101915mHARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
October 19, 2015
The Harnett County Board of Commissioners met in regular session on Monday, October 19,
2015, in the Commissioners Meeting Room, County Administration Building, 102 East Front
Street, Lillington, North Carolina.
Members present:
Staff present:
Jim Burgin, Chairman
Gordon Springle, Vice Chairman
Abe Elmore, Commissioner
Barbara McKoy, Commissioner
Joe Miller, Commissioner
Joseph Jeffries, County Manager
Paula Stewart, Deputy County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
Chairman Burgin called the meeting to order at 7:00 pm. Commissioner Elmore led the pledge
of allegiance and invocation.
Chairman Burgin called for additions and deletions to the published agenda. Commissioner
Elmore moved to approve the agenda as presented. Vice Chairman Springle seconded the
motion which passed unanimously.
Commissioner Elmore moved to approve the following items listed on the consent agenda.
Commissioner Miller seconded the motion which passed unanimously.
1. Minutes: October 5, 2015 Regular Meeting
2. Budget Amendments:
96 Health Department
Code 110-7600-441.11-00
110-7600-441.21-00
110-7600-441.21-05
110-7600-441.22-00
110-7600-441.23-00
110-7600-441.25-10
110-7600-441.26-08
110-7600-441.58-14
110-7600-441.60-33
110-7600-441.60-46
110-0000-331.76-32
Salaries & Wages
Group Insurance
Employee Clinic
FICA
Retirement
Unemployment
Worker's Comp
Travel
Materials & Supplies
Medical Supplies
613 Ebola Preparedness & Response
6,700 increase
1,044 increase
52 increase
508 increase
478 increase
66 increase
152 increase
200 increase
8,300 increase
2,500 increase
20,000 increase
October 19, 2015 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 1 of 7
99 Wings Over Harnett
Code 212-6500-406.54-26
212-6500-406.60-33
212-0000-322.65-01
101 School Project CP1502
Code 309-8300-480.32-06
309-8300-480.36-10
309-8300-480.36-11
309-8300-480.32-93
309-8300-480.32-91
309-8300-480.32-45
309-8300-480.32-23
309-8300-480.32-94
309-8300-480.60-33
309-0000-314.50-00
309-0000-361.10-00
Advertising 125 increase
Materials & Supplies 450 increase
Airport/Wings Over Harnett 575 increase
Fund 309 OSCB Roofing Project
Star Academy 3,715 decrease
Harnett Primary 3,805 decrease
Highland Elementary 12,039 decrease
Overhills Middle School 24,497 decrease
North Harnett Primary School 56,738 decrease
Dunn Middle School 49,774 decrease
Anderson Creek 16,384 increase
South Harnett 71,804 increase
Materials & Supplies 83,270 increase
Sales Tax 20,766 increase
Interest 124 increase
102 JCPC Programs
Code 110-5899-420.32-82 Return of Unspent Grant Funds
110-0000-399.00-00 Fund Balance Appropriated
103 Health Department
Code 110-7600-441.33-50 Contracts
110-7600-441.60-47 Food & Provisions
110-0000-345.10-12 Medicaid Cost Settlement
104 Health Department
Code 110-7600-441.55-12
110-7600-441.60-46
110-7600-441.60-46
110-0000-334.76-12
110-0000-331.76-12
107 PU1501 42 MGD Water
Code 545-9100-431.45-42
545-9100-431.45-80
108 Health Department
Code 110-7600-441.60-33
110-0000-331.76-18
3,212 increase
3,212 increase
52,142 increase
1,000 increase
53,142 increase
Printing 500 increase
Medical Supplies 1,500 increase
Medical Supplies 2,652 decrease
STD Prevention 2,000 increase
Family Planning 2,652 decrease
Plant Expansion Capital Project
Temple Grading 6,084 increase
Contingency 6,084 decrease
Materials & Supplies
Summer Food Service Program
298 increase
298 increase
110 Cooperative Extension Adolescent Parenting Program
Code 110-7310-465.33-45 Contracted Services 4,019 increase
110-0000-353.73-10 Contribution & Donation (Ag Foundation) 4,019 increase
October 19, 2015 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 2 of 7
111 Emergency Services &
Code 110-5300-420.36-14
110-5400-420.11-00
110-5400-420.21-00
110-5400-420.21-05
110-5400-420.22-00
110-5400-420.23-00
110-5400-420.23-01
110-5400-420.25-10
110-5400-420.26-08
110-0000-399.00-00
Emergency Medical
Emergency Services - Specialty Teams
Emergency Medical - Salaries & Wages
Group Insurance
Employee Clinic
FICA
Retirement
Supplemental Retirement
Unemployment
Worker's Compensation
Fund Balance Appropriated
112 Sheriff's Office
Code 110-5100-420.11-00
110-5100-420.21-00
110-5100-420.21-05
110-5100-420.22-00
110-5100-420.23-02
110-5100-420.23-05
110-5100-420.25-10
110-5100-420.26-08
110-5100-420.74-74
110-5100-420.60-36
110-5100-420.60-29
110-0000-399.00-00
Salaries & Wages
Group Insurance
Employee Clinic
FICA
LEO Retirement
LEO Supplemental Retirement
Unemployment Benefits
Worker's Compensation
Capital Outlay
Uniforms
Weapons
Fund Balance Appropriated
113 Public Utilities
Code 531-9000-431.11-00 Salaries & Wages
531-9000-431.11-11 Car Allowance
531-9000-431.30-22 Indirect Cost
114 Engineerin41 Derartment
Code 110-4180-410.11-00
110-4180-410.11-11
110-4180-410.11-14
110-4180-410.21-00
110-4180-410.21-05
110-4180-410.22-00
110-4180-410.23-00
110-4180-410.23-01
110-4180-410.25-10
110-4180-410.26-08
110-4180-410.32-22
Salaries & Wages
Car Allowance
Longevity
Group Insurance
Employee Clinic
FICA
Retirement
Supplemental Retirement
Unemployment
Worker's Compensation
Indirect Cost
10,000 increase
91,590 increase
14,346 increase
600 increase
7,007 increase
6,475 increase
1,832 increase
916 increase
6,649 increase
139,415 increase
114,082 increase
19,296 increase
800 increase
8,727 increase
8,305 increase
5,704 increase
1,141 increase
7,487 increase
94,000 increase
8,000 increase
8,000 increase
275,542 increase
27,355 increase
960 increase
28,315 decrease
21,753 decrease
80 decrease
218 decrease
1,475 decrease
60 decrease
1,687 decrease
1,559 decrease
435 decrease
218 decrease
830 decrease
28,315 increase
October 19, 2015 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 3 of 7
115 School Project CP1502 Fund 309 OSCB Roofing Project
Code 309-8300-480.36-10 Harnett Primary
309-8300-480.32-91 North Harnett Primary School
309-8300-480.36-08 Harnett Central High
309-8300-480.32-94 South Harnett
309-8300-480.60-33 Materials & Supplies
309-0000-314.50-00 Sales Tax
309-0000-361.10-00 Interest
116 Cooperative Extension -Race to the Top
Code 110-7326-465.11-00 Economic & Physical Dev /
Salaries & Wages
110-7326-465.21-05 Employee Clinic
110-7326-465.23-00 Economic & Physical Dev / Regular
Retirement
110-7326-465.23-01 Regular Retirement / Supplemental
Retirement
Training & Meetings
Travel Admin
Materials & Supplies
Race to the Top
110-7326-465.58-01
110-7326-465.58-14
110-7326-465.60-33
110-0000-331.73-26
3. Resolutions to add roads to state system (Attachment 1 & 2)
1,550 increase
14,836 decrease
2,262 decrease
10,830 decrease
237,645 increase
210,801 increase
466 increase
11,545 decrease
300 decrease
2,270 decrease
642 decrease
500 increase
1,200 increase
1,512 increase
11,545 decrease
4. Harnett County Emergency Services, on behalf of Angier & Black River Fire
Department, requested permission to spend $42,496.41 from their current year budget to
purchase a new Self -Contained Air Compressor. The department's current compressor is
aging and has to be serviced often costing over $2,000 yearly.
5. Harnett County Cooperative Extension requested permission to accept an anonymous
donation from the NC Agricultural Foundation in the amount of $4,019 for the support of
the Parents As Teachers Program.
6. Harnett County Tax Department requested approval to bar off the system a total of
$111,842.10 of outstanding property taxes from 2005 year, including all taxes and other
costs. Note that approximately 76% of these taxes are on DMV while the other 24% is
on real and personal property. Much of the delinquency on DMV is due to such things as
the owner passing away, moving out of state, or being in the military. Much of the
delinquency on real and personal property is due to bankruptcy, heir property, and
unknown owner property. The Tax Department is continuing efforts to collect delinquent
taxes by wage garnishment, bank attachment, sheriff's executions, other County
certifications, foreclosure and debt set-off.
7. Harnett County Senior Staff Attorney requested approval of the Moore County Water
Capacity Purchase Settlement Agreement and Release.
October 19, 2015 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 4 of 7
8. Harnett County General Services requested approval of the revised Harnett Area Transit
System's Safety System Program Plan (SSPP). The plan provides a framework for the
implementation of transit system safety policies, the achievement of related goals and
objectives, and to satisfy both federal and state requirements mandated by the Federal
Transit Administration Moving Ahead for Progress in the 21st Century (MAP -21)
program.
9. Harnett County Sheriff's Office requested approval of resolution to award Dean Nelson
Hewitt his Glock Model 22 40cal service weapon (Serial # BVW821) upon his retirement
in November 2015. (Attachment 3)
10. Resolution of the County of Harnett Approving an Amendment to an Installment
Financing Contract (Attachment 4)
11. Approval of revised Harnett County Personnel Ordinance effective January 1, 2016
Period of up to 30 minutes for informal comments allowing 3 minutes for each presentation
- Kris Nystrom of 391 Center Lane in Bunnlevel said we live in trying times, a lot of dangers
abound, and a prudent person keeps their wits about them, doesn't look for trouble and they
stay armed. He said he is thankful daily that we have people like Sheriff Rollins who
understands that their deputies can't be everywhere at once. He said he is thankful that we
have a relatively sensible hand gun program that trusts its citizens and then listed changes he
would like to see regarding options to carry.
There were no appointments. Vice Chairman Springle asked about the possibility of combining
the Adult Care Home Community Advisory Committee and Harnett Nursing Home Community
Advisory Committee. Staff will follow-up with Mid -Carolina Council of Government who
administers the two committees on behalf of the County. Commissioner Miller will talk to the
Good Hope representatives regarding the current vacancy on the Sandhills Center Board of
Directors.
Planning Services Director Mark Locklear petitioned the board for a public hearing regarding
proposed text amendments — Primitive Campground — Applicant: Ilia Smirnov. Mr. Locklear
noted this proposed text amendment was a citizen request for a general "primitive campground".
The applicant and staff worked together to formulate these basic regulations, therefore staff
recommends approval.
Harnett County Unified Development Ordinance
- Article V (Use Regulations)
Section 7.3.4 (Recreational Vehicle Park)
- Article V (Use Regulations)
Section 1.2 (Tables of Use Types & Regulations)
- Article XIV (Definitions & Certifications)
Section 2.2 (General Definitions)
Mr. Locklear noted, after discussion and a few suggested changes, on October 5, 2015 the
Harnett County Planning Board voted unanimously (4 — 0) to recommend approval of this
proposed text amendment. Mr. Locklear reviewed the proposed changes.
October 19, 2015 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 5 of 7
Regarding the requirement that adequate restroom facilities must be provided, Commissioner
Miller asked if that would include running water for bathrooms and showers. Mr. Locklear was
unsure but said the Board of Adjustment would take that into account when it goes through the
conditional use process and it still must be approved by the Health Department.
Chairman Burgin called to order a public hearing on the matter and opened the meeting for
comments from the public.
- Ilia Smirnov, the applicant, spoke in favor of the proposed text amendments. Mr.
Smirnov, who owns Cape Fear Adventures, would like for people to be able to camp
closer to the river. He responded his intent is to put the primitive campground north side
of the Cape Fear River, past Keith Hill, about 4 miles downstream from Lillington.
Seeing no one else move Chairman Burgin closed the public hearing. Vice Chairman Springle
moved to approve the text amendments as requested. Commissioner Elmore seconded the
motion which passed unanimously. (Attachment 5)
General Services Director Barry Blevins petitioned the board for a public hearing on FY 17
Community Transportation Program Application (HARTS) to be submitted to the North Carolina
Department of Transportation, Public Transportation Division (NCDOT/PTD). Mr. Blevins
noted they would request a separate public hearing in November for the 5310 funding. The total
estimated requested for the period July 1, 2016 through June 30, 2017:
Administrative $275,446 with local share $41,317
Capital (Vehicle & Other) $56,500 with local share $5,650
Total Project $331,946 with total local share $46,967
Specifically, the Section 5311 program intends to enhance the access of people in non -urbanized
areas to health care, shopping, education, employment, public services and recreation. Section
5311 assists in the maintenance, development, improvement and use of public transportation
systems in non -urbanized areas.
Chairman Burgin called to order a public hearing on the matter and opened the meeting for
comments from the public. Seeing no one move Chairman Burgin closed the public hearing.
Vice Chairman Springle moved to approve the application to apply for FY 17 Community
Transportation Program funding (5311), which requires matching funds in the amount of
$46,967, and approval of a resolution to apply, enter an agreement with NCDOT and provide
necessary assurances and required match. Commissioner Elmore seconded the motion which
passed unanimously. (Attachment 6)
Commissioners thanked Mr. Blevins, staff and volunteers for the wonderful job they did with
Wings Over Harnett.
Mr. Jeffries presented the following reports:
- Public Health Activities Summary — September 2015
- Veteran Affairs Activities Reporting — September 2015
- Harnett County Planning Services Report — September 2015
- Good Hope Hospital, Inc. balance sheet as of September 30, 2015
- Interdepartmental budget amendments
October 19, 2015 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 6 of 7
Mr. Jeffries reported that the RFQ for the realtor for Brightwater had been posted. Mr. Jeffries
also announced Harnett County Partnership for Children's upcoming fundraiser "Hoops for
Harnett" as one of the commissioners will be participating in the game.
Human Resources Director John Rankins and Senior Staff Attorney Monica Jackson introduced
and thanked Campbell intern Justin Bradley. They said they could not have completed the
revised Harnett County Personnel Ordinance without Justin's help this summer.
Chairman Burgin called for any new business. Commissioner Miller congratulated the new
Montessori School who is now open for business. He thanked the Planning Department for
assisting the school.
There was no need for a closed session.
Commissioner Elmore moved that the meeting adjourn at 7:30 pm. Vice Chairman Springle
seco ed the motion which passed unanimously.
et Regina eeler, Clerk
•
October 19, 2015 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 7 of 7
ATTACHMENT 1
Harnett
COUNTY
NORTH CAROLINA
RESOLUTION
BE IT RESOLVED that the Harnett County Board of Commissioners
does hereby, by proper execution of this document, request that the North Carolina
Department of Transportation add to the State's Secondary Road System the below
listed street.
Bennett Place Subdivision
Natures Way
Beaver Creek Drive
Duly adopted this 19th day of October, 2015.
HARNETT COUNTY BOARD OF COMMISSIONERS
ATTEST:
Marga et Regina
Cler14 the Board
eeler
strong roots • new growth
Burgin, rman
www.harnett.org
r
Harnett
COUNTY
ATTACHMENT 2
NORTH CAROLINA
RESOLUTION
BE IT RESOLVED that the Harnett County Board of Commissioners
does hereby, by proper execution of this document, request that the North Carolina
Department of Transportation add to the State's Secondary Road System the below
listed street.
Gatewest Subdivision
Gatewest Drive
Remington Hill Drive
Mossburg Court
Duly adopted this 19th day of October, 2015.
HARNETT COUNTY BOARD OF COMMISSIONERS
Marga t Regina '. eler
Clerk • the Board
strong roots • new growth
www.harnett.org
NORTH CAROLINA
HARNETT COUNTY
RESOLUTION
ATTACHMENT 3
THAT, WHEREAS, Dean Nelson Hewitt, began his Harnett County
Law Enforcement career on January 1, 2010; and
WHEREAS, after five years of distinguished service to Harnett
County, Dean Nelson Hewitt will resign; 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 Dean Nelson Hewitt be awarded the following
service side arm for one dollar ($1.00). Glock Model 22 Serial
Number BVW821.
Duly adopted this 1944' day of Oc40 er , 20 15 .
HARNETT COUNTY BOARD OF COMMISSIONERS
AT ST
at
Clerk o the Board
ATTACHMENT 4
EXTRACTS FROM MINUTES OF '1'III BOARD OF COMIVIISSIONERS
A regular meeting of the Board of Commissioners (the "Board") of the County of Harnett, North
Carolina (the "County") was held on Monday, October 19, 2015, at 7:00 p.m. in the County
Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street,
Lillington, North Carolina, Jim Burgin, Chairman of the Board presiding and the following
Commissioners present:
Jim Burgin, Chairman
Gordon Springle, Vice Chairman
Abe Elmore, Commissioner
Barbara McKoy, Commissioner
Joe Miller, Commissioner
Commissioners Absent:N/A
Also Present:
Joseph Jeffries, County Manager
Paula Stewart, Deputy County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
* * *
Commissioner Elmore introduced the following resolution, a summary of which had been
provided to each Commissioner, a copy of which was available with the Clerk to the Board and which
was read by title:
A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT,
NORTH CAROLINA, APPROVING AN AMENDMENT TO AN INSTALLMENT FINANCING
CONTRACT
WHEREAS, the County of Harnett, North Carolina (the "County") is a duly and regularly created,
organized and 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 previously entered into an Installment Financing Contract dated as of
November 1, 2012 (the "2012 Contract") between the County and Harnett County Public Facilities
Corporation (the "Corporation");
WHEREAS, pursuant to an Indenture of Trust dated as of November 1, 2015 (the "Indenture")
between the Corporation and U.S. Bank National Association, as trustee (the "Trustee"), the Corporation
executed and delivered (1) its $1,105,000 Limited Obligation Bonds (County of Harnett, North Carolina),
Series 2012A, of which $555,000 remain outstanding (the "2012A Bonds"), and (2) its $29,435,000
Taxable Limited Obligation Bonds (County of Harnett, North Carolina, Qualified School Construction
Bonds), Series 2012B, all of which remains outstanding (the "2012B Bonds," and together with the
2012A Bonds, the "2012 Bonds"), each evidencing proportionate undivided interests in rights to receive
certain revenues under the 2012 Contract;
PPAB 2870735v1
WHEREAS, proceeds of the 2012 Bonds remain unspent, and the County wishes to expend such
funds on certain improvements and repairs to various public school facilities located within the County,
including roof, HVAC and alarm system improvements, all of which constitute qualified purposes under
Section 54F of the Internal Revenue Code of 1986, as amended (the "Code");
WHEREAS, to do so, the County wishes to amend the 2012 Contract so as to expand the
defmition of "Project' thereunder as permitted under Section 9.04 of the Indenture;
WHEREAS, there has been presented to the Board of Commissioners of the County (the "Board")
the form of an Amendment Number One to the Installment Financing Contract dated as of
October 1, 2015 (the "Contract Amendment") between the County and the Corporation, which the County
proposes to approve, enter into and deliver, to expand the term "Project as defined in the 2012 Contract;
and
WHEREAS, it appears that the Contract Amendment is in appropriate form and is an appropriate
instrument for the purposes intended;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS:
Section 1. Ratification of Prior Actions. All actions of the County, the Chairman, the
County Manager, the Finance Officer, the Deputy Finance Officer and the Clerk to the Board and their
respective designees in effectuating the proposed expansion of the Projects financed with proceeds of the
2012 Contract are hereby approved, ratified and authorized pursuant to and in accordance with the
transactions contemplated by the Contract Amendment.
Section 2. Approval, Authorization and Execution of Contract Amendment. The form,
terms and content of the Contract Amendment are in all respects authorized, approved and confirmed.
The Chairman, the County Manager, the Finance Officer and the Clerk to the Board are authorized,
empowered and directed, individually and collectively, to execute and deliver the Contract Amendment
for and on behalf of the County, including necessary counterparts, in substantially the form presented to
the Board, but with such changes, modifications, additions or deletions therein as they may deem
necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the
Board's approval of any and all such changes, modifications, additions or deletions. From and after the
execution and delivery of the Contract Amendment, the Chairman, the County Manager, the Finance
Officer, the Deputy Finance Officer and the Clerk to the Board (collectively, the "Authorized Officers")
are hereby authorized, empowered and directed, individually and collectively, to do all such acts and
things and to execute all such documents as may be necessary to carry out and comply with the provisions
of the Contract Amendment as executed.
Section 3. Further Actions. Each Authorized Officer is hereby designated as a County
representative to act on behalf of the County in connection with the transactions contemplated by the
Contract Amendment, and the Authorized Officers are authorized, individually and collectively, to seek
opinions on matters of law from the County Attorney, which the County Attorney is authorized to furnish
on behalf of the County, and opinions of law from such other attorneys for all documents contemplated
hereby as required by law. The Authorized Officers are hereby authorized, individually and collectively,
to designate one or more employees of the County to take all actions that they are authorized to perform
under this Resolution. The Authorized Officers are authorized, individually and collectively, to execute
and deliver for and on behalf of the County any and all additional certificates, documents, opinions or
other papers and perform all other acts as may be required by the Contract Amendment or as they may
deem necessary or appropriate to implement and carry out the intent and purposes of this Resolution.
2
PPAB 2870735v1
Section 4. Repealer. All motions, orders, resolutions and parts thereof in conflict with this
Resolution are hereby repealed.
Section 5. Severability. If any section, phrase or provision of this Resolution is for any
reason declared to be invalid, such declaration will not affect the validity of the remainder of the sections,
phrases or provisions of this Resolution.
Section 6. Effective Date. This Resolution is effective on the date of its adoption.
On motion of Commissioner Elmore, seconded by Commissioner Miller, the foregoing resolution
entitled "A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH
CAROLINA, APPROVING AN AMENDMENT TO AN INSTALLMENT FINANCING CONTRACT" was duly
adopted by the following vote:
AYES: 5
NAYS: 0
3
PPAB 2870735v1
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
)
)
SS:
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
"A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH
CAROLINA, APPROVING AN AMENDMENT TO AN INSTALLMENT FINANCING CONTRACT" adopted by
the Board of Commissioners of the County of Harnett, North Carolina, at a meeting held on the 19th day
of October, 2015.
WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the ) 449
day of October, 2015.
PPAB 2870'735v1
MAR ' T REGINA HEELER
Cler �(. the Board
County of Harnett, North Carolina
AMENDMENT NUMBER ONE
TO THE INSTALLMENT PURCHASE CONTRACT
THIS AMENDMENT NUMBER ONE TO THE INSTALLMENT FINANCING CONTRACT
dated as of October 1, 2015 (the "First Contract Amendment") between HARNETT COUNTY PUBLIC
FACILITIES CORPORATION, a nonprofit corporation duly created and existing under the laws of the State
of North Carolina (the "Corporation"), and the COUNTY OF HARNETT, NORTH CAROLINA, a political
subdivision duly organized under the laws of the State of North Carolina (the "County");
WITNESSETH:
WHEREAS, the Corporation and the County previously entered into an Installment Financing
Contract dated as of November 1, 2015 (the "2012 Contract");
WHEREAS, pursuant to an Indenture of Trust dated as of November 1, 2015 (the "Indenture")
between the Corporation and U.S. Bank National Association, as trustee (the "Trustee"), the Corporation
executed and delivered (1) its $1,105,000 Limited Obligation Bonds (County of Harnett, North Carolina),
Series 2012A, of which $555,000 remain outstanding (the "2012A Bonds"), and (2) its $29,435,000
Taxable Limited Obligation Bonds (County of Harnett, North Carolina, Qualified School Construction
Bonds), Series 2012B, all of which remains outstanding (the "2012B Bonds," and together with the
2012A Bonds, the "2012 Bonds"); each evidencing proportionate undivided interests in rights to receive
certain Revenues under the 2012 Contract;
WHEREAS, proceeds of the 2012 Bonds remain unspent, and the County wishes to expend such
funds on various improvements and repairs constituting qualified purposes under Section 54F of the
Code;
WHEREAS, to do so, the County wishes to amend the 2012 Contract so as to expand the
definition of "Project" thereunder as permitted under Section 9.04 of the Indenture;
NOW, THEREFORE, THIS AMENDMENT NUMBER ONE TO THE INSTALLMENT
FINANCING CONTRACT WITNESSETH:
Section 1. Amendments to Article L The following definition set forth in Article I of the
2012 Contract is amended to read as follows:
"Project" means, collectively, (1) the acquisition, construction, equipping and
furnishing of a new Highland Middle School and (2) certain improvements and repairs to
various public school facilities located within the County, including roof, HVAC and
alarm system improvements.
Section 2. Effect of Amendment: Except as expressly amended by this First Contract
Amendment, the terms of the 2012 Contract shall remain unchanged and in full force and effect.
Section 3. Miscellaneous. Each capitalized term used but not otherwise defined herein has
the meaning given to such term in the 2012 Contract. This First Contract Amendment (a) may be
executed in any number of counterparts, each of which is an original and all of which constitute but one
and the same instrument, and (b) is to be construed, interpreted and enforced in accordance with the laws
of the State of North Carolina.
PPAB 2870464v2
IN WITNESS WHEREOF, the Corporation and the County have caused this First Contract
Amendment to be executed in their respective names by their duly authorized officials or officers, all as
of the date first above written.
HARNETT COUNTY PUBLIC FACILITIES
CORPORATION
By:
oseph
resident
[Signatures Continued on Following Pages]
PPAB 2870464v2
[SEAL]
Attest:
[COUNTERPART SIGNATURE PAGE TO AMENDMENT NUMBER ONE TO
THE INSTALLMENT FINANCING CONTRACT BETWEEN HARNETT COUNTY PUBLIC FACILITIES
CORPORATION AND THE COUNTY OF HARNETT, NORTH CAROLINA]
Mar
Cle
Regina
to the Boar
PPAB 2870464v2
eeler
f Commissioners
COUNTY OF HARNETT, NORTH CAROLINA
By:
roseph Jffrs
County Manager
[Signatures Continued on the Following Page]
[COUNTERPART SIGNATURE PAGE TO AMENDMENT NUMBER ONE TO
THE INSTALLMENT FINANCING CONTRACT BETWEEN HARNETT COUNTY PUBLIC FACILITIES
CORPORATION AND THE COUNTY OF HARNETT, NORTH CAROLINA]
Consented to and Accepted:
U.S. BANK NATIONAL ASSOCIATION,
as Trustee
By:
Shawna Hale
Vice President
PPAB 2870464v2
ATTACHMENT 5
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 Article V "Use Regulations", Section 7.3.4
Recreational Campgrounds and Section 1.2 Table of Uses & Regulations, and Article XIV
"Definitions & Certificates" Section 2.2 General Definitions 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 19t day of October, 2015 and effective upon adoption.
RNETT COUNTY BOARD OF COMMISSIONERS
strong roots • new growth
Margaret Regina Wheeler, Clerk to the Board
ATTACHMENT 1
Re: To establish use regulations for a Primitive Campground.
ARTICLE V. USE REGULATIONS
SECTION 7.3 LODGING SERVICES
Z3.4 Recreational Campground
General Requirements
In districts which permit such activities the following shall apply:
A. There shall be no permanent structures. excluding picnic shelters. erected within any area
deemed "Flood Zone". "Wetland", or "Conservation Zone".
B. Adequate restroom facilities must be provided for campers to maintain sanitary conditions in
accordance with the requirements of the Harnett County Health Department.
C. Installation and provision for water and sewage disposal shall be according to the standards of
the Harnett County Department of Public Utilities and the Harnett County Health Department.
D. An emergency plan must be submitted and approved by the Harnett County Development
Review Board along with the Commercial Site Plan.
E. Staff shall be on-site or available 24 hours a day to all campers. This contact information shall be
posted on site.
F. A campground shall not be utilized as permanent residence.
G. The park owner shall keep all park owned facilities, spaces. improvements. equipment open
space, recreational open space, and all common areas in good repair and maintained in such a
manner as to prevent the accumulation or storage of material which would constitute a fire
hazard or would cause insect or rodent breeding, and harborage. This includes providing
receptacles for the disposal of trash.
H. Prohibited Uses within any Recreational Campground Park
1. lunk Motor Vehicles
2. Storage of recreational vehicles. cars. boats. lumber, or other construction materials.
Recreational Vehicle Campground
A. All parks shall have a gross land area of at least three (3) acres.
B. Size of Individual Recreational Vehicle Space
Minimum Spice Size 1,000 sq ft
Minimum Space Width 20 feet
C. Recreational Vehicles shall be separated from each other and from other structures by at least
10 feet. No more than one (1) recreational vehicle may be parked on any one (1) space and
shall not be permitted on lots other than those approved through these regulations.
D. A recreational open space area will be developed and maintained that shall be located for safe
and convenient access to all cambers and shall meet the following size requirements:
Gross Land Area (Acres) Percentage of Recreational
Open Space
7%
3.00-6.00
6.01-9.00 6%
> 9.01 5%
E. No recreational vehicle space within a park shall directly access a public right-of-way and such
access shall be approved by the North Carolina Department of Transportation (NCDOT).
Access to all campers and accessory structures within the campground shall be made using
internal streets.
F. Internal streets shall have a minimum width of 15 feet and shall be compacted and layered with
four (4) inches of aggregate base course. Cul-de-sacs in a recreational vehicle park shall be
limited to a maximum length of 500 feet and shall be provided with a permanent turnaround
not less than 60 feet in diameter. All entrances in a recreational vehicle park shall be paved a
minimum of 20 feet or to NCDOT Standards, whichever is greater. Maintenance of all internal
streets and drainage facilities shall be the responsibility of the owner of the campground.
G. Each recreational vehicle space shall have off-street parking for one (1) trailer and parking
space for at least one (1) car. Each space shall be sited so that the parking, loading, or
maneuvering of a recreational vehide shall not necessitate the use of any public right-of-way,
sidewalk, or any private grounds not part of the park.
H. Tent camping shall also be allowed in such campgrounds.
Primitive Campground:
A. Travel trailers, RV's, or any other form of mobile shelters shall not be allowed in areas intended
for primitive camping.
B. An adequate all weather access road must be provided in accordance with the Harnett County
Unified Development Ordinance.
C. No provision of utilities or "hookups" shall be constructed on site.
ATTACHMENT 2
Re: To establish the definition of a Primitive Campground.
ARTICLE XIV. DEFINITIONS & CERTIFICATIONS
SECTION 2.2 GENERAL DEFINITIONS
Primitive Campground
A designated tent site of an undeveloped character, provided at carefully selected locations typically in
forested areas. The campground will be located so as to accommodate the need for shelter in a manner that is
least intrusive to the surrounding environment. These campgrounds shall be developed without hookups for
water, power, sewage, or many of the other amenities found at developed campgrounds.
ATTACHMENT 3
ADD or AMEND the following to Article V "Use Regulations"
Harnett County Unified Development Ordinance Use Table
1.2 Table of Use Types & Regulations
H
•
z
0 g
0
N
IX
i
g
PARKING
Public LibraP
ry
Social Institutions
Community & Civic Centers P
Social Halls, Lodges, Fraternal Organizations, Clubs, & 1 P 1 P
Similar Activities
COMMERCIAL USES
Existing Commercial Uses Applying for Permits to Expand
Animal Services
P P
P _P P
c,CC
P 1 per 300 sq. 2
R
Pl per 200 sq.'__.1._..2
ft. 1 3
C a 1 per 200 sq.
ft
c As required by 3
underling use I ,
Kennels, Boarding Stables, & Other Similar Regulated Land
Uses
C
C
c
C
1 per employee
C + 1 per kennel 3
or pen
B
Veterinarian Service, Indoor
Veterinarian Service, with outdoor facilities
Zoo & Petting Zoo
Eating & Drinking Services
C*
C*
P* P*
P*C*
C*
P*
C
c* * C* c*
C I C
C*
1 per 300 sq.
ft.
1 per 300 sq. ft
1 per 4 persons
(at max
capacityZ
3 B
Bar, Tavern, & Entertainment Venue P*
P*
Restaurant
.c** C* C*
Lodging Services
Bed & Breakfast
1 per 2 seats
1 per 4 seats +
1 per 2
employees
A
Boarding House
Hotel or Motel
Homeless Shelter
Recreational Campground
Offices, General
c
*
P P
1 per room +
1 per employee
* C* ' 1 per room +
i 1 per emplo.yee
1 per room +
1 per 2
employees
3
3
C*
1 per 400 sq.
ft.
R
R
C*
1 per site
Business Service Establishment
P
Offices (Business or Professional)
Offices (Governmental)
Personal Services
Laundry Mat
PI P
P
c c
C
1 per 300 sq. 3
ft.
1 per 200 sq. 3
ft
P
C 1 C
C
1 per 200 sq.
ft
Massae & Bodywork Sp12 or Thee Practice, Licensed
P P P
P* P*
C e c C 1per 150sq.
ft
C*Y 3 per licensed
* ` therapist
ATTACHMENT 6
COMMUNITY TRANSPORTATION PROGRAM RESOLUTION
Section 5311
FY 2017 RESOLUTION
Applicant seeking permission to apply for Community Transportation Program funding, enter into agreement with the
North Carolina Department of Transportation, provide the necessary assurances and the required focal match,
A motion was made by (Board Members Name) V IC& ch r ma IA gr ori f•i • kand seconded by (Soar! Member's Name
or WA, if not required) C PA vrk �S r o r,i• f i h' E-(r►.ry re for the o' '4, of the following resolution, and upon
being put to a vote was duly adopted.
WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina
have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for
administering federal and state public transportation funds; and
WHEREAS, the North Carolina Department of Transportation will apply for a grant from the US Department of
Transportation, Federal Transit Administration and receives funds from the North Carolina General Assembly to
provide assistance for rural public transportation projects; and
WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the
provision of rural public transportation services consistent with the policy requirements for planning, community
and agency involvement, service design, service altematives, training and conference participation, reporting and
other requirements (drug and alcohol testing policy and program, disadvantaged business enterprise program,
and fully allocated costs analysis); and
WHEREAS, County of Harnett hereby assures and certifies that it will provide the required local matching funds;
that its staff has the technical capacity to implement and manage the project, prepare required reports, obtain
required training, attend meetings and conferences; and agrees to comply with the federal and state statutes,
regulations, executive orders, Section 5333 (b) Warranty, and all administrative requirements related to the
applications made to and grants received from the Federal Transit Administration, as well as the provisions of
Section 1001 of Title 18, U. S. C.
NOW, THEREFORE, be it resolved that the Chairman of Harnett County Board of Commissioners is hereby
authorized to submit a grant application for federal and state funding, make the necessary assurances and
certifications and be empowered to enter into an agreement with the NCDOT to provide rural public transportation
services.
I Maraaret Rettlna Wheeler Clerk to the Board of Commissioners do hereby certify that the above is a true and correct
copy of an excerpt from a minutes of a meeting of the Hamett County Board of Commissioners duly held on the
! q*h day of , 2015.
leaill‘krA
igna of Ca • ng
at the authori
Cierl 4-0446 oA v oI
official, certifying official, and notary public should be three separate individuals.
Seal Subscribed and sworn to me (date) IQ / ► Q / ct 0 1$
No -ry Public*
Lac e. Se_ga,rS
to E Fran+- 5+, L; Il " N C ,P 1S4iO
Printed Name and Address
My commission expires (date) c' / , S/,Roa 0