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Home My WebLink About10171994 590 HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR ~rnETING, OCTOBER 17, 1994 The Harnett County Board of Commissioners met in regular session on Monday, October 17, 1994, in the Commissioners Meeting Room, County Office Building, Lillington, North Carolina. M€~bers present: H. L. Sorrell, Jr. , Chairman Beatrice Bailey Hill, Vice Chairrr.an Dan B. Andrews I Joseph T. Bowden Walt Titchener Staff present: Neil Emory, County Manager Wm. A. (Tony) Wilder Dwight W. Snow Vanessa W. Young Kay S. Blanchard Chairman Sorrell called the meeting to order at 7 p.m. and Commissioner Andrews offered the invocation. Commissioner Hill made a motion to add the following items to the Agenda: Interlocal government agreement with the Town of Coats; Restitution coordinator position; and to the Consent Agenda, a budget amendment for MIS Department. Commissioner Andrews seconded the motion and it passed with a unanimous vote. Cotlmissioner Bowden moved to approve the agenda as published with the additions noted above. Commissioner Titchener seconded the motion and it ~assed with a unanimous vote. U~~n motion by Commissioner Hill and seconded by Commissioner Bowden, t~a Board unanimously approved the following items on the Consent CONSENT AGENDA: A,<;;cnda: 1. Minutes: Regular Meeting, September 19, 1994 Special Meeting, September 21, 1994 Regular Meeting, October 3, 1993 2. Budget Amendments: I South Central III Capital pro;ect Code 79-9025-0200 Legal & Admin. SC III $295. increase Revenue: 79-3290-0000 Interest on Investments 295. increase Capital Reserve Code 70-9810-0020 Transfer to Animal Shelter 70,000. increase Revenue: 70-3990-0000 Fund Balance-Appropriated 70,000. increase Board of Elections Code 10-4300-0120 Printing & Binding 2,055. decrease 10-4300-0740 Capital Outlay 2,055. increase Transportation Code 10-5551-0110 Telephone & Postage 131- increase R€~enue: 10-3830-0300 Miscellaneous Revenue 131. increase Social Services Code 10-7710-1540 Special Children's Account 386. increase Revenue: 10-3830-0334 Donations-Social Services 386. increase This End U~ Furniture Code 63-9020-0020 T.A. Loving 54,664. increase 63-9020-0030 Hendrix-Barnhill 278,758. increase 63-9020-0200 Legal & Administrative 20,000. increase 63-9020-0300 Engineering 25,000. increase 63-9020-0800 Contingency 128,422. decrease Revenue: 63-3700-0000 Industrial Bldg. Renovation Fund 250,000. increase Department of Social Services I Code 10-7710-0610 Non-FSA Day Care-25 75,258. increase ReY3nue: 10-3480-0027 Day Care Non-FSA 75,258. increase . Ncrtheast Metropolitan Code 32-9001-0020 Salaries & Wages 3,100. increase 32-9001-0050 FICA Tax Expense 238. increase 32-9001-0070 Retirement Expense 155. increase 32-9001-0072 Supplemental Retirement 31. increase Re'\"anue: 32-3990-0000 Fund Balance Appropriated 3,524. increase South Central III Capital Pro;ect Code 34-9003-0020 Salaries & Wages 512. increase 34-9003-0050 FICA Tax Expense 40. increase 34-9003-0070 Retirement Expense 26. increase 34-9003-0072 Supplemental Retirement 6. increase Revenue: 34-3990-0000 Fund Balance Appropriated 584. increase 591 Planninq & Inspections Code 10-7200-0020 Salaries & Wages 3,540. increase 10-7200-0050 FICA Tax Expense 271. increase 10-7200-0070 Retirement Expense 176. increase 10-7200-0071 Supplemental Retirement 36. increase Revenue: 10-8800-1600 Contingency 4,023. decrease Youth Services Code 10-7730-0020 Salaries & Wages 983. increase 10-7730-0050 FICA Tax Expense 76. increase 10-7730-0070 Retirement Expense 49. increase I 10-7730-0071 Supplemental Retirement 10. increase Revenue: 10-8800-1600 Contingency 1,118. decrease Manaqement Information Services Code 10-4450-0020 Salaries & Wages 825. increase 10-4450-0050 FICA Tax Expense 64. increase 10-4450-0070 Retirement Expense 41. increase 10-4450-0071 supplemental Retirement 9. increase Revenue: 10-8800-1600 Contingency 939. decrease Vehicle Maintenance Code 10-5550-0020 Salaries & Wages 2,697. increase 10-5550-0050 FICA Tax Expense 135. increase 10-5550-0070 Retirement Expense 207. increase 10-5550-0071 Supplemental Retirement 27. increase Revenue: 10-8800-1600 Contingency 3,066. decrease Parks & Recreation Code 10-8200-0020 Salaries & Wages 673. increase 10-8200-0050 FICA Tax Expense 52. increase 10-8200-0070 Retirement Expense 34. increase 10-8200-0071 Supplemental Retirement 7. increase Revenue: 10-8800-1600 Contingency 766. decrease Manaqement Information Services Code 10-4450-0740 Capital Outlay-Equipment 12,805. increase Revenue: 10-3990-0000 Fund Balance Unappropriated 12,805. increase DISPOSTION OF RECORDS 3. Disposition schedule for Finance Office (Attachment 1) FINANCE OFFICE 4. Lease agreement for Buckhorn container site with Odell F. Hardee I LEASE AGREEHENT FOR and wife Ruby Powell Hardee for a period of one year at rental BUCKHORN CONTAINER SITE rate of $1,200. 5. Resolution recognizing Association of Retarded Citizens RESOLUTION RE: ARC (Attachment 2) SUBDIVISION FINAL PLATS 6. Subdivision Final Plats A. Starwood at Overhills B. The Homestead II C. Brandywood D. Heritage Village, Phase III, Section I E. Heritage village, Phase III, Section II COUNTY THaROUGHFARE PLAN Chairman Sorrell called to order a public hearing on proposed Harnett County Thoroughfare Plan. Tom Taylor, Chief Planner, provided an overview of the proposed plan and stated that the purpose of the public hearing was to obtain comments from the public concerning the matter. Chairman Sorrell opened the meeting for public comments. No comments were offered and Chairman Sorrell closed the public hearing. Commissioner Andrews moved for adoption of a Resolution Adopting a Thoroughfare Plan for the County of Harnett, North Carolina. Commissioner Bowden seconded the motion and it passed with a unanimous vote. (Attachment 3) INSTALLMENT FINANCING Chairman Sorrell called to order a public hearing on a proposed FOR CONSTRUCTION OF Resolution Approving the Installment Financing of the Acquisition, SCHOOL FACILITIES, Construction and Equipping of Primary and Secondary School Facilities, HEALTH & SOCIAL SERVICES, a County Health and Social Services Facility, c, Mental Health MENTAL HEALTH FACILITY, Facility, and Water system Improvements and making Certain Findings WATER SYSTEM IMPROVEHENTS and Determinations in Connection Therewith. Ctairman Sorrell I recognized Neil Emory, County Manager, to brief the group concerning the purpose of the public hearing. Mr. Emory b~iefed the group on the proposed installment financing contract and gave an overview of the proposed undertakings and wh~re the money would come from. Mr. Emory stated that the purpose of the public hearing was to obtain comments from the public concerning the matter. Chairman Sorrell opened the meeting for public comments. Comments were provided by one citizen: Mr. Carl Fitchette, Jr. , Dunn, NC, commended the Board and staff on the ambitious plan and suggested that a bond referendum might be a better way to obtain funds. Mr. Fitc&atte stated that he wants the County to "get good buildings for the money, particularly schools" and suggested that a "clerk of the works" be employed to oversee the general construction of the buildings. There being no further comments, Chairman Sorrell closed the public hearing at 7:15 p.m. 592 .. Neil Emory, County Manager, presented for the Board's consideration a proposed Resolution Approving the Installment Financing of the Acquisition, Construction and Equipping of Primary and Secondary School Facilities, a County Health And Social Services Facility, a Mental Health Facility, and Water System improvemer,~s and Making Certain Findings and Determinations in Connection ~:.3rewith. After d~~cussion by the Board, Commissioner Bowden moved '::> adopt t.he , re'lolution. Commissioner Titchener seconded the mt '.:on and it passed w~ .1 a unanimous vote. (Attachrr.ent 4) :"',-ormal comments were presented by Ms. Martha 'Harc':-o.:.ck, Dunn, ,who I ~":,,'ressed concern3 about t~e Animal Control sectio:- of Environmental 0, .lth. - ZONING CHANGE C~~irman Sorrell called to order a public hearing on zoning change REQUESTS: request application for Charles and Martha Hardwick, et aI, from Industrial to RA-30 Zoning District, Averasboro Township, SR 1822, 5.08 acres. George Jackson, Planning Director, presented the application and briefed the group that the purpose of the public hearing was to obtain comments from the public concerning the zoning change request. Chairman Sorrell opened the meeting for public CHARLES & MARTHA comments. No comments were offered and Chairman Sorrell closed the HARD~HCK, 'ET AL public hearing. Mr. Jackson presented the application for consideration by the Board. The Planning Board recommended approval of the zoning change request. Commissioner Titchener made a motion to approve the zoning change request. Commissioner Hill seconded the motion and it passed with a unanimous vote. Chairman Sorrell called to order a public hearing on zoning change .. rv~uest application for John W. Simpson, from RA-3C to RA-20R Zoning JOHN W. SIHPSON E~~trict, Averasboro Township, SR 1715, 19.5 acres. George Jackson, ~~':nning Director, presented the application and briefed the group t' ,t the purpose of the public hearing was to obtatn comments from the ~., lie concerning the zoning change request. Chai~'.Jan Sorrell opened ...' meeting for public comments. Comments were re..::.dved from the F,::.:>licant, John W. Simpson, who stated that he has plans to create 31 b~~gle family housing lots on the property with restrictions of r~~idential houses with a minimum of 1,400 square feet. There being no further comments, Chairman Sorrell closed the public hearing. Mr. Jackson presented the application for consideration by the Board. The Planning Board recommended approval of the zoning change request I and also felt that two remaining one half acre developed lots adjoining Mr. Simpson's property should also be rezoned to a RA-20R zoning district. Commissioner Titchener made a motion to approve the zoning change request and also to rezone the additional two lots as recommended by the Planning Board. Commissioner Bowden seconded the motion and it passed with a unanimous vote. Chairman Sorrell called to order a public hearing on zoning change request application for Tommy and Debra Stephens, et aI, from RP;-20M TOMMY & DEBP.A to RA-30 Zoning District, Grove Tow~ship, SR 1549 and SR 1550, 324.4 STEPHENS, ET AL ac:ces . George Jackson, Planning Director, presented the application ~~,~ briefed the group that the purpose of the publ~c hearing was to ,:.':ain comments from the public concerning the zon:~ng change request. l;.'~,irman Sorrell opened the meeting for public corr':_~3~ltS. Comments " 3 provided by the following citizens: " 1. Tommy Stephens, applicant 2. W. Glenn Johnson, Attorney representing A:bert Gregory and others - opposing T:-,~re being no further comments, Chairman Sorrell closed the public hearing. Mr. Jackson presented the application for consideration by the Board. The Planning Board recommended that the request be denied. Commissioner Andrews made a motion to approve the zoning change request. The motion did not receive a second. Commissioner Titchener made a motion to table the matter to give the commissioners an opportunity to visit the property for further study. Commissioner Andrews seconded the motion and it passed with a unanimous vote. Commissioner Bowden moved for the appointments listed below. APPOINTNENTS Commissioner Titchener seconded the motion and it passed with a unanimous vote. 1. Domiciliary Home Community Advisory Committee I - Martha Purdie, Lillington, for a one-year term to expire October 31, 1995 2. Harnett County Advisory Personnel Board - Jesse Alphin, reappointed for a three-~ ,aar term to expire October 31, 1997 - Larry Spell, reappointed for a three~ye~= term to expire October 31, 1997 - Bill Randall, reappointed for a three-year term to expire October 31, 1997 - Leo McDonald, reappointed as an alternate member for a three-year term to expire October 31, 1997 - John McKoy, reappointed as an alternate ::.lember for a three-year term to expire October 31, lfJ97 - Jeff Turlington, reappointed as an al t'~rnate member for a three-year term to expire October 31, 1997 - -----~- .. .t\',l'~'!\~ ." , ~ -~ '\ "-, . 593 3 . Flatwoods Community Fire Department appointments to the local Fireman's Relief Fund as Trustees - Gordon Patterson - Donald Graves I ANIMAL CONTROL FACILITY Neil Emory, County Manager, reported to the Boa~d that bids have been received for construction of the Animal Control Shelter and that all bids were over budget. In order that the building be built as soon as possible, staff will develop a recommendation which will be presented for the Board's consideration at their next regular meeting. RELEASE OF FUNDS TO Commissioner Bowden moved to adopt a resolution releasing Harnett County's share of state funds to Mid-Carolina Council of Government HID-CAROLINA COG for development purposes. Commissioner Sorrell seconded the motion and it passed with a unanimous vote. (Attachment 5) Wm. A. (Tony) Wilder, Assistant County Manager, reported, to the Board CDBG APPLICATION that Harnett County received an excellent score on the Community RULED INELIGIBLE Development Block Grant application submitted for the Shawtown FOR PROPOSED SHAWTOWN Revitalization project, but was ruled ineligible due to ~1990 PROJECT outstanding CDBG (Boyt Industries). The County may reapply for the upcoming grant year. The matter will be brought back to the Board at a future meeting. Reports were filed with the Board from Emergency Medical Service, Planning/Inspections/Housing, Health Department, Sheriff's Department, General Fund Revenues, and Intra-Departmental Eudget Amendments (Attachment 6) Chairman Sorrell stated that the Board would now consider matters EAST CENTRAL W & S sitting as the governing body of East Central Water and Sewer District. Neil Emory, County Manager, presented for the Board's consideration an interlocal government agreemen'c between East Central Water and Sewer District and the Town of Coats concerning expansion of water services into the extraterritorial district of the Town. Commissioner Hill moved that the East Central Water and Sewer District enter into the contract as presented. Commissioner Andrews seconded the motion and it passed with a unanimous vote. (Attachment 7) Chairman Sorrell closed the East Central portion of the meeting. Commissioner Bowden made a motion to extend the Restitution RESTITUTION COORDIN. Coordinator position in Youth Services Department from half-time to POSITION EXTENDED a full-time position. Commissioner Titchener seconded the motion and TO FULL-TIME it passed with a unanimous vote. At 9:10 p.m. Chairman Sorrell recessed the Harnett County Board of MEETING RECESSED UNTIL Commissioners meeting, October 17, 1994, to be reconvened November 2, NOVEMBER 2, 1994 1994, at 9:00 a.m. ~ /?q~~ 1l. . ~rell,/ . ., Chairman ~_..., ......fJJ.'Y/~_ Vanessa W. Young, Cl~ to ~e Board r:aX ~I S. &-dM.dtiVld Kay . lanchard, Recording Secretary I ~w . _____ 594 , Attachment 1. COUN'!'''l OF HARNETT / FINANCE OFFICE " (910) 893-7557 FINANCE OFFICER ' V ANI!SSA W. YOUNO j)IsposmoN SCHEDULE .... - ...~.... - , ~ ~. .. .. .. . -~.. .. . .... i' ,. "'. ,~.. \. .,. - ",': ,.:- ;,~ _,'; !::?:'~; October 3. 1994 C-.,'. ,_: -,- --9~:; / L !. /0 J 1 - -.,- /' , . [;..;,; -,. ...----;, /!;' - '"':. j k. . ~..~f~ :<'c Payroll computer reports shredded September, 1994: 1. 1992 Direct Deposit Edit Report 2. 1992 Credit Union Report , 3. 1993 Payroll Department Control Totals 4. 1993 ~..ntrol File listing J ! 5. 1993 P~oll Labor Distribution Report I, 6. 1993 Payroll Check Edit Report 7. 1993 Labor Distribution Report Attachment 2. - RESOLUTION WHEREAS, Harnett Production Enterprises is a valuable asset to the citizens of Harnett County and to the clients and families they serve; and WHEREAS, the facilities which house Harnett Production Enterprises are in dire need of replacement; and WHEREAS, the Harnett County Association of Retarded Citizens recognizes this need; and WHEREAS, ARC has allocated $25,000 of its resources to help fund the construction of the needed facilities. NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners does hereby recognize and extand its gratitude to ARC and its members for this generous contribution to such a worthy cause. Duly adopted this 17th day of October, 1994. HA~~Y~~OF COMMISSIONERS ~~g:l~~r, Jr., Chairman ~L~~, '/ UJ,~~ ~eatrice HilT, Vice Chairman ~ ~osepn T. Bowde: .. , ( ! -' ,: ~ './ ~ /' , 1\ ) c ~ / ~ ~Y.. '^,,- 1;, /;4:,.".) . -~~:1 t T'i tchener - Dan B. Andrew!:: - __m____ 595 RESOLtrrIOH ADOPTIHG A Attachment 3. THOROUGBI'ARB PLAN FOR ........ CO...II....l 01' BARHBft, HORTH CAROLINA The following resolution was offered by Commissioner Andrews I seconded by Commissioner Bowden and, upon being put to a vote, was carried unanimously on the 17th day of , .. October 1994 , . WHEREAS , the County of Harnett and the Statewide Planning Branch, North Carolina Department of Transportation actively worked to develop a thoroughfare plan for Harnett County; and WHEREAS , the County and the Department of Transportation are directed by North Carolina General Statutes 136-66.2 to reach agreement for a highway system that will serve present and anticipated volumes of vehicular traffic in and around the County; and WHEREAS , it' is recognized that the proper movement of traffic within and through the County of Harnett is a highly desirable element of the comprehensive plan for the orderly growth and I development of the County; and II'lIAAoAEAS , after full study of the plan, and following a public hearing, the County Commissioners of Harnett County feel it to be in the best interests of Harnett County to adopt a plan pursuant to General Statutes 136-66.2; HOW TDREI'ORE, DB IT RESOLVED: That the Harnett County Thoroughfare Plan as shown on a map dated September 19, 1994, be approved and adopted as a guide in the development of the highway system in Harnett County and the same is hereby recommended to the North Carolina Department of Transportation for its subsequent adoption: I, Vanessa W. Young Clerk of Harnett County, North Carolina, hereby certify that the above is a true and correct copy of the excerpts from the minutes of the County Commissioners meeting of I said County. WITHESS my hand and the official seal of the County of 17th October 1994 Harnett this the day of . ATTEST (Seal) ~LA' , '-()J:1"""'" .. Vanessa . You~ Cler 596 Attachment 4. AZSOLUTION OF mE BOARD OF COMMISSIONERS OF J.nJ!, COUNTY Gl' HARNETI, NORm CAROUNA, APPROVING J.nJ!, INSTALLMENT F:NANCING OF mE ACQUISITION, CONSTRUcrION AND EQUIP?ING OF PRIMARY AND SECONDARY SCHOOL FACILuJ.J!.S, A COUNTY REALm AND SOCIAL SERVICES FACILITY, A MENTAL REALm FACILI'IY AND I WATER SY~u~.M IMPROVEMENTS AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNEcrION THE~ud 1. UNDERTAKINGS WHEREAS, the Board of Commissioners (the "Board") of the County of :Iarnett, North C?,~olina (the "County"), desires to provide for the acquisition, constru~ion and equipph;: of primary and secondary school facilities, a County health and socia! services facility, r. mental health facility and water system improvements (collectively, the .. "Facilities"); and WHEREAS, the Board proposes to finance the Facilities through an installment financing contract (the "Contract") with Harnett County Public Facilities Corporation Inc., Lillington, North Carolina ("the Corporation"), obligating the County to repay in installments the amount financed at a fixed annual interest rate of not more than 8% over a term not exceeding 25 years, resulting in a total amount financed not to exceed $37,000,000 (excluding I reserves and costs of issuance); and WEEREAS, alternatively, the Board may finance the County health and social services ,'cility (the "DSS Facility") through an installment financing contu:t (any installme:.:.~ financing contract delivered in connection with the DSS Facility and the Contract are referred to herein as the "Installment Financing Contracts") with an alternative financing entity, obligating the County to repay in installments the amount financed (including costs of issuance) at a fIXed annual interest rate of not more than 7% over it term of approximately 10 years resulting in a total amount financed not to exceed $9,000000; provided, however, such amount financed shall be deducted from the $37,000,000 financed with the Corporation if the County delivers an installment financing contract for the DSS Facility to an alternative entity; and WI-:2REAS, pursuant to N.C.G.S. Section 160A-20, the County is authotized to finance the acquisition, construction and equipping of the Facilities by entering:.lto an installme::,: ~nancing contract and a deed of trust which create in the Facilities and t:...._e sites I on which t~'"ey are located a security interest to secure payment of the obligation .:lereby created; and WHEREAS, subject to the prior approval of the Local Government Commission of North Carolina (the "LGC) pursuant to N.C.G.S. Section 159-148, the County intends to finance the Facilities pursuant to Section 160A-20 by executing and delivering to the Corporation or other financing entity an installment financing contract providing for the financing of a principal amount not to exceed $37,000,000 (excluding reserves and costs of 597 issuance); provided, however, such $37,000,000 would be reduced by $9-,000,000 in the event the DSS Facility is financed through an installment financing contract with a financing entity other than the Corporation; and WHEREAS, pursuant to N.C.G.S. Section 160A-20, the. County is authorized to I finance the acquisition, construction and equipping of the Facilities' by entering into an installment financing contract and a deed of trust which create in the :.:acilities and the sites .' ~. '.. .... .-.... ,. on which they are located a security interest to secure payment of t~le obligation thereby created; and WHEREAS, subject to the prior approval of the local Government Commission of North Carolina (the "LGC') pursuant to N.C.G.S. Section 159-148, the County intends to finance the Facilities pursuant to Section 160A-20 by executing and delivering to the Corporation or other financing entity an installment financing contract providing for the financing of a principal amount not to exceed $37,000,000 (excluding reserves and costs of issuance); provided, however, such $37,000,000 amount would be reduced by $9,000,000 in the event the DSS Facility is financed through an installment financing contract with a financing entity other than the Corporation; and WHEREAS, the County intends to apply for municipal bond insurance to guarantee payments by the County under the Contract; and I II. UNDERTAKING NECESSARY WHEREAS, the County staff has advised the Board, and the Board hereby finds and determines, that the County must acquire, construct and equip the Facilities in order to maintain and enhance the County's public facilities to enable the County to perform its public functions, and that the Facilities will benefit the County and its residents; and WHEREAS, the Board conducted a public hearing on the date hereof to receive public comment on the desirability of installment financing for the Fac;lities, and the Board received evidence supporting the need for such financing; and WHEREAS, the Board finds and determines that the undertaking is necessary and expedient for the aforesaid reasons and that the Facilities be financed under the tenns, conditions and parameters heretofore stated and to be further determined with more particularity at a later date; and I III. FUNDS NOT EXCESSIVE WHEREAS, the sums to fall due under the Installment Finar,cing Contracts can be included in the County's budget without difficulty; and WHEREAS, the above factors lead to the conclusion that th,~ :t'ayments under the Installment Financing Contracts are not excessive for the stated J: :.xrposes of acquiring. construction and equipping the Facilities; and 598 IV. TRANSACI'lON A PUBLIC PURPOSE W:.~:EREAS, the County Attorney has advised the County that the Facilities are authorized by law and are purposes for which public funds may be expended pursuant to the I Constitution and laws of North Carolina; and v. INSTALLMENT PURCHASE FINANCING DESIRABLE WHEREAS, the Board finds and determines that short term of pay-as-you-go financing for the Facilities would place strains on the County's ability to fund general operations and education without a significant tax increase; and WI-:3REAS, use of the County's unobligated fund balance to finance the Facilities would red'.:.':e the fund below the guideline established by the LGC and would not be in the County's best interest; and WHEREAS, the use of non-voted debt would not provide sufficient funds to complete the Facilities in a timely manner; and WHEREAS, installment contract financing would be preferable to general obligation bond financing because a general obligation bond authorization probably could not be , I perfected in a timely manner and would not permit the alternative financing structures and repayment provisions available in the proposed negotiated installment contract fimmcing; and WI-~~{1EAS, the proposed cost of financing the Facilities is too great an amoant to be funded 'IJ./ current appropriations; and WHE~, the Board finds and determines that installment contract fmancing is therefore the most viable and efficient alternative and that the cost of such financing is reasonable; and VI. COMPLIANCE WITH DEBT MANAGEMENT CONTROLS WHEREAS, past audit reports of the County indicate that its debt management and contract obligations payment policies have been carried out in strict compliance with tl.~ law and the CC':,..lty has not been censured by the LGC, external auditors, or any other regulatory ~f)llcies in connection with such management; and I VII. ESTIMATED TAX INCREASE WHEREAS, the Board estimates that the County's ad valorem tax rate will not be significantly increased in order to sustain the proposed financing; and -- ---- -- 599 VIII. NO DEFAULT WHEREAS, the County is not in default in meeting any of its debt service or contract I obligations; and IX. APPLICATION ..'" .... WHEREAS, it is the Board's intention to adopt this resolution for the purpose of authorizing the acquisition, construction and equipping of the Facilities, making certain findings and determinations, approving the submission of an application for approval of the Installment Financing contracts to the LGC and authorizing such other acts deemed necessary and advisable to carry our the acquisition, construction and equipping of the Facilities. NOW lHEREFORE, BE IT RESOL YED BY THE BOARD OF COMMISSIONERS OF TIlE COUNTY OF HARNETI, NORTH CAROUNA, as follows: Section 1. The chairman of the Board. the County Manager. the Finance Director and the Clerk to the Board are hereby authorized and directed on behalf of the County to proceed with the preparation of Installment Financing Contracts providing for the financing I o~ an amount not to exceed $37,000,000 (excluding reserves and costs of issuance) at an annual interest rate not to exceed 8% and a term not to exceed 25 years, and otherwise proceed with the plan of financing for the Facilities described at this meeting; provided, however, such $37,000,000 amount would be reduced by $9,000,000 in the event the DSS Facility is financed through an installment financing contract with a financing entity other than the Corporation. Section 2. The Chairman of the Board, The County Manager, The Finance Director and the Clerk to the Board are hereby authorized and directed to submit an application for the LGC's approval of the Installment Financing Contracts pursuant to N.C.G.S. Section 160A-20 and Section 159-150, in connection with the financing of the Facilities. Section 3. The County staff is hereby authorized to apply for municipal bond iIburance with respect to the Contract. Section 4. The Board hereby determines that it will reserve, from accumulated local funds, an amount equal to 20% of the estimated design and construction cost of those I projects for which construction contacts have not been procured prior to the time of delivery of an installment financing contract, such costs estimated to be $3,000,000 for acquiring, constructing and equipping the water system improvements. Therefore, the 20% reservation would equal approximately $600,000. The County shall hold such amount in reserve in case bids on such project exceed the estimated cost thereof, and shall use f.mds from such reserve for project costs if the same appears necessary to pay the balanc~ of the cost of --- 600 , construction. Such reserve may be released upon the awarding of construction contracts, except such amount as the Board may deem necessary to complete construction of the project; , ~':ction 5. This Resolution shall become effective immediately upon it adoption. , " .,." " ......This is the 17th day of October, 1994. I HARNETT COUNTY BOARD OF COMMISSIONERS 7/ b~;Z · ~. L. Sorrel~:' Jr., Chairman ATTEST: ~::.lyo~ .. Attachment 5. RESOLU'l'IOR nW!aREAS, in Nor.th Carolina the Lead Regional Orgar.izations, as voluntary organizations serving municipal an~ county gm' ,rnments, have eatablished productive working rel<.Honshipa I wh .. the cities and counties across this state; WHEREAS, the 1994 General Assembly recognized -~his need thro:'.gh the appropriation of $864,270 to help the Lead Regional Orc:-.~nizations assist local governments with grant applications, eCv:,lomic development, c ...,,,,,.,,uni ty development, and to support local industrial development activities and other activities as deemed app=opriate by their local governments; and WHEREAS, these funds are not intended to be used for payment of member dues or assessments to a Lead Regional Organization or to supplant'funds appropriated by the member governments; WHEREAS, in the event that a request is not made by the County of Harnett for release of these funds to our Regional Council, the available funds will revert to the State's general funds; and WHEREAS, in Region "M", funds in the amount of $48.015 will be used to support SBA, N.C. Rural Center, and N.C. OepaLtment of CO~lerce small business loan programs; COBG and ot~gr local ecohomic development projects; promotion and developmer. -; of the Sou'::hEastern Entrepreneurial Roundtable; and promo'.:ion and de"'c;;:opment of a small business incubator network in the Region; ROW, .a.W!aREFORE BE IT RESOLVED, that the Harnett Cou:-:::y Board of .' .:>mmissioners requests the release of its share of these fur, '.;" $9-219.72, to Mid-Carolina Council of Governments at the ea~:iest possible time in accordance with the proviaions of Chap~er 321, Senate Bill 27, section 39 of the 1994 Session Laws. Witnessed this the 17th day of October , 1994, in Lillington, Ne by: I 0/7/ ;;;/ / r- ./ //f-",'^J (; -U~ '-tAl, ~~// / Signature ., / Signature of Witnes 0 H. L. Sorrell, ~r. Vanessa W. Young Chairman Clerk to the Board (S~) Title Title HARNETT COUNTY BOARD OF COMMISSIONERS . .... ._- 601 Attachment 6. I~TRA-DEPARTMENTAL BUDGET AMENDMENTS . FOR THE MONTH ENDING' September 30, 1994 I DEPARTMENT INCREASE DATE ACCOUNT CODE DESCRIPTION (DECREASE> .,' ," -". . . ' 09-16-94 Communications 10-5110-0140 Travel & Meetings 700. 10-5110-0360 Uniforms (700) 09-09-94 Administration 10-4200-0450 Contracted Services 2,000. 10-4200-0030 Salaries-Part-time (2,000> 09-20-94 Board of Elections 10-4300-0740 Capital Outlay 2,500. 10-430p-0120 Printing & Binding <1,000) 10-4300-0260 Advertise..nt (500) 10-4300-0450 Contracted Services (1,000) 09-29-94 Planning/Inspections 10-7200-0740 Capital Outlay 90S. . 10-7200-0450 Contracted Services (90S) .. 09-2S-94 Sheriff 10-5100-0330 Materials & Supplies 22S. 10-5100-0740 Capital Outlay (22S) 09-30-94 Tax 10-4500-0740 Capital Outlay 1,200. 10-4500-0030 Part-time Salaries (1,200) I Attachment 7. NORTH CAROLINA, HARNETT COUNTY. AGREEMENT THIS AGREEMENT made and entered into this day of October, 1994 by and between the East Central Water and Sewer District of Harnett County, duly organized and existing pursuant to the provisions of Article 6, Chapter l62A of the North Carolina General Statutes (hereinafter referred to as the District), and the Town of Coats, a duly organized and existing municipal corporation of the State of North Carolina (hereinafter referred to as "the Town"). WIT N E SSE T H: " THAT WHEREAS, the District desires to extend a twelve (12) inch water main into ,the extraterritorial district of the Town for the purllose of serving residents and customers of the District; and I WHEREAS, the Town desires to cooperate with and assist the District in expanding water lines to serve the residents and customers of the District; and WHEREAS, the Town also desires to be able to connect to the twelve (12) inch water main in order to purchase water from the District so as to serve its citizens and customers; and WHEREAS, the parties desire to set forth their agreement regarding construction, maintenance, and use of the twelve (12) inch water main and the connection and purchase of water by the Town; 602 NOW, THEREFORE, in consideration of the foregoing and the mutual agreements hereinafter set forth, the parties agree as follows: I. TWELVE (12) INCH MAIN AND MASTER METER VAULTS A. Construction. The District shall construct a twelve (12) inch water main through the extraterritorial jurisdiction of the Town running West along I Highway 27 to the ,intersection of Highway 55 and thence North alonG Highway 55. Th~ District shall construct and install two (2) master :Jeter vaults (denomir~~ed Master Meter Vault #2 and Master Meter Vault #3) ontc this twelve (12) ine;. main. Master Meter Vault #2 shall be located on Highway 27, East of Town near its intersection with S.R. 1701 at a point to be mutua11y determined by the parties. Mater Meter Vault #3 shall be 10cated on Highway 55 North also at a point to be mutually determined by the parties. B. Ownershio. The twelve (12) inch main and the meter vaults shall be and .. shall remain the property of the District. II. CONNECTIONS TO TWELVE (12) INCH MAIN BY TOWN A. Permission for Initial Connections. During the initia~ construction of the twelve (12) inch water main, the Town may connect to the tw::lve inch main at any ~~int between Master Meter Vault #2 and Master Meter Vau:.: #3 so as to enable {_~;e Town to receiv,3 water from this main. B. Terms of Pavrnent for Initial Connections. The Town agrees to pay for I the construction of meter vaults, stub-outs, or other enhancements during the initial construction of the twelve (12) inch water main which shall allow the Town to receive water. The payments for such enhancements are due and payable as follows: 1. One-third of the cost of enhancement at the beginning of the project; 2. One-third at the time of 50X completion of the project; 3. One-third at the time of completion of the project. C. Permission for Subseauent Connections. After the initic..l construction .. .. of sai~ water main, the Town may request connection to the wat~r main at any point tztween Master Meter Vaults #2 and #3 so as to enable the ~owh to receive water ~~om said main. After receiving such request(s), and pr~vided that the requested connection(s) shall have no adverse hydraulic effect on the ability of the District to provide water service to customers of the District, the District shall, within a rearchab1e time, make or cause said connection to be made or in the alternative, consent for Town to make said connection(s). I D. Terms of Pavment for Subseauent Connections. In the event the District shall make or cause said connections(s) to be made, the cost thereof shall be due and payable upon completion of said connection(s). In the event the Town shall make tha connection(s), the Town shall be fully responsible for ~:l costs of the conne;::':~',on(s) . III. MAINTENANCE AND REPAIR ',,:.e Town and the District shall bear equally the costs of '.naintenance and --- - -------------------.----- -- --- --- -..._- 603 repair of the portion of the twelve (12) inch main located between Master Meter Vault #2 and Master Meter Vault #3 within the extraterritorial jurisdiction of the Town. The maintenance shall be performed either by the Harnett County Department of Public Utilities or under its authority. IV. PURCHASE OF WATER BY THE TOWN I The Town may purchase water from the District through the connections to , . the twelve (12) inch water main. The Town agrees to pay, not later than the fifteenth (15th) day of each month, for water delivered in accordance with the then current bulk municipal rate plus the applicable pumping costs of the District. IN WITNESS WHEREOF, the parties hereto, acting under authority of their resp~=tive governing bodies, have caused this contract to be duly executed in dupl:cate counterparts, each of which shall constitute an original. Executed by East Central Water and Sewer District, this the 17th day of October, 1994. EAST CENTRAL WATER AND SEWER DISTRICT ~ - . / ,; /: / A / /:" ,,o' .A~ .'T~ h BY: f/~" ~/< H.L. sorre~i;;Jr., Chairman of the Harne~~County Board of Commissioners sitting as the governing body of the East I Central Water and Sewer District of Harnett County " L'W.(/~ Vanessa W. Young, CI~~k to ~he Board and of the Dis~rict Executed by the Town of Coats this the day of October, 1994. TOWN OF COATS BY: Timothy McKinnie, Mayor ATTEST: Ela~~e Keene, Clerk of the Town of Gr~ats I