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Home My WebLink About100410mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting October 4, 2010 The Harnett County Board of Commissioners met in regular session on Monday, October 4, 2010, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Timothy B. McNeill, Chairman Beatrice B. Hill, Vice- Chaiiman Dan B. Andrews, Commissioner Gary House, Commissioner Jim Burgin, Commissioner Scott Sauer, County Manager Tony Wilder, Deputy County Manager Dwight Snow, County Attorney Sylvia Blinson, Finance Office Gina Wheeler, Clerk Chairman McNeill called the meeting to order at 9:00 a.m. Commissioner Andrews led the pledge and invocation. Chaiinian McNeill called for additions and deletions to the published agenda. Chairman McNeill requested the addition of budget amendment 83 JCPC in the amount of $10,565 to budget the return of unspent grant funds for the JCPC Administrative Program that were remaining at the end of FY 2009 -2010. Commissioner Burgin moved to approve the agenda as amended. Commissioner Andrews seconded the motion which passed unanimously. Commissioner House moved to approve the following items on the revised consent agenda. Commissioner Burgin seconded the motion which passed unanimously. 1. Budget amendments: 70 Human Resources Code 110 - 4250- 410.35 -40 Wellness Grant 110 -8800- 490.32 -16 Contingency 110- 0000 - 353.42 -01 Wellness Grant — NCACC 71 Environmental Protection Allocation Code 110- 6999 - 429.35 -36 Riverside Drainage Phase 1 110- 0000 - 399.00 -00 Fund Balance Appropriated 10,000 increase 5,000 decrease 5,000 increase 42,087 increase 42,087 increase October 4, 2010 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 8 72 Solid Waste Code 580- 6600 - 461.74 -74 Capital Outlay (Convenience Site Improvements) 580- 0000 - 341.15 -00 Recycling Fee 73 Economic Development Code 110- 7100 - 465.32 -79 Economic Development (New Castle) 110 -8800- 490.32 -16 Contingency 250,000 decrease 250,000 decrease 1,183 increase 1,183 decrease 74 Revenues Code 110- 0000 - 356.41 -06 Reimbursement - Insurance (Swift Denim) 7,946 increase 110- 0000 - 399.00 -00 Fund Balance Appropriated 7,946 decrease 75 Traffic Safety Proiect Code 110 -5107- 420.11 -00 110 -5107- 420.21 -00 110 -5107- 420.33 -00 110 -5107- 420.23 -02 110 -5107- 420.23 -05 110 -5107- 420.26 -08 110 -5107- 420.60 -33 110 -5107- 420.60 -33 110 -5107- 420.60 -36 110- 8800 - 490.32 -16 110- 0000 - 331.51 -12 76 Traffic Safety Proiect Code 110 -5107- 420.60 -33 110- 0000 - 331.51 -12 77 Cooperative Extension Code 110 -7319- 465.11 -00 110- 7319- 465.21 -00 110- 7319- 465.22 -00 110- 7319- 465.23 -00 110 -7319- 465.26 -08 110 -7319- 465.32 -26 110 -7319- 465.58 -14 110- 7319- 465.60 -33 110- 7319- 465.60 -47 110- 0000 - 331.73 -19 78 Cooperative Extension - Code 110- 7313 - 465.11 -00 110 -7313- 465.12 -00 Salaries & Wages Group Insurance FICA LEO - Retirement LEO Supplemental Retirement Worker's Compensation Materials & Supplies Capital Outlay Uniforms Contingency Governor's Highway Safety Grant Traffic Safety Equipment Grant Governor's Highway Safety Grant Salaries Group Insurance FICA Tax Regular Retirement Worker's Comp Incentives Travel Admin Materials & Supplies Food & Provisions Revenue Teens As Parents Salaries & Wages Part-time Salaries & Wages 85,520 increase 14,136 increase 6,544 increase 5,132 increase 4,276 increase 2,245 increase 13,000 increase 88,000 increase 2,000 increase 33,128 decrease 187,725 increase 8,000 increase 8,000 increase 25,463 increase 4,895 increase 2,076 increase 1,747 increase 423 increase 2,650 increase 4,911 increase 1,665 increase 1,170 increase 45,000 increase 62,558 increase 17,000 increase October 4, 2010 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 8 78 Cooperative Extension - Teens As Parents continued Code 110- 7313- 465.21 -00 Group Insurance 110 - 7313 - 465.22 -00 110 -7313- 465.23 -00 110 -7313- 465.26 -08 110- 7313- 465.58 -14 110- 7313- 465.60 -33 110- 0000 - 353.73 -13 110- 0000 - 334.73 -13 FICA Regular Retirement Worker's Compensation Travel Materials & Supplies Teens As Parents Revenue - BJRH Governor's Crime Commission 79 Cooperative Extension- Raising A Reader Code Salaries & Wages Group Insurance FICA Retirement Worker's Compensation Incentives Stipend Travel Food & Provisions Materials & Supplies Revenue 110- 7321 - 465.11 -00 110 -7321- 465.21 -00 110- 7321 - 465.22 -00 110 -7321 - 465.23 -00 110- 7321- 465.26 -08 110 -7321 - 465.32 -26 110- 7321 - 465.35 -01 110- 7321 - 465.58 -14 110- 7321- 465.60 -47 110- 7321 - 465.60 -33 110- 0000 - 334.73 -21 80 Cooperative Code Extension - Ouality Enhancement Salaries & Wages Group Insurance FICA Retirement Worker's Compensation Provider Supplies Telecommunications & Postage Printing & Binding Employee Training Travel Materials & Supplies Food & Provisions Salaries - Part time Quality Enhancement at 100% Budget Allocation 110- 7322 - 465.11 -00 110- 7322 - 465.21 -00 110- 7322 - 465.22 -00 110- 7322 - 465.23 -01 110- 7322 - 465.26 -08 110- 7322 - 465.35 -01 110- 7322 - 465.41 -11 110- 7322 - 465.55 -12 110- 7322 - 465.58 -01 110- 7322 - 465.58 -14 110 -7322- 465.60 -33 110- 7322 - 465.60 -47 110- 7322 - 465.12 -00 110- 0000 - 334.73 -22 81 Library Code 110- 8100 - 450.58 -14 Travel 110 -8100- 450.58 -01 Training & Meetings 110- 0000 - 331.81 -06 LSTA Grant - NC Library STARS 12,462 increase 6,067 increase 3,053 increase 1,190 increase 11,400 increase 500 increase 28,558 increase 85,672 increase 20,343 increase 4,533 increase 1,556 increase 1,310 increase 311 increase 853 increase 1,500 increase 2,250 increase 2,250 increase 7,094 increase 42,000 increase 68,589 increase 13,448 increase 6,175 increase 5,180 increase 869 increase 65,634 increase 700 increase 1,250 increase 3,250 increase 7,750 increase 1,077 increase 1,050 increase 13,000 increase 187,972 increase 885 increase 279 increase 1,164 increase October 4, 2010 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 8 83 JCPC Administrative Funds Code 110 -5899- 420.32 -82 Return of Unspent Grant Funds 110 -0000- 399.00 -00 Fund Balance Appropriated 2. Tax refunds, rebates and releases (Attachment 1) 10,565 increase 10,565 increase 3. Cooperative Extension requested permission to re -apply for the Adolescent Parenting Program Grant funded by the Teen Pregnancy Prevention Initiative. Reapplication was recommended by the Teens As Parents Executive Committee. 4. Library requested authorization to accept and approve funds for the NC LSTA grant — NC Library STARS. The Children's Librarian has been awarded this grant to attend the ARSL /ABOS Joint Conference in Denver, Colorado, October 14 -16, 2010. This grant will reimburse libraries up to $1,400 in eligible expenses per participant. Grant funds will be used for conference registration, hotel lodging and airfare. The applicant and /or library (County) will be responsible for meals, transportation to and from the airport and parking. 5. Library requested authorization to apply for a NC Arts Council Grassroots Arts Program sub -grant from the Harnett County Arts Council. This grant will fund quality arts experiences for Harnett County citizens and especially children. This grant requires a local match which is budgeted in their special programs line item for children's art programming. 6. Planning Services requested authorization to accept 2011 Capital Area Metropolitan Planning Organization (CAMPO) STP -DA Bicycle /Pedestrian/Transit Non - Competitive Monies. These grant monies, in the amount of $24,950 with a local match of $6,237.50, are to be used to create a master plan for bicycle and pedestrian facilities in Northwestern Harnett. 7. Planning Service's Community Development requested approval to accept a $5,000 Rail Trail Grant contract between the County of Harnett and NC DENR for Dunn -Erwin Rail Trail Restoration Grant Contract 3520. 8. Planning Service's Community Development requested approval to accept a $6,280 Rail Trail Grant ($1,280 in -kind) contract between the County of Harnett and NC DENR for Dunn -Erwin Rail Trail Restoration Grant Contract 3392. 9. Deputy County Manager requested approval of a lease agreement for the Buckhorn Container Site for one year in the amount of $2,100 October 4, 2010 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 8 10. Emergency Services requested the following Fund Trustees: Spout Springs Emergency Services George Williams Robert Doberstein Anderson Creek Emergency Services Elizabeth Rodriguez Kendra Winpegler Erwin Fire Depai tment Ricky Blackman John Wilkins Buies Creek Rural Fire Depaitment Waymon Byrd Ashley Stewart Summerville Fire & Rescue, Inc. Steve Worrell Leo McDonald Benhaven Emergency Services William Hayes Margaret H. Douglas Averasboro /Dunn Emergency Services Arnold B. Barefoot, Sr. Richard E. Hedgepeth appointments of Local Firemen's Relief Flat Branch Volunteer Fire Department Ron Burgess Holt Felment Flatwoods Community Fire Department Angus Strickland Cecil McNeill Coats -Grove Fire and Rescue Department Graymon Powell Jay Smith Angier & Black River Fire Department Eric Byrd Harold Flowers, Jr. Boone Trail Emergency Services Vernon Cox Donald O' Quinn Northwest Harnett Volunteer Fire Dept. Glenwood M. Caviness, Jr. Richard Braswell Bunnlevel Volunteer Fire Department Everette Hurley David Miles 11. Resolution authorizing the negotiation of an installment financing contract and providing for certain other related matters thereto and notice of public hearing on October 18, 2010 at 7:00 pm. (Attachment 2) Chairman McNeill opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation. Dr. Katherine Evans, 621 Tursa Drive, shared her frustrations regarding the recent disposal of two 55 gallon barrels of material illegally dumped on her property. Vice Chairman Hill moved to approve the appointment listed below. Commissioner Andrews seconded the motion which passed unanimously. Adult Care Home Community Advisory Committee Mary W. Forrest (nominated by Commissioner Andrews) was reappointed for a term of three years ending October 31, 2013. Mr. Sauer presented the following report: • Planning Services Report August 2010 October 4, 2010 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 8 Mr. Sauer reminded the group of the community information session in the Riverside area schedule for later that day to gather information related to the community drainage project. He highlighted the upcoming breakfast with Harnett Health Systems on October 7th where they will give an update on the financing of the hospital project. Mr. Sauer called upon Greg Taylor and Don Belk, both with BRAC RTF, to share a presentation with commissioners. The gentlemen announced that Timothy B. McNeill had been awarded the 2010 Distinguished Leadership Award from the North Carolina Chapter of the American Planning Association at their recent conference in New Bern. Mr. Belk, who nominated Mr. McNeill, said "he displayed exceptional diplomacy that was essential to bring eleven diverse county commissioners to consensus on the planning required for mandated growth at a scale unprecedented for this region of southeastern North Carolina ". Mr. Belk said "Mr. McNeill has clearly demonstrated his commitment to regionalism at a critical time for this region and for the State of North Carolina. Through enlightened and inspired leadership, Mr. McNeil has eliminated many of the archaic, political obstacles inherent in vertical, `siloed' thinking and instead created and led a team solidly focused on planning for a sustainable future ". Mr. McNeill was Chairman of the Fort Bragg/Pope Air Force Base BRAC Regional Task Force from its inception in 2006 through 2009, Mr. Sauer reported design work had been initiative on the Good Hope Psychiatric in- patient bed facility. He said we have processed the first invoice and the engineer believes he is about 30% complete on preliminary design. Mr. Sauer proposed a change of venue for the upcoming October 12th work session and suggested meeting at the Old Shawtown School. The PAL program has some ideals for using this space which Commissioners have recently discussed. He noted the Harnett United Police Athletic Program (PAL) is a joint effort between the Sheriffs Office and the Town of Lillington with community outreach in the Shawtown area. Mr. Sauer distributed a draft sales tax referendum brochure asking for consensus to distribute the brochure as an insert in the public utility bills being mailed out prior to November 2, 2010. Commissioner Andrews moved to proceed with distribution of the brochures as presented; Vice - Chairman Hill seconded to motion. Commissioner Burgin said he felt like some of the information included in the brochure was promoting the sales tax increase and he did not want his name printed on the referendum without an asterisk and statement noting he did not support this tax increase. Commissioner Burgin moved to table the motion to approve the brochure. The motion was seconded by Commissioner House and failed 3 to 2. The motion to approve the brochure as presented and proceed with distribution passed 3 to 2 with Commissioners Burgin and House opposing. Cindy Milton, Director of the Harnett County Department of Social Services, reported significant work load challenges for staff and requested assistance with pending applications for Family and Children's Medicaid. She shared a handout regarding Virtual Income Maintenance Processing and the recommendation that the Department of Social Services contract with Eligibility Solutions Incorporated, an affiliate of Vanguard Professional Staffing, Inc. for the completion of applications. Mrs. Milton suggested contact through a professional services agency as opposed to hiring staff and believes she can absorb the cost through lapse salaries. Mrs. Milton reported October 4, 2010 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 8 the cost of $57.50 per application. Commissioner Burgin moved to approve going with contract services in Social Services. Vice Chairman Hill seconded the motion which passed unanimously. Mr. Sauer reported a really great turn out for the Industry Tour. He said Saab allowed them to use their facilities where a local high school chorus did an amazing rendition of the National Anthem. Vice Chairman Hill thanked Dr. Evans for the information she brought to their attention as she believes it is happening throughout the county and needs to be looked into. Commissioner House moved that the Board go in to closed session to discuss certain personnel. This motion was made pursuant to N.C. General Statute Section 143- 318.11(a)(6). Commissioner Andrews seconded the motion which passed unanimously. Commissioner Burgin moved that the Board come out of closed session. Commissioner Andrews seconded the motion which passed unanimously. Commissioner Burgin moved to remove his previous motion from the table to reduce the property taxes by 1/2 cent if the 1/4 cent sales tax referendum passed. He stated his belief it is the fairest way to tax. The motion was seconded by Commissioner House. Chairman McNeill said he doesn't feel like they can commit to this given all of the uncertainty with the state's budget. The motion failed 3 to 2 and the motion remained tabled. Commissioner Burgin said this is a new tax any way you look at it and he does not support it without an adjustment to property taxes. Commissioner House discussed modular school construction and distributed color pictures and other information from Champion. Chairman McNeill and Commissioner House asked that Champion representatives be invited to present at an upcoming meeting. Commissioner House spoke of his love for and the benefits of rivers in Harnett County. He said Harnett County has a history of willful environmental neglect and he is concerned about the Lower Little River which the South Regional WWTP discharges in to. Commissioner House said the South Regional WWTP is currently under a 10,000 gallon per day upgrade and according to NC DENR last week, no pennit or authorization to construct this addition has ever been granted to Harnett County. Commissioner House said almost $4.5 Million has been spent without this addition or project being permitted. Chairman McNeill said they would follow -up as we would be in serious violation with the upgrade under construction without NC DENR permits. Mr. Sauer assured commissioners that the County does have the authorization to construct. Commissioner House said he requested the peuuit from the County the previous week and it was never provided. He said NC DENR also told him on the phone that there was no peHnit. Commissioner House commented that we have promised out a lot of capacity that may never be permitted and if this is true, Public Utilities have put the County at huge, financial risk. October 4, 2010 Regular Meeting Minutes Harnett County Board of Commissioners Page 7 of 8 Commissioner House moved that they halt construction on the upgrade of the plant and Anderson Creek Sewer Project until the proper permit is issued; that we suspend Public Utilities' management without pay until there can be a thorough investigation with the issues resolved including a permit in hand to proceed, that we suspend any other employee who had knowledge of the permits but did not the Board; and that we appoint Amanda Bader to be interim Public Works Director. Chairman McNeill requested that the meeting being recessed to allow staff to call Raleigh and see where we are with the permit. Commissioner Andrews moved to recess the meeting. The motion was seconded by Vice Chairman Hill and passed unanimously. Chairman McNeill called the meeting back to order. Mr. Sauer distributed a December 4, 2009, letter to Rodney Tart from NC DENR with authorization to construct. The letter states: "A letter of request for an Authorization to Construct was received July 8, 2008, by the Division, and final plans and specifications for the Harnett County Department of Public Utilities, South Regional Wastewater Treatment Plan Upgrade, Harnett County, have been reviewed and found to be satisfactory. Authorization is hereby granted for the construction of modifications to the Existing 5 MGD South Regional Wastewater Treatment Plant, with discharge of treated wastewater into the Little River in the Cape Fear River Basin. This authorization results in no increase in design or permitted capacity and is awarded for the construction of specific modifications" listed within the letter. The letter also states "please note this Authorization to Construct does not expressly grant or imply approval of any additional capacity pursuant to Permit No. NC0088366." Commissioner Burgin requested a special work session to discuss this project. Commissioner House, at the request of Commissioner Burgin, withdrew his motion until this could be discussed and reviewed. Commissioner Andrews moved to adjourn the meeting at 10:41 am. The motion was seconded by Vice Chairman Hill and passed unanimously. McNeill, Chaii man October 4, 2010 Regular Meeting Minutes Harnett County Board of Commissioners Page 8 of 8 ATTACHMENT 1 e>� ,Arci c; ti:ctrarn,rc'A ors Boar d °Kepor Date : 10/04/2010 Approved By : TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES No. Name of Tax Payer 1 BLALOCK, BONNIE THOMAS BLALOCK, BILLY JOE & JERRY WAYNE 1/3 UNDV INT 312 THIRD STREET BROADWAY NC, 27505 - 0000 2 BLALOCK, BONNIE THOMAS BLALOCK, BILLY JOE & JERRY WAYNE 1/3 UNDV INT 312 THIRD STREET BROADWAY NC, 27505 - 0000 3 BLALOCK, BONNIE THOMAS BLALOCK, BILLY JOE & JERRY WAYNE 1/3 UNDV INT 312 THIRD STREET BROADWAY NC, 27505 - 0000 4 BLALOCK, BONNIE THOMAS BLALOCK, BILLY JOE & JERRY WAYNE 1/3 UNDV INT 312 THIRD STREET BROADWAY NC, 27505 - 0000 5 BYRD, RICHARD HALL 1881 BUNNLEVEL ERWIN ROAD BUNNLEVEL NC, 28323 - 0000 6 BYRD, RICHARD HALL 1881 BUNNLEVEL ERWIN ROAD BUNNLEVEL NC, 28323 - 0000 7 BYRD, RICHARD HALL 1881 BUNNLEVEL ERWIN ROAD BUNNLEVEL NC, 28323 - 0000 8 BYRD, RICHARD HALL 1881 BUNNLEVEL ERWIN ROAD BUNNLEVEL NC, 28323 - 0000 9 BYRD, RICHARD HALL 1881 BUNNLEVEL ERWIN ROAD BUNNLEVEL NC, 28323 - 0000 Bill Tax, Interest and Total Request Reason Penalties Refund Status 0000005077 -2005- 2005 - 000000 0000005077 - 2006 -2006- 000000 0000005077- 2007- 2007- 000000 0000005077- 2008- 2008- 000000 0000008374- 2005- 2005- 000000 0000008374- 2006- 2006- 000000 0000008374- 2007- 2007- 000000 0000008374- 2008- 2008- 000000 0000008374- 2009- 2009- 000000 City 0.00 County 37.50 City 0.00 County 37.50 City 0.00 County 37.50 City 0.00 County 45.00 City 0.00 County 112.53 City 0.00 County 112.50 City 0.00 County 112.50 City 0.00 County 141.62 City 0.00 County 135.00 37.50 Refund Refunding Solid Waste Fee; No home on property Refunding Solid Waste 37.50 Refund Fee; No home on property Refunding Solid Waste 37.50 Refund Fee; No home on property Refunding Solid Waste 45.00 Refund Fee; No home on property 112.53 Refund 112.50 Refund 112.50 Refund 141.62 Refund 135.00 Refund Refunding Solid Waste Fees; no homes on property Refunding Solid Waste Fees; no homes on property Refunding Solid Waste Fees; no homes on property Refunding Solid Waste Fees; no homes on property Refunding Solid Waste Fees; no homes on property 10 CAMERON, JAMES 3293 NC 87 NORTH SANFORD NC, 27332 - 0000 11 HAYES, MARK D HAYES, MARY E 916 MCKAY DRIVE SPRING LAKE NC, 28390 - 0000 12 HURLEY, EVERETTE QUIXOTE PO BOX 592 BUNNLEVEL NC, 28323 - 0592 13 LAW, JOHN ALLEN 249 PINEVALLEY LN SANFORD, NC 273321366 SANFORD, NC, 27332 -1366 14 MCNEILL, PHILLIP LEE Taxpayer 815 MCNEILL MILL RD Deceased - BROADWAY NC 275050000 Rebilled to BROADWAY NC, 27505 - 0000 City 0.00 Remove 0000036701- 2010- 2010- 000000 289.62 Refund Elderly Exemption Status County 289.62 0000034640 -2010- 2010 - 000000 0000046796 - 2010 -2010- 000000 0001681659- 2010- 2009- 000000 0001764688- 2010- 2010- 000000 City County City County City County City County Refunding 0.00 Solid Waste 39.49 Refund Fee; No home on property. 39.49 Refunding 0.00 Solid Waste 45.00 Refund Fee; No home on property. 45.00 0.00 4.56 0.00 85.59 Situs 4.56 Refund Correction Military 85.59 Refund Exemption 15 NEIGHBORS, ALGENE J Released to 983 BRINKLEY ROAD Rebill - DUNN NC, 28334 - 0000 Taxpayer is Receiving Elderly City 0.00 Exemption but 0000039238- 2010- 2010- 000000 340.28 Refund resides at a different address. Will need to reapply in 2011. 16 PARKER, EDNA BAREFOOT PO BOX 833 DUNN, NC, 28335 - 0833 17 ROSATO, KRISTYN ANDREA ROSATO, MICHAEL VINCENT 2200 1ST AVE N 3G BIRMINGHAM AL, 35203 18 ROSATO, KRISTYN ANDREA ROSATO, MICHAEL VINCENT 2200 1ST AVE N APT 3G BIRMINGHAM AL, 35203 19 ROSATO, KRISTYN ANDREA ROSATO, MICHAEL VINCENT 2200 1ST AVE N 3G BIRMINGHAM AL, 35203 20 ROSATO, KRISTYN ANDREA ROSATO, MICHAEL VINCENT 2200 1ST AVE N 3G BIRMINGHAM AL, 35203 21 ROSATO, MICHAEL VINCENT 2200 1ST AVE N 3G BIRMINGHAM AL, 35203 0001762967- 2010- 2010- 000001 0001563954- 2008- 2008- 000000 0001563954- 2009- 2009- 000000 0001584141- 2008- 2008- 000000 0001584141- 2009- 2009- 000000 0001675421- 2009- 2009- 000000 County 340.28 City() 40.04 County 0.00 City 0.00 County 25.03 City 0.00 County 19.56 City 0.00 County 66.37 City 0.00 County 64.39 City 0.00 County 205.92 Situs 7.67 Refund Correction Military 25.03 Refund Exemption Military 19.56 Refund Exemption Military 66.37 Refund Exemption Military 64.39 Refund Exemption Military 205.92 Refund Exemption 22 SHUMAKER, THOMAS MICHAEL 1 TUFTS ST CAMERON, NC, 28326 - 6243 23 SHUMAKER, THOMAS MICHAEL 1 TUFTS ST CAMERON, NC, 28326 - 6243 24 WIGGS, BILLIE JEAN WIGGS, HOLLIS OLIVER 63 HARVELL ROAD COATS NC, 27521 - 0000 0001762885- 2010- 2010- 000000 0001772213- 2010- 2010- 000000 0000059276- 2005- 2005- 000000 25 WIGGS, BILLIE JEAN WIGGS, HOLLIS OLIVER 63 HARVELL ROAD COATS NC, 27521 - 0000 0000059276- 2006- 2006- 000000 26 WIGGS, BILLIE JEAN WIGGS, HOLLIS OLIVER 63 HARVELL ROAD COATS NC, 27521 - 0000 0000059276- 2007- 2007- 000000 27 WIGGS, BILLIE JEAN WIGGS, HOLLIS OLIVER 63 HARVELL ROAD COATS NC, 27521 - 0000 0000059276- 2008- 2008- 000000 28 WIGGS, BILLIE JEAN WIGGS, HOLLIS OLIVER 63 HARVELL ROAD COATS NC, 27521 - 0000 0000059276- 2009- 2009- 000000 WM. A. TONY WILDER Revenue Administrator CC: WM. A. TONY WILDER City County City County City 0.00 30.00 0.00 19.80 Military 30.00 Refund Exemption Military 19.80 Refund Exemption Refunding Solid Waste 0.00 Fee; Only 3 37.50 Refund Mobile Homes on Property County 37.50 City Refunding Solid Waste 0.00 Fee; Only 3 37.50 Refund Mobile Homes on Property County 37.50 City Refunding Solid Waste 0.00 Fee; Only 3 37.50 Refund Mobile Homes on Property County 37.50 City Refunding Solid Waste 0.00 Fee; Only 3 45.00 Refund Mobile Homes on Property County 45.00 City Refunding Solid Waste 0.00 Fee; Only 3 45.00 Refund Mobile Homes on Property County 45.00 City Total County Total Total to be Refunded 40.04 2,209.76 2,249.80 ATTACHMENT 2 EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS A regular meeting of the Board of Commissioners (the "Board") of the County of Harnett, North Carolina (the "County") was held on Monday, October 4, 2010, at 9:00 a.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: Timothy B. McNeill, Chairman Beatrice B. Hill, Vice Chairman Dan Andrews Jim Burgin Gary House Commissioners Absent: N/A * * * * Commissioner Gary House 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 BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT FINANCING CONTRACT AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO WHEREAS, the County of Harnett, North Carolina (the "County") is a validly existing political subdivision of the State of North Carolina, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina (the "State"); WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina to (1) purchase real and personal property, (2) enter into installment purchase contracts in order to finance or refinance the purchase of real and personal property used, or to be used, for public purposes, and (3) grant a security interest in some or all of the property purchased to secure repayment of the purchase price; WHEREAS, the County has previously executed and delivered (a) an Installment Purchase Contract dated as of April 15, 2000 (the "2000 Contract ") between the County and Harnett County Public Facilities Corporation (the "Corporation"), (b) an Installment Purchase Contract dated as of May 15, 2002 (the "2002 Contract ") between the County and the Corporation and (c) an Installment Financing Contract dated as of May 1, 2008 (the "2008 Contract," and together with the 2000 Contract and the 2002 Contract, the `Prior Contracts ") between the County and Branch Banking and Trust Company; PPAB 1733746v1 WHEREAS, to secure its obligations under the Prior Contracts, the County has previously executed and delivered various deeds of trusts encumbering, among other collateral, the sites on which Angier Elementary School, the County Courthouse Facility, Overhills High School, Highland Elementary School and Lillington- Shawtown Elementary School are located (collectively, the "Sites") and the improvements thereon; WHEREAS, the Board hereby determines that it is in the best interest of the County to (1) enter into an Installment Financing Contract (the "Contract") with a financial institution to be determined (the "Bank ") in order to pay the capital costs of refinancing its installment payment obligations under the Prior Contracts, and (2) to enter into a deed of trust, security agreement and fixture filing (the "Deed of Trust ") relating to all or such portion of the County's fee simple interest in one or more of the Sites and the improvements thereon as may be required to secure the refinancing; WHEREAS, the County has previously determined and hereby determines that the acquisition of the projects financed under the Prior Contracts are essential to the County's proper, efficient and economic operation and to the general health and welfare of its inhabitants; that the projects financed under the Prior Contracts are providing an essential use and are permitting the County to carry out public functions that it is authorized by law to perform; and that entering into the Contract and Deed of Trust is necessary and expedient for the County by virtue of the findings presented herein; WHEREAS, the County has been advised that it can achieve savings by refinancing the principal portion of the County's installment payments due under the Prior Contracts; WHEREAS, the County hereby determines that the Contract allows the County to refinance the Prior Contracts at a favorable interest rate currently available in the financial marketplace and on terms advantageous to the County; WHEREAS, the County hereby determines that the estimated cost of refinancing the Prior Contracts is an amount not to exceed $53,000,000 and that such cost of the refinancing of the Prior Contracts exceeds the amount that can be prudently raised from currently available appropriations, unappropriated fund balances and non -voted bonds that could be issued by the County in the current fiscal year pursuant to Article V, Section 4 of the Constitution of the State; WHEREAS, although the cost of refinancing of the Prior Contracts pursuant to the Contract is expected to exceed the cost of refinancing the Prior Contracts pursuant to a bond financing for the same undertaking, the County hereby determines that the cost of refinancing the Prior Contracts pursuant to the Contract and the Deed of Trust and the obligations of the County thereunder are preferable to a general obligation bond financing or revenue bond financing for several reasons, including but not limited to the following: (1) the cost of a special election necessary to approve a general obligation bond financing, as required by the laws of the State, would result in the expenditure of significant funds; (2) the time required for a general obligation bond election would cause an unnecessary delay which would thereby decrease the financial benefits of refinancing the Prior Contracts; and (3) insufficient revenues are produced by projects financed under the Prior Contracts so as to permit a revenue bond financing; WHEREAS, the County hereby determines that the estimated cost of refmancing the Prior Contracts pursuant to the Contract reasonably compares with an estimate of similar costs under a bond financing for the same undertaking as a result of the findings delineated in the above preambles; WHEREAS, the County does not anticipate a future property tax increase to pay installment payments falling due under the Contract; PPAB 1733746v1 WHEREAS, Parker Poe Adams & Bernstein LLP, as special counsel ( "Special Counsel"), will render an opinion to the effect that entering into the Contract and the transactions contemplated thereby are authorized by law; WHEREAS, no deficiency judgment may be rendered against the County in any action for its breach of the Contract, and the taxing power of the County is not and may not be pledged in any way directly or indirectly or contingently to secure any moneys due under the Contract; WHEREAS, the County is not in default under any of its debt service obligations; WHEREAS, the County's budget process and Annual Budget Ordinance are in compliance with the Local Government Budget and Fiscal Control Act, and external auditors have determined that the County has conformed with generally accepted accounting principles as applied to governmental units in preparing its Annual Budget ordinance; WHEREAS, past audit reports of the County indicate that its debt management and contract obligation payment policies have been carried out in strict compliance with the law, and the County has not been censured by the North Carolina Local Government Commission (the "LGC"), external auditors or any other regulatory agencies in connection with such debt management and contract obligation payment policies; WHEREAS, a public hearing on the Contract after publication of a notice with respect to such public hearing must be held and approval of the LGC with respect to entering the Contract must be received; and WHEREAS, the County hereby determines that all findings, conclusions and determinations of the County in this Resolution are subject to modification or affirmation after all interested parties have been afforded the opportunity to present their comments at a public hearing regarding the execution and delivery of the Contract, the Deed of Trust and the projects to be refinanced thereby. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS: Section 1. Authorization to Negotiate the Contract. The County Manager and the Finance Officer, with advice from the County Attorney and Special Counsel, are hereby authorized and directed to proceed and negotiate on behalf of the County for the refinancing of the Prior Contracts for a principal amount not to exceed $53,000,000 under the Contract to be entered into in accordance with the provisions of Section 160A -20 of the General Statutes of North Carolina and to provide in connection with the Contract, as security for the County's obligations thereunder, the Deed of Trust conveying a lien and interest in one or more of the Sites, including the improvements thereon, as may be required by the entity or entities, or their respective assigns, providing the funds to the County under the Contract. Section 2. Application to LGC. The Finance Officer or her designee is hereby directed to file with the LGC an application for its approval of the Contract and all relevant transactions contemplated thereby on a form prescribed by the LGC and to state in such application such facts and to attach thereto such exhibits regarding the County and its financial condition as may be required by the LGC. Section 3. Direction to Retain Special Counsel; Financial Advisor. The County Manager and the Finance Officer, with advice from the County Attorney, are hereby authorized and directed to PPAB 1733746v1 retain the assistance of Parker Poe Adams & Bernstein LLP, Charlotte, North Carolina, as special counsel, and Davenport & Company LLC, as financial advisor. Section 4. Public Hearing. A public hearing (the "Public Hearing ") shall be conducted by the Board of Commissioners on October 18, 2010 at 7:00 p.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, concerning the Contract, the Deed of Trust, the refinancing of the Prior Contracts and any other transactions contemplated therein and associated therewith. Section 5. Notice of Public Hearing. The Clerk to the Board is hereby directed to cause a notice of the Public Hearing to be published once in a qualified newspaper of general circulation within the County no fewer than 10 days prior to the Public Hearing. Section 6. Repealer. All motions, orders, resolutions and parts thereof in conflict herewith are hereby repealed. Section 7. Effective Date. This Resolution is effective on the date of its adoption. On motion of Commissioner Gary House, the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT FINANCING CONTRACT PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" was duly adopted by the following vote: AYES: 5 NAYS: 0 PPAB 1733746v1 STATE OF NORTH CAROLINA ss: COUNTY OF HARNETT I, MARGARET REGINA WHEELER, Clerk to the Board of Commissioners of the County of Harnett, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT FINANCING CONTRACT PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" adopted b1 the Board of Commissioners of the County of Harnett, North Carolina, at a meeting held on the 4 day of October, 2010. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 4th day of October, 2010. c, tj 1, 0' • �1- • : CamJ PPAB 1733746v1 f tv\x_ f t_ku4(: 1 /1 0x1 c� MARL T RE' 3INA W HEELER Clerk the Board Cou of Harnett, North Carolina