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071519mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting July 15, 2019 The Harnett County Board of Commissioners met in regular session on Monday, July 15, 2019, in the Commissioners Meeting Room, County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Members present: Staff present: Gordon Springle, Chairman Howard Penny, Vice Chairman Mark B. Johnson, Commissioner Barbara McKoy, Commissioner Joe Miller, Commissioner 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. Vice Chairman Penny led the Pledge of Allegiance and invocation. Chairman Springle called for any additions or deletions to the published agenda. Vice Chairman Penny moved to approve the agenda as published. Commissioner McKoy seconded the motion that passed 4-0. District Court Judge O. Henry Willis administered the Oath of County Commissioner to Mark B. Johnson as the new commissioner selected to represent District 2 of Harnett County. Commissioner Miller moved to approve items on the consent agenda. Vice Chairman Penny seconded the motion, which passed unanimously. 1. Minutes: June 17, 2019 Regular Meeting June 11, 2019 Work Session May 29, 2019 Special Session May 20, 2019 Regular Meeting 2. Budget Amendments 71 Capital Reserve Communication Fund Code 5144591 544050 Software Maint. & Support 5143900 390990 Fund Balance Appropriated 441,603 increase 441,603 increase July 15, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 8 134 Emergency Response Planning Code 2104410 502010 Salaries & Wages 22.637 decrease 2104410 503030 401K — General 443 decrease 2104410 505010 FICA 1,694 decrease 2104410 505050 State Retirement 1,729 decrease 2104410 506010 Medical Insurance 4.615 decrease 2104410 506020 Dental Insurance 173 decrease 2104410 506040 Life Insurance 16 decrease 2104410 507010 Unemployment Insurance 222 decrease 2104410 507030 Workers Compensation 346 decrease 2104410 507050 Employee Clinic 150 decrease 2104410 521010 Janitorial Supplies 250 decrease 2104410 521030 Uniforms 1,000 decrease 2104410 522010 Food & Provisions 500 decrease 2104410 523010 Books, Media, Publications 500 decrease 2104410 523030 Public Safety Supplies 644 decrease 2104410 524010 M&R Supplies — Buildings 500 decrease 2104410 524020 M&R Supplies — Equipment 1,000 decrease 2104410 525090 Vehicles Supplies — Other 500 decrease 2104410 526010 Office Supplies 4,000 decrease 2104410 531020 Training Meals 1,760 decrease 2104410 531030 Training Lodging 2,850 decrease 2104410 532010 Training Registration 1,900 decrease 2104410 532010 Telephone Service 1,500 decrease 2104410 533040 Cable/Satellite 2,725 decrease 2104410 534010 Printing 100 decrease 2104410 535010 R&M Buildings 500 decrease 2104410 535020 R&M Equipment 500 decrease 2104410 535030 R&M Vehicles 500 decrease 2104410 535090 R&M Communication Equipment 500 decrease 2104410 543040 Rental — Computers 2,226 decrease 2104410 544050 Software Maint. & Support 16,850 decrease 2104410 548000 Dues & Subscriptions 2,170 decrease 2103800 380840 Contributions & Donations 75,000 decrease 758 Airport Capital Reserve Code 5204650 598400 Interfund Trans — Capital Project 5203900 390990 Fund Balance Appropriated 924 Aircraft Apron & Helipad Design Code 4204650 519040 HRJ Aircraft Apron Engineering 4204650 330210 HRJAE Federal Funding 4203900 390985 Capital Reserve 27,770 increase 27,770 increase 15,440 increase 13,896 increase 1,544 increase July 15, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 8 925 Airport Capital Projects Code 5204650 598400 Interfund Trans — Capital Project 5203900 390990 Fund Balance Appropriated 3. Tax rebates, refunds and releases 1,544 increase 1,544 increase 4. Harnett Regional Water requested approval of a Resolution Adopting the 2018 Local Water Supply Plan for the Harnett Regional Water System. The State requires that public water systems adopt a plan every 5 years. (Attachment 1) 5. Harnett County Emergency Services requested approval of the Applicant Disaster Assistance Agreement which is a Memorandum of Agreement between Harnett County and the North Carolina Department of Public Safety, Division of Emergency Management based on federal guidelines for reimbursement. The documents are required to provide the States 25% assistance (reimbursement) for the public assistance program for Harnett County from the aftermath of Hurricane Florence. Federal assistance also provides 75% for the program. 6. Harnett County Economic Development requested approval of the One North Carolina Local Government Grant Agreement and Company Performance Agreement with County of Harnett/Krigen Pharmaceuticals, LLC for $200,000. Harnett County must match the funds awarded by 50% of the amount granted ($100,000). The incentives offered by Harnett County and the Town of Lillington will cover the required match. 7. Harnett County General Services requested approval to reimburse tipping fees to Southeastern Construction in the amount of $3,866 for construction demolition materials from the Shawtown School Building Renovation. 8. Harnett County Sheriff's Office requested approval to accept two DSR Dash mounted radar units, approximate value of $400 each, awarded based upon the N.C. Governor's Highway Traffic Safety Grant points system. 9. Harnett County Sheriff's Office requested approval to accept canine equipment, valued at approximately $500, donated by the Never Forget 9-11 Foundation. 10. Sheriff Coats requested Deputy Michael Klingman be allowed to purchase K-9 Dixie for $1.00. Deputy Klingman transferred from the K-9 unit to the Investigations Division on July 1, 2019. It is the opinion of the handler and the training officer that K-9 Dixie cannot successfully be trained to another handler. 11. Harnett County Emergency Services requested approval for Crains Creek Volunteer Fire Department to start a Medical First Responders Service in Harnett County beginning August 1, 2019. July 15, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 8 12. Harnett County Emergency Services requested approval for Benhaven Emergency Services to start a Medical First Responders Service in Harnett County beginning August 1, 2019. 13. Harnett County JCPC requested approval to submit Program Agreements to the NC Department of Public Safety JCPC for $224,037 in funding, $41,322 local match required, for the following programs: Harnett County Restitution Program 4-H Teen Court and At Risk Youth Development Re -Entry Healthy Choices School Kids In Power (SKIP)- Dunn Police Athletic League 14. Harnett Regional Water requested award of bid to Univar USA Inc., C & S Chemicals Inc., Oltrin Solutions Inc., Evoqua Water Tech., Brenntag Mid -South Inc., Southern States Chemical, Chemrite Inc., Donau Carbon US LLC, Amerochem Corporation, Cape Fear Water Solutions, Polytec Inc., and Water Guard Inc. for chemical supply contracts for the Harnett County Regional Water and Wastewater Treatment Plants for FY 2019/2020. (Attachment 2) 15. Public Disclosure: Resolution by the Harnett County Board of Commissioners in Support of Application for NC Department of Commerce Project Ace (Krigen) approved April 29, 2019. (Attachment 3) 16. Public Disclosure: Resolution approved by the Harnett County Board of Commissioners on June 3, 2019 directing staff to schedule a public hearing to be conducted concerning a proposal to extend economic incentives to Krigen for its proposed location and operation of a pharmaceutical parenteral manufacturing facility in Harnett County. (Attachment 4) 17. Harnett County Development Services requested approval of the Town of Angier Building Inspection Services Agreement Contract Renewal for $38,000 per year for two years. 18. County Attorney requested approval of the North Carolina Special Warranty Deed conveying, with conditional restrictions, County owned real property (1.14 -acre tract) to Erwin Memorial Park, Incorporated, a North Carolina nonprofit corporation. 19. County Attorney requested approval of the North Carolina Special Warranty Deed, in conjunction with the City of Dunn Council, conveying real property to the Trustees of Harnett Chapel Freewill Baptist Church. 20. Harnett County Administration and Solid Waste requested a waiver of tipping fees associated with Shawtown Community Cleanup scheduled July 19 — 21, 2019. July 15, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 8 21. Administration requested approval of the Application for Public School Building Capital Fund, North Carolina Education Lottery for Debt Services for $3,952,051 for schools and gym construction at Overhills Elementary, Coats Elementary gym, Overhills High School and Lillington/Shawtown Elementary. The Board of Education approved the application on June 27, 2019. 22. Harnett County Division on Aging requested approval to accept $722,464 in funding provided through the Mid -Carolina Area Agency on Aging 2019-2020 Home Care and Community Block Grant and Agreement for the Provision of County -Based Aging Services. 23. Harnett County Public Library requested approval of the NC Cardinal Memorandum of Agreement to continue the County's membership in the NC Cardinal consortium. This collaboration with the North Carolina State Library and other member libraries leverages federal and local funds to achieve operational efficiencies and savings for the library while providing a more effective use of public resources. 24. Harnett County Emergency Services requested approval of Emergency Medical Services Agreements with the following: Anderson Creek Emergency Services Coats -Grove Fire and Rescue Boone Trail Emergency Services Benhaven Emergency Services Buies Creek Rural Fire Department Dunn Emergency Services Erwin Fire Department and Rescue Squad 25. Harnett County Emergency Services requested approval of Fire Protection Services Agreements with the following: In -County Departments: Anderson Creek Emergency Services Benhaven Emergency Services Angier & Black River Fire Department Boone Trail Emergency Services Flat Branch Volunteer Fire Department Coats -Grove Fire & Rescue Erwin Fire Department and Rescue Squad Spout Springs Emergency Services Flatwoods/Lillington Fire Department Dunn Emergency Services Northwest Harnett Volunteer Fire Dept. Buies Creek Rural Fire Department Summerville Bunnlevel Fire & Rescue Out -of -County Departments Benson Fire Department Cypress Pointe Fire and Rescue Crains Creek Volunteer Fire Department Godwin -Falcon Fire Department West Johnson Fire Department Westarea Volunteer Fire Department 26. Administration requested approval of the Resolution of the Board of Commissioners of the County of Harnett, North Carolina, Authorizing the Execution and Delivery of a County Installment Financing Obligation and Providing for Certain Other Related Matters Thereto regarding the financing, acquisition, construction and equipping of a new Government Services Complex. (Attachment 5) July 15, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 8 27. IT (GIS/E-911) requested approval of the System Purchase Agreement, Software Support Agreement, IQ Subscription Service License and Use Agreement to upgrade our current TriTech Computer Aided Dispatch and Mobile Software to TriTech's new software platform called Inform CAD and Inform Mobile. This project will cost $497,588 and will take approximately 18-24 months to complete. 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: Jerry Rivas of 364 Twin Ponds Road Steve Foley representing the new Bragg Mutual Federal Credit Union in the Spout Springs area Board of Education member Don Godfrey from the Barbeque Township area Allie Bryant of 556 Shawtown Road in Lillington Sheriff Wayne Coats Mary Murchison Ross who owns property in the Shawtown area Commissioner Miller moved to approve the appointment listed below. Vice Chairman Penny seconded the motion that passed unanimously. Social Services Board Melissa Martin was appointed to serve on this board for a term of three years from July 1, 2019 — June 30, 2022. The NC DHHS Social Services Commission approved this appointment in June 2019. Ryan Helton, Harnett County's 4-H Youth Voice Delegate, addressed the Board. Mr. Helton will represent Harnett County 4-H Youth at the upcoming NCACC Annual Conference. Kenneth Withrow with CAMPO and Roger Henderson with Ramey Kemp & Associates provided an update on the on-going Southwest Area Transportation Plan (SWAS). The plan includes Wake County, Harnett County, Apex, Angier, Holly Springs, Fuquay-Varina, NCDOT and others. This study is evaluating the transportation network, including planned and existing roads, transit services, and bicycle/pedestrian facilities. The Southwest Area Transportation Plan will result in project recommendations, concept designs, school accessibility studies, and best practice recommendations to help integrate growth and transportation needs in the area. Mark Locklear, Director of Harnett County Development Services, petitioned the Board for a public hearing on the proposed text amendment: Case # PLAN 1906-0002, Harnett County Unified Development Ordinance Text Amendment: Article IV: Zoning & Overlay Districts, Section 14.3.5 Compatibility Design Concept Table Article V: Use Regulations, Section 11.8.3 Planned Unit Development, Design Guidelines Article V: Use Regulations, Section 11.8.1 Planned Unit Development, Superior Design Criteria July 15, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 8 Article VII: Development Design Guidelines, Section 6.4.1 Fire Protection, General Fire Hydrant Requirements Article VII: Development Design Guidelines, Section 6.4.4 Fire Protection, Residential Sprinklers - Article XIV: Definitions and Certifications, Section 2.0 General Definitions & Acronyms Mr. Locklear noted that due to some recent legal findings, and therefore upon guidance from Harnett County Legal Services, Development Services requests to remove the requirement option of residential sprinklers if fire protection cannot be met via adequate water pressure within a water line. Mr. Locklear briefly highlighted the proposed changes. He reported that on June 24, 2019 the Harnett County Planning Board voted 4-0-1, with one member abstaining, to recommend approval of this of the Text Amendment application based on legal recommendations, as well as understanding the need to adjust minimum lot sizes throughout the County to promote smart growth and proper land use techniques. 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 Resolution Amending the Harnett County Unified Development Ordinance adopting the text amendment as presented, as this is compatible with Harnett County Comprehensive Growth Plan as well as the more recent Northwest Area Plan. Vice Chairman Penny seconded the motion that passed unanimously. (Attachment 6) Harnett County General Services Director Barry Blevins provided an update on the Harnett Regional Jetport Committee. Mr. Blevins noted that Danny Honeycutt is the new vice chairman for the committee. Vice Chairman Penny moved to approve the Harnett Regional Jetport Committees' selection of Option 1 build elevation for the new terminal. Commissioner Miller seconded the motion that passed unanimously. Vice Chairman Penny nominated Gordon Springle to serve as Harnett County's Voting Delegate to NCACC's 112th Annual Conference in Greensboro August 22-24, 2019. Commissioner McKoy seconded the motion that passed unanimously. Mrs. Stewart presented the following reports: - Sworn report by the Tax Administrator for the County of Harnett showing a list of unpaid taxes, as of June 30, 2018, constituting liens on real property and a list of unpaid taxes on personal property not constituting liens on real property and make settlement for the 2018 taxes. - Harnett County Veteran Services Activities Report — June 2019 Harnett County Public Health Activities Summary — June 2019 Interdepartmental Budget Amendments Staff sought clarification regarding future lease payments for tenants at the renovated Shawtown campus in order to meet the public notice requirements. Mr. Haney said staff understands an annual rent of $1 for tenants for the first fiscal year followed by annual rent of the average cost of utilities for future years. Staff asked if the lease payment of the average cost of utilities would July 15, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 7 of 8 apply to all tenants or only the Boys and Girls Club and ReEntry. It was the consensus of the Board to charge all tenants after the first fiscal year. Commissioner McKoy said she believes the tenants who have been out there for years should be "grandfathered in" because they have never been charged anything. Discussions continued. The Board requested an initial one-year lease for all tenants until the average cost of utilities and the amount to charge tenants the second year could be determined. Upon request, commissioners approved by consensus to allow staff to move forward with the longer lease for the Boys and Girls Club. Commissioners will consider approval of the initial lease agreements during their August 19, 2019 regular meeting. There was no new business. Commissioner Miller moved that the Board go into closed session for the following purposes: 1) To discuss certain personnel matters; and 2) To instruct the County staff concerning the position to be taken by the County in negotiating a contract for the acquisition of real property; and 3) Consultation with the County's legal staff in order to preserve the attorney-client privilege concerning the handling of certain claims This motion is made pursuant to N.C. General Statute Section 143-318.11 (a)(6)(5)&(3). Vice Chairman Penny seconded the motion that passed unanimously. Vice Chairman Penny moved that the Board come out of closed session. Commissioner McKoy seconded the motion that passed unanimously. Vice Chairman Penny moved to adjourn the meeting at 7:59 pm. Commissioner McKoy seco rived the motiont at passed unanimo rdon Sprin Regina J' eeler, Clerk July 15, 2019 Regular Meeting Minutes Harnett County Board of Commissioners Page 8 of 8 ATTACHMENT 1 RESOLUTION FOR APPROVING LOCAL WATER SUPPLY PLAN WHEREAS, North Carolina General Statute 143-355 (I) requires that each unit of local government that provides public water service or that plans to provide public water service and each large community water system shall, either individually or together with other units of local government and large community water systems, prepare and submit a Local Water Supply Plan; and WHEREAS, as required by the statute and in the interests of sound local planning, a Local Water Supply Plan for Harnett Regional Water, has been developed and submitted to the Harnett County Board of Commissioners for approval; and WHEREAS, the Harnett County Board of Commissioner finds that the Local Water Supply Plan is in accordance with the provisions of North Carolina General Statute 143-355 (I) and that it will provide appropriate guidance for the future management of water supplies for Harnett Regional Water, as well as useful information to the Department of Environmental Quality for the development of a state water supply plan as required by statute; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Harnett County that the Local Water Supply Plan entitled, Harnett Regional Water System dated 2018, is hereby approved and shall be submitted to the Department of Environmental Quality, Division of Water Resources; and BE IT FURTHER RESOLVED that the Harnett County Board of Commissioners intends that this plan shall be revised to reflect changes in relevant data and projections at least once every five years or as otherwise requested by the Department, in accordance with the statute and sound planning practice. This the 154 day of LAI t/ , 2019. ATTEST: Signature:. Title: c_JAA'OP 14A0. Ll Name: 6-oirCtipiry SpC`t ,r, e. V Item # 14 Hydrochloric Acid 15% LTL Item # 14 Hydrochloric Acid 15% TTL Item # 13 Captor Item #12 Lime Slurry LTL Item #12 Lime Slurry TTL Item #11 Calcium Nitrate Tetra. LTL Item #10 Aqua Mag TTL Item #9. Powder Activated Carbon TTL Item #8. Copper Sulfate Item #7. Aqueous Ammonia TTL Item #6. 93% Sulfuric Acid TTL Item #5b. Caustic Soda 25% LTL Item #5a.Caustic Soda 50% LTL Item #5a. Caustic Soda 50% TTL Item #4. Sodium Chlorite TTL Item #3b. Sodium Hypo 12% Trade TTL Item #3a. Sodium Hypo 15% Trade TTL Item #2. Aluminum Sulfate TTL Item #1. Fluorosilicic Acid TTL 0.32 0 i.0 N 0 U'i V 0 • to Ol 2.45 0 N tO iD V N(1-1; i -'N N N 487.00 0.672 0.6308 0.7473 NJ Qi to W Lu W U, W v, 0 0 0 o 0 0.536 0 U, rn Ln 0 b V V to 0.071 4.92 0 b to U..1 0.053 0 Co N )--, Ul 0 L .A U -I stag oUth, Inc. crochen) Corporation Itrin Solutions LLC 1osajc Gloha / , LLC erG4ard Incorporated Po/ytec Inc Chernite, Inc TSM nterprises Group LLC Z 1N thIHDV11V Item # 14 Hydrochloric Acid 15% LTL Item # 14 Hydrochloric Acid 15% TTL Item # 13 Captor Item #12 Lime Slurry LTL Item #12 Lime Slurry TTL Item #11 Calcium Nitrate Tetra. LTL Item #10 Aqua Mag TTL Item #9. Powder Activated Carbon TTL Item #8. Copper Sulfate Item #7. Aqueous Ammonia TTL Item #6. 93% Sulfuric Acid TTL Item #5b. Caustic Soda 25% LTL (Item #5a.Caustic Soda 50% LTL Item #5a. Caustic Soda 50% TTL Item #4. Sodium Chlorite TTL Item #3b. Sodium Hypo 12% Trade TTL Item #3a. Sodium Hypo 15% Trade TTL Item #2. Aluminum Sulfate TTL Item #1. Fluorosilicic Acid TTL b 564.00 0 In 00 0 0 U, o b LnN N N b lD 3.41 0 Li, A Qi LD 0 U, V 0 0 00 NJ 0.4710 0 V abot Nor/tA JCI ricas Inc. nes C henlicals Cape Fear Water tiions ""9ua water Technologies, echnolog`es �I_C Shannon Chemical C orporation Southern ct,. es Che annex Industries, Inc GEO cialtY Chemical. Item # 14 Hydrochloric Acid 15% LTL Item # 14 Hydrochloric Acid 15% TTL Item # 13 Captor Item #12 Lime Slurry LTL Item #12 Lime Slurry TTL Item #11 Calcium Nitrate Tetra. LTL Item #10 Aqua Mag TTL Item #9. Powder Activated Carbon TTL Item #8. Copper Sulfate Item #7. Aqueous Ammonia TTL Item #6. 93% Sulfuric Acid TTL Item #5b. Caustic Soda 25% LTL Item #5a.Caustic Soda 50% LTL Item #5a. Caustic Soda 50% TTL Item #4. Sodium Chlorite TTL Item #3b. Sodium Hypo 12% Trade TTL Item #3a. Sodium Hypo 15% Trade TTL Item #2. Aluminum Sulfate TTL Item #1. Fluorosilicic Acid TTL 0.7385 N tD d O N U, co Lri 0.1025 w b 0.47 476.00 358.00 0.79 Donau Carbon US C CC Che trade heicals 'var S o4Jti ATTACHMENT 3 Harnett COUNTY NORTH CAROLINA RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS IN SUPPORT OF Application for NC Department of Commerce Project Ace WHEREAS, Harnett County Board of Commissioners had indicated its desire to assist in economic development efforts for business and industry within Harnett County; and, WHEREAS, the Board fully supports the proposed project by Krigen Pharmaceuticals, LLC which will result in the renovation of a local facility located at 800 Edwards Brothers Drive, Lillington, NC 27546 and will create a minimum of 117 new jobs for Harnett County; and, WHEREAS, the Board wished to pursue a formal application for Building Reuse funds in the amount of $500,000 from the North Carolina Department of Commerce; and, WHEREAS, the Board certifies it will provide the match required of $25,000 and will meet all other requirements of the North Carolina Department of Commerce, www.harnett.org NOW, THEREFORE BE IT RESOVED, by the Harnett County Board of Commissioners, that Harnett County is authorized to submit a formal application to the North Carolina Department of Commerce in order to provide assistance to benefit Krigen Pharmaceuticals, LLC. That this Resolution shall take effect immediately upon its adoption. Adopted this the 29`h day of April, 2019. ATTEST: gma eeler, Clerk strong roots • new growth Gordon Sprin Harnett Coun oard of Commissioners ATTACHMENT 4 NORTH CAROLINA RESOLUTION HARNETT COUNTY THAT WHEREAS, Krigen Pharmaceuticals LLC, a North Carolina Limited Liability Company (Krigen) has announced its intent to establish and operate a pharmaceutical parenteral manufacturing facility to be located at 800 Edwards Brothers Drive in the Town of Lillington, Harnett County, NC; and WHEREAS, Krigen has requested that Harnett County provide certain economic development incentives to Krigen which will assist said company in establishing its pharmaceutical parenteral manufacturing facility in Harnett County which will provide a greater tax base, create jobs and increase economic activity for the benefit of the County's citizens; and WHEREAS, pursuant to the provisions of the Local Development Act, N.C. General Statutes §158-7.1, prior to awarding economic development incentives, the Harnett County Board of Commissioners shall hold a public hearing in order to obtain public comment concerning the proposed appropriation of any economic incentives to an applicant business/industry; it is the desire of the Board of Commissioners through this Resolution to direct the scheduling of said public hearing. NOW THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that the Harnett County Staff is hereby directed to schedule a public hearing to be conducted at the regular meeting of the Board on Monday, June 17, 2019, at 6:00 PM concerning a proposal to extend economic incentives to Krigen for its proposed location and operation of a pharmaceutical parenteral manufacturing facility in Harnett County. BE IT FURTHER RESOLVED that proper notice of this public hearing be forwarded to all proper parties and published pursuant to N.C. General Statutes §158-7.1. This the 3rd day of June, 2019. COUNTY DF HARNETT By: on Springlism--ezip airmHarnett County Board ofmmissioners ATTACHMENT 5 EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS A regular meeting of the Board of Commissioners (the "Board') of the County of Harnett, North Carolina (the "County") was held on Monday, July 15, 2019, at 6:00 p.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 420 McKinney Parkway, Lillington, North Carolina, Gordon Springle, Chairman of the Board presiding and the following Commissioners present: Howard Penny, Vice Chairman Mark B. Johnson, Commissioner Barbara McKoy, Commissioner Joe Miller, Commissioner Commissioners absent: N/A Also present: Paula Stewart, County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk * * * * Commissioner Miller moved that the following resolution (the "Resolution"), a copy of which was available with the Board and which was read by title: RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE EXECUTION AND DELIVERY OF A COUNTY INSTALLMENT FINANCING OBLIGATION 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 financing contracts in order to fmance and refinance the purchase of real and personal property used, or to be used, for public purposes and (3) grant a security interest in some or all of the property purchased to secure repayment of the purchase price; WHEREAS, the Board of Commissioners of the County (the "Board") hereby determines that it is in the best interests of the County to finance the acquisition, construction and equipping of a new Government Services Complex (the "Project"); WHEREAS, in order to accomplish the Project, the County proposes to execute and deliver an installment financing contract (the "Contract") in an amount not to exceed $25,000,000 to finance the Project and enter into a deed of trust, security agreement and fixture filing (the "Deed of Trust") related to the County's fee simple interest in the real property on which the Project is located and all improvements thereon; WHEREAS, the Board hereby determines that the acquisition of the Project is essential to the County's proper, efficient, and economic operation and to the general health and welfare of its inhabitants and will provide an essential use and permit the County to carry out public functions that it is authorized by law to perform; WHEREAS, the Board hereby determines that entering into the Contract is necessary and expedient for the County by virtue of the findings presented herein; WHEREAS, the County hereby determines that the Contract will allow the County to finance the Project at a favorable interest rate currently available in the financial marketplace and on terms advantageous to the County; WHEREAS, the County hereby determines that the estimated cost of financing the Project exceeds the amount that can be prudently raised from currently available appropriations, unappropriated fund balances and non -voted bonds that could be issued by the County in the current fiscal year pursuant to Article V, Section 4 of the Constitution of the State; WHEREAS, although the cost of financing the Project pursuant to the Contract is expected to exceed the cost of financing the Project pursuant to a bond financing for the same undertaking, the County hereby determines that the cost of financing the Project pursuant to the Contract and the obligations of the County thereunder are preferable to a general obligation bond financing or revenue bond financing for several reasons, including but not limited to the following: (1) the cost of a special election necessary to approve a general obligation bond financing, as required by the laws of the State, would result in the expenditure of significant funds; (2) the time required for a general obligation bond election would cause an unnecessary delay which would thereby decrease the financial benefits of financing the Project; and (3) insufficient revenues are produced by the Project so as to permit a revenue bond financing; WHEREAS, the County has determined and hereby determines that the estimated cost of financing the Project pursuant to the Contract reasonably compares with an estimate of similar costs under a bond financing for the same undertaking as a result of the findings delineated in the above preambles; WHEREAS, the County does not anticipate a future property tax increase to pay Installment Payments falling due under the Contract; WHEREAS, the sums to fall due under the Contract will be adequate but not excessive for its proposed purpose; WHEREAS, Parker Poe Adams & Bernstein LLP, as special counsel, will render an opinion to the effect that entering into the Contract and the transactions contemplated thereby are authorized by law; 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; PPAB 5012536v1 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 "Commission"), external auditors or any other regulatory agencies in connection with such debt management and contract obligation payment policies; WHEREAS, the County must obtain the Commission's approval to enter into the Contract; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS: Section 1. Authorization to Negotiate the Contract. The County Manager, the Finance Officer and their designees, with advice from the County Attorney and Special Counsel, are hereby authorized and directed to negotiate on behalf of the County for the financing of the Project a Contract in a principal amount not to exceed $25,000,000, to be entered into in accordance with the provisions of Section 160A-20 of the General Statutes of North Carolina. All actions of the County, the County Manager, the Finance Officer, the Clerk to the Board, the County Attorney and their respective designees, whether previously or hereinafter taken, in effectuating the proposed financing in a manner consistent with this Resolution are hereby approved, ratified and authorized. Section 2. Application to the Commission. The Finance Officer or her designee is hereby directed to file with the Commission an application for its approval of the Contract and all relevant transactions contemplated thereby on a form prescribed by the Commission 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 Commission. Section 3. Public Hearing. A public hearing (the "Public Hearing") shall be conducted by the Board of Commissioners on August 19, 2019 at 6:00 p.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 420 McKinney Parkway, Lillington, North Carolina, concerning the financing of the Project and the execution and delivery of the Contract and the Deed of Trust. Section 4. Notice of Public Hearing. The Clerk to the Board is hereby directed to cause a notice of the Public Hearing in the form attached hereto as Exhibit A to be published once in a qualified newspaper of general circulation within the County no fewer than 10 days prior to the Public Hearing. Section 5. Financing Team. The County Manager and the Finance Officer, with advice from the County Attorney, are hereby authorized and directed to retain the assistance of Parker Poe Adams & Bernstein LLP, as special counsel, and Davenport & Company LLC, as financial advisor. Section 6. Repealer. All motions, orders, resolutions and parts thereof in conflict herewith are hereby repealed. Section 7. Effective Date. This Resolution is effective on the date of its adoption. On motion of Commissioner Miller, and seconded by Vice Chairman Penny, the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE EXECUTION AND DELIVERY OF A COUNTY INSTALLMENT FINANCING OBLIGATION AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" was duly adopted by the following vote: AYES: 5 NAYS: 0 PPAB 5012536v1 STATE OF NORTH CAROLINA SS: COUNTY OF HARNETT I, MARGARET REGINA WHEELER, Clerk to the Board of Commissioners of the County of Harnett, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE EXECUTION AND DELIVERY OF A COUNTY INSTALLMENT FINANCING OBLIGATION AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" adopted by the Board of Commissioners of the County of Harnett, North Carolina, at a meeting held on the 15th day of July, 2019. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 15th day of July, 2019. PPAB 5012536v1 . A 1_ • • • • ' T REGIA WHEELER Clerk o the Bo. Cou of Harnett, North Carolina EXHIBIT A NOTICE OF PUBLIC HEARING The Board of Commissioners (the "Board") of the County of Harnett, North Carolina (the "County") is considering (1) entering into an installment financing contract in an amount not to exceed $25,000,000 (the "Contract") to finance the acquisition, construction and equipping of a new Government Services Complex (the "Project") and (2) executing and delivering a deed of trust, security agreement and fixture filing (the "Deed of Trust") related to the County's fee simple interest in the Project, together with the improvements thereon (collectively, the "Mortgaged Property"), as may be required by the entity providing the funds to the County under the Contract. The Project will be located at 455 McKinney Parkway, Lillington, North Carolina. The Contract and the Deed of Trust permit the County to enter into amendments to finance additional projects using the Mortgaged Property as collateral and to refinance projects, and the County may or may not grant additional collateral in connection with such amendments. On the County's payment of all installment payments due under the Contract, the Deed of Trust and any lien created thereunder would terminate and the County's title to The Mortgaged Property would be unencumbered. NOTICE IS HEREBY GIVEN, pursuant to Sections 160A-20 of the General Statutes of North Carolina, that on August 19, 2019 at 6:00 p.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 420 McKinney Parkway, Lillington, North Carolina, a public hearing will be conducted concerning the approval of the execution, delivery and performance of the Contract and the Deed of Trust and the Project to be financed thereby. All interested parties are invited to present comments at the public hearing regarding the execution, delivery and performance of the Contract and the Deed of Trust and the Project to be financed thereby. /s/ Margaret Regina Wheeler Clerk to the Board of Commissioners County of Harnett, North Carolina Published: July 31, 2019 PPAB 5012536v1 ATTACHMENT 6 Harnett COUNTY NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE www.harnett.org WHEREAS, the Board of Commissioners of Harnett County adopted the UDO on October 17, 2011 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A-340; and WHEREAS, the UDO contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to the article of the UDO as listed below and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Harnett County Unified Development Ordinance Article IV: Zoning & Overlay Districts, Section 14.3.5 Compatibility Design Concept Table; Article V: Use Regulations, Section 11.8.3 Planned Unit Development, Design Guidelines; Article V: Use Regulations, Section 11.8.1 Planned Unit Development, Superior Design Criteria; Article VII: Development Design Guidelines, Section 6.4.1 Fire Protection, General Fire Hydrant Requirements; Article VII: Development Design Guidelines, Section 6.4.4 Fire Protection, Residential Sprinklers; Article XIV: Definitions and Certifications, Section 2.0 General Definitions & Acronyms, of the UDO shall be amended to read as indicated in "Attachment". "Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board's Office. Duly adopted this 15th day of July, 2019 and effective upon adoption. ATTEST: H COUNTY BO Gor s on Springle, et Reg Wheeler, Clerk to the Board strong roots d new growth F COMMISSIONERS Article IV. Zoning & Overlay Districts 14.3.5 Compatibility Design Regulations RA -40 Zoning I I USE CLASS: LD, MDR, RC, CMU, F E.-. EMU, ARR, ESA, P PA c7i p..., 0 o .. d .. .., 2 1.4 08 gA cn 4.44 5 M 240,000 a — -------------- 235,000 228,000 sq. ft. minimum lots sq. ft. minimum lots --- 150' Tgirl—g;"--T- 1 ' i 35' t ---33"--'---E7--- 11 25' 1 ' 10' -ii-f-a+--2-F"- 101 1 20' i 20' 0% j - 1 - 1 i 1 - I I1 I I - 1: 1 - 1 1 1 - - - 0% 1610-1-7 sq. ft. minimum lots tAND USE CLASS: MDR, RC, CMU, EMU ?21,000 sq. ft. minimum lots 100' 35' 25' 20' PA 10' i I t -4----- ' 1 10' 1 1 t 20' 20% 1 1 1 : 1 1 - I - '17,500 RA -30 sq. ft. minimum lots Zoning 1 I USE CT-AqS: LD, MDR, RC, CMU, 80' EMU, ARR, 35' ESA, 10' 30% i / 1 1 I I 2 I 29' i V 230,000 2.25,000 .......______________ ?.20,000 sq. ft. minimum lots sq. ft. minimum lots sq. ft. minimum lots _........_...r...___. 100' 1 35' 1 100' 1 35' ---t 80' 1 iS' : 25' 1 10' 20' 0% - - 0% 1 ---7:----17-7:7-1.- I 16.;;;--1-i i I i - i i I - 1 1 .• - • ----7----1----_-- I - - . - 25'-4 -icr 10'7- 10' 20' i --io' rAND USE CLASS: MDR, RC, CMU, EMU 2,15,000 212,500 RA-20R(M) sq. ft. minimum lots sq. ft. minimum lots Zoning CMU, 80' 1 30' 20' : 4— 70' i 25' 1 20' i t EMU, ARR, ESA, PA 1 10' 1 • 4. 1 10' i 20' 20' 20%1 1 1 1 1 , - i 30% 1, 1 i , 1 1 2 1 - 1 - 29' 1 1 : I USE CLASS: LD, MDR, RC, >20,000 215,000 2.12,000 sq. ft. minimum lots sq. ft. minimum lots sq. ft. minimum lots 80' 80' •-t-- 1 35' 30' 25' 20' I 10' 10' --1-- 1 1 1 1 20' 20' 20' 0% 0% - 20% - , V i i ,-r— 1 1 : - i --7-1-- 1 - 1 2 1 i- i - - 29' - - - ILAND USE CLASS: MDR, RC, CMU, EMU ?i0,000 sq. ft. minimum lots __I ..1 .15' 1 5' i 1 1 15' .II 20% I 1 1 2 29' 1 1 i - OPTIONAL I REQUIRED 1 PUBLIC WATER OR SEWER 2 PUBLIC WATER AND SEWER Article V. Use Regulations 11.8 Planned Unit Developments 11.8.3 Design Guidelines A. Minimum Dimensional & Amenity Requirements This Section describes additional regulations that shall be met for single family, multifamily, and nonresidential uses within planned unit developments. The regulations shall be applied individually by the desired type of use and density per pod. The developer shall outline which method is intended as part of the application and shall provide a clear intent to seamlessly integrate differing requirements. 1. Single Family Uses >_20,000 sq. ft. minimum lots OPEN SPACE 10% w E. ,, z A 4 > A � w �Uig p SIDEWALKS >_18,000 sq. ft. minimum lots >_15,000 sq. ft. minimum lots 15% 20% >_12,000 sq. ft. minimum lots 25% 29' 50' >_9,000 sq. ft. minimum lots 30% 2 50' *As required by this Ordinance. 11.8.4 Superior Design Criteria F. Public Safety & Service Availability Availability of public services is a major factor in locating developments. For purposes of this item, public services may include, but not limited to, the proximity to fire and emergency medical services, hospitals, law enforcement services, libraries, and educational facilities. Article VII. Development Design Guidelines 6.4 Fire Protection 6.4.1 General Fire Hydrant Requirements Adequate fire protection shall be provided to all new subdivision developments and nonresidential new construction and expansions. The developer or subdivider shall install fire hydrants in such a manner that the development is afforded adequate fire protection as provided in this Ordinance. The regulations contained herein are intended to facilitate proper installation of required fire protection measures. A. All hydrants shall be Harnett County Public Utilities and Fire Code Official approved, in accordance with the requirements of this Section. 1. No fire hydrant shall be installed on less than a 6 inch (6") main. 2. Hydrants shall have two (2) two and one half inch (2 1") and one (1) four and one half inch (4 1/2") connections with threads of the National Pipe Thread (NP'I) type. 3. The upper hydrant operation stem within the bonnet shall be sealed and lubricated by means of an oil or grease bath, unless otherwise approved. The operating nut shall be pentagonal type measuring one and one half inch (1 1") from point to flat. Hydrants shall open left. 4. All hydrants shall be furnished with barrel and stem extensions as required for the final field location. Nominal minimum bury will be a depth of three and one half (3 1/2) feet. All hydrants at finish grade shall measure 18 inches (18") from ground to center of steamer cap. 5. Water lines servicing fire hydrants shall have at least 500 gallons of water flow per minute. B. The Fire Code Official shall approve all hydrant types and locations in new developments and any alterations to this Ordinance related to fire hydrants and fire protection. C. All fire hydrants shall be located on the right side of the roadway in which responding fire apparatus would travel into subdivisions, beginning at the main entrance to the subdivision.