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Home My WebLink About111912MHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting November 19, 2012 The Harnett County Board of Commissioners met in regular session on Monday, November 19, 2012, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Timothy B. McNeill, Chairman Beatrice B. Hill, Vice Chairman Dan B. Andrews, Commissioner Jim Burgin, Commissioner Gary House, Commissioner Scott Sauer, County Manager Tony Wilder, Deputy County Manager Dwight Snow, Staff Attorney Sylvia Blinson, Finance Officer Margaret Regina Wheeler, Clerk to the Board Chairman McNeill called the meeting to order at 7:00 pm. Vice Chairman Beatrice Hill led the pledge of allegiance and invocation. Chairman McNeill called for additions and deletions to the published agenda. Chairman McNeill requested the addition of Emergency Management's request for permission to apply for 2013 Emergency Management Performance Grant. Commissioner Burgin moved to approve the agenda as amended. Commissioner Andrews seconded the motion which passed unanimously. Commissioner Burgin requested that the Resolution Approving Conveyance of Property to A Nonprofit Organization Pursuant to G. S. 160A -279 be removed from the consent agenda for discussion purposes. Commissioner Andrews moved to approve the items on the revised consent agenda. Commissioner House seconded the motion and the Board unanimously approved the following items on the consent agenda: 1. Minutes: November 5, 2012 Regular Meeting 2. Budget Amendments: 158 Health Department Code 110 - 7600 - 441.60 -46 110- 0000 - 331.76 -12 159 Health Department Code 110 -7600- 441.60 -46 110- 0000 - 331.76 -11 Medical Supplies Family Planning Medical Supplies IAP 11,371 decrease 11,371 decrease 7,539 increase 7,539 increase Harnett County Board of Commissioners November 19, 2012 Regular Meeting Minutes Page 1 of 8 161 Planning Department Code 110- 7200 - 465.33 -45 110- 0000 - 322.72 -01 163 Sheriffs Office Code 110 -5100- 420.74 -74 110- 0000 - 356.30 -00 164 Social Services Code 110- 7710 - 441.80 -60 110 -771 0 - 441.88 -20 110- 7710- 441.80 -92 110- 7710- 441.80 -85 110- 7710- 441.89 -30 110 -771 0 - 441.89 -40 110- 7710- 441.89 -50 110 -771 0 - 441.89 -60 110 -771 0 - 441.89 -70 110- 7710- 441.88 -15 110- 0000 - 330.77 -05 110- 0000 - 334.77 -04 110- 0000 - 330.77 -01 110- 0000 - 399.00 -00 Contracted Services Cell Tower Fees Capital Outlay Insurance Claims Day Care Smart Start Work First Transportation LIEAP Progress Energy Neighbor Fuel Fund Donation General Agency Donation Elderly Assistance Donation Foster Care Donation Christmas Cheer Special Needs Adoptions Day Care -Smart Start Work First Transportation Social Services Administration Fund Balance Appropriated 24,000 increase 24,000 increase 15,709 increase 15,709 increase 487,500 increase 15,739 increase 2,739 decrease 9,205 decrease 392 increase 314 increase 2,983 increase 100 increase 322 increase 56,705 increase 487,500 increase 15,739 increase 11,944 decrease 60,816 increase 165 Social Services Code 110 -7710- 441.88 -65 SHIIP Medicare Outreach & Enrollment 10,000 increase 110 - 0000 - 331.77 -14 SHIIP Medicare Outreach & Enrollment 10,000 increase 167 WIA Youth Program Fund Code 234 - 7407 - 465.22 -01 FICA 234 - 7407 - 465.26 -08 Workers Comp 234 - 7407 - 465.26 -09 Participants Workers Comp 234 - 7407 - 465.21 -05 Employee Clinic 234 - 7407 - 465.32 -73 Training Vouchers 234 - 7405- 465.32 -73 Training Voucher 234 - 7405- 465.58 -19 Travel (Participants) 234 - 0000 - 331.74 -07 Harnett Youth - Out School 234 - 0000 - 331.74 -05 Harnett Youth - In School 168 Finance Office - Electronics Management Fund Code 250- 6600 - 461.35 -56 Electronics Management 250- 0000 - 399.00 -00 Fund Balance Appropriated 3. Tax refunds, rebates and releases (Attachment 1) 200 increase 480 increase 125 increase 195 increase 4,000 increase 1,000 increase 1,000 increase 5,000 increase 2,000 increase 8,961 increase 8,961 increase 4. Resolution Opposing the Tolling of I -95 through North Carolina (Attachment 2) Harnett County Board of Commissioners November 19, 2012 Regular Meeting Minutes Page 2 of 8 5. Resolution Approving Exception of Daily Deposit Requirement for Anderson Creek Public Library (Attachment 3) 6. Public Utilities requested approval of write -offs in the amount of $12,865.90 for third quarter 2012. 7. Sheriff s Department requested approval of contract with Advanced Imaging Systems for the on -line gun permit applications. This will require the Sheriff's Office to begin accepting credit card payments. There will be no up -front cost for the County to join however the County will be responsible for the credit card fees on the collected revenue. 8. Airport Administrator requested approval of a resolution to request the NC Department of Transportation (DOT) to provide and oversee safety improvements on the operational surfaces of Harnett Regional Jetport. Any repair initiated by NCDOT /DOA is funded through NC DOT with no matching funds required. (Attachment 4) 9. Community Development Administrator requested approval of renewal of its Language Access Plan (LAP) as required to access federally - funded activities such as CDBG grants undertaken by the County of Harnett. 10. Finance Officer requested approval of the Highland Middle School Project Ordinance in the amount of $30,540,000 Chairman McNeill opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. No one spoke. Commissioner Andrews moved to approve the appointment listed below. Commissioner Burgin seconded the motion which passed unanimously. HARNETT COUNTY PUBLIC LIBRARY BOARD OF TRUSTEES Jerry Ennis (nominated by Commissioner House) was appointed to serve on this board for a term of 3 years expiring November 30, 2015. Paula Hodges, CPA with Martin Starnes & Associates, CPAs, P.A., presented the Comprehensive Annual Financial Report (CAFR) for Harnett County for the fiscal year ending June 20, 2012. Mrs. Hodges reported the auditors' opinion is unqualified which she said is also known as a clean opinion. Mrs. Hodges thanked staff in the Harnett County Finance Office for their assistance during the audit process. Mrs. Hodges gave an overview of the audit process and highlighted information in the report. Commissioner Burgin requested an explanation regarding the auditors' statement that they identified certain deficiencies in internal control over financial reporting that they that consider to be material weaknesses. Mrs. Hodges pointed out that the Solid Waste Fund is operating in a deficient which is a compliance violation. She also noted there is an internal service fund Harnett County Board of Commissioners November 19, 2012 Regular Meeting Minutes Page 3 of 8 operating in a deficient and a budget violation. She acknowledged that measures have been taken to remedy this however it will remain a violation until the deficient is resolved. Regarding the Resolution Approving Conveyance of Property to A Nonprofit Organization Pursuant to G. S. 160A -279; Commissioner Burgin said he believed the group would continue discussing the donation to the Shawtown High School Alumni Association, Inc., after the survey was complete and drainage field areas confirmed. He pointed out that in other situations the County has either leased or sold their property. Commissioner Burgin questioned the amount of land being donated and said 10.3 acres seemed excessive. Mr. Sauer responded that the size of the lot was partly to exempt the transaction from the Town of Lillington's subdivision requirements. Vice Chairman Hill said the county previously donated land to Habitat for Humanity. She said citizens paid for the land and moved to approve the Resolution Approving Conveyance of Property to Shawtown High School Alumni Association, Inc. Commissioner Andrews seconded the motion which passed 4 to 1 with Commissioner Burgin opposing. (Attachment 5) The Board considered the Order to close approximately 300 feet of the eastern portion of McKay Street (undeveloped right of way) and SR 1570 (Hartwell Circle) in Buies Creek, NC; as requested by S.H.C. Holdings, Inc. Joseph Jeffries, Planning Department Director, reported the property is currently zoned as RA -30 and would require a conditional use peiuiit with or without the road closed. Mr. Jeffries said staff had met with the developer and recommended this approach. Commissioner Burgin moved to remove this issue off the table. Commissioner Andrews second the motion which passed unanimously. Commissioner Burgin moved to approve the Order to close approximately 300 feet of the eastern portion of McKay Street (undeveloped right of way) and SR 1570 (Hartwell Circle) in Buies Creek, NC. Vice Chaiiman Hill seconded the motion which passed unanimously. The Board reconvened as the Governing Body of the South Central Water and Sewer District of Harnett County. County Attorney Dwight Snow, on behalf of Public Utilities, requested approval of the Board of Commissioners of the County of Harnett, North Carolina, Sitting as the Governing Body of the South Central Water and Sewer District of Harnett County, on the Settlement of 12 CVS 00127, South Central Water and Sewer District of Harnett County vs. Joe Marvin Denning and wife, Vickie Jane West; and Branch Banking and Trust Company for a total of $20,000. Mr. Snow distributed a map of this property which showed the sewer line basically cutting the property in half. Mr. Snow said the couple is understandably upset and distraught. They bought four acres of land and locate their home on the back side of that land because they wanted complete solitude and peace following Mr. Denning's service in the military. Mr. Snow said the nature of the gravity line and location of wetlands dictated this line placement. He also noted eight elevated manholes would be placed on the property. Chairman McNeill moved to approve the settlement as presented. Commissioner Andrews seconded the motion which passed unanimously. Harnett County Board of Commissioners November 19, 2012 Regular Meeting Minutes Page 4 of 8 The Board reconvened as the Harnett County Board of Commissioners. Amanda Bader, County Engineer, updated the Board on the Brightwater Science and Technology Campus Phase 1 Infrastructure Close -out. Mrs. Bader reported that the Brightwater campus is near completion and discussed two matters that needed to be addressed to close -out. Mrs. Bader requested approval of a final decreasing change order in the amount of $23,879.01 for Fred Smith Company. Commissioner Burgin moved to approve the final decreasing change order in the amount of $23,879.01 for Fred Smith Company. Vice Chairman Hill seconded the motion which passed unanimously. Mrs. Bader also requested approval of a supplemental agreement with NC DOT to complete the connection of Brightwater Drive to US 401 for an estimated cost of $10,882. Mr. Bader explained this work was originally included in the Brightwater Science and Technology Campus Phase 1 Infrastructure project awarded to The Fred Smith Company. She stated with the current schedule it has become more practical for NC DOT to complete the work to avoid remobilization charges with the Fred Smith Company, to facilitate survey control and to avoid an extra pavement joint. The deletion of these quantities was included in the final adjusting change order previously approved. Commissioner Burgin moved to approve the supplemental agreement with NC DOT for $10,822. Commissioner Andrews seconded the motion which passed unanimously. Phyllis Owens, Director of Economic Development, updated the Board on the Brightwater Science and Technology Campus Phase 2 Infrastructure. Mrs Owens reported negotiations with a new customer on tracts in the park have generated the opportunity to enhance infrastructure and open more of the Campus parcels for immediate development. Mrs. Owens said by persuading the customer to move to the last parcel at the eastern edge of the park, they can get grants, for job creations, to assist in installing infrastructure to this site which will also open up a larger area for development for future tenants. She noted this project would bring new tax base to the county's revenue stream and create 100 new jobs for residents. Mrs. Owens requested approval to pay the stream impact fees of approximately $72,280. Mrs. Owens also requested approval for the design of Brightwater Drive from the hospital's entrance to the final cul -de -sac on the eastern edge of the property which would cost $119,000. Both of these expenses can be paid with existing funds earmarked for the Campus' development. Mrs. Owens reported that the funds earmarked to cover the expenses noted above are cost savings from construction in the Brightwater Business Park and the Campus. Costs in installing water lines in the Business Park came in under budget due to competitive bidding for the water main and partnering with the Town of Lillington to take advantage of grant money associated with job creation from First Choice. These fund amounts to approximately $95,700. There were quantity under -runs for the Campus side and the project contingency was not used which will complete the amount needed of approximately $94,188. Commissioner House asked if these fees are normally paid by the developer. Mrs. Owens said normally they would be but by paying the fees and designing the road now with existing funds, they could get grants to assist in installing infrastructure due to the location of the new project which would create 100 jobs and then could immediately market additional properties as ready. Harnett County Board of Commissioners November 19, 2012 Regular Meeting Minutes Page 5 of 8 Mrs. Owens stressed all of the funds needed are within the current project with no monies coming from the general fund. Mrs. Owens requested approval of an amendment to Professional Services Agreement with Withers & Ravenel, Inc. to include planning, design and construction administration services for Brightwater Science and Technology Phase 2 Infrastructure and Budget Amendment #166 to fund amendment for engineering services, and wetland restoration for Phase II of Brightwater project. Commissioner Andrews moved to approve Budget Amendment 166 listed below and the amendment to the professional services agreement with Withers & Ravenel. Vice Chairman Hill seconded the motion which passed unanimously. 166 Public Utilities Department, PU 1003 Brightwater Infrastructure Code 575- 9100- 431.45 -30 Engineer /Technical $119,000 increase 575 -9100- 431.45 -20 Legal and Admin 60,000 increase 575- 9100 - 431.45 -63 NC DOT Improvements 10,888 increase 575- 9100 - 431.45 -55 Town of Lillington 40,000 decrease 575- 9100- 431.45 -80 Contingency 94,188 decrease 575 -0000- 356.91 -10 Town of Lillington Grant Reimbursement 55,700 increase Mrs. Bader delivered a Solid Waste Project update. Mrs. Bader requested approval to award construction contract in the amount of $583,153.50 to low bidder Temple Grading and Construction Company for Project 1 of the Dunn -Erwin Corrective Action Project. Mrs. Bader recommended the award be subject to loan closing. Commissioner Andrews moved to approve the award to Temple Grading and Construction Company. Vice Chairman Hill seconded the motion which passed unanimously. (Attachment 6) Mrs. Bader requested approval to award construction contract in the amount of $722,876 to low bidder WECC, Inc. for Construction Company for Project 2 of the Dunn -Erwin Corrective Action Project plus alternatives 1 & 2 for improvements to convenience center and transfer station improvements. Mrs. Bader recommended the award be subject to loan closing. Commissioner Andrews moved to approve the award to WECC. Commissioner Burgin seconded the motion which passed unanimously. (Attachment 7) Commissioner House asked Mrs. Bader to ask WECC if they could also fix the erosion problem on the hill at the Canoe Park in Erwin. Commissioner heard presentation by Davenport and Co. prior to voting on the above bid awards. Mr. Ted Cole with Davenport and Co. presented banking RFP results and reported they are looking to fund the above improvements through special obligation bond with the household solid waste fee serving as collateral. Mr. Cole reported that RFPs were sent to 26 banks and three proposals were received back with all agreeing to the RFP terms. He also noted the bid amount was not final but not to exceed $1,750,000. Mr. Cole discussed the proposals received from Cape Fear Farm Credit, Fidelity Bank and PNC Bank. It was the consensus of the Board to work with Fidelity Bank as was Davenport's recommendation Commissioner Burgin moved to adopt the Resolution of the Board of Commissioners of the County of Harnett, North Carolina, Directing the Application to the Local Government Harnett County Board of Commissioners November 19, 2012 Regular Meeting Minutes Page 6 of 8 Commission for Approval of a Special Obligation Bond; Requesting Local Government Commissioner Approval of the County's Special Obligation Bond and Certain Related Matters. Vice Chairman Hill seconded the motion which passed unanimously. (Attachment 8) Mark Locklear, Planning Manager, petitioned the Board for a public hearing regarding the proposed Unified Development Ordinance (UDO) Text Amendments, Applicant: Fuquay- Varina Futbal Club. Proposed Text Amendments to the Harnett County UDO are Article V. Use Regulations, Section 7.5 Recreational Facilities & Uses; Section 7.5.1 Recreational Facility; Section 7.5.2 Athletic Fields, Private; Article VII. Development Design Guidelines; Section 3.0 Parking & Off - Street Loading Requirements; and Section 3.1.8 Parking Surface Areas. Mr. Locklear said the ordinance currently requires paved parking for athletic fields which would place a financial burden on the club. Mr. Locklear said staff helped write the amendments to the UDO to allow athletic fields to have parking areas that are graded and surfaces with crushed stone, gravel or other suitable material with a minimum depth of six inches. Mr. Locklear noted theses kind of parking areas are very common for athletic fields and staff recommends approval of the proposed amendments. The Planning Board reviewed the proposed text amendments and at its November 5, 2012 meeting unanimously approved to recommend approval as presented. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman McNeill closed the public hearing. Commissioner Burgin moved to approve text amendments as presented. Vice Chaiinian Hill seconded the motion which passed unanimously. (Attachment 9) Mark Locklear, Planning Manager, petitioned the Board for a public hearing regarding the proposed zoning change and Outline Development Plan for Harnett Forward Together Committee, Harnett Health Investors, and Harnett Health System, Inc. Applicant: Phyllis Owens, Economic Development Director, from Industrial to Office and Institutional (O &I) Zoning, 5 tracts equaling 89.12 + \- acres, Hwy 401 N & SR 1436 — Matthews Road, Neill's Creek Township. Mr. Locklear reported the Planning Board unanimously recommends approval of the rezoning request and the Outline Development Plan based on favorable findings of facts for Small Scale Rezoning and Standards of Review. Mr. Locklear reported the site description as the new Brightwater Campus and the five parcels included in this rezoning will be occupied by Central Carolina Community College, several technology based businesses, skilled nursing facility, medical offices, retail facilities as well as the new Harnett Health Hospital. Surrounding land uses consist of single family dwellings, First Choice Medical Facility, Harnett County Court House, Harnett County Governmental Complex as well as vacant land. Mr. Locklear reported staff evaluation as: - The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The impact to the surrounding community is reasonable and beneficial. The nature of the subject property will be mainly medical related uses, along with some educational uses. The anticipated continual growth Harnett County Board of Commissioners November 19, 2012 Regular Meeting Minutes Page 7 of 8 along Hwy 401 N warrants the need for a zoning district that will benefit the Brightwater Campus as well as the community. - The requested zoning district is NOT COMPATIBLE with the existing Land Use Classification. REASONING: The existing land use classification, Municipal Growth, calls for community focused development. The type of development in the Brightwater Campus is permitted in the Office and Institutional Zoning District and would be beneficial to the campus as well as future development and the community. - The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The public health, safety, and general welfare will be greatly enhanced by the proposed zoning classification, which will provide for more cohesive, pedestrian friendly development. In addition, the Development Plan will aid the Planning Department and other County departments in preparing for anticipated future growth of the Brightwater Campus. This request is for a SMALL SCALE REZONING and should be evaluated for reasonableness REASONING: The five parcels in this rezoning are not adjacent to any 0 & I zoning property and therefore would have to be considered as a small scale rezoning. Suggested Statement -of- Consistency: Staff concludes that the requested rezoning to Office and Institutional is compatible with all Harnett County regulatory documents and would not have an impact on the surrounding community and will enhance public health, safety and general welfare for the reasons stated in the evaluation . It is recommended that this rezoning request be approved. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman McNeill closed the public hearing. Commissioner Andrews moved to approve zoning changes as presented. Vice Chairman Hill seconded the motion which passed unanimously. Mr. Sauer presented the following reports: - October 2012 Department of Public Health No was no need for closed session. Chairman McNeill called for any new business. Chairman McNeill moved to instructed the Finance Office to give additional funds to Harnett Forward Together Committee (HFTC) to complete their budget appropriation. The motion was seconded by Commissioner Andrews. Commissioner Burgin moved to table the motion which was second by Commissioner House and failed 3 to 2. Commissioner Burgin asked that the Board wait on approving the funding to HFTC. Commissioner House noted the previous the agreement to pay HFTC quarterly. The motion to give funds to HFTC to complete their budget appropriation passed 3 to 2 Vice Chairman Hill moved to adjourn the meeting,* 8:13 pm. Commissioner Andrews seconded the otion which passe. unanit7iiul Timothy : cNeill, Chairman et Regina heeler, Clerk arnett County Board of Commissioners -Noiember 19, 2012 Regular Meeting Minutes Page 8 of 8 Approved by the Harnett "ou.nty Doarc of Comrnissioner« a� ATTACHMENT 1 Date : 11/19/2012 TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES No and Approved By : Pik1 t# 1 CAMPBELL, DEWEY R CAMPBELL, I PO BOX 103 BUNNLEVEL NC, 28323 - 0103 2 CAMPBELL, DEWEY R CAMPBELL, 1 PO BOX 103 BUNNLEVEL NC, 28323 - 0103 3 CAMPBELL, IRENE D PO BOX 103 BUNNLEVEL NC, 28323 4 CAMPBELL, IRENE D PO BOX 103 BUNNLEVEL NC, 28323 5 CHAPMAN, CHARLENE D AKA, MCNEIL CHARLENE PO BOX 308 ERWIN NC, 28339 - 0000 6 CHAPMAN, CHARLENE D AKA, MCNEIL CHARLENE PO BOX 308 ERWIN NC, 28339 - 0000 7 CHAPMAN, CHARLENE D AKA, MCNEIL CHARLENE PO BOX 308 ERWIN NC, 28339 - 0000 8 CHAPMAN, CHARLENE D AKA, MCNEIL CHARLENE PO BOX 308 ERWIN NC, 28339 - 0000 9 CHAPMAN, CHARLENE D AKA, MCNEIL CHARLENE PO BOX 308 ERWIN NC, 28339 - 0000 10 EMBREY, BEAU SCOTT 171 GOLF DR SANFORD, NC, 27332 - 0627 11 JOHNSON, REBECCA C 975 CYPRESS CHURCH ROAD CAMERON NC, 28326 - 0000 12 JOHNSON, REBECCA C 975 CYPRESS CHURCH ROAD CAMERON NC, 28326 - 0000 13 MCMILLAN, ALFRED MCMILLAN, AMY 306 SKYCROFT DRIVE SANFORD NC, 27332 14 ORE, WILLIAM P 700 S COURTHOUSE RD APT 507 0000009121- 2010- 2010- 000000 County 230.22 City 0.00 City 0.00 0000009121- 2011- 2011- 000000 County 234.83 City 0.00 0000009122- 2010- 2010- 000000 County 282.36 City 0.00 0000009122- 2011- 2011- 000000 County 281.04 City 0.00 0001092624- 2007- 2007- 000000 County 251.93 City 0.00 0001092624- 2008- 2008- 000000 County 248.21 City 0.00 0001092624- 2009- 2009- 000000 County 229.01 City 0.00 0001092624- 2010- 2010- 000000 County 231.79 City 0.00 0001092624- 2011- 2011- 000000 County 227.33 Tip ! Req R .. ; tad :Scatu 230.22 Refund 234.83 Refund 282.36 Refund 281.04 Refund 251.93 Refund 248.21 Refund 229.01 Refund 231.79 Refund 227.33 Refund Value Decrease Value Decrease Value Decrease Value Decrease Value Decrease Value Decrease Value Decrease Value Decrease Value Decrease City 0.00 Military 0001986216- 2012- 2012- 000000 160.13 Refund Exemption County 160.13 City 0.00 0000027805- 2010- 2010- 000000 85.50 Refund County 85.50 City 0.00 0000027805- 2011- 2011- 000000 90.50 Refund County 90.50 City 0.00 0001591083- 2012- 2012- 000000 115.58 Refund County 115.58 Value Decrease Value Decrease Value Decrease 0000040411- 2011- 2011- 000000 City 0.00 361.42 Refund Rebilled to remove Elderly ARLINGTON VA, 22204 - 2148 15 RELLICK, MICHAEL S RELLICK, SONIA CASTILLO 24 EDGEMONT TER SANFORD, NC, 27332 - 6695 16 SHARPE, BRANDY LYNN 121 LINDLEY CT CAMERON, NC, 28326 - 6172 17 WEST, MACK WEST, VALLIE 7209 OVERHILLS ROAD SPRING LAKE NC, 28390 - 0000 WM. A. TONY WILDER Revenue Administrator CC: WM. A. TONY WILDER 0001992669- 2012- 2012- 000000 0001892315- 2011- 2011- 000000 0001728429- 2012- 2012- 000000 Exemption status County 361.42 City 0.00 Military 270.77 Refund Exemption County 270.77 City 0.00 County 166.73 City 0.00 County 417.95 City Total County Total Total to be Refunded Military 166.73 Refund Exemption Elderly Exemption 417.95 Refund 0.00 3,885.30 3,885.30 4PIJroved by t he Harriett' Board of COMMissioner.. le Date : 11/19/2012 TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES No. Dante of Tax Payer EII .' - .'r , Ili 1 BETHUNE PROPERTIES LLC 1107 FRIENDLY RD DUNN NC, 28334 - 2932 2 MOORE, JAMES W 802 S POWELL STREET DUNN NC, 28334 - 0000 WM. A. TONY WILDER Revenue Administrator CC: WM. A. TONY WILDER 0000004628- 2012- 2012- 000000 0000038174- 2011- 2011- 000000 City(C102) 478.32 County 792.22 City(C105) 1,318.82 County 2,389.25 City Total County Total Total to be Refunded 1,270.54 Refund 3,708.07 Refund 1,797.14 3,181.47 4,978.61 Value Decrease Elderly Exemption ATTACHMENT 2 1Harnett COUNTY www,harnett.org Resolution Opposing the Tolling of I -95 through North Carolina WHEREAS, the Harnett County Board of Commissioners supports the need for improvements and maintenance of I -95 from the Virginia State Line to the South Carolina State Line: and WHEREAS, the Board understands the financial challenges of adding lanes, repairing and maintaining this vital transportation corridor; and WHEREAS, the effect of a toll on visitors traveling into our state has not been studied or considered as a significant factor in the decision to tax travelers to generate funds to pay for maintenance and improvements; and WHEREAS, it is our opinion that the impact on existing industries, businesses and economic development retention and recruitment along the I -95 corridor as well as Eastern North Carolina's tourism industry should be evaluated and considered before moving forward with consideration of instituting tolls on I -95; and WHEREAS, the toll would create an unfair hardship on local citizens who travel I -95 to and from work each day within the state and across state borders; THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners hereby respectfully asks that the General Assembly not authorize a North Carolina Toll Road and Bridge Authority to Toll I -95, unless and until a study of the economic impact of a tolling system for I- 95 on tourism, economic development, and local citizens of Eastern North Carolina, has been completed. ADOPTED by the Harnett County Board of Commissioners on this 19th day of November, 2012. Attest: heeler, Clerk to the Board strong roots = new growth Timothy McNeill, Chairman 4,0/2" Harnett County Board of Commissioners ATTACHMENT 3 Harnett C 0 U N TY Resolution of the County of Harnett, North Carolina to Make an Exception of the Daily Deposit Requirement for the Anderson Creek Public Library. WHEREAS, the County of Harnett, North Carolina (the "County ") is a validly existing political subdivision of the State of North Carolina (the "State "), existing as such under and by virtue of the Constitution, statues and laws of the State; and WHEREAS, the County pursuant to N.C.G.S. §159 -32 has the authority to make an exception to the daily deposit requirements; and WHEREAS, the County has determined it is not cost effective for the Anderson Creek Public Library of the Harnett County Public Library to drive from Bunnlevel, North Carolina, to Lillington, North Carolina, to make a daily deposit or create another bank account for the small amount collected by the Anderson Creek Public Library; NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that the Anderson Creek Public Library need make deposits only when the moneys on hand amount to one hundred dollars ($100.00) or more, but in any event a deposit shall be made not later than the last business day of each month. EFFECTIVE this 19th day of November, 2012. Ma aret Regir Wheeler, Clerk of the Board strong roots • new growth Timothy McNeill, Chairman www.harnett.org ATTACHMENT 4 A motion was made by and seconded by Resolution of the Sponsor (Name and title) for the adoption of the following resolution, upon being put to a vote it was duly adopted: THAT WHEREAS County of Harnett (Airport Owner) (hereinafter referred to as "Sponsor ") has requested the North Carolina Department of Transportation (hereinafter referred to as "Department ") to provide and oversee safety improvements on the operational surfaces of the Harnett Regional Jetport ; and WHEREAS, the Department has agreed to provide safety improvement services as defined in Paragraph 1 of this Agreement in accordance with the provisions of North Carolina General Statute 63. NOW THEREFORE, BE IT AND IS HEREBY RESOLVED, that the (Title of fficial) of the Sponsor be and he is hereby authorized and empowered to enter into an Agreement with the Department, thereby binding the Sponsor to fulfillment of its obligation as incurred under this resolution and its Agreement with the Department. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** I, Q�l�c4r e R a_ 1A) k t l Lv', C1 r k 4o fit of the �J (Name and title) CoLkyl ar arde o} Sponsoring Agency is a true and correct copy of the minutes of , do hereby certify that the above :- . 4-v 6oa r (Nami of Authorizing Board o i v►A t 6St O Ke t'`5 , held on (v4 1 . of the Sponsoring Agency) WITNESS my hand and the official seal of the Sponsor. This the day of %V d I/ e" 6 , 2012. Signed: Page 5 of 5 Date of Meetifig) ATTACHMENT 5 Resolution Approving Conveyance of Property to A Nonprofit Organization Pursuant to G.S. 160A -279 WHEREAS, the County of Harnett owns all that 21.94 tract or parcel of land situated, lying and being in Lillington Township, Harnett County, North Carolina, known as "County of Harnett Shawtown School Site" and being that same tract shown on that certain survey and map made by Bennett Surveys, Inc., and duly recorded in the Office of Register of Deeds of Harnett County, N.C., Map Book 2004, at Slide 301, to which map reference is hereby made for a more complete and adequate description. The property hereinabove described is that property acquired by County of Harnett ( "Harnett County ") by special warranty deed in Book 1925, Pages 743 -746, Harnett County Registry. WHEREAS, North Carolina General Statute § 160A -279 authorizes a county to convey real property to a nonprofit corporation if the county is authorized by law to appropriate money to the corporation; and WHEREAS, North Carolina General Statute § 153A -437 authorizes a county to provide assistance to historical organizations to preserve historic areas and establish historical museums; and WHEREAS, North Carolina General Statute §160A-492 authorizes a county to undertake and support human relations and community action programs to promote equality of opportunity for all citizens, promote understanding, respect and goodwill among all citizens and provide channels of communication among the races; and WHEREAS, the County of Harnett has negotiated with Shawtown High School Alumni Assoc., Inc. (hereafter "Association ") to convey a 10.30 portion of that 21.94 acre tract described above and more specifically shown as Tract 1 on certain survey and map made by Streamline Land Surveying, Inc. dated November 1, 2012 attached hereto as Exhibit A in order that the Association preserve the historical significance of the area to the African American community and to improve the property to construct a community center to honor the significant contributions of the educators and students of Shawtown High School, and to operate human relations and community action programs for the purpose of promoting the equality of opportunity for all citizens, promoting understanding, respect and goodwill among all citizens and provide channels of communication among the races; and WHEREAS, the preservation of the historical significance of the area, along with the construction of the community center will assist County of Harnett in preserving the historical significance of the area and in promoting human relations and community action programs for all of its citizens. NOW THEREFORE, THE HARNETT COUNTY BOARD OF COMMISSIONERS RESOLVES THAT: 1. The chairman of the Harnett County Board of Commissioners is authorized to execute all documents necessary to convey fee simple defeasible title to a 10.30 portion of that 21.94 acre tract described above and more specifically shown as Tract 1 on certain survey and map made by Streamline Land Surveying, Inc. dated November 1, 2012 attached hereto as Exhibit A. 2. The consideration for the conveyance is the following set of conditions, covenants, and restrictions, which shall be incorporated in the deed given by the county to Association: a. Association will construct a community center on the property and provide areas in the community center which honor the significant contributions of the educators and students of Shawtown High School. The community center shall be constructed by December 1, 2032. b. Once the construction project is complete, Association will operate a community center in the building, offering programs for the benefit all citizens which promote the equality of opportunity for all citizens, promote understanding, respect and goodwill among all citizens and provide channels of communication among the races in the county. c. Association shall submit an annual report to the county summarizing the programs that it offers at the center. d. The deed given by the county to the 10.30 acre tract of land shall convey a title in fee simple detei inable. The fee simple interest of Association in the property shall terminate if at any time Association shall cease to use the property to preserve the historical significance of the area and ceases to operate a community center for the benefit of all citizens. 3. The county clerk shall publish a notice summarizing the contents of this resolution, and the property may be conveyed at any time after 10 days after publication of the notice. Adopted this the 19th day,oi; p�yember, 2012. C co Timoth Mar_aret Regi er, Clerk McNeill, Chairman ti LILLINGTON — • NC 27 r0 038 0 ens cols Fd " * VICINITY MAP (Not m Scale) LEGEND: Sub) ct B dory (Lines Surveyed) Linea Note Surveyed _.,, cLP"E: rile: R/W Right f Way Lines "— - — - Stream or watercourse -"ant' -- • Overhead Electric Lines 0481 Minimum Building Setback Lines CIP /EIS Existing Iran Pipe or Stoke RCP Reinforced Concrete Pipe CCM Existing Concrete Monument PP Anwar Pole CPI( ['cabala P.K. Hall IP Telephone Pedestal 001P Existing Crimped Iron Pipe Trans, Electric Transformer CCS Existing Cotton Spindle (spike) MH Manhole 155 Iron Stoke Set MA Water Mello D Calculated Point FH Fire Hydronl Ac, Acres D.B. Deed Book WI. Square Feel M.B. Mop Book FT United Slates Survey Feel PIN Parcel Identifier Number Esmt. Eesemenl DI Drop Inlet MAD 83 North American Datum of 1983 14,0.0.5. North Cnral,na Geodetic Survey GENERAL SURVEY NOTES: • Iron Slakes set at all property corners unless noted otherwise • Mag. Nails set al all points In asphalt rood surfaces, unless noted otherwise, • All owners and parcel Intormol,an token from Courtly 015, • All distances /dimensions ore Horizontal ground distances In US Survey feel unless otherwise Indl8oled. • Amos determined by coordinate method. • No attempt was made to locale any underground utilities Prior to any uxcorallen call 811 complain line search won not provided nor peel armed daring MN survey. A Its aed attorney should b mulled regourding r echownership. Me existence of any easements, c •meleries or other r slrlcliens and oneumbotranses not shown on mops and deeds referenced hereon. • No environmental leolures wer e located during this s r vey. Wetlands, ponds, streams and other spacial Iondforms may be located within the boundaries surveyed, Gtr O — LINE TABLE ^• COURSE BEARING DISTANCE I t N 08'53'19 "E 77.81' L -2 N 17'20'00 "E 53.47' 1 -3 N 10'53'19 "E 200.85' L -4 N 07'50'20 "1 40 77' L -5 N 08'00'a3 "1 37.85' L-6 N 18'38'53 "0 36.89' L -7 N 19. 51'36 "E 34.46' L-B N 21'23'06 "8 33.94' L-9 N 23'24'34 "E 35.16' 1 -10 N 25040059 00E 36010' L -II N 28'05'36 "L 34.83• 1 -12 N 30. 25'22 "E 33.18' 1-13 N 33'00'33 "E 108.30' L -14 N 35017'58 'E 87.36' 1 -15 N 3020,217"E 75.32' 1-16 N 35'47'02 .'1 208.42' North Corakna Hornell County I, Robert Edward Godwin, Jr„ caddy Thal this plat was drown under my supervision from luol survey made under my supervision (deed description recorded In Book Page __ ). Ihal the boundaries 1 _ surveyed ore shown s broken lines plotted from information found r f es o shown here ; Ihol the rolio of precision o calculated else I' 10,000*; that this plat was prepared in cordons, with C. 5 47 -30 0 amended, Witness my orIgInal signatur registration number and seal this the __ __ day nl . 0.0. 2012. zev 1 further mrtity Mel this survey Is sA,se plBe CARD r of another category, such as the ,eOg,. Cj , mm00,00 wn of Ia11na p sets. IFESS %o;. eon, or o of Heirs. o c urt ordered un o ...piton 1 de the deltnlhan I subdivision, Robert C Codwln, Jr P,L.5 0.050ralion Number' L -3790 HARNETT COUNTY, NC. PK Certificate of Ownership and Dedication I hereby certify that I am the owner of the property shown and described hereon. which Is located In the subdivision Jurisdiction of the Town of Ldltngton and 1021 I hereby adopt this plan of subdivision with my free and eelabllah minimum building seibock Ilnes as noted. OoPer She Dale Property regulated by Harnett County's Weiler Supply Watershed managements and Protection ordinance: y wsary - rA wn of Lllunolon Planning Depl, FEMA FLOOD HAZARD STATEMENT Late shown an this plot ore nol located within 00, FEW. 100 year Flood Hazard Arm as shown an FBA mop No. 1720054800J Effective dole. October 3, 2006 FILED OATS TIME MAP NUMBER REGISTER Or DEEDS KIMBERLY 5 *00000VE By (OewIv) Reme er 0.1 Deeds OK lersecl,on 0 3) aN /O `00,) 11.64 Acres Residual Harnett County D.B. 1925, Pg. 743 Map # 2004 -301 PIN 0559- 14- 095l.000 Dale \4. / above "' ground N 10.30 Acres Total 0.07 Ac. in SR 1135 R/W 1.00 Ac. in Easement 9.23 Ac. Net HcSR\J73S � aerie/ `zz\o 2 sQr N 6:). 6 /S Rjw \l'4,..w Rks !n n This d regulations unie Pelmet learn under 40001, 2. Section lv2 2, Paragraph 203 (_) of the L,ilinplon toning and Subdivision Ordinance. 51a0a of North Carolina County of Harnett rlity ITO1 1 maP o oelf,xed eels oil slalui DATE , Review Of0cer of Harnett Co., plat to which this s certification is ry requirements lor recording Date Harnett County Map Number Revisions: 40 /'r ��/ //t O o N / \\ Y. //°m / j ,j / /? aok'; o 4 po ,90 7701� �3 Map For: Harnett County P. 0. Box 759, Lillington NC 27546 TOWNSHIP: Lillington 50' a 100' STATE: NORTH CAROLINA 88000,tal Scale ZONE: R -20 w07 /D r • ~\ O. R ChOP \ \ ECM \ yr, 0 /wilts EIP a)�q > Y /w mean 1.5' 33 above ground r0 REFERENCE: 0.8. 1925, Pg. 743 Map # 2004 -301 STREAMLINE LAND SURVEYING, Inc. NC FIRM C -1898 870 NC 55 W, Coals, N.C. 27521 Phone: 910- 897 -7715 Fax: 91 — 897 -7284 COUNTY: Harnett DATE: 11 -1 -2012 SURVEYED BY: R.E.G. FIELD BOOK SEE FILE DRAWING FILE N0. Parcel Number: PID 100559 -095 NC PIN 0559-14-0951.900 I FILE: DATA \0559\ 21101 HC 1 121101 HC I C:\ 0359\ 121101H0 \121101HC_nNAL_PtAT.dwg, 11/7/2012 12140:38 PM, 1:100, PREUMINARY PLOT by: Slroam110. Land 5urv.ytng - Coal. NC, 910 -897 -7715 Town of Lillington ETJ SCALE: 1" = 100' BRAWN BY: REG /MGG CERTFED BID TABULATION DUNN ERWIN LANDFILL CORRECTIVE ACTION PROJECT, PROJECT 1 Project Number: 03002B Bids opened 2:00 p.m. October 12, 2012 'Bid Bond Addenda YES Acknowledged li Temple Grading and Construction YE Division 1.1 $342,915.00 Utilities Plus, Inc. YES YES $376,528.05 Division 1.2 $240,238.50 $284,549.01. Total $583,153.50 $661,077.06 R. D. Braswell Construction Co. Sanford Contractors, inc. YES YES YES $356,304.00 $356,941.10 $713,245,10 This is to certify that the bids tabulated herein were publicly opened and read aloud at 2:00 p.m. on the twelfth day of October, 2012, at the Harnett County Public Utilities Business Center in Lillington, N. C., and that said bids were accompanied by acceptable certified checks or bid bonds in the amount of 5% of the bids. $434,122.00 $368,213,60 $802,335,60 Obytorr, 5r-_, PE,. Tic. civil& Envirn4rur ental Engineering 46 West Washington Street - Coats, North Caronna 27521 Phone: 910-897-7070 - Far: 910-897-6767 - www.ctclayton.com Offices located in Coats and New Bern, North Carolina License Mo. C-2570 T. A. Loving Company- YES YES $442,497.00 $359,985.00 $802,482,00 9 .LNIAIXHDV III CERTIFIED BAD TABULATION DUNN ERWIN LANDFILL CORRECTIVE ACTION PROJECT, PROJECT 2 Project Number: 03002B Bids opened 2:00 p.m. October 30, 2012 License Number Addenda Acknowledged Division 2.1 Division 2.1 Alt 1 Division 2.2 Division 2.2 Alt 2 Division 2.2 Alt 3 Division 2.2 Alt 4 Division 2.2 Alt 5 Signature MBE information Bid Security Total Base Bid 8ase Bid Plus Alternates 1 & 2 WECC, Inc. YES YES $190,612.00 $96,328.00 $249,898.00 $186,038.00 $188,823.00 $18,938.00 $15,039.00 YES YES YES $440,510.00 $722,876.00 R.D. Braswell Construction Co. YES YES $131,788,00 $66,086.00 $271,191.00 $335,103.00 $351,281.00 $28,582.00 $33,530.00 YES YES YES $402,979.00 $804,168.00 Progressive Contracting Co., Inc. YEg YS $173,166.37 X36 $317,158.15 $39 42 $36 $31,480.84 f5-5,207244,42 $62447-449 D. S. Simmons, Inc. YES YES $192,900.47 $105,516.93 $519,460.75 $85,000.00 $85,000.00 $51,000.00 $51,000.00 YES YES YES $712,361.22 $902,878.15 This is to certify that the bids tabulated herein were publicly opened and read aloud at 2;00 p.m. on the thirtieth day of October, 2012, at the Harnett County Public Utilities Business Center in Lillington, N. C., and that said bids were accompanied by acceptable certified checks or bid bonds In the amount of 5% of the bids. * Bid Retracted ytw 7, S , P„ ., !tic. & Environmental Engineering 46 We Washington Street - Coats, North Carolina 27521 Phony• 910.897 -7070 - Fax: 910.897 -6767 — www.ctclayton.corn Offices located in Coats and New Bern, North Carolina license No. C-2570 T. A. Loving Company YES YES $137,786.00 $80,923.50 $675,079.00 $0.00 $17,000.00 - $272,000.00 $0.00 YES YES YES $812,865.00 $893,788.50 SEAL 028 • .$1 CLNNk' tm, F L snlIIAIxDVIIV ATTACHMENT 8 Parker Poe EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS A regular meeting of the Board of Commissioners of the County of Harnett, North Carolina (the "County ") was held in the Commissioners' Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina, at 7:00 p.m. on November 19, 2012, after proper notice, and was called to order by Chairman Timothy B. McNeill, and upon the roll being called, the following members of the Board answered present: Timothy B. McNeill, Chairman Beatrice B. Hill, Vice Chairman Dan B. Andrews, Commissioner Jim Burgin, Commissioner Gary House, Commissioner The following members of the Board were absent: All were present Also present: Scott Sauer, County Manager Tony Wilder, Deputy County Manager Dwight Snow, Staff Attorney Sylvia Blinson, Finance Officer Margaret Regina Wheeler, Clerk to the Board Commissioner Jim Burgin introduced the following resolution, a summary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board and which was read by title: RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, DIRECTING THE APPLICATION TO THE LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF A SPECIAL OBLIGATION BOND; REQUESTING LOCAL GOVERNMENT COMMISSION APPROVAL OF THE COUNTY'S SPECIAL OBLIGATION BOND AND CERTAIN RELATED MATTERS WHEREAS, the Board of Commissioners (the "Board") of the County of Harnett, North Carolina (the "County ") hereby determines that it is necessary to make certain improvements to the County's Dunn Erwin Landfill facility, including (1) the acquisition, construction and installation of a leachate collection system and (2) improvements to the facility's convenience center and transfer station (collectively, the "Projects "); WHEREAS, the Board is considering the issuance of the County's Special Obligation Bond, Series 2012 (the "2012 Bond") in an aggregate principal amount not to exceed $1,750,000 (1) to finance all or a portion of the costs of the Projects and (2) to pay the costs of issuing the 2012 Bond; WHEREAS, in connection with the issuance of the 2012 Bond, the County has retained Parker Poe Adams & Bernstein LLP, as bond counsel, and Davenport & Company LLC, as financial advisor (collectively, the "Financing Team "); and WHEREAS, the Board desires that the County Manager and the Finance Officer of the County (1) file with the Local Government Commission of North Carolina (the "Commission ") an application for PPAB 2021743v2 its approval of the 2012 Bond on a form prescribed by the Commission, (2) request in such application that the Commission approve (a) the negotiation of the sale of the 2012 Bond to a financial institution to be determined (the "Purchaser ") through a private placement and (b) the County's use of the Financing Team in connection with the issuance of the 2012 Bond, (3) state in such application such facts and attach to such application such exhibits in regard to the 2012 Bond and to the County and its financial condition as may be required by the Commission and (4) take all other action necessary for the issuance of the 2012 Bond; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OFHARNETT, NORTH CAROLINA, AS FOLLOWS: Section 1. The 2012 Bond is to be issued by the County for the purpose of providing funds (1) to finance all or a portion of the costs of the Projects and (2) to pay the costs of issuing the 2012 Bond, all as set out fully in the document attached to the County's application to the Commission. The Projects are necessary in order to comply with state and federal rules and regulations applicable to the Dunn Erwin Landfill facility. Section 2. The County Manager and the Finance Officer of the County are hereby authorized, directed and designated, individually and collectively, (1) to file an application with the Commission for its approval of the issuance of the 2012 Bond, (2) to request bids from financial institutions for the purchase of the 2012 Bond and (3) to designate, with advice from bond counsel and the County's financial advisor, the Purchaser of the 2012 Bond. The Finance Officer or her designee is authorized and directed to file all notices required in connection with the issuance of the 2012 Bond. All actions taken by the County Manager and the Finance Officer or any of their respective designees in furtherance of this Resolution are hereby ratified and approved. Section 3. The Board finds and determines, and asks the Commission to find and determine from the County's application and supporting documentation, as follows: (a) the issuance of the 2012 Bond is necessary; (b) the not to exceed stated principal amount of the 2012 Bond will be sufficient (but not excessive), when added to other money available for such purposes, for the financing of the Projects; (c) the Projects are feasible; (d) the County's debt management procedures and policies are good; and (e) the 2012 Bond can be marketed at reasonable rates of interest. Section 4. The Chairman of the Board, the County Manager, the Finance Officer and the Clerk to the Board are hereby authorized to do any and all other things necessary to complete the steps necessary for the issuance of the 2012 Bond. Section 5. The Board requests that the Commission sell the 2012 Bond through a private placement to the Purchaser on such terms as may be agreed upon, but at a true interest cost not to exceed 5.50 %. PPAB 2021743v2 Section 6. This Resolution is effective on the date of its adoption. On motion of Commissioner Jim Burgin. seconded by Vice Chairman Beatrice Hill. the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, DIRECTING THE APPLICATION TO THE LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF A SPECIAL OBLIGATION BOND; REQUESTING LOCAL GOVERNMENT COMMISSION APPROVAL OF THE COUNTY'S SPECIAL OBLIGATION BOND AND CERTAIN RELATED MATTERS" was duly adopted by the following vote: AYES: 5 NAYS: 0 PPAB 2021743v2 STATE OF NORTH CAROLINA ss: COUNTY OF HARNE II I, Margaret Regina Wheeler, Clerk to the Board of Commissioners of the County of Harnett, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, DIRECTING THE APPLICATION TO THE LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF A SPECIAL OBLIGATION BOND; REQUESTING LOCAL GOVERNMENT COMMISSION APPROVAL OF THE COUNTY'S SPECIAL OBLIGATION BOND AND CERTAIN RELATED MATTERS" adopted by the Board of Commissioners of the County of Harnett, North Carolina, at a meeting held on the 19th day of November, 2012. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 19th day of November, 2012. PPAB 2021743v2 11 i •' r: aryl ret Regina eeler Cler to the Board County of Harnett, North Carolina ATTACHMENT 9 HARNETT COUNTY NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE WHEREAS, the Board of Commissioners of Harnett County adopted the UDO on November 19, 2012 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 amendment to the articles of the UDO as listed below and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA Article V, Section 7.5.1. and 7.5.2; Article VII, Section 3.1.8, of the UDO shall be amended to read as indicated in "Attachments land 2 ". "Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board's Office. Duly adopted this 19th day of November, 2012 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS `° CF 161-Aip cNeill, Chairman et Regina eeler, Clerk to thlBoard ARTICLE V. USE REGULATIONS SECTION 7.5 RECREATIONAL FACILITIES & USES 7.1 Recreational Facilities & Uses 7.5.1 Recreational Facility A. Adequate, handicap accessible restroom and parking facilities shall be provided B. When outdoor fields are proposed with a Recreational Facility, the use regulations for "Athletic Fields" shall be applicable, unless otherwise approved by the Board of Adjustment. 7.5.2 _Athletic Fields, Private In cases where the requirements listed herein cannot be met, the applicant(s) may apply for a conditional use permit. A. Total project acreage shall not exceed 12 acres. B. Flours of operation are permitted as follows: 1. Monday through Friday hours are limited to 3:OOPM to dusk. 2. Saturday hours are limited to 9:OOAM to dusk. 3. Facility shall not be in operation on Sunday. C. No intercom, loudspeaker, or other similar items shall be permitted. D. No lighting shall be permitted. E. Adequate parking shall be provided so as not to interfere with the surrounding properties. 1. This shall hereby prohibit the use of public right(s) -of -way for overflow parking. 2. Parking areas shall be graded and surfaced with crushed stone, gravel, or other suitable material with a minimum depth of six inches (6 "). 3. All handicapped accessible parking shall be paved. 4. No parking signs shall be posted along property line(s) adjacent to the public right(s) -of- way in accordance with NCDOT standards and shall be shown on the required site plan. 5. Parking spaces shall be a minimum of 50 feet from all residential structures. F. All unpaved areas shall be maintained in a manner that prevents dust from adversely impacting adjoining properties and right(s) -of -way. G. No outdoor recreational facilities, including fields, shall be permitted in required setback. H. Adequate, handicap accessible restroom facilities shall be provided. ARTICLE VII. DEVELOPMENT DESIGN GUIDELINES SECTION 3.0 PARKING & OFF - STREET LOADING REOUIREMENTS 3.1.8 Parking Surface Areas A. All parking surface areas that contain one (1) of the following scenarios shall be graded and surfaced with asphalt and /or concrete, unless stated otherwise within this Ordinance. In designated watershed areas, alternative pervious or porous materials may be utilized, as approved by the Administrator. 1. Access drives with lanes for drive -in windows; or 2. 15 or more parking spaces; or 3. That are used at least five (5) days per week.