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HomeMy WebLinkAbout10212002a� HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting October 21, 2002 The Harnett County Board of Commissioners met in regular session on Monday, October 21, 2002, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. • Members 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 Kay S. Blanchard, Clerk to the Board Chairman Byrd called the meeting to order at 7:00 p.m. and Commissioner Andrews led the pledge of allegiance and prayer. Commissioner Hill moved to approve the agenda as published with the additions listed below to the consent agenda. Commissioner Titchener seconded the motion and it passed unanimously. Add to consent agenda: - Resolution regarding amendment to Installment Financing Contract - Resolution recognizing Snipes Insurance 50th anniversary - Resolution recognizing Sue Tingen Johnson on her retirement • Upon motion by Commissioner McNeill and seconded by Commissioner Andrews, the Board unanimously approved the following items on the consent agenda: 1. Minutes: Regular meeting, October 7, 2002 Workshop, October 4, 2002 2. Budget amendments: 113 Aging (Fund 110-General) Code 110-7500-441.32-13 RSVP —Special Project 250. increase 110-0000-353.15-00 Contributions/Donations RSVP 250. increase 115 Masterplan Courthouse Capital Proiect (Fund 341-"COURTH" Code 341-8341-410.45-04 Professional Services 40,500. increase 341-8341-410.45-80 Contingency 40,500. decrease 117 Aging (Fund 110-Genera Code 110-0000-353.15-00 Contributions RSVP 200. increase 110-7500-441.32-13 RSVP Special Programs 200. increase 119 Sheriff (Fund 110-General) Code 110-0000-354.11-00 Restitution -Sheriff 868. increase is 110-5100-420.43-21 Maintenance & Repair -Auto 868. increase 120 Planning (Fund 110-General) Code 110-7200-465.31-51 Hazardous Mitigation Plan 17,500. increase 110-0000-334.72-01 Hazardous Mitigation Plan 15,000. increase 110-0000-399.00-00 Fund Balance Appropriated 2,500. increase 121 Coats Wastewater Extension Proiect and 548 -"PU03 01 ") Code 548-9108-431.45-01 Construction 396,367. increase 548-9108-431.45-80 Contingency 19,850. increase 548-0000-389.50-00 Interfund Transfers-PU 416,217. increase 123 Finance (Fund 110-General) Code 110-4400-410.54-26 Advertising 1,181. increase 110-0000-399.00-00 Fund Balance 1,181. increase 3. Tax refunds and releases (Attachment 1) 4. Resolution congratulating Mr. & Mrs. Willie Lee McKoy on 50th Anniversary (Attachment 2) 5. Resolution of support for AMBER Alert program (Attachment 3) 6. Reimbursement Agreement, TIP Project No. E-4013, Dunn -Erwin Rail Trail: • This agreement specifies the terms of reimbursement to the County for the cost of grading, placing and compacting crushed stone on the Dunn -Erwin Rail Trail. The County will serve as fiscal agent for the grant funds being received to improve the trail. 7. Change order for Southwest Phase III waterline project (Attachment 4) 8. Reclassification of position in the Planning Department for Planner I, from grade 68 to grade 70. This will require a salary adjustment for the two current planners. 9. Authorization for the Emergency Medical Services Director to sign order forms necessary to order narcotics as required by the U.S. Department of Justice, Drug Enforcement Administration. 10. Award of contract to Jones' Landscaping & Maintenance, Inc. of Fuquay-Varina for landscaping the new Courthouse, Tax Office, and Register of Deeds project. The bid includes installation of irrigation and grounds maintenance for one year. The amount of the contract is $163,963. (Attachment 5) 11. Authorization for Emergency Services to accept a gift of five 800 mhz mobile radios from Benhaven Emergency Services. This donation will save the county • approximately $7,000. 12. Resolution of the Board of Commissioners of the County of Harnett, North Carolina, Authorizing the Negotiation of an Amendment to Installment Financing Contract, Directing the Publication of Notice with Respect Thereto and Providing for Certain Other Related Matters Thereto (Attachment 6) 13. Resolution congratulating Snipes Insurance Service, Inc. on its fiftieth anniversary (Attachment 7) 14. Resolution recognizing Sue Tingen Johnson on her retirement and closing of Tingen's Grocery after thirty-eight years of business. (Attachment 8) Informal comments were provided by Bud Blackson regarding proposed use of the County's water towers for wireless communication equipment. Commissioner Andrews moved for the appointments listed below. Commissioner McNeill seconded the motion and it passed unanimously. Harnett County Board of Adjustment Billy W. Hobbs for a 3-year term to expire 10-31-05 nominated by Chairman Byrd • Firemen's Relief Fund Trustees (Attachment 9) Patricia Crissman, The Wooten Company, presented for the Board's consideration a Resolution to Submit CDBG Concentrated Needs Application. The two required public hearings were held on July 15 and September 16, 2002. The total project budget is $770,000 with $700,000 in CDBG grant funds and $70,000 in local funds to be provided over a two-year fiscal period beginning FY 2003-2004. Commissioner Hill moved for adoption of the resolution. Commissioner McNeill seconded the motion and it passed unanimously. (Attachment 10) Chairman Byrd called to order a public hearing on a zoning change request for Brian Armstrong, landowner: GCMMB LLC, from RA-30 to Commercial Zoning District, 3.57 acres located on NC Hwy. 87/24 in Anderson Creek Township. Mark Locklear, Planner, presented the request. Chairman Byrd opened the meeting for comments from the public. Brian Armstrong, applicant spoke in support of the proposed zoning change. There being no further comments, Chairman Byrd closed the public hearing. The Planning Board recommended approval of the request. Commissioner McNeill moved to approve the request as presented. Commissioner Hill seconded the motion and it passed unanimously. • Chairman Byrd called to order a public hearing on a proposed resolution amending the yr p g p p g text of the Subdivision Regulations. Joseph Jeffries, Chief Planner, presented the proposed text amendment regarding applications for minor subdivisions. Chairman Byrd opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. The Planning Board recommended approval of the text amendment. Commissioner McNeill moved to adopt the resolution to amend the subdivision regulations as presented. Commissioner Andrews seconded the motion and it passed unanimously. (Attachment 11) Steve Ward, Assistant Director, Public Utilities, presented three proposed resolutions authorizing filing of an application for issuance of general obligation bonds for the South Central Water and Sewer District. 1. Commissioner McNeill moved for adoption of a Resolution Directing the Publication of Notice of Intention to Apply to the Local Government Commission for Approval of Bonds. Commissioner Andrews seconded the motion and it passed unanimously. (Attachment 12) 2. Commissioner Titchener moved for adoption of a Resolution Authorizing the Representative of the District to Apply to the Local Government Commission for Approval of the District's proposed General Obligation Water and Sewer Bond Financing and to Submit Such Application to the Local Government Commission. • Commissioner McNeill seconded the motion and it passed unanimously. (Attachment 13) 3. Commissioner Andrews moved for adoption of a Resolution Making Certain Statements of Fact Concerning Proposed Bond Issue. Commissioner Hill seconded the motion and it passed unanimously. (Attachment 14) County Attorney Dwight W. Snow was recognized by Chairman Byrd to make a presentation regarding a published agenda item on County electoral redistricting. Attorney Snow presented information packets to all press representatives present at the meeting. Mr. W. N. Porter who was also present at the meeting was also supplied an information packet. Mr. Snow presented to the Board a background history of the redistricting efforts conducted by the County Board of Commissioners and the County Board of Education based upon the 2000 census data for Harnett County. The 2000 census showed tremendous growth in the County from 67,822 in 1990 to 91,025 in 2000. Not only was there great population growth but there was also a great shift in population among the various five electoral districts with the greatest growth in population occurring in districts 4 and 5. Due to the mandates of the U.S. Constitution, the Voting Rights Act of 1965 and State law, the two County Boards whose members are elected from the five districts have embarked on a redistricting effort since the release of the 2000 census figures. After a great amount of work by the County's demographer and staff, • both the Boards narrowed down their redistricting options to four alternate plan maps. After several public hearings with input from citizens, municipalities, political parties and various boards, the Alternate Plan 4 was adopted by a joint Resolution of the Boards on November 7, 2001. A detailed and voluminous submission package in support of Alternate 4 Plan was submitted to the Department of Justice, Civil Rights Division for preclearance. Two alternate plans were subsequently submitted by the ACLU on behalf of the Porter plaintiffs. On July 23, 2002 the Department of Justice issued its review letter and it denied preclearance of the Alternate 4 plan. The denial was based upon (a) the black population percentage and the black voting age population percentage were not high enough for District 1 in order to maintain that District as a true minority majority district; (b) Harnett County had not met its burden of establishing that the districts created by the Alternate 4 plan would not result in a retrogression of the ability of minority voters to exercise their electoral franchise. As a result of the non -preclearance by the Department of Justice, the County staff and demographer pursuant to the instructions of the two boards went back to work to create a redistricting plan which would respond to the concerns set forth in the Department of Justice letter. The results of that effort is the Alternate 5 plan map which was presented to the Board. A copy of the map was previously included in • commissioner packets. The map was shown to the Board and the meeting audience in comparison to the Alternate 4 plan. The Alternate 5 plan map also included a population summary for the 5 districts. Campbell University was taken out of District 1 and to replace that population shift a portion fo the Town of Erwin was added to District 1. Another change was the addition of one census block in the Town of Lillington which raised the total black population in District 1 to 52.88% and the total voting age black population to 50.64%. While the total plan deviation increased to 8.16%, this figure was still acceptable in that it was below the designated 10% figure. Mr. Snow noted that the Department of Justice had stated that the ACLU's second alternate plan map population figures were acceptable. The Alternate 5 plan minority percentage figures are greater than those of the ACLU plan. Mr. Snow further stated that he had discussions with the ACLU attorneys concerning the Alternate 5 plan and that they and the Porter plaintiffs appeared to be satisfied with the Alternate 5 plan population summary figures for District 1. Commissioner Hill questioned whether the Alternate 5 plan included certain minority voters who lived on P Street in Lillington in District 1. Apparently there had been some confusion among these 13 black voters as to what district they were in, Mr. Snow assured Commissioner Hill that the Alternate 5 Plan included Census Tract 707 Block 2008 in District 1. Commissioner Titchener asked whether the Board of Education had approved the Alternate 5 Plan. Mr. Snow stated that the Board of Education would consider the plan at its meeting on October 23, 2002 and that the • Education Board attorney would be presenting to his Board the same Resolution considered by the Commissioners. Mr. Snow presented to the Board a Resolution together with attached Exhibits including the Alternate 5 Plan map, population summary and listing of all assigned census blocks in the County. Mr. Snow stated that if the Resolution was adopted then it would be forwarded to the Board of Education for its consideration. If adopted by the Board of Education it is Mr. Snow's intent, pursuant to previous Board instructions, to present this plan to the ACLU attorneys for the Porter plaintiffs. Mr. Snow in conjunction with Attorney Duncan McCormick will resubmit this plan to the Department of Justice for preclearance. Hopefully that resubmission package will include a letter from the attorneys for the Porter plaintiffs certifying no objection to the Alternate 5 plan. Once the plan is precleared by the Department of Justice, then the attorneys would file a motion in the cause to the U.S. District Court for its approval. There being no further presentation or questions, Commissioner McNeill moved to adopt the Resolution with Exhibits approving the Alternate 5 plan. Commissioner Andrews seconded the motion and it passed unanimously. (Attachment 15) Neil Emory, County Manager, presented for the Board's consideration a proposed is to adopt the third one-half cent sales tax. This year the State of North Carolina eliminated county funding sources (reimbursements) totaling $1.3 million. In response to this action the County must consider replacing this lost revenue by enacting the additional one-half cent sales tax authorized by the General Assembly this session. In doing this the County will recoup the revenue lost by the State's action and will insure that our municipalities receive a source of revenue to help offset their losses as well. Commissioner Hill moved for adoption of the Resolution Levying the Third One -Half Cent Local Government Sales and Use Tax and Prescribing the Method of Distribution of the Proceeds within Harnett County. Commissioner Andrews seconded the motion and it passed unanimously. (Attachment 16) • u Departmental reports were filed with the Board from Economic Development, Emergency Medical Service, and Fund Balance Changes (Attachment 17). There being no further business, Commissioner McNeill moved for adjournment. Commissioner Andrews seconded the motion and it passed unanimously. The Harnett County Board of Commissioners' regular nmeeting, October 21, 2002, adjourned at 8:00 p.m. I\ r\ Tq(ddj J.- ByrN 'Chairman 2�1. Kay S Blanchard, Clerk to the Board Attachment 1. MONTHLY REFUND REPORT 15-Oct-02 BILL NUMBER NAME REASON AMOUNT d to4 the couvity 0 21. - �. D.t L a°'r 1 YEAR MONTH TOWN 199810955 CUMMINGS, KENNETH UNREGISTERED 1987 COUNTYWIDE - 2,450 X .68 = 16.66 1998 10/02 2 & G HONDA VEHICLE SOLD BOONE TRAIL FIRE - 2,450 X = 2.08 630 GRIFFIN ROAD IN 1996 .085 TOTAL - 18.74 LILLINGTON, NC 27546 199911433 CUMMINGS, KENNETH UNREGISTERED 1987 COUNTYWIDE - 2,050 X .73 = 14.97 1999 10/02 2 & G HONDA VEHICLE SOLD BOONE TRAIL FIRE - 2,050 X = 1.44 630 GRIFFIN ROAD IN 1996 .07 TOTAL - 16.41 LILLINGTON, NC 27546 200011934 CUMMINGS, KENNETH UNREGISTERED 1987 COUNTYWIDE - 1,845 X .73 = 13.47 2000 10/02 2 & G HONDA VEHICLE SOLD BOONE TRAIL FIRE -1,845 X - 630 GRIFFIN ROAD IN 1996 .05 .92 TOTAL -14.39 LILLINGTON, NC 27546 200111640 CUMMINGS, KENNETH UNREGISTERED 1987 COUNTYWIDE - 1,661 X .76 = 12.62 2001 10/02 2 & G HONDA VEHICLE SOLD BOONE TRAIL FIRE - 1,661 X = 1.16 - 630 GRIFFIN ROAD IN 1996 .07 TOTAL - 13.78 LILLINGTON, NC 27546 200235834 MORGAN, EDWIN F HOUSES ON WRONG COUNTYWIDE - 64,480 X .76 = 490.05 2002 10/02 2 608 RED HILL CHURCH PARCELS ERWIN FIRE - 64,480 X - 45.19 RD .07 TOTAL - 535.24 ERWIN, NC 28339 199836842 PRITCHETT, LENA ELDERLY EXEMPTION COUNTYWIDE - 1,675 X .68 = 11.39 1998 10/02 2 2771 MT PISGAH BOONE TRAIL FIRE - 1,675 X = 1.42 CHURCH RD .085 TOTAL - 12.81 BROADWAY, NC 27505 199938361 PRITCHETT, LENA ELDERLY EXEMPTION COUNTYWIDE - 2,500 X .73 = 18.25 1999 10/02 2 2771 MT PISGAH BOONE TRAIL FIRE - 2,500 X = 1.75 CHURCH RD .07 TOTAL - 20.00 BROADWAY, NC 27505 200040227 PRITCHETT, LENA ELDERLY -EXEMPTION COUNTYWIDE - 2,500 X .73 = 18.25 2000 10/02 2 2771 MT PISGAH BOONE TRAIL FIRE - 2,500 X = 1.25 CHURCH RD .05 TOTAL - 19.50 BROADWAY, NC 27505 200139553 PRITCHETT, LENA ELDERLY EXEMPTION COUNTYWIDE - 2,500 X .76 = 19.00 2001 10/02 2 2771 MT PISGAH BOONE TRAIL FIRE - 2,500 X = 1.75 CHURCH RD .07 TOTAL - 20.75 BROADWAY, NC 27505 200240776 PRITCHETT, LENA ELDERLY EXEMPTION COUNTYWIDE - 2,500 X .76 = 19.00 2002 10/02 2 2771 MT PISGAH BOONE TRAIL FIRE - 2,500 X =1.75 CHURCH RD .07 TOTAL - 20.75 BROADWAY, NC 27505 200139994 RAMOS, JUAN LOPEZ BILLED FOR 2000 COUNTYWIDE - 898 X .76 = 6.83 2001 10/02 2 15 MAHALIE COURT OAKWOOD; OWNS 1999 BLACK RIVER FIRE - 898 X = ANGIER, NC 27501 OAKWOOD .07 .63 TOTAL - 7.46 200040663 RAMOS, JUAN LOPEZ BILLED FOR 2000 COUNTYWIDE - 917 X .73 = 6.70 2000 10/02 2 15 MAHALIE COURT OAKWOOD; OWNS 1999 BLACK RIVER FIRE - 917 X = ANGIER, NC 27501 OAKWOOD .07 .65 TOTAL - 7.35 m4 MONTHLY REFUND REPORT Licensed Motor Vehicles 15-Oct-02 BILL NUMBER NAME AND ADDRESS REASON AMOUNT 2002520670 BEASLEY, JR WILLIAM BOYD . VALUE CORRECTED COUNTY 22.42 301 WESTFIELD DR BASED ON CI05 - 13.57 DUNN, NC 28334 MILEAGE AND SC20 - .59 DAMAGE TOTAL - 36.58 2001671239 BEASLEY, MARGARET LEE SOLD VEHICLE; COUNTY - 5.12 771 AMMONS RD TURNED IN LICENSE FR22 - DUNN, NC 28334-6228 .40 SC20 - .13 TOTAL - 5.65 2002525496 BRUNDIGE, JEREMEy JOE MILITARY COUNTY-135.96 60 SENTER PANE EXEMPTION FR16 - 17.89 BUNNLEVEL, NC 28323-8476 TOTAL - 153.85 2002526665 HAMILTON, JERRY GLENN CORRECTION IN FR12 - 17.48 250 E PINE ST DISTRICTS TOTAL - 17.48 LII,LINGTON, NC 27546 2002527080 HAMILTON, JERRY GLENN CORRECTION IN FR12 - 2.56 250 E PINE ST DISTRICTS TOTAL - 2.56 LILLINGTON, NC 27546 2001675927 JACKSON, TAMMYE LYNETTE SOLD VEHICLE COUNTY - 25.02 109 ROSE CIRCLE C105 - 15.14 DUNN, NC 28334-2822 SC20 - .66 TOTAL - 40.82 2002502744 MCKINNEY, TEDDY STEWART MOVED TO COUNTY - 14.35 2675 MABRY ROAD ANOTHER STATE FR60 -1.89 ANGIER NC 27501-7782 TOTAL - 16.24 2002527757 SHEPHERD, HAW SOLD VEHICLE COUNTY - 40.85 390 SHERIFF JOHNSON RD FR60 - 5.37 LILLINGTON, NC 27546-6116 TOTAL 46.22 Approved bi4 t3?e S?Orrsafe' M ` Cau'Ity sJurI a $a a.33Y� Date �4< MONTHS YEAR MONTH TOWN VEHICLE OWNED 2002 10/02 2 CI05 08 2001 10/02 2 2002 10/02 2 2002 10/02 2 2002 10/02 2 07 2001 10/02 2 07 2002 10/02 2 06 2002 10/02 2 2002516949 THUBET, GERARD SOLD VEHICLE COUNTY - 23.03 P.O. BOX 339 .12 06 2002 10/02 2 TOTAL ANGIER,NC 27501-0339 - -2 TOT25.15 • is 0 9 • • Attachment 2. RESOLUTION 5e Wedding Anniversary Mr. & Mrs. Willie Lee McKoy Sr. WHEREAS, Lillie Maria and Willie Lee McKoy Sr. will be celebrating their 50`h wedding anniversary on October 25, 2002; and WHEREAS, throughout their marriage the couple has been known for their love and devotion to each other as well for their contributions to their community; and WHEREAS, in recognition of this event their family and friends will gather on October 26, 2002 to recognize the occasion and to show them how much they mean to their family and friends. NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners does hereby recognize and congratulate Mr. and Mrs. McKoy as they celebrate their 500' wedding anniversary with family and fripds and does hereby thank them for their contributions to Harnett County throughout their lives. Adopted this 21s` day of October, 2002. HARNE;ed%dy. UNTY BOARD OF COMMISSIONERS A 6, � PJ d, Chai an &, eaAcB.11, ice Chairman Dan B. Andrews Attachment 3. RESOLUTION IN SUPPORT OF THE STATE OF NORTH CAROLINA ADOPTING THE AMBER ALERT WARNING SYSTEM TO INFORM CITIZENS OF MISSING OR ABDUCTED CHILDREN WHEREAS, local communities may implement an emergency alert plan such as AMBER (America's Missing: Broadcast Emergency Response) Plan to expedite the recovery of abducted children; and WHEREAS, the goal of the AMBER Alert is to warn the community of a child abduction and to assist in the search and safe return of the child; and WHEREAS, the AMBER plan, a partnership between law enforcement agencies and media officials, assists law enforcement, parents and local communities to respond immediately to the most serious child abduction cases; and WHEREAS, just as in a storm emergency, when warnings are broadcast locally, under AMBER, radio and televisions Stations, as a public service, interrupt programming with a critical message from law enforcement regarding the description of missing child; and WHEREAS, since the first few hours during which a child is missing are critical, the AMBER plan helps the community respond quickly; and WHEREAS, the National Center for Missing and Exploited Children endorses the AMBER Plan and is promoting the use of such emergency alert plans nationwide. NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners isrespectfully requests that the General Assembly enact legislation to implement the AMBER Plan across North Carolina to aid in the search and safe return of abducted children. This 21" day of October, 2002. HARNETT COTNTY BOARD OF COMMISSIONERS eddy J. Char eatrice B. Hill, Vice finnan Dan B. Andrews `Walt Titchener C Tim McNeill strong roots • new growth 770 Attachment 4. ORDER NO. CONTRACT CHANGE ORDER 1-Final Adjusting DATE 10-9-02, STAT`NC CONTRACT FOR I COUNTY SW Phase III - Water Line Harnett OWNER Southwest Water & Sewer Distri t of HArnatt rnr,nr Ir To ...... C9..c1S.tr.uo.ti.an...C.o...�-P_-O-Box -• 500r Morrisvi116'i NC� 275-6-0- (Conrrecrbr) You are hereby requested to comply with the. following changes from the contract plans and specifications: Description of Changes DECREASE INCREASE (Supplemental Plans and Specifications Attached) in Contract Price in Contract Price Items 1 thru 10 (See Attached) 11. Change Pipe from 2011 to 16" 43,557.40 12. Final Adjustment for overruns & underruns TOTALS $ 43E $57_r e JUSTIFICATION:. See Attached $ 60,563.37 is 91,,472.93 152,.036.30 108,478. The amount of the Contract will be QDAdtOX00) (Increased) By The Sum Of: One hundred —Eight thousand, four hundred—ser nth( iaht s go/inn Dollars ($ 3 08, 478. 90 ), ,The Contract Total Including this and previous Change Orders Will Be: _Twn M i T 1 i nn, Nine hundred Seven thousand Five hundred —fifty —ones an1lja Dollars($ 211907r551.90). The Contract Period Prdvided for Completion Will Be (Increased) (Decreased) (Unchanged): Days This document will become a supplement to the contract and lpr s l ions will apply hereto..` Requested -'* I0-1l-4 y f (Owner) (Defe) Recommended l✓ (/,/�I�/ 10-9-02 Owner'. Archlreef/Engineer) Dafe) Accepted 10-9-0� (C"nfreefod (Defe) Attachment 5. SKINNER LAMM & HIGHSMITH - /A ARCHITECTS September 20, 2002 � a v Mr. Tony Wilder Assistant County Manager Harnett County P. O. Box 759 Lillington, North Carolina 27546 Re: Harnett County Courthouse #A-723 Dear Tony: We have received three (3) competitive bids for the landscaping for the referenced project. The bids are as follow: Irrigation Alternate Landscaping Irrigation Zones Total Jones Landscaping & Maint. $165,435 $16,650 $1,800 $183,885 (Fuquay Uarina) Davis Landscape Ltd. $164,900 $19,000 ? $183,900 (Raleigh) Bland Landscaping Co., Inc. $206,492 $22,143 $3,806 $232,441 (Apex) As you can see, two of the three bids are very close; however, they are slightly above the cost estimate ($179,000) given last March. These bids do include sodding as well as relocating several existing trees. Please review and we can discuss how you wish to proceed. Sincerely, is Benja in A. Skinner III BASIII: nww cc: Bill Highsmith, SL&H Jonathan Melvin, MRM Design Group Attachment 6. EXTRACTS FROM MINUTES OF THE BOARD OF COMMISSIONERS A regular meeting of the Board of Commissioners of the County of Hamett, North Carolina, was duly held on Monday, October 21, 2002 at 7:00 p.m. in the County Board of Commissioners Assembly Room, 102 East Front Street, Lillington, North Carolina. Chairman Teddy Byrd presiding. The following members were present: Teddy J. Byrd, Chairman Beatrice B. Hill Dan B. Andrews Titchener isWalt Tim McNeill The following members were absent: None Commissioner moved that the following resolution, copies of which having been made available to the Board of Commissioners, be adopted: RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN AMENDMENT TO INSTALLMENT FINANCING CONTRACT, DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO 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 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 of the County of Harnett, North Carolina (the "Board of Commissioners'), has previously determined that it was in the best interest of the County to enter into an installment financing contract (the "1994 Contract') with the Harnett County Public Facilities Corporation (the "Corporation') in order to finance (1) the acquisition, construction, renovation and equipping of certain primary and middle schools (the "School Projects"), (2) the acquisition, construction and equipping of a County Department of Health and Social Services facility (the "DSSIHealth Facility") and (3) the acquisition, construction and equipping of a new water reservoir, pumping station and water storage tank associated with the County's water treatment facility (the "Water Project" and collectively with the School Projects and the DSS/Health Facility, the "Project'). WHEREAS, the County has previously determined and hereby redetermines that the construction of the Project was essential to the County's proper, efficient and economic operation and to the general health and welfare of its inhabitants; that the Project is providing an essential use and is permitting the County to carry out public functions that it is authorized by law to perform; and that entering into the 1994 Contract was necessary and expedient for the County by virtue of the findings previously presented; WHEREAS, the County has previously determined that the 1994 Contract allows the County to purchase the Project and take title thereto at a favorable interest rate currently available in the financial marketplace and upon terms advantageous to the County; WHEREAS, the County has been advised that it can achieve savings by refinancing the principal portion of Installment Payments due under the 1994 Contract and proposes to enter into Amendment Number One to the 1994 Contract dated as of December 1, 2002 (the 'First Contract Amendment" and collectively with the 1994 Contract, the "Contract"); WHEREAS, Parker Poe Adams & Bernstein L.L.P., as special counsel ( "Special Counsel"), will render an opinion to the effect that entering into the First Contract Amendment 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 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, the approval of the LGC with respect to entering the First Contract Amendment 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 First Contract Amendment. 7 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROUIVA, AS FOLLOWS: Section 1. Authorization to Negotiate the First Contract Amendment. That 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 cost of the Project for a principal amount not to exceed $24,000,000 under the First Contract Amendment to be entered into in accordance with the provisions of Section 16OA-20 of the General Statutes of North Carolina. Section 2. Application to LGC. That the Finance Officer or her designee is hereby directed to file with the LGC an application for its approval of the First Contract Amendment 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. That the County Manager and the Finance Officer, with advice from the County Attorney, are hereby authorized and directed to retain the assistance of Parker Poe Adams & Bernstein L.L.P., Charlotte, North Carolina, as Special Counsel. Section 4. Public Hearing. That a public hearing (the "Public Hearing') shall be conducted by the Board of Commissioners on November 18, 2002 at 7:00 p.m. in the County Board of Commissioners Assembly Room, 102 East Front Street, Lillington, North Carolina, concerning the Contract, the proposed refinancing of the acquisition of the Project and any other transactions contemplated therein and associated therewith. Section 5. Notice of Public Hearing. That the County Clerk is hereby directed to cause a notice of the Public Hearing, in the form attached hereto as Exhibit A, 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. That all motions, orders, resolutions and parts thereof in conflict herewith are hereby repealed. Section 7. Effective Date. That this Resolution is effective on the date of its adoption. STATE OF NORTH CAROLINA SS: COUNTY OF HARNETT I, Kay S. Blanchard, Clerk to the Board of Commissioners of the County of Harnett, North Carolina, DO HEREBY CERTIFY, as follows: A regular meeting of the Board of Commissioners of the County of Harnett, a political subdivision of the State of North Carolina, was duly held on Monday, October 21, 2002, proper notice of such meeting having been given as required by North Carolina statute, and minutes of said meeting have been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the minutes of said Board of Commissioners. I have compared the attached extract with said minutes so recorded and said extract is a true copy of said minutes and of the whole thereof insofar as said minutes relate to matters referred to in said extract. Said minutes correctly state the time when said meeting was convened and the place where such meeting was held and the members of said Board who attended said meeting. IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of said County, this 21" day of October, 2002. (SEAL) KAY S. BLANCHARD Clerk to the Board of Commissioners County of Harnett, North Carolina CLT 651128v4 • • 773 EXHIBIT A NOTICE OF PUBLIC HEARING BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA At its October 21, 2002 meeting, the Board of Commissioners (the "Board of Commissioners') of the County of Harnett, North Carolina (the "County'), adopted a resolution which authorized the County to proceed with the refinancing of an installment financing contract (the "1994 Contract') with the Harnett County Public Facilities Corporation (the "Corporation') entered into in order to finance (1) the acquisition, construction, renovation and equipping of certain primary and middle schools (the "School Projects"), (2) the acquisition, construction and equipping of a County Department of Health and Social Services facility (the "DSS/Health Facility") and (3) the acquisition, construction and equipping of a new water reservoir, pumping station and water storage tank associated with the County's water treatment facility (the "Water • Project" and collectively with the School Projects and the DSS/Health Facility, the "Project'). The aggregate principal components of installment payments under the 1994 Contract were $40,995,000, of which $25,135,000 are currently outstanding. The County proposes to enter into Amendment Number One to the 1994 Contract dated as of December 1, 2002 (the "First Contract Amendment" and collectively with the 1994 Contract, the "Contract'), with the result that the aggregate principal components of installment payments under the Contract will not exceed $24,000,000. In connection with the 1994 Contract, the County granted a security interest in the portion of the Project listed below through a Deed of Trust and Security Agreement: • Anderson Creek Primary School NC210 south 12 miles, right on SR1120, right on SR2064, school located on left Dunn Middle School SR1715 on left approximately 1 mile on Meadow Lark Road North Harnett School NC210 north 6 miles to SR1438, mm left, North Harnett School Road, .4 miles on left South Harnett School NC210 south 10 miles, school located on left DSS/Health Facility Approximately .5 miles northwest of intersection US Highway 401 and 421 north of Lillington Harnett County Water Storage Project Harnett County Department of Public Utilities on Duncan Street, Lillington Southwestern Water Tank Project Southwest on Hwy 27 left, .4 miles on SR1115 inside Sunset Ridge Subdivision NOTICE IS HEREBY GIVEN, pursuant to Sections IfOA-20 of the General Statutes of North Carolina, that, on November 18, 2002 at 7:00 p.m. in the County Board of Commissioners Assembly Room, 102 East Front Street, Lillington, North Carolina, a public hearing will be conducted concerning the approval of the execution and delivery of the First Contract Amendment and the refinancing of the Project. All interested parties are invited to present comments at the public hearing regarding the execution and delivery of the First Contract Amendment and the refinancing of the Project. Published: November _, 2002 CLT 651128v4 Attachment 7. KAY S. BLANCHARD Clerk to the Board of Commissioners County of Harnett, North Carolina RESOLUTION Snipes Insurance Service, Inc. WHEREAS, the success and well-being of any county is due in large part to the success and well-being of its business community; and WHEREAS, within any successful business community you will find those companies that have stood the test of time and have found success through their commitment to their customers and their community; and WHEREAS, Snipes Insurance Services Inc. has proven itself to be one of these companies through its fifty years of service to the citizens of our county; and WHEREAS, the success of this third generation business has come about as the result of the leadership of co-founder John Snipes as well as that of his son, current company president, J. Dal Snipes and of his grandson John Snipes. NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners does hereby recognize and congratulate Snipes Insurance Service Inc. and its employees on this their fiftieth anniversary and does hereby extend its appreciation to the company for its contributions to our county's economy over the past fifty years. Adopted this 21" day of October, 2002. HARNET7;, BOARD OF COMMISSIONERS J. d,C1 a1nn eat �Hilli., Walt Titchener strong roots • new growth ��...4zi. Dan B. Andrews Tun McNeill 77 4 Attachment 8. RESOLUTION Sue Tingen Johnson WHEREAS, Sue Tingen Johnson, the daughter of Frank Howard Tingen and Sudie Blanche Tingen, has been a lifelong resident of Harnett County; and WHEREAS, throughout her life she has been devoted to her family, her Christian faith, and to the Western Harnett Community as proprietor of Tingen's Grocery from March 11, 1964 to November 1, 2002; and WHEREAS, over this period of time she has unselfishly supported the educational • programs of the Western Harnett High School District through ticket sales, donations, and the promotion of special activities in the schools; and WHEREAS, Sue Tingen Johnson has operated Tingen's Grocery for thirty-eight years, eight months, and during this time has not only contributed to the economic and educational well being of the community but has also provided the community a meeting place for social and political activities and discussion; and WHEREAS, on November 1, 2002, Tingen's Grocery, affectionately known as Sue's, will close its doors and mark the end of an era in the community. ' NOW, THEREFORE BE IT RESOLVED that .the Harnett County Board of Commissioners does hereby commend Sue Tingen Johnson for her many years of service to her community and does hereby thank her for her service to our County as a citizen and as a business owner. In addition, the Board extends to her its best wishes as she enters her retirement years. Attachment 9. Local Firemen's Relief Fund Trustees: Each Fire Department appoints two trustees, the County Board of Commissioners approves/appoints two trustees and the Fire Chief of each department recommends one trustee to be approvedlappointed by the NC Insurance Commissioner. Provided is a list of the departments and the persons in which each department is requesting your approval. Spout Springs Emereencv Services Flat Branch Volunteer Fire Dept. Williams Hayes Charles Wilson Geraldine Rodriquez Holt Fehnent Anderson Creek Emergency Service Flatwoods Fire Dept. Duane Rowe Michael Langdon Gerry Bird Donald Graves Erwin Fire Dept. & Rescue Sauad, Inc. Coats -Grove Fire & Rescue, Inc. Ricky Blackmon Graymon Powell Allen Monds Zennie L. Poole, Jr. Buies Creek Rural Fire Department Angier & Black River Dept., Inc. • Waymon Byrd Eric Byrd Thomas Coats Harold Flowers, Jr. Summerville Fire & Rescue, Inc. F. Bryant Keith Leo McDonald Benhaven Emereencv Services. Inc. William J. Edwards Steven Bond, Sr. Dunn-Averasboro Arnold B. Barefoot, Sr. Richard E. Hedgepeth Boone Trail Emereencv Services Vernon Cox Donald O'Quinn Northwest Harnett Glenwood M. Caviness, Jr. Richard Braswell Bunnlevel Volunteer Everette Hurley David Miles Attachment 10. RESOLUTION TO SUBMIT CDBG CONCENTRATED NEEDS APPLICATION WHEREAS, Harnett County intends to apply for FY 2003-2004 CDBG funds for the revitalization of the structures within the Lockhart Lane/Shawtown Road area of the Shawtown Community. • THEREFORE, BE IT RESOLVED that Harnett County authorizes the submission of a CDBG Concentrated Needs application for $700,000 and authorizes the Chairman to execute all documents pertaining thereto, and Harnett County will provide $70,000 from the general fund to be available beginning July 1, 2003 to be expended over two fiscal years. This resolution was adopted this 215t day of October, 2002 by the Harnett County Board of Commissioners. dy J. r , airman arnett Cdtfhty Board of Commissioners Kay Eganchard, Clerk to the Board Attachment 11. isHARNETT COUNTY NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY SUBDIVISION REGULATIONS TEXT WHEREAS, the Board of Commissioners of Harnett County adopted the Harnett County Subdivision Regulations on April 7, 1977 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A-330; and WHEREAS, the Subdivision Regulations contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the proposed amendments to the Harnett County Subdivision Regulations and recommends the adoption of the following amendments. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that amendments have been made to Article III, Section 3.3 of the Hamett County Subdivision Regulations by adding the following text: However, the Planning Director or Designee may at any time refer the application for a minor subdivision to the major subdivision approval process. Duly adopted this 21st day of October, Two Thousand Two and effective upon adoption. �c Attachment 12. RESOLUTION RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO APPLY TO THE LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF BONDS • WHEREAS, the Board of Commissioners of the County of Harnett, North Carolina (the "County"), sitting as the governing body (the "Board") of the South Central Water and Sewer District of Harnett County (the "District") is considering the issuance of general obligation bonds of the District which shall be for the following purposes and in the following maximum amounts: $42,000,000 of bonds to pay the costs of providing for the construction, equipping, renovation and furnishing of a centralized wastewater collection system within the District, including, but not limited to, the acquisition of pumping stations, the upgrading of a wastewater treatment plant and the installation of gravity collection lines and forcemain. NOW, THEREFORE, BE IT RESOLVED by the Board that the Clerk to the Board is hereby directed to cause a copy of the "NOTICE OF INTENTION TO APPLY TO THE LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF BONDS" to be published in The Daily Record on or about October 23, 2002. READ, APPROVED AND ADOPTED this 21" day of October, 2002. Kay S. Vanchard T dy J. Byr Clerk to the Board Chairman of a card APPROVED AS TO FORM: Dwigfft Snow, Esq. County Attorney STATE OF NORTH CAROLINA ) SS: COUNTY OF HARNETT 1 I Kay S. Blanchard, Clerk to the Board of Commissioners of the County of Harnett, North Carolina (the "County'), sitting as the governing body (the "Board') of the South Central Water and Sewer District of Harnett County (the "District") DO HEREBY CERTIFY the attached to be a true and correct copy of a Resolution entitled, "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO APPLY TO THE LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF BONDS" adopted by the Board at a meeting held on the 21" day of October, 2002. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said County, this the 21" day of October, 2002. (SEAL) >d • &A4,q i Kay S. Bfiltichard Clerk to the Board • 0 Attachment 13. RESOLUTION RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY AUTHORIZING THE REPRESENTATIVE OF THE DISTRICT TO APPLY TO THE LOCAL GOVERNMENT • COMMISSION FOR APPROVAL OF THE DISTRICT'S PROPOSED GENERAL OBLIGATION WATER AND SEWER BOND FINANCING AND TO SUBMIT SUCH APPLICATION TO THE LOCAL GOVERNMENT COMMISSION WHEREAS, Board of Commissioners of the County of Harnett, North Carolina (the "County,,), sitting as the governing body (the "Board") of the South Central Water and Sewer District of Harnett County (the "District') proposes to'set a public hearing on the following Bond Order entitled: "BOND ORDER AUTHORIZING THE ISSUANCE OF $42,000,000 GENERAL OBLIGATION WATER AND SEWER BONDS OF THE THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY, NORTH CAROLINA" WHEREAS, it is necessary, as a condition to the consideration and adoption of the Bond Order, to submit an Application to the Local Government Commission for Approval of the Bonds, all in the manner required by The Local Government Bond Act. NOW, THEREFORE, be it resolved by the Board sitting as the governing body of the District that Steve Ward, of the Harnett County Public Utilities, is appointed as the District's designated representative and is hereby directed to file with the Local Government Commission an application for its approval of the general obligation water and sewer bonds hereinbefore described, on a form prescribed by said Commission, and (1) to request in such application that said Commission approve the District's use of Parker Poe Adams & Bernstein L.L.P. of Charlotte, North Carolina, as bond counsel for the District, and (2) to state in such application such facts and to attach thereto such exhibits in regard to such general obligation water and sewer bonds and to the District and its financial condition, as may be required by said Commission. BE IT FURTHER RESOLVED that this Resolution is effective on the date of its adoption. READ, APPROVED AND ADOPTED this 21't day of October, 2002. Kay S#31anchardr T ddy J. B B Clerk to the Board 40 Chairman o e Board APP AS TO FORM: D ight Snow, Esq. County Attorney STATE OF NORTH CAROLINA ) COUNTY OF HARNETT SS: I, Kay S. Blanchard, Clerk to the Board of Commissioners of the County of Harnett, North Carolina (the "County"), sitting as the governing body (the "Board") of the South Central Water and Sewer District of Harnett County (the "District") DO HEREBY CERTIFY the attached to be a true and correct copy of a Resolution entitled, "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY AUTHORIZING THE REPRESENTATIVE OF THE DISTRICT TO APPLY TO THE LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF THE DISTRICT'S PROPOSED GENERAL OBLIGATION WATER AND SEWER BOND FINANCING AND TO SUBMIT SUCH APPLICATION TO THE LOCAL GOVERNMENT COMMISSION" adopted by the Board at a regular meeting held on the 21" day of October, 2002. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said County, this the 2 1 " day of October, 2002. • (SEAL) y S. Blanchard Clerk to the Board of Commissioners County of Harnett, North Carolina 778 Attachment 14. RESOLUTION RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY MAKING CERTAIN STATEMENTS OF FACT CONCERNING PROPOSED BOND ISSUE WHEREAS, the Board of Commissioners of the County of Harnett, North Carolina (the "County'), sitting as the governing body (the "Board") of the South Central Water and Sewer District of Hamett County (the "District'), is considering the issuance of bonds of the County which shall be for the following purposes and in the following maximum amount: $42,000,000 of bonds to pay the costs of providing for the construction, • equipping, renovation and furnishing of a centralized wastewater collection system within the District, including, but not limited to, the acquisition of pumping stations, the upgrading of a wastewater treatment plant and the installation of gravity collection lines and forcemain WHEREAS, certain findings of fact by the Board must be presented to enable the Local Government Commission of the State of North Carolina to make certain determinations as set forth in Section 159-52 the North Carolina General Statutes, as amended. NOW, THEREFORE, BE IT RESOLVED that the Board, meeting in open session on the 21" day of October, 2002, has made the following factual findings in regard to this matter: A. Facts Regarding Necessity of Proposed Financing. The proposed bonds are necessary and expedient to pay the costs of providing for the construction, equipping, renovation and furnishing of a centralized wastewater collection system within the District, including, but not limited to, the acquisition of pumping stations, the upgrading of a wastewater treatment plant and the installation of gravity collection lines and forcemain. B. Facts Supporting the Amount of Bonds Proposed. The sums estimated for these bonds are adequate and not excessive for the proposed purposes. Estimates for the proposed construction, equipping, renovation and furnishing have been carefully analyzed and said amount has been determined to be adequate and not excessive for the planned improvements, in that the amount is sufficient to cover the estimated cost of construction of the improvements to the wastewater system and to cover any additional increase in cost due to inflation and contingencies all as set forth in the engineering study by Marziano & Minier. C. Past Debt Management, Procedures and Policies. The District's debt management Procedures and policies are excellent and have been carried out in compliance with law. The District has appointed Steve Ward as its designated representative (the "District Representative') to oversee compliance with applicable laws relating to debt management. The Board requires annual audits of the District's finances. In connection with these audits, compliance with laws is reviewed. The District is not in default in any of its debt service obligations. The County Attorney reviews all debt -related documents • for compliance with laws. D. Past Budgetary and Fiscal Management Policies. The District's budgetary and fiscal management policies have been carried out in compliance with laws. Annual budgets are closely reviewed by the Board before final approval of budget ordinances. Budget amendments changing a function total or between functions are presented to the Board at regular Board meetings. The District Representative presents financial information to the Board which shows budget to actual comparisons annually and otherwise as a member of the Board may request. E. Increase in Consumer Rates; Retirement of Debt. The schedule for issuing the bonds will require a increase in the cost of the consumer rates for the average household's consumption to $32.00 each month in order to pay principal and interest on the bonds, but the increase in consumer rates necessary to pay the proposed debt service will not be excessive. The schedule for issuance anticipates issuing all of the bonds in three series in fiscal years 2003, 2004 and 2005. READ, APPROVED AND ADOPTED this 21" day of October, 2002. WW Kay S. loanchard ed J. Byrd Clerk to the Board Chairman of the az APPROVED AS TO FORM: Dwight 9now, Esq. County Attorney STATE OF NORTH CAROLINA SS: COUNTY OF HARNETT I, Kay S. Blanchard, Clerk to the Board of Commissioners of the County of Harnett, North Carolina (the "County"), sitting as the governing body (the "Board') of the South Central Water and Sewer District of Harnett County (the "District") DO HEREBY CERTIFY the attached to be a true and correct copy of a Resolution entitled, "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY MAKING CERTAIN STATEMENTS OF FACT CONCERNING PROPOSED BOND ISSUE" adopted by the Board at a regular meeting held on the 21s' day of October, 2002. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of said County, this the 21day of October, 2002. (SEAL) / 1y J. • IiC d KS. Blanchard Clerk to the Board of Commissioners County of Harnett, North Carolina 779 NOTICE OF INTENTION TO APPLY TO THE LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF BONDS NOTICE IS HEREBY GIVEN of intention of the undersigned to file application with the Local Government Commission, Raleigh, North Carolina for its approval of the issuance of general obligation • bonds of the South Central Water and Sewer District of Hamett County, North Carolina which shall be for the following purposes and in the following maximum amounts: $42,000,000 of bonds to pay the costs of providing for the construction, equipping, renovation and furnishing of a centralized wastewater collection system within the District, including, but not limited to, the acquisition of pumping stations, the upgrading of a wastewater treatment plant and the installation of gravity collection lines and forcemain. Any citizen or taxpayer of the County of Harnett, North Carolina objecting to the issuance of any or all of said bonds, within seven (7) days after the date of publication of this notice, may file with the Local Government Commission and with the undersigned a written statement setting forth each objection to the proposed bond issue and such statement shall contain the name and address of the person filing it. BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA X� �. v r� Kay S%lanchard Clerk to the Board of Commissioners County of Harnett, North Carolina • 0 Attachment 15. STATE OF NORTH CAROLINA ------------- - --- HARNETT COUNTY RESOLUTION • THAT WHEREAS, the Harnett County Board of Commissioners convened as its regularly scheduled meeting at 7:00 P.M. on 21 October, 2002, in the Harnett County Office Building, 102 East Front Street, Lillington, North Carolina; that the Harnett County Board ofEducation convened at a special called meeting at 6:00 p.m. on 23 October 2002 in the Board of Education Office Building at 1008 11t' Street, Lillington, N.C.; and WHEREAS, one of the items included in the published agenda for each of the respective Boards was the consideration ofthe redefinition of electoral boundaries within the County ofHamett based upon statistical data resulting from the 2000 census; and WHEREAS, Harnett County is divided into electoral districts for the purpose of nominating and electing, persons to the Harnett County Board of Commissioners and the Harnett County Board of Education; and WHEREAS, the electoral districts of Harnett County are five (5) in number and constitute single member districts within which only voters residing therein are eligible to vote for a candidate for the Harnett County Board of Commissioners and a candidate for the Harnett County Board of Education; and rWHEREA S, the Harnett County Board of Commissioners and the Harnett County Board of Education have found that, based upon the 2000 census data, there is a substantial inequality of the population among the five districts; and WHEREAS, the General Statutes of North Carolina grant to the Harnett County Board of Commissioners and the Harnett County Board of Education the power to redefine the electoral districts in order to alleviate a substantial inequality of population among such districts; and WHEREAS, it is necessary to alter and change the boundaries of the districts to resolve the substantial inequality of population among the districts as shown by statistical data provided by the 2000 census; and WHEREAS, the current districts were formulated based upon data from the 1990 census, and these districts were established in 1992 under and pursuant to a consent decree entered in Civil Action Number 88-950-CIV-5, an action brought in United States District Court for the Eastern District of North Carolina, and any modification of such original districts requires approval of the Court; and WHEREAS, Harnett County is subject to the provisions of Section 5 of the Voting Rights Act of 1965, as amended, which requires that any proposed alteration ofvoting districts be submitted to the United States Department of Justice for preclearance; and is WHEREAS, the statistical data relating to the existing districts based upon the 2000 census was prepared and considered by both Boards and such data sets forth the inequality of population among the existing districts; and WHEREAS, the terms of office of those members presently serving on the Harnett County Board of Commissioners from Districts 1 and 2 expire in 2002, and the terms of office of those members presently serving on the Harnett County Board of Education from Districts 1, 3, and 5 expire in 2002; and IMAMM FMOM WHEREAS, certain maps and plats were prepared on behalf of the Harnett County Board of Commissioners and Board of Education which reflect a redefinition of the electoral districts in order to alleviate the substantial inequality of population above referenced and said maps are incorporated by reference; and WHEREAS, on November 7, 2001 a joint Resolution was adopted by the Harnett County Board of Commissioners and the Harnett County Board of Education whereby the Alternate Plan 4 • redistricting map with supporting census blocks listing was adopted by the Boards to be submitted to the U. S. Department of Justice for preclearance pursuant to the provisions of the Voting Rights Act of 1965; that on July 23, 2002 the Department of Justice issued its review statement that the Alternate Plan 4 was not precleared in that said plan did not meet the Voting Rights Act Section 5 burden of showing that the proposed changes on the Alternate Plan 4 map had neither a discriminatory purpose nor a discriminatory effect; and WHEREAS, as a result of the non -preclearance statement issued by the Department of Justice, the Boards have considered additional data and further modifications to the redistricting map which not only reflect a redefinition of the electoral districts in order to alleviate the substantial inequality of population caused by population shifts since the 1990 census, but also those concerns set forth in the July 23, 2002 statement by the Department of Justice; that a modified map designated as Alternate Plan 5 is the result of the Boards' consideration. NOW THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF CONMIS SIONERS AND THE HARNETT COUNTY BOARD OF EDUCATION: That the electoral districts shall be and the same are hereby redefined to be as set forth on that Alternate Plan 5 map and list of census blocks by district which are attached hereto and incorporated herein collectively as Exhibits A and B. • 2. That the respective attorneys, administrative oilers and personnel of the Harnett County Board of Commissioners and the Harnett County Board of Education shall be and they are authorized to submit this matter to the U. S. Department of Justice for preclearance under and pursuant to the provisions of the Voting Rights Act of 1965, as amended, and other applicable provisions of law. 3. That the respective attorneys for the Harnett County Board of Commissioners and the Harnett County Board of Education shall be and they are authorized to submit to and file with the United States District Court for the Eastern District of North Carolina, a motion and such other and further pleadings as might be required by law or deemed advisable by them for the approval of this redistricting plan. 4. That elections shall be held in 2004 as by law provided for the purpose of selecting members of the Harnett County Board of Commissioners from Districts 3, 4 and 5 and elections shall be held in 2004 as by law provided for the purpose of selecting members of the Harnett County Board of Education from Districts 2 and 4 as shown on the map and list of census blocks by district which are attached hereto and collectively incorporated herein as Exhibit A; that all subsequent elections shall be from these modified districts until further actions by the Boards, the U.S. Justice Department and the U.S. District Court. • This the 21' day of October, 2002. HARNET COUNTY BOARD OF CONMUSSIONERS a =. By: T ddy J. Chair Kay SOBlanchard, Clerk HARNETT COUNTY BOARD OF EDUCATION � o By: T. Harringto orrison, C 'r Don d E. Andrews, Secretary I, Kay S. Blanchard, Clerk for the Harnett County Board of Commissioners, do hereby certify that the attached Resolution and Exhibits are true and accurate actions of the Harnett County Board of Commissioners and was adopted by the Board, by a vote of 5— to Q, at the regular meeting of the Board on October 21, 2002. Kay S. Aanchard, Clerk for Harnett County Board of Commissioners I, Donald E. Andrews, Secretary for the Harnett County Board of Education, do hereby certify that the attached Resolution and Exhibits are true and accurate actions of the Harnett County Board of Education and was adopted by the Board, by a vote of 3 to , at a special meeting of the Board on October 23, 2002. Donald E. Andrews, Secretary of the Harnett County Board of Education HARNETT COUNTY ALTERNATE PLAN 5. POPULATION SUMMARY DISTRICT TOTAL POPULATION BLACK POPULATION % BLACK VOTING AGE POPULATION BLACK VOTING AGE POPULATION % BLACK % VARIATION 1 17,097 9,031 52.82 121712 6,431 50.59 -6.09 2 18,401 2,987 16.23 j 13,281 1,824 13.73 +1.08 3 18,417 1,921 10.43 14,222 1,308 9.20 +1.16 4 18,529 2,825 15.25 13,591 1,891 13.91 +1.78 5 18,581 3,717 20.00 12,679 2,360 18.61 +2.07 TOTAL 91,025 20,481 122.50 66,485 13,814 20.78 — Ideal Population Size per district 18,205 Variation High +2.07% Low -6.09% Total 8.16% • • • Attachment 16. 7 3 • Walt Titchener Harnett COUNTY NORTH CAROUNA www.hamett.org • RESOLUTION LEVYING THE THIRD ONE-HALF CENT (1/2¢) LOCAL GOVERNMENT SALES AND USE TAX AND PRESCRIBING THE METHOD OF DISTRIBUTION OF THE PROCEEDS WITHIN HARNETT COUNTY WHEREAS, the General Assembly has authorized the Harnett County Board of Commissioners to levy a one-half percent (1/2%) local sales and use tax by enacting N.C.G.S. 105-517(b) in Section 34.14(a) of Session Law 2001-424, as amended by S.L. 2002-123, "An Act to Accelerate the Additional One-half'Cent (1/20) Local Option Sales and Use Tax and to Make Conforming and Technical Changes, " and WHEREAS, the Harnett County Board of Commissioners gave proper public notice of the Board's intent to consider this resolution, as required by Section 10 of S.L. 1002-123,and WHEREAS, Harnett County has lost $1.3 million in funds made available by the State of North Carolina to replace revenue lost because of legislative action: (1) to repeal sales taxes imposed on purchases made with Food Stamps; (2) to repeal property taxes imposed on inventories held by manufacturers, retailers and wholesalers; (3) to repeal taxes on intangible personal property; and (4) to reduce taxes levied on residential property owned by low-income elderly taxpayers; and WHEREAS, the Harnett County Board of Commissioners hereby finds that, particularly in light of the circumstances cited herein, the levy of "The Third One-half Cent (1/20) Local Government Sales and Use Tax" is necessary to adequately finance the operations of the county and cities and towns herein. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that: (1) There is hereby imposed and levied within Harnett County the third one-half cent (1/2¢) Local Government Sales and Use Tax authorized by Section • 34.14(a) of S.L. 2001-424, as amendment by S.L. 2002-123, and codified as Article 44 of Chapter 105 of the General Statutes of north Carolina. The tax hereby imposed and levied shall apply to the same extent and be subject to the same limitations as are set forth in said S.L. 2001-424. (2) Collection of the tax by the North Carolina Secretary of Revenue, and liability therefore, shall begin and continue on and after the first day of December, 2002. (3) The net proceeds of the tax levied herein shall be distributed by the Secretary of Revenue to Harnett County as prescribed by N.C.G.S. 105-520. The amount distributed to Harnett County shall be divided among the county and municipalities herein in accordance with the method by which the one percent (1 %) sales and use tax levied in Harnett County, pursuant to Article 39 of General Statutes Chapter 105, are distributed. (4) This Resolution is effective upon its adoption, and a certified copy hereof shall be forwarded to the North Carolina Secretary of Revenue. Adopted this 21" day of October, 2002. HARNETT COIhNTY BOARD OF CO SIONERS eddy J. yr , Ch ' ./ • 1 IJ YQ eatrice B. Hill, Vice hairman Dan B. Andrews l lI^ rNPill ✓` y,4 1� A 1 �TM Attachment 17. • Fund Balance Changes - General Fund Fiscal Year 2002-2003 As of October 18, 2002 . NM W. P ofyL . . . . . ..... To increase Fund Balance Appropriated for the rental of a 1 7/1/2002 Transportation $2,227.00 110 specialized chair -lift van for the Transportation Department. To increase Fund Balance Appropriated to carry donated 4 7/15/2002 Emergency Services $1,199.00 110 funds forward from a prior year. To increase Fund Balance Appropriated due to unused contributions to the Department on Aging for the prior fiscal 6 7/15/2002 Aging $2,844.00 110 year. To reduce Fund Balance Appropriated do to decrease in 12 8 1 /5/2002 Sheriff ($30,715-00) 110 contracted services I budget. To increase Pund Balance Appropriated to -re-enciunber 19 8/5/2002 Finance $141,974.00 110 purchase orders from fiscal year 2001-2002. To budget rent for office spaces through the end of the fiscal 23 8/5/2002 Facilities Fees $34,320.00 110 year. To increase Fund Balance Due to unspent Medicaid Earnings 34 8/5/2002 Health $28,543.00 110 and Family Planning Fees for fiscal year 2001-2002. To increase Fund Balance Appropriated to re -encumber ftm& budgeted in the prior fiscal year for the alarm replacement at 37 8/5/2002 Sheriff $19,730.00 110 the Sheriff Department. To increase Fund Balance Appropriated for a part-time 49 8/19/2002 Planning $24,560.00 110 position in the Planning Department. To increase Fund Balance Appropriated due to unexpended donated and Special Needs Adoption funding from the prior 57 8119/2002 Social Services $48,242:00 110 year. M.0 R .......... ... ..... . . . VIM.R. M 0 �ffll 2M To increase Fund Balance Appropriated to cover the County'E m-kind contribution for the Child Care Resource & Referral 74 9/3/2002 Cooperative Extensior $4,320.00 110 Program ITo increase Fund Balance Appropriated to budget Medicaid 78 9/16/2002 Health $14,497.00 110 Cost Settlement funds received on May 22, 2002. ITo decrease Fund Balance Appropriated due to an increase in 82 9/16/2002 Transportation ($1,218.00) 110 the grant awarded from the NC Division of Aging. -increase Fund Balance Appropriated to return unspent grant funds from fiscal year 2001-2002 for the Rural IT 86 9/16/2002 MIS $844.00 110 Economic Development Grant. To reduce Fund Balance Appropriated so the current budget will coincide with the Office of Juvenile Justice Program IAgreement 90 9/16/2002 Youth Services ($1,936.00) 110 for the current fiscal year. To increase Fund Balance Appropriated due to business tax 105 10/7/2002 Tax $1,894.00 110 audits conducted by Tax Management Associates. To increase Fund Balance Appropriated to return unspent grant funds from fiscal year 2001-2002 for the CBA Juvenile 109 10/7/2002 Youth Services $7,868.00 110 Restitution. F $3,012,703 $3,012,703 year-to-date Fund Balance Appropriated: $3,311,996 0 0 0 7 0 0 Fund Balance Changes Public Utilities Fiscal Year 2002-2003 As of October 18, 2002 . . . . ..... .......... . . . . . . . . . ... -W -ffime&,.. 50 � M g, . g@ To increase Fund Balance Appropriated for a transfer of funds to the Southwest Regional Transmission 2 7/l/2002 Public Utilities $342,791.00 531 Project. To increase Fund Balance Appropriated for to re - encumber purchase orders from fiscal year 2001 - 18 1� 8/5/2002 Public Utilities $101,000.00 531 2002. To increase Fund Balance Appropriated to budget a transfer of funds to the Titan Wastewater Extension 25 8/5/2002 Public Utilities $44,038.00 531 Project. To increase Fund Balance Appropriated to budget a transfer of funds to the Titan Industries Wastewater 27 8/5/2002 Public Utilities $7,405.00 531 Project. To increase Fund Balance Appropriated to budget a transfer of funds to the Coats Wastewater Extension 30 8/5/2002 Public Utilities $95,000.00 531 Project. To increase Fund Balance Appropriated for the transfer of funds to the General Fund for the Edgerton 76 9/3/2002 Public Utilities $14,675.00 531 1 industrial park. To increase Fund Balance to transfer funds to the 108 10/7/2002 Public Utilities $416,217.00 531 Coats Wastewater Project. YUa1-LU-UdLV runs balance Appropriated: Fund Balance Changes - Solid Waste FY 2002-2003 As of October 18, 2002 Fund Balance I To reduce Fund Balance Appropriated due to a budget 64 J 9/3/2002 1 Solid Waste ($186) 580 adjustment to the Xerox coDv charae. Year -to -Date Fund RRIqnni- Annrr)nrinf.,4- $145,290.00 $1,166,416.00 $315,785.00 $315,599.00