Loading...
032116mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting March 21, 2016 The Harnett County Board of Commissioners met in regular session on Monday, March 21, 2016, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Jim Burgin, Chairman Gordon Springle, Vice Chairman Abe Elmore, Commissioner Barbara McKoy, Commissioner Joe Miller, Commissioner Joseph Jeffries, County Manager Paula Stewart, Deputy County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Chairman Jim Burgin called the meeting to order at 7:00 pm. Boy Scout Troop 794 of Buies Creek led the pledge of allegiance. Commissioner Abe Elmore led the invocation. Chairman Burgin called for additions and deletions to the published agenda. Mr. Jeffries requested the deletion of Agenda Item 4H Harnett County Emergency Service's request for approval of the EMS Assistant Medical Director contract between County of Harnett and Gregory Michael Christiansen, M.D. as the EMS Medical Director from the agenda. Mr. Jeffries also requested to remove Agenda Item 40 Harnett County Economic Developments' request for approval of listing agreement with Avison Young through January 31, 2017, with option to extend, to market certain county -owned properties for commercial development from the consent agenda for discussion purposes. Commissioner Miller requested the deletion of Agenda Item 4L Harnett County Human Resources requests approval of the Harnett County Vehicle Use Policy from the agenda to be discussed at the next work session. At this time Chairman Burgin recognized Sheriff Larry Rollins who announced his resignation as the Harnett County Sheriff as of 5:00 pm today. Sheriff Rollins addressed the group. Chairman Burgin requested the addition of Appointment of New Sheriff to the agenda for consideration. Commissioner Elmore moved to approve the agenda as amended. Vice Chairman Springle seconded the motion which passed unanimously. Vice Chairman Springle moved to approve the following items listed on the consent agenda. Commissioner McKoy seconded the motion which passed unanimously. March 21, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 9 1. Budget Amendments: 265 Cooperative Extension, Code 110- 7301 - 465.12 -00 110 -7301- 465.22 -00 110 -7301 - 465.25 -10 110- 7301 - 465.26 -08 110- 7301 - 465.60 -33 110 -7301- 465.58 -14 110 -7301- 465.30 -22 110- 7301- 465.41 -11 110- 0000 - 334.73 -01 CCR &R Block Grant Salaries & Wages FICA Tax expense Unemployment Benefits Workman's Comp Benefits Materials & Supplies Travel Indirect Cost Postage CCR &R Block Grant 267 Sheriff's Office Code 110- 0000 - 331.51 -05 Bulletproof Vest Grant 110- 0000 - 399.00 -00 Fund Balance 270 Public Utilities Fund Code 531- 9000 - 431.33 -50 Contracted Services 531- 0000 - 354.01 -00 Sale of Other Assets 272 Harnett County WIOA Youth Program Fund Code 234 - 7405- 465.26 -09 Workers Comp Participant 234 - 7405- 465.41 -13 Utilities 234 - 7405- 465.58 -01 Training & Meetings 234 - 7405- 465.60 -33 Materials & Supplies 234 - 7405- 465.26 -08 Workers Comp 234 - 7405- 465.12 -00 Salaries & Wages Part time 274 Register of Deeds, Automation Enhancement Fund Code 230 - 4800 - 410.30 -04 Operating Professional Services 230 - 0000 - 399.00 -00 Fund Balance Appropriated 278 Education Department Code 110- 8600 - 480.36 -19 CCCC — DOT 110- 7100 - 465.32 -79 Economic Development 2885 increase 440 increase 71 increase 139 decrease 614 increase 1500 increase 356 increase 120 decrease 5607 increase 5224 increase 5224 decrease 700 increase 700 increase 600 decrease 400 decrease 500 decrease 82 decrease 200 increase 1382 increase 12100 increase 12100 increase 70000 increase 70000 decrease 2. Tax rebates, refunds and releases 3. Resolution to add roads to state system (Attachment 1) 4. Resolution of the Harnett County Board of Commissioners to Accept a Gift of Real Property from Mr. Lester C. Phillips (Attachment 2) March 21, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 9 5. Harnett County Emergency Services requested approval of the Harnett County Emergency Services Basic Life Support Training Policy. The policy is to establish a uniform procedure for providing Basic Life Support Training courses within Harnett County. Harnett County Emergency Services will provide several types of American Heart Association Basic Life Support Courses. The cost of the Basic Life Support Training will consist of a fee schedule based on the agencies, organizations and individuals. 6. Harnett County Emergency Services requested approval of MOU regarding Assistant Medical Director in charge of Non - Traditional Practice Setting for Paramedics between County of Harnett and Daniel Christian Minor, M.D. 7. Administration requested approval of N.C. Department of Transportation Traffic — DOT Construction Agreement to construct a new entrance to the Harnett County Central Carolina Community College on US 421. 8. Harnett County Sheriff's Office requested approval of the Harnett County Detention Center Medical Plan developed by Southern Health Partners. 9. Harnett County Sheriff's Office requested approval to apply for a Governor Highway Safety Grant for four full -time traffic enforcement positions and four fully equipped vehicles requiring a county match of 15% ($74,885) for the 2016/17 budget year, year, 30% of the personnel cost the second year, and 50% of the personnel cost the third year. The County will be responsible for 100% of the costs after the third year. 10. The Western Harnett/Overhills Area PTO Thrift Store requested waiver of their mixed trash landfill fees. Harnett County Engineer recommended, if this request is approved, waiving fees up to $1000. 11. Harnett County Public Utilities requested the approval of the contract documents with MBD Consulting Engineers, P.A. for the Odor Control/Lime Feed System at Fort Bragg Wastewater Lift Station. The award of construction contract for Odor Control /Lime Feed System at Fort Bragg, in the amount of $189,000, was awarded to ELJ Incorporated of Jacksonville, NC on February 1, 2016. 12. Harnett County Economic Development requested approval of listing agreement with Avison Young through January 31, 2017, with option to extend, to market certain county - owned properties for commercial development. Avison Young will be responsible for marketing the properties for sale and will be paid through a commission on properties sold. 13. Harnett County Cooperative Extension requested 2% cost of living increase on the Harnett County portion of the split funded Cooperative Extension employees' salaries. This will be a retroactive adjustment effective 1/1/16. March 21, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 9 14. Harnett County Finance Officer requested approval of contract with Martin Starnes & Associates, CPAs, P.A., to audit County's financial records. Chairman Burgin presented a framed copy of the Resolution of the Harnett County Board of Commissioners to Accept a Gift of Real Property from Mr. Lester C. Phillips to Mr. Bobby Phillips and expressed the Boards' appreciation for the donation. Chairman Burgin recognized Dunn Area Tourism Authority Director Sharon Stevens and Dunn -Erwin Rail Trail Treasurer Patsy Carson. At this time Chairman Burgin read the following prepared statement: "On Feb. 9, 2016, the Harnett County Board of Commissioners was notified by Harnett County Sheriff Larry Rollins in closed session of his plans to resign the office of sheriff effective March 21, 2016, at 5 p.m. According to Section 162 -5 of the North Carolina General Statutes, it is the responsibility of the county board of commissioners to select a replacement to serve the remainder of a sheriff's vacated term at the next board meeting following the sheriff's resignation. We take our responsibility in this matter very seriously and in selecting a new sheriff, we had the following goals in mind: • To select a qualified and capable candidate to serve out the remainder of Sheriff Rollins' term. • To maintain continuity in the Harnett County Sheriff's Office until such a time as the citizens of Harnett County have the opportunity to elect a new sheriff. • To make sure the process for selecting a new sheriff is fair and efficient. With these goals in mind, the Harnett County Board of Commissioners interviewed the three sheriff's majors who currently serve the Harnett County's Sheriff's Office. From these interviews, the board has selected Maj. Wayne Coats to serve out the remainder of Sheriff Rollins' term as Harnett County Sheriff. The next election for Harnett County Sheriff will be held Tuesday, Nov. 6, 2018. In selecting Maj. Coats as sheriff, the board considered his 22 years of law enforcement experience with 20 of those years spent with the Harnett County Sheriff's Office, first as a deputy assigned to Campbell University and then as an employee working his way up through the Sheriff's Office, as well as the level of respect that other members of the Sheriff's Office have for him, and his dedication to serving the citizens of Harnett County. We look forward to working with Sheriff Coats, and we thank Sheriff Rollins for his service and wish him well." Commissioner McKoy moved that: 1) the Board of Commissioners acknowledge the receipt of Larry W. Rollins' resignation as Sheriff of Harnett County effective March 21, 2016 at 5:00 p.m.; and March 21, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 9 2) Major Wayne A. Coats of the Harnett County Sheriffs Department be elected by the Harnett County Board of Commissioners as Sheriff of Harnett County for the remainder of Sheriff Larry W. Rollins' term of office. This motion is made pursuant to the provisions of N.C. G.S. Section 162 -3 and 5. Commissioner Elmore seconded the motion which passed unanimously. Sheriff Wayne Coats addressed the group. Vice Chairman Springle thanked Commissioner McKoy for her leadership in selecting the new sheriff. Chairman Burgin recognized Angier Mayor Lewis Weatherspoon. Chairman Burgin opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. - Cris Nystrom of 391 Center Lane in Bunnlevel addressed the group. He said our leadership must have a united vision. Mr. Nystrom asked commissioners to always reach out to the citizens, hear their concerns, formulate plans and let their actions always reflect the will of the people. - Jimmy McCormick of 713 McCormick Road in Sanford said the new Benhaven Elementary School is waiting to be constructed. Mr. McCormick said it's been some months since the land was transferred to the School Board. He urged whatever differences that the commissioners and School Board have that it might be worked out quickly so our children don't have to wait in an old old building that we know has mold and many things that are not healthy for children. Commissioner Miller moved to approve the appointments listed below. Commissioner Elmore seconded the motion which passed unanimously. Harnett Health System Board of Trustees Dr. Terrill Brown, Gene Lewis and Thomas Butler (nominated by Commissioner Miller) were appointed to serve a three year term on this board expiring March 31, 2019. Home and Community Care Block Grant Committee Deangelo Jackson (nominated by Commissioner Miller) was appointed to serve on this committee. Southeastern Economic Development Commissioner Commissioner Springle was reappointed to serve an additional four year term on this commission expiring December 31, 2020. Harnett County High School Fire Academy Instructor Reggie Hocutt talked about the academy and distributed informational gift bags to commissioners. Mr. Hocutt said we now have the ability to graduate fire fighters right out of high school and noted to date they have graduated 25 fire fighters. He said this program was recently featured by NC NOW. March 21, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 9 Mr. Hocutt introduced Instructor Brian Heath who teaches this program at Western Harnett High School. Past academy students Alex Wilkins and Jake Field addressed the board as to what the program has done for them. Mr. Hocutt, who teaches this program at Harnett Central High School, will again take students to compete in Skills USA this year. Last year Mr. Hocutt took 22 high school students to Skills USA and out of 63 participants Harnett County took the top 15 slots. Mr. Hocutt said their class enrollment is growing and 35 students are currently enrolled in the program. He said other schools want to visit Harnett County to understand their success with the program. He also said if it wasn't for donations from fire departments and local companies they couldn't do all that they do. Mr. Hocutt called upon CT Director Lynn Hartley who presented a thank you plaque to Erwin Fire Department's Chief Wilkins and Chief Pope for their donation of a fire truck and support to the academy. Mark Locklear, Director of Harnett County Development Services, petitioned the Board for a public hearing — Proposed Zoning Change: Case # RZ- 16 -04; Landowner /Applicant: Harriet Marshall & Vivian Clark Chance et al/Erwin McNeill, Harold Gilchrist, The Smith Heirs, etc. 12.7 +/- acres out of a 27.17 acre tract; Pin #9594 -35 -2653; From RA -20R to Commercial; NC Hwy 24/87; Anderson Creek Township. Mr. Locklear noted on February 1, 2016 the Harnett County Planning Board voted unanimously (5 -0) to recommend approval of this Rezoning application based on compatibility to the surrounding properties as well as adjacent zoning district. Mr. Locklear reported the site is currently wooded, and located adjacent to the new Wal -Mart shopping area. Surrounding land uses include single family residential homes and residential subdivisions, undeveloped and federally owned land. A variety of commercial development is within close proximity. Harnett County public water and sewer are available. Mr. Locklear noted as required for all zoning changes within a five mile radius of Fort Bragg, the Regional Land Use Advisory Commission was contacted and did not have any comments. Mr. Locklear stated staffs evaluation as: The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: In the vicinity of the subject property, non- residential development has progressed at a stable pace. The requested rezoning change to Commercial will not have a negative impact on the surrounding properties or the community as it is similar in nature to certain existing zoning districts in the area. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning is compatible with the existing land use classification of Compact Mixed Use. The Compact Mixed activity centers are "growing areas of the county ". They encourage a different combination of uses such as: commercial, civic, institutional, as well as single family and multi- family developments. March 21, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 9 The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The proposed commercial zoning is more appropriate for this site due to properties to the North and South zoned commercial as well as the adjacent property. The proposed zoning would enhance the public health and general welfare. This request is NOT for a SMALL SCALE REZONING and should not be evaluated for reasonableness. REASONING: This request does not need to be evaluated for a small scale rezoning due to the property's size as well as it being adjacent to the proposed zoning district. Suggested Statement -of- Consistency: Staff concludes that the requested rezoning to Commercial is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community and will enhance the public health, safety, and general welfare for the reasons stated in the evaluation. It is recommended that this rezoning request be approved. Chairman Burgin called to order a public hearing on the matter and opened the meeting for comments from the public. - Applicant Erwin McNeil of 6 Long Leaf Circle in Cameron spoke in favor of the rezoning request. Seeing no one else move, Chairman Burgin closed the public hearing. Commissioner Elmore moved to approve the rezoning as presented. Commissioner McKoy seconded the motion which passed unanimously. Mr. Locklear petitioned the board for a public hearing — UDO Text Amendment to Article V (Use Regulations), Section 1.2 (Table of Use Types and Regulations). Mr. Locklear explained the reason for the change is to allow Recycling & Solid Waste Convenient Sites to exist, via a conditional use permit, within the Office & Institutional and RA -40 zoning districts. Mr. Locklear noted after a discussion at their March 7, 2016 meeting, the Harnett County Planning Board voted unanimously (5 -0) to recommend approval of this proposed text amendment. Suggested Statement -of- Consistency: Staff concludes that the requested text amendment is compatible with Harnett County regulatory documents, and the benefits outweigh any potential inconvenience or harm to the community, particularly since a conditional use permit would be required. Therefore, it is recommended that this text amendment be approved. Chairman Burgin called to order a public hearing on the matter and opened the meeting for comments from the public. - An unidentified citizen spoke from the audience. He asked why this change is being made. Mr. Locklear responded Harnett County Solid Waste wants to locate a convenient site in a zoning classification that currently doesn't allow for such. This change would give them the opportunity to apply for a conditional use permit through the Harnett County Board of Adjustment. Seeing no one move, Chairman Burgin closed the public hearing. Vice Chairman Springle moved to approve the UDO text amendment as presented. Commissioner Miller seconded the motion which passed unanimously. (Attachment 3) March 21, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 7 of 9 Mr. Locklear petitioned the board for a public hearing - UDO Text Amendment to Article IV (Zoning & Overlay Districts), Section 14.1.10 (Building Height, Required), Section 14.3.5 (Compatibility Design Concept Table); Article V (Use Regulations), Section 1.2 (Table of Use Types and Regulations), Section 3.2.1 (Multifamily Residential Development: General Regulations), Section 8.2.3 (Manufacturing, Light), Section 11.8.3 (Planned Unit Development Design Guidelines); Article VII Development Design Guidelines, Section 4.0 (Sidewalk Standards). Mr. Locklear explained the proposed text amendment is to update the U.D.O. with the current Land Use classifications as listed in the new Comprehensive Land Use Plan, He said this is basically a clean-up because once the new Land Use Plan was adopted the language didn't "mesh" with our U.D.O. classifications which were based off of the old land use plan. Chairman Burgin called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman Burgin closed the public hearing. Commissioner Elmore moved to approve the UDO text amendments as presented. Commissioner McKoy seconded the motion which passed unanimously. (Attachment 4) Harnett County Finance Officer Kimberly Honeycutt petitioned the board for a public hearing concerning the approval of the execution, delivery and performance of the Contract and the Deed of Trust and the Projects to be financed thereby. The Board of Commissioners of the County of Harnett, North Carolina is considered (1) entering into an installment financing contract in an amount not to exceed $2,200,000 to finance all or a portion of the projects identified as eligible "Qualified School Construction Bond projects" (2) executing and delivering a deed of trust, security agreement and fixture filing related to all or a portion of the County's fee simple interest in the real property. Chairman Burgin noted this money was left over after we setup the financing for new middle school. Chairman Burgin called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman Burgin closed the public hearing. Commissioner Miller moved to approve the execution, delivery and performance of the Contract and the Deed of Trust and the projects to be financed. Vice Chairman Springle seconded the motion which passed unanimously. Mrs. Honeycutt petitioned the board for a public hearing concerning the approval of the execution, delivery and performance of the New Contract and the New Deed of Trust and the projects to be refinanced thereby. The Board of Commissioners of the County of Harnett, North Carolina considered approval to authorize the County to proceed to enter into a deed of trust, security agreement and fixture filing under which the County will grant a lien on the real property. Mrs. Honeycutt also requested award of the refinancing of the 2009 Certificates of Participation (COPS), $29,075,000, to Regions Bank who submitted an interest rate of 2.20 %. Mrs. Honeycutt noted this refinancing would result in saving of $1.8 million over the next 13 years. Chairman Burgin called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman Burgin closed the public hearing. March 21, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 8 of 9 Commissioner Miller moved to approve the execution, delivery and performance of the new contract, deed of trust, security agreement and fixture filing under which the County will grant a lien on real property as well as awarding the refinancing of the 2009 Certificates of Participation (COPS), $29,075,000, to Regions Bank. Commissioner Elmore seconded the motion which passed unanimously. (Attachment 5) Mr. Jeffries presented Harnett County Economic Development request for approval of listing agreement with Avison Young through January 31, 2017, with option to extend, to market certain county -owned properties for commercial development. Avison Young will be responsible for marketing the properties for sale and will be paid through a commission on properties sold. Mr. Jeffries noted needed changes to the agreements included the removal of the listing agreement for 220 and 194 Olive Farm Drive also known as the shell building and lot as well as and the property transferred to the Harnett County Board of Education. Vice Chairman Springle moved to approve the listing agreement as amended. Commissioner Elmore seconded the motion which passed unanimously. Mr. Jeffries presented the following reports: - Harnett County Public Health Activities Summary — Feb. 2016 - Harnett County Board of Education Financials Mr. Jeffries also noted the following: - the Employee Health Clinic had a total of 1,155 visits in the first two quarters with a value of $121,000; - Davenport & Company will present our debt profile to the Board of Education tomorrow at 1:00 pm; - Staff is currently planning two community meetings, one in Lillington and Northwest Harnett; - Angela McCauley is the interim Library Director; - Our health insurance broker has said the County is looking at a 7 to 7.5% increase in health insurance cost and a 2% increase in dental cost; and - Reminded everyone of the Harnett Local Government Association meeting on Monday, March 28 at 6:30 at the Brass Lantern in Dunn with a guest speaker from Harnett Health. There was no new business. There was no need for closed session. Commissioner Elmore moved to adjourn the meeting at 8:07 pm. Commissioner McKoy seconded the motion which passed unani eeler, Clerk ch 21, 2016, ` egular Meeting Minutes Harnett County Board of Commissioners Page 9 of 9 ATTACHMENT 1 Harnett 'COUNT Y NORTH CAROLINA RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Victoria Hills Subdivision Tuscon Court Duly adopted this 21' day of March, 2016. HARNETT COUNTY BOARD OF COMMISSIONERS ATTEST: 1/ ,/ /_t1,?, /. /C.4! ar_: et Regt Wheeler C1e ! to the Board strong roots • new growth ATTACHMENT 2 RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS TO ACCEPT A GIFT OF REAL PROPERTY FROM LESTER C. PHILLIPS WHEREAS, the County of Harnett, North Carolina (the "County ") is a valid existing political subdivision of the State of North Carolina, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina; and WHEREAS, under the General Statutes and the common law, counties may acquire real property by gift; and WHEREAS, Lester C. Phillips is the owner of two real property tracts composed of approximately 114 acres which are located in Averasboro Township in Harnett County contiguous to the North Carolina Rail Trail as it extends from the City of Dunn to the Town of Erwin; that Mr. Phillips desires to donate these two real property tracts to the County as a charitable gift, and the County has determined that the acceptance of this gift would be advantageous to the County and a great benefit to the citizens of Harnett County. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS AS FOLLOWS: 1. That the Board of Commissioners does hereby approve the acceptance of that General Warranty Deed charitable gift from Lester C. Phillips as shown on the attached Exhibit LLA ,, 2. That the Board of Commissioners on behalf of all the citizens of Harnett County hereby extends its heartfelt thanks to Lester C. Phillips for this generous and benevolent real property gift. 3. The Harnett County Attorney and County staff are hereby authorized and directed to prepare and record the necessary documents to effectuate the County's acceptance of this real property gift conveyance. Duly adopted this the 21st day of March, 2016. J. : urgin, Chai H. ett County B d of Commissioners ATTACHMENT 3 Harnett ) COUNTY NORTH CAROLINA www.harnett.org A RESOLUTION AMENDING THE HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE WHEREAS, the Board of Commissioners of Harnett County adopted the UDO on October 17, 2011 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 UDO contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendments to the articles of the UDO as listed below and recommends the adoption of the following amendments. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Article V Section 1.2 "Table of Use Types & Regulations" of the UDO shall be amended to read as indicated in "Attachment ". "Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board's Office. Duly adopted this 21St day of March, 2016 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS Ji urgin, Chai ATTEST: ii M. et Regina ler, Clerk to the Board strong roots • new growth ATTACHMENT 1 ADD the following to Article V "Use Regulations" Harnett County Unified Development Ordinance Use Table 1.2 Table of Use Types & Regulations 2 z 0 0.3 PARKING Retail Sales, Outdoor (primarily outside of an p* p* p* nling) l P* P* Shopping Center • --I-- Sexually-Oriented Business (bookstore, motion c* picture, nightclub) Vehicle Services Automobile Repair Facility Car Wash P* P* 1 1 sI 11 5 z 1 ILI 1:! I ! 8 1 per 2 employees (largest shift) ! j 3 M OR 1 per 500 sq. ft. 1 per 200 sq. ft. 3 1 per 300 sq. ft. 4 P* C* C* C* C* 3 per bay + 1 per employee P* P* P* C * 3 S C* C* C* 1 per employee + 1 per 200 sq. ft. Parking Lot Repossession Storage Facility (repot lot) P P* _Vehicle Sales, Leasing, & Rental INDUSTRIAL USES Existing Industrial Uses Applying for Permits to C C C P c* c* P tP c* 3 3 1 per 200 sq. ft 4 Expand Alternative Energy Ethanol Diesel & Biofuel Production Solar Energy Facility_ Wind Energy.facvili Manufacturing 1 per 2 employees (largest shift) 3 B OR 1 per 500 sq. ft. As required by underlying use 4 1 C* C* P* P* P* P* -4— C* C* 1 per 2 employees (largest shift ) 4 1 H C* C* C* 1 1 per 2 employees (largest shift) 4 C* C* C* 1 per 2 employees (largest shift) 4 Manufacturing, Fertilizer Manufacturing, General Manufacturing, Light Research Laboratory & Development Warehousing & Freight Handling Assembling, Processing Industries, Wholesale, & Warehouse C* P* C* P* P* C* P* P PIP Distribution Center Stoe, Recreational Vehicle & Travel Trailer Stose, Self Mini-Warehouse Wholesale Trade P* P* C* P* C* C* P* P* P* P* P P* 1 per 2 employees (largest shift) OR 1 per 500 sq. ft 1 per 2 employees (largest shift) OR 1 per 500 sq. ft 1 per 2 employees (largest shift) OR 1 per 500 sq. ft. 4!H 4 4 1 per 2 employees (largest shift) OR 1 per 500 sq ft 1 per 2 employees (largest shift) OR 1 per 500 sq. ft 4 P* P* 1 per 2 employees (largest shift) OR l_per 500 sq. ft. P* see Office, if applicable 41 S 3 C* C* see Office, if applicable Wholesale Storage of Gasoline or Bulk Terminal Plants c* 1 per 2 employees (largest shift) OR 1 per 500 sq. ft 3 S —4 4 H-3 Waste Related Recycling Collection Centers (unmanned) Recycling Collection Centers & Solid Waste Container Sites (manned) P* P* I P* P* P* P* I P* P* P P t- C . C C IC C ...,, ....i_ _.4. —3-- .--1-------{ C C ! ! I 1 1 1 I C 1 C* C* 1 I C* i C* C* * Recycling Plant Solid Waste Disposal Co 1 per unit 1 ; 1 per 2 employees (largest shift) „ ! OR 1 per 500 sq. ft. IL • 1 per 2 employees (largest shift) 4 OR 1 per 500 sq. ft. 1 per 2 employees (largest shift) 4 I ATTACHMENT 4 6116H- 'COUNTY NORTH CAROLINA Harnett www.harnett.org A RESOLUTION AMENDING THE HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE WHEREAS, the Board of Commissioners of Harnett County adopted the UDO on October 17, 2011 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 UDO contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendments to the articles of the UDO as listed below and recommends the adoption of the following amendments. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Article I Section 14.1.10 `Building Height, Required ", Section 14.3.5 "Compatibility Design Concept Table"; Article V Section 1.2 "Table of Use Types and Regulations ", Section 3.2.1 "Multifamily Residential Development: General Regulations ", Section 8.2.3 "Manufacturing, Light ", Section 11.8.3 "Planned Unit Development Design Guidelines "; Article VII Development Design Guidelines Section 4.0 "Sidewalk Standards" of the UDO shall be amended to read as indicated in "Attachment ". "Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board's Office. Duly adopted this 21St day of March, 2016 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS ATTEST: Margaret Regina eeler, Clerk to the Board strong roots • new growth ADD/ AMEND the following to.... ARTICLE IV. ZONING & OVERLAY DISTRICTS Section 14.1.10 Building Height, Required The maximum height of any structure shall be the same as required by the underlying zoning district unless otherwise stated herein. Buildings located within the, Rural Center, Employment Mixed Use, or Compact Mixed Use Land Use Classifications are exempt from the district height requirement if they conform to the following: A. Highest point of the building shall not exceed 85 feet. B. Fire Code Official shall certify that the building is designed and equipped to provide adequate fire protection. All buildings that exceed maximum building height of 35 feet shall provide automatic sprinkler system in accordance with the North Carolina State Building Code. Section 14.3.2 Land Use Classes The Land Use Classifications listed herein shall coincide with the Harnett County Land Use Plan. Definitions of said classifications and further information shall be found in the Harnett County Land Use Plan. A. PA: Protected Areas B. ESA: Environmentally Sensitive Areas C. CDTA: Compatibility Development Target Areas D. MCB: Military Corridor Buffer E. ARR: Agricultural and Rural Residential F. LDR: Low Density Residential G. MDR: Medium Density Residential H. RC: Rural Centers I. CMU: Compact Mixed Use J. EMU: Employment Mixed Use Section 14.3.5 Compatibility Design Concept Table - OPTIONAL I REQUIRED 1 PUBLIC WATER OR SEWER 2 PUBLIC WATER AND SEWER Section 14.3.5 Compatibility Deign Concept Table F 0 EMU, ARR, ›. 0 ESA, PA CORNER SIDE YARD OPEN SPACE u., fl RA-40 Zonint, LAND USE CLASS: LD, MDR, RC, CMU, ?40,000 sq. ft. minimum lots 150' 35' 1 ' 10' ' 0% - - - - 1 i ?35,000 sq. ft. minimum lots 150' 35' , 25' I 10' 20' ! 1 0% - - - - - 1 ?28,000 sq. ft. minimum lots 1 - - 1 - - LAND USE CLASS: MDR, RC, CMU, EMU ?_ 21,000 sq. ft. minimum lots 1 ' 35' 1 25' 10' 20' 1 1 20% - - - - - ?17,500 sq. ft. minimum lots 10' i 80' 35' ! i 20' i 10' 30% - - - - - LAND USE CLASS: MDR, RC, CMU, EMU 14,000 sq. ft. minimum lots RA-30 Zoning LAND USE CLASS: LD, MDR, RC, CMU, 80' 1 i 0' 0' 1 ' 40% 1 - - - i EMU, ARR, ESA, PA ?30,000 sq. ft. minimtun lots • 1 ' i 35' ' 0' 20' 0% 1 - - - - - - I 25,000 ft sq. minimum lots 100' 1 35' 1 25' 10' 20' . i 0% 1 - - - 1 • - - I ,000 sq. ft. minimum lots ?20 in 80' i 35' 20' 10' 20' 10% i - - - 1 - - LAND USE CLASS: MDR, RC, CMU, EMU ?15,000 sq. ft. m m inimu lots 80' I 30' 20' 10' ' i 20% 1 - - - . a12500 sq. ft. minimum lots 70 25' 20' 1. 10' i ' 30% '--- 1 1 - 29' 1 - LAND USE CLASS: MDR, RC, CMU, EMU 10,000 sq. ft. minimum lots RA-20R(M) Zoning LAND USE CLASS: LD, MDR, RC, CMU, 70' I 0' 15' 0' 1 15' 40% 1 1J - 2 29' - EMU, ARR, ESA, PA ?20,000 sq. ft. tninimum lots 80" 5' 25' ' 1 0' ' i 0% - - - - - - . ?15,000 ft. sq. minimum lots 80' 30' 20' 10' 20' 0% 1 I 1 - 1 - - l ........., 10% 1 ---4. 1 - 2 1 29' - I ?12,000 sq. ft. minimum lots 70' 25' r- 20' t----i-0-' 1 20' LAND USE CLASS: MDR, RC, CMU, EMU ?9,000 sq. ft. m = inim lots 70' ' I 15' 5' 15' I . 20% - 29' - .•• .• ?7,500 sq. ft. minimum lots : 70' 20' 15' I ' 15' . 30% 1 1* - 2 1 29' 1 i I LAND USE CLASS: RC, CMU, EMU ?6,000 sq. ft minimum lots 60 5' 10 ' 15' 40% * i 29' - OPTIONAL I REQUIRED 1 PUBLIC WATER OR SEWER 2 PUBLIC WATER AND SEWER ARTICLE V. USE REGULATIONS 3.1 Multifamily Residential 3.2.1 Multifamily Residential Development General Regulations The following regulations shall apply to all Apartment Development, Condominium Development, Duplex Development, Multifamily Development (other), and Townhome Development. A Multifamily residential development shall be permitted in, Rural Center, Employment Mixed Use, and Compact Mixed Use Land Use Classifications, and shall require a conditional use permit in all other Land Use Classifications. 8.1 Manufacturing 8.2.3 Manufacturing, Light Subiect to the following requirements: LAND USE MAXIMUM LOT AREA Agricultural & Rural Residential No Greater Than 15 Acres Low Density Residential No Greater Than 15 Acres Medium Density Residential No Greater Than 15 Acres Employment Mixed Use No Greater Than 15 Acres Protected Areas, Environmentally Sensitive Areas, Compact Mixed Use, Rural Center, N/A ATTACHMENT 5 DAVENPORT & COMPANY To Harnett County, NC From Davenport & Company LLC Date March 21, 2016 Subject 2016 Refinancing of 2009 Certificates of Participation RFP Summary Davenport Public Finance Independence Center 101 N. Tryon Street Ste. 1220 Charlotte, NC 28246 Background Davenport & Company LLC ( "Davenport "), on behalf of Harnett County, NC (the "County "), distributed a Request for Proposals ( "RFP ") to secure a Direct Bank Loan to advance refund all or a portion of the County's outstanding Certificates of Participation, Series 2009 (the "2009 COPs ") and fund the associated Costs of Issuance. The RFP was distributed to over 35 National, Regional, and Local Banks. After the initial distribution, Davenport contacted each of the potential bidders to assess their interest in the financing and address any questions they had. The RFP also requested that responding institutions provide interest rate proposals for two different funding scenarios. These scenarios were designed to provide the County with the option to either refund just the callable maturities of the 2009 COPs (6/1/2020 - 6/1/2029) or refund all outstanding maturities of the 2009 COPs (6/1/2016 - 6/1/2029). A summary of the scenarios requested is outlined below: - Option A: - Option B: Refund the callable maturities of the 2009 COPs Refund all outstanding maturities of the 2009 COPs RFP Responses Through this process, the County was able to secure four responses to the RFP, including: 1. Capital One Public Funding ( "Capital One "); 2. PNC Public Finance ( "PNC "); 3. Raymond James Capital Funding ( "Raymond James "); and 4. Regions Capital Advantage ( "Regions "). The following pages contain a summary of the key terms and conditions for each of the responses received. Member NYSE 1 FINRA 1 SIPC Page 1 DAVENPORT & COMPANY 2016 Refinancing of 2009 Certificates of Participation RFP Summary March 21, 2016 Discussion Points 1. Interest Rate While all four banks submitted proposals consistent with the RFP specifications, Raymond James and Regions offered the lowest interest rates, as shown in Table 1 below. The rates offered by all of the banks are fixed through the final maturity of the loan and will be held firm for a closing by April 22 2016. Table 1: Summary of Interest Rates Interest Rate Bank Final Maturity Rates Held Firm Through Option A Option B Raymond James 2.41% 2.28% 6/1/2029 April 22nd Regions N/A 2.37% 6/1/2029 April 22nd 2.20 %1 PNC 2.67% 2.48% 6/1/2029 April 22nd Capital One 2.95% 2.65% 6/1/2029 April 22nd 1 Rate available if the County agrees to establish commercial card with Regions within 120 days of loan closing. 2. Prepayment Provisions Prepayment provisions offered by the four bank proposals are shown in Table 2 below. Table 2: Summary of Prepayment Provisions Bank Raymond James Prepayment Provisions Prior to June 1, 2026: Non- callablel Thereafter: In whole or in part on any payment date at Pare Regions In whole or in part at any time at 101% PNC Make -whole calla Capital One Option A - No call until 06/01/22, then at par on any interest payment date Option B - No call until 06/01/23, then at par on any interest payment date Prior to this date, the loan may not be prepaid in whole or in part without consent of the Lender. 2 Partial prepayments shall be applied in inverse order of maturity and shall be subject to a minimum amount of $500,000. 3 A make -whole call will allow the County to prepay or pay off the loan prior to maturity; however, it effectively eliminates the potential to achieve any future debt service savings. Member NYSE 1 FINRA 1 SIPC Page 2 DAVENPORT & COMPANY 2016 Refinancing of 2009 Certificates of Participation RFP Summary March 21, 2016 3. Collateral The 2009 COPs are currently secured by a Deed of Trust and security interest in both Boone Trail Elementary School and Harnett Central High School (the "Facilities "). Under Option A, the County would continue to secure the loan with both Boone Trail Elementary School and Harnett Central High School. Option B allows the County to potentially release one of the pledged Facilities. A summary of the proposed collateral requirements for Option B is found in Table 3 below. Table 3: Option B Collateral Requirement Bank Raymond James Regions PNC Capital One 4. Other Considerations Option B Collateral Requirements Harnett Central High School Harnett Central High School Boone Trail Elementary School or Harnett Central High School Not Specified Regions' proposal included a lower interest rate option, should the County establish a commercial card program with Regions. Based on discussions with County Staff, it is Davenport's understanding that the County was already in the process of pursuing a commercial card program with Regions prior to the distribution of the RFP. As such, the lower interest rate option provided by Regions is a viable option for the County to consider. Member NYSE 1 FINRA 1 SIPC Page 3 DAVENPORT & COMPANY 2016 Refinancing of 2009 Certificates of Participation RFP Summary March 21, 2016 5. Estimated Savings A preliminary indication of the estimated savings structure for the Regions Option B 2.20% proposal is shown in Table 4 below. These savings are compared to current public market estimates and the Raymond James proposals to provide additional perspective. The preliminary estimated savings shown in Table 4 are "Net Savings" that account for estimated costs of issuance and negative arbitrage. Table 4: Estimated Debt Service Savings A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 B C Public Sale - 5/26/16 Closing Summary of Bonds Refunded Par Amount Coupon Call Date Maturities Summary of Refunding Final Maturity Interest Rate (TIC) Rate Expiration Bank / Legal Fees Par Amount Call Provision Fiscal Year 20161 $ 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 Total $ Net Present Value Savings2.3 $ % NPV Savings" Negative Arbitrage Arbitrage Yield Escrow Yield $21,595,000 4.000% - 5.000% 6/1/2019 6/1/20 6/1/29 6/1/2029 2.35% N/A N/A $20,180,000 6/1/2026 at 100% Regions Bank Option B - 2.20 %4 $29,075,000 3.500% - 5.000% 6/1/2019 6/1/16 - 6/1/29 D E Raymond James Option B $29,075,000 3.50096- 5.000% 6/1/2019 6/1/16 - 6/1/29 6/1/2029 6/1/2029 2.20% 2.28% April 22nd April 22nd _ $6,000 $83,458 $30,906,000 $30,983,000 Current at 10196 6/1/2026 at 100% Estimated Savings2 Estimated Savings3•" $ 8,136 22,150 22,150 162,150 160,150 159,500 163,000 161,000 159,550 158,350 162,000 160,000 162,750 1,660,886 1,396,839 6.47% 2.13% 1.07% 142,870 143,162 142,896 142,992 142,828 143,120 143,108 142,908 143,298 142,676 142,642 143,042 143,122 $ 1,858,664 $ 1,615,527 5.5696 Estimated Savings3 122,447 122,518 122,238 122,343 122,210 122,536 122,578 122,435 121,884 122,352 122,394 122,873 122,030 $ 1,590,837 $ 1,377,333 4.7496 2.20% 1.0796 938,669 $ 2.28% 1.07% 1,003,580 Raymond James Option A $21,595,000 _ 4.000% - 5.00096 6/1/2019 6/1/20 --6/1/29 6/1/2029 2.41% April 22nd $66,263 $24,105,000 _ 6/1/2026 at 100% Estimated Savings3 119,672 119,630 119,752 120.066 119,630 119,660 119,440 120,039 120,209 119,391 120,185 119,397 119,309 $ 1,556,379 $ 1,338,015 6.20% 2.41% 1.09% 36 Negative Arbitrage23 $ 708,505 $ $ 906,356 ' Assumes the County makes an equity contribution at closing. 2 Preliminary and subject to change. rates as of 3/9/16. Assumes a closing date of May 26th. Savings shown include assumed Cost of Issuance of 5300,000 and Underwriter's Discount of $100,900. 3 Preliminary and subject to change. Assumes a closing date of April 21st. Savings shown include assumed Cost of Issuance of 5130.000 pus any Bank / Legal fees (if necessary). Rate available if the County agrees to establish commercial card with Regions within 120 days of loan closing. Member NYSE 1 FINRA 1 SIPC Page 4 DAVENPORT & COMPANY 2016 Refinancing of 2009 Certificates of Participation RFP Summary March 21, 2016 Recommendation Based upon our review of the proposals, related analyses, and discussions with County Staff and Bond Counsel, Davenport recommends that the County select the Regions Option B proposal with a 2.20% interest rate. The Regions proposal offers the lowest interest rate and the highest Debt Service Savings compared to the other bank proposals and the estimated current public markets. Additionally, the Regions proposal provides the County the opportunity to prepay the loan, if desired. Next Steps March 21st County Board Meeting — County Board Holds Public Hearing — County Board Selects Winning Bidder April 4th County Board Meeting — County Board Adopts Issuance Resolution April 5th LGC considers approval of the financing. Week of April 11th Subscribe for SLGS and Finalize Numbers. On or about April 21St Close on Financing. Member NYSE 1 FINRA 1 SIPC Page 5 DAVENPORT & COMPANY 2016 Refinancing of 2009 Certificates of Participation RFP Summary March 21, 2016 The U.S. Securities and Exchange Commission (the "SEC ") has clarified that a broker, dealer or municipal securities dealer engaging in municipal advisory activities outside the scope of underwriting a particular issuance of municipal securities should be subject to municipal advisor registration. Davenport & Company LLC ( "Davenport") has registered as a municipal advisor with the SEC. As a registered municipal advisor Davenport may provide advice to a municipal entity or obligated person. An obligated person is an entity other than a municipal entity, such as a not for profit corporation, that has commenced an application or negotiation with an entity to issue municipal securities on its behalf and for which it will provide support. If and when an issuer engages Davenport to provide financial advisory or consultant services with respect to the issuance of municipal securities, Davenport is obligated to evidence such a financial advisory relationship with a written agreement. When acting as a registered municipal advisor Davenport is a fiduciary required by federal law to act in the best interest of a municipal entity without regard to its own financial or other interests. Davenport is not a fiduciary when it acts as a registered investment advisor, when advising an obligated person, or when acting as an underwriter, though it is required to deal fairly with such persons. This material was prepared by public finance, or other non - research personnel of Davenport. This material was not produced by a research analyst, although it may refer to a Davenport research analyst or research report. Unless otherwise indicated, these views (if any) are the author's and may differ from those of the Davenport fixed income or research department or others in the firm. Davenport may perform or seek to perform financial advisory services for the issuers of the securities and instruments mentioned herein. This material has been prepared for information purposes only and is not a solicitation of any offer to buy or sell any security /instrument or to participate in any trading strategy. Any such offer would be made only after a prospective participant had completed its own independent investigation of the securities, instruments or transactions and received all information it required to make its own investment decision, including, where applicable, a review of any offering circular or memorandum describing such security or instrument. That information would contain material information not contained herein and to which prospective participants are referred. This material is based on public information as of the specified date, and may be stale thereafter. We have no obligation to tell you when information herein may change. We make no representation or warranty with respect to the completeness of this material. Davenport has no obligation to continue to publish information on the securities /instruments mentioned herein. Recipients are required to comply with any legal or contractual restrictions on their purchase, holding, sale, exercise of rights or performance of obligations under any securities /instruments transaction. The securities /instruments discussed in this material may not be suitable for all investors or issuers. Recipients should seek independent financial advice prior to making any investment decision based on this material. This material does not provide individually tailored investment advice or offer tax, regulatory, accounting or legal advice. Prior to entering into any proposed transaction, recipients should determine, in consultation with their own investment, legal, tax, regulatory and accounting advisors, the economic risks and merits, as well as the legal, tax, regulatory and accounting characteristics and consequences, of the transaction. You should consider this material as only a single factor in making an investment decision. The value of and income from investments and the cost of borrowing may vary because of changes in interest rates, foreign exchange rates, default rates, prepayment rates, securities /instruments prices, market indexes, operational or financial conditions or companies or other factors. There may be time limitations on the exercise of options or other rights in securities /instruments transactions. Past performance is not necessarily a guide to future performance and estimates of future performance are based on assumptions that may not be realized. Actual events may differ from those assumed and changes to any assumptions may have a material impact on any projections or estimates. Other events not taken into account may occur and may significantly affect the projections or estimates. Certain assumptions may have been made for modeling purposes or to simplify the presentation and /or calculation of any projections or estimates, and Davenport does not represent that any such assumptions will reflect actual future events. Accordingly, there can be no assurance that estimated returns or projections will be realized or that actual returns or performance results will not materially differ from those estimated herein. This material may not be sold or redistributed without the prior written consent of Davenport. Version 01.13.14 I CH MB TC Member NYSE 1 FINRA 1 SIPC Page 6