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041904m HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting April 19, 2004 The Harnett County Board of Commissioners met in regular session on April 19, 2004, in Courtroom 6, Harnett County Courthouse, 301 West Cornelius Harnett Boulevard, Lillington, North Carolina. Members present: Teddy J. Byrd, Chairman Beatrice B. Hill, Vice Chairman Dan B. Andrews Walt Titchener Tim McNeill Staff present: Neil Emory, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Dwight W. Snow, County Attorney Kay S. Blanchard, Clerk to the Board Chairman Byrd called the meeting to order at 7:00 p.m. and Commissioner Andrews led the pledge of allegiance and prayer. Everyone welcomed Chairman Byrd home from a year's active military duty in Iraq with his Army Reserve unit. Chairman Byrd asked to add to the regular agenda, recognition of Congressman Bob Etheridge for his success in securing federal funds to assist the Harnett County Airport expansion project. Commissioner McNeill moved to approve the agenda as published with the one addition. Commissioner Titchener seconded the motion and it passed unanimously. Chairman Byrd presented a plaque from the County and thanked Congressman Etheridge for obtaining federal grants to assist Harnett County's efforts to promote economic development. Grant awards for the Airport expansion project total $4.7 million. The expansion will turn the Harnett County Airport into a business class facili ty. Upon motion by Commissioner Andrews and seconded by Commissioner McNeill, the Board unanimously approved the following items on the consent agenda: 1. Minutes: Regular Meeting, April 5, 2004 2. Budget Amendments: 317 Jail (Fund 11 0-Genera1) Code 110-5120-420.60-47 Food & Provisions 110-0000-399.00-00 Fund Balance Appropriated 3 18 Jail (Fund 11 0-Genera1) Code 110-5120-420.12-00 Salaries & Wages p.t. 110-5120-420.23-00 FICA Tax Expense 110-0000-399.00-00 Fund Balance Appropriated $55,000. increase 55,000. increase 42,000. increase 3,213. increase 45,213. increase 319 Jail (Fund 11 0-Genera1) Code 110-5120-420.60-46 Medical Supplies & Drugs 110-0000-399.00-00 Fund Balance Appropriated 45,000. increase 45,000. increase 366 Acing (Fund 11 0-Genera1) Code 110-0000-353.75-10 Together Rx Program 110-7510-441.32-44 Together Rx Program 5,000. increase 5,000. increase 371 Public Assistance (Fund 110-Genera1) 233 234 Code 110-7710-441.80-50 Day Care Subsidy 110-0000-330.77-04 Day Care Subsidy 110-7710-441.80-60 Day Care Smart Start 110-0000-330.77-05 Day Care Smart Start 110-0000-353.06-00 Donations - Social Services 110- 771 0-441.89-60 Foster Care Donations 110-7710-441.89-20 Central Electric Donations 378 Finance (Fund 110-Genera1) Code 110-4400-410.11-00 Salaries & Wages 110-4400-410.22-00 FICA Tax Expense 110-4400-410.23-00 Retirement 110-4400-410.23-01 Supplemental Retirement 110-0000-399.00-00 Fund Balance Appropriated 384 Health (Fund 11 O-General) Code 110- 7 600-441.60- 33 Materials & Supplies 110-0000-353.76-04 Precepting Interns 385 Solid Waste (Fund 580-So1id Waste) Code 580-0000-356.66-01 Scrap Tire Reimbursement 580-6600-461.33-45 Contracted Services 386 Tax (Fund 110-General) Code 110-0000-456.45-01 Jeff Hunt - CAE Memorial 110-4500-410.58-01 Training & Meetings 387 Aging (Fund 110-Genera1) Code 110-7500-441.32-11 Family Caregiver Support 110-0000-347.14-00 Project Income-Aging 121,283. decrease 121,283. decrease 168,446. increase 168,446. increase 2,000. increase 200. increase 1,800. increase 805. increase 62. increase 40. increase 1 7. increase 924. increase 338. increase 338. increase 2,727. increase 2,727. increase 275. increase 275. increase 3 15. increase 315. increase 388 Debt Service Reserve (Fund 210-Debt Service Reserve) Code 210-8702-490.31-35 COPS 2002 Debt Servo Reserve 1,409,643. increase 210-0000-389.10-00 Interfund Transfer-Gen. Fd. 1,409,643. increase 389 Soil & Water (Fund 10-Genera1) Code 110-6700-429.58-14 Travel 110-6700-429.41-11 Telephone & Postage 110-6700-429.60-33 Materials & Supplies 110-6700-429.12-00 Salaries & Wages, p.t. 110-6700-429.22-00 FICA Tax Expense 390 Health (Fund 11 0-Genera1) Code 110-7600-441.33-45 Contracted Services 110-7600-441.58-01 Training 110-7600-441.58-14 Travel 110-7600-441.60-36 Uniforms 110-7600-441.60-46 Medical Supplies 110- 7 600-441.60-4 7 Food & Provisions 110-7600-441.64-25 Books & Publications 110-7600-441.60-33 Materials & Supplies 110-7600-441.74- 74 Capital Outlay-Equipment 391 Concealed Weapon (Fund 243-Concea1ed Weapon) Code 243-5100-420.32-53 Handgun Assessed Fees 243-0000-322.43-00 Permits & Fees 394 Public Assistance (Fund 110-General) Code 110-7710-441.88-30 Adoption Incentive Fund 110-0000- 331.77 -12 Adoption Incentive Fund 1,400. decrease 200. increase 400. increase 725. increase 75. increase 15,970. decrease 10. decrease 1,500. decrease 123. decrease 1,564. decrease 25. decrease 364. decrease 9,508. increase 10,048. increase 7,000. increase 7,000. increase 17,965. increase 17,965. increase 110- 7710-441.88-45 Family Caregivers 110-0000-331.77-09 Family Caregivers 110-7710-441.80-85 CP&L Project Share 110-7710-441.80-90 Crisis Intervention 110-0000-330.77-01 Social Services Admin. 1 ,256. increase 1,256. increase 3,928. increase 48,628. increase 52,556. increase 396 United Way Child Care Resource & Referral (Fund 11 O-General) Code 110-7306-465.11-00 Salaries & Wages 1,451. increase 110-7306-465.22-00 FICA Tax Expense 111. increase 110-7306-465.23-00 Retirement 71. increase 110-0000-399.00-00 Fund Balance Appropriated 1,633. increase 398 Veterans Services (Fund 110-Genera1) Code 110-7800-441.73-01 Capital Outlay-Equipment not Capi tali zed 110-0000- 399.00-00 Fund Balance Appropriated 2,719. increase 2,719, increase 400 Cooperative Extension (Fund 11 O-General) Code 110-7300-465.32-30 FCS-Family & Consumer 110-0000-344.11-00 FCS-Family & Consumer 500. increase 500. increase 401 Cooperative Extension (Fund 11 O-General) Code 110-7300-465.32-31 4-H Programs 110-0000-399.00-00 Fund Balance Appropriated 1 ,000. increase 1,000. increase 404 Planning & Inspections (Fund 11 O-General) Code 110-7200-465.11-00 Salaries & Wages 110-7200-465.74-74 Capital Outlay 38,310. decrease 38,810. increase 406 Airport Old State Road Relocation Project (Fund 367-"CP0305") Code 367-0000-389.10-00 Interfund Trans. from Gen. Fd. 100,000. increase 367-8360-465.90-10 Interfund Trans. to Gen. Fund 100,000. increase 407 Interfund Transfer (Fund 11 O-General Fund) Code 110-8701-490.90-07 Interfund Transfer-Airport Project Old State Road 100,000. increase 110-0000-399.00-00 Fund Balance Appropriated 100,000. increase 408 Human Resources (Fund 11 O-General Fund) Code 110-7404-465.60-33 Materials & Supplies 110-7404-465.55-12 Printing & Binding 110-7404-465.54-26 Advertising 110-7404-465.74-74 Capital Outlay 110-7404-465.43-16 Maintenance & Repair 110-7404-465.32-07 Marketing & Promotions 110-0000-331.74-04 WIA Funds 2,604. increase 1,500. increase 387. increase 4,600. increase 384. increase 313. increase 9,788. increase 3. Tax Refunds and Releases (Attachment 1) ,,'..,......~> 4. Courthouse landscaping proposal for installation of an additional drainage system and replacement of certain plants to be completed by Jones' Landscaping & Maintenance, Inc. 5. County Holiday Schedule 2005 (Attachment 2) 6. Recognition of Public Service Recognition Week May 6-9, 2004. Public Service Recognition Week celebrated the first Monday through Sunday in May since 1985, is a time set aside each year to honor the men and women who serve America as federal, state, and local government employees. The Personnel Department will hold the annual benefits fair during this week. 235 236 7. Resolution authorizing the execution and delivery of an installment financing agreement, a deed of trust, a rehabilitation agreement and related documents in connection with an installment financing for school improvements (QZAB). (Attachment 3) In the informal comments portion of the meeting, Carson Bethea, 752 Doc's Road, Lillington, appeared before the Board to discuss a public utilities matter. Commissioner McNeill moved to appoint Roger Furguson to the Board of Adjustment as an alternate member. Commissioner Andrews seconded the motion and it passed unanimously. Mr. Furguson's term is for 3 years to expire 04-30-07. Patt Webb, Systems Specialist, North Carolina Office of Emergency Medical Services, presented a Certificate of Approval for the Harnett County EMS System Plan to Chairman Byrd and Charles Barefoot, Harnett County EMS Director. Chairman Byrd called to order a public hearing on proposed new road names and called on Clint Williams, E-911 Coordinator. Mr. Williams reviewed the list of proposed road names with the Board. Chairman Byrd opened the meeting for comments from the public. Greg Phillips, 118 Avery Road, Envin, commented on the spelling of one of the proposed road names. There being no further comments, Chairman Byrd closed the public hearing. Commissioner McNeill moved to approve the road names as presented by Mr. Williams. Commissioner Hill seconded the motion and it passed unanimously. (Attachment 4) Chairman Byrd called to order a public hearing on an Installment Purchase Contract for the Highway 87 Project fmancing and called on Steve Ward, Assistant Director, Public Utilities for the presentation. After Mr. Ward's presentation, Chairman Byrd opened the meeting for comments from the public. No comments were received and Chairman Byrd closed the public hearing. No further action is required by the Board at this time. Chairman Byrd called to order a public hearing on a zoning change request for Sylvia J. Wiggs and Kay C. Autry from RA-30 to Industrial Zoning District, 31.69 acres, 10134 US 401 N, Hector's Creek Township. Mark Locklear, Planner, reviewed the application with the Board and stated that the site is contiguous to an existing Commercial Zoning District across Highway 401. The Planning Board and Planning staff felt the request is consistent with the County's Land Use Plan and is compatible with the neighborhood. The Planning Board voted unanimously to recommend approval of the requested zoning change. The Economic Development office agreed with the Planning Board's recommendation. Chairman Byrd opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Commissioner Andrews moved to approve the zoning change request as presented. Commissioner Titchener seconded the motion and it passed unanimously. Chairman Byrd called to order a public hearing on a zoning change request for Lucille Brown and Piedmont Home Outlet from RA-30 to Commercial Zoning District, .88 acres, US 421, Upper Little River Township. Mark Locklear, Planner, reviewed the application with the Board and stated that in reviewing the spot zoning criteria it was the consensus of the Planning Board that in this particular case spot zoning would be reasonable. Planning Board members and Planning staff felt the request is consistent with the County's Land Use Plan and is compatible with the neighborhood. Surrounding areas were also discussed and recommended for future rezoning to Commercial districts. The Planning Board voted unanimously to recommend approval of the requested zoning change. Chairman Byrd opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Commissioner Titchener moved to approve the zoning change based on the reasons noted. Commissioner Andrews seconded the motion and it passed unanimously. Chairman Byrd called to order a public hearing on a zoning change request for Judy Williams Green and Tart Custom Homes, from RA-40 to RA-20M Zoning District, 2.58 acres, NC 42 W, Buckhorn Township. Mark Locklear, Planner, reviewed the application with the Board and stated that the Planning Board and Planning stafffeIt the request was not consistent with the County's Land Use Plan or compatible with the neighborhood; and some permitted uses could be detrimental to the rural character of the neighborhood. In addition, several letters were received from neighbors who did not support the requested zoning change. Therefore, the Planning Board unanimously recommended denial of the zoning change request. Chairman Byrd opened the meeting for comments from the pubic. No comments were offered and Chairman Byrd closed the public hearing. Commissioner Titchener moved to deny the zoning change based on the reasons noted. Commissioner McNeill seconded the motion and it passed unanimously. Chairman Byrd called to order a public hearing on a proposed text amendment to the Zoning Ordinance regarding use of manufactured homes for nonresidential use. Joseph Jeffries, Chief Planner, presented the proposed text amendment and noted that the amendment is to adjust the county ordinance to comply with Federal Standards for Construction and Safety Standards for Manufactured Home Construction. Changing the ordinance will require mobile homes to be used exclusively for dwellings and will no longer allow for manufactured homes to be used for storage or any nonresidential use. Lynwood McDonald, Chief Building Inspector, noted for a mobile home to be used for a business, it would have to be modified by an engineer and architect and inspected to comply with North Carolina Code. Businesses currently operating in a mobile home, such as a beauty shop or office for a car lot, would be grandfathered. Chairman Byrd opened the meeting for comments from the public. Wilton Lee, 132 Rose Bud St., Spring Lake, is in favor of the text amendment. Commissioner McNeill moved for adoption of a Resolution Amending the Harnett County Zoning Ordinance Text regarding use of manufactured homes for nonresidential use. Commissioner Andrews seconded the motion and it passed unanimously. (Attachment 5) Chairman Byrd called to order a public hearing on a proposed text amendment to the Zoning Ordinance regarding permitted uses in Industrial Zoning District. Joseph Jeffries, Chief Planner, presented the proposed text amendment and noted that currently trades are classified in the Industrial Zoning District as a conditional use. Staffbelieves that this particular use, which includes landscaping and construction type business, is better suited as a permitted use in the Industrial Zoning District. The Planning Board unanimously voted to recommend approval. Chairman Byrd opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Commissioner Andrews moved for adoption of a Resolution Amending the Harnett County Zoning Ordinance Text regarding permitted uses. (Attachment 6) Commissioner McNeill asked Mr. Jeffries about restrictions regarding marquee signs at schools to display information such as upcoming events. Mr. Jeffries will discuss this with the Planning Board and will provide a proposed ordinance text amendment regarding the matter for the Board's consideration. Neil Emory, County Manager, presented for the Board's consideration a proposed Resolution Opposing Requirement of Conununity Transportation Systems to Implement Regional Organizational Structures. Commissioner Titchener moved for adoption of the resolution. Commissioner Andrews seconded the motion and it passed unanimously. (Attachment 7) Departmental reports were filed with the Board from Emergency Medical Services and the Sheriff's Department. In the county manager's report the following items were addressed: 1. Commissioner Hill moved to authorize continuation of existing policy regarding military duty of County employees. Commissioner McNeill 237 238 seconded the motion and it passed unanimously. 2. Commissioner Titchener moved to authorize the next phase of the Shawtown Revitalization CDBG project. Commissioner Hill seconded the motion and it passed unanimously. · 3. Commissioner Titchener moved to schedule a public hearing at the next regular Board meeting, May 3, regarding renaming a portion of Nursery Road to John Strickland Road in memory of the late Deputy John Strickland. Commissioner Andrews seconded the motion and it passed unanimously. 4. A meeting has been scheduled for May 5 at 8:00 a.m. for the Board of Commissioners and the legislators who represent Harnett County. Location of the breakfast meeting is yet to be determined. There being no further business, Commissioner Titchener moved to adjourn. Commissioner Hill seconded the motion and it passed unanimously. The Board of Commissioners regular meeting, Apri119, 2004, adjourned at 8:10 p.m. ~~,~, Kay S. lanchard, Clerk to the Board Attachment 1. MONTHLY REFUND REPORT Approv~cl by the Harnett-''''" County Board oK Commissioners Licensed Motor Vehicles Date Lf - ) 9 ' o,-/- ~ ~ ~- AJa/'rui It 4!id 08-Apr-04 U-.tJ;:.. -k 't-k 1SCxvz.d BILL NAME AND ADDRESS REASON AMOUNT MONTHS YEAR MONTH TOWN NUMBER VEIDCLE OWNED 2003594648 BALL, MARTHA P ASKEWlCH VEIDCLE SOLDrrAG COUNTY - 36.52 01 2003 04/04 2 DUNN 133 ROLLINGWOOD DR TURNED IN Cl05 - 22,85 DUNN, NC 28334-8499 SC20 - .99 TOTAL - 60.36 2003563883 BROOKS, LARRY ANDREW VEIDCLE SOLDrrAG COUNTY - 24,60 08 2003 04/04 2 DUNN 113 BEALE ST TURNED IN CI05 - 15.39 DUNN, NC 28334-8406 SC20 - .67 TOTAL - 40.66 2002590683 BURGESS, JULIA TRULA VEIDCLE SOLDrrAG COUNTY -10.74 04 2002 04/04 2 8918 MCDOUGALD RD TURNED IN FR21 - .99 BROADWAY, NC 27505 TOTAL - 11.73 2003584180 CLARK, JOHN MICHAEL MILITARY COUNTY - 46.01 2003 04/04 2 370 SIERRA TRL EXEMPTION FR20 - 6.89 SPRING LAKE, NC 28390-7227 TOTAL - 52:90 239 BILL NAME AND ADDRESS REASON AMOUNT MONTHS YEAR MONTH TOWN NUMBER VEffiCLE OWNED 2003504593 DUNCAN. VICTORIA ANN CORRECTION IN COUNTY - 24.91 2003 04/04 2 COA TS P.O. BOX 1267 DISTRICTS CI03 - 2.89 COATS. NC 27521-1267 TS03 - 5.00 TOTAL - 32.80 2003574086 SMITH. CAMDEN LONNIE VEmCLE SOLDlTAG COUNTY - 56.60 05 2003 04/04 2 P.O. BOX 680 TIJRNED IN 004 - 6.16 COATS. NC 27521-0680 TOTAL - 62.76 2003534125 SURLESt SHANNON DORIS VEHICLE SOLDITAG COUNTY - 6.99 08 2003 04/04 2 ERWIN 708 WEST J ST TIJRNEDIN CI02 - 4.42 ERWINt NC 28339-8724 FR02 - .64 TOTAL - 12.05 200163318 WADDELL. JAMES JOSEPH Mll..IT ARY COUNTY - 36.02 2001 04/04 2 95 LEE LAKE DR EXEMPTION FR20 - 5.21 LINDEN. NC 28356-8867 TOTAL - 41.23 2001504319 W ADDELLt JAMES JOSEPH MILITARY COUNTY - 7.22 2001 04/04 2 95 LEE LAKE DR EXEMPTION FR20 - 1.05 LINDEN. NC 28356-8867 TOTAL - 8.27 BILL NAME AND ADDRESS REASON AMOUNT MONTHS YEAR MONTH TOWN NUMBER VEmCLE OWNED 200634705 WADDELL. JAMES JOSEPH MILITARY COUNTY - 27.81 2000 04/04 2 95 LEE LAKE DR EXEMPTION F26 - 3.24 LINDEN. NC 28356-8867 TOTAL - 31.05 2001503945 W ALS~ WILLIAM JOSEP~ JR MILITARY COUNTY - 65.36 2001 04/04 2 57 PACKET CIRCLE EXEMPTION FRSO - 8.60 FORT BRAGGt NC 28307 TOTAL - 73.96 2001623855 W ALS~ WILLIAM JOSEP~ JR MILITARY COUNTY -18.85 2001 04/04 2 57 PACKET CIRCLE EXEMPTION FRSO - 2.48 FORT BRAGG. NC 28307 TOTAL - 21.33 2002573625 W ALS~ WllLIAM JOSEP~ JR Mll..IT ARY COUNTY - 16.87 2002 04104 2 57 PACKET CIRCLE EXEMPTION FRSO - 2.22 FORT BRAGG. NC 28307 TOTAL -19.09 2002545023 W ALS~ WllLIAM JOSEP~ JR Mll..ITARY COUNTY - 122.44 2002 04/04 2 57 PACKET CIRCLE EXEMPTION FRSO - 16.11 FORT BRAGG. NC 28307 TOTAL -138.55 BILL NAME AND ADDRESS REASON AMOUNT MONTHS YEAR MONTH TOWN NUMBER VEmCLE OWNED 2003555202 WEST. Wll.EY CALVIN, JR VEmCLE SOLDITAG COUNTY - 94.53 01 2003 04/04 2 746 IRIS BRYANT RD 11JRNED IN FRSO - 9.00 DUNN. NC 28334 TOTAL - 103.53 J\r:,~ovec: by the Hamstl C{'~J,'lt~' B':.l~.dd i:jf C~;;-nmiss!oners MONTHLY REFUND REPORT Date 4/-- /9... L'tf , ~fittrc't::j OB-Apr-04 BILL NUMBER NAME REASON AMOUNT YEAR MONTH TOWN 2003030758 MA YWHORT. DAVID & DWMHWASPLACEDON COUNTY - 582.41 2003 04/04 2 DONNA PARCEL DURING FR16 - 79.24 4215 NFERDINAND ST REMEASURE IN ERRO TOTAL - 661.65 TACOMA, WA 98407 2002031705 MA YWHORT. DAVID & DWMH WAS PLACED ON COUNTY - 317.30 2002 041042 DONNA PARCEL DURING FR16 - 41.75 4215 NFERDINAND ST REMEASURE IN ERRO TOTAL - 359.05 TACOMA, WA 98407 240 200334773 MORGAN, ROBERT B V ALDED AS A FULL LOT. COUNTY - 220.50 2003 04/04 2 P.O. BOX 1057 IT IS ONLY A HALF LOT FR60 - 30.00 LILLlNGTON, NC 27546 TOTAL - 250.50 "*THEREISAN OurST ANDING BILL - 2003-34768. 200340995 ROBERTS, JAMES M, SR QUALIFIED FOR COUNTY - 135.53 2003 04104 2 &JOANN ELDERLY EXEMPTION BOONE TRAIL FIRE- 12.91 964 IlOYD STEWART TOTAL - 148.44 RD BROADWAY, NC 27505 BILL NUMBER NAME REASON AMOUNT YEAR MONTH TOWN 200242328 ROBERTS, JAMES M, SR QUALIFIED FOR COUNTY - 81.47 2002 04/04 2 &JOANN ELDERLY EXEMPTION BOONE TRAIL FIRE -7.50 964 LLOYD STEWART TOTAL - 88..97 RD BROADWAY, NC 27505 200251311 ~ THOMAS DW MH DOUBLE LISTED COUNTY - 427.12 2002 04/04 2 1584 ASHE A VB FR80 - 39.34 DUNN, NC 28334-6706 TOTAL - 466.46 200349837 ~ THOMAS DW MH DOUBLE LISlED COUNTY - 540.30 2003 04104 2 1584 ASHE A VB FR80 - 51.46 DUNN, NC 28334-6706 TOTAL - 591.76 _At;tachment 2. HARNETT COUNTY 2005 HOLIDAY SCHEDULE NEW YEAR'S DAY DECEMBER 31,2004 FRIDAY MARTIN LUTHER KING, JR. DAY JANUARY 17 MONDAY GOOD FRIDAY MARCH 25 FRIDAY MEMORIAL DAY MAY 30 MONDAY INDEPENDENCE DAY JULY 4 MONDAY LABOR DAY SEPTEMBER 5 MONDAY VETERANS' DAY NOVEMBER 11 FRIDAY THANKSGIVING NOV. 24 AND 25 THURS. AND FRI. CHRISTMAS DEC. 23 AND 26 FRIDAY AND MONDA Y \\JIC_FlNANCE\SYS\USERS\SHlRLEY\HOLIDA YS.DOC Attachment 3. BOARD OF COUNTY COMMISSIONERS OF HARNETT COUNTY Excerpt of Minutes of Meeting on April 19, 2004 Present: Chairman Teddy J. Byrd presiding, and Commissioners: Beatrice B. Hill, Dan B. Andrews, Walt Titchener, and Tim McNeill Absent: None Commissioner Andrews introduced the following resolution the title of which was read and copies of which had been distributed to each Commissioner: RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLl\fENT FINANCING AGREEl\fENT, A DEED OF TRUST, A REHABILITATION AGREEl\fENT AND RELATED DOCUMENTS IN CONNECTION WITH AN INSTALLl\fENT FINANCING FOR SCHOOL IMPROVEl\fENTS BE IT RESOLVED by the Board of Commissioners (the "Board") of the County of Harnett, North Carolina (the "County''): Section 1. The Board does hereby find and determine as follows: (a) The Harnett County Board of Education (the "Board of Education''), the governing board of the Harnett County local school administrative unit, has detetmined that a need exists for renovating and modernizing the following schools: Star Academy, Anderson Creek Primary, Angier Elementary, Benhaven Elementary, Boone Trail Elementary, Buies Creek Elementary, Coats-Erwin Middle, Dunn Middle, Erwin Elementary, Gentry Primary, Harnett Central Middle, Harnett Primary, Johnsonville, Lafayette Elementary, North Harnett Primary, Overhills Middle, South Harnett Elementary, Wayne Avenue Elementary, Western Harnett High and Western Harnett Middle, and has requested capital funding therefor (the "Project"). (b) The Project is hereby approved. (c) The Board and the Board of Education applied to, and have been approved by, the North Carolina Department of Education for allocation of qualified zone academy bond authorization under Section 1397E of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder (collectively, the "Code"). (d) After a public hearing and due consideration, the Board has detetmined that the most efficient manner of fmancing the Project will be for the County to enter into an Installment Financing Agreement (the "Agreement"), in a principal amount not to exceed $4,000,000 with Bank of America, N.A. (the "Bank'') pursuant to Section 160A- 20 of the General Statutes of North Carolina, as amende~ and Section 1397E of the Code. Pursuant to the Agreement, the Bank will advance moneys to the County in an amount sufficient to pay, together with other available funds, the costs of the Project, and the County will repay the advancement by making annual installment payments (the "Installment Payments"), without interest, for the term of the loan. The term of the loan will be the maximum term shown on the web page of the United States Department of State Treasurer relating to QZAB rates on the date of closing of the loan, and is anticipated to be approximately 13-16 years (the "Term''). (e) The Installment Payments will be invested pursuant to a Forward Delivery Agreement (the "Forward Delivery Agreement''), among the County, the Bank and a custodian acceptable to the County at a rate calculated to provide sufficient funds at the end of the Term to pay the full amount of the loan that is due. (f) In order for the County to enter into the plan of finance, the site on which the Lafayette Elementary School is located will be conveyed by the Board of Education to the County. (g) In order to secure the performance of the County's obligations under the Agreement, the County will execute and deliver a Deed of Trust (the "Deed of Trust''), granting a lien on the site on which the Lafayette Elementary School is located and all improvements and fixtures located and to be located thereon (the "Mortgaged Property"). (h) In order to facilitate the construction of the Project, the County will enter into a Rehabilitation Agreement (the "Rehabilitation Agreement'') with the Board of Education providing for the supervision of construction of the Project by the Board of Education. (i) There has been presented to the Board forms of the following documents relating to the transaction hereinabove described: (1) the Agreement; (2) the Deed of Trust; (3) the Rehabilitation Agreement; and (4) the Forward Delivery Agreement. 241 242 Section 2. The Board hereby approves the Agreement, the Deed of Trust, the Rehabilitation Agreement and the Forward Delivery Agreement in substantially the forms presented at this meeting. The Chairman or Vice Chairman of the Board or the County Manager is hereby authorized to execute and deliver on behalf of the County each such document in substantially the form presented at this meeting, containing such insertions, deletions and filling in of blanks as the person executing such document shall approve, such execution to be conclusive evidence of approval by the Board of any such changes. The Clerk to the Board is hereby directed to affix the corporate seal of the County to each such document and to attest the same. Section 3. No deficiency judgment may be rendered against the County in any action for breach of any contractual obligation under the Agreement or the Deed of Trust, and the taxing power of the County is not and may not be pledged directly or indirectly to secure any moneys due under the Agreement or the Deed of Trust. Section 4. The Chairman, Vice Chairman, County Manager, Finance Officer, County Attorney and the Clerk to the Board, and any other officers, agents and employees of the County, are hereby authorized and directed to execute and deliver such closing certificates, opinions and other items of evidence as shall be deemed necessary to consummate the transactions described above, including (a) the execution of any necessary financing statements relating to fixtures located on the Mortgaged Property and (b) the execution of any documents necessary for the conveyance of the Mortgaged Property to the County. Section 5. The Board hereby designates its obligations under the Agreement to be a qualified zone academy bond pursuant to Section 1397E of the Internal Revenue Code of 1986, as amended, and the regulations promulgated thereunder. Section 6. This resolution shall take effect immediately upon its passage. Upon motion of Commissioner Andrews, seconded by Commissioner McNeill, the foregoing resolution entitled "RESOLUTION AUTHORIZING THE EXECUTION AND DELNERY OF AN INSTALLMENT FINANCING AGREEMENT, A DEED OF TRUST, A REHABILITATION AGREEMENT AND RELATED DOCUMENTS IN CONNECTION WITH AN INSTALLMENT FINANCING FOR SCHOOL IMPROVEMENfS" was passed by the following vote: Ayes: Chairman Byrd, Commissioners Hill, Andrews, Titchener and McNeill Nays: None I, Kay B. Blanchard, Clerk to the Board, DO HEREBY CERTIFY that the foregoing is a true copy of such much of the proceedings of the Board of Commissioners of the County of Harnett, North Carolina, at a regular meeting held on April 19, 2004, as it relates in any way to the holding of a public hearing relating to an installment financing for school improvements and the passage of the foregoing resolution approving an installment financing for school improvements and that said proceedings are recorded in Minute Book No. 24 of the minutes of said Board, beginning on page _ and ending on page _. WITNESS my hand and corporate seal of said County this 19th day of April, 2004. ~./~ I to the Board [SEAL] Attachment 4. HARNETT COUNTY NORTH CAROLl NA NOTICE OF PUBLIC HEARING ON ROAD NAMING FOR ENHANCED 911 243. /--- A public hearing will be held by the Harnett County Board of Commissioners in the Harnett County Courthouse, Courtroom 6, located at 301 W Cornelius Harnett Blvd, Lillington, NC, at 7:00 p.m. on Monday, April 19, 2004. The purpose of this hearing is to hear the views of the residents of Harnett County on the requested road names listed below: New Road Bettie Hamilton Ln Ebony Ln Gateway Dr Norma Dr Heather Megan Ln Hidden View Dr Woodsleaf Ln Domino Ln Grandkids Acres Ln Hawley Loop Ln Bradshaw Farm Ln Entertainment Ln H & L Dr Huckleberry Ln J M Wallace Ln Spears Ln Off State Road Off SR2048 Bethel Baptist Rd Off SR1705 Fairground Rd Off SR1 002 Longbranch Rd Off SR1 002 Longbranch Rd Off SR1215 Rosser Pittman Rd Off SR1141 Micro Tower Rd Off SR1209 Barbecue Church Rd Off J R Wilson Ln/NC 82 Off SR1561 Red Hill Church Rd Off SR1403 Kipling Rd Off NC 210 S Off SR1779 Bunnlevel Erwin Rd Off SR2072 McNeill Hobbs Rd Off Koerner Ln/Byrds Pond Rd Off SR1229 McDougald Rd Off SR1222 Broadway Rd Townshio Anderson Creek Averasboro A verasboro A verasboro Barbecue Barbecue Barbecue Duke Grove Hector's Creek Lillington Stewart's Creek Stewart's Creek Stewart's Creek Upper Little River Upper Little River Comments 3 Landowners, 2 Agree, 1 No Response 4 Landowners, 3 Agree, 1 No Repsonse 1 Landowner 1 Landowner 1 Landowner 3 Landowners, 2 Agree, 1 No Response 1 Landowner No Agreement! Named by MIS Dept 2 Landowners, 2 Agree 1 Landowner 1 Landowner 3 Landowners, 3 Agree 3 Landowners, 2 Agree, 1 No Response 4 Landowners, 3 Agree, 1 No Repsonse 5 Landowners, 5 Agree 2 Landowners, 2 Agree For more information about this public hearing call the Harnett County MIS Department at (910) 893-7566. per Clint Williams Steps commissioners need to take to name portion of road "Strickland Road" 1. Get o.k. from property owner - in this case, the federal government Fort Bragg? Clint will communicate with them if you want him to. Do we have a name of someone for him to write? 2. Have Clint advertise (listing the proposed name) that there will be a public hearing. 3. After certain time from publication (10 days?) hold public hearing. 4. Consider by Board - can be at the same meeting as public hearing. + 244 Attachment 5. HARNETT COUNTY, NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE TEXT WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance on July 18, 1988 and June 5,2000 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. I 53A-340; and WHEREAS, the Zoning Ordinance contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to Article IV Sect. 14.0 Nonresidential MH, 15.0 Accessory Building 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 IV Sect. 14.0 Nonresidential MH, 15.0 Accessory Building of the Zoning Ordinance is amended by adding the following text: Section 14.0 Nonresidential Temnorarv Buildilllzs Temporary buildings used for nonresidential purposes may be located in any zoning district, but only if they are temporary uses such as construction field offices, construction supplies and equipment storage or temporary offices. Temporary land use permits and building permits for such uses shall be obtained from the appropriate administrative officials and shall be renewed every 180 days for a period not to exceed one year. Manufactured homes shall not be converted to storage buildings. Section 15 0 Accessorv BuildinlZs No accessory building shall be erected in any required yard or within five (5) feet of any other building. Accessory buildings not exceeding 600.sq. ft. may be permitted in the required side and rear yards provided such accessory buildings are at least five (5) feet from any property line and do not encroach into any required easements. Accessory buildings not exceeding 50 square feet and used exclusively to house well and pump equipment may be permitted in the required front, side and rear yards, provided such accessory buildings are at least five (5) feet from any property lines and do not encroach into any required easements or sight angles. An accessory building may be located on another contiguous or non-contiguous lot from the principal use with which it is associated, only to the extent that the principal use itself would also be permitted on such lot. In no case shall a manufactured home be used as an accessory buUdlng for storage or any other use other than a dweUing unit. Duly adopted this 19th day of April, Two Thousand four and effective upon adoption. ATTEST: ~.4. ~AJui Kay S. lanchard Clerk to the Board Attachment 6. HARNETT COUNTY, NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE TEXT WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance on July 18, 1988 and June 5, 2000 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the Geneml Assembly of the State of North Carolina, particularly G.S. I 53A-340; and WHEREAS, the Zoning Ordinance contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett CoWlty Planning Board has reviewed the amendment to Article IV Sect. 1.I.k of the Zoning Ordinance and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Article VI Sect.I.I.k of the Zoning Ordinance be amended by adding text. Add tbe text as eoDows to Article VI Sect.l.l.k; ARTICLE VI ZONING DISTRCITS AND REGULA nONS 1.1 PERMITrED USES k. Trades catering to households and business establishments Duly adopted this 19th day of April, Two Thousand Four and effective upon adoption. A TIEST: , ,I K:.~ .d', &tv..dvVtd Kay S. B chard , Clerk To The Board . Attachment 7. RESOLUTION OPPOSING REQUIREMENT OF COM:MUNlTY TRANSPORTATION SYSTEMS TO IMPLEMENT REGIONAL ORGANIZATIONAL STRUCTURES Beatrice l:J Hili, "M' ""~"..._ Dan B. Andrews Tim McNeill Welt Titchener WHEREAS, the Harnett County Community Transportation System provides safe, reliable, affordable and coordinated transportation to its citizens; and WHEREAS, the Harnett County Community Transportation System has steadily ~~fl1anchard, Clerk to the Board since its inception; and PO Box 759 102 East Front Street Ullington, NC 27546 WHEREAS, those services are provided under approved guidelines of the North Carolina Department of Transportation, Public Transportation Division, Harnett County Board of Commissioners and the Harnett County Transportation Advisory Board; and WHEREAS, North Carolina Department of Public Transportation has provided a draft resolution requiring community transportation systems to implement regional organizational structure; and WHEREAS, North Carolina Department of Transportation has not provided any information on how regionalization would be implemented or what effect it would have on small community transportation systems; and , WHEREAS, without detailed information Harnett CoWlty cannot properly evaluate the regionalization idea nor determine its effect on the local transportation system and hereby discourages any changes without proper notice, input and recommendations; and WHEREAS, the Harnett County Board of Commissioners has concurred in this recommendation. THEREFORE BE IT RESOLVED AS FOLLOWS: That the Harnett County Board of Commissioners hereby opposes the policy requiring each Community Transportation System receiving federal and/or state ftmds become a p, ~cipa~!tmC~ber, ofa regional transportation system within five years. / ' ~~,. ~lf f;I]&I~ . . " i',f", . .j\~?ll~'l9" day of April, 2004, I J:'=:;: ';,' ~ \' COUNTY BOARD OF COMMISSIONERS 'I" \~\" " /' '.~~1 ,;; \. ('l', ',' .' :~"::~ I' " ~~$T;;' I ~~~'iY:;,f ,;",-\ J l, " ''''~-'-1. ~_Lvul Ka~anChard Clerk to the Board ph: 910-893-7555 fax: 910-814-2662 245.