Board of Commissioners March 16

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[0:09] I'll go ahead and call the march. The March 17th Board of Commissioners, regular meeting to order. I'd like to welcome everyone here tonight. Just want to point out we are. Everybody knows we are in the historic courthouse. A hundred year old, uh, anniversary, 100 anniversary. Uh, this week, we thought it was fitting to do at least one meeting a year in this great facility, and thought it was fitting to do the meeting tonight. Here. Uh, based on the timing. So, again, thank everyone for being here, and we'll go ahead and move forward. I would like to ask Vice Chairman Jones to lead us in the invocation and the pledge.
[0:49] All those again, please stand.
[0:55] Heavenly father, we just thank you. We thank you for this anniversary celebration. We thank you for all the leaders in our community and all the families and individuals that put forth, as we all have a way of giving our gifts and talents to our community. God, we thank you for this opportunity to serve for our community. We ask that you will keep all of our responders safe. That you will keep our military safe and just keep each individual families and individuals safe here in our community. God, we ask that everything will be done in decency and order. And we thank you for this second Cullman County state of the address. And we ask that the mission and the vision that was stated tonight will move forward. In Jesus name, we pray.
[1:52] Amen.
[1:55] At this time, we'll go ahead and move to the public. Comment period. I'd like to call on. I have to look around on where people are down here. I'll call on County Manager Greer to provide the board rules and procedures for the public comment period.
[2:12] Yes, the public comment period procedures are as follows. Public comment period should last no longer in the 15 minutes time. Time may be extended at the discretion of the board. Each speaker shall have a maximum of three minutes to make remarks until the 15 minute limit is attained. No time may be yielded by a speaker to another speaker. Speakers will be acknowledged by the board in the name in which their names appear upon the sign up sheet. Speakers will address the board from the lectern and begin their remarks by stating their name and address. Public comment is not intended to require the board to answer any impromptu questions. Speakers will not discuss the matters regarding the candidacy of any person seeking public office. Speakers will be courteous in their language and presentation. Personal attacks will not be tolerated. Written comments and or supporting documents may be left with the clerk to the board.
[3:07] Thank you. Card manager. Greer. At this time, I'll go ahead and open the public comment.
[3:19] Gary.
[3:30] There are no other speakers.
[3:32] This time, we'll go ahead and close the public comment period, and we'll move to item one, approval of the agenda. Are there any county manager? Greer, are there any changes or updates to the agenda?
[3:46] Uh, yes. Chairman. Debbie. Yeah, there's one change to the agenda. We need to add a closed session, uh, to related to property acquisition.
[3:56] Commissioners. Any other changes to the agenda?
[4:01] Hearing none. I'll entertain a motion to approve the agenda. Vice Chairman Jones, you're recognized.
[4:05] Yes. I moved to approve the agenda.
[4:07] Second. Got a motion to approve the agenda with the additional closed session. Some properly seconded. Any discussion or comments on the motion? Hearing none. Ask for your vote. All in favor, raise your right hand.
[4:21] Unanimous.
[4:22] We'll go ahead and move forward to item two. Consent agenda. Commissioners, are there any updates to the consent agenda?
[4:32] Hearing none. I'll entertain a motion to approve the consent agenda. Vice Chairman Jones, you're recognized.
[4:37] Yes. I move to approve the consent agenda.
[4:40] Second, we got a motion on the floor to approve the consent agenda that's been properly seconded. Any discussion or comments on the motion? Hearing none. I'll ask for your vote. All in favor, raise your right hand.
[4:52] Unanimous.
[4:54] We'll go ahead and move to item three. Public hearings. County manager Greer. I'll call on you to provide the board rules and procedures for public hearings.
[5:04] The public hearing procedures are as follows. Arguments by the proponents and opponents should be limited to a maximum of ten minutes per side. If there's no group representative each. Each speaker shall be allotted a maximum of three minutes until the ten minute time period is attained. Rebuttals will only be permitted at the discretion of the chairman, with a maximum of one three minute presentation by each side. And tonight, chairman, we have four public hearings tonight.
[5:33] Thank you, County Manager Greer. We'll go ahead and move to three A case Z00. Excuse me. Zero N 26 0001. County Manager Greer, if you'll introduce the item.
[5:46] Yes, uh, the first, uh, public hearing will be presented by Ross Howard, director of Planning and Inspections, and he will provide an overview and answer any questions you may have.
[5:59] Good evening.
[6:00] As stated, this is case Z win 26 0001. Let me see if I can get this open screen.
[6:08] And Director Howard, if you will give us the shorter brief. And then we'll see if commissioners have any questions.
[6:15] Okay. So this is con 2601. You can see by the highlighted star where this is located. This is just located in the more the central part of the county just south of the Fayetteville city line. Uh, the case itself is a rezoning, uh, from an IP plan office and institutional to C1P plan local business. The Afghan owners, Ronnie, Donnie and James Marley, the agents, uh, Vernard Whitfield. The intent is to put a small little coffee shop. Or at least I was expressed to us. Or some sort of small commercial operation. Uh, as you can see that the highlighted. Let's see if I can get this thing to work. It's a little small lot that you see cross hatched right here that sits on the cone of ow and drive, and I think it says dire drive. There's a street that runs right here, but it's sort of a mix match of in and out of city, the city limits of Fayetteville and and the county. But this particular location is in Cumberland County. Um, I can go through this pretty quickly, as you stated, Mr. Chairman. Uh, there is water and sewer out in this part of the county. Uh, this park is fully served. Uh, when you when staff look at this against this Southwest Cumberland land use plan, which is the plan that this particular property is located in. It calls for mixed use with associated zoning districts. For commercial, you can see the various mixed use goals and objectives in the plan, uh, before you that contemplate a mixture of residential, office and institutional uses and creating an atmosphere that supports existing and future commercial staff felt it was planned, compliant. And so we, uh, had made our recommendation as such. This is the property in question. Staring of the street. This is looking west along own drive with the site immediately on the left hand side. This is looking east with the site immediately on the right hand side. This is the house in question that you see right there at the far end of the photograph. Staff does recommend approval of the request. When we took this to the planning board, they supported it by 9 to 0 vote. So I'll be happy to answer any questions if you have them.
[8:08] Commissioners, any questions before we move to the public hearing? No hearing. None at this time. I'll go ahead and open the public hearing. Madam clerk, are there any speakers?
[8:17] There are no speakers.
[8:18] Go ahead and close the public hearing. Commissioners, are there any questions or comments on this case?
[8:27] Hearing none. I'll entertain a motion. Commissioner Patel, you're recognized. Thank you, Mr.
[9:02] Second.
[9:04] We got a motion to approve the rezoning request from Owen IP to C1. It's been properly seconded. Any discussion or comments on the motion? Hearing none. I'll entertain your vote. All in favor, raise your right hand.
[9:22] Unanimous.
[9:24] We'll go ahead and move to item B, case z o n 26 004.
[9:32] Thank you very much, Mr. Chairman. So as you stated, this is Kcon 26 004. You can see by the highlighted star on the location map. This is located up in the north eastern part of the county. Uh, the applicant owners, Bobby Barefoot and Yolanda Barefoot. Uh, the request is to go from r 40 a c d residential to A-1 agricultural. So this is, by all intents and purposes, is a down zoning of the property. Uh, it is our 40 acres. So the only conditions that are currently on the property is there's a use limitation that, uh, pretty much restricts it to a scrap salvage yard or, and or a residential use. So that would be, if it's approved, would be removing that use off of here and going to the default A-1 zoning district and all the uses that are associated with that designation for just a little under ten acres. Here's a zoning map you can see pretty much it's completely surrounded by A-1. You have some are just across the street, but for the most part, I believe the owners actually live in this property right here. That's A-1. I don't know if you can see my arrow up on the screen or in front of you. So they also own this horseshoe property. It does not include these two properties that are in the middle, which are owned by different owners. You see an aerial close up? There is no. There is a water line out in this area, but there is no sewer. You can see some hydrofoils are on the property moving forward. When staff review this against the Bethany Land Use plan, which is where this is located. It does designated as rural. You can see the goals and objectives in there, but basically is to preserve and to try and um, uh, I guess like preserve the character or like the rural character of that particular area. The associated zoning districts, which would be acceptable are A1 and A1, A, R 40 and R 40 A. So the request is consistent with the adopted land use plan. This is the subject property.
[11:19] This is the Westfield on Goldsboro Road with the property immediately on the left hand side. You can see the county vehicle out here putting the signs. This is the north view looking immediately across the street. And this is the east view. And you can see the sign that's out in the yard for the property itself. So that's a good. The Goldsborough Road staff does recommend approval of the request. And we took this to the planning board last month where they supported that by a non zero vote. So I'm trying to keep this as quick as possible. So if I'm going too quick please please let me know.
[11:46] Thank you Director Howard. Commissioners questions or comments on this before we open the public hearing. Vice Chairman Jones, you're recognized.
[11:55] Thank you, Mr. Chairman. I'll make it quick. Just for the education of our listening audience and those that are here. Can you briefly explain to our community the difference from where there are 40 aq d? Although we know that and what the district of A1 is. Can you tell them the difference, please?
[12:10] Yes, ma'am. Thank you. So if this was just straight R 40 A, it would be the same thing as R 40 which is 40,000 minimum lot sizes. Our 40 would be just stick built homes. When you add the A designation after that, that just means you can add a manufactured home. So that's the only split of that since it was a conditional use district. That that means that this board at some point in the past, had put conditions on that property to either limit all sorts of types of development. In this particular case, there was a use limitation that had limited to a scrap yard and a residential use, either one of those two. So it was pretty restrictive. So with this action, when it goes to A1, it's going to default to more of the agricultural uses that are allowed, which can be some small commercial uses. But for the most part you see a lot of like larger lot residential types of uses going in those districts.
[12:58] Thank you, Mr. Allen, I appreciate that.
[12:59] No problem.
[13:00] Thank you.
[13:01] Okay.
[13:02] Any other comments or questions before we move to the public hearing? None. At this time, I'll go ahead and open the public hearing. Madam clerk, are there any speakers?
[13:11] There are no speakers.
[13:12] I'll go ahead and close public hearing. Commissioners. Any questions? Additional questions or comments for Director Howard? Hearing none. I'll entertain a motion. Commissioner Faircloth, you're recognized. Thank you, Mr.
[13:53] Second.
[13:54] We've got a motion to approve the rezoning request from R 40 A to A-1 agricultural. That's been properly seconded. Any discussion or comments on the motion? Hearing none. I'll ask for your vote. All in favor, raise your right hand.
[14:11] Unanimous.
[14:12] We'll go ahead and move to item C, case z o n 26 0005. Director Howard, you're recognized.
[14:20] I think I got the text frozen here.
[14:26] I have the presentation.
[14:27] Up on my screen, but it's not up.
[14:28] On the screen.
[14:39] I think you're trying to look.
[14:40] Just give us a second and we'll see if we can get technology fixed. Thank you.
[15:00] As well.
[15:28] So that you.
[15:31] Know Just.
[15:34] Thank you.
[15:34] Danny.
[15:36] All right. So real quickly, so you can see by the highlighted star commissioners, uh, this is case, um, zone 2605. You can see by the highlighted star this is in the north central area of the county, uh, up towards the Harnett county line. Uh, the applicant owner is McCormick Farms Limited Partnership. The agent is Scott Flowers. Uh, the request is to go from RR rural residential and ND plan neighborhood development to A-1 agricultural. Again, this is a down zoning, if you like. Remember a couple months back we had a couple of these cases where they were large acreage cases and so forth. This is kind of part of all of that sort of effort out there to take property back to its agricultural, uh, you know, like designations. So the intent is just to put all the uses back into a one for about 82 acres. You can see highlighted here. This is, um, McBride Street, as you can see here, this is E Reeves Bridge Road. This is the cross section for that here. But for for the most part, this site is located off McBride. Uh, you can see the zoning. As I said, this is going from RMP and D, so you can see that even the maps that are so fresh. Uh, we we had this, uh, staff report that was designated in February. They just updated the maps in our county zoning system. So they're not reflective yet, but they are reflective online. They're just not in our staff reports here. But you can see, um, all of this down here is currently A1, per the board's action a few months back, currently wooded for the most part. You see that, uh, there's no water and sewer out in this area. Does have hydrogen and hydrogen inclusion soils. Uh, when we looked at this against the applicable land use plan, this is subject to the North Central Area Land Use Plan, which is adopted in 2024, which calls for rural, agricultural and open space. When you look at the goals and objectives that talk about preserving agricultural agriculture and the rural character of areas, those are the applicable goals and objectives that pretty much summarize what you see on the right. So staff felt that the request was consistent with the adopted land use plan as A1 and A1, A and R, 40 or 40 A are Designated districts that would be acceptable. This is the subject property. Standing on McBryde Street. Looking in through the gate. This is the northeast view, with the subject sited immediately on the left hand side. You can see the required zoning sign out in front on the street. This is the southeast view on McBride Street. And then this is the southwest view on McBride Street looking in that direction. So when we took this to the planning board last month, staff had, um.
[17:57] We had recommended approval of the request. The planning board ultimately supported that request by a 9 to 0 vote. So I'll try to answer any questions if you have them.
[18:05] Commissioners, any questions or comments on this case? Before we move to a public hearing. Seeing none, we'll go ahead and open the public hearing. Madam clerk, are there any speakers?
[18:17] You have one speaker, Scott Flowers.
[18:27] Good evening, Mr. Chairman, and ladies and gentlemen of the board. Good evening. As Madam Clerk stated, my name is Scott Flowers. I'm with the Hutchins Law firm. My address is 4317 Ramsay Street, Fayetteville. I represent and am here on behalf of the owner and applicant, McCormick farms. Uh, with me tonight is Tom Brooks from the McCormick family. Uh, as, uh, the director stated, if you recall, I was with you a couple of months ago, and at that time, uh, you approved the, uh, request to rezone to A-1 the surrounding tracks. Um, at that time, the family did not own this track because a family member had sold it to a third party. That's why it wasn't included in that request. The family has since been able to acquire this property back, and now seeks to, uh, proceed with the rezoning of this property as well. I'd be happy to answer any questions you have. I won't waste your time by repeating everything that the director said about the request.
[19:29] Thank you sir.
[19:30] Thank you very much.
[19:31] Madam clerk, are there any additional speakers?
[19:33] There are no other speakers.
[19:34] Go ahead and close the public hearing for this case. Uh, commissioners, any questions or comments on this case?
[19:45] Seeing none. I'll entertain a motion. Commissioner Thyssen, you're recognized. Thank you, Mr. Chairman. I'll make a motion that.
[19:51] We approve.
[19:52] The rezoning request from RR Rural Residential District and ND plan neighborhood development district to A-1 Agricultural District. The board finds that the request is consistent with the North Central Area Land Use Plan, which calls for rural agriculture and open space at this location. This request is reasonable and in the public interest that it is compatible to and in harmony with the surrounding land use activities and zoning.
[20:17] Thank you.
[20:18] We've got a motion to approve the rezoning request from RR R to ND and ND to A1 agricultural. It's been properly seconded. Any discussion or comments on the motion? Hearing none. I'll ask for your vote. All in favor, raise your right hand.
[20:37] Unanimous.
[20:39] We'll go ahead and move to Caisse de. Caisse Zon 26 0003. Director Howard, you're recognized.
[20:47] Thank you, Mr. Chairman. I know we have a few speakers here signed up for this, so I'm going to take a little bit of discretion to go through a little bit more information, if that's okay. Um, this case is located in the south western part of the county. You see, down near the Bladen County line, highlighted by the star. That's on your that's on your screen in front of you. The applicant and owner is Richard Marmara. The request is to go from R 40 a residential to A1 agriculture. Uh, the intent, at least as it's stated, is that the owner had the um, uh, had indicated to staff the the want to put an RV park on the property. This is, uh, sorry. Working on a small space here. This is highway 87 that you can see. This is Critter Creek Road. This subject site is located down what we would consider a substandard class C street. At the end of this, it's about five acres. You can see crosshatch down here. Just a little bit of background on the subdivision. This subdivision was platted in 1971, which predates our subdivision ordinance. So it was all done by deed. So there's no plats currently on file for this particular development. So at the time it was an eight lot subdivision of about 5 to 6 acres apiece. And it's been sort of carved up in various ways since then. But that's essentially where it is, is at the end of this street. Uh, back here in the back part of the subdivision. Um, the majority of the uses around here are single family or manufactured homes. Uh, there is a self-storage place up there just a little bit further up the road. This is the zoning out in the area. As I said, it's r 40 a, which I think that, you know, just going to the question that was here before the R 40 A is for homes and you can put manufactured homes out here as well. So it's not just built, but you can see it's largely surrounded by A1. You do have some R 40 and RR in the district or in the area. This is a blow up of the site itself.
[22:32] Uh, there's no water and sewer out in this particular area. It is in the Gray's Creek Water and Sewer District. So. So it would be on well and septic if it was developed largely flat piece of property. Given the contour maps. We looked at the South central land use plan, which is where this is located. This does designated as farmland, where the goals again is to preserve farm and the rural character of these areas. I'll let you briefly just read through those. But the associated zoning districts are for the farmland designation are A1, A1, A, R, 40 or 40 A, and CD. So staff felt that the request, strictly from a zoning perspective, meant that it was consistent with the land use plan. This is the subject property entrance, which is the West property line. This is going down that substandard class C street that you see. This is pretty much at the entrance of the property off of that dirt road. This is the southwest view. This is the west view. Looking back towards highway 87 off Crater Creek Road, so largely dirt road. Uh, staff does recommend approval of the request. When the planning board heard this last month, they supported that by an 8 to 1 vote. And I just would stress to the board that we had said RV parks. I know there's been discussion about this. So what the board is voting on tonight is not an approval of an RV park. Uh, so the way staff and the way the planning board had looked at this was that you have to get the zoning first. The RV park or any use of an RV park would have to go to the Board of Adjustment to a completely separate and quasi judicial process for them to get a permit in order to be able to put that type of land use on the property. So when we were looking at this, we were like thinking in the mindset of just strictly, is the zoning district appropriate for that particular area, knowing that they would have to go through another process for the approval of that type of use? I'll just leave it at that if you got any questions.
[24:17] Commissioners, any questions before we move to the public hearing? Vice Chairman Jones, you're recognized.
[24:22] Thank you, Mr. Chairman. And thank you, Mr. Howard. I do have a question because I want to make sure that I'm understanding this correctly. Yes, ma'am. So you stated that for tonight's vote. And when they say RV Park, is that, um, Girl Scout, but not too much in the camping, they were requesting to see if they could put, I guess, RVs on there to live in. Is that not correct?
[24:42] Well, not to live in it would just be like for a rental. Just like a typical RV park. Okay, yeah, but to do an RV park, they would have to go through a completely separate process.
[24:50] And so that's what I want to make clear on. So what we're voting on tonight, but you are stating you all did recommend because they'd have to go through another process to see if that this meets the criteria in regards to what they might want to do, but they'd have to go through a second process. Am I hearing that correctly?
[25:05] Yes, ma'am. Absolutely. Okay. You're correct.
[25:07] And so that's okay. Thank you.
[25:10] Anything else, vice chairman?
[25:11] No thank you, Mr.
[25:14] Thank you, you, Mr. Chairman. Uh, director Howard, let's let's talk for a second about this road, because I read the notes from the planning board meeting and saw there was a lot of conversation about it. Yes, sir. I do have some concerns that it is a class C street, to be honest with you, because I know the comment was made by Mr. Moon on your staff that those streets were made to serve no more than four lots, and it does appear based on if you look at the access, it is more than four lots on that street. Let's talk about a minute. Um, ownership of the street and kind of how that works. I also saw in the meeting notes that, um, this is not a MnDOT street. This is a private street. And so I would take it that it would be accessed by easement. Um, my question to you is, do you know if this is an easement by right, or is it prescribed by deed?
[26:05] Um, I think it was prescribed by deed. I think the deed actually had made mention of an easement going through the property.
[26:11] If I may, Mr. Chairman, as follow up. Go ahead. So with with it being prescribed by deed, did that description in the deed um set any terms or limitations to the use of that easement when it was granted?
[26:25] Not to my knowledge. I mean, a lot of those easements from the 70s, especially for these types of rural subdivisions, are really meant just for access. You know, like the vehicle or access to somebody get access to their property.
[26:42] No, sir. I would say that's probably correct.
[26:44] Yeah. Thank you, Mister Chairman.
[26:46] Uh, let me go round one to Commissioner Patel and I'll move back to Vice Chairman Jones. Commissioner Patel, you recognized.
[26:52] Thank you, Mister chairman. Um, and Mister Director Howard kind of on the same question that Commissioner Thyssen asked, with it being, um, an easement prescribed for access. And obviously it's more than four lots on that on that street. Um, if there was to be an upgrade, that would have to likely happen. Uh, how would that process work through? And who would burden in that workflow and cost?
[27:29] No. I think okay. So from what I'm hearing from you is who would basically have to cover cost of upgrade. I mean, unless you get all the owners to be able to agree to it, I believe that all of the owners out there would have to sign on to any type of upgrade to the road, and who would have to pay for all of that, and who would be responsible for all that modern subdivision standards if it was coming in today, obviously you'd have HOAs and you have other types of legal agreements that were put in place, but that doesn't exist here. So the burden would fall, in my opinion, one of the property owners that access that road currently.
[27:58] Okay. Thank you.
[28:00] Anything else? Commissioner? Vice Chairman Jones recognized around to you.
[28:05] Thank you, Mister Chairman. In these discussions that are very valid that Commissioner Thyssen and Commissioner Patel have brought to our to our concern. Would these not be things that if it goes to the second round, as you were stating with the zoning, say, if tonight if we did approve, um, would they not look at those factors and determine that we're saying that they would have to go through another procedure? I just want to be clear on that.
[28:28] Yeah, absolutely. So I mean, you know, at that particular time, it's an evidentiary hearing. So you'd have folks like the fire marshal planning staff, you'd have people signing in saying basically what would have to be upgraded. And a part of our staff report, we would also include all those findings and all those issues that would have to be sort of reviewed by the Board of Adjustment as they go through their machinations of how they want to approve or not approve this.
[28:49] Thank you, Mr.
[28:53] Thank you, Mr.
[28:56] Thank you, Mr. Chairman. With this being legislative and not judicial, there's a lower bar that has to be met in the standard of review.
[29:14] Thank you, Mr.
[29:26] We have eight speakers.
[29:28] Madam clerk, will you call the first speaker, Richard Marmara?
[29:39] Good afternoon. Board. My name is Richard Marmara, owner of 3943 Critical Road. I'm here today just to request A1 zoning for this specific parcel of land.
[29:53] Is that your full statement, sir?
[29:55] Yes, sir.
[29:56] Thank you for your. Thank you.
[29:57] I'm sorry, Mr. Chairman. Did he say he's your.
[29:59] Two requests for.
[30:00] Not correct answer to your request?
[30:01] Thank you.
[30:03] Madam clerk, will you call the next speaker?
[30:05] Jay Phillips.
[30:09] Jay Phillips.
[30:13] Madam clerk, will you call the next speaker?
[30:14] Lynn Elliott.
[30:24] Good evening.
[30:25] Good evening.
[30:25] Good evening.
[30:26] My name is Glenn Elliott. My wife and I live at 8151 North Carolina Highway 87 South. And for those unfamiliar with southern Cumberland County, that's a mile north of the DuPont plant. You see, this is kind of a recognition of the reason we built our home here was to have a rural country lifestyle. The property being considered for rezoning adjoins our property for approximately 200 yards on the North property line. The property in question will be used for long term RV park, giving more traffic and more noise to the area. Let me be perfectly clear. I oppose this rezoning as it will put an end to our country life as we know it now. Thank you.
[31:20] Thank you sir. Madam clerk, will you call the next speaker?
[31:24] Bruce Skinner.
[31:30] Good evening, I'm Bruce Skinner. I live at 3834 Tranquility Road, Fayetteville. Um, I can say that, um, Richard has been through a lot of turmoil. He is trying to make something. An RV park in a place where it's not appropriate. If we change this zoning and allow him to move forward. He's going to continue to spend a whole lot of money. And in this next review, he's going to be denied. If you deny him now, you'll save him some money. I don't feel that the RV park is appropriate in this location. Our county, as Chairman Deaver has told us, is getting ready to do some fantastic growth. So we gotta be ready for some change. But it has to be orderly according to your plans. I would like to be able to recognize that RV park is not a bad deal. And you all been by Camping World, man, they got some nice things, but many people up and down the road you'll see them pulling their RVs and campers. They gotta have somewhere to park. Construction workers. They use RVs a lot. They move to a job. They work there six months and they move to another job. The idea is good. The location is.
[33:03] Big. Thank you.
[33:05] Thank you. Madam clerk, we call the next speaker.
[33:09] Kent.
[33:11] Sir, can you pull up your mantra again? I'll try. You give it a try. My name is Kent Reinecke. I live at 6310 Cornstalk Drive.
[33:25] I wanted to pull up the map as a reference for you all. To show you the property that I own.
[33:30] Sure. Hold on one second. This might be the similar.
[33:32] Thing where I got my wife and I moved out there in 2011. Probably where I'm from. I'm not here. So I'm retired military and decided I didn't. I wasn't working at Fort Bragg, so it was time to get out of the the residential area. So if you look at the the image up there, you'll see the defined area that the property we're talking about. If you look to the one that's just to the south that say that shares of southern border. I own that property, and I own the one to the right. That really long, uh, elongated property immediately to the right or east of the property we're talking about. I've got 120 pecan trees planted in that open area. The intent of moving out there was to get away from the, uh, the urban sprawl that I was experiencing on Timber Croft, and I really liked the community because it was quiet. The area that I live in. The houses around there, they're all designated as ten acre plots for a single residence. So the idea is you had some room to grow and within your property, and I really enjoyed that quiet atmosphere of being out there. This is going to dramatically change my lifestyle. Um, again, because it's not going to meet my expectations. I bought out there, I, I live off of an unimproved road, which every six weeks I have to go out there and grade, you know, because of the 42 families that live out there to keep that road open. Uh, you guys don't maintain that road. I do. It's it's at my own personal expense. I do that for my neighbors because I enjoy the people I'm around and the close proximity. They're just good folks. And I think this is going to change the dynamics out there a lot. I can speak a little bit to Clear Creek Road that washed out during Matthew. There's a bridge that crossed over that gave access to Critter Creek, and it was a pretty straight shot. It was a relatively good road, wide, opening onto 87. It's not anymore. It's a switchback as you're coming in, and the only way you can approach that is from the south up 87, and you have to do a hairpin turn back into the property. It's a it's a sharp cut and then it goes over a very small culvert. I've gone down there and graded on that road, and I won't grade with my machine because it's just too narrow. It's got culverts off the side. There's a four foot drop off. It's a really it's a crappy road. It gets heavily eroded because there's a long, um, Along a rise to the roads that approach to the top of that property. And it has has some a lot of erosion problems. But my biggest concern is this may not be the the meeting that I'm going to end up speaking to, because you guys aren't talking about the park, but I really don't want to see that happen out there. I another thing, on a personal note, I saw the owner and met them. I thought it was him and his wife were out looking at the property and I went and introduced myself and the I'm sorry, I'm done. Thank you very much for your time.
[36:26] Thank you sir. Madam clerk, will you call the next speaker?
[36:30] Editor.
[36:44] Good evening. Good evening. Good evening sir. My name is Ed Pone. I'm the chairman of the Board of trustees of the Willy's Creek AME Zion Church. I have with me here tonight. Members of the church. You all raise your hand. I also have members of the community who live in Point East, Lambeau Drive, tranquility and other areas. Raise your hands, please. Also other community members. Raise your hands. I stand here to tell you. All of us oppose this. I have a two page statement here, but I'm not going to use it. I'm simply going to say a couple of things first. The planning board apparently hung their hat on this farmland deal. We all know. Let's not be joking about this. This is not about farmland. It's about the RV park. They told us their. This is not the time of the place. There'll be another board here. Commissioners, if this is not the time or the place to stop it, I don't know where it is, just quite frankly. We all know this is not appropriate. It will change the character of that community. There's a school bus that stops in front of our church. RV parks are fine, but we don't know who's coming in there. They're transient by their very nature. Our community is a residential area. The farmland that you all see, most of that is wooded. It's not a farm going on there. Not at all. They only showed you the south, the northbound side of NC 87 on the southbound side. Is point east, separated by woods. The newly developed Swan's Creek across from our church. I beg you, do not do this. Stop it tonight. It is the appropriate thing to do.
[38:44] Thank you.
[38:45] Thank you sir.
[38:49] Madam clerk, we call the next speaker.
[38:51] Cynthia macdonald.
[38:55] Good evening. My name is Cynthia MacDonald. And my family has lived here on Crater Creek Road for 36 years. My husband's family has lived here for 54 years. Our land has been zoned for our 40 since 1971, and the zoning has protected the royal agricultural character of this community for over half a century. This rezoning request is inconsistent, incompatible and unsafe. And Mr. Pone has spoken a lot. It you know, he's talking about putting an RV park in here. The safety of our kids, our grandchildren. We don't know what's coming in here. We don't know if they're going to be partying, if there's going to be drugs, whatever. Um, I don't agree with none of this.
[39:42] Thank you.
[39:44] Thank you.
[39:46] Madam clerk, will you call the next speaker, Michaela Saunders.
[39:58] Good evening.
[39:59] Good evening. Good evening.
[40:01] I don't I'm Michaela Sanders. I live on three, eight, six three Crater Creek Road. I don't know how I could say it any better than Mr. Combs, but is a one reasonable? Yes. However, his proposed plans, his intentional use is not reasonable. Just like Mr. Combs said, long term 10 to 20 RV park increases the use of our private drive. Every person who owns land on that private drive, with the exception of the one individual who is selling it, opposes the use of the of changing it to an A-1. Every person on Credit Creek Road. You've seen them all here tonight. They've previously turned in documentation attesting to that as well. And I strongly oppose it. And I think you should too. Thank you.
[40:49] Thank you ma'am.
[40:52] Madam clerk, will you call the next speaker?
[40:54] There are no more speakers.
[40:56] This time we'll go ahead and close the public hearing. Commissioners, questions or comments for Director Howard or staff vice Chairman Jones, you're recognized.
[41:08] Thank you, Mr. Chairman. Perhaps you might. May or may not have the answer to this question, Mr. Howard. Do we have any RV parks so far? Are you aware of, or how many do we have in regards to, um, in Cumberland County? And if so, has there ever been any complaints or issues? Do we have any already or. No, I don't know.
[41:28] We have RV parks in Cumberland County.
[41:30] Has there ever been any complaints or issues? Um, I mean, no more than normal. Any other neighborhoods having neighborhoods that you know of? That's what I.
[41:38] Ask. Um, no, ma'am, not not to my knowledge. I mean, again, we're we're a complaint driven department, so it would be driven by if anybody were to complain about it. But to my knowledge, I haven't had it.
[41:48] But I mean over the norm of any other type, you know, standard neighborhood that's not an RV that that would be.
[41:55] No, ma'am, I can't really comment on that. I don't think we have not to my knowledge.
[41:59] Okay.
[41:59] And do you know how many RV parks we may or may not have in this area?
[42:03] That I do not know.
[42:04] Okay. Thank you.
[42:06] Questions.
[42:07] Thank you. Vice chairman, Commissioner Thyssen, you recognized round one.
[42:11] Thank you, Mr. Chairman. Um, Mr. chairman, you know, anytime we look at a zoning case, this is a this is a serious matter because we're deciding what property owner can do with their property, and that's a high bar. Um, my concern, Mr. Chairman, about this, is that we are told not to consider the use, but we have also been told in our minutes what the use is, and it's hard to disregard that. Additionally, the the issue that I have comes down to the access of the road, what the road is rated for, and the manner in which the access was achieved was prescribed by deed. Meaning that the property owners at some point had to give their consent for that access. And if, if you look at, um, what that access was contemplated for at the time that the owners gave their consent. It's apparent to me that based on the classification of the road, that that was not the intent was to go and put in a larger scale development. So, Mr. Chairman, I just rise in opposition of the applicant and I'll yield back my time.
[43:24] Thank you, Commissioner Thyssen. Any other questions or comments on this case? Hearing none. I'll entertain a motion. Commissioner Patel, you're recognized.
[43:35] Thank you, Mr. Chairman. Um, in case zone dash 260003.
[43:43] I moved to deny the rezoning request from R4, a residential district to A-1 Agriculture District. The board finds that the request is not consistent with the South Central Land Use Plan. The request is not reasonable or in the public interest because it is inconsistent with the contract's comprehensive plan and not in the public interest, as it is not in harmony with the surrounding land use activities.
[44:06] Second, the motion.
[44:08] And a motion to deny the rezoning request from R4, A to A1, it's been properly seconded. Any discussion or comments on the motion? Seeing none, I'll ask for your vote. All in favor to deny the rezoning request. Raise your right hand.
[44:28] Unanimous.
[44:31] Thank you, Commissioner Howard, I think that. Enjoy your time. Thank you. Thank you. We'll go ahead and move to item four. items of business, we'll move to item A consideration of a rejection of previously awarded invitation to bid. 2620 CT Ground Mosquito Control Services stand by contract.
[44:54] Yes, chairman. This was originally approved back in December, but due to complications and the number of bidders, we want to reject the bids. Robin Coombs, uh, Chief Financial Officer, will present this item and answer any questions you may have.
[45:11] And, Miss Coombs, if you'll just give us a moment and we'll let people clear out in the audience.
[45:16] Yes, sir.
[45:18] Thank you.
[45:19] Thank you.
[45:30] Not.
[45:37] Judy.
[45:47] We'll go ahead and move forward this time. Miss Koonce, I think before you present, I just want to see if there's. I think we've reviewed the information in your packet. Uh, I just want to see if there's any questions or comments from the board on this item.
[46:04] Hearing none. I'll entertain a motion. Commissioner Thyssen, you're recognized.
[46:08] Thank you, Mr. Chairman. I'll make a motion that we reject all bids for IFB. Number 20 6-20-
[46:16] CT, ground mosquito control services, standby contract.
[46:21] Second.
[46:22] We've got a motion that's been properly seconded. The motion is to reject all bids for IFB 2620 CT. Uh, any discussions or comments on the motion? Hearing none. Ask for your vote. All in favor, raise your right hand.
[46:38] Unanimous.
[46:40] We'll go ahead and move. Thank you, Miss Coons. We'll go ahead and move to item B, consideration of resolution of intent to lease with Coastal Carolina Horizon Center. County Manager Greer recognized.
[46:51] Yes. I'll turn this one over to Heather King's assistant county manager to present and answer any questions you may have.
[46:58] Good evening. Good evening. This is a consideration for a lease with Coastal Horizon Center. It was heard in the finance committee for the square footage. The Finance Committee motioned that we also include the cost that the county utilizes to support the center at our Russell Street building that has been included in the lease. The Coastal Horizon has agreed to that. So we're asking for consent to for the resolution and to publish the intent to lease and then bring it back into the to the May meeting commissioners.
[47:36] Any questions or comments on this item?
[47:42] Commissioner Tyson you recognize.
[47:43] Thank you, Mr. Chairman. So the 21,200 for the 14 months includes base rent plus the operational expense.
[47:51] Correct.
[47:52] Thank you, Mr.
[48:01] Thank you, Mr. Chairman. I move that we adopt the resolution with the specific terms. Advertise the public notice at least 30 days, at least 30 days in advance on this lease with approval with the intent to lease.
[48:15] Second.
[48:16] We've got a motion to approve the resolution and move forward with the lease. Been properly seconded. Any discussion or comments on the motion? Hearing none. I'll vote. All in favor, raise your right hand.
[48:32] Unanimous.
[48:33] Thank you, Miss Gaines. Excuse me, assistant county manager. We'll go ahead and move to item C. Consideration of an electrical easement. Request for Cliff Dale landfill. County manager Greer. You're recognized.
[48:45] Yes. Cliff, the landfill is a pre regulatory landfill, and they're asking for an easement. Amanda Lee, general manager of natural Resources, solid waste director, will present this item and answer any questions you may have. Good evening.
[48:59] Miss Lee. Before you start, I think the board has reviewed the information in the agenda packet. Uh, just want to see if there's any questions or comments from the board. Hearing none. I'll, uh. I'll entertain a motion. Commissioner Faircloth, your recognized.
[49:17] Thank you, Mr. Chair. Uh, at this time, I would move to approve the easement for Lumbee Electrical Cooperative associated with the Cliff Dale landfill property and authorize the chairman to sign the associated right of way easement.
[49:29] Second, I've got a motion to approve the easement for the electrical co-op. It's been properly seconded. Any discussion or comments on the motion? Attorney Moorfield, you recognize, Mr.
[50:03] I was so amend my motion, Mr.
[50:08] Second.
[50:10] Any discussion, any further discussions or comments on the motion?
[50:16] So the only addition, the only change to the motion is authorize the county manager versus the chairman. Hearing no other comments or discussion, I'll ask for your vote. All in favor, raise your right hand.
[50:27] Unanimous.
[50:29] Thank you. We'll go ahead and move to item five nominations before we move to this. Uh, let me just give you a little bit of background. Uh, boards and Commissions Committee met on February 26th, and we're making the following recommendations. Uh, again, just as a reminder, at any time, as we move through these nominations for each board, commissioners can nominate individuals, uh, from the floor. Uh, if the if the individual does not have an applicant application on file, the the staff, the clerk's staff will contact them to request that they complete an application. The nominees will have until March 30th to complete the application. That will allow time for the clerk staff to verify the address and add to the agenda the boards and commissions that receive additional nominations during the during tonight's meeting. Uh will move to the April 6th meeting for appointments. Uh, appointments that or excuse me, nominations that do not receive additional appointments tonight at tonight's meeting will move them forward to the appointments portion of tonight's meeting. Board. Are there any questions on our normal process for boards and commissions?
[51:44] Hearing none. I'll go ahead and move to item A board. Board of adjustments. On February 26th, the boards and commission meeting met and recommended the following people for nomination to fill one vacancy of the Board of Adjustments. Vice Chairman Jones, if you'll read the names.
[52:02] Yes, that name will be Alicia Garcia.
[52:07] Commissioners, are there any additional nominations for this board?
[52:15] There are no other nominations. I hearing no other nominations. Without objection, the name nominee will be moved for an appointment vote in item seven of this meeting. We'll go ahead and move to item B, Equalization and Review Board the I will. The Equalization Review Board has requested the replacement uh due to a resignation. Uh, also request, uh, removal of an individual. Uh, based on the attendance policy, I would entertain a motion before we move forward from Vice Chairman Jones.
[52:50] Yes, I move to remove Leonard Hedgepeth from the equalization and and review Board in accordance with our attendance policy.
[52:58] Second, the motion.
[52:59] And a motion. It's been properly seconded. Uh, any discussion or comments on the motion? Hearing? None. Ask for your vote. All in favor, raise your right hand.
[53:10] Unanimous.
[53:13] On February 26th, the boards and commission committees met and recommended the following individuals to fill the two vacancies on the Equalization and Review Board. by Sherman Jones. I'd ask you to read those names.
[53:25] Yes. For at large. Representative one vacancy. Amanda Smith, business person. Representative one vacancy Christine Fairfield.
[53:36] Commissioners. Are there any other nominations?
[53:42] Hearing no other nominations. Without objection, the name nominees will move forward for an appointment vote in item seven of this meeting. We'll go ahead and move to the next board. Farm advisory board. Vice Chairman Jones, excuse me. We have two vacancies on the Farm Advisory board. Vice Chairman Jones, I'd ask you to read the names.
[54:02] Thank you, Mr. Chairman. Farmer representative. One vacancy and the name is Danielle Lippert, Farm Bureau representative. One vacancy. And the name is Jessica Gillis.
[54:38] Thank you, Mister Chairman at large, position one vacancy. And the name is Mr. Jeremy Sealand.
[54:46] Commissioners, are there any additional nominations?
[54:52] Hearing no additional nominations. Without objection, the name nominee will move forward for an appointment vote in item seven of this meeting. We'll go ahead and move to item E, Home and Community Block Care Grant Committee. There are 14 vacancies on this committee. Um, also we have um, Mayor Collier is completing our second term. Uh, but to, uh, wishes to serve another term. To do that, we must have an exceptional policy for that. So at this time, I'd entertain a motion from Vice Chairman Jones.
[55:26] Thank you, Mr. Chairman. I move to make the motion that we approve an exception to policy and allow Mayor Collier to serve a third term on the Home and Community Block Grant care Grant Committee.
[55:37] Second, the motion.
[55:39] And a motion for an exception to policy has been properly seconded. Any discussion or comments on the motion? Hearing none. I'll ask to vote. All in favor, raise your right hand.
[55:50] Unanimous.
[55:51] And at this time, we'll go ahead and look at the 14 vacancies. Uh, Chairman Jones, excuse me. Vice Chairman Jones recognized to read the names.
[55:59] Thank you, Mr. Chairman. The older consumers representative, six vacancies. And here are the names Victoria Hickman, Linda Keel, Valerie McCants, Garcelle Jetter, Antoinette Skinner Coleman, Victoria Steger, and also for the aging service providers Representatives. There are seven vacancies and the names are as follows Christina, Adam, Nina Joyce, Alexandra Hines, Kia Collins Frye, Linda Ridenour, Crystal Wallace, and Katrina Wilkins.
[56:37] We've got one.
[56:38] More I'm sorry. And also the elected official representative. One vacancy, Mayor Francis Collier.
[56:46] Commissioners, are there any additional nominees?
[56:51] Hearing none. Without objection, the name nominees will move for an appointment vote in item seven of this meeting. We'll go ahead and move to item F, joint, Fort Bragg and Cumberland County food policy. We have seven vacancies on this board. Chairman, vice Chairman Jones, I'd ask you to read the names.
[57:08] Thank you, Mr. Chairman, for the first one. Fort Bragg co-chair, one vacancy. Jacob de la Coming County, one vacancy Clifton Johnson for reappointment. Representatives from the local farming committee has two vacancies. Robert Elliott for reappointment. Alexis McClain for reappointment. Members who do not work in a local government committee. One vacancy. Stacie Blunt, members who work in the fields of health care, public health, food insecurity, food access, or child and adult care. One vacancy the name is Demi Dugger and members who work in local government. One vacancy. Jill Parker.
[57:51] Commissioners. Are there any other nominations?
[57:55] Hearing none. Without objection, the name nominees will move for an appointment vote in item seven of this meeting. Will go ahead and move to the next item. Item G. Local emergency planning committee. There are eight vacancies on this committee. I'd call on Vice Chairman Jones to read the names.
[58:12] Thank you.
[58:12] Vice.
[58:13] Chair. Thank you. Chairman de Vere. The names are as follows. Law enforcement representative one vacancy. Xavier Macpherson. Operators and facility representatives. Three vacancies. Donald Goode. William Ray. Leonard. Leonardo Rodriguez. Virgos. Utilities representative. One vacancy. Marty Moller. Transportation representative. One vacancy. Andrew Logan hospital. Hospital. Hospital. Representative. One vacancy. Robert Goodwin. First aid E.M.S.. Representative one vacancy. Lee Westbrook.
[58:51] Commissioners. Are there any additional nominations for this committee?
[58:57] Hearing none. Without objection. The name nominees will move for an appointment vote in item seven of this meeting. We'll go ahead and move to item H. Mid Carolina advisory council. Uh, the the boards and commission committee Recommended two vacancies by Sharon Jones if you'll read those names.
[59:17] Thank you, chairman dear. The names are as follows. Volunteer representatives. Two vacancies Patricia Patricia Edwards reappointment and Rebecca Rigby.
[59:29] Commissioners. Are there any additional nominations?
[59:34] Hearing none. Without objection, the name nominees will move for an appointment vote in item seven of this meeting. We'll go ahead and move to next item. Item I, Senior Citizens Advisory Committee. In November 2025, the Board of Commissioners appointed Dwight Palmer and Joyce Adams to serve on the Senior Advisory Commission. Uh, both, uh, the Senior Advisory Committee has requested the removal based on attendance policy. Uh, at this time, I would ask Vice Chairman Jones for a motion to remove those individuals.
[1:00:12] I call for a motion to remove Dwight Palmer and Joyce Adams from the Senior Citizens Advisory Board. Based on our policy in regards to attendance.
[1:00:23] Second, the motion.
[1:00:24] We've got a motion that's been properly seconded to remove Dwight Palmer and Joyce Adams from the Citizens Senior Citizens Advisory Commission based on our attendance policies. Been properly seconded. Any discussion or comments on the motion? Hearing none. I'll ask for your vote. All in favor, raise your right hand. Unanimous at the 20. At the February 26th boards and commission meeting, we met recommended the following individuals to fill the two vacancies on this commission. Vice Chairman Jones, if you'll read those names.
[1:00:57] Thank you. Chairman. Here the names are as follows. General public representatives. Two vacancies. Ryan Meadows and Barbara Porter.
[1:01:05] Commissioners. Are there additional nominations Hearing none. Without objection, the name nominees will move for an appointment vote in item seven of this meeting. We'll go ahead and move to item J. Tourism Development Authority. On February 26th, the Boards and Commission Committee met and recommends the following individual to fill the one vacancy on the Tourism Development Board. Vice Chairman Jones, you're recognized to read the name.
[1:01:33] Thank you.
[1:01:35] Chairman Debbie. Hotel motels, over 100 rooms. Representative. There's one vacancy, and the name is Mr. Avec Payton Stanton. Did I pronounce that right? Correct.
[1:01:49] And please stand in Vietnam.
[1:01:51] Thank you.
[1:01:51] Be that.
[1:01:53] Attendee.
[1:01:53] Commissioners, are there any additional nominees for this authority?
[1:02:00] Hearing none. Without objection, the name nominees will move for an appointment vote in item seven of this meeting, and we'll go ahead and move forward to item K Transportation Advisory Board on February 26th. The Boards and Commission Committee met and recommended the following individuals to fill the 11 vacancies. Um, Vice Chairman Jones, you're recognized to read those names.
[1:02:26] Thank you. Chairman. Deputy chair. The names are as follows. Mid Carolina Council director designee one vacancy Alisa Garcia, employment development specialist, one vacancy Alicia Lynn little. County Planning Department director of designee. One vacancy Rufus Trey Smith at large. Representatives. Two vacancies Taylor Patton and Steve Clark, emergency Medical Services representative, one vacancy Gary Cumberland, Dialysis Center representative, one vacancy. Kelli Grant, emergency management representative one vacancy Logan Hendren and Department of Social Services director of designee one vacancy Theresa Jones transit director or designee one vacancy Tiffany Neal reappointment. Employment source director or designee. One vacancy Christina Clifton reappointment.
[1:03:22] Commissioners. Are there any additional nominees?
[1:03:27] Hearing none. Without objection, the name nominees will move. Nominees will move for an appointment. Vote in item seven. Actually, item six of this meeting. We'll go ahead and move to item six. Appointments have the approval of appointments from nominations presented and in the previous and in the nomination items. Item five that do not have any floor nominations and are not contested seats. Those include. Board of adjustments, equalization and Review Board. Farm advisory board, Fayetteville area. Excuse me. Fayetteville. Cumberland Economic Development Corporation, Home and Community Block Grant Committee, joint Fort Bragg and Cumberland County Food Policy, Local Emergency Planning Committee, Mid Carolina Aging Advisory Council, Senior Citizens Advisory Commission, Tourism Development Authority, and the Transportation Advisory Board. Without without objection, the approved nominations for these boards are appointed to their respective boards and commissions. This time we'll go ahead and move to item seven. Closed session and I will entertain a motion from Vice Chairman Jones.
[1:04:41] Yes, I move that we go into closed session for real property acquisition pursuant to NCG 143318.1785.
[1:04:52] Second the motion.
[1:04:53] I'm going a motion to go into closed session for real property acquisition pursuant to NC 143 three 18.11 eight five. It's been properly seconded. Any discussions or comments on the motion? Hearing none. I'll ask for your vote. All in favor? Raise your right hand.
[1:05:09] Unanimous.
[1:05:10] We'll go ahead and move into closed session. And at this time, I'll entertain a motion. Vice Chairman Jones are recognized.
[1:05:16] Yes. A motion to move to come out of closed session for real property acquisition pursuant to NC 0143318.185.
[1:05:28] Second.
[1:05:29] Get a motion to come out. A closed session has been properly seconded. Any discussion or comments on the motion? Hearing none. Ask for your vote. All in favor, raise your right hand.
[1:05:37] Unanimous.
[1:05:38] And there's no actions or motions that we need to talk about coming out of the closed session. This time, I'll entertain a motion to adjourn. Vice Chairman Jones.
[1:05:46] Recommendation.
[1:05:47] To adjourn this.
[1:05:47] Meeting.
[1:05:49] Got a motion to adjourn. It's been properly seconded. All in favor, say aye.
[1:05:51] Aye aye.
[1:05:55] And we're adjourned.