HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting August 20, 2012

The Harnett County Board of Commissioners met in regular session on Monday, August 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, 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 House led the pledge of allegiance and invocation.

Chairman McNeill called for additions and deletions to the published agenda. Chairman McNeill requested the addition of a budget amendment for the Public Utilities Department in the amount of $21,674 to replace a meter truck damaged by fire. Commissioner Burgin moved to approve the agenda as amended. Commissioner Andrews seconded the motion which passed unanimously.

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

1. Minutes: August 6, 2012, Regular Meeting

2. Budget Amendments:

41 Cooperative Extension Code 110-7300-465.35-66 Shopping Matters 500 increase 110-0000-353.73-22 Shopping Matters – Share Our Strength 500 increase

42 Sheriff’s Department Code 110-5103-420.35-67 2011-GP-BX-0018 Pal’s Grant 9,400 increase 110-0000-331.51-28 2011-GP-BX-0018 Pal’s Grant 9,400 increase

August 20, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 or 8 43 Planning Department - Abandoned MFG Home Code 245-8405-465.45-36 Project/Abandoned Home Removal 15,000 increase 245-0000-334.83-04 DENR – Abandoned MFG Home 5,000 increase 245-0000-399.00-00 Fund Balance Appropriated 4,354 decrease 245-0000-389.10-00 Interfund Transfer General Fund 14,354 increase

44 Planning Department – Other Financing for Abandoned MFG Home Code 110-8701-490.90-68 Interfund Transfer – Abandoned Home 14,354 increase 110-8800-490.32-16 Contingency 14,354 decrease

47 Cooperative Extension Code 110-7300-465.32-31 4-H 995 decrease 110-7300-465.12-00 Salaries & Wages Part-time 865 increase 110-7300-465.22-00 FICA 66 increase 110-7300-465.26-08 Workman’s Compensation 64 increase

48 Sheriff’s Department Code 110-5100-420.43-21 Maintenance & Repair Auto 8,534 increase 110-0000-356.30-00 Insurance Claims 8,534 increase

49 Cooperative Extension, Pesticide Recycling Program Code 110-7300-465.32-39 Pesticide Recycling 1,895 increase 110-0000-334.73-19 Pesticide Environmental Trust Fund 1,895 increase

50 Cooperative Extension 4-H Teen Court & At-Risk Youth Development Code 110-7324-465.11-00 Salaries & Wages 19,360 increase 110-7324-465.22-00 FICA 1,481 increase 110-7324-465.26-08 Workman’s Compensation 743 increase 110-7324-465.23-00 Retirement 1,349 increase 110-7324-465.21-00 Group Insurance (Medicare & Health) (10 mos) 4,200 increase 110-7324-465.60-47 Food & Provisions 1,100 increase 110-7324-465.58-01 Training and Meetings 2,100 increase 110-7324-465.60-33 Materials & Supplies 5,976 increase 110-7324-465.58-14 Travel 1,200 increase

110-7324-465.32-26 Incentives 1,261 increase 110-7324-465.52-54 Insurance Bonds 100 increase 110-7324-465.21-04 Health Savings Account 880 increase 110-7324-465.21-05 Employee Clinic 250 increase 110-0000-334-73-24 4-H Teen Court At Risk Youth Dev. 40,000 increase

August 20, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 or 8 51 Administration Department Code 110-4150-410.12-00 Salaries & Wages 8,633 increase 110-4150-410.22-00 FICA Tax Expense 660 increase 110-4150-410.26-08 Worker’s Compensation 51 increase 110-8800-490.32-16 Contingency 9,344 decrease

52 Public Utilities Department Code 531-9000-431.74-74 Capital Outlay/Capital Outlay – Equipment 21,674 increase

531-0000-356.30-00 Reimbursement/Insurance Claim 21,674 increase

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

4. Sherriff’s Office requested permission to accept the Governor’s Crime Commissioner PAL’s Grant in the amount of $9,400. There is no county match required.

5. Sheriff’s Office requested permission to accept a grant from the Office of Justice Program under the FY 2012 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $14,563. The funds will be used to purchase a mobile computer, CAD software and mapping software for patrol deputies. This software will enable deputies to respond to calls and to complete other tasks more efficiently. There is no local match required.

6. Planning Service’s Community Development Administrator requested approval of the grant agreement contract for 2011 CDBG Scattered Site Housing Project Grant in the amount of $400,000. There is no local match required.

7. Cooperative Extension requested permission to accept grant funding from the North Carolina Department of Agriculture (NCDA) in the amount of $1,895 to house a Pesticide Container Recycling Unit on the back grounds of the Harnett County Agriculture Center in Harnett County.

8. Cooperative Extension requested permission to accept funding from Wal-Mart for funding for the Shopping Matters program in the amount $1,200.

9. Harnett County 4-H requested permission to accept a donation from Farm Bureau of Harnett County in the amount of $7,500 for the purchase of a 12’x20’ storage building to be installed behind the Agriculture Center.

10. Planning Services, on behalf of Harnett County Housing, requested approval of resolution approving SEMAP Certification for Fiscal Year ending June 30, 2012. (Attachment 2)

August 20, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 or 8 11. Emergency Services requested authorization to accept award from NC Department of Crime Control & Public Safety’s Division of Emergency Management in the amount of

$35,000. This is the first of two awards. This total reflects a universal amount that the county is eligible to receive provided all universal activities are completed and documentation is approved by the State before September 30, 2013.

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

- Catherine Evans, Treasurer for the Harnett County Arts Council, Inc., thanked the commissioners for their past support and requested $6,000 to support the council’s community efforts; noting the council would match this contribution with fundraisers, sponsorships contributions, memberships and art sales. Mrs. Evans also shared details and pictures of some activities recently sponsored by the council.

- The following citizens spoke in support of building a new middle school using QSCB money with little or no interest: . Lisa Teston of 818 Rainey Drive . Victoria Hall of 426 Green Spring Drive and president of Highland Elementary School’s PTO . Kim Hasty, who recently moved here from Tennessee . Rosemary Buerger of 76 Anson Lane . Donna Parker of 1139 Yarington Road . Tammy Pope of 61 Bluebird Court . Chastity Harwell of Highland Forest Drive in Sanford . Eldon Sloan of 84 Sloan Road in Broadway . Joe Miller of 136 Vick Keith Road . Kerri Burrell of 494 Crown Pointe

- Melissa Johnson, who recently moved to Harnett County from Colorado, said she was never informed about the over-crowding in the schools. She said real estate agents are unaware of this. Mrs. Johnson’s son now must attend a school 37 minutes away from their home. She said people want to live in Harnett County because the taxes are so low but asked commissioners where they plan to put the additional kids that will come as a result of over 800 houses currently on the market in Harnett County.

- Mr. Kevin Gregory, Harnett County Board of Education member, reported the enrollment in the Harnett County school system was currently 20,329 students. Mr. Gregory questioned a moratorium on building but said something has to be done now, collectively, to fix this situation.

Chairman McNeill noted the county is required to educate each child that comes to it. He told citizens if the county did not use this zero interest money now, the same school would cost an additional $15 Million in interest later. Chairman McNeill said he believed an increase in sales August 20, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 or 8 tax would be the way to go but noted this option had been voted down three times previously in Harnett County. He said the increase would generate $1.3 million a year which could go toward payments on this school. Chairman McNeill also encouraged citizens to contact their legislators.

Alvin McArtan, Bill King and Tom Steves presented the annual presentation for the Sandhills Antique Farm Equipment Club. The club now has 63 families who support the mission “To preserve southern agriculture heritage through restoration and display of antique farm equipment at work, and to provide fun and educational family activities for North Carolinians of all ages”. The gentlemen gave an overview of activities at the Sandhills Farm Park; club involvement in the community including scholarships and a benevolent fund; and community activities supported with demonstrations and/or static displays.

Mr. Sauer presented for consideration a resolution calling for a public hearing with respect to a Proposed Installment Financing Contract for Highland Middle School. Mr. Sauer noted this step was in keeping with the recently adopted schedule proposed by bond counsel for the potential financing. Mr. Sauer also noted folks were available for questions if needed.

Commissioner Burgin, in talking with a representative from Hite Associates, said he believes a new middle school can be constructed for less than $30 Million. Commissioner Burgin said he had heard it said that we will need between $138 and $148 Million for schools over the next 5 to 10 years and the ¼ cent sales increase will only generate $1.3 Million. He said he thinks they should take a multi-part approach to deal with this which would include building less expensive schools, redistricting, look at using existing buildings, charters schools, vouchers, etc.

Mr. Robbie Ferris, CEO and President of SfL+a Architects who designed the proposed middle school, said he had worked on various options since an earlier discussion with Commissioner Burgin. Mr. Ferris said there are costs associated with upgrades which should result in tremendous savings over time. Mr. Ferris said upgrades for the proposed middle school would save approximately $9.6 Million over 40 years. Mr. Ferris said moving forward the county should seriously consider leasing a new school which would save $14 Million over 40 years which is considered the life cycle of the building however Mr. Ferris did not recommend the leasing option in this case given QSCB funds were available.

Dr. Tony Parker, with Hite Associates and a former Johnston County Superintendent, said he had responded when asked what his company could do and stressed they build high quality schools for less money. He said his company uses USA model elements as well as common sense elements.

Chairman McNeill said he believes the die is cast is for this school and doesn’t think Hite Associates has enough time to meet this schedule but could be considered going forward with other projects. Chairman McNeill also mentioned his understanding that Bertie County is struggling to figure out how to pay for a school that came in over budget recently built by Hite Associates. Mr. Parker responded the sight work came back higher on that project but said a high school for 900 students built for around $20 million was still good for a high school. The chairman noted the proposed $30 Million included athletic fields, furniture, computer lines, and August 20, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 or 8 all other soft costs to get the school key ready. Mr. Parker says the cost for his schools also includes soft costs.

Chairman McNeill moved to adopt the Resolution of the Board of Commissioners of the County of Harnett, North Carolina, Calling for a Public Hearing with Respect to a Proposed Installment Financing Contract. Commissioner Andrews seconded the motion which passed unanimously. (Attachment 3)

Mark Locklear petitioned the Board for a public hearing regarding a Proposed Zoning Request: Owner of Record: Bradley Allen Lee; From RA-30 to RA-20M Zoning, 1.12 +/- acres, 309 Kivett Road Neill’s Creek Township. Mr. Locklear noted the site is occupied by a single family dwelling and the surrounding land uses consist of singlewide manufactured homes, single family dwelling, Kivett Corner Apartments and vacant land. Campbell University is in close proximity to this site.

Staff reported a public hearing was held by the Planning Board on Monday, July 2, 2012. Mr. Elmore made a motion with Mr. Robinson seconding to recommend that the County Commissioners approve the request. The motion failed with a two-to-three vote with Ms. Web, Mr. Bullion and Ms. Wood opposed. Commissioner Burgin questioned if the planning board had listed their findings when they voted against this. Mr. Locklear said he believed two citizens spoke against the rezoning request during the public hearing because they feared mobile homes would be placed on the property. It was clarified that if this property was rezoned, a mobile home could be placed on the property but the applicant must receive a special use permit to operate a mobile home park on this site.

Mr. Locklear reported staff 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 zoning district is compatible with 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 subject properties are located within a Municipal Growth Boundary, which is intended to promote compact development. - The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The request zoning district is compatible with the general vicinity of the site due to the nature of current surrounding land uses. - This request is NOT for a small scale rezoning. REASONING: This site is contiguous to existing RA-20M zoning, which is across the street and therefore should not be evaluated for a small scale rezoning request. Suggested Statement-of-Consistency: Staff concludes that the requested rezoning to RA-20M 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

August 20, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 or 8 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.

- Bradley Allen Lee, applicant, stressed his intent for the property was to build townhouses or -apartments to rent. Tyrus Clayton, the engineer hired by Mr. Lee, distributed packages to the commissioners detailing the proposed use for this land which was to leave the single family dwelling as is and develop on the remaining property. - Dan Edgerton, who lives in Raleigh but owns the property behind and across the street from this site, stated his was opposition to this rezoning request. Mr. Edgerton said if things don’t go well for Mr. Lee, manufactured homes could be placed on the property and he doesn’t feel that this is the time to be lowering the zoning standards. - Mr. Lee and Mr. Clayton assured the Board; even though Mr. Lee does not currently have his financing line up for this project, he does not intend to put a mobile home on this property.

Seeing no one move, Chairman McNeill closed the public hearing. Chairman McNeill said he believes it is a good project but he can’t see lowering the property value by placing a mobile home on the property. Chairman McNeill moved to approve the rezoning request as presented. Commissioner House seconded the motion which passed unanimously.

Mr. Sauer reminded the group of their upcoming August 28, 2012, special session. Mr. Sauer also provided follow-up on several earlier inquiries. He reported fees paid to-date to Nexsen Pruet Law Firm totals $38,164. Mr. Sauer reported that the Harnett Forward Together Committee had solicited six firms for the mowing of the Brighwater Campus with Davenport coming in the lowest with a bid of $9,600 a year. Phyllis Owens, Director of Economic Development, said they called various recommended lawn care companies.

Mr. Sauer also reported that Mr. Bill Smith, RedRock Construction, assured him they were making efforts to engage local contractors as much as possible for construction of the community college building. It was noted that Wellons Corp. has the grading and site work for a contract over $1 Million; Southeastern Interiors has all of the carpet and tile work for the flooring for a contract in excess of $200,00; they are securing hardware and lumber from J.E. Womble; and the project signs are being produced by Larry’s Sign Shop.

Commissioner House moved that the Board go in to closed session to discuss matters relating to the location or expansion of industries or other businesses in Harnett County. This motion was made pursuant to N.C. General Statute Section 143-318.11(a)(4). The motion was seconded by Vice Chairman Hill and passed unanimously.

August 20, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 7 or 8 Vice Chairman Hilled moved that the Board come out of closed session. Commissioner Andrews seconded the motion which passed unanimously.

Chairman McNeill called for any new business. Commissioner Burgin asked Finance Officer Sylvia Blinson about her progress regarding the county asset audit which Mrs. Blinson proposed performing the audit mostly in-house which she believed would take approximately one week but was still working out the details.

Commissioner Burgin reported that he had recently spoken with Mr. Bob Segal at the NCACC conference. He said Mr. Segal informed him that the company previously interested in placing solar panels on top of the new detention center was willing to pay twice as much money to do this now. Mr. Sauer said they could consider this as long as it did not involve a purchase at the end. Mr. Burgin also noted Mr. Segal’s interest in providing the county with a quote to perform the upcoming asset audit.

At 9:19 pm Vice Chairman Hill moved to adjourn the meeting. Commissioner Andrews seconded the motion which passed unanimously.

______Timothy B. McNeill, Chairman Margaret Regina Wheeler, Clerk

August 20, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 8 or 8