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HomeMy WebLinkAbout101915mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting October 19, 2015 The Harnett County Board of Commissioners met in regular session on Monday, October 19, 2015, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Jim Burgin, Chairman Gordon Springle, Vice Chairman Abe Elmore, Commissioner Barbara McKoy, Commissioner Joe Miller, Commissioner Joseph Jeffries, County Manager Paula Stewart, Deputy County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Chairman Burgin called the meeting to order at 7:00 pm. Commissioner Elmore led the pledge of allegiance and invocation. Chairman Burgin called for additions and deletions to the published agenda. Commissioner Elmore moved to approve the agenda as presented. Vice Chairman Springle seconded the motion which passed unanimously. Commissioner Elmore moved to approve the following items listed on the consent agenda. Commissioner Miller seconded the motion which passed unanimously. 1. Minutes: October 5, 2015 Regular Meeting 2. Budget Amendments: 96 Health Department Code 110-7600-441.11-00 110-7600-441.21-00 110-7600-441.21-05 110-7600-441.22-00 110-7600-441.23-00 110-7600-441.25-10 110-7600-441.26-08 110-7600-441.58-14 110-7600-441.60-33 110-7600-441.60-46 110-0000-331.76-32 Salaries & Wages Group Insurance Employee Clinic FICA Retirement Unemployment Worker's Comp Travel Materials & Supplies Medical Supplies 613 Ebola Preparedness & Response 6,700 increase 1,044 increase 52 increase 508 increase 478 increase 66 increase 152 increase 200 increase 8,300 increase 2,500 increase 20,000 increase October 19, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 7 99 Wings Over Harnett Code 212-6500-406.54-26 212-6500-406.60-33 212-0000-322.65-01 101 School Project CP1502 Code 309-8300-480.32-06 309-8300-480.36-10 309-8300-480.36-11 309-8300-480.32-93 309-8300-480.32-91 309-8300-480.32-45 309-8300-480.32-23 309-8300-480.32-94 309-8300-480.60-33 309-0000-314.50-00 309-0000-361.10-00 Advertising 125 increase Materials & Supplies 450 increase Airport/Wings Over Harnett 575 increase Fund 309 OSCB Roofing Project Star Academy 3,715 decrease Harnett Primary 3,805 decrease Highland Elementary 12,039 decrease Overhills Middle School 24,497 decrease North Harnett Primary School 56,738 decrease Dunn Middle School 49,774 decrease Anderson Creek 16,384 increase South Harnett 71,804 increase Materials & Supplies 83,270 increase Sales Tax 20,766 increase Interest 124 increase 102 JCPC Programs Code 110-5899-420.32-82 Return of Unspent Grant Funds 110-0000-399.00-00 Fund Balance Appropriated 103 Health Department Code 110-7600-441.33-50 Contracts 110-7600-441.60-47 Food & Provisions 110-0000-345.10-12 Medicaid Cost Settlement 104 Health Department Code 110-7600-441.55-12 110-7600-441.60-46 110-7600-441.60-46 110-0000-334.76-12 110-0000-331.76-12 107 PU1501 42 MGD Water Code 545-9100-431.45-42 545-9100-431.45-80 108 Health Department Code 110-7600-441.60-33 110-0000-331.76-18 3,212 increase 3,212 increase 52,142 increase 1,000 increase 53,142 increase Printing 500 increase Medical Supplies 1,500 increase Medical Supplies 2,652 decrease STD Prevention 2,000 increase Family Planning 2,652 decrease Plant Expansion Capital Project Temple Grading 6,084 increase Contingency 6,084 decrease Materials & Supplies Summer Food Service Program 298 increase 298 increase 110 Cooperative Extension Adolescent Parenting Program Code 110-7310-465.33-45 Contracted Services 4,019 increase 110-0000-353.73-10 Contribution & Donation (Ag Foundation) 4,019 increase October 19, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 7 111 Emergency Services & Code 110-5300-420.36-14 110-5400-420.11-00 110-5400-420.21-00 110-5400-420.21-05 110-5400-420.22-00 110-5400-420.23-00 110-5400-420.23-01 110-5400-420.25-10 110-5400-420.26-08 110-0000-399.00-00 Emergency Medical Emergency Services - Specialty Teams Emergency Medical - Salaries & Wages Group Insurance Employee Clinic FICA Retirement Supplemental Retirement Unemployment Worker's Compensation Fund Balance Appropriated 112 Sheriff's Office Code 110-5100-420.11-00 110-5100-420.21-00 110-5100-420.21-05 110-5100-420.22-00 110-5100-420.23-02 110-5100-420.23-05 110-5100-420.25-10 110-5100-420.26-08 110-5100-420.74-74 110-5100-420.60-36 110-5100-420.60-29 110-0000-399.00-00 Salaries & Wages Group Insurance Employee Clinic FICA LEO Retirement LEO Supplemental Retirement Unemployment Benefits Worker's Compensation Capital Outlay Uniforms Weapons Fund Balance Appropriated 113 Public Utilities Code 531-9000-431.11-00 Salaries & Wages 531-9000-431.11-11 Car Allowance 531-9000-431.30-22 Indirect Cost 114 Engineerin41 Derartment Code 110-4180-410.11-00 110-4180-410.11-11 110-4180-410.11-14 110-4180-410.21-00 110-4180-410.21-05 110-4180-410.22-00 110-4180-410.23-00 110-4180-410.23-01 110-4180-410.25-10 110-4180-410.26-08 110-4180-410.32-22 Salaries & Wages Car Allowance Longevity Group Insurance Employee Clinic FICA Retirement Supplemental Retirement Unemployment Worker's Compensation Indirect Cost 10,000 increase 91,590 increase 14,346 increase 600 increase 7,007 increase 6,475 increase 1,832 increase 916 increase 6,649 increase 139,415 increase 114,082 increase 19,296 increase 800 increase 8,727 increase 8,305 increase 5,704 increase 1,141 increase 7,487 increase 94,000 increase 8,000 increase 8,000 increase 275,542 increase 27,355 increase 960 increase 28,315 decrease 21,753 decrease 80 decrease 218 decrease 1,475 decrease 60 decrease 1,687 decrease 1,559 decrease 435 decrease 218 decrease 830 decrease 28,315 increase October 19, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 7 115 School Project CP1502 Fund 309 OSCB Roofing Project Code 309-8300-480.36-10 Harnett Primary 309-8300-480.32-91 North Harnett Primary School 309-8300-480.36-08 Harnett Central High 309-8300-480.32-94 South Harnett 309-8300-480.60-33 Materials & Supplies 309-0000-314.50-00 Sales Tax 309-0000-361.10-00 Interest 116 Cooperative Extension -Race to the Top Code 110-7326-465.11-00 Economic & Physical Dev / Salaries & Wages 110-7326-465.21-05 Employee Clinic 110-7326-465.23-00 Economic & Physical Dev / Regular Retirement 110-7326-465.23-01 Regular Retirement / Supplemental Retirement Training & Meetings Travel Admin Materials & Supplies Race to the Top 110-7326-465.58-01 110-7326-465.58-14 110-7326-465.60-33 110-0000-331.73-26 3. Resolutions to add roads to state system (Attachment 1 & 2) 1,550 increase 14,836 decrease 2,262 decrease 10,830 decrease 237,645 increase 210,801 increase 466 increase 11,545 decrease 300 decrease 2,270 decrease 642 decrease 500 increase 1,200 increase 1,512 increase 11,545 decrease 4. Harnett County Emergency Services, on behalf of Angier & Black River Fire Department, requested permission to spend $42,496.41 from their current year budget to purchase a new Self -Contained Air Compressor. The department's current compressor is aging and has to be serviced often costing over $2,000 yearly. 5. Harnett County Cooperative Extension requested permission to accept an anonymous donation from the NC Agricultural Foundation in the amount of $4,019 for the support of the Parents As Teachers Program. 6. Harnett County Tax Department requested approval to bar off the system a total of $111,842.10 of outstanding property taxes from 2005 year, including all taxes and other costs. Note that approximately 76% of these taxes are on DMV while the other 24% is on real and personal property. Much of the delinquency on DMV is due to such things as the owner passing away, moving out of state, or being in the military. Much of the delinquency on real and personal property is due to bankruptcy, heir property, and unknown owner property. The Tax Department is continuing efforts to collect delinquent taxes by wage garnishment, bank attachment, sheriff's executions, other County certifications, foreclosure and debt set-off. 7. Harnett County Senior Staff Attorney requested approval of the Moore County Water Capacity Purchase Settlement Agreement and Release. October 19, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 7 8. Harnett County General Services requested approval of the revised Harnett Area Transit System's Safety System Program Plan (SSPP). The plan provides a framework for the implementation of transit system safety policies, the achievement of related goals and objectives, and to satisfy both federal and state requirements mandated by the Federal Transit Administration Moving Ahead for Progress in the 21st Century (MAP -21) program. 9. Harnett County Sheriff's Office requested approval of resolution to award Dean Nelson Hewitt his Glock Model 22 40cal service weapon (Serial # BVW821) upon his retirement in November 2015. (Attachment 3) 10. Resolution of the County of Harnett Approving an Amendment to an Installment Financing Contract (Attachment 4) 11. Approval of revised Harnett County Personnel Ordinance effective January 1, 2016 Period of up to 30 minutes for informal comments allowing 3 minutes for each presentation - Kris Nystrom of 391 Center Lane in Bunnlevel said we live in trying times, a lot of dangers abound, and a prudent person keeps their wits about them, doesn't look for trouble and they stay armed. He said he is thankful daily that we have people like Sheriff Rollins who understands that their deputies can't be everywhere at once. He said he is thankful that we have a relatively sensible hand gun program that trusts its citizens and then listed changes he would like to see regarding options to carry. There were no appointments. Vice Chairman Springle asked about the possibility of combining the Adult Care Home Community Advisory Committee and Harnett Nursing Home Community Advisory Committee. Staff will follow-up with Mid -Carolina Council of Government who administers the two committees on behalf of the County. Commissioner Miller will talk to the Good Hope representatives regarding the current vacancy on the Sandhills Center Board of Directors. Planning Services Director Mark Locklear petitioned the board for a public hearing regarding proposed text amendments — Primitive Campground — Applicant: Ilia Smirnov. Mr. Locklear noted this proposed text amendment was a citizen request for a general "primitive campground". The applicant and staff worked together to formulate these basic regulations, therefore staff recommends approval. Harnett County Unified Development Ordinance - Article V (Use Regulations) Section 7.3.4 (Recreational Vehicle Park) - Article V (Use Regulations) Section 1.2 (Tables of Use Types & Regulations) - Article XIV (Definitions & Certifications) Section 2.2 (General Definitions) Mr. Locklear noted, after discussion and a few suggested changes, on October 5, 2015 the Harnett County Planning Board voted unanimously (4 — 0) to recommend approval of this proposed text amendment. Mr. Locklear reviewed the proposed changes. October 19, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 7 Regarding the requirement that adequate restroom facilities must be provided, Commissioner Miller asked if that would include running water for bathrooms and showers. Mr. Locklear was unsure but said the Board of Adjustment would take that into account when it goes through the conditional use process and it still must be approved by the Health Department. Chairman Burgin called to order a public hearing on the matter and opened the meeting for comments from the public. - Ilia Smirnov, the applicant, spoke in favor of the proposed text amendments. Mr. Smirnov, who owns Cape Fear Adventures, would like for people to be able to camp closer to the river. He responded his intent is to put the primitive campground north side of the Cape Fear River, past Keith Hill, about 4 miles downstream from Lillington. Seeing no one else move Chairman Burgin closed the public hearing. Vice Chairman Springle moved to approve the text amendments as requested. Commissioner Elmore seconded the motion which passed unanimously. (Attachment 5) General Services Director Barry Blevins petitioned the board for a public hearing on FY 17 Community Transportation Program Application (HARTS) to be submitted to the North Carolina Department of Transportation, Public Transportation Division (NCDOT/PTD). Mr. Blevins noted they would request a separate public hearing in November for the 5310 funding. The total estimated requested for the period July 1, 2016 through June 30, 2017: Administrative $275,446 with local share $41,317 Capital (Vehicle & Other) $56,500 with local share $5,650 Total Project $331,946 with total local share $46,967 Specifically, the Section 5311 program intends to enhance the access of people in non -urbanized areas to health care, shopping, education, employment, public services and recreation. Section 5311 assists in the maintenance, development, improvement and use of public transportation systems in non -urbanized areas. Chairman Burgin called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move Chairman Burgin closed the public hearing. Vice Chairman Springle moved to approve the application to apply for FY 17 Community Transportation Program funding (5311), which requires matching funds in the amount of $46,967, and approval of a resolution to apply, enter an agreement with NCDOT and provide necessary assurances and required match. Commissioner Elmore seconded the motion which passed unanimously. (Attachment 6) Commissioners thanked Mr. Blevins, staff and volunteers for the wonderful job they did with Wings Over Harnett. Mr. Jeffries presented the following reports: - Public Health Activities Summary — September 2015 - Veteran Affairs Activities Reporting — September 2015 - Harnett County Planning Services Report — September 2015 - Good Hope Hospital, Inc. balance sheet as of September 30, 2015 - Interdepartmental budget amendments October 19, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 7 Mr. Jeffries reported that the RFQ for the realtor for Brightwater had been posted. Mr. Jeffries also announced Harnett County Partnership for Children's upcoming fundraiser "Hoops for Harnett" as one of the commissioners will be participating in the game. Human Resources Director John Rankins and Senior Staff Attorney Monica Jackson introduced and thanked Campbell intern Justin Bradley. They said they could not have completed the revised Harnett County Personnel Ordinance without Justin's help this summer. Chairman Burgin called for any new business. Commissioner Miller congratulated the new Montessori School who is now open for business. He thanked the Planning Department for assisting the school. There was no need for a closed session. Commissioner Elmore moved that the meeting adjourn at 7:30 pm. Vice Chairman Springle seco ed the motion which passed unanimously. et Regina eeler, Clerk • October 19, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 7 of 7 ATTACHMENT 1 Harnett COUNTY NORTH CAROLINA 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 State's Secondary Road System the below listed street. Bennett Place Subdivision Natures Way Beaver Creek Drive Duly adopted this 19th day of October, 2015. HARNETT COUNTY BOARD OF COMMISSIONERS ATTEST: Marga et Regina Cler14 the Board eeler strong roots • new growth Burgin, rman www.harnett.org r Harnett COUNTY ATTACHMENT 2 NORTH CAROLINA 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 State's Secondary Road System the below listed street. Gatewest Subdivision Gatewest Drive Remington Hill Drive Mossburg Court Duly adopted this 19th day of October, 2015. HARNETT COUNTY BOARD OF COMMISSIONERS Marga t Regina '. eler Clerk • the Board strong roots • new growth www.harnett.org NORTH CAROLINA HARNETT COUNTY RESOLUTION ATTACHMENT 3 THAT, WHEREAS, Dean Nelson Hewitt, began his Harnett County Law Enforcement career on January 1, 2010; and WHEREAS, after five years of distinguished service to Harnett County, Dean Nelson Hewitt will resign; and WHEREAS, according to North Carolina General Statute 14-402 and 14-409.1, proper permits have been obtained (as attached) in order to receive the side arm. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that Dean Nelson Hewitt be awarded the following service side arm for one dollar ($1.00). Glock Model 22 Serial Number BVW821. Duly adopted this 1944' day of Oc40 er , 20 15 . HARNETT COUNTY BOARD OF COMMISSIONERS AT ST at Clerk o the Board ATTACHMENT 4 EXTRACTS FROM MINUTES OF '1'III BOARD OF COMIVIISSIONERS A regular meeting of the Board of Commissioners (the "Board") of the County of Harnett, North Carolina (the "County") was held on Monday, October 19, 2015, at 7:00 p.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, Jim Burgin, Chairman of the Board presiding and the following Commissioners present: Jim Burgin, Chairman Gordon Springle, Vice Chairman Abe Elmore, Commissioner Barbara McKoy, Commissioner Joe Miller, Commissioner Commissioners Absent:N/A Also Present: Joseph Jeffries, County Manager Paula Stewart, Deputy County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk * * * Commissioner Elmore introduced the following resolution, a summary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board and which was read by title: A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, APPROVING AN AMENDMENT TO AN INSTALLMENT FINANCING CONTRACT WHEREAS, the County of Harnett, North Carolina (the "County") is a duly and regularly created, organized and 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 previously entered into an Installment Financing Contract dated as of November 1, 2012 (the "2012 Contract") between the County and Harnett County Public Facilities Corporation (the "Corporation"); WHEREAS, pursuant to an Indenture of Trust dated as of November 1, 2015 (the "Indenture") between the Corporation and U.S. Bank National Association, as trustee (the "Trustee"), the Corporation executed and delivered (1) its $1,105,000 Limited Obligation Bonds (County of Harnett, North Carolina), Series 2012A, of which $555,000 remain outstanding (the "2012A Bonds"), and (2) its $29,435,000 Taxable Limited Obligation Bonds (County of Harnett, North Carolina, Qualified School Construction Bonds), Series 2012B, all of which remains outstanding (the "2012B Bonds," and together with the 2012A Bonds, the "2012 Bonds"), each evidencing proportionate undivided interests in rights to receive certain revenues under the 2012 Contract; PPAB 2870735v1 WHEREAS, proceeds of the 2012 Bonds remain unspent, and the County wishes to expend such funds on certain improvements and repairs to various public school facilities located within the County, including roof, HVAC and alarm system improvements, all of which constitute qualified purposes under Section 54F of the Internal Revenue Code of 1986, as amended (the "Code"); WHEREAS, to do so, the County wishes to amend the 2012 Contract so as to expand the defmition of "Project' thereunder as permitted under Section 9.04 of the Indenture; WHEREAS, there has been presented to the Board of Commissioners of the County (the "Board") the form of an Amendment Number One to the Installment Financing Contract dated as of October 1, 2015 (the "Contract Amendment") between the County and the Corporation, which the County proposes to approve, enter into and deliver, to expand the term "Project as defined in the 2012 Contract; and WHEREAS, it appears that the Contract Amendment is in appropriate form and is an appropriate instrument for the purposes intended; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS: Section 1. Ratification of Prior Actions. All actions of the County, the Chairman, the County Manager, the Finance Officer, the Deputy Finance Officer and the Clerk to the Board and their respective designees in effectuating the proposed expansion of the Projects financed with proceeds of the 2012 Contract are hereby approved, ratified and authorized pursuant to and in accordance with the transactions contemplated by the Contract Amendment. Section 2. Approval, Authorization and Execution of Contract Amendment. The form, terms and content of the Contract Amendment are in all respects authorized, approved and confirmed. The Chairman, the County Manager, the Finance Officer and the Clerk to the Board are authorized, empowered and directed, individually and collectively, to execute and deliver the Contract Amendment for and on behalf of the County, including necessary counterparts, in substantially the form presented to the Board, 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 the Board's approval of any and all such changes, modifications, additions or deletions. From and after the execution and delivery of the Contract Amendment, the Chairman, the County Manager, the Finance Officer, the Deputy Finance Officer and the Clerk to the Board (collectively, the "Authorized Officers") are hereby authorized, empowered and directed, individually and collectively, 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 Amendment as executed. Section 3. Further Actions. Each Authorized Officer is hereby designated as a County representative to act on behalf of the County in connection with the transactions contemplated by the Contract Amendment, and the Authorized Officers are authorized, individually and collectively, 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 Authorized Officers are hereby authorized, individually and collectively, to designate one or more employees of the County to take all actions that they are authorized to perform under this Resolution. The Authorized Officers are authorized, individually and collectively, to execute and deliver for and on behalf of the County any and all additional certificates, documents, opinions or other papers and perform all other acts as may be required by the Contract Amendment or as they may deem necessary or appropriate to implement and carry out the intent and purposes of this Resolution. 2 PPAB 2870735v1 Section 4. Repealer. All motions, orders, resolutions and parts thereof in conflict with this Resolution are hereby repealed. Section 5. Severability. If any section, phrase or provision of this Resolution is for any reason declared to be invalid, such declaration will not affect the validity of the remainder of the sections, phrases or provisions of this Resolution. Section 6. Effective Date. This Resolution is effective on the date of its adoption. On motion of Commissioner Elmore, seconded by Commissioner Miller, the foregoing resolution entitled "A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, APPROVING AN AMENDMENT TO AN INSTALLMENT FINANCING CONTRACT" was duly adopted by the following vote: AYES: 5 NAYS: 0 3 PPAB 2870735v1 STATE OF NORTH CAROLINA COUNTY OF HARNETT ) ) SS: I, MARGARET REGINA WHEELER, Clerk to the Board of Commissioners of the County of Harnett, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled "A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, APPROVING AN AMENDMENT TO AN INSTALLMENT FINANCING CONTRACT" adopted by the Board of Commissioners of the County of Harnett, North Carolina, at a meeting held on the 19th day of October, 2015. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the ) 449 day of October, 2015. PPAB 2870'735v1 MAR ' T REGINA HEELER Cler �(. the Board County of Harnett, North Carolina AMENDMENT NUMBER ONE TO THE INSTALLMENT PURCHASE CONTRACT THIS AMENDMENT NUMBER ONE TO THE INSTALLMENT FINANCING CONTRACT dated as of October 1, 2015 (the "First Contract Amendment") between HARNETT COUNTY PUBLIC FACILITIES CORPORATION, a nonprofit corporation duly created and existing under the laws of the State of North Carolina (the "Corporation"), and the COUNTY OF HARNETT, NORTH CAROLINA, a political subdivision duly organized under the laws of the State of North Carolina (the "County"); WITNESSETH: WHEREAS, the Corporation and the County previously entered into an Installment Financing Contract dated as of November 1, 2015 (the "2012 Contract"); WHEREAS, pursuant to an Indenture of Trust dated as of November 1, 2015 (the "Indenture") between the Corporation and U.S. Bank National Association, as trustee (the "Trustee"), the Corporation executed and delivered (1) its $1,105,000 Limited Obligation Bonds (County of Harnett, North Carolina), Series 2012A, of which $555,000 remain outstanding (the "2012A Bonds"), and (2) its $29,435,000 Taxable Limited Obligation Bonds (County of Harnett, North Carolina, Qualified School Construction Bonds), Series 2012B, all of which remains outstanding (the "2012B Bonds," and together with the 2012A Bonds, the "2012 Bonds"); each evidencing proportionate undivided interests in rights to receive certain Revenues under the 2012 Contract; WHEREAS, proceeds of the 2012 Bonds remain unspent, and the County wishes to expend such funds on various improvements and repairs constituting qualified purposes under Section 54F of the Code; WHEREAS, to do so, the County wishes to amend the 2012 Contract so as to expand the definition of "Project" thereunder as permitted under Section 9.04 of the Indenture; NOW, THEREFORE, THIS AMENDMENT NUMBER ONE TO THE INSTALLMENT FINANCING CONTRACT WITNESSETH: Section 1. Amendments to Article L The following definition set forth in Article I of the 2012 Contract is amended to read as follows: "Project" means, collectively, (1) the acquisition, construction, equipping and furnishing of a new Highland Middle School and (2) certain improvements and repairs to various public school facilities located within the County, including roof, HVAC and alarm system improvements. Section 2. Effect of Amendment: Except as expressly amended by this First Contract Amendment, the terms of the 2012 Contract shall remain unchanged and in full force and effect. Section 3. Miscellaneous. Each capitalized term used but not otherwise defined herein has the meaning given to such term in the 2012 Contract. This First Contract Amendment (a) may be executed in any number of counterparts, each of which is an original and all of which constitute but one and the same instrument, and (b) is to be construed, interpreted and enforced in accordance with the laws of the State of North Carolina. PPAB 2870464v2 IN WITNESS WHEREOF, the Corporation and the County have caused this First Contract Amendment to be executed in their respective names by their duly authorized officials or officers, all as of the date first above written. HARNETT COUNTY PUBLIC FACILITIES CORPORATION By: oseph resident [Signatures Continued on Following Pages] PPAB 2870464v2 [SEAL] Attest: [COUNTERPART SIGNATURE PAGE TO AMENDMENT NUMBER ONE TO THE INSTALLMENT FINANCING CONTRACT BETWEEN HARNETT COUNTY PUBLIC FACILITIES CORPORATION AND THE COUNTY OF HARNETT, NORTH CAROLINA] Mar Cle Regina to the Boar PPAB 2870464v2 eeler f Commissioners COUNTY OF HARNETT, NORTH CAROLINA By: roseph Jffrs County Manager [Signatures Continued on the Following Page] [COUNTERPART SIGNATURE PAGE TO AMENDMENT NUMBER ONE TO THE INSTALLMENT FINANCING CONTRACT BETWEEN HARNETT COUNTY PUBLIC FACILITIES CORPORATION AND THE COUNTY OF HARNETT, NORTH CAROLINA] Consented to and Accepted: U.S. BANK NATIONAL ASSOCIATION, as Trustee By: Shawna Hale Vice President PPAB 2870464v2 ATTACHMENT 5 Harnett COUNTY NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE www.harnett.org WHEREAS, the Board of Commissioners of Harnett County adopted the UDO on October 17, 2011 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-340; and WHEREAS, the UDO contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to the article of the UDO as listed below and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Article V "Use Regulations", Section 7.3.4 Recreational Campgrounds and Section 1.2 Table of Uses & Regulations, and Article XIV "Definitions & Certificates" Section 2.2 General Definitions of the UDO shall be amended to read as indicated in "Attachment". "Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board's Office. Duly adopted this 19t day of October, 2015 and effective upon adoption. RNETT COUNTY BOARD OF COMMISSIONERS strong roots • new growth Margaret Regina Wheeler, Clerk to the Board ATTACHMENT 1 Re: To establish use regulations for a Primitive Campground. ARTICLE V. USE REGULATIONS SECTION 7.3 LODGING SERVICES Z3.4 Recreational Campground General Requirements In districts which permit such activities the following shall apply: A. There shall be no permanent structures. excluding picnic shelters. erected within any area deemed "Flood Zone". "Wetland", or "Conservation Zone". B. Adequate restroom facilities must be provided for campers to maintain sanitary conditions in accordance with the requirements of the Harnett County Health Department. C. Installation and provision for water and sewage disposal shall be according to the standards of the Harnett County Department of Public Utilities and the Harnett County Health Department. D. An emergency plan must be submitted and approved by the Harnett County Development Review Board along with the Commercial Site Plan. E. Staff shall be on-site or available 24 hours a day to all campers. This contact information shall be posted on site. F. A campground shall not be utilized as permanent residence. G. The park owner shall keep all park owned facilities, spaces. improvements. equipment open space, recreational open space, and all common areas in good repair and maintained in such a manner as to prevent the accumulation or storage of material which would constitute a fire hazard or would cause insect or rodent breeding, and harborage. This includes providing receptacles for the disposal of trash. H. Prohibited Uses within any Recreational Campground Park 1. lunk Motor Vehicles 2. Storage of recreational vehicles. cars. boats. lumber, or other construction materials. Recreational Vehicle Campground A. All parks shall have a gross land area of at least three (3) acres. B. Size of Individual Recreational Vehicle Space Minimum Spice Size 1,000 sq ft Minimum Space Width 20 feet C. Recreational Vehicles shall be separated from each other and from other structures by at least 10 feet. No more than one (1) recreational vehicle may be parked on any one (1) space and shall not be permitted on lots other than those approved through these regulations. D. A recreational open space area will be developed and maintained that shall be located for safe and convenient access to all cambers and shall meet the following size requirements: Gross Land Area (Acres) Percentage of Recreational Open Space 7% 3.00-6.00 6.01-9.00 6% > 9.01 5% E. No recreational vehicle space within a park shall directly access a public right-of-way and such access shall be approved by the North Carolina Department of Transportation (NCDOT). Access to all campers and accessory structures within the campground shall be made using internal streets. F. Internal streets shall have a minimum width of 15 feet and shall be compacted and layered with four (4) inches of aggregate base course. Cul-de-sacs in a recreational vehicle park shall be limited to a maximum length of 500 feet and shall be provided with a permanent turnaround not less than 60 feet in diameter. All entrances in a recreational vehicle park shall be paved a minimum of 20 feet or to NCDOT Standards, whichever is greater. Maintenance of all internal streets and drainage facilities shall be the responsibility of the owner of the campground. G. Each recreational vehicle space shall have off-street parking for one (1) trailer and parking space for at least one (1) car. Each space shall be sited so that the parking, loading, or maneuvering of a recreational vehide shall not necessitate the use of any public right-of-way, sidewalk, or any private grounds not part of the park. H. Tent camping shall also be allowed in such campgrounds. Primitive Campground: A. Travel trailers, RV's, or any other form of mobile shelters shall not be allowed in areas intended for primitive camping. B. An adequate all weather access road must be provided in accordance with the Harnett County Unified Development Ordinance. C. No provision of utilities or "hookups" shall be constructed on site. ATTACHMENT 2 Re: To establish the definition of a Primitive Campground. ARTICLE XIV. DEFINITIONS & CERTIFICATIONS SECTION 2.2 GENERAL DEFINITIONS Primitive Campground A designated tent site of an undeveloped character, provided at carefully selected locations typically in forested areas. The campground will be located so as to accommodate the need for shelter in a manner that is least intrusive to the surrounding environment. These campgrounds shall be developed without hookups for water, power, sewage, or many of the other amenities found at developed campgrounds. ATTACHMENT 3 ADD or AMEND the following to Article V "Use Regulations" Harnett County Unified Development Ordinance Use Table 1.2 Table of Use Types & Regulations H • z 0 g 0 N IX i g PARKING Public LibraP ry Social Institutions Community & Civic Centers P Social Halls, Lodges, Fraternal Organizations, Clubs, & 1 P 1 P Similar Activities COMMERCIAL USES Existing Commercial Uses Applying for Permits to Expand Animal Services P P P _P P c,CC P 1 per 300 sq. 2 R Pl per 200 sq.'__.1._..2 ft. 1 3 C a 1 per 200 sq. ft c As required by 3 underling use I , Kennels, Boarding Stables, & Other Similar Regulated Land Uses C C c C 1 per employee C + 1 per kennel 3 or pen B Veterinarian Service, Indoor Veterinarian Service, with outdoor facilities Zoo & Petting Zoo Eating & Drinking Services C* C* P* P* P*C* C* P* C c* * C* c* C I C C* 1 per 300 sq. ft. 1 per 300 sq. ft 1 per 4 persons (at max capacityZ 3 B Bar, Tavern, & Entertainment Venue P* P* Restaurant .c** C* C* Lodging Services Bed & Breakfast 1 per 2 seats 1 per 4 seats + 1 per 2 employees A Boarding House Hotel or Motel Homeless Shelter Recreational Campground Offices, General c * P P 1 per room + 1 per employee * C* ' 1 per room + i 1 per emplo.yee 1 per room + 1 per 2 employees 3 3 C* 1 per 400 sq. ft. R R C* 1 per site Business Service Establishment P Offices (Business or Professional) Offices (Governmental) Personal Services Laundry Mat PI P P c c C 1 per 300 sq. 3 ft. 1 per 200 sq. 3 ft P C 1 C C 1 per 200 sq. ft Massae & Bodywork Sp12 or Thee Practice, Licensed P P P P* P* C e c C 1per 150sq. ft C*Y 3 per licensed * ` therapist ATTACHMENT 6 COMMUNITY TRANSPORTATION PROGRAM RESOLUTION Section 5311 FY 2017 RESOLUTION Applicant seeking permission to apply for Community Transportation Program funding, enter into agreement with the North Carolina Department of Transportation, provide the necessary assurances and the required focal match, A motion was made by (Board Members Name) V IC& ch r ma IA gr ori f•i • kand seconded by (Soar! Member's Name or WA, if not required) C PA vrk �S r o r,i• f i h' E-(r►.ry re for the o' '4, of the following resolution, and upon being put to a vote was duly adopted. WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for administering federal and state public transportation funds; and WHEREAS, the North Carolina Department of Transportation will apply for a grant from the US Department of Transportation, Federal Transit Administration and receives funds from the North Carolina General Assembly to provide assistance for rural public transportation projects; and WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the provision of rural public transportation services consistent with the policy requirements for planning, community and agency involvement, service design, service altematives, training and conference participation, reporting and other requirements (drug and alcohol testing policy and program, disadvantaged business enterprise program, and fully allocated costs analysis); and WHEREAS, County of Harnett hereby assures and certifies that it will provide the required local matching funds; that its staff has the technical capacity to implement and manage the project, prepare required reports, obtain required training, attend meetings and conferences; and agrees to comply with the federal and state statutes, regulations, executive orders, Section 5333 (b) Warranty, and all administrative requirements related to the applications made to and grants received from the Federal Transit Administration, as well as the provisions of Section 1001 of Title 18, U. S. C. NOW, THEREFORE, be it resolved that the Chairman of Harnett County Board of Commissioners is hereby authorized to submit a grant application for federal and state funding, make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide rural public transportation services. I Maraaret Rettlna Wheeler Clerk to the Board of Commissioners do hereby certify that the above is a true and correct copy of an excerpt from a minutes of a meeting of the Hamett County Board of Commissioners duly held on the ! q*h day of , 2015. leaill‘krA igna of Ca • ng at the authori Cierl 4-0446 oA v oI official, certifying official, and notary public should be three separate individuals. Seal Subscribed and sworn to me (date) IQ / ► Q / ct 0 1$ No -ry Public* Lac e. Se_ga,rS to E Fran+- 5+, L; Il " N C ,P 1S4iO Printed Name and Address My commission expires (date) c' / , S/,Roa 0