082012mHARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
August 20, 2012
The Harnett County Board of Commissioners met in regular session on Monday, August 20,
2012, in the Commissioners Meeting Room, County Administration Building, 102 East Front
Street, Lillington, North Carolina.
Members present:
Staff present:
Timothy B. McNeill, Chairman
Beatrice B. Hill, Vice Chaiiman
Dan B. Andrews, Commissioner
Gary House, Commissioner
Jim Burgin, Commissioner
Scott Sauer, County Manager
Tony Wilder, Deputy County Manager
Dwight Snow, Staff Attorney
Sylvia Blinson, Finance Officer
Margaret Regina Wheeler, Clerk to the Board
Chairman McNeill called the meeting to order at 7:00 pm. Commissioner House led the pledge
of allegiance and invocation.
Chapman McNeill called for additions and deletions to the published agenda. Chairman
McNeill requested the addition of a budget amendment for the Public Utilities Department in the
amount of $21,674 to replace a meter truck damaged by fire. Commissioner Burgin moved to
approve the agenda as amended. Commissioner Andrews seconded the motion which passed
unanimously.
Commissioner House moved to approve the items on the revised consent agenda. Vice
Chapman Hill seconded the motion and the Board unanimously approved the following items on
the consent agenda:
1. Minutes: August 20, 2012, Regular Meeting
2. Budget Amendments:
41 Cooperative Extension
Code 110 - 7300 - 465.35 -66 Shopping Matters
110- 0000 - 353.73 -22 Shopping Matters — Share Our Strength
42 Sheriff's Department
Code 110 -5103- 420.35 -67 2011 -GP -BX -0018 Pal's Grant
110- 0000 - 331.51 -28 2011 -GP -BX -0018 Pal's Grant
500 increase
500 increase
9,400 increase
9,400 increase
August 20, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 1 or
43 Planning Department - Abandoned MFG Home
Code 245 -8405- 465.45 -36 Project /Abandoned Home Removal
245- 0000 - 334.83 -04 DENR — Abandoned MFG Home
245- 0000 - 399.00 -00 Fund Balance Appropriated
245- 0000 - 389.10 -00 Interfund Transfer General Fund
44 Planning Department — Other Financing for Abandoned MFG Home
Code 110 -8701 - 490.90 -68 Interfund Transfer — Abandoned Home
110- 8800 - 490.32 -16 Contingency
47 Cooperative Extension
Code 110- 7300 - 465.32 -31
110- 7300 - 465.12 -00
110- 7300 - 465.22 -00
110- 7300 - 465.26 -08
48 Sheriff's Department
Code 110 -5100- 420.43 -21
110- 0000 - 356.30 -00
4 -H
Salaries & Wages Part-time
FICA
Workman's Compensation
Maintenance & Repair Auto
Insurance Claims
49 Cooperative Extension, Pesticide Recycling Program
Code 110- 7300 - 465.32 -39 Pesticide Recycling
110 - 0000 - 334.73 -19 Pesticide Environmental Trust Fund
15,000 increase
5,000 increase
4,354 decrease
14,354 increase
14,354 increase
14,354 decrease
995 decrease
865 increase
66 increase
64 increase
50 Cooperative Extension 4 -H Teen Court & At -Risk Youth Development
Code 110- 7324 - 465.11 -00
110- 7324 - 465.22 -00
110- 7324 - 465.26 -08
110- 7324 - 465.23 -00
110- 7324 - 465.21 -00
110- 7324 - 465.60 -47
110- 7324 - 465.58 -01
110- 7324 - 465.60 -33
110- 7324 - 465.58 -14
110- 7324 - 465.32 -26
110- 7324 - 465.52 -54
110- 7324 - 465.21 -04
110- 7324 - 465.21 -05
110- 0000 - 334 -73 -24
Salaries & Wages
FICA
Workman's Compensation
Retirement
Group Insurance (Medicare & Health)
(10 mos)
Food & Provisions
Training and Meetings
Materials & Supplies
Travel
Incentives
Insurance Bonds
Health Savings Account
Employee Clinic
4 -H Teen Court At Risk Youth Dev.
8,534 increase
8,534 increase
1,895 increase
1,895 increase
19,360 increase
1,481 increase
743 increase
1,349 increase
4,200 increase
1,100 increase
2,100 increase
5,976 increase
1,200 increase
1,261 increase
100 increase
880 increase
250 increase
40,000 increase
August 20, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page2or9
51 Administration Department
Code 110 -4150- 410.12 -00
110- 4150- 410.22 -00
110 -4150- 410.26 -08
110- 8800 - 490.32 -16
Salaries & Wages 8,633 increase
FICA Tax Expense 660 increase
Worker's Compensation 51 increase
Contingency 9,344 decrease
52 Public Utilities Department
Code 531- 9000 - 431.74 -74 Capital Outlay /Capital Outlay — Equipment 21,674 increase
531- 0000 - 356.30 -00 Reimbursement/Insurance Claim 21,674 increase
3. Tax refunds, rebates and releases (Attachment 1)
4. Sherriffs Office requested permission to accept the Governor's Crime Commissioner
PAL's Grant in the amount of $9,400. There is no county match required.
5. Sheriff's Office requested permission to accept a grant from the Office of Justice
Program under the FY 2012 Edward Byrne Memorial Justice Assistance Grant Program
in the amount of $14,563. The funds will be used to purchase a mobile computer, CAD
software and mapping software for patrol deputies. This software will enable deputies to
respond to calls and to complete other tasks more efficiently. There is no local match
required.
6. Planning Service's Community Development Administrator requested approval of the
grant agreement contract for 2011 CDBG Scattered Site Housing Project Grant in the
amount of $400,000. There is no local match required.
7. Cooperative Extension requested permission to accept grant funding from the North
Carolina Department of Agriculture (NCDA) in the amount of $1,895 to house a
Pesticide Container Recycling Unit on the back grounds of the Harnett County
Agriculture Center in Harnett County.
8. Cooperative Extension requested permission to accept funding from Wal -Mart for
funding for the Shopping Matters program in the amount $1,200.
9. Harnett County 4 -H requested permission to accept a donation from Farm. Bureau of
Harnett County in the amount of $7,500 for the purchase of a 12'x20' storage building to
be installed behind the Agriculture Center.
10. Planning Services, on behalf of Harnett County Housing, requested approval of
resolution approving SEMAP Certification for Fiscal Year ending June 30, 2012.
(Attachment 2)
11. Emergency Services requested authorization to accept award from NC Department of
Crime Control & Public Safety's Division of Emergency Management in the amount of
August 20, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 3 or 9
$35,000. This is the first of two awards. This total reflects a universal amount that the
county is eligible to receive provided all universal activities are completed and
documentation is approved by the State before September 30, 2013.
Chairman McNeill opened the floor for infotrual comments by the public, allowing up to 3
minutes for each presentation up to 30 minutes.
- Catherine Evans, Treasurer for the Harnett County Arts Council, Inc., thanked the
commissioners for their past support and requested $6,000 to support the council's
community efforts; noting the council would match this contribution with fundraisers,
sponsorships contributions, memberships and art sales. Mrs. Evans also shared details
and pictures of some activities recently sponsored by the council.
The following citizens spoke in support of building a new middle school using QSCB
money with little or no interest:
• Lisa Teston of 818 Rainey Drive
• Victoria Hall of 426 Green Spring Drive and president of Highland Elementary
School's PTO
• Kim Hasty, who recently moved here from Tennessee
• Rosemary Buerger of 76 Anson Lane
• Donna Parker of 1139 Yarington Road
• Tammy Pope of 61 Bluebird Court
• Chastity Harwell of Highland Forest Drive in Sanford
• Eldon Sloan of 84 Sloan Road in Broadway
• Joe Miller of 136 Vick Keith Road
• Kerri Burrell of 494 Crown Pointe
- Melissa Johnson, who recently moved to Harnett County from Colorado, said she was
never informed about the over - crowding in the schools. She said real estate agents are
unaware of this. Mrs. Johnson's son now must attend a school 37 minutes away from
their home. She said people want to live in Harnett County because the taxes are so low
but asked commissioners where they plan to put the additional kids that will come as a
result of over 800 houses currently on the market in Harnett County.
- Mr. Kevin Gregory, Harnett County Board of Education member, reported the enrollment
in the Harnett County school system was currently 20,329 students. Mr. Gregory
questioned a moratorium on building but said something has to be done now,
collectively, to fix this situation.
Chairman McNeill noted the county is required to educate each child that comes to it. He told
citizens if the county did not use this zero interest money now, the same school would cost an
additional $15 Million in interest later. Chaiiiiian McNeill said he believed an increase in sales
tax would be the way to go but noted this option had been voted down three times previously in
Harnett County. He said the increase would generate $1.3 million a year which could go toward
payments on this school. Chairman McNeill also encouraged citizens to contact their legislators.
August 20, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 4 or l
Alvin McArtan, Bill King and Tom Steves presented the annual presentation for the Sandhills
Antique Farm Equipment Club. The club now has 63 families who support the mission "To
preserve southern agriculture heritage through restoration and display of antique farm equipment
at work, and to provide fun and educational family activities for North Carolinians of all ages ".
The gentlemen gave an overview of activities at the Sandhills Farm Park; club involvement in
the community including scholarships and a benevolent fund; and community activities
supported with demonstrations and /or static displays.
Mr. Sauer presented for consideration a resolution calling for a public hearing with respect to a
Proposed Installment Financing Contract for Highland Middle School. Mr. Sauer noted this step
was in keeping with the recently adopted schedule proposed by bond counsel for the potential
financing. Mr. Sauer also noted folks were available for questions if needed.
Commissioner Burgin, in talking with a representative from Hite Associates, said he believes a
new middle school can be constructed for less than $30 Million. Commissioner Burgin said he
had heard it said that we will need between $138 and $148 Million for schools over the next 5 to
10 years and the % cent sales increase will only generate $1.3 Million. He said he thinks they
should take a multi -part approach to deal with this which would include building less expensive
schools, redistricting, look at using existing buildings, charters schools, vouchers, etc.
Mr. Robbie Ferris, CEO and President of SfL +a Architects who designed the proposed middle
school, said he had worked on various options since an earlier discussion with Commissioner
Burgin. Mr. Ferris said there are costs associated with upgrades which should result in
tremendous savings over time. Mr. Ferris said upgrades for the proposed middle school would
save approximately $9.6 Million over 40 years. Mr. Ferris said moving forward the county
should seriously consider leasing a new school which would save $14 Million over 40 years
which is considered the life cycle of the building however Mr. Ferris did not recommend the
leasing option in this case given QSCB funds were available.
Dr. Tony Parker, with Hite Associates and a former Johnston County Superintendent, said he had
responded when asked what his company could do and stressed they build high quality schools
for less money. He said his company uses USA model elements as well as common sense
elements.
Chaiiman McNeill said he believes the die is cast is for this school and doesn't think Hite
Associates has enough time to meet this schedule but could be considered going forward with
other projects. Chairman McNeill also mentioned his understanding that Bertie County is
struggling to figure out how to pay for a school that came in over budget recently built by Hite
Associates. Mr. Parker responded the sight work came back higher on that project but said a
high school for 900 students built for around $20 million was still good for a high school. The
chairman noted the proposed $30 Million included athletic fields, furniture, computer lines, and
all other soft costs to get the school key ready. Mr. Parker says the cost for his schools also
includes soft costs.
August 20, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 5 or 8
Chairman McNeill moved to adopt the Resolution of the Board of Commissioners of the County
of Harnett, North Carolina, Calling for a Public Hearing with Respect to a Proposed Installment
Financing Contract. Commissioner Andrews seconded the motion which passed unanimously.
(Attachment 3)
Mark Locklear petitioned the Board for a public hearing regarding a Proposed Zoning Request:
Owner of Record: Bradley Allen Lee; From RA -30 to RA -20M Zoning, 1.12 +/- acres, 309
Kivett Road Neill's Creek Township. Mr. Locklear noted the site is occupied by a single family
dwelling and the surrounding land uses consist of singlewide manufactured homes, single family
dwelling, Kivett Corner Apartments and vacant land. Campbell University is in close proximity
to this site.
Staff reported a public hearing was held by the Planning Board on Monday, July 2, 2012. Mr.
Elmore made a motion with Mr. Robinson seconding to recommend that the County
Commissioners approve the request. The motion failed with a two -to -three vote with Ms. Web,
Mr. Bullion and Ms. Wood opposed. Commissioner Burgin questioned if the planning board had
listed their findings when they voted against this. Mr. Locklear said he believed two citizens
spoke against the rezoning request during the public hearing because they feared mobile homes
would be placed on the property. It was clarified that if this property was rezoned, a mobile
home could be placed on the property but the applicant must receive a special use permit to
operate a mobile home park on this site.
Mr. Locklear reported staff evaluation as:
- The IMPACT to the adjacent property owners and the surrounding community is
reasonable, and the benefits of the rezoning outweigh any potential inconvenience or
harm to the community. REASONING: The requested zoning district is compatible
with surrounding land uses and should have no unreasonable impact on the adjacent
property owners or the surrounding community.
The requested zoning district is COMPATIBLE with the existing Land Use
Classification. REASONING: The subject properties are located within a Municipal
Growth Boundary, which is intended to promote compact development.
- The proposal does ENHANCE or maintain the public health, safety and general
welfare. REASONING: The request zoning district is compatible with the general
vicinity of the site due to the nature of current surrounding land uses.
- This request is NOT for a small scale rezoning. REASONING: This site is
contiguous to existing RA -20M zoning, which is across the street and therefore
should not be evaluated for a small scale rezoning request.
Suggested Statement -of- Consistency: Staff concludes that the requested rezoning to RA -20M is
compatible with Harnett County regulatory documents and would not have an unreasonable
impact on the surrounding community and will enhance the public health, safety, and general
welfare for the reasons stated in the evaluation. It is recommended that this rezoning request be
approved.
August 20, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page6or9
Chaiinian McNeill called to order a public hearing on the matter and opened the meeting for
comments from the public.
Bradley Allen Lee, applicant, stressed his intent for the property was to build townhouses
or - apartments to rent. Tyrus Clayton, the engineer hired by Mr. Lee, distributed
packages to the commissioners detailing the proposed use for this land which was to
leave the single family dwelling as is and develop on the remaining property.
- Dan Edgerton, who lives in Raleigh but owns the property behind and across the street
from this site, stated his was opposition to this rezoning request. Mr. Edgerton said if
things don't go well for Mr. Lee, manufactured homes could be placed on the property
and he doesn't feel that this is the time to be lowering the zoning standards.
Mr. Lee and Mr. Clayton assured the Board; even though Mr. Lee does not currently have
his financing line up for this project, he does not intend to put a mobile home on this
property.
Seeing no one move, Chainuan McNeill closed the public hearing. Chairman McNeill said he
believes it is a good project but he can't see lowering the property value by placing a mobile
home on the property. Chairman McNeill moved to approve the rezoning request as presented.
Commissioner House seconded the motion which passed unanimously.
Mr. Sauer reminded the group of their upcoming August 28, 2012, special session. Mr. Sauer
also provided follow -up on several earlier inquiries. He reported fees paid to -date to Nexsen
Pruet Law Finii totals $38,164. Mr. Sauer reported that the Harnett Forward Together
Committee had solicited six fiuiis for the mowing of the Brighwater Campus with Davenport
coming in the lowest with a bid of $9,600 a year. Phyllis Owens, Director of Economic
Development, said they called various recommended lawn care companies.
Mr. Sauer also reported that Mr. Bill Smith, RedRock Construction, assured him they were
making efforts to engage local contractors as much as possible for construction of the community
college building. It was noted that Wellons Corp. has the grading and site work for a contract
over $1 Million; Southeastern Interiors has all of the carpet and tile work for the flooring for a
contract in excess of $200,00; they are securing hardware and lumber from J.E. Womble; and the
project signs are being produced by Larry's Sign Shop.
Commissioner House moved that the Board go in to closed session to discuss matters relating to
the location or expansion of industries or other businesses in Harnett County. This motion was
made pursuant to N.C. General Statute Section 143- 318.11(a)(4). The motion was seconded by
Vice Chairman Hill and passed unanimously.
Vice Chairman Hilled moved that the Board come out of closed session. Commissioner
Andrews seconded the motion which passed unanimously.
August 20, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 7 or8
Chairman McNeill called for any new business. Commissioner Burgin asked Finance Officer
Sylvia Blinson about her progress regarding the county asset audit which Mrs. Blinson proposed
performing the audit mostly in -house which she believed would take approximately one week
but was still working out the details.
Commissioner Burgin reported that he had recently spoken with Mr. Bob Segal at the NCACC
conference. He said Mr. Segal informed him that the company previously interested in placing
solar panels on top of the new detention center was willing to pay twice as much money to do
this now. Mr. Sauer said they could consider this as long as it did not involve a purchase at the
end. Mr. Burgin also noted Mr. Segal's interest in providing the county with a quote to perform
the upcoming asset audit.
At 9:19 pm Vice Chairman Hill moved to adjourn the meeting. Commissioner Andrews
seconded the motion which passed unanini ly.
Timoth
McNeill, Chairman
eeler, Clerk
August 20, 2012 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 8 or 8
ATTACHMENT 1
Approved by the Harnett
:aunty Board of Commissioners
Date : 08/20/2012
TO : HARNETT COUNTY BOARD OF COMMISSIONERS
RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES
Approved By : A a C 75 - o- /,q
No. Name of Tax Payer BiII # Tax,,Interest and Penalties Total Request
Refund Status
1 BLACK, SHAWN
CARLTON
190 VALLEY VIEW COURT
SANFORD, NC, 27332
2 CALLAHAN, AMANDA
JEAN
CALLAHAN, JACOB
JAMES
99 BONE OAK
SANFORD, NC, 27332 -
7956
3 DUBE, JARED A
DUBE, AMANDA BREWER
9 MCGREGOR ST
CAMERON, NC, 28326
4 DUBE, JARED A
DUBE, AMANDA BREWER
9 MCGREGOR ST
CAMERON, NC, 28326
5 DUBE, JARED A
9 MCGREGOR ST
CAMERON, NC, 28326
6 DUBE, JARED A
DUBE, AMANDA BREWER
9 MCGREGOR ST
CAMERON, NC, 28326
7 DUBE, JARED A
9 MCGREGOR ST
CAMERON, NC, 28326
8 FARNSWORTH, TAMMI L
30 BICENTENNIAL WAY
CAMERON, NC, 28326 -
5017
9 KIRKPATRICK
ASSOCIATES
PO DRAWER 2570
BURLINGTON NC, 27216 -
0000
10 KIRKPATRICK
ASSOCIATES
PO DRAWER 2570
BURLINGTON NC, 27216 -
0000
11 KIRKPATRICK
ASSOCIATES
PO DRAWER 2570
BURLINGTON NC, 27216 -
0000
12 KIRKPATRICK
ASSOCIATES
PO DRAWER 2570
BURLINGTON NC, 27216 -
0000
0001764648- 2011- 2011-
000000
City
County
City
0001895983- 2011 -2011-
000000
County
0001582183- 2008 -2008-
000000
0001582183- 2009 -2009-
000000
0001775039- 2010 -2010-
000000
0001789656- 2010- 2010-
000000
0001885806- 2011- 2011-
000000
0001980944- 2012 -2012-
000000
0000029443- 2007- 2007-
000000
City
County
City
County
City
County
City
County
City
County
City
County
City
County
City
0000029443- 2008- 2008-
000000 County
0000029443- 2009- 2009-
000000
City
County
City
0000029443- 2010- 2010-
000000
County
0.00
172.35
0.00
32.70
0.00
61.40
0.00
53.92
0.00
72.27
0.00
34.92
0.00
288.37
0.00
85.97
0.00
254.92
0.00
262.42
0.00
278.38
0.00
278.38
172.35 Refund
32.70 Refund
61.40 Refund
53.92 Refund
72.27 Refund
34.92 Refund
288.37 Refund
86.97 Refund
254.92 Refund
262.42 Refund
278.38 Refund
278.38 Refund
Reason
Military Exemption
Military Exemption
Military Exemption
Military Exemption
Military Exemption
Military Exemption
Military Exemption
Military Exemption
Value Decrease
Value Decrease
Value Decrease
Value Decrease
13 KIRKPATRICK
ASSOCIATES
PO DRAWER 2570
BURLINGTON NC, 27216 -
0000
14 MASON, JOYCE A
P 0 BOX 556
BROADWAY NC, 27505 -
0000
15 VENTRICE, KELLY JO
5 MCWILLIAM ST
CAMERON, NC 283266165
CAMERON, NC, 28326 -
6165
16 VENTRICE, KELLY JO
5 MCWILLIAM ST
CAMERON, NC 283266165
CAMERON, NC, 28326 -
6165
WM. A. TONY WILDER
Revenue Administrator
CC:
WM. A. TONY WILDER
0000029443- 2011- 2011-
000000
0001992425- 2012 -2012-
110000
0001791217- 2011 -2011-
000000
0001892710- 2011- 2011-
000000
City
County
City
County
City
County
City
County
0.00
315.57
0.00
43.73
0.00
102.32
0.00
103.57
315.57 Refund
43.73 Refund
102.32 Refund
103.57 Refund
City Total 0.00
County 2442 19
Total
Total to
be 2,442.19
Refunded
Value Decrease
Elderly Exemption
Military Exemption
Military Exemption
ATTACHMENT 2
Harnett County Housing operated by
anford
Housing Authority
RESOLUTION
RESOLUTION APPROVING SEMAP CERTIFICATION FOR
FISCAL YEAR ENDING JUNE 30TH, 2012
303 W. Dl1C& STREET
P. O. Box 1239
LH LINGTON. NC 27346
(910) 893-7560
WHEREAS, it is the responsibility of the Executive Director to prepare the Section Eight Management
Assessment Program.
WHEREAS, it is the responsibility of the board of commissioners to review, make adjustments, and
approve the SEMAP certification for the Harnett County Section 8 Program.
NOW THEREFORE BE IT RESOLVED THAT, the board of commissioners have reviewed and approved the
SEMAP certification for the Harnett County Section 8 Program.
The above resolution was introduced by Chairman McNeill, read in full and considered:
Commissioner lg c� �- �� h� �1_ C N , moved that the foregoing Resolution be adopted as
introduced and read, which motion was seconded by Commissioner %j eg4v' c_ 14) /(
and upon roll call the "Ayes" and "Nays" were as follows:
AYES
5
NAYS
0
The Chairman thereupon declared the motion carried and said Resolution adopted.
Regular Meeting, August 20, 2012
a/i
Timothy B. cNeill, Chairman
BUILDING STRONGER FAMILIES THROUGH COMMUNITY PARTNERSHIPS
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 (the "County ") was held on Monday, August 20, 2012, at 7:00 p.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 presiding and the following
Commissioners present:
Commissioners Present:
Timothy B. McNeill, Chairman
Beatrice B. Hill, Vice Chairman
Jim Burgin, Commissioner
Gary House, Commissioner
Dan Andrews, Commissioner
Commissioners Absent: none
* * *
Commissioner Timothy B. McNeill moved that the following resolution (the "Resolution "), a
copy of which was available with the Board and which was read by title:
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT,
NORTH CAROLINA, CALLING FOR A PUBLIC HEARING WITH RESPECT TO A
PROPOSED INSTALLMENT FINANCING CONTRACT
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 purchase contracts in order to finance or
refinance 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 is considering (1) entering into an installment financing contract in an
amount not to exceed $31,500,000 (the "Proposed Contract") to finance the acquisition, construction,
furnishing and equipping of a new Highland Middle School (the "Project ") and (2) executing and
delivering a deed of trust, security agreement and fixture filing (the "Proposed Deed of Trust") related to
all or a portion of the County's fee simple interest in the real property on which the Project will be
located, together with the improvements thereon, as may be required by the entity providing the funds to
the County under the Contract;
WHEREAS, no deficiency judgment may be rendered against the County in any action for its
breach of the Proposed Contract, and the taxing power of the County may not be pledged in any way
directly or indirectly or contingently to secure any moneys due under the Proposed Contract; and
PPAB 1991831v3
WHEREAS, a public hearing on the Proposed Contract after publication of a notice with respect to
such public hearing must be held and approval of the Local Government Commission with respect to
entering the Proposed Contract must be received;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
COUNTY OF HARNE] i; NORTH CAROLINA, AS FOLLOWS:
Section 1. Direction to Retain Special Counsel; Financial Advisor. The County Manager
and the Finance Officer, with advice from the County Attorney, are hereby authorized and directed to
retain the assistance of Parker Poe Adams & Bernstein LLP, Charlotte, North Carolina, as special
counsel, and Davenport & Company LLC, as financial advisor.
Section 2. Public Hearing. A public hearing (the "Public Hearing ") shall be conducted by
the Board of Commissioners on September 4, 2012 at 9:00 a.m. in the County Commissioners' Meeting
Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina,
concerning the Proposed Contract, the Proposed Deed of Trust, the financing of the Project and any other
transactions contemplated therein and associated therewith.
Section 3. Notice of Public Hearing. The Clerk to the Board is hereby directed to cause a
notice of the Public Hearing in the form attached hereto as Exhibit A to be published once in a qualified
newspaper of general circulation within the County no fewer than 10 days prior to the Public Hearing.
Section 4. Repealer. All motions, orders, resolutions and parts thereof in conflict herewith
are hereby repealed.
Section 5. Effective Date. This Resolution is effective on the date of its adoption.
On motion of Commissioner Timothy B. McNeill, the foregoing resolution entitled
"RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH
CAROLINA, CALLING FOR A PUBLIC HEARING WITH RESPECT TO A PROPOSED INSTALLMENT
FINANCING CONTRACT" was duly adopted by the following vote:
AYES: 5
NAYS: 0
PPAB 1991831v3
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 THE BOARD OF COMMISSIONERS OF THE COUNTY OF HAR.NETT, NORTH
CAROLINA, CALLING FOR A PUBLIC HEARING WITH RESPECT TO A PROPOSED INSTALLMENT
FINANCING CONTRACT" adopted by the Board of Commissioners of the County of Harnett, North
Carolina, at a meeting held on the 20th day of August, 2012.
WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 20th
day of August, 2012.
•
Z'G•
c�.
PPAB 1991831v3
MARG • T REGIN HEELER
Clerk o the Board
County of Harnett, North Carolina
EXHIBIT A
NOTICE OF PUBLIC HEARING
The Board of Commissioners (the "Board') of the County of Harnett, North Carolina
(the "County ") is considering (1) entering into an installment financing contract in an amount not to
exceed $31,500,000 (the "Contract") to finance the acquisition, construction, furnishing and equipping of
a new Highland Middle School (the "Project") and (2) executing and delivering a deed of trust, security
agreement and fixture filing (the "Deed of Trust") related to all or a portion of the County's fee simple
interest in the real property on which Highland Middle School will be located, together with the
improvements thereon (collectively, the "Premises "), as may be required by the entity providing the funds
to the County under the Contract.
Highland Middle School will be located on a parcel between Buffalo Lake Road (SR 1115) and
Tingen Road (SR 1139), adjacent to Highland Elementary School, which is located at 1915 Buffalo Lake
Road, Sanford, North Carolina 27332. The Premises identified above would be mortgaged under the
Deed of Trust. On the County's payment of all installment payments due under the Contract, the Deed of
Trust and any lien created thereunder would terminate and the County's title to the Premises would be
unencumbered.
NOTICE IS HEREBY GIVEN, pursuant to Sections 160A -20 and 153A -158.1 of the General
Statutes of North Carolina, that on September 4, 2012 at 9:00 a.m. in the County Commissioners'
Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North
Carolina, a public hearing will be conducted concerning the approval of the execution, delivery and
performance of the Contract and the Deed of Trust and the Project to be financed thereby. All interested
parties are invited to present comments at the public hearing regarding the execution, delivery and
performance of the Contract and the Deed of Trust and the Project to be financed thereby.
/s/ Margaret Regina Wheeler
Clerk to the Board of Commissioners
County of Harnett, North Carolina
Published: August 24, 2012
PPAB 1991831v3