HomeMy WebLinkAbout032116mHARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
March 21, 2016
The Harnett County Board of Commissioners met in regular session on Monday, March 21,
2016, in the Commissioners Meeting Room, County Administration Building, 102 East Front
Street, Lillington, North Carolina.
Members present:
Staff present:
Jim Burgin, Chairman
Gordon Springle, Vice Chairman
Abe Elmore, Commissioner
Barbara McKoy, Commissioner
Joe Miller, Commissioner
Joseph Jeffries, County Manager
Paula Stewart, Deputy County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
Chairman Jim Burgin called the meeting to order at 7:00 pm. Boy Scout Troop 794 of Buies
Creek led the pledge of allegiance. Commissioner Abe Elmore led the invocation.
Chairman Burgin called for additions and deletions to the published agenda. Mr. Jeffries
requested the deletion of Agenda Item 4H Harnett County Emergency Service's request for
approval of the EMS Assistant Medical Director contract between County of Harnett and
Gregory Michael Christiansen, M.D. as the EMS Medical Director from the agenda. Mr. Jeffries
also requested to remove Agenda Item 40 Harnett County Economic Developments' request for
approval of listing agreement with Avison Young through January 31, 2017, with option to
extend, to market certain county -owned properties for commercial development from the consent
agenda for discussion purposes. Commissioner Miller requested the deletion of Agenda Item 4L
Harnett County Human Resources requests approval of the Harnett County Vehicle Use Policy
from the agenda to be discussed at the next work session.
At this time Chairman Burgin recognized Sheriff Larry Rollins who announced his resignation as
the Harnett County Sheriff as of 5:00 pm today. Sheriff Rollins addressed the group. Chairman
Burgin requested the addition of Appointment of New Sheriff to the agenda for consideration.
Commissioner Elmore moved to approve the agenda as amended. Vice Chairman Springle
seconded the motion which passed unanimously.
Vice Chairman Springle moved to approve the following items listed on the consent agenda.
Commissioner McKoy seconded the motion which passed unanimously.
March 21, 2016, Regular Meeting Minutes
Harnett County Board of Commissioners
Page 1 of 9
1. Budget Amendments:
265 Cooperative Extension,
Code 110- 7301 - 465.12 -00
110 -7301- 465.22 -00
110 -7301 - 465.25 -10
110- 7301 - 465.26 -08
110- 7301 - 465.60 -33
110 -7301- 465.58 -14
110 -7301- 465.30 -22
110- 7301- 465.41 -11
110- 0000 - 334.73 -01
CCR &R Block Grant
Salaries & Wages
FICA Tax expense
Unemployment Benefits
Workman's Comp Benefits
Materials & Supplies
Travel
Indirect Cost
Postage
CCR &R Block Grant
267 Sheriff's Office
Code 110- 0000 - 331.51 -05 Bulletproof Vest Grant
110- 0000 - 399.00 -00 Fund Balance
270 Public Utilities Fund
Code 531- 9000 - 431.33 -50 Contracted Services
531- 0000 - 354.01 -00 Sale of Other Assets
272 Harnett County WIOA Youth Program Fund
Code 234 - 7405- 465.26 -09 Workers Comp Participant
234 - 7405- 465.41 -13 Utilities
234 - 7405- 465.58 -01 Training & Meetings
234 - 7405- 465.60 -33 Materials & Supplies
234 - 7405- 465.26 -08 Workers Comp
234 - 7405- 465.12 -00 Salaries & Wages Part time
274 Register of Deeds, Automation Enhancement Fund
Code 230 - 4800 - 410.30 -04 Operating Professional Services
230 - 0000 - 399.00 -00 Fund Balance Appropriated
278 Education Department
Code 110- 8600 - 480.36 -19 CCCC — DOT
110- 7100 - 465.32 -79
Economic Development
2885 increase
440 increase
71 increase
139 decrease
614 increase
1500 increase
356 increase
120 decrease
5607 increase
5224 increase
5224 decrease
700 increase
700 increase
600 decrease
400 decrease
500 decrease
82 decrease
200 increase
1382 increase
12100 increase
12100 increase
70000 increase
70000 decrease
2. Tax rebates, refunds and releases
3. Resolution to add roads to state system (Attachment 1)
4. Resolution of the Harnett County Board of Commissioners to Accept a Gift of Real
Property from Mr. Lester C. Phillips (Attachment 2)
March 21, 2016, Regular Meeting Minutes
Harnett County Board of Commissioners
Page 2 of 9
5. Harnett County Emergency Services requested approval of the Harnett County
Emergency Services Basic Life Support Training Policy. The policy is to establish a
uniform procedure for providing Basic Life Support Training courses within Harnett
County. Harnett County Emergency Services will provide several types of American
Heart Association Basic Life Support Courses. The cost of the Basic Life Support
Training will consist of a fee schedule based on the agencies, organizations and
individuals.
6. Harnett County Emergency Services requested approval of MOU regarding Assistant
Medical Director in charge of Non - Traditional Practice Setting for Paramedics between
County of Harnett and Daniel Christian Minor, M.D.
7. Administration requested approval of N.C. Department of Transportation Traffic — DOT
Construction Agreement to construct a new entrance to the Harnett County Central
Carolina Community College on US 421.
8. Harnett County Sheriff's Office requested approval of the Harnett County Detention
Center Medical Plan developed by Southern Health Partners.
9. Harnett County Sheriff's Office requested approval to apply for a Governor Highway
Safety Grant for four full -time traffic enforcement positions and four fully equipped
vehicles requiring a county match of 15% ($74,885) for the 2016/17 budget year, year,
30% of the personnel cost the second year, and 50% of the personnel cost the third year.
The County will be responsible for 100% of the costs after the third year.
10. The Western Harnett/Overhills Area PTO Thrift Store requested waiver of their mixed
trash landfill fees. Harnett County Engineer recommended, if this request is approved,
waiving fees up to $1000.
11. Harnett County Public Utilities requested the approval of the contract documents with
MBD Consulting Engineers, P.A. for the Odor Control/Lime Feed System at Fort Bragg
Wastewater Lift Station. The award of construction contract for Odor Control /Lime Feed
System at Fort Bragg, in the amount of $189,000, was awarded to ELJ Incorporated of
Jacksonville, NC on February 1, 2016.
12. Harnett County Economic Development requested approval of listing agreement with
Avison Young through January 31, 2017, with option to extend, to market certain county -
owned properties for commercial development. Avison Young will be responsible for
marketing the properties for sale and will be paid through a commission on properties
sold.
13. Harnett County Cooperative Extension requested 2% cost of living increase on the
Harnett County portion of the split funded Cooperative Extension employees' salaries.
This will be a retroactive adjustment effective 1/1/16.
March 21, 2016, Regular Meeting Minutes
Harnett County Board of Commissioners
Page 3 of 9
14. Harnett County Finance Officer requested approval of contract with Martin Starnes &
Associates, CPAs, P.A., to audit County's financial records.
Chairman Burgin presented a framed copy of the Resolution of the Harnett County Board of
Commissioners to Accept a Gift of Real Property from Mr. Lester C. Phillips to Mr. Bobby
Phillips and expressed the Boards' appreciation for the donation. Chairman Burgin recognized
Dunn Area Tourism Authority Director Sharon Stevens and Dunn -Erwin Rail Trail Treasurer
Patsy Carson.
At this time Chairman Burgin read the following prepared statement:
"On Feb. 9, 2016, the Harnett County Board of Commissioners was notified by Harnett
County Sheriff Larry Rollins in closed session of his plans to resign the office of sheriff
effective March 21, 2016, at 5 p.m.
According to Section 162 -5 of the North Carolina General Statutes, it is the responsibility
of the county board of commissioners to select a replacement to serve the remainder of a
sheriff's vacated term at the next board meeting following the sheriff's resignation.
We take our responsibility in this matter very seriously and in selecting a new sheriff, we
had the following goals in mind:
• To select a qualified and capable candidate to serve out the remainder
of Sheriff Rollins' term.
• To maintain continuity in the Harnett County Sheriff's Office until such
a time as the citizens of Harnett County have the opportunity to elect a
new sheriff.
• To make sure the process for selecting a new sheriff is fair and efficient.
With these goals in mind, the Harnett County Board of Commissioners interviewed the
three sheriff's majors who currently serve the Harnett County's Sheriff's Office. From
these interviews, the board has selected Maj. Wayne Coats to serve out the remainder of
Sheriff Rollins' term as Harnett County Sheriff. The next election for Harnett County
Sheriff will be held Tuesday, Nov. 6, 2018.
In selecting Maj. Coats as sheriff, the board considered his 22 years of law enforcement
experience with 20 of those years spent with the Harnett County Sheriff's Office, first as a
deputy assigned to Campbell University and then as an employee working his way up
through the Sheriff's Office, as well as the level of respect that other members of the
Sheriff's Office have for him, and his dedication to serving the citizens of Harnett County.
We look forward to working with Sheriff Coats, and we thank Sheriff Rollins for his
service and wish him well."
Commissioner McKoy moved that:
1) the Board of Commissioners acknowledge the receipt of Larry W. Rollins' resignation
as Sheriff of Harnett County effective March 21, 2016 at 5:00 p.m.; and
March 21, 2016, Regular Meeting Minutes
Harnett County Board of Commissioners
Page 4 of 9
2) Major Wayne A. Coats of the Harnett County Sheriffs Department be elected by the
Harnett County Board of Commissioners as Sheriff of Harnett County for the
remainder of Sheriff Larry W. Rollins' term of office.
This motion is made pursuant to the provisions of N.C. G.S. Section 162 -3 and 5. Commissioner
Elmore seconded the motion which passed unanimously.
Sheriff Wayne Coats addressed the group. Vice Chairman Springle thanked Commissioner
McKoy for her leadership in selecting the new sheriff.
Chairman Burgin recognized Angier Mayor Lewis Weatherspoon.
Chairman Burgin opened the floor for informal comments by the public, allowing up to 3
minutes for each presentation up to 30 minutes.
- Cris Nystrom of 391 Center Lane in Bunnlevel addressed the group. He said our leadership
must have a united vision. Mr. Nystrom asked commissioners to always reach out to the
citizens, hear their concerns, formulate plans and let their actions always reflect the will of
the people.
- Jimmy McCormick of 713 McCormick Road in Sanford said the new Benhaven Elementary
School is waiting to be constructed. Mr. McCormick said it's been some months since the
land was transferred to the School Board. He urged whatever differences that the
commissioners and School Board have that it might be worked out quickly so our children
don't have to wait in an old old building that we know has mold and many things that are not
healthy for children.
Commissioner Miller moved to approve the appointments listed below. Commissioner Elmore
seconded the motion which passed unanimously.
Harnett Health System Board of Trustees
Dr. Terrill Brown, Gene Lewis and Thomas Butler (nominated by Commissioner Miller)
were appointed to serve a three year term on this board expiring March 31, 2019.
Home and Community Care Block Grant Committee
Deangelo Jackson (nominated by Commissioner Miller) was appointed to serve on this
committee.
Southeastern Economic Development Commissioner
Commissioner Springle was reappointed to serve an additional four year term on this
commission expiring December 31, 2020.
Harnett County High School Fire Academy Instructor Reggie Hocutt talked about the academy
and distributed informational gift bags to commissioners. Mr. Hocutt said we now have the
ability to graduate fire fighters right out of high school and noted to date they have graduated 25
fire fighters. He said this program was recently featured by NC NOW.
March 21, 2016, Regular Meeting Minutes
Harnett County Board of Commissioners
Page 5 of 9
Mr. Hocutt introduced Instructor Brian Heath who teaches this program at Western Harnett High
School. Past academy students Alex Wilkins and Jake Field addressed the board as to what the
program has done for them. Mr. Hocutt, who teaches this program at Harnett Central High
School, will again take students to compete in Skills USA this year. Last year Mr. Hocutt took
22 high school students to Skills USA and out of 63 participants Harnett County took the top 15
slots.
Mr. Hocutt said their class enrollment is growing and 35 students are currently enrolled in the
program. He said other schools want to visit Harnett County to understand their success with the
program. He also said if it wasn't for donations from fire departments and local companies they
couldn't do all that they do. Mr. Hocutt called upon CT Director Lynn Hartley who presented a
thank you plaque to Erwin Fire Department's Chief Wilkins and Chief Pope for their donation of
a fire truck and support to the academy.
Mark Locklear, Director of Harnett County Development Services, petitioned the Board for a
public hearing — Proposed Zoning Change: Case # RZ- 16 -04; Landowner /Applicant: Harriet
Marshall & Vivian Clark Chance et al/Erwin McNeill, Harold Gilchrist, The Smith Heirs, etc.
12.7 +/- acres out of a 27.17 acre tract; Pin #9594 -35 -2653; From RA -20R to Commercial; NC
Hwy 24/87; Anderson Creek Township. Mr. Locklear noted on February 1, 2016 the Harnett
County Planning Board voted unanimously (5 -0) to recommend approval of this Rezoning
application based on compatibility to the surrounding properties as well as adjacent zoning
district.
Mr. Locklear reported the site is currently wooded, and located adjacent to the new Wal -Mart
shopping area. Surrounding land uses include single family residential homes and residential
subdivisions, undeveloped and federally owned land. A variety of commercial development is
within close proximity. Harnett County public water and sewer are available. Mr. Locklear
noted as required for all zoning changes within a five mile radius of Fort Bragg, the Regional
Land Use Advisory Commission was contacted and did not have any comments.
Mr. Locklear stated staffs evaluation as:
The IMPACT to the adjacent property owners and the surrounding community is
reasonable, and the benefits of the rezoning outweigh any potential inconvenience or
harm to the community. REASONING: In the vicinity of the subject property, non-
residential development has progressed at a stable pace. The requested rezoning
change to Commercial will not have a negative impact on the surrounding properties
or the community as it is similar in nature to certain existing zoning districts in the
area.
The requested zoning district is COMPATIBLE with the existing Land Use
Classification. REASONING: The requested zoning is compatible with the existing
land use classification of Compact Mixed Use. The Compact Mixed activity centers
are "growing areas of the county ". They encourage a different combination of uses
such as: commercial, civic, institutional, as well as single family and multi- family
developments.
March 21, 2016, Regular Meeting Minutes
Harnett County Board of Commissioners
Page 6 of 9
The proposal does ENHANCE or maintain the public health, safety and general
welfare. REASONING: The proposed commercial zoning is more appropriate for
this site due to properties to the North and South zoned commercial as well as the
adjacent property. The proposed zoning would enhance the public health and general
welfare.
This request is NOT for a SMALL SCALE REZONING and should not be evaluated
for reasonableness. REASONING: This request does not need to be evaluated for a
small scale rezoning due to the property's size as well as it being adjacent to the
proposed zoning district.
Suggested Statement -of- Consistency: Staff concludes that the requested rezoning to Commercial
is compatible with Harnett County regulatory documents and would not have an unreasonable
impact on the surrounding community and will enhance the public health, safety, and general
welfare for the reasons stated in the evaluation. It is recommended that this rezoning request be
approved.
Chairman Burgin called to order a public hearing on the matter and opened the meeting for
comments from the public.
- Applicant Erwin McNeil of 6 Long Leaf Circle in Cameron spoke in favor of the
rezoning request.
Seeing no one else move, Chairman Burgin closed the public hearing. Commissioner Elmore
moved to approve the rezoning as presented. Commissioner McKoy seconded the motion which
passed unanimously.
Mr. Locklear petitioned the board for a public hearing — UDO Text Amendment to Article V
(Use Regulations), Section 1.2 (Table of Use Types and Regulations). Mr. Locklear explained
the reason for the change is to allow Recycling & Solid Waste Convenient Sites to exist, via a
conditional use permit, within the Office & Institutional and RA -40 zoning districts. Mr.
Locklear noted after a discussion at their March 7, 2016 meeting, the Harnett County Planning
Board voted unanimously (5 -0) to recommend approval of this proposed text amendment.
Suggested Statement -of- Consistency: Staff concludes that the requested text amendment is
compatible with Harnett County regulatory documents, and the benefits outweigh any potential
inconvenience or harm to the community, particularly since a conditional use permit would be
required. Therefore, it is recommended that this text amendment be approved.
Chairman Burgin called to order a public hearing on the matter and opened the meeting for
comments from the public.
- An unidentified citizen spoke from the audience. He asked why this change is being
made. Mr. Locklear responded Harnett County Solid Waste wants to locate a convenient
site in a zoning classification that currently doesn't allow for such. This change would
give them the opportunity to apply for a conditional use permit through the Harnett
County Board of Adjustment.
Seeing no one move, Chairman Burgin closed the public hearing. Vice Chairman Springle
moved to approve the UDO text amendment as presented. Commissioner Miller seconded the
motion which passed unanimously. (Attachment 3)
March 21, 2016, Regular Meeting Minutes
Harnett County Board of Commissioners
Page 7 of 9
Mr. Locklear petitioned the board for a public hearing - UDO Text Amendment to Article IV
(Zoning & Overlay Districts), Section 14.1.10 (Building Height, Required), Section 14.3.5
(Compatibility Design Concept Table); Article V (Use Regulations), Section 1.2 (Table of Use
Types and Regulations), Section 3.2.1 (Multifamily Residential Development: General
Regulations), Section 8.2.3 (Manufacturing, Light), Section 11.8.3 (Planned Unit Development
Design Guidelines); Article VII Development Design Guidelines, Section 4.0 (Sidewalk
Standards). Mr. Locklear explained the proposed text amendment is to update the U.D.O. with
the current Land Use classifications as listed in the new Comprehensive Land Use Plan, He said
this is basically a clean-up because once the new Land Use Plan was adopted the language didn't
"mesh" with our U.D.O. classifications which were based off of the old land use plan.
Chairman Burgin called to order a public hearing on the matter and opened the meeting for
comments from the public. Seeing no one move, Chairman Burgin closed the public hearing.
Commissioner Elmore moved to approve the UDO text amendments as presented.
Commissioner McKoy seconded the motion which passed unanimously. (Attachment 4)
Harnett County Finance Officer Kimberly Honeycutt petitioned the board for a public hearing
concerning the approval of the execution, delivery and performance of the Contract and the Deed
of Trust and the Projects to be financed thereby. The Board of Commissioners of the County of
Harnett, North Carolina is considered (1) entering into an installment financing contract in an
amount not to exceed $2,200,000 to finance all or a portion of the projects identified as eligible
"Qualified School Construction Bond projects" (2) executing and delivering a deed of trust,
security agreement and fixture filing related to all or a portion of the County's fee simple interest
in the real property. Chairman Burgin noted this money was left over after we setup the
financing for new middle school.
Chairman Burgin called to order a public hearing on the matter and opened the meeting for
comments from the public. Seeing no one move, Chairman Burgin closed the public hearing.
Commissioner Miller moved to approve the execution, delivery and performance of the Contract
and the Deed of Trust and the projects to be financed. Vice Chairman Springle seconded the
motion which passed unanimously.
Mrs. Honeycutt petitioned the board for a public hearing concerning the approval of the
execution, delivery and performance of the New Contract and the New Deed of Trust and
the projects to be refinanced thereby. The Board of Commissioners of the County of
Harnett, North Carolina considered approval to authorize the County to proceed to enter
into a deed of trust, security agreement and fixture filing under which the County will
grant a lien on the real property. Mrs. Honeycutt also requested award of the refinancing
of the 2009 Certificates of Participation (COPS), $29,075,000, to Regions Bank who
submitted an interest rate of 2.20 %. Mrs. Honeycutt noted this refinancing would result
in saving of $1.8 million over the next 13 years.
Chairman Burgin called to order a public hearing on the matter and opened the meeting for
comments from the public. Seeing no one move, Chairman Burgin closed the public hearing.
March 21, 2016, Regular Meeting Minutes
Harnett County Board of Commissioners
Page 8 of 9
Commissioner Miller moved to approve the execution, delivery and performance of the new
contract, deed of trust, security agreement and fixture filing under which the County will grant a
lien on real property as well as awarding the refinancing of the 2009 Certificates of Participation
(COPS), $29,075,000, to Regions Bank. Commissioner Elmore seconded the motion which
passed unanimously. (Attachment 5)
Mr. Jeffries presented Harnett County Economic Development request for approval of listing
agreement with Avison Young through January 31, 2017, with option to extend, to market
certain county -owned properties for commercial development. Avison Young will be
responsible for marketing the properties for sale and will be paid through a commission on
properties sold. Mr. Jeffries noted needed changes to the agreements included the removal of the
listing agreement for 220 and 194 Olive Farm Drive also known as the shell building and lot as
well as and the property transferred to the Harnett County Board of Education. Vice Chairman
Springle moved to approve the listing agreement as amended. Commissioner Elmore seconded
the motion which passed unanimously.
Mr. Jeffries presented the following reports:
- Harnett County Public Health Activities Summary — Feb. 2016
- Harnett County Board of Education Financials
Mr. Jeffries also noted the following:
- the Employee Health Clinic had a total of 1,155 visits in the first two quarters with a
value of $121,000;
- Davenport & Company will present our debt profile to the Board of Education
tomorrow at 1:00 pm;
- Staff is currently planning two community meetings, one in Lillington and Northwest
Harnett;
- Angela McCauley is the interim Library Director;
- Our health insurance broker has said the County is looking at a 7 to 7.5% increase in
health insurance cost and a 2% increase in dental cost; and
- Reminded everyone of the Harnett Local Government Association meeting on Monday,
March 28 at 6:30 at the Brass Lantern in Dunn with a guest speaker from Harnett
Health.
There was no new business.
There was no need for closed session.
Commissioner Elmore moved to adjourn the meeting at 8:07 pm. Commissioner McKoy
seconded the motion which passed unani
eeler, Clerk
ch 21, 2016, ` egular Meeting Minutes
Harnett County Board of Commissioners
Page 9 of 9
ATTACHMENT 1
Harnett 'COUNT Y
NORTH CAROLINA
RESOLUTION
BE IT RESOLVED that the Harnett County Board of Commissioners
does hereby, by proper execution of this document, request that the North Carolina
Department of Transportation add to the State's Secondary Road System the below
listed street.
Victoria Hills Subdivision
Tuscon Court
Duly adopted this 21' day of March, 2016.
HARNETT COUNTY BOARD OF COMMISSIONERS
ATTEST:
1/ ,/
/_t1,?, /. /C.4!
ar_: et Regt Wheeler
C1e ! to the Board
strong roots • new growth
ATTACHMENT 2
RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS TO
ACCEPT A GIFT OF REAL PROPERTY FROM LESTER C. PHILLIPS
WHEREAS, the County of Harnett, North Carolina (the "County ") is a valid existing
political subdivision of the State of North Carolina, existing as such under and by virtue of the
Constitution, statutes and laws of the State of North Carolina; and
WHEREAS, under the General Statutes and the common law, counties may acquire real
property by gift; and
WHEREAS, Lester C. Phillips is the owner of two real property tracts composed of
approximately 114 acres which are located in Averasboro Township in Harnett County contiguous
to the North Carolina Rail Trail as it extends from the City of Dunn to the Town of Erwin; that Mr.
Phillips desires to donate these two real property tracts to the County as a charitable gift, and the
County has determined that the acceptance of this gift would be advantageous to the County and
a great benefit to the citizens of Harnett County.
NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF
COMMISSIONERS AS FOLLOWS:
1. That the Board of Commissioners does hereby approve the acceptance of that
General Warranty Deed charitable gift from Lester C. Phillips as shown on the attached Exhibit
LLA ,,
2. That the Board of Commissioners on behalf of all the citizens of Harnett County
hereby extends its heartfelt thanks to Lester C. Phillips for this generous and benevolent real
property gift.
3. The Harnett County Attorney and County staff are hereby authorized and directed
to prepare and record the necessary documents to effectuate the County's acceptance of this real
property gift conveyance.
Duly adopted this the 21st day of March, 2016.
J. : urgin, Chai
H. ett County B
d of Commissioners
ATTACHMENT 3
Harnett
) COUNTY
NORTH CAROLINA
www.harnett.org
A RESOLUTION AMENDING THE
HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE
WHEREAS, the Board of Commissioners of Harnett County adopted the UDO on October 17,
2011 for the purpose of promoting the health, safety, and general welfare of the county residents;
and
WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the
State of North Carolina, particularly G.S. 153A -340; and
WHEREAS, the UDO contains provisions for amending said ordinance and those provisions have
been followed; and
WHEREAS, the Harnett County Planning Board has reviewed the amendments to the articles of
the UDO as listed below and recommends the adoption of the following amendments.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
HARNETT COUNTY, NORTH CAROLINA that Article V Section 1.2 "Table of Use Types &
Regulations" of the UDO shall be amended to read as indicated in "Attachment ".
"Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board's Office.
Duly adopted this 21St day of March, 2016 and effective upon adoption.
HARNETT COUNTY BOARD OF COMMISSIONERS
Ji urgin, Chai
ATTEST:
ii
M. et Regina ler, Clerk to the Board
strong roots • new growth
ATTACHMENT 1
ADD the following to Article V "Use Regulations"
Harnett County Unified Development Ordinance Use Table
1.2 Table of Use Types & Regulations
2
z
0
0.3
PARKING
Retail Sales, Outdoor (primarily outside of an p* p* p*
nling)
l
P* P*
Shopping Center •
--I--
Sexually-Oriented Business (bookstore, motion c*
picture, nightclub)
Vehicle Services
Automobile Repair Facility
Car Wash
P* P*
1
1
sI 11
5 z
1 ILI 1:! I
! 8
1 per 2 employees (largest shift) !
j 3 M
OR 1 per 500 sq. ft.
1 per 200 sq. ft. 3
1 per 300 sq. ft. 4
P* C* C* C* C* 3 per bay + 1 per employee
P* P*
P*
C *
3 S
C* C* C* 1 per employee + 1 per 200 sq. ft.
Parking Lot
Repossession Storage Facility (repot lot)
P
P*
_Vehicle Sales, Leasing, & Rental
INDUSTRIAL USES
Existing Industrial Uses Applying for Permits to
C C C
P
c*
c*
P tP
c*
3
3
1 per 200 sq. ft 4
Expand
Alternative Energy
Ethanol Diesel & Biofuel Production
Solar Energy Facility_
Wind Energy.facvili
Manufacturing
1 per 2 employees (largest shift) 3 B
OR 1 per 500 sq. ft.
As required by underlying use 4
1
C* C*
P* P*
P* P*
-4—
C*
C*
1 per 2 employees (largest shift ) 4 1 H
C* C* C* 1 1 per 2 employees (largest shift) 4
C* C* C* 1 per 2 employees (largest shift) 4
Manufacturing, Fertilizer
Manufacturing, General
Manufacturing, Light
Research Laboratory & Development
Warehousing & Freight Handling
Assembling, Processing Industries, Wholesale, &
Warehouse
C*
P* C*
P*
P* C* P*
P PIP
Distribution Center
Stoe, Recreational Vehicle & Travel Trailer
Stose, Self Mini-Warehouse
Wholesale Trade
P* P* C*
P* C* C*
P* P* P*
P*
P
P*
1 per 2 employees (largest shift)
OR 1 per 500 sq. ft
1 per 2 employees (largest shift)
OR 1 per 500 sq. ft
1 per 2 employees (largest shift)
OR 1 per 500 sq. ft.
4!H
4
4
1 per 2 employees (largest shift)
OR 1 per 500 sq ft
1 per 2 employees (largest shift)
OR 1 per 500 sq. ft
4
P* P*
1 per 2 employees (largest shift)
OR l_per 500 sq. ft.
P* see Office, if applicable
41 S
3
C* C* see Office, if applicable
Wholesale Storage of Gasoline or Bulk Terminal
Plants
c*
1 per 2 employees (largest shift)
OR 1 per 500 sq. ft
3 S
—4
4 H-3
Waste Related
Recycling Collection Centers (unmanned)
Recycling Collection Centers & Solid Waste
Container Sites (manned)
P* P* I P* P* P* P* I P* P*
P P t-
C .
C C IC C
...,, ....i_ _.4. —3-- .--1-------{
C C !
! I
1 1
1 I C 1
C* C* 1 I C* i C* C* *
Recycling Plant
Solid Waste Disposal
Co
1 per unit 1 ;
1 per 2 employees (largest shift) „ !
OR 1 per 500 sq. ft.
IL •
1 per 2 employees (largest shift)
4
OR 1 per 500 sq. ft.
1 per 2 employees (largest shift) 4 I
ATTACHMENT 4
6116H- 'COUNTY
NORTH CAROLINA
Harnett
www.harnett.org
A RESOLUTION AMENDING THE
HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE
WHEREAS, the Board of Commissioners of Harnett County adopted the UDO on October 17,
2011 for the purpose of promoting the health, safety, and general welfare of the county residents;
and
WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the
State of North Carolina, particularly G.S. 153A -340; and
WHEREAS, the UDO contains provisions for amending said ordinance and those provisions have
been followed; and
WHEREAS, the Harnett County Planning Board has reviewed the amendments to the articles of
the UDO as listed below and recommends the adoption of the following amendments.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
HARNETT COUNTY, NORTH CAROLINA that Article I Section 14.1.10 `Building Height,
Required ", Section 14.3.5 "Compatibility Design Concept Table"; Article V Section 1.2 "Table of
Use Types and Regulations ", Section 3.2.1 "Multifamily Residential Development: General
Regulations ", Section 8.2.3 "Manufacturing, Light ", Section 11.8.3 "Planned Unit Development
Design Guidelines "; Article VII Development Design Guidelines Section 4.0 "Sidewalk
Standards" of the UDO shall be amended to read as indicated in "Attachment ".
"Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board's Office.
Duly adopted this 21St day of March, 2016 and effective upon adoption.
HARNETT COUNTY BOARD OF COMMISSIONERS
ATTEST:
Margaret Regina eeler, Clerk to the Board
strong roots • new growth
ADD/ AMEND the following to....
ARTICLE IV. ZONING & OVERLAY DISTRICTS
Section 14.1.10 Building Height, Required
The maximum height of any structure shall be the same as required by the underlying zoning district unless
otherwise stated herein. Buildings located within the, Rural Center, Employment Mixed Use, or Compact Mixed
Use Land Use Classifications are exempt from the district height requirement if they conform to the following:
A. Highest point of the building shall not exceed 85 feet.
B. Fire Code Official shall certify that the building is designed and equipped to provide adequate fire protection.
All buildings that exceed maximum building height of 35 feet shall provide automatic sprinkler system in
accordance with the North Carolina State Building Code.
Section 14.3.2 Land Use Classes
The Land Use Classifications listed herein shall coincide with the Harnett County Land Use Plan. Definitions of
said classifications and further information shall be found in the Harnett County Land Use Plan.
A. PA: Protected Areas
B. ESA: Environmentally Sensitive Areas
C. CDTA: Compatibility Development Target Areas
D. MCB: Military Corridor Buffer
E. ARR: Agricultural and Rural Residential
F. LDR: Low Density Residential
G. MDR: Medium Density Residential
H. RC: Rural Centers
I. CMU: Compact Mixed Use
J. EMU: Employment Mixed Use
Section 14.3.5 Compatibility Design Concept Table
- OPTIONAL
I REQUIRED
1 PUBLIC WATER OR SEWER
2 PUBLIC WATER AND SEWER
Section 14.3.5
Compatibility Deign
Concept Table
F
0
EMU, ARR,
›.
0
ESA, PA
CORNER SIDE
YARD
OPEN SPACE
u.,
fl
RA-40 Zonint,
LAND USE CLASS: LD, MDR, RC, CMU,
?40,000 sq. ft. minimum lots
150' 35' 1 ' 10' '
0% - - - -
1
i
?35,000 sq. ft. minimum lots
150' 35' , 25' I 10' 20'
!
1
0% - - - - -
1
?28,000 sq. ft. minimum lots
1
- - 1 - -
LAND USE CLASS: MDR, RC, CMU, EMU
?_ 21,000 sq. ft. minimum lots
1 ' 35' 1 25' 10' 20'
1 1
20% - - - - -
?17,500 sq. ft. minimum lots
10' i
80' 35' ! i 20' i 10'
30% - - - - -
LAND USE CLASS: MDR, RC, CMU, EMU
14,000 sq. ft. minimum lots
RA-30 Zoning
LAND USE CLASS: LD, MDR, RC, CMU,
80' 1 i 0' 0' 1 ' 40% 1 - - -
i
EMU, ARR, ESA, PA
?30,000 sq. ft. minimtun lots
•
1 ' i 35' ' 0' 20'
0% 1 - - - - - -
I
25,000 ft sq. minimum lots
100' 1 35' 1 25' 10' 20'
.
i
0% 1 - - - 1 • - -
I
,000 sq. ft. minimum lots
?20 in
80' i 35' 20' 10' 20'
10% i - - - 1 - -
LAND USE CLASS: MDR, RC, CMU, EMU
?15,000 sq. ft. m m inimu lots
80' I 30' 20' 10' '
i
20% 1 - - -
.
a12500 sq. ft. minimum lots
70 25' 20' 1. 10' i '
30% '--- 1 1 - 29' 1 -
LAND USE CLASS: MDR, RC, CMU, EMU
10,000 sq. ft. minimum lots
RA-20R(M) Zoning
LAND USE CLASS: LD, MDR, RC, CMU,
70' I 0' 15' 0' 1 15' 40% 1 1J - 2 29' -
EMU, ARR, ESA, PA
?20,000 sq. ft. tninimum lots
80" 5' 25' ' 1 0' '
i
0% - - - - - -
.
?15,000 ft. sq. minimum lots
80' 30'
20' 10' 20'
0% 1 I 1 - 1 - -
l
.........,
10% 1 ---4. 1 - 2 1 29' -
I
?12,000 sq. ft. minimum lots
70' 25' r- 20' t----i-0-' 1 20'
LAND USE CLASS: MDR, RC, CMU, EMU
?9,000 sq. ft. m = inim lots
70' ' I 15' 5' 15'
I
.
20% - 29' -
.•• .•
?7,500 sq. ft. minimum lots
:
70' 20' 15' I ' 15'
.
30% 1 1* - 2 1 29' 1
i I
LAND USE CLASS: RC, CMU, EMU
?6,000 sq. ft minimum lots
60 5' 10 ' 15'
40% * i 29'
- OPTIONAL
I REQUIRED
1 PUBLIC WATER OR SEWER
2 PUBLIC WATER AND SEWER
ARTICLE V. USE REGULATIONS
3.1 Multifamily Residential
3.2.1 Multifamily Residential Development General Regulations
The following regulations shall apply to all Apartment Development, Condominium Development,
Duplex Development, Multifamily Development (other), and Townhome Development.
A Multifamily residential development shall be permitted in, Rural Center, Employment Mixed Use, and Compact
Mixed Use Land Use Classifications, and shall require a conditional use permit in all other Land Use
Classifications.
8.1 Manufacturing
8.2.3 Manufacturing, Light
Subiect to the following requirements:
LAND USE
MAXIMUM LOT AREA
Agricultural & Rural Residential
No Greater Than 15 Acres
Low Density Residential
No Greater Than 15 Acres
Medium Density Residential
No Greater Than 15 Acres
Employment Mixed Use
No Greater Than 15 Acres
Protected Areas, Environmentally Sensitive
Areas, Compact Mixed Use, Rural Center,
N/A
ATTACHMENT 5
DAVENPORT & COMPANY
To Harnett County, NC
From Davenport & Company LLC
Date March 21, 2016
Subject 2016 Refinancing of 2009 Certificates of Participation RFP Summary
Davenport Public Finance
Independence Center
101 N. Tryon Street Ste. 1220
Charlotte, NC 28246
Background
Davenport & Company LLC ( "Davenport "), on behalf of Harnett County, NC (the "County "), distributed a
Request for Proposals ( "RFP ") to secure a Direct Bank Loan to advance refund all or a portion of the County's
outstanding Certificates of Participation, Series 2009 (the "2009 COPs ") and fund the associated Costs of
Issuance.
The RFP was distributed to over 35 National, Regional, and Local Banks. After the initial distribution,
Davenport contacted each of the potential bidders to assess their interest in the financing and address any
questions they had.
The RFP also requested that responding institutions provide interest rate proposals for two different funding
scenarios. These scenarios were designed to provide the County with the option to either refund just the
callable maturities of the 2009 COPs (6/1/2020 - 6/1/2029) or refund all outstanding maturities of the
2009 COPs (6/1/2016 - 6/1/2029). A summary of the scenarios requested is outlined below:
- Option A:
- Option B:
Refund the callable maturities of the 2009 COPs
Refund all outstanding maturities of the 2009 COPs
RFP Responses
Through this process, the County was able to secure four responses to the RFP, including:
1. Capital One Public Funding ( "Capital One ");
2. PNC Public Finance ( "PNC ");
3. Raymond James Capital Funding ( "Raymond James "); and
4. Regions Capital Advantage ( "Regions ").
The following pages contain a summary of the key terms and conditions for each of the responses received.
Member NYSE 1 FINRA 1 SIPC Page 1
DAVENPORT & COMPANY
2016 Refinancing of 2009 Certificates of Participation RFP
Summary
March 21, 2016
Discussion Points
1. Interest Rate
While all four banks submitted proposals consistent with the RFP specifications, Raymond James and Regions
offered the lowest interest rates, as shown in Table 1 below. The rates offered by all of the banks are fixed
through the final maturity of the loan and will be held firm for a closing by April 22 2016.
Table 1: Summary of Interest Rates
Interest Rate
Bank Final Maturity Rates Held Firm Through
Option A Option B
Raymond James 2.41% 2.28% 6/1/2029 April 22nd
Regions N/A 2.37% 6/1/2029 April 22nd
2.20 %1
PNC 2.67% 2.48% 6/1/2029 April 22nd
Capital One 2.95% 2.65% 6/1/2029 April 22nd
1 Rate available if the County agrees to establish commercial card with Regions within 120 days of loan closing.
2. Prepayment Provisions
Prepayment provisions offered by the four bank proposals are shown in Table 2 below.
Table 2: Summary of Prepayment Provisions
Bank
Raymond James
Prepayment Provisions
Prior to June 1, 2026: Non- callablel
Thereafter: In whole or in part on any payment date at Pare
Regions In whole or in part at any time at 101%
PNC Make -whole calla
Capital One Option A - No call until 06/01/22, then at par on any interest payment date
Option B - No call until 06/01/23, then at par on any interest payment date
Prior to this date, the loan may not be prepaid in whole or in part without consent of the Lender.
2 Partial prepayments shall be applied in inverse order of maturity and shall be subject to a minimum amount of $500,000.
3 A make -whole call will allow the County to prepay or pay off the loan prior to maturity; however, it effectively eliminates the potential to achieve any
future debt service savings.
Member NYSE 1 FINRA 1 SIPC Page 2
DAVENPORT & COMPANY
2016 Refinancing of 2009 Certificates of Participation RFP
Summary
March 21, 2016
3. Collateral
The 2009 COPs are currently secured by a Deed of Trust and security interest in both Boone Trail Elementary
School and Harnett Central High School (the "Facilities "). Under Option A, the County would continue to secure
the loan with both Boone Trail Elementary School and Harnett Central High School. Option B allows the County
to potentially release one of the pledged Facilities. A summary of the proposed collateral requirements for
Option B is found in Table 3 below.
Table 3: Option B Collateral Requirement
Bank
Raymond James
Regions
PNC
Capital One
4. Other Considerations
Option B Collateral Requirements
Harnett Central High School
Harnett Central High School
Boone Trail Elementary School or Harnett Central High School
Not Specified
Regions' proposal included a lower interest rate option, should the County establish a commercial card
program with Regions. Based on discussions with County Staff, it is Davenport's understanding that the County
was already in the process of pursuing a commercial card program with Regions prior to the distribution of the
RFP. As such, the lower interest rate option provided by Regions is a viable option for the County to consider.
Member NYSE 1 FINRA 1 SIPC Page 3
DAVENPORT & COMPANY
2016 Refinancing of 2009 Certificates of Participation RFP
Summary
March 21, 2016
5. Estimated Savings
A preliminary indication of the estimated savings structure for the Regions Option B 2.20% proposal is shown
in Table 4 below. These savings are compared to current public market estimates and the Raymond James
proposals to provide additional perspective. The preliminary estimated savings shown in Table 4 are "Net
Savings" that account for estimated costs of issuance and negative arbitrage.
Table 4: Estimated Debt Service Savings
A
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
B C
Public Sale -
5/26/16 Closing
Summary of Bonds Refunded
Par Amount
Coupon
Call Date
Maturities
Summary of Refunding
Final Maturity
Interest Rate (TIC)
Rate Expiration
Bank / Legal Fees
Par Amount
Call Provision
Fiscal Year
20161 $
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
Total $
Net Present Value Savings2.3 $
% NPV Savings"
Negative Arbitrage
Arbitrage Yield
Escrow Yield
$21,595,000
4.000% - 5.000%
6/1/2019
6/1/20 6/1/29
6/1/2029
2.35%
N/A
N/A
$20,180,000
6/1/2026 at 100%
Regions Bank
Option B - 2.20 %4
$29,075,000
3.500% - 5.000%
6/1/2019
6/1/16 - 6/1/29
D E
Raymond James
Option B
$29,075,000
3.50096- 5.000%
6/1/2019
6/1/16 - 6/1/29
6/1/2029 6/1/2029
2.20% 2.28%
April 22nd April 22nd _
$6,000 $83,458
$30,906,000 $30,983,000
Current at 10196 6/1/2026 at 100%
Estimated Savings2 Estimated Savings3•"
$
8,136
22,150
22,150
162,150
160,150
159,500
163,000
161,000
159,550
158,350
162,000
160,000
162,750
1,660,886
1,396,839
6.47%
2.13%
1.07%
142,870
143,162
142,896
142,992
142,828
143,120
143,108
142,908
143,298
142,676
142,642
143,042
143,122
$ 1,858,664
$ 1,615,527
5.5696
Estimated Savings3
122,447
122,518
122,238
122,343
122,210
122,536
122,578
122,435
121,884
122,352
122,394
122,873
122,030
$ 1,590,837
$ 1,377,333
4.7496
2.20%
1.0796
938,669 $
2.28%
1.07%
1,003,580
Raymond James
Option A
$21,595,000 _
4.000% - 5.00096
6/1/2019
6/1/20 --6/1/29
6/1/2029
2.41%
April 22nd
$66,263
$24,105,000 _
6/1/2026 at 100%
Estimated Savings3
119,672
119,630
119,752
120.066
119,630
119,660
119,440
120,039
120,209
119,391
120,185
119,397
119,309
$ 1,556,379
$ 1,338,015
6.20%
2.41%
1.09%
36 Negative Arbitrage23 $ 708,505 $ $ 906,356
' Assumes the County makes an equity contribution at closing.
2 Preliminary and subject to change. rates as of 3/9/16. Assumes a closing date of May 26th. Savings shown include assumed Cost of Issuance of 5300,000 and Underwriter's Discount
of $100,900.
3 Preliminary and subject to change. Assumes a closing date of April 21st. Savings shown include assumed Cost of Issuance of 5130.000 pus any Bank / Legal fees (if necessary).
Rate available if the County agrees to establish commercial card with Regions within 120 days of loan closing.
Member NYSE 1 FINRA 1 SIPC Page 4
DAVENPORT & COMPANY
2016 Refinancing of 2009 Certificates of Participation RFP
Summary
March 21, 2016
Recommendation
Based upon our review of the proposals, related analyses, and discussions with County Staff and Bond
Counsel, Davenport recommends that the County select the Regions Option B proposal with a 2.20% interest
rate. The Regions proposal offers the lowest interest rate and the highest Debt Service Savings compared to
the other bank proposals and the estimated current public markets. Additionally, the Regions proposal
provides the County the opportunity to prepay the loan, if desired.
Next Steps
March 21st
County Board Meeting
— County Board Holds Public Hearing
— County Board Selects Winning Bidder
April 4th County Board Meeting
— County Board Adopts Issuance Resolution
April 5th LGC considers approval of the financing.
Week of April 11th Subscribe for SLGS and Finalize Numbers.
On or about April 21St Close on Financing.
Member NYSE 1 FINRA 1 SIPC Page 5
DAVENPORT & COMPANY
2016 Refinancing of 2009 Certificates of Participation RFP
Summary
March 21, 2016
The U.S. Securities and Exchange Commission (the "SEC ") has clarified that a broker, dealer or municipal securities dealer engaging in municipal
advisory activities outside the scope of underwriting a particular issuance of municipal securities should be subject to municipal advisor registration.
Davenport & Company LLC ( "Davenport") has registered as a municipal advisor with the SEC. As a registered municipal advisor Davenport may provide
advice to a municipal entity or obligated person. An obligated person is an entity other than a municipal entity, such as a not for profit corporation, that
has commenced an application or negotiation with an entity to issue municipal securities on its behalf and for which it will provide support. If and when
an issuer engages Davenport to provide financial advisory or consultant services with respect to the issuance of municipal securities, Davenport is
obligated to evidence such a financial advisory relationship with a written agreement.
When acting as a registered municipal advisor Davenport is a fiduciary required by federal law to act in the best interest of a municipal entity without
regard to its own financial or other interests. Davenport is not a fiduciary when it acts as a registered investment advisor, when advising an obligated
person, or when acting as an underwriter, though it is required to deal fairly with such persons.
This material was prepared by public finance, or other non - research personnel of Davenport. This material was not produced by a research analyst,
although it may refer to a Davenport research analyst or research report. Unless otherwise indicated, these views (if any) are the author's and may
differ from those of the Davenport fixed income or research department or others in the firm. Davenport may perform or seek to perform financial
advisory services for the issuers of the securities and instruments mentioned herein.
This material has been prepared for information purposes only and is not a solicitation of any offer to buy or sell any security /instrument or to
participate in any trading strategy. Any such offer would be made only after a prospective participant had completed its own independent investigation
of the securities, instruments or transactions and received all information it required to make its own investment decision, including, where applicable,
a review of any offering circular or memorandum describing such security or instrument. That information would contain material information not
contained herein and to which prospective participants are referred. This material is based on public information as of the specified date, and may be
stale thereafter. We have no obligation to tell you when information herein may change. We make no representation or warranty with respect to the
completeness of this material. Davenport has no obligation to continue to publish information on the securities /instruments mentioned herein.
Recipients are required to comply with any legal or contractual restrictions on their purchase, holding, sale, exercise of rights or performance of
obligations under any securities /instruments transaction.
The securities /instruments discussed in this material may not be suitable for all investors or issuers. Recipients should seek independent financial
advice prior to making any investment decision based on this material. This material does not provide individually tailored investment advice or offer
tax, regulatory, accounting or legal advice. Prior to entering into any proposed transaction, recipients should determine, in consultation with their own
investment, legal, tax, regulatory and accounting advisors, the economic risks and merits, as well as the legal, tax, regulatory and accounting
characteristics and consequences, of the transaction. You should consider this material as only a single factor in making an investment decision.
The value of and income from investments and the cost of borrowing may vary because of changes in interest rates, foreign exchange rates, default
rates, prepayment rates, securities /instruments prices, market indexes, operational or financial conditions or companies or other factors. There may be
time limitations on the exercise of options or other rights in securities /instruments transactions. Past performance is not necessarily a guide to future
performance and estimates of future performance are based on assumptions that may not be realized. Actual events may differ from those assumed
and changes to any assumptions may have a material impact on any projections or estimates. Other events not taken into account may occur and may
significantly affect the projections or estimates. Certain assumptions may have been made for modeling purposes or to simplify the presentation
and /or calculation of any projections or estimates, and Davenport does not represent that any such assumptions will reflect actual future events.
Accordingly, there can be no assurance that estimated returns or projections will be realized or that actual returns or performance results will not
materially differ from those estimated herein. This material may not be sold or redistributed without the prior written consent of Davenport.
Version 01.13.14 I CH MB TC
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