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110110mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting November 1, 2010 The Harnett County Board of Commissioners met in regular session on Monday, November 1 2010, in the Commissioners Meeting Room, County Administrative Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Timothy B. McNeill, Chaiiman Beatrice B. Hill, Vice- Chaiiivan Dan B. Andrews, Commissioner Gary House, Commissioner Jim Burgin, Commissioner Scott Sauer, County Manager Tony Wilder, Deputy County Manager Dwight W. Snow, County Attorney Sylvia Blinson, Finance Officer Gina Daniel, Acting Clerk Chairman McNeill called the meeting to order at 9:00 am. Commissioner Burgin led the pledge of allegiance and invocation. Chairman McNeill called for additions and deletions to the published agenda. Commissioner Burgin moved to approve the agenda as published. The motion was second by Commissioner Andrews and passed unanimously. Vice Chairman Hill moved to approve the items on the revised consent agenda. Commissioner Andrews seconded the motion and the Board unanimously approved the following items on the consent agenda: 1. Minutes: October 18, 2010 Regular Meeting 2. Tax refunds, rebates and releases (Attachment 1) 3. The Board of Election requested official approval to move from its current location of 817 S. 8th Street, Lillington to the old Public Utilities Building located at 308 W. Duncan Street, Lillington. Harnett County Board of Commissioners November 1, 2010 Regular Meeting Minutes Page 1 of 4 4. The Finance Officer requested approval of resolution authorizing the County to participate in the NC Local Government Debt Setoff Program for calendar year 2011. (Attachment 2) Chaiiman McNeill opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. Kent Jeffries, 747 Purfoy Road, spoke about issues with activities at Drakes Landing including shooting on Sundays and tactical training. Mr. Sauer petitioned the Board for a public hearing concerning the Contract, the Deed of Trust, the refinancing of the Prior Contracts and any other transactions contemplated therein and associated therewith. Mr. Sauer noted staff has worked with Davenport & Company LLC in conjunction with our bond counsel Parker Poe to reduce and mitigate debt services as part of the budget strategy. Mr. Ted Cole, Davenport & Company, shared a memorandum listing three potential refunding opportunities identified by Davenport and county staff: - Component A — Series 2000 Certificates of Participation issued to fund an elementary school project and the County Courthouse Project. Currently callable with a 1% prepayment penalty. Approximately $7.0 million with a final maturity of 2013. - Component B — Series 2002 Certificates of Participation issued to fund a high school project and an elementary school project. Callable on 12/01/2012 with a 1% prepayment penalty. Approximately $31.0 million with a final maturity of 2023. Component C — Series 2008 Installment Purchase Contract issued to fund an elementary school project. Currently callable with a 1% prepayment penalty. Approximately $14.0 Million with a final maturity of 2028. Davenport and County Staff drafted and distributed a Request for Proposal "RFP" asking for financing proposals to refinance the loans listed above. Davenport and County staff recommend pursing the refinancing of Components A & C with Bank of America Public Capital Corp. Bank of America's proposal had the best combination of interest rate, terms & conditions, costs and collateral requirements. They also recommend continuing to monitor the refunding opportunity for Component B and position the County to take advantage of this refunding in the future. Davenport & Company believes this refunding offers an excellent opportunity to help preserve the County's fund balance level as it could immediately provide upwards of $500,000 of fund balance in the current fiscal year. Mr. Cole noted if the Board chooses to move forward; the Local Government Commission would consider approving the refunding requested the following day. Mr. Cole responded these are estimated net savings. Commissioner Burgin requested a break out of bank closing costs and cost associated with Davenport and bond counsel's work which is estimated between $100,000 to $120,000. Mr. Cole explained the way to move savings around is by changing the principle amortization. Harnett County Board of Commissioners November 1, 2010 Regular Meeting Minutes Page 2 of 4 Chaiiinan McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one else move, Chairman McNeill closed the public hearing. Commissioner House moved to approve the refinancing with the front - loading and the Resolution Approving Installment Financing Contracts and Deeds of Trust with Respect thereto and Delivery Thereof and Providing for Certain Other Related Matters. The motion was seconded by Commissioner Burgin and approved unanimously. (Attachment 3) Heather Hooper, Sanford Housing Authority, requested approval of a revised Section 8 Housing Choice Voucher Administrative Plan. Ms. Hooper noted the revised plan includes new guidelines giving women of domestic violence rights, foreclosure tenant rights, FRAUD repayment policy and FSS action plan with proposed project based vouchers. Commissioner Burgin asked if there is documentation required for citizenship. Mrs. Hooper responded that there is within the HUD regulations. Commissioner Burgin moved to approve the revised Section 8 Housing Choice Voucher Administrative Plan. The motion was seconded by Vice Chairman Hill and passed unanimously. (Attachment 4) Mr. Sauer commended Ted Cole, Bob High and Michael Juby for their efforts to defease the federal financing on the wastewater treatment plant. Mr. Sauer announced that the Finance Department has finished their internal work on the presentation of Financial Statements for year ending June 30, 2010. Draft papers have been sent to the Local Government Commission and staff hopes to have a full audited CAFR report for the Governing Body in December. Commissioner House requested a copy of the audit as soon as it becomes available. Senior Staff Attorney Jennifer Slusser introduced Mrs. Janet Smith as a new staff attorney in the Harnett County Legal Department. Mrs. Slusser noted that Mrs. Smith worked with Cumberland County prior to joining us. Closed session was not needed. Chaiinian McNeill called for any new business. Commissioner Burgin asked the Planning Department to report back to the Board at the next meeting regarding their ideas and recommendations on how to police shooting ranges and make sure the public is aware of what is happening. Mr. Sauer confirmed, regarding the relocation of the Board of Elections to the old Public Utilities Building located at 308 W. Duncan Street, the possibility long range that under the state's review of water supply planning that we may have to use that site for another impoundment 5 to 10 years in the future. Mr. Sauer said department heads have been notified and are working toward providing 10% budget reduction options. Harnett County Board of Commissioners November 1, 2010 Regular Meeting Minutes Page 3 of 4 Commissioner Burgin asked that the Board members consider voting on cancelling or rescheduling any future meetings including work sessions. Commissioner Andrews moved to adjourn the meeting at 9:42 am. Vice Chairman Hill seconded the motion which passed unanimously. Timothy B. I 611, Chairman heeler, Clerk Harnett County Board of Commissioners November 1, 2010 Regular Meeting Minutes Page 4 of 4 ATTACHMENT 1 Board Report Date : 11/01/2010 A 21 ,c o'6;? is 3` ]I iSe Kam* • 'u• C rvIv B c i rd o-f C in 1.63€, ke TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AN PENALTIES FOR Bill # No. Name of Tax Payer 1 BACK, JOSEPH DARRYL 192 HEATHROW DR SPRING LAKE, NC, 28390 - 9255 2 BACK, JOSEPH DARRYL 192 HEATHROW DR SPRING LAKE, NC, 28390 - 9255 3 BB &T EQUIPMENT FINANCE CORP PROPERTY TAX DEPARTMENT WINSTON SALEM NC, 27102 4 GODWIN, JESSE BARRY 95 BRANDON DR LILLINGTON, NC, 27546 - 9701 5 GODWIN, JESSE BARRY 95 BRANDON DR LILLINGTON, NC, 27546 - 9701 6 GRAHAM, MARK REGAN GRAHAM, LOREN H 206 TOPSAIL DRIVE ANGIER NC, 27501 - 0000 7 THE HILLMAN GROUP INC 8990 S KYRENE ROAD TEMPE AZ, 85284 8 TURLINGTON, EDWARD S PO BOX 1027 DUNN NC, 28335 - 0000 9 TURLINGTON, EDWARD S PO BOX 1027 DUNN NC, 28335 - 0000 10 TURLINGTON, EDWARD S PO BOX 1027 DUNN NC, 28335 - 0000 11 TURLINGTON, EDWARD S P 0 BOX 1027 DUNN NC, 28335 - 0000 12 TURLINGTON, EDWARD S PO BOX 1027 DUNN NC, 28335 - 0000 LL MUNICIPALITIES I Tax, intalrest Total Refund Request Reason t and Penalties - Status City 0.00 Military Exemption 0001665804 -2009- 2009 - 000000 0001665804- 2010- 2010- 000000 0001395669- 2009- 2009- 000000 0001664068- 2010 -2010- 000001 0001763864- 2010- 2010- 000001 0001411477- 2009- 2009- 000000 0001395757- 2010- 2010- 000000 0000055033- 2009- 2009- 000000 0000055045 - 2009 -2009- 000000 0000055046- 2009- 2009- 000000 0000055047- 2009- 2009- 000000 0000055048- 2009- 2009- 000000 County 135.79 City 0.00 County 110.14 City 0.00 County 290.02 City() 7.66 County 0.00 City() 5.52 County 0.05 City 0.00 County 158.68 City 0.00 County 10.75 City 0.00 County 3.18 City 0.00 County 66.63 City 0.00 County 178.88 City 0.00 County 128.32 City 0.00 County 162.58 135.79 Refund 110.14 Refund Military Exemption Listed in Another 290.02 Refund County 7.37 Refund 5.57 Refund 158.68 Refund 10.75 Refund 3.18 Refund 66.63 Refund 178.88 Refund 128.32 Refund 162.58 Refund Situs Correction Situs Correction Value Decrease Situs Correction Qualified for Land Use /due to software, had to refund & then re- apply funds to satisfy new bill Qualified for Land Use /due to software, had to refund & then re- apply funds to satisfy new bill Qualified for Land Use /due to software, had to refund & then re- apply funds to satisfy new bill Qualified for Land Use /due to software, had to refund & then re- apply funds to satisfy new bill Qualified for Land Use /due to software, had to refund & then re- apply funds to satisfy new bill 13 TURLINGTON, EDWARD S P0 BOX 1027 DUNN NC, 28335 - 0000 14 TURLINGTON, EDWARD S P0 BOX 1027 DUNN NC, 28335 - 0000 WM. A. TONY WILDER Revenue Administrator CC: WM. A. TONY WILDER City 0.00 0000055057 - 2009- 2009- 000000 County 16.10 City 0.00 0000055064- 2009- 2009- 000000 32.87 Refund County 32.87 16.10 Refund City Total County Total Total to be Refunded 13.18 1,293.99 1,307.17 Qualified for Land Useldue to software, had to refund & then re- apply funds to satisfy new bill Qualified for Land Use/due to software, had to refund & then re- apply funds to satisfy new bill Ap _; liy t.�e. FY'ai nett lic_.,,``i J: Commi,asioners Board Repor Date : 11/01/2010 TO : HARNETT COUNTY BOARD 0 RE: CONSIDERATION OF REFUND Approved By : Penalties F COMMISSIONERS FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES No, Name 'of "t0) ,00i* 1 TURLINGTON, EDWARD PO BOX 488 LILLINGTON NC, 27546 - 0000 r ;Bill,# f Tax, tnte'inst and Total 2 TURLINGTON, EDWARD S PO BOX 1027 DUNN NC, 28335 - 0000 3 TURLINGTON, EDWARD S P O BOX 1027 DUNN NC, 28335 - 0000 4 TURLINGTON, EDWARD S PO BOX 1027 DUNN NC, 28335 - 0000 5 TURLINGTON, EDWARD S P 0 BOX 1027 DUNN NC, 28335 - 0000 6 TURLINGTON, EDWARD S PO BOX 1027 DUNN NC, 28335 - 0000 0000054993- 2009- 2009- 000000 0000054998- 2009- 2009- 000000 0000055031- 2009- 2009- 000000 0000055034- 2009- 2009- 000000 0000055039- 2009- 2009- 000000 0000055041- 2009- 2009- 000000 City 0.00 County 4,098.06 City 0.00 County 1,739.01 City 0.00 County 3,353.32 City 0.00 County 1,489.83 City 0.00 County 1,037.64 City 0.00 County 4,904.87 Refund Reques Status 4,098.06 Refund 1,739.01 Refund 3,353.32 Refund 1,489.83 Refund 1,037.64 Refund 4,904.87 Refund Reason` Qualified for Land Use /due to software, had to refund & then re- apply funds to satisfy new bill. Qualified for Land Use /due to software, had to refund & then re- apply funds to satisfy new bill. Qualified for Land Use /due to software, had to refund & then re- apply funds to satisfy new bill. Qualified for Land Use /due to software, had to refund & then re- apply funds to satisfy new bill. Qualified for Land Use /due to software, had to refund & then re- apply funds to satisfy new bill. Qualified for Land Use /due to software, had to refund & then re- apply funds to satisfy new bill. 7 TURLINGTON, EDWARD S P 0 BOX 1027 DUNN NC, 28335 - 0000 8 TURLINGTON, EDWARD S P 0 BOX 1027 DUNN NC, 28335 - 0000 WM. A. TONY WILDER Revenue Administrator CC: WM. A. TONY WILDER City 0.00 0000055042- 2009- 2009- 000000 579.16 Refund County 579.16 City 0.00 0000055063- 2009- 2009- 000000 776.47 Refund County 776.47 City Total County Total Total to be Refunded 0.00 17,978.36 17,978.36 Qualified for Land Use /due to software, had to refund & then re- apply funds to satisfy new bill. Qualified for Land Use /due to software, had to refund & then re- apply funds to satisfy new bill. ATTACHMENT 2 Harnett County NC Local Government Debt Setoff Program Resolution Whereas, NCGS Chapter 105A, Setoff Debt Collection Act, authorizes the North Carolina Department of Revenue to cooperate in identifying debtors who owe money to qualifying local agencies and who are due refunds from the Department of Revenue; and Whereas, the law authorizes the setting off of certain debts owed to qualifying local agencies against tax refunds; and Whereas, the North Carolina Association of County Commissioners and the North Carolina League of Municipalities have jointly established a clearinghouse to submit debts on behalf of the County of Harnett as defined in G.S. 105A — 2 (6), effective January 1, 2010 and thereafter provided by law; Now Therefore, be it Resolved that the County of Harnett will participate in the debt setoff program and hereby designates Deanna Barefoot, Finance & Accounting Specialist, as the person to hold hearings and conduct necessary proceedings. The Finance Officer is hereby authorized to execute such documents and agreements as necessary to participate in the debt setoff program. Duly adopted this 1st day of November, 2010 ATTEST: gitaC Marg R. Wheeler Jerk to the Board Harnett ounty Board of Commissioners ‘,/ Timothy B. Harnett Co 11,(4", eill, Chairman Board of Commissioners ATTACHMENT 3 EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS A Regular Meeting of the Board of Commissioners (the "Board") of the County of Harnett, North Carolina was held on Monday, November 1, 2010, at 9:00 a.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, Timothy B. McNeill, Chairman of the Board of Commissioners of the County of Harnett, North Carolina, presiding and the following Commissioners present: Commissioners Present: Timothy B. McNeill, Chairman Beatrice B. Hill, Vice Chairman Dan Andrews Jim Burgin Gary House Commissioners Absent: N/A Chairman Timothy B. McNeill introduced the following resolution, a summary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board and which was read by title: RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, APPROVING INSTALLMENT FINANCING CONTRACTS AND DEEDS OF TRUST WITH RESPECT THERETO AND DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS WHEREAS, the County of Harnett, North Carolina (the "County ") is a validly existing political subdivision of the State of North Carolina, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina (the "State"); WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina to (1) purchase real and personal property, (2) enter into installment financing contracts in order to finance the purchase of real and personal property used, or to be used, for public purposes, and (3) grant a security interest in some or all of the property purchased to secure repayment of the purchase price; WHEREAS, the County has previously executed and delivered (1) an Installment Purchase Contract dated as of April 15, 2000 (the "2000 Contract") between the County and Harnett County Public Facilities Corporation (the "Corporation"), (2) an Installment Purchase Contract dated as of May 15, 2002 (the "2002 Contract ") between the County and the Corporation and (3) an Installment Financing Contract dated as of May 1, 2008 (the "2008 Contract," and together with the 2000 Contract and the 2002 Contract, the "Prior Contracts") between the County and Branch Banking and Trust Company; WHEREAS, to secure its obligations under the Prior Contracts, the County has previously executed and delivered various deeds of trusts encumbering, among other collateral, the sites on which PPAB 1742716v2 Angier Elementary School, the County Courthouse Facility, Overhills High School, Highland Elementary School and Lillington - Shawtown Elementary School are located (collectively, the "Sites") and the improvements thereon; WHEREAS, the Board of Commissioners of the County (the "Board ") has previously determined that it is in the best interest of the County to refinance its installment payment obligations under the Prior Contracts; WHEREAS, the Board hereby determines that it is in the best interest of the County to (1) enter into an installment financing contract (the "Banc of America Contract") with Banc of America Public Capital Corp. ("BAPCC") in order to pay the capital costs of refinancing its installment payment obligations under the 2000 Contract and the 2008 Contract and (2) enter into an installment financing contract (the "SunTrust Contract," and together with the Banc of America Contract, the "Contracts ") with SunTrust Equipment Finance and Leasing Corp. ("STEFLC," and together with BAPCC, the "Banks ") in order to pay the capital costs of refinancing its installment payment obligations under the 2002 Contract; WHEREAS, the Board hereby further determines that it is in the best interest of the County to enter into a deed of trust, security agreement and fixture filing in connection with each Contract (collectively, the "Deeds of Trust") relating to all or such portion of the County's fee simple interest in one or more of the Sites and the improvements thereon as each Bank may require to secure the County's obligations under its Contract; WHEREAS, the Board adopted a resolution on October 4, 2010 making certain fmdings with respect to the Contracts, the Deeds of Trust and the projects to be refinanced thereby; WHEREAS, the Board conducted a public hearing on November 1, 2010 to receive public comments on the Contracts, the Deeds of Trust and the projects to be refinanced thereby; WHEREAS, the County has filed an application with the LGC for approval of the LGC with respect to the County entering into the Contracts in an aggregate principal amount of not to exceed $53,000,000 at the interest rates specified in the Contracts; WHEREAS, there has been made available to the Board the forms of the: (a) the Contracts; (b) the Deeds of Trust; (c) amendments to the lease agreements under which the County has leased to the Harnett County Board of Education certain of the Sites on which public school facilities are located (the "Lease Amendments "); and (d) an Escrow Agreement dated as of November 1, 2010 (the "Escrow Agreement ") between the County and U.S. Bank National Association (the "Escrow Agent ") relating to the refinancing of the County's payment obligations under the 2002 Contract; (collectively, the "Instruments"), which the County proposes to approve, enter into and deliver, as applicable, to effectuate the proposed refinancing at interest rates as specified in the Contracts; and 2 PPAB 1742716v2 WHEREAS, it appears that each of the Instruments is in appropriate form and is an appropriate instrument for the purposes intended; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNET'7; NORTH CAROLINA, AS FOLLOWS: Section 1. Ratification of Prior Actions. All actions of the County, the County Manager, the Finance Officer and the Clerk to the Board and their respective designees in effectuating the proposed refinancing are hereby approved, ratified and authorized pursuant to and in accordance with the transactions contemplated by the Instruments. Section 2. Approval, Authorization and Execution of Contracts. The County hereby approves the refinancing of the Prior Contracts in accordance with the terms of the Contracts, each of which will be a valid, legal and binding obligation of the County in accordance with its terms. The County hereby approves the amount advanced by the Banks to the County pursuant to the Contracts in an aggregate principal amount not to exceed $53,000,000 at the interest rates specified in the Contracts, such amount to be repaid by the County to the applicable Bank as provided in each Contract. The form, terms and content of each Contract are in all respects authorized, approved and confirmed, and the Chairman, the County Manager, the Finance Officer of the County and the Clerk to the Board or their respective designees are each authorized, empowered and directed, individually and collectively, to execute and deliver each Contract for and on behalf of the County, including necessary counterparts, in substantially the form presented to the Board, but with such changes, modifications, additions or deletions therein as they may deem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all such changes, modifications, additions or deletions, and that from and after the execution and delivery of each Contract, the Chairman, the County Manager, the Finance Officer of the County and the Clerk to the Board or their respective designees are hereby authorized, empowered and directed, individually and collectively, to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of such Contract as executed. Section 3. Approval, Authorization of Deeds of Trust. The form, terms and content of each Deed of Trust are in all respects authorized, approved and confirmed, and the Chairman, the County Manager, the Finance Officer of the County and the Clerk to the Board or their respective designees are each authorized, empowered and directed, individually and collectively, to execute and deliver each Deed of Trust for and on behalf of the County, including necessary counterparts, in substantially the form presented to the Board, but with such changes, modifications, additions or deletions therein as they may deem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all such changes, modifications, additions or deletions, and that from and after the execution and delivery of each Deed of Trust, the Chairman, the County Manager, the Finance Officer of the County and the Clerk to the Board or their respective designees are each hereby authorized, empowered and directed, individually and collectively, to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of such Deed of Trust as executed. Section 4. Approval, Authorization of Lease Amendments. The form, terms and content of the Lease Amendments are in all respects authorized, approved and confirmed, and the Chairman, the County Manager, the Finance Officer of the County and the Clerk to the Board or their respective designees are each authorized, empowered and directed, individually and collectively, to execute and deliver each Lease Amendment for and on behalf of the County, including necessary counterparts, in substantially the form presented to the Board, but with such changes, modifications, additions or deletions therein as they may deem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all such changes, modifications, additions or deletions, 3 PPAB 1742716v2 and that from and after the execution and delivery of each Lease Amendment, the Chairman, the County Manager, the Finance Officer of the County and the Clerk to the Board or their respective designees are each hereby authorized, empowered and directed, individually and collectively, to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of such Lease Amendment as executed. Section 5. Approval, Authorization of Escrow Agreement The form, terms and content of the Escrow Agreement are in all respects authorized, approved and confirmed, and the Chairman, the County Manager, the Finance Officer of the County and the Clerk to the Board or their respective designees are each authorized, empowered and directed, individually and collectively, to execute and deliver the Escrow Agreement for and on behalf of the County, including necessary counterparts, in substantially the form presented to the Board, but with such changes, modifications, additions or deletions therein as they may deem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all such changes, modifications, additions or deletions, and that from and after the execution and delivery of the Escrow Agreement, the Chairman, the County Manager, the Finance Officer of the County and the Clerk to the Board or their respective designees are each hereby authorized, empowered and directed, individually and collectively, to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Escrow Agreement as executed. Section 6. Further Actions. The County Manager, the Chairman of the Board and the Finance Officer of the County are each hereby designated as the County's representatives to act on behalf of the County in connection with the transactions contemplated by the Instruments, and the County Manager, the Chairman of the Board and the Finance Officer of the County are each authorized and directed, individually and collectively, to proceed with the refmancing of the Prior Contracts in accordance with the terms of the Instruments, and to seek opinions on matters of law from the County Attorney, which the County Attorney is authorized to furnish on behalf of the County, and opinions of law from such other attorneys for all documents contemplated hereby as required by law. The Chairman, the County Manager and the Finance Officer of the County are each hereby authorized to designate one or more employees of the County to take all actions which the Chairman, the County Manager and the Finance Officer of the County are each authorized to perform under this Resolution, and the Chairman, the County Manager, the Finance Officer of the County or their designees are each in all respects authorized on behalf of the County, individually and collectively, to supply all information pertaining to the transactions contemplated by the Instruments. The Chairman of the Board, the County Manager, the Finance Officer of the County and the Clerk to the Board are authorized, individually and collectively, to execute and deliver for and on behalf of the County any and all additional certificates, documents, opinions or other papers and perform all other acts as may be required by the Instruments or as they may deem necessary or appropriate to implement and carry out the intent and purposes of this Resolution. Section 7. Repealer. All motions, orders, resolutions, ordinances and parts thereof in conflict herewith are hereby repealed. Section 8. Severability. If any section, phrase or provision of this Resolution is for any reason declared to be invalid, such declaration will not affect the validity of the remainder of the sections, phrases or provisions of this Resolution. Section 9. Effective Date. This Resolution is effective on the date of its adoption. 4 PPAB 1742716v2 On motion of Commissioner Gary House, seconded by Commissioner Jim Burgin, the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, APPROVING INSTALLMENT FINANCING CONTRACTS AND DEEDS OF TRUST WITH RESPECT THERETO AND DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS" was duly adopted by the following vote: AYES: 5 NAYS: 0 5 PPAB 1742716v2 STATE OF NORTH CAROLINA SS: COUNTY OF HARNETT I, MARGARET REGINA WHEELER, Clerk to the Board of Commissioners of the County of Harnett, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled "RESOLUTION OF TILE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, APPROVING INSTALLMENT FINANCING CONTRACTS AND DEEDS OF TRUST WITH RESPECT THERETO AND DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS" adopted by the Board of Commissioners of the County of Harnett, North Carolina at a meeting held on the 15t day of November, 2010. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 1st day of November, 2010 ;,,,,,,,,. T, \ /`mss MARG • T REGIN ' HEELER Clerk . the Board Coun of Harnett, North Carolina PPAB 1742716v2 ATTACHMENT 4 ~anford Ho r Authority RESOLUTION 11 -2010 RESOLUTION ADOPTION AND ESTABLISHING ADMENDMENT TO THE SECTION 8 HOUSING CHOICE VOUCHER ADMINISTRATIVE PLAN FOR THE HARNETT COUNTY HOUSING AUTHORITY 1000 CARTHAGE Sumer R O. Box 636 SAIVFoRD. NC 27331 919 776 -7655 FAx 919 776 -7657 inf sbane.org WHERAS, the Harnett County Housing Authority, through Annual Contribution Contract NC035 Section 8 Housing Choice Voucher Program. WHEREAS, the Authority has adopted regulations and policies to manage this and any other projects it might own or operate; WHEREAS, it is necessary for the Authority to change and update policies and procedures to meet the guidelines of the United States Department of Housing and Urban Development to include all new HUD Guidelines. NOW THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE AUTHOIRTY THAT: The Harnett County Housing Authority Hereby adopts the regulation and policy changes outlined and others pertaining to these policies as they may arise. Said Amendment will address HUD Funding short falls by cutting assistants to the highest HAP contracts as needed. The above resolution was introduced by Chairman Tim McNeill read in full and considered: Commissioner Jim Burgin moved the forgoing Resolution be adopted as introduced and read, which motion was seconded by Vice Chairman Hill and upon call the "Ayes" and "Nays" were as follows: AYES NAYES All None Regular Meeting, November 1, 2010 imothy B. ill, Chairman BUILDING STRONGER FAMILIES THROUGH COMMUNITY PARTNERSHIPS