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051909mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting May 18, 2009 The Harnett County Board of Commissioners met in regular session on Monday, May 18th, 2009, in the Commissioners Meeting Room, County Administrative Building, 102 East Front Street, Lillington, North Carolina. Members present: Timothy B. McNeill, Chairman Beatrice B. Hill, Vice- Chaiman Dan B. Andrews Gary House Jim Burgin Staff present: Scott Sauer, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Dwight W. Snow, County Attorney Sylvia Blinson, Finance Officer Kay S. Blanchard, Clerk to the Board Gina Daniel, Assistant to County Manager Chairman McNeill called the meeting to order at 7:00 pm and Vice - Chairman Hill led the pledge of allegiance and invocation. Chairman McNeill called for additions and deletions to the published agenda. Commissioner House move to allow Thomas Ellis and Elizabeth Crudup with Harnett Historical Association to address the board for up to 7 minutes. The full Board of Commissioners approved this addition as 6a. under Agenda Item 6. Appointments. Vice - Chairman Hill moved to approve the agenda as amended. Commissioner House seconded the motion and it was passed unanimously. Commissioner House moved to approve consent agenda as published. Commissioner Burgin seconded the motion and the Board unanimously approved the following items on the consent agenda: 1. Minutes: Regular Meeting, May 4th, 2009 2. Budget amendments: 363 Special Districts (Fund 242 — Special Districts Code 242 - 8008 - 420.82 -20 Boone Trail — Delinquent 2,000 increase 242 - 8009 - 420.82 -10 Buies Creek— Current 20,000 increase 242 - 0000 - 311.10 -00 Current Taxes 20,000 increase 242 - 0000 - 311.20 -00 Delinquent Taxes 2,000 increase 5 -18 -09 BOC Minutes Page 1 of 6 364 Tax Collection Agency (Fund 722 — Tax Collection Agency) Code 722 -8026- 419.82 -01 Town of Angier — Current 75,000 increase 722 - 0000 - 311.10 -00 Current Taxes 75,000 increase 365 Solid Waste (Fund 580 — Solid Waste) Code 580- 6600 - 461.74 -71 Capital Outlay — Land 580- 0000 - 399.00 -00 Fund Balance Appropriated 366 Jail (Fund 110 — General Code 110 -5120 - 420.11 -00 Salaries & Wages 110 -5120- 420.21 -00 Group Insurance Expense 110 -5120- 420.22 -00 FICA Tax Expense 110 -5120- 420.23 -00 Regular Retirement 110 -5120- 420.23 -01 Supplemental Retirement 110- 0000 - 399.00 -00 Fund Balance Appropriated 66,960 increase 66,960 increase 334,500 increase 63,613 increase 20,983 increase 16,423 increase 9,500 decrease 426,019 increase 370 Boone Trail Elementary School Project (Fund 313 — "CPO706") Code 313- 8300 - 480.45 -22 Issuance Cost 456,841 increase 313 - 8300 - 480.45 -80 Contingency 456,841 decrease 373 Aging — Family Caregiver Support (Fund 110 — General) Code 110- 7501- 441.32 -11 Family Caregiver Support 100 increase 110- 0000 - 353.75 -01 Contributions —Family Caregiver Support 100 increase 375 Aging.— Retired Seniors Volunteer Program (Fund 110 — General) Code 110- 7510- 441.32 -13 Special Projects 1,450 increase 110 -0000- 353.15 -00 Contributions —RSVP 1,450 increase 378 Worker's Compensation (Fund 110 — General) Code 270 - 4000 - 410.32 -90 Worker's Compensation 270- 0000 - 389.30 -00 Interfund Transfer 270 - 0000 - 399.00 -00 Fund Balance Appropriated 380 Sheriff (Fund 110 — General) Code 110 -5100- 420.12 -00 Salaries & Wages —Part-time 110 -5100- 420.32 -56 Crime Prevention 110 -5100- 420.43 -16 Maintenance & Repair Equipment 110 -5100- 420.43 -21 Maintenance & Repair Auto 381 Interfund Transfer (Fund 110 — General) Code 110- 8701 - 490.90 -22 Interfund Transfer— Worker's Comp. 110- 0000 - 399.00 -00 Fund Balance Appropriated 563,285 increase 507,791 increase 55,494 increase 3,000 increase 1,000 decrease 1,000 decrease 1,000 decrease 500,000 increase 500,000 increase 5 -18 -09 BOC Minutes Page 2 of 6 382 Cooperative Extension — Adolescent Parenting Program (Fund 110— General) Code 110- 7319.465 -11 -00 Salaries & Wages 2,826 increase 110- 7319 - 465.21 -00 Group Insurance Expense 556 increase 110 -7319- 465.22 -00 FICA Tax Expense 216 increase 110- 7319 - 465.23 -00 Regular Retirement 138 increase 110 -7319- 465.23 -01 Supplemental Retirement 57 increase 110 -7319- 465.26 -08 Workers Compensation 42 increase 110- 0000 - 331.73 -19 Adolescent Parenting Program 3,835 increase 384 Airport Runway & Parallel Extension Project (Fund 377 — "CP0603" Code 377 - 8306 - 465.45 -01 Construction 359,375 increase 377 - 8306 - 465.45 -33 Technical 349,703 decrease 377 - 8306 - 465.45 -46 Preliminary Engineering 6,172 decrease 377 - 8306 - 465.45 -57 Miscellaneous Expense 3,500 decrease 3. Tax refunds and releases (Attachment 1) 4. Resolution to add Lee's Place Drive to the state system (Attachment 2) Resolution opposing the "Public Health Improvement Plan" as contained in Senate Bill 202. The Harnett County Board of Commissioners is opposed to Section 10.26 of Senate Bill 202 or any other budget provision entitled Public Health Improvement Plan and stands opposed to any efforts to reform public health absent appropriate planning and input from local government officials and local public health professionals. (Attachment 3) 6. Resolution opposing Senate Bill 758 Transfer Secondary Roads to Counties. Harnett County opposes S.B. 758 and the transfer of secondary road responsibility to North Carolina counties and requests that Senator Blake, Representative Jimmy L. Love, Sr. and Representative David R. Lewis also oppose and take all action within their authority and power to ensure defeat of S.B. 758. (Attachment 4) 7. Resolution Authorizing Condemnation To Acquire Certain Real Property of Colan Randolph Collins and Wife, Allene B. Collins. (Attachment 5) Utility Service Agreement between the County of Harnett and the Town of Linden. This is a renewal agreement for a term of five years. The Town of Linden has requested that the Harnett County Department of Public Utilities perform certain tasks for fees; including water supply, meter reading, new water tap installation service, twenty -four hour emergency repair service, water cut off and cut on service, operations and maintenance service for the chlorination system located at the meter facility and billing. 9. USDA Bond Resolution — South Central Water and Sewer District (Attachment 6) 5 -18 -09 BOC Minutes Page 3 of 6 10. Amended Memorandum of Understanding for cooperative, comprehensive and continuing transportation planning and the establishment of a rural transportation planning organization for the counties of Bladen, Cumberland, Harnett and Sampson, comprising the Regional M Planning Area, and the Municipalities contained therein, excluding Fayetteville, Hope Mills and Spring Lake, and the North Carolina Department of Transportation Informal Comments 1. Dave Rogers, Johnson Road, Coats Mr. Rogers discussed taxes, tax revaluation and the county's budget. He asked that any and all expenditures be immediately available to commissioners and that all moneys spent by the county to be chartable. Chairman McNeill told Mr. Rogers that records would be immediately available to him regarding Harnett Forward Together Committee and funds in their account. 2. Dr. Harold Dixon, Coats Mr. Dixon discussed the revaluation and effects of the current economy. He both thanked the commissioners and challenged them to use last years tax values. Mr. Dixon thanked Kay Blanchard for her service and wished her well in her retirement. Commissioner Andrews moved to appoint Margaret Regina "Gina" Daniel as Acting Clerk to the Harnett County Board of Commissioners. Vice - Chairman Hill seconded the motion and it was passed unanimously. Chairman McNeill administered the oath of office to Gina Daniel as she was sworn in. Thomas Ellis and Elizabeth Crudup, Harnett Historical Association, addressed the Board regarding the Overhill's Estate now owned by the military. Board was asked again to enter into a memorandum of understanding with Harnett Historical Association to manage a proposed project to move buildings onto property owned by the County. Mrs. Crudup spoke about the importance of grass root efforts, preserving history in Harnett County and making sure we don't lose our culture as we move forward. Mrs. Crudup explained that staff at Fort Bragg was willing to move several historical buildings as part of a training exercise to Harnett County property prior to land transferal which would take place in June. Commissioner House informed Mrs. Crudup that the Board was not ready to sign the requested MOU but he volunteered to meet with Mrs. Crudup and others regarding this project. Samantha Ficzko, Planner, presented a proposed zoning text amendment. Article VI, Zoning Districts & Regulations, Section 11.0 Use & Structure Regulations. Addition: Swimming Pools: A — H. The proposed amendment will update the Harnett County Zoning Ordinance to correspond with the North Carolina Building Code regarding swimming pool regulations. The Planning Board reviewed the request May 4, 2009 and unanimously recommends approval of the proposed amendment. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. Dave Rogers from Coats asked for clarification regarding the text amendment. There being no further comments, Chairman 5 -18 -09 BOC Minutes Page 4 of 6 McNeill closed the public hearing. Commissioner House moved to approve the zoning text amendment as presented. Commissioner Burgin seconded the motion and it passed unanimously. (Attachment 7) Samantha Ficzko, Planner, presented a proposed zoning text amendment. Article VI, Section 11.0 Use Types and Regulations — Update Article XVI Definitions — Additions. The proposed amendments will add new uses to the Harnett County Zoning Ordinance. The Planning Board reviewed the request May 4, 2009 and unanimously recommends approval of the proposed amendment. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. No comments were offered and Chairman McNeill closed the public hearing. Commissioner Andrews moved to approve the zoning text amendment as presented. Vice - Chairman Hill seconded the motion and it passed unanimously. (Attachment 8) Samantha Ficzko, Planner, presented proposed zoning changes regarding Michael N. Shaw, Shaw Construction Co. Inc., From RA -20M to Commercial Zoning District, SR2048- Bethel Baptist Road, .94 acres, Anderson Creek Township. The Planning Board reviewed the request May 4, 2009 and unanimously recommends denial of the request based on several of the the Small Scale Rezoning factors. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. Mr. Michael N. Shaw spoke on his own behalf, stating his business has been in existence for 18 years and prior to the storage facility located nearby. Mr. Shaw said he currently employees 35 employees of which 11 are Harnett County citizens. There being no further comments, Chairman McNeill closed the public hearing. Chairman McNeill and Commissioner Andrews both said they know of the business and of the Shaw family and believe the business very beneficial to the county, especially during such economic times. Chairman McNeill moved to approve the zoning changes citing the impact is reasonable and benefits of the rezoning outweigh any potential inconvenience, the request in zoning district is compatible with the existing land uses around it and the proposal does enhance and maintain the public, health, safety and general welfare. Chairman McNeill said that the request for this small scale rezoning is reasonable and the first, he believes, of many businesses in that area to be rezoned commercial which was echoed by Commissioner House. Commissioner Andrews seconded the motion and it passed unanimously. Samantha Ficzko, Planner, presented proposed zoning changes regarding John & Martha Sauls and Frank & Leslie Oldham, From RA -20R to Commercial Zoning District, SRI 113 -Hwy 87, 9.0 Acres, Barbecue Township. The Planning Board reviewed the request May 4, 2009 and recommends approval with a unanimous vote based on favorable findings. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. Mr. John Sauls spoke on his own behalf. There being no further comments, Chairman McNeill closed the public hearing. Vice - Chairman Hill moved to approve the proposed zoning changes. Commissioner Andrews seconded the motion and it passed unanimously The Board adopted a resolution honoring Kay S. Blanchard, Clerk to the Board. Mrs. Blanchard will be retiring at the end of May after 28 years of service to the county. The Resolution was read and presented to Mrs. Blanchard who was also presented a letter from Congressman Bob Etheridge. (Attachment 9) 5 -18 -09 BOC Minutes Page 5 of 6 Mrs. Blanchard addressed the Board of Commissioners and the audience which included many family and friends. Mrs. Blanchard reminisced over the past 28 years of service and thanked the commissioners, her family, friends and co- workers. County Manager Scott Sauer presented the Health Department Activities Summary. Mr. Sauer also updated the commissioners on efforts regarding the county's health benefit package. The Commissioners asked for more details to be provided to them prior to the meeting the following night. Commissioner Andrews moved to recess this meeting until 6:00 pm on Tuesday, May 19, 2009 at Nonna's Restaurant, 11 West Front Street, Lillington, NC. The motion was seconded by Commissioner House and the board recessed at 8:08 pm. d, Alil c 114 A. Timothy B. cNeill, hairman Maigaro Regina Day4hl, Acting lerk to the Board 5 -18 -09 BOC Minutes Page 6 of 6 Attachment 1 Approved by the Harnett County Board of COMMISSIOngM Oft May / F, ,z.o 0 9 -4- Date :05/1812009 TO: HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES No. Name of Tax Payer Bill 1>! Tax, interest and Total Request Penalties , Refund Status Dn 1 BROWN, JAMEY CC: KEITH FAULKNER 76 OAK VALLEY DR City 0.00 Military BUNNLEVEL NC, 28323 0001377487-2007-2007-000000 229.91 Refund Exemption County 229.91 2 BROWN, JAMEY 76 OAK VALLEY City 0.00 Military BUNNLEVEL NC, , 2 8323 2 0001377487- 2008- 2008- 000000 202.21 Refund Exemption n County 202.21 3 BROWN, JAMEY 76 OAK VALLEY City 0.00 Military BUNNLEVEL NC, , 2 8323 2 0001377970-2007-2007-000000 242.68 Refund Exemption County 242.68 4 BROWN, JAMEY 76 OAK VALLEY City 0.00 Military BUNNLEVEL NC, , 2 8323 2 0001377970- 2008- 2008- 000000 197.81 Refund Exemption n County 197.81 5 JAMES, DARRELL ANTWANN WILSON, QYMESHA RAECHEL City(CI04) 42.10 Military 11 BLAIR DR 0001583993-2008-2008-000000 106.03 Refund Exemption ANGIER, NC, 27501-8854 County 63.93 6 PIERCE, JIMMY EDWARD PO BOX 174 City 0.00 Situs BUNNLEVEL, NC, 28323 - 0174 0001386682-2008-2008-000001 1.37 Refund Correction County 1.37 7 SHEETS, JASON ALLEN LETCHER City 0.00 Military LIL LILLINGTON NC, 27546 C, 0001380764-2006-2006-000000 235.63 Refund Exemption County 235.63 8 SHEETS, JASON ALLEN 105 LETCHER LN City 0.00 Military � LILLINGTON NC, 27546 0001380764- 2007- 2007- 000000 200.93 Refund Exemption County 200.93 9 SMITH, EVERETT MITCHELL 31 NEW HOPE CT City 0.00 Military CAMERON, NC 283265900 0001558630- 2008- 2008- 000000 93.85 Refund Exemption CAMERON, NC, 28326-5900 County 93.85 10 TEMPLE HOF LLC 1526 City() 30.00 Sites DUN , NC, 2ORO - 8 DUNN, NC, 28334 - 8726 0001658159-2008-2008-000001 26 98 Refund Correction County 0.00 11 TEMPLEHOF LLC 1526 JONESBORO RD City() 10.41 Sites DUNN NC, 28334 - 8726 0001394419- 2008- 2008- 000001 10.41 Refund Correction County 0.00 KEITH FAULKNER City Total 82.51 Revenue Administrator County Total 1,468.32 Total to be Refunded 1,550.83 CC: KEITH FAULKNER Attachment 2 RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, requests that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Lee's Place Subdivision Lee's Place Drive Duly adopted this 18th day of May, 2009. HARNETT COUNTY BOARD OF COMMISSIONERS Ti of y B. McNeill, Chairman ATTEST: Kay S.1blanchard Clerk to the :•. • Attachment 3 RESOLUTION OPPOSING THE "PUBLIC HEALTH IMPROVEMENT PLAN" AS CONTAINED IN SENATE BILL 202 WHEREAS, Section 10.26 Senate Bill 202 contains a provision entitled "Public Health Improvement Plan"; and WHEREAS, the Public Health Improvement Plan was proposed with no input from local government officials or local and state public health professionals; and WHEREAS, the plan sets out an unreasonable timeline for such reform of the current public health system; and WHEREAS, the plan calls for no additional public health funding, rather a redistribution of the existing, insufficient funds with no defined distribution formulas; and WHEREAS, the plan calls for the creation of a Public Health Improvement Plan Task Force which is a duplication of the existing Public Health Task Force; and WHEREAS, many North Carolina counties are in the process of re- building the mental health infrastructure requiring greater contributions of local funds; and WHEREAS, the same North Carolina counties can ill afford alteration of the public health infrastructure requiring greater local funding to provide core public health services. NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners is opposed to Section 10.26 of Senate Bill 202 or any other budget provision entitled Public Health Improvement Plan and stands opposed to any efforts to reform public health absent appropriate planning and input from local government officials and local public health professionals. Xd'bpteid this 18th day of May, 2009 HARNETT COUNTY BOARD OF COMMISSIONERS ` imothy cNeill, Chairmaif Attest: K6�ea�4( Kay Blanchard, Clerk to the Board Attachment 4 HARNETT COUNTY BOARD OF COMMISSIONERS RESOLUTION OPPOSING SENATE BILL 758 WHEREAS, in 1931, during the midst of the Great Depression and at a time North Carolina counties were under financial distress, the State of North Carolina removed county authority to construct, maintain and operate public roads; and WHEREAS, a unified system for the construction, maintenance and operation of public roads strengthened North Carolina's standing as the "Good Roads State" resulting in a transportation system vitally important to the economic well -being of North Carolina's people; and WHEREAS, there is introduced in the North Carolina State Senate S758 which will return North Carolina's transportation network to 1931 status by requiring counties to once again take on the responsibility for the secondary public roads located in each county, thus reversing a seventy -eight year practice that has created a consistently reliable public transportation system envied by other states; and WHEREAS, the year 2009, in the midst of the greatest financial disaster since the Great Depression and at a time North Carolina counties are again under financial distress, is not the time to consider placing the burden for public road construction, maintenance and operation on local government and replace a unified system with one hundred different standards for road construction, maintenance and repair. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that: Section 1. Harnett County opposes S758 and the transfer of secondary road responsibility to North Carolina counties and requests that Senator Harris Blake, Representative Jimmy L. Love, Sr. and Representative David R. Lewis also oppose and take all action within their authority and power to ensure defeat of 5758. Section 2. The Clerk to the Board is directed to forward a certified copy of this Resolution to Senator Blake, Representative Love and Representative Lewis. Section 3. This Resolution shall become effective upon its adoption. Adopte4 h's`18 `day,df;May, 2009. HARNETT COUNTY BOARD OF COMMISSIONERS fF Ti o y B. McNeill, Chairman Attest: /, Kays: •Blanchard, Clerk to the Boar Attachment 5 A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE CERTAIN REAL PROPERTY OF COLON RANDOLPH COLLINS AND WIFE, ALLENE B. COLLINS WHEREAS, the Harnett County Board of Commissioners hereby determines that it is necessary and in the public interest to acquire certain real property owned by COLON RANDOLPH COLLINS AND WIFE, ALLENE B. COLLINS for the purpose of a water utility booster pump station site for the Harnett County Department of Public Utilities which is a public enterprise as defined under N.C. General Statute § 153A -274; and WHEREAS, the proper officials of Harnett County have been unable to acquire the needed interest in this real property by negotiated conveyance. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS THAT: L Harnett County shall acquire by condemnation for the purposes stated above, the property and interest described as follows: Fee simple title to that .306 acre tract in Black River Township, Harnett County, N.C. which is located on the western side of N.C. Highway 210 which is a part of the property described in that Deed recorded in Book 900, Page 251, Harnett County Registry, and is shown on that plat recorded as Map No. 2007 -1092, Harnett County Registry. 2. The Harnett County Attorney is directed to institute the necessary proceedings under Chapter 40A of the N.C. General Statutes, to acquire the property herein described. Adopted this the 18th day of May, 2009. i s 4 Timothy B. N ill, Chairman Harnett Count oard of Commissioners ATTEST: Z� Clerk fo the Board Attachment 6 EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS A Regular Meeting of the Board of Commissioners (the "Board") of the County of Harnett, North Carolina was held on Monday, May 18, 2009, at 7:00 p.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, Timothy B. McNeill, Chairman of the Board of Commissioners of the County of Harnett, North Carolina, presiding and the following Commissioners present: Commissioners Present: Timothy B. McNeill, Chairman Beatrice B. Hill, Vice Chairman Dan B. Andrews Gary House Jim Burgin Commissioners Absent: none Commissioner House introduced the following resolution, a summary of which had been provided to each Commissioner, a copy of which was - available with the Clerk to the Board and which was read by title: RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY, PROVIDING FOR THE ISSUANCE OF $6,753,000 GENERAL OBLIGATION WATER AND SEWER BONDS, SERIES 2009A AND $3,000,000 GENERAL OBLIGATION WATER AND SEWER BONDS, SERIES 2009B OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY BE IT RESOLVED by the Board of Commissioners (the "Board ") of the County of Harnett, North Carolina (the "County"), sitting as the governing body of the South Central Water and Sewer District of Harnett County (the "District") that: Section 1. The Board, sitting as the governing body of the District, has determined and hereby finds and declares as follows: (a) The Board, sitting as the governing body of the District, adopted a bond order authorizing $42,000,000 General Obligation Water and Sewer Bonds of the District on December 2, 2002, which order was effective on approval by a majority of the voters who voted thereon at a special referendum duly called and held on February 4, 2003. PPAB 1563972v4 (b) There is outstanding $9,753,000 General Obligation Water and Sewer Bond Anticipation Notes, Series 2008C dated December 16, 2008, maturing June 16, 2009, and bearing interest at the rate of 1.75% per annum, which notes were issued in anticipation of the receipt of the proceeds of the sale of a like amount of bonds. (d) It is necessary at this time for the District to issue (1) $6,753,000 of its General Obligation Water and Sewer Bonds, Series 2009A (the "2009A Bonds ") and (2) $3,000,000 of its General Obligation Water and Sewer Bonds, Series 2009B (the "2009B Bonds, " and together with the 2009A Bonds, the "Bonds"), the proceeds of which will be applied to the payment of the outstanding notes at their maturities. (e) The maximum period of usefulness of the District's water system improvements to be financed or refinanced with the proceeds of the Bonds authorized hereby is estimated as a period of 40 years from June 15, 2009, the anticipated date of the Bonds, and such period expires on June 15, 2049. Section 2. (a) Pursuant to said order, there shall be issued one 2009A Bond in the principal amount of $6,753,000, numbered RA -1, to be dated as of the date of delivery thereof and to mature in annual installments on the first day of June in the following years and in the following amounts: YEAR OF PRINCIPAL YEAR OF PRINCIPAL YEAR OF PRINCIPAL YEAR OF PRINCIPAL MATURITY AMOUNT MATURITY AMOUNT MATURITY AMOUNT MATURITY AMOUNT 2012 $76,000 2022 $115,000 2032 $174,000 2042 $264,000 2013 79,000 2023 120,000 2033 181,000 2043 275,000 2014 82,000 2024 125,000 2034 189,000 2044 286,000 2015 86,000 2025 130,000 2035 197,000 2045 299,000 2016 89,000 2026 135,000 2036 205,000 2046 304,000 2017 93,000 2027 141,000 2037 214,000 2047 304,000 2018 97,000 2028 147,000 2038 223,000 2048 304,000 2019 101,000 2029 153,000 2039 233,000 2049 295,000 2020 105,000 2030 160,000 2040 242,000 2021 110,000 2031 167,000 2041 253,000 The 2009A Bonds shall bear interest on the unpaid part of such principal at a rate of 4.25% per annum until payment thereof, such interest to be payable on June 1, 2010, and annually thereafter on the first day of June of each year until paid. 2 PPAB 1563972v4 (b) Pursuant to said order, there shall be issued one 2009B Bond in the principal amount of $3,000,000, numbered RB -1, to be dated as of the date of delivery thereof and to mature in annual installments on the first day of June in the following years and in the following amounts: YEAR OF PRINCIPAL YEAR OF PRINCIPAL YEAR OF PRINCIPAL YEAR OF PRINCIPAL MATURITY AMOUNT MATURITY AMOUNT MATURITY AMOUNT MATURITY AMOUNT 2012 $34,000 2022 $51,000 2032 $79,000 2042 $121,000 2013 35,000 2023 54,000 2033 83,000 2043 127,000 2014 37,000 2024 56,000 2034 86,000 2044 132,000 2015 38,000 2025 59,000 2035 90,000 2045 136,000 2016 40,000 2026 61,000 2036 94,000 2046 136,000 2017 42,000 2027 64,000 2037 98,000 2047 136,000 2018 43,000 2028 67,000 2038 102,000 2048 136,000 2019 45,000 2029 70,000 2039 107,000 2049 69,000 2020 47,000 2030 73,000 2040 111,000 2021 49,000 2031 76,000 2041 116,000 The 2009B Bonds shall bear interest on the unpaid part of such principal at a rate of 4.375% per annum until payment thereof, such interest to be payable on June 1, 2010, and annually thereafter on the first day of June of each year until paid. (c) The Bonds shall be sold to the United States of America, acting by and through Rural Utilities Service, an agency of the United States Department of Agriculture (formerly Farmers Home Administration) ( "USDA"), by private sale in accordance with Sections 7 and 8. The Bonds of a series shall not be defeased without written consent of USDA during such time as USDA shall remain the registered owner of the Bonds of such series. The Bonds shall bear interest from the date on which they are authenticated. The principal of and the interest and any redemption premium on the Bonds shall be payable in any coin or currency of the United States of America which is legal tender for the payment of public and private debts on the respective dates of payment thereof. Payment of interest on the Bonds shall be made by the Bond Registrar (hereinafter defined) on each interest payment date to the person appearing on the registration books of the District hereinafter provided for as the registered owner of such Bonds (or the previous Bond or Bonds evidencing the same debt as that evidenced by such Bonds) at the close of business on the record date for such interest, which shall be the 15`h day (whether or not a business day) of the calendar month next preceding such interest payment date. During the time that USDA is the registered owner of the Bonds of a series, payment of the installments of principal and interest when due and payable on the Bonds of such series shall be made at the office of such fiscal agent as USDA shall 3 PPAB 1563972v4 designate without presentation or surrender thereof and, during any such time as an assignee thereof is the registered owner of the Bonds of a series, payment of the installments of principal when due and payable on the Bonds of such series shall be made at the corporate trust office of First - Citizens Bank & Trust Company in Raleigh, North Carolina, upon the presentation and surrender thereof, and payment of the interest when due and payable on the Bonds of such series shall be made by check mailed to such assignee at his address as it appears on the registration books of the District hereinafter mentioned without the presentation or surrender thereof. Section 3. The Bonds of a series may be redeemed, at the option of the District, as long as USDA is the owner of the Bonds of such series, at any time prior to the maturity of any installment of the principal thereof, either in whole or in part in the inverse order of the maturity dates of the installments of principal, from any moneys that may be made available for such purpose, at the aggregate principal amount of the installments of principal to be redeemed, together with the interest accrued thereon to the date fixed for redemption, but without any premiums. In case of a redemption of all or any part of the Bonds of a series, a notice of redemption shall be sent by registered mail, mailed at least 40 days prior to the date fixed for redemption, addressed (a) during the time that USDA is the owner of the Bonds of such series, to such other address as USDA may designate by registered or certified mail forwarded to the District at least 50 days prior to any redemption date, and (b) during any time as an assignee of USDA is the owner of the Bonds of such series, to the address as it appears on the registration book of the District hereinafter mentioned. On the date fixed for redemption, notice having been given in the manner and under the conditions hereinabove provided, the Bonds or part thereof called for redemption shall be due and payable at the redemption price provided therefor, plus accrued interest to such date. If moneys sufficient to pay the redemption price of the Bonds or part thereof to be redeemed plus accrued interest thereon to the date fixed for redemption are held at such place as USDA may designate (or, if the Bond or Bonds to be redeemed shall have been assigned by USDA, at the corporate trust office of First - Citizens Bank & Trust Company in Raleigh, North Carolina, pursuant to Section 2 hereof) in trust for such purpose, interest on the Bonds or part thereof called for redemption shall cease to accrue, such Bond, Bonds or part thereof shall cease to be entitled to any benefits or security under this resolution or to be deemed outstanding, and the registered owners of such Bond, Bonds or part thereof shall have no rights in respect thereof except to receive payment of the redemption price thereof, plus accrued interest to the date of redemption. If an installment of principal of the Bonds shall be redeemed, the Bond Registrar shall direct the registered owner thereof to evidence such redemption by appropriate notation on a schedule to be attached to such Bond for such purpose. Section 4. The Bonds, on surrender thereof at the principal office or corporate trust office of the Bond Registrar, together with an assignment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar, may, at the option of the registered owner thereof, be exchanged for Bonds having maturities corresponding to the maturities of the installments of principal of such Bonds then unpaid issuable in fully registered form in the denomination of $1,000 or any integral multiple thereof, and bearing interest at the same rate. The transfer of the Bond or Bonds may be registered by the registered owner thereof only upon an execution of an assignment thereof duly executed by such registered owner or his attorney or legal 4 PPAB 1563972v4 representative. Notice of such assignment shall be given promptly by the assignor to the Bond Registrar by registered mail, such notice to be in such form as shall be satisfactory to the Bond Registrar, and upon receipt of such notice, such Bond or Bonds shall be registered as to both principal and interest on such registration books in the name of the assignee named in such notice. The transfer of any bond issued in exchange for the Bond or Bonds as provided above may be registered only upon the registration books of the District upon the surrender thereof to the Bond Registrar together with an assignment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the Bond Registrar. Upon any such registration of transfer, the Bond Registrar shall authenticate and deliver in exchange for such Bond or Bonds a new bond or bonds, registered in the name of the transferee, of any denomination or denominations authorized by this resolution, in an aggregate principal amount equal to the unredeemed principal amount of such Bond or Bonds so surrendered, of the same maturity and bearing interest at the same rate. In all cases in which the Bond or Bonds shall be exchanged or the transfer of the Bond or Bonds shall be registered hereunder and a new bond or bonds are to be delivered in exchange therefor, the Bond Registrar shall authenticate and deliver at the earliest practicable time bonds in accordance with the provisions of this resolution. All Bonds surrendered in any such exchange or registration of transfer shall forthwith be canceled by the Bond Registrar. The Bond Registrar shall not be required to make any such exchange or registration of transfer of (a) any Bond or Bonds during a period beginning at the opening of business fifteen (15) days before the day of the mailing of a notice of redemption of Bonds or any portion thereof and ending at the close of business on the day of such mailing or (b) any Bond or Bonds called for redemption in whole or in part pursuant to Section 3 of this resolution. As to any Bond, the person in whose name the same shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal or redemption price of any such Bond and the interest on any such Bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the redemption premium, if any, and interest thereon, to the extent of the sum or sums so paid. The District shall appoint such registrars, transfer agents, depositaries or other agents as may be necessary for the registration, registration of transfer and exchange of Bonds within a reasonable time according to then current commercial standards and for the timely payment of installments of principal and interest with respect to the Bond or Bonds. The Finance Officer of the County, acting on behalf of the District, is hereby appointed the registrar, transfer agent and paying agent (the "Bond Registrar ") for the Bonds, subject to the right of the governing body of the District to appoint another Bond Registrar, and as such shall keep at his office the books of the District for the registration, registration of transfer, exchange and payment of the Bonds as provided in this resolution; provided, however, that, in the event that the Bond or Bonds of a series registered in the name of USDA are assigned, the paying agent with respect to the Bond or Bonds of such series shall be First - Citizens Bank & Trust Company, in the City of Raleigh, North Carolina. Section S. The Bonds shall bear the manual or facsimile signatures of the Chairman of the Board (the "Chairman ") and the Clerk to the Board, both acting on behalf of the District, and the corporate seal or a facsimile of the corporate seal of the District or the County shall be impressed or imprinted, as the case may be, on the Bonds. PPAB 1563972v4 The certificate of the Local Government Commission of North Carolina to be endorsed on the Bonds shall bear the manual or facsimile signature of the Secretary of said Commission, and the certificate of authentication of the Bond Registrar to be endorsed on the Bonds shall be executed as provided hereinafter. If any officer of the County, acting on behalf of the District, or the Local Government Commission of North Carolina whose manual or facsimile signature appears on the Bonds ceases to be such officer before the delivery of such Bonds, such manual or facsimile signature is nevertheless valid and sufficient for purposes the same as if he had remained in office until such delivery, and the Bonds may bear the manual or facsimile signatures of such persons as at the actual time of the execution of such Bonds are the proper officers to sign such Bonds although at the date of such Bonds such persons may not have been such officers. No Bond is valid or obligatory for any purpose or entitled to any benefit or security under this resolution until it has been authenticated by the execution by the Bond Registrar of the certificate of authentication endorsed thereon. The Bonds and the endorsements thereon shall be in substantially the form attached as Exhibit A hereto. Section 6. The District covenants to take such action as may be required in the opinion of nationally recognized bond counsel to cause the Bonds and all actions of the District with respect to the proceeds thereof to comply with Internal Revenue Code of 1986, as amended (the "Code "). In particular, the District covenants as follows: (a) At least one of the following two conditions will be satisfied: (i) less than 10% of the proceeds of the Bonds reduced by costs of issuance will be used directly or indirectly in the business of a person other than a state or local governmental unit or (ii) less than 10% of the principal or interest on the Bonds will be (under the terms of such issue or any underlying arrangement) directly or indirectly (A) secured by an interest in property used or to be used in a private business or by any interest in payments made with respect to such property or (B) derived from payments made with respect to property, or borrowed money, used or to be used in a private business; (b) At least one of the following two conditions will be satisfied: (i) less than 5% of the proceeds of the Bonds reduced by costs of issuance will be used by nongovernmental persons for a use unrelated or disproportionate to the purposes for which the Bonds were issued or (ii) less than 5% of the principal or interest on the Bonds will be (under the terms of such issue or any underlying arrangement) directly or indirectly (A) secured by an interest in property used or to be used in a private business described in (i) or by any interest in payments made with respect to such property or (B) derived from payments made with respect to property the use of which is described in (i), or borrowed money, used or to be used in a private business; (c) It will not loan directly or indirectly more than 5% of the Bond proceeds to nongovernmental persons; Cel PPAB 1563972v4 (d) It has not and will not enter into any management contract with respect to the facilities financed with the proceeds of the Bonds unless it obtains an opinion of nationally recognized bond counsel that such management contract will not impair the exclusion from a recipient's gross income for federal income tax purposes of the interest on the Bond; (e) The District acknowledges that the continued exclusion of interest on the Bonds from a recipient's gross income for federal income tax purposes depends, in part, upon compliance with the arbitrage limitations imposed by Section 148 of the Code. The District covenants to comply with all the requirements of Section 148 of the Code, including the rebate requirements, and it shall not permit at any time any of the proceeds of the Bonds to be used, directly or indirectly, to acquire any asset or obligation, the acquisition of which would cause the Bonds to be "arbitrage bonds" for purposes of Section 148 of the Code; (f) The Bonds are not and shall not be "federally guaranteed" as defined in Section 149(b) of the Code; and (g) The District covenants to file or cause to be filed Forms 8038G in accordance with Section 149(e) of the Code. Section 7. The Local Government Commission of North Carolina is hereby requested to sell the Bonds at private sale pursuant to G.S. 159 -123 to USDA, subject to the approval of the Chairman, acting on behalf of the District; provided, however, that (1) the purchase price of the 2009A Bonds is at least $6,000,000, and that the maximum interest rate does not exceed 4.25% per annum and (2) the purchase price of the 2009B Bonds is at least $3,000,000, and that the maximum interest rate does not exceed 4.375% per annum. Section 8. The Finance Officer, acting on behalf of the District, is hereby authorized to approve the purchase price of the Bonds and the rate of interest on the Bonds in connection with the private sale of the Bonds, subject to the provisions of Section 7 of this resolution. Section 9. This resolution may be amended or supplemented, from time to time, without the consent of the holder of the Bonds if in the opinion of nationally recognized bond counsel, such amendment or supplement would not adversely affect the interests of the registered owners of the Bonds and would not cause the interest on the Bonds to be included in the gross income of a recipient thereof for federal income tax purposes. This resolution may be amended or supplemented with the consent of the registered owners of a majority in aggregate principal amount of the outstanding Bonds, but a modification or amendment may not, without the express consent of any registered owner of Bonds affected, reduce the principal amount of any Bonds, reduce the interest rate payable on it, extend its maturity or the times for paying interest, change the monetary medium in which principal and interest is payable, or reduce the percentage of consent required for amendment or modification. Any act done pursuant to a modification or amendment consented to by the registered owners of the Bonds is binding on all holders of the Bonds and will not be deemed an infringement of any of the provisions of this resolution, whatever the character of the act may be, and may be done and performed as fully and freely as if expressly permitted by the terms of this resolution, and after consent has been given, 7 PPAB 1563972x4 no registered owner of the Bonds has any right or interest to object to the action, to question its propriety or to enjoin or restrain the District from taking any action pursuant to a modification or amendment. If the District proposes an amendment or supplemental resolution to this resolution requiring the consent of the registered owners of the Bonds, the District shall cause notice of the proposed amendment to be sent to each registered owner by first -class mail, postage prepaid, to the address of such registered owner as it appears on the registration books; but the failure to receive such notice by mail by any registered owner, or any defect in the mailing thereof, will not affect the validity of any proceedings pursuant hereto. Such notice shall briefly set forth the nature of the proposed amendment and shall state that copies thereof are on file in the office of the Clerk to the Board for inspection by the registered owners. If, within 60 days or such longer period as shall be prescribed by the District following the giving of such notice, the registered owners of a majority in aggregate principal amount of the Bonds then outstanding have consented to the proposed amendment, the amendment will be effective as of the date stated in the notice. Section 10. This resolution is effective on its passage. On motion of Commissioner House, seconded by Commissioner Burgin, the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY, PROVIDING FOR THE ISSUANCE OF $6,753,000 GENERAL OBLIGATION WATER AND SEWER BONDS, SERIES 2009A AND $3,000,000 GENERAL OBLIGATION WATER AND SEWER BONDS, SERIES 2009B OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY" was duly adopted by the following vote: AYES: COMMISSIONERS MCNEILL, HILL, ANDREWS, HOUSE, BURGIN NAYS: NONE 8 PPAB 1563972v4 STATE OF NORTH CAROLINA ) ss: COUNTY OF HARNETT ) I, KAY S. BLANCHARD, Clerk to the Board of Commissioners of the County of Harnett, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY, PROVIDING FOR THE ISSUANCE OF $6,753,000 GENERAL OBLIGATION WATER AND SEWER BONDS, SERIES 2009A AND $3,000,000 GENERAL OBLIGATION WATER AND SEWER BONDS, SERIES 2009B OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY" adopted by the Board of Commissioners of the County of Harnett, North Carolina at a meeting held on the 18th day of May, 2009. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 19 day of May, 2009. 0 PPAB 1563972v4 KAY S.4tLANCHARD Clerk to the Board of Commissioners County of Harnett, North Carolina Attachment 7 HARNETT COUNTY NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance on July 18, 1988 and June 5, 2000 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A -340; and WHEREAS, the Zoning Ordinance contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to the articles of the Zoning Ordinance as listed below and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Article VI "Zoning Districts &t Regulations ", Section 11.0 "Use &z Structure Regulations" of the Zoning Ordinance shall be amended to read as indicated in "Attachment ". "Attachment" is filed with the Zoning Ordinance in the Clerk to the Board's Office. Duly adopted this 18th day of May, 2009 and effective upon adoption. HARNETT COUNTY BOARD O)T COMMISSIONERS c � y Timothy B. ill, Chairman ATTEST: Kay S. Blanch d, Clerk to the Board J\ Article VI "Zoning Districts & Regulations" Section 11.0 "Use & Structure Regulations" Swimming Pools A. Swimming pools as permitted uses shall be located only in side or rear yards at residences and in recreation areas at apartment complexes and manufactured home parks. All swimming pools shall be completely surrounded by a fence or wall with a height of no less than four (4) feet. The fence or wall shall be made of any suitable and durable material that is intended for a fence. The fence or wall shall be designed so that a four inch (4'D diameter sphere cannot pass through any opening. All gates and doors opening through such fence or wall shall have self - closing and self - latching devices which keeps the gate or door closed at all times; however, the door of any dwelling which furnishes part of the enclosure need not be so equipped. An aboveground pool wall, itself, may be used as the barrier if the pool structure is on grade and the wall and structure are at least four (4) feet in height. Where an aboveground pool structure is used as a barrier or where the barrier is mounted on the pool structure, the ladder or steps shall be surrounded by a barrier which meets the above requirements. Where a wall of a dwelling serves as part of the barrier one of the following conditions shall be met: 1. The pool shall be equipped with a powered safety cover in compliance with North Carolina Building Code ASTM F1346; or 2. All doors with direct access to the pool through the wall shall be equipped with an alarm which produces an audible warning when the door and its screen, if present, are opened. The alarm shall sound for a minimum of thirty (30) seconds and shall automatically reset under all conditions; or 3. Other means of protection, such as self - closing doors with self - latching devices, which are approved by the Planning Board, shall be acceptable so long as the degree of protection afforded is not less than the protection afforded by the previous two (2) items. B. All swimming pools and surrounding deck areas shall be at least ten (10) feet from any side or rear property line and shall comply with any other setback requirements. C. All buildings containing mechanical or chemical feeding equipment associated with the operation of a pool shall be at least five (5) feet from any side or rear property line and shall comply with any other setback requirements. D. Any lighting associated with a swimming pool shall be shielded or located in a manner which will not adversely affect adjoining property or impair visibility on adjacent streets, roads or highways. E. Installation of electrical wiring shall be in conformance with the National Electrical Code and any applicable state and /or local codes; the pool shall be located such that no existing utility owned supply or service drop conductors pass directly over the pool or diving platform nor closer than fifteen (15) feet away from the outside edge of the pool without the approval of such utility company. F. A water discharge plan for the swimming pool shall be submitted with the permit application showing property dimensions and other pertinent data; the water discharge plan shall show that the waste water shall be discharged in one (1) of the following ways: G. Waste water shall drain directly into the street storm drainage system, other public storm drainage system, or roadway ditch or H. Waste water may be disposed of on the property without threat of discharge onto adjacent lots so long as such does not constitute a threat of discharge onto adjacent property streets or roadways. , Attachment 8 HARNETT COUNTY NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance on July 18, 1988 and June 5, 2000 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A -340; and WHEREAS, the Zoning Ordinance contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to the articles of the Zoning Ordinance as listed below and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Article VI "Zoning Districts & Regulations", Section 11.0 "Use & Structure Regulations" and Article XVI "Definitions" of the Zoning Ordinance shall be amended to read as indicated in "Attachment ". "Attachment" is filed with the Zoning Ordinance in the Clerk to the Board's Office. Duly adopted this 18th day of May, 2009 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS Q Timothy B. •Neill, Chairman ATTEST:: ecut-d2ia,�gZ_ Kay S. Bla hard, Clerk to the Board Article VI Section 11.0 "Use Types pes & Regulations" as shown . . ........ 11.1 Use Types and Regulations Home Park Ordinances P - Use is permitted by right C - Use is permitted conditionally Manufactured Homes (on individual parcel) i .......................... .............. . ... .. . ...... . ....... . ....... ............ . ... .. . ........... .... . ....... .. ........... .... . ...... . .......... ... . ........ - .. . ............... . .. . ........... . ............. . ...... Z Td z 0 0 0 P* ....................... . . ......... . 2 per dwelling unit C� Multi-Section Manufactured Homes (on 0 UJ PARKING > P* P* P* ............ ............ .......... . .. . ............. ............... ....... ...... ..... Uj 2 per dwelling unit . ....... .. RESIDENTIAL -- ----- ................ . ... . .................. . ..... ..... ... ..... .. ..... .... .. . ... ........... Cofl.d..o.M.irily.m De.v.e.1.o.p..m.e.n..t.s ................................. .......... ......................... ... P* ...... . ............. ..... ............... ...... . ... . .. ........... . . . C* ........ . . .......................... C* Traditional Household_ Residential ......... . ......................... ....... . .. ............ ............................... . ........ 1.5 per bedroom 2 Multi- family Dwelling (three (3) or more dwelling q units on individual parcel) .................. . . . . . . . . . . . — - - - - -------------- ............ P* - . .... ........ . i .... ... ........ . . .... Single Family Dwellings (includin-'g",--,-m"-o-d—ul-a-r,-----,�",-"- - ----- - --- - P* - - - - --------- P P P P .. . . ......... ... . ......... hoT!�§) . .......... _ . . C* ............. . C* .................. .................................................... ............... 1.5 per bdrm + 1 per bdrm over 2 2 Two-Family Dwelling (duplex on indiviiddlul'w' 2 per dwelling unit � ... . .. . ....... Comp b _!�ti ility Design Development .. . ... . ..... P* P* . . ......... P* . ........... - P* .............. .... I ---------- - - 2 per dwelling unit Manufactured Home Parks (see Manufactured . . ........ . ..... . ..... Home Park Ordinances C 2 per dwelling unit Manufactured Homes (on individual parcel) i .......................... .............. . ... .. . ...... . ....... . ....... ............ . ... .. . ........... .... . ....... .. ........... .... . ...... . .......... ... . ........ - .. . ............... . .. . ........... . ............. . ...... C . ..... . .............. . P* ............. P* ....................... . . ......... . 2 per dwelling unit Multi-Section Manufactured Homes (on P* P* P* ............ ............ .......... . .. . ............. ............... ....... ...... ..... ............... . .. i-n.diKidual- parc.el) . . . . . . . . .. . ................ ...... . . .......... 2 per dwelling unit Multi-Family Residential ............................... . . ................ . . . ................ - ................. ....... . ....... . . .. ... ........... . ........ ......... .................. ................ . ... . .................. . ..... ..... ... ..... .. ..... .... .. . ... ........... Cofl.d..o.M.irily.m De.v.e.1.o.p..m.e.n..t.s ................................. .......... ......................... ... P* ...... . ............. ..... ............... ...... . ... . .. ........... . . . C* ........ . . .......................... C* . C* ......... . ......................... ....... . .. ............ ............................... . ........ 1.5 per bedroom 2 Multi- family Dwelling (three (3) or more dwelling q units on individual parcel) .................. . . . . . . . . . . . — - - - - -------------- ............ P* - . .... ........ . i . . .. .............. C* ........... . C* . . . ............. ................................................................ P* ................. ................... 1.5 per bdrm + I per bdrm over 2 Townhome Development ------_----- - . ...... 4 .......... P* . . . . . . . ....... . .... C* . .......... _ . . C* ............. . C* .................. .................................................... ............... 1.5 per bdrm + 1 per bdrm over 2 2 Two-Family Dwelling (duplex on indiviiddlul'w' P P P -- - - - - -- ......... . parcel) 1.5 per bdrm + 1 per bdrm over 2 1 .................. .. . .................... . .... . .... . . . ....... ..... ..... . ......... . . . . ..... . ...... . ..... . Nontraditional Residential (See PUD ............. ............. . . . ..... .. . ............... .... . ... . ... . ................ . ........ ... ........... ... ....... . ........... ....... . ........ . . . ......... Article) ................I . ................................................................. . .................. .. . .......... ...... . .......... ................ . ................ . .. .................... ...................... LiveNVork Development . ........ .... ...... . ..... .................. . ...... ............ . . .............. . ..... ..... . . ............. . ....... . . .............. . . ..................... C* C* ....... .............. . ... . ...... .... ...... ...... . ........... . . ....... .. ....... . ....... . . . .. ..... .. . .................. .. ................. .. . ... . ......... ................. . ................ . .. ... ................ . .. . ................. ............ . .. . ..................... "... .............................. ... ...................... . .. .......... As required by proposed uses .......... 3 Planned Unit Development (non-residential) .......................... . ..... . .. .. . ............. . .................... ..... ........ ..... . ......................... . ...................... . .. . .. . .... . ..... .. ..... C C . . ........ . . . ........... .. . ........... . ... . .............. . ... ............. . .. . .................. . ........... ...... . ....... ... .. . .. . ...... . ...................... . .. ... . .. ............ . . - ......... . ..... I .................. . ... . ............. .. As required by underlying use . .. . ...... . . ....... 3 Planned Unit Developments (residential and/or C C C . ..... 1-1- ............ . ..... . .. ...................... ......... .... . As required by underlying use 3 residential mixed u�� .............. .............. ............ 1-1 .... . . .................... . .... .... ...... .. . . . .... ........ . ....... . ..... ........ ..... . ............... . .... ...................... ............. . . ... . .......... ..... ........... ..................... ... . ................. . Group Residential ...................... .................... . ........ ............. . ..................................................................................... ........ ........... Family Care Facilities .... .. .. . . . ...... ........... ... .... . . . . . ..... . ... ................ P* P* ..... . .................. P* ... P* 1 per 5 beds 2 Group Care Facility C* C* C* C* ........ . ..... C* . .... .. . ..... . ....... 1 per 5 beds 2 ACCESSORY USES AND STRUCTURES i . ..... . ......... ...... . . .... ....... . . . . . . ........ . ........... ... . . ...... ... . ..... Customary Home Occupations ............... . ... .......... . ...... ----------- P . P .......... P P Education: Typically related accessory uses ................. . ..... ... ...... . ............ . .... . ..... . ......... . . ......... .......... (dormitories, stadiums, auditoriums, P P P see 081 District Regulations museums etc...) M.- ) ... ........ __ ..... . ....... . .. . ........ . . . ...... . . ....... . ...................... .............. . ..... ........ . . Religious Structures related accessory uses . .... . ............. .......... . ... . .. ............ . . ......... . ..... . .... ........ ...... . ... . ..... . ..... . ... . ............ ... .............. . .... ..... - - . . ..... .... .......... (Rectories, Parsonages, Manses, Parish C C P P P P P P 2 Houses, Cemeteries, Mausoleums, etc) ........ . . ....................... ...... .... . ..... ....... .... . .... . ... . ...... . .. .................. Swimming Pools P* P* P* P* . .................... P* . ....... . ...... . ... P* ....... ........................... P* . .. . . .......................... . .......... ....... . .......... . .... . . ... ........ . ...... AGRICULTURE AND FORESTRY . ...... . ..... . ... ................... . . .... . ... . .. . ........... . . . ............ Bona Fide Farm P P P P P P P k . P ... ..... . . . ........... . .. ........... . Preserves (Nature, Wildlife, or Fore P P P P EDUCATIONAL AND INSTITUTIONAL ........ . ....... . ...... . .. . .... . . .. . ...... ............... ... . . . . .. . ........ .... . ........ . ......... . ........ . .... ..... Continuing Care Retirement Community - — C C C - - - ---- --- c c . .................. c .. c .............. .. .............. . ------------ . .... . .. ......... Per employee (largest shift) + 3 ........... ....................... . ......... ...................... . . ... ........ . ..... . ........... ..... .. . ...... . . ........ ...... .. .. ... .. ............ ............. .. . .. ... .... ....... . per resident Relious Structures ............ _._9.i_..._. . .. ........ .. . ....... . ..... . ....... . .... . . . ................ ... . ......... . . .................. C P P P . . ........... .... . ........ . ... .... ....... .. ..... P ... . ......... . .. P ............... P P 1 per 4 s'*an*ctuary seats 2 Cemetery or Mausoleum, Commercial Use ........................ . ...... ................. ...... - C .. .... ..... ....... . ... .... ..... - ................... C . ...... ...... . ........... C ............ C ....... . ........ C ........... __ ................................ . ......... . ............. . .......... ........... 2 Cemetery or Mausoleum, Private Use .. . .............. .... . .......... . ........ ........................ ................... ....................... ... ................... ... ............ P* P* ..... ............... P* . . P* ....... .... ................... .. ............ . .................. ........... 2 Funeral Home or Mortuary ........... . . ................. ................ . ... . . . ........ .................. .............. P . ...................... ............. . .... - .......... ...... .... . ..... 1 per 4' seats'0R' 1 per 200 sq. ft. 2 1 2 Z � U) p i O O is > U U wLU - - - __ Adult Daycare �__ — C* - -- P* P* C* C* C* C* C* 1 per employee + 1 per 8 clients 2 Childcare Facility C* P* P* C* C* C* - C* - C* - - -- • -- -- ..._._._. __.__._ 1 Per employee + 1 per 8 clients 2 In -Home Childcare - - -- - - -- - - - .__....__. .. __. P* P* P* P* As required by underlying use 1 Educational Services _..__._— _.__..__._.._ _..._.. _._. _.._ _... _ - - - -- - -- ..._... _ — -- Educational Institution: Colleges, Universities ------ -- P P C __ _........... P s ....._ P P P P 5 and Trade Schools per classroom + 1 per office 2 Research Laborato P P C P 1 Per 2 employees (largest shift) 3 - -- ._ ...... . .... ..... . . ............. . _...._.... _. _..._........... --- ,. - -. .. — °^ -- _...._. R eer 500 sq School: Elementary &Middle _. _ _...._...._.. -.- --- -...._ .. -C. - C ;_ C._..._ ....; .... P...__. P.. ; ..._ P P 2 per classroom Z School H!gh _.. -._ -.- _..._.... - . .............................. _ _C .. C_ _ <. C_ ry _._ . _._....._. P __._... P P P _ .... _...__... __ .... ... ... ....... 5 per classroom Z.. Truck driving school - - - -- -- P C C _.._. .......__ ............. _ ...... _._._ ............. ........ - - -. -- 5 per classroom + 1 per office 4 Financial Services _.......... .— ._._.... __...._. _.. _.......__.._... - ._.._.__ ...........- - ............ _ .._.._ Automated Teller Machine (ATM) - -- -- - - - - -- P* P* y P* _... - P* P* P* ......... . ....... ..... .................................... __...._._ 2 per machine ... 2 Financial Institutions (Banks, Credit Agencies, C P P P o- -- - -` - -' - ---- - - -- Investment Companies, etc) _..__... -- .- .- ..-- -.._.. _.._......--- .._....._.. _ 1 per 20o sq. ft. 3 Health Services - _ _._._ _..... _.......... _ . _.._. ----- ;_--------------- - - - - -- .._._...._... __....__........ - -- ........_...._...._._......__ Emergency Services (Police, Fire, Rescue,-- P P P _. P P P' P P Ambulance Service) 1 per 350 sq. ft. 2 ........... _...........__..... _...._ ..... - -_... .-- _ ................. _............ .... Health Care Sernces (Medical &Dental Clinec ........ .. ........ . _....._. ....0 _C _.... _....q_... ... ........_..... - - -- & Lab, Blood Bank, etc) C P P P C C per 300 sq. ft. 3 Hospitals...... _ .... ................_.............. __..........__ ... - - - -- P _. P _ P P _ P P P .. ..... ..................... P _..._........_._. _....__..................... _......... _......_.. 2 per bed 3 Public Services _._. _.._.__ ......__ ..__...._..._.._ .. ............. _.._.._ . ___.._ Parks - -- - _...._........_.._._._._ . _._. _. _.... -- — _ _..._ P P _ P ...._... P P P P _ _............ P ; _...... ...... ........ .... .. 1 Public Librar)!... __._.._._._ _. _._. _. _ — -_ -- _.P i P P P _...... P .._.._ . P P P ............ _- ...... -- _.._._- — ._... _...._.._....._..----- 1 per 300 sq. ft. 2 Social Institutions _ ..._...__._........._ ._ _...._. _ _ ... _ ............ ..- -_ .... ................. _ .................. . .......... _. _ . _..- Community and Civic Centers -- - -- ------. ._._..---- .....__._._._._...... ._.._.._......._.. _ _... - . P - _ P P P P P _... ..... _ _....._......_....... .................... 1 per 200 sq. ft. .. ; 2 Social halls, lodges, fraternal organizations P P C _ C - C .•....__..__......__..__.__..._....___....__ C .._....._ ............._.__._.._ clubs, and similar activities 1 per 200 sq. ft. 2 COMMERCIAL. t Existing commercial uses applying for permits to - - expand _.... - ..................._..................._........._...._.............__......._.............._............................ .._....._...._............._._. P C C C As required by underlying use 3 AnimalSe . ..................................... - ................ ..... ._ ...... _ ........ _ ............. Kennels, Boarding tables, and Other similar g ........ C C C C C C _ C 1 per employee + 1 per kennel or regulated land uses __....._ _.._. —. - -- - -- - __.. _ ..... pen 3 Veterinarian Service C* P* C* C* C* C* C* C* ........... __ ...... _.._.. 1 per 300 sq. ft. 3 Eating and Drinking Places _.......... _... -- — _... ..._._.._......._ _ _.... Restaurant _ ... -- .........._..._... __. P P P P C .._ C C C 1 per a seats 3 Bar or Tavern ....... ........- __...... ..._.. .._ ............................ ................ _...._ C* ................. C* ...... .......... ..._....... .._ . _... _ _.. _ ........ _. ...................... ..__ .. ..... 1 per 4 seats 3 Lodging Services .... _..._.- _._.._ _... .__... _.._ .... _ ..... ................. .._.................... ........................... ...... _ ............. .. ... ................_ Bed and Breakfast _.._.._ C* C* C* C* _ 1 per room + 1 per employee 3 Boarding . ................. .._._...._._ ........... .. - .............. _ _ .... _...... _.._ .._..... ........ a .. . C C 1 per room + 1 per employee ... 3 Hotel or Motel _ . _... -- - -.._ ..._....... _. _ ..._._... ..._.....__ C P P C* . .. .. .. 1 per room + 1 per 2 employees 3 Homeless Shelter - -.._.. _.._..... _ _.._ .. _. _.._..._..... ......... . - - C* C* _ - C* C* C* 1 per 400 sq. ft. 3 Recreational Vehicle Park _ _.. .. ............ C* ... _..._.._ . .. _ _. ... C - _ * C -... _.. C * . __ .._... ._.._ __.................. - -_... - ..._._ 3 ; Offices General Offices (Business or Professional) _.......__.. _ ........... P ...., .P.. w . P.. P ., C. C Q C 1 per 200 sq. ft. 3 ........ . ................ ._ .......... ..._C . ........ __ ........ ...... ... Personal Services _ . ...... ......... _..... _.._......... ..... _ .. . .._....... ............. _ Licensed Massage and Bodywork Therapist ............ ............... P _ C C C 3 per licensed therapist 3 Massage Massage... parlors ............. _..._.. _ ... C* Trades and similar enterprises catering to P P P C C! C C ...... households and business establishments 1 per 300 sq. ft. 3 2 3 LU Cn Recreational Facilities I per 4 persons (at max capacity) 3 Athletic Fields, Private P* P* Health & Training Center, Indoor Health & Training Center, Outdoor Race Track i 1 per participant + 1 per 3 seats 3 C per 4 persons (at max capacity) 3 Shooting Range 1 per firing point Retail Services Convenience Stores and Convenience Type Business Establishments 1 per 150 sq. ft. Flea Markets, Rummage, and Second Hand Sales and Activities establishments (entirely within an enclosed P P P I per 300 sq, ft. exually-Oriented Business (ie, bookstore, Vehicle Sales, Leasing, and Service . ......... ... Automobile Service Stations Manufactured home, modular home, and recreational vehicle sales, including related per 2 employees (largest shift) q�.��ncl sale of parts Outdoor display, storage, or sale of vehicles or Per 2 employees (largest shift) INDUSTRIAL Existing industrial uses applying for permits to expand C C C As required by underlying use 4 Manufacturinq Man facturinq, Fertilizer 1 per 2 employees (largest shift) Manufacturing, General P C I per 2 employees (largest shift) I per 2 employees (largest shift) Manufacturing, Light OR I per 500 sq. ft. Warehousing and Freight Handling ssembling, processing industries, wholesale, P C 1 per 2 employees (largest shift) warehouse, and transfer activities Storage, Recreational vehicle and travel trailer see Office, if applicable Storaq , Self mini-warehouse see Office, if applicable 3 Wholesale Trade 1 per 2 employees (largest shift) (see "Junk Motor Vehicles, Junk Yards, and Abandoned Manufactured 1 per 2 employees (largest shift) i Recycling Plant P C C 1 per 2 employees (largest shift) 4 3 Bar or Tavern A. All applicable local, State, and Federal requirements shall be met. B. No such facility shall be located within 2,000 feet of an educational institution, school, or religious structure. C. Building(s) shall be located a minimum of one - hundred feet (100 from any property line(s) that adjoins a residential zoning district. Otherwise, said building(s) shall conform to the requirements of the principal use for the district in which it is located. D. Additional temporary overflow parking of one (1) space per 200 square feet of building area shall be required for bars or taverns providing dancing and /or live entertainment. Boarding House A. The operator of the boarding house must occupy the dwelling as a primary residence. B. Meals may be provided only for boarders and /or occupants of the premises, and no cooking facilities may be provided in guest rooms. C. The quarters utilized by boarders and /or occupants of the premises shall be in the principal residential structure. Cemetery or Mausoleum (Not on the same property as religious structure) A. All applicable requirements of the North Carolina General Statutes and Flamett County concerning interment of the dead shall be met. B. No interment shall take place within one - hundred feet (100 of any property line(s) or public right(s) -of -way. C. Buildings for the maintenance, management, and /or sales of cemetery lots shall be located at least one - hundred feet (100 from any lot line that adjoins a residential zoning district. 4 Z J rn o ca OZ Y € o 4 M PARKING C UJ UJ OR 1 per 500 sq. ft. Solid Waste Disposal, Land application of C C C C 1 per 2 employees largest shift) sludge, or petroleum- contaminated soil OR leer 5011 sq. ft. a S01id Waste Disposal, Land Clearing and Inert _ - Debris Landfill * C C * C * C C * * C * C 1 per 2 employees (largest shift) 4 MINING _ _ _ _.__._____._.__.__ .,.__.._ Mining activities (see "Mining General ' °) C C C C ; C C _ 1 per 2 employees (largest shift)- ....._........ tonS —_ ...,____.._ ..,._ C_ . OR 1 per 500 s . ft. q a UTILITIES — Private owned public utility structures and � P P P facilities C C C C 1 per 2 employees, if applicable 3 Towers: Microwave, T.V., telephone, radio C C C C C C C _._ -.— C -- - - -- ..._... ........ -- - _ - - - and cellular a TEMPORARY USES Residence Temporary — — _ _ _ P P P P 2 per dwelling unit 1 MISCELLANEOUS USES — 4 _.. ,Airports and related uses — P C C _._._... 1 per 300 sq ft a Outdoor advertising signs (see "Sign Regulations °)_.- _..._- ....._._._. -__ _ .. _. _ .................... _ ..... _ ... _ ............ _ . ....... ... ............. .......... _ . __.............._ _ ....... ..... _ .... ........... _ ......... _..._....._. s ..........i see specific development regulations in this section Article VI Section 11.0 "Use & Structure Regulations" (all items shall be added a0babeticalll 11.3 Use Regulations Bar or Tavern A. All applicable local, State, and Federal requirements shall be met. B. No such facility shall be located within 2,000 feet of an educational institution, school, or religious structure. C. Building(s) shall be located a minimum of one - hundred feet (100 from any property line(s) that adjoins a residential zoning district. Otherwise, said building(s) shall conform to the requirements of the principal use for the district in which it is located. D. Additional temporary overflow parking of one (1) space per 200 square feet of building area shall be required for bars or taverns providing dancing and /or live entertainment. Boarding House A. The operator of the boarding house must occupy the dwelling as a primary residence. B. Meals may be provided only for boarders and /or occupants of the premises, and no cooking facilities may be provided in guest rooms. C. The quarters utilized by boarders and /or occupants of the premises shall be in the principal residential structure. Cemetery or Mausoleum (Not on the same property as religious structure) A. All applicable requirements of the North Carolina General Statutes and Flamett County concerning interment of the dead shall be met. B. No interment shall take place within one - hundred feet (100 of any property line(s) or public right(s) -of -way. C. Buildings for the maintenance, management, and /or sales of cemetery lots shall be located at least one - hundred feet (100 from any lot line that adjoins a residential zoning district. 4 Otherwise, said building(s) shall conform to the requirements of the principal use for the district in which it is located. Homeless Shelter A. No such facility shall be located within 2,000 feet of another homeless shelter. B. Staff shall be provided on -site twenty -four (24) hours a day during periods of operation and /or occupancy. C. The use shall be owned and managed by a charitable or benevolent operation qualifying for tax exemption under Section 501 of the Internal Revenue Code or by a government entity. D. There shall be no compensation required for occupancy in the facility. E. There shall be a minimum of fifty (50) square feet of sleeping space per person. Article XXI "Definitions" (all items shall be added aphaheticalll Bar /Tavern is an establishment in which alcoholic beverages are served, primarily by the drink, and where food or packaged liquors may also be served or sold. Boarding House is a private residence where guests are provided meals and lodging for a fee. Cemetery, Private Use is property used for the interment of the dead with ten (10) or fewer burial plots. Sometimes referred to as family burial plots. Cemetery, Commercial Use is property used for the interment of the dead, generally with more than ten (10) burial plots, and intended for commercial purposes. Funeral Home is a building used for the preparation of the deceased for burial and viewing of the deceased and rituals connected therewith burial or cremation. Graveyard (see Cemetery) Homeless Shelter is a facility providing temporary housing to indigent, needy, or homeless persons. Mausoleum (see Cemetery) Mortuary is a place for the storage of human bodies prior to autopsy, burial, or release to survivors. Attachment 9 THAT WHEREAS, Kay S. Blanchard first became employed with Harnett County as a clerk - typist in 1981; that as a new County employee, Kay S. Blanchard exhibited attributes of trustworthiness and a consistent work ethic, and she advanced to the position of Administrative Assistant to the Harnett County Manager in 1985; and WHEREAS, based upon her administrative skills, loyalty and dedication to the ideals of local government, the Harnett County Board of Commissioners appointed Kay S. Blanchard as County Clerk and on July 17, 1995 she was sworn to that position which she has held and performed with honor and distinction to the time of her retirement in 2009; that while acting as County Clerk, Kay S. Blanchard devoted herself to various educational opportunities at the Institute of Government at the University of North Carolina at Chapel Hill, and in 2002 she was awarded the high honor and distinction of Certified Municipal Clerk from the International Institute of Municipal Clerks; and WHEREAS, as County Clerk, Kay S. Blanchard has brought substantial recognition and esteem to Harnett County as she has served as President of the North Carolina Association of County Clerks to the Boards of County Commissioners, and she was recognized statewide by her peers when she was named the 2006 Outstanding Clerk of the Year by the North Carolina Association of County Clerks; and WHEREAS, during her twenty -eight year tenure of County service which includes her responsibilities as Administrative Assistant to the County Manager and County Clerk to the Board of Commissioners, Kay S. Blanchard has provided comprehensive support services to the County Manager's office and the Board of Commissioners through an era of tremendous growth and development in Harnett County; that she has always performed her duties with integrity and professionalism while also exhibiting a good sense of humor and kindness to her fellow employees and a penchant for being courteous, patient and helpful to those Harnett County citizens who would call upon her for assistance. NOW THEREFORE BE IT RESOLVED, by the Harnett County Commissioners that Kay S. Blanchard is hereby commended and honored on behalf of the citizens of Harnett County for her exemplary service and contributions to the development of Harnett County as Administrative Assistant to the County Manager and as County Clerk. The Board does hereby express its heartfelt appreciation to Kay S. Blanchard for her dedication and superb work, and it further gives its best wishes to Kay and her family in her retirement from government service. Duly adopted this the 18th day of May, 2009. HARNETT COUNTY BOARD OF COMMISSIONERS ,4� eatrice B�Hi, ice C airman Dan B. Andrews Jim Bur