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HomeMy WebLinkAbout12132001t HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Reconvened Meeting December 13, 2001 The Harnett County Board of Commissioners met in a reconvened session on Thursday, December 13, 2001, in the Commissioners meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. isMembers present: Teddy J. Byrd, Chairman Beatrice Bailey Hill, Vice Chairman Dan B. Andrews Walt Titchener Tim McNeill Staff present: Neil Emory, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Dwight W. Snow, County Attorney Vanessa W. Young, Finance Officer Kay S. Blanchard, Clerk to the Board At 11:00 a.m. Chairman Byrd reconvened the meeting that recessed December 3, 2001, and Commissioner Andrews led the pledge of allegiance and prayer. Upon motion by Commissioner McNeill and seconded by Commissioner Hill, the Board unanimously approved the following items on the consent agenda: 1. Budget amendments: • 182 Airport Runway Extension Capital Project (Fund 360-"RUNWAY") Code 360-8360-465.45-30 Technical 65,470. increase 360-8360-465.45-60 Surveys 19,245. increase 360-8360-465.45-20 Legal & Administrative 14,965. increase 360-0000-334.60-00 State Grant NC DOT 99,680. increase 183 Airport Runwav Extension Capital Proiect (Fund 360-"RUNWAY" Code 360-8360-465.45-30 Technical 26,720. increase 360-8360-465.45-60 Surveys 19,100. increase 360-8360-465.45-20 Legal & Administrative 4,500. increase 360-0000-334.60-00 State Grant NC DOT 50,320. increase 2. Final Subdivision Plats A. Victoria Hills, Phase III, owner: Leon Anderson Construction, 27 lots, SR 1443-Lafayette Rd., Hector's Creek Township, RA-30 Zoning District, 22.3 acres B. Woodbridge, Phase I, owner: Pine Grove Development Corporation, 26 lots, NC 24-27, Johnsonville Township, RA-20R Zoning District, 20.4 acres • 3. Resolution recognizing Heather Lewis, Triton Tennis Champion (Attachment 1) 4. Memorandum of Agreement with Cumberland County Mental Health TASC (Attachment 2) Neil Emory, County Manager, presented for the Board's consideration an amendment to the Moore County facility contract to change the financial repayment terms for Moore County's portion of the waterline project. Commissioner McNeill moved to approve the Modification of Contract document. Commissioner Andrews seconded the motion and it passed unanimously. (Attachment 3) Steve Ward, Assistant Public Utilities Director, presented an overview of three Public Utilities capital projects: Southwest Regional Transmission phase III in Johnsonville Township, Interim Forcemain Project in Neill's Creek Township, and Western Hamett/Highlands Sewer Project in Barbeque Township. Chairman Byrd called to order a public hearing to address the proposed installment financing contract providing for financing of these projects and opened the floor for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Commissioner McNeill moved to adopt the Resolution Authorizing Installment Financing Contract. Commissioner Titchener seconded the motion and it passed unanimously. (Attachment 4) Commissioner Titchener moved for approval of the Installment Financing Contract • with First Union National Bank for the project amount not to exceed $3,330,000. Commissioner McNeill seconded the motion and it passed unanimously. Rescue Chief Gary Whitman, Dunn Rescue Squad, presented a request for authorization for the rescue squad to purchase a crash truck. This request is submitted as required by the County's new contract with the Dunn Rescue Squad, Commissioner Hill moved to approve the request as presented. Commissioner Titchener seconded the motion and it passed unanimously. L. C. O'Quinn, Tax Administrator, and Keith Faulkner and Boyd Beasley, Tax Appraisers, gave an update on preparation for the Revaluation to be performed in 2003. T1,PYP haina nn fiirthar hncinPcc (nmmiccinner Hill nVed fnr sdi nrnment. Commissioner Andrews seconded the motion and it passe unanimously. The Harnett County Board of Commissioners' Reconvened meeting, December 13, 2001, duly adjourned pt 11:30 a.m. _ Kay Blanchard, Clerk is • RESOLUTION Heather Lewis Whereas, Triton High School's Heather Lewis attained unpreced competing in varsity tennis; and Whereas, this success resulted in her being recognized as the Big Player of the Year and in her representing the conference in the east regi tournament; =and Whereaon the court she earned this award by winning the leag one singles and b�.;attaining a match record of 20-1 for the year; and Whereas, on her part; and Whereas, by her High School as well as i Now, Therefore Be It Rt hereby recognize and commend season. Adopted this 13th day of HARNETT s Beatrice B. HIM, ice Chairman Attachment 1. Walt Titchener come as the result of true coma Heather has brought honor an that the Harnett County Board o r Lewis for her accomplishment: OF COMMIS Ti Harnett County does not discriminate on the baTis"Urace, color, national origin, disability in employment or the provision of services. RESOLUTION Heather Lewis Whereas, Triton High School's Heather Lewis attained unprecedented success while competing in varsity tennis; and Whereas, this success resulted in her being recognized as the Big Eight 3-A Conference Player of the Year and in her representing the conference in the east regional of the state tournament; and Whereas, on the court she earned this award by winning the league tournament at number one singles and by attaining a match record of 20-1 for the year; and Whereas, these accomplishments come as the result of true commitment and dedication on her part; and Whereas, by her accomplishments Heather has brought honor and recognition to Triton High School as well as Harnett County. Now, Therefore Be It Resolved that the Harnett County Board of Commissioners does hereby recognize and commend Heather Lewis for her accomplishments during the 2001 tennis season. Adopted this 13th day of December, 2001. HARNETT COUNTY BOARD OF COMMISSIONERS A 6 Memorandum of Agreement Between Attachment 2. LEE-HARNETT CRIMINAL JUSTICE ALLIANCE, Harnett County Resource Center Treatment Alternatives To Street Crime Program of CUMBERLAND COUNTY MENTAL HEALTH CENTER Cumberland County Mental Health TASC agrees to locate a qualified full-time staff person at the Harnett County Resource Center in Lillington providing screening, case management, and assessment to clients referred from the Resource Center Program. The TASC Program agrees to waive all fees for said program participants referred by the Resource Center. • The Harnett County Resource Center agrees to provide an office for the TASC staff person waiving all rental fees. Both parties agree that the Harnett County Resource Center will collaborate with the TASC staff person to create an effective treatment plan based on the TASC assessment. The Harnett County Resource Center agrees to provide the following resources for Cumberland County TASC at no cost: local calls, use of copier, use of fax for local service use of internet access for non -fee service, use of classrooms and other areas within the building for the provision of TASC services. Cumberland County TASC agrees to pay for long distance calls and faxes. Both parties agree to assist each other in -the administration of drug screening for program participants using testing materials provided by the Division of Community Corrections. The period of this agreement will be December 1, 2001 through June 30, 2002. Either party shall have the right to terminate this agreement should it become apparent that the Cumberland County TASC Program or Harnett County Resource Center is no longer operating in a manner consistent with the intent of the agreement. Region 2 TASC Director Date James Miller Harnett County Manager % Date Neil Emory 4A�2� Area Dir., Cumberland Co. Date Mental Health Tnemu F. Mineuo • Area Dir., Lee/Hamett Mental Date Health claretts Jolmwn Attachment 3. NORTH CAROLINA HARNETT COUNTY MODIFICATION OF CONTRACT This Contract for the sale and purchase of water is entered into as of the day of , 20 , between the SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT COUNTY (hereinafter "District"), party of the first part, and the COUNTY OF MOORE, (hereinafter Moore County), and EAST MOORE WATER DISTRICT, parties of the second part, WITNESSETH: THAT WHEREAS, Moore County is a body politic duly organized and existing under the laws of the State of North Carolina; and • WHEREAS, the Southwest Water and Sewer District is a County water and sewer district organized and existing under the laws of the State of North Carolina; and WHEREAS, the East Moore Water District is a County water district organized and existing under the laws of the State of North Carolina; and WHEREAS, the parties to this agreement have entered into a water purchase contract, dated November 29, 1999; and WHEREAS, East Moore Water District was not an active entity on November 29, 1999, and at this time desires to be subject to the obligations and benefits of the November 29, 1999 Facilities Contract; and WHEREAS, in order to facilitate the transfer of the agreed upon amounts of water, as provided in the above referenced contract, the parties agreed to make certain facility expansions as provided in a facilities contract dated November 29, 1999; and WHEREAS, the parties have agreed to modify the above referenced contract • regarding the facilities expansion. Now Therefore, in consideration of the foregoing and the mutual agreements hereinafter, Southwest Water and Sewer, East Moore Water District and the County of Moore, agree as follows: 1. That East Moore Water District shall be considered a party to the November 29, 1999 Facilities contract and shall be subject to all benefits and obligations provided for Moore County in said Contract. 2. Expansion of Southwest Water and Sewer District. The anticipated expansion shall be modified to provide for a 16" water line from the existing standpipe on Hwy 24/27 (adjoining the Morrison Property) to the Moore County -Harnett County line. This provision provides for a reduction in size from 20" to 16". 3. Allocation of Cost for Expansion. The total cost of the expansion as provided in the November 29, 1999 contract and the modification incorporated herein is $ 4,189,642.00 (as bid). • Moore County and East Moore Water District shall be responsible for payment of $ 988,800.00, toward the cost and expense of the proposed expansion. 4. Pa ent. Moore County and East Moore Water District shall pay to the Southwest Water and Sewer District principle and interest on the total amount due amortized over a 60 month period at a variable rate of interest as provided hereinafter; 5. Interest. a. Variable Interest. The initial rate of interest will be determined by an Installment Finance Contract as provided by competitive bidding as solicited through Parker, Poe, Adams and Bernstein, LLP, Attorneys, bond counsel, on or about December 1, 2001. Principal and interest shall be paid at the variable rate, as set in paragraph #4, until the discharge of the Installment Finance Contract, with the proceeds of a certificate of participation (COPS) financing. b. Fixed Rate. After the issuance of the Certificates of Participation and the discharge of the Installment Finance Contract, any outstanding indebtedness, owed by • Moore County and East Moore Water District shall be amortized over the number of months remaining in the 60 month term at the rate of interest as provided by the certificates of participation issued. 6. Payment Schedule. Payment Schedule of principle and interest shall be determined by the North Carolina State Treasurer's office. 7. The Harnett County Director of Public Utilities shall notify the Chairman of the East Moore Water District of the interest rates as provided herein, the amount and the date of payment. M IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective governing bodies, have caused this contract to be duly executed in triple counterparts, each of which shall constitute an original. Executed by the District, this day of 2001. !M Attest: SOUTHWEST WATER AND SEWER Teddy J. Byrd, Chairman Harnett County Board of Commissioners, sitting as the governing body of the Southwest Water and Sewer District of Harnett County • Kay S. Blanchard, Clerk to the Board Certificate of Finance Officer This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. • Finance Officer of Moore County Executed by the District, this day of 12001. am Attest: Carol Thomas, Clerk to the Board EAST MOORE WATER DISTRICT Paul S. Helms, Chairman Moore County Board of Commissioners, sitting as the governing body of the East Moore Water District of Moore County 3 r Attachment 4. , A RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA APPROVING AN INSTALLMENT FINANCING CONTRACT, THE EXECUTION AND DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS 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 Section 160A-20 of the General Statutes of North Carolina, as amended, to (1) purchase real and personal property, (2) enter into installment financing contracts in order to finance 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 Board of Commissioners has determined it to be in the best interests of the residents of the County to enter into the $3,330,000 Installment Financing Contract dated as of January 15, 2002 between First Union National Bank (the "Bank'), and the County (the "Contract'), in order to finance the capital costs of acquiring and installing new water and sewer lines (the "Project'); WHEREAS, the Board of Commissioners hereby determines that the completion of the Project is essential to the County's proper, efficient and economic operation and to the general health and welfare of its inhabitants, that the Project will provide an essential use and will permit the County to carry out public functions that the County is authorized by law to perform, and that the County's entering into the Contract is necessary and expedient for the County by virtue of the findings presented herein; WHEREAS, the Board of Commissioners hereby determines that the estimated cost of the Project is an amount not to exceed $3,330, 000 and that such cost of the Project 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, the Bank will advance a principal amount of $3,330, 000 (the "Purchase Price') to the County under the Contract, such Purchase Price will be used to pay costs of the Project and for other purposes as set forth in the Contract; WHEREAS, although the cost of the Project pursuant to the Contract is expected to exceed the cost of financing the Project pursuant to a bond financing for the same undertaking, the Board of Commissioners hereby determines that the cost of financing the Project pursuant to the Contract 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 iscause an unnecessary delay which would thereby decrease the financial benefits of acquiring the Project, and (3) insufficient revenues are produced by the Project so as to permit a revenue bond financing; WHEREAS, the Board of Commissioners hereby determines that the estimated cost of financing the Project 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 obligation of the County to make installment payments to the Bank under the Contract is a limited obligation of the County payable solely from currently budgeted appropriations of the County and does not constitute a pledge of the faith and credit of the County within the meaning of any constitutional debt limitation; WHEREAS, the County does not anticipate future property tax increases solely to pay installment payments falling due under the Contract in any fiscal year during the term of the Contract; WHEREAS, the principal amount to fall due under the Contract will not exceed $365,000 for each of the 15 years that the Contract will be in effect; WHEREAS, Parker Poe Adams & Bernstein L.L. P., 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 and constitute a purpose for which public funds may be expended pursuant to the Constitution and laws of the State; WHEREAS, no deficiency judgment may be rendered against the County in any action for the County's 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 amounts 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 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 applicable State law, and the County has not been censured by the Local Government Commission of North Carolina (the "LGC'), external auditors or any other regulatory agencies in connection with such debt management and contract obligation payment policies; WHEREAS, the Board of Commissioners conducted a public hearing with respect to the Project on December 13, 2001, to receive public comments on the Project, the proposed installment contract financing and the Contract relating to the Project, and the County has filed an application with the LGC for approval by the LGC with respect to the County entering into the Contract; WHEREAS, there has been presented to the Board of Commissioners the form of the Contract, a copy of which is attached hereto, which the County proposes to approve, enter into and deliver, as applicable, to effectuate the proposed financing at the interest rate and the maximum principal amount as specified therein; WHEREAS, under the Contract the County will create a security interest in favor of the Bank and will file, or cause to be filed, financing statements in accordance with the North Carolina Uniform Commercial Code to perfect such security interest granted in the Project; WHEREAS, the Board of Commissioners hereby retains Parker Poe Adams & Bernstein L.L. P. of Charlotte, North Carolina, to serve as Special Counsel, in connection with the financing of the Project; and WHEREAS, it appears that the Contract is in appropriate form and is the appropriate instrument for the purposes intended; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OFHARNETT, NORTH CAROLINA, AS FOLLOWS. Section 1. Ratification of Prior Actions. All actions of the County, the Chairman of the Board of Commissioners (the "Chairman'), the Clerk to the Board of Commissioners (the "Clerk'), the County • Manager, the County Finance Officer (the "Finance Ojfzcer'), the County Attorney and their respective designees in effectuating the proposed financing are hereby approved, ratified and authorized pursuant to and in accordance with the transactions contemplated by the Contract. Section 2. Approval, Authorization and Execution of Contract The County hereby approves the Project in accordance with the terms and conditions of the Contract, which Contract will be a valid, legal and binding obligation of the County in accordance with its terms. The County hereby approves the amount advanced by the Bank to the County pursuant to the Contract in an aggregate principal amount of $3,330, 000, such amount to be repaid by the County to the Bank at the variable rate of interest set forth in the Contract. The form, terms and content of the Contract are in all respects authorized, approved and confirmed, and the Chairman, the County Manager, the Finance Officer and the Clerk or their respective designees are authorized, empowered and directed toexecute and deliver the Contract for and on behalf of the County, including necessary counterparts, in substantially the form attached hereto, but with such changes, modifications, additions or deletions therein as shall to them seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all such changes, modifications, additions or deletions, and that from and after the execution and delivery of the Contract, the Chairman, the County Manager, the Finance Officer and the Clerk or their respective designees are hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to cant' out and comply with the provisions of the Contract as executed. Section 3. Further Actions. The County Manager and the Finance Officer are hereby designated as the County's representatives to act on behalf of the County in connection with the transactions contemplated by the Contract, and the County Manager and the Finance Officer are authorized and directed to proceed with the acquisition and installation of the Project in accordance with the terms of the Contract, and to seek opinions on matters of law from the County Attorney, which the County Attorney is authorized to furnish on behalf of the County, and opinions of law from such other attorneys for all documents contemplated hereby as required by law. The Chairman, the Clerk, the County Manager and the Finance Officer are hereby authorized to designate one or more employees of the County to take all actions which the Chairman, the Clerk, the County Manager and the Finance Officer are authorized to perform under • this Resolution, and the Chairman, the Clerk, the County Manager, the Finance Officer or their designees are in all respects authorized on behalf of the County to supply all information pertaining to the transactions contemplated by the Contract. The Clerk, the County Manager, the Chairman and the Finance Officer are authorized to execute and deliver for and on behalf of the County any and all additional certificates, documents, opinions or other papers and perform all other acts as may be required by the Contract or as they may deem necessary or appropriate in order to implement and carry out the intent and purposes of this Resolution. Section 4. Repealer. All motions, orders, resolutions, ordinances and parts thereof, in conflict herewith are hereby repealed. Section 5. Severability. If any section, phrase or provision of this Resolution is for any reason declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions of this Resolution. Section 6. Effective Date. This Resolution shall become effective on the date of its adoption. YEAS Chairman Teddy J. Byrd, Commissioners Hill, Andrews, Titchener, McNeill NAYES none PASSED, ADOPTED AND APPROVED this 13' day of December, 2001. • STATE OF NORTH CAROLINA 1 COUNTY OF HARNETT I, Kay S. Blanchard, duly appointed 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 which was passed by the Board of Commissioners of the County ofHarnett, North Carolina, at its meeting held on December 13, 2001 to become effective on December 13, 2001, and that such resolution has been duly recorded in the minutes of the County. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 13th day of December, 2001. (SEAL] By: K '" fr Kay t. Blanchard County Clerk q EXTRACT FROM MINUTES OF BOARD OF COMMISSIONERS A Meeting of the Board of Commissioners of the County of Harnett, North Carolina was duly held on December 13, 2001, at 11:00 a.m. in the County Board of Commissioners Assembly Room, 102 East Front Street, Lillington, North Carolina, Chairman Teddy J. Byrd presiding. • Commissioners Present: Teddy J. Byrd, Chairman Beatrice Bailey Hill, Vice Chairman Dan B. Andrews Walt Titchener Tim McNeill Commissioners Absent: none Commissioners Abstaining: none A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND EXECUTION AND DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS Commissioner McNeill moved that the following resolution be adopted, seconded by Commissioner Titchener A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE - COUNTY OF HARNETT, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND EXECUTION AND DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS The motion was adopted by the following vote: • Ayes: 5 Nayes: 0 STATE OF NORTH CAROLINA ) COUNTY OF HARNETT ) I, Kay S. Blanchard, duly appointed Clerk to the Board of Commissioners of the County of Harnett, North Carolina, do hereby certify that the foregoing is a full, true and accurate extract from the minutes of the Board of Commissioners of the County of Harnett, North Carolina, from its meeting held on December 13, 2001 relating to the resolution approving an installment financing contract, and the matters addressed therein. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the j3P. day of December, 2001. [SEAL] 40 By: �J. Kay Blanchard County Clark