061719mHARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
June 17, 2019
The Harnett County Board of Commissioners met in regular session on Monday, June 17, 2019,
in the Commissioners Meeting Room, County Administration Building, 420 McKinney
Parkway, Lillington, North Carolina.
Members present:
Gordon Springle, Chairman
Howard Penny, Vice Chairman
Barbara McKoy, Commissioner
Joe Miller, Commissioner
Member absent: District 2 Commissioner
Staff present:
Paula Stewart, County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
Chairman Springle called the meeting to order at 6:00 pm. Commissioner McKoy led the Pledge
of Allegiance and invocation.
Chairman Springle called for any additions or deletions to the published agenda. Mrs. Stewart
requested seven additional budget amendments be added to the agenda for consideration. Vice
Chairman Penny moved to approve the agenda as amended. Commissioner McKoy seconded the
motion that passed 4-0.
Commissioner McKoy moved to approve items on the consent agenda. Vice Chairman Penny
seconded the motion, which passed 4-0.
1. Minutes:
June 3, 2019 Regular Meeting
2. Budget Amendments:
20 Information Tech
Code 8909420 544050
8909420 390990
24 Department of Aging
Code 1105160 532010
1105160 522010
1105160 532050
1105160 526010
1105160 532010
Software Maint. & Support
Fund Balance Appropriated
Postage
Food
Postage
Office Supplies
Postage
245,584 increase
245,584 increase
100 decrease
100 increase
150 decrease
150 increase
150 decrease
June 17, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 1 of 13
24 Department of Aging continued
Code 1105160 531030 Travel
1105160 522010 Food
1105160 526010 Office Supplies
75 General Fund
Code 1109800 598400
1103900 390990
148 Public Safety
Code 21081301 567500
21081302 567500
21081304 567500
21081312 567500
21081316 567500
21081317 567500
21081318 567500
21081397 567500
2108100 300103
149 Public Safety
Code 21081120 567700
21081301 567700
21081302 567700
21081304 567700
21081305 567700
21081306 567700
21081307 567700
21081308 567700
21081311 567700
21081312 567700
21081313 567700
21081316 567700
21081317 567700
21081318 567700
21081321 567700
21081323 567700
21081396 567700
21081397 567700
21081398 567700
21081399 567700
2108100 380892
Transfer to Boone Trail CP
Fund Balance Appropriated
Ad Valorem — Motor Vehicle
Ad Valorem — Motor Vehicle
Ad Valorem — Motor Vehicle
Ad Valorem — Motor Vehicle
Ad Valorem — Motor Vehicle
Ad Valorem — Motor Vehicle
Ad Valorem — Motor Vehicle
Ad Valorem — Motor Vehicle
Ad Valorem Taxes — DMV
Sales & Use Tax
Sales & Use Tax
Sales & Use Tax
Sales & Use Tax
Sales & Use Tax
Sales & Use Tax
Sales & Use Tax
Sales & Use Tax
Sales & Use Tax
Sales & Use Tax
Sales & Use Tax
Sales & Use Tax
Sales & Use Tax
Sales & Use Tax
Sales & Use Tax
Sales & Use Tax
Sales & Use Tax
Sales & Use Tax
Sales & Use Tax
Sales & Use Tax
NC Sales Tax Special
150 increase
200 decrease
200 increase
239,000 increase
239,000 increase
8,749 increase
376 increase
796 increase
10,780 increase
3,243 increase
52 increase
4,848 increase
745 increase
29,589 increase
946 increase
12,006 increase
10,807 increase
7,987 increase
3,633 increase
60,700 increase
5,732 increase
1,043 increase
277 increase
13,883 increase
4,787 increase
6,128 increase
2,462 increase
9,309 increase
320 increase
135 increase
1,201 increase
2,018 increase
61 increase
499 increase
143,934 increase
June 17, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 2 of 13
150 Public Safety
Code 21081120 567100
21081301 567100
21081302 567100
21081304 567100
21081305 567100
21081306 567100
21081307 567100
21081308 567100
21081311 567100
21081312 567100
21081313 567100
21081316 567100
21081317 567100
21081318 567100
21081321 567100
21081323 567100
21081396 567100
21081397 567100
21081398 567100
21081399 567100
2108100 300101
151 Public Safety
Code 21081120 567300
21081301 567300
21081305 567300
21081306 567300
21081307 567300
21081308 567300
21081312 567300
21081313 567300
21081316 567300
2108100 300201
178 AMPI Program
Code 1104951 544000
1104951 380890
1104910 330310
1104951 330310
218 General Fund
Code 109800 598500
1103000 300101
Ad Valorem Real - Current
Ad Valorem Real - Current
Ad Valorem Real - Current
Ad Valorem Real - Current
Ad Valorem Real - Current
Ad Valorem Real - Current
Ad Valorem Real - Current
Ad Valorem Real - Current
Ad Valorem Real - Current
Ad Valorem Real - Current
Ad Valorem Real - Current
Ad Valorem Real - Current
Ad Valorem Real - Current
Ad Valorem Real - Current
Ad Valorem Real - Current
Ad Valorem Real - Current
Ad Valorem Real - Current
Ad Valorem Real - Current
Ad Valorem Real - Current
Ad Valorem Real - Current
Ad Valorem Real
Ad Valorem Real - Delq
Ad Valorem Real - Delq
Ad Valorem Real - Delq
Ad Valorem Real - Delq
Ad Valorem Real - Delq
Ad Valorem Real - Delq
Ad Valorem Real - Delq
Ad Valorem Real - Delq
Ad Valorem Real - Delq
Ad Valorem Real - Delq
Contracted Services
Other Revenue -Homeowner
Development Services - State
AMPI-State
Transfer to Capital Reserve
Ad Valorem Taxes - Real
19,838 increase
84,414 increase
57,053 increase
40,868 increase
32,051 increase
87,254 increase
16,545 increase
25,601 increase
5,296 increase
132,728 increase
39,320 increase
54,335 increase
29,699 increase
140,750 increase
1,820 increase
3,783 increase
2,613 increase
2,345 increase
220 increase
888 increase
777,421 increase
739 increase
423 increase
2,846 increase
3,371 increase
384 increase
637 increase
2,410 increase
5,290 increase
1,775 increase
17,875 increase
4,000 increase
4,000 increase
10,000 decrease
10,000 increase
750,000 increase
750,000 increase
June 17, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 3 of 13
276 CTPAD — Transportation
Code 1104630 537010 Advertising 100 increase
1104630 544000 Contracted Services 1,244 increase
1104630 544000 Contracted Services — Misc. 72 increase
1104630 526010 Materials & Supplies 2,191 increase
1104630 531020 Travel Subsistence 500 increase
1104630 533010 Electricity 500 increase
1104630 533060 Sewer 25 increase
1104630 533050 Water 50 increase
1104630 503030 Supplemental Retirement 252 decrease
1104630 505050 Regular Retirement 1,020 decrease
1104630 506020 Dental Insurance 186 decrease
1104630 506010 Group Insurance Expense 1,639 decrease
1104630 507070 OPEB 19 decrease
1104630 505010 FICA 1,006 decrease
1104630 507010 Unemployment Benefits 64 decrease
1104630 507030 Worker's Compensation 443 decrease
1104630 502050 Longevity 4 increase
1104630 502010 Salaries & Wages — Full Time 13,149 decrease
1104630 390510 Local Funding Source 27,846 increase
1104630 330310 State Funding Source 40,938 decrease
291 General Fund
Code 1109800 598400 Interfund Transfer — Capital Project
1109800 599000 Contingency
292 Economic Development Capital Project — Brightwater Phase II
Code 4404930 552000 Construction
4403900 390981 Interfund Transfer — General Fund
61,051 increase
61,051 decrease
61,051 increase
61,051 increase
340 HC Workforce Development
Code 2404970 502050 Longevity 10 decrease
2404970 507030 Worker's Compensation 125 decrease
2404970 504010 Travel Adm. 440 decrease
2404970 533010 Utilities 79 decrease
2404970 544000 Contracted Services 300 decrease
2404970 532010 Telephone & Postage 400 decrease
2404970 549085 Indirect Cost 116 decrease
2404970 526010 Materials & Supplies 3 increase
2404970 539090 Part Cost 612 increase
2404970 504010 Part Travel 2,306 increase
2404970539090 Support Svc 264 increase
2404970 531050 Auth. 2,000 increase
2404970 531090 ITA 1,078 increase
2404970 502090 PDWEP 3,898 increase
2404970 330210 Fed HDW 8,691 increase
June 17, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 4of13
1025 Youth Services
Code 1105870 502010 Salaries & Wages Full Time 341 decrease
1105870 502020 Salaries & Wages Part Time 2,560 decrease
1105870 502050 Longevity 455 increase
1105870 203030 Supplemental Retirement 297 increase
1105870 505010 FICA 135 decrease
1105870 505050 Regular Retirement 1,579 increase
1105870 506010 Group Insurance 906 increase
1105870 506020 Dental Insurance 12 decrease
1105870 507010 Unemployment 317 decrease
1105870 507030 Worker's Compensation 804 decrease
1105870 507050 Employee Clinic 8 increase
1105870 507070 OPEB 125 increase
1105870 544000 Contracted Services 50 increase
1105870 526010 Materials & Supplies 67 increase
1031 Cooperative Extension
Code 1104995 528010
1103900 390990
4-H Program
Appropriated Funds
3. Tax rebates, refunds and releases
5,000 increase
5,000 increase
4. Resolution to Honor Commissioner Abe Elmore For His Dedicated Service to Harnett
County and Its Citizens (Attachment 1)
5. Administration requested approval of a School Resource Officer Program Memorandum
of Understanding (MOU) between the Harnett County Board of Commissioners, Harnett
County Board of Education and Harnett County Sheriffs Office related to the provision
of School Resource Officers in the County's public school system. The MOU outlines
the responsibilities and expectations of all parties involved.
6. Administration requested approval of a School Resource Officer Program
Reimbursement Agreement for Elementary and Primary Schools between the Harnett
County Board of Commissioners and Harnett County Board of Education related to the
provision of School Resource Officers in the County's non -municipal Elementary and
Primary schools. This reimbursement address funds the Board of Commissioners agreed
to provide during the 2018-2019 fiscal year.
7. Administration requested approval of a renewal of School Resource Officer Program
Memorandum of Understanding (MOU) between the Harnett County Board of
Commissioners, Harnett County Board of Education and Harnett County Sheriffs Office
related to the provision of School Resource Officers in the County's public school
system. The MOU outlines the responsibilities and expectations of all parties involved.
This renewal covers the period from July 1, 2019 to June 30, 2020.
June 17, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 5of13
8. Harnett County General Services requested approval of an agreement between the
County of Harnett and Pusser Aviation to operate a Special Aviation Service
Organization (SASO) to provide maintenance activities at the Harnett Regional Jetport.
This is a five years agreement with Pusser Aviation providing an annual payment of
$900.
9. Harnett County Attorney requested approval of the Resolution By The Harnett County
Board of Commissioners To Convey County Owned Real Property To Erwin Memorial
Park, Inc. (Attachment 2)
10. Harnett County Attorney requested approval of the Joint Resolution By The Harnett
County Board Of Commissioners And The City Of Dunn Council To Sell Real Property
(Attachment 3)
11. Sheriff Wayne Coats requested approval of Resolution to award a Glock Model 17 9mm,
Serial number BGYD470, service weapon to Captain Timothy H. Lloyd upon his
retirement. (Attachment 4)
12. Harnett County General Services requested approval of the Project Ordinance for the
Former Boone Trail Elementary School Demolition Project. The former Boone Trail
Elementary School was condemned and anticipated expenses for this project are
$239,000 to be funded by the General Fund. (Attachment 5)
13. The Harnett County Fire Marshal requested approval of the Town of Lillington's
Fireworks Permit Application for July 4, 2019.
14. Harnett County Cooperative Extension requested approval to accept the 2019-2020
Adolescent Parenting Grant for $78,000 from the NC Department of Health and Human
Services Department in support of the Teen Pregnancy Prevention Initiative. The local
in-kind match of $26,000 includes Office space for APP Program Specialist, APP Library
Space and Extension Director's Supervision — 5% of Salary.
15. Harnett County Economic Development requested award of bid for the Brightwater
Construction Project in the amount of 886,551 to Fred Smith Company, Raleigh, NC.
This project consist of the construction of approximately 540 linear feet of roadway to
extend Brightwater Drive to included associated storm drainage and gravity sewer. This
project will be funded jointly by the Golden Leaf Foundation grant and HCDPU reserves.
(Attachment 6)
16. Harnett County General Service requested award of bid for the County of Harnett
Cleaning Services Contract to OMNICO for $762,924.00 for 3 years, July 1, 2019 - June
30, 2022. OMNICO, who was not the lowest bidder, was selected based on a consensus
among user departments and their performance during the last three years. Also, the
lowest bidder did not attend the facility walk-thru. (Attachment 7)
June 17, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 6of13
17. Harnett County General Services requested award of bid for the County of Harnett
Elevator Services Contract to ThyssenKrupp Elevator for $51,630.00 for 3 years, July 1,
2019 - June 30, 2022. ThyssenKrupp Elevator, who was not the lowest bidder, was
selected because of their performance during the last three years. The lowest bidder had
difficulties repairing an elevator during the walk-thru inspection. (Attachment 8)
18. Harnett County General Services requested award of bid for the County of Harnett Fire
Extinguisher Services Contract to Allied Fire & Safety for $12,100.00 for 3 years, July 1,
2019 - June 30, 2022. Allied Fire & Safety were the only responsive, responsible bidder
taking into consideration quality, past performance, and time specified for performance
of the contract.
19. Harnett County General Services requested award of bid for the County of Harnett
Generator Services to KB Power Systems, LLC Contract for $22,944.00 for 3 years, July
1, 2019 - June 30, 2022. KB Power Systems, LLC, who was not the lowest bidder, was
selected because of their previous performance and response times with Harnett Regional
Water during storm events. (Attachment 9)
20. Harnett County General Services requested award of bid for the County of Harnett
HVAC Services Contract to Johnson Controls, Inc. for $713,590.00 for 3 years, July 1,
2019 - June 30, 2022. Johnson Controls, Inc., who was not the lowest bidder, was
selected due to their previous performance, which exceeded expectations; response to
unscheduled maintenance, historical knowledge of equipment on hand (boilers, chillers,
etc.) and immediate delivery on contract requirements. (Attachment 10)
21. Harnett County General Services requested award of bid for the County of Harnett Pest &
Fire Ant Control Services Contract to Holloman Exterminators, Inc. for $82,440.00 for 3
years, July 1, 2019 - June 30, 2022. Holloman Exterminators, who was not the lowest
bidder, was selected because they are familiar with County facilities, their ability to
respond to requests, they are a previous contract holder and history of company.
(Attachment 11)
Chairman Gordon Springle presented Mrs. Jackie Elmore and family with a Resolution to Honor
Commissioner Abe Elmore For His Dedicated Service to Harnett County and Its Citizens.
Commissioners also presented the family with a Harnett County plaque.
Chairman Springle opened the floor for informal comments by the public, allowing up to
3 minutes for each presentation up to 30 minutes. The following citizens addressed the
Board regarding their concerns over trash and debris piled up on personal property in the
Shawtown area:
- Mary Murchison Ross who own 49 Patterson Road in Lillington
- Beatrice Bailey Hill of 451 Joel Johnson Road in Lillington
Citizens said they understand that the Shawtown area is located within Lillington's ETJ.
Chairman Springle responded that Assistant County Manager Coley Price and Lillington Town
Manager Joseph Jeffries are currently working on this issue.
June 17, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 7 of 13
Commissioner Miller moved to approve the appointment listed below. Vice Chairman Penny
seconded the motion that passed 4 - 0.
Adult Care Home Community Advisory Committee
Kathy Farley was appointed to serve on this committee for a term of one year expiring
June 30, 2020.
Agricultural Advisory Board
L.D. Black and C.H. Johnson were reappointed to serve on this board for a term of three
years each expiring July 1, 2022.
District H Tourism Authority
Ilia Smirnov was reappointed to serve on this authority for an additional three-year term
expiring June 30, 2022.
Harnett County Economic Development Council
Pat Godwin was reappointed to serve on this board for a term of two years expiring June
30, 2021.
Social Services Board
Eric Thornton was reappointed to serve on this board for a term of three years expiring
June 30, 2022.
Triangle South Workforce Development Board
Kevin Bolyard was reappointed to serve on this Board of an additional four-year term
expiring June 30, 2023.
Mrs. Honeycutt presented the following additional budget amendments for consideration; noting
they were end -of -year clean-up amendments, for consideration:
650 Education Department
Code 1105910 601012 Current Expense — Other 234,370 increase
1103900 390990 Fund Balance Appropriated 234,370 increase
Explanation: To budget an allocation to the schools to reimburse for School Security
Officers in the elementary and primary schools while the County transitions to funded
School Resource Officers in all schools.
652 General Fund
Code 1104120 502010
1104160 502010
1104210 502010
1104250 502010
1104610 502010
1104630 502010
1104230 502010
1104270 502010
Administration Salaries & Wages
Human Resources Salaries & Wages
General Services Salaries & Wages
Fleet Services Salaries & Wages
Transportation Salaries & Wages
Transportation Admin Salaries & Wages
Facilities Maintenance Salaries & Wages
IT Salaries & Wages
10,432 increase
486 increase
534 increase
2,036 increase
5,804 increase
3,725 increase
1,454 increase
5,432 increase
June 17, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 8of13
652 General Fund continued
Code 1104290 502010
1104310 502010
1104330 502010
1104350 502010
1104370 502010
1104390 502010
1104570 502010
1104410 502010
1104450 502010
1104510 502010
1104512 502010
1104710 502010
1104930 502010
1105160 502010
1105160 502010
1105160 502010
1105110 502010
1105310 502010
1105810 50010
1106170 502010
1106110 502010
1103800 380850
1103900 390990
Explanation: To budget
appropriate Fund Balanc
654 Public Utilities
Code 6107111 502010
6107113 502010
6107115 502010
6107117 502010
6107119 502010
6107121 502010
6103800 380850
Explanation: To budget
657 Public Safety
Code 2108309 380850
2108309 380850
Explanation: To budget
663 Employee Clinic
Code 8309302 502010
8303800 380850
Explanation: To budget
GIS Salaries & Wages
Sheriff Salaries & Wages
Campbell Deputies Salaries & Wages
SRO Salaries & Wages
Child Support Enforcement Salaries
Jail Salaries & Wages
Sheriff Communications Salaries
Emergency Services Salaries & Wages
Emergency Medical Services Salaries
Animal Control Salaries & Wages
Animal Shelter Salaries & Wages
Soil & Water Salaries & Wages
Economic Development Salaries & Wages
Department on Aging Salaries & Wages
Family Caregiver Support Salaries
CAP Salaries & Wages
Health Salaries & Wages
Social Services Salaries & Wages
Veterans Services Salaries & Wages
Library Salaries & Wages
Parks & Recreation Salaries & Wages
601 increase
72,054 increase
1,181 increase
16,243 increase
2,215 increase
254 increase
10,229 increase
27,244 increase
250,000 increase
1,381 increase
406 increase
416 increase
511 increase
1,365 increase
276 increase
1,551 increase
26,955 increase
75,924 increase
2,564 increase
506 increase
1,070 increase
Insurance Settlement 337,312 increase
Fund Balance Appropriated 185,537 increase
Salaries & Fringes associated with Hurricane Florence. Also to
e to cover staff shortages due to turnover.
Public Utilities Salaries & Wages
Public Utilities Treatment Salaries
Public Utilities Wastewater Treatment
Public Utilities South Harnett Salaries
Public Utilities Distribution Salaries
8,086 increase
23,207 increase
17,681 increase
19,166 increase
29,010 increase
Public Utilities Collections Salaries 22,047 increase
Insurance Settlement 119,197 increase
Salaries & Fringes associated with Hurricane Florence.
Governor's Highway Safety Salaries 332 increase
Insurance Settlement 332 increase
Salaries & Fringes associated with Hurricane Florence
Employees Clinic Salaries & Wages 1,233 increase
Insurance Settlement 1,233 increase
Salaries & Fringes associated with Hurricane Florence
June 17, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 9 of 13
670 Solid Waste
Code 6607410 502010 Solid Waste Salaries & Wages 6,555 increase
6603500 380850 Insurance Settlement 6,555 increase
Explanation: To budget Salaries & Fringes associated with Hurricane Florence
672 Sheriff Department
Code 1104350 547090 Allocation 555,047 increase
1103900 390990 Fund Balance Appropriated 555,047 increase
Explanation: To budget an allocation to the towns for the reimbursement of School
Resource Officers in the County elementary and primary schools while the County
transitions to funded School Resource Officers in all schools.
Vice Chairman Penny moved to approve the additional budget amendments as presented.
Commissioner McKoy seconded the motion that passed 4 — 0.
Angie Stewart, with Harnett County Economic Development, petitioned the Board for a public
hearing regarding the 2019-2020 economic development appropriation. This public hearing is
required in accordance with N.C. General Statute §158-7.1. Mrs. Stewart stated the total
expenditure budget for economic development matters is $660,974. She noted of that amount,
one specific incentive of $352,000 is to be paid per the previously adopted Economic
Development Incentive Grant Agreement with Rooms To Go Distribution center. Mrs. Stewart
detailed the proposed budget that includes $94,000 for product development and business
attraction. There is also a continued deferment of $100,000 reduced land purchase pursuant to
the previously adopted Economic Development Incentive Agreement with Treyburn Realty, LLC
(Quick Lane Tire & Auto Center).
Chairman Springle called to order a public hearing on the matter and opened the meeting for
comments from the public. Seeing no one move, Chairman Springle closed the public hearing.
Commissioner Miller moved to approve the 2019-2020 economic development appropriation as
presented. Vice Chairman Penny seconded the motion that passed 4-0.
Mrs. Stewart petitioned the Board for a public hearing on the proposed budget for Harnett
County for the fiscal year beginning July 1, 2019, including the HRW Department of Public
Utilities Water and Sewer Ordinance. Mrs. Stewart reviewed the following changes, totaling
$416,481, made to the proposed budget since it was presented to the Harnett County Board of
Commissioners on May 29, 2019:
Expenditure chanes:
5/29/2019
6/17/2019
Difference
Overall expenditure change
$126,346,773
$126,763,254
$416,481
Detailed Changes:
Board of Education - additional funding for
charter schools 2nd month ADM of 581
students instead of 232 (349 x
$1141.29=$398,311)
$
24,282,292
$
24,680,603
$
398,311
June 17, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 10 of 13
Expenditure changes:
5/29/2019
6/17/2019
Difference
Interfund Transfers - 3 months of funding for
$
$
$
the Assistant District Attorney position
15,196,110
15,214,280
18,170
$1,021,528 to hold them harmless (from
$
$
$
lottery funds)
21,036,101
20,959,080
416,481
Revenue changes:
Overall revenue change
$
126,346,773
$
126,763,254
$
416,481
Detailed Changes:
Intergovernmental Revenue - decreased due
to change in funding formula for capital outlay
funds for Board of Ed from $944,507 to
$1,021,528 to hold them harmless (from
$
$
$
lottery funds)
21,036,101
20,959,080
(77,021)
Fund Balance appropriation - increased due to
added expenditures listed above with no
$
$
$
corresponding increase in revenue
1,921,649
2,415,151
493,502
$
416,481
Commissioner McKoy asked that the Assistant DA position be funded by the County through
December 31, 2019 instead of the 3 months included in the budget. Commissioner Miller
expressed concern using $2,433,321 from the General Fund to balance the budget. Mrs. Stewart
said different counties have different methodologies of balancing their budgets and staff feels
comfortable doing it this way since the County has excess fund balance.
Mrs. Stewart also noted other changes after the initial presentation included:
1. Duke (Erwin) Fire District tax levy increase up 1 cent instead of 1/2 cent (0.085 to 0.095)
2. Spout Springs Fire District tax levy increase up 2 cents instead of 1 (.10 to .12)
3. Assistant DA Position funded for 3 months
4. County Manager is granted authority to execute any contract below the $500,000 formal
construction bid amount.
5. I will be bringing an amendment to the Personnel Ordinance for the Board to consider
granting 3 days bereavement leave to full-time employees.
Chairman Springle called to order a public hearing on the matter and opened the meeting for
comments from the public. Seeing no one move, Chairman Springle closed the public hearing.
Vice Chairman Penny moved to approve the proposed budget for Harnett County for the fiscal
year beginning July 1, 2019, including the HRW Department of Public Utilities Water and Sewer
Ordinance, as presented including the additional funding for the Assistant DA Position.
Commissioner McKoy seconded the motion that passed 3 — 1 with Commissioner Miller
opposing.
June 17, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 11 of 13
Debbie Taylor, with Harnett County Economic Development , petitioned the Board for a public
hearing concerning a proposed agreement to extend economic incentives to Krigen
Pharmaceuticals LLC, a North Carolina Limited Liability Company (Krigen) which intends to
lease, upfit and reuse that plant building located at 800 Edwards Brothers Drive, Lillington,
Harnett County, NC 27546 for the operation of a pharmaceutical parenteral manufacturing
facility. Mrs. Taylor reviewed the proposed economic incentive package to include five annual
incentive grants to be paid to Krigen from any available fund sources of the County, which will
be calculated to be in amounts equal to a portion of the property taxes to be paid by Krigen,
assuring a positive return on investment for the County. The County will also reimburse
Krigen's water and sewer fees up to a maximum of $25,000.00 over several years. This facility
project site will include a capital investment of approximately $4.6 million. During the five (5)
year incentive period, one hundred seventeen (117) full time jobs with an average annual wage
of $47,479.00 will be created as a result of the operation of this manufacturing facility.
Chairman Springle called to order a public hearing on the matter and opened the meeting for
comments from the public.
- Daruv Patel, CFO with Krigen, thanked the Board and staff.
Seeing no one else move, Chairman Springle closed the public hearing. Commissioner Miller
moved to approve the Resolution To Enter Into An Incentive Agreement With Krigen
Pharmaceuticals LLC. Commissioner McKoy seconded the motion that passed 4-0.
(Attachment 12)
Mrs. Stewart presented the following reports:
Harnett County Public Health Activities Summary — May 2019
Harnett County Veteran Services Activities Report — May 2019
Harnett County Schools Financials — April & May 2019
Interdepartmental Budget Amendments
Chairman Springle called for any new business. Vice Chairman Penny moved to accept the
Harnett County Republican Party's selection of Mark Johnson of Dunn as the new 2' District
Commissioner. Commissioner Miller seconded the motion, which passed 4 — 0.
Commissioner McKoy moved that the Board go into closed session for the following purposes:
1) To discuss certain personnel matters in a joint closed session with the Harnett County
Board of Social Services; and
2) Consultation with the County's legal staff in order to preserve the attorney-client
privilege concerning the handling of certain litigation, namely
a. PN Development, LLC vs Harnett County
Harnett County File No. 19 CVS 968; and
3) To discuss certain personnel matters.
This motion is made pursuant to N.C. General Statute Section 143-318.11 (a)(6)&(3).
Vice Chairman Penny seconded the motion that passed 4-0.
Vice Chairman Penny moved that the Board come out of closed session. Commissioner McKoy
seconded the motion that passed 4 - 0.
June 17, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 12 of 13
Following closed session, Commissioner Miller moved to approve a $35,000 retainer to Fox
Rothschild. Commissioner McKoy seconded the motion, which passed 4 - 0.
Commissioner Miller moved to adjourn the meeting at 7:49 pm. Vice Chairman Penny seconded
the motion that passed 4 - 0.
Gor s on Springle C ': irman
heeler, Clerk
June 17, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 13 of 13
ATTACHMENT 1
A RESOLUTION TO HONOR COMMISSIONER ABE ELMORE
FOR HIS DEDICATED SERVICE TO HARNETT COUNTY AND ITS CITIZENS
WHEREAS, William Pernon "Abe" Elmore was born in Sampson County on October 8, 1932,
the son of Pernon Washington and Ramsey Core Elmore, and passed away on May 19, 2019, at age
86; and
WHEREAS, after graduating from Dunn High School in 1951, Abe went to Wake Forest
University where he worked his way through college by serving as the Head Equipment Manager for the
football team and became the first non -athlete to be elected President of the Monogram Club; and
WHEREAS, Abe graduated in 1955 with a degree in Business Administration and a lifelong love
of the Demon Deacons, then returned to Dunn to begin a successful career in the furniture business which
spanned more than six decades; and
WHEREAS, in addition to his business acumen, Abe possessed a strong sense of civic duty,
which led him to take an active role in the affairs of the City of Dunn, Harnett County and the State of
North Carolina, serving as a U.S. Commissioner from 1960 to 1971; as a member of the Governor's
Economic Development Board under Governor Jim Martin from 1985 to 1993; as Mayor of Dunn from
1971 to 1983 and from 1995 to 1999; and as a Harnett County Commissioner from 2014 until 2019,
representing District 2; and
WHEREAS, Abe was a tireless champion for the City of Dunn and Harnett County, both as a
businessman and as a public servant, volunteering his time and expertise in service to numerous civic
organizations including the Dunn Kiwanis Club, where he had perfect attendance for 55 years; the Dunn
Area Chamber Commerce, of which he was an active member for more than 60 years; the Dunn Shrine
Club, where he was a member for more than 50 years and served as a Trustee and Treasurer; the
Downtown Organization for Revitalization, serving as President and spearheading the campaign to raise
money for the renovation of the Stewart Theater; the Betsy Johnson Hospital Board; and the Harnett
County Properties Corporation; and
WHEREAS, Abe was instrumental in the founding of the Dunn Committee of 100 and was
responsible for converting the former Magnolia School in Dunn into the Triangle South Enterprise
Center, which is the second oldest business incubator in North Carolina, and over the last 30 years has
contributed to the creation of more than 150 new businesses and nonprofits, and nearly 2,500 jobs, and
manages a small business lending program with approximately $10 million available to assist
entrepreneurs locally and across the State; and
WHEREAS, Abe served as a trustee for the Baptist Children's Homes of North Carolina for 43
years, and was a charter member of Westfield Baptist Church, where he and his wife, Jackie, attended
since 1961 and where Abe served as a Deacon and Treasurer; and
WHEREAS, Abe received numerous recognitions and honors throughout his life including the
Charlie Taylor award from the N.C. Technical Development Authority in 1990, the Order of the Long
Leaf Pine in 1990, the Distinguished Citizen Award from the Boy Scouts of America, the Baptist
Heritage Award from the Baptist Children's Homes of North Carolina in 2003, and the M.H. "Jack"
Brock Memorial Award in 2018 from the Mid -Carolina Council of Governments; and he was named
Dunn Man of the Year in 1966 and 2008; and
WHEREAS, Abe was elected to two terms as a Harnett County Commissioner and in that role
was dedicated to providing quality services to residents while keeping a watchful eye on the County's
budget to ensure responsible stewardship of taxpayer funds; and
WHEREAS, the accomplishments above represent a small portion of Abe's contributions to the
community he called home — Abe spent his life creating opportunity for others and bringing resources,
jobs and prosperity to Harnett County and beyond; and
WHEREAS, even more important to Abe than his many civic, political and business
accomplishments was his family — he married Jackie Campbell on Christmas Day, 1953, and the couple
had four children, 10 grandchildren and 20 great-grandchildren (with number 21 on the way); and
WHEREAS, Harnett County is a better place and the lives of its residents have been enhanced
because of Abe Elmore; and
NOW, THEREFORE, BE IT RESOLVED, that the Harnett County Board of Commissioners
does hereby express sincerest gratitude for the life and service of Harnett County Commissioner Abe
Elmore and for his many contributions for the betterment of Harnett County; the Board further extends to
Jackie Elmore, her children, grandchildren and great-grandchildren its gratitude for sharing Abe with
Harnett County, and deepest sympathy for their loss.
Duly adopted this the 17" day of June 2019.
Harnett County Board of Commissioners
Barbara McKoy
H
war : ' envy, Vice Chairman
Joe Miller
ATTACHMENT 2
RESOLUTION BY THE
HARNETT COUNTY BOARD OF COMMISSIONERS
TO CONVEY COUNTY OWNED REAL PROPERTY TO
ERWIN MEMORIAL PARK, INC.
THAT WHEREAS, ERWIN MEMORIAL PARK, INC. is a non-profit corporation
created under the laws of North Carolina whose public purpose is to create and provide at a
reasonable cost, and in certain cases at a charitable cost, cemetery plots and services for residents
of Erwin, NC and the surrounding area of Harnett County; and
WHEREAS, Harnett County is the owner of a vacant real property tract located north of
and contiguous to the Erwin Memorial Park Cemetery property which is more particularly
described as follows:
BEING all of Tract 2 composed of 1.14 acres as shown on that map
entitled, "Recombination Survey for: Erwin Memorial Park" dated
November 12, 2014 by Andrew H. Joyner, PLS which is recorded in Map
Book 2014, Page 354, Harnett County Registry.
The above described tract is a portion of that real property conveyed to the
County of Harnett designated as Tract II in that deed from the Town of
Erwin recorded in Book 2590, Page 723, Harnett County Registry; and
WHEREAS, Erwin Memorial Park, Inc. has made a request to the Harnett County Board
of Commissioners for assistance in fulfilling its public purpose for the citizens of Harnett
County; that the County Board of Commissioners recognizes Erwin Memorial Park, Inc.'s long
and distinguished service; and
WHEREAS, the Harnett County Board of Commissioners has made the determination
pursuant to the provisions of N.C. General Statutes §160A-279 and §160A-267 to donate and
convey the County's title interest in the above described real property tract as an appropriation to
Erwin Memorial Park, Inc. for carrying out its public purpose.
NOW, THEREFORE, the Harnett County Board of Commissioners hereby resolves the
following:
1. That the Harnett County Board of Commissioners hereby recognizes and determines
that Erwin Memorial Park, Inc., a N.C. non-profit corporation, carries out a public
purpose and is a viable and deserving private entity to which the County is authorized
to appropriate the transfer of real property.
2. That the Chairman of the Harnett County Board of Commissioners is hereby
authorized to convey by Special Warranty Deed with conditions to Erwin Memorial
Park, Inc., a N.C. non-profit corporation, Harnett County's title interest in that vacant
real property lot previously described in this Resolution in exchange for no monetary
consideration.
3. That pursuant to N.C. General Statutes §160A-279 and §160A-267, a notice
summarizing the contents of this Resolution shall be published once with the
conveyance to be consummated no sooner than 10 days after the notice publication
date.
This Resolution is duly adopted at the regular meeting for the Harnett County Board of
Commissioners on Monday lot<17, 2019.
3.kne
ATTESTED:
HARNETT COUNTY BOARD OF COMMISSIONERS
arg. 'et Regina eeler
Count Board Cle
ATTACHMENT 3
JOINT RESOLUTION BY THE HARNETT COUNTY BOARD OF
COMMISSIONERS AND THE CITY OF DUNN COUNCILTO SELL REAL PROPERTY
THAT WHEREAS, Harnett County and the City of Dunn are the owners of a 50 foot x
150 foot real property tract located on East Edgerton Street in the City of Dunn, Harnett County,
NC 28334. This tract was conveyed to Harnett County and the City of Dunn in that Deed
recorded in Book 1247, Page 332, Harnett County Registry with Parcel ID No.
02151608470027; and
WHEREAS, the Trustees of the Harnett Chapel Freewill Baptist Church (Harnett Chapel)
have made an offer to Harnett County and the City of Dunn to purchase said real property tract
for the purchase price of $5,250.00 pursuant to the negotiated offer, advertisement and upset bid
procedure set forth in N.C. Gen. Stat. § 160A-269; that the Harnett County Board of
Commissioners and the City of Dunn Council have considered this offer and they desire through
this Resolution to propose to accept the offer on the condition that Harnett Chapel pay a 5%
deposit ($267.50) and that the further requirements of N.C. Gen. Stat. §160A-269 are met.
NOW THEREFORE, BE IT RESOLVED that the Harnett County Board of
Commissioners and the City of Dunn Council pursuant to the provisions of N.C. Gen. Stat.
§ 160A-269 do hereby propose to accept the offer by the Trustees of the Harnett Chapel Freewill
Baptist Church to purchase that 50 foot x 150 foot real property tract (Parcel ID No.:
02151608470027) upon its deposit of 5% of the offered price ($267.50) and subject to any upset
bids received after publication of Harnett Chapel's offer pursuant to the aforementioned statute.
BE IT FURTHER RESOLVED that the County and City attorneys will insure the
compliance with the sale provisions of N.C. Gen. Stat. §160A-269 and will provide to the Board
and Council a proposed Special Warranty Deed at such time that a final bid has been received
and accepted for said real property.
Adopted this the 17th day of June, 2019.
ATTEST:
HARNETT COUNTY BOARD OF COMMISSIONERS
By:
arg
Clerk
t Regina eler
the Board
Go • on Springle, C
Adopted this the (n day of June, 2019.
.`` O.. '",
'
OGyZ : BY:
GO ATF
CITY OF DUNN COUNCIL
ATTEST:
eh. .mug)
SEAL
,;hCAa;:�`�
5th
Tari\my Willi
Clerk to the Council
scar N. Harris, yor
ATTACHMENT 4
NORTH CAROLINA
HARNETT COUNTY
RESOLUTION
THAT, WHEREAS, Timothy Howard Lloyd, began his Harnett County
Law Enforcement career on March 26th 1999; and
WHEREAS, after 20 years of distinguished service to Harnett
County, Timothy Howard Lloyd will retire; and
WHEREAS, according to North Carolina General Statute 14-402
and 14-409.1, proper permits have been obtained (as attached) in
order to receive the side arm.
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners that Timothy Howard Lloyd be awarded the following
service side arm for one dollar ($1.00). Glock Model 17 9mm,
Serial #; BGYD470.
Duly adopted this )7 ' day of TA
ATTEST:
Ci Ak to th, Board
20 19.
HARNETT COUNTY BOARD OF COMMISSIONERS
PERMIT TO PURCHASE/RECIE VE A HANDGUN
State of North Carolina
201906040001
Permit Number
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28339 -,in HARNETT County, North
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Carolina and have received no information to indicate that it would be a violation of the State or Federal law for the applicant to purchase,
transfer, receive or possess a handgun. The applicant has further satisfied me as to his, her (or) their good moral character. Therefore, a
to purchase one pistol from any person, firm or corporation authorized to dispose
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This permit expires five years from its date of issuance listed below.
Issued this 04 day of June, 2019
Expire the 04 day of June. 2024
ATTACHMENT 5
HARNETT COUNTY
PROJECT ORDINANCE
FORMER BOONE TRAIL ELEMENTARY SCHOOL
DEMOLITION PROJECT
BE IT ORDAINED by the Board of Commissioners of Harnett County, North Carolina, sitting as the
governing board for Harnett County.
Section 1.
The County of Harnett is interested in demolishing the declared condemned
former Boone Trail Elementary School, located at 8500 Old U.S. 421, Lillington,
North Carolina.
Section 2. The officers of this unit are hereby directed to proceed with the capital project within the
terms of the grant documents, loan documents, and the budget contained herein.
Section 3. The following amounts are hereby appropriated for this project:
Former Boone Trail Demolition Project
Demolition $ 225,000
Environmental Clearing $ 12,000
Asbestos Monitoring $ 2,000
Total $ 239,000
Section 4. The following revenues are anticipated to be available to complete this project:
General Fund $ 239,000
Section 5. The Finance Officer is hereby directed to maintain within the Capital Project Fund
sufficient specific detailed accounting records to satisfy the requirements of the grantor
agency, the grant agreements, and federal regulations.
Section 6.
Funds may be advanced from the General Fund for the purpose of making payments as
due. Reimbursement request should be made to the grantor in an orderly and timely
manner.
Section 7. The Finance Officer is directed to report, on a quarterly basis, on the financial status of
each project element in Section 3 and on the total grant revenues received or claimed.
Section 8. The Budget Officer is directed to include a detailed analysis of past and future costs and
revenues on this capital project in every budget submission made to this Board.
Section 9. Copies of this capital project ordinance shall be furnished to the Clerk to the Governing
Board, and to the Budget Officer and the Fin. ce Officer for direction in carrying out this
project. ....��
Duly adopted this I '7 'ay of flu vte, 2019.
ATTEST -
Margaret R-gina
eeler, CO
on Sprin
Harnett County
to the Board, Harnett County Board of Commissioners
ATTACHMENT 6
BRIGHTWATER DR EXT: PHASE 2A
BID TAB
Bid Date: June 3, 2019
IMOWithersRavenel
Item Mo.
Item Description
Unit
Est Quan.
Construction Entrance
EA
2
Combination Silt/Tree Protection Fence
LF
3
Temporary Diversion Ditch/Swale
LF
4
Rip Rap 22" Thick Class B wJ Filter Fabric
SY
Inlet Protection
EA
6
Temporary Seeding and Mulching
AC
7
SCM Conversion
LS
8
Erosion Control Maintenance
LS
9
Matting
SY
10
Sift Fence Outlet
EA
11
Check Dams
EA
12
Skimmer Basin w/Baffles
EA
13
Trees
EA
14
Mobilization
LS
15
Clearing and Grubbing
AC
16
17
Seeding and Mulching,
Earthwork
AC
15
18
Geotech Fabric
SY
19
857 Stone for Stabilization
SY
20
Catch Basin 0'-6' Deep
EA
21
Catch Basin 16' Deep
EA
22
Yard Inlet 6'-10
EA
23
36" FES
EA
24
4' Manhole 8-10' Deep
EA
25
15" RCP
LF
26
36" RCP
LF
27
42' RCP
LF
28
48' RCP
LF
29
4x4 Riser
EA
30
MH 10-12 - 4' Diameter
EA
31
MH 12-14' - 4' Diameter
EA
32
Tie in to Ex. MH
EA
33
8' DIP
LF
34
12" PVC
LF
35
Tie to Existing Watermain
EA
36
12" DIP Watermain
LF
1200
950
125
11
2
1
1
50
5
B
12
1
6.4
3.2
1
150
100
2
1
1
2
2
47
397
163
156
1
2
2
1
103
590
1
100
37
38
Waterline Testing
LS
2' Blow -Off with 12' GV
EA
1
1
39
Adjust Fire Hydrant to final grade and location
EA
40
2" S 9.58 Final Overlay
SY
41
30" 119.00
SY
42
10" ABC Base
SY
43
Adjust SSWR MH
EA
44
Adjust Water Valve Lids
EA
45
30" Concrete Curb and Gutter
LF
46
18" Median Curb
LF
47
4" ABC Under Curb
LF
48
Adjust Catch Basin Frames
EA
2
2,140
2,140
2,140
4
6
896
799
1.695
7
49
5' Concrete Sidewalk
SY
482
50
HC Ramps
EA
2
51
Signage and Stripping
LS
1
TOTAL BASE BID =
ALTERNATES
1
2
3
4
5
6
7
2" 5 9.5B Final Overlay
3.0" 119.0C
10' ABC Base
30" Concrete Curb and Gutter
18" Median Curb
4" ABC Under Curb
5' Concrete Sidewalk
SY
706
706
706
311
314
625
173
SUBTOTAL ALTERNATES BID
SY
SY
LF
LF
LF
5Y
TOTAL BASE BID WITH ALTERNATES =
CERTIFICATION
``s„t 11111111,
".c,c CARO. "%.„
�`C11-/F0.s sio /4, ':
i
Rq�';'The 81ds tabulation herein were opened at Harnett County Regonol Water a1 700 McKinney
SEAL Parkway. Lillington. North Carolina on June 3, 2019 at 2:00 PM and publically read. The
•
.) $ 9 imposed
is correct in that it contains the unit prices as presented during the Original Bid
Kenneth Jesneck, P.E. (p aimposed of each bidder during the bid opening. The project was bid Si accordinance with the NC
.} .6.4, sq....--& 3eneralstatues for Public Bidding Requirements as witnessed by representatives of Harnett
Project Manager i '•C�t•'• 6,G.I NE .•' ` County Regional Water and WithersRavenel, Inc. License 8 C-832.
,1"1/1 r1I 11N110%°` `
T2 Construction
Highland Paving
Fred Smith Company
Unit Price
Extended Price
Unit Price
Extended Price
Unit Price
Extended Price
$ 3,800.00
$ 3,800.00
$ 2,150.00
$ 2.150,00
$ 5,406.00
$ 5,406.00
$ 7.00
$ 8,400.00
$ 4.00
$ 4,800.00
$ 2.60
$ 3,120.00
$ 9,00
$ 8,550.00
$ 3.00
5 2,850.00
$ 6.00
$ 5,700.00
$ 90.00
$ 11,250.00
$ 65.00
$ 8,125.00
$ 85.00
$ 10,625.00
$ 550.00
$ 6,050.00
$ 200.00
$ 2,200.00
$ 470.00
$ 5,170.00
$ 1,800.00
$ 3,600.00
$ 2,100.00
$ 4.200,00
$ 3,900.00
S 7,800.00
$ 60,250.00
$ 60250.00
$ 35.000.00
$ 35.000.00
$ 50,000.00
$ 50,000.00
$ 2,500.00
$ 2,500.00
$ 5.000,00
5 5,000.00
$ 30,000.00
$ 30.000.00
$ 15.00
$ 750.00
S 4.00
8 200.00
8 2.40
$ 120.00
$ 650.00
$ 3,250.00
$ 850.00
$ 4,250.00
S 500.00
$ 2,500.00
$ 750.00
$ 6,000.00
$ 550.00
$ 4,400.03
$ 350.00
$ 2,80000
$ 48,000.00
S 48,000.00
S 88,800.00
5 88,800.00
$ 85,000.00
$ 85.000,00
5 750.00
5 9.000,00
$ 975.00
S 11.700.00
S 1.200,00
5 14,40000
$ 15,000.00
$ 15,000.00
$ 32,000.00
$ 32,000.00
$ 43,000.00
$ 4.3,000.00
$ 6,500.00
$ 41,600.00
$ 8,000.00
$ 51,200.00
$ 9,500.00
S 60,800.00
$ 1.500.00
$ 4,800.00
$ 3,500.00
$ 11,200.00
$ 4.300.00
$ 13.760.00
$ 250000,00
8 250,000.00
8 314.400.00
$ 314.400,00
$ 106,000.00
$ 106,000.00
S 10.00
S 1.500.00
$ 5.00
$ 750.00
$ 3.00
$ 450.00
$ 150.00
$ 15.000,00
$ 59.00
$ 5,900.00
$ 35.00
5 3,500.00
$ 5,500.00
$ 11.000.00
$ 3,040.00
$ 6.080.00
$ 4,900.00
5 9.800.00
$ 19.000.00
$ 19.000.00
$ 5.415,00
$ 5,415.00
$ 12,200.00
$ 12,200.00
$ 6.500,00
$ 6,500.00
$ 5.015.00
$ 5,015.00
$ 6,500.00
$ 6,500.00
$ 1.500.00
$ 3,000.00
$ 2,200.00
$ 4,400.00
$ 2,100.00
$ 4,200.00
$ 6,500.00
$ 13,000.00
$ 5,415.00
$ 10,830.00
$ 5.400,00
$ 10.800,00
$ 50.00
5 2,350.00
5 68.00
$ 3,196.00
$ 60.00
$ 2,820.00
$ 100.00
$ 39,700.00
$ 113.00
$ 44,861.00
$ 105.00
$ 41.685.00
$ 155.00
$ 25,265.00
$ 137.00
$ 22,331.00
$ 133.00
$ 21.679.00
$ 185.00
$ 28,860.00
5 178.00
$ 27.768.00
$ 154.00
$ 24,024.00
$ 200.00
$ 200.00
5 18,000.00
$ 18,000.00
$ 12.300.00
$ 12,300.00
$ 6,500.00
$ 13,000.00
$ 4,300.00
$ 8,600.00
$ 5,400.00
$ 10,800.00
$ 7.500.00
$ 15,000.00
$ 4,700.00
$ 9.400.00
$ 6,500.00
S 13,000.00
$ 1,500.00
$ 1,500.00
$ 2,800.00
$ 2,800.00
S 4,200.00
$ 4,200.00
$ 80.00
$ 8,240.00
$ 107.00
$ 11,021.00
$ 92.00
$ 9,476.00
5 105.00
S 61,950.00
$ 70.00
$ 41,300.00
$ 103.00
$ 60,770.00
$ 5,500.00
$ 5,500.00
5 2,000.00
$ 2,000.00
$ 2,400.00
$ 2,400.00
$ 115.00
$ 11,500.00
$ 152.00
$ 15,200.00
$ 58.00
$ 5,800.00
5 6,500.00
$ 6,500.00
$ 2,000.00
$ 2,000.00
$ 1,900.00
$ 1,900.00
$ 5.500.00
S 5,500.00
$ 3,250.00
$ 3.250,00
$ 5,100.00
$ 5,100.00
$ 1.250.00
$ 2,500.00
5 1,250.00
$ 2,500.00
$ 3,800.00
$ 7.600,00
$ 14.00
$ 29,960.00
$ 11.50
5 24,610.00
$ 14.10
$ 30,174,00
$ 18.00
$ 38,520.00
$ 16.75
$ 35,845.00
$ 16.70
$ 35,738.00
$ 27.00
$ 57,780.00
$ 17.90
$ 38,306.00
$ 17.00
$ 36,380.00
S 1,850.00
$ 7,400.00
$ 400.00
$ 1,600.00
$ 520.00
$ 2,080.00
$ 1,100.00
$ 6,600.00
$ 265.00
$ 1,590.00
5 390.00
$ 2,340.00
$ 28.00
$ 25,088.00
$ 21.00
$ 18,816.00
$ 16.00
$ 14,336.00
$ 28.00
$ 22,372.00
$ 17.00
$ 13,583.00
5 15.00
$ 11,985.00
$ 6.00
$ 10,170.00
$ 3.00
$ 5,085.00
$ 3.80
5 6.441.00
$ 800.00
5 5,600.00
$ 300.00
$ 2,100.00
S 400.00
5 2,800.00
$ 75.00
$ 36,150.00
$ 40.00
$ 19280.00
5 36.03
$ 17352,00
$ 2,500.00
$ 5,000.00
$ 1200.00
$ 2,400.00
$ 1,660.00
$ 3,320.00
8 7.500.00
5 7,500.00
$ 6,500.00
$ 6.500,00
$ 6.400.00
5 6,400.00
$ 1,031,505.00
$ 1,004,807.00
$ 886,551.00
514.00
$ 9,884.00
811.50
$ 8,119.00
$14.10
5 9,954.60
$18.00
$ 12,708.00
416.75
$ 11,825.50
516.70
$ 11,790.20
527.00
$ 19,062.00
817.90
$ 12,637.40
517.00
5 12.002.00
428.00
5 8,708.00
$21.00
$ 6,531.00
826.00
$ 8,086.00
528.00
$ 8,792.00
$17.00
$ 5,338.00
838.00
$ 11,932.00
56.00
$ 3,750.00
53.00
$ 1,875.00
54.00
$ 2,500.00
575.00
$ 12,975.00
540.00
5 6,920.00
547.00
$ 8,131.00
$ 75,879.00
$ 53,245.90
$ 64,395.80
$ 1,107,384.00
$ 1,058,052.90
$ 950,946.80
T2 Construction
Highland Paving
Fred Smith Company
Bnghtwater Dr Extension Phase 2A Itemized Bid Proposal
ATTACHMENT 7
Bid Tab - Cleaning Services
County of Harnett 3 -Year Proposal Pricing Sheet
Monday, May 20, 2019, 2:00 p.m.
Vendor Name
2019-2020
2020-2021
2021-2022
3 Year Total
All Bright Janitorial Service
$ 193,420.00
$ 193,420.00
$ 193,420.00
$ 580,260.00
OMNICO
$ 254,308.00
$ 254,308.00
$ 254,308.00
$ 762,924.00
American Facility Services
$ 357,159.00
$ 357,159.00
$ 357,159.00
$ 1,071,477.00
ATTACHMENT 8
Bid Tab - Elevator Services
County of Harnett 3 -Year Proposal Pricing Sheet
Monday, May 20, 2019, 2:00 p.m.
Vendor Name
2019-2020
2020-2021
2021-2022
3 Year Total
Abell Elevator Int of NC, LLC
n/a
n/a
n/a
$ -
Charter Elevator
$ 12,936.00
$ 12,936.00
$ 12,936.00
$ 38,808.00
thyssenkrupp Elevator
$ 16,868.00
$ 17,208.00
$ 17,554.00
$ 51,630.00
ATTACHMENT 9
Bid Tab - Generator Services
County of Harnett 3 -Year Proposal Pricing Sheet
Monday, May 20, 2019, 2:00 p.m.
Vendor Name
2019-2020
2020-2021
2021-2022
3 Year Totat
Clarke Power Services, Inc.
$ 7,295.00
$ 7,295.00
$ 7,295.00
$ 21,885.00
KB Power Systems, LLC
$ 7,498.00
$ 7,723.00
$ 7,723.00
$ 22,944.00
Powersecure Services, Inc.
$ 7,910.00
$ 7,910.00
$ 7,910.00
$ 23,730.00
Ezzell Electric
$ 8,575.15
$ 8,660.92
$ 8,747.52
$ 25,983.59
ATTACHMENT 10
Bid Tab - HVAC Services
County of Harnett 3 -Year Proposal Pricing Sheet
Thursday, May 24, 2019, 2:00 p.m.
Vendor Name
2019-2020
2020-2021
2021-2022
3 Year Total
Heat Transfer Solutions, Inc.
$ 216,129.00
$ 216,129.00
$ 216,129.00
$ 648,387.00
Johnson Controls, Inc.
$ 228,466.00
$ 237,612.00
$ 247,512.00
$ 713,590.00
ATTACHMENT 11
Bid Tab - Pest & Fire Ant Control Services
County of Harnett 3 -Year Proposal Pricing Sheet
Monday, May 20, 2019, 2:00 p.m.
Vendor Name
2019-2020
2020-2021
2021-2022
3 Year Total
Clegg's
$ 25,045.00
$ 25,814.00
$ 26,603.00
$ 77,462.00
Holloman Exterminators, Inc.
$ 27,480.00
$ 27,480.00
$ 27,480.00
$ 82,440.00
Proactive Pest Solutions
$ 30,160.00
$ 30,160.00
$ 30,160.00
$ 90,480.00
ATTACHMENT 12
NORTH CAROLINA
HARNETT COUNTY
RESOLUTION TO ENTER INTO AN
INCENTIVE AGREEMENT WITH
KRIGEN PHARMACEUTICALS LLC
THAT WHEREAS, the County of Harnett ("County") has made economic development in
Harnett County a major priority in an effort to recruit new industry and businesses to the County, to
replace displaced industry previously located in the County, to retain and/or expand current industry
located in the County, to provide local job opportunities for citizens of the County, and to increase
the County tax base; and
WHEREAS, Krigen Pharmaceuticals LLC ("Krigen") is a North Carolina limited liability
company with its principal office located in Raleigh, North Carolina; that Krigen has decided to
locate a pharmaceutical parenteral manufacturing facility (the "Facility") which will be located at
800 Edwards Brothers Drive, Lillington, NC 27546, with the intent to apply for the County's
economic development incentives. Krigen will enter into a long term lease of an approximate 11.48
acre real property tract upon which is located an approximate 60,846 square feet commercial
building which will be renovated and upfitted by Krigen into its Facility which is projected to
become operational no later than December 2020. In developing this Facility in Harnett County,
Krigen plans to invest $4,613,062 and create approximately 117 full-time jobs; and
WHEREAS, based upon Krigen's location of its pharmaceutical parenteral manufacturing
Facility in Harnett County, the establishment of a direct investment tax base, and the creation of 117
full-time jobs, the County is willing to appropriate certain economic incentives in the form of
monetary grants to Krigen pursuant to the provisions of N.C. General Statutes § 158-7.1 which allows
counties to make appropriations for the purpose of aiding and encouraging the location and/or
expansion of manufacturing enterprises and industrial and commercial facilities in the County; and
WHEREAS, the County and Krigen have negotiated an economic development incentive
package which includes incentives to be paid to Krigen in the form of a grant of a maximum eighty
percent (80%) of County ad valorem taxes paid by Krigen over a 5 year period, and credit payments
by the County of the water and sewer usage fees incurred by Krigen in its Facility operations in a
total maximum amount of $25,000 which said incentive payments or portions thereof are dependent
on Krigen's performance of various incentive conditions including the creation and maintenance of
117 full-time jobs that meet certain wage levels pursuant to a job creation 5 year schedule. That an
instrument entitled "Krigen Pharmaceuticals LLC and Harnett County, North Carolina Incentive
Agreement" which is attached to this Resolution as Exhibit A has been prepared for agreement
between the parties to comply with the provisions of N.C. General Statutes § 158-7.1; that pursuant to
N.C. General Statutes § 158-7.1(c) and a published notice of hearing, a public hearing was held on
June 17, 2014 concerning the terms of the proposed Incentive Agreement; that subsequent to the
close of said public hearing and after deliberations, it is the desire of the Harnett County Board of
Commissioners to approve the appropriation of this Incentive Agreement with Krigen subject to
those terms contained within said Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners that the Incentive Agreement attached hereto as Exhibit A between the County and
Krigen is hereby approved, and that the proper officials of the County are hereby authorized to enter
into the Incentive Agreement with Krigen.
2
This the 17th day of June, 2019.
ATTEST:
fit
:� et Regina heeler, Clerk
COUNTY OF HARNETT
By:
3
Gordon Sprin;le : h.FP an
Harnett County : oard of Commissioners
EXHIBIT A
KRIGEN PHARMACEUTICALS LLC
and
HARNETT COUNTY, NORTH CAROLINA
INCENTIVE AGREEMENT
Dated as of June , 2019.
INCENTIVE AGREEMENT
THIS INCENTIVE AGREEMENT is dated as of June _, 2019 (as supplemented or
amended, the "Agreement"), and is between KRIGEN PHARMACEUTICALS LLC, a North
Carolina Limited Liability Company (the "Company") and HARNETT COUNTY, NORTH
CAROLINA, a public body politic and a political subdivision of the State of North Carolina (the
"County"), with each being referred to as a "Party", and both being referred to cumulatively as
the "Parties".
RECITALS:
The purpose of this Agreement is to describe certain incentives to be provided by the
County to the Company in connection with the Company's location of a manufacturing facility in
the County.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained in this Agreement, the parties hereby agree as follows:
ARTICLE I
DEFINITIONS; RULES OF CONSTRUCTION
1.01. Definitions. For all purposes of this Agreement, unless the context requires
otherwise, the following terms shall have the following meanings:
"Abandonment of Operations" means that for a period in excess of two (2) weeks
the Company's level of Full Time Employees or Direct Investment goes below twenty percent
(20%) of the guaranteed minimum levels of Performance Commitments for Full Time
Employees or projected amounts of Direct Investment.
"Business Day" means any day that is not a Saturday or a Sunday, or a day on
which banks in the State are required by law to be closed.
"Change in Use" means any reduction in or diversion of use of the Facility which
would not provide the guaranteed Performance Commitments of Full Time Employees, as set
forth in Article II which are less than an Abandonment of Operations.
"Closing Date" means the date on which this Agreement is first executed and
delivered by the parties.
"Direct Investments" means the original tax value of all building improvements
and equipment placed by the Company on the ad valorem tax rolls, regardless of the funding
sources for said property.
2
"Facility" means the manufacturing facility intended to be renovated and occupied
by the Company on the site, as more particularly described in Exhibit A.
The number of "Full Time Employees" means the number of employees hired
who will be paid on the basis of forty (40) hours per week or two thousand eighty hours (2080)
per year, who are paid average wages of forty seven thousand four hundred seventy nine dollars
($47,479) per year, or twenty two dollars and eighty three cents ($22.83) per hour, and who are
provided health insurance coverage by the Company with the Company paying at least fifty
percent (50%) of the premiums for such coverage.
"Incentives" means the various incentive payments from all sources referred to in
this Agreement to the Company.
"Performance Commitments" means the levels of Full Time Employees to be
hired by the Company in relation to the Company's operations in the Facility pursuant to Article
II of this Agreement.
"State" means the State of North Carolina.
1.02 Rules of Construction. Unless the context otherwise indicates:
(a) Words importing the singular shall include the plural and vice versa, and
words importing the masculine gender shall include the feminine and neuter genders as well;
(b) All references to Articles, Sections or Exhibits are references to Articles,
Sections and Exhibits of this Agreement;
(c) All references to officers are references to County officers; and
(d) The headings and Table of Contents herein are solely for convenience of
reference and shall not constitute a part of this Agreement nor shall they affect its meanings,
construction or effect.
ARTICLE II
COMPANY'S PERFORMANCE COMMITMENTS
In return for the Incentives set forth herein, which are a competitive necessity for the
Company to choose to locate its Facility in the County, the Company commits to certain
Performance Commitments related to jobs created and incrementally increased taxes in the
County. For the County to provide incentives to support the location of the Facility in the
County there must be a competitive offer from another potential location for this Facility, and but
for the provision of the incentives contemplated by this Agreement, the Company would not
locate its Facility in the County. Previous to the execution of this Agreement, the Company has
3
provided to the County evidence of a competitive alternative location for this Facility, which is
satisfactory in the County's discretion. The Parties acknowledge and agree that the consideration
for the County to enter into this Agreement is the expectation that the Company will meet or
exceed these Performance Commitments.
Specifically, the Company agrees to meet or exceed the following Performance
Commitments:
(a) The Company will create and maintain in the Facility for the term of this
Agreement, jobs for at least one hundred seventeen (117) Full Time Employees,
with this number of jobs being created in the following amounts no later than
December 31 of each of the following years:
2020 13
2021 51
2022 36
2023 10
2024 7
Total Full time Employees 117
(b) The Company agrees that the average wage level of all Full Time Employees in
the Facility shall be no less than twenty two dollars and eighty three cents
($22.83) per hour. Benefits will be provided which will include, but not be
limited to, the Company providing health insurance coverage for its employees,
with the Company paying at least fifty (50%) of the cost for such coverage.
(c) The Company is expected to make and maintain initial Direct Investments in
building renovations or construction and personal property equal to four million
six hundred thirteen thousand and sixty two dollars ($4,613,062), and the taxable
property resulting from these Direct Investments shall remain in the County
subject to ad valorem tax assessments for the full term of this Agreement. Direct
Investments shall not include the current property tax valuations of the land and
building in which the Facility will be located as those valuations are shown on the
property tax records of the County as of the date of the date of this Agreement
which is one million five hundred eleven thousand seven hundred thirty dollars
($1,511,730). It is understood that Direct Investments will be made over a period
of time on a phased basis from the date of this Agreement through December 31,
2024. The Company's failure to make this anticipated level of Direct
Investments, will not constitute a default under this Agreement, but the amounts
4
of annual incentive grants will be affected based on the formula set forth in
Section 3.02 of this Agreement.
Confirmations of the Company's attainment as to Performance Commitments shall be as
follows. The amount of Direct Investment shall be the amount of the tax value for all property
owned by the Company in the County as shown on its Business Real and Personal Property Tax
Listings, for each year that new investments are made. The number of Full Time Employees and
average wage level shall be determined by the data shown on filings of fourth quarter NCUI
Form 101 with the N.C. Employment Security Commission as to unemployment compensation
taxes. The County may in its discretion require other documentation to verify the attainment of
these Performance Commitments.
ARTICLE III
CASH INCENTIVES
3.01 Credits for Water and Sewer Usage Fees. The County will allow credits to
reduce the amount of water and sewer usage fees incurred by the Company in the total amount of
twenty five thousand dollars ($25,000). These credits will be paid by way of the County paying
the Company's water and sewer bills directly to the Town of Lillington, until such time as the
full amount of this credit has been paid. Thereafter, the County shall have no further
responsibility for the payment of any portion of the Company's water and sewer bills submitted
to the Company by the Town of Lillington.
3.02 Economic Development Incentive Grants. The County also commits to pay to
the Company grants in the future pursuant to its Economic Development Incentive Grant
program. These future grants are estimated be in the total cumulative amount of one hundred
eight thousand two hundred nineteen dollars ($108,219), based on current projections by the
Company of Direct Investments and Full Time Employees. But the total cumulative amount
may vary if there is a Change in Use or Abandonment of Operations.
The County shall pay to the Company five annual installments of Incentives. The
amount of each annual installment of Incentives shall be calculated as eighty percent (80%) of
property taxes paid by the Company attributable to its Direct Investments, unless such amount is
reduced by a Change in Use attributable to a short fall in Full Time Employees, as set forth in
Section 3.03 below. The above calculation of annual installments of Incentives is used for
convenience and to assure that the County realizes a positive return on its investment in and
inducement of this project, and does not represent a refund of property taxes paid. The first
annual installment of Incentives shall be paid in 2021 for the Company's attainment of
Performance Commitment as of December 31, 2020 for Full Time Employees and the amount as
of January 1, 2021 for Direct Investments. Future annual installments of Incentives shall be paid
in each of the next four (4) years.
5
For each year when an annual incentive grant is to be paid for the previous year, the Company
will provide to the County no later than March 31 of that year a letter stating how many
employees were on the payroll of the Company and the amount of capital investments made by
the Company in improvements to the Facility and in personal property as December 31 of the
prior year. That letter will have as an attachment the NCUI Form 101 which was filed by the
Company for the fourth quarter of the previous year. Each annual installment of Incentives will
be paid within thirty (30) days after the Company has paid its property taxes for each grant year.
3.03 Reduction in Amounts of Grants. If a Change in Use occurs in any year of the
term of this Agreement during which Incentives are being paid pursuant to Sections 3.01 and
3.02 above whereby the number of Full Time Employees for the prior year (if applicable for that
year) is less than the Performance Commitments, any annual installments of Incentives pursuant
to Section 3.02 or credits against water and sewer usage fees pursuant to Section 3.01 which are
payable in that year shall be reduced. The amount of reduction of annual installments of
Incentives grant and credits against water and sewer usage fees shall be calculated as the same
percentage by which there is a shortfall in Full Time Employees. For example, at the end of
2020, if the Company is ten percent (10%) short in the number of Full Time Employees, then the
amount of the annual installment of the Incentives grant and credits against water and sewer
usage fees for 2021 shall be reduced by ten percent (10%).
3.04 Reimbursement of Previous Incentives. If a Change of Use occurs in any year
of the term of this Agreement whereby the number of Full Time Employees is less than the
Performance Commitments, any prior credits against water and sewer usage fees made pursuant
to Section 3.01 of this Agreement shall be subject to a partial reimbursement of those incentive
payments. The amount of the reimbursement shall be by way of a pro rata amount, which pro
rata amount shall be as computed as twenty percent (20%) of the amounts of those grants
multiplied by the percentage by which the Company has failed to meet the Performance
Requirements for Full Time Employees. For example, if in 2021 the Company is ten percent
(10%) short in the number of Full Time Employees, then the amount of the required
reimbursement shall be computed as twenty percent (20%) of twenty five thousand dollars
($25,000) multiplied by ten percent (10%), or five hundred dollars ($500). Any reimbursements
due to be paid by the Company to the County under the terms of this Section shall be paid no
later than January 31 of the year following that in which the Company failed to meet one or both
of the Performance Commitments. In order to secure the reimbursements which might be
required by this section, the Company agrees for a UCC Financing Security Statement to be filed
on equipment owned by the Company to and for the benefit of the County. This lien will be
released upon the end of the term of this Agreement.
3.05 Abandonment of Operations. If in any year of the term of this Agreement the
Company has an Abandonment of Operations, the Company shall reimburse to the County a
portion of the Incentives paid pursuant to Section 3.01 of this Agreement. The amount of the
reimbursement shall be an amount calculated as twenty percent (20%) per year for the year of the
Abandonment of Operations, and any remaining years of the term of the Agreement, multiplied
by twenty five thousand dollars ($25,000). For example, if the Abandonment of Operations
6
occurs in 2021, then the reimbursement will be in an amount equal to twenty percent (20%)
times four years, or eighty percent (80%) multiplied by twenty five thousand dollars ($25,000),
or twenty thousand dollars ($20,000). Any reimbursement due under the terms of this Section
shall be paid no later than thirty (30) days following written notification by the County that the
Company has been deemed to have an Abandonment of Operations. The County shall have no
further obligation to pay annual installments of Incentives for any year following an
Abandonment of Operations.
3.06 Source of Funds. The Parties agree that the Incentives payments to be made by
the County pursuant to this Article III may be paid from any fund source of the County's
choosing, which is not restricted as to the use of those funds.
ARTICLE IV
CONSTRUCTION OF FACILITY
The Parties agree that construction of renovations to the Facility shall be solely the
Company's responsibility. The Company shall cause the construction to be carried on in
accordance with all applicable State and local laws and regulations. The Company shall insure
(1) that the Facility does not encroach upon nor overhang any easement or right-of-way and (2)
that the Facility, when erected, will be wholly within any applicable building restriction lines,
however established, and will not violate applicable use of other restrictions contained in prior
conveyances or applicable protective covenants or restrictions. The Company shall cause all
utility lines, and streets serving the Facility, which are located within the metes and bounds of
the site on which the Facility is located, to be completed in accordance with health department
standards and other applicable regulations of any governmental agency having jurisdiction.
The Company shall pay all taxes and all charges for utility services furnished to or used
on or in connection with the Facility.
The Company shall bear all risk of loss to and condemnation of the Facility.
The Company shall observe and comply promptly with all current and future orders of all
courts and regulatory bodies having jurisdiction over the Facility or any portion thereof (or be
diligently and in good faith contesting such orders), and all current and future requirements of all
insurance companies writing policies covering the Facility or any portion thereof.
ARTICLE V
INDEMNIFICATION
The Company hereby agrees to indemnify, protect and save the County and its officers,
directors and employees harmless from all liability, obligations, losses, claims, damages, actions,
suits, proceedings, costs and expenses, including reasonable attorneys' fees, arising out of,
7
connected with, or resulting directly or indirectly from the Facility or the transactions
contemplated by or relating to this Agreement, including without limitation, the possession,
condition, construction or use thereof, insofar as such matters relate to events subject to the
control of the Company and not the County. The indemnification arising under this Article shall
survive the Agreement's termination.
ARTICLE VI
TERMINATION OF AGREEMENT
The Company shall have the option of terminating this Agreement upon failure of the
County, to make incentive payments, as provided for in Article III of this Agreement.
The County shall have the option of terminating this Agreement upon an Abandonment
of Operations by the Company, which option shall be executed by giving written notice to the
Company.
In any event, the above terms notwithstanding, this Agreement shall terminate at the end
term of this Agreement, which is defined as the period of time from the date of this Agreement
until the last annual installments of Incentives is paid pursuant to Section 3.02 of this Agreement.
ARTICLE VII
ADJUSTMENTS OF PERFORMANCE TARGETS
The Parties to this Agreement agree that if the Company determines in the future that it
can significantly exceed the Performance Commitments of Direct Investment or of Full Time
Employees, but will need less than the Performance Commitments of the other measure, all
parties will negotiate in good faith to amend the agreed upon Performance Commitments and
formulations for reductions or reimbursements set forth in Article III of this Agreement.
ARTICLE VIII
TEMPORARY REDUCTIONS IN PERFORMANCE COMMITMENTS
Notwithstanding anything herein to the contrary, if the Company shall be prevented or
delayed from fulfilling, or continuing to fulfill, either or both of the Performance Commitments
as set forth in herein, by reason of a:
(a) Government moratorium;
(b) Delay in obtaining any governmental or quasi -governmental
approvals, permits or certificates, despite reasonable efforts by the
Company to obtain same;
8
(c) Enemy or hostile governmental or terrorist action;
(d) Act of God, including but not limited to hurricane, tornado,
snowstorm, windstorm, earthquake or flood, fire or other extreme
weather conditions or other casualty;
(e) Strike, lockout or a labor dispute involving entities other than the
Company which causes the Company an inability to obtain labor or
materials;
(0
(g)
Delay in funding from any state or local government incentive to
or for the benefit of the Company; or;
Any other event, other than normal business exigencies, which is
beyond the reasonable control of the Company.
then the Performance Commitments for the year(s) in which such event occurred shall be
equitably reduced to reflect the effect of such event.
The Parties shall negotiate in good faith to make an equitable reduction in the
Performance Commitments for an affected year(s). However, if the Parties cannot in good faith
reach an agreement as to such adjustment, the Parties agree to submit this issue to binding
arbitration on an expedited basis.
ARTICLE IX
ASSIGNMENTS
No Party shall sell or assign any interest in or obligation under this Agreement without
the prior express written consent of the due Party. Provided, however, that this Agreement may
be assigned by the Company to a wholly owned subsidiary of the Company, without the consent
of the County, provided that the Company will guarantee the performance by the Subsidiary of
the obligations due under this Agreement.
ARTICLE X
LIMITED OBLIGATION OF COUNTY
NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED OR
INTERPRETED AS CREATING A PLEDGE OF THE FAITH AND CREDIT OF THE
COUNTY WITHIN THE MEANING OF ANY CONSTITUTIONAL DEBT
LIMITATION. NO PROVISION OF THIS AGREEMENT SHALL BE CONSTRUED
OR INTERPRETED AS DELEGATING GOVERNMENTAL POWERS NOR AS A
9
DONATION OR A LENDING OF THE CREDIT OF THE COUNTY WITHIN THE
MEANING OF THE STATE CONSTITUTION. THIS AGREEMENT SHALL NOT
DIRECTLY OR INDIRECTLY OR CONTINGENTLY OBLIGATE THE COUNTY TO
MAKE ANY PAYMENTS BEYOND THOSE APPROPRIATED IN THE COUNTY'S
SOLE DISCRETION FOR ANY FISCAL YEAR IN WHICH THIS AGREEMENT
SHALL BE IN EFFECT. NO PROVISION OF THIS AGREEMENT SHALL BE
CONSTRUED TO PLEDGE OR TO CREATE A LIEN ON ANY CLASS OR SOURCE
OF THE COUNTY'S MONEYS, NOR SHALL ANY PROVISION OF THE
AGREEMENT RESTRICT TO ANY EXTENT PROHIBITED BY LAW, ANY ACTION
OR RIGHT OF ACTION ON THE PART OF ANY FUTURE COUNTY GOVERNING
BODY. TO THE EXTENT OF ANY CONFLICT BETWEEN THIS ARTICLE AND ANY
OTHER PROVISION OF THIS AGREEMENT, THIS ARTICLE SHALL TAKE
PRIORITY.
ARTICLE XI
MISCELLANEOUS
11.01 Governing Law. The Parties intend that this Agreement shall be
governed by the law of the State of North Carolina.
11.02 Notices.
(a) Any communication required or permitted by this Agreement must be in
writing except as expressly provided otherwise in this Agreement
(b) Any communication shall be sufficiently given and deemed given when
delivered by hand or five days after being mailed by first-class mail, postage prepaid, and
addressed as follows:
(1)
If to the Company, to:
County Manager
Harnett County Government
420 McKinney Pkwy.
P.O. Box 759
Lillington, NC 27546
(2) If to the County, to:
Dhruvkumar Patel
Krigen Pharmaceuticals, LLC
800 Edwards Brothers Drive
Lillington, NC 27546
10
(c) Any addressee may designate additional or different addresses for
communications by notice given under this Section to the other.
11.03 Non -Business Days. If the date for making any payment or the last day
for performance of any act or the exercising of any right shall not be a Business Day, such
payment shall be made or act performed or right exercised on or before the next preceding
Business Day.
11.04 Severability. If any provision of this Agreement shall be determined to be
unenforceable, that shall not affect any other provision of this Agreement.
11.05. Entire Agreement; Amendments. This Agreement, including Exhibit A,
which is incorporated herein and made a part hereof, constitutes the entire contract between the
parties, and this Agreement shall not be changed except in writing signed by all the parties.
11.06. Binding Effect. Subject to the specific provisions of this Agreement, this
Agreement shall be binding upon and inure to the benefit of and be enforceable by the Parties
and their respective successors and assigns.
11.07.
provisions.
Time. Time is of the essence in this Agreement and each and all of its
11.08. Liability of Officers and Agents. No officer, agent or employee of the
County or the Company shall be subject to any personal liability or accountability by reason of
the execution of this Agreement or any other documents related to the transactions contemplated
hereby. Such officers, agents, or employees shall be deemed to execute such documents in their
official capacities only, and not in their individual capacities. This Section shall not relieve any
such officer, agent or employee from the performance of any official duty provided by law.
11.09. Counterparts. This Agreement may be executed in several counterparts,
including separate counterparts. Each shall be an original, but all of them together constitute the
same instrument.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be
executed in their corporate names by their duly authorized officers, all as of the date first above
written.
11
KRIGEN PHARMACEUTICALS LLC
By:
[SEAL]
Dhruvkumar Patel, Member/CFO
HARNETT COUNTY,
NORTH CAROLINA
By:
ATTEST:
Margaret Regina Wheeler, Clerk
This instrument has been preaudited in the
manner required by The Local Government
Budget and Fiscal Control Act
Kimberly Honeycutt
Finance Officer
Harnett County, North Carolina
12
Gordon Springle, Chairman
Harnett County Board of Commissioners
EXHIBITS:
A - Facility description
13
EXHIBIT A
FACILITY DESCRIPTION
The Facility is a current commercial manufacturing building with paved parking
lot located at 800 Edwards Brothers Drive, Lillington, NC 27546 which stands on
a real property tract composed of 11.48 acres (County Parcel ID No.
10055908020013). The building was initially constructed in 1982 and has
approximately 60,846 square feet of heated space. The property is owned by
Praxan, LLC pursuant to that Deed recorded in Book 3659, Page 847, Harnett
County Registry.
Krigen Pharmaceuticals LLC (Krigen) plans to enter into a long-term lease
agreement with Praxan on the above described real property depicted as Parcel
"B" on that map recorded in Map Book 2018, Page 315 Harnett County Registry.
Krigen intends to conduct extensive renovations within the building interior in
order to establish a state-of-the-art pharmaceutical parenteral manufacturing
Facility. Krigen anticipates a capital investment of approximately $4.6 million
for site renovations and the installation of manufacturing equipment and fixtures.
During the 5 year incentive period, 117 full time jobs with an average annual
wage of $47,479.00 will be created as a result of the operation of this
manufacturing facility.
14