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Home My WebLink About12042000W HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting December 4, 2000 The Harnett County Board of Commissioners met in regular session on Monday, December 4, 2000, in the County Administration Building, 102 East Front Street, Lillington, North Carolina. • Members resent for first session: Dan B. Andrews Chairman p , Beatrice Bailey Hill, Vice Chairman Joseph T. Bowden Teddy J. Byrd Commissioner Walt Titchener was absent for the first session of the meeting. Staff present: Neil Emory, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Dwight W. Snow, County Attorney Vanessa W. Young, Finance Officer Kay S. Blanchard, Clerk to the Board Chairman Andrews called the meeting to order at 9 a.m. and Commissioner Hill led the pledge of allegiance and prayer. Commissioner Hill moved to approve the minutes of the November 20, 2000 Board of Commissioners meeting. Commissioner Bowden seconded the motion and it passed unanimously. Out -going The Board presented a plaque to out -going Commissioner Joe Bowden, thanking him •Comm. Joe Bowdenfor his many years of service to the citizens of Harnett County. Commissioner Recognizes Bowden made parting remarks to the Board including a list of items that he would like to see the Board continue to work on: - A crossover on highway 87 in the Johnsonville area - New Courthouse - County -wide sewer (especially in the Anderson Creek area) - Improvements to Highway 210 as well as other DOT projects - Boys and girls clubs at Anderson Creek gym - Acquisition of the Benhaven Medical Center building for CCCC - Funds for Senior Citizens Centers - Veterans Services - Wastewater service for the Swann's Station Area - Update cemetery list - Work with Lillington to develop use for old Courthouse building - Continue to work to bring industry to the County - Adopt Livestock Ordinance Chairman Andrews recessed the meeting for Swearing -In Ceremonies in the Commissioners Meeting Room at 10 a.m. Dwight W. Snow, County Attorney, served as master of ceremonies for the swearing - Swearing -in in ceremonies of newly elected County officials. The invocation and benediction were • Ceremonies provided by Jesse Mooney, Pastor, Coats Baptist Church. Honorable Edward H. McCormick, District Court Judge, administered oaths of office to the following elected officials: County Commissioner -District 3 County Commissioner -District 4 County Commissioner -District 5 Soil & Water Conservation District Supervisor Teddy J. Byrd Dan B. Andrews Tim McNeill C. H. Johnson Arvle Tart, Magistrate, administered the oaths of office to the following elected officials: NM Reorganization of the Board Board of Education -District 2 Billy B. Tart Board of Education -District 4 T. Harrington Morrison Honorable Frank Lanier, District Court Judge, administered the oath of office to newly elected Register of Deeds, Kimberly S. Hargrove. Ms. Hargrove administered the oaths of office to her staff members. Reorganization and Second Session of December 4, 2000 Board Meeting • Kay S. Blanchard, Clerk to the Board, reconvened the Board of Commissioners meeting at 11:15 a.m. and stated that the first order of business was to reorganize the Board. Ms. Blanchard opened the floor for nominations for chairman. Commissioner Andrews nominated Teddy J. Byrd. There being no further nominations, Commissioner Hill moved that the nominations be closed. Commissioner McNeill seconded the motion and it passed unanimously. Chairman Teddy J. Byrd was elected unanimously. Members present: Teddy J. Byrd, Chairman Beatrice Bailey Hill, Vice Chairman Dan B. Andrews Tim McNeill Walt Titchener Staff present: Neil Emory, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Dwight W. Snow, County Attorney Vanessa W. Young, Finance Officer Kay S. Blanchard Clerk to the Board After opening comments, Chairman Byrd asked for nominations for Vice Chairman Commissioner Titchener nominated Beatrice Bailey Hill. There being no further nominations, Commissioner Andrews moved that the nominations be closed. Commissioner McNeill seconded the motion and it passed unanimously. Vice Chairman Hill was re-elected unanimously. Commissioner Titchener moved to table appointments of Commissioners to various boards until after the Board Retreat. Commissioner Andrews seconded the motion and it passed unanimously. Commissioner Hill moved to approve the agenda as published with changes listed below: Add: additional budget amendments award bids for water plant expansion Delete: consent agenda item regarding pay plan for Public Utilities Commissioner Andrews seconded the motion and it passed unanimously. Upon motion by Commissioner Andrews and seconded by Commissioner Titchener, the Board unanimously approved the following items on the consent agenda: 1. Budget Amendments: 158 Health (Fund 110-General) Code 110-0000-399.00-00 Fund Balance Appropriated 110-0000-345.10-12 MA Maximization 159 Cooperative Extension (Fund 110-General) Code 110-7300-465.32-31 4H Programs 110-0000-346.14-00 Fees/4H Programs • 98,104. decrease 98,104. increase 920. increase 920. increase 160 Cooperative Extension Code 110-7300-465.32-32 Special Programs 110-0000-346.13-00 Fees 630. increase 630. increase 161 Economic Development (Fund 110-General) Code 110-0000-353.16-00 Contributions 100. increase 110-7100-465.32-76 Industry Appreciation Day 100. increase 162 HUD -Section 8 Housing (Fund 110-General) Code 235-0000-331.80-01 Estimated AC Earnings 100,000. decrease 235-8404-441.32-85 Utilities paid to Tenants 2,000. decrease 235-8404-441.32-84 HAPP Payments 98,000. decrease • 164 Solid Waste Management Fund 110-General) Code 580-6600-461.74-75 Lease Payments 10,716. increase 580-6600-461.75-10 Interest Expense 812. increase 580-0000-399.00-00 Fund Balance 11,528. increase 166 EMPG-Division of Emergency Management (Fund 110-General) Code 110-0000-331.53-01 Emergency Management 1,570. decrease I10-5300-420.11-00 Public Safety -Salaries & Wages 1,570. decrease 167 CBA-Restitution (Fund 110-General Code 110-0000-331.79-01 Federal Grants-JCPC Admin. 5,000. increase 110-0000-399.00-00 Fund Balance Appropriated 5,000. decrease 168 Governing Body (Fund 110-General) Code 110-4100-410.31-70 Other Appropriations 3,800. increase 110-8800-490.32-16 Contingency 3,800. decrease 171 Public Utilities (Fund 110-General) Code 531-0000-399.00-00 Fund Balance Appropriated 40,000. increase 531-9000-431.90-58 Interfund Transfer to Titan 40,000. increase 172 EMS (Fund 110-General) • Code 110-5400-420.44-21 Building & Equipment Rent 16,250. increase 110-0000-399.00-00 Fund Balance Appropriated 16,250. increase 174 Emergency Services (Fund 110-General) Code 110-5300-420.31-52 Oper. Sp. Appro.-Hur. Floyd 8,547. increase 110-0000-399.00-00 Fund Balance Appropriated 8,547. increase 175 Emergency Services (Fund 110-General) Code 110-5300-420.32-62 LEPC Implementation 75. increase 110-0000-353.08.00 Donations/Emer. Management 75. increase 177 MIS (Fund 110-General) Code 110-4900-410.74-74 Capital Outlay 4,240. increase 110-0000-399.00-00 Fund Balance Appropriated 4,240. increase Tax refunds 2. Tax refunds and releases (Attachment 1) Dss xeclass. 3. Department of Social Services reclassification and salary adjustment as noted below: A. Reclassification - An account tech position in the Day Care Unit is reclassified from a grade 57 to a grade 59, as recommended by regional personnel. • B. Salary Adjustment - The employee accepting the position of Families of Kids Program Coordinator will receive a 5% salary adjustment. Coop. Ext . 4. Authorization for four full-time employees with benefits to fulfill the job duties Additional positions outlined in the Parents As Teachers Grant awarded to Harnett County Cooperative Extension Service by the Harnett County Partnership for Children. These positions include one Program Coordinator (salary grade 66), two Parent Educators (salary grade 64), and one Secretary (salary grade 57). This program was approved by the Board at an earlier meeting. However, the required positions were not formally approved at that time. In the informal comments section, Mary B. Johnson, Buies Creek, presented information regarding the Reading Recovery Program. W Water Plant Expansion Hiram Marziano, Engineer, Marziano & Minier, presented the Discussion of Bids for Project - Award of the Water Plant Expansion Project. Commissioner McNeill moved to award the Contracts contracts to T.A. Loving Company and Southern Industrial Constructors. Commissioner Andrews seconded the motion and it passed unanimously. (Attachment 2) Public hearing on Chairman Byrd called to order a public hearing on a Local Law Enforcement Block Law Enforcement Grant Grant. Major Steve West, Sheriff's Department, stated that this grant is in the amount of $55,816.00. The County must match an amount of $6,202.00. This amount is already budgeted in Capital Outlay. No new money is required. Chairman Byrd opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Commissioner Titchener made a motion to authorize the Sheriff's Department to accept the grant. Commissioner Hill seconded the motion and it passed unanimously. Chairman Byrd called to order a public hearing on a grant from the North Carolina Public hearing Governor's Highway Safety Program for equipment in the amount of $49,995.00. Grant for Sheriff's This ant requires a local match of $15,865.00. This amount is already budgeted in Dept. for equip. � Y g q Capital Outlay. No new money is required. Chairman Byrd opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Commissioner Andrews moved to adopt a resolution authorizing the Sheriff s Department to accept the grant. Commissioner McNeill seconded the motion and it passed unanimously. (Attachment 3) Public heaing Chairman Byrd called to order a public hearing on the Community Transportation Transportation Program application for FY 2001-2002. Ralph Thurman, Transportation Manager, Program Application explained that the Community Transportation Program (CTP) enables Harnett County to fulfill transportation needs by applying for grant funds through the NCDOT/PTD. Harnett County will be provided administrative assistance, capital assistance and technical assistance based upon an objective evaluation of the CTP grant application. The amount of funds provided may vary based upon the results of the CTP application evaluation. Chairman Byrd opened the meeting, for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. No action is • required by the Board at this time. Chairman Byrd called to order a public hearing on a proposed Communication Tower Public hearing Ordinance. Neil Emory, County Manager, presented the proposed ordinance. Communication Tower Chairman Byrd opened the meeting for comments from the public. Comments were received from Mary B. Johnson, Buies Creek. There being no further comments, Chairman Byrd closed the public hearing. Commissioner McNeill moved for adoption of the Communication Tower Ordinance. Commissioner Hill seconded the motion and it passed unanimously. (Attachment 4) Chairman Byrd called to order a public hearing on a proposed text amendment to the Public hearing Harnett County Zoning Ordinance regarding future storage facilities throughout the Zoning Ord. Amend. Count Neil Emory, Count Manager, resented the proposed text amendment and storage facilities Y• Y� Y g, p p p noted that currently the Zoning Ordinance does not allow for mini -warehouse (self - storage) facilities. Chairman Byrd opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Commissioner McNeill suggested that mini -warehouse facilities be conditional in RA- 20R and RA-20M. Commissioner Titchener moved to adopt the text amendment as is and to ask the Planning Board to consider Commissioner McNeill's suggestion and make a recommendation to this Board. Commissioner Andrews seconded the motion and it passed unanimously. (Attachment 5) is Commissioner Titchener moved to request a monthly report from Board of Elections. Commissioner Hill seconded the motion and it passed unanimously. Departmental reports were filed with the Board from Veteran's Service and Fire Marshal/Emergency Management. Mid -month meeting Commissioner Titchener moved to cancel the December mid -month Board meeting. canceled Commissioner McNeill seconded the motion and it passed unanimously. Commissioner Hill moved that the Board go into closed session for the following purposes: Im E Closed session 1) To consider and give instructions to the Utilities Department Attorney concerning the handling or settlement of a claim in the case of Kincheloe vs. County of Harnett, et als Filel No. 96 cvs 508; and 2) To discuss matters relating to the location or expansion of industries or other businesses in Harnett County. This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(3) & (4) Commissioner Andrews seconded the motion and it passed unanimously. Commissioner Andrews moved for the Board to come out of closed session. Commissioner Hill seconded the motion and it passed unanimously. Commissioner Hill moved to amend the motion to go into closed session to include: 3) To instruct the County staff concerning the position to be taken on behalf of the County in negotiating the terms of a proposed purchase of real property. This is pursuant to N.C. General Statute Section 143-318.11(a)(5). Commissioner McNeill seconded the motion and it passed unanimously. There being no further business, Commissioner Andrews moved for adjournment. Commissioner McNeill seconded the motion and it passed unanimously. The Harnett County Board of Commissioners regular meeting, December 4, 2000 duly adjourned at 1:15 p.m. , K&. J ZQAaA1AAQ Kay S4 Blanchard, Clerk to the Board Attachment 1. MONTHLY REFUND REPORT 27-Nov-00 BILL NUMBER NAME REASON AMOUNT APProved by the Harnett County Board of Commissioners Date-�� YEAR MONTH TOWN 2000642513 BOWDEN, WAYMON VEHICLE SOLD COUNTYWIDE - 1301 X .73 = 9.50 2000 12/00 CARSON AVERASBORO FIRE - 1301 X .06 = .78 1388 GEORGE PERRY AVERASBORO SCHOOL - 1301 X .02 = LEE RD .26 DUNN, NC 28334-6799 TOTAL - 10.54 1999006268 BRYANT, WILLIS G & MHP DESTROYED COUNTYWIDE - 9,000 X .73 = 65.70 1999 12/00 BETTY DURING FRAN PER SOLID WASTE (4) - 150.00 405 EAST JACKSON DOUG'S REVIEW TOTAL - 215.70 BLVD ERWIN, NC 28339 1999006103 BRYANT, WILLIS G & NIHP DESTROYED COUNTYWIDE - 9,000 X .68 = 61.20 1998 12/00 BETTY DURING FRAN PER SOLID WASTE (4) - 150.00 405 EAST JACKSON DOUG'S REVIEW TOTAL - 211.20 BLVD ERWIN, NC 28339 1997005743 BRYANT, WILLIS G & MHP DESTROYED COUNTYWIDE - 9,000 X .68 = 61.20 1997 12/00 BETTY DURING FRAN PER SOLID WASTE (4)-150.00 405 EAST JACKSON DOUG'S REVIEW TOTAL - 211.20 BLVD ERWIN, NC 28339 1999802772 COLSTON, RAYMOND VEHICLE SOLD COUNTYWIDE - 963 X .73 = 7.03 1999 12/00 OTIS BLACK RIVER FIRE - 963 X .07 = .68 89 FAIRFIELD LANE TOTAL - 7.71 LILLINGTON, NC 27546 1999525527 1999555031 2000624994 2000610347 1999583154 DARBY, RENE WADE MILITARY EXEMPTION COUNTYWIDE - 7,940 X .73 = 57.96 1999 90 PINERIDGE COVE BENHAVEN FIRE - 7,940 X .07 = 5.56 SANFORD, NC 27330 TOTAL - 63.52 DARBY, RENE WADE MILITARY EXEMPTION COUNTYWIDE - 6970 X .73 = 50.88 1999 90 PINERIDGE COVE BENHAVEN FIRE - 6970 X .07 = 4.88 SANFORD, NC 27330 TOTAL - 55.76 DOWNER, WILLIAM MILITARY EXEMPTION COUNTYWIDE - 10,650 X .73 = 77.75 2000 CHARLES BLACK RIVER FIRE - 10,650 X .07 = 7.46 57 LEXINGTON DOWNS TOTAL - 85.21 DR ANGIER, NC 27501 ELLIS, DENISE WARD VEHICLE SOLD COUNTYWIDE - 2825 X .73 = 20.63 2000 RT 2, BOX 456 FLATBRANCH FIRE - 2825 X. 12 = 3.39 LINDEN, NC 28356-9413 TOTAL - 24.02 GLOVER, JOE MICHAEL VEHICLE SOLD COUNTYWIDE - 865 X .73 = 6.32 1999 1206 E CUMBERLAND AVERASBORO FIRE - 865 X .04 = .35 STREET AVERASBORO SCHOOL - 865 X .02 = DUNN, NC 28334 .18 TOTAL - 6.85 12/00 12/00 12/00 12/00 12/00 2000615931 GMAC/JOHNNY D VEHICLE SOLD COUNTYWIDE - 7,150 X .73 = 52.20 2000 12/00 LILLING HESTER TOWN OF LILLINGTON - 7,150 X .63 = P.O. BOX 30788 45.05 CHARLOTTE, NC 28230 TOTAL - 97.25 1999583228 HOWINGTON, JAMES VEHICLE SOLD COUNTYWIDE - 3450 X .73 = 25.19 1999 12/00 AND JANELL CYPRESS CREEK FIRE - 3450 X .085 = 322 SHADY LANE 2.94 CAMERON, NC 28326- TOTAL - 28.13 7440 2000606595 MANGUM, EDNA VEHICLE SOLD COUNTYWIDE - 5470 X .73 = 39.94 2000 12/00 ANDREWS GROVE FIRE - 5470 X .08 = 4.38 122 ANDREWS POND TOTAL - 44.32 DRIVE COATS, NC 27521 2000632693 MCDOUGAL, MARILYN VEHICLE SOLD COUNTYWIDE - 2958 X .73 = 21.60 2000 12/00 SURLES NORTH HARN FIRE - 2958 X .09 = 2.67 254 MISTY WOOD TOTAL - 24.27 DRIVE FUQUAY VARINA, NC 27526 1999592375 MOORE, JAMES VEHICLE SOLD COUNTYWIDE - 923 X .73 = 6.74 1999 12/00 ANGIER SHERWOOD TOWN OF ANGIER - 923 X .46 = 4.25 P.O. BOX 1066 BLACK RIVER FIRE - 923 X .07 = .65 ANGIER, NC 27501 TOTAL - 11.64 1999035007 NORRIS, RONALD LYNN HOUSE DOUBLE LISTED COUNTYWIDE - 11,830 X .73 = 86.36 1999 12/00 60 CURTIS DRIVE WITH 02-1507-0253-01 SOLID WASTE - 37.50 ERW1N, NC 28339 TOTAL - 123.86 1999560804 SIMPSON, JOHN SOLD VEHICLE COUNTYWIDE - 443 X .73 = 3.24 1999 12/00 DUNN ANTHONY CITY OF DUNN - 443 X .46 = 2.04 705 SOUTH ELLIS AVE AVASBORO SCHOOL - 443 X .02 = .09 DUNN, NC 28334-5611 TOTAL - 5.37 199943539 SPIVEY, PAULINE D BILLED FOR 2 SOLID SOLID WASTE - 37.50 1999 12/00 2249 OLD 421 WASTE FEES, ONLY 1 TOTAL - 37.50 LILLINGTON, NC 27546 DWELLING 199943783 STANCIL, JERRY DOUBLE LISTED WITH COUNTYWIDE - 1350 X .73 = 9.86 1999 12/00 593 MILLER ROAD MOTOR VEHICLE AVERASBORO FIRE - 1350 X .04 = .54 BENSON, NC 27504 AVERASBORO SCHOOL - 1350 X .02 = .27 TOTAL - 10.67 199880343 STANCIL, JERRY DOUBLE LISTED WITH COUNTYWIDE - 1500 X .68 = 10.20 1998 12/00 593 MILLER ROAD MOTOR VEHICLE AVERASBORO FIRE - 1500 X .04 = .60 BENSON, NC 27504 AVERASBORO RESCUE - 1500 X .05 = .75 AVERASBORO SCHOOL - 1500 X .02 = .30 TOTAL - 13.04 2000048813 TELMARK, INC PAID AS A LICENSED COUNTYWIDE - 11,400 X .73 = 83.22 2000 12/00 LES: PAUL AND VEHICLE AVERASBORO FIRE - 11,400 X .06 = TAMMY WILLIAMS 6.84 P.O. BOX 4943 AVERASBORO SCHOOL - 11,400 X .02 SYRACUSE, NY 13221- = 2.28 4943 TOTAL - 92.34 is u Attachment 2. DISCUSSION OF BIDS County of Harnett 12MGD High Service Pump Station Contract No. 1-General Contract 2 - Electrical GENERAL M&M Project 20035 November 30, 2000 • Formal bids were received and read aloud for Contract no. 2 at 3:00 p.m., November 16, 2000 in the Commissioner's meeting room of the Harnett County Administration Building in Lillington, North Carolina. Contract no. 1 did not have enough bidders to open and the project was readvertised to bid on November 27, 2000. The project was advertised according to State Statutes in a Newspaper having statewide circulation at least seven days prior to the bid opening. The project was also advertised in bulletins of the Associated General Contractors of America and The F. W, Dodge Corporation at various offices in North Carolina. The readvertisement for Contract No. 1 was advertised in a newspaper having Statewide circulation seven days prior to November 27, 2000. Basically, the work for this project involved two (2) contracts. Contract no. 1 was for the general construction of a new high service pumping station that included 2 new 8,400 gpm high service pumps. These high service pumps would be located at the existing water treatment plant and would serve to pump the entire capacity of the water treatment plant to all parts of the water distribution system. Currently, the high service pumping capacity of the water treatment plant is such that it does not have the capability of pumping the entire capacity to all parts of the distribution system as it currently operates. Additionally, Contract no. 1 included the installation of a new ground water reservoir for clearwell storage at the water treatment plant. This ground water reservoir would have a capacity of about 2.7 million gallons. When the 12 MGD upgrade was initiated in 1996, the bid cost overruns prohibited the installation of the required ground storage to keep the project within the budget. The master plan for the water treatment plant included two new additional clearwells to be built at some point in the future. It was felt that this would be the most advantageous time to build the new clearwell since it would be adjacent to the site of the new high service pumping station • and should be built more economically while the construction of the new pumping station was under way, Contract No, 2 was for the electrical contract to include all wiring, materials and installation for all electrical work associated with the high service pump station. It should be noted that Contract no. 1 included a substantial allowance for upgrades to existing pumps, flumes, and some existing yard piping at the water treatment plant, This allowance is for the purpose of providing necessary hydraulic capacity when the plant capacity is increased from 12 mgd to 18 mgd. The plant modification to hydraulically upgrade the plant to 18 MGD will cost $1,700,000,00. These costs will be paid by the Towns' of Fuquay-Varina and Holly Springs. The storage and transmission upgrades for the County's distribution system will require $1,676,450.00. The total plant upgrade and transmission storage cost will be $3,376,450.00. No Alternates were requested and contract 1 & 2 were based upon lump sum prices in the Proposal Forms. PROPOSALS The contracts had the following number of bid documents requested by contractors with the indicated responses: Contract Plans Requested Bids Submitted Contract No. 1 5 4 (readvertised) • Contract No. 2 7 7 One addendum was issued for this work and all contractor's submitting a bid indicated that they had received the Addendum. A copy of the Certified Tabulation of Bids received is appended to this Discussion of Bids. This Discussion along with the Tabulation should remain in the permanent files of this project. The low proposal for Contract No. 1 was submitted by T. A. Loving Company of Goldsboro, NC for a total lump price amount of $2,788,000.00. The second low proposal was submitted by Crain & Denbo, Inc. of Durham, NC for a total lump sum price amount of $2,993,200. The low proposal for Contract No. 2 was submitted by Southern Industrial Constructors of Raleigh, NC for a total lump sum price of $212,000.00. The second low proposal was submitted by Automated Electrical Systems, Inc. of Wilson, NC for a total lump sum price of $214, 000.00. The Engineers feel that the project was well advertised to the construction industry and that the proposals received are the best that can be expected at this time. FINANCING The project will be funded from funds budgeted by the County of Harnett. The project budget is recommended as follows: 12 MGD High Service Pump Station Page 2 of 4 County of Harnett CONSTRUCTION COST Construction: Technical Fees: Land & R-O-W Legal/Admin. Contingencies: Total REVENUES Plant Upgrade: Holly Springs Fuquay-Varina Transmission/Storage Utility Fund Balance RECOMMENDATION Marziano & Minier, PA Consulting Engineers $3,000,000.00 $ 241,450.00 $ 0.00 $ 15,000,00 $ 120,000.00 $3,376,450.00 $ 850, 000.00 $ 850, 000.00 I1,676,450.00 $3,376,450.00 The engineers recommend contract award for this work as follows: CONTRACT NO. 1 T. A_ Loving Company 400 Patetown Road Goldsboro, NC 27533 Lump Sum Amount - $2,788,000.00 CONTRACT NO. 2 Southern Industrial Constructors 6101 Triangle Drive Raleigh, NC 27617 Lump Sum Amount of $212,000.00 SUMMARY The Engineers are pleased to have assisted the County of Harnett in acquiring bonafide construction proposals for this work. We stand ready to assist you with the award and construction management of this project. Submitted this 30th day of November, 2000. MARZIANO & MINIER, PA i�,lllR�K " "/ � la.0(9 ay H. J. Marziano, P.E. is • • `M Attachment 3. nTTP(-,RMFN1T I LOCAL GOVERNMENTAL RESOLUTION (To be completed and attached to form GHSP-D-03, "Application For Highway Safety Project Contract") WHEREAS, the Harn�['ounty Sheriff herein called the "Applicant" • (GOVERNING BODY OF UNIT OF GOVERNMENT) has thoroughly considered the problem, addressed in the application entitled Highway Safety Proj eC t mil has review^_d the projec! described in the applicat)on: and WHEREAS, under the terms of Public Law 89-564 as amended, the United States of America has authorized the Department of Transportation, through the North Carolina Governor's Highway Safety Program to make federal contracts to assist local governments in the improvement of highway safety. NOW THEREFORE BE IT RESOLVED BY THE (GOVERNING BODY OF UNIT OF GGVERN'MENTj IN OPEN MEETING ASSEMBLED IN FHE. C1I Y ()f r ; 1 1 inaton NORTH CAROLINA. THIS 4 i-h DAY of nor cmhPr A2 ?non , AS FOLLOWS: 1. That the project referenced above is in the best interest of the Applicant and the general public. 2. That major Steve West be authorized to file, in behalf of the (NAME AND TITLE OF REPRESENTATIVE) Applicant, an application in the form prescribed by the Governor's Highway Safety Program for federal funding in the amount of S 4 9 9 9 5 to be made to the Applicant to assist in (FEDERAL DOLLAR REQUEST) defraying the cost of the project described in the contract application. 3. That the Applicant has formally appropriated the cash contribution of $ 19,869 (LOCAL CASH APPROPRIATION) as required by the project. 4. That the Project Director designated in the application form shall furnish or make arrangement for other appropriate persons to furnish such information, data, documents and reports pertaining to the project, if approved, as may be required by the Governor's Highway Safety Program. 5. That certified copies of this resolution be included as part of the application referenced above. 6. That this resolution shall take effect immediately upon its adoptio . • DONE AND ORDERED in open meeting. by: (CHAIRMAN Y R) Commissionerl@emsiTrMTk DWA IQridYetJs offered the foregoing resolution and moved its adoption, which was seconded by Commissioned@eomatettntr A41JAW and was duly adopted. Date: /2 ATTEST s f" BY: Kart �o (CLERK) 0 COMMUNICATIONS TOWER ORDINANCE Attachment 4. CI n HARNETT COUNTY, NORTH CAROLINA FOR REGISTRATION REGISTER OF DEEDS KIMBERLY S. HARGROVE HARNETT COUNTY, NC 2000 DEC 13 01:47:34 PM BK:1465 PG:528-540 FEE: 30.00 INSTRUMENT V 2000018058 Adopted December 4, 2000 • HARNETT COUNTY BOARD OF COMMISSIONERS Teddy Byrd, Chairman Beatrice Hill, Vice -Chairman Dan Andrews Walt Titchener Tim McNeill HARNETT COUNTY PLANNING BOARD Harold Butts, Jr., Chairman Kenneth Shaw, Vice -Chairman John Milton McKoy Thomas Stewart Cathy Johnson Harriette Ray Ronald Thomas ARTICLEI GENERAL PROVISIONS.....................................................................................................................................I...................3 SECTION1.1 PURPOSE............................................................................................................................................................... SECTION1.2 AUTHORITY.......................................................................................................................................................... _ SECTION1.3 JURISDICTION........................................................................................................................................................ 3 SECTION 1.4 EXISTING COMMUNICATIONS TOWERS................................................................................................................... 3 SECTION1.5 EXEMPT TOWERS.................................................................................................................................................. 3 SECTION 1.6 SEVERABILITY OF ORDINANCE............................................................................................................................... 3 SECTION1.7 EFFECTIVE DATE...................................................................................................................................................3 SECTION1.8 DISCONTINUED USE.............................................................................................................................................. 3 ARTICLE II INTERPRETATIONS OF CERTAIN TERMS AND DEFINITIONS............................................................................. 4 SECTION 2.0 INTERPRETATION OF CERTAIN TERMS AND WORDS................................................................................................ 4 SECTION2.1 DEFINITIONS......................................................................................................................................................... 4 ARTICLE III -REQUIREMENTS FOR ALL TOWERS AND ASSOCIATED EQUIPMENT..................................................................5 SECTION 3.0 BUILDING CODE REQUIREMENTS........................................................................................................................... 5 SECTION 3.1 ANSI STANDARDS (ELECTRO MAGNETIC FORCE - ENT) ....................................................................................... 5 SECTION 3.2 TELEVISION AND RADIO FREQUENCY..................................................................................................................... 5 SECTION3.3 SIGNS................................................................................................................................................................... 5 SECTION3.4 COLOR .................................................................................................................................................................. 5 SECTION3.5 LIGHTING.........................................................................:.................................................................................... 6 SECTION3.6 FENCING............................................................................................................................................................... 6 ARTICLE IV PERMIT (LEVEL 1) - AMATEUR RADIO TOWERS......................................................................................................... 6 SECTION 4.0 APPLICATION REQUIREMENTS............................................................................................................................... 6 SECTION4.1 TOWER HEIGHT.....................................................................................................................................................6 SECTION 4.2 MINIMUM SETBACK REQUIREMENTS...................................................................................................................... 6 ARTICLE V PERMIT (LEVEL 11) CO -LOCATION, ALTERNATIVE STRUCTURE PLACEMENT, REPLACEMENT TOWERS....6 SECTION 5.0 APPLICATION REQUIREMENTS FOR PERMIT (LEVEL II)............................................................................................ 6 SECTION5.1 CO -LOCATION ...................................................................................................................................................... 6 SECTION 5.2 ALTERNATIVE STRUCTURE PLACEMENT............................................................ .................................................... 7 SECTION 5.3 REPLACEMENT TOWER..........................................................................................................................................7 ARTICLEVIPERMIT (LEVEL ID) -NEW TOWERS..............................................................................................................................7 SECTION 6.0 APPLICATION REQUIREMENTS FOR PERMIT (LEVEL 1II)........................................................................................... 7 SECTION6.1 MINIMAL IMPACT.................................................................................................................................................. SECTION 6.2 SEPARATION FROM EXISTING COMMUNICATION TOWERS....................................................................................... SECTION 6.3 MINIMUM SETBACK REQUIREMENTS...................................................................................................................... 8 SECTION 6.4 COMPLIANCE WITH FEDERAL AND STATE REGULATIONS........................................................................................ 8 SECTION 6.5 DESIGN TO ACCOMMODATE ADDITIONAL USER...................................................................................................... 9 SECTION 6.6 OPTION TO COUNTY ON CO -LOCATION OPPORTUNITY............................................................................................ 9 SECTION6.7 EASEMENTS.......................................................................................................................................................... 9 SECTION 6.8 BUFFER ZONES / LANDSCAPING............................................................................................................................. 9 SECTION6.9 TOWER HEIGHT LIMITATIONS................................................................................................................................ 9 ARTICLEVI[ ADMINISTRATION.............................................................................................................................................................9 SECTION 7.0 ADMINISTRATION.................................................................................................................................................. 9 SECTION 7.1 ESTABLISHMENT OF THE COMMUNICATIONS TOWER REVIEW BOARD...................................................................... 9 SECTION 7.2 RULES OF CONDUCT FOR MEMBERS....................................................................................................................... 9 SECTION 7.3 POWERS AND DUTIES OF THE COMMUNICATIONS TOWER REVIEW BOARD............................................................. 10 SECTION7.4 ENFORCEMENT.................................................................................................................................................... 10 SECTION7.5 FEES................................................................................................................................................................... 10 SECTION 7.6 FILING AND NOTICE OF AN APPEAL.......................................................................................... ............................ 10 SECTION 7.7 FEES FOR VARIANCES OR APPEALS...................................................................................................................... 11 SECTION7.8 PENALTIES.......................................................................................................................................................... 11 SECTION7.9 AMENDMENT...................................................................................................................................................... 11 SECTION7.10 CONFLICTS........................................................................................................................................................ I SECTION 7.11 ADOPTION CERTIFICATION................................................................................................................................ 11 3 Article I General Provisions Section 1.0 Title This Ordinance shall be known and may be cited as the "Communications Tower Ordinance of Harnett County, North Carolina." Section 1.1 Purpose The regulations as herein set forth have been made for the purpose of promoting the health, safety, and general welfare of Harnett County residents. Section 1.2 Authority • The provisions of the Ordinance are adopted under authority granted by the General Assembly of the State of North Carolina with particular reference to Article 6 of Chapter 153A of the North Carolina General Statutes. Section 1.3 Jurisdiction These regulations shall govern the establishment and maintenance of communications towers. Provisions of the Ordinance shall apply uniformly to all areas within the jurisdiction of Harnett County. Section 1.4 Existing Communications Towers Communications towers existing and those who have received a permit before the adoption of this Communications Tower Ordinance of Harnett County, North Carolina shall be allowed to operate as long as they meet the previous requirements set forth by Harnett County. Existing towers shall not be allowed to expand or increase in size unless such expansion meets the requirements of this Ordinance. Co -location is encouraged but not required of towers developed or permitted before the adoption of this Communications Tower Ordinance of Harnett County, North Carolina. Section 1.5 Exempt Towers Towers constructed or permitted prior to the effective date of this Ordinance and any tower less than fifty (50) feet in height are exempt from the terms of this Ordinance. If an antenna mounted on an alternative structure or tower does not extend more than twenty (20) feet higher than the structure or tower, such construction is exempt from the terms of this Ordinance. Exemption herein does not constitute exemption from any other applicable federal, state, local law or regulation. Section 1.6 Severabilityof Ordinance Should any section or provisions of this Ordinance be decided by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be unconstitutional or invalid. Section 1.7 Effective Date This Ordinance shall be effective from and after the date of its adoption by the Harnett County Board of Commissioners. Section 1.8 Discontinued Use Notice shall be provided to the Harnett County Planning Department when the use of a communications tower is discontinued. If the use of the communications tower has been discontinued for a continuous period of one -hundred eighty (180) days, then the tower owner/operator or the tower site owner shall remove the tower, including tower base, within ninety (90) days. The tower owner/operator and the tower site owner shall be jointly and severally responsible for such removal. ARTICLE II Interpretations of Certain Terms and Definitions Section 2.0 Interpretation of Certain Terms and Words A. Words used in the present tense include the future tense. B. Words used in the singular number include the plural, and words used in the plural number include the singular. C. The word "shall' is always mandatory and not merely directory. D. The word "may" is permissive. E. The words "used" or "occupied" include the words intended, designed, or arranged to be used or occupied. Section 2.1 Definitions Alternative Structure - A structure that is not primarily constructed for the purpose of holding antennas but on which one or more antennas may be mounted. Alternative structures include, but are not limited to, buildings, water tanks, pole signs, billboards, church steeples and electric power transmission towers. Amateur Radio Tower — Any tower used for amateur radio transmissions consistent with the "Complete FCC U.S. Amateur Part 97 Rules and Regulations" for amateur radio towers. Antenna - Any exterior transmitting or receiving device which radiates or captures electromagnetic waves Board of Adjustment - The Board of Adjustment consists of five (5) members and five (5) alternates, who shall be citizens of Harnett County, North Carolina. These members shall be appointed by the Board of County Commissioners for three-year terms and shall serve as the Harnett County Communications Tower Review Board. Alternates shall also be appointed to three-year terms. (See Zoning Ordinance For Harnett County Article XII.) Co -location - The placement of an additional antenna on an existing tower, including required support equipment and buildings at the base of the tower and any necessary modification to the structure of the existing tower. Communications Tower (Tower) - Any structure that is designed and built for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, personal communications service towers (PCS), microwave towers, common -carrier towers, and cellular telephone towers. Permit (Level I) - The permit issued by the Ordinance Administrator as designated by this Ordinance, to an individual, corporation, partnership, or other entity to engage in the creation of amateur radio tower which exceeds fifty (50) feet. Permit (Level II) - The permit issued by the Ordinance Administrator as designated by this Ordinance, to an individual, corporation, partnership, or other entity to engage in co -location, alternative structure placement, and/or tower replacement (Replacement Tower) excluding amateur radio towers. Permit (Level III) — The permit issued by the Ordinance Administrator as designated by this Ordinance, to an • individual, corporation, partnership, or other entity to engage in the creation of new towers, excluding amateur radio towers. Replacement Tower - A new communications tower intended to replace an existing tower meeting the requirements of this Ordinance. Structure - is anything constructed or erected, the use of which required permanent location on the ground, or attachment to something having a permanent location on the ground, including advertising signs. Tower Base - The foundation, usually concrete, on which the tower and other support equipment are situated. For measurement calculations, the tower base is that point on the foundation reached by dropping a perpendicular from the geometric center of the tower. Tower Height - The vertical distance measured from the tower base to the highest point of the tower, including any antenna, lighting or other equipment affixed thereto. Tower Site - The land area that contains, or will contain, a proposed tower, support structures and other related buildings and improvements. Variance - A modification of the terms of this Ordinance where, owing to conditions peculiar to the property, a literal enforcement of this Ordinance would result in an unnecessary hardship. A Variance shall be reviewed and issued by the Telecommunications Tower Review Board. Article III — Requirements for all Towers and Associated Equipment Section 3.0 Building Code Requirements is shall be constructed and maintained in conformance with all applicable building code requirements. Section 3.1 ANSI Standards (Electro Magnetic Force — ENE Any communications antennas or other equipment placed on towers or alternative structures shall not exceed the emission output levels specified by federally approved levels or the American National Standard Institute (ANSI) Standards for Power density, which ever provides the stricter requirements. Section 3.2 Television and Radio Frequency Towers shall not interfere with normal radio and television reception in the vicinity. Section 3.3 Signs A sign, not to exceed eight (8) square feet, which includes the name of the tower owner/operator and a telephone number for emergencies, shall be displayed in a visible location attached to the fence at or adjacent to the gate. No sign may be placed on the tower for commercial advertisement purposes. Warning and no trespassing signs are permitted and encouraged. Section 3.4 Color Towers shall be light gray or any other color that blends into the environment in which the tower is located, except when otherwise required by applicable federal and state law or regulations. Section 3.5 Lighting Towers shall not be artificially lighted unless required by the Federal Aviation Administration (FAA) or other federal or state authority and in no case shall exceed the required minimum. Ground level security lighting may be permitted if designed to minimize impacts on adjacent properties. Section 3.6 Fencing A security fence of commercial grade chain -link of at least eight (8) feet in height shall surround the base of the tower, the base of any guy wires and associated buildings. A locking gate shall be part of this security fence. • Article IV Permit (Level I) — Amateur Radio Towers Section 4.0 Application Requirements Permit (Level I) applications shall contain the following: 1. Completion of the "Communications Tower Ordinance of Harnett County North Carolina Application Permit." 2. Application Fee 3. Site Plan (drawn to scale) 4. Applicant shall provide a valid FCC amateur operator's license. Section 4.1 Tower Height Tower height and location shall comply with federal and state law. Towers shall not exceed 199 feet unless FCC approval is demonstrated. 5 Section 4 2 Minimum Setback Requirements A distance equal to the height of the tower shall separate new amateur radio towers from all structures (not located on the same parcel as the tower), property lines, right-of-way lines and/or easements. Any relocation must comply with current ordinance setback requirements, or, if compliance is not possible, the relocation must not increase the amount by which setbacks are nonconforming, other than increases necessitated solely by changes in size of the base to support the new tower. Article V Permit (Level II) Co -Location, Alternative Structure Placement, Replacement Towers Section 5.0 Application Requirements for Permit (Level II) Permit (Level II) applications shall contain the following: 1. Completion of the "Communications Tower Ordinance of Harnett County North Carolina • Application Permit" 2. Application Fee 3. Site Plan (drawn to scale) 4. Structural Engineer Certification Section 5.1 Co -location Harnett County requires co -location of antennas on existing communications towers where co -location is possible. Upon enactment of this Ordinance, any person, corporation, partnership, or other entity which intends to co -locate on an existing communications tower within the jurisdiction of this Ordinance which adds more than twenty (20) feet to the tower, must obtain a Permit (Level II). Section 5.2 Alternative Structure Placement A structure which is not primarily constructed for the purpose of holding antennas but on which one or more antennas may be mounted. Upon enactment of this Ordinance, any person, corporation, partnership, or other entity which intends to place an antenna on an alternative structure within the jurisdiction of this Ordinance which adds more than twenty (20) feet to the structure, must obtain a Permit (Level II). Section 5.3 Replacement Tower A new communications tower intended to replace an existing tower where the new tower meets the following requirements: 1. Located on the same parcel as the existing tower. 2. No higher than the original tower. 3. Any relocation must comply with current ordinance setback requirements, or, if compliance is not possible, the relocation must not increase the amount by which setbacks are nonconforming, other than increases necessitated solely by changes in size of the base to support the new tower. Any replacement tower which meets the criteria set forth above must obtain a Permit (Level 11). Any replacement tower which does not meet the criteria set forth above shall be considered a new tower subject to all provisions of this ordinance and must obtain a Permit (Level III). The existing tower, including tower • base, must be removed within ninety (90) days of the construction of the new tower. ARTICLE VI Permit (Level III) - New Towers Section 6.0 Application Requirements for Permit (Level I11) Application Information including: 1. Completion of the "Communications Tower Ordinance of Harnett County, North Carolina Application Permit" 2. Application Fee 3. Site Plan prepared by an active North Carolina Registered Land Surveyor, Professional Engineer, or Landscape Architect (drawn to scale) including: 1. Names, addresses, and telephone numbers of the applicant and the property owner. 2. Deed Book/Page and Map Book/Page Reference. 3. Name of Project Development. 4. The plan scale, a North arrow and a vicinity map. 5. Zoning District Classification. 6. Watershed Classification - % coverage of lot to be impervious surface (if located in a designated watershed area). 7. Tax parcel identification number for the parcel of land containing the tower site and the towers latitude and longitude coordinates. 8. The name address, signature and seal of the person who prepared the site plan. 9. Locations and widths of all easements and right-of-ways within and adjacent to the site. 10. Location of existing and/ or proposed parking, fencing, screening, and gates. 11. Location of existing and/or proposed plant materials (including the size and type of plant.) 12. Location of all parking on site. 13. The surveyed boundary lines of the parcel, or portion thereof, that will contain the proposed tower. An active North Carolina Registered Land Surveyor shall survey such boundary lines. 14. The general location of boundary lines of any parcel or portion thereof within a radius • from the tower base to the proposed tower height. 15. All identifiable buildings and structures (including existing towers) roads and perennial streams located on the parcel containing the tower site and within a radius from the tower base equal to the tower height. 16. The tower base and the foundations for all guyed line anchors and support structures, all proposed buildings, accessory structures and any other proposed improvements, including roads and utilities serving the proposed site. 17. The ground elevation of the base of the proposed tower, to the nearest foot. 4. Structural Engineer Certification 5. Tower Sketch that includes dimensions, accessory structures and antennas. 6. Statement Regarding Accommodation of Additional User(s). 7. The applicant shall be responsible for providing the names addresses and parcel identification numbers of all property owners within the application and all adjoining property owners insofar as the applicant is able to obtain the these name and addresses, through personal knowledge, Harnett County Tax Office, or Harnett County Land Records Office. 8. The applicant must submit a recorded legal description of the tower site and ingress/egress easement to the site. 9. Area Map- a map indicating the proposed tower and coverage, other tower and coverage areas and any approved tower sites within a five (5) mile radius. 10. Evidence of Lack of Alternative Site - Documentation which shows that a reasonable effort has been made to co -locate a proposed antenna for a communications tower on an existing tower or alternative structure and that there are no feasible alternative to constructing the proposed tower because the owner of an existing tower or alternative structure which could be used for an antenna is unwilling to allow the co -location or because no tower or structure exists which (1) could provide coverage to the proposed service area, or (2) is structurally capable of supporting the intended equipment, or (3) is the proper height, or (4) would not cause frequency interference. Section 6.1 Minimal Impact Tower owners should always exercise best efforts in the placement of communications towers so that they have minimal impact on adjacent residents and landowners. The following standards shall be in effect for all new towers and compliance therewith is required for all new towers and shall be conclusive proof of best efforts on the part of the tower owners. Note that in most cases, the standards are more relaxed on monopole towers. Section 6.2 Separation from Existing Communication Towers New monopole towers shall be located at least one half (0.5) mile from any existing or permitted tower of any type (monopole, lattice, or guyed) which is greater than one hundred and fifty (150) feet in height. New lattice or guyed towers shall be located at least one (1) mile from any existing or permitted tower, of any type, which is greater than one hundred and fifty (150) feet in height. Section 6.3 Minimum Setback Requirements A distance equal to seventy-five (75) percent of the proposed tower height shall separate new monopole towers from all structures, property lines, right-of-way lines and/or easements. A distance equal to the height of the proposed tower shall separate new lattice or guyed towers from all structures, property lines and/or right-of-way lines. Section 6.4 Compliance with Federal and State Regulations The applicant, owner, or developer shall certify that the proposed tower will be constructed and operated in accordance with all applicable local, state, and federal regulations, including, but not limited to, all FCC and FAA rules and guidelines. Section 6.5 Design to Accommodate Additional User Tower design shall allow for the co -location of other service provider(s) at a fair market value. If the tower is less than 150 feet, it shall be designed to accommodate one additional service provider. If the tower is between 150 and 300 feet in height, it shall be designed to accommodate a minimum of two (2) additional service providers. Section 6.6 Option to County on Co -Location Opportunity For all new towers, the applicant shall give Harnett County the option of co -locating, for governmental use, where such co -location will not interfere with other providers. There shall be no access fee charged for said co -location. Section 6.7 Easements An easement of no less than thirty (30) feet wide is required for each new communications tower as in the Subdivision Ordinance for Harnett County. Section 6.8 Buffer Zones / Landscapiine A landscape buffer shall be required in the setback space. The buffer for lattice and guyed towers shall be sixty (60) feet. The buffer for monopole towers shall be thirty (30) feet. The buffer may be measured inward from the property and right-of-way lines, or outward from the fence that surrounds the tower compound. Landscaping shall be as follows: Buffers shall consist of planting evergreens and/or deciduous trees spaced no more than twenty (20) feet apart. Such trees shall be six to seven (6-7) feet tall for evergreens at the time of planting and shall reach a height of no less than thirty (30) feet at maturity. In addition, planting of low growing shrubs, and/or trees shall be placed at ten (10) foot intervals. The buffer zone shall not be in, and no planting shall be placed in, the road right -of —way. The buffer must be maintained for the life of the tower. A landscape plan shall be submitted as part of the wireless communications facility permit being applied for under this Article. Section 6.9 Tower Hecht Limitations The height of any Communications Tower shall be limited to three hundred (300) feet. Section 6.10 Biannual Certification of Tower Use There must be written notice given to the Harnett County Planning Department biannually that each tower is still in normal operation. The period for biannual notification will begin the date the permit was issued. Article VII Administration Section 7.0 Administration This Ordinance shall be administered and enforced by the Chief Planner of Harnett County or his designee and is hereby appointed in that capacity through adoption of this Ordinance. Section 7.1 Establishment of the Communications Tower Review Board There is hereby created a Communications Tower Review Board which shall be the Harnett County Board of Adjustment, including its alternates, serving at the time of adoption of this Ordinance and its duly appointed successor Boards. Section 7.2 Rules of Conduct for Members The Communications Tower Review Board shall operate consistent with the adopted By -Laws for the Harnett County Board of Adjustment. • • • M Section 7.3 Powers and Duties of the Communications Tower Review Board The Communications Review Board shall have the following powers and duties: A. Administrative Review - To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by the Ordinance Administrator in the enforcement of this Ordinance. B. Variances. The Communications Tower Review Board shall have the power to authorize, in specific cases, minor variances from the terms of this Ordinance as will not be contrary to the public interests where, owing to special condition, a literal interpretation of this Ordinance will result in practical difficulties or unnecessary hardship, so that the spirit of this Ordinance shall be observed, public safety and welfare secured, and substantial justice done. Such variances may be granted in such individual case of unnecessary hardships only upon findings of the • Communications Tower Review Board after a public hearing that the following conditions exist: a. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography that are not applicable to other lands or structures. b. Granting the variance requested will not confer upon the applicant any special privileges that are denied to other residents of the district in which the property is located. c. A literal interpretation of the provisions of this Ordinance would deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is located. d. The requested variance will be in harmony with the purpose and intent of this Ordinance and will not be injurious to the neighborhood or to the general welfare. e. The special circumstances are not the result of the actions of the applicant. f. The variance requested is the minimum variance that will make possible the legal use of the land, building or structure. Section 7.4 Enforcement If the Ordinance Administrator shall find that any of the provisions of this Ordinance are being violated, it shall notify in writing the person responsible for the violation, specifying the nature of the violation and what corrective measures must be taken. The Ordinance Administrator shall order discontinuance of illegal use of land, buildings, or structures, removal of illegal buildings or structures or of additions, alterations, or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by law to insure compliance with or to prevent violation of the provisions of this Ordinance. Section 7.5 Fees The Harnett County Board of Commissioners shall set a fee, payable to the Harnett County Planning Department, to cover the necessary processing cost of all Communications Tower Permits. The set fee shall be posted in the Planning Department. Section 7.6 Filing and Notice of an Appeal Appeals from the enforcement and interpretation of this Ordinance and requests for variances shall be Sled with • the Ordinance Administrator specifying the grounds thereof. The Ordinance Administrator shall transmit to the Telecommunications Tower Review Board all applications and records pertaining to such appeals and variances. The Board shall fix a thirty (30) day period for the hearing of appeals, giving notice to all participants by first class mail. An appeal stays all proceedings in furtherance of the action appealed from unless the Ordinance Administrator certifies to the Board that by reason of facts stated in the record a stay would, in his opinion, cause eminent peril to life and or property. In such a case proceedings shall not be stayed other than by an order from the Harnett County Superior Court. Section 7.7 Fees for Variances or Appeals The County Board of Commissioners shall set a fee, payable to Harnett County, North Carolina, to cover the necessary administrative costs and advertising of each application for a variance or appeal. The set fee shall be posted in the County's Planning Department office. Section 7.8 Penalties Any person failing to take corrective action within a reasonable time after receiving written notice from the Harnett County Planning Office and any person operating a Communications Tower without a valid permit shall be guilty of a misdemeanor and may be punished by a fine not to exceed five -hundred dollars ($500.00) or imprisonment not to exceed thirty (30) days. Each day such violation shall be permitted to exist shall constitute a separate offense. Section 7.9 Amendment The Harnett County Board of Commissioners may from time -to -time amend the terms of this Ordinance (but no amendment shall become effective unless it shall have been proposed by or shall have been submitted to the Planning Board for review and recommendation.) If the Planning Board fails to submit a report within thirty (30) days of the public hearing by the Harnett County Board of Commissioners, the proposed amendment shall be deemed to have recommended approval by the Planning Board. No amendment shall be adopted by the governing body until they have held a public hearing on the amendment. Notice of the hearing shall be published in a newspaper of general circulation in Harnett • County at least once a week for two (2) successive weeks prior to the hearing, the first publication being not less than ten (10) days nor more than twenty-five (25) days before the date of the hearing. In computing the ten (10) day, twenty-five (25) day period, the date of publication is not to be counted, but the date of the hearing is to be counted. Section 7.10 Conflicts When the requirements of this Ordinance conflict with the requirements of other lawfully adopted rules, regulations or ordinances of Harnett County or deeds restrictions imposed by the developer or subdivider, the more stringent requirements shall govern. Section 7.11 Adoption Certification Duly adopted this q, K day of 'D.ee Sht 6 a 2oao Harnett County Board of Commissioners 1-Ieddy t3yra/ x nurman ,��'y� :.... �., d �. : u�vry,• . r C3 W. c1' Attest: % ,,. d i p �t Qn�Ct'i ` Kay BVanchard, Clerk to the Board At1� 11 •NORTH CAROLINA, HARNETT COUNTY I, Elizabeth P. Covington, a Notary Public of the County and State aforesaid, certify that Teddy J Byrd personally came before me this day who being by me duly sworn, deposes and says: that he is the Chairman of the Harnett County Board of Commissioners and Kay Blanchard is the Clerk of said Board, that the seal affixed to the foregoing instrument is the official seal of Harnett County, that said instrument was signed and sealed by him, attested by the said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners of said County, and the said Teddy Byrd acknowledged said instrument to be the act and deed of Harnett Coun This the -- _ day of I L . 12000. My Commission expires: June 20.2001 Notary Public ,a• sF �A •� k `M PEW Attachment 5. FOR REGISTRATION REGISTER OF DEEDS KIMBERLY S. HARGROVE HARNETT COUNTY, NC 2000 DEC 13 01:47:34 PM HARNETT COUNTY BINSTRUMENTSN4200001805712.00 NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE TEXT WHEREAS, the Board of Commissioners of Hamett 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 Hamett County Planning Board has reviewed the proposed additions to Article VI, Sections 1.1-I, 2.1-N and Article XV of the Zoning Ordinance 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, Section 1.1-I, 2.1-N, and Article XV of the Zoning Ordinance be amended by adding the following text to Article VI, Section 1. 1-1, 2.1-N and Article XV: Article VI Section 1.1-I, 2.1 N Mini -Warehouse (Self -Storage) Subject to the following requirements: 1. Maximum Building Height of twenty (20) feet. 2. A secured fence of at least six (6) feet in height shall surround the perimeter of the storage facility. 3. Adequate lighting shall be provided to illuminate the storage facility. The minimum size streetlight shall be a 175 watt Mercury-vapor (approximately 7,000 lumen class) or its equivalent, spaced at intervals of not more than 300 feet. 4. No outside storage shall be permitted except as provided below. 5. Outdoor storage of boats, vehicles (including motorcycles) and recreational vehicles in designated spaces shall meet the following requirements: • a. One (1) outdoor storage space per every five (5) indoor storage units. b. Outdoor storage space(s) shall be located at the rear of the site. 6. The storage of hazardous, toxic, or explosive substances shall be prohibited. 7. No business activity shall be conducted within the storage units. Article XV Mini -Warehouse (Self -Storage) — A building or group of buildings designed to provide separate access to individually rented storage units used exclusively for storing customer's goods or wares. No sales, service, or repair activities other than the rental of storage units and its related activities, are permitted within storage units. Duly adopted this 4th day of December, Two Thousand and effective upon adoption. HARNE COUNTY BOARD OF COMMISSIONERS Y J. B CWg HAIRMAN ATTEST: / Ka-9 1, /�Q.tiLCAa& Kay S. Bland Clerk to the Board NORTH CAROLINA, • HARNETT COUNTY I, Elizabeth P. Covington, a Notary Public of the County and State aforesaid, certify that Teddy J. Byrd personally came before me this day who being by me duly sworn, deposes and says: that he is the Chairman of the Harnett County Board of Commissioners and Kay S. Blanchard is the Clerk of said Board, that the seal affixed to the foregoing instrument is the official seal of Harnett County, that said instrument was signed and sealed by him, attested by the said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners of said County, and the said Teddy J. Byrd acknowledged said instrument to be the act and deed of Hamett County. \ This the 4—+-- day of V� o�yy_�p D , 2000. My Commission expires: June 20. 2001 Notary Public i�l INS 0