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HomeMy WebLinkAbout042108r 730 HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting April 21, 2008 The Harnett County Board of Commissioners met in regular session on Monday, April 21, 2008, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington,North Carolina. Members present: Teddy J. Byrd, Chairman • Beatrice B. Hill, Vice Chairman Dan B. Andrews Tim McNeill Gary House 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. Vice Chairman Hill moved to approve the agenda as published. Commissioner Andrews seconded the motion and it passed unanimously. Commissioner House had questions regarding the Amendment to Campbell Convocation Center Use Agreement, an item on the consent agenda. Commissioner McNeill made a motion to remove the item from the consent agenda and consider it separately. Commissioner Andrews seconded the motion and it passed unanimously. Commissioner Andrews moved to approved all other items on the consent agenda as • listed below. Commissioner McNeill seconded the motion and it passed unanimously. After discussion regarding the Campbell University agreement, Commissioner McNeill moved to approve the Convocation Center Use Agreement contingent upon clarification of language by the respective attorneys. Vice Chairman Hill seconded the motion and it passed unanimously. 1. Minutes: Regular Meeting, April 7, 2008 2. Budget amendments: 359 Public Utilities-Administration(Fund 531-HCDPU) Code 531-9000-431.11-00 Salaries &Wages 35,000. increase 531-9000-431.12-00 Salaries &Wages, p.t. 12,000. decrease 531-9000-431.23-00 Regular Retirement 1,500. increase 531-9000-431.23-01 Supplemental Retirement 6,000, decrease 531-9000-431.41-10 Utilities 4,000. increase 531-9000-431.41-11 Telecommunications &Postage 6,000. increase 531-9000-431.43-16 Maintenance &Repair-Equip. 3,000. decrease 531-9000-431.60-33 Materials & Supplies 7,000. decrease 531-9000-431.60-53 Dues & Subscriptions 1,000 decrease • 531-9000-431.60-57 Miscellaneous Expense 2,500. decrease 531-0000-399.00-00 Fund Balance Appropriated 15,000. increase 360 Public Utilities-Water(Fund 531-HCDPU) Code 531-9015-431.11-00 Salaries &Wages 38,000. increase 531-9015-431.12-00 Salaries &Wages,p.t. 2,000. decrease 531-9015-431.23-00 Regular Retirement 2,000. increase 531-9015-431.22-00 FICA Tax Expense 1,500. increase 531-9015-431.34-03 Bulk Water 10,000. decrease .. 729 , Intra-Departmental Budget Amendments `• � Fiscal Year 2007-2008 • Harnett As of March 18,2008 COONTY Budget i ' ' -. Amendment - Dopartment Account - Inca-case Date Number : 'Department Code Description (0ecrease) February 29,2008 283 Parks&Reere,tiwi 110-S200.450.74-74 Capital Outlay S (2,5001 —Maintenance&Re_pair. 110-8200450.43-1B Landscaping $ (2,000i 110.8700-450.00-33 Materials&Supplies $ 4,500- • Cooperative Febrdsry 29,2008 284 Extension ✓ 110-73C0-455.44-21 Building 3 Equipment Rent r$ 320 1 1 0-7 304465.30-04 Professional Services .£ (320) 1 Cooperative February 29,2008 785 Extension 110.7303465.60-33 Matenals&Supplies 5 2.000 110-7300.465,30-04 Professional Services S. (2.0cJ) • Law Enforcement& Clefentior:Facility February 29.2008 287 Project CP0401 313-8300-470.45.35 Matenals&&replies $ 76,220 . 313-8300410.45-04 Professional Services $ (78,2241 . Februarys 29,2008 250 Jail 11 O-5120-470.33-45 + Contracted Services S 596 _ r t • Maintenance a Repair-Auto $ (596) February 29,2008 a 292 Administration 110-4100-410.58-14 Travel Admin S (600) 1104100-410 60-47 Food&Provisions -S- 000 . Fort Bragg NTA Housing Water& Wastewater February 29,2008 293 Extension"PU0601" 551-9100-431.45-70 interest During Construction $ 24.234 561-0100-:31.45-33 Materials&Supplies $ (24,2841 Telecommunications& March a.2808 297 Health 110-7000-141-41-11 Poslagr, y BOO 110-7000-941.55-12 Printing&Fielding S 660 - 110-7800-441 58-14 Travel S 1800) I R 110.7 ttQ7 441.60 33 Materials&Suppiirr S _ (80) 110-1800.441-64-25 Hooks&Publications $ (600)1 March 7,2008 303 HIJD 235-6404-441.30.07 Align Fees 5 2,508 • 235-8404-441.32-83 Sundry Miscetraneous Expense $ 12,508)l i-r;,5- ,-f__1 Intro-Departmental Budget Amendments I,`.::,7�s,.-' :_; Fiscal Year 2007-2008 Harnett As of March 18,2008 COUNTY . 138ilget - Amendment DeparimentAccount, , Inereare Date Number. . Department Code . • Description (Decrease) Cooperative Extension•Parents March 12.2008 --a 310 As Teachers 110-7310-455 11-30 z Salaries x Wages S (.12,2001 110-7310455 71.00 Group Insurance Expense $ (7,500) 1 1 0-731 0405.22-00 —FICA Tax Ekpeirse $ (1.515) n_______ 110-31D-485.23-00 Regular Retirement S (851) 110-7310-4652 01 Supplemental Retirement 3 (884) 110-7310-466.26.08 Worker's Compensation S (259} 110-7's10455.58-01 Training 8 M-ectings 5 4,700 110 7310 495.64-25 Banks&Publications $ 4,1013 110-7310-455 50-47 mood&Provisions $ 409 110.73104b5.60-33 Material&Supplies 3 0,000 Minch 13, 2008 322 Administration 110-4150-110.58-01 - Training 3 Meetings $ (100) 110-4 150 41 0,p0-33 Materials&Supplies �$ 100 March 13, 20'JB 373 Administration 110.4154j110.58-01 Training&Meetings 3 (2001 110-4150.410 50-53 Dues 3 Subscriptions _3 200 731 531-9015-431.41-11 Telecommunications &Postage 3,000. increase 531-9015-431.60-31 Gas, Oil &Auto Supplies 5,000. increase 531-9015-431.60-33 Materials & Supplies 10,000. decrease 531-9015-431.60-53 Dues & Subscriptions 1,000. decrease 531-0000-399.00-00 Fund Balance Appropriated 26,500. increase 361 Public Utilities-Wastewater (Fund 531-HCDPU) Code 531-9020-431.11-00 Salaries &Wages 135,000. increase 531-9020-431.23-00 Regular Retirement 7,000. increase • 531-9020-431.22-00 FICA Tax Expense 9,000. increase 531-9020-431.23-01 Supplemental Retirement 1,000. increase 531-9020-431.41-11 Telecommunication&Postage 4,000. increase 531-9020-431.41-10 Utilities 42,000. increase 531-9020-431.60-33 Materials & Supplies 2,000. decrease 531-0000-399.00-00 Fund Balance Appropriated 196,000. increase 362 Public Utilities-Distribution (Fund 531-HCDPU) Code 531-9025-431.23-01 Supplemental Retirement 7,000. decrease 531-9025-431.41-11 Telecommunication&Postage 3,000. increase 531-9025-431.43-19 Maintenance &Repair-system 45,000. increase 531-9025-431.60-31 Gas, Oil &Auto Supplies 16,000. increase 531-9025-431.60-36 Uniforms 6,000. decrease 531-0000-399.00-00 Fund Balance Appropriated 51,000. increase 363 Public Utilities-Collections (Fund 531-HCDPU) Code 531-9030-431.11-00 Salaries &Wages 70,000. increase 531-9030-431.23-00 Regular Retirement 4,000. increase 531-9030-431.22-00 FICA Tax Expense 5,000. increase 531-9030-431.23-01 Supplemental Retirement 1,500. decrease 531-9030-431.41-11 Telecommunication& Postage 3,000. increase 1111 531-9030-431.41-10 Utilities 15,000. increase 531-9030-431.43-19 Maintenance &Repair-System 10,000. increase 531-9030-431.54-26 Advertising 1,000. decrease 531-9030-431.60-31 Gas, Oil &Auto Supplies 19,000. increase 531-9030-431.60-36 Uniforms 3,000. decrease 531-9030-431.60-53 Dues & Subscriptions 1,000. decrease 531-0000-399.00-00 Fund Balance Appropriated 119,500. increase 368 General Services (Fund 110-General) Code 110-0000-356.30-00 Insurance Proceeds 1,443. increase 110-4600-410.43-21 Maintenance &Repair Auto 1,443. increase 369 General Services (Fund 110-General) Code 110-0000-356.30-00 Insurance Proceeds 1,983. increase 110-4600-410.43-21 Maintenance &Repair Auto 1,983. increase 370 Revenues (Fund 110-General) Code 110-0000-322.71-01 Recreation Fees-Anderson Creek 1,700. increase 110-0000-322.71-03 Recreation Fees-Barbecue 92,500. increase 110-0000-322.71-04 Recreation Fees-Black River 15,000. increase 110-0000-322.71-08 Recreation Fees-Hector's Creek 29,000. increase • 110-0000-399.00-00 Fund Balance Appropriated 138,200. decrease 374 Health (Fund 110-General) Code 110-7600-441.58-01 Training &Meetings 1,025. increase 110-7600-441.60-33 Materials & Supplies 2,076. increase 110-0000-334.76-02 Food& Lodging 3,101. increase 375 General Services (Fund 110-General) Code 110-4600-410.43-21 Maintenance&Repair-Auto 35,000. increase 110-0000-399.00-00 Fund Balance Appropriated 35,000. increase 732 377 Sheriff(Fund 110-General) Code 110-0000-356.30-00 Insurance Reimbursement 685. increase 110-5100-420.43-21 Maintenance &Repair 685. increase 378 Cooperative Extension(Fund 110-General) Code 110-7300-465.32-29 Agriculture Programs 2,321. increase 110-0000-344.12-00 Agriculture Programs 2,321. increase 379 Automation Enhancement(Fund 230-Automation Enhancement) • Code 230-4800-410.30-04 Professional Services 12,960. decrease 230-4800-410.74-74 Capital Outlay 12,960. increase 384 Social Services-Public Assistance (Fund 110-General) Code 110-7710-441.80-85 Progress Energy Neighbor 989. increase 110-0000-330-77-01 Social Services Administration 989. increase 110-7710-441.80-50 Day Care-Subsidy 149,295. increase 110-0000-330.77-04 Day Care-Subsidy 149,295. increase 110-7710-441.80-60 Day Care Smart Start 120,000. increase 110-0000-330-77.05 Day Care Smart Start 120,000. increase 385 Aging-Retired seniors Volunteer Program (Fund 110-General) Code 110-7510-441.32-13 RSVP Special Projects 1,325. increase 110-0000-353.15-00 Contributions &Donations RSVP 1,325. increase 386 Information Technology(Fund 110-General) Code 110-4900-410.41-11 Telecommunication &Postage 2,000. increase 110-0000-389.42-00 Interfund Transfer-E911 2,000. increase 387 Emergency Telephone System (Fund 240-E911) Code 240-5900-420.41-11 Telecommunication&Postage 2,000. decrease 240-5900-420.90-10 Interfund Trans.-Gen. Fund 2,000. increase • 388 EMS/EMS Transport(Fund 110-General) Code 110-5400-420.60-33 Materials & Supplies 4,200. decrease 110-5400-420.74-74 Capital Outlay-Equipment 4,200. increase 110-5401-420.60-33 Materials & Supplies 1,800. decrease 110-5401-420.74-74 Capital Outlay Equipment 1,800. increase 389 Harnett Criminal Justice partnership Program (Fund 110-General) Code 110-5102-420.33-45 Contracted Services 15,000. increase 110-5102-420.58-14 Travel Admin. 1,500. increase 110-0000-334.51-02 Harnett Criminal Justice 16,500. increase 390 Jail (Fund 110-General) Code 110-5120-420.11-00 Salaries &Wages 8,560. increase 110-0000-331.51-18 State Criminal Alien Assistance Program-SCAAP 8,560. increase 391 Harnett/Fuquay Wastewater Project (Fund 551-"PU012B") Code 551-9100-431-45-80 Contingency 200,000. decrease 551-9100-431.45-70 Interest during Construction 200,000. increase 392 Communications (Fund 110-General) • Code 110-5110-420-60-33 Materials & Supplies 22,700. increase 110-0000-399.00-00 Fund Balance Appropriated 22,700. increase 393 Solid Waste (Fund 580-Solid Waste) Code 580-0000-354.01-00 Sale of Other Assets 50,000. increase 580-6600-461.30-04 Professional Services 50,000. decrease 733 580-6600-461.33-45 Contracted Services 100,000. increase . 398 Education(Fund 110-General) Code 110-8600-480-31-09 Bd. of Ed. Fines & Forfeitures 150,000. increase 110-0000-379-10-00 Bd. of Ed. Fines &Forfeitures 150,000. increase 405 Law Enforcement Expansion Capital Project(Fund 331"CP0401") Code 313-8300-410.45-01 Construction 16,999. decrease 313-8300-410.45-80 Contingency 16,999. increase 3. Tax refunds (Attachment 1) 4. Resolution to add Adrian Street to the state road system(Attachment 2) 5. Authorization for the Sheriff's Department to accept a grant in the amount of $8,560.00 from the State Criminal Alien Assistance Program (SCAAP) funding. The funds will be used to supplement to the jail overtime budget line item (110-5100-420.11- 00). 6. Authorization for the Sheriff's Department to accept additional funding from the Department of Correction for the Criminal Justice Partnership Program. The funds ($16,500.00)must be used before June 30, 2008. These funds will be used for counseling services and travel to a CJPP conference. No matching funds are required from the County. 7. Change Order Number 6 for Bordeaux Construction Company, Inc. associated with the Harnett County Detention Center Project, in the amount of$16,999.000. This change order deletes dry sprinkler systems from the recreation yards, deletes electrical boxes and circuits for security doors and cameras and provides post indicator valve (PIV) assembly. • 8. Authorization for Retired and Senior Volunteer Program (RSVP) to submit a grant renewal for FY 2009. The federal grant is in the amount of$42,530.00 from the Corporation for National and Community section. 9. Authorization for Emergency Services to submit an application for a 10%matching grant through the Assistance to Firefighters Grant 2008 Program. The funds will be used to purchase decontamination devices for emergency response agencies ($47,777.00), and personal protective equipment($19,704.00). Total amount of grant is $67,481.00 and requires a$6,748.00 match. 10. Authorization for Information Technology Department(IT) to use sole source for the purchase of ExecuTime Time and Attendance software, initially for use in Public Utilities and Register of Deeds. This company is the only authorized 3rd party provider of time and attendance software that is compatible with the county's existing payroll software- Sungard HTE. 11. Write-offs of delinquent Public Utilities accounts determined to be at write-off status for the first quarter of 2008. All of these accounts have been delinquent for more than three years and total $14,873.67. 12. Write-off of delinquent Emergency Medical Services accounts for the month of March, 2008. The write-offs total $35,799.67. • 13. Services Contract with Sanford Housing Authority for the administration of the Harnett County Housing Choice Voucher Program. 14. Donation of$2,000.00 to the Chicora Amateur Radio Group for the installation and replacement of equipment of the 146.700 Dunn Repeater. The repeater along with the tower and antenna system owned by the Chicora Amateur Radio Group and used by the Amateur Radio Emergency Service of Harnett County were lost in the Godwin Building Supply building fire'on 9-11-07. The repeater is the network hub used by the amateur radio operator volunteer group ARES to support the County Emergency Operations 734 Center and the evacuation shelter in times of need. These volunteers always participate in training sessions of Emergency Services such as the Harris Nuclear Drills and also participate in real emergencies such as Hurricane Fran, Bonnie and Floyd. Informal comments were offered by Floyd Hein, 411 Rainey Drive, Spring Lake, who expressed his concerns with issues regarding Public Utilities' rights of way for placement of sewer line in Twin Lakes subdivision; and Jim Burgin, candidate for county commissioner, who asked the Board to consider placing the hospital issue on a ballot this fall and let the people decide what should be done about health care in Harnett County. Commissioner Andrews moved for the appointments listed below. Vice Chairman Hill • seconded the motion and it passed unanimously. Adult Care Home Community Advisory Committee Kenneth H. Murchison re-appointed for additional 3-year term to expire 2-28-11 Nominated by Commissioner Andrews Agricultural Advisory Board R. H. Byrd appointed as at-large member Nominated by Commissioner Andrews Harnett County Public Facilities Corporation Board of Directors . Billy G. Pope and William A. Wilder re-appointed for 1-year terms to expire 3-31-09, and nominated by Vice Chairman Hill Samantha Fizcko, Planner, presented a rezoning request for WAS Family Limited Partnership (Shaw Construction Co., Inc.) from RA-20R to Commercial Zoning, SR 1144 at 1248 Bill Shaw Road, 5.27 acres, Anderson Creek Township. The Planning Board recommended approval based on favorable findings of facts and reasonable"small scale rezoning". Chairman Byrd called to order a public hearing on the matter and opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Commissioner McNeill moved to approve the zoning change • request as presented. Commissioner House seconded the motion and it passed unanimously. Samantha Fizcko, Planner, presented a rezoning request for Randy A. Newsome from Commercial to RA-20M Zoning, Hwy 210 S, 55 Leeks Lane, 0.81 acre, Anderson Creek Township. The Planning Board recommended approval with a unanimous vote. Chairman Byrd called to order a public hearing on the matter and opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Commissioner House moved to approve the zoning change request as presented. Commissioner Andrews seconded the motion and it passed unanimously. Samantha Fizcko, Planner,presented a rezoning request for Henry B. & Emma Jackson from RA-20M &RA-20R to Commercial Zoning, Hwy 87, 3 tracts totaling 3.26 acres, Johnsonville Township. The Planning Board recommended approval with a unanimous vote. Chairman Byrd called to order a public hearing on the matter and opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Commissioner McNeill moved to approve the zoning change request as presented. Commissioner Andrews seconded the motion and it passed unanimous vote. Samantha Fizcko, Planner, presented a proposed text amendment to the Manufactured • Home Park Ordinance. The applicants for the text amendment were Donald &Jerry Gregory who requested guidelines be added to the ordinance which would allow recreational vehicles in manufactured home parks. The Planning Board recommended denial of the proposed amendment with a 4 to 1 vote. Chairman Byrd called to order a public hearing on the matter and opened the meeting for comments from the public. Comments were received from Donald Gregory, applicant, who stated that there is a need for RV spaces. Howard Penny, former chairman of the Board of Adjustment, noted that the RV spaces issue was considered years ago and did not pass at that time. Mr. Penny stated that the need to address the issue is there now. There being no further comments, 735 Chairman Byrd closed the public hearing. After discussion, Commissioner McNeill moved to send the proposed text amendment back to the Planning Department for further work. Commissioner Andrews seconded the motion and it passed with a unanimous vote. A proposed text amendment to the Manufactured Home Park Ordinance will be considered by the Board at a later meeting. The County Manager reported to the Board that notice of a public hearing to receive public comments on the proposed execution and delivery by the County of(a) an Installment FinancingContract to paythe capital costs of the construction, equipping and p q • furnishing of the new Angier Elementary School (the "Project") and (b) a Deed of Trust, Security Agreement and Fixture Filing to create a security interest in the real property on which the Project will be located and the improvements thereon was published on April 11, 2008 stating that the Board would hold a public hearing thereon on April 21, 2008 at 7:00 p.m. The Chairman of the Board then announced that the Board would hear anyone who wished to be heard on the questions of the proposed Contract and the projects to be financed thereby. The following people spoke at the public hearing: Jim Burgin. Commissioner Andrews moved that the public hearing be closed. The motion was seconded by Commissioner Hill and was unanimously adopted. Commissioner Andrews moved to adopt a resolution approving an installment financing contract and a deed of trust, lease and agency agreement. Vice Chairman Hill seconded the motion and it passed unanimously. (Attachment 3). Commissioner Andrews moved to adopt a resolution approving financing terms for the Angier Elementary School project. Commissioner McNeill seconded the motion and it passed unanimously. (Attachment 3A) Major Gary McNeill, Harnett County Sheriff's Depaitiuent, noted that on August 6, 2007, the Board of Commissioners authorized the purchase of equipment and software to implement a radio link with Wake County. The project will allow the Harnett County 911 Center to communicate with law enforcement agencies in Wake County, and will allow Wake County deputies who cross county lines to assist Harnett County deputies to talk car to car with Harnett County deputies. Commissioner Andrews moved to approve an appropriation of$22,700.00 to fund the County's share of the communication link. Commissioner McNeill seconded the motion and it passed unanimously. Departmental reports were filed with the Board from the Planning Depaitiuent, Sheriff's Department and Finance Office(Attachment 4) Commissioner Andrews moved that the Board go into closed session pursuant to NCGS 143-318.11(a)(3) to consult with legal staff in order to preserve the attorney-client privilege and to consider and give instructions to the attorney concerning the handling or settlement of a claim,judicial action,mediation, arbitration or administration procedure. Specifically, the Board shall consider the following matters: the workers compensation claims of Denise Pier; Angela Monds; and Ricky Bullock. Vice Chairman Hill seconded the motion and it passed unanimously. Commissioner McNeill moved for the Board to come out of closed session. • Commissioner House seconded the motion and it passed unanimously. There being no further business, Commissioner McNeill moved to adjourn. Commissioner House seconded the motion and it passed unanimously. The Harnett County Board of Commissioners meeting, April 21, 2008, adjourned at 8:45 p.m. 736 Ted J. Byrd, Cha• Ka�ier faA,a,km d lanchard Attachment 1 Approved by the HarTt17R " • smtrnssr.tneea Board Re..rl • ` , Olen. Dale:04t2f/2008 Approved By:_ TO:HARNEIT COUNTY BOARD OF CO iimiss1ONERS RE:CONSIDERATION OF REFUND FOR TAXES,INTEREST AND PENALTTES FOR ALL MUNICIPALITIES No. Nanis of Tea Peeve etd! Tar.trllnsst and Total Request PaaRhs Refund Star Moronsaan lt :t 1 AANDERSON. SAMUEL cool 1: 485- City 0.00 Military Exemption III S67 LONG IRON DRIVE 2036-20 6- 169.67 Refund FAYETTEVILLE NC. 28312 DDDoOU County 169.57 2 ANDERSON, SAMUEL 0001130503- Olt/ 0.00 GRADY III 2C0�2006- 49.52 Refund Military Exemption 687 LONG IRON DRIVE OCOCdO County 49.52 FAYETTEVILIE NC, 28312 3 CALDW€LL,'AL J01-4 6001269712- city 0.00 Military Exemption PSC 3 BOX 152 2007-2007- 222.78 Refund APO AP, 98265 000000 Courtly 222_76 4 JOHNSON: IRIS BtANCHARD 6001129134. City a.Do Correctl04t in Sites 2300 US 401 N 2007.2007- 1.53 Refund LILLINOTON. NC. 27548- 000Q61 Comity 1_63 9337 5 MCKINNEY, JOHN DAV1D 000127$A77- City 0.00 Value Decrease- SA MC kirattsv 4.P.i 200552035- 171.45 Refund CAMERON, NC, 28326.6763 006030 County 171.45 6 MCKINNEY. JOHN DAVID 000176877_ City 0.00 9A aNCN1NNEY IN 2006-2006. 164.76 Refund Value Decrease CAMERON. NC, 20325-8783 comma County 184,76 7 POPE, SHAREBBA HARPER 0301400525• 40I3RLLAVERYRD 2007-2007- City 0.00 12,83 Refund Value Decrease COATS, NC, 27521•9205 000000 County t2.63 Batty Srnlih City Total 0,00 Revenue Admtn$Itralor County Total 792J'4 • Total to be 792.54 Refunded Board Resort Return Dale:04t212110a . Approved By TO:HARNETT COUNTY BOARD OF COMMISSIONERS RE:CONSIDERATION OF REFUND FOR TAXES.INTEREST AND PENALTIES FOR ALL MUNICIPALITIES Pia. Name o1 Tax Payer 6111 A ta;tneaeaeR and N Total Rommel Ree c. Pena/Dad Ronald Starr CELEY, GARRY JILES Cdy 0.00 Value Decrease 9991 NC 21 EAST 0031303625-2007-2(107.D001x)0 1,010.54 Refund BENSON. NC. 27504 County 1,010.54 Batty Smith city Total 0.00 Revenue Administrator County total '1.010.54 Total In be 1,010.61 Refunded Attachment 2 RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby,by proper execution of this document.request that the North Carolina Department of Transportation add to the Suite's Secondary Road System the below tinted street Jonathan tr • Adrian Street Adopted this 21 st day of April.2008. • HARNE-[T COUNTY BOARD OF COMMISSIONERS :2,...,42 d / Tekid_ J.'Byrd.Chairman Attest: �Cis!f at /.vLit.ehlr �and � Clerk to the Board 737 Attachment 3 RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF FHARNETT, NORTH CAROLINA, APPROVING AN INSTALLMENT FLNANCING CONTRACT AND A LEER OF TRUST,LEASE AND AGENCY AGREEMENT WITH RESPECT THERETO 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 die State of North Carolina, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina(die "State"); • WHEREAS. the County has the power, pursuant to the General Statutes of North Carolina to (I)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 of the County (the "Beard of Commissioners') has previously determined that it is in the best interest of the County to(a)enter into an installment financing contract(the "Contract')with Branch Banking and Trust Company(the "Bank')in order to finance and refinance the capital costs of the construction, equipping and furnishing of the new Angier Elementary School(the "Projev-t")and(b)create a security interest in the real property on which the Project will be located(the "Site")and any improvements thereon(together with the Site, the "'Afortgoged Property) through a Deed of Trust,Security Agreement and Fixture Filing(the "Deed of Trust'); WHEREAS. the Project will be owned by the County and operated by the Board of Education(as defined herein)on behalf of the County: cur It163i7?v2 WHEREAS, the Board adopted a resolution on March 17, 2008 making certain findings with respect to the Project and the proposed financing therefore: WHEREAS,the Board conducted a public hearing with respect to the Project on April 21,2008 to receive public comments on the Project,the proposed financing,the Contract and the Deed of Trust; WHEREAS. the County has filed an application with the LGC for approval of the LGC with respect to the County entering into the Contract in an aggregate principal amount of not to exceed S 15,000,000 at the interest rates specified in the Contract; WHEREAS there has been made available to the Board the forms of the: (a) the Contract; (b) the Deed of Trust: • (c) a Lease Agreement dated as of May 1,2008(the "Lease'),between the County and Harnett County Board of Education(the "Board of Education"), providing for the County to lease to the Board of Education the Project and the Site thereof,,and (d) an Agency Agreement dated as of May 1, 2008 (the "Agency,tgnement'), between the County and the Board of Education,providing for the Board of Education to carry out the Project as the County's agent (collectively, the "•Inslruntenrs"), which the County proposes to approve, enter into and deliver, as applicable,to effectuate the proposed financing at interest rates as specified in the Contract;and WHEREAS, it appears that each of the Instruments is in appropriate form and is an appropriate instrument for the purposes intended; 4orl; THEREFORE, BE IT RESOLVED BY TILE BOARD OF COMAILSSIONERS OF THE COUNTY OF IL-fRAE7T AORTHCAROLL"bi.AS FOLLOWS: Section 1. Ratification of Prior Actions. All actions of the County, the County Manager, the Finance Officer and the Clerk to the Board 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 Instruments. Section 2. Approva4 Authorization and Execution of Contract. The County hereby approves the Project in accordance with the terms of the Contract,which 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 not to exceed S15,000,000 at the interest rates specified in the Contract,such amount to be repaid by the County to the Bank as provided in the Contract The form, terms and content of the Contract arc in all respects authorized, approved and confirmed, and the Chairman,the County Manager,the Finance Officer of the County and the Clerk to the Board or their respective designees are each authorized, empowered and directed to execute anti 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 they may deem 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 Irons and after the execution and delivery of the Contract, the Chairman,the County 2 CI-1'1114347t2 738 Manager, the Finance Officer of the County and the Clerk to the Board or their respective designees arc hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Contract as executed. Section 3. Approve!,Authorization of Deed of Trust The form, terms and content of the Deed of Trust arc in tall respects authorized, approved and confirmed, and the Chairman, ttte County Manager.the Finance Officer of the County and the Clerk to the Board or their respective designees are each authorized,empowered and directed to execute and deliver the Deed of Trust for and on behalf of the County, including necessary counterparts, in substantially the form attached hereto, hut with such changes, modifications, additions or deletions therein as they may deem 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 Deed of Trust,the Chairman,the County Manager,the Finance Officer of the County and the Clerk to the Board or their respective designees are each hereby authorized,empowered and directed to do al!such • acts and things and to execute all such documents as may be necessary to carry out and comply with the; provisions of the Deed of Trust as executed. Section 4. Approval,Authorization of Lease. The form,terms and content of the Lease are in all respects authorized, approved and confirmed,and the Chairman,the County Manager,the Finance Officer of the County and the Clerk to the Board or their respective designees are each authorized, empowered and directed to execute and deliver the Lease 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 they may deem 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 Lease,the Chairman,the County Manager, the Finance Officer of the County and the Clerk to the Hoard or their respective designees are each hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may he necessary to carry out and•comply with the provisions of the Lease as executed_ Section S. Approve!,Authorization of Agency Agreement. The fort.terms and content of the Agency Agreement arc in all respects authorized, approved and confirmed, and the Chairman, the County Manager, the Finance Officer of the County and the Clerk to the Board or their respective designees are each authorized,empowered and directed to execute and deliver the Agency Agreement 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 they may deem 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 Agency Agreement,the Chairman,the County Manager,the Finance Officer of the County and the Clerk to the Board or their respective designees are each hereby authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Agency Agreement as executed. Section 6, Further Actions, The County Manager, the Chairman of the Board and the Finance Officer of the County are each hereby designated as the County's representatives to act on behalf • of the County in connection with the transactions contemplated by the Instruments, and the County Manager, the Chairman of the Board and the Finance Officer of the County are each authorized and directed to proceed with the Project in accordance with the terms of the instruments,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 County Managerand the Finance Officer of the County are each hereby authorized to designate one or more employees of the County to take all actions which the 3 Choi . the County Manager and the Finance Officer or the County are each authorized to perform under this Resolution.and the Chairman,the County Manager.the Finance Officer of the County or their designees arc each in all respects authorized on behalf of the County to supply all information pertaining to the transactions contemplated by the Instruments. The Chairman of the Board. the County Manager, the Finance Officer of the County and the Clerk to the Board are authorized to execute and deliver for and on behalf of the County any and all additional certificates. documents. opinions or other papers and t per rm all other acts asInstruments may he required by the or asthey may deem necessary or appropriate to implement and can our the intent and purposes of this Resolution_ Section 7. Repealer. All motions. orders, resolutions, ordinances and parts thereof in conflict herewith are hereby repealed_ Section E. Swernbil ry_ If any section, phrase or provision of this Resolution is for any reason declared to be invalid.such declaration will not affect the validity of the remainder of the sections. phrases or provisions of this Resolution_ Section 9_ F_ffecrh'e Dena. This Resolution is effective on the date of its adoption. CM motion of Commissioner Andrews. seconded by Commissioner McNeill. the foregoing re Solution entitled"RESOLUTION OF THE.BOARD OF CONIMISSIONERN OF THE COUNTY OF IIARNE.TT, NORTH CAROLINA.APPROVING AN IYSTA LLIIE,'rr FINANCtNC C,zvrn.a.-r.AND A DEED OF TRUST. LEASE. AND AGENCY AC.REP.N ENT WITtt RESPECT THERETO AND DELIVERY THEREOF AND PROVIDING FOR C£RTA IN OTHER BELATED NIATCF_RS"was duly adopted by the follonving vote: AYrs, 5 NAYS: 0 STATE OP NORTH CAROLINA ss: COUNTY cr HA1tN,,rT ) I, KAy S. BLANCtlARO,Clerk to the Board of-Commissioners of the County of Harnett,North Carolina,DO I'ERE8Y CERTIFY that the foregoing is a true and exact copy of a resolution entitled "RFSOIA.TlON OF THE BOA RD OF COMMISsrON ERS OF THE COUNTY OF U.slerETr•. NORTH • CAROLINA.APPROVING AN INSTALLMENT FINANCING CONTRACT AND A DEED OF TRUST.LEASE AND AGENCY AGREE.NENT WITH RF-SPELT THERETO AND DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS" adopted by the Board of Commissioners of the County of Harnett,North Carolina at a meeting held on the 21'day of April,2008_ WJTNFSY my hand and the corporate seal of the County of'liftmen.North Carolina,this the 21st day of April,2008. F„1Y5 Bt_snCI IARD Clc-rk to the Board • County of Harnett..Noah Carolina 739 Attachment 3A , Resolution Approving Financing Terms WHEN E A& The Ihirnett County("County'')has previously deten:tined to undertake a project for a new Elementary School Project,and the Finance Officer has now presented a proposal for the financing of such Project. RE IT THEREFORE RESOLVED,as follows: S I. The County hereby determines to finance the Project through Branch Banking and Trust Company ("BUT"). io accordance with the proposal dated April 10. 2008. The amount financed shall not trceed S15,000,000,00,the annual interest rate(in the absence of default or change in Lax status)shall not exceed 4.17%, and the financing term shall not exceed twenty(20)yeurs from closing. All financing contracts and all related documents for the closing of the financing(the"Financing Documents") shall be consistent with the foregoing terms. Ail officers and employees of the County are hereby authorized and directed to execute and deliver any Financing Documents,and to take all such further action as they may consider necessary or denirablc,to carry out the financing of the Project as contemplated by the proposal and this resolution_ The Financing Documents shall include a Financing Agreement and Deed of Trust and a Project Fund Apt eemrnt as BB&T may request. 3. The Finance Officer is hereby authorized and directed to hold executed copies of the Financing Documents until the conditions for the delivery of the Financing Documents have been completed to such officer's satisfaction,The Finance Officer is authorized to approve changes to any Financing Documents previously signed by County officers Of employees,provided that such changes shall not substantially alter the intent of such documents or certificates from the intent expressed in the fauns executed by such officers.The Financing Document shall be in such final forms as the Pittance Officer shall approve,with the Finance Officer's release of any Financing Document for delivery constituting conclusive evidence of such officer's final approval of the Document's final form. 4. The County shall not take nr omit to take any action the taking or omission of which shall+muse its interest payments on this financing to be includable in the gross income for federal income tax purposes of the registered owners of the interest payment obligations. • 5. The County Intends that the adoption of this rosaluuion will be a declaration of the County's official intent to reimburse expenditures for the project that is to be financed from the proceeds of the I3BRT financing described above. The County intends that funds that have been advanced,or that may be advanced,from the County's general fund,or any other County fund related In the project,for project costs may he reimbursed from the financing proceeds. • ti. All prior actions of County officers in hutherancc of the purposes of this resolution are hereby ratified,approved and confirmed All other resolutions(or parts thereof)in conflict with this resolution are hereby repealed,to the extent of the conflict. This resolution shall take effect immediately. III Approved this J day2 . PPr .,�1 � of ��I't� __ ,_008. By: • _ _ • Title: 'Tide: itle,- flog- -1_"' SEAL, Attachment 4 Changoo in Fund Balance-General Fund --4 i:-',:: Fiscal Year 2007-2008 Harriett As or April 7,2008 CUUN it Original Budgeted Fund Balance Appropriated: E 3,265,013D Changes to Fund Balance from prior amendments: 3 863,507 Budget Amount of Amendment hicr.=aei Number Approval Date Department I (Decrease) Description To(Aerie-e Fund Balance Appropriated to budget Son -Gear y's►a e'match and ID budget me romrinng grant hold.:ter the 2007 Edward Blme Jusye Aysctn ce Sisr:ifs Grant Thew funds ..ill be, used to purchase mmrr 32e April 7_2CCB Department Grant 3 I.34_0 radon. S 62.000 nandine.a S To uncrease Fund Balance .apWOptalod to budget ddgior of funds needed due to In e a rr,g coat Cl' 343 PFri17..2Sx8 t To increase Fund ttatance Appropcntod 10 budget t:oeperaperativer add'oorrel funds needed for grass Bond and lino at the 357 di ra 7,2006 Eclonsian 3 5.000 County Facgrcungi To iroreazo Fund Balance ,',pprornaled to budget addCooe' '.tardy rented Far the ReW gas DUMRn eyntrm. These funds an.requested duo to adaniraral nonvrare upgracir and rosured equipment diet have 353 April 7.2003 General Services 5 4.000 been derddoped since cur rrinea]quote. Changes to Fund Balance acts period: E 72,340 Year-to-Data Fund Balance Appropriated: 3 4,200,647 • 740 • •,,rY°° "a t Infra-Departmental Budget Amendments -•4 Fiscal Year 2007-2008 Harnett As of April 7,2008 COUNTY Budget Amendment Department Account Increase Data Number Department Code Description (Decrease) Msrch 2.1.2008 321 Aging-CAP. t 10-75r-4-t41 58.01 Tratr:inp&r lt:etrngs .g 52; 110-7550-441.55-14 Travel Administration 3 8gt 110.7550-441.60-33 Materiels 8 Supplies $ (1,374 Mach 24,2008 324 Legal Services 110-4155.410.3345 Contracted Services $ 2: I 110-4155-410.50-33 Materials 8.Supehee g {2: r III Shentf- Merch 24,2308 326 Communications 110-M-420,41.11 Telecommunication&Postale S 2,600 110-5110-420.60.35 Uniforms $ (1,000 110.5110-420.55-12 Printing&Binding $ (1,000 110 5710 220.54-20 Advertising $ (60C March 26,20.08 - 328 Animal Control 110-55130-420.80413 Medical Supplies 3 (300 110-5500-420.60-36 Uniforms $ 300 March 213,2008 330 Health 110-7000-441.41-11 Telecommunication&Postage $ (2,500 110-7800-441.40-33 Materials&Supplies $ 2,500 March 26,2008 331 Health 110-7600-441.43-16 Maintenance&Repair S (75: 110-4600-441.60-57 Miscellaneous Expense $ 75 March 25, 2008 332 EMS 1 1 0-5-463 420.74-75 Leese Expense 3 (1,5371 110-5400-423.75-117 Lease Expense-Interest $ 1,537 March 26.2608 ' 333 EMS 110.5400-420.74-75 Lease Expense $ (1,4751 110-5400-420.75-10 Lease Expense.Interest S 1,475 March 26,2008 334 Parka&Recreation 110-8200-450.74-74 . Capital Outlay-Equipment S 25,000 110.13200-450.74-75 Capital outlay-Lease 5 (25.0001 Harnett Regional' March 26.2008 335 jetport 110-6500-406 60-31 Gas,Oil&Auto Supplies $ 1,200 Maintenance_&Repair- 110-8500-406.43-15 Building $ (1,000) 110.6500-406.52-54 insurance&Bonds $ (200) Harnett Regional 1 March 26,2008 335 Jetport 110-6500-405.58-14 Traver 8Meetings S 1,000 11D-5500-406.60-33 Rtateriars 8 Supplies $ (1,0001 Pr ties- • March 26.2008 337 INa[eater Treatment 531-3015-431 34-04 Analysis Farts 5 (7,500) 531-S01S-431 5020 Lab Suppll6S $ 7,500 • 7.7:':-;'r.'j infra-Departmental Budget Amendments i-- Al Fiscal Year 2007-2008 Harnett As or Apr))7,2008 COUNT ? Budget Amendment - Department Account Increase Date Number Department Code Description (Decrease) March 26,2008 338 Solid Waste 580-e5 0-461.80-57 .Miscellaneous Expense 3 1100 560-0000-461_44-21 Building&Equipment Rent S 100 Sheriff- Mar.h 20-2008 339 Communications _ 1 TO-5110-020.74-74 Capital Outlay $ (19,500) 110-5110--120.30-04 Professional Services 3. 19,500 March 20,2008 340 IT 110-4900-410.30-04 Professional Services S 15,000 110-4900-410.64-27 Property Tay $ 110-4900-410.44.21 Building 8 Equipment Rent $ 414,000,1.1 March 26,2008 341 Finance 110-4400-4 r0 60-53 Dues 8.Subscriptions $ 71 110-4400--a10.84-25 Printing&Binding S 471) April 3, 200+a 342 Sheriff 110-5r40-420:43-21 Maintenance&Re pair S (70,000) t 10-3100.420.41-71 Telecommunication&Postage $ 10,000 April 3,2008 344 Health 110.7600-141.44-21 Building 8 Equipment Rent S 275 110-7500-441.58-01 Training 8 Meetings S (275) - April 3,2008 34.6 Jail 110-5120-420.60-30 Laundry&Dry Cleaning S 4,500 110-5120-120.54-28 Advertising $ (400) 110-5120-420.55-12 Printing R Binding $ (500) 411 7 70-5120-420.50-01 Trainng S Meetings 3 11,000) 110-5120-420.6036 Uniforms 3 (2.000) 110-5120-420_80-53 Dues 8 Subscriptions S (3001 110-5120-420.60 57 Miscellaneous Expense $ (3C0) April 3,2008 353 Planning 110-7200-465.55-12 Printing 8 Biding S (500J 110-7200-465.60-53 Dues&Subscriptions S (1,000) I110-7200-465 54-26 Advertising S 1,500 ,fibril 3,2008 Aging-Family 355 Caregiver Support t10-7501-141 54-26 Advertising $ 1145) 110-7501-441 58.01 Training&tdeetrrgs 3 145 April 3.2C08 356 Sheriff 110-5100-420.74a6 Lease-Other Financing Uses $ (52,000) f 110-5100.420.74-70 J Lease-Non Caoifehzcol $ 52.OCO • 741 Harnett County of Harnett • . C 0 It N T Y Cash Investment Position - March 31.2008 General Fund Ccntura Bank Checking Account $ [637.173 9*t Ccntura Burk Lockboc for T.rc 19_1197.431 N.C.Cash Managcu;cnt Trust I5_466.34I,tt9 N.C Cush hlrnmgcment Tuts!-Capital Reserve $17.28759 Callum Bank-A.J.8c Reba White Fund 1 I,738.t3U Branch Bunk&Trust thkonei'Mlarkct} 321_-469.55 S Ccntura Bank-Sheriff's Executions Account 311.771.E✓.: Ccntura Bank-Money Market 9 t3.3ti5.t8 Debt Accounts 205.410.59 Total Cash in Bank S I6:B91.165.15 Public Utilities Fund Ccntura Bank Checking AtXount S 1175,233.43 Ccit[ura Bank 1.ockbos for Utilitic5 (12,252.63) N.C.Cash Management Trust J74,895.52 NIA Accounts 13.1,289.12 Total Cash in Ban[: S 4,572,215.19 Solid Waste%ianagemcnt Fund CentUta Bank Chocking Account $ (200.323.45) N.C.Cash hlanagcurcnt Trust 450,974.16 Suntrurt Batik Savings 239.976.45 First Batik Savings 278,043,23 Branch Batik&Trust Savings 993 950_72 Debt Accounts 148.39 Total Cash In Bank S, 1,761,764.55 Debt Service Reserve Schools COPS Ccntura Bank Chocking Account 5 1,12L375.66 Brinell Bank de Trust Savtngs S =.145,509,34 Total Cash in Bank S 4,266,385.56 Harnett Memorial Fund Cetit 1r<I dank Checking AccountS 2-1130.1ki Total Cash in Bank S 2,1130.131 • -*Harnett county of Harnett • - - - c o u N r r_ Cash Investment Position tM1arch 3I,2008 Automation Enhancement Fund Ccntura Bank Chocking Account S 121.765.32 Total Cash in Bank S 121,765.82 Housing S Urban Development Fund Ceruuta Bank Ch ckiag Account 5 230,300.08 Total Cash in Bank S 256.360.118 Emergency Telephone System Ccntura Bank Chtxking Account S 052_862.65 Tutul Cash in Bank S 652,862.68 Special Districts Fund Ccntura Bank Chocking Accawu S 741,221.53 Total Cash in Bank S 741,221.54 Concealed Weapon Fund Ccntura Bank Clucking Account 5 8.901_07 • • Total Casts In Bank $ 8,901.07 Abandoned Manufacturing Home Project Fund Ccntura Bank Clucking Acuoant S 18.8.145_88 Total Cash in Bank S 18.846.88 Emergency Response Planning Cenwrt Bank Checking Account S 5;_275.28 Total Cash in Bank S 54.275_28 742 Ha rnett County of Harnett C.{l U. N T r Cash Investment Position March 31,2008 Workers'Compensation Fund , Cerium Bank Cliccking Account $ 362.627 S6 Total Cash hi Bank S 362,627.566 Group Insurance Centura Bank Checking Account S (48.402.66) Total Cash in Bank S (49,402.66) • Capital Projects Accounts Investments $ 24,591,.190.76 Centura Bank Checking Account 2.476.428.34 Total Cash in Bank S 27,069,619.10 Payroll Clearing Account Cenntrn Bank Checking Account $ R91_105.81 Total Cash in Bank S ti91 505.81 DSS Trust Account Centura Bank Checking Account `.L 93,343.41 Total Cash in Bank S 93.345.41 Tax Collection Agency Fund Centura Bank Checking Account S 90.349.36 Total Cash in Bank 3 90,349.36 State Motor Vehicle Tax Fund Century Bank Checking Account S $3.8I Total Cash in Bank 5 83.81 •