Nash County Board of Commissioners

Transcription

1 Nash County Board of Commissioners Regular Board Meeting Feb 03, 2014 at 10:00 AM Claude Mayo, Jr. Administration Building 3rd Floor - Frederick B. Cooper Commissioners Room 120 West Washington Street Nashville, North Carolina

2 February 2014 Regular Meeting 1 - Call to Order 2 - Invocation 3 - Pledge of Allegiance 4 - Approval of Minutes Regular Meeting Minutes January 6, Public Comment 6 - Public Hearing - Conditional Use Permit Nancy Nixon, Planning Director Summary and Maps Public Hearing - UDO Text Amendments - Equipment Repair, Agricultural & Farm Machinery Nancy Nixon, Planning Director Summary Public Hearing - UDO Text Amendments - Variances Nancy Nixon, Planning Director Summary Public Hearing - CDBG Application Patsy McGhee, Assistant to the County Manager Summary Resolution Authorizing Submission of the CDBG Application

3 Patsy McGhee, Assistant to the County Manager Summary and Resolution Transfer of Lot to City of Rocky Mount for Nutkao Pretreatment Site Patsy McGhee, Assistant to County Manager Summary and Map Update of Authorized Agent for the Hazard Mitigation Plan Patsy McGhee, Assistant to the County Manager Summary and Documents Subdivision Waiver Request Nancy Nixon, Planning Director Summary and Maps Recess the Regular Meeting 15 - Call to Order the Central Nash Water and Sewer District 16 - Resolution Authorizing the Sale of General Obligation Water Bond Anticipation Notes for Phase IV Lynne Hobbs, Finance Director Summary and Resolution Adjourn the Central Nash Water and Sewer District 18 - Call Back to Order the Regular Meeting 19 - Request for Eastern Region "Reserved Funds" Lynne Hobbs, Finance Director

4 Summary Budget Amendments Lynne Hobbs, Finance Director Summary and Budget Amendments NC FAST Update Melvia Batts, Social Services Director Summary and Letters Board Appointments Rosemary M. Dorsey, Assistant County Manager Summary and Worksheet Monthly Tax Report Jim Wrenn, Tax Administrator Summary and Monthly Report Tax Refunds Jim Wrenn, Tax Administrator Summary Report for 2013 of Unpaid Taxes Jim Wrenn, Tax Administrator Summary Resolution Setting Sheriff Salary for 2014 Election Zee Lamb, County Manager Summary and Resolution Manager's Report Zee Lamb, County Manager 28 - Closed Session

5 Closed session as permitted by NCGS (a)(4) for the discussion of matters relating to economic development and the location or expansion of industries or other businesses in the County; and NCGS (a)(3) for the discussion of certain confidential matters, to consult with the attorney about matters subject to the attorney-client privilege; and NCGS (a)(5) to instruct the staff concerning the position to be taken by or on behalf of the board in negotiating the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease Recess the Meeting The meeting will stand in recess until Thursday, February 13, 2014 at 1:00 pm.

6 Nash County Commissioner s Agenda Information Sheet page 1 of 3 Date: February 3, 2014 attachments: 3 Item: Initiated By: Public hearing - Petition to consider approving a Conditional Use Permit #CU to establish an Agricultural Equipment & Farm Machinery Repair operation at 5232 Hopkins Road, Middlesex, NC in the A1 Agricultural Zoning District Nancy M. Nixon, Planning Director Action Proposed: Conduct a quasi-judicial public hearing and take action on the request. Notes: 1. This is not a rezoning, but a stand-alone Conditional Use Permit request. 2. In November 2013, the Board of Commissioners established Agricultural Equipment & Farm Machinery Repair as permitted in the A1 Agricultural Zoning District with the issuance of a Conditional Use Permit by the Nash County Board of Commissioners. At that time, the Planning Board had not recommended specific development standards for the new use, and this Board directed the staff to return with proposed development standards. Those standards are presented later on this agenda, but the current item was submitted prior to standards being adopted, so it is not subject to those proposed standards. Instead, it is to be evaluated based on the four general tests required for all Conditional Use Permit applications, which are detailed later in this report. Applicant/Prop Owner: Michael Lehne Zoning District: A1 (Agricultural) Proposed Land Use: Equipment Repair, Agricultural & Farm Machinery Lot Size: Approximately 1.52 Acres Physical Address: 5232 Hopkins Road, Middlesex, NC Tax Parcel ID #(s): LDP Classification: Suburban Growth Area This petition submitted by Michael Lehne is a request for a Conditional Use Permit (CU ) to establish an Agricultural Equipment & Farm Machinery Repair operation at 5232 Hopkins Road, Middlesex, NC in the A1 Agricultural Zoning District on the approximately 1.52 acre tract listed in his ownership and further identified as Lot 17 of the Hopkins Crossing Subdivision and Nash County Tax Parcel ID # Agricultural Equipment & Farm Machinery Repair is a permitted land use in the A1 Agricultural Zoning District with the issuance of a Conditional Use Permit by the Nash County Board of Commissioners. The subject site includes an existing farm shop with septic system that would need to be permitted and approved as a commercial building in order to be utilized for the proposed operation. There are no outdoor storage or work areas proposed or designated on the submitted site plan. The site plan notes that an existing roll-up door to the rear of the property is to be closed off and not used, as it affects the Incompatible Land Uses 32 of 102

7 provisions of the UDO. The property is not located in a regulated floodplain or a protected watershed area and it does not include any streams that would be subject to buffer requirements. The subject site is located in a large A1 Agricultural Zoning District north of the Town of Middlesex. It is located approximately 1200 feet southeast of the property at 4934 Hopkins Road which is zoned Rural Commercial Conditional Use (File # CU-9941) in 1994 in order to permit the expansion of a previously nonconforming motorcycle sales and repair business. An existing residential subdivision lies immediately adjacent to three sides of the subject tract, and a residence across Hopkins Road.. The 2006 Nash County Land Development Plan (LDP) designates the subject tract as Suburban Growth Area as it does the majority of Nash County's planning jurisdiction. According to the LDP, "the Suburban Growth land use designation defines those areas of the County where significant residential growth is expected to occur within the 10- year planning horizon." It also states that Development within the Suburban Growth Areas should be limited to only those types of land uses that can be accommodated by services typical in non-urban areas, e.g. private onsite water supply (or public water, as available) and on-site septic systems. The Nash County Unified Development Ordinance (UDO) Article XI: Section (B) Incompatible Uses requires a minimum 100 foot separation between an industrial/ commercial land use (including the principal building, accessory buildings, outdoor use areas or parking and loading areas) and an adjacent lot used or zoned for residential use. This distance may be reduced with visual screening buffers. Since the building is less than 100 feet from the rear lot line, the applicant has opted to close off the roll-up door on that side, thus making the rear of the building a solid wall and using that as the required measure to meet the UDO requirement. Conditional Use Permit Requirements (UDO Article IV, Section 4-7): The Board of Commissioners reviews the request to determine its adherence to the following general standards and identifies findings to support the conclusion. In approving a Conditional Use Permit, the ordinance requires the Board of Commissioners to conclude that the proposed development: (1) Will not materially endanger the public health or safety; (2) Will not substantially injure the value of adjoining or abutting property; (3) Will be in harmony with the area in which it is to be located; and (4) Will be in general conformity with the land development plan or other plans officially adopted by the Board of Commissioners. If the Board of Commissioners concludes that the proposed development will not comply with the above criteria, it may deny the permit or attach to the permit any reasonable requirements in addition to those specified by the ordinance that will ensure its compliance. 33 of 102

8 TRC Recommendation: The Nash County Technical Review Committee (TRC) considered Conditional Use Permit Request CU on January 3, 2014 and recommended Denial, on the basis that the operation is too close to the existing single family lots (not in harmony with the area and not conforming to the Land Development Plan) and is not located at a major intersection (not conforming to the Land Development Plan). However, TRC also suggested recommendations to be considered should the conditional use permit request be recommended for approval, which were considered by the Planning Board and contained in that recommendation. Planning Board Recommendation: The Nash County Planning Board reviewed this request at their January 21, 2014 meeting, unanimously recommended APPROVAL of Conditional Use Permit Request CU to the Nash County Board of Commissioners, subject to the following suggested conditions: 1) The property shall be developed in accordance with the submitted and approved site plan as well as in compliance with all other applicable development regulations; AND 2) There shall be no outdoor storage or work areas unless and until they are designated on an amended and approved site plan; AND 3) The existing rear roll-up door on the structure shall be permanently welded shut and all repair or storage activity shall be restricted to the interior of the building unless and until outdoor storage or work areas are designated on an amended and approved site plan; AND 4) This Conditional Use Permit is issued subject to the approval and issuance of the following additional permits and documents, as applicable: Nash County Zoning Permit, Nash County Environmental Health Certificate of Compliance, Nash County Commercial Building Approval The Planning Board also required the applicant to revise and resubmit the site plan to show required parking and driveway locations, which are shown on the attached site plan. Suggested Findings for Compliance with 4 Conditional Use Permit Tests in (UDO Article IV, Section 4-7): Compliance (Approval of Request) (1) Will not materially endanger the public health or safety; (2) Will not substantially injure the value of adjoining or abutting property; (3) Will be in harmony with the area in which it is to be located; i.a nonresidential (motorcycle repair) facility is permitted less than ¼ mile away on Hopkins Road, and ii.the requested land use can utilize an existing building on the site (4) Will be in general conformity with the land development plan or other plans officially adopted by the Board of Commissioners 34 of 102

9 i. In accordance with the LDP, the requested land use can be accommodated by services typical in non-urban areas, e.g. private onsite water supply (or public water, as available) and on-site septic systems. ii.the site has frontage on and access to a state-maintained secondary road, and is located in proximity to a similar nonresidential use. Suggested Motion: I move that the Nash County Board of Commissioners APPROVE or DENY (choose one) of the Conditional Use Permit Request CU made by Michael Lehne as recommended for APPROVAL by the Nash County Planning Board (unanimous) and presented by staff for the establishment of an Agricultural Equipment & Farm Machinery Repair operation at 5232 Hopkins Road, Middlesex, NC in the A1 Agricultural Zoning District on the property further described as Nash County Tax Parcel ID # , subject to the suggested conditions included in the Planning Board s recommendation. 35 of 102

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13 Nash County Commissioner s Agenda Information Sheet page 1 of 3 Date: February 3, 2014 attachments: 1 Item: Initiated By: Action Proposed: Public hearing - Petition to consider approving a text amendment to the Nash County Unified Development Ordinance Article XI: Development Standards, Section a to establish development standards for a Conditional Use Permit in A-1 districts for "Equipment Repair, Agricultural & Farm Machinery" (A ) Nancy M. Nixon, Planning Director Conduct a public hearing and take action on the request. Proposal summary: This text amendment to the Nash County Unified Development Ordinance (UDO), Article XI: Development Standards, Section a seeks to establish development standards for the land use "Equipment Repair, Agricultural & Farm Machinery" to be applicable in the A1 Agricultural Zoning District and to serve as criteria for the issuance of the required Conditional Use Permit. In November 2013, "Equipment Repair, Agricultural & Farm Machinery" was added to the list of permitted uses in the A1 Agricultural Zoning District with a Conditional Use Permit. At that time, the Board of Commissioners instructed the Planning Staff to recommend appropriate development standards to be considered for adoption. Currently, Agricultural Equipment and Farm Machinery Repair operations are subject to the development standards that apply to all land uses in the county's planning jurisdiction. They include the standard minimum building setbacks, which in the A1 Agricultural Zoning District would be 50 feet from the front property line, 15 feet from a side property line, 30 feet from a rear property line and 25 feet from a corner side property line. The ordinance also requires an "Incompatible Land Use Buffer" of 100 feet between an industrial or commercial land use (including the principal building, accessory buildings, outdoor use areas or parking and loading areas) and a lot used for residential purposes or zoned for residential use. This separation distance may be reduced through the installation of appropriate visual screening measures such as planted buffers or opaque fences per the ordinance requirements. The Planning Staff based the proposed text amendment on three primary concerns surrounding the operation of Agricultural Equipment and Farm Machinery Repair businesses, including: 1) potential proximity to existing residential development; 2) potential noise generated by the operation; and 3) the potential creation of unsightly outdoor storage and work areas. For additional reference, a sampling of typical development standards from the Nash County UDO is attached. 39 of 102

14 Proposed Amendment (A ): Nash County UDO Article XI: Section 11-4: Development Standards for Individual Uses a Equipment Repair, Agricultural & Farm Machinery (A) Where Required A-1 district. (B) Property Separation All structures, buildings and outdoor storage or work areas used for the operation shall be a minimum of 150 feet from a residentially used or zoned lot. (C) Operation No outdoor disassembly or salvaging shall be permitted. Analysis: Item (A) "Where Required" specifies that the proposed development standards would only be applicable in the A1 Agricultural Zoning District. Item (B) "Property Separation" is modeled after the separation distance required between the land use "Wood Products, Logging" (UDO Section ) and a residentially used or zoned lot. This land use was determined to be similar to "Equipment Repair, Agricultural & Farm Machinery" because they are both nonresidential and nonagricultural land uses permitted in the A1 Agricultural Zoning District that involve noise as a primary potential nuisance concern. Item (C) "Operation" is copied from the development standards previously established for the land use "Automobile Repair Services" (UDO Section ). Consistency with the 2006 Nash County Land Development Plan: The proposed text amendment is consistent with the 2006 Nash County Land Development Plan because it seeks to balance the need for agricultural support services in the A1 Agricultural Zoning District with the needs and desires of residents and homeowners living in the same area. TRC Recommendation: The Nash County Technical Review Committee (TRC) considered this proposed UDO text amendment on December 4, 2013 and recommended APPROVAL. Planning Board Recommendation: The Nash County Planning Board reviewed the proposed text amendment at their January 21, 2014 meeting and unanimously recommended APPROVAL. Suggested Motions: In accordance with North Carolina state law, prior to adopting or rejecting any text amendment the Board of Commissioners shall adopt a statement describing whether the proposed action is consistent with an adopted comprehensive plan and explaining 40 of 102

15 why the Board considers the action taken to be reasonable and in the public interest. For this reason, the staff has drafted suggested motions for recommendation of both approval and denial of the text amendment: Motion #1 - Adopt Consistency Statement: I move that the Nash County Board of Commissioners adopt Consistency Statement "A" or "B" (choose one) related to the requested text amendment. Consistency Statement "A" (FOR APPROVAL): The requested/revised UDO text amendment is: 1) Reasonable and in the public interest; and 2) Consistent with the 2006 Nash County Land Development Plan because it seeks to balance the need for agricultural support services in the A1 Agricultural Zoning District with the needs and desires of residents and homeowners living in the same area. 3) Not spot zoning because the A-1 District allows a variety of nonresidential uses, and the amendment provides a guide for evaluating compatibility with surrounding land uses throughout the A-1 district. --- OR --- Consistency Statement "B" (FOR DENIAL): The requested UDO text amendment is not reasonable and/or not in the public interest and/or not consistent with the 2006 Nash County Land Development Plan and/or is spot zoning due to the following reasons: (List Reasons): Motion #2 - Recommend Approval or Denial of the Requested Text Amendment: I move that the Nash County Board of Commissioners APPROVE or DENY (choose one) the text amendment to the Nash County Unified Development Ordinance, Article XI: Development Standards, Section a, as recommended for APPROVAL by the Planning Board and presented by staff to establish development standards for the land use "Equipment Repair, Agricultural & Farm Machinery." 41 of 102

16 EXCERPTS FROM UDO ARTICLE XI DEVELOPMENT STANDARDS 11-4 DEVELOPMENT STANDARDS FOR INDIVIDUAL USES Automobile Repair Services (A) (B) (C) (D) (E) Where Required RC district. Maximum Built-Upon Area Outdoor storage areas and all other built-upon areas shall not exceed 24 percent. Operation No outdoor disassembly or salvaging shall be permitted. Screening Any outdoor storage area must be screened with a 6-foot high opaque fence in addition to any landscaping or screening required by Section Dust All unpaved storage areas shall be maintained in a manner so as to limit dust from leaving the storage area Farm Product Warehousing and Storage (A) (B) (C) (D) Where Required A-1 and RC districts. Use Separation All structures, buildings or enclosed areas used for the operation shall be a minimum of 100 feet from all property lines. Noise Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence. Dust All unpaved storage areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties Solid Waste Disposal (Non-hazardous) (A) (B) (C) (D) Where Required Sanitary Landfill Facilities: A-1 and GI districts. Collection Sites, Convenience Centers, and Transfer Sites: A-1, R-40, R-30, and GI districts. Use Separation All structures, buildings, and landfilling operations shall be a minimum of 300 feet from a residentially used lot. Noise Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence. Access 42 of 102

17 (E) (F) (G) (1) Access to the facility shall be by way of a collector or higher classified road. (2) Entrances shall be controlled to prevent unregulated access to the facility. (3) Access roads leading to any part of the facility shall be constructed with a gravel or crushed stone surface and maintained in a dust-free manner. (4) No part of access roads shall be located closer than 15 feet to an external property line other than a limited access highway or railroad right-of-way line. (5) A truck route plan shall be submitted showing truck routes to and from the facility. Such routes shall be designed to minimize impacts on residential areas, schools, or other uses which will be negatively affected by truck traffic. Minimum Area (1) A minimum of 50 acres shall be required to establish a sanitary landfill facility. (2) All other types of solid waste disposal facilities such as collection sites, convenience centers, and transfer sites shall have sufficient land area to adequately accommodate the facility's operations and to sufficiently separate the facility from adjoining land uses. Siting and Design The siting and design of the facility shall comply with the applicable requirements of the NC Solid Waste Management Rules. Operation The operation of the facility shall be in compliance with the State of North Carolina's operation, maintenance, and monitoring regulations for solid waste disposal facilities Utility Related Appurtenances, Substations (A) (B) (C) (D) (E) (F) Where Required All zoning districts. Dimensional Requirements All buildings shall be considered accessory buildings or structures. Noise Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence. Security Fencing Security fencing, a minimum of 6 feet in height, shall be provided around hazardous operations, as determined by Nash County, involved with the use. Screening Any outdoor storage area shall be screened from an abutting residentially used or zoned lot by a buffer yard which complies with the requirements of Section (B). Dust All unpaved outdoor use areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties Wood Products, Logging 43 of 102

18 (A) Where Required A-1 district. (B) Property Separation All structures, buildings or outdoor areas used for the operation shall be a minimum of 150 feet from a residentially used or zoned lot. (C) Noise Equipment-producing noise or sound in excess of 70 decibels shall be located no closer than 100 feet to the nearest residence. (D) Dust All unpaved storage areas shall be maintained in a manner which prevents dust from adversely impacting adjacent properties. (E) Access A truck route plan shall be submitted showing routes to and from the site. Such routes shall be designed to minimize impacts on residential areas, schools or other land uses which would be negatively impacted by truck traffic. 44 of 102

19 Nash County Commissioner s Agenda Information Sheet page 1 of 3 Date: February 3, 2014 attachments: 1 Item: Initiated By: Action Proposed: Public hearing to consider approving a text amendment to the Nash County UDO Article VII, Section Variances - General to comply with changes made by the North Carolina General Assembly in Session Law (House Bill 276) which were effective on October 1, 2013 (A ) Nancy M. Nixon, Planning Director Conduct a public hearing and take action on the request. Proposal summary: The purpose of this text amendment to the Nash County Unified Development Ordinance (UDO), Article VII, Section is to revise the Variance Standards to comply with changes made by the North Carolina General Assembly in Session Law (House Bill 276) which were effective on October 1, A variance serves as official permission to depart from the requirements of the Unified Development Ordinance (UDO Article II, Section ). This amendment makes the following changes: 1. Removing the requirement that a variance may not be granted unless an applicant "can make no reasonable use of his property" without it. 2. Clarifies that an applicant may still qualify for a variance even if he/she purchased the subject property knowing that it may have limitations that could warrant a variance in the future. This is not to be considered a "self-created hardship." 3. Reinforces that conditions may be imposed on a variance, that a variance must result from a unique limitation of the land and that use variances are not allowed. The granting of a variance still requires the concurring vote of four-fifths of the Board of Adjustment. Consistency with the 2006 Nash County Land Development Plan: The proposed text amendment is consistent with the 2006 Nash County Land Development Plan because it brings the Nash County Unified Development Ordinance into compliance with the most recent state regulations. Proposed Amendment (A ): Nash County Unified Development Ordinance Article VII: Appeals, Variances, Interpretations Section 7-2: Variances General 45 of 102

20 (A) An application for a variance (except for variances from the Watershed District Overlay requirements) along with the required filing fee shall be submitted to the Board of Adjustment by filing a copy of the application with the Zoning Administrator. Applications for a variance from the Watershed District Overlay requirements along with the required filing fee shall be submitted to the Planning Board by filing a copy of the application with the Zoning Administrator. (B) When unnecessary hardships would result from carrying out the strict letter of this Ordinance, the Board of Adjustment shall vary any of the provisions of the Ordinance upon a showing of all of the following: (1) Unnecessary hardship would result from the strict application of the Ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property; (2) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance; (3) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a selfcreated hardship; (4) The requested variance is consistent with the spirit, purpose, and intent of the Ordinance, such that public safety is secured, and substantial justice is achieved; and (5) The variance will neither result in the extension of a nonconforming situation in violation of Article VI nor authorize the initiation of a nonconforming use of land. (C) Appropriate conditions may be imposed on any variance, provided that the conditions are reasonably related to the variance. (D) A variance may be issued for an indefinite duration or for a specified duration only. Unless otherwise specified, any order or decision of the Board of Adjustment granting a variance shall expire if the applicant does not obtain a building permit or certificate of occupancy for such use within 60 days from the date of the decision or if construction of the use has not commenced within 180 days from the date of the issuance of a building permit. (E) The nature of the variance and any conditions attached to it shall be entered on the face of the zoning permit, or the zoning permit may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are enforceable in the same manner as any other applicable requirement of this Ordinance. (F) No change in permitted uses may be authorized by variance. Use variances are specifically prohibited. TRC Recommendation: The Nash County Technical Review Committee (TRC) considered this proposed UDO text amendment on December 4, 2013 and recommended APPROVAL. Planning Board Recommendation: 46 of 102

21 The Nash County Planning Board considered this proposed UDO text amendment on January 21, 2014 and unanimously recommended APPROVAL. Suggested Motions: In accordance with North Carolina state law, prior to adopting or rejecting any text amendment the Board of Commissioners shall adopt a statement describing whether the proposed action is consistent with an adopted comprehensive plan and explaining why the board considers the action taken to be reasonable and in the public interest. For this reason, the staff has drafted suggested motions for recommendation of both approval and denial of the text amendment: Motion #1 - Adopt Consistency Statement: I move that the Nash County Board of Commissioners adopt Consistency Statement "A" or "B" (choose one) related to the requested text amendment: Consistency Statement "A" (FOR APPROVAL): The requested text amendment is REASONABLE and IN THE PUBLIC INTEREST and CONSISTENT WITH THE 2006 NASH COUNTY LAND DEVELOPMENT PLAN because it brings the Nash County Unified Development Ordinance into compliance with the most recent state law. --- OR --- Consistency Statement "B" (FOR DENIAL): The requested text amendment is NOT REASONABLE and/or NOT IN THE PUBLIC INTEREST and/or NOT CONSISTENT WITH THE 2006 NASH COUNTY LAND DEVELOPMENT PLAN due to the following reasons: (List Reasons): Motion #2 - Recommend Approval or Denial of the Requested Text Amendment: I move that the Nash County Board of Commissioners APPROVE or DENY (choose one) the text amendment to the Nash County Unified Development Ordinance, Article VII, Section 7-2.1, as recommended for APPROVAL by the Planning Board and presented by staff to revise the Variance Standards to comply with changes made by the North Carolina General Assembly in Session Law (House Bill 276). 47 of 102

22 CURRENT ORDINANCE LANGUAGE (Jan 2014): UDO Article VII: Appeals, Variances, Interpretations Section 7-2: Variances General (A) An application for a variance (except for variances from the Watershed District Overlay requirements) along with the required filing fee shall be submitted to the Board of Adjustment by filing a copy of the application with the Zoning Administrator. Applications for a variance from the Watershed District Overlay requirements along with the required filing fee shall be submitted to the Planning Board by filing a copy of the application with the Zoning Administrator. (B) A variance may be granted by the Board of Adjustment if it concludes that strict enforcement of this Ordinance would result in practical difficulties or unnecessary hardships for the applicant and that, by granting the variance, the spirit of this Ordinance will be observed, public safety and welfare secured, and substantial justice done. It may reach these conclusions if it finds that: (1) If the applicant complies strictly with the provisions of the ordinance, he can make no reasonable use of his property; (2) The hardship of which the applicant complains is one suffered by the applicant rather than by neighbors or the general public; (3) The hardship relates to the applicant's land, rather than personal circumstances; (4) The hardship is unique, or nearly so, rather than one shared by many surrounding properties; (5) The hardship is not the result of the applicant's own actions; and (6) The variance will neither result in the extension of a nonconforming situation in violation of Article VI nor authorize the initiation of a nonconforming use of land. (C) In granting variances, the Board of Adjustment may impose such reasonable conditions as will ensure that the use of the property to which the variance applies will be as compatible as practicable with the surrounding properties. Conditions shall relate to the need for a variance or for ordinance compliance. (D) A variance may be issued for an indefinite duration or for a specified duration only. Unless otherwise specified, any order or decision of the Board of Adjustment granting a variance shall expire if the applicant does not obtain a building permit or certificate of occupancy for such use within 60 days from the date of the decision or if construction of the use has not commenced within 180 days from the date of the issuance of a building permit. (E) The nature of the variance and any conditions attached to it shall be entered on the face of the zoning permit, or the zoning permit may simply note the issuance of the variance and refer to the written record of the variance for further information. All such conditions are enforceable in the same manner as any other applicable requirement of this Ordinance. (F) Use variances are specifically prohibited. 48 of 102

23 Nash County Commissioner s Agenda Information Sheet Page 1 of 1 Date: Monday, February 3, 2014 Attachments: Yes Item: Initiated By: Public Hearing CDBG Application - Nutkao Patsy McGhee, M.R.P., Assistant to the County Manager Action Proposed: Conduct a Public Hearing Description: Nash County plans to apply to the North Carolina Department of Commerce for a Community Development Block Grant (CDBG) for economic development. The application will request up to $750,000 in CDBG Building Reuse funds to assist in the renovation of the Whitaker Shell Building at 7008 NC 48 near Battleboro. This proposed project will represent approximately $7.3 million of investment in Nash County in the next three years by Nutkao USA, Inc., which is opening a facility for the production of nutbased spreads, creams and fillings. Renovations to the facility will exceed $5.6 million and will result in the renovation of a shell building into a manufacturing facility. As a result of the project, 47 new jobs will be created within 24 months with at least 60% benefitting persons of low and moderate income, as required by CDBG funding. This is the final public hearing that is required before we submit the CDBG application. The new building owner, MidAtlantic Warehouse & Storage, VIII, LLC, has procured Hartigan Management to coordinate this CDBG application and will pay all consulting costs associated with application preparation, environmental review and project administration. Of course, Nash County will provide Hartigan Management with support and, as grant recipient, will be the responsible party for grant activities. Recommended Action: We recommend that the Board hold a public hearing. 49 of 102

24 Nash County Commissioner s Agenda Information Sheet Page 1 of 1 Date: Monday, February 3, 2014 Attachment: Yes Item: Initiated By: Resolution In Support of CDBG Funding for Nutkao Patsy McGhee, M.R.P., Assistant to the County Manager Action Proposed: Adopt Resolution to Authorize Submission Description: Nutkao USA has committed to create jobs required to support a Community Development Block Grant (CDBG) funding application. The attached resolution would authorize Nash County to submit the grant application and allow the County Manager to sign related documents. Recommended Action: We recommend that the Board adopt the Resolution. 50 of 102

25 Resolution In Support of Nash County Application for Community Development Block Grant Funding for the Nutkao USA Project WHEREAS, the Board of Commissioners has previously indicated its desire to assist in economic development efforts within the County; and, WHEREAS, Nutkao USA has committed to create 47 jobs within two years, the minimum requirement for Nash County to apply for the maximum economic development grant of $750,000 in the Community Development Block Grant Building Reuse category; and, WHEREAS, the Board of Commissioners has held two public hearings concerning the proposed application for a Community Development Block Grant to benefit Nutkao USA; and, WHEREAS, the Board of Commissioners wishes the County to pursue a formal application for a Community Development Block Grant to benefit Nutkao USA; and, WHEREAS, the Board of Commissioners certifies it will meet all federal regulatory and statutory requirements of the Small Cities Community Development Block Grant Program, NOW, THEREFORE BE IT RESOLVED, by the Nash County Board of Commissioners that Nash County is authorized to submit a formal application to the North Carolina Department of Commerce for approval of a Community Development Block Grant for Building Reuse to benefit Nutkao USA, and that Zee B. Lamb, County Manager, is authorized to sign on the County's behalf those documents that are necessary for the submittal of that grant application. Adopted this the 3 rd day of February NASH COUNTY BOARD OF COMMISSIONERS ATTEST: By: Fred Belfield, Jr., Chairman Janice Evans, Clerk to the Board (OFFICIAL SEAL) 51 of 102

26 Nash County Commissioner s Agenda Information Sheet Page 1 of 1 Date: Monday, February 3, 2014 Attachment: Yes Item: Initiated By: Action Proposed: Transfer of Lot to the City of Rocky Mount for Nutkao Pretreatment Site Patsy McGhee, M.R.P., Assistant to the County Manager Approve Transfer of Property to the City of Rocky Mount Description: Golden LEAF awarded the City of Rocky Mount grant funds ($355,000) to construct a wastewater pre-treatment facility that will serve Nutkao and will have the capacity to serve or be readily expandable to serve other users. The City of Rocky Mount will serve the site with sewer and is therefore required by Golden LEAF to own the pre-treatment facility. The Nash County Planning Department and other staff have worked with the City of Rocky Mount, MidAtlantic Warehouse & Storage, LLC, and Carolinas Gateway Partnership to design a lot that meets all needs. Rocky Mount requires a 100 x 150 special use lot for utilities and Nash County has already recorded the exempt subdivision map. (See attachment.) The County Attorney is preparing a deed to divide this wastewater pre-treatment lot from the original 15-acre tract, transferring it from current ownership by Nash County to future ownership by the City of Rocky Mount, subject to the successful upfitting and opening of the Nutkao facility. Recommended Action: We recommend that the Board approve the transfer of property for the wastewater pretreatment facility lot, subject to the successful upfitting and opening of the Nutkao facility. Attachment: Subdivision Plat 52 of 102

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32 Nash County Commissioner s Agenda Information Sheet page 1 of 3 Date: February 3, 2014 attachments: 3 Item: Initiated By: Request for a Waiver of the UDO Subdivision Standards requiring (1) construction of a private road and (2) a connection to adjacent property, with regard to a plat to relocate private rights-of-way at Sheltie Drive and Copper Kettle Drive on the north side of East NC 97, being property of Mavis H. Godwin Heirs Nancy M. Nixon, Planning Director Action Proposed: Take action on the request (no public hearing required) UDO Sections: Article X, Section (E) "Required Improvements" and Section (C) (a) "Access to Adjoining Property". Also, Article X, Section 10-8 "Waivers" (see attached detail) Zoning District: RA-40 (Single Family Residential) Location: North side of East NC Highway 97, west of Minnie Trail Tax Parcel ID #(s): , , , & LDP Classification: Suburban Growth Area & Surface Water Protection Area CASE SUMMARY: James G. Strickland Land Surveying, P.A. has submitted a request to the Nash County Board of Commissioners on behalf of the Mavis H. Godwin Heirs for a waiver of the subdivision standards of the Nash County Unified Development Ordinance (UDO) Article X, Section (E) "Required Improvements" and Section (C) (a) "Access to Adjoining Property" with regard to a proposed Recombination Plat submitted for review to the Nash County Planning Department (see attachment). The property owners request a waiver of these subdivision standards in accordance with UDO Article X, Section 10-8 "Waivers" on the grounds that the proposed reconfiguration would result in "equal or better performance in furtherance of the purposes of the Ordinance" because the new design preserves the current access conditions for the existing lots, and does not create new additional, developable lots. The property owners are seeking to expand the existing Lots 1-4, which requires closing a portion of the existing private right-of-way Sheltie Drive and relocating the existing private right-of-way Copper Kettle Run Road southward toward E NC 97 and reestablishing it at a new location. No new lots would be created. Relocating the right of way triggers the requirement to construct improvements, and eliminates the potential connection to Minnie Trail as a second entry/exit point for both subdivisions. The original lots and both private rights of way were established by subdivision plat in 1981, at which time Nash County did not require construction of the 58 of 102

33 roads within the private rights of way. Neither Sheltie Drive nor Copper Kettle Run Road are currently constructed, and access to the four existing lots is provided by a recorded easement from E NC 97. The property owners are requesting a waiver of this subdivision standard because the requirement to construct the private roads was not in effect in 1981 when the rights-of-way were established and the engineering and construction costs required to satisfy the current standards are not economically feasible for a proposal that does not result in additional, developable lots. Relocating the unconstructed private right-of-way at the new location provides equal performance. Additionally, the UDO requires connectivity to adjacent ROWs if such connectivity is determined to be needed. The existing configuration provides such a potential connection if Copper Kettle Run Drive were constructed in the future, and relocating it as proposed severs that future connection. The property owners are requesting a waiver to remove the existing connection because this potential road connection was never constructed and "Minnie Trail" currently exists as a closed cul-de-sac. Since alternate access/egress is not provided now and is not required to be constructed, closing the connection provides equal performance. TRC Recommendation: The Nash County Technical Review Committee (TRC) considered the Subdivision Waiver Request on January 3, 2014, and recommended approval after determining that the request is reasonable for the following reasons: 1) The requested waiver would not create any new, developable residential lots beyond the four existing lots that are to be expanded; 2) The requested waiver would preserve the current access conditions of the four existing lots - meaning that they would continue to be served by recorded but unconstructed private rights-of-way as well as 18 foot to 20 foot wide access easements; 3) The potential connectivity between "Copper Kettle Run Road" and "Minnie Trail" was never realized or constructed and "Minnie Trail" is currently a closed cul-de-sac; 4) Waiving the construction requirement for the private rights-of-way would provide flexibility for the development of a more comprehensive plan in the future to subdivide the front portion of this property; and 5) This is a unique, nonconforming development situation that would not occur under the subdivision regulations currently in place and this proposal is a 59 of 102

34 reasonable compromise to satisfy the desire of the property owners as well as the intent of the ordinance. Planning Board Recommendation: The Nash County Planning Board reviewed the request at its scheduled meeting on January 21, 2014 and unanimously recommended approval, SUBJECT TO THE FOLLOWING SUGGESTED CONDITIONS: 1) The property owners shall submit a Right-of-Way Abandonment and Relocation Agreement prepared by an attorney and signed by all heirs and affected property owners to be reviewed by the Nash County Attorney prior to its recordation in the Nash County Register of Deeds along with the Recombination Plat. 2) A Note should be added to the plat requiring that, prior to the future construction of the private rights-of-way, all road plans and designs must be reviewed and approved by the North Carolina Department of Transportation and the property owners shall establish a Homeowners Association at that time to provide for post-construction road maintenance. Suggested Motion: I move that the Nash County Board of Commissioners APPROVE or DENY (choose one) the requested waiver of the subdivision standards of the Nash County Unified Development Ordinance (UDO) Article X, Section (E) "Required Improvements" and Section (C) (a) "Access to Adjoining Property" with regard to the Subdivision Plat for the property of Mavis Godwin Heirs located on the north side of E NC Highway 97 on the grounds that the waiver will "result in equal or better performance in the furtherance of the purposes of the Ordinance", subject to conditions as recommended by the Planning Board. 60 of 102

35 NASH COUNTY UDO REQUIREMENTS - DETAIL Godwin Heirs Subdivision Waiver Request February UDO Article X, Section (E) "Required Improvements" states that: "No final plat shall be approved until all required improvements have been installed and approved or appropriate surety has been provided as set forth in Section 10-6." This provision would require the construction of the newly reconfigured "Sheltie Drive" and "Copper Kettle Run Road" private rights-of-way (ROW) prior to the approval and recordation of the proposed plat in accordance with the Private Road Design Criteria found in UDO Article X, Section (G) (2): "The minimum design standards for all private roads will be equivalent to the minimum NCDOT Construction Standards except that private roads serving not more than 10 lots may be stabilized with a minimum of four inches of crush and run in lieu of paving." 2. UDO Article X, Section (C) (a) "Access to Adjoining Property" states that: "A proposed road shall be extended to an adjacent property, or a connecting road shall be provided to the adjacent property, whenever the Planning Board, in the case of regular subdivisions, and the Subdivision Administrator, in the case of minor subdivisions, determines that such extension or connection is deemed desirable to the development of a local road network serving the general area." Presumably, the current connection of the existing "Copper Kettle Run Road" private right-of-way to the adjacent "Minnie Trail" public right-of-way was required by Nash County with the establishment of the Minnie Acres Subdivision to the east of the subject tracts. The relocation of the "Copper Kettle Run Road" private right-of-way required in order to expand Lots 1-4 to the southeast would sever this potential connectivity. Since the private ROW connects to the public ROW to Minnie Trail now, the waiver is required to sever the connection. No public ROW would be removed. 3. Article X, Section (B) "Grounds for Waivers" states that: The Board of Commissioners may waive standards in this Article under one of the following circumstances: (B) Equal or Better Performance Where in its opinion a waiver will result in equal or better performance in furtherance of the purposes of this Ordinance. 61 of 102

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38 Nash County Commissioner s Agenda Information Sheet page 1 of 1 Date: Monday, February 3, 2014 attachments: y Item: Initiated By: Action Proposed: Resolution Providing for the Sale and Issuance of $4,766,000 General Obligation Water Bond Anticipation Notes Lynne Hobbs, Finance Officer Approve Request Description: The Board of Central Nash Water and Sewer District is asked to approve this Resolution Providing for the Sale and Issuance of $4,766,000 General Obligation Water Bond Anticipation Notes. These notes represent Phase IV and the final phase of the initial order for Water Bonds approved by vote of District voters on December 11, of 102

39 The Board of Commissioners for the County of Nash, North Carolina, in its capacity as the governing body of the Central Nash Water and Sewer District of Nash County, met in a regular meeting in the Nash County Office Building in Nashville, North Carolina, the regular place of meeting, at 10:00 a.m. on February 3, Present: Chairman Fred Belfield, Jr., presiding, and Commissioners Absent: Commissioners Also present: * * * * * * Lynne Hobbs, Finance Officer, introduced the following resolution the title of which was read and copies of which had been previously distributed to each Commissioner: RESOLUTION PROVIDING FOR THE SALE AND ISSUANCE OF $4,766,000 GENERAL OBLIGATION WATER BOND ANTICIPATION NOTES BE IT RESOLVED by the Board of Commissioners (the Board ) for the County of Nash, North Carolina, in its capacity as the governing body of the Central Nash Water and Sewer District of Nash County (the District ): Section 1. The Board has determined and does hereby find and declare as follows: (a) An order authorizing $23,000,000 Water Bonds of the District was adopted by the Board for the District on September 10, 2007, which order was approved by the vote of a majority of the qualified voters of the District who voted thereon at a referendum duly called and held on December 11, (b) $8,043,000 of said bonds has been issued and there is outstanding $4,766,000 General Obligation Water Bond Anticipation Notes of the District, dated May 28, 2013, maturing February 26, 2014, and bearing interest at a rate of 0.75% per annum, issued in anticipation of the proceeds of a like amount of said bonds. (c) It is necessary to issue $4,766,000 of water bond anticipation notes at this time in anticipation of the receipt of the proceeds of the sale of a like amount of bonds, the proceeds of the sale thereof to be applied to the payment of the principal of the outstanding notes at maturity. (d) (i) The District represents that (a) the District is a governmental unit with general taxing powers, (b) no note which is part of the issue of notes described in Section 2 hereof is a 2 65 of 102

40 private-activity bond (as defined in the Internal Revenue Code of 1986, as amended (the Code )), (c) 95% or more of the net proceeds of said notes are to be used for local governmental activities of the District and (d) the aggregate face amount of all tax-exempt obligations (other than private activity bonds) issued by the District and all subordinate entities thereof during calendar year 2014 is not reasonably expected to exceed $5,000,000 (taking into account the provisions of Section 148(f)(4)(D)(iii) of the Code). Section 2. In anticipation of the receipt of the proceeds of the sale of a like amount of bonds, the issuance of $4,766,000 negotiable notes of the District is hereby authorized, which notes shall be designated General Obligation Water Bond Anticipation Notes (the Notes ), shall be dated February 25, 2014, shall mature on June 25, 2014, without option of prior payment, and shall bear interest at a rate to be determined by the Local Government Commission at the time the Notes are sold, which interest shall be payable at the maturity of the Notes, on the basis of a 360-day year consisting of twelve 30-day months, to which no interest coupons shall be attached. The principal of and the interest on the Notes shall be payable in any coin or currency of the United States of America which is legal tender for the payment of public and private debts on the respective dates of payment thereof. The Notes shall be issued by means of a book-entry only system with no physical distribution of Note certificates to be made except as hereinafter provided. One Note certificate in the aggregate principal amount of the Notes stated to mature on June 25, 2014 and registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York ( DTC ), shall be issued and deposited with DTC and immobilized in its custody. The book-entry only system will evidence ownership of the Notes in the principal amount of $100,000 and integral multiples of $1,000 in excess of $100,000, with transfers of ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants. The principal of and interest on the Notes shall be payable to Cede & Co. or any other person appearing on the registration books of the District hereinafter provided for as the registered owner of the Notes or his registered assigns or legal representative at such office of the Note Registrar (hereinafter defined) or such other place as the District may determine upon the presentation and surrender thereof as the same shall become due and payable; provided, however, that for so long as the Notes are deposited with DTC, the payment of the principal of and interest on the Notes shall be made to DTC in same-day funds by 2:30 p.m. or otherwise as determined by the rules and procedures established by DTC. Transfer of principal and interest payments to participants of DTC will be the responsibility of DTC, and transfer of principal and interest payments to beneficial owners of the Notes by participants of DTC will be the responsibility of such participants and other nominees of such beneficial owners. The District will not be responsible or liable for such transfers of payments or for maintaining, supervising or reviewing records maintained by DTC, its participants or persons acting through such participants. In the event that (a) DTC determines not to continue to act as securities depository for the Notes or (b) the Finance Officer of the District determines that continuation of the book-entry only system of evidence and transfer of ownership of the Notes would adversely affect the interests of the beneficial owners of the Notes, the District will discontinue the book-entry only system with DTC. If the District identifies another qualified securities depository to replace 3 66 of 102

41 DTC, the District will make arrangements with DTC and such other depository to effect such replacement and deliver replacement Notes registered in the name of such other depository or its nominee in exchange for the outstanding Notes, and the references to DTC or Cede & Co. in this resolution shall thereupon be deemed to mean such other depository or its nominee. If the District fails to identify another qualified securities depository to replace DTC, the District will deliver replacement Notes in the form of fully-registered certificates in denominations of $100,000 and integral multiples of $1,000 in excess of $100,000 ( Certificated Notes ) in exchange for the outstanding Notes as required by DTC and others. Upon the request of DTC, the District may also deliver one or more Certificated Notes to any participant of DTC in exchange for Notes credited to its account with DTC. Unless indicated otherwise, the provisions of this resolution that follow shall apply to all Notes issued or issuable hereunder, whether initially or in replacement thereof. Section 3. The Notes shall bear the manual or facsimile signatures of the Chairman of the Board and the Clerk to the Board of the District and the official seal or a facsimile of the official seal of the District shall be impressed or imprinted, as the case may be, on the Notes. The certificate of the Local Government Commission of North Carolina to be endorsed on all Notes shall bear the manual or facsimile signature of the Secretary of said Commission and the certificate of authentication of the Note Registrar to be endorsed on all Notes shall be executed as provided hereinafter. In case any officer of the District or the Local Government Commission of North Carolina whose manual or facsimile signature shall appear on any Notes shall cease to be such officer before the delivery of such Notes, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery, and any Note may bear the manual or facsimile signatures of such persons as at the actual time of the execution of such Note shall be the proper officers to sign such Note although at the date of such Note such persons may not have been such officers. No Note shall be valid or become obligatory for any purpose or be entitled to any benefit or security under this resolution until it shall have been authenticated by the execution by the Note Registrar of the certificate of authentication endorsed thereon. The Notes to be registered in the name of Cede & Co. and the endorsements thereon shall be in substantially the following form: CUSIP No.: No. $4,766,000 United States of America State of North Carolina County of Nash 4 67 of 102

42 CENTRAL NASH WATER AND SEWER DISTRICT OF NASH COUNTY GENERAL OBLIGATION WATER BOND ANTICIPATION NOTE The Central Water and Sewer District of Nash County, a body politic and corporate organized and existing under the laws of the State of North Carolina, is justly indebted and for value received hereby promises to pay to CEDE & CO. or registered assigns or legal representative on the date specified above, upon the presentation and surrender hereof, at the office of the Finance Officer of said District (the Note Registrar ), in Nashville, North Carolina, on the 25 th day of June, 2014, the principal sum of FOUR MILLION SEVEN HUNDRED SIXTY-SIX THOUSAND DOLLARS and to pay interest thereon, on the basis of a 360-day year consisting of twelve 30-day months, from the date hereof at the rate of per centum ( %) per annum, payable upon the presentation and surrender of this note at its maturity; provided, however, that for so long as the Notes (hereinafter defined) are deposited with The Depository Trust Company, New York, New York ( DTC ), the payment of the principal of and interest on the Notes shall be made to DTC in same day funds by 2:30 p.m. or otherwise as determined by the rules and procedures established by DTC. Both the principal of and the interest on this note shall be paid in any coin or currency of the United States of America that is legal tender for the payment of public and private debts on the respective dates of payment thereof. For the prompt payment hereof, both principal and interest as the same shall become due, the faith and credit of said District are hereby irrevocably pledged. This note is one of an issue of notes designated General Obligation Water Bond Anticipation Notes (the Notes ) and is given for money borrowed in the amount of the face of this note in anticipation of the receipt of the proceeds of the sale of a like amount of General Obligation Water Bonds, duly authorized by an order adopted by the Board of Commissioners for the County of Nash, North Carolina, in its capacity as the governing body of said District, on September 10, 2007, which order was approved by the vote of a majority of the qualified voters of said District who voted thereon at a referendum duly called and held on December 11, 2007, and this note is issued pursuant to and in full compliance with The Local Government Bond Act, as amended, Article 9, as amended, of the General Statutes of North Carolina and a resolution duly adopted by said Board of Commissioners for said District on February 3, 2014 (the Resolution ). The Notes shall be issued by means of a book-entry only system with no physical distribution of note certificates to be made except as provided in the Resolution. One note certificate in the aggregate principal amount of the Notes stated to mature on such date and registered in the name of Cede & Co., as nominee of DTC, is being issued and deposited with DTC and immobilized in its custody. The book-entry only system will evidence ownership of the Notes in the principal amount of $100,000 and integral multiples of $1,000 in excess of $100,000, with transfers of ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants. Transfer of principal and interest payments to participants of DTC shall be the responsibility of DTC, and transfer of principal and interest payments to beneficial owners of the Notes by participants of DTC shall be the responsibility of such participants and other nominees of such beneficial owners. Said District shall not be responsible or liable for such transfers of payments or for maintaining, 5 68 of 102

43 supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. In certain events, said District will be authorized to deliver replacement Notes in the form of fully-registered certificates in the denomination of $100,000 and integral multiples of $1,000 in excess of $100,000 in exchange for the outstanding Notes as provided in the Resolution. At the office of the Note Registrar, in the manner and subject to the conditions provided in the Resolution, Notes may be exchanged for an equal aggregate principal amount of Notes of the same maturity, of authorized denominations and bearing interest at the same rate. The Note Registrar shall keep at his office the books of said District for the registration of transfer of Notes. The transfer of this Note may be registered only upon such books and as otherwise provided in the Resolution upon the surrender hereof to the Note Registrar together with an assignment duly executed by the registered owner hereof or his attorney or legal representative in such form as shall be satisfactory to the Note Registrar. Upon any such registration of transfer, the Note Registrar shall deliver in exchange for this Note a new Note or Notes, registered in the name of the transferee, of authorized denominations, in an aggregate principal amount equal to the unredeemed principal amount of this Note, of the same maturity and bearing interest at the same rate. It is hereby certified and recited that all acts, conditions and things required by the Constitution and laws of North Carolina to happen, exist and be performed precedent to and in the issuance of this Note have happened, exist and have been performed in regular and due form and time as so required, and that the total indebtedness of said District, including this Note, does not exceed any constitutional or statutory limitation thereon. This Note shall not be valid or become obligatory for any purpose or be entitled to any benefit or security under the Resolution until this Note shall have been authenticated by the execution by the Note Registrar of the certificate of authentication endorsed hereon. IN WITNESS WHEREOF, the Central Nash Water and Sewer District of Nash County, pursuant to a resolution adopted by its Board of Commissioners, has caused this note to be signed by its Chairman and its Clerk and its official seal to be impressed hereon, all as of the 25 th day of February, [SEAL] [Do not sign] Chairman [Do not sign] Clerk to the Board 6 69 of 102

44 CERTIFICATE OF LOCAL GOVERNMENT COMMISSION The issuance of this note has been approved under the provisions of The Local Government Bond Act. [Do not sign] T. Vance Holloman Secretary, Local Government Commission L.G.C. No. CERTIFICATE OF AUTHENTICATION This note is one of the Notes of the series designated herein and issued under the provisions of the within-mentioned Resolution. Date of authentication: ASSIGNMENT By:[Do not sign] Finance Officer FOR VALUE RECEIVED the undersigned registered owner thereof hereby sells, assigns and transfers unto the within Note and all rights thereunder and hereby irrevocably constitutes and appoints attorney to register the transfer of said Note on the books kept for registration thereof, with full power of substitution in the premises. Dated: In the presence of: NOTICE: The signature must be guaranteed by an institution which is a participant in the Securities Transfer Agent Medallion Program (STAMP) or similar program. The signature to this assignment must correspond with the name as it appears on the face of the within Note in every particular, without alteration of enlargement or any change whatever of 102

45 Certificated Notes issuable hereunder shall be in substantially the form of the Notes registered in the name of Cede & Co. with such changes as are necessary to reflect the provisions of this resolution that are applicable to Certificated Notes. Section 4. Notes, upon surrender thereof at the office of the Note Registrar together with an assignment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the Note Registrar, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of Notes of the same maturity, of any denomination or denominations authorized by this resolution and bearing interest at the same rate. The transfer of any Note may be registered only upon the registration books of the District upon the surrender thereof to the Note Registrar together with an assignment duly executed by the registered owner or his attorney or legal representative in such form as shall be satisfactory to the Note Registrar. Upon any such registration of transfer, the Note Registrar shall authenticate and deliver in exchange for such Note a new Note or Notes, registered in the name of the transferee, of any denomination or denominations authorized by this resolution, in an aggregate principal amount equal to the unredeemed principal amount of such Note so surrendered, of the same maturity and bearing interest at the same rate. In all cases in which Notes shall be exchanged or the transfer of Notes shall be registered hereunder, the Note Registrar shall authenticate and deliver at the earliest practicable time Notes in accordance with the provisions of this resolution. All Notes surrendered in any such exchange or registration of transfer shall forthwith be canceled by the Note Registrar. The District or the Note Registrar may make a charge for shipping and out-of-pocket costs for every such exchange or registration of transfer of Notes sufficient to reimburse it for any tax or other governmental charge required to be paid with respect to such exchange or registration of transfer, but no other charge shall be made by the District or the Note Registrar for exchanging or registering the transfer of Notes under this resolution. As to any Note, the person in whose name the same shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any such Note and the interest on any such Note shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Note, and interest thereon, to the extent of the sum or sums so paid. The District shall appoint such registrars, transfer agents, depositaries or other agents as may be necessary for the registration, registration of transfer and exchange of Notes within a reasonable time according to then current commercial standards and for the timely payment of principal and interest with respect to the Notes. The Finance Officer of the District, or any person at any time acting in such capacity, is hereby appointed the registrar, transfer agent and paying agent for the Notes (collectively the Note Registrar ), subject to the right of the Board of Commissioners for the District to appoint another Note Registrar, and as such shall keep at his office in the District, the books of the District for the registration, registration of transfer, exchange and payment of the Notes as provided in this resolution of 102

46 Section 5. The District covenants that, to the extent permitted by the Constitution and laws of the State of North Carolina, it will comply with the requirements of the Internal Revenue Code of 1986, as amended or as may be amended from time to time, and any Treasury regulations now or hereafter promulgated thereunder, to the extent necessary so that interest on the Notes will not be included in gross income of the owners of the Notes for purposes of federal income tax. Section 6. The actions of the officers of the District in applying to the Local Government Commission to approve, advertise and sell the Notes and the Local Government Commission in asking for bids for said Notes by printing and distributing circulars relating to the offering and sale of the Notes are hereby authorized, approved, ratified and confirmed. Section 7. The District hereby represents that it reasonably expects that it, all subordinate entities thereof and all issuers issuing obligations on behalf of the District will not issue in the aggregate more than $10,000,000 of tax-exempt obligations (not counting private-activity bonds except for qualified 501(c)(3) bonds (as defined by the Code) and not counting certain current refunding obligations as provided in Section 265(b)(3)(C)(ii)(III) of the Code) during calendar year In addition, the District hereby designates the Notes as qualified tax-exempt obligations for the purposes of the Code. Section 8. This resolution shall take effect upon its passage. Upon motion of Commissioner, seconded by Commissioner, the foregoing resolution entitled RESOLUTION PROVIDING FOR THE SALE AND ISSUANCE OF $4,766,000 GENERAL OBLIGATION WATER BOND ANTICIPATION NOTES was passed by the following vote: Ayes: Noes: * * * * * * I, Janice Evans, Clerk to the Board of Commissioners for the Central Nash Water and Sewer District of Nash County, DO HEREBY CERTIFY that the foregoing has been carefully copied from the actual recorded minutes of the Board of Commissioners for said District at a regular meeting held on February 3, 2014, the record having been made in the minutes of said Board of Commissioners, and is a true copy of so much of said minutes as relates in any way to the passage of a resolution providing for the sale and issuance of $4,766,000 General Obligation Water Bond Anticipation Notes of said District. I DO HEREBY FURTHER CERTIFY that proper notice of such regular meeting was given as required by North Carolina law of 102

47 WITNESS my hand and the official seal of said District this 3 rd day of February, [DISTRICT SEAL] Clerk to the Board of 102

48 Nash County Commissioner s Agenda Information Sheet Page 1 of 1 Date: Monday, February 3, 2014 Attachment: No Item: Initiated By: Request for Eastern Region Reserved Funds Lynne Hobbs, Finance Director Action Proposed: Authorize Request Description: Nash County has the opportunity to borrow $576, in Reserved Funds that are part of the one-time $7.5 million state appropriation to the Eastern Region. There is a 1% ($5,769.24) application fee and the no-interest loan may be paid back over five years. The loan application must be submitted by February 28, 2014 and must describe the project(s) that the funds will be used for which are restricted for economic development purposes. If approved by the Board, the County would propose to use these funds to: Serve as part of the $1.5 million match for the Golden Leaf grant to provide sewer to the NC 97 tract; or if this grant is not approved to: construct a 60,000 square foot shell building at the Middlesex Corporate Center. 74 of 102

49 Nash County Commissioner s Agenda Information Sheet page 1 of 1 Date: Monday, February 3, 2014 attachments: Yes Item: Initiated By: Budget Amendments Lynne Hobbs, Finance Director Action Proposed: Approval Requested Budget Amendments The following budget amendments are being presented for the Board s consideration for Fiscal Year Aging Department ($2,300) This amendment transfers funds for telephone charges budgeted in the Information Technology budget that are now charged to the Aging Department for lines used at the Senior Center. No county funds are needed. Sheriff s Department ($13,681) Insurance Proceeds: This amendment appropriates insurance proceeds for a Sheriff s vehicle damaged when hitting a deer. Community Support, K-9 Contributions and Dare Program Donations: These budget amendments appropriate donated funds by the Sheriff s Citizens Advisory Committee to provide items for needy families and other services for community support. K-9 contributions are for expenses related to use of Canine Units. D.A.R.E. Program contributions will be used for materials in the Drug Awareness and Resistance Education Unit. No County funds are needed. Animal Control ($500) The Humane Society of the United States gave Nash County Animal Control a $ grant to be used towards replacing supplies/equipment in the mobile office destroyed by fire earlier this year. 75 of 102

50 Aging Department Revenue: Telephone ($2,300.00) Decr Telephone 2, Incr -0 - Revenue: Sheriff s Department Insurance Proceeds $ Incr Sheriff s Community Support 4, Incr Sheriff s K-9 Contributions 4, Incr Sheriff s Dare Contributions 5, Incr $13, Expenditure: Vehicle Repairs $ Incr Sheriff s Community Support 4, Incr Sheriff s K-9 Program Donations 4, Incr Sheriff s Dare Program Donations 5, Incr $13, Revenue: Animal Control Humane Society Grant $ Incr Expenditure: Replacement Equipment $ Incr 76 of 102

51 Nash County Commissioner s Agenda Information Sheet page 1 of 1 Date: Monday, Feb. 3, 2014 attachments: yes Item: Initiated By: Action Proposed: NC FAST Update Melvia Batts, Social Services Director Informational Only (Food & Nutrition Services) Description: The State of North Carolina is at risk of losing Federal dollars that support staff positions in the Food and Nutrition Services (FNS) program due to untimely processing of applications and recertifications. The State is now under a critical timeline to come into compliance with Federal guidelines. An update regarding Nash County s status will be provided. 77 of 102

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57 Nash County Commissioner s Agenda Information Sheet Page 1 of 1 Date: Monday, February 3, 2014 Attachments: Yes Item: Initiated By: Board Appointments Rosemary M. Dorsey, Assistant County Manager Action Proposed: Make Appointments Description: Attached is a spreadsheet detailing the appointments for consideration at the February meeting. Also, please review the group of appointments for the month of April and advise staff if any contacts for reappointment need to be made. 83 of 102

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62 Nash County Commissioner s Agenda Information Sheet page 1 of 1 Date: Monday, February 3, 2014 attachments: Yes Item: Initiated By: Action Proposed: Monthly Report Tax Administrator/ Jim Wrenn Information Only Description: In keeping with G.S (7), the tax collector will be providing a monthly report showing the amount of taxes collected and efforts being made to collect taxes. This report is designed to keep the board current on activities in the tax collector s office. The report is for your information only and does not require approval. It is recommended that you accept the report so that it will be noted in the minutes. 88 of 102

63 Among the duties of the Tax Collector is: MONTHLY REPORT OF TAX COLLECTOR G.S (7) to submit to the governing body at each of its regular meetings a report of the amount he has collected on each year s taxes with which he is charged, the amount remaining uncollected and the steps he is taking to encourage or enforce payment of uncollected taxes. STEPS BEING TAKEN TO COLLECT: All legal enforcement procedures prescribed by law including garnishment, levy attachment to bank account, debt set off, certifying to other counties and foreclosure of real estate. 89 of 102