111708r 917
HARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
November 17, 2008
The Harnett County Board of Commissioners met in regular session on Monday,
November 17, 2008, in the Commissioners Meeting Room, County Administration
Building, 102 East Front Street, Lillington,North Carolina.
• Members present: Teddy J. Byrd, Chairman
Beatrice B. Hill, Vice Chairman
Dan B. Andrews
Tim McNeill
Gary House
Staff present: Wm. A. (Tony) Wilder, Interim County Manager
Dwight W. Snow, County Attorney
Kay S. Blanchard, Clerk to the Board
Chairman Byrd called the meeting to order at 7:00 p.m. and Commissioner Andrews led
the pledge of allegiance and prayer.
Commissioner Andrews moved to approve the agenda as published with additions to the
consent agenda: Change Order No. 15 for Law Enforcement Center project
Resolution of support for Logistics Center(rail service)
Commissioner House seconded the motion and it passed unanimously.
Upon motion by Commissioner McNeill and seconded by Vice Chairman Hill, the Board
unanimously approved the following items on the consent agenda:
• 1. Minutes: Regular Meeting,November 3, 2008
2. Budget amendments:
125 EMS/EMS Transports (Fund 110-General)
Code 110-5400-420.43-16 EMS —Maintenance &Repair 652 increase
110-5401-420.43-16 EMS Transport—Maintenance
&Repair 279 increase
110-0000-356.30-00 Insurance Reimbursement 931 increase
126 Health(Fund 110-General
Code 110-7600-441.11-00 Salaries &Wages 3,000 increase
110-7600-441.23-00 Retirement 147 increase
110-7600-441.26-08 Worker's Compensation 45 increase
110-8800-490.32-16 Contingency 3,192 decrease
128 Solid Waste(Fund 580-Solid Waste)
Code 580-6600-461.64-23 Permit Fees 9,000 increase
580-0000-399.00-00 Fund Balance Appropriated 9,000 increase
132 Lafayette School/Hwy. 421 Wastewater Project(Fund 565-PU0701)
Code 565-9100-431.45-70 Interest During Construction 45,506 increase
• 565-9100-431.45-40 Land &Right-of--Way 100,000 decrease
565-9100-431.45-33 Materials & Supplies 25,000 increase
565-9100-431.45-80 Contingency 29,494 increase
3. Tax refunds (Attachment 1)
4. Authorization for Emergency Medical Services to use piggy back with Lenoir County
to purchase two ambulances. The total cost for the two Chevrolet Class I Type III
ambulances is $215,378. Select Custom Apparatus was awarded the bid in Lenoir
9.18
County and has agreed to allow Harnett County to purchase the same vehicles at the same
price and terms.
5. Contract and agreement with the Town of Benson for fire protection service for the
Banner Fire Insurance District. The contract shall become effective July 1, 2008, subject
to the continued legal existence of the District and Fire Department, and shall continue
from fiscal year to fiscal year unless terminated by either party.
6. December mid-month Board of Commissioners meeting is canceled.
7. Second Amendment to the Agreement between Harnett County and Bragg •
Communities, LLC -relating to Cameron Hill Tank construction. The Amendment
clarifies the payment terms of the costs of the construction and maintenance of the
Cameron Hill Tank. Bragg Communities, LLC will pay 50% of the costs of construction
and maintenance of the tank. Bragg Communities, LLC will begin paying its portion of
the tank construction in January, 2009,pursuant to the terms of the Amendment.
8. Agreement with the Town of Coats relating to the Coats Highway 55 Wastewater
Extension Project -Phase One
9. Agreement with Cherry, Bekaert &Holland, auditors, to conduct an Information
Technology Risk Assessment to identify strategic, operational, compliance and financial
reporting objectives.
10. Authorization for Retired Senior Volunteer Program (RSVP)to accept grants funds
from Corporation for National and Community Service in the amount of$40,804. The
grant requires a$12,387. local match which is included in the budget, and $5,100. in-kind
match.
11. Resolution to endorse an application to renew a State Agrarian Zone status for tracts
701 and 702 in Harnett County. (Attachment 2)
12. Change Order Number 15 in the amount of$22,739. for the
Law Enforcement and •
Detention Center project. Included in this change are required sprinkler systems under
second floor walkways, revisions to windows in Magistrate's office and changed to
colors and materials for floor coverings throughout the facility.
13. Resolution of support regarding the request that North Carolina Department of
Transportation include enhanced rail intermodal freight and transload services and
passenger rail service for US 401 (All America Defense Corridor) in the State Rail Plan.
(Attachment 3)
In the informal comments portion of the meeting, Elizabeth Crudup, Historic Properties
Commission member, requested that the Board not enter into a Memorandum of
Understanding with the City of Dunn regarding(former) Harnett High School property.
Commissioner McNeill made a motion to remove from the table consideration of a
Memorandum of Understanding with the City of Dunn regarding the Harnett High School
property. Commissioner Andrews seconded the motion and it passed unanimously.
Commissioner McNeill moved to approve the Memorandum of Understanding with the
City of Dunn which gives ownership of the property to the City of Dunn.
Vice Chairman Hill seconded the motion and it passed unanimously. •
Samantha Ficzko, Planner,presented a request by petition for a 120 Day Moratorium on
all development approvals for property within an area designated for zoning in Stewart's
Creek Township. The Planning Board recommended approval of the request for a
moratorium. Chairman Byrd called to order a public hearing and asked for comments
from the public regarding the issue. Comments were provided by the following citizens:
- Kasdy Dawoud, owner of property in request against moratorium
- Jim Thomas, 5840, 401 S. for moratorium
- Gerry Sutton, 1600 Bunnlevel for moratorium
9t9
There being no further comments, Chairman Byrd closed the public hearing. Vice
Chairman Hill moved to adopt a resolution approving request for a 120 moratorium on
development in designated area of Stewart's Creek as requested. Commissioner Andrews
seconded the motion and it passed unanimously. (Attachment 4)
Samantha Ficzko, Planner,presented a proposed text amendment to the Zoning
Ordinance which will provide condominium developments, multi-family dwellings and
town home developments as Permitted Uses, and hotels or motels as Conditional Uses in
the Office & Institutional Zoning District(0 & I). The Planning Board recommended
• approval of the proposed amendments with a unanimous vote. Chairman Byrd called to
order a public hearing and asked for comments from the public. No comments were
offered regarding the proposed text amendment and Chairman Byrd closed the public
hearing. Commissioner McNeill moved to adopt a resolution approving the text
amendment. Vice Chairman Hill seconded the motion and it passed unanimously.
(Attachment 5)
Samantha Ficzko, Planner,presented a zoning change request from various landowners
including Campbell University, plus several residential homes, two churches, post office ,
school and public water and sewer: applicant: Harnett County Planning Depaitiiient,
from RA-20M, RA-30 & Commercial Zoning Districts to Office & Institutional Zoning
Districts, location: Buies Creek, 427.49 acres,Neill's Creek Township. The Planning
Board recommended approval of the zoning change. Chairman Byrd called to order a
public hearing on the matter and asked for comments from the public. Joe Wynns, 301
Main Street, Buies Creek asked that his property not be included in the rezoning. There
being no further comments, Chairman Byrd closed the public hearing. Commissioner
McNeill moved to approve the as presented with removal of the two properties as
requested. Commissioner House seconded the motion and it passed unanimously.
Samantha Ficzko, Planner,presented a zoning change request from B.C. Property LLC,
5.159 acres, from RA-40 to Commercial Zoning, Neill's Creek Township, SR 2005-
III Brick Mill Road. Chairman Byrd called to order a public hearing and opened the meeting
for comments from the public. No comments were offered and Chairman Byrd closed
the public hearing. Commissioner Andrews moved to table consideration stating that the
Board needs to get more information before a decision is made to make sure the airport is
protected. After discussion, Commissioner McNeill seconded the motion to table the
matter and it passed with a unanimous vote.
Samantha Ficzko, Planner,presented a zoning change request from applicant Harnett
County Planning Department, owner of record: Willis H. Gregory, Todd Gregory, Kevin
Gregory, Rodney Gregory, 12.49 acres, from Industrial to Light Industrial Zoning
District, Black River Township, 3581 Benson Road. Chairman Byrd called to order a
public hearing and opened the meeting for comments from the public. No comments
were offered and Chairman Byrd closed the public hearing. Chairman Byrd moved to
approve Light Industrial Zoning on the basis of findings as noted in the Planning Staff
. report:
1. The impact to the adjacent property owners and surrounding community is
reasonable, and the benefits of the rezoning outweigh any potential inconvenience or
harm to the community.
2. The requested zoning district is compatible with the existing Land Use
Classification.
3. The proposal does enhance or maintain the public health, safety and general
welfare.
S
4. The request is for a small scale rezoning and should be evaluated for
reasonableness.
Commissioner House seconded the motion and it passed unanimously.
Samantha Ficzko, Planner,presented a zoning change request from applicant Rodney
Haire, owner of record Allen M. Potter, 1.0 acres from RA-30 to Commercial Zoning
District, Barbecue Township, Hwy. 87. Chairman Byrd called to order a public hearing
and opened the meeting for comments from the public. Renee Hudsel spoke in favor of
the zoning change. There being no further comments, Chairman Byrd closed the public
920
hearing. Commissioner McNeill moved to approve the zoning change. Commissioner
Andrews seconded the motion and it passed unanimously.
Wm. A. (Tony) Wilder, Interim County Manager, presented for the Board's consideration
a resolution authorizing the negotiation of an installment purchase contract, directing the
publication of notice with respect thereto and providing for certain other-related matters
thereto. Commissioner McNeill moved to adopt the resolution. Vice Chairman Hill
seconded the motion and it passed unanimously. (Attachment 6)
Chairman Byrd stated that the Board would now consider matters sitting as the governing •
body of South Central Water and Sewer District. Wm. A. (Tony) Wilder, Interim County
Manager, presented for the Board's consideration a resolution providing for the issuance
of$9,753,000 General Obligation Water and Sewer Bond Anticipation Notes, Series
2008C, of the South Central Water and Sewer district of Harnett County. Commissioner
McNeill moved to adopt the resolution. Commissioner Andrews seconded the motion
and it passed unanimously. (Attachment 7) Chairman Byrd closed the South Central
Water and Sewer District portion of the meeting and returned to the regular meeting.
There being no further-business, Vice Chairman Hill moved to adjourn. Commissioner
McNeill seconded the motion and it passed unanimously. The Harnett County Board of
Com ssioners r lar meeting,November. 17, 2008 adjourned at 8:15 p.m.
Todd J. yrd, Ch irman
e. A .
Kay S a:lanchard, Clerk to the Board
Attachment 1 •
v+sd by thta�lflrarc4t
CcaLa rd of Con rolssrorfgh
1Mrt9 k-17-a r
Board R,e ort
Dale:11,117,2006 Appits411414111jr el
TO:HARNETTCOUNTY BOARD OF COMMISSIONERS
RE:CQ?JSIDERATIDN OF REF3117D FOR TAJES,INTEREST AND PENAL:MS FOR.ALL MUNICIPALMEE
Nero.of TIM Payee • - - Rae i T .Mr**11170 lout Reismdl �,�'•�Alitran..i.
1 3211H.NSC t,TERRY LYPN CAM) 5.95 Sines Correction
2430 OAK GROVE CHURCH RD CC171579440-2000-2005.000001 6.C4. Refund
AVI.�ER, NC, 27501-7750 Corey 0.03
2 JONES. DIJANE RAYNKIND . City 0.00 Military EEemptla
20 FRONTIER CT 00511 59072-20118-2400-XIX04 39.39 Refund
Lru,INGTON,NC 2756%4491 County 35.35,
LItUNG DN. NO.27546-9491
3 WOM,lACK.WESLEY Cty 0.04 Double-Li-mod
W7 ACKt. DEBRA ROAD cO1:4E000-2 5.2003.110c0o =O. Rotuma1 Rotuma
LILLINGTON NC. 275411 [curly 230.01
4 WCNACK_WESLEY City 0.02 Dosbie-Listed
WOMACK_DE11RA 0001506336 2008-ad1-110X0 314,75 Refund
177 DEAN RD - County 314.75
L4WNGTON NC, 27549
5 WOMACK VJESLEY - cay 0.00 Double-Listed
WOMACK. DEBRA 0001611w06-2036-2005-116000 264.95 Refund
177 DEAN ROAD Curly 234.05
LLWN3TCN NC, 27546
6 WOMACK.,WESLEY City 0.00 Double-@.isfcd
WOMACK,DEBRA 4001.5135036-2549-2506-11t033 246.37 Refund
177 DEAN ROAD County 24e.9r
LILLINGTON IJC,27646
7 WOMACK_WESLEY Gay 0,50 Double-Listed
MVOMACK DEBRA 0J018 10313-2006-2007-110000 229.61 Refund
177 DEAN ROAD Carty 223.61
L O54 TON NC. 27546
0 WOMACK,WESLEY City 0.00 Dvu5te-Listed
WOMACK, DERRA Dom 50 5036-2o06-2CO6-11OX0 204.35 Refund
f77 DEAN ROAD `F,uunly 204.35
LILLINOTON NC. 27540
Belly Smells et"Total 5,09 •
Ravaro.re Administrator Comfy Total I.553.04
Total to be .65313
Refunded
921
Attachment 2
Rl'SOLUTION ENDORSING THE APPLICATION TO DEFINE A STATE
AGRARIAN ZONE FOR THE COUNTY OF HARNETT,NC
WHEREAS,the North Catalina Depatwtent of Commerce Division of C:immunity
Assistance has issued a call for applications for the State Agrarians Zone:and
WHEREAS,the County of Harne through numerous programs.projects and policies,
• has demonstrated on•gaing commitment to tlx promotion of economic development,the
creation of new jobs,and the expansion of existing busirtcs es,
NOW,THEREFORE,BE IT RESOLVED,the Harnet County CortvnLaioncrs hereby
endorse the application a rddng to define a State Agr:srian Zone for the County of
Harnett.
Adopted this 17th day ofNoventber.20 0S.
T T y Byrd.C
Board of Conrtttis Crecy
ATTEST:
•
Kau, o n t•�i
Kay android.Clerk
Attachment 3
A RESOLUTION OF THE HARNETT COUNTY COMMISSION RELATING TO
NORFOLK SOUTHERN RAILROAD,MCCULLFRS INTERMODAl,
LOGISTICS AND THE DEVELOPMENT OF THE HARNETT COUNTY
INTEGRATED LOGISTICS CENTER TO BE LOCATED IN CHALYBEATE
SPRINGS,HARNETT COUNTY,NORTH CAROLINA srA7'ING SUPPORT FOR
A PUBLIC-PRIVATE PARTNERSHIP AND DEVELOPMENT OF THE
HARNETT COUNTY INTERMODAL LOGISTICS CENTER IN ORDER TO
MEET NORTH CAROLINA'S CURRENT AND FUTURE NEEDS FOR TILE
MOVEMENT OF FREIGHT AND PASSENGER RAIL AND VEHICULAR
TRAFFIC.
WHEREAS,the North Carolina Depsrtmcnt of Transportation QNCI)OT)Ls developing a
State Rail Plan that will address the present and future reeds far rail in the State and provide a
strategy to address them;and
S
WHEREAS,the State Rail Nan will address commuter,intercity,Itip,Jter speed and high speed rail
services as well as multimadal integration of rail with other modes of trunfpariationi and
WHEREAS.the NCDOT has twit-I for public input on the needs,priorities and rail
lmlrurements to be considered when developing the Satre Rail Plant and
WHEREAS,the US401(Norfolk Southern)rail etrmdur between Raleigh and
Fayetteville is home to a major Natiorrttl Security encampment(Fort Bragg);and
WHEREAS,the cities,towns and counties of the All America Defense Corridor have
experienced significant growth—bath milit,ry,residential and commercial--and with Jr., •
significant in rosses in highway traffic travel time for throtrglr.cotridor trips;and
WHEREAS,the cities and comics along the Corridor expect significant needs for
transportation alternatives in light of growth,rising fuel prices,environmental conxms and
connectivity to the State Capital;and
WHEREAS,trains offer an envltomr.enial and energy efficiency at a level of safety unmatched by
• other modes of transportation for both the movement of freight and people;and
WHEREAS,NCDOT studies of mobility alternatives and capacity enhancements have
included a passenger train service between Fayetteville-Fort Bragg and Raleigh-State Capital;and
WHEREAS,the relocation of mare of the Federal Government's national security-
activity from the Washington area into the All America Defense Corridor region,the activities of
the I3RAC Task Force to develop economic synergies for the region,the rising cost of oil and the
envirennttiuttd conxrtri lxooehr net by carbon based emissions,have heightened the interest in
alternatives to the automobile and tmeks;and
•
1111
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WHEREAS_recognizing Harnett Coenry and the All America Defense Corridor region
as an underserved marketz and
WHEREAS.NCDOT has recommended that steps be taken to implement new High
Speed Rail Service from Raleigh to Washington be implemented"es soon fa possible--Including
any capital improvements needed to the existing rail line and prexntly underused or innctive rail
right of way_and
WHEREAS,implementation olthe All America Defense Corridor Rail Project will
result in overall safety,social,and environmental beretlts,improve the duality of life in the state,
stimulate economic growth,create new employment opportunities,and serve as a positive growth
management catalyst: zed
WHEREAS,the Harnett County Rail Project will become an integral part of central
North Carolina's balanced transponation system said with concurrent development of
improvements to roadways and transit will greatly enhance the mobility of the traveling public and
freight movement;and •
WHEREAS,the llamett County portion of the All America Defense Corridor Rail
Project will support the efforts to aecorratodate the relocation of Forces Command and Reserve
Command from Atlanta to Fort Bragg and the increased traffic caused by the addition of more than
40,600 people which brings tremendous economic gains with higher paying jobs and increased
local spending to the region;and
WHEREAS,Harnett County is already home to a rail service previder known as
McCullers imenmodaf Logistics located on a strategic one hundred acre site along the current man
direct freight rail route between Fort Bragg and the State Capital offering the most efficient rail
Internsodet transportation alternative in support of North Camiina's efforts to attract companies to
the region:and
WHEREAS,the All America Defense Corridor thmiggh Harnett County proposes the
development of a seamless,efficient rail intermodal mute from Atlantic Ocean ggetaways,opening
up u significant portion of central North Carolina currently excluded from imematiartaj intennodal
market~,enhancing central North Carolina global market access,and connecting to existing
dontestik and international distribution throughout the Nation,thereby strengthening the economic
vitality and improving the efficiency and capacity of North Carolina's and the ration's
transportation network;and
R''HERhAS,the All America Defense Corridor will fundamentally alter the competitive posidun of
the ports of North Carolina,because intetntedal cnntainetieed traffic between the ports and their
primary rail markers allow lower costs to accrue to shippers throughout the Nation as well as
i larnett County and the region,to the extent that they arc favored by another competitive route for
the movement of their product,inbound and outbound;and
WIIEREAS,notch lower ensts will accrue to shiPig in central North Carolina,the Fort Bragg
nrgien,and Harnett County,who today Lack inexpensive access to intennodal freight options;and
WHEREAS,such facilities must be cleanly structured for ease of movement internally,and they
must be well situated relative to other infrastructure,most critically,roadway connecters for which
Harnett County has the advantage of the hlcCudlers lnternsodal Logistics site adjacent to U.S.40E; 41111
and
WHEREAS,combining multiple market accesswith other economic development tools
will allow the region to leverage itself for the types of investment they today cannot easily attract
due to the higher cast of freight transportation;and
WHEREAS,the AADC-Harnett Rail Corridor wilt also benefit the telling public and address
congestion by growing freight opportunities via rail instead of road,alleviating the magnitude of
higher highway maintenance costs and improving safety through less truck miles traveled on
existing infrastructure;and
WHEREAS,the Rail Corridor will facilitate the diversion of freight from highways to rail,anti
thereby achieve a better public outcome by providing for greater nobility for both motorists and
truck freight that cannot move by rail,reducing congestion,improving public safety,and providing
for freight movement which is environmentally beneficent and less expensive for shippers:and
WHEREAS,due to the overall cost of tlx projects associated with the All America
Defense-Harnett Rail Corridor,there is a recognition that this will require a pabtie-private
partnership to bting to froltden;and
WHEREAS,Ideally,that partnership should include support from federal funding
sources and the backing of the State of North Carolina,HRAC Regional Task Force,the
transportation,port andlor rail industry agencies of the state,Norfolk Southern Corporation,
McCullers interimdrtl Logistics,the Airport Authority,and the specific localities best shunted for
direct benefit(Harnett County};
NOW THEREFORE BE IT RESOLVED,that the Harnett County Comrttlssion urges
the NCDOT to include enhanced rail interniodal freight and transload services;tad
passenger rail service for US4A 1(All America Defense Corridor)in the State Rail Phtn,
specifically new daily direct service between Fayetteville and Washington.DC and on to New
York and Boston via Raleigh,es proposed by Amtrak,the Federal Railroad Administration and the
Southeast High Speed Rail supporters;and
BE IT FURTHER RESOLVED,that the Harnett County Curmnission urges the North
Carolina Department of Transportation and the Stale Transportation Board to approve the addition
of the 13RAC Regional Task Force recommendation of Fayetteville-Raleigh commuter rail and
Amtrak corridor service including funding needed for infrustrocrure investments to support new 41110
passenger and freight service in the corridor;and
BE IT FURTHER RESOLVED,that the Harnett County Commission urges the North
Carolina Department of Transportation and the State Transportation Board to approve the addition
of the Remelt County intermodul Logistics Center and inlemtodal rail service to the State Rail Plat
including funding rkcessary for infrastructure investments to support new freight rail intermodai
trainload Service in the Corridor;and
•
9 2-i23
BE 17'IURTHI:R RESOLVED,that the Hymen County Cusu ission urges the North
Carolina Department of Transponan►n and the Sate Trrmpination Board to approve the addition
of the access road t Brown Sued)for the Hamen County Imennodal Logistics Center to be
improved with State ecumenic development and other appropriate funds meeting all Pate standards
and to be added to the State Highway Spurn once improvements,including Dashers and gates ai
the togtwaylrai)aytade crusting.ale complete;sad
BE IT FURTHER RESOLVED.that the Harnett County Commission recognizes the
importance of highway-tail at-grade crossing safety on the Raleigh-Fayetteville corridor and
commits to Notfalk Souther[and the Ninth Carolina Depanmmt of Transportation to make a best
effort to study and s1 pport the improvement dal—grade crossings along the corridor,including the
elimination of redwtdant iithur unsafe crossings.and will work with all panics to set specific goals
for this effort;and
BE IT FURTHER RESOLVED.that the Haman Cuumy Cammissioi urges the
Governor.the Legislature,the North Cautina Department of Transportation and the State
Transportation Bawd to appoint the NCDOT Bail Division as the primary contact between Norfolk
Southrro Railway Corporation aid!lama[County—McCullas Intetmodsl Logistics to Moire a •
seamless develupmaa of the Harnett County lutetmodsl Lrg)stica Cage;sal
BE IT FINALLY RESOLVED.that the increawd use*frail fur the movement of
fright in the All America Delatse-Hamer County Rail Cotri6ot will reduce air puluewa,
depenha cc an fossil fuels and nstace i ratr[c.atoliiets with passenger vehicles.that the
Commission has Puri t61Y summed j aten ger alternatives Iaclrarbag its panlaips nun in the
LIKAC Regional Task Force"vision"for dcwitinhent of passenger rail novice along an Unproved
Norfolk Samisen)direct route from Fayetteville to Raleigh,and in the interest of grouting and
pnwnoting public health.safety and salsa strongly petitions nix the development and promotion
of rail height to further highway expansion 000mtetivn through rho development of the Haden
County lnimnvdal Logistics Center-
Adapted this 17eiday ul'November,20(J&
•
HARNETT COUNTY BOARD OF COMMISSIONERS
T 1.By Chairman
Attest // .
_kielay _Blanchard
Clerk m the Word
Attachment 4
•
A RESOLUTION ALLOWING A ONE HUNDRED AND
TWENTY(120)DAY MORATORIUM ORDINANCE ON ALL
DEVELOPMENT AND PERMIT APPROVALS FOR PROPERTY
LOCATED WITHIN THE AREA DESIGNATED FOR ZONING
PURSUANT TO A VOLUNTARY PETITION FOR ZONING IN STEWART'S
CREEK TOWNSHIP OF HARNETT COUNTY,NORTH CAROLINA
WHEREAS, on October 29, 2008, a Petition for Zoning was received by the
Harnett County Planning Department;and
•
WHEREAS, on November 3, 2008, at the Harnett County Board of
Commissioners' Meeting, Petitioner requested a moratorium on all development and
permit approvals for property located within the area designated for zoning pursuant to
the Voluntary Petition for Zoning in Stewart's Creek Township of Harnett County,North
Carolina(also referred to as "Designated Petition for Zoning Area") until the zoning
petition had been evaluated and a determination as to the merits of the petition had been
made or for a period of up to one hundred and twenty(120)days,whichever came first;
and
•
WHEREAS, NCGS 153A-340 provides that "counties may adopt temporary
moratoria on any county development approval as required by law", and that,"the
duration of any moratorium shall be reasonable in light of the specific conditions that
warrant imposition of the moratorium and may not exceed the period of time necessary to
resolve such conditions";and
WHEREAS,the Harnett County Board of Commissioners finds that in the interest
of the public health,safety,and general welfare,it is necessary to establish a one hundred
and twenty(120)day moratorium on all development and permit approvals for property
located within the Designated Zoning Area;and
• WHEREAS, the Harnett County Board of Commissioners finds that a one
hundred and twenty (120) day moratorium for property located within the Area •
Designated for Zoning is reasonable in light of the specific conditions that warrant
imposition of that moratorium in that:
1. The Harnett County Planning Department, Hamett County Planning Board,
and the Harnett County Board of Commissioners need an opportunity to
evaluate the Petition for Zoning;and
2. A moratorium will ensure that development in the proposed Designated
Petition for Zoning Area takes place in an orderly manner that protects and
enhances the appearance of the County;and
3. A moratorium will prevent the submission of development and permit
applications, some of which may attempt to circumvent proposed zoning • •
regulations prior to the implementation of zoning, if granted, in the
Designated Petition for Zoning Area, which would only perpetuate the
conditions and problems with disorderly development and suitability of
particular uses in particular areas.
WHEREAS,the Harnett County Board of Commissioners find that,based on an
evaluation by the Harnett County Planning Staff of the County's application processing
and development review systems, that the only reasonable course of action is the
institution of a moratorium on all development in the Designated Petition for Zoning
Area and that all alternative courses of action are deemed inadequate;and
WHEREAS,the Harnett County Board of Commissioners have given due public
notice of the hearing relating to the adoption of a moratorium for the Designated Petition
for Zoning Area in Stewart's Creek Township of Harnett County,North Carolina and
have held such a public hearing.
NOW,THEREFORE,BE IT ORDAINED BY HARNETT COUNTY,NORTH 110
CAROLINA,AS FOLLOWS:
1. Authority. The provisions of this Ordinance are adopted under authority
granted by the General Assembly of North Carolina(General Statutes 153A-
340)
2. Jurisdiction. The moratorium as set forth in this Ordinance shall be
applicable within the area shown on the Stewart's Creek Zoning Map,
attached hereto as Exhibit A,and incorporated as if fully set forth herein.
3. Effective Date of Ordinance. This Ordinance shall be effective immediately
upon adoption of this Ordinance by the Harnett County Board of
Commissioners.
4. Development Affected. This Ordinance shall impact all development permits
in the Designated Petition for Zoning Area,as shown on the Stewart's Creek
Zoning Map attached hereto as Exhibit A,and incorporated as if fully set forth
herein.
5. Development Moratorium Adopted. No development permits for new uses or
construction shall be granted in the Designated Petition for Zoning Area,as
shown on the Stewart's Creek Zoning Map,attached hereto as Exhibit A,and
incorporated as if fully set forth herein.This Ordinance shall not apply to any
project for which a valid building permit issued pursuant to NCGS 153A-357
is outstanding,to any project for which a conditional use permit application
has been accepted, to development set forth in a site-specific or phased
development plan approved pursuant to NCGS 153A-344.1,to development
for which substantial expenditures have already been made in good faith and
reliance on prior valid administrative or quasi-judicial permit or approval,or
to preliminary or final subdivision plats that have been accepted for review by
the County prior to the call for public hearing to the adopt the moratorium.
6. Termination Date of Ordinance. This Ordinance shall terminate at the •
adjournment of the Harnett County Board of Commissioners'Meeting held on
May 18,2009.
7. Statement of Necessity of Moratorium and of its Duration. This Ordinance,
and its duration,is necessary in order to provide the Harnett County Planning
Department,Harnett County Planning Board,and the Hamett County Board
of Commissioners adequate time to evaluate the zoning petition and make
determinations during the course of their next regularly scheduled meetings.
This Ordinance will ensure that development in the proposed Designated
Petition for Zoning Area takes place in an orderly manner that protects and
enhances the appearance of the County. This Ordinance will prevent the
submission of development and permit approvals,some of which may attempt
to circumvent proposed zoning regulations prior to the implementation of
zoning,if granted,in the Designated Petition for Zoning Area,which would
only perpetuate the conditions and problems with disorderly development and
suitability of particular uses in particular areas.
8. Statement of Action Items. Action items which have been or are proposed to
be taken during the duration of this Ordinance to address the problems or
conditions leading to imposition of this Ordinance are as follows:
a. November 17,2008:Approval of Moratorium Ordinance
b. December 17,2008:Staff report of Zoning Petition Complete
c. December 17,2008:Public Hearing Sign Posted
d. December 17,2008&January 12,2009:Notification Letters Mailed to
Subject and Adjacent Property Owners
e. January 5, 2008: Public Meeting before Harnett County Planning
Board
f. January 20, 2008: Public Hearing before Hamett County Board of
Commissioners •
Duly adopted this /?itday of/Jbuea.L.v ,2008.
HARNETT COUNTY BOARD OF COMMISSIONERS
TEDDY J.BYRD,CHAIRMAN
ATTEST:
KAYBLA�HARD�,CLERK TO THE BOARD
925
Ill:IT IRTHER RESOLVED,that the I(amcn County Cot mission urges the North .
Carolina part-meinofTransportation and the Sate Tram nation hoard to approve a addition
of the Hat.•n County Interment it Logistics Center and intyllydal rail service to the'tare Rail Plan
including- ,ins oecesraay for infnstruecwc investments/to support new freight n intermodal •
tranaltsid sett/ in the Corridor.and /
HE IT FURTHER`. 'SOLVED,that the Barnett Count'Comni ion urges, North
Carolina Department a Transportation and the State Tiinsportaiio t Boa. 'approve the addition
of the access road Pro• Street)for the Harnett County lntermedal Lo_tics Center to be.
improved with State ecu• is development and other appropriate ha • meeting all state standards v
and to be added to the State •ighway System iutee improvements,I /tiling flashets and motes at
the highwayItail at-grade crags' g,are complete:
BE IT FURTHER RESOLVED. the Harnett C,iunly'Cn i ssson recognizes the
importance of highway-rail at-grade••easing safest•ondt e' eigh-Fuyertcvi0a corridor and
• connnits to Norfolk Southern and the .tilt Cambria i , ,..eau of'Trunsportation to make a best
effort Co study and support the Impmvepi t of at-L.ide . ings along the corridor.ineftrdutg the
elimination of redundant aodlor unsafe cn,, ' p,s arid d...kirk with all patties to set specific goals
for this effort:and
IT FURTHER RESOLVED,that the Roach Cg ty Commission urges the
Governor,the Legislature,the North Carolina li pa• sot of Transportation and the Stab;
Transportation Board to appoint the NCDOT' 1 Die'.'on as the primary Cunaui between Norfolk
Southern Railway Corpumtion and Hansen city-ht.. tillers lntermodal Logistics to insure a
seamless development of the Harnett Co .•y teittindal►,,. tics Centel and
BE IT FINALLY RESOLVED,that • Mere sal use of rail I the movement of
freight In the All America Defense acne[ County Rail Corri.ts will reduce ail pollution,
dependence on fossil fuels mid re ••e Waif conflicts with pa ant,r vehieler,that the ' •
Commission has previously sup•.nett pstainger alternatives ineladi v its participation in the ,
BRAC Regional Task Force' "ore"for vclopment orpnsscoger tat :_[vice along an improved •
Norfolk Southern direct mu from Fuyett ville to Raleigh.rind in the int ..t o(protecting and
promoting public health. •ety and welfare strongly petitions for the ikvel meat and promotion •
of rail freight to thither ghwayexpansi n construction through the deveto. ...tof the Human
County lntcrmodal L t sties Center.
Adopted this l7r' y of November,213ul_
f r HARNETT COUNTY BOARD OF C OMblISSIO ERS
•
Attest L. —. Toddy!_Byrd,Chairman
Ii• •S.Blaneherul . •
Clerk to the Board
Attachment 5
410 A RESOUL/110N AMENDING THE
ttARNEIT COUNTY ZONING ORDINANCE
WHEREAS,the Board of Commissioners of Harnett County adopted a Zoning.Ordinance on July
l N,1988 and dune 5.2900 for the porpoise of promoting the health,safety.and general welfare of
the county rear lcttts and
With:RE:AS,this ordinance was adopted under authority granted by the General Assembly of the
Start of North Carolina.particularly G.S.153E-34U;and •
W'I[NRLUS,the Zoning Orditrsaee contains peneisiona for amending said ordinance and those
previsions have been billowed:Deal
WHEREAS.the Hamm County Planning Board has reviewed the amendment to the rarlclefi otthir
Zoning Ordirtance.as fisted below and roeummendc the adoption of the following amendmcnL
NOW;THEREFORE BE CT RESOLVED BY THE BOARD OF COMMISSIONERS OF
l IARNETT COUNTY,NORTH CAROLINA that Article VI-Zoning Districts Ce Regulurios i", .
Section 11.0'Usc&Structure Regulations-of the Zoning Ordinance shall tie amended to read as
indlrued in"Attachment^.
-Attachment"is filed with the Zoning omit mncc in the Clerk to the Board's 011iee..
Duly adopted this 1911 day of November,2098 and effective upon adoption.
HAitN FAT COUNTY BOARD OF COM IeIISSIONERS
___
'teddy J.Byrd,.Chairman•
_�
ATTEST:
Kau S_Blanchard,Clerk to die Board
4110
926
Attachment 6
Commissioner McNeill moved that the following resolution(the "Resolution"),a copy of which
was available with the Board and which was rend by title:
RESOLUTION OF THE BOARD OF COMMISSIONERS OF 741E COUNTY OF HARNET1•,
NORTH C1ROLRNA, AUTHORIZING 711E NEGOTIATION OF AN INSTALL.NE.NT
PURCHASE CONTRACT,DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT
THERETO AND.PROVIDING FOR CERTAIN OINER RELATED M rrnois THERETO
W(IERE4S, the County is a validly existing political subdivision of the State of North Carolina
(the"Slate"),existing as such under and by virtue of the Constitution,statute's and laws of the State;
WHEREfS the County has the power pursuant to the General Statutes of North Carolina to
(1)parr-base real and personal property,(2)enter into installment purchase cantrects in order to finance 4110
the purchase of real and perscenal property used,or to he used,for public purposes,and(3)grant a security
interest in some or all of the property purchased to secure repayment of the purchase price;
JE7YERE-4S,the hoard determines that it is in the best interest dare County to enter into:
(a) an installment purchase contract (the "Conlrrnr-f•') with the Harnett
County Public Facilities Corporation,a North Carolina nonprofit corporation,in order to
pay the capital costs of the following(collectively,the "Prnpds"): (I)construction,
furnishing and equipping of a new Boone Trail Elementary School, (2)construction,
furnishing and equipping of a 24-classroom addition to Harnett Central High School,
(1)construction, furnishing and equipping of a J5-classroom addition to Johnsonville
Elementary School, (4) construction, Furnishing and equipping of a library and
(5)construction of a gymnasium at Highland Elementary School;and
(b) a deed of trust and security ac reentent(the `Deed rjTrurt•")minted to all or a
portion of the County's fix simple interest in the real property on which Harnett Central High
School and the new Boone Trail Elementary School will be relented(the"Sites"and collectively
with the improvements thereon,the"Mortgaged Property"); •
WHEREAS, the County hereby determines that the acquisition of the Projects is essential to the
County's proper,efficient and economic operation and to the general health and welfare of its irtirahlranss;
that the Projects will provide an essential use and will permit the County to carry out public functions that
it is authorized by law to perform;and that entering into the Contract and Deed of Trust is necessary and
expedient for the County by virtue of the findings presented herein;
WHEREAS,the County hereby determines that the Contract allows the County to purchase the
Projects and take title thereto at a favorable interest rate currently available in the financial marketplace
and on terms advantageous to the County;
WYERF_AS, the County hereby determines that the estimated coat of the acquisition of the
Projects is an amount not to exceed$45,000,000, and that such cost of the acquisition of the Projects
exceeds the amount that can be pnrdently raised from currently available appropriations,unappropriated
fund balances and nan•vNtted bonds that could be issued by the County in the current fiscal year pursuant •
to Article V,Section 4 of the Constitution of the State;
WHEREAS, although the cost of the acquisition of the Projects pursuant to the Contract is
expected to exceed the cost of the acquisition of the Projects pursuant to a hostel financing for the sante
undertaking,the County hereby determines that the cost of the acquisition of the Projects pursuant to the
Contract and Deed of Trust and the obligations of the County thereunder arc preferable to a general
obligation bond financing or revenue bond financing for several reasons,including but not limited to the
following:(1)the cost of a special election necessary to approve a general obligation bond financing,as
required by the laws of the State. would result in the expenditure of significant funds; (2) the time
required for a general obligation bond election would cause as unnecessary delay which would thereby
decrease the financial benefits of acquiring, constructing, improving and equipping the Projects; and
(3)insufficient revenues are produced by the Projects sons to permit a reveytne bond financing;
WHEREAS. the County has determined and hereby determines that the estimated cost of the
acquisition of the Projoas pursuant to the Contract reasonably compares with an estimate of similar cacti
under a bond financing for the same undertaking as a result of the findings delineated in the above
preambles;,
WHEREAS, the County does not anticipate a futon property lax increase to pay installment
payments falling due under tire Contract; •
WHEREAS,the sums to fall due under the Contract will he adequate but not excessive for its
proposed purpose;
WHEREAS, Parker Poe Adams&.Bernstein LI,P,as special counsel("Special•Courtier.), will
render an opinion to the effect that entering into the Contract and the transactions contemplated thereby-
are authorized by law
WHERE-tS, no deficiency judgment may he rendered against the County in any action for its
breach of the Convect,and the taxing power of the County is not and may not be pledged in any way
directly or Indirectly or contingently to secure any moneys due under the Contract;
WHEREAS,the County is not hi default under any of its debt service obligations; •
IVHERE4S, the County's budget process and Annual Budget Ordinance are in compliance with
the Local Government Budget and Fiscal Control Act,and external auditors have determined that the
County has conformed with generally accepted accounting.principles as applied In governmental units in
preparing its Annual Budget ordinance:
WHEREAS past audit reports of the Counry indicate that its debt management and contract
obligation payment policies have been carried ow in strict compliance with the law,and the County has
not been censured by the North Carolina Local Government Commission(the"LGC-"),external nuditors
or any ether regulatory agencies in connection with such debt management and contract obligation
payment policies;
WHEREAS,a public hearing on the Contract after publication of a notice with respect to such
public hearing must he held and approval of the LGC with respect to entering into the Contract mrct be
received;and
• 927
WHEREAS.the Country hereby determines that all findings,conclusions and determinations of the
County in this Resolution arc subject to modification or affirmation affix ail interested parties have been
attorded the opportunity to present their comments at a public hearing recording the execution and
delivery of the Contract,the Deed of Trust and the acquisition of the Projects to be financed thereby_
NOW, THEREFORE. BE IT RESOLVED BY THE natal OF COSLf1JSS1ONlfRS OF THE
COUNTY OF HARNETT NORTH al ROLM.AS FOLLOWS'_
Section 1_ Application to LGC. That the Finance Officer or her designee is hereby directed
to file with the ICC an application for its approval of the Contract and all relevant transactions
contemplated thereby on a form prescribed by the LGC and to state in such applit�tion such facts and to
• attach thereto such exhibits regarding the County and its financial condition as may be required by the
LGC.
Secticnn 2, Financing Team. That the financing team of Parket Poe Adams& Bernstein
• LIP, Charlotte, North Carolina. as special counsel, Wachovia Bank, National Association or its
suecesse-r,Charlotte,North Carolina,and one or more other frna rcixl institutions selected by the Finance
Officer,as underwriters,First-Citizens Bank&.Trust Company,Raleigh.North Carolina,as trustee,and
McCuireWaods LLP,Clutrlotte,North Carolina,as underwriters'counsel,is improved.
Section 3. Public Hearing. That a public hearing (the "Public Hearing") shall be
conducted by the Board on Dixember I,2008 at 4;00 a.m.in the County Commissioners`Meeting Room.
Harnett County Administration Building, 102 East Front Street,Lillington,North Carolina,concerning •
the Co ur ct, the Deed of Trim, the proposed acquisition of the Projects and any other transactions
contemplated therein and associated Eherrwith,
Section 4. Notice of Public.Heating. That the Clerk to the Board is hereby directed to
cause a notice of the Public Hearing,in the form attached hereto as Exhibit A,to be published once in a
qualified newspaper of general circulation within the County no fewer than 10 days prier to the Public
• Hearing.
Section 5. Repealer. That all motions, orders, resolutions and parts thereof in conflict
herewith are hereby repealed.
Section 6. Effective Dore. That this Resolution is effective cat the date of its adoption.
On motion of Commissioner McNeill,seconded by Commissioner Hill,the foregoing resolution
entitled"RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT.NORTH
CAROLLNA. AUTHORIZING THE NEGOTIATION OF AN INSTALLME-NT PURCHASE CONTRACT,
DIRECTL`IG THE PUBLICATION OF NOTICE WITH RESPECTTaE?RITO AND PROVIDING FOR CERTALV
OTHER RELATED MATTERS THERETO"was duly adopted by die following vote:
AYES: COt ictlSslr)NERS BYRD.HILL,ANDRREWS,MCNEILL AND HOUSE.
NAYS:NONE
• Attachment 7
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
COUNTY OF HARNETT,NORTH CAROLINA,SITTING AS VIE GOVERNING BODY OF THE SOUTH
CENTRAL WATER AND SEWER DISTRICT OF HA RNl7'I'COUNTY,PROVIDING FOR THE ISSUANCE OF
$9,753,000 GENERAL OIILICATION WATER AND SEWER BOND ANTICIPATION NOTES,SERIES 2008C',
OF THE SotrrH CENTRAL WATER AND SEWER DISTRICT OF HAR.NETT COUNTY
WHL-RE4S, the Bond Order hereinafter-described has taken effect approving the issuance of
S42,000,000 General Obligation Water and Sewer Bonds (the"Bonds-)of the South Central Water and
Sewer District of Harnett County(the"District");
WHEREAS.the Board of Commissioners(the "Board")of the County of Hamer,North Carolina
(the"Coroari').sitting as the governing body of the District,has determined that his in the District's best
interest to iscrta$9,7$3,00(l Ceaeml Obligation Water and Sewer Bond Anticipation Notes,Series 20(ISC
(the " ores)to discharge the District's obligations with respect to(I)the S6,753,000 General Obligation
•
Water and Sewer Bond Anticipation Notes issued on March 5,2008 and manning cn December 17,2008
and (2)the 53,000,000 General Obligatlfm Water and Sewer Bond Anticipation Notes, Series 2008B
issued on June 24,2008 and maturing on December 17,2008(the"Prior Notes");
WHEREAS, the Prior Notes were authorized under the Bond Order to finance renovation,
expansion and improvement to the wastewater collection system of the District for which the Bends were
approved as permitted by Section 159-161 of the General Statutes of North Carolina,as amended;
NOW, THIEREFOR& BE TI RESOLVED by the Board, sitting as the governing body of the
District,as follows:
I. For purposes of this Resolution,the following words will have the meanings ascribed to
them below,
"Bid fill-Notes" mutts the'Bid for Notes submitted to the Local Government Conunissiois of •
• North Carolina by the winning bidder selected to purchase the Notes
"Bond Order"means the Band Order authorizing the Bonds adopted by the Board,sitting as the
governing body of the District,on December 2,'2402 and effective an approval by a majority of the voters
who voted thereon al a special referendum duly called and held on February 4,2003_
"Prior Nixes"means(I)the$6,753,000 General Obligation Water and Setter Bond Anticipation
Notes issued on March 5,2008 and maturing on December 17,2008 and(2)the$3,t)0t),000 General
Obligation Water and Sewer Bond Anticipation Notes, Series 2008E issued on lone 24, 2008 and
maturing on December 17,2008,
"Notes"means the District`s$'9,75.3,000 General Obligation Wader and Sewer Bond Anticipation
Notes,Series 2008C,to be issued on December 16,2008.
2. The Dislike shall issue not to exceed.S9,753,000 in total aggregate principal amount of
its Notes.