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04012002HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting April 1, 2002 The Harnett County Board of Commissioners met in regular session on Monday, April 1, 2002, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. • Members present: Teddy J. Byrd, Chairman Beatrice Bailey Hill, Vice Chairman Dan B. Andrews Walt Titchener Tim McNeill Staff present: Neil Emory, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Dwight W. Snow, County Attorney Kay S. Blanchard, Clerk to the Board Chairman Byrd called the meeting to order at 9:00 a.m. and Commissioner Hill led the prayer and pledge of allegiance. Commissioner Hill moved to approve the agenda as published with addition of a budget amendment to the consent agenda. Commissioner Titchener seconded the motion and it passed unanimously. Upon motion by Commissioner Titchener and seconded by Commissioner McNeill, the Board unanimously approved the following items on the consent agenda: • 1. Minutes: Regular meeting, March 18, 2002 2. Budget amendments: 327 Southwest Regional III Project (Fund 542 — "REGIII') Code 542-0000-334.42-00 NC Water Grant — "REGIII" 2,000,000. increase 542-0000-370.73-00 NCDENR Water Bond-"REGIII" 1,000,000. increase 542-0000-353.25-10 Contribu.-Moore Co.-"REGIII" 988,800. increase 542-0000-370.79-00 Loan Proceeds -First Union "REGIII" 1,029,969. increase 542-9101-431.45-05 Contract 4-Park Construction "REGIII" 2,793,430. increase 542-9101-431.45-06 Contract 5-Horne Construction "REGIII" 266,669. increase 542-9101-431.45-07 Contract 6-Phoenix Fabricators "REGIII" 465,142. increase 542-9101-431.45-12 Electrical Hogue-"REGIII" 157,700. increase 542-9101-431.45-70 Interest During Construction "REGIII" 100,000. increase 542-9101-431.45-30 Engineering-"REGIII" 75,000. increase 542-9101-431.45-80 Contingency-"REGIII" 1,160,828. increase 328 Western Harnett/Johnsonville School Project Fund 547-" � WH SCH"_) Code 547-0000-334.30-61 CDBG Grant Funds "WH SCH" 181,000. increase 547-0000-370.79-00 Loan Proceeds "WH SCH" 399,933. increase 547-0000-353.42-00 Contribution-BOE "WH SCH" 550,000. increase 547-9106-431.45-27 Utilities Plus "WH SCH" 565,772. increase 547-9106.431.45-29 Billy Johnson Construction "WH SCH" 608,500. increase 547-9106-431.45-40 Land & Right -of -Way "WH SCH" 7,000. increase 547-9106-431.45-70 Interest During Const. "WH SCH" 28,575. increase 547-9106-431.45-80 Contingency "WH SCH" 78,914. decrease 329 Hamett/FuquU Wastewater Project (Fund 542-"PU0102") Code 542-0000-331.88-10 US Dept. of Commerce EDA "PU0102" 750,000. increase 75,000. increase 1,900,098. increase 542-0000-334.90-01 Rural Center Grant "PU0102" 542-0000-370.79-00 Debt Proceeds "PU0102" 542-9101-431.45-17 TA Loving Construction - "PU0102" 542-9101-431.45-18 TA Loving Pump Station - "PU0102" 542-9101-431.45-19 TA Loving Electrical-"PU0102" 542-9101-431.45-16 Temple Grading - "PU0102" 542-9101-431.45-12 Electrical-"PU0102" 542-9101-431.45-70 Interest During Construction "PU0102" 542-9101-431.45-80 Contingency-"PU0102" 333 General Services (Fund 110-General) Code 110-0000-353.09-00 One -on -One Donations 110-0000-399.00-00 Fund Balance Appropriated 344 Revenues (Fund 110-General) Code 110-0000-356.90-01 Board of Elections - Town Reimbursements 110-0000-367.00-00 Filing & Registration Fees 110-0000-399.00-00 Fund Balance Appropriated 996,500. increase 638,000. increase 117,500. increase 561,114. increase 28,895. increase 140,000. increase 243,089. increase 518. increase 518. decrease 15,000. increase 8,500. increase 23,500. decrease 345 Wastewater SCADA Improvements (Fund 542-"SCADA") Code 542-9101-431.45-01 Construction "SCADA" 15,000. increase 542-0000-356.80-02 Contractor Reimbursement Sewer & Lift "SCADA" 15,000. increase 352 Emergency Telephone System (Fund 240-E911) Code 240-5900-420.30-04 Professional Services 38,000. decrease 240-5900-420.74-74 Capital Outley-Equip. 39,000. increase 3. Tax refunds and releases (Attachment 1) 4. Correction to typo on Zoning Ordinance text amendment adopted March 18, 2002 (Attachment 2) 5. Resolution for NC Department of Transportation regarding economic development projects (Attachment 3) 6. Audit contract with Cherry Bekaert & Holland, CPA to audit the accounts of the County for FY 2001-2002. 7. Change order for Water Plant 18 MGD Expansion project (Attachment 4) Amendment to the County's economic development incentive plan that will allow consideration of incentives for projects that are not capital intensive but will create jobs at salary levels above the County average. The amendment reads as follows: Harnett County may also provide an economic development incentive grant based upon the number of jobs created at an average salary level of 110% of the average hourly wage for the County. The amount of the grant shall be recommended by the Harnett Forward Together Committee and approved by the County Commissioners subject to a public hearing. 9. Authorization to increase Emergency Medical Service transport fees in response to Federal changes in reimbursement rates for Medicare. The fees listed below will be effective April 1, 2002. Billinia Categories New Fees BLS Non -Emergency $150.00 BLS Emergency 190.00 ALS 1 Non -Emergency 160.00 ALS 1 Emergency 250.00 ALS 2 Emergency 325.00 Loaded Patient Mileage 8.25/mile E u Is Howard Penny, Jr., Chairman, Hunting Regulations Advisory Committee, presented recommendations of the Committee to the Board of Commissioners regarding changes to the hunting regulations in Harnett County. Included in the recommendations are the following changes: 1. That it be unlawful to hunt or possess a loaded firearm (loaded means shell(s) in chamber, magazine or clip), to include centerfire rifles, shotguns or pistols with barrel lengths greater than 5 '/2 inches, from or on or across the right of way of any public road, street, highway, thoroughfare, or approved subdivision streets. 2. Repeal of S.L. 1977, c. 636, which would revert Harnett County fox season 0 restrictions to North Carolina's fox regulations. Following the presentation by Mr. Penny, the Board discussed the recommendations of the Hunting Regulations Advisory Committee and may consider the proposed changes at a future meeting. Dave Chatellier, advisory committee member, discussed the problem of hunting dogs trespassing on posted land. Chairman Byrd called to order a public hearing on a proposed Annual Plan for Harnett County Housing Program. JoAnne Hairr, Harnett County Housing Coordinator, presented the proposed plan and stated that the purpose of the public hearing was to obtain comments from the public regarding the proposed Section 8 Housing Program. Chairman Byrd opened the meeting for public comments. No comments were offered and Chairman Byrd closed the public hearing. Commissioner McNeill moved to adopt a resolution approving the plan as presented. Commissioner Hill seconded the motion and it passed unanimously. (Attachment 5) Chairman Byrd called to order a public hearing regarding financing of a new high school facility and a new elementary school project. Neil Emory, County Manager, presented a resolution regarding the matter and stated that the purpose of the public hearing was to obtain comments from the public regarding the proposed resolution. Chairman Byrd opened the meeting for public comments. No comments were offered and Chairman Byrd closed the public hearing. Commissioner Titchener moved for adoption of the proposed resolution. Commissioner Hill seconded the motion and it passed unanimously. (Attachment 6) Neil Emory, County Manager, reported on the following items: - Timber sales on Overhills tract - Anderson Creek Golf Club request to stockpile land clearing debris - Johnsonville Senior Center project Commissioner Hill moved for the Board to go into closed session for the following purposes: a) To instruct the County staff concerning the position to be taken on behalf of the County in negotiating the terms of a proposed contract for the acquisition of real property; b) To discuss matters relating to the location or expansion of industries or other businesses in Harnett County; and c) To discuss a personnel matter. This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(4)(5)&(6). Commissioner McNeill seconded the motion and it passed unanimously. Commissioner Hill moved for the Board to come out of closed session. Commissioner Andrews seconded the motion and it passed unanimously. There being no further business, Commissioner McNeill moved for adjournment. Commissioner Andrews seconded the motion and it passed unanimously. The Harnett County board of Commissioners' regular meeting, April 1, 2002, duly adjourned at 11:00 a.m. �� n 'I' t dam rman Kay S Blanchard, Clerk to the Board 568 Attachment 1. Data MONTHLY REFUND REPORT 26-Mar-02 BILL NUMBER NAME REASON AMOUNT YEAR MONTH TOWN 20010874 ALTMAN, JR WILEY DID NOT OWN IN 2001 COUNTYWIDE - 3,795 X .73 = 27.70 2001 04/02 MAX BLACK RIVER FIRE - 3,795 X .07 = 2.66 207 CALLIE COATS LN PENALTY - 3.04 ANGIER, NC 27501 TOTAL - 33.40 CREDIT REFUND TO: BILL # 2002-80435 20012271 BAKER, PRESTON CORRECTED VALUE ON COUNTYWIDE - 9,631 X .76 = 73.20 2001 04/02 500 COMMUNITY DRIVE MANUFACTURED HOME N HARN FIRE - 9,631 X .08 = 7.70 FUQUAY VARINA, NC TOTAL - 80.90 27526 2001624626 BATEMAN, WILLIAM F SOLD VEHICLE COUNTYWIDE - 6,475 X .76 = 49.21 2001 04/02 461 CROWN POINT DR SPOUT SPRINGS FIRE - 6,475 X .10 = SANFORD, NC 27330 6.48 TOTAL - 55.69 20013142 BATTS, JOSH BARNES CORRECTION OF VALUE COUNTYWIDE - 13,790 X .76 = 104.80 2001 04/02 535 MILTON WELCH SPOUT SPRINGS FIRE - 13,790 X .10 = ROAD 13.79 SANFORD, NC 27330 TOTAL - 118.59 200170147 BELCHER UTILITIES TMA RELEASED COUNTYWIDE - 2,367 X .70 = 16.57 2001 04/02 P.O. BOX 1549 DISCOVERY AFTER BILL BLACK RIVER FIRE - 2,367 X .08 = 1.89 ANGIER, NC 27501 HAD BEEN PAID PENALTY - 11.07 TOTAL - 29.53 200170142 BELCHER UTILITIES TMA RELEASED BLACK RIVER FIRE - 736 X .07 = .52 2001 04/02 P.O. BOX 1549 DISCOVERY AFTER BILL PENALTY - .05 ANGIER, NC 27501 HAD BEEN PAID TOTAL - .57 200170143 BELCHER UTILITIES TMA RELEASED COUNTYWIDE - 539 X .73 = 3.93 2001 04/02 P.O. BOX 1549 DISCOVERY AFTER BILL BLACK RIVER FIRE - 539 X .07 = .38 ANGIER, NC 27501 HAD BEEN PAID PENALTY - .87 TOTAL - 5.18 200170144 BELCHER UTILITIES TMA RELEASED COUNTYWIDE - 1,244 X .73 = 9.08 2001 04/02 P.O. BOX 1549 DISCOVERY AFTER BILL BLACK RIVER FIRE - 1,244 X .07 = .87 ANGIER, NC 27501 HAD BEEN PAID PENALTY - 2.98 TOTAL - 12.93 200170145 BELCHER UTILITIES TMA RELEASED COUNTYWIDE - 2,100 X .68 = 14.69 2001 04/02 P.O. BOX 1549 DISCOVERY AFTER BILL BLACK RIVER FIRE - 2,100 X .07 = 1.47 ANGIER, NC 27501 HAD BEEN PAID PENALTY - 6.30 TOTAL - 22.05 200170146 BELCHER UTILITIES TMA RELEASED COUNTYWIDE - 2,161 X .68 = 14.69 2001 04/02 P.O. BOX 1549 DISCOVERY AFTER BILL BLACK RIVER FIRE - 2,161 X .07 = 1.51 ANGIER, NC 27501 HAD BEEN PAID PENALTY - 8.11 TOTAL - 24.31 1996851319 CHANCE, ARNOLD DOUBLE BILLED COUNTYWIDE - 7,704 X .70 = 53.93 1996 04/02 RR 1, BOX 104 AVERASBORO FIRE - 7,704 X .04 = 3.08 DUNN, NC 28334 AVERASBORO RESCUE - 7,704 X .045 = 3.47 AVERASBORO SCHOOL - 7,704 X .02 = 1.54 TOTAL - 62.02 2001506033 COLLINS, COLON SOLD VEHICLE COUNTYWIDE - 9,777 X .76 = 74.31 2001 04/02 RANDOLPH BLACK RIVER FIRE - 9,777 X .07 = 6.84 510 MCIVER STREET, E TOTAL - 81.15 ANGIER, NC 27501 2000803556 CORE, JOHN WILLIAM DOUBLE BILLED COUNTYWIDE - 2,435 X .73 = 17.78 2000 04/02 393 WOOD ROAD AVERASBORO FIRE - 2,435 X .04 = .97 DUNN, NC 28334 AVERASBORO SCHOOL - 2,435 X .02 = .49 TOTAL - 19.24 200117898 GOODE, MARK CORRECTED VALUE COUNTYWIDE - 616 X .76 = 4.68 2001 04/02 P.O. BOX 178 SPOUT SPRINGS FIRE - 616 X A = .62 SPRING LAKE, NC 28390 TOTAL - 5.30 2001606918 HODGSON, TIMOTHY M 1/2 MILITARY EXEMPT COUNTYWIDE - 7,830 X .76 = 59.51 2001 04/02 154 BRANDYWOOD CT SPOUT SPRINGS FIRE - 7,830 X. 10 = CAMERON, NC 28326 7.83 TOTAL - 67.34 2001753326 JOHNSON, JAMIE LEE SOLD VEHICLE COUNTYWIDE - 1,033 X .73 = 7.54 2001 04/02 3785 SPRING HILL BOONE TRAIL FIRE - 1,033 X .05 = .52 CHURCH RD TOTAL - 8.06 LILLINGTON, NC 27546 2000605631 KERNS, ROBERT MILITARY EXEMPT COUNTYWIDE - 14,610 X .73 = 106.65 2000 04/02 MICHAEL BENHAVEN FIRE - 14,610 X .07 - 10.23 112 NORTHVIEW DR TOTAL - 116.88 SANFORD, NC 27330 • 0 BILL NUMBER NAME REASON AMOUNT 1998646325 KERNS, ROBERT MILITARY EXEMPT COUNTYWIDE - 9,180 X .68 = 55.62 MICHAEL BENHAVEN FIRE - 8,180 X .07 = 5.73 112 NORTHVIEW DR BENHAVEN RESCUE - 8,180 X .025 = SANFORD, NC 27330 2.05 TOTAL - 63.40 1997526247 KERNS, ROBERT MILITARY EXEMPT COUNTYWIDE - 8,930 X .70 = 62.51 MICHAEL BENHAVEN FIRE - 8,930 X .08 = 7.14 112 NORTHVIEW DR BENHAVEN RESCUE - 8,930 X .025 = SANFORD, NC 27330 2.23 TOTAL - 71.88 1997025869 MABE, JR HENDERSON CHARGED FOR FULL LOT COUNTYWIDE - 21,250 X .68 = 144.50 D VALUE, ONLY HALF LOT BUIES CREEK FIRE - 21,250 X. 10 = P.O. BOX 548 21.25 ERWIN, NC 28339 TOTAL - 165.75 1998027066 MABE, JR HENDERSON CHARGED FOR FULL LOT COUNTYWIDE - 21,250 X .68 = 144.50 D VALUE, ONLY HALF LOT BUIES CREEK FIRE - 21,250 X. 10 = P.O. BOX 548 21.25 ERWIN, NC 28339 TOTAL - 165.75 1999028161 MABE, JR HENDERSON CHARGED FOR FULL LOT COUNTYWIDE - 21,250 X .73 = 155.13 D VALUE, ONLY HALF LOT BUIES CREEK FIRE - 21,250 X .10 = P.O. BOX 548 21.25 ERWIN, NC 28339 INTEREST - 4.89 TOTAL - 181.27 2000029640 MABE, JR HENDERSON CHARGED FOR FULL LOT COUNTYWIDE - 21,250 X .73 = 155.13 D VALUE, ONLY HALF LOT BUIES CREEK FIRE - 21,250 X .10 = P.O. BOX 548 21.25 ERWIN, NC 28339 INTEREST - 3.56 TOTAL - 179.94 1998032350 MORGAN, ROBERT B & CHARGED FOR FULL LOT COUNTYWIDE - 21,250 X .68 = 144.50 KATIE OWEN MORGAN VALUE, ONLY HALF LOT SUMMERVILLE FIRE - 21,250 X .08 = P.O. BOX 1057 14.88 LILLINGTON, NC 27546 TOTAL - 159.38 1999033739 MORGAN, ROBERT B & CHARGED FOR FULL LOT COUNTYWIDE - 21,250 X = 155.13 KATIE OWEN MORGAN .73 VALUE, ONLY HALF LOT BUIES CREEK FIRE - 21,250 X .10 = P.O. BOX 1057 21.25 LILLINGTON, NC 27546 TOTAL - 176.38 2000035396 MORGAN, ROBERT B & CHARGED FOR FULL LOT COUNTYWIDE - 21,250 X .73 = 155.13 KATIE OWEN MORGAN VALUE, ONLY HALF LOT BUIES CREEK FIRE - 21,250 X. 10 = P.O. BOX 1057 21.25 LILLINGTON, NC 27546 TOTAL - 176.38 1997030931 MORGAN, ROBERT B & CHARGED FOR FULL LOT COUNTYWIDE - 21,250 X .68 = 144.50 KATIE OWEN MORGAN VALUE, ONLY HALF LOT SUMMERVILLE FIRE - 21,250 X .07 = P.O. BOX 1057 14.88 LILLINGTON, NC 27546 TOTAL - 159.38 200144395 SMITH, SYDNEY A PAYMENT APPLIED ON INTEREST - 10.58 P.O. BOX 114 01/31/02; ENV. DATED TOTAL - 10.58 LILLINGTON, NC 27546 1/4/02 2001752217 SWANK, WILLIAM LEE SOLD VEHICLE COUNTYWIDE - 358 X .73 = 2.61 96 KAY LANE TOWN OF ANGIER - 358 X .45 = 1.61 ANGIER, NC 27501 BLACK RIVER FIRE - 358 X .07 - .25 TOTAL - 4.47 2001614446 WEST, BETTY CLARK VEHICLE WRECKED COUNTYWIDE - 1,775 X .76 = 13.49 4486 MCDOUGALD BOONE TRAIL FIRE - 1,775 X .07 = 1.24 ROAD TOTAL - 14.73 LILLINGTON, NC 27546 YEAR MONTH TOWN 1998 04/02 1997 04/02 1997 04/02 1998 04/02 1999 04/02 2000 04/02 1998 04/02 1999 04/02 2000 04/02 1997 04/02 2001 04/02 2001 04/02 ANGIER 2001 04/02 11568 Attachment 2. HARNETT COUNTY, NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE TEXT WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance on July 18, 1988 and June 5, 2000 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A-340; and WHEREAS, the Zoning Ordinance contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to Article VI of the Zoning Ordinance and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Article VI. Section 2.2 A. Commercial Section 4.2 A. RA-40 Section 5.2 H. RA-30 Section 6.2 E. RA-20M Section 7.2 E. RA-20R of the Zoning Ordinance be amended by keeping the current text which reads; Section 2.2 A. Commercial: Planned Unit Development, except residential and Industrial Section 4.2 A. RA-40: Planned Unit Developments, residential and/or residential mixed use Section 5.2 H. RA-30: Planned Unit Developments, residential and/or residential mixed use Section 6.2 E. RA-20M: Planned Unit Developments, residential and/or residential mixed use Section 7.2 E. RA-2011: Planned Unit Developments, residential and/or residential mixed use and adding the new text as follows: (See Article X or this Ordinance) Duly adopted this 18"' day of March, Two Thousand Two and effective upon adoption. HA TT COUNTY BOARD OF COMMISSIONERS T d J. Byrd C airman ATTEST: Kay S. llanchard Clerk To The Board Attachment 3. NORTH CAROLINA HARNETT COUNTY RESOLUTION WHEREAS, Harnett County is committed to strengthening its economy through industrial and business development; and WHEREAS, the success of this effort is dependent in large part upon infrastructure improvements to serve such development; and WHEREAS, securing North Carolina Department of Transportation assistance with specific highway and road improvements projects is vital to this effort. NOW, THEREFORE, BE IT RESOLVED THAT the Harnett County Board of Commissioners does hereby request DDT's assistance in acquiring funding for and construction of the following road improvements that are noted below in priority order: • Edgerton Industrial Park Improvements — This existing park remains unfinished and requires the further extension of an interior road. We would request assistance in obtaining funding for this project. • NC Hwy 87 Crossover — The Harnett Forward Together Committee (HFTC) is currently working to develop an industrial park on Hwy 87. To access the site would require the construction of turning lanes. Our Board would request assistance in obtaining funding for this project. is u • Edgerton Industrial Park (Phase II) — This new park will require the construction of an access road which would connect to Hwy. 301. DDT's assistance with this project is requested. 1� u • Airport Road Relocations - The County has obtained federal funding to extend the Harnett County Airport runway. This project will require the relocation of two state roads near the site ($450,000). The County would request assistance in obtaining the necessary funding for this project. In addition, the County would request that DOT manage and oversee construction of this project. Adopted this the I" day of April, 2002. HARNETT LINTY BOARD OF COMMISSIONERS Teddy J. yrd, airman ATTEST: Kay BAlan 41 Clerk to the Board Attachment 4. CONTRACT CHANGE ORDER `ilg�i`�ervice Pump Station OROER NO. 1 DATE 2/4/02 STATE NC COUNTY Harnett OW N ER County of Harnett, P. 0. Box 1119, Lillington, NC 27546 Southern Industrial Constructors, 6101 Triangle Dr_, Raleigh, NC 27617 -... .._... -........... .. ........ .. You are hereby requested to comply with the following changes from the contract plans and specifications: Description of Changes IDECREASE INCREASE (Suoolemental Plans and Specifications Attached) in Contract Price in Contract Price 1. Light, heater, &.exhaust fan for add. $ $ room in building 4,475.00 2. Conductors & conduit to providemonito ing for the influent & effluent meters. 5,387.00 3. Conductors & conduit to serve chlorin analyzer and chemical feed pumps 4,491.00 4. Relocation of the point of delivery for electriclservice 9,008.00 $14,353.00 ---------------- ............................ --- ---- --..--.------.---- ............ TOTALS $ -9., 008.00 NET CHANGE IN CONTRACT PRICE $ ..._................ $5, 345.00 JUSTIFICATION:- Changes requested by the Owner after bid and during construction. The amount of the Contract will be (X"d) (Increased) By The Sum Of: Five thousand, Three Hundred Forty -Five Dollars------------------- Dollars ($ 5,345.00 ) The Contract Total Including this and previous Change Orders Will Be: Two Hundred —Seventeen Thousand Three Hundred —Forty —Five Dollars 217,345.00 Dollars ($ ). The Contract Period Provided fVment ill Be (A&M*WM�I) (Unchanged): 0 Days This document will become a sucontract and all provisions will apply hereto. f Requested 2 �dam — /fAq'') (owned (DereJ Recommended�i�/ (Owner a Archirecr/Engineer) (Dare) Accepted °? 0a& -... . (centra�tan (Data) This Information will De used as a record of any changes to the orlylnal construction contract. Attachment 5. HARNETTCOUNTY NORTH CAROLINA RESOLUTION WHEREAS, Harnett County operates a Section 8 Housing Program whose purpose is to provide improved living.for very low income families; and WHEREAS, this program operates under certain regulations and guidelines as specified by the U.S. Department of Housing and Urban Development; and WHEREAS, a resolution dated March 20, 2002 adopted the PHA Plans: 5 Year Plan for Fiscal Years 2002 — 2004 and the Annual Plan for Fiscal Year 2000, as required by the U.S. Department of Housing and Urban Development, and WHEREAS, the same regulations and guidelines requires the adoption of the Annual Plan for the Fiscal Year 2002-2003. WHEREAS, the PHA Annual Plan has been prepared which includes the elements required by the U.S. Department of Housing and Urban Development; and WHEREAS, Federal regulations requires adoption of this Annual Plan by the local governing board; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett, North Carolina that the attached Annual Plan for Fiscal Year 2002-2003 for the operation of the county's Section 8 Housing Program is hereby adopted. Adopted this 151 day of April, 2002. HARNETT COUNTY BOARD OF COMMISSIONERS eddy Chairman C / " eLf _ eatrice B. ili, Vice Chairman I�- Walt Titchener Attachment 6. -, S, -0 - , y. Dan B. Andrews J Tim McNeill RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA APPROVING AN INSTALLMENT PURCHASE CONTRACT WITH THE HARNETT COUNTY PUBLIC FACILITIES CORPORATION TO PROVIDE FOR THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF AN ELEMENTARY SCHOOL FACILITY AND A HIGH SCHOOL FACILITY AND THE REFINANCING OF AN INSTALLMENT PURCHASE CONTRACT WITH FIRST UNION NATIONAL BANK AND RELATED MATTERS WHEREAS, the County of Harnett, North Carolina (the "County') is a political subdivision validly existing under the Constitution, statutes and laws of the State (the "State'); WHEREAS, the County has the power, pursuant to North C arolina General Statutes, to (1) purchase real and personal property, (2) enter into installment purchase contracts in order to finance the purchase or improvement 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 or improved to secure repayment of the purchase price; WHEREAS, the Board of Commissioners of the County of Harnett, North Carolina (the "Board of Commissioners "), hereby determines that it is in the best interests of the County to enter into (a) an Installment Purchase Contract dated as of May 15, 2002 (the "Contract') with the Harnett County Public Facilities Corporation (the "Corporation') in order to (1) pay the capital costs of acquiring, constructing and equipping (A) a new high school (the "High School Facility') and (B) a new elementary school in the County (the "Elementary School Facility" and, together with the High School Facility, the "Facilities'), and (2) refinance an installment purchase contract with First Union National Bank dated as of February 12, 2002 (the "First Union Contract') the proceeds of which were applied to water and sewer improvements, (b) a deed of trust and security agreement related to the County's fee simple interest in the real property (the "Sites" and, together with the Facilities, the "Project') on which the Facilities will be located (the "Deed of Trust'), (c) an agency agreement dated as of May 15, 2002 (the `Agency Agreement') between the County and the Harnett County Board of Education (the "Board of Education'), and (d) a Lease between the County and the Board of Education dated as of May 15, 2002 (the "Lease Agreement') providing for the County's lease of the Sites upon which the Facilities are to be located to the Board of Education; 1] • • WHEREAS, the County hereby determines that the acquisition, construction and equipping of the Project is essential to the County's proper, efficient and economic operation and to the general health and welfare of its inhabitants; that the Project will provide an essential use and will permit the County to carry out public functions that it is authorized by law to perform; and that entering into the Contract, the Deed of Trust, the Agency Agreement and the Lease Agreement are necessary and expedient for the County by virtue of the findings presented herein; WHEREAS, the County hereby determines that the Contract allows the County to refinance the First Union Contract and pay the cost of the Project and take title thereto at a favorable interest rate currently available in the financial marketplace and on terms advantageous to the County; WHEREAS, the County hereby determines that the cost of the Project and the refinancing of the First Union Contract is an amount not to exceed $36, 000,000 and that such cost of the Project and the refinancing of the First Union Contract exceeds the amount that can be prudently raised from currently available appropriations, unappropriated fund balances and non -voted bonds that could be issued by the County in the current fiscal year pursuant to Article V, Section 4 of the Constitution of the State; WHEREAS, although the cost of financing the Project and refinancing the First Union Contract pursuant to the Contract is expected to exceed the cost of financing the Project and refinancing the First Union Contract pursuant to a bond financing for the same undertaking, the County hereby determines that the cost of financing the Project and refinancing the First Union Contract pursuant to the Contract, the Deed of Trust, the Agency Agreement and the Lease Agreement, and the obligations of the County thereunder, are preferable to a general obligation bond financing or revenue bond financing for several reasons, including but not limited to the following: (1) the cost of a special election necessary to approve a general obligation bond financing, as required by the laws of the State, would result in the expenditure of significant funds; (2) the time required for a general obligation bond election would cause an unnecessary delay which would thereby decrease the financial benefits of acquiring, constructing and equipping the Project; and (3) no revenues are produced by the Facilities so as to permit a revenue bond financing; WHEREAS, the County has determined and hereby determines that the estimated cost of financing Project and refinancing the First Union Contract pursuant to the Contract reasonably compares with an estimate of similar costs under a bond financing for the same undertaking as a result of the findings delineated in the above preambles; WHEREAS, the County does not anticipate future property tax increases solely to pay installment payments falling due under the Contract in any fiscal year during the term of the Contract; WHEREAS, Parker Poe Adams & Bernstein L.L. P., as special counsel ("Special Counsel'), will render an opinion to the effect that entering into the Contract and the transactions contemplated thereby are authorized by law and constitute a purpose for which public funds may be expended pursuant to the Constitution and laws of the State; WHEREAS, the sum to fall due under the Contract will not exceed $3,500,000 per year for 22 years and such sum is adequate and not excessive for its purpose; WHEREAS, no deficiency judgment may be rendered against the County in any action for its breach of the Contract, and the taxing power of the County is not and may not be pledged in any way directly or indirectly or contingently to secure any moneys due under the Contract; WHEREAS, the County is not in default under any of its debt service obligations; WHEREAS, in order to secure the County's obligations under the Contract, the County will enter into the Deed of Trust and will execute North Carolina Uniform Commercial Code Financing Statements (the "Financing Statements'); WHEREAS, the Corporation will execute and deliver Certificates of Participation, Series 2002, Evidencing Proportionate Undivided Interests in Rights to Receive Certain Revenues Pursuant to the Contract (the "2002 Certificates'); WHEREAS, in connection with the sale of the 2002 Certificates by the Corporation to Scott & Stringfellow, Inc., trading as BB&T Capital Markets, and Ferris, Baker Watts, Inc. (the "Underwriters'), the County will enter into the Certificate Purchase Agreement (hereinafter defined); WHEREAS, there has been described to the Board of Commissioners the following documents (collectively, the "Instruments'), copies of which have been made available to the Board of Commissioners, which the Board of Commissioners proposes to approve, enter into and deliver, as applicable to effectuate the proposed installment purchase financing: (1) the form of the Contract; (2) the form of the Deed of Trust; • (3) the form of the Financing Statements; (4) the form of the Certificate Purchase Agreement dated on or about May 16, 2002 among the Corporation, the Countyand the Underwriters (the "Certificate Purchase Agreement'); (5) the form of the Agency Agreement; and (6) the form of the Lease Agreement; WHEREAS, to make an offering and sale of the 2002 Certificates, there will be prepared a Preliminary Official Statement (the "Preliminary Official Statement'), a draft thereof having been presented to the Board of Commissioners, and a final Official Statement (collectively with the Preliminary Official Statement, the "Official Statement') with respect to the 2002 Certificates, which Official Statement will contain certain information regarding the County; WHEREAS, it appears that each of the Instruments and the Preliminary Official Statement is in an appropriate form and is an appropriate instrument for the purposes intended; c7/ WHEREAS, the Board of Commissioners did conduct a public hearing on April 1, 2002, to receive public comment on the proposed Contract to finance the Project and refinance the First Union Contract; WHEREAS, the County's budget process and Annual Budget Ordinance are in compliance with the Local Government Budget and Fiscal Control Act, and external auditors have determined that the County has conformed with generally accepted accounting principles as applied to governmental units in preparing its Annual Budget Ordinance; WHEREAS, past audit reports of the County indicate that its debt management and contract obligation payment policies have been carried out in strict compliance with the law, and the County has not been censured by the North Carolina Local Government Commission (the "LGC'), external auditors or any other regulatory agencies in connection with such management and contract obligation payment policies; and WHEREAS, the County has filed an application to the LGC for approval of the Contract; • NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS: Section 1. Ratification of Actions. That all actions of the County, the Chairman of the Board of Commissioners (the "Chairman'), the Clerk to the Board of Commissioners (the "Clerk'), the County Manager, the County Finance Officer, the County Attorney and their respective designees, whether previously or hereinafter taken, in effectuating the proposed financing are hereby approved, ratified and authorized pursuant to and in accordance with the transactions contemplated by the Instruments. Section 2. Authorization of the Official Statement. That the form, terms and content of the Preliminary Official Statement dated on or about May 7, 2002 are in all respects authorized, approved and confirmed, and the use of the Preliminary Official Statement and of the final Official Statement to be dated on or about May 16, 2002 by the Underwriters in connection with the sale of the 2002 Certificates is hereby in all respects authorized, approved and confirmed. Section 3. Authorization to Execute the Contract. That the County approves the financing of the Project and the refinancing of the First Union Contract in accordance with the terms of the Contract, which will be a valid, legal and binding obligation of the County in accordance with its terms. The form and content of the Contract shall be and the same hereby are in all respects authorized, approved and confirmed, and the Chairman, the Clerk and the County Manager and their respective designees shall be and they hereby are authorized, empowered and directed to execute and deliver the Contract, including necessary counterparts, in substantially the form and content presented to the Board of Commissioners, but with such changes, modifications, additions or deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the County's approval of any and all changes, modifications, additions or deletions therein from the form and content of the Contract presented to the Board of Commissioners, and that from and after the execution and delivery of the Contract, the Chairman, the Clerk, the County Manager and the Finance Officer are hereby authorized, empowered and directed 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 Contract as executed. Section 4. Deed of Trust. That the form and content of the Deed of Trust shall be and the same hereby are in all respects authorized, approved and confirmed, and the Chairman, the Clerk and the County Manager and their respective designees shall be and they hereby are authorized, empowered and directed to execute and deliver the Deed of Trust, including necessary counterparts, in substantially the form and content presented to the Board of Commissioners, but with such changes, modifications, additions or deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the County's approval of any and all changes, modifications, additions or deletions therein from the form and content of the Deed of Trust presented to the Board of Commissioners, and that from and after the execution and delivery of the Deed of Trust, the Chairman, the Clerk, the County Manager and the County Finance Officer are hereby authorized, empowered and directed 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 Deed of Trust as executed. Section 5. Financing Statements. That the form and content of the Financing Statements shall be and the same hereby are in all respects authorized, approved and confirmed, and the Chairman, the Clerk and the County Manager or their designees shall be and they hereby are authorized, empowered and directed to execute and deliver the Financing Statements, in substantially the form and content presented to the Board of Commissioners, but with suchchanges, modifications, additions or deletions therein as shall to him seem necessary, desirable or appropriate, his execution thereof to constitute conclusive evidence of the County's approval of any and allchanges, modifications, additions or deletions therein from the form and content of the Financing Statements presented to the Board of Commissioners. Section 6. Certificate Purchase Agreement. That the form and content of the Certificate Purchase Agreement shall be and the same hereby is in all respects approved, and the Chairman and the County Manager are authorized to execute the Certificate Purchase Agreement for the purposes stated therein. Section 7. Lease Agreement. That the finrm and content of the Lease Agreement shall be and the same hereby are in all respects authorized, approved and confirmed, and the Chairman, the Clerk and the • County Manager and their respective designees shall be and they hereby are authorized, empowered and directed to execute and deliver the Lease Agreement, including necessary counterparts, in substantially the form and content presented to theBoard of Commissioners, but with such changes, modifications, additions or deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the County's approval of any and all changes, modifications, additions or deletions therein from the form and content of the Lease Agreement presented to the Board of Commissioners, and that from and after the execution anddelivery of the Lease Agreement, the Chairman, the Clerk, the County Manager and the County Finance Officer are hereby authorized, empowered and directed 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 Lease Agreement as executed. Section 8. Agency Agreement. That the form and content of the Agency Agreement shall be and the same hereby are in all respects authorized, approved and confirmed, and the Chairman, the Clerk and the County Manager and their respective designees shall be and they hereby are authorized, empowered and directed to execute and deliver the Agency Agreement, including necessary counterparts, in substantially the form and content presented to the Board of Commissioners, but with such changes, modifications, additions or deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the County's approval of any and all changes, modifications, additions or deletions therein from the form and content of the Agency Agreement presented to the Board of Commissioners, and that from and after the execution and delivery of the Agency Agreement, the Chairman, the Clerk, the County Manager and the County Finance Officer are hereby authorized, empowered and directed to do all such ads and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Agency Agreement as executed. Section 9. County Representative. That the County Manager and Finance Officer are hereby designated as the County' s Representative to act on behalf of the County in connection with the transaction contemplated by the Instruments and the Preliminary Official Statement, and the County Manager and Finance Officer are authorized to proceed with the acquisition, construction and equipping of the Project • and the refinancing of the First Union Contract in accordance with the Instruments and to seek opinions as a matter 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 Superintendent of the Harnett County Schools is also designated as a County Representative under the Contract with respect to the Facilities. The County's Representative are in all respects authorized on behalf of the County to supply all information pertaining to the County as purchaser under the Contract for use in the Preliminary Official Statement and the transactions contemplated by the Instruments or the Preliminary Official Statement. The Chairman, the Clerk, the County Manager and the Finance Officer of the County or their respective designees are hereby authorized, empowered and directed to do any and all other acts and to execute any and all other documents, which they, in their discretion, deem necessary and appropriate in order to consummate the transactions contemplated by the Instruments or the Preliminary Official Statement or as they deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 10. Severability. That if any section, phrase or provision of this Resolution shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions of this Resolution. Section 11. Repealer. That all motions, orders, resolutions and parts thereof, in conflict herewith are hereby repealed. Section 12. Effective Date. That this Resolution shall become effective on the date of its adoption. The resolution was adopted by the following vote: YEAS Chairman Teddy J. Byrd Vice Chairman Beatrice B. Hill • Dan B. Andrews Walt Titchener Tim McNeill NAYS none PASSED, ADOPTED AND APPROVED this 1" day of April, 2002. COU Y OF HARNETT, NORTH CAROLINA [SEAL] � &,?l e dy I Byrd Cyairiiianv Adopted at a regular meeting this the 1" day of April, 2002. ATTEST: • Kay S. lanchard, Clerk to the Board of Commissioners APPR AS TO FORM: �.r, ) rr Dwight B. 9now, Esq., County Attorney CERTIFICATE I, KAY S. BLANCHARD, Clerk to the Board of Commissioners of the County of Harnett, North Carolina, do hereby certify that the foregoing is a true and accurate copy of the Resolution which was adopted by the Board of Commissioners of the County of Harnett, North Carolina at its regular meeting held on the V day of April, 2002, to become effective on the I" day of April, 2002 and that said Resolution has been duly recorded in Resolution Book. Kay S. Olanchard • Clerk to the Board of Commissioners STATE OF NORTH CAROLINA COUNTY OF HARNETT I, lvm a Notary Public of the aforesaid County and State, do hereby acknowledge that Kay S. Blanchard, lerk to the Board of Commissioners, personally appeared before me this day and acknowledged the due execution by her of the foregoing certificate. WITNESS my hand and notarial seat, this the I day of April, 2002. ",.,sAR �d �P.... fiic'4.,� �,.. 0 5 Notary Public PUBO • u