FRANKLIN COUNTY BOARD OF COMMISSIONERS

Transcription

1 FRANKLIN COUNTY BOARD OF COMMISSIONERS MONDAY AUGUST 15, 2011 COUNTY ADMINISTRATION BUILDING 113 MARKET STREET LOUISBURG, NC 6:00 P.M. Recessed Meeting Begins Call to Order ITEM 1. SUBMITTAL OF THE 2012 SCHEDULE OF VALUES Jimmy Tanner, Franklin County Tax Administrator, will submit the 2012 Schedule of Values. Subsequently, the Board will be asked to accept the Schedule of Values; direct staff to have a copy of the proposed Schedule of Values available for review in the Franklin County Tax Office; direct staff to advertise as per North Carolina General Statutes; and direct staff to schedule the required public hearing. ACTION REQUESTED: Consider acceptance of the submitted 2012 Schedule of Values for review; direct staff to have a copy of the proposed Schedule of Values available for review in the Franklin County Tax Office; direct staff to advertise as per North Carolina General Statutes; and direct staff to schedule the required public hearing. 6:55 P.M. - Season of Prayer 7:00 P.M. - Official Meeting Begins - Call to Order Pledge of Allegiance ITEM 1. CONSENT AGENDA A. August 1,2011 Minutes B. Releases, Adjustments, Refunds, and Tax Collection Report ITEM 2. COMMENTS FROM THE PUBLIC This is the time set aside by the Board of Commissioners to allow individuals five minutes to address the Board on issues concerning the county.

2 ITEM 3. PUBLIC HEARING A. Text Amendment to the Franklin County Unified Development Ordinance. Chapter One General Provisions. Article 3, Permits and Procedures, Section 3-1: Permit Required ACTION REQUESTED: Conduct public hearing and consider text amendment. B. Text Amendment to the Franklin County Unified Development Ordinance, Section 2-1: Word Interpretation, Section 6-2: Notes to the Table of Permitted Uses, and Section 23-3: Extension or Enlargement of Nonconforming Situations concerning unenclosed canopies. ACTION REQUESTED: Conduct public hearing and consider adoption of text amendment. C. Text Amendment to the Ordinance, Section 26-3: Adiustment, (C) Conditional Franklin Powers Uses. County Unified Development and Duties of the Board of ACTION REQUESTED: Conduct public hearing and consider adoption of text amendment. D. Text Amendment to the Franklin County Unified Development Ordinance, Section 2-2: Definition of Basic Terms, and the addition of Article 15B. Public Safety Telecommunication Tower Regulations. ACTION REQUESTED: Conduct public hearing and consider adoption of text amendment. ITEM 4. UPDATE: BOYS AND GIRLS CLUB, FRANKLIN UNIT The Board will receive an update on the Boys and Girls Clubs Franklin Unit. The club s Youth of the Year will also be introduced to the Board. ACTION REQUESTED: No action required. ITEMS. HILL ROAD GRAVITY SEWER - REBID On Tuesday, August 2, 2011, bids were received by Franklin County for the installation of the Hill Road Gravity Sewer line. Four of five responsive bids were opened and read ranging from $383,210 to the low bid submitted by Corbett Contracting, Inc. of $340,610. Based upon the bids received and references confirmed, Public Utilities Director Bryce Mendenhall recommended the bid be awarded to Corbett Contracting, Inc. for the project as listed,

3 ACTION REQUESTED: Consider bid award to Corbett Contracting, Inc. in the amount of $340,610. ITEM 6. ITEM 7. OTHER BUSINESS APPOINTMENTS A. Agriculture Board The Board is asked to consider the appointment of John Daniel to the Agriculture Board for a three-year term. If appointed, Mr. Daniel would represent the Louisburg Township. ACTION REQUESTED: Consider appointing John Daniel to the Agriculture Board. ITEM 8. BOARD. MANAGER AND CLERK S COMMENTS This is the time set aside for the Board of County Commissioners, the County Manager, and the Clerk to the Board to report on various activities. The Board may also discuss other items of interest. ITEM 9. CLOSED SESSION The Board is asked to consider entering into closed session pursuant to NCGS (a)(3) to consult with an attorney employed or retained by the public body in order to preserve the attorney-client privilege between the attorney and the public body, which privilege is hereby acknowledged.

4 business plan to resolve the dispute in a manner beneficial to all. Chairman Dunston called the meeting to order and asked the Board to consider approval of the consent agenda. Commissioner Swanson made the motion to approve The Board of Commissioners of Franklin County, North Carolina, met for its Regular Commission (EDC) and Franklinton s Water and Sewer System. He asked for a full report from the EDC detailing all expenditure, new and/or expanded businesses and 2012 budget by publishing their plans, objectives and goals. Additionally, he Collector (four-year term) wasting tax dollars. He suggested a temporary commission be assembled to review County and the customers. He volunteered to lead the commission to write the The items approved are as follows. all present voting AYE. the consent agenda, seconded by Commissioner McGhee. The motion duly carried with the number of new jobs created in the budget year. He also stated recommended the County and the Town of Franklinton to drop their lawsuits and taxpayers deserve a complete report on how the EDC plans to spend their the facts/data and develop a business plan that supports Franklinton, Franklin dismiss its lawyers with regards to the recent water dispute and said both are C. CPT Rate (Environmental Health Fees) B. July 11,2011 Minutes A. June 14,2011 Minutes D. Consider the re-appointment of Bobbie Gravitt, Franklin County Deputy Tax Lytle offered comments relative to the Franklin County Economic Development August 1,2011 ITEM 1-A Mr. Roger Lytte, 571 Williams White Road, Zebulon, NC minutes to address the Board on issues concerning the county. This was the time set aside by the Board of Commissioners to allow individuals five 2. COMMENTS FROM THE PUBLIC 1. CONSENT AGENDA and David T. Bunn. Vice-Chairman E. Shane Mitchell was absent. Meeting at 7:00 P.M. in the Commissioner s Conference Room located in the County Administration Building with the following Commissioners present: Chair Sidney E. Duriston, Donald C. Lancaster, Harry L. Foy, Jr., Penny McGhee, Robert L. Swanson

5 3. MIRACLE LEAGUE OF FRANKLIN COUNTY The Miracle League of Franklin County is a baseball league for children with physical and/or mental disabilities. The league requested $145,000 from the Long Mill Elementary School District s Payment in Lieu for Recreational Dedication Funds in order to assist with the development of a field and accommodations at Long Mill Elementary School. The approval and disbursement of County funds is contingent upon sufficient alternative revenue sources being secured to complete Phase 1 of the project. A lease agreement between the league and Franklin County Schools has already been executed. Donna Wade, Executive Director of the Franklin County Miracle League provided the following PowerPoint presentation (below) along with a brief video that presented the mission of the league, the children that stand to benefit from the project and details of the three-phase phase plan. The Miracle League of Franklin County History & Facts about Miracle League? The first Miracle League tied opened In - Conyer, Georg a in April 2000 The Miracle League has spread throughout 45 states, Puerto Rico, and Canada E ery Ch Id Deserves a Chance to. There are 250+ Mirade League Organizations Play Baseball se ng 200,000+ What is the Miracle League? The Mirac e League feld s the size of a standard T Ball field. The Mirac e League teams play on a custom des gned, ubberized Turf field that accommodates whee chairs and other assertive devices whi e helping to prevent njur es. nspi in Ii

6 The Miracle League Video r They have the determination, They have the drive, 1 They have the heart, Now all they need s a fie d

7 Franklin County 110 families Warren County 64 families Cranville County 194 families Pictures of The Miracle League Vance County 310 families of High Point Total: 978 families

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10 was also in attendance along with Architect Jon Long representing MBAJ Architecture. proposed field is just as important as anything we have ever built and maybe even Schools wiji manage construction and administration. assist with the project. He said plans have already been reviewed and endorsed Elementary School District s Payment in Lieu for Recreational Dedication Funds to they should not be. He stated construction would begin after the funding is received to complete the project and suggested the architect be brought on board soon. Commissioner Lancaster commented he is a supporter of recreation and stated he Commissioner McGhee then made a motion to approve the use of $145,000 Payment in order to assist with the development of a field and accommodations for the Miracle with assistance from Franklin County Schools and MBAJ Architecture. Franklin County He said the project would be supervised by County Finance Director Charles Murray unanimously by the County s Parks and Recreation Advisory Board. He stated the more important. alternative revenue sources being secured to complete Phase 1 of the project. The the group is thankful. and sewer. The developer has cited current economic conditions as the reason for not League of Franklin County. County funding to remain contingent upon sufficient Forest City requested their existing phasing plan be modified to extend it approximately one year from its original approval granted in 2009 to serve 250 lots with County water Lieu for Recreational Dedication Funds from the Long Mill Elementary School District in Mrs. Wade thanked the Board for its support and added there are no wheel chair 4. UTILITY ALLOCATION REQUEST FOREST CITY SUBDIVISION stated he would assist with a donation. accessible playgrounds available to children in the Franklin, Vance, Warren County areas. She stated the closest is located in Cary. On behalf of Miracle League she stated would be glad to fully fund the project if he had the personal finances to do so. He motion was seconded by Commissioner Foy and duly carried approval with all present voting AYE. Mr. Piper asked the Board to consider approval of $145,000 from the Long Mill Mr. Piper stated the project is divided into three phases with Phase 1 totaling $373,450. Mr. Piper stated often special needs children and their families are overlooked and said Tommy Piper, Franklin County Schools Assistant Superintendent for Auxiliary Services,

11 No additional business items were discussed. 5. W!NSTON RIDGE SUBDIVISION IMPROVEMENTS 6. OTHER BUSINESS provided by County tax dollars. He also stated a contract is in place with an engineer to Subdivision. The motion was seconded by Commissioner McGhee and duly carried in the amount of $209,007 for improvements within Phase 1 of Winston Ridge development need repairs prior to their inclusion into the North Carolina Department of developer will cover the cost of the work without utilization of County funds. Bids have associated utilities for Forest City Subdivision, seconded by Commissioner McGhee. agreements for Phase 1 of the subdivision. The roadways within the initial phase of Commissioner Lancaster made the motion to approve the modified phasing plan and The motion duly carried approval with all present voting AYE. request and stated the subdivision was located adjacent to the new Franklinton High been received ranging from $296,549 to $209,007 for completion of the necessary work Scoff Hammerbacher, Planning and Inspections Director, offered a summary of the meeting phasing plan milestones. The request has been reviewed and recommend for approval by the Public Utilities Advisory Committee. Transportation s road maintenance program. The letter of credit provided by the and certified by the engineer for the project. The apparent low bidder, Raleigh Paving, at a cost of $209,007 has been selected to perform the work subject to the Board s develop the bid documents and scope of work with the North Carolina Department of School. The previous developer of Winston Ridge Subdivision defaulted on improvement approval. Scott Hammerbacher, Planning and Inspections Director, stated the funding will not be Transportation. He stated homeowners would be informed well in advance and said they would have an opportunity to provide feedback. approval with all present voting AYE. Commissioner Lancaster made a motion to award a paving contract to Raleigh Paving

12 Mitchell, Cooperative Extension Director, stated there are no bylaws for the of interest. Mr. Mitchell stated the Board of Commissioners makes the ultimate Mobley, Franklin County Cooperative Extension Agriculture Agent. Mrs. Mobley He said if there where no others available to serve in that capacity he may advise differently, but said if there are others willing to serve it may not be appropriate down as an advisor. Mr. Mitchell stated that as employee, it is vital that Mrs. Harris stated she did not believe the Board s bylaws addressed kinship. Charles Commissioner Lancaster asked if Steve Mobley was the spouse of Martha also serves as an advisor to the Agriculture Board. County Manager Angela Steve Mobley, Louisburg Township (appointment) Bob Sykes, Youngsville Township (appointment) Mobley act as an advisor. He reminded Commissioners that Mrs. Mobley is not Commissioner Swanson asked if appointing Mr. Mobley would present a conflict that board member, then there is potential the board member may make motions Board, but stated the ordinance does not address kinship. He stated, he The Board was asked to consider the appointment/reappointment of the following citizens to the Agriculture Board for three-year terms. decision regarding membership. County Attorney Darnell Gallon stated even though appointing Mr. Mobley may not be a legal conflict of interest, he stated to the extent the advisor to the Advisory Board has a role and the Board members have roles, and to the extent the advisor to that Board has any influence over any other issues as they see fit regarding the agricultural community. that an advisor has that type of relationship to one of the board members. Commissioner Foy asked if the issue would be resolved if Mrs. Mobley stepped the Agriculture Board including himself. He said the role of an advisor is not to personally, did not see a conflict of interest if Mr. Mobley was appointed to serve. and direct action in response to the special wishes of the advisor of that board. direct the board but ultimately to support the Voluntary Agriculture Program and A. Agriculture Board Mr. Mitchell stated that all agriculture agents will soon be serving as advisors to APPOINTMENTS Brent Strickland, Harris Township (reappointment) an appointed member that serves on the Agriculture Board.

13 voting NO. Franklin County Library summer reading program would have two celebrations planned on the County s website to boards and commissions and asked that interested citizens for August 9 and 10, 2011 at 5:30 P.M. in Franklinton and Youngsville respectively. He Commissioner Foy: Commissioner Foy informed fellow board members that the Extension Advisory Leadership Council. Commissioner Dunston stated he felt if more appropriate that Mr. Mobley served on a board that his spouse did not Short to the Juvenile Crime Prevention Council, seconded by Commissioner McGhee. The motion duly carried with all present voting AYE. Strickland to serve three-year terms on the Agriculture Board, seconded by This was the time set aside for the Board of County Commissioners, the County Manager, and the Clerk to the Board to report on various activities. The Board may also apply if they wish to volunteer. She also mentioned the grand opening celebration of the new Franklinton High School is scheduled for August 18, 2011 at 5:30 P.M. 8. BOARD, MANAGER AND CLERK S COMMENTS B. Juvenile Crime Prevention Council serve on. Mr. Mitchell stated Mr. Mobley could serve on the Cooperative serve could not create a conflict especially if the actions of the Agriculture Board came into question. discuss other items of interest. Commissioner Dunston asked if there was another board that Mr. Mobley could advise. Commissioner McGhee stated she did not see how appointing Mr. Mobley to Commissioner Lancaster then made a motion to appoint Bob Sykes and Brent The Board was asked to consider the appointment of the following citizens to the Juvenile Crime Prevention Council for two-year terms. Commissioner Lancaster made a motion to appoint Renale Giles and Jennifer Commissioner Bunn. The motion was approved 5 to 1 with Commissioner Foy Renale Giles (at-large position) Jennifer Short (Chief Court Counselor or designee) Clerk to the Board Kristen G. King: Mrs. King mentioned there are vacancies listed

14 day he learned from a telephone call from NBC 17 News that the SBI has completed General s office. He stated his understanding that Mr. Green made incriminating a Town Manager. $340,000 more than received the previous fiscal year which decreased the percentage is Disability Awareness Month. Parks and Recreation as well as the County Attorney. Commissioner David Bunn: No comments were offered. Commissioner Lancaster: In reference to recent allegations of embezzlement by staff aware of any additional information regarding the investigation at this time. their investigation and has turned it over to a special prosecutor in the Attorney planning needs. Mr. Hammerbacher responded positively. The town is currently without Director Scott Hammerbacher if his office could provide support in relation to the town s Franklin County Sheriff Pat Green. County Attorney Darnell Batton stated earlier in the for in the amount of approximately $871,500. She said the settlement is Board of Health. She said the Health Department received a Medicaid cost settlement involuntary annexation. She also provided an update from a recent meeting of the Commissioner McGhee: Commissioner McGhee provided an update following a released with regard to the SBI (State Bureau of Investigation) investigation of former statements in an interview he participated in on June 14, He said he was not County Manager Angela L. Harris: Mrs. Harris noted the following. departments were involved in planning for the project including Finance, Planning, in order to get their project to where they are today. She stated several county County Miracle League, and others on a great deal of work that has been completed Commissioner Swanson: No comments were offered. Commissioner Dunston: No comments were offered. 8 percent. Harris commended Mrs. Donna Wade, Executive Director of the Franklin of appropriated money to that part of the Health Department budget from 13 percent to invited citizens to attend. Commissioner Foy then asked if any results had been NCACC Legislative briefing she received recently with regards to misdemeanants and of the Town of Youngsvilie, Commissioner Lancaster asked Planning and Inspections October Mrs. Commissioner Mitchell: Commissioner Mitchell was absent.

15 The Board was asked to consider entering into closed session pursuant to NCGS 143- order to preserve the attorney-client privilege between the attorney and the public body, Chairman Dunston announced that no action was taken as a result of the closed Commissioner Swanson made the motion to enter into closed session pursuant to Commissioner McGhee and carried 6 to 1, with Commissioner Foy voting NO. Commissioner Lancaster then made a motion to recess until August 15, 2011 at 6:00 Commissioner Bunn and duly carried approval with all present voting AYE. (The Sidney E. Dunston, Chair Kristen G. King, Clerk to the Board session. Following the closed session, Commissioner Lancaster made the motion to enter back body in order to preserve the attorney-client privilege between the attorney and the which privilege is hereby acknowledged. public body, which privilege is hereby acknowledged. The motion was seconded by (a)(3) to consult with an attorney employed or retained by the public body in NCGS (a)(3) to consult with an attorney employed or retained by the public Board s regular meeting will follow at 7:00 P.M. on August 15, CLOSED SESSION with all present voting AYE. into open session, seconded by Commissioner Bunn. The motion duly carried approval P.M. for the purpose of a revaluation discussion. The motion was seconded by

16 ITEM 1-B County offranklin North Carolina Office of Tax Collector MEMORANDUM TO: FROM: Franklin County Commissioners Bobbie N. Gravitt, Deputy Tax Collector DATE: August 15, 2011 SUBJECT: Releases, Adjustments, Refunds, and Tax Collection Report Please review and approve the below report of the July releases, adjustments, refunds, and tax collection report. Total release amount for July, $15, (Total release amount for July, 2010, - $10,947.81) Total adjustment amount for July, $ (Total adjustment amount for July, $ ) Total refund amount for July, $3, (Total refund amount for July, $639.65) Attached is a summary of the Tax Collection Report as of July31, Please do not hesitate to contact the Tax Collector s Office if you desire more detailed information. BNG Attachment Post Office Box 503 / 215 East Nash Street Louisburg, North Carolina Telephone: (919) Fax: (919)

17 08/01/ :38 FRANKLIN COUNTY TAX COLLECTOR PG 12 ACCOUNTS RECEIVABLE SUMMARY REPORT arncsmrp YTD (01/01/2011) JUL 2011 bgravitt CNG BEGINNING YTD YTD ITO YTI) YTI) YTO YTO YTO CODE RECEIVABLE LEVY & PEN RELEASES ADJUSTMTS REFUNDS PAYMENTS DISC & WO RECEIVABLE INTEREST I T61L I T I T62L I T I TAGRUN I TAGFRA I TAGLOU I TAGWA]( TAGYOU L, thru

18 08/01/ :38 FRANKLIN COUNTY TAX COLLECTOR PG 11 bgravitt ACCOUNTS RECEIVABLE SUMMARY REPORT arncsmrp YTD (01/01/2011) thru JUL 2011 CHG BEGINNING YTO YTD YTD YTD YTD YTD YTD YTD CODE RECEIVABLE LEVY & PEN RELEASES ADJUSTMTS REFUNDS PAYMENTS DISC & WO RECEIVABLE INTEREST (C F F2OL F F21L F F22L F F23L F F24L F F25L F F26L F F27L F F28L F F29L F F3OL F F31L P F33L FCO FCOL NSF R T T59L T T6OL T C, T6OL T TElL T T62L T T63L TAGBUN TAGFRA TAGLOU TAGWAK TAGYOU

19 ITEM 3-A Franklin County Commissioner s Agenda Information Sheet Date: August 15, 2011 attachment(s) Item: Text Amendment to the Franklin County Unified Development Ordinance, Chapter One General Provisions, Article 3. Permits and Procedures, Section 3-1: Permit Required. Initiated by: Franklin County Planning & Inspections Department Action proposed: Consider adoption of a text amendment to the Franklin County Unified Development Ordinance (UDO) to amend Article 3. Permits and Procedures, Section 3-1: Permit Required. Summary of Request - The Planning Board is proposing to amend the Franklin County Unified Development Ordinance (UDO), Article 3. Permits and Procedures, Section 3-1: Permit Required in order to provide staff with a mechanism to require a survey if a request appears to be close to violating setback requirements. - The Planning Board feels this will help to eliminate potential setback violations in the future. ARTICLE 3. PERMITS AND PROCEDURES Section 3-1: Permit Required (A) No person shall undertake any development activity subject to this Ordinance except in accordance with and pursuant to one of the following permits: (1) A zoning permit or sign permit issued by the Administrator; (2) A special use permit issued by the Board of Commissioners; (3) A conditional use permit issued by the Zoning Board of Adjustment; (4) A watershed protection permit issued by the Administrator; or (5) An airport overlay district permit issued by the Administrator. (B) Zoning permits, sign permits, special use permits, and conditional use permits are issued under this Ordinance only when a review of the

20 application submitted, including two copies of the site plans contained therein, indicates that the development will comply with the provisions of this Ordinance if completed as proposed. Such plans and applications as are finally approved are incorporated into any permit issued, and except as otherwise provided herein, all development shall occur strictly in accordance with such approved plans and applications. Requests for permit approval must be submitted on an approved Franklin County Septic and Zoning Permit Application. Instructions on how to obtain a building permit are provided in Appendix I. Note: As a rule, staff has the authority to require a certified Dlot DIan by a registered surveyor anytime the footprint of a primary or accessory structure changes. This includes decks, porches, and storaae buildings. However, staff does have the authority to waive the survey if the construction is obviously not in the proximiw of any setbacks or easements. (C) Physical improvements to land to be subdivided may not be commenced except in accordance with a major subdivision plat approved pursuant to Section 28-4 or a minor subdivision plat approved pursuant to Section Planning Board Action: The Planning Board by majority vote recommended approval of the proposed text amendment at their July 12, 2011 meeting. The Planning Board s summary of evidence from their July 12, 2011 meeting is attached for your review.

21 Petition Approved SUMMARY OF EVIDENCE TEXT AMENDMENT TO THE FRANKLIN COUNTY UNIFIED DEVELOPMENT ORDINANCE (UDO) TO AMEND ARTICLE 3. PERMITS AND PROCEDURES, SECTION 3-1: PERMIT REQUIRED On July 12, 2011, the Franklin County Planning Board held a public meeting regarding this request and made the following recommendation: The Planning Board by majority vote recommended approval of the proposed text amendment to the Franklin County Unified Development Ordinance (UDO) to amend Article 3. Permits and Procedures, Section 3-1: Permit Required. Findin2s of Fact: - The Planning Board is proposing to amend the Franklin County Unified Development Ordinance (UDO), Article 3. Permits and Procedures, Section 3-1: Permit Required in order to provide staff with a mechanism to require a survey if a request appears to be close to violating setback requirements. - The Planning Board feels this will help to eliminate potential setback violations in the future. Special Conditions recommended by the Plannin2 Board: Date: 7-12-Il Henry Nelms Chairman, Franklin County Planning Board Decision of the Franklin County Board of Commissioners: Petition Denied Chairman, Franklin County Board of Commissioners

22 AN ORDINANCE AMENDING THE FRANKLIN COUNTY UNIFIED DEVELOPMENT ORDINANCE (TEXT) TO AMEND CHAPTER ONE - GENERAL PROVISIONS, ARTICLE 3. PERMITS AND PROCEDURES, SECTION 3-1: PERMIT REQUIRED WHEREAS, the Franklin County Board Of Commissioners has reviewed said petition and favorably recommends amendment per the requirements of the Franklin County Unified Development Ordinance; and, WHEREAS, a public hearing of the Board Of Commissioners has been scheduled, duly advertised, per the requirements of G A, and conducted on August 15, 2011, and, NOW, THEREFORE, BE IT ORDAINED that the Board Of Commissioners has acted favorably on the petition and provides the following amending ordinance. SECTION I That the Franklin County Unified Development Ordinance be amended as follows: Article 3. PERMITS AND PROCEDURES Section 3-1: Permit Required (A) No person shall undertake any development activity subject to this Ordinance except in accordance with and pursuant to one of the following permits: (1) A zoning permit or sign permit issued by the Administrator; (2) A special use permit issued by the Board of Commissioners; (3) A conditional use permit issued by the Zoning Board of Adjustment; (4) A watershed protection permit issued by the Administrator; or (5) An airport overlay district pennit issued by the Administrator. (B) Zoning permits, sign permits, special use permits, and conditional use permits are issued under this Ordinance only when a review of the application submitted, including two copies of the site plans contained therein, indicates that the development will comply with the provisions of this Ordinance if completed as proposed. Such plans and applications as are finally approved are incorporated into

23 any permit issued, and except as otherwise provided herein, all development shall occur strictly in accordance with such approved plans and applications. Requests for permit approval must be submitted on an approved Franklin County Septic and Zoning Permit Application. Instructions on how to obtain a building permit are provided in Appendix I. Note: As a rule, staff has the authority to require a certified plot ulan by a registered surveyor anytime the footprint of a primary or accessory structure chatmes. This includes decks, porches, and storage buildings. However, staff does have the authority to waive the survey if the construction is obviously not in the proximity of any setbacks or easements. (C) Physical improvements to land to be subdivided may not be commenced except in accordance with a major subdivision plat approved pursuant to Section 28-4 or a minor subdivision plat approved pursuant to Section SECTION II That this ordinance shall become effective upon its adoption. Adopted this the 15th day of August, Chairman, Franklin County Board Of Commissioners Clerk, Franklin County Board Of Commissioners

24 ITEM 3-B Franklin County Commissioner s Agenda Information Sheet Date: August 15, 2011 attachment(s) Item: Text Amendment to the Franklin County Unified Development Ordinance, Section 2-1: Ward Interpretation, Section 6-2: Notes to the Table of Permitted Uses, and Section 23-3: Extension or Enlargement of Nonconforming Situations concerning unenclosed canopies. Initiated by: Franklin County Planning & Inspections Department Action proposed: Consider adoption of a text amendment to the Franklin County Unified Development Ordinance (UDO) to amend Section 2-1: Word Interpretation, Section 6-2: Notes to the Table of Permitted Uses, and Section 23-3: Extension or Enlargement of Nonconforming Situations. Summary of Request: - The Planning Board is proposing to amend the Franklin County Unified Development Ordinance (UDO), Section 2-1: Word Interpretation, Section 6-2: Notes to the Table of Permitted Uses, and Section 23-3: Extension or Enlargement of Nonconforming Situations in order to provide staff with a mechanism to regulate Unenclosed Canopies. - Currently the UDO does not provide staff with a definitive definition or requirements for Canopies. Section 2-1: Word Interpretation (371) Unenclosed Canopy. A permanent structure made of metal or other material attached or unattached to a building for the purpose of providing shelter to patrons, automobiles or associated equipment. (subsequent definitions to be renumbered) Section 6-2: Notes to the Table of Permitted Uses Note. 4 (L) No proposed Unenclosed Canov may extend within 10 (10) feet of a lot line. nor within twenty (20) feet of a right of way line. Section 23-3: Extension or Enlargement of Nonconforming Situations IG) Unenclosed Canopy. The intent of this section is to permit one exdansion of a gas station canopy, drive-through bank canopy, or similar use. The said

25 any right-of-ways. Planning Board Action: provided that the expansion does not exceed 1000 square feet. nor encroach into of evidence from their July 12, 2011 meeting is attached for your review. text amendment at their July 12,2011 meeting. The Planning Board s summary The Planning Board by unanimous vote recommended approval of the proposed of the primary structure which existed prior to the adoption of this Ordinance: canopy shall be limited to an expansion of (3 three times the enclosed floor area

26 Petition Approved SUMMARY OF EVIDENCE TEXT AMENDMENT TO THE FRANKLIN COUNTY UNIFIED DEVELOPMENT ORDINANCE (UDO) TO AMEND SECTION 2-1: WORD INTERPRETATION, SECTION 6-2: NOTES TO THE TABLE OF PERMITTED USES, AND SECTION 23-3: EXTENSION OR ENLARGEMENT OF NONCONFORMING SITUATIONS On July 12, 2011, the Franklin County Planning Board held a public meeting regarding this request and made the following recommendation: The Planning Board by unanimous vote recommended approval of the proposed text amendment to the Franklin County Unified Development Ordinance (UDO) to amend Section 2-1: Word Interpretation, Section 6-2: Notes to the Table of Permitted Uses, and Section 23-3: Extension or Enlargement of Nonconforming Situations concerning unenclosed canopies. Findings of Fact: - The Planning Board is proposing to amend the Franklin County Unified Development Ordinance (UDO), Section 2-1: Word Interpretation, Section 6-2: Notes to the Table of Permitted Uses, and Section 23-3: Extension or Enlargement of Nonconforming Situations in order to provide staff with a mechanism to regulate Unenclosed Canopies. - Currently the UDO does not provide staff with a definitive definition or requirements for Canopies. Special Conditions recommended by the Planning Board: Date: Henry Nelms Chairman, Franklin County Planning Board Decision of the Franklin County Board of Commissioners: Petition Denied Chairman, Franklin County Board of Commissioners

27 AN ORDINANCE AMENDING THE FRANKLIN COUNTY UNIFIED DEVELOPMENT ORDINANCE (TEXT) TO AMEND SECTION 2-2: DEFINITIONS OF BASIC TERMS, SECTION 6-2: NOTES TO THE TABLE OF PERMITtED USES, AND SECTION 23-3: EXTENSION OR ENLARGEMENT OF NONCONFORMING SITUATIONS WHEREAS, the Franklin County Board Of Commissioners has reviewed said petition and favorably recommends amendment per the requirements of the Franklin County Unified Development Ordinance; and, WHEREAS, a public hearing of the Board Of Commissioners has been scheduled, duly advertised, per the requirements of G. S. 1 53A, and conducted on August 15, 2011, and, NOW, THEREFORE, BE IT ORDAINED that the Board Of Commissioners has acted favorably on the petition and provides the following amending ordinance. SECTION I That the Franklin County Unified Development Ordinance be amended as follows: Article 2., Section 2-2: Definitions of Basic Terms (371) Unenclosed Canopy. A permanent structure made of metal or other material attached or unattached to a building for the purpose of providing shelter to patrons, automobiles or associated equipment. (subsequent definitions to be renumbered) Article 6., Section 6-2: Notes to the Table of Permitted Uses Note 4 Accessory Uses, Building, and Structures. (L) No proposed Unenclosed Canopy may extend within 10 (10) feet of a lot line, nor within twenty (20) feet of a right of way line. Article 23., Section 23-3: Extension or Enlargement of Nonconforming Situations (G) Unenclosed Canopy. The intent of this section is to permit one expansion of a gas station canopy, drive-through bank canopy, or similar use. The said canopy shall be limited to an expansion of(3) three times the enclosed floor area of the

28 primary structure which existed prior to the adoption of this Ordinance: provided that the exnansion does not exceed 1000 siuare feet. nor encroach into any rightof-ways. SECTION II That this ordinance shall become effective upon its adoption. Adopted this the 15th day of August, Chairman, Franklin County Board Of Commissioners Clerk, Franklin County Board Of Commissioners

29 Franklin County Date: August 15, 2011 attachment(s) Commissioner s Agenda Information Sheet public hearing prior to rendering a decision on the Conditional Use Conditional Use Permit shall accompany the application for a Permit, and if approved, shall include approval of such plans as Zoning Permit. The application for the Conditional Use Permit shall shall find: may be required. In approving the permit, the Board of Adjustment the Board of Adjustment. The Board of Adjustment shall hold a Administrator after approval by the Board of Adjustment for the be filed twenty-one (21) working days prior to the date of review by uses as designated in the district regulations. The application for a (2) Procedure. A Conditional Use Permit may be issued by the Zoning (C) Conditional Uses. by the County Board of Adjustment. Procedure and Section 7-2 Procedure for Conditional Use Permit Granted Powers and Duties of the Board of Adjustment (C) Conditional Use of the Board of Adjustment (C) Conditional Uses. Development Ordinance (UDO) to amend Section 26-3: Powers and Duties - The - Planning Staff discovered some inconsistency within the Section 26-3: - Section - The approval of this amendment will correct this inconsistency does not list the required four findings of fact. Planning Board is proposing to amend the Franklin County Unified Summary of Request: and Duties of the Board of Adjustment, (C) Conditional Uses. County Unified Development Ordinance (UDO) to amend Section 26-3: Powers Action proposed: Consider adoption of a text amendment to the Franklin Initiated by: Franklin County Planning & Inspections Department Section 26-3: Powers and Duties of the Board of Adjustment, (C) Conditional Uses. Item: Text Amendment to the Franklin County Unified Development Ordinance, ITEM 3-C

30 (b) That the use meets all required conditions and submitted and approved; proposed and developed according to the plan as text amendment at their July 12, 2011 meeting. The Planning Board s summary specifications; developed according to the plans as submitted and approved, will be in harmony with the area in which it that the use is a public necessity: and health, safety, or general welfare if located where (a) That the use will not materially endanger the public (c) That the use will not adversely affect the use or any physical attribute of adioininci or abutting property, or (d) That the location and character of the use, if is to be located and in general conformity with the plan of dovolopmontoftho County Franklin County Land Use Plan. Planning Board Action: The Planning Board by unanimous vote recommended approval of the proposed of evidence from their July 12, 2011 meeting is attached for your review.

31 Petition Approved SUMMARY OF EVIDENCE TEXT AMENDMENT TO THE FRANKLIN COUNTY UNIFIED DEVELOPMENT ORDINANCE (UDO) TO AMEND SECTION 26-3: POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT, (C) CONDITIONAL USES On July 12,2011, the Franklin County Planning Board held a public meeting regarding this request and made the following recommendation: The Planning Board by unanimous vote recommended approval the proposed text amendment to the Franklin County Unified Development Ordinance (UDO) to amend Section 26-3: Powers and Duties of the Board of Adjustment, (C) Conditional Uses. Findings of Fact: - The Planning Board is proposing to amend the Franklin County Unified Development Ordinance (UDO) to amend Section 26-3: Powers and Duties of the Board - Planning Staff discovered some inconsistency within the Section 26-3: Powers and Duties of the Board of Adjustment (C) Conditional Use Procedure and Section 7-2 Procedure for Conditional Use Permit Granted by the County Board of Adjustment. - Section 26-3 does not list the required four findings of fact. - The approval of this amendment will correct this inconsistency. of Adjustment (C) Conditional Uses. of Snecial Conditions recommended by the Planning Board: Date: 7-12-li Henry Nelms Chainnan, Franklin County Planning Board Decision of the Franklin County Board of Commissioners: Petition Denied Chairman, Franklin County Board of Commissioners

32 AN ORDINANCE AMENDING THE FRANKLIN COUNTY UNIFIED DEVELOPMENT ORDINANCE (TEXT) TO AMEND ARTICLE 26. ADMINISTRATIVE MECHANISMS, SECTION 26-3: POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT, (C) CONDITIONAL USES WHEREAS, the Franklin County Board Of Commissioners has reviewed said petition and favorably recommends amendment per the requirements of the Franklin County Unified Development Ordinance; and, WHEREAS, a public hearing of the Board Of Commissioners has been scheduled, duly advertised, per the requirements of G. S. 153A, and conducted on August 15, 2011, and, NOW, THEREFORE, BE IT ORDAINED that the Board Of Commissioners has acted favorably on the petition and provides the following amending ordinance. SECTION I That the Franklin County Unified Development Ordinance be amended as follows: ARTICLE 26. ADMINISTRATIVE MECHANISMS, Section 26-3: Powers and Duties of the Board of Adjustment (C) Conditional Uses. (2) Procedure. A Conditional Use Permit may be issued by the Zoning Administrator after approval by the Board of Adjustment for the uses as designated in the district regulations. The application for a Conditional Use Permit shall accompany the application for a Zoning Permit. The application for the Conditional Use Permit shall be filed twenty-one (21) working days prior to the date of review by the Board of Adjustment. The Board of Adjustment shall hold a public hearing prior to rendering a decision on the Conditional Use Permit, and if approved, shall include approval of such plans as may be required. In approving the permit, the Board of Adjustment shall find:

33 developed according to the plan as submitted and approved; specifications; (b) That the use meets all required conditions j4 Commissioners Clerk, Franklin County Board Of Commissioners Chairman, Franklin County Board Of Adopted this the 15th day of August, SECTION II That this ordinance shall become effective upon its adoption. the use is a public necessity; and general conformity with the plan of dcvelopment of the physical attribute of adjoining or abutting property, or that County Franklin County Land Use Plan. according to the plans as submitted and approved, will be (c) That the use will not adversely affect the use or any (d) That the location and character of the use, if developed in hamiony with the area in which it is to be located and in safety, or general welfare if located where proposed and (a) That the use will not materially endanger the public health,

34 ITEM 3-D Franklin County Commissioner s Agenda Information Sheet Date: August15, 2011 attachment(s) Item: Text Amendment to the Franklin County Unified Development Ordinance, Section 2-2: Definition of Basic Terms, and the addition of Article I SB. Public Safety Telecommunication Tower Regulations. Initiated by: Franklin County Planning & Inspections Department Action proposed: Consider adoption of a text amendment to the Franklin County Unified Development Ordinance (UDO) to amend Section 2-2: Definition of Basic Terms, and to add Article I SB. Public Safety Telecommunication Tower Regulations. Summary of Request: - The Planning Board is proposing to amend the Franklin County Unified Development Ordinance (UDO) to amend Section 2-2. Definition of Basic Terms and Article 15. Telecommunication Tower Regulations to include Article I SB. Public Safety Telecommunication Tower Regulations. - The Planning Board is proposing to amend the UDO Article 15 Telecommunications Tower Regulations in order to allow public safety telecommunication towers as a permitted use rather than requiring applicants to seek a conditional use permit. - Public safety telecommunication towers host the County s communications infrastructure, providing vital services such as E-91 I dispatching. - Additionally, the proposed amendment would allow other state and federal entities to seek approval for emergency communication facility at an administrative level. - The - The Planning Board has found that the current ordinance as written is intended more for wireless telecommunication facilities rather than meeting the needs for public safety facilities which are crucial to public health and safety. proposed amendment has many of the same requirements as set forth within the current telecommunication ordinance. Recommended changes include the allowance of taller towers, decreased setbacks, tower types and requirements for location. - Telecommunication towers can only be requested as a conditional use in the following districts; Agriculture Residential (AR), Residential 40 (R-40), Rural Business (RB), Highway Business (HB), Office-Institutional (Oil), Light Industrial (LI), Heavy Industrial (HI), Mixed Use (MU), Residential (30) and General Business (GB). The proposed amendment would allow all public safety telecommunication towers to be located in any zoning district as a permitted use provided all proposed regulations were adhered to. - The - Legal County s Board of Adjustment recently approved two towers intended to provide public safety communications. challenges to those approvals are currently jeopardizing the County s ability to provide public safety services in the most effective manner to its citizens. - The proposed amendment will help ensure that towers intended with the primary purpose of providing public safety communications meet many of the same

35 requirements as wireless facilities but allow for administrative review and approval in order to ensure that these facilities can be permitted at a staff level. - This will provide a reasonable assurance that public safety communication services are not compromised and provide for the utmost safety for Franklin County citizens. Section 2-2: Definition of Basic Terms (365) Telecommunications Tower and Telecommunications Site and Personal Wireless Facility. A structure, facility or location designed, or intended to be used as, or used to support antennas or other transmitting or receiving devices. This includes without limit, towers of all types and kinds and structures that employ camouflage technology, including, but not limited to structures such as a multi-story building, church, steeple, silo, water tower, sign, or other structures that can be used to mitigate the visual impact of an antenna or the functional equivalent of such, including all related facilities such as cabling, equipment shelters and other structures associated with the site. It is a structure and facility intended for transmitting/and or receiving radio, television, oellular, paging, 911, personal, telecommunications services, commorcial satellite cervices, microwave corviooc and services not listed by the FCC, but not expressly exempt from the County s, building and permitting authority, excluding for private, non commercial radio and television reception and private citizens, Private, non-commercial radio and television reception and private citizen s bands, amateur radio and other similar non commercial telecommunications where the height of the facility is below thirty-five (35) feet in height. (260) Public Safety Telecommunications Tower. A structure, facility or location designed, or intended to be used as. or used to support, antennas or other transmitting or receiving devices erected by a governmental entity for police, fire. EMS. 911 or other similar oublic safety communications for that primary purpose. Section 6-1 Table of Permitted Uses PERMI17ED A R-l R-8 R-15 R-30 R-40 R-8O PUD N R H TN M Oil Ll Hl* USES R * B B B 0 U * PublicSafety XXX X X X X XX XXX XXX Telecommunicati ens Tower ARTICLE I 5B. PUBLIC SAFETY TELECOMMUNICATION TOWER REGULATIONS Section 15B-1: Acollcabllltv This Article and Section shall include public, non-commercial telecommunication towers whose primary purpose is to provide communication for emergency systems and Personnel in addition to other similar purposes.

36 height. point. ( B) The tower height shall be defined as the highest antenna attachment (A) The maximum height of any tower shall be five hundred (500) feet in upon documentation of such.) multinle users: co-locating on an existing tower, originally designed and constructed to co-locating on an existing tower. originally designed and constructed to or existing sites: and applicant, and to include the leal form of the applicant: the basis for the calculations of the tower s capacity to accommodate 11) The number, type and design of the tower(s) and antenna(s) proposed and telecommunications facility to provide service within the County and surrounding counties. Such documentation shall include propagation diaaram showing the location of all lot lines: (This reguirement is waived if landscaping, and fencing: (If co-locating on an existing tower, and there is landscaping reguired by the Zoning Ordinance, waiver shall be granted existing tower, originally designed and constructed to support antennae.) insufficient area to install required screening due to a change in 5) The zoning district or designation in which the orooertv is situated: 6) Size of the property stated both in square feet and lot line dimensions, and a 8) The location, size and heioht of all structures on the prooertv. which is the 9) The location, size and height of all proposed and existing antennae and all 10) The type, locations and dimensions of all proposed and existing anurtenant structures: support antennae.) support antennae.) subiect of the application: (This requirement is waived if co-locating on an 4) The tax map and parcel number of the property: 2) The name, address and phone number of the person preparing the report 3) The name. address. and ohone number of the property owner, operator. 7) The location of nearest residential structure: (This requirement is waived if studies of the proposed site and all adloining planned. proposed. in-service 1) Documentation that demonstrates the need for the wireless a certification is called for, such certification shall bear the signature and seal of a information: apolication shall be signed by an authorized individual on behalf of the applicant. Where telecommunications facilities shall contain the information hereinafter set forth. The Professional Engineer licensed in the State. The application shall include the following A) All applications for the construction or installation of new emergency Section 156-3: ADplicatlon Section 1 5B-2: Height of Public Safety Communication Towers

37 12) The make, model and manufacturer of the tower and antenna(s): 13) A description of the proposed tower and antenna(s) and all related fixtures. structures, appurtenances and apparatus, including height above pre existing grade, materials, color and lighting: 14) The frequency, modulation and class of seryice of radio or other transmitting equipment 15) The actual intended effective radiated power and the maximum designedfor effective radiated power of the antenna(s) exoressed in watts: 16) Direction of maximum lobes and associated radiation of the antenna(s): 17) Certification that the NIER levels at the proposed site are within the threshold levels adopted by the FCC: Certification that the rodosed antenna(s) will not cause interference with other telecommunication devices: B) The applicant shall certify that the telecommunication facility, foundation and attachments are designed and will be constructed to meet all local. County. State and Federal structural requirements for loads, including wind and ice loads. This shall be required only at the time of application for a building permit. Applicants shall acknowledge this requirement in the application for a zoning permit. C) The applicant shall certify that the telecommunications facilities will be effectiyely grounded and bonded so as to protect persons and property and are installed with appropriate surge protectors. This shall be required only at the time of application for a building permit. Applicants shall acknowledae this requirement in the application for a zoning permit. D) An applicant will be required to submit an environmental assessment analysis and a visual addendum. Based on the results of the analysis. including the yisual addendum. the zoning administrator may require submission of a more detailed visual analysis. If co-locating a wireless facility on an existing tower, originally designed and constructed to support antennae, and the orooosed wireless facility does not increase the height of the existing tower, this requirement shall be waived. H) All telecommunications facilities shall contain a demonstration that the facility be sited so as to be the least visually and physically intrusiye means that is not technologically impracticable, and thereby have the least adverse visual effect on the environment of the neighborhood and the County and its character. on existing_vegetation, and on the residences in the general area of the wireless telecommunications facility. If co-locating a wireless facility on an existing tower, originally designed and constructed to suddort antennae, and the proposed wireless facility does not increase the height of the existing tower. this requirement shall be waived. I) Both the wireless telecommunications facility and any and all accessory or associated facilities shall maximize the use of building materials, colors and

38 textures designed to blend with the structure to which it may be affixed andior to_harmonize with the natural surroundings; this shall include the utilization of stealth or concealment technolov as may be required by the County. If co locatina a wireless facility on an existing tower. originally designed and constructed to suddort antennae. and the proposed wireless facility does not increase the height of the existing tower, this reguirement shall be waiyed. N) The holder or applicant of a zoning permit shall notify the County of any intended modification of a wireless telecommunication facility and shall apply to the County to modify, relocate or rebuild a wireless telecommunications facility. 0) The applicant will provide a written copy of an analysis, complete by a qualified indiyidual or organization. to determine if the tower or existing structure intended to suoort wireless facilities requires lighting under Federal Ayiation Administration Regulation Part 77. This requirement shall be for any new tower or for an existing structure or building where the application increases the height of the structure or building. If this analysis determines, that the FAA must be contacted, then all filings with the FAA. all responses from the FAA and any related correspondence shall be proyided in a timely manner. If co-locating a wireless facility on an existing tower. originally designed and constructed to support antennae. and the rooosed wireless facility does not increase the height of the existing tower, this requirement shall be waiyed. P) Applications shall be submitted in a 3 ring binder. The application shall contain a table of contents which shall list each section and subsection and the issue required to be addressed. Each issue or matter addressed in the Ordinance that requires a response shall be set forth in a separate section (i.e. tab), in the application. Section 158-4: Set-Backs All proposed communication towers and any other Dronosed structures shall be set back from abutting parcels, recorded right-of-way, existing or proposed structures. and road and street lines a minimum setback of 25 feet Section 158-5: Adherence to State andlor Federal Rules and Reaulations IA) (B) To the extent that the holder of a zoning permit has not receiyed relief, or is otherwise exempt, from appropriate State andlor Federal agency rules or regulations, then the holder of such a conditional use or zoning permit shall_adhere to. and comnlv with. all applicable rules, regulations. standards. and provisions of an State or Federal agency, including, but not limited to. the FAA and the FCC. Svecificallv included in this requirement are any rules and regulations regarding height lighting. security, and electrical standards. To the extent that applicable rules, regulations, standards, and provisions of any State or Federal agency. including but not limited to. the FAA and

39 A) All antennas, towers and other supporting structures, wires and cabling shall be All Public Safety Telecommunications Facilities and antennas shall be located, fenced or be used. The County shall always prefer locating on existing towers or others structures. as (24) months of the effective date of the applicable changed and/or rule, regulation, standard, or provision within a maximum of twenty-four modified rule, regulation. standard, or provision, or sooner as may be zoning permit shall conform to the applicable chanoed andlor modified of as unobtrusive and inoffensive an effect as is permissible under State and Development Ordinance standards for landscape buffers and screening. E) Landscaping shall be required around the oerimeter of the secured area. Such A) Public Safety Telecommunications Facilities shall not be artificially lighted or D) Towers shall be limited to monopole-. mast-, lattice structures and auved towers. C) If lighting is reguired, applicant shall provide a detailed Plan for sufficient lighting zoning permit. opposed to the construction of a new tower. The applicant shall submit a demonstrate conclusively why an existing tower or other suitable structure cannot structures. structures that are within four (4) miles of the location of any roosed new tower, accordance with the requirements of this Ordinance and any conditions of the appropriate color to harmonize with the surroundings and shall be maintained in B) Towers shall be aalvanized or painted with a rust-preventive paint of an height lighting, and security are chanoed and/or modified during the the FCC. and specifically including any rules and regulations regarding required by the issuing entity. comprehensive report inventorying all existing towers and all other suitable duration of a conditional use or zoning permit then the holder of such a Section Shared use of PublIc Safety Telecommunications Facilities and other unless the applicant can show that some other distance is more reasonable and Section Annearance and Visibility of Public Safety Telecommunications Facilities. marked, except as required by Law. Federal regulations. landscaping shall. at a minimum, comnlv with the Franklin County Unified otherwise secured in a manner that prevents unauthorized access. Specifically: Section Security of Telecommunications Facilities. made inaccessible to unauthorized individuals and constructed or shielded in such a manner that they cannot be climbed or collided with: and

40 manner that they are readily accessible only to persons authorized to operate or neighborhood and be maintained in a manner so as to retain its originally installed appearance. Section 15B-9. Sianage. and shall contain the name(s) of the owner(s) and oderator(s) of the antenna(s) as permitted. Section 15B-1O. Annual NIER Certification. Section 15B-11. Indemnification. said facility, excepting, however, any portion of such claims, suits, demands, causes immediate area of the presence of an antenna that has transmission capabilities Section 1 5B-1 2. Default and!or Revocation. the FCC. identify the eouipment owner of the shelter or cabinet. The sign shall not be to the County that NIER levels at the site are within the threshold levels adopted by well as emeraency phone number(s). The sign shall be on the equipment shelter or (4) sauare feet in order to provide adequate notification to persons in the Public Safety Telecommunications Facilities shall contain a sign no larger than tour lighted, unless liahtin is required by applicable law. rule or reaulation. The holder of the conditional use or zoning compliance permit shall, annually, certify Advertising or other signs unrelated to the safety of the facility shall not be service them. attorneys, agents, and consultants from any and all penalties, damages, costs, or property, pursuant to this Ordinance, shall contain a provision with respect to exempt the County. and its officers, boards, employees, committee members. either at law or in eguity. which might arise out of. or are caused by. the placement. construction, erection, modification, location, products performance, use, operation, maintenance. reair. installation, replacement removal, or restoration of of damages, whether compensatory or punitive, or expenses arising there from. charges arising out of any and all claims, suits, demands. causes of action, or award indemnification. Such provision shall require the applicant, to the extent permitted Any application for telecommunication facilities that is proposed for County by the law. to at all times defend. indemnify, protect save, hold harmless, and cabinet of the apolicant and be visible from the access point of the site and must recoverable by the County. consultants fees, and expert witness fees are included in those costs that are Denalties. damages or charges referenced herein, reasonable attorneys fees. acts or omissions of the County, or its servants or agents. With respect to the of action or award of damaaes as may be attributable to the negligent or intentional B) Transmitters and Telecommunications control points shall be installed in such a C) All fencing shall be in harmony and concert with the nature and character of the

41 order to bring the affected wireless telecommunications facilities into abandoned (i.e. not used as wireless telecommunications facilities) for a that it creates a health or safe hazard: demonstrates by clear and convincing evidence that. if granted, the waiver will have within forty-eight (48) hours of such action. B) If within the period set forth in (A) above the wireless telecommunications if the violation causes. creates or presents an imminent danger or threat to the anything to the contrary in this subsection or any other section of this Ordinance. the holder of the zoning permit in writing of such violation. Notwithstanding provisions of this Ordinance or of the zoning permit then the County shall notify compliance, then the County may revoke such zoning permit for wireless telecommunications facilities, and shall notify the holder of the zoning permit health or safety of lives or property, the County may. at its sole discretion, order the violation remedied within twenty-four (24) hours. Section Removal of Wireless Telecommunications Facilities. safety. and welfare interests of the County warrant and reguire the removal of wireless telecommunications facilities. required conditional use or zoning permit, or any other necessary applicant_to prove. No such waiver shall be approved unless the alicant 2) Permitted telecommunications facilities fall into such a state of disrepair 3) Public Safety telecommunications facilities have been located, constructed. of three hundred and sixty five (365) days in any two (2) year period, except 1) Public Safety telecommunications facilities with a permit have been facilities are not brouaht into compliance with the provisions of this Ordinance. or of the conditional use or zoning permit or substantial steps are not taken in Under the following circumstances. the County may determine that the health, removal shall commence within 180 days: period exceeding one hundred and eighty 1180) consecutive days or a total for periods caused by force maior or Acts of God. in which case. repair or authorization. Section Waiver. facilities. Such waiver may be temporary or permanent nartial or complete. in the original application for a zoning permit or in the case of an existing or Any applicant or permittee desiring waiver from any aspect or requirement of Article or modified without first obtaining, or in a manner not authorized by. the 158 may request such from the administrator, provided that the waiver is contained previously granted zoning permit a request for modification of its tower and!or modified or maintained in a way that is inconsistent or not in compliance with the However, the burden of proving the need for the reauested waiver is solely on the A) If telecommunications facilities are repaired, rebuilt placed, moved, re-located,

42 no significant affect on the health. safety and welfare of the County. its residents and other service providers. Section 1 5B-1 5. Adherence to State and/or Federal Rules and Regulations. A) To the extent that the holder of a zoning permit for telecommunications facilities has not received relief, or is otherwise exempt, from appropriate State andlor Federal agency rules or regulations, then the holder of such a conditional use or zoning permit shall adhere to. and comply with, all applicable rules, regulations, standards. and Drovisions of any State or Federal agency, including, but not limited to, the FAA and the FCC. Specifically included in this reguirement are any rules and regulations regarding height, lighting. security, electrical and RF emission standards. B) To the extent that aoplicable rules. regulations. standards. and provisions of any State or Federal agency, including but not limited to. the FAA and the FCC. and specifically including any rules and regulations regarding height, lighting. and security are chanaed and/or are modified during the duration of a zoning permit for telecommunications facilities. then the holder of such a zoning permit shall conform the permitted wireless telecommunications facilities to the andlicable changed andlor modified rule, regulation. standard. or provision within a maximum of twenty-four (24) months of the effective date of the applicable chanced and!or modified rule. regulation. standard. or provision. or sooner as may be reguired by the issuing entity. Planning Board Action: The Planning Board recommended approval of-the proposed text amendment at their August 9, 2011 meeting. The Planning Board s summary of evidence from their August 9, 2011 meeting is attached for your review.

43 - The this request and made the following recommendation: On August 9,2011, the Franklin County Planning Board held a public meeting regarding ORDINANCE (UDO) TO AMEND SECTION 2-2 DEFINITION OF BASIC TERMS SUMMARY OF EVIDENCE TEXT AMENDMENT TO THE FRANKLIN COUNTY UNIFIED DEVELOPMENT AND TO ADD ARTICLE 15B. PUBLIC SAFETY TELECOMMUNICATION TOWER REGULATIONS The Planning Board recommended approval of the proposed text amendment to the Franklin County Unified Development Ordinance (UDO) to amend Section 2-2 Definition of Basic Terms and to add Article I 5B. Public Safety Telecommunication Tower Regulations. Development Ordinance (UDO) to amend Section 2-2. Definition of Basic Terms Telecommunications Tower Regulations in order to allow public safety telecommunication towers as a permitted use rather than requiring applicants to infrastructure, providing vital services such as E-91 I dispatching. administrative level. - The Findings of Fact: Planning Board is proposing to amend the Franklin County Unified and Article 15. Telecommunication Tower Regulations to include Article 15B. Planning Board is proposing to amend the UDO Article 15 Public Safety Telecommunication Tower Regulations. seek a conditional use permit. safety telecommunication towers host the County s communications entities to seek approval for emergency communication facility at an allowance of taller towers, decreased setbacks, tower types and requirements for Planning Board has found that the current ordinance as written is intended more for wireless telecommunication facilities rather than meeting the needs for following districts; Agriculture Residential (AR), Residential 40 (R-40), Rural public safety facilities which are crucial to public health and safety. the current telecommunication ordinance. Recommended changes include the location. Industrial (LI), Heavy Industrial (HI), Mixed Use (MU), Residential (30) and General Business (GB). The proposed amendment would allow all public safety towers can only be requested as a conditional use in the Business (RB), Highway Business (RB), Office-Institutional (0/I), Light provided all proposed regulations were adhered to. provide public safety communications. County s Board of Adjustment recently approved two towers intended to - The telecommunication towers to be located in any zoning district as a permitted use - Public - Additionally, the proposed amendment would allow other state arid federal - The - The proposed amendment has many of the same requirements as set forth within - Telecommunication

44 Special Conditions recommended by the Plannin2 Board: - The proposed amendment will help ensure that towers intended with the primary - This will provide a reasonable assurance that public safety communication - Legal challenges to those approvals are currently jeopardizing the County s ability to provide public safety services in the most effective manner to its citizens. approval in order to ensure that these facilities can be permitted at a staff level. services are not compromised and provide for the utmost safety for Franklin County citizens. Date: 8-9-Il Henry Neims purpose of providing public safety communications meet many of the same requirements as wireless facilities but allow for administrative review and Decision of the Franklin County Board of Commissioners: Petition Approved Chairman, Franklin County Planning Board Petition Denied Chaimian, Franklin County Board of Commissioners

45

46 AN ORDINANCE AMENDING THE FRANKLIN COUNTY UNIFIED DEVELOPMENT ORDINANCE (TEXT) TO AMEND SECTION 2-2: DEFINITION OF BASIC TERMS AND TO ADD ARTICLE 158. PUBLIC SAFETY TELECOMMUNICATION TOWER REGULATIONS WHEREAS, the Franklin County Board Of Commissioners has reviewed said petition and favorably recommends amendment per the requirements of the Franklin County Unified Development Ordinance; and, WHEREAS, a public hearing of the Board Of Commissioners has been scheduled, duly advertised, per the requirements of G. S. l53a, and conducted on August 15, 2011, and, NOW, THEREFORE, BE IT ORDAINED that the Board Of Commissioners has acted favorably on the petition and provides the following amending ordinance. SECTION I That the Franklin County Unified Development Ordinance be amended as follows: Section 2-2: Definition of Basic Terms (365) Telecommunications Tower and Telecommunications Site and Personal Wireless Facility. A structure, facility or location designed, or intended to be used as, or used to support antennas or other transmitting or receiving devices. This includes without limit, towers of all types and kinds and structures that employ camouflage technology, including, but not limited to structures such as a multi-story building, church, steeple, silo, water tower, sign, or other structures that can be used to mitigate the visual impact of an antenna or the functional equivalent of such, including all related facilities such as cabling, equipment shelters and other structures associated with the site. It is a structure and facility intended for transmining and or receiving radio, television, ccllul, paging, 911, personal, telecommunications services, commercial satellite services, microwave services and services not listed by tho FCC, but not expressly exempt from the County s, building and permitting authority, cxcluding for private, non commercial mdio and television reception and private citizens, Private, non-commercial radio and television reception and private citizen s bands, amateur radio and other similar non-commercial telecommunications where the height of the facility is below thirty-five (35) feet in height. (260) Public Safety Telecommunications Tower. A structure, facility or location designed, or intended to be used as, or used to support, antennas or other transmitting or

47 receiving devices erected by a governmental entity for police, fire, EMS. 911 or other similar public safety communications for that primary purpose. Section 6-1 Table of Permitted Uses PERMIflED A It-I R-8 R- R- It- R- PUD* N R H TN M 0/ LI* HI USES R ** BBBD UI * ** PublicSafety XXXX XXX X XXXXXXXX Telecommunicati ons Tower ARTICLE 15B. PUBLIC SAFETY TELECOMMUNICATION TOWER REGULATIONS Section 15B-1: Applicability This Article and Section shall include public, non-commercial telecommunication towers whose primary purpose is to provide communication for emergency systems and personnel in addition to other similar purposes. Section 15B-2: Height of Public Safety Communication Towers (A) (B) The maximum height of any tower shall be five hundred (500) feet in height. The tower height shall be defined as the hithest antenna attachment point. Section 15B-3: Application A) All applications for the construction or installation of new emergency telecommunications facilities shall contain the information hereinafter set forth. The apdlication shall be signed by an authorized individual on behalf of the applicant. Where a certification is called for, such certification shall bear the signature and seal of a Professional Engineer licensed in the State. The application shall include the following information:

48 1) Documentation that demonstrates the need for the wireless telecommunications facility to provide service within the County and surrounding counties. Such documentation shall include propagation studies of the proposed site and all adjoining planned, proposed, in-service or existing sites; 2) The name. address and phone number of the person preparing the report: 3) The name, address, and ohone number of the property owner, operator, and applicant, and to include the legal form of the applicant: 4) The tax map and parcel number of the property: 5) The zoning district or designation in which the property is situated: 6) Size of the property stated both in square feet and lot line dimensions, and a diagram showing the location of all lot lines: (This requirement is waived if co-locating on an existing tower, originally designed and constructed to support antennae.) 7) The location of nearest residential structure; (This requirement is waived if co-locating on an existing tower, originally designed and constructed to support antennae.) 8) The location, size and height of all structures on the property, which is the subject of the application: (This requirement is waived if co-locating on an existing tower. originally designed and constructed to support antennae.) 9) The location, size and height of all proposed and existing antennae and all appurtenant structures: I O)The type, locations and dimensions of all proposed and existing landscaping, and fencing: (If co-locating on an existing tower, and there is insufficient area to install required screening due to a change in landscaping required by the Zoning Ordinance, waiver shall be granted upon documentation of such.) 1 1 )The number. type and design of the tower(s) and antenna(s) oronosed and the basis for the calculations of the tower s capacity to accommodate multiple users; 12)The make, model and manufacturer of the tower and antenna(s): 1 3)A description of the oronosed tower and antenna(s) and all related fixtures. structures, appurtenances and apparatus, including height above pre-existing grade, materials, color and lighting; 14)The frequency, modulation and class of service of radio or other transmitting equipment; 1 5)The actual intended effective radiated power and the maximum designed-for effective radiated power of the antenna(s) expressed in watts; 16)Direction of maximum lobes and associated radiation of the antenna(s):

49 I 7)Certification that the NIER levels at the proposed site are within the threshold levels adopted by the FCC: Certification that the proposed antenna(s) will not cause interference with other telecommunication devices: B) The applicant shall certify that the telecommunication facility, foundation and attaclmwnts are designed and will be constructed to meet all local, County. State and Federal structural requirements for loads, including wind and ice loads. This shall be required only at the time of application for a building permit. Applicants shall acknowledge this requirement in the application for a zoning permit. C) The applicant shall certify that the telecommunications facilities will be effectively grounded and bonded so as to protect persons and property and are installed with appropriate surge protectors. This shall be required only at the time of application for a building permit. Applicants shall acknowledge this requirement in the application for a zoning permit. 13) An applicant will be required to submit an environmental assessment analysis and a visual addendum. Based on the results of the analysis, including the visual addendum, the zoning administrator may require submission of a more detailed visual analysis. If co-locating a wireless facility on an existing tower, originally designed and constructed to support antennae, and the proposed wireless facility does not increase the height of the existing tower, this requirement shall be waived. 14) All telecommunications facilities shall contain a demonstration that the facility be sited so as to be the least visually and physically intrusive means that is not technologically impracticable, and thereby have the least adverse visual effect on the environment of the neighborhood and the County and its character, on existing vegetation, and on the residences in the general area of the wireless telecommunications facility. If co-locating a wireless facility on an existing tower, originally designed and constructed to support antennae, and the proposed wireless facility does not increase the height of the existing tower, this requirement shall be waived. I) Both the wireless telecommunications facility and any and all accessory or associated facilities shall maximize the use of building materials, colors and textures designed to blend with the structure to which it may be affixed and/or to harmonize with the natural surroundings; this shall include the utilization of

50 is otherwise exempt, from aporopriate State and/or Federal agency rules or to the County to modify, relocate or rebuild a wireless telecommunications N) The holder or applicant of a zoning permit shall notify the County of any and any related correspondence shall be provided in a timely manner. If co (A) To the extent that the holder of a zoning permit has not received relief, or Administration Regulation Part 77. This requirement shall be for any new 0) The applicant will provide a written copy of an analysis, complete by a qualified constructed to support antennae, and the proposed wireless facility does not increase the height of the existing tower, this requirement shall be waived. stealth or concealment technology as may be required by the County. If co locating a wireless facility on an existing tower, originally designed and intended modification of a wireless telecommunication facility and shall apply individual or organization, to determine if the tower or existing structure tower or for an existing structure or building where the application increases the Section 15B-4: Set-Backs Section 15B-5: Adherence to State and/or Federal Rules and Regulations P) Applications shall be submitted in a 3 ring binder. The application shall contain All proposed communication towers and any other proposed structures shall be set back from abutting parcels, recorded right-of-way, existing or proposed a table of contents which shall list each section and subsection and the issue facility. intended to support wireless facilities reciuires lighting under Federal Aviation height of the structure or building. If this analysis determines, that the FAA must be contacted, then all filings with the FAA, all responses from the FAA locating a wireless facility on an existing tower, originally designed and constructed to support antennae, and the proposed wireless facility does not increase the height of the existing tower, this requirement shall be waived. requires a response shall be set forth in a separate section (i.e. tab), in the required to be addressed. Each issue or matter addressed in the Ordinance that application. structures, and road and street lines a minimum setback of 25 feet. regulations, then the holder of such a conditional use or zoning permit

51 standards, and provisions of an State or Federal agency, including, but not limited to. the FAA and the FCC. Specifically included in this security, and electrical standards. height, lighting, and security are changed and/or modified during the of any State or Federal agency, including but not limited to, the FAA and (B) To the extent that applicable rules, regulations, standards, and provisions requirement are any rules and regulations regarding height, lighting. duration of a conditional use or zoning permit then the holder of such a zoning permit shall conform to the applicable changed and/or modified modified rule, regulation, standard, or provision, or sooner as may be required by the issuing entity. shall adhere to. and comply with, all applicable rules, regulations. the FCC. and specifically including any rules and regulations regarding rule, regulation, standard, or proyision within a maximum of twenty-four opposed to the construction of a new tower. The applicant shall submit a comprehensive report inventorying all existing towers and all other suitable structures that are within four (4) miles of the location of any proposed new tower, unless the applicant can show that some other distance is more reasonable and structures. Section 15B-6. Shared use of Public Safety Telecommunications Facilities and other (24) months of the effective date of the applicable changed and/or marked, except as required by Law. zoning permit. be used. demonstrate conclusively why an existing tower or other suitable structure cannot appropriate color to harmonize with the surroundings and shall be maintained in accordance with the requirements of this Ordinance and any conditions of the B) Towers shall be galvanized or painted with a rust-preventive paint of an A) Public Safety Telecommunications Facilities shall not be artificially lighted or Section 15B-7. Appearance and Visibility of Public Safety Telecommunications Facilities. The County shall always prefer locating on existing towers or others structures, as

52 C) If lighting is required, applicant shall provide a detailed olan for sufficient lighting of as unobtrusive and inoffensive an effect as is permissible under State and Federal regulations. D) Towers shall be limited to monopole-, mast-, lattice structures and guyed towers. E) Landscaping shall be required around the perimeter of the secured area. Such landscaping shall, at a minimum, comply with the Franklin County Unified Development Ordinance standards for landscape buffers and screening. Section 15B-8. Security of Telecommunications Facilities. All Public Safety Telecommunications Facilities and antennas shall be located, fenced or otherwise secured in a manner that prevents unauthorized access. Specifically: A) All antennas, towers and other supporting structures, wires and cabling shall be made inaccessible to unauthorized individuals and constructed or shielded in such a manner that they cannot be climbed or collided with: and B) Transmitters and Telecommunications control points shall be installed in such a manner that they are readily accessible only to persons authorized to operate or service them. C) All fencing shall be in harmony and concert with the nature and character of the neighborhood and be maintained in a manner so as to retain its originally installed appearance. Section 15B-9. Signage. Public Safety Telecommunications Facilities shall contain a sign no larger than four (4) square feet in order to provide adequate notification to persons in the immediate area of the presence of an antenna that has transmission capabilities and shall contain the name(s) of the owner(s) and operator(s) of the antenna(s) as well as emergency phone number(s). The sign shall be on the equipment shelter or cabinet of the applicant and be visible from the access point of the site and must identify the equipment owner of the shelter or cabinet. The sign shall not be lighted, unless lighting is required by applicable law, rule or regulation. Advertising or other signs unrelated to the safety of the facility shall not be permitted. Section 15B-lO. Annual NIER Certification. The holder of the conditional use or zoning compliance permit shall, annually. certify to the County that NIER levels at the site are within the threshold levels adopted by the FCC.

53 A) If telecommunications facilities are repaired, rebuilt, placed, moved, re-located. B) If within the period set forth in (A) above the wireless telecommunications of this Ordinance, if the violation causes, creates or presents an imminent danger and expert witness fees are included in those costs that are recoverable by the of damages, whether compensatory or punitive, or expenses arising there from. by the law, to at all times defend, indemnify, protect, save, hold harmless, and property, pursuant to this Ordinance, shall contain a provision with respect to indemnification. Such provision shall require the applicant, to the extent permitted exempt the County. and its officers, boards. employees, committee members. attorneys, agents, and consultants from any and all penalties, damages, costs, or charges arising out of any and all claims, suits, demands, causes of action, or award either at law or in equity. which might arise out of. or are caused by. the placement. construction, erection, modification, location, products performance, use, operation. maintenance, repair, installation, replacement, removal, or restoration of said Section 1 5B-l 1. Indemnification. Any application for telecommunication facilities that is proposed for County facility, excepting, however, any portion of such claims, suits, demands, causes of action or award of damages as may be attributable to the negligent or intentional acts or omissions of the County, or its servants or agents. With respect to the penalties. County. the provisions of this Ordinance or of the zoning permit, then the County shall damages or charges referenced herein, reasonable attorneys fees, consultants fees. Section l5b-12. Default and/or Revocation. notify the holder of the zoning permit in writing of such violation. modified or maintained in a way that is inconsistent or not in compliance with or threat to the health or safety of lives or property, the County may. at its sole Notwithstanding anything to the contrary in this subsection or any other section discretion, order the violation remedied within twenty-four (24) hours. facilities are not brought into compliance with the provisions of this Ordinance. or of the conditional use or zoning permit, or substantial steps are not taken in order to bring the affected wireless telecommunications facilities into compliance, then the County may revoke such zoning permit for wireless within forty-eight (48) hours of such action. telecommunications facilities, and shall notify the holder of the zoning permit

54 Under the following circumstances, the County may determine that the health. safety, and welfare interests of the County warrant and require the removal of for periods caused by force major or Acts of God, in which case. repair or Any applicant or permittee desiring waiver from any aspect or requirement of Article has not received relief, or is otherwise exempt. from appropriate State and/or in the original application for a zoning permit, or in the case of an existing or 1 5B may request such from the administrator, provided that the waiver is contained 3) Public Safety telecommunications facilities have been located, constructed. of three hundred and sixty five (365) days in any two (2) year period, except 1) Public Safety Telecommunications facilities with a permit have been it creates a health or safety hazard: Section 15B-13. Removal of Wireless Telecommunications Facilities. wireless telecommunications facilities. abandoned (i.e. not used as wireless telecommunications facilities) for a period exceeding one hundred and eighty (180) consecutive days or a total removal shall commence within 180 days: 2) Permitted telecommunications facilities fall into such a state of disrepair that or modified without first obtaining, or in a manner not authorized by. the required conditional use or zoning permit, or any other necessary authorization. Section 15B-14. Waiver. facilities. Such waiver may be temporary or permanent, partial or complete. However, the burden of proving the need for the requested waiver is solely on the Federal agency rules or regulations, then the holder of such a conditional use or A) To the extent that the holder of a zoning permit for telecommunications facilities no significant affect on the health. safety and welfare of the County, its residents and previously granted zoning permit a request for modification of its tower and/or applicant to prove. No such waiver shall be approved unless the applicant demonstrates by clear and convincing evidence that, if granted, the waiver will have Section 15B-15. Adherence to State andlor Federal Rules and Regulations. other service providers. zoning permit shall adhere to, and comply with. all applicable rules, regulations.

55 standards, and provisions of any State or Federal agency, including, but not limited to. the FAA and the FCC. Specifically included in this requirement are any rules and regulations regarding height. lighting, security, electrical and RF emission standards. B) To the extent that applicable rules, regulations, standards, and provisions of any State or Federal agency, including but not limited to. the FAA and the FCC. and specifically including any rules and regulations regarding height, lighting, and security are changed andlor are modified during the duration of a zoning permit for telecommunications facilities, then the holder of such a zoning permit shall conform the permitted wireless telecommunications facilities to the applicable changed andlor modified rule, regulation, standard, or provision within a maximum of twenty-four (24) months of the effective date of the applicable changed and/or modified rule, regulation, standard, or provision, or sooner as may be required by the issuing entity. SECTION 11 That this ordinance shall become effective upon its adoption. Adopted this the 15th day of August, Chairman, Franklin County Board Of Commissioners Clerk, Franklin County Board Of Commissioners

56 FOR OFFICE USE ONLY: ACTION: DATE: C DENIED D APPROVED their support and advise them of some exciting things happening at the Summary of Request The club would like to thank the Commissioners for Is a public hearing needed? no Jerome Levisy, CEO NCNCB&G Club Initiated by: Rosemary Champion, Board Member Item: Update on the Boys & Girls Clubs Franklin Unit Meeting Date: August15, 2011 attachment(s) none Action proposed: none Commissioner s Agenda Information Sheet Franklin County Franklin Unit We will also introduce the club s Youth of the Year, who is from the Franklin Unit this year. ITEM 4

57 ITEM 5 Franklin County Commissioner s Agenda Information Sheet Meeting Date: August15, 2011 attachment(s) I Item: Initiated by: Hill Road Gravity Sewer Rebid Bryce Mendenhall, Public Utilities Director Action proposed: Bid Award to Corbett Contracting, Inc. Is a public hearing needed? NO Summary of Request On Tuesday, August 2, 2011 bids were received by Franklin County for the installation of the Hill Road Gravity Sewer line. Four of five responsive bids were opened and read ranging from $383,210 to the low bid submitted by Corbett Contracting, Inc. of $340,610. Based upon the bids received and references confirmed, I would recommend that the bid be awarded to Corbett Contracting, Inc. for the project as listed. ACTION: FOR OFFICE USE ONLY: D APPROVED D DENIED DATE:

58 I Hobbs Upchurch Associates engineering I plannng I surveying August 4,2011 Mr. Bryce Mendenhafl, Director Franklin County Public Utilities 1630 US Hwy 1 Youngsville, NC RE: Hill Road Gravity Sewer Re-Bid Recommendation of Award and Bid Tabulation HUA No.: FK Bids Dear Mr. Mendenhall: In regard to the above referenced project on Tuesday, August 2, 2011 bids were received in the Franklin County Commissioner s Meeting Room. There were four (4) responsive bids opened and read. The bids ranged from a high bid of $383,210 to the low bid of $340,610 submitted by Corbett Contracting, Inc. of Selma, NC. This project is the re-bid of the Hill Road project in which the County and previous contractor mutually parted ways. As a result the County took possession of all of the material to complete the project and will furnish this material to the contractor for the completion of the remaining portion of construction. The bid amount shall cover the installation of the remaining portions of the project and all other associated project components. A complete bid tabulation and bid summary is attached. The low bidder, Corbett Contracting has recently completed a project for Hobbs, Upchurch & Associates in the Town of Roxboro. The project was a gravity sewer project in a densely populated area of Town. Both our project engineer (Bill tester, PE) and our construction manager on this project were extremely pleased with the quality of the workmanship, adherence to schedule as well as Corbett Contracting s attention to detail and the manner in which they dealt with the public. Prior to the award of the Roxboro project Hobbs, Upchurch & Associates requested and followed up on references submitted by Corbett Contracting and found the references to be consistent with our own experience in that they are a very capable and qualified contractor. Based upon the bids received and the qualifications of the contractor Hobbs, Upchurch & Associates, recommends that Franklin County make award to Corbett Contracting, Inc. for the project in the amount of $340, Hobbs, Upchurch & Associates, PA appreciates the opportunity to be of continued service to Franklin County and looks forward to working with the County during the construction phase of this project Should you have any questions or need any additional information please do not hesitate in contacting me at this office (910) Sincerely, HOBBS, UPC URCH SSOCIATE PA 15m Carpenter, ect Manager T F SW BROAD STREET SOUTHERN PINES NC HOBBSIJPCHURCH COM SUPERIOR PERFORMANCE THROUGH INNOVATIVE DESIGN

59 Tim Carpen / Project Man r Corbett Contracting, Inc. Selma, NC Bids Opened and Read By: Hobbs, Upch rch & Associates, PA. Triangle Grading & Paving 8urln9 H.G. Reynolds Company Henderson, NC T.A. Loving Company Goldsboro, NC Sanford Contractors Sanford, NC $340, $360, $378, $383, Did Not Read CONTRACTOR ADDRESS ADDENDUM i TOTAL BID AMOUNT Franklin County Utilities Franklin County, North Carolina BID SUMMARY Hill Road Gravity Sewer Extension _ Adc.ow ledge INd Not

60 InstallatIon i. ir P679-PVC Sanitary Sewer (0-6 ) - InstallatIon Instalbtion Installation 420 IF $45.00 $18, $33.00 $13, Item Description Qty. Unit Unit Cost Total Cost Unit Cost Total Cost Bid Date: Tuesday, August31, :00 pm Corbett Contracting. Inc. TA. Lovina Company BID TABULATiON HILL ROAD GR4VIIYSEWER EXTENSION TOTAL BID AMOUNT $340, $360, Manholes (0-6 (Epoxy lined)- Installation 2 EA $2, $4, $3, $7, Rock Excavation and Disposal- Bid Allowance 2,000.0 CV $50.00 $100, $50.00 $100, Re-Connect Existing Sewer Services 4 4 $1, $5, $1, $4, Mobilization ofstored Materials 1 LS $1, $1, $11, $11, Manhole Ring & Cover Water Tight/Traffic Rated- Installation Installation 24 Demolition of Existing Manholes 3 EA $ $2, $ $2, Terminal Manhole at Windsor Drive (1O -12 ) 1 EA $2, $2, $6, $6, Manholes (6 4 ) (Epoxy lined) - 13 Tie to Existing Manhole #1 1 IS $2, $2, $5, $5, Concrete Open Cut and Patch 60 SY $40.00 $2, $ $6, Clearing and Grubbing 1 AC $6, $6, $6, $6, Asphalt Driveway Replacement Sr $40.00 $4, $50.00 $5, Select Pill- Bid Allowance 1,500 CV $10.00 $15, $10.00 $15, Gravel for Driveways 60 TNS $30.00 $1, $25.00 $1, (2 Binder, ) 1.0 $3, $3, $7, $7, Open Cut & Overlay Asphalt Hill Road Oaks Force Main) $4, $4, $3, $3, $50.00 $ $ $3, Tie Existing C Force Main to Manhole #9 (Fannlntan 12 Manholes (8 -lo ) (Epoxy Lined) - 7 EA $2, $17, $4, $28, Installation 1 $50.00 $50.00 $ $ Manhole RingS. Cover Vented/Traffic Rated- 4 EA $2, $8, $3, $14, ir P679-PVC Sanitary Sewer (10 -U ) - 2 ir PVC Sanitary Sewer (0-6 ) P679-PVC Sanitary Sewer (6 -S ) P679-PVC Sanitary Sewer (8 -io ) DIP Class 50 Sanitary Sewer (0-6 ) - Installation 20 IF $45.OD $ $35.00 $ DIP Class SO Sanitary Sewer (6 -S ) - 20 LP $48.00 $ $45.00 $ Installation Installation Installation 250 IF $55.00 $13, $53.00 $13, LF $48.00 $45, $40.00 $38, SDR21-PVC Sanitary Sewer (6 -S ). installation 50 IF $48.00 $2, $40.00 $2, ,280 IF $50.00 $64,00000 $45.00 $51, DIP Class 50 SanItary Sewer (8 -lo ) - Installation 20 IF $SOMO $1, $50.00 $1, $ $ , $33.00 $7, FRANKLIN COUNTY UTILITIES

61 an Select Fill - Installation Installation C Bid Date: Tuesday, August31, :00 pm Oaks Force Morn) Installation no no no no no no no no no no no no no no no 00 no no no 0 a fl no Item Description Unit Cost Total Cost Unit Cost Total Cost.A.l-t -!-X3!!,fLLI U! Ii-lL, BID TABULATION HILL ROAD GRAVITY SEWER EXTENSION FRANKLIN COUNTY UTILITIES 0 0 a aa a CCa C Ca U CaC a aua a aaa Bids Ce,tlfied By: - Open Cut & Overlay Asphaft Hill Road Demolition of Existing Manholes $ $2, $ $2, Re-Connect Existing Sewer Services $1, $5, $1, Terminal Manhole at Windsor Drive (1O -12 ) $5, $5, Mobilization afstored Materials $3, $3, $12, $12, Asphalt Driveway Replacement Clearing and Grubbing $3, $3, $10, $10, Gravel for Driveways $35.00 $2, $22.00 $1, Bid Rock Excavation and Disposal - Bid Allowance (2 BInder, ) $2500 $25, $7, $7, Concrete Open Cut and Patch $60.00 $3, $50.00 $3, $ $1, $2, $2, Tie Existing 4 Force Main to Manhole #9 (Farminton Tie to Existing Manhole #1 $2, $2, $2, $2, Manholes (6 -s ) (Epoxy Lined)- Installation $3, $12, $1, Manholes (8 -lo ) (Epoxy Lined). Installation $3, $25, $1, $9, $ $ $ $ $5, $52.00 $5, $100, $100, Manholes (0 4 ) (Epoxy l.ined) - Manhole Ring & Cover Water Tight/Traffic Rated - $ $3, $ $1, Manhole Ring & Cover Vented/Traffic Rated- Installation 18 50R21-PVC Sanitary Sewer (6 -S ) - 18 F679-PVC Sanitary Sewer (8 -lo ) - Installation $64, $71.00 $90, DIP Class 50 Sanitary Sewer (0-6 ). 18 DIP Class SO Sanitary Sewer (6 -S ) - 18 DIP Class 50 Sanitary Sewer (8-10 ). Installation $95.00 $1, $70.00 $1, Tim Carpenter, Pr. M Manager $90.00 $1, $47.00 $ $92.00 $1, $56.00 $1, F679-PVC Sanitary Sewer (6 -B ) - Installation $47.00 $44, $49.00 $46, F679-PVC Sanitary Sewer (10-12 ) - $57.00 $14, $99.00 $24, $2, $1, Hobbs, Upchurch PA. 18 F679-PVC Sanitary Sewer (0-6 ) - Installation $45.00 $18, $43.00 $18, SDR21-PVC Sanitary Sewer (0 -B ) - $45.00 $9, $47.00 $10, $2, $52.00 $2, Installation Installation Installation Installation Allowance $ :5, $10.00 $15, flfl, TOTAL BID AMOUNT $378, $383, til!kiflflfl non 000

62 Kristen King Jo,/7n Dan ITEM 7 it_i From: Sent: To: Subject: Franklin County [noreply=gethifi.com@sendgrid.mej on behalf of Franklin County [noreply@gethifi.com] Monday, August 08, :41 PM Kristen King New form submission on Citizen Participation Application from John Daniels ou have a new form submission Website: anklin o n Date: On page: August 8, 2011 at 3:41pm Citizen Participation Application I am interested in Franklin County Voluntary Ag Program serving on the following Board or Commission:: First Name. Last Name: ohn Danies Spouse Na Address 1: 655 Egypt Church Road Address 2: City: State: Louisburg North Carolina Zip Code: Home Pho e: Work Phone How many years have you been a resident of Frankiin County?: Present Employer: 35 years J & M Grading and Excavating! Double D Equestrian Center, LLC

63 Please provide any I have een involved with Agriculture my whole life. My brother and I own a farm in Current Civ Age Group Community Participatio or Commission: Are you available Yes (If answering If appointed, could Evening Do you anticipate any P address: View or edit this comment in your browser please explain:: appointed? It Yes, conflicts of interest if Commissions are you any?: What Boards or currently serving on, if you meet:: When Available:: No...Explain when throughout the year? available b low.) Education: Some college which qualities you far folks to get more involved n the future of Franklin counties needs. pertinent iniormahon central Franklin county that is in the voluntary ag district. Franklin county needs younger service on this Board Job Title: Owner of both