10212002a�
HARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
October 21, 2002
The Harnett County Board of Commissioners met in regular session on Monday,
October 21, 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 7:00 p.m. and Commissioner Andrews
led the pledge of allegiance and prayer.
Commissioner Hill moved to approve the agenda as published with the additions listed
below to the consent agenda. Commissioner Titchener seconded the motion and it
passed unanimously.
Add to consent agenda:
- Resolution regarding amendment to Installment Financing Contract
- Resolution recognizing Snipes Insurance 50th anniversary
- Resolution recognizing Sue Tingen Johnson on her retirement
• Upon motion by Commissioner McNeill and seconded by Commissioner Andrews,
the Board unanimously approved the following items on the consent agenda:
1. Minutes: Regular meeting, October 7, 2002
Workshop, October 4, 2002
2. Budget amendments:
113 Aging (Fund 110-General)
Code 110-7500-441.32-13 RSVP —Special Project 250. increase
110-0000-353.15-00 Contributions/Donations RSVP 250. increase
115 Masterplan Courthouse Capital Proiect (Fund 341-"COURTH"
Code 341-8341-410.45-04 Professional Services 40,500. increase
341-8341-410.45-80 Contingency 40,500. decrease
117 Aging (Fund 110-Genera
Code 110-0000-353.15-00 Contributions RSVP 200. increase
110-7500-441.32-13 RSVP Special Programs 200. increase
119 Sheriff (Fund 110-General)
Code 110-0000-354.11-00 Restitution -Sheriff 868. increase
is 110-5100-420.43-21 Maintenance & Repair -Auto 868. increase
120 Planning (Fund 110-General)
Code 110-7200-465.31-51 Hazardous Mitigation Plan 17,500. increase
110-0000-334.72-01 Hazardous Mitigation Plan 15,000. increase
110-0000-399.00-00 Fund Balance Appropriated 2,500. increase
121 Coats Wastewater Extension Proiect and 548 -"PU03 01 ")
Code 548-9108-431.45-01 Construction 396,367. increase
548-9108-431.45-80 Contingency 19,850. increase
548-0000-389.50-00 Interfund Transfers-PU 416,217. increase
123 Finance (Fund 110-General)
Code 110-4400-410.54-26 Advertising 1,181. increase
110-0000-399.00-00 Fund Balance 1,181. increase
3. Tax refunds and releases (Attachment 1)
4. Resolution congratulating Mr. & Mrs. Willie Lee McKoy on 50th Anniversary
(Attachment 2)
5. Resolution of support for AMBER Alert program (Attachment 3)
6. Reimbursement Agreement, TIP Project No. E-4013, Dunn -Erwin Rail Trail: •
This agreement specifies the terms of reimbursement to the County for the cost of
grading, placing and compacting crushed stone on the Dunn -Erwin Rail Trail. The
County will serve as fiscal agent for the grant funds being received to improve the
trail.
7. Change order for Southwest Phase III waterline project (Attachment 4)
8. Reclassification of position in the Planning Department for Planner I, from grade
68 to grade 70. This will require a salary adjustment for the two current planners.
9. Authorization for the Emergency Medical Services Director to sign order forms
necessary to order narcotics as required by the U.S. Department of Justice, Drug
Enforcement Administration.
10. Award of contract to Jones' Landscaping & Maintenance, Inc. of Fuquay-Varina
for landscaping the new Courthouse, Tax Office, and Register of Deeds project.
The bid includes installation of irrigation and grounds maintenance for one year.
The amount of the contract is $163,963. (Attachment 5)
11. Authorization for Emergency Services to accept a gift of five 800 mhz mobile
radios from Benhaven Emergency Services. This donation will save the county •
approximately $7,000.
12. Resolution of the Board of Commissioners of the County of Harnett, North
Carolina, Authorizing the Negotiation of an Amendment to Installment Financing
Contract, Directing the Publication of Notice with Respect Thereto and Providing
for Certain Other Related Matters Thereto (Attachment 6)
13. Resolution congratulating Snipes Insurance Service, Inc. on its fiftieth anniversary
(Attachment 7)
14. Resolution recognizing Sue Tingen Johnson on her retirement and closing of
Tingen's Grocery after thirty-eight years of business. (Attachment 8)
Informal comments were provided by Bud Blackson regarding proposed use of the
County's water towers for wireless communication equipment.
Commissioner Andrews moved for the appointments listed below. Commissioner
McNeill seconded the motion and it passed unanimously.
Harnett County Board of Adjustment
Billy W. Hobbs for a 3-year term to expire 10-31-05
nominated by Chairman Byrd •
Firemen's Relief Fund Trustees
(Attachment 9)
Patricia Crissman, The Wooten Company, presented for the Board's consideration a
Resolution to Submit CDBG Concentrated Needs Application. The two required
public hearings were held on July 15 and September 16, 2002. The total project
budget is $770,000 with $700,000 in CDBG grant funds and $70,000 in local funds to
be provided over a two-year fiscal period beginning FY 2003-2004. Commissioner
Hill moved for adoption of the resolution. Commissioner McNeill seconded the
motion and it passed unanimously. (Attachment 10)
Chairman Byrd called to order a public hearing on a zoning change request for Brian
Armstrong, landowner: GCMMB LLC, from RA-30 to Commercial Zoning District,
3.57 acres located on NC Hwy. 87/24 in Anderson Creek Township. Mark Locklear,
Planner, presented the request. Chairman Byrd opened the meeting for comments
from the public. Brian Armstrong, applicant spoke in support of the proposed zoning
change. There being no further comments, Chairman Byrd closed the public hearing.
The Planning Board recommended approval of the request. Commissioner McNeill
moved to approve the request as presented. Commissioner Hill seconded the motion
and it passed unanimously.
• Chairman Byrd called to order a public hearing on a proposed resolution amending the
yr p g p p g
text of the Subdivision Regulations. Joseph Jeffries, Chief Planner, presented the
proposed text amendment regarding applications for minor subdivisions. Chairman
Byrd opened the meeting for comments from the public. No comments were offered
and Chairman Byrd closed the public hearing. The Planning Board recommended
approval of the text amendment. Commissioner McNeill moved to adopt the
resolution to amend the subdivision regulations as presented. Commissioner Andrews
seconded the motion and it passed unanimously. (Attachment 11)
Steve Ward, Assistant Director, Public Utilities, presented three proposed resolutions
authorizing filing of an application for issuance of general obligation bonds for the
South Central Water and Sewer District.
1. Commissioner McNeill moved for adoption of a Resolution Directing the
Publication of Notice of Intention to Apply to the Local Government Commission for
Approval of Bonds. Commissioner Andrews seconded the motion and it passed
unanimously. (Attachment 12)
2. Commissioner Titchener moved for adoption of a Resolution Authorizing
the Representative of the District to Apply to the Local Government Commission for
Approval of the District's proposed General Obligation Water and Sewer Bond
Financing and to Submit Such Application to the Local Government Commission.
• Commissioner McNeill seconded the motion and it passed unanimously.
(Attachment 13)
3. Commissioner Andrews moved for adoption of a Resolution Making
Certain Statements of Fact Concerning Proposed Bond Issue. Commissioner Hill
seconded the motion and it passed unanimously. (Attachment 14)
County Attorney Dwight W. Snow was recognized by Chairman Byrd to make a
presentation regarding a published agenda item on County electoral redistricting.
Attorney Snow presented information packets to all press representatives present at the
meeting. Mr. W. N. Porter who was also present at the meeting was also supplied an
information packet.
Mr. Snow presented to the Board a background history of the redistricting efforts
conducted by the County Board of Commissioners and the County Board of Education
based upon the 2000 census data for Harnett County. The 2000 census showed
tremendous growth in the County from 67,822 in 1990 to 91,025 in 2000. Not only
was there great population growth but there was also a great shift in population among
the various five electoral districts with the greatest growth in population occurring in
districts 4 and 5. Due to the mandates of the U.S. Constitution, the Voting Rights Act
of 1965 and State law, the two County Boards whose members are elected from the
five districts have embarked on a redistricting effort since the release of the 2000
census figures. After a great amount of work by the County's demographer and staff,
• both the Boards narrowed down their redistricting options to four alternate plan maps.
After several public hearings with input from citizens, municipalities, political parties
and various boards, the Alternate Plan 4 was adopted by a joint Resolution of the
Boards on November 7, 2001. A detailed and voluminous submission package in
support of Alternate 4 Plan was submitted to the Department of Justice, Civil Rights
Division for preclearance. Two alternate plans were subsequently submitted by the
ACLU on behalf of the Porter plaintiffs. On July 23, 2002 the Department of Justice
issued its review letter and it denied preclearance of the Alternate 4 plan. The denial
was based upon
(a) the black population percentage and the black voting age population
percentage were not high enough for District 1 in order to maintain that
District as a true minority majority district;
(b) Harnett County had not met its burden of establishing that the districts
created by the Alternate 4 plan would not result in a retrogression of the
ability of minority voters to exercise their electoral franchise.
As a result of the non -preclearance by the Department of Justice, the County staff and
demographer pursuant to the instructions of the two boards went back to work to
create a redistricting plan which would respond to the concerns set forth in the
Department of Justice letter. The results of that effort is the Alternate 5 plan map
which was presented to the Board. A copy of the map was previously included in •
commissioner packets. The map was shown to the Board and the meeting audience in
comparison to the Alternate 4 plan. The Alternate 5 plan map also included a
population summary for the 5 districts. Campbell University was taken out of District
1 and to replace that population shift a portion fo the Town of Erwin was added to
District 1. Another change was the addition of one census block in the Town of
Lillington which raised the total black population in District 1 to 52.88% and the total
voting age black population to 50.64%. While the total plan deviation increased to
8.16%, this figure was still acceptable in that it was below the designated 10% figure.
Mr. Snow noted that the Department of Justice had stated that the ACLU's second
alternate plan map population figures were acceptable. The Alternate 5 plan minority
percentage figures are greater than those of the ACLU plan. Mr. Snow further stated
that he had discussions with the ACLU attorneys concerning the Alternate 5 plan and
that they and the Porter plaintiffs appeared to be satisfied with the Alternate 5 plan
population summary figures for District 1.
Commissioner Hill questioned whether the Alternate 5 plan included certain minority
voters who lived on P Street in Lillington in District 1. Apparently there had been
some confusion among these 13 black voters as to what district they were in, Mr.
Snow assured Commissioner Hill that the Alternate 5 Plan included Census Tract 707
Block 2008 in District 1. Commissioner Titchener asked whether the Board of
Education had approved the Alternate 5 Plan. Mr. Snow stated that the Board of
Education would consider the plan at its meeting on October 23, 2002 and that the •
Education Board attorney would be presenting to his Board the same Resolution
considered by the Commissioners.
Mr. Snow presented to the Board a Resolution together with attached Exhibits
including the Alternate 5 Plan map, population summary and listing of all assigned
census blocks in the County. Mr. Snow stated that if the Resolution was adopted then
it would be forwarded to the Board of Education for its consideration. If adopted by
the Board of Education it is Mr. Snow's intent, pursuant to previous Board
instructions, to present this plan to the ACLU attorneys for the Porter plaintiffs. Mr.
Snow in conjunction with Attorney Duncan McCormick will resubmit this plan to the
Department of Justice for preclearance. Hopefully that resubmission package will
include a letter from the attorneys for the Porter plaintiffs certifying no objection to
the Alternate 5 plan. Once the plan is precleared by the Department of Justice, then
the attorneys would file a motion in the cause to the U.S. District Court for its
approval.
There being no further presentation or questions, Commissioner McNeill moved to
adopt the Resolution with Exhibits approving the Alternate 5 plan. Commissioner
Andrews seconded the motion and it passed unanimously. (Attachment 15)
Neil Emory, County Manager, presented for the Board's consideration a proposed is
to adopt the third one-half cent sales tax. This year the State of North
Carolina eliminated county funding sources (reimbursements) totaling $1.3 million.
In response to this action the County must consider replacing this lost revenue by
enacting the additional one-half cent sales tax authorized by the General Assembly
this session. In doing this the County will recoup the revenue lost by the State's
action and will insure that our municipalities receive a source of revenue to help offset
their losses as well. Commissioner Hill moved for adoption of the Resolution Levying
the Third One -Half Cent Local Government Sales and Use Tax and Prescribing the
Method of Distribution of the Proceeds within Harnett County. Commissioner
Andrews seconded the motion and it passed unanimously. (Attachment 16)
•
u
Departmental reports were filed with the Board from Economic Development,
Emergency Medical Service, and Fund Balance Changes (Attachment 17).
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 nmeeting, October 21, 2002, adjourned at
8:00 p.m. I\ r\
Tq(ddj J.- ByrN 'Chairman
2�1.
Kay S Blanchard, Clerk to the Board
Attachment 1.
MONTHLY REFUND REPORT
15-Oct-02
BILL NUMBER NAME
REASON AMOUNT
d
to4 the
couvity
0 21. - �.
D.t L
a°'r 1
YEAR MONTH TOWN
199810955
CUMMINGS, KENNETH
UNREGISTERED 1987
COUNTYWIDE - 2,450 X .68 = 16.66
1998 10/02 2
& G
HONDA VEHICLE SOLD
BOONE TRAIL FIRE - 2,450 X = 2.08
630 GRIFFIN ROAD
IN 1996
.085
TOTAL - 18.74
LILLINGTON, NC 27546
199911433
CUMMINGS, KENNETH
UNREGISTERED 1987
COUNTYWIDE - 2,050 X .73 = 14.97
1999 10/02 2
& G
HONDA VEHICLE SOLD
BOONE TRAIL FIRE - 2,050 X = 1.44
630 GRIFFIN ROAD
IN 1996
.07
TOTAL - 16.41
LILLINGTON, NC 27546
200011934
CUMMINGS, KENNETH
UNREGISTERED 1987
COUNTYWIDE - 1,845 X .73 = 13.47
2000 10/02 2
& G
HONDA VEHICLE SOLD
BOONE TRAIL FIRE -1,845 X -
630 GRIFFIN ROAD
IN 1996
.05 .92
TOTAL -14.39
LILLINGTON, NC 27546
200111640
CUMMINGS, KENNETH
UNREGISTERED 1987
COUNTYWIDE - 1,661 X .76 = 12.62
2001 10/02 2
& G
HONDA VEHICLE SOLD
BOONE TRAIL FIRE - 1,661 X = 1.16
-
630 GRIFFIN ROAD
IN 1996
.07
TOTAL - 13.78
LILLINGTON, NC 27546
200235834
MORGAN, EDWIN F
HOUSES ON WRONG
COUNTYWIDE - 64,480 X .76 = 490.05
2002 10/02 2
608 RED HILL CHURCH
PARCELS
ERWIN FIRE - 64,480 X - 45.19
RD
.07
TOTAL - 535.24
ERWIN, NC 28339
199836842
PRITCHETT, LENA
ELDERLY EXEMPTION
COUNTYWIDE - 1,675 X .68 = 11.39
1998 10/02 2
2771 MT PISGAH
BOONE TRAIL FIRE - 1,675 X = 1.42
CHURCH RD
.085
TOTAL - 12.81
BROADWAY, NC 27505
199938361
PRITCHETT, LENA
ELDERLY EXEMPTION
COUNTYWIDE - 2,500 X .73 = 18.25
1999 10/02 2
2771 MT PISGAH
BOONE TRAIL FIRE - 2,500 X = 1.75
CHURCH RD
.07
TOTAL - 20.00
BROADWAY, NC 27505
200040227
PRITCHETT, LENA
ELDERLY -EXEMPTION
COUNTYWIDE - 2,500 X .73 = 18.25
2000 10/02 2
2771 MT PISGAH
BOONE TRAIL FIRE - 2,500 X = 1.25
CHURCH RD
.05
TOTAL - 19.50
BROADWAY, NC 27505
200139553
PRITCHETT, LENA
ELDERLY EXEMPTION
COUNTYWIDE - 2,500 X .76 = 19.00
2001 10/02 2
2771 MT PISGAH
BOONE TRAIL FIRE - 2,500 X = 1.75
CHURCH RD
.07
TOTAL - 20.75
BROADWAY, NC 27505
200240776
PRITCHETT, LENA
ELDERLY EXEMPTION
COUNTYWIDE - 2,500 X .76 = 19.00
2002 10/02 2
2771 MT PISGAH
BOONE TRAIL FIRE - 2,500 X =1.75
CHURCH RD
.07
TOTAL - 20.75
BROADWAY, NC 27505
200139994
RAMOS, JUAN LOPEZ
BILLED FOR 2000
COUNTYWIDE - 898 X .76 = 6.83
2001 10/02 2
15 MAHALIE COURT
OAKWOOD; OWNS 1999
BLACK RIVER FIRE - 898 X =
ANGIER, NC 27501
OAKWOOD
.07 .63
TOTAL - 7.46
200040663
RAMOS, JUAN LOPEZ
BILLED FOR 2000
COUNTYWIDE - 917 X .73 = 6.70
2000 10/02 2
15 MAHALIE COURT
OAKWOOD; OWNS 1999
BLACK RIVER FIRE - 917 X =
ANGIER, NC 27501
OAKWOOD
.07 .65
TOTAL - 7.35
m4
MONTHLY REFUND REPORT
Licensed Motor Vehicles
15-Oct-02
BILL
NUMBER
NAME AND ADDRESS
REASON
AMOUNT
2002520670
BEASLEY, JR WILLIAM BOYD .
VALUE CORRECTED
COUNTY 22.42
301 WESTFIELD DR
BASED ON
CI05 - 13.57
DUNN, NC 28334
MILEAGE AND
SC20 - .59
DAMAGE
TOTAL - 36.58
2001671239
BEASLEY, MARGARET LEE
SOLD VEHICLE;
COUNTY - 5.12
771 AMMONS RD
TURNED IN LICENSE
FR22 -
DUNN, NC 28334-6228
.40
SC20 - .13
TOTAL - 5.65
2002525496
BRUNDIGE, JEREMEy JOE
MILITARY
COUNTY-135.96
60 SENTER PANE
EXEMPTION
FR16 - 17.89
BUNNLEVEL, NC 28323-8476
TOTAL - 153.85
2002526665
HAMILTON, JERRY GLENN
CORRECTION IN
FR12 - 17.48
250 E PINE ST
DISTRICTS
TOTAL - 17.48
LII,LINGTON, NC 27546
2002527080
HAMILTON, JERRY GLENN
CORRECTION IN
FR12 - 2.56
250 E PINE ST
DISTRICTS
TOTAL - 2.56
LILLINGTON, NC 27546
2001675927
JACKSON, TAMMYE LYNETTE
SOLD VEHICLE
COUNTY - 25.02
109 ROSE CIRCLE
C105 - 15.14
DUNN, NC 28334-2822
SC20 - .66
TOTAL - 40.82
2002502744
MCKINNEY, TEDDY STEWART
MOVED TO
COUNTY - 14.35
2675 MABRY ROAD
ANOTHER STATE
FR60 -1.89
ANGIER NC 27501-7782
TOTAL - 16.24
2002527757
SHEPHERD, HAW
SOLD VEHICLE
COUNTY - 40.85
390 SHERIFF JOHNSON RD
FR60 - 5.37
LILLINGTON, NC 27546-6116
TOTAL 46.22
Approved bi4 t3?e S?Orrsafe' M `
Cau'Ity
sJurI a $a a.33Y�
Date
�4<
MONTHS YEAR MONTH TOWN
VEHICLE
OWNED
2002 10/02 2 CI05
08 2001 10/02 2
2002 10/02 2
2002 10/02 2
2002 10/02 2
07 2001 10/02 2
07 2002 10/02 2
06 2002 10/02 2
2002516949 THUBET, GERARD SOLD VEHICLE COUNTY - 23.03
P.O. BOX 339 .12 06 2002 10/02 2
TOTAL
ANGIER,NC 27501-0339 - -2
TOT25.15
•
is
0
9
•
•
Attachment 2.
RESOLUTION
5e Wedding Anniversary
Mr. & Mrs. Willie Lee McKoy Sr.
WHEREAS, Lillie Maria and Willie Lee McKoy Sr. will be celebrating their 50`h
wedding anniversary on October 25, 2002; and
WHEREAS, throughout their marriage the couple has been known for their love
and devotion to each other as well for their contributions to their community; and
WHEREAS, in recognition of this event their family and friends will gather on
October 26, 2002 to recognize the occasion and to show them how much they mean to
their family and friends.
NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of
Commissioners does hereby recognize and congratulate Mr. and Mrs. McKoy as they
celebrate their 500' wedding anniversary with family and fripds and does hereby thank
them for their contributions to Harnett County throughout their lives.
Adopted this 21s` day of October, 2002.
HARNE;ed%dy.
UNTY BOARD OF COMMISSIONERS
A 6, � PJ
d, Chai an
&,
eaAcB.11, ice Chairman Dan B. Andrews
Attachment 3.
RESOLUTION IN SUPPORT OF
THE STATE OF NORTH CAROLINA ADOPTING
THE AMBER ALERT WARNING SYSTEM
TO INFORM CITIZENS OF MISSING OR ABDUCTED CHILDREN
WHEREAS, local communities may implement an emergency alert plan such as AMBER
(America's Missing: Broadcast Emergency Response) Plan to expedite the recovery of abducted children;
and
WHEREAS, the goal of the AMBER Alert is to warn the community of a child abduction and to
assist in the search and safe return of the child; and
WHEREAS, the AMBER plan, a partnership between law enforcement agencies and media officials,
assists law enforcement, parents and local communities to respond immediately to the most serious child
abduction cases; and
WHEREAS, just as in a storm emergency, when warnings are broadcast locally, under AMBER,
radio and televisions Stations, as a public service, interrupt programming with a critical message from law
enforcement regarding the description of missing child; and
WHEREAS, since the first few hours during which a child is missing are critical, the AMBER plan
helps the community respond quickly; and
WHEREAS, the National Center for Missing and Exploited Children endorses the AMBER Plan and
is promoting the use of such emergency alert plans nationwide.
NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners
isrespectfully requests that the General Assembly enact legislation to implement the AMBER Plan across
North Carolina to aid in the search and safe return of abducted children.
This 21" day of October, 2002.
HARNETT COTNTY BOARD OF COMMISSIONERS
eddy J. Char
eatrice B. Hill, Vice finnan Dan B. Andrews
`Walt Titchener
C
Tim McNeill
strong roots • new growth
770
Attachment 4.
ORDER NO.
CONTRACT CHANGE ORDER 1-Final Adjusting
DATE
10-9-02,
STAT`NC
CONTRACT FOR I COUNTY
SW Phase III - Water Line Harnett
OWNER
Southwest Water & Sewer Distri t of HArnatt rnr,nr
Ir
To ...... C9..c1S.tr.uo.ti.an...C.o...�-P_-O-Box -• 500r Morrisvi116'i NC� 275-6-0-
(Conrrecrbr)
You are hereby requested to comply with the. following changes from the contract plans and specifications:
Description of Changes DECREASE INCREASE
(Supplemental Plans and Specifications Attached) in Contract Price in Contract Price
Items 1 thru 10 (See Attached)
11. Change Pipe from 2011 to 16" 43,557.40
12. Final Adjustment for overruns &
underruns
TOTALS $ 43E $57_r e
JUSTIFICATION:.
See Attached
$ 60,563.37 is
91,,472.93
152,.036.30
108,478.
The amount of the Contract will be QDAdtOX00) (Increased) By The Sum Of: One hundred —Eight
thousand, four hundred—ser nth( iaht s go/inn Dollars ($ 3 08, 478. 90 ),
,The Contract Total Including this and previous Change Orders Will Be: _Twn M i T 1 i nn, Nine hundred
Seven thousand Five hundred —fifty —ones an1lja Dollars($ 211907r551.90).
The Contract Period Prdvided for Completion Will Be (Increased) (Decreased) (Unchanged): Days
This document will become a supplement to the contract and lpr s l ions will apply hereto..`
Requested -'* I0-1l-4 y
f (Owner) (Defe)
Recommended l✓ (/,/�I�/ 10-9-02
Owner'. Archlreef/Engineer) Dafe)
Accepted
10-9-0�
(C"nfreefod (Defe)
Attachment 5. SKINNER
LAMM &
HIGHSMITH
- /A ARCHITECTS
September 20, 2002 �
a v
Mr. Tony Wilder
Assistant County Manager
Harnett County
P. O. Box 759
Lillington, North Carolina 27546
Re: Harnett County Courthouse #A-723
Dear Tony:
We have received three (3) competitive bids for the landscaping for the referenced
project. The bids are as follow:
Irrigation
Alternate
Landscaping Irrigation Zones Total
Jones Landscaping & Maint. $165,435 $16,650 $1,800 $183,885
(Fuquay Uarina)
Davis Landscape Ltd. $164,900 $19,000 ? $183,900
(Raleigh)
Bland Landscaping Co., Inc. $206,492 $22,143 $3,806 $232,441
(Apex)
As you can see, two of the three bids are very close; however, they are slightly above
the cost estimate ($179,000) given last March. These bids do include sodding as well as
relocating several existing trees.
Please review and we can discuss how you wish to proceed.
Sincerely,
is
Benja in A. Skinner III
BASIII: nww
cc: Bill Highsmith, SL&H
Jonathan Melvin, MRM Design Group
Attachment 6.
EXTRACTS FROM MINUTES OF THE BOARD OF COMMISSIONERS
A regular meeting of the Board of Commissioners of the County of Hamett, North Carolina, was
duly held on Monday, October 21, 2002 at 7:00 p.m. in the County Board of Commissioners Assembly
Room, 102 East Front Street, Lillington, North Carolina. Chairman Teddy Byrd presiding.
The following members were present: Teddy J. Byrd, Chairman
Beatrice B. Hill
Dan B. Andrews
Titchener
isWalt
Tim McNeill
The following members were
absent: None
Commissioner moved that the following resolution, copies of which having
been made available to the Board of Commissioners, be adopted:
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT,
NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN AMENDMENT TO
INSTALLMENT FINANCING CONTRACT, DIRECTING THE PUBLICATION OF NOTICE
WITH RESPECT THERETO AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS
THERETO
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 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 Board of Commissioners of the County of Harnett, North Carolina (the "Board of
Commissioners'), has previously determined that it was in the best interest of the County to enter into an
installment financing contract (the "1994 Contract') with the Harnett County Public Facilities
Corporation (the "Corporation') in order to finance (1) the acquisition, construction, renovation and
equipping of certain primary and middle schools (the "School Projects"), (2) the acquisition, construction
and equipping of a County Department of Health and Social Services facility (the "DSSIHealth Facility")
and (3) the acquisition, construction and equipping of a new water reservoir, pumping station and water
storage tank associated with the County's water treatment facility (the "Water Project" and collectively
with the School Projects and the DSS/Health Facility, the "Project').
WHEREAS, the County has previously determined and hereby redetermines that the construction
of the Project was essential to the County's proper, efficient and economic operation and to the general
health and welfare of its inhabitants; that the Project is providing an essential use and is permitting the
County to carry out public functions that it is authorized by law to perform; and that entering into the
1994 Contract was necessary and expedient for the County by virtue of the findings previously presented;
WHEREAS, the County has previously determined that the 1994 Contract allows the County to
purchase the Project and take title thereto at a favorable interest rate currently available in the financial
marketplace and upon terms advantageous to the County;
WHEREAS, the County has been advised that it can achieve savings by refinancing the principal
portion of Installment Payments due under the 1994 Contract and proposes to enter into Amendment
Number One to the 1994 Contract dated as of December 1, 2002 (the 'First Contract Amendment" and
collectively with the 1994 Contract, 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 First Contract Amendment 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, 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, 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 debt management and contract obligation
payment policies;
WHEREAS, the approval of the LGC with respect to entering the First Contract Amendment must
be received; and
WHEREAS, the County hereby determines that all findings, conclusions and determinations of the
County in this Resolution are subject to modification or affirmation after all interested parties have been
afforded the opportunity to present their comments at a public hearing regarding the execution and
delivery of the First Contract Amendment.
7
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
COUNTY OF HARNETT, NORTH CAROUIVA, AS FOLLOWS:
Section 1. Authorization to Negotiate the First Contract Amendment. That the County
Manager and the Finance Officer, with advice from the County Attorney and Special Counsel, are hereby
authorized and directed to proceed and negotiate on behalf of the County for the refinancing of the cost of
the Project for a principal amount not to exceed $24,000,000 under the First Contract Amendment to be
entered into in accordance with the provisions of Section 16OA-20 of the General Statutes of North
Carolina.
Section 2. Application to LGC. That the Finance Officer or her designee is hereby directed to
file with the LGC an application for its approval of the First Contract Amendment and all relevant •
transactions contemplated thereby on a form prescribed by the LGC and to state in such application such
facts and to attach thereto such exhibits regarding the County and its financial condition as may be
required by the LGC.
Section 3. Direction to Retain Special Counsel. That 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 L.L.P., Charlotte, North Carolina, as Special Counsel.
Section 4. Public Hearing. That a public hearing (the "Public Hearing') shall be conducted by
the Board of Commissioners on November 18, 2002 at 7:00 p.m. in the County Board of Commissioners
Assembly Room, 102 East Front Street, Lillington, North Carolina, concerning the Contract, the proposed
refinancing of the acquisition of the Project and any other transactions contemplated therein and
associated therewith.
Section 5. Notice of Public Hearing. That the County Clerk 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 6. Repealer. That all motions, orders, resolutions and parts thereof in conflict herewith
are hereby repealed.
Section 7. Effective Date. That this Resolution is effective on the date of its adoption.
STATE OF NORTH CAROLINA
SS:
COUNTY OF HARNETT
I, Kay S. Blanchard, Clerk to the Board of Commissioners of the County of Harnett, North
Carolina, DO HEREBY CERTIFY, as follows:
A regular meeting of the Board of Commissioners of the County of Harnett, a political
subdivision of the State of North Carolina, was duly held on Monday, October 21, 2002, proper notice of
such meeting having been given as required by North Carolina statute, and minutes of said meeting have
been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording
the minutes of said Board of Commissioners.
I have compared the attached extract with said minutes so recorded and said extract is a
true copy of said minutes and of the whole thereof insofar as said minutes relate to matters referred to in
said extract.
Said minutes correctly state the time when said meeting was convened and the place
where such meeting was held and the members of said Board who attended said meeting.
IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate
seal of said County, this 21" day of October, 2002.
(SEAL) KAY S. BLANCHARD
Clerk to the Board of Commissioners
County of Harnett, North Carolina
CLT 651128v4
•
•
773
EXHIBIT A
NOTICE OF PUBLIC HEARING
BOARD OF COMMISSIONERS OF THE
COUNTY OF HARNETT, NORTH CAROLINA
At its October 21, 2002 meeting, the Board of Commissioners (the "Board of Commissioners') of
the County of Harnett, North Carolina (the "County'), adopted a resolution which authorized the County to
proceed with the refinancing of an installment financing contract (the "1994 Contract') with the Harnett
County Public Facilities Corporation (the "Corporation') entered into in order to finance (1) the acquisition,
construction, renovation and equipping of certain primary and middle schools (the "School Projects"), (2) the
acquisition, construction and equipping of a County Department of Health and Social Services facility (the
"DSS/Health Facility") and (3) the acquisition, construction and equipping of a new water reservoir,
pumping station and water storage tank associated with the County's water treatment facility (the "Water
• Project" and collectively with the School Projects and the DSS/Health Facility, the "Project').
The aggregate principal components of installment payments under the 1994 Contract were
$40,995,000, of which $25,135,000 are currently outstanding. The County proposes to enter into
Amendment Number One to the 1994 Contract dated as of December 1, 2002 (the "First Contract
Amendment" and collectively with the 1994 Contract, the "Contract'), with the result that the aggregate
principal components of installment payments under the Contract will not exceed $24,000,000. In
connection with the 1994 Contract, the County granted a security interest in the portion of the Project listed
below through a Deed of Trust and Security Agreement:
•
Anderson Creek Primary School NC210 south 12 miles, right on SR1120, right on SR2064, school located on left
Dunn Middle School
SR1715 on left approximately 1 mile on Meadow Lark Road
North Harnett School
NC210 north 6 miles to SR1438, mm left, North Harnett School Road, .4 miles on
left
South Harnett School
NC210 south 10 miles, school located on left
DSS/Health Facility
Approximately .5 miles northwest of intersection US Highway 401 and 421 north
of Lillington
Harnett County Water Storage Project Harnett County Department of Public Utilities on Duncan Street, Lillington
Southwestern Water Tank Project
Southwest on Hwy 27 left, .4 miles on SR1115 inside Sunset Ridge Subdivision
NOTICE IS HEREBY GIVEN, pursuant to Sections IfOA-20 of the General Statutes of North
Carolina, that, on November 18, 2002 at 7:00 p.m. in the County Board of Commissioners Assembly Room,
102 East Front Street, Lillington, North Carolina, a public hearing will be conducted concerning the approval
of the execution and delivery of the First Contract Amendment and the refinancing of the Project. All
interested parties are invited to present comments at the public hearing regarding the execution and delivery
of the First Contract Amendment and the refinancing of the Project.
Published: November _, 2002
CLT 651128v4
Attachment 7.
KAY S. BLANCHARD
Clerk to the Board of Commissioners
County of Harnett, North Carolina
RESOLUTION
Snipes Insurance Service, Inc.
WHEREAS, the success and well-being of any county is due in large part to the success
and well-being of its business community; and
WHEREAS, within any successful business community you will find those companies
that have stood the test of time and have found success through their commitment to their
customers and their community; and
WHEREAS, Snipes Insurance Services Inc. has proven itself to be one of these
companies through its fifty years of service to the citizens of our county; and
WHEREAS, the success of this third generation business has come about as the result of
the leadership of co-founder John Snipes as well as that of his son, current company president,
J. Dal Snipes and of his grandson John Snipes.
NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of
Commissioners does hereby recognize and congratulate Snipes Insurance Service Inc. and its
employees on this their fiftieth anniversary and does hereby extend its appreciation to the
company for its contributions to our county's economy over the past fifty years.
Adopted this 21" day of October, 2002.
HARNET7;,
BOARD OF COMMISSIONERS
J. d,C1 a1nn
eat �Hilli.,
Walt Titchener
strong roots • new growth
��...4zi.
Dan B. Andrews
Tun McNeill
77 4
Attachment 8.
RESOLUTION
Sue Tingen Johnson
WHEREAS, Sue Tingen Johnson, the daughter of Frank Howard Tingen and Sudie
Blanche Tingen, has been a lifelong resident of Harnett County; and
WHEREAS, throughout her life she has been devoted to her family, her Christian faith,
and to the Western Harnett Community as proprietor of Tingen's Grocery from March 11, 1964
to November 1, 2002; and
WHEREAS, over this period of time she has unselfishly supported the educational •
programs of the Western Harnett High School District through ticket sales, donations, and the
promotion of special activities in the schools; and
WHEREAS, Sue Tingen Johnson has operated Tingen's Grocery for thirty-eight years,
eight months, and during this time has not only contributed to the economic and educational well
being of the community but has also provided the community a meeting place for social and
political activities and discussion; and
WHEREAS, on November 1, 2002, Tingen's Grocery, affectionately known as Sue's,
will close its doors and mark the end of an era in the community. '
NOW, THEREFORE BE IT RESOLVED that .the Harnett County Board of
Commissioners does hereby commend Sue Tingen Johnson for her many years of service to her
community and does hereby thank her for her service to our County as a citizen and as a business
owner. In addition, the Board extends to her its best wishes as she enters her retirement years.
Attachment 9.
Local Firemen's Relief Fund Trustees:
Each Fire Department appoints two trustees, the County Board of Commissioners
approves/appoints two trustees and the Fire Chief of each department recommends one
trustee to be approvedlappointed by the NC Insurance Commissioner. Provided is a list
of the departments and the persons in which each department is requesting your approval.
Spout Springs Emereencv Services
Flat Branch Volunteer Fire Dept.
Williams Hayes
Charles Wilson
Geraldine Rodriquez
Holt Fehnent
Anderson Creek Emergency Service
Flatwoods Fire Dept.
Duane Rowe
Michael Langdon
Gerry Bird
Donald Graves
Erwin Fire Dept. & Rescue Sauad, Inc.
Coats -Grove Fire & Rescue, Inc.
Ricky Blackmon
Graymon Powell
Allen Monds
Zennie L. Poole, Jr.
Buies Creek Rural Fire Department
Angier & Black River Dept., Inc. •
Waymon Byrd
Eric Byrd
Thomas Coats
Harold Flowers, Jr.
Summerville Fire & Rescue, Inc.
F. Bryant Keith
Leo McDonald
Benhaven Emereencv Services. Inc.
William J. Edwards
Steven Bond, Sr.
Dunn-Averasboro
Arnold B. Barefoot, Sr.
Richard E. Hedgepeth
Boone Trail Emereencv Services
Vernon Cox
Donald O'Quinn
Northwest Harnett
Glenwood M. Caviness, Jr.
Richard Braswell
Bunnlevel Volunteer
Everette Hurley
David Miles
Attachment 10.
RESOLUTION TO SUBMIT CDBG CONCENTRATED NEEDS APPLICATION
WHEREAS, Harnett County intends to apply for FY 2003-2004 CDBG funds for
the revitalization of the structures within the Lockhart Lane/Shawtown Road area of the
Shawtown Community.
• THEREFORE, BE IT RESOLVED that Harnett County authorizes the submission
of a CDBG Concentrated Needs application for $700,000 and authorizes the Chairman
to execute all documents pertaining thereto, and
Harnett County will provide $70,000 from the general fund to be available
beginning July 1, 2003 to be expended over two fiscal years.
This resolution was adopted this 215t day of October, 2002 by the Harnett County
Board of Commissioners.
dy J. r , airman
arnett Cdtfhty Board of Commissioners
Kay Eganchard, Clerk to the Board
Attachment 11.
isHARNETT COUNTY
NORTH CAROLINA
A RESOLUTION AMENDING THE HARNETT COUNTY SUBDIVISION REGULATIONS
TEXT
WHEREAS, the Board of Commissioners of Harnett County adopted the Harnett County
Subdivision Regulations on April 7, 1977 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-330; and
WHEREAS, the Subdivision Regulations contains provisions for amending said ordinance and
those provisions have been followed; and
WHEREAS, the Harnett County Planning Board has reviewed the proposed amendments to the
Harnett County Subdivision Regulations and recommends the adoption of the following
amendments.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
HARNETT COUNTY, NORTH CAROLINA that amendments have been made to Article III,
Section 3.3 of the Hamett County Subdivision Regulations by adding the following text:
However, the Planning Director or Designee may at any time refer the application for a
minor subdivision to the major subdivision approval process.
Duly adopted this 21st day of October, Two Thousand Two and effective upon adoption.
�c
Attachment 12.
RESOLUTION
RESOLUTION OF THE BOARD OF COMMISSIONERS
OF THE COUNTY OF HARNETT, NORTH CAROLINA,
SITTING AS THE GOVERNING BODY OF THE
SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY
DIRECTING THE PUBLICATION OF NOTICE OF INTENTION
TO APPLY TO THE LOCAL GOVERNMENT
COMMISSION FOR APPROVAL OF BONDS •
WHEREAS, the Board of Commissioners of the County of Harnett, North Carolina (the
"County"), sitting as the governing body (the "Board") of the South Central Water and Sewer District of
Harnett County (the "District") is considering the issuance of general obligation bonds of the District
which shall be for the following purposes and in the following maximum amounts:
$42,000,000 of bonds to pay the costs of providing for the construction,
equipping, renovation and furnishing of a centralized wastewater
collection system within the District, including, but not limited to, the
acquisition of pumping stations, the upgrading of a wastewater treatment
plant and the installation of gravity collection lines and forcemain.
NOW, THEREFORE, BE IT RESOLVED by the Board that the Clerk to the Board is hereby
directed to cause a copy of the "NOTICE OF INTENTION TO APPLY TO THE LOCAL GOVERNMENT
COMMISSION FOR APPROVAL OF BONDS" to be published in The Daily Record on or about
October 23, 2002.
READ, APPROVED AND ADOPTED this 21" day of October, 2002.
Kay S. Vanchard T dy J. Byr
Clerk to the Board Chairman of a card
APPROVED AS TO FORM:
Dwigfft Snow, Esq.
County Attorney
STATE OF NORTH CAROLINA )
SS:
COUNTY OF HARNETT 1
I Kay S. Blanchard, Clerk to the Board of Commissioners of the County of Harnett, North
Carolina (the "County'), sitting as the governing body (the "Board') of the South Central Water and
Sewer District of Harnett County (the "District") DO HEREBY CERTIFY the attached to be a true and
correct copy of a Resolution entitled, "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
COUNTY OF HARNETT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE SOUTH
CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY DIRECTING THE PUBLICATION OF
NOTICE OF INTENTION TO APPLY TO THE LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF
BONDS" adopted by the Board at a meeting held on the 21" day of October, 2002.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said
County, this the 21" day of October, 2002.
(SEAL) >d • &A4,q i
Kay S. Bfiltichard
Clerk to the Board
•
0
Attachment 13.
RESOLUTION
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT,
NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE SOUTH CENTRAL
WATER AND SEWER DISTRICT OF HARNETT COUNTY AUTHORIZING THE
REPRESENTATIVE OF THE DISTRICT TO APPLY TO THE LOCAL GOVERNMENT
• COMMISSION FOR APPROVAL OF THE DISTRICT'S PROPOSED GENERAL OBLIGATION
WATER AND SEWER BOND FINANCING AND TO SUBMIT SUCH APPLICATION TO THE
LOCAL GOVERNMENT COMMISSION
WHEREAS, Board of Commissioners of the County of Harnett, North Carolina (the "County,,),
sitting as the governing body (the "Board") of the South Central Water and Sewer District of Harnett
County (the "District') proposes to'set a public hearing on the following Bond Order entitled:
"BOND ORDER AUTHORIZING THE ISSUANCE OF $42,000,000
GENERAL OBLIGATION WATER AND SEWER BONDS OF THE THE
SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT
COUNTY, NORTH CAROLINA"
WHEREAS, it is necessary, as a condition to the consideration and adoption of the Bond Order,
to submit an Application to the Local Government Commission for Approval of the Bonds, all in the
manner required by The Local Government Bond Act.
NOW, THEREFORE, be it resolved by the Board sitting as the governing body of the District
that Steve Ward, of the Harnett County Public Utilities, is appointed as the District's designated
representative and is hereby directed to file with the Local Government Commission an application for its
approval of the general obligation water and sewer bonds hereinbefore described, on a form prescribed by
said Commission, and (1) to request in such application that said Commission approve the District's use
of Parker Poe Adams & Bernstein L.L.P. of Charlotte, North Carolina, as bond counsel for the District,
and (2) to state in such application such facts and to attach thereto such exhibits in regard to such general
obligation water and sewer bonds and to the District and its financial condition, as may be required by
said Commission.
BE IT FURTHER RESOLVED that this Resolution is effective on the date of its adoption.
READ, APPROVED AND ADOPTED this 21't day of October, 2002.
Kay S#31anchardr T ddy J. B
B
Clerk to the Board 40 Chairman o e Board
APP AS TO FORM:
D ight Snow, Esq.
County Attorney
STATE OF NORTH CAROLINA )
COUNTY OF HARNETT SS:
I, Kay S. Blanchard, Clerk to the Board of Commissioners of the County of Harnett, North
Carolina (the "County"), sitting as the governing body (the "Board") of the South Central Water and
Sewer District of Harnett County (the "District") DO HEREBY CERTIFY the attached to be a true and
correct copy of a Resolution entitled, "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
COUNTY OF HARNETT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE SOUTH
CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY AUTHORIZING THE
REPRESENTATIVE OF THE DISTRICT TO APPLY TO THE LOCAL GOVERNMENT COMMISSION FOR
APPROVAL OF THE DISTRICT'S PROPOSED GENERAL OBLIGATION WATER AND SEWER BOND
FINANCING AND TO SUBMIT SUCH APPLICATION TO THE LOCAL GOVERNMENT COMMISSION"
adopted by the Board at a regular meeting held on the 21" day of October, 2002.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said
County, this the 2 1 " day of October, 2002.
• (SEAL)
y S. Blanchard
Clerk to the Board of Commissioners
County of Harnett, North Carolina
778
Attachment 14.
RESOLUTION
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
COUNTY OF HARNETT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE
SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY
MAKING CERTAIN STATEMENTS OF FACT
CONCERNING PROPOSED BOND ISSUE
WHEREAS, the Board of Commissioners of the County of Harnett, North Carolina (the
"County'), sitting as the governing body (the "Board") of the South Central Water and Sewer District of
Hamett County (the "District'), is considering the issuance of bonds of the County which shall be for the
following purposes and in the following maximum amount:
$42,000,000 of bonds to pay the costs of providing for the construction, •
equipping, renovation and furnishing of a centralized wastewater
collection system within the District, including, but not limited to, the
acquisition of pumping stations, the upgrading of a wastewater treatment
plant and the installation of gravity collection lines and forcemain
WHEREAS, certain findings of fact by the Board must be presented to enable the Local
Government Commission of the State of North Carolina to make certain determinations as set forth in
Section 159-52 the North Carolina General Statutes, as amended.
NOW, THEREFORE, BE IT RESOLVED that the Board, meeting in open session on the 21"
day of October, 2002, has made the following factual findings in regard to this matter:
A. Facts Regarding Necessity of Proposed Financing. The proposed bonds are necessary
and expedient to pay the costs of providing for the construction, equipping, renovation and furnishing of a
centralized wastewater collection system within the District, including, but not limited to, the acquisition
of pumping stations, the upgrading of a wastewater treatment plant and the installation of gravity
collection lines and forcemain.
B. Facts Supporting the Amount of Bonds Proposed. The sums estimated for these bonds
are adequate and not excessive for the proposed purposes. Estimates for the proposed construction,
equipping, renovation and furnishing have been carefully analyzed and said amount has been determined
to be adequate and not excessive for the planned improvements, in that the amount is sufficient to cover
the estimated cost of construction of the improvements to the wastewater system and to cover any
additional increase in cost due to inflation and contingencies all as set forth in the engineering study by
Marziano & Minier.
C. Past Debt Management, Procedures and Policies. The District's debt management
Procedures and policies are excellent and have been carried out in compliance with law. The District has
appointed Steve Ward as its designated representative (the "District Representative') to oversee
compliance with applicable laws relating to debt management. The Board requires annual audits of the
District's finances. In connection with these audits, compliance with laws is reviewed. The District is not
in default in any of its debt service obligations. The County Attorney reviews all debt -related documents •
for compliance with laws.
D. Past Budgetary and Fiscal Management Policies. The District's budgetary and fiscal
management policies have been carried out in compliance with laws. Annual budgets are closely
reviewed by the Board before final approval of budget ordinances. Budget amendments changing a
function total or between functions are presented to the Board at regular Board meetings. The District
Representative presents financial information to the Board which shows budget to actual comparisons
annually and otherwise as a member of the Board may request.
E. Increase in Consumer Rates; Retirement of Debt. The schedule for issuing the bonds
will require a increase in the cost of the consumer rates for the average household's consumption to
$32.00 each month in order to pay principal and interest on the bonds, but the increase in consumer rates
necessary to pay the proposed debt service will not be excessive. The schedule for issuance anticipates
issuing all of the bonds in three series in fiscal years 2003, 2004 and 2005.
READ, APPROVED AND ADOPTED this 21" day of October, 2002.
WW
Kay S. loanchard ed J. Byrd
Clerk to the Board Chairman of the az
APPROVED AS TO FORM:
Dwight 9now, Esq.
County Attorney
STATE OF NORTH CAROLINA
SS:
COUNTY OF HARNETT
I, Kay S. Blanchard, Clerk to the Board of Commissioners of the County of Harnett, North
Carolina (the "County"), sitting as the governing body (the "Board') of the South Central Water and
Sewer District of Harnett County (the "District") DO HEREBY CERTIFY the attached to be a true and
correct copy of a Resolution entitled, "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE
COUNTY OF HARNETT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE SOUTH
CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY MAKING CERTAIN STATEMENTS OF
FACT CONCERNING PROPOSED BOND ISSUE" adopted by the Board at a regular meeting held on the 21s'
day of October, 2002.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said
County, this the 21day of October, 2002.
(SEAL) / 1y J. • IiC d
KS. Blanchard
Clerk to the Board of Commissioners
County of Harnett, North Carolina
779
NOTICE OF INTENTION TO APPLY TO THE
LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF BONDS
NOTICE IS HEREBY GIVEN of intention of the undersigned to file application with the Local
Government Commission, Raleigh, North Carolina for its approval of the issuance of general obligation
• bonds of the South Central Water and Sewer District of Hamett County, North Carolina which shall be
for the following purposes and in the following maximum amounts:
$42,000,000 of bonds to pay the costs of providing for the construction,
equipping, renovation and furnishing of a centralized wastewater
collection system within the District, including, but not limited to, the
acquisition of pumping stations, the upgrading of a wastewater treatment
plant and the installation of gravity collection lines and forcemain.
Any citizen or taxpayer of the County of Harnett, North Carolina objecting to the issuance of any
or all of said bonds, within seven (7) days after the date of publication of this notice, may file with the
Local Government Commission and with the undersigned a written statement setting forth each objection
to the proposed bond issue and such statement shall contain the name and address of the person filing it.
BOARD OF COMMISSIONERS OF THE COUNTY
OF HARNETT, NORTH CAROLINA
X� �. v r�
Kay S%lanchard
Clerk to the Board of Commissioners
County of Harnett, North Carolina
•
0
Attachment 15.
STATE OF NORTH CAROLINA
------------- - --- HARNETT COUNTY RESOLUTION
•
THAT WHEREAS, the Harnett County Board of Commissioners convened as its regularly
scheduled meeting at 7:00 P.M. on 21 October, 2002, in the Harnett County Office Building, 102
East Front Street, Lillington, North Carolina; that the Harnett County Board ofEducation convened
at a special called meeting at 6:00 p.m. on 23 October 2002 in the Board of Education Office
Building at 1008 11t' Street, Lillington, N.C.; and
WHEREAS, one of the items included in the published agenda for each of the respective
Boards was the consideration ofthe redefinition of electoral boundaries within the County ofHamett
based upon statistical data resulting from the 2000 census; and
WHEREAS, Harnett County is divided into electoral districts for the purpose of nominating
and electing, persons to the Harnett County Board of Commissioners and the Harnett County Board
of Education; and
WHEREAS, the electoral districts of Harnett County are five (5) in number and constitute
single member districts within which only voters residing therein are eligible to vote for a candidate
for the Harnett County Board of Commissioners and a candidate for the Harnett County Board of
Education; and
rWHEREA
S, the Harnett County Board of Commissioners and the Harnett County Board of
Education have found that, based upon the 2000 census data, there is a substantial inequality of the
population among the five districts; and
WHEREAS, the General Statutes of North Carolina grant to the Harnett County Board of
Commissioners and the Harnett County Board of Education the power to redefine the electoral
districts in order to alleviate a substantial inequality of population among such districts; and
WHEREAS, it is necessary to alter and change the boundaries of the districts to resolve the
substantial inequality of population among the districts as shown by statistical data provided by the
2000 census; and
WHEREAS, the current districts were formulated based upon data from the 1990 census, and
these districts were established in 1992 under and pursuant to a consent decree entered in Civil
Action Number 88-950-CIV-5, an action brought in United States District Court for the Eastern
District of North Carolina, and any modification of such original districts requires approval of the
Court; and
WHEREAS, Harnett County is subject to the provisions of Section 5 of the Voting Rights
Act of 1965, as amended, which requires that any proposed alteration ofvoting districts be submitted
to the United States Department of Justice for preclearance; and is
WHEREAS, the statistical data relating to the existing districts based upon the 2000 census
was prepared and considered by both Boards and such data sets forth the inequality of population
among the existing districts; and
WHEREAS, the terms of office of those members presently serving on the Harnett County
Board of Commissioners from Districts 1 and 2 expire in 2002, and the terms of office of those
members presently serving on the Harnett County Board of Education from Districts 1, 3, and 5
expire in 2002; and
IMAMM
FMOM
WHEREAS, certain maps and plats were prepared on behalf of the Harnett County Board
of Commissioners and Board of Education which reflect a redefinition of the electoral districts in
order to alleviate the substantial inequality of population above referenced and said maps are
incorporated by reference; and
WHEREAS, on November 7, 2001 a joint Resolution was adopted by the Harnett County
Board of Commissioners and the Harnett County Board of Education whereby the Alternate Plan 4
• redistricting map with supporting census blocks listing was adopted by the Boards to be submitted
to the U. S. Department of Justice for preclearance pursuant to the provisions of the Voting Rights
Act of 1965; that on July 23, 2002 the Department of Justice issued its review statement that the
Alternate Plan 4 was not precleared in that said plan did not meet the Voting Rights Act Section 5
burden of showing that the proposed changes on the Alternate Plan 4 map had neither a
discriminatory purpose nor a discriminatory effect; and
WHEREAS, as a result of the non -preclearance statement issued by the Department of
Justice, the Boards have considered additional data and further modifications to the redistricting map
which not only reflect a redefinition of the electoral districts in order to alleviate the substantial
inequality of population caused by population shifts since the 1990 census, but also those concerns
set forth in the July 23, 2002 statement by the Department of Justice; that a modified map designated
as Alternate Plan 5 is the result of the Boards' consideration.
NOW THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF
CONMIS SIONERS AND THE HARNETT COUNTY BOARD OF EDUCATION:
That the electoral districts shall be and the same are hereby redefined to be as set
forth on that Alternate Plan 5 map and list of census blocks by district which are
attached hereto and incorporated herein collectively as Exhibits A and B.
• 2. That the respective attorneys, administrative oilers and personnel of the Harnett
County Board of Commissioners and the Harnett County Board of Education shall
be and they are authorized to submit this matter to the U. S. Department of Justice for
preclearance under and pursuant to the provisions of the Voting Rights Act of 1965,
as amended, and other applicable provisions of law.
3. That the respective attorneys for the Harnett County Board of Commissioners and the
Harnett County Board of Education shall be and they are authorized to submit to and
file with the United States District Court for the Eastern District of North Carolina,
a motion and such other and further pleadings as might be required by law or deemed
advisable by them for the approval of this redistricting plan.
4. That elections shall be held in 2004 as by law provided for the purpose of selecting
members of the Harnett County Board of Commissioners from Districts 3, 4 and 5
and elections shall be held in 2004 as by law provided for the purpose of selecting
members of the Harnett County Board of Education from Districts 2 and 4 as shown
on the map and list of census blocks by district which are attached hereto and
collectively incorporated herein as Exhibit A; that all subsequent elections shall be
from these modified districts until further actions by the Boards, the U.S. Justice
Department and the U.S. District Court.
• This the 21' day of October, 2002.
HARNET COUNTY BOARD OF CONMUSSIONERS
a =.
By:
T ddy J. Chair
Kay SOBlanchard, Clerk
HARNETT COUNTY BOARD OF EDUCATION
� o
By:
T. Harringto orrison, C 'r
Don d E. Andrews, Secretary
I, Kay S. Blanchard, Clerk for the Harnett County Board of Commissioners, do hereby certify
that the attached Resolution and Exhibits are true and accurate actions of the Harnett County Board
of Commissioners and was adopted by the Board, by a vote of 5— to Q, at the regular meeting of
the Board on October 21, 2002.
Kay S. Aanchard, Clerk for Harnett County
Board of Commissioners
I, Donald E. Andrews, Secretary for the Harnett County Board of Education, do hereby
certify that the attached Resolution and Exhibits are true and accurate actions of the Harnett County
Board of Education and was adopted by the Board, by a vote of 3 to , at a special meeting
of the Board on October 23, 2002.
Donald E. Andrews, Secretary of the
Harnett County Board of Education
HARNETT COUNTY ALTERNATE PLAN 5.
POPULATION SUMMARY
DISTRICT
TOTAL
POPULATION
BLACK
POPULATION
%
BLACK
VOTING AGE
POPULATION
BLACK
VOTING AGE
POPULATION
%
BLACK
%
VARIATION
1
17,097
9,031
52.82
121712
6,431
50.59
-6.09
2
18,401
2,987
16.23
j 13,281
1,824
13.73
+1.08
3
18,417
1,921
10.43
14,222
1,308
9.20
+1.16
4
18,529
2,825
15.25
13,591
1,891
13.91
+1.78
5
18,581
3,717
20.00
12,679
2,360
18.61
+2.07
TOTAL
91,025
20,481
122.50
66,485
13,814
20.78
—
Ideal Population Size
per district 18,205
Variation
High +2.07%
Low -6.09%
Total 8.16%
•
•
•
Attachment 16.
7 3
• Walt Titchener
Harnett
COUNTY
NORTH CAROUNA www.hamett.org
•
RESOLUTION LEVYING THE THIRD ONE-HALF CENT (1/2¢)
LOCAL GOVERNMENT SALES AND USE TAX AND
PRESCRIBING THE METHOD OF DISTRIBUTION OF THE PROCEEDS
WITHIN HARNETT COUNTY
WHEREAS, the General Assembly has authorized the Harnett County Board of
Commissioners to levy a one-half percent (1/2%) local sales and use tax by enacting
N.C.G.S. 105-517(b) in Section 34.14(a) of Session Law 2001-424, as amended by S.L.
2002-123, "An Act to Accelerate the Additional One-half'Cent (1/20) Local Option Sales
and Use Tax and to Make Conforming and Technical Changes, " and
WHEREAS, the Harnett County Board of Commissioners gave proper public
notice of the Board's intent to consider this resolution, as required by Section 10 of S.L.
1002-123,and
WHEREAS, Harnett County has lost $1.3 million in funds made available by the
State of North Carolina to replace revenue lost because of legislative action: (1) to repeal
sales taxes imposed on purchases made with Food Stamps; (2) to repeal property taxes
imposed on inventories held by manufacturers, retailers and wholesalers; (3) to repeal
taxes on intangible personal property; and (4) to reduce taxes levied on residential
property owned by low-income elderly taxpayers; and
WHEREAS, the Harnett County Board of Commissioners hereby finds that,
particularly in light of the circumstances cited herein, the levy of "The Third One-half
Cent (1/20) Local Government Sales and Use Tax" is necessary to adequately finance the
operations of the county and cities and towns herein.
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners that:
(1) There is hereby imposed and levied within Harnett County the third one-half
cent (1/2¢) Local Government Sales and Use Tax authorized by Section
•
34.14(a) of S.L. 2001-424, as amendment by S.L. 2002-123, and codified as
Article 44 of Chapter 105 of the General Statutes of north Carolina. The tax
hereby imposed and levied shall apply to the same extent and be subject to the
same limitations as are set forth in said S.L. 2001-424.
(2) Collection of the tax by the North Carolina Secretary of Revenue, and liability
therefore, shall begin and continue on and after the first day of December,
2002.
(3) The net proceeds of the tax levied herein shall be distributed by the Secretary
of Revenue to Harnett County as prescribed by N.C.G.S. 105-520. The
amount distributed to Harnett County shall be divided among the county and
municipalities herein in accordance with the method by which the one percent
(1 %) sales and use tax levied in Harnett County, pursuant to Article 39 of
General Statutes Chapter 105, are distributed.
(4) This Resolution is effective upon its adoption, and a certified copy hereof
shall be forwarded to the North Carolina Secretary of Revenue.
Adopted this 21" day of October, 2002.
HARNETT COIhNTY BOARD OF CO SIONERS
eddy J. yr , Ch ' ./
• 1 IJ YQ
eatrice B. Hill, Vice hairman Dan B. Andrews
l
lI^ rNPill
✓` y,4
1� A
1
�TM
Attachment 17.
•
Fund Balance Changes - General Fund
Fiscal Year 2002-2003
As of October 18, 2002
. NM
W. P
ofyL
. . . . .
.....
To increase Fund Balance Appropriated for the rental of a
1
7/1/2002
Transportation
$2,227.00
110
specialized chair -lift van for the Transportation Department.
To increase Fund Balance Appropriated to carry donated
4
7/15/2002
Emergency Services
$1,199.00
110
funds forward from a prior year.
To increase Fund Balance Appropriated due to unused
contributions to the Department on Aging for the prior fiscal
6
7/15/2002
Aging
$2,844.00
110
year.
To reduce Fund Balance Appropriated do to decrease in
12
8 1 /5/2002
Sheriff
($30,715-00)
110
contracted services I budget.
To increase Pund Balance Appropriated to -re-enciunber
19
8/5/2002
Finance
$141,974.00
110
purchase orders from fiscal year 2001-2002.
To budget rent for office spaces through the end of the fiscal
23
8/5/2002
Facilities Fees
$34,320.00
110
year.
To increase Fund Balance Due to unspent Medicaid Earnings
34
8/5/2002
Health
$28,543.00
110
and Family Planning Fees for fiscal year 2001-2002.
To increase Fund Balance Appropriated to re -encumber ftm&
budgeted in the prior fiscal year for the alarm replacement at
37
8/5/2002
Sheriff
$19,730.00
110
the Sheriff Department.
To increase Fund Balance Appropriated for a part-time
49
8/19/2002
Planning
$24,560.00
110
position in the Planning Department.
To increase Fund Balance Appropriated due to unexpended
donated and Special Needs Adoption funding from the prior
57
8119/2002
Social Services
$48,242:00
110
year.
M.0
R
..........
... ..... . . .
VIM.R.
M 0 �ffll
2M
To increase Fund Balance Appropriated to cover the County'E
m-kind contribution for the Child Care Resource & Referral
74
9/3/2002
Cooperative Extensior
$4,320.00
110
Program
ITo increase Fund Balance Appropriated to budget Medicaid
78
9/16/2002
Health
$14,497.00
110
Cost Settlement funds received on May 22, 2002.
ITo decrease Fund Balance Appropriated due to an increase in
82
9/16/2002
Transportation
($1,218.00)
110
the grant awarded from the NC Division of Aging.
-increase Fund Balance Appropriated to return unspent
grant funds from fiscal year 2001-2002 for the Rural
IT
86
9/16/2002
MIS
$844.00
110
Economic Development Grant.
To reduce Fund Balance Appropriated so the current budget
will coincide with the Office of Juvenile Justice Program
IAgreement
90
9/16/2002
Youth Services
($1,936.00)
110
for the current fiscal year.
To increase Fund Balance Appropriated due to business tax
105
10/7/2002
Tax
$1,894.00
110
audits conducted by Tax Management Associates.
To increase Fund Balance Appropriated to return unspent
grant funds from fiscal year 2001-2002 for the CBA Juvenile
109
10/7/2002
Youth Services
$7,868.00
110
Restitution.
F
$3,012,703
$3,012,703
year-to-date Fund Balance Appropriated: $3,311,996
0
0
0
7
0
0
Fund Balance Changes
Public Utilities
Fiscal Year 2002-2003
As of October 18, 2002
.
. . . ..... ..........
. . . . . . . . . ...
-W -ffime&,..
50 � M
g, . g@
To increase Fund Balance Appropriated for a transfer
of funds to the Southwest Regional Transmission
2
7/l/2002
Public Utilities
$342,791.00
531
Project.
To increase Fund Balance Appropriated for to re -
encumber purchase orders from fiscal year 2001 -
18 1�
8/5/2002
Public Utilities
$101,000.00
531
2002.
To increase Fund Balance Appropriated to budget a
transfer of funds to the Titan Wastewater Extension
25
8/5/2002
Public Utilities
$44,038.00
531
Project.
To increase Fund Balance Appropriated to budget a
transfer of funds to the Titan Industries Wastewater
27
8/5/2002
Public Utilities
$7,405.00
531
Project.
To increase Fund Balance Appropriated to budget a
transfer of funds to the Coats Wastewater Extension
30
8/5/2002
Public Utilities
$95,000.00
531
Project.
To increase Fund Balance Appropriated for the
transfer of funds to the General Fund for the Edgerton
76
9/3/2002
Public Utilities
$14,675.00
531
1 industrial park.
To increase Fund Balance to transfer funds to the
108
10/7/2002
Public Utilities
$416,217.00
531
Coats Wastewater Project.
YUa1-LU-UdLV runs balance Appropriated:
Fund Balance Changes - Solid Waste
FY 2002-2003
As of October 18, 2002
Fund Balance
I To reduce Fund Balance Appropriated due to a budget
64 J 9/3/2002 1 Solid Waste ($186) 580 adjustment to the Xerox coDv charae.
Year -to -Date Fund RRIqnni- Annrr)nrinf.,4-
$145,290.00
$1,166,416.00
$315,785.00
$315,599.00