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HomeMy WebLinkAbout112111mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting November 21, 2011 The Harnett County Board of Commissioners met in regular session on Monday, November 21, 2011, 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 Chairman Dan B. Andrews, Commissioner Gary House, Commissioner Jim Burgin, Commissioner Scott Sauer, County Manager Tony Wilder, Deputy County Manager Dwight Snow, Staff Attorney Sylvia Blinson, Finance Officer Margaret Regina Wheeler, Clerk Chairman McNeill called the meeting to order at 7:00 pm. Commissioner House led the pledge of allegiance and invocation. Chairman McNeill called for additions and deletions to the published agenda. Mr. Sauer requested the addition of a budget amendment to purchase a densifier to process the Styrofoam debris from the Food Lion demolition which would reduce the volume of the Styrofoam by as much as 90% preserving nine months of airspace in the Dunn Erwin Landfill. Commissioner Andrews moved to approve the agenda as amended. Commissioner Burgin seconded the motion which passed unanimously. Commissioner Burgin requested clarification on the following budget amendments: - 125 Public Utilities Department Capital Project PU 1006 SCWW 1C -2, $20,000 Explanation: to increase legal and administrative line for anticipated attorney fees Mr. Ward said this cost was mainly filing fees for easement work for outside help needed to complete this project on time. 126 Public Utilities PU0604 Erwin Wastewater Improvements Capital Project Ordinance, $140,000, Explanation: To fund closing fees for SRF Project No. CS370454 -05 - 129 Debt Service, $24,033,690, Explanation: To budget loan proceeds to cover the cost of issuance for the 2011 Refunding debt, the refinancing of 2 schools 130 Public Utilities Department, $743,310, Explanation: To budget loan proceeds to cover the cost of issuance for the 2011 Refunding debt. Mrs. Blinson said this was to put money in an escrow account up front to set up payable for future November 21, 2011 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 9 135 Public Utilities Department Capital Proiect PU 1006 SCWW 1C -2, $397.409 Explanation: to fund award of construction contract for Phase 1C2, Mr. Ward explained this was originally budgeted for an estimated amount for construction costs but must be adjust to reflect actual cost in order to award this contract. 136 Public Utilities Department Capital Project PU 1005 SCWW 1C -1, $13,849 Explanation: to fund award of construction contract for Phase 1C1, Mr. Ward explained this was originally budgeted for an estimated amount for construction costs but must be adjust to reflect actual cost in order to award this contract. 137 Public Utilities Department Capital Proiect PU 1002 SCWW 1B -2, $723,304 Explanation: to fund award of construction contract for Phase 1B2, Mr. Ward explained this was originally budgeted for an estimated amount for construction costs but must be adjust to reflect actual cost in order to award this contract. - 138 Public Utilities Department Capital Project PU 1001 SCWW 1B -1, $732,481 Explanation: to fund award of construction contract for Phase 1B1, Mr. Ward explained this was originally budgeted for an estimated amount for construction costs but must be adjust to reflect actual cost in order to award this contract. Commissioner Andrews moved to approve the items on the revised consent agenda. Vice Chairman Hill seconded the motion and the Board unanimously approved the following items on the consent agenda: Minutes: November 7, 2011 Regular Meeting 2. Budget Amendments: 116 Library, Cultural & Recreational Department Code 110 -8100- 450.60 -33 Material & Supplies 110 - 0000 - 331.81 -02 LSTA grant/Library 1 10- 0000 - 353.81 -05 Library /Friends of the Library 117 General Services — Transportation Department Code 110- 0000 - 334.55 -01 NC DOT ADM 110- 0000 - 334.55 -03 NC Transportation Capital 118 Health Department Code 110 -7501- 441.35 -18 Special Account /Donations 110 -0000- 353.75 -01 Family Caregiver Donations 32,311 increase 29,311 increase 3,000 increase 111,555 decrease 111,555 increase 420 increase 420 increase 120 Capital Project Fund PU0704 Ft Bragg W &WW, Public Utilities Depaitinent Code 568- 9100 - 431.45 -02 Peters and White Contract 1 Pump Station 3,574,189 increase 568- 9100- 431.45 -03 Sullivan Eastern Contract 2 /Sec 1 2,490,080 increase 568- 9100 - 431.45 -09 Sullivan Eastern Contract 2 /Sec 3 1,549,752 increase 568- 9100 - 431.45 -05 Sanford Contractors Contract 2 /Sec 2 4,559,352 increase November 21, 2011 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 9 120 Capital Project Fund PU0704 Ft Bragg W &WW, Public Utilities Code 568- 9100 - 431.45 -46 Engineering Design 568 -9100- 431.45 -59 Engineering Observation & Mgmt 568- 9100- 431.45 -80 Contingency 568- 0000 - 356.91 -04 Ft Bragg/US Gov't 121 Transportation Facility Design Project Budget CP0306 Code 312- 8300 - 410.46 -02 Fencing/Landscaping 312 - 0000 - 334.83 -07 NCDOT- 36233.50.14.4 312 - 0000 - 314.50 -00 Sales Tax 122 Transportation Budget Code 110 -4650- 410.32 -70 Capital Assistance 110- 0000 - 334.55 -03 TDP 110 - 0000 - 399.00 -00 Fund Balance 123 PU 1003 Brightwater Infrastructure Code 575- 9100 - 431.45 -01 Construction 575- 9100- 431.45 -80 Contingency 124 WIA Youth Program Code 234 -7406- 465.12 -02 234 - 7406 - 465.35 -26 234 -7406- 465.58 -01 234 - 7406 - 465.58 -14 234 - 7408 - 465.12 -02 234 - 7408 - 465.35 -26 234 - 7408 - 465.58 -01 234 - 7408 - 465.58 -14 234 - 0000 - 331.74 -06 234 -0000- 331.74 -08 Participants Salary Other Participant Cost Training & Meeting Travel Participants Salary Other Participant Cost Training & Meeting Travel Sampson -Youth (IN) Sampson -Youth (OS) Department cont'd 457,978 increase 329,191 increase 2,449,016 increase 15,409,558 increase 125 Public Utilities Department Capital Project PU 1006 SCWW 1C -2 Code 578 -9100- 431.45 -20 578- 9100- 431.45 -80 42,876 increase 38,588 increase 4,288 increase 34,726 decrease 31,254 decrease 3,472 decrease 13,484 increase 13.484 decrease 10,096 decrease 1,500 increase 675 decrease 675 increase 4,700 increase 3,896 increase 125 decrease 125 increase 8,596 decrease 8,596 increase 20,000 increase 20,000 decrease 126 Public Utilities PU0604 Erwin Wastewater Improvements Capital Project Ordinance Code 564 -9100- 431.45 -20 Legal and Admin 140,000 increase 564 -9100- 431.45 -80 Contingency 140,000 decrease 127 Health Department Code 110 -0000- 334.76 -21 110- 0000 - 345.10 -13 110- 0000 - 345.10 -14 Care Management Medicaid -CC4C Medicaid -PCM 370,005 decrease 210,165 increase 159,840 increase November 21, 2011 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 9 128 Social Services Department Code 110 -7710- 441.80 -92 LIEAP 110 -7710 - 441.80 -90 CRISES INTERVENTION 110 -7710- 441.80 -17 JOB BOOST 110 -0000- 330.77 -01 Social Services Administration 129 Debt Service Code 110- 8702 - 470.86 -91 Other Financing Sources -Cost of Issuance 110- 8702 - 470.86 -23 Other Financing Sources -2011 (2002) COPS Refunding 110- 0000 - 370.82 -10 Other Financing Sources -2011 (2002) COPS Refunding 130 Public Utilities Department Code 531- 9000 - 431.90 -80 Escrow Agent 531- 9000 - 431.81 -89 531- 0000 - 370.82 -10 131 WIA Youth Program Cost 234 - 7406 - 465.12 -02 234 - 7406 - 465.35 -26 234 - 7406 - 465.58 -14 234 - 7408 - 465.12 -02 234 - 7408 - 465.35 -26 234 - 7408 - 465.58 -14 234 - 0000 - 331.74 -06 234 - 0000 - 331.74 -08 Other Financing Uses - Payments Bond Issuance Costs Other Financing Sources -2011 (2002) COPS Refunding Participants Salary Other Participant Cost Travel Participants Salary Other Participant Cost Travel Sampson -Youth (IN) Sampson -Youth (OS) 132 WIA Youth Program Fund Code 234 - 7405- 465.12 -02 234 - 7405- 465.32 -73 234 - 7405 - 465.32 -26 234 - 7405- 465.35 -26 234 - 7407 - 465.12 -02 234 - 7407 - 465.32 -73 234 - 7407 - 465.32 -26 234 - 7407 - 465.35 -26 234 - 0000 - 331.74 -05 234 - 0000 - 331.74 -07 Participant Wages Training Voucher Incentives Participant Cost Participant Wages Training Vouchers Incentives Participant Cost Harnett In- school Harnett Out - School 148,878 increase 433,346 increase 60,000 increase 642,224 increase 113,000 increase 23,920,690 increase 24,033,690 increase 739,836 increase 3,474 increase 743,310 increase 5,000 increase 10,000 increase 3,750 increase 13,750 increase 13,750 increase 3,750 increase 1 8,750 increase 31,250 increase 10,000 increase 3,000 increase 3,000 increase 6,000 increase 15,000 increase 5,000 increase 3,000 increase 5,000 increase 22,000 increase 28,000 increase November 21, 2011 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 9 135 Public Utilities Department Capital Proiect PU 1006 SCWW 1C -2 Code 578 -9100- 431.45 -01 HG Reynolds Inc 578- 9100 - 431.45 -40 Land and ROW 578- 9100- 431.45 -80 Contingency 578- 9100- 431.45 -56 WW Interceptor Capacity 578 -9100- 431.45 -54 WWTP Capacity Purchase 136 Public Utilities Department Capital Proiect PU 1005 SCWW 1C -1 Code 577 -9100- 431.45 -01 Sanford Construction 577- 9100 - 431.45 -80 Contingency 137 Public Utilities Department Capital Proiect PU 1002 SCWW 1B -2 Code 574 -9100- 431.45 -01 Key Construction 574- 9100- 431.45 -40 Land and ROW 574 -9100- 431.45 -80 Contingency 574- 9100 - 431.45 -54 WWTP Capacity Purchase 138 Public Utilities Department Capital Proiect PU 1001 SCWW 1B -1 Code 573- 9100 - 431.45 -01 Park Construction 573- 9100- 431.45 -40 Land and ROW 573- 9100 - 431.45 -80 Contingency 573- 9100- 431.45 -54 WWTP Capacity 573- 0000 - 334.90 -10 USDA Rural Development Grant 3) Tax refunds, rebates and releases (Attachment 1) 4) Resolutions to add roads to state system (Attachment(s) 2) 378,668 increase 60,000 decrease 18,741 increase 71,100 decrease 266,309 decrease 13,849 decrease 13,849 increase 668,670 increase 40,000 decrease 54,634 increase 683,304 decrease 760,778 increase 50,000 decrease 58,038 increase 36,335 decrease 732,481 increase 5) Public Utilities requested approval of the write -offs for the third quarter in the amount of $16,830.92. These are delinquent accounts detetinined to be at write -off status for the third quarter of 2011. All of these accounts have been delinquent for more than three years. The facilitation of these write -offs is an important step in a continuing effort to effectively manage their collections and bad debt. HCDPU is currently using the Local Government Debt Setoff Program and On -Line Collections, Inc. to help collect our their delinquent accounts. HCDPU has recovered over $343,000 in bad debt previously written off through the Debt Setoff Program. 6) IT Department and the Sheriff's Department requested approval of a lease agreement with the NC State Highway Patrol for space on the Cokesbury Tower at no cost for VIPER radio equipment. 7) Tax Depai tment requested approval of the Interlocal Cooperation Agreement for the Collection of Taxes between Harnett County and the Town of Benson. The Town of Benson approved Resolution #109 -2011 Authorizing Harnett County to Collect November 21, 2011 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 9 Property Taxes on Non - Contiguous Annexed Parcel of the Town of Benson - Harnett County Parcel #07-1519-0045 located at 8440 NC Hwy 27 East, Coats, NC. 8) County Engineer requests approval of a resolution and NC Department of Transportation (DOT) Construction Agreement. NC DOT Project 43421 will construct drainage improvements including new curb & gutter and resurfacing on Main Street from Leslie Campbell Avenue to Kivett Street in Buies Creek. The existing sidewalk in front of Buies Creek Elementary will be disturbed during the construction of the proposed curb & gutter in this area. The existing 4 ft. wide sidewalk will be replaced with ADA compliant 5 ft wide sidewalk at no cost to the County. The agreement addresses maintenance responsibilities concerning the sidewalk constructed under this project. Item 7 in the agreement states that the County shall assume all maintenance responsibilities for the sidewalk in front of Buies Creek Elementary. (Attachment 3) 9) County Manager requested approval of Amendment 1 for an additional $100,000 to contract for services provided for youth services under Title 1 of the Workforce Investment Act. The amendment is by and between Central Carolina Community College, grant recipient for the Triangle South Workforce Investment Area under the Workforce Investment Act, and the County of Harnett — serving the counties of Harnett and Sampson. Chaiiman McNeill opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. - Melissa and Vincent Encinias, 325 Kramer Road in Lillington, voiced concern regarding the new regulations for small business signs. The Encinias run Hilltop Pet Grooming out of their home and said signs have been a huge asset to their business. Mrs. Encinias said they can't afford to advertise any other way. Chairman McNeill asked Planning staff and Legal staff to research this issue further and work with the Encinias as he said the recently adopted Unified Development Ordinance was a living breathing document that can be adjusted. Commissioner Andrews moved to approve the appointments listed below. Vice Chairman Hill seconded the motion which passed unanimously. Harnett County Council for Women Tonya Gray (nominated by Commissioner Andrews) was reappointed for a three -year term expiring November 30, 2014. Nikkie Rice and Gina Wheeler (nominated by Commissioner Andrews) were appointed for a three -year term expiring November 30, 2014. November 21, 2011 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 9 Mr. Snow state it was necessary for the Board to go into closed session prior to discussing agenda items forward. Commissioner Burgin moved to amend the agenda to move close session to this point in the meeting. Commissioner Andrews seconded the motion which passed unanimously. Commissioner Andrews moved that the Board go into closed session to consider and give instructions to the county legal staff concerning the handling of a potential legal claim. This motion is made pursuant to N.C. General Statute Section 143- 318.11(a)(3). Vice Chairman Hill seconded the motion which passed unanimously. Vice Chairman Hill moved that the Board come out of closed session. Commissioner Andrews seconded the motion which passed unanimously. Mr. Sauer petitioned the Board for approval of the CCCC Health Science Building Budget Amendments for Land Purchase per approval of the Business Elements on November 15, 2011. Vice Chairman Hill moved to approve the budget amendments as presented. Commissioner Andrews seconded the motion. Commissioner Burgin questioned why the county is paying $85,616 to develop a turn lane which is usually a developer cost? Amanda Bader, County Engineer, noted the turn lane was necessary for Crested Iris and was negotiated out of original contract. Commissioner Burgin said he believes this is the first time the county has paid for a road. Commissioner Burgin also said he believes it is wrong for the county to pay $800,000 for land after making payments on that land. He said he has discussed with other banks other ways to handle this release. It was confirmed that Steve Wicker had set the value at $176,000 per acre with no appraisal. Commissioner Burgin then questioned Chairman McNeill if he had met with Keystone regarding this project. Chairman McNeill responded he recently spent a whole day with Keystone talking about development in Harnett County but not regarding this project. Commissioner Andrews called for question. The motion to approve the following budget amendments for land acquisition passed 3 to 2: 133 Bri2htwater Infrastructure Project PU1003 Code 575- 9100 - 431.45 -73 Offsite Improvement 575- 0000 - 389.10 -00 Interfund Transfer General Fund 134 Economic Development Department Code 110- 8701 - 490.90 -29 Interfund Transfer — Brightwater 110- 0000 - 399.00 -00 Fund Balance Appropriated 85,616 increase 85,616 increase 85,616 increase 800,000 increase Public Utilities requested approval, by the governing body of the South Central Water and Sewer District of Harnett County, to award construction contracts to Park Construction, Key Construction, Sanford Contractors and HG Reynolds relative to the South Central Wastewater Projects Phases 1B1, 1B2, 1C1, 1C2. Commissioner Andrews moved to approve awards as presented. Vice Chairman Hill seconded the motion which passed unanimously. November 21, 2011 Regular Meeting Minutes Harnett County Board of Commissioners Page 7 of 9 Mr. Ward noted bids came in over $3 Million higher than expected due to the additional NC DOT requirements of "shoring ". Mr. Ward announced there was $4.7 Million in grant funds in this project. Commissioner House questioned if the County would have to condemn any land in order to complete this project. Mrs. Slusser reported they are still in negotiations with 26 landowners and prior to any condemnation actions they would bring them before the board. The Board of Commissioners, now sitting in its capacity as the governing body of the South Central Water and Sewer District of Harnett County, by motion of Commissioner Andrews and second by Vice Chaimian Hill unanimously approved the award of construction contracts to Park Construction, Key Construction, Sanford Contractors and HG Reynolds relative to the South Central Wastewater Projects Phases 1B1, 1 B2, 1C1, 1 C2. Still sitting in its capacity as the governing body of the South Central Water and Sewer District of Harnett County, the Board considered approval of a Resolution Providing for the Issuance of $13,211,000 General Obligation Water and Sewer Bond Anticipation Notes, Series 2012 of the South Central Water and Sewer District of Harnett County. Commissioner Andrews moved to approve the resolution as presented. Vice Chairman Hill seconded the motion which passed unanimously. (Attachment 4) Mr. Jerry Blanchard, Director of General Services, requested approval of a budget amendment to purchase a densifier to process the Styrofoam debris from the Food Lion demolition. A portion of the Food Lion roofing debris consists of approximately 17,000 sheets of 6" thick 4' x 8' open cell Styrofoam material. The densifier would reduce the volume of the Styrofoam by as much as 90% preserving nine months of airspace in the Dunn Erwin Landfill. Mr. Blanchard displayed a sample of the material after reduction and noted there may be some aftermarket value of the material. Mr. Blanchard discussed the possibility of Harnett Production Enterprises (HPE) operating the densifier; adding HPE needed the work and already had a customer that would also benefit from the densifier. Mrs. Bader noted we are unable to rent the machine but there is an after - market for it too once no longer needed. Mr. Blanchard pointed out the tipping fee for the Styrofoam material would generate approximately $5,520 in revenue but the cost of the airspace it would occupy would be approximately $250,000. Vice Chairman hill moved to approve the following budget amendment. Commissioner Andrews seconded the motion which passed unanimously. 139 General Services - Solid Waste Code 580- 6600 - 461.43 -16 Repair /Maintenance Equipment 580- 6600 - 461.74 -74 Capital Outlay Equipment 43,000 decrease 43,000 increase November 21, 2011 Regular Meeting Minutes Harnett County Board of Commissioners Page 8 of 9 Mr. Sauer presented the following report: • October 2011 Department of Public Health Activities Summary Mr. Sauer also distributed a draft copy of the Davenport & Company, LLC, report which included proposed fiscal policies. Chairman McNeill called for any new business. Commissioner Burgin asked if staff was prepared to discuss the tabled motion; that the County give each employee a $500 bonus and an additional $500 to any employee of the county making less than $30,000 per year, which they were not. Commissioner Andrews moved to adjourn the meeting at 8:05 pm. Vice Chairman Hill seconded the motion which passed unanimously. cNeill, Chaiiivan " . °.,b ! s °' Mar et Regina y heeler, Clerk November 21, 2011 Regular Meeting Minutes Harnett County Board of Commissioners Page 9 of 9 Attachment 1 ;Approved by the Harnett County Board of Commissioners 1-21 -0 Board Report : 11/21/2011 Approved By : f© C TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES 1 LOVELACE, VESHANNAH J 76 ITHICA LANE BUNNLEVEL NC, 28323 - 0000 2 MCLEAN, DENNIS ALAN 232 KIMBROUGH DR LILLINGTON, NC 275466395 LILLINGTON, NC, 27546 - 6395 3 MELLOTT, ROBERT ERIC MELLOTT, RHONDA HOLDER 2533 SPRING HILL CHURCH RD LILLINGTON, NC, 27546 - 9585 4 MORRISON, CRAIG SCOTT MORRISON, LAUREN MARIE 240 WOOD RUN SANFORD, NC, 27332 - 6667 5 MORRISON, CRAIG SCOTT MORRISON, LAUREN MARIE 192 LAKELAND PRT SANFORD, NC, 27332 - 0134 6 MORRISON, CRAIG SCOTT MORRISON, LAUREN MARIE 192 LAKELAND PRT SANFORD, NC, 27332 - 0134 7 MORRISON, CRAIG SCOTT 192 LAKELAND PRT SANFORD, NC, 27332 - 0134 8 PAGAN PEREZ, YEUDIEL EDGARDO 265 HILLENDALE RD SPRING LAKE, NC 283901678 SPRING LAKE, NC, 28390 - 1678 9 RICE, VANESSA MICHELLE RICE, SEAN JEREL 163 TRENTON PL CAMERON, NC, 28326 - 6267 10 US BANCORP EQUIPMENT FINANCE INC PROPERTY TAX DEPT 1310 MADRID STREET - SUITE 100 MARSHALL, MN, 56258 WM. A. TONY WILDER Revenue Administrator CC: WM. A. TONY WILDER 0001169060- 2010- 2010- 000000 0001854718- 2010- 2010- 000000 0001763074- 2011- 2010- 000000 0001388752- 2006- 2006- 000000 0001561317- 2007- 2007- 000000 0001561317- 2008- 2008- 000000 0001578857- 2008- 2008- 000000 0001669110- 2009- 2009- 000000 0001782102 -2010- 2010 - 000000 0001280488- 2011- 2011- 000000 x, Interest Total and Penalties ` ` ,M efund City 0.00 County 493.06 City 0.00 County 39.75 City() 100.18 County 3.97 City 0.00 County 3.34 City 0.00 County 3.34 City 0.00 County 3.20 City 0.00 County 121.58 City 0.00 County 25.20 City 0.00 County 93.68 Reque. str ,$tat'us' 493.06 Refund 39.75 Refund 104.15 Refund 3.34 Refund 3.34 Refund 3.20 Refund 121.58 Refund 25.20 Refund 93.68 Refund Reason Value Decrease Military Exemption Situs Correction Value Decrease Military Exemption Military Exemption Military Exemption Military Exemption Military Exemption City 0.00 Taxpayer Filed in Error for 2011 397.90 Refund County 397.90 City Total County Total Total to be Refunded 100.18 1,185.02 1,285.20 Board Report • Date : 11/21/2011 0000041658- 2010- 2010- 000000 WM. A. TONY WILDER Revenue Administrator CC: WM. A. TONY WILDER Approved By : 606 /I-a1-11 ALL MUNICIPALITIES Tax tntest and Total fegueot Renalties Refund Status City 0.00 County 616.78 City Total County Total Total to be Refunded 616.78 Refund 0.00 616.78 616.78 Reason Value Decrease Attachment 2 Harnett C O U N T Y NORTH CARCLIRA RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, requests that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed streets. Sunset Ridge Subdivision Northview Drive (SR 2176 Ext.) Duly adopted this 21st day of November, 2011. HARNETT COUNTY BOARD OF COMMISSIONERS Ti mar- arg. Tt Regina rS eler Clerke. the Board strong roots • new growth by B. McNeill, Chairman Harnett C 0 U N T Y CnR(CLINA RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, requests that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed streets. Cameron Pines Subdivision Cameron Pines Drive Albert Court Duly adopted this 21st day of November, 2011. HARNETT COUNTY BOARD OF COMMISSIONERS Ti Margar t Regina eler Clerk t the Board strong roots • new growth by B. McNeill, Chairman Attachment 3 Harnett C O U N T Y kOR'H CAROLINA www.harnett.org A RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA, ENDORSING AND SUPPORTING A NORTH CAROLINA DEPARTMENT OF TRANSPORTATION CURB & GUTTER AND SIDEWALK PROJECT ON MAIN STREET IN BUIES CREEK, A NON- INCORPERATED COMMUNITY IN HARNETT COUNTY. WHEREAS, Main Street in Buies Creek, a non - incorporated community in Harnett County, is a state road bearing North Carolina State Road Number 1532; and WHEREAS, Campbell University and Buies Creek Elementary School is situated along SR 1532 between Leslie Campbell Ave (SR2084) and Kivett Dr (SR2002) and, WHEREAS, the North Carolina Department of Transportation has determined that it is in the public interest to construct curb & gutter and sidewalks on Main St (SR 1532) between Leslie Campbell Ave and Kivett Dr; NOW THEREFORE, Be it resolved by the board of commissioners of Harnett County as follows: 1. That the Board of Commissioners of Harnett County does hereby find that this project will enhance the livability and quality of life in the community of Buies Creek and does therefore endorse and support the above - referenced NCDOT project. 2. That this Resolution shall become effective immediately upon its adoption. BE IT FURTHER RESOLVED, that this resolution shall be effective upon passage; ADOPTED this the 21st day of November, 2011. //1 Ti othy B. MI eill, Chaiiivan Harnett County Board of Commissioners Regina eler, Clerk strong roots • new growth Attachment 4 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, PROVIDING FOR THE ISSUANCE OF $13,211,000 GENERAL OBLIGATION WATER AND SEWER BOND ANTICIPATION NOTES, SERIES 2012 OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY WHEREAS, the Bond Order hereinafter - described has taken effect approving the issuance of $42,000,000 General Obligation Water and Sewer Bonds (the "Bonds ") of the South Central Water and Sewer District of Harnett County (the "District"); WHEREAS, the Board of Commissioners (the "Board") of the County of Harnett, North Carolina (the "County "), sitting as the governing body of the District, has determined that it is in the District's best interest to issue $13,211,000 General Obligation Water and Sewer Bond Anticipation Notes, Series 2012 (the "Notes "), authorized under the Bond Order to finance renovation, expansion and improvement to the wastewater collection system of the District for which the Bonds were approved as permitted by Section 159 -161 of the General Statutes of North Carolina, as amended; NOW THEREFORE, BE IT RESOLVED by the Board, sitting as the governing body of the District, as follows: 1. For purposes of this Resolution, the following words will have the meanings ascribed to them below: "Bid for Notes" means the Bid for Notes submitted to the LGC by the winning bidder selected to purchase the Notes. "Bond Order" means the Bond Order authorizing the Bonds adopted by the Board, sitting as the governing body of the District, on December 2, 2002 and effective on approval by a majority of the voters who voted thereon at a special referendum duly called and held on February 4, 2003, as modified by an order adopted by the Board, sitting as the governing body of the District, on December 7, 2009 to extend the time period for issuing bonds under the Bond Order to February 4, 2013. "LGC" means the Local Government Commission of North Carolina, and any successor to its functions. "Notes" means the District's $13,211,000 General Obligation Water and Sewer Bond Anticipation Notes, Series 2012. 2. The District shall issue not to exceed $13,211,000 in total aggregate principal amount of its Notes. 3. The Notes are being issued to provide funds to pay the capital costs of certain wastewater collection system improvements in the District (the "Project") pursuant to and in accordance with the Bond Order. 4. The Notes shall be dated their initial date of issuance and shall mature not more than 364 days after their initial date of issuance, as reflected in the Bid for Notes. The Notes shall bear interest payable at maturity of the Notes in accordance with the Bid for Notes. 1 PPAB 1894490v2 5. The Notes shall be numbered "R -1" and upward. The Notes shall bear interest from their date at a rate or rates which shall be hereafter determined upon the sale thereof computed on the basis of a 360 -day year of twelve 30 -day months. 6. The Notes shall be registered as to principal and interest and the District is directed to maintain the registration records with respect thereto. The Notes shall bear the original or facsimile signatures of the Chairman of the Board of the County and the Clerk to the Board. An original or facsimile of the seal of the County shall be imprinted on each Note. 7. The determination of the rate of interest on the Notes, the place of payment for the Notes and the denominations of the Notes will be made in accordance with the Bid for Notes. 8. The Notes will be issued in registered form to the owner thereof or will be issued by means of a book -entry system, in accordance with the Bid for Notes. If issued in book -entry system, one note certificate will be issued to The Depository Trust Company, New York, New York ( "DTC"), and immobilized in its custody. A book -entry system will be employed, evidencing ownership of the Notes in principal amounts of $5,000 or integral multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC. Principal of and interest on the Notes will be payable to DTC in immediately available funds on the maturity date. The District will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. If not issued by means of a book -entry system, the principal of and interest on the Notes will be payable to the owners of the Notes upon presentation and surrender of the Notes to the paying agent for the Notes at the offices of the paying agent indicated on the Bid for Notes on the maturity date of the Notes. If (a) DTC determines not to continue to act as securities depository for the Notes or (b) the District Representative determines that the continuation of the book -entry system of evidence and transfer of ownership of the Notes would adversely affect the interests of the beneficial owners of the Notes, the District will discontinue the book -entry system with DTC. If the District fails to identify another qualified securities depository to replace DTC, the District will authenticate and deliver replacement notes in the form of fully registered certificates. 9. The Notes are not subject to payment prior to maturity. 10. The Notes and the provisions for the registration of the Notes and for the approval of the Notes by the Secretary of the LGC shall be in substantially the form set forth in Appendix A. 11. The District covenants to take such action as may be required in the opinion of nationally recognized bond counsel to cause the Notes and all actions of the District with respect to the proceeds thereof to comply with Internal Revenue Code of 1986, as amended (the "Code "). In particular, the District covenants as follows: (a) At least one of the following two conditions will be satisfied: (i) less than 10% of the proceeds of the Notes reduced by costs of issuance will be used directly or indirectly in the business of a person other than a state or local governmental unit or (ii) less than 10% of the principal or interest on the Notes will be (under the terms of such issue or any underlying arrangement) directly or indirectly (A) secured by an interest in property used or to be used in a private business or by any interest in payments made with respect to such property or (B) derived 2 PPAB 1894490v2 from payments made with respect to property, or borrowed money, used or to be used in a private business; (b) Less than 5% of the proceeds of the Notes reduced by costs of issuance will be used by nongovernmental persons for a use unrelated to the purposes for which the Notes were issued; (c) It will not loan directly or indirectly more than 5% of the Notes proceeds to nongovernmental persons; (d) It has not and will not enter into any management contract with respect to the facilities financed with the proceeds of the Notes unless it obtains an opinion of nationally recognized bond counsel that such management contract will not impair the exclusion from a recipient's gross income for federal income tax purposes of the interest on the Notes; (e) The District acknowledges that the continued exclusion of interest on the Notes from a recipient's gross income for federal income tax purposes depends, in part, upon compliance with the arbitrage limitations imposed by Section 148 of the Code. The District covenants to comply with all the requirements of Section 148 of the Code, including the rebate requirements, and it shall not permit at any time any of the proceeds of the Notes or other funds of the District to be used, directly or indirectly, to acquire any asset or obligation, the acquisition of which would cause the Notes to be "arbitrage bonds" for purposes of Section 148 of the Code; (f) The Notes are not and shall not be `federally guaranteed" as defined in Section 149(b) of the Code; (g) The District covenants to file or cause to be filed Form 8038G in accordance with Section 149(e) of the Code. 12. Actions taken by officials of the County to select on behalf of the District paying and transfer agents, and a bond registrar, or alternate or successor agents and registrars pursuant to Section 159E -8 of the Registered Public Obligations Act, Chapter 159E of the General Statutes of North Carolina, are hereby authorized and approved. 13. The LGC is hereby requested to sell the Notes through a competitive sale to the bidder whose bid results in the lowest interest cost to the District, determined by the LGC. 14. The form and content of the Bid for Notes and the Note Circular with respect to the Notes are in all respects authorized, approved and ratified. 15. The Chairman of the Board, the County Manager, the Finance Officer, the District Representative, the County Attorney and the Clerk to the Board are hereby authorized and directed to cause the Notes to be prepared and, when it shall have been duly sold by the LGC, to execute the Notes and to turn the Notes over to the registrar and transfer agent of the County for delivery to the purchaser or purchasers to whom they may be sold by the LGC. 16. The Chairman of the Board, the County Manager, the Finance Officer, the County Attorney and the Clerk to the Board are authorized and directed to execute and deliver for and on behalf of the County any and all additional certificates, documents, opinions or other papers and perform all 3 PPAB 1894490v2 other acts as may be required by the documents contemplated hereinabove or as may be deemed necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. 17. The Public Utilities Director of the County and the Assistant Public Utilities Director of the County are each designated a "District Representative" and are authorized and directed to execute and deliver for and on behalf of the District any and all additional certificates, documents, opinions or other papers and perform all other acts as may be required by the documents contemplated hereinabove or as may be deemed necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. 18. This Resolution may be amended or supplemented, from time to time, without the consent of the holder of the Notes if in the opinion of nationally recognized bond counsel, such amendment or supplement would not adversely affect the interests of the holder of the Notes and would not cause the interest on the Notes to be included in the gross income of a recipient thereof for federal income tax purposes. This Resolution may be amended or supplemented with the consent of the holders of a majority in aggregate principal amount of the outstanding Notes, exclusive of Notes, if any, owned by the District, but a modification or amendment may not, without the express consent of any holder of Notes affected, reduce the principal amount of any Notes, reduce the interest rate payable on it, extend its maturity or the times for paying interest, change the monetary medium in which principal and interest is payable, or reduce the percentage of consent required for amendment or modification. Any act done pursuant to a modification or amendment consented to by the holder of the Notes is binding on all holders of the Notes and will not be deemed an infringement of any of the provisions of this Resolution, whatever the character of the act may be, and may be done and performed as fully and freely as if expressly permitted by the terms of this Resolution, and after consent has been given, no holder of a Note has any right or interest to object to the action, to question its propriety or to enjoin or restrain the District from taking any action pursuant to a modification or amendment. If the District proposes an amendment or supplemental resolution to this Resolution requiring the consent of the holder of the Notes, the District shall cause notice of the proposed amendment to be sent to the holder of the Notes by first -class mail, postage prepaid, to the address of such holder as it appears on the registration books; but the failure to receive such notice by mail by any holder, or any defect in the mailing thereof, will not affect the validity of any proceedings pursuant hereto. Such notice shall briefly set forth the nature of the proposed amendment and shall state that copies thereof are on file in the office of the Clerk to the Board for inspection by the holder of the Notes. If, within 60 days or such longer period as shall be prescribed by the District following the giving of such notice, the holder has consented to the proposed amendment, the amendment will be effective as of the date stated in the notice. 19. The proceeds of the Notes received by the District shall be deposited in a separate account of the District held by the Finance Officer of the County and applied to pay the costs of issuance of the Notes and the costs of the Project. 4 PPAB 1894490v2 Arr Es READ, APPROVED AND ADOPTED this jj day of November, 200111.�1� , � Timothy B. c eill Chairman oft e Board of Commissioners rka . teler ti=stittad, a Commissioners '11I( APPROV AS TO FORM: Dwight Snow, Esq. County Attorney 5 PPAB 1894490v2 CERTIFICATE 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 accurate copy of the 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, PROVIDING FOR THE ISSUANCE OF $13,211,000 GENERAL OBLIGATION WATER AND SEWER BOND ANTICIPATION NOTES, SERIES 2012 OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY" which was adopted by the Board of Commissioners at its regular meeting held on the 2151 day of November, 2011, to become effective on the 21" day of November, 2011. 6 PPAB 1894490v2 Marga Regina Wh • ler Clerk 11 the Board o ommissioners County of Harnett, North Carolina Extract of Minutes of a regular meeting of the Board of Commissioners of the County of Harnett, North Carolina, held in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina, at 7:00 p.m. on November 21, 2011. The following members were present: Timothy B. McNeill, Chairman Beatrice B. Hill, Vice - Chairman Dan Andrews, Commissioner Jim Burgin, Commissioner Gary House, Commissioner The following members were absent: none Commissioner Andrews moved that the following resolution, copies of which having been made available to the Board, be adopted: 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, PROVIDING FOR THE ISSUANCE OF $13,211,000 GENERAL OBLIGATION WATER AND SEWER BOND ANTICIPATION NOTES, SERIES 2012 OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY" The motion to adopt the aforementioned resolution was seconded by Vice Chairman Hill and was adopted by the Board of Commissioners on the following vote: AYES: 5 NAYS: 0 7 PPAB 1894490v2 No. R -1 APPENDIX A (Form of Note) $13,211,000 UNITED STATES OF AMERICA STATE OF NORTH CAROLINA SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY, NORTH CAROLINA GENERAL OBLIGATION WATER AND SEWER BOND ANTICIPATION NOTE, SERIES 2012 INTEREST RATE [RATE] % MATURITY DATE [MATURITY DATE] REGISTERED OWNER: CEDE & CO. DATED DATE CUSIP [SALE DATE] [CUSIP] PRINCIPAL SUM: THIRTEEN MILLION Two HUNDRED ELEVEN THOUSAND DOLLARS THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY, NORTH CAROLINA (the "District ") acknowledges itself indebted and for value received hereby promises to pay to the Registered Owner named above, on the Maturity Date specified above, upon surrender hereof, the Principal Sum shown above and to pay to the Registered Owner hereof interest thereon from the date of this Note until it shall mature at the Interest Rate per annum specified above, payable on the Maturity Date specified above. Principal of and interest on this Note are payable in immediately available funds to the Registered Owner and is payable in U.S. dollars on the Maturity Date. This Note is issued in accordance with the Registered Public Obligations Act, Chapter 159E of the General Statutes of North Carolina, and pursuant to The Local Government Bond Act and a bond order adopted by the Board of Commissioners of the County on December 2, 2002 and effective on approval by a majority of the voters who voted thereon at a special referendum duly called and held on February 4, 2003, as modified by an order adopted by the Board, sitting as the governing body of the District, on December 7, 2009 to extend the time period for issuing bonds under such bond order to February 4, 2013. The Note is issued to provide funds to pay certain wastewater collection system improvements in the District. The Note is not subject to payment prior to maturity. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of North Carolina to exist, be performed or happen precedent to or in the issuance of this Note, exist, have been performed and have happened, and that the amount of this Note, together with all other indebtedness of the District, is within every debt and other limit prescribed by said Constitution or statutes. The faith and credit of the District are hereby pledged to the punctual payment of the principal of and interest on this Note in accordance with its terms. This Note shall not be valid or become obligatory for any purpose until the certification hereon shall have been signed by an authorized representative of the Local Government Commission of North Carolina. PPAB 1894490v2 IN WITNESS WHEREOF, the District has caused this Note to bear the original or facsimile of the signatures of the Chairman of the Board of Commissioners of the County and the Clerk to the Board of Corm iqqoners of the County, each acting on behalf of the District, and an original or facsimile of the p � 1)ct to be imprinted hereon and this Note to be dated as of the dated date set forth above. cc' ( =, a 4t _ Date of Execution: January , 2012 PPAB 1894490v2 imothy : • cNeill Chairman of the Board The issue hereof has been approved under the provisions of The Local Government Bond Act. T. VANCE HOLLOMAN Secretary of the Local Government Commission 9 FORM OF ASSIGNMENT ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please print or typewrite Name and Address, including Zip Code, and Federal Taxpayer Identification or Social Security Number of Assignee) the within Note and all rights thereunder, and hereby irrevocably constitutes and appoints s Attorney to register the transfer of the within Note on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature guaranteed by: NOTICE: Signature must be guaranteed by a Participant in the Securities Transfer Agent Medallion Program ( "STAMP ") or similar program. PPAB 1894490v2 NOTICE: The signature to this assignment must correspond with the name as it appears on the face of the within Note in every particular, without alteration, enlargement or any change whatever. TRANSFER FEE MAY BE REQUIRED 10