconded the motion which passed unanimously. Mark Locklear, Planning Manager, petitioned the Board for a public hearing on Proposed Text Amendments, Applicant: H2O Fowl Farms LLC, Andy Howard, Zoning Ordinance: Article VI, Section 11.3 – Shooting Range. Mr. Locklear reported a public hearing was held by the Planning Board on July 5, 2012, where a request was presented to increase safety precautions for shooting ranges. Mr. Andy Howard has been issued a Conditional Use Permit for a “shooting range” and is in the process of proceeding with his “site plan” permits. It was noted by staff members that the Unified Development Ordinance (UDO) that is currently being developed will contain increased safety provisions however; Mr. Howard requested that they be considered and adopted before he proceeds. August 15, 2011 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 7 It was noted that Planning Board members expressed concerns with noise, hours of operation and distance from residences. Mr. Locklear noted that the Board of Adjustment considers applications on a case by case basis and has the power of placing certain conditions on each use. There was further discussion among Planning Board members regarding whether or not to include a fence around the actual shooting range. The Planning Board voted five to one to recommend approval of the amendment with the stipulation that planning staff present information back to the Planning Board regarding fence requirements in the proposed UDO. Mr. Locklear said Mr. Howard submitted some proposed regulations to them and they had worked with closely with him to come up with regulations they feel are more stringent and make the ordinance stronger. Mr. Locklear said some of the proposed regulations were taken straight from the NRA guide. Mr. Locklear said the proposed text amendments address the size and type of berms, require the firing line to include baffles and require that warning signs be placed along range boundaries to take the place of six-foot fence requirement which they feel gives a false sense of security. Mr. Locklear noted the current noise ordinance, which is enforced through the Sheriff’s Office, does not include decimal levels for measuring noise. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. - - - - Andy Howard of 3494 Fairground Road spoke in favor of this request. Mr. Howard submitted to the commissioners a copy of a letter from the Town of Coats Police Department supporting this request as well as supporting H20 Waterfowl Range. Steven Fry of Fairground Road spoke in support of this request saying it is important to have a facility where law enforcement can train. Scott Tripp of Coats, who is also the Chairman of the Harnett County Board of Adjustments, spoke in support of this request. He asked commissioners to please look at each one of these requests individually. He said the requirement of fencing is an issue. Bill King of 1663 Loop Road commended Mr. Howard for his efforts and asked to make existing shooting ranges adhere to these standards within a year. He also stated his belief that it should be a requirement that range owner be the closest living resident of that range commenting “that a person living 35 miles away doesn’t get the same noise level that he is putting neighbors through”. Carl McGarity of Loop Road said he is not in favor of removing the fence requirement from the ordinance as a blanket rule but asked that it be looked at on a case by case basis. Kent Jeffries of Chalybeate Springs commended Mr. Howard and the Planning Department for attempting to put “teeth” in current requirements for shooting ranges but listed what he thought were deficiencies in the proposed requirements. Seeing no one else move, Chairman McNeill closed the public hearing. Commissioner Burgin moved to approve the proposed text amendments as presented. Commissioner House seconded the motion which passed unanimously. Chairman McNeill did asked staff to research a way to measure noise levels. August 15, 2011 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 7 Mark Locklear, Planning Manager, petitioned the Board for a public hearing on Proposed Amendments to Planning Board By-Laws, Applicant: Harnett County Planning Services, proposed changes address inconsistencies with current procedures as well as a change in the number of members to five while making two members in the overlapping commissioner’s districts alternative members. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman McNeill closed the public hearing. Commissioner Andrews moved to approve the proposed amendments as presented. Commissioner Burgin seconded the motion which passed unanimously. Mr. Sauer presented the following report: July 2011 Veteran Affairs Activities Report June 2011 Landfill Billing Internal Budget Amendments Mr. Sauer reminded the group of their upcoming special session scheduled for Tuesday, August 30, 2012. There was no need for closed session. Chairman McNeill called for any new business. Commissioner House questioned why the landfill billing statement, which was presented during the County Manager’s report, showed an outstanding balance of $500,000 monthly. Staff will research and report back. Commissioner Andrews moved to adjourn the meeting at 8:07 pm. Commissioner Burgin seconded the motion which passed unanimously. ____________________________________ Timothy B. McNeill ______________________________ Margaret Regina Wheeler August 15, 2011 Regular Meeting Minutes Harnett County Board of Commissioners Page 7 of 7