HomeMy WebLinkAbout101909mMinutes of Regular Meeting
October 19, 2009
The Harnett County Board of Commissioners met in regular session on Monday, October 19,
2009, in the Commissioners Meeting Room, County Administrative Building, 102 East Front
Street, Lillington, North Carolina.
Members present: Timothy B. McNeill, Chairman
Beatrice B. Hill, Vice -Chairman
Dan B. Andrews, Commissioner
Gary House, Commissioner
Jim Burgin, Commissioner
Staff present: Scott Sauer, County Manager
Wm. A. (Tony) Wilder, Assistant County Manager
Dwight W. Snow, County Attorney
Sylvia Blinson, Finance Officer
Gina Daniel, Acting Clerk
Chairman McNeill called the meeting to order at 7:00 pm.
Commissioner Burgin led the pledge of allegiance and gave the invocation
Chairman McNeill called for additions and deletions to the published agenda. Commissioner
Andrews moved to approve the agenda as presented. Vice Chairman Hill seconded the motion
which passed unanimously.
Upon motion by Vice Chairman Hill and seconded by Commissioner Andrews, the Board
unanimously approved the following items on the consent agenda:
1. Minutes: October 5, 2009 Minutes of Regular Meeting
September 25, 2009 Minutes of Reconvened Meeting
2. Budget amendments
107 Education Department
Code 110-8600-480.31-15 Central Carolina Community College 15,211 increase
110-8800-490.32-16 Contingency 15,211 decrease
94 Workforce Development - WIA Youth Program Fund
Code 234-7405-465.11-00 Harnett County — In School — Salaries
& Wages 26,280.48 increase
234-7405-465.12-00 Harnett County — In School — Salaries
& Wages, Part-time 8,376.94 increase
234-7405-465.12-02 Harnett County — In School — Salaries
& Wages, Part-time Participant Wages 15,5670.00 increase
234-7405-465.21-00
Harnett County - In School
- Group
Insurance
4,937.00 increase
234-7405-465.22-00
Harnett County - In School
- FICA
Tax Expense
2,657.62 increase
234-7405-465.22-01
Harnett County - In School
- FICA
Tax Expense Participant
1,191.00 increase
234-7405-465.23-00
Harnett County - In School
-
Retirement
1,288.36 increase
234-7405-465.26-08
Harnett County - In School
- Worker's
Comp
503.00 increase
234-7405-465.26-09
Harnett County - In School
- Worker's
Comp Participation
215.00 increase
234-7405-465.32-73
Harnett County - In School
- Training
Vouchers
12,555.09 increase
234-7405-465.35-26
Harnett County - In School
-
Participation Cost
2,057.81 increase
234-7405-465.35-27
Harnett County - In School
- Child
Care Cost
2,100.00 increase
234-7405-465.41-11
Harnett County - In School
- Telephone
& Postage
1,486.44 increase
234-7405-465.41-13
Harnett County - In School -
Utilities
3,829.00 increase
234-7405-465.44-21
Harnett County - In School -
Building
& Equipment Rent
500.00 increase
234-7405-465.58-01
Harnett County - In School -
Training
& Meetings
840.00 increase
234-7405-465.58-14
Harnett County - In School -
Travel
Admin
350.00 increase
234-7405-465.58-19
Harnett County - In School -
Travel
Participants
608.00 increase
234-7405-465.60-33
Harnett County - In School -
Materials
& Supplies
350.00 increase
234-7405-465.60-53
Harnett County - In School -
Dues &
Subscriptions
42.00 increase
234-0000-331.74-05
Workforce Development - Harnett
County Youth (In School)
85,734.74 increase
95 Workforce Development - WIA Youth Program Fund
Code 234-7406-465.12-02 Sampson County - In School Salaries
& Wages Part-time participation
14,565.73 increase
234-7406-465.22-01 Sampson County - In School - FICA
Tax Expense Participation
1,114.28 increase
234-7406-465.33-45 Sampson County - In School
Contracted Services
23,114.26 increase
234-7406-465.35-26 Sampson County - In School -
Participant Cost
8,120.00 increase
234-7406-465.41-11 Sampson County - In School - Telephone
& Postage
2,205.00 increase
234-7406-465.44-21 Sampson County - In School - Building
& Equipment Rent 700.00 increase
234-7406-465.60-31 Sampson County - In School - Gas,
Oil & Automotive 1,043.00 increase
234-7406-465.60-33 Sampson County - In School - Materials
& Supplies 700.00 increase
234-0000-331.74-06 Workforce Development - Sampson
County Youth (In School) 51,562.27 increase
96 Workforce Development - WIA Youth Program Fund
Code 234-7407-465.11-00
Harnett County - Out of School -
Salaries & Wages
11,261.63 increase
234-7407-465.11-05
Harnett County - Out of School -
Overtime
3.63 increase
234-7407-465.12-00
Harnett County - Out of School -
Salaries & Wages Part-time
2,823.06 increase
234-7407-465.12-02
Harnett County - Out of School -
Salaries & Wages Part-time Participant
11,450.01 increase
234-7407-465.21-00
Harnett County - Out of School -
Group Insurance
2,115.95 increase
234-7407-465.22-00
Harnett County - Out of School - FICA
Tax Expense
1,082.30 increase
234-7407-465.22-01
Harnett County - Out of School - FICA
Tax Expense Participation
877.00 increase
234-7407-465.23-00
Harnett County - Out of School -
Retirement
522.58 increase
234-7407-465.26-08
Harnett County - Out of School -
Worker's Comp
216.00 increase
234-7407-465.26-09
Harnett County - Out of School -
Worker's Comp Participation
282.00 increase
234-7407-465.32-73
Harnett County - Out of School -
Training Vouchers
1,500.75 increase
234-7407-465.35-26
Harnett County - Out of School -
Participation Cost
100.00 increase
234-7407-465.41-11
Harnett County - Out of School -
Telephone & Postage
1,460.55 increase
234-7407-465.41-13
Harnett County - Out of School -
Utilities
1,642.00 increase
234-7407-465.44-21
Harnett County - Out of School -
Building & Equipment Rent
214.00 increase
234-7407-465.58-01
Harnett County - Out of School -
Training & Meetings
360.00 increase
234-7407-465.58-14
Harnett County - Out of School - Travel
150.00 increase
234-7407-465.58-19
Harnett County - Out of School - Travel
Participants
484.00 increase
234-7407-465.60-33
Harnett County - Out of School -
Materials & Supplies
150.00 increase
234-7407-465.60-53 Harnett County - Out of School -
Dues & Subscriptions
234-0000-331.74-07 Workforce Development - Harnett
County Youth (Out of School)
97 Workforce Development - WIA Youth Program Fund
Code 234-7408-465.12-02 Sampson County - Out of School
18.00 increase
36,743.46 increase
Salaries & Wages Part time Participant
234-7408-465.22-01 Sampson County - Out of School - FICA
Tax Expense Participant
234-7408-465.33-45 Sampson County - Out of School -
Contracted Services
234-7408-465.35-26 Sampson County - Out of School -
Participant Cost
234-7408-465.41-11
234-7408-465.44-21
234-7408-465.60-31
234-7408-465.60-33
234-0000-331.74-08
100 Health Debartment
Code 110-7600-441.41-11
110-7600-441.60-33
110-7600-441.60-46
110-0000-331.76-06
Sampson County - Out of School -
Telephone & Postage
Sampson County - Out of School -
Building & Equipment Rent
Sampson County - Out of School - Gas,
Oil & Automotive
6,242.45 increase
477.54 increase
9,906.13 increase
3,480.00 increase
945.00 increase
300.00 increase
447.00 increase
Sampson County - Out of School -
Materials & Supplies 300.00 increase
Workforce Development - Sampson
County Youth (out of school) 22,098.12 increase
Telephone & Postage 700 increase
Materials & Supplies 400 increase
Medical Supplies 2,958 increase
BT 514 Funds Bioterrorism Preparedness 4,058 increase
101 Youth Restitution
Code 110-8800-490.32-16 Contingency Fund
110-7930-441.11-00 Full Time Salary & Wages
110-7930-441.12-00 Part Time Salary & Wages
I10-7930-441.21-00 Group Insurance
110-7930-441.22-00 FICA
110-7930-441.23-00
110-7930-441.26-08
110-7930-441.52-54
110-7930-441.55-12
110-7930-441.60-33
110-7930-441.60-53
Regular Retirement
Workers Comp
Insurance & Bonds
Printing and Binding
Materials & Supplies
Dues & Subscriptions
104 Sheriff's Office - E. Byme Justice Assistance Grant
Code 110-5103-420.60-33 Materials & Supplies -
8,908 decrease
864 increase
7,200 increase
133 increase
617 increase
42 increase
235 increase
32decrease
100 decrease
16 decrease
35 decrease
E. Byrne Justice Asst. 146,458 increase
110-0000-331.51-13 E. Byrne Memorial Justice Assistance
Grant
105 Sheriff's Office — E. Byrne Justice Asst.
Code 110-5103-420.60.33 Materials & Supplies
E. Byrne Justice Asst.
110-0000-331.51-13 E. Byrne Memorial Justice Assistance
Grant
110-0000-399.00-00 Fund Balance Appropriated
106 Sheriff's Office — Harnett Criminal Justice Partnership Program
Code 110-5102-420.11-00 Salary
110-5102-420.21-00
110-5102-420.22-00
110-5102-420.23-00
110-5102-420.26-08
110-5102-420.33-45
110-5102-420.58-01
110-5102-420.60-33
110-0000-334.51-02
107 Education Department
Code 110-8600-480.31-15
Group Insurance
FICA
Regular Retirement
Worker's Compensation
Contracted Services
Training & Meetings
Materials & Supplies
Harnett Criminal Justice Partnership
Program
Central Carolina Community College
Capital Outlay
110-8800-490.32-16 Contingency
3. Tax refunds and releases (Attachment 1)
146,458 increase
11,476 increase
10,432 increase
1,044 increase
30,330 increase
5,290 increase
2,292 increase
1,487 increase
83 increase
4,752 decrease
200 increase
3,626 increase
38,556 increase
15,211 increase
15,211 decrease
4. Write-offs for delinquent Public Utilities accounts for the third quarter of 2009. All of
these accounts have been delinquent for more than 3 years and total $19,848.96.
The Legal Department, on behalf of the Harnett County Department of Emergency
Services, requested approval of the Memorandum of Understanding between the North
Carolina Division of Emergency Management and County of Harnett. The purpose of the
Agreement is to more efficiently utilize Homeland Security Grant Program Funds by
allowing NCEM to manage and host classes on behalf of the County. Travel costs will
be included for all classes managed by the State utilizing these funds.
6. The Sheriff's Office is requesting to reduce their budget for the Criminal Justice
Partnership Program in the amount of $1555. The State of North Carolina reduced the
budget for the Crimininal Justice Partnership Program from $104,603 to $103,048 for the
year ending July 2010. This reduction will be reduced in Contractual Services.
Informal comments were provided by Mr. Dave Rogers, Mr. Jay Sills and Mrs. Karen Rogers.
Mr. Dave Rogers and Mrs. Karen Rogers of Johnson Road, Coats, NC, noted concerns regarding
questions about the land purchase for the Boone Trail School as well as healthcare in Harnett
County and county government spending.
Mr. Jay Sill, who no longer lives in Harnett County, talked to the commissioners regarding
money being taken out of his taxes but also listed on his credit report as a result of charges he
owed Harnett County Public Utilities.
Chairman McNeill announced that the public comment period is now closed. The Chairman
moved to item six on the agenda and recognized Commissioner Dan Andrews.
Commissioner Dan Andrews came to the podium and stated concerns that he had about
statements made in the October 6, 2009 edition of the Daily Record newspaper which were
attributed to Commissioners Burgin and House that Commissioner Andrews perceived to be
slanderous. These statements concerned questions arising from the sale of real property by
Commissioner Andrews' sister, Eunice Bland, to the County Board of Education to be used as a
portion of the Boone Trail Elementary School site. Commissioner Andrews further stated that
the selection of the Boone Trail school site was strictly a Board of Education decision in which
he was not involved. Commissioner Andrews described the history behind this real property and
his sister's reputation as a person who had spent her entire life helping others.
Commissioner Andrews concluded his statement saying that the school board decided on a very
wise site for the Boone Trail School and that anybody that has anything to say about his sister or
his family has got to deal with me.
Mr. Ferrell stated that no one did anything wrong in this process. The land was purchased to
allow for more accessibility and safety at the school. Mr. Ferrell said based on the needs and
growth potential in that area, this was the best land available. He said the Board of Education is
good stewards of the money.
Chairman Donna McNeill stressed that the engineers looked long and hard at the original Boone
Trail site to try to make it work.
Commissioner Andrews did not nor had any reason to recuse himself from voting to approve the
purchase of the land for the school in September 2007.
Commissioner Andrews moved to approve the appointments listed below. Commissioner Burgin
seconded the motion and it passed unanimously.
Planning Board
Mr. N. Carrell Robinson (nominated by Commissioner Andrews) for a three year term to
expire October 31, 2012.
Local Firemen's Relief Fund Trustees
Commissioner Hill nominated the recommended appointments of Local Firemen's Relief
Fund Trustees from each fire department. (Attachment 2)
Samantha Ficzko, Planner, presented proposed text amendments to the Harnett County Zoning
Ordinance. Applicant: Harnett County Planning Department, Article IV General Provisions,
Article VI Zoning Districts and Regulations and Article XVI Definitions. Planning Staff
received a request by the Board of Commissioners to review regulations for the location of
manufactured homes in the RA-30 Zoning District. In addition, there have also been several
inquiries made into current buffering standards and outdoor display and storage area
requirements. Proposed updates include amendments to address three areas of concern, as well
as those changes found necessary by staff. The Planning Board reviewed the proposed
amendments October 5, 2009 and unanimously recommended approval of both applications.
Chairman McNeill called to order a public hearing on the matter and opened the meeting for
comments from the public. There being no comments, Chairman McNeill closed the public
hearing.
Commissioner Andrews moved to table the proposed text amendments until the November 2,
2009 Board meetings.
Samantha Fizcko, Planner, presented a proposed text amendments to the Harnett County Zoning
Ordinance. Applicant: Michael Bassett, Parrish Signs & Service, Inc., Article IX Sign
Requirements, Section 3.0 Illumination. This proposed amendment would allow for LED
signage for all business. Requirements incude a minimum and maximum size and only allowed
for one color. The Planning Board reviewed the proposed amendments October 5, 2009 and
unanimously recommended approval of both applications.
Chairman McNeill called to order a public hearing on the matter and opened the meeting for
comments from the public. Mr. Michael Bassett, Parrish Signs & Services, Inc. spoke.
There being no further comments, Chairman McNeill closed the public hearing.
Commissioner Burgin moved to adopt the proposed text amendment as presented. The motion
was seconded by Commissioner House and passed unanimously. (Attachment 3)
Commissioner Burgin moved to bring the motion to freeze hiring and reinstatement dental
insurance and 401 K contributions for county employees off of the table for discussion. Mr.
Snow said a motion could remain tabled for 100 days. Commissioner House seconded the
motion which failed 3 to 2.
Jennifer Slusser, Staff Attorney, presented a resolution declaring the intent of the County of
Harnett to be designated as a recovery zone for the purposes of issuing recovery zone bonds.
Mrs. Slusser noted that passing this resolution would not commit the County in any way yet is
the first step of many in this process.
Commissioner Andrews moved to approve, seconded by Vice Chairman Hill, the foregoing
resolution "Resolution if the County of Harnett, North Carolina Declaring the Intent of the
County of Harnett, North Carolina To Designate the County of Harnett County, North Carolina
as a Recovery Zone for the Purposes of Issuing Recovery Zone Bonds". The motion passes
unanimously. (Attachment 4)
Mr. Wilder updated the commissioners on bids received for the renovation to the old law
enforcement center. Mr. Wilder reported the county was in negotiations with the lowest bidder
given they had come in over budget and this would be brought back before the board soon.
Mr. Steve Ward, Deputy Director of Public Utilities, submitted a resolution authorizing the
finance application to the Local Government Commission for approval of the district's proposed
extension of a bond order and to submit such application to the Local Government Commission.
The Board reconvened as the South Central and Water District Board. Commissioner Andrews
moved to approve, seconded by Vice Chairman Hill, the foregoing resolution "Resolution of the
Board of Commissioners of the County of Harnett, North Carolina, Sitting as the Governing
Body of the South Central Water and Sewer District of Harnett County, Authorizing the Finance
Officer of the County to Prepare on Behalf of the District an Application to the Local
Government Commission for Approval of the District's Proposed Extension of a Bond Order and
to Submit Such Application to the Local Government Commission. (Attachment 5)
The Board reconvened as the Harnett County Board of Commissioners
Mr. Sauer presented the Animal Control and Planning & Central Permitting Monthly Activity
Reports. He reminded the Board of Commissioners of their upcoming Special Joint Session with
the Board of Education on Tuesday, October 27, 2009 at 7:00 pm.
Commissioner House asked counsel about the status of the agreement with Campbell University
regarding the convocation center which is being worked on by the staff attorney.
Commissioner Andrews moved to adjourn the meeting. The motion was seconded by Vice
chairman Hill and the meeting ended at 8:17 pm.
e AC P
Timothy B. Neill, Chairman
Attachment 1
°red by the Hamett
County E3oard ox (4QrpmAion8m
• is
County
2
FLAHERTY, LYNSEY V
FLAHERTY, RYAN Q
City
88 COTTSWOLD LANE
0001656699- 2008- 2008- 000000
SPRING LAKE, NC, 28390
County
3
MCKOY, CAROLYN SUE
City{)
851 WEST OLD RD
0001269191- 2009- 2005- 000000
LILLINGTON, NC, 27546 - 7618
County
4
MCKOY, CAROLYN SUE
City()
WEST OLD RD
0001269191- 2009- 2006- 000000
LILLINGTON, NC, 27546 - 7618
County
5
MCKOY, CAROLYN SUE
City()
851 WEST OLD RD
0001269191- 2009- 2007- 000000
LILLINGTON, NC, 27546 - 7618
County
6
MURCHISON, CHARLES
City
THOMAS
1910 BUFFALO LAKE RD
0001676140- 2009- 2009- 000000
SANFORD, NC, 27330 - 2233
C
County
7
NIPPER, TIMOTHY MARTIN
City
PO BOX 1314
0001663242- 2009- 2009- 000000
LILLINGTON, NC, 27546 - 1314
County
8
RAY, CARL FELTON
City
RAY, SHARON MORRISON
20297 HWY 24-27
0001404921- 2008- 2008- 000000
CAMERON, NC, 28326
County
9
RIVER BLUFFS HOME OWNERS
2417 RIDGE RUN
City
LILLINGTON NC 275460000
0000045301- 2009- 2009- 000000
LILLINGTON NC, 27546 - 0000
County
10
SMITH, ALBERT C JR
SMITH, DAWN DEE
City
4029 BUTEO LN
0001286039- 2009- 2009- 000000
NORTH LAS VEGAS, NV, 89084
- 3505
County
11
SOUTER, GIFFORD M
City
SOUTER BARBARA 1/3 UDV INT
&
0000060404- 2008- 2008- 000000
102 WEST DIVINE ST
County
DUNN NC, 28334 - 0000
12
THOMAS, TARA LATRICE
21 YELLOWWOOD PL
City
CAMERON, NC, 28326 - 6184
0001672115- 2009- 2009- 000000
County
WM. A. TONY WILDER
Revenue Administrator
CC:
WM. A. TONY WILDER
61.96
0.00
98.18
46.46
0.72
41.61
0.64
35.15
0.52
0.00
2.18
0.00
5.84
0.00
7.31
0.00
278.25
0.00
3.91
0.00
492.03
0.00
115.65
City Total
County Total
Total to be
Refunded
status
Military
61.96 Refund Exemption
Military
98.18 Refund Exemption
47.18 Refund Situs Correction
42.25 Refund Situs Correction
35.67 Refund Situs Correction
Value Decrease
2.18 Refund
5.84 Refund Value Decrease
Value Decrease
7.31 Refund
Homeowners
Association
278.25 Refund Exemption
Military
3.91 Refund Exemption
Value Decrease
492.03 Refund
Military
115.65 Refund Exemption
123.22
1,067.19
1,190.41
Attachment 2
October 12, 2009
Appointment of Local Firemen's Relief Fund Trustees:
In order for the fire departments to participate in the Local Firemen's Relief Fund each year, they
must submit a North Carolina Rural Fire District Report of Fire Conditions. This Report requires
the appointment of two Trustees by the Fire Department, two by the Board of Commissioners
and one by the Insurance Commissioner.
Recommended appointments by the Board of Commissioners are listed below:
Spout Springs Emergency Services
George Williams
Robert Doberstein
Anderson Creek Emergency Services
Elizabeth Rodriguez
Bobby Montgomery
Erwin Fire Department
Ricky Blackmon
Allen Monds
Buies Creek Rural Fire Department
Waymon Byrd
Ashley Stewart
Summerville Fire & Rescue Inc.
Bryant Keith
Leo McDonald
Benhaven Emergency Services
William Hayes
Margaret H. Douglas
Averasboro/Dunn Emerg Services
Arnold B. Barefoot, Sr.
Richard E. Hedgepeth
Flat Branch Volunteer Fire Department
Ron Burgess
Holt Felment
Flatwoods Community Fire Department
Angus Strickland
Cecil McNeill
Coats -Grove Fire and Rescue Inc
Graymon Powell
Jay Smith
Angier & Black River Fire Department
Eric Byrd
Harold Flowers, Jr.
Boone Trail Emergency
Vernon Cox
Donald O'Quinn
Northwest Harnett Volunteer Fire Dept.
Glenwood M.Caviness, Jr.
Richard Braswell
Bunnlevel Volunteer Fire De artment
Everette Hurley
David Miles
Attachment 3
HARNETT COUNTY
NORTH CAROLINA
A RESOLUTION AMENDING THE
HARNETT COUNTY ZONING ORDINANCE
WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance on July
18, 1988, June 5, 2000, and June 15, 2009 for the purpose of promoting the health, safety, and
general welfare of the county residents; and
WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the
State of North Carolina, particularly G.S. 153A-340; and
WHEREAS, the 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 the articles of the
Zoning Ordinance as listed below and recommends the adoption of the following amendment.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
HARNETT COUNTY, NORTH CAROLINA that Article IX "Sign Requirements", Section 3.0
"Illumination" of the Zoning Ordinance shall be amended to read as indicated in "Attachment -
Staff Proposal".
"Attachment- Staff Proposal" is filed with the Zoning Ordinance in the Clerk to the Board's
Office.
Duly adopted this 19t' day of October, 2009 and effective upon adoption.
HARNETT COUNTY BOARD OFCOMMISSIONERS
Timothy b34cNeill, Chairman.-'-
Y
A EST:
Marg et Regina D 1, Clerk to
DELTE/ADD the following to Article LY "Sign Requirements" Section 3.0 "Illumination"
Where Illuminated signs are permitted, they shall conform to the following requirements:
3.1 All signs illuminated under the provisions of this section shall be constructed to meet the
requirements of the National Electric Code.
3.2 Signs which contain, include, or are lighted by any flashing, intermittent, or moving lights
are prohibited, except as follows:
A. Illuminated signs shall be permitted to provide information such as time, temperature,
date, and public announcements related to the business on -site only.
B. Such signs shall be permitted only as part of an otherwise permitted monument sign,
provided that the illuminated portion shall be at least fifteen percent (159/6) of the total
square footage area of the sign and shall not exceed thirty-five percent (35%) of the total
square footage area of the sign-
C. Messages on such signs shall not change more than six (6) times per minute and shall
be limited to one (1) color, either amber or red.
D. Illuminated signs, as an addition to an existing sign, shall be comparable in
composition, durability, and workmanship to the existing sign.
3.3 Illuminated signs shall be limited to those lighted internally with glass or plastic faces
bearing the advertisement; provided, however, that exposed neon tubing and exposed
incandescent or other bulbs not exceeding fifteen (15) watts each shall be permitted.
3.4 Display lighting shall be shielded so as to prevent direct rays of light from being cast into a
residential area or district and/or vehicles approaching on a public right-of-way from any
direction.
3.5 Flame is prohibited (even as a source of light).
Attachment 4
EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS
A regular meeting of the Board of Commissioners of the County of Harnett, North Carolina was
held on Monday, October 19, 2009, at 7:00 p.m. in the County Commissioners' Meeting Room, Harnett
County Administration Building, 102 East Front Street, Lillington, North Carolina, Timothy B. McNeill,
Chairman of the Board of Commissioners of the County of Harnett, North Carolina (the "Board'),
presiding and the following Commissioners present:
The following members were present:
Chairman Timothy B. McNeill
Vice Chairman Beatrice Hill
Commissioner Dan Andrews
Commissioner Gary House
Commissioner Jim Burgin
The following members were absent:
Also present:
Scott Sauer, County Manager
Tony Wilder, Deputy County Manager
Dwight Snow, County Attorney
Sylvia Blinson, Finance Officer
Gina Daniel, Acting Clerk
Commissioner Andrews moved that the following resolution (the "Resolution "), a copy of which
was available with the Board and which was read by title:
RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA DECLARING THE
INTENT OF THE COUNTY OF HARNETT, NORTH CAROLINA TO DESIGNATE THE
COUNTY OF HARNETT, NORTH CAROLINA AS A RECOVERY ZONE FOR THE PURPOSES
OF ISSUING RECOVERY ZONE BONDS.
WHEREAS, the County of Harnett, North Carolina (the "County") is a validly existing political
subdivision of the State of North Carolina (the "State"), existing as such under and by virtue of the
Constitution, statutes and laws of the State;
WHEREAS, Section 1401 of the American Recovery and Reinvestment Act of 2009 (the "Act")
revised the Internal Revenue Code of 1986, as amended (the "Code"), to create "recovery zone economic
development bonds" and "recovery zone facility bonds" (collectively, "Recovery Zone Bonds "), which
may be used to finance certain qualified projects in areas designated by an issuer as a "recovery zone "
within the meaning of Section 1400U-1(b) of the Code;
PPAB 1614414v2
WHEREAS, pursuant to the Act, the County has initially been allocated (1) $5,684,000 of its
recovery zone economic development bond volume limitation and (2) $8,526,000 of its recovery zone
facility bond volume limitation, which amounts are subject to change;
WHEREAS, the Board has determined that it would be in the County's best interest designate the
entire County as a recovery zone so as to permit the issuance of all or a portion of the County's Recovery
Zone Bond allocation for one or more qualified purposes, including purposes that may not otherwise be
eligible for tax-exempt financing;
WHEREAS, as a result of recent economic conditions, the County as a whole has experienced
general economic distress;
NOW, THEREFORE, BE IT RESOLVED by the Board as follows:
Section 1. Official Designation. The Board hereby finds that the County as a whole has
experienced general economic distress and hereby designates the entire geographical territory of the
County as a "recovery zone" in accordance with Section 1400U-1 of the Code.
Section 2. Effective Date. This Resolution is effective immediately on the date of its adoption.
On motion of Commissioner Andrews, seconded by Vice Chairman Hill, the foregoing resolution
entitled "RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA DECLARING THE INTENT OF
THE COUNTY OF HARNETT, NORTH CAROLINA TO DESIGNATE THE COUNTY OF HARNETT, NORTH
CAROLINA AS A RECOVERY ZONE FOR THE PURPOSES OF ISSUING RECOVERY ZONE BONDS" was
duly adopted by the following vote:
AYES: FIVE
NAYS: NONE
PPAB 1614414v2
STATE OF NORTH CAROLINA
ss:
COUNTY OF HARNETT
I, MARGARET REGINA DANIEL, Acting Clerk to the Board of Commissioners of the County of
Harnett, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a
resolution entitled "RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA DECLARING THE
INTENT OF THE COUNTY OF HARNETT, NORTH CAROLINA TO DESIGNATE THE COUNTY OF
HARNETT, NORTH CAROLINA AS A RECOVERY ZONE FOR THE PURPOSES OF ISSUING RECOVERY
ZONE BONDS" adopted by the Board of Commissioners of the County of Harnett, North Carolina, at a
meeting held on the 19'` day of October, 2009.
WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 19
day of October, 2009.
PPAB 16144142
=Cti
T REGIN4Bd
IEL lerk to th
Coun of Harnett, North Carolina
Attachment 5
EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS
A Regular Meeting of the Board of Commissioners (the "Board") of the County of Harnett,
North Carolina was held on Monday, October 19, 2009, at 7:00 p.m. in the County Commissioners'
Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North
Carolina, Timothy B. McNeill, Chairman of the Board presiding and the following Commissioners
present:
Commissioners Present:
Chairman Timothy B. McNeill
Vice Chairman Beatrice Hill
Commissioner Dan Andrews
Commissioner Gary House
Commissioner Jim Burgin
Commissioners Absent:
None
Commissioner Andrews introduced the following resolution, a summary of which had been
provided to each Commissioner, a copy of which was available with the Clerk to the Board and which
was read by title:
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT,
NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE SOUTH CENTRAL
WATER AND SEWER DISTRICT OF HARNETT COUNTY, AUTHORIZING THE FINANCE
OFFICER OF THE COUNTY TO PREPARE ON BEHALF OF THE DISTRICT AN
APPLICATION TO THE LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF THE
DISTRICT'S PROPOSED EXTENSION OF A BOND ORDER AND TO SUBMIT SUCH
APPLICATION TO THE LOCAL GOVERNMENT COMMISSION
WHEREAS, the Board of Commissioners (the "Board") of the County of Harnett, North Carolina
(the "County"), sitting as the governing body of the South Central Water and Sewer District of Harnett
County (the "District"), has previously adopted the following bond order for the following purposes and
in the following maximum amount (the "Bond Order"):
$42,000,000 of bonds to pay the costs of providing for the construction, equipping,
renovation and furnishing of a centralized wastewater collection system within the
District, including, but not limited to, the acquisition of pumping stations, the upgrading
PPAB 1602199v2
of a wastewater treatment plant and the installation of gravity collection lines and
forcemain.
WHEREAS, the Bond Order was effective on its approval by the voters on February 4, 2003 and
is effective through February 4, 2010;
WHEREAS, on behalf of the District, the Board seeks approval from the Local Government
Commission of a three-year extension of the Bond Order during which time the District expects to issue
bonds in the amount of the remaining $32,247,000;
WHEREAS, it is necessary, as a condition to the consideration and adoption of an extension of the
Bond Order, to submit an application to the Local Government Commission for approval of the extension,
all in the manner required by the Local Government Bond Act
NOW, THEREFORE, BE IT RESOLVED by the Board, sitting as the governing body of the
District, that the Finance Officer of the County is hereby directed to file on behalf of the District with the
Local Government Commission an application for the Local Government Commission's approval of the
extension described above and to request in such application that the Local Government Commission
approve the County's use of Parker Poe Adams & Bernstein LLP, Charlotte, North Carolina, as bond
counsel for the District, and to state in such application such facts and to attach thereto such exhibits in
regard to the extension as may be required by the Local Government Commission.
On motion of Commissioner Andrews, seconded by Vice Chairman Hill, the foregoing resolution
entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH
CAROLINA, SITTING AS THE GOVERNING BODY OF THE SOUTH CENTRAL WATER AND SEWER
DISTRICT OF HARNETT COUNTY, AUTHORIZING THE FINANCE OFFICER OF THE COUNTY TO
PREPARE ON BEHALF OF THE DISTRICT AN APPLICATION TO THE LOCAL GOVERNMENT
COMMISSION FOR APPROVAL OF THE DISTRICT'S PROPOSED EXTENSION OF A BOND ORDER AND TO
SUBMIT SUCH APPLICATION TO THE LOCAL GOVERNMENT COMMISSION" was duly adopted by the
following vote:
Ayes: Five
Nays: None
PPAB 1602199v2
State of North Carolina
ss:
County of Harnett )
I, Margaret Regina Daniel, Acting Clerk to the Board of Commissioners of the County of Harnett,
North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution
entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH
CAROLINA, SITTING AS THE GOVERNING BODY OF THE SOUTH CENTRAL WATER AND SEWER
DISTRICT OF HARNETT COUNTY, AUTHORIZING THE FINANCE OFFICER OF THE COUNTY TO
PREPARE ON BEHALF OF THE DISTRICT AN APPLICATION TO THE LOCAL GOVERNMENT
COMMISSION FOR APPROVAL OF THE DISTRICT'S PROPOSED EXTENSION OF A BOND ORDER AND TO
SUBMIT SUCH APPLICATION TO THE LOCAL GOVERNMENT COMMISSION" adopted by the Board of
Commissioners of the County of Harnett, North Carolina at a meeting held on the 19th day of October,
2009.
WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 19
day of October, 2009.
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I'Laav� Aal�,ull A� At, o
Margar Regina'D 1
Actin Jerk to the and of Commissioners
Coun of Harnett, North Carolina
PPAB 1602199v2