NASH COUNTY BOARD OF COMMISSIONERS August 1, :00 AM AGENDA. Call to Order Invocation Pledge of Allegiance Approval of Minutes Public Comment

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1 NASH COUNTY BOARD OF COMMISSIONERS August 1, :00 AM AGENDA Call to Order Invocation Pledge of Allegiance Approval of Minutes Public Comment Tab SCHEDULED APPOINTMENTS Public Hearing Conditional Use Rezoning Request CU Made by Nash 231 LLC to Rezone Approx Acres at 6491 S NC 231, Middlesex, NC from R-40 Single-Family Residential to GI-CU General Industrial Conditional Use. Public Hearing Text Amendment to the Nash County Unified 2 Development Ordinance proposed by the Central Nash Water & Sewer District to add Utility Field Office (Government-Owned) as a Permitted Use with Related Development Standards. Rosemary Dorsey Consideration of Resolutions Requesting 3 NCDOT to provide Welcome to Nash County Signs. W.T. Bass Secondary Road Construction Program for 4 District Engineer FY Derek Hawkes Red Oak Area Water System Study 5 Lynne Hobbs Rural Center Grants Fund Project Ordinance 6 Amendment 2 Lynne Hobbs Finance Matters 7 OTHER MATTERS FOR BOARD DISCUSSION Proposed Memorandum of Understanding 8 Between the City of Rocky Mount, Edgecombe County and Nash County for a Visioning and Strategic Planning Process

2 Renewal of Franchise Agreements 9 Fireworks Permit Request 10 Consider Appointments 11 Monthly Tax Report 12 Request for Tax Refunds 13 Closed Session as permitted by N.C.G.S (a) (1), N.C.G.S (a) (3), and N.C.G.S (a) (4) for the discussion of certain confidential matters, to consult with the attorney about matters subject to the attorney-client privilege; to discuss pending litigation entitled Albright vs. Nash County ; and to consider the discussion of matters relating to an economic development project. Adjournment

3 Nash County Commissioner s Agenda Information Sheet page 1 of 6 Date: Monday, August 1, 2011 attachments: yes Item: Initiated By: Action Proposed: Public Hearing - Conditional Use Rezoning Request CU made by Nash 231 LLC to Rezone Approximately 5.36 Acres at 6491 S NC 231, Middlesex, NC from R-40 Single-Family Residential to GI-CU General Industrial Conditional Use. Rosemary M. Dorsey, Planning Director Conduct a quasi-judicial public hearing; adopt consistency statement and approve or deny the request. Case Highlights Applicants: Nash 231, LLC Size of Parcel: Approximately 5.36 acres Location: 6491 S. NC 231, Middlesex, NC Existing Zoning District: R-40 (Single Family Residential District) Proposed Zoning District: GI-CU (General Industrial Conditional Use) Proposed Uses: Manufactured Housing and Wood Products; Lumber, Millwork and Veneer; and Office Use, Not Otherwise Classified LDP Classification: Suburban Growth Area Floodplain: NA Watershed: Buckhorn (Class IV) Public Utilities: NA Consistent with LDP: No Spot Zoning: Yes (No industrial zoning in the area) TRC/Staff Recommendation: Denial Planning Board Recommendation: Split vote (4-4) Summary of the Request: Rezoning Request CU requested by Nash 231, LLC is to change the zoning from R-40 Single Family Residential District to GI-CU General Industrial Conditional Use. The site has approximately 480 of frontage on NC 231. Rezoning to General Industrial would eliminate the nonconforming status and allow for expansion while limiting the impact through specified conditions. Existing Nonconforming Use - The property has been the site of Peele Timber Company for over 20 years where they have operated a timbering, clearing and grading and development company from a commercial building on the site. Tax records indicate approximately 1,800 sq ft. of office space and 2,500 sq ft of unfinished storage/garage

4 space in the existing office building. The business is a nonconforming use, which means it can continue to operate until it ceases for 6 months; and there are limitations on expansion and scope of the operations. History - In December 2010, construction began on a 20,000+ sq ft storage building without building permits. During discussions with Mr. Peele about the proposed use of this building, he indicated a future plan to expand the business to include more focus on logs for log homes, including possibly design and sales. At this point, staff identified three options for moving forward: 1. A special use permit to allow the nonconforming timbering and grading businesses to obtain a building permit to complete the large accessory building, by trading outdoor storage/equipment areas for areas inside the new building as a nonconforming use. - This would be the fastest option to comply with zoning and get a building permit to complete the 20,000 sq ft building. However, it did not accommodate Mr. Peele s desire for additional outdoor storage area (up to 1 acre) or additional uses required for future expansions. - A recombination plat (survey) would also be required for this option, but was not required at the beginning of the process. Recombination was required because the large accessory building was constructed across a property line. 2. Recombine acreage to get the building off the property lines and request rezoning of the existing site to GI-CU to accommodate the existing and future uses - This option would allow for the timbering, sawmill, grading and clearing operations as well as the log home operation, but the tract was too small to accommodate additional outdoor storage. A second rezoning would have to be sought later to add the outdoor storage areas to the Conditional Use zoning. 3. Survey adjoining property and recombine lots to get the land in place for the outdoor storage and the new building setbacks, then request rezoning to GI-CU to include all the desired uses and the outdoor storage areas. - This option would take the longest, since a more extensive land survey was required. Mr. Peele was most interested in complying with zoning as fast as possible, since he could not finish the 20,000 sq. ft building until the zoning was compliant. Mr. Peele selected Option #1, knowing that rezoning would still be required later to expand the site plan with future outdoor areas and to expand the range of future uses. While the special use permit was pending, Mr. Peele could move forward with recombining properties to make a larger tract. A special use permit was issued in February 2011, subject to a recombination plat. Special Use Permit # was approved on February 28, 2011 to allow the following three nonconforming uses on the site: Wood Products, Logging (SIC 2411); Sawmill or Planing Mill (SIC 2420); and Contractors, Heavy Construction (SIC1600). The permit allowed construction of the 20,000+ sq. ft. building for storage of heavy equipment and materials, but required a plat to be recorded to get the new building onto the subject

5 property. Upon completion of the building, no further outdoor storage related to the business operations is permitted. In April 2011, the applicant applied to revise the Special Use Permit to add the following three uses as also being nonconforming activities performed on the site since before 1990: Manufactured Housing and Wood Buildings (SIC 2450) - specifically Prefabricated Wood Buildings and Components (SIC 2452), Lumber, Millwork and Veneer (SIC 5031); and Office Use Not Otherwise Classified (SIC 0000). A nonconforming use is required to operate continuously to maintain its status, and the Board of Adjustment tabled the request to allow the applicant time to gather and submit documentation that these additional uses had been operating continuously without a six-month lapse. The petitioner withdrew the request in favor of pursuing a GI-CU rezoning instead. A recombination plat was recorded April 20, 2011 increasing the original tract from 3.4 acres to its current 5.36 acres. Proposed Permitted Uses: The petitioner is currently requesting rezoning to General Commercial Conditional Use in order to expand the range of uses permitted on the site, and to add area for outdoor storage or business activity which is not allowed under the current Special Use Permit. The requested uses are limited to those currently allowed as nonconforming (Wood Products, Logging; Sawmill or Planing Mill; and Contractors, Heavy Construction) as well as three new uses not currently allowed: Manufactured Housing and Wood Products (specifically Prefabricated Wood Buildings and Components); Lumber, Millwork and Veneer; and Office Use, Not Otherwise Classified. Additional information on these uses is attached. Additionally, the site plan requires fencing as shown, which would allow business activity, such as covered or uncovered storage, to be located to the west of the accessory building (approximately 1.2 acres). The opaque fencing is required in order to conduct business activities within 100 of the property line. Outdoor storage is not presently allowed onsite and no business activity is permitted within 100 feet of the property lines behind the office building. The site is currently in zoning violation by due to an excessive amount of materials being stored on the exterior of the building. Area Zoning and Land Uses: R-40 (Single Family Residential) is located east, south and west of the subject tract, and A-1 Agricultural zoning is located across NC 231 to the north and west. Land use patterns include a small rural subdivision, rural housing on larger lots and general agricultural uses. Lot sizes in the area range from under 1 acre to multi-acre farm and woodland sites. A small commercial (conditional use) tract exists on Hopkins Road, approximately ¾ mile from the subject tract. There is no other nonresidential zoning in the vicinity. The current business operation is nonconforming and includes activities not generally allowed in an R-40 district. The existing nonconforming uses include uses that could be considered very intrusive to the surrounding properties if introduced to a new site, but they have been operated here for a number of years. The proposed additional uses may be less intensive than what is currently allowed (e.g. sawmill). Future impact on surrounding land uses may be more related to the magnitude of the operation that to the expanded range of uses.

6 Recent zoning history: The most recent zoning activity in the area was the approval of the expansion of this existing business into a new accessory building by Special Use permit in February The special use permit was required to erect the accessory building for storing equipment and materials, thus replacing any outdoor storage previously on the site. A subsequent request to revise that Special Use Permit was withdrawn after being tabled by the Board of Adjustment in April Floodplain & Watershed Protections: There is no floodplain on the site. The subject property is within the Buckhorn watershed area and any new construction is required to meet additional environmental health (septic) restrictions. Land Development Plan: The Nash County Land Development Plan (LDP) Future Land Use map depicts the subject tract in a Suburban Growth area. The Suburban Growth land use designation is described as those areas of the County where significant residential growth is expected to occur within the 10-year planning horizon. The LDP Future Land Use map depicts very few industrial sites, except where existing facilities are located and may expand, or where large potential industrial sites are shown. Section II, Recommendation #10.3 of the Nash County LDP presents the following four characteristics for consideration in siting industrial locations (Note that this is not a checklist, but a guide in determining appropriate locations): 1. Proximity to public water and sewer 2. Proximity to major transportation corridors 3. Not located in a protected water supply watershed 4. Low potential for land use conflicts with existing uses The following information illustrates the level of conformity with the surrounding R-40 and A-1 areas: - The site is not served by public water and/or sewer, nor is extension to the site planned at this time. - The site is on a primary NC Highway with traffic counts over 1,500 vehicles per day (VPD). - The site is not located in a Protected Area or Critical Area Watershed, but it is in the Buckhorn watershed, and limitations on septic systems may apply to future new construction. This limitation could be reasonably met through site design, or future construction would not be permitted. - There is potential for conflict with existing land uses in the surrounding areas. The list of uses proposed for the GI-CU district is significantly different from the uses permitted in the surrounding R-40 Single Family Residential district and A-1 Agricultural district (permitted use lists attached for those zoning districts). The designation of the area as Suburban Growth emphasizes the expectation that future development will be dominated by residential growth. The addition of more general industrial uses may dampen future residential growth. The expansion of the existing small operation to a larger, more intensive one could also have future impacts on the desirability of developing housing in this area. - Conversely, the site has been used for many years for timbering and land clearing/development operations that operate a sawmill on the site and regularly utilize large, heavy construction equipment and log trucks. These uses have not yet moved inside the new large accessory building, and have traditionally been operated

7 outside. Of the uses proposed for the General Industrial Conditional Use district, the sawmill and heavy construction activities already permitted are likely to have the most detrimental impact on surrounding properties and denying the rezoning does not stop those from continuing. The LDP does not distinguish between siting large industrial sites with county-wide economic development implications and more modest sites for smaller-scale, local industries. The LDP does not directly address viable industrial operations that are nonconforming but want to expand operations at their existing site. Findings: Conformity with the 2006 LDP: The Technical Review Committee has determined that the request does not conform to the LDP designation of a Suburban Growth Area, due to the potential for expanded heavy industrial activities hindering residential development in the area. The site does not meet the siting criteria for industrial locations due to the strong potential for conflict with area land uses and the lack of public services. Spot Zoning: The request is spot zoning, as there is no industrial zoning in the area. The proposed uses and increased outdoor activities are not compatible with the adjacent residential zoning. TRC Recommendation: The TRC recommends denial of the request due to the following: 1. The request is not compliant with the adopted Land Development Plan depiction of a Suburban Growth area, as the rezoning is not compatible with encouraging future residential growth in this area. 2. The request will be in conflict with the following siting criteria for industrial uses: a. Proximity to public water and sewer b. Low potential for land use conflicts with existing uses 3. The request is spot zoning, as there is no industrial zoning in the area and proposed uses are not compatible with the adjacent residential zoning. Planning Board Recommendation The Planning Board had eight (8) of the nine (9) members at the meeting to consider this matter which ended in a split vote (4-4). Voting to approve favorable findings of fact and recommend approval of the rezoning were: Lisa Barnes, Chester Brantley, Ricky Finch and Keith Davis. Voting to approval unfavorable findings of fact and recommend denial of the rezoning were: Randy Pridgen, Richard Davenport, Dennis Whitley and Sue Ford. Suggested Motions: According to state law, prior to adopting or rejecting any zoning 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

8 has drafted suggested motions for recommendation of both approval and denial of the map amendment. They are as follows: Motion 1: Adopt Consistency Statement: Consistency Statement A The requested zoning map amendment is not reasonable and is not in the public interest and not consistent with the adopted 2006 Nash County Land Development Plan (LDP) as it is not consistent with the Future Land Plan depiction of a Suburban Growth area, nor is it consistent with the siting criteria for industrial sites outlined in Recommendation #10 of the LDP with regard to proximity to water and sewer and low potential for land use conflicts with existing uses. The requested zoning map amendment is spot zoning as there is no industrial zoning in the area and proposed uses are not compatible with the adjacent residential zoning. Consistency Statement B The request is consistent with the Land Development Plan and/or reasonable and/or is in the public interest and/or is not spot zoning due to the following reasons: (The Board may provide findings or the applicant will likely provide suggested findings for the board to consider). Motion 2: Approve or Deny the Rezoning Request I move that the Board approve/deny the requested map amendment to rezone approximately 5.36 acres at 6491 S. NC 231, specifically described as the Nash County Tax Map Parcel ID Numbers listed in the application.

9 CONDITIONAL USE REZONING AMENDMENT APPLICATION ATTACHMENT NASH COUNTY, NORTH CAROLINA CU Proposed Conditional Uses: - Wood Products, Logging (SIC 2411) - which includes cutting timber and producing raw wood materials - Sawmill or Planing Mills (SIC 2420) - which includes sawing rough timber into lumber products - Contractors, Heavy Construction (SIC 1600) - which includes land clearing, leveling and grading as well as the cutting of road right-of-ways - Manufactured Housing and Wood Buildings (SIC 2450) - specifically Prefabricated Wood Buildings and Components (SIC 2452), which involves the manufacturing of prefabricated wood buildings, houses or log cabins either in their entirety or in components (ex. sections, panels) for construction. - Lumber, Millwork and Veneer (SIC 5031) - which includes the wholesale distribution of construction materials including rough, dressed, and finished lumber; plywood; millwork; wood panels; reconstituted wood fiber products; doors and windows and their frames (all materials); and wood fencing. - Office Use Not Otherwise Classified (SIC 0000) Proposed Additional Site Conditions: 1) "Area B" on the attached site plan is designated for outdoor storage (covered or uncovered) of materials, inventory and/or commercial vehicle and equipment parking within the applicable property line setbacks as shown. 2) "Area B" is to be screened by a 7 foot, opaque fence as shown on the attached site plan prior to its use for any outdoor storage (covered or uncovered) of materials, inventory and/or commercial vehicle and equipment parking. 3) There shall be no on-site display of model homes permitted on this property. 4) Maximum built-upon area shall be limited to 24% of the tract acreage until such time that public water and sewer service becomes available at this site (UDO Article IX, Table 9-4-3). 5) The property shall be developed in accordance with the site plan attached to the Conditional Use Permit application.

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14 Victor A. Romero c/o Cindy Ridgeway 9438 Buck Deans Rd Middlesex, NC Edna B. Driver Heirs 6464 S NC Hwy 231 Middlesex, NC Kristie Lowery 6545 S NC Hwy 231 Middlesex, NC Wanda G. Farmer 6303 S NC Hwy 231 Middlesex, NC Aaron A. Robbins 4989 Irvin Country Rd Randleman, NC Everette J. and Martine F. Strickland 5604 North Hills Drive Raleigh, NC Frances B. Peele Heirs 6431 S NC Hwy 231 Middlesex, NC Henry Lewis 6491 S NC 231 Middlesex, NC Michael and Barbara Ridgeway 8193 Buck Deans Rd Middlesex, NC Elaine Marshall 6583 S NC Hwy 231 Middlesex, NC Nash 231 LLC c/o Wilson & Ratledge PLLC 6400 Marriott Drive Ste 400 Raleigh, NC Eloise H. Brantley Etal 501 Slaters Lane Apt #807 Alexandria, VA Jeff Brooks P.O. Drawer 1457 Rocky Mount, NC Mr. Howard Leonard P.O. Box 1411 Rocky Mount, NC 27802

15 Nash County Commissioner s Agenda Information Sheet page 1 of 4 Date: August 1, 2011 attachments: yes Item: Initiated By: Action Proposed: Public Hearing - Text Amendment to the Nash County Unified Development Ordinance proposed by the Central Nash Water & Sewer District to add Utility Field Office (Government-Owned) as a Permitted Use with Related Development Standards. Rosemary M. Dorsey, Planning Director Conduct a public hearing and approve the request. Case Highlights Affected UDO Sections: Article II, Section (a) (NEW) Article IX, Table Article XI, Section (a) (NEW) Petitioner: Contact: Central Nash Water & Sewer District Derek Hawkes, County Engineer / Public Utilities Director Nash County Public Utilities Department Summary of the Request: The Central Nash Water & Sewer District is proposing a set of three text amendments to the Nash County Unified Development Ordinance in preparation for the potential construction of a Utility Field Office to be located on the elevated tank site property at 6953 S NC 58 (Nash County Tax Parcel ID # ) in the R-40 Single-Family Residential Zoning District. Proposed Amendment #1 would define a Utility Field Office (Government-Owned) as a building or facility owned and operated by a government organization or utility district to maintain the infrastructure for a public service including electricity, natural gas, water and sewage. Proposed Amendment #2 would revise the Table of Permitted Uses (Table 9-3-1) to add Utility Field Office (Government-Owned) as a use permitted by right in the GI General Industrial Zoning District; a use permitted by right subject to meeting additional development standards in the LI Light Industrial and PI Planned Industrial Zoning Districts; and a use requiring the issuance of a Special Use Permit by the Board of Adjustment in the A-1 Agricultural, the R-40 Single-Family Residential, the R-30 Single and Two-Family Residential, the OI Office and Institutional, the RC Rural Commercial and the GC General Commercial Zoning Districts. This amendment is designed to provide government-owned public utilities with the necessary flexibility to locate field offices throughout the county s planning jurisdiction in

16 multiple zoning districts as the need arises in connection with the continuing expansion of Nash County public water and sewer. While this amendment would provide flexibility for public utilities, it would also seek to mitigate any undesirable impacts that could be created by such a facility through the establishment of required development standards. The amendment is designed to provide an extra level of review in the form of a Special Use Permit before a Utility Field Office (Government-Owned) could be located in an agricultural, residential, office & institutional or commercial zone. The proposed amendment would exclude Utility Field Offices (Government-Owned) from being located in higher density residential zones or those residential zones where manufactured homes are not permitted (Ex. RA-40, RA-30, R-20, RA-15, R-15, R-10 or R-6). Proposed Amendment #3 sets out the specific development standards that would apply to Utility Field Offices (Government-Owned), including a limit on the area of the site itself (3 acres); required security fencing and screening around designated outside storage areas; and signage restrictions. PROPOSED AMENDMENT #1 Article II: Interpretations and Definitions DEFINITIONS (a) Utility Field Office (Government-Owned) A building or facility owned and operated by a government organization or utility district to maintain the infrastructure for a public service including electricity, natural gas, water and sewage. PROPOSED AMENDMENT #2 Article IX: Zoning TABLE OF PERMITTED USES - Transportation, Warehousing and Utilities Use Type Utility Field Office (Government- Owned) Ref. SIC A-1 R- 40 R- 30 OI RC GC LI GI PI 0000 S S S S S S D P D P = Use Permitted by Zoning Permit D = Use Permitted by Zoning Permit with Development Standards S = Special Use Permit Required

17 PROPOSED AMENDMENT #3 Article XI: Development Standards 11-4 DEVELOPMENT STANDARDS FOR INDIVIDUAL USES (a) Utility Field Office (Government-Owned) (A) Where Required A-1, R-40, R-30, OI, RC, GC, LI, PI (B) Maximum Area The maximum land area that may be used in conjunction with the Utility Field Office (Government-Owned) is 3 acres (130,680 square feet). (C) Outside Storage (1) Security fencing, a minimum of 6 feet in height, shall be provided around designated outside storage areas. (2) Any outside 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). (D) Signs (1) Signs related to a Utility Field Office (Government-Owned) located within agricultural or residential zoning districts shall conform to the following requirements. (a) Maximum sign area: 6 square feet. (b) Maximum height: 30 inches if ground mounted, signs in this category may also be mounted against the structure. (c) Minimum setback from all property lines: 2 feet. (d) Maximum number of signs per facility: 1 ground mounted sign and 1 wall mounted sign. (2) Signs related to a Utility Field Office (Government-Owned) located within commercial, industrial or office and institutional zoning districts shall conform to the sign requirements of Section 11-1.

18 Planning Board Recommendation: The Planning Board reviewed the proposed Utility Field Office (Government-Owned) text amendments on June 30, 2011 and unanimously recommended approval of the proposed text amendments to Article II, Section (a); Article IX, Table 9-3-1; and Article XI, Section (a) of the Nash County Unified Development Ordinance, as proposed by the Central Nash Water & Sewer District, to establish a Utility Field Office (Government-Owned) as a permitted use with related development standards.

19 AN ORDINANCE AMENDING THE NASH COUNTY UNIFIED DEVELOPMENT ORDINANCE Whereas, the Nash County Planning Board has provided a favorable recommendation per the requirements of Article VIII Amendments Section 8-3 Planning Board Review and Recommendation of the Unified Development Ordinance on July 18, 2011; and Whereas, a public hearing of the Board of Commissioners has been scheduled, duly advertised per the requirements of Article VIII Amendments Section 8-5 Public Hearing Requirements of the Unified Development Ordinance and conducted on August 1, Now, therefore be it ordained that the Board of Commissioners has favorably acted on the recommendation of the Planning Board and provides that the following sections of the Nash County Unified Development Ordinance are hereby amended as follows: Article II: Interpretations and Definitions DEFINITIONS (a) Utility Field Office (Government-Owned) A building or facility owned and operated by a government organization or utility district to maintain the infrastructure for a public service including electricity, natural gas, water and sewage. Article IX: Zoning TABLE OF PERMITTED USES - Transportation, Warehousing and Utilities Use Type Utility Field Office (Government- Owned) Ref. SIC A-1 R- 40 R- 30 OI RC GC LI GI PI 0000 S S S S S S D P D P = Use Permitted by Zoning Permit D = Use Permitted by Zoning Permit with Development Standards S = Special Use Permit Required

20 Article XI: Development Standards 11-4 DEVELOPMENT STANDARDS FOR INDIVIDUAL USES (a) Utility Field Office (Government-Owned) (A) Where Required A-1, R-40, R-30, OI, RC, GC, LI, PI (B) Maximum Area The maximum land area that may be used in conjunction with the Utility Field Office (Government-Owned) is 3 acres (130,680 square feet). (C) Outside Storage (1) Security fencing, a minimum of 6 feet in height, shall be provided around designated outside storage areas. (2) Any outside 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). (D) Signs (1) Signs related to a Utility Field Office (Government-Owned) located within agricultural or residential zoning districts shall conform to the following requirements. (a) Maximum sign area: 6 square feet. (b) Maximum height: 30 inches if ground mounted, signs in this category may also be mounted against the structure. (c) Minimum setback from all property lines: 2 feet. (d) Maximum number of signs per facility: 1 ground mounted sign and 1 wall mounted sign. (2) Signs related to a Utility Field Office (Government- Owned) located within commercial, industrial or office and institutional zoning districts shall conform to the sign requirements of Section 11-1.

21 Adopted this 1st day of August Attest: Billy Morgan, Chairman Nash County Board of Commissioners Wayne Moore, Clerk to the Board

22 Nash County Commissioner s Agenda Information Sheet page 1 of 1 Date: August 1, 2011 attachments: yes Item: Initiated By: Action Proposed: Consideration of Resolutions requesting NCDOT to provide Welcome to Nash County signs. Rosemary M. Dorsey, Planning Director Charlie Tyson, Cooperative Extension Director Approve the request. Summary of the Request US Highway (By-Pass) and Interstate Signs NCDOT brought to our attention that the Welcome to Nash County signs are in disrepair. Below is a summary of the condition of the signs as provided by the NCDOT-Division IV office: The US 64 eastbound sign is missing. The supports are there but have been rendered unusable. The US 64 westbound sign is very old and in poor condition. There are no signs on US 264 eastbound or westbound. The signs on I-95 northbound and southbound do have some reflectivity left; however, will need replacing or removal in the near future. In order to replace the signs, a resolution identifying the information to be included on the sign(s) and the location of sign(s) to be erected needs to be adopted by the Board. The cost of purchasing the six (6) signs totals $27,500 and the signs would include: Welcome to Nash County Your Gateway to the Triangle and the emblem of the NC flag. The intent of this slogan is to promote our proximity to the Triangle (more specifically RDU, major research universities, high tech companies, etc.). As we are all aware, The Carolinas Gateway Partnership name has a similar implication and hopefully is a reminder of how convenient Nash County is to the amenities of a major metropolitan area. These funds are proposed to be paid from the TDA Economic Development line item that currently has $75,000 budgeted. NC Primary Highway Signs The Cooperative Extension Agency received approval in August 2010 to erect Welcome to Nash County Growing Green with Agriculture. These signs are intended to be viewed by local traffic and call attention to agricultural efforts such as the Voluntary Ag District program. The NCDOT has asked staff to adopt a new resolution related to these signs indicating the slogan and proposed locations in order to eliminate any confusion about the two different types of signs. These Growing Green with Agriculture signs are proposed to ultimately be erected on the county borders along the following NC primary highways: NC 43, NC 48, NC 58, NC 97, NC 98, NC 231, NC 581, US 64 Alt. and US 301. These signs will be erected as funding is available by the Farm Bureau Agency.

23 RESOLUTION WHEREAS, Nash County is aware that the existing Welcome to Nash County signs on US Highway 64 and I-95 are in disrepair; and WHEREAS, Nash County recognizes the North Carolina Department of Transportation s authority for controlling signage on state maintained road right of way; and WHEREAS, Nash County is hereby requesting that the following signs: Welcome to Nash County Your Gateway to the Triangle along with the North Carolina state flag emblem be included on signs to be erected at or near the Nash County boarders of the following highways: US Highway 64 By-Pass; US Highway 264 By-Pass and Interstate 95. WHEREAS, It is further understood, that if this request is approved by the North Carolina Department of Transportation, that Nash County will pay NCDOT all costs associated to construct and erect the signs. NOW, THEREFORE, BE IT RESOLVED, the Nash County Board of Commissioners hereby authorizes and requests that the North Carolina Department of Transportation give approval for installation of Welcome to Nash County Your Gateway to the Triangle signs, along with the North Carolina flag emblem, to be erected along the NCDOT right of way of the above-referenced highways. Adopted this 1st day of August NASH COUNTY BOARD OF COMMISSIONERS Billy Morgan, Chairman Attest: Wayne Moore, Clerk to the Board

24 RESOLUTION WHEREAS, Nash County ranks 10th among all North Carolina counties for the value of its agricultural production; and WHEREAS, Nash County is proud of its agricultural heritage, acknowledges the significance of its current agricultural economy; and WHEREAS, Nash County s Voluntary Agriculture District Ordinance seeks to assist agricultural land owners with notifying the non-farming public of ongoing agricultural activities; and WHEREAS, Nash County recognizes the North Carolina Department of Transportation s authority for controlling signage on state maintained road right of way; and WHEREAS, Nash County is hereby requesting that the following signs: Welcome to Nash County Growing Green with Agriculture be approved to be erected at or near the Nash County boarders of the following highways: NC 43, NC 48, NC 58, NC 97, NC 98, NC 231, NC 581, US 64 Alt. and US 301. WHEREAS, It is further understood, that if this request is approved by North Carolina Department of Transportation, that an agency other than the N.C. Department of Transportation will purchase, install and maintain Welcome to Nash County - Growing Green with Agriculture signs on Nash County s borders, according to standards required by the N.C. Department of Transportation state sign engineer. NOW, THEREFORE, BE IT RESOLVED, the Nash County Board of Commissioners requests North Carolina Department of Transportation give approval for installation of Welcome to Nash County Growing Green with Agriculture signs on its county borders on state road right of way. Adopted this 1st day of August NASH COUNTY BOARD OF COMMISSIONERS Billy Morgan, Chairman Attest: Wayne Moore, Clerk to the Board

25 Nash County Commissioner s Agenda Information Sheet page 1 of 1 Date: Monday, August 1, 2011 attachments: yes Item: Secondary Road Construction Program for FY Initiated By: Action Proposed: W. T. Bass IV, District Engineer Department of Transportation Approval Requested Description: Mr. W. T. Bass IV will discuss the Secondary Road Construction Program for Fiscal Year

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38 Nash County Commissioner s Agenda Information Sheet page 1 of 1 Date: Monday, August 1, 2011 attachments: y Item: Rural Center Grants Fund Project Ordinance Amendment 2 Initiated By: Action Proposed: Lynne Hobbs, Finance Director Amend Ordinance Description: The Rural Center Grants Fund houses all grants related to ongoing projects funded with Rural Center grants. This amendment appropriates grant and matching funds for the Red Oak Area Water System Study. The grant is for $40, and matching funds of $47, are from the Utility Fund.

39 NASH COUNTY RURAL CENTER GRANTS FUND GRANT PROJECT ORDINANCE AMENDMENT 2 Be it ordained by the Nash County Board of Commissioners that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following Grant Project Ordinance is hereby amended: Section 1. Projects previously authorized are the Nash County Alternative Water Supply and Feasibility Study and the Capital Improvements and Drought Management Plan. This amendment authorizes the Red Oak Area Water System Study. Section 2. The officers of this unit are hereby directed to proceed with the grant project within the terms of this ordinance and all rules and regulations within North Carolina General Statutes as it pertains to capital projects, grant projects, and the budget contained herein. Section 3. The following revenues are anticipated to complete this project: Previously Amended Amended Water Supply Feasibility Grant $40, $40, Drought Management Plan Grant 40, , Red Oak Water System Study Grant -0-40, Transfer From Utility Fund 80, , $160, $247, Section 4. The following expenditures are projected: Water Supply Feasibility $80, $80, Drought Management Plan 80, , Red Oak Water System Study -0-87, $160, $247, Section 5. The Finance Officer shall report on the financial status of each project element in Section 4 and total revenues received or claimed. Section 6. Copies of this Grant Project Ordinance shall be made available to the Budget Officer and the Finance Officer for direction in carrying out this project. Adopted this 1 st day of August ATTEST: Wayne Moore, Clerk to the Board Billy Morgan, Chairman

40 Nash County Utility Fund Budget Amendment August 1, 2011 Revenue: Fund Balance Appropriated $47, Incr Expenditure: Transfer to Rural Center Grants Fund $47, Incr

41 Commissioner s Agenda Information Sheet page 1 of 1 Date: Monday, August 1, 2011 attachments: y Item: Initiated By: Re-appropriation of Outstanding Purchase Orders and Grant Funds Lynne Hobbs, Finance Director Action Proposed: Approval Requested Description: As recommended by N.C. General Statutes, the Finance Officer is submitting for approval to the Board of Commissioners the following amounts from the Budget to be reappropriated as obligations of Nash County. General Fund $ 485, In addition, unused grant funds are being reappropriated for the Aging Department and Sheriff s Office.

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44 Nash County Re-Appropriated Grant Funds Budget Amendment August 1, 2011 Aging/Senior Center Revenue: Fund Balance Appropriated $ 10, Incr Expenditure: Project Lifesaver Program $ 10, Incr Sheriff Revenue: Fund Balance Appropriated $ 1, Incr Expenditure: Community Support $ 1, Incr SUMMARY: This amendment re-appropriates grant funds from Aging/Senior Center and Sheriff Grants remaining at June 30, 2011.

45 Commissioner s Agenda Information Sheet page 1of 1 Date: Monday, August 1, 2011 attachments: y Item: Initiated By: Action Proposed: Finance Matters Lynne Hobbs, Finance Director Approval Requested Description: Budget Amendments The following budget amendments are being presented for the Board s consideration for Fiscal Year MIS Department This amendment reflects transfer of budgeted costs for personnel and operations for GIS to the MIS Department. Positions are being moved from Tax, Planning, DSS, and Health to MIS to consolidate the Information Technology area. There is no increase in expenditures as a result of this action. Department of Social Services Various program adjustments per federal funding and The Beacon Center funding. Travel and Tourism Fund This amendment is necessary for Nash County Travel and Tourism to purchase visitors guide books that were not originally included in budget. All funding for tourism is from occupancy tax receipts. Public Buildings Two Commissioners have requested an ice machine at the Agriculture Center. This amendment appropriates an amount from fund balance for this purchase. Employee Health Fund Following approval at July s meeting of the Healthstat contract for the wellness clinic, this amendment appropriates funds for set up and first year operations. These costs are paid from reserves within the Employee Health Fund.

46 Nash County MIS Department Budget Amendment August 1, 2011 Expenditures: Personnel Costs $(138,489.00) Decr Personnel Costs (60,019.00) Decr Personnel Costs (58,256.00) Decr Personnel Costs 256, Incr Vehicle Costs (825.00) Decr Vehicle Costs Incr Service Maintenance Contracts (26,225.00) Decr Service Maintenance Contracts 26, Incr $0.00 Summary: This amendment reflects transfer of budgeted costs for personnel and operations for GIS to the MIS Department. Positions are being moved from Tax, Planning, DSS, and Health to MIS to consolidate the Information Technology area. There is no increase in expenditures as a result of this action.

47 Nash County Department of Social Services Budget Amendment August 1, 2011 Revenues: TANF Job Boost $88, Incr TANF Domestic Violence (3,876.00) Decr Energy Administration 9, Incr MH Non-Target Population Grant 30, Incr $123, Expenditure: TANF Job Boost $88, Incr TANF Domestic Violence (3,876.00) Decr Contract Services 9, Incr MH Non-Target Population Grant 30, Incr $123, Summary: TANF Job Boost: 100% federal funds for a subsidized employment program with the goal of placing TANF eligible participants in jobs. TANF Domestic Violence: Decrease in 100% federal funds to provide direct services to Work First recipients or families with children who meet the 200% federal poverty guidelines and are involved in a domestic violence situation. Energy Administration: Increase in 100% federal funds available for the administration of the Low Income Home Energy Assistance Program (LIHEAP). Increase is offset against contract services to address temporary staffing needs during position vacancies. MH Non-Target Population Grant: Increase in 100% grant funds contracted with The Beacon Center to provide mental health services for individuals whom can no longer be served due to mental health reform. No additional county dollars are requested.

48 Nash County Travel & Tourism Fund Budget Amendment August 1, 2011 Revenue: Fund Balance Appropriated $26, Incr Expenditure: Advertising $26, Incr Summary: This amendment is necessary for Nash County Travel and Tourism to purchase visitors guide books that were not originally included in budget. All funding for tourism is from occupancy tax receipts.

49 Nash County Public Buildings Budget Amendment August 1, 2011 Revenue: Fund Balance Appropriated $2, Incr Expenditure: Ag. Center Equipment Supplies $2, Incr Summary: Two Commissioners have requested an ice machine at the Agriculture Center. This amendment appropriates an amount from fund balance for this purchase.

50 Nash County Employee Health Fund Budget Amendment August 1, 2011 Revenue: Fund Balance Appropriated $152, Incr Expenditure: Clinic Set Up $8, Incr HRA/Biometrics 23, Incr Clinic Operations 81, Incr Program Administration 35, Incr Space Configuration 5, Incr $152, Summary: Following approval at July s meeting of the Healthstat contract for the wellness clinic, this amendment appropriates funds for set up and first year operations. These costs are paid from reserves within the Employee Health Fund.

51 Nash County Commissioner s Agenda Information Sheet page 1 of 1 Date: Monday, August 1, 2011 attachments: y Item: Initiated By: Action Proposed: Proposed Memorandum of Understanding between the City of Rocky Mount, Edgecombe County and Nash County for a visioning and strategic planning process Bob Murphy, County Manager Approve Memorandum of Understanding Description: Attached is a proposed Memorandum of Understanding between the City of Rocky Mount, Edgecombe County and Nash County for a visioning and strategic planning process that would be coordinated by the SKEO group of Charlottesville,Va. Also attached is a memorandum from Peter Varney, Rocky Mount Assistant City Manager, giving the history and proposed scope of this project. The board of commissioners is asked to consider approving the memorandum of understanding. If the commissioners approve the memorandum, appointments to the steering committee can be made at a later date. Funding for the project will come from budgeted economic development funds (TDA).

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57 Nash County Commissioner s Agenda Information Sheet page _1_of _1_ Date: August 1, 2011 attachments: y or x n Item: Renewal of Franchise Agreements with Med 1 Medical Transport, North State Medical Transport, Eastern Medical Transport and K and L Transport Initiated By: Brian Brantley Action Proposed: Approval of Franchise Agreements (Second Approval as Required By General Statute) Description: Med 1 Medical Transport, North State Medical Transport, Eastern Medical and K and L Transport have applied to continue providing ambulance services to Nash County. The applications have been reviewed and the Emergency Services Director recommends approval. Each of these transport service providers will operate in the County only at the request of Nash County EMS on an as needed basis. All services have agreed to this and the Franchise Agreement will include this provision. This is the second approval as required by General Statute.

58 Nash County Commissioner s Agenda Information Sheet page _1_of _1_ Date: August 1, 2011 attachments: y or n X Item: Initiated By: Action Proposed: at Rose Hill Farm. Fireworks Permit Request Brian Brantley Approve the issuance of a fireworks permit for a September 3, 2011 display Description: The Nash County Fire Marshal s Office has received a request from Hale Artificier, Inc. to conduct a fireworks display as part of the festivities for a wedding at Rose Hill Farms on September 3, North Carolina General Statute requires that the local governing body approve the request prior to the fire official issuing a permit. It is recommended that the request be approved by the Board of Commissioners and if all requirements are met the permit will be issued by the Fire Marshal.

59 Nash County Commissioner s Agenda Information Sheet page 1 of 1 Date: Monday, August 1, 2011 attachments: Yes Item: Initiated By: Action Proposed: Appointments Wayne Moore, Clerk Consider Appointments Description: 1. The Beacon Center has one (1) member whose term expired June 30, Pearl Finch Appointed June 4, 2007 to expire June 30, 2008; reappointed June 2, 2008 to expire June 30, 2011.(Has served on Mental Health Board since mid 1980 s) *We are still waiting to hear from The Beacon Center on the eligibility of Ms. Finch sappointment. 2. The Rocky Mount Planning Board has one (1) vacancy due to the resignation of Mr. Gus Cobb.

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61 Nash County Commissioner s Agenda Information Sheet page 1 of 1 Date: Monday, August 1, 2011 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.

62 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, certifying to other counties and foreclosure of real estate.

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72 Nash County Commissioner s Agenda Information Sheet page 1 of 1 Date: Monday, August 1, 2011 attachments: Yes Item: Initiated By: Action Proposed: Tax Refunds Jim Wrenn, Tax Administrator Approve Refunds Description: The attached request for tax refunds has been reviewed by the tax assessor. The request is in order and recommended by the tax assessor.

73 REFUND REQUESTS AUGUST 1, PHYTILA RICHARD & CATHERINE NCO 2010 $ WESTWOOD DR ROCKY MOUNT NC TOTAL $ PARCEL VALUE DECREASE OF $26,920 PER APPRAISAL

74 Nash County Board of Commissioners Recessed Meeting of August 1, 2011 August 22, :00 AM AGENDA 1. Reconvene Recessed Meeting of August 1, Discussion with Rocky Mount Mayor David Combs and City Manager Charles Penney on Proposed Twin County Visioning Project. 3. Review of Proposed C & D Landfill Expansion. 4. Consideration of amended Nash Health Care Systems Nash County Operating Agreement. 5. SunTrust Lease Addendum for Mobile Data Terminal Equipment. 6. Discussion of County Welcome Signs. 7. Closed Session as permitted by N.C.G.S (a) (1), N.C.G.S (a) (3), and N.C.G.S (a) (4) for the discussion of certain confidential matters, to consult with the attorney about matters subject to the attorney-client privilege; to discuss pending litigation entitled Albright vs. Nash County ; and to consider the discussion of matters relating to an economic development project. 8. Adjournment

75 Nash County Commissioner s Agenda Information Sheet page 1 of 1 Date: Monday, August 1, 2011 attachments: y Item: Initiated By: Proposed Memorandum of Understanding between the City of Rocky Mount, Edgecombe County and Nash County for a visioning and strategic planning process Bob Murphy, County Manager Action Proposed: Approve Memorandum of Understanding Description: Attached is a proposed Memorandum of Understanding between the City of Rocky Mount, Edgecombe County and Nash County for a visioning and strategic planning process that would be coordinated by the SKEO group of Charlottesville,Va. Also attached is a memorandum from Peter Varney, Rocky Mount Assistant City Manager, giving the history and proposed scope of this project. The board of commissioners is asked to consider approving the memorandum of understanding. If the commissioners approve the memorandum, appointments to the steering committee can be made at a later date. Funding for the project will come from budgeted economic development funds (TDA).

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81 Nash County Commissioner s Agenda Information Sheet page 1 of 2 Date: Monday, August 22, 2011 attachments: y Item: Initiated By: Action Proposed: Construction and Demolition Landfill (C&DLF) Facility Expansion Project Bill Hill, Health Director Approve Procedures for Public Input Description: The currently operating 11-acre C&DLF Facility is projected to reach capacity in After careful evaluation in 2009 and 2010 of numerous C&D waste disposal options, Nash Co. Staff recommended expanding the C&DLF Facility as shown on the attached drawing. State Regulations require a two-step process for expanding the C&DLF Facility. Step 1 consists of a local government approval process and Step 2 consists of a State approval process. Staff recommends completing Step 1 at this time in order to preserve Nash County with an adequate planning horizon for C&D disposal. Please note the State approval process is anticipated to take several years to complete and construction of the Facility can only occur after all approvals are obtained. In order to complete Step 1, State Regulations require the jurisdictional local government(s) where the landfill is to be located to hold at least one public meeting to inform the community of the proposed waste management activities. The permit applicant must also notify the property owners of all property that shares a common border with the proposed facility by means of a U.S. Postal Service registered letter, return receipt requested. The local government where the landfill is to be located shall provide a public notice of the meeting at least 30 days prior to the meeting. The public notice must include a legal advertisement placed in a newspaper or newspapers serving the county and provision of a news release to at least one newspaper serving the county. The notice must give the date, time and place of the public meeting, and must describe the facility plan for the landfill, including the areal location and final elevation of all waste disposal units, the type and amount of waste to be disposed at the landfill, any other waste management activities to be conducted at the facility, and the proposed location of the entrance to the facility. The purpose of this agenda item is for the Commissioners to provide input on how to comply with the Public Notice Process as described above. The Board s vote on this Project will not be required until conclusion of the Public Notice Process. Mr. Vance Moore, P.E., Nash County s Solid Waste Consultant, will be at the Work Session to provide information and suggestions to include: Project description, including items to be public noticed. Location(s) to display the Public Noticed items for public access. Date and time for the public meeting(s). Location(s) for the public meeting(s). Advantages/disadvantages of Commissioners attending and/or conducting the Public Meeting. Recommended voting procedures upon conclusion of the Public Notice Process.

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83 Nash County Commissioner s Agenda Information Sheet page 1 of 1 Date: Monday, August 22, 2011 attachments: y Item: Initiated By: Action Proposed: Restated Operating Agreement between Nash County and Nash Health Care Systems Bob Murphy, County Manager Approval Requested Description: Attached for your review and approval is a Restated Operating Agreement between Nash County and Nash Health Care Systems. The agreement incorporates several prior amendments. The chief substantive change in the agreement is the extension of the term until December 31, 2046, as noted in Article V, paragraph This will allow the hospital to take on additional long term debt to finance various capital improvements to the hospital. It would be impossible for the hospital to obtain financing for any term beyond the current May 1, 2031 agreement expiration date. Please note one minor change in Article VI, paragraph The restated agreement will remove the exclusion of principal payments for any new bond from the amount netted out of the hospital s income in determining the annual payment to the county. While this will have little or no immediate impact, it will work to the county s advantage in the long term. The agreement has been reviewed by the county attorney and is in the process of being reviewed by the county s bond counsel. We do not anticipate any significant changes by bond counsel, but will present any recommended changes to you on Monday.

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95 Nash County Commissioner s Agenda Information Sheet page 1 of 1 Date: Monday, August 22, 2011 attachments: y Item: Initiated By: Action Proposed: SunTrust Master Lease Agreement Lynne Hobbs, Finance Director Approval Requested Description: Attached is a Resolution requiring Board approval for Equipment Schedule 4 under Suntrust Master Lease Agreement dated April 7, The equipment is replacement Mobile Data Terminals in the Sheriff s vehicles and for Inspectors. These mobile computers are scheduled for replacement every 5 years due to obsolescence and the critical nature of public safety equipment functionality. Also included are copies of the Master Lease Agreement, Exhibit A - Equipment Schedule and the Escrow Agreement.

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