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02031992 531 HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, FEBRUARY 3, 1992 I The Harnett County Board of Commissioners met in regular session on Monday, February 3, 1992, in the Commissioners Meeting Room, County Office Building, Lillington, North Carolina, with the following members present: Mack Reid Hudson, Bill 'Shaw, Walt Titchener, Beatrice Bailey Hill, and Chairman Lloyd G. Stewart presiding. Others present were Dallas H. Pope, County Manager; W. Glenn Johnson, County Attorney; Vanessa W. Young, Finance Officer and Clerk to the board; and Kay s. Blanchard, Recording secretary. Chairman Stewart called the mee~ing to Qrder at 9 a.m. and Commissioner Hill led the invocation. Ray Stone, Highway Maintenance Engineer, North Carolina Department of Transportation, appeared before the Board to discuss road matters and situations in Harnett County. SOL KOZMA ADDRESSED Commissioner Titchener moved for approval of a request from Sol Kozma BOARD to be placed on the agenda. Commissioner Hill seconded the motion and it passed with a unanimous vote. Mr. Kozma addressed the Board regarding his concerns with various county matters. CORRECTION TO MINUTES Commissioner Titchener made a motion for approval of the minutes OF JANUARY 21 MEETING of the regular Board meeting, January 21, 1992, with a correction associa~ed with a motion he made concerning with the wastewater line project for Harnett Central High School and Harnett Central Middle School. Commissioner Hudson seconded the motion concerning correction to the minutes and it passed with a unanimous vote. The correction is to revise the above referenced motion to state "I make the motion that we terminate that project and reject any and all bids first of all, , and second of all that we support the Board of Education in their project in the 4" forced main, for the reasons I mentioned before". Commissioner Hudson made a motion to approve the following budget BUDGET fu~ENDMENT amendment for the Tax Department: TAX DEPT. Code 10-4500-003 Salaries & Wages, Part-time 8,500. increase 10-4500-045 Contracted Services 8,500. decrease Commissioner Shaw seconded the motion and it passed with a unanimous vote. Chairman Stewart excused County Attorney, Glenn Johnson, from the meeting due to Mr. Johnson being needed in court. SALARY GRADE RECLASS. Commissioner Shaw made a motion that the Public Buildings Supervisor PUBLIC BUILDINGS position, salary grade 68G, be reclassified to Public Buildings SUPERVISOR Director, salary grade 72D, effective date 1-1-92. Commissioner Hill seconded the motion and it passed with a unanimous vote. Gpc~ motion made by Commissioner Shaw and seconded by Commissioner CONSENT AGENDA APPROVEDHi:"l;' the Board voted unanimously to approve the following items from the Consent Agenda: - Minutes of the special meeting, January 24, 1992 DR. BARBARA LOWE - Appointment of Dr. Barbara A. Lowe, 716 Tilghman Drive, Dunn, APP'T TO BD. OF HEALTH to the Board of Health for a three-year term to expire 12-31-94. WAYLON SMITH APP'T TO - Appointment of Mr. Waylon F. Smith, Rt. 2, Box 229, Fuquay- BD. OF HEALTH Varina, to the Board of Health for a three-year term to expire 12-31-94. - Appointment of Mr. Lin Thomas, P. O. Box 355, Lillington, to LIN THOMAS APP'T TO the Harnett Youth Planning Board for a four-year term to YOUTH PLANNING BD. expire 12-31-95. - Reappointment of Mr. Henry Cox, P. O. Box 355, Lillington, to HENRY COX APP'T TO YOUTH PLANNING BD. the Harnett Youth Planning Board as exofficio member so long as he ~s e~?loyed in his present position as Chief Court ;:ounse:"cr, ~~ 11th District Court District. ~ 532 - Budget Amendments: Reqister of Deeds 1,500. increase Code 10-4800-045 Contracted Services Revenue: 10-3990-000 Fund Balance Appropriated 1,500. increase Public Utilities (Carolina Lakes) 1 Code 76-9022~020 Legal & Administrative - Carolina Lakes 20,000. increase Revenue: 7S-3660-001 General Obligation Bonds 20,000. increase Public Utilities (Southwest Operatinq) Code 37-9006-1560 Interfund Transfer-SW 17,000. decrease Revenue: 37-3990-006 Unappropriated Fund Balance - SW 17,000. decrease Public Utilities (Southwest Capital Proiect) Code 68-9011-1560 Interfund Transfer-SW 17,000. increase Revenue: 68-3990-006 Unappropriated Fund Balance - SW 17,000. increase Public Utilities (Bunnlevel/Riverside) Code 85-4150-001 Construction 69,974. decrease 85-4150-002 McDonald Plumbing 8,555. increase 85-4150-074 Equipment 16,825. increase 85-4150-080 Contingency 11,37!. increase Revenue: 85-3502-000 EPA 33,223. decrease Section 8 Existing Code 80-9900-4110 Administration - Salaries 22,959. increase 80-9900~4190 Sundry Admin. Expense 450. increase 80-9900-4400 Maintenance & Operation 1,000. increase 80-9900-4/15 HAP? Payments 98,720. increase Revenue: 80-3690-000 HUD 123,129. increase 10-3990-0CO Fund Balance Appropriated 549,689. increase Administration Code 10-4200-002 Salaries & Wages 246. increase 10-4200-005 FICA Tax Expense 19. increase 10-4200-007 Retirement Expense 13. increase 10-8800-160 Contingency 278. decrease Board of Elections Code 10-4300-002 Salaries & Wages 498. increase 10-4300-005 FICA Tax Expense 38. increase 10-4300-007 Retirement Expense 25. increase 10-8800-160 Contingency 56!. decrease Finance Code 10-4400-002 Salaries & Wages 1,038. increase 10-4400-005 FICA Tax Expense 80. increase 10-4400-007 Retirement Expense 52. increase 10-8800-160 Contingency 1,170. decrease DE.te Process::":lc Co~a :r-'45:-:~~ Salaries & Wages 246. increase 1G-445C-Jv5 ?::A Tax Expense 19. increase 1C-4450-007 Retirement Expense 13. increase 10-8800-160 Contingency 278. decrease Tax Department Code 10-4500-002 Salaries & Wages 1,320. increase 10-4500-005 FICA Tax Expense 10!. increase 10-4500-007 Retirement Expense 66. increase 10-8800-160 Contingency 1,487. decrease Reqister of Deeds Code 10-4800-002 Salaries & Wages 372. increase 10-4800-005 FICA Tax Expense 29. increase 10-4800-007 Retirement Expense 19. increase 10-8800-160 Contingency 420. decrease Public Buildinqs Code 10-5000-002 Salaries & Wages 2,076. increase 10-5000-005 FICA Tax Expense 159. increase 10-5000-007 Retirement Expense 104. increase 10-8800-160 Contingency 2,339. decrease S~eriff's D9p~~t~e~~ Co~e ~:-5100-002 Salariss & Wages 4,457. increase 10-5100-005 FICA Tax Expense 34l. increase 10-5100-007 Retirement Expense 196. increase 10-8800-160 Contingency 4,994. decrease , 533 Communications Code 10-5110-002 Salaries & Wages 365. increase 10-5110-005 FICA Tax Expense 28. increase I 10-5110-007 Retirement Expense 19. increase 10-8800-160 Contingency 412. decrease County Jail 1,473. increase Code 10-5120-002 Salaries & Wages 10-5120-005 FICA Tax Expense 113. increase 10-5120-007 Retirement Expense 7I. increase 10-8800-160 Contingency 1,657. decrease Emerqency Management Code 10-5250-002 Salaries & Wages 204. increase 10 - 5 2 5 0,- 0 0 5 FICA Tax Expense 16. increase 10-5250-007 Retirement Expense 10. increase 10-8800-160 Contingency 230. decrease Emerqency Services Code 10-5300-002 Salaries & Wages 216. increase 10-5300-005 FICA Tax Expense 17. increase 10-5300-007 Retirement Expense lI. increase 10-8800-160 Contingency 244. decrease Emerqency Medical Services Code iO-5400-002 Salaries & Wages 1,112. increase 10-5400-005 FICA Tax Expense 85. increase 10-5400-007 Retirement Expense 56. increase 10-8800-160 Contingency 1,253. decrease Procurement/Vehicle Maintenance Code 10-5550-002 Salaries & Wages 828. increase 10-5550-005 FICA Tax Expense 63. increase . 10-5550-007 Retirement Expense 42. increase 10-8800-160 Contingency 933. decrease Solid Waste Code 10-6600-002 Salaries & Wages 894. increase 10-6600-005 FICA Tax Expense 69. increase 10-6600-007 Retirement Expense 45. increase 10-8800-160 Contingency 1,008. decrease Division of Soil & Water Code 10-6700-002 Salaries & Wages 240. increase 10-6700-005 FICA Tax Expense 19. increase 10-6700-007 Retirement Expense 12. increase 10-8800-160 Contingency 27I. decrease Planninq & Inspections Code 10-7200-002 Salaries & Wages 750. increase 10-7200-005 FICA Tax Expanse 58. increase 10-7200-007 Retirement Expense 38. increase 10-8800-160 Contingency 846. decrease . Cooperative Extension Code 10-7300-002 Salaries & Wages 414. increase 10-7300-005 FICA Tax Expense 32. increase 10-7300-007 Retirement Expense 2I. increase 10-8800-160 Contingency 467. decrease Department of Human Resources Code 10-7400-002 Salaries & Wages 210. increase 10-7400-005 FICA Tax Expense 16. increase 10-7400-007 Retirement Expense lI. increase Revenue: 10-3480-060 Manpower Program 237. increase Health Department Code 10-7600-002 Salaries & Wages 4,359. increase 10-7600-005 FICA Tax Expense 334. increase 10-7600-007 Retirement Expense 218. increase 10-8800-160 Contingency 2,218. decrease Revenue: 10-3480-015 Family Planning 704. increase 10-3480-017 Home Health 1,144. increase 10-3480-018 T.B. Program 104. increase 10-3480-019 WIC Program 467. increase 10-3480-020 Health Promotion 127. increase 10-3480-022 Maternal Health 92. increase 10-3480-026 AIDS 55. increase 534 RSVP & Senior Citizen~ 192. increase Code 10-7720-002 Salaries & Wages 15. increase 10-7720-005 F1CA Tax Expense 10. increase :0-7720-\)07 Retirement' Expense 217. increase Revenue~ ~.0-3480-0e:i. Title III - RSVP Youth Services 174. increase Code 10-7730-002 Salaries & Wages 14. increase 10-7730-005 FIGA Tax Expense 9. increase 10-7730-007 Retirement Expense 197. increase Revenue: 10-3480-047 CBA Grants Library Salaries & Wages 522. increase Code 10-8100-002 40. increase 10-8100-005 FICA Tax Expense 10-8100-007 Retirement Expense 26. increase 10-8800-160 Contingency 588. decrease Parks & Recreation 204. increase Code 10-8200-002 Salaries & Wages 10'-8200-005 FICA Tax Expense 16. increase 10-8200-007 Retirement Expense 11- increase 10-8800-160 Contingency 23I. decrease Public Utilities (Water) 399. increase Code 32-90~~-~02 Salaries & Wages 3:-9J\::~CJ5 FICA Tax Expense 30. increase ::;2-g~>::. -,j07 ~etirems~t Expense 20. increase Revenue: 32-3g)O-OC1 ~~ap:?ro. Fund Balance-Water 449. increase Public Utilities (Sewer) increase Code 33-9002-002 Salaries & Wages 217. 33-9002-005 FICA Tax Expense 17. increase 33-9002-007 Retirement Expense 10. increase Revenue: 33-3990-002 Unappro. Fund Balance-Sewer 244. increase Public Utilities (South Central) Code 34-9003-002 Salaries & Wages 544. increase 34-9003-005 FICA Tax Expense 42. increase 34-9003-007 Retirement Expense 25. increase Revenue: 34-3990-003 Unappro. Fund Balance-SC 61I. increase Public Utilities (West Central) Code 35-9004-002 Salaries & Wages 145. increase 35-9004-005 FICA Tax Expense I!. increase 35-9004-007 Retirement Expense 7. increase RevenU2 35-3990-004 Unappro. Fund Balance-WC 163. increase P~blic Uti~ities (Northwest) Code 3G~3;C~-~02 Salaries & Wages 217. increase 3c-9005-~05 FICA Tax Expense 17. increase 36-9005-007 Retirement Expense I!. increase Revenue: 36-3990-005 Unappro. F"Uld Balance-NW 245. increase Public Utilities (Southwest1 Code 37-9006-002 Salaries & Wages 290. increase 37-9006-005 FICA Tax Expense 22. increase 37-9006-007 Retirement Expense 14. increase Revenue: 37-3990-006 Unappro. Fund Balance-SW' 326. increase Planninq Department & Cata Processinq Code 10-4450-011 Telephone & Postage-Data Processing 700. increase 10-4450-074 Capital Outlay-Equipment- Data Processing 16,472. increase 10-4450-016 Maintenance & Repair-Equip.- Data Processing 6,349. decrease 10-4450-045 Contracted Services-Data Processing 3,662. decrease :'..0-7200-G74 ~&pital uutlay-Equip.- P~en;}ing 7,16I. decrease ~~~l~c AS3~stz~=e C~~e _C-771J-~~1~ E~argency Eomeless Funds 807. increase Reven~e= :C-3(90-0G24 Ener~ency Homeless Funds 807. increase PETITION FROM GROUP Ms. Edna Baggett Crook, representing a group called "Concerned ON LOCATION OF COURT- Taxpayers of Harnett County", presented a petition to the Board HOUSE supporting the present location of the courthouse and requesting a public hearing before any change in the location of the courthouse is considered. Ms. Crook requested that the petition containing approximately 1700 signatures be made a part of these minutes. Ms. Lois Byrd, also a member of the group, read a letter to the Board requesting that the Board set a date for a public hearing concerning the long range housing needs of the county's governmental agencies before the primary elections of May, 1992. Ms. Byrd requested that the letter be made a part of these minutes. Chairman Stewart assured ~ 535 the group that there would be a public hearing before any decisions are made concerning this matter. COUNTY-WIDE AUTOMATED Melanie Collins, Library Director, introduced Mr. Royce Crelia, LIBRARY SYSTEM Harnett County Library Board Chairman, who made a presentation concerning a proposed county-wide automated library system which would provide access to all information services and library materials to all Harnett County residents by having an automated card catalog as well as a circulation system in each of the municipal libraries. The I Library Board requested support of the program from the Board of Commissioners and also funding support for the county-wide automated library system. Other funding sources for the proposed system would fund 75% of the cost and the amount requested from the County would not exceed $27,500. The exact amount for the County's portion is not known at this time. Commissioner Hudson moved that the Board support the program and appropriate the necessary funding for the project. Commissioner Titchener seconded the motion and it passed with a unanimous vote. Tom Meece, Industrial Development Director, briefed the Board on County Industrial Development operations and activities. PRESENTATION RE: Gayle P. Holder, Register of Deeds, briefed the Board on the current READER/PRINTER SYS. system for plat storage in the Register of Deeds office and FOR PLAT STORAGE IN recommended that the Board consider another system which would REGISTER OF DEEDS utilize less space and expense than the current system. The proposal is for a microfilm reader/printe~ ?nd, a cabinet to file map cards used with the reader/printer. Commissioner Hill moved for approval of the recommended microfilm reader/printer. system for use in the Register of Deeds office. Commissioner Titchener seconded the motion and it passed with a unanimous vote. A budget amendment needed to implement the new system will be considered at the next scheduled Board meeting, February 17, 1992. ADDITION PERSONNEL Gayle P. Holder, Register of Deeds, requested additional personnel IN REGISTER OF DEEDS positions for the Register of Deeds Department. Commissioner Hudson moved for approval of one new position for the Register of Deeds with a classification title of Deputy, salary grade 60-A, with effective approval date of February 3, 1992. Commissioner Titchener seconded the motion and it passed with a unanimous vote. A budget amendment for this will be considered at the next scheduled Board meeting, February 17, 1992. RESOLUTION RE: John M. Phelps, Public Utilities Attorney, presented for the Board's CAPE FEAR REGIONAL consideration a resolution regarding engineering service agreements WW SYS. PROJECT concerning the Cape Fear Regional Wastewater System Project. Commissioner Hudson moved for adoption of the resolution. Commissioner Shaw seconded the motion and it passed with the following vote: Ayes: 4, Noes: 1, Absent: 0 The resolution is copied in full at the end of these minutes as Attachment 1. RESOLUTION RE: John M. Phelps, Public Utilities Attorney, presented for the Board's CAPE FEAR REGIONAL consideration a resolution regarding amendment to engineering service WW SYS. PROJECT agreement concerning the Cape Fear Regional Wastewater System Project. Commissioner Shaw moved for adoption of the resolution. Commissioner Hudson seconded the motion and it passed with the following vote: Ayes: 4, Noes: 1, Absent: 0 The resolution is copied in full at the end of these minutes as Attachment 2. SOUTHWEST W & S Chairman Stewart stated that the Board would now consider matters DISTRICT RESOL. sitting in its capacity as the governing body of the Southwest Water AUTHORIZING SALE and Sewer District. John M. Phelps, Public Utilities Attorney, OF BONDS ,pr~sented for the Board's corsideration a resolution authorizing sale .of water bonds for the Southwest Water and Sewer District. Commi5sioner Shaw moved for adoption of the resolution. Commissioner Hudson seconded the motion and it passed with the following vote: Ayes: 4, Noes: 1, Absent: 0 The resolution is copied' in full at the end of these minutes as Attachment 3. BUDGET AMENDMENT Henry S. Thompson, ~eal~h Department Director requested the following HEALTH DEPT. ~udget amendment whlch In part reflects a request to rent office space In the Turlington Building on Harnett Street: Code 10-7600-002 Salaries & Wages 19,604. decrease 10-7600-013 Utilities 500. increase 10-7600-016 Maintenance & Repair-equip. 1,645. increase 10-7600-021 Building & Equipment Rent 1,250. increase 10-7600-054 Insurance & Bonds 450. increase 10-7600-058 Clinical Fees-General 17,509. increase Revenue: 10-3990-000 Fund Balance Appropriated 1,750. increase Commissioner Shaw moved for approval of the budget amendment. Comm~ssioner Titchener seconded the motion and it passed with a unanlmous vote. An appropriate rental agreement will be presented for the Board's consideration at the next scheduled Board meeting February 17, 1992. ' 536 " REQUEST FOR SURPLUS Dallas H. Pope, County Manager, briefed the Board on requests from N\1BULANCE Summerville Fire & Rescue, I nc . , Town of Lillington, and Northern Harnett Rescue Distr'ict, for an intergovernmental transfer of a county surplus ambulance~ Commissioner Titchener made a motion that the three requests for the county surplus ambulance be referred to the Emergency Medical Services Council for their evaluation and recommendations back to the Board of Commissioners. Commissioner Shaw seGonded the motion and it passed with a unanimous vote. REPORTS Reports for the month of January were filed with the Board from the Veterans' Service, and the Tax Department (including tax releases). A report from ~he Tax Attorney's office was also filed with the Board and i5 c~?ie~ i~ fL:: at the end of these minutes as Attachment 4. Bob:Jy L. Wicke:c, ~ax Ad~i~istrator, requested the following tax TAX REFUNDS refunds; 1. Robert Womble, Box 835, Lillington, NC $ 93.66 2. Kendle Phillips, McKeel, Rt. 6, Sanford, NC 3.74 3. C.R. Byrd & H. Watson, 1232 Chapel Hill Rd., Burlington, NC 240.46 4 . Jerry Gilchrist, Rt. 1, Fuquay-Varina, NC 44.02 5. Lauri & Darrell Dishongh, 7812 Sierra Trail, Spring Lake, NC 68.85 (1989) 44.88 (1990) 6. Vince Bryan Bowman 37.31 7 . Robert C. Bryan, P. O. Box 397, Dunn, NC 91. 60 (1988) 105.07 (1989) 113.34 (1990) 8. John L. & Doris Finger, c/o Tax Dept. 88.67 9. Ollie West McKay 2.85 10. Janet J. Signor 51.65 11. Roy H. Byrc, Rt. 1, Bunnlevel, NC 34.60 (1989) 31. 52 (1990) 12. O. ~ ,..,- Rt. 3, Lillington 10.53 ... . ".'lOlnaS, Commiss~o~er Sn~w ~oved for apprcval of the above listed tax refunds. Commissione~ Titche~er seconded the motion and it passed with a unanimous vote. REPORT ON UNPAID Bobby L. Wicker, Tax Administrator, presented the following report to 1991 TAXES ON REAL the Board on unpaid 1991 taxes on real property only (as of 1-31-92): PROPERTY Principal $1,347,176.08 , Interest $36,559.62 , Balance Due $1,383,735.70 There being no further business; the Harnett County Board of ADJOURNMENT Co~issioners meeting in regular session on February 3, 1992, duly adJourned at 12:30 'p.m. UJ)J~ tlo~rd %. Stewart, -Chairman 1~'tJ. ~~\N~~ Vanessa W. Young, Clerk t the B ' rd . ~P14,/)/ t0rUtMd 1 Kay S. 1anchard, Recording Secretary 537 ATTACHMENT 1. I RESOLUTION REGARDING ENGINEERING SERVICE AGREEMENTS THAT WHEREAS, the County of Harnett has heretofore entered into two Agreements for Engineering Services relative tO,the Cape Fear Regional Wastewater System project (the "Project"); and WHEREAS, one such agreement was entered into'with the firm of Marziano & Minier, P.A. and executed by the County on July l3, 1990; and WHEREAS, the other such agreement was entered into with the firm of Dewberry & Davis and executed by the county on July 13, 1990; and WHEREAS, since the execution of said agreements, the Board of Commissioners of the County of Harnett (the "Board") has authorized changes in the scope of the work associated with said agreements, to wit: a. The relocation of the Project's wastewater treatment plant from its initial location on the originally selected plant site to an area further east on said originally selected site; b. The relocation of the Project's . wastewater treatment plant from the originally selected site to a new site in the vicinity of the Harnett County Airport; and c. The separation of the Project's West Buies Creek Interceptor System into phases and the advertisement for bids for the construction of Phase 1 thereof; and WHEREAS, it is the desire of the Board to cause said agrnements to be conformed such that the same will be consistent with the previous directions of the Board as hereinabove stated; and WHEREAS, the Board further desires to set forth the costs inc\',:-red or to be incurred relative to the changes in scope of wor]~ as stated, so as to provide for the closeout of the design phase of the Project. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of t:he County of Harnett as follows: l. That the appropriate documentation be prepared to confirm the following changes in the scope of the work and the cos1:s therefor under that Agreement for Engineering Services with Mar~iano & Minier, P.A. as above described: a. The relocation of the Project's wastewater treatment plant from its initial location on the originally selected plant site to an area further east on said originally select site at the cost of $26,261. b. The relocation of the Project's wastewater treatment plant from the originally selected site to a new site in the vicinity of the Harnett County Airport at the cost of $72,345. 538 2. That the appropriate documentation be prepared to confirm the following changes in the scope of the work and the cost therefor under that Agreement for Engineering Services with the Dewberry & Davis as above described: The separation of the Project's West Buies Creek Interceptor System into phases a~d the advertisement for bids for the construct~on of Phase 1 thereof at the cost of $4,900. 3. That upon completion of the documentation above described, that the Chairman of and Clerk to the Board are hereby authorized and directed to execute the same for and in behalf of the County. ' Duly adopted this 3 day of February, 1992 upon motion made by Commissioner Hudson , seconded by Commissioner Shaw and adopted by the following vote. Ayes 4 Noes 1 Absent 0 Board of commissioners of the County of Harnett By: ~~,l h ~..~ ~Yd G. Stewart, Chairman Attest: \ '1L ,d. '-i~L~ Vanessa w.Young,(j:le~k ATTACHMENT 2. RESOLUTION REGARDING AMENDMENT TO ENGINEERING SERVICE AGREEMENT THAT WHEREAS, the County of Harnett (the County) has heretofore entered into an Agreement for Engineering Services with Dewberry & Davis, relative to the Cape Fear Regional Wastewater System Project and executed by the County on July 13, 1990; and WHEREAS, that due to requirements of the State of North J Carolina in the processing of the Northeast Harnett County, North Carolina 201 Wastewater Facility Plan Amendment (the 201 Amendment), Dewberry & Davis was required to perform certain services relative to ....evising said 201 Amendment for which said firm has requested compensation in the amount of $1,400; and WHEREAS, due to the requirements of the U.S. Fish and Wildlife I servi~e, Dewberry & Davis was required to perform certain services relat~ve to the relocation of interceptor lines in wetlands areas for which said firm has requested compensation in the amount of $20,000; and WHEREAS, the Board of Commissioners of the County of Harnett finds that said services were necessary in order for said firm to complete its work in a professional manner and finds that the compensation requested is reasonable therefor. - 539 NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett that: 1. The hereinabove referred to agreement betwe7n the County and Dewberry & Davis be ame~ded ~n such form and manner so as to author~ze the payment of additional compensation thereunder in the amount of $21,400. 2. The Chairman of and Clerk to the Board a:-e hereby authorized and directed to execute sa~d Amendment for and in behalf of the County. Duly adopted this 3 day of February, 1992 upon motion made by Commissioner Shaw " seconded by Commissioner Hudson , and adopted by the following vote. Ayes 4 Noes 1 Absent 0 Board of Commissioners of the County of Harnett ~-; ,1' - By: "~ ~7 /Ii:..u.:u.-v( Ulo G. ~tewart, Chairman ArT: / 1J~ '-{( .'{~.~/ Vanessa W. Young, ~;rkO ATTACHMENT 3. EXTRACTS FROM KINUTES OF BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, SITTING AS THE GOVERNING BODY OF SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY * * * * * * * * * * * * Commissioner Shaw presented the following resolution and moved that it be adopted: WHEREAS, the bond order hereinafter described has taken effect, and it is desirable to make provision for the issuance of bonds authorized by said bond order: NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett, sitting as the governing body of Southwest Water and Sewer District of Harnett County, North Carolina (the "Issuer"), as follows: 1. Pursuant to and in accordance with the water bond order adopted by the Board of Commissioners of the county of Harnett, sitting as the governing body of the Issuer, on March 6, 1989, the Issuer shall issue its bonds of the aggregate principal amount of $520,000 (the "Bonds'~). The period of usefulness of the capital project to be financed by the issuance of the Bonds is a period of forty years compu~ed from March 1, 1992. 2. The Bonds shall mature as hereinafter set forth. The Bonds shall be issuable in the_denomination of $5,000 each or any integral multiple thereof, shall be numbered so as to uniquely designate each Bond and such numbering shall be in I accordance with the system of the hereinafter designated bond registrar of the Issuer and shall be pay~le in annual install- ments on March 1 in each year as follows: $25,000 in each of the years 1993 to 2012, inclusive, and $20,000 in the year 2013. 3. The Bonds shall be dated March 1, 1992 and shall bear interest from their date at a rate or rates which shall be hereafter determined upon the public sale thereof and such inter- est shall be payable on September 1, 1992 and semi-annually thereafter on March 1 and September 1. 4. The Bonds shall be registered as to principal and interest, and shall bear the facsimile signatures of the Chairman of the governing body of the Issuer and the Clerk of the Issuer. A facsimile of the corporate seal of the Issuer shall be im- printed upon each of the Bonds. 540 5. Interest on the Bonds shall be paid by che~k by First-citizens Bank & Trust Company, Raleigh, North Carol1na, as paying agent, and mailed to the registered owner of , record as of the fifteenth day of the calendar month next preced1ng the interest payment date at his address as it appears on the b~nd re~istry books of First-citizens Bank & Trust Company, Ra~e1~h, North Carolina as bond registrar and transfer agent. Pr1nc1pal of the Bonds shall be paid by check by First-Citizens Bank & Trust Company upon presentation of the Bonds for payment. 6. The Bonds maturing on and after March 1, 2003 shall be subject to redemption prior to their stated ma~urities at the option of the Issuer on or after March 1, 2002, 1n whole at any time or in part on any interest payment date, at a redemption price equal to the principal amount of each Bond tO,be redeemed together with accrued interest thereon to the redempt10n date plus a redemption premium of one-half of one percent (1/2 of 1%) of the principal amount of each Bond to be redeemed for,each period of twelve months or part thereof between the redempt10n date and the maturity date of each Bond to be redeemed, provided that such premium shall not exceed two percent (2%) of such , principal amount. If less than all of the Bonds of any matur1ty are called for redemption, the Bonds to be redeemed shall be selected by lot. If less than all of the Bonds of different maturities are called for redemption, the Bonds to be redeemed shall be called in the inverse order of their maturities. If less than all of the principal amount of a single Bond ,is to be redeemed, the Issuer shall exchange a Bond of the denomination representing the portion of the Bond not redeemed to the registered owner in exchange for the Bond a portion of which is to be redeemed. Whenever the Issuer shall elect to redeem Bonds, notice of such redemption of Bonds, stating the redemption date, redemption price and identifying the Bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there shall become due and payable upon each Bond or portions thereof so as to be redeemed, the principal thereof, redemption premium and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue, shall be given not less than 30 days nor more than 45 days prior to the redemption date in writing to the registered owners, by pre-paid first class mail, at their addresses as such addresses appear on the records of First-Citizens Bank & Trust Company, as bond registrar, but any failure in respect of such mailing will not affect the validity of the redemption. 7. The Bonds and the provisions for the registration of the Bonds, for the approval of the Bonds by the Secretary of the Local Government Commission and for authentication of the Bonds by First-Citizens Bank & Trust Company, as transfer agent and bond registrar, to be endorsed thereon shall be in substan- tially the following form: NO. R- $ united states of America state of North Carolina SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY WliTER BOND INTEREST MATURITY DATE OF RATE ,DATE ORIGINAL ISSUE CUSIP March 1, 1992 REGISTERED ~~"~R: PRINCIPAL SOH: DOLLARS The SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY (hereinafter referred to as "District"), a county water and sewer district of the State of North Carolina, acknowledges itself ~ndebted and for value received hereby promises to pay to the reg1stered owner named above, on that date specified above, upon surrender hereof, the principal sum shown above and to pay to the registered owner hereof interest thereon from the date of this bond until it shall mature at the rate per annum specified above, payable September 1, 1992 and semi-annually thereafter on March 1 and September 1 of each year. Principal of this bond is I payable by ~heck by Fi:st-citizens Bank & Trust Company, Raleigh, North Carol1na, as paY1ng agent, or by the duly appointed alter- nate or successor pay~ng agent (the "Paying Agent"), in such coin or currency of the Un1ted States of America as at the time of payment shall be legal tenoer for the payment of public and pr1~ate debts. ~nterest on thi3 bond is payable by check by the PCiY1ns; Agam: and mailed to the registered owner hereof at his a~d:ess.as it appears on the bond registry books of First- C1t1zens Bank & Trust Company, Raleigh, North Carolina, as transfer agent and bond registrar (the "Transfer Agent") at the close of business on the fifteenth day of the calendar m~nth next preceding each interest payment date. This bond is transferable by the registered owner hereof or his duly authorized attorney at the principal office of the Transfer Agent, upon surrender of this bond, accompanied by a duly executed instrument of transfer in form and with guaranty of signature satisfactory to the Transfer Agent, and upon payment of any taxes or other governmental charges incident -- 541 to such transfer. Upon any such transfer a new registered bond without coupons of the same maturity and in the same aggregate . principal amount will be issued to the transferee. The person 1n whose name this bond is registered shall be deemed the owner hereof for all purposes, and the District and the Transfer Agent shall not be affected by any notice to the contrary. This bond is issued in accordance with the Registered Public Obligations Act, Chapter 159E of the General statutes of North Carolina, and pursuant to The Local Government Finance Act of the state of North Carolina, as amended, a bond order adopted by the Board of Commissioners of the County of Harnett, sitting as the governing body of the District, on March 6, 1989 (the "Bond Order") and a resolution adopted by said Board (the "Resolution") to pay capital costs of improving water facilities of the District. The issuance of this bond and the contracting of the indebtedness evidenced thereby have been approved by a majority of the qualified voters of the District voting at an election held in the District on April 25, 1989. The bonds maturing on and after March 1, 2003 shall be subject to redemption prior to their stated maturities at the option of the District on or after March 1, 2002, in whole at any time or in part on any interest payment date, at a redemption price equal to the principal amount of each bond to be redeemed together with accrued interest thereon to the redemption date plus a redemption premium of one-half of one percent (1/2 of 1%) of the principal amount of each bond to be redeemed for each period of twelve months or part thereof between the redemption date and the maturity date of each bond to be redeemed, provided that such premium shall not exceed two percent (2%) of such principal amount. If less than all of the bonds of any maturity are called for redemption, the bonds to be redeemed shall be selected by lot. If less than all of the bonds of different maturities are called for redemption, the bonds to be redeemed shall be called in the inverse order of their maturities. If less than all of the principal amount of a single bond is to be redeemed, the District shall exchange a bond of the denomination representing the portion of the bond not redeemed to the registered owner in exchange for the bond a portion of which is to be redeemed. Whenever the District shall elect to redeem bonds, notice of such redemption of bonds, stating the redemption date, redemption price and identifying the bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there shall become due and payable upon each bond or portions thereof so to be redeemed, the principal thereof, redemption premium and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue, shall be given not less than 30 days nor more than 45 days prior to the redemption date in writing to the registered owners, by pre-paid first class mail, at their addresses as such addresses appear on the records of First-Citizens Bank & Trust Company, as bond registrar, but any failure in respect of such mailing will not affect the validity of the redemption. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of North Carolina to exist, be performed or happen prece- dent to or in the issuance of this bond, exist, have been per- formed and have happened, and that the amount of this bond, together with all other indebtedness of th~ District, is within every debt and other limit prescribed by said Constitution or statutes. The faith and credit of the District are hereby pledged to the punctual payment of the principal of and interest on this bond in accordance with its terms. This bond shall not be valid or become obligatory for any purpose or be entitled to any benefit or security under the Bond Order or the Resolution until the certifications hereon shall have been signed by the authorized representatives of the Local Government Commission of North Carolina and First-citizens Bank & Trust Company. IN WITNESS WHEREOF, the District has caused this bond to bear the facsimile signatures of the Chairman of the governing body of the District and the Clerk of the District and a fac- simile of the corporate seal of the District to be imprinted hereon, and this bond to be dated March 1, 1992. I (facsimile sianaturel Chairman, governing body of Southwest Water and Sewer District of Harnett County (DISTRICT) ( SEAL) (facsimile sianaturel Clerk, Southwest Water and Sewer District of Harnett County 542 TRANSFER AGENT'S CERTIFICATE OF AUTHENTICATION This bond is one of the bonds of the ~ss~e desi~nated herein and issued under the provisions of the w1th1n-ment1oned bond order and resolution. FIRST-CITIZENS BANK , TRUST COMPANY BY: Authorized Signatory Date of Authentication: cZ;':'.lo.:':::.li'.:~A'l'2 02' LOCAL GOVERNMENT COMMISSION The issuance of the within bond has been approved under the provisions of The Local Government Bond Act of North Carolina. {facsimile sianature' Robert M. High Secretary, Local Government Commission ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto , the within Bond and irrevocably appoints attorney-in-fact, to transfer the within Bond on t~e b~oks.kept for registration thereof, with full power of Subst1tut10n 1n the premises. Dc..ted: The signature to this NOTICE: assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without any alteration whatsoever. signature Guaranteed: 8. Bonds, upon surrender thereof at the office of the bond registrar and transfer agent together with an assignment duly executed by the registered owner or his attorney or legal repre- sentative in such form as shall be satisfactory to the bond registrar and transfer agent, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of Bonds of the same maturity, of any denomination or denominations authorized by this resolution and bearing interest at the same rate. 9. Actions taken by officials of the Issuer to select paying and transfer agents, and a bond registrar, or alternate or successor agents and registrars pursuant to Section 159E-8 of the Registered Public Obligations Act, Chapter 159E of the General Statutes of North Carolina, are hereby authorized and approved. 10. The Local Government Commission of North Carolina is hereby requested to sell the Bonds and to state in the Notice I of Sale of the Bonds that bidders may name one rate of interest for part of the Bonds and another rate or rates for the balance of the Bonds. The Bonds shall bear interest at such rate or rates as may be named in the proposal to purchase said Bonds which shall be accepted by said Local Government Commission. 11. The Chairman of the governing body of the Issuer and Clerk of the Issuer are hereby authorized and directed to cause the Bonds to be prepared and, when they shall have been duly sold by said Local Government Commission, to execute the Bonds and to turn the Bonds over to First-Citizens Bank & Trust Company for delivery to the purchaser or purchasers to whom they may be sold by said Local Government Commission. 12. The Issuer covenants to comply with the provisions of the Internal Revenue Code of 1986, as amended (the "Code"), to ~he extent required to preserve the exclusion from gross income of 1nterest on the Bonds for Federal income tax purposes. 543 13. The Issuer hereby represents that (i) the Bonds are not private activity bonds as defined in the Code and (ii) the Issuer, together with any subordinate entities of the Issuer and any entities which issue obligations on behalf of the Issuer, reasonably expects that it will not issue more than $10,000,000 of tax-exempt obligations (other than private activity bonds which are not qualified as 501(c) (3) bonds) during the current calendar year. In addition, the Issuer hereby designates the Bonds as "qualified tax-exempt obligations" for the purposes of section 265(b)(3) of the Code. 14. The power to make any election on behalf of the Issuer with respect to the arbitrage rebate provisions of the Code applicable to the Bonds is hereby delegated to the Chairman of the governing body of the Issuer and the Finance Officer of the Issuer. The motion having been duly seconded, and the resolution having been considered, it was adopted by the following vote: AYES: 4 NAYS: 1 * * * * * * * * * * * * ATTACHMENT 4. FROM: E. Marshall Woodall, County Tax Attorney RE: MONTHLY REPORT TO COMMISSIONERS AND STATEMENT OF FEES AND CHARGES FOR THE MONTH OF JANUARY 1992 1. Tax Suits Dismissed: NAME SUIT NO. *AMOUNT COL. **COURT ATTORNEY COSTS FEES Averasboro Townshio Strickland, Mary L. 88 CVD 1452 1,261.95 393.00 340.00 Distributors Investment 91 CVD 1257 2,442.15 226.62 175.00 Duke T01rmshio M(::Lean, Thurman 89 CVD 0664 745.33 389.00 350.00 Hector's Creek Robinson, Bessie No CVD 593.19 75.00 75.00 Johnsonville Townshio McGilberry, Neil 91 CVD 1109 989.72 230.00 175.00 Stewart's Creek Township Jenkins, Eddie 91 CVD 0005 482.53 270.00 200.00 Subtotal 6,514.87 1,583.62 1,315.00 NOTE: * Total collected includes taxes, interest and Court costs. ** Court costs includes attorney fees allowed by Court. Additional Attorney's Fees: None TOTAL ATTORNEY'S FEES $1,315.00 2. Advanced Costs: DATE EXPLANATION CHARGE 1-2-92 Lillington Postmaster - postage Willie McNeill - 91 CvD 1466 1. 62 1-3-92 Lillington Postmaster - restricted delivery mail Jack Sealey - 91 CVD 0621 5.02 1-3-92 Lillington Postmaster - restricted delivery mail Carolyn Oxender - 91 CVD 0621 5.02 1-14-92 Sheriff of Guilford County - service fee Blanche Walker - 92 CVD 0018 15.00 1-29-92 Lillington Postmaster - postage Mickey .Matthews - 92 CVD 0097 2.43 TOTAL ADVANCED COSTS 29.09 544 SUMMARY OF CHARGES & FEES Attorney's fees - Tax Suits 1,583.62 Advanced Costs 29.09 BALANCE DUE $1,612.71 3. New Suits Started during the month of January, 1992 ~~gerson Creek Township Willie McNeill Grove Township Mickey Matthews Johnsonville Township Frederick Sherwood '" r{A ~ 0€A oj LrUA J~:r-J;.i~ \ . E. Marshall Woodalf Post Office Box 39 Lillington, NC 27546 Telephone: (919) 893-5191 HARNETT COUNTY BOARD OF Cm1MISSIONERS SPECIAL MEETING, FEBRUARY 4, 1992 The Harnett County Board of Commissioners met in a special joint work session with the Harnett County Planning Board and the Harnett County JOINT MEETING WITH Zoning Ordinance Board of Adjustment on February 4, 1992, in the BOARD OF ADJUSTMENT Commissioners Meeting Room, County Office Building, Lillington, North AND PLANNING BOARD Carolina, with the following members present: Board of Commissioners P1anninq Board Board of Adiustment L:Loyd G. Stewart John Milton McKoy Jack Scalf Bi~l C~c..w Terry Abney C. P. Tarkington Beat~:c3 Ea~ley Hill Guy Cayton H. L. Sorrell Wa~ ~ ,"-'5_ "':ctener E. Thomas Moore Lois Hall Mack ~eiQ Hudso~ James Stancil Stuart Stoval Eugene C. Wall Dan Andrews Blount Whiteside Harold Allen (former member) Others present were Dallas H. Pope, County Manager, and Tony Wilder, Assistant County Manager. The following staff members from the Planning Department briefed the boards during the work session: George Jackson, Cathy Gardner, Tom Taylor, Pamela Williams, Billy Ray Strickland, and Stacy Vinciguerra. Chairman Stewart called the meeting to order at 7 p.m. and Rev. Tarkington gave the invocation. Discussion was then conducted with the three boards associated with ordinance provisions concerning zoning, manufactured mobile homes, and subcivisions. ADJOURNMENT The jo~n~ w~rk session adjourned at 3:55 p.m. ~ JJ Al~/ KloteJZ. Stewart, Chairman I r" ! ~ ! . "t I '~I ./! I I VP~V~ Iv. jUjV~/ Vanessa W. Young, Clerktto the~oard !)p...-t./ ~{ dlfUJtlJlrLM Kay . (~lanchard, Recording Secretary