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WARREN COUNTY BOARD OF COMMISSIONERS January 4, 2010 9:30 am Public Hearing

WARREN COUNTY BOARD OF COMMISSIONERS January 4, 2010 9:30 am Public Hearing 9:45 am Public Hearing 10:00 AM – Regular Meeting WARREN COUNTY MEMORIAL LIBRARY COMMUNITY MEETING ROOM WARRENTON, NORTH CAROLINA. January 4, 2010 9:30 AM – Public Hearing. Amendments to 2008

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WARREN COUNTY BOARD OF COMMISSIONERS January 4, 2010 9:30 am Public Hearing

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  1. WARREN COUNTY BOARD OF COMMISSIONERS January 4, 2010 9:30 am Public Hearing 9:45 am Public Hearing 10:00 AM – Regular Meeting WARREN COUNTY MEMORIAL LIBRARY COMMUNITY MEETING ROOM WARRENTON, NORTH CAROLINA

  2. January 4, 20109:30 AM – Public Hearing Amendments to 2008 Community Development Block Grant (CDBG) Scattered Sites Project

  3. Public Hearing Agenda • Chairman call Public Hearing to Order • Clerk read Notice of Public Hearing • Overview of Amendments – Julie Reid, Kerr Tar Regional Council of Government • Clerk read Rules of Citizen Comments • Citizen Comments • County Manager and/or Commissioner Comments • Adjourn

  4. PUBLIC HEARING PROCEDURES • This public hearing is being held to hear citizens' comments regardingAmendments To 2008 CDBG Scattered Sites Program RULES: • Please sign up to speak • The maximum time allotted to each speaker will be five (5) minutes. The Clerk to the Board will keep time. • Any group of people who support or oppose the same position should designate a spokesperson. • Please address only those items which might not have been addressed by a previous speaker • Order and decorum will be maintained during this hearing. • Two questions are permitted by each speaker. Warren County Board of Commissioners

  5. Notice of Public Hearing • Notice is hereby served that the Warren County Board of Commissioners will hold a public hearing on Monday, January 4, 2010 at 9:30 am in the Warren County Memorial Library Community Room, 109 S. Front Street, Warrenton, NC. The purpose of this hearing is to receive citizen’s comments regarding: • Amendment to the 2008 Community Development Block Grant Scattered Sites Program: • The following property shall be deleted from the program: 1055 NC Highway 43, Warrenton • The following changes shall be made: • Change from demolition, replacement and new construction to urgent repair only for 126 Peter Williams Road, Macon • Change from rehabilitation to demolition and replacement for 810 NC Highway 43, Warrenton • Add the following as alternates for rehabilitation or urgent repairs: • 1929 Lickskillet Road, Warrenton 27589 701 Greentown Ave, Warrenton 27589 • 273 Michael Quarry Road, Norlina 27563 219 Occoneechee Trail, Hollister 27844 • 998 Eaton Ferry Rd, Littleton 27850 104 Capps Hill Rd, Hollister 27844 • 110 White Rock Church Rd, Hollister 27589 121 Freedom Circle, Norlina 27563 • 143 Greenwood Blvd, Warrenton 27589 • Questions or written comments should be directed to: • Linda T. Worth Julie Reid, CDBG Administrator • Warren County Manager Kerr Tar Council of Governments • PO Box 619, Warrenton, NC 27589 PO Box 709, Henderson, NC 27546 • Telephone: (252) 257-3115 Telephone: (252) 436-2040 • lworth@co.warren.nc.usjreid@kerrtarcog.org

  6. January 4, 20109:45 AM – Public Hearing Request from Youth Camps for Christ to amend Warren County Zoning Ordinance

  7. Public Hearing Agenda • Chairman call Public Hearing to Order • Clerk read Notice of Public Hearing • Overview of Amendments – Ken Krulik, Planner/Zoning Adminstrator • Clerk read Rules of Citizen Comments • Citizen Comments • County Manager and/or Commissioner Comments • Adjourn

  8. PUBLIC HEARING PROCEDURES This public hearing is being held to hear citizens' comments regardingrequest from Youth Camps for Christ to amend Warren County Zoning Ordinance RULES: • Please sign up to speak • The maximum time allotted to each speaker will be five (5) minutes. The Clerk to the Board will keep time. • Any group of people who support or oppose the same position should designate a spokesperson. • Please address only those items which might not have been addressed by a previous speaker • Order and decorum will be maintained during this hearing. • Two questions are permitted by each speaker. Warren County Board of Commissioners

  9. Notice of Public Hearing Notice is hereby served that the Warren County Board of Commissioners will hold a public hearing on Monday, January 4, 2010 at 9:45 am in the Warren County Memorial Library Community Room, 109 S. Front Street, Warrenton, NC. The purpose of this hearing is to receive citizen’s comments regarding: request from Youth Camps for Christ to amend the County Zoning Ordinance to the current Lakeside Group Camp District G-C. All questions or written comments should be directed to: Ken Krulik, Planner/Zoning Administrator PO Box 619, Warrenton, NC 27589 Telephone: (252) 257-7027 kkrulik@co.warren.nc.us A map of the property is available for review in the office of the Warren County Planner/Zoning Administrator. All interested citizens are urged to attend this public hearing. Barry Richardson, Chairman Warren County Board of Commissioners

  10. Untied Way Fundraiser Participant Recognition Debbie Scott, Coordinator

  11. 10:00 am Call to Order January 4, 2010 Regular Monthly Meeting By Chairman or Designee Moment of Silence Citizen Comments

  12. Rules for Citizen Comments Please sign up to speak. The maximum time allotted to each speaker will be five (5) minutes; Clerk to the Board will keep time. Any group of people who support or oppose the same position should designate a spokesperson. Please address only those items which might not have been addressed by a previous speaker. If response from Manager and/or Board is desired, please leave a copy of your comment(s) with the Clerk to the Board. Order and decorum will be maintained. This is not a question and answer session. Warren County Board of Commissioners

  13. Meeting Date: January 4, 2010 Agenda Item # 4 SUBJECT: Adopt January 4, 2010 Suggested Agenda REQUESTED BY: Clerk / Deputy Clerk to the Board SUMMARY: None FUNDING SOURCE: N/A APPLICABLE LOCAL ORDINANCE &/or GENERAL STATUTE: N/A FOLLOW-UP REQUIRED: N/A COUNTY MANAGER'S RECOMMENDATION: ____________________________________________________________________________________________________________________________________________________________________ NOTES: ______________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

  14. SUGGESTED AGENDA • FOR • January 4, 2010 REGULAR MONTHLY MEETING • OF THE WARREN COUNTY BOARD OF COMMISSIONERS • Memorial Library Community Meeting Room • WARRENTON, NORTH CAROLINA • 9:30 am – Public Hearing - Amendments to 2008 Community Development Block • Grant (CDBG) Scattered Sites Project • 9:45 am – Public Hearing - Request from Youth Camps for Christ to amend Warren • County Zoning Ordinance • Call to Order Regular Monthly Meeting – 10:00 am by Chairman • Moment of Silence • Citizen Comments • Adopt January 4, 2010 Suggested Agenda • Consent Agenda • A. Approve Minutes: • December 7, 2009 Annual Organizational Meeting • December 7, 2009 Regular Monthly Meeting • B. Interest Income Report – Finance Director Barry Mayo • C. Tax Collector’s Report – Tax Administrator Robert Mitchum • D. Tax Release Requests (Over $100) – Tax Administrator Robert Mitchum • Tax Release Requests (Under $100) - “ “ “ “ • E. Employee Performance Bond: Barry Mayo, Finance Director • F. Resolution – Authority of Deputy Clerk • Agenda pg 1 of 3 United Way - Special Recognitions Debbie Scott, Campaign Coordinator

  15. Finance Officer – Barry Mayo • A. Amendment # 8 to the FY 2009-10 Warren County Budget Ordinance • B. Amendment # 9 to the FY 2009-10 Warren County Budget Ordinance • C. Amendment # 6 to the National Guard Armory Renovation Capital Project Ordinance • Consider Public Hearings • A. Amendments to 2008 Community Development Block Grant (CDBG) Scattered • Sites Project • B. Request from Youth Camps for Christ to amend Warren County Zoning Ordinance • 8. Approve Financing Packets: • A. Renovation Project Loan with Southern Bank & Trust Company for $669,000 – National • Guard Armory, Former Library and Former Mental Health Buildings • B. Construction of New Tech High School with Southern Bank & Trust Company for $610,000 • 9. Emergency Medical Services – Christopher Wright • A. Proposal to dissolve EMS Advisory Council • B. Request authority to establish EMS Peer Review and Education Committee • 10. Warren County Senior Center Advisory Council – Arnetta Yancey • A. Adopt proposed By-Laws • B. Appoint initial members: R.Harris-Monteverdi, C.Walton, R.Williams, H.Baskerville, D.Tant, • C.Jefferson, M.Justice, F. Davis and V.Perry • C. Appoint Commissioner Representative and County Manager • Public Utilities – Macon Robertson • A. Award bid for Meter Replacement Project • B. Approve Water Meter Replacement & Automated Meter Reading System Agreement • 12. Authorize employment offer for Economic Development Director – Elgin Lane • 13. Award Bid for Tax Foreclosed Property • 14. Declare Surplus Property and authorize sale by GovDeals Online Auction • 15. Consider Receiving Bids for County Employee Health Plan – Commissioner Fleming • Amendment to Community Development Block Grant Water Hook-Up Project – Tim Baynes • Agenda pg 2 of 3

  16. 17. County Manager’s Report • A. Adopt Resolution in Support of Lake Gaston Chamber of Commerce Building • Plans • B. Adopt Resolution in Solicitation of Support from State and Federal Legislative • Delegates • C. Notice of Contracts Executed • D. Manager’s Report for December 2009 • 18. Adjourn January 4, 2010 Meeting • Closed Session in accordance with • G.S. 143-318.11(a)(l) • Discussion of Attorney/Client Privileged Information • Agenda pg 3 of 3

  17. Meeting Date: January 4, 2010 Agenda Item # 5A SUBJECT: Approve Minutes REQUESTED BY: Clerk to the Board SUMMARY: Minutes have been provided via e-mail to Board Members for review: December 7, 2009 Annual Organizational Meeting December 7, 2009 Regular Monthly Meeting FUNDING SOURCE: N/A APPLICABLE LOCAL ORDINANCE &/or GENERAL STATUTE: N/A FOLLOW-UP REQUIRED: N/A COUNTY MANAGER'S RECOMMENDATION: ____________________________________________________________________________________________________________________________________________________________________ NOTES: ____________________________________________________________________________________________________________________________________________________________________

  18. Minutes have been provided by e-mail prior to the meeting. December 7, 2009 Annual Organizational Meeting December 7, 2009 Regular Monthly Meeting

  19. Meeting Date: January 4, 2010 Agenda Item # 5B SUBJECT: Approve Interest Income Report REQUESTED BY: Barry Mayo, Finance Director SUMMARY: Interest Income Report for the month of November 2009 is submitted for the Board’s information. FUNDING SOURCE: N/A APPLICABLE LOCAL ORDINANCE &/or GENERAL STATUTE: N/A FOLLOW-UP REQUIRED: N/A COUNTY MANAGER'S RECOMMENDATION: ____________________________________________________________________________________________________________________________________________________________________ NOTES: ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

  20. Meeting Date: January 4, 2010 CONSENT AGENDA Item # 5C SUBJECT: Approve Tax Collector’s Report REQUESTED BY: Robert E. Mitchum, Tax Administrator SUMMARY: Tax Collector’s Report for the month of November 2009 is presented for the Board’s information. FUNDING SOURCE: N/A APPLICABLE LOCAL ORDINANCE &/or GENERAL STATUTE: G.S. 105 350 Tax Collection Report, Interest Income Report supplied for Board's information FOLLOW-UP REQUIRED: COUNTY MANAGER'S RECOMMENDATION: __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ NOTES: __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

  21. Meeting Date: January 4, 2010 CONSENT AGENDA Item # 5D SUBJECT: Request for Tax Releases REQUESTED BY: Robert E. Mitchum, Tax Administrator SUMMARY: Tax releases over $100 are presented for Board approval. Tax releases under $100 approved by the County Manager are presented for the Board’s information. FUNDING SOURCE: N/A APPLICABLE STATUTE: NCGS 105-381. TAXPAYER'S REMEDIES FOLLOW-UP REQUIRED: COUNTY MANAGER'S RECOMMENDATION: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________ NOTES: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

  22. Request For Tax Releases Over $100

  23. County Manager approved Tax Releases Under $100

  24. Meeting Date: January 4, 2010 CONSENT AGENDA Item # 5E SUBJECT: Employee Performance Bond Renewal REQUESTED BY: Finance Office SUMMARY: Bond for Director of Finance Barry Mayo is submitted for renewal; $50,000 effective January 24, 2010 FUNDING SOURCE: N/A APPLICABLE STATUTE: FOLLOW-UP REQUIRED: COUNTY MANAGER'S RECOMMENDATION: _____Recommend approval___________________________________________________________ ___________________________________________________________________________________ NOTES: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

  25. Meeting Date: January 4, 2010 CONSENT AGENDA Item # 5F SUBJECT: Resolution – Authority of Deputy Clerk REQUESTED BY: Clerk to the Board SUMMARY: Adopt resolution setting forth Deputy Clerks authorized duties. FUNDING SOURCE: N/A APPLICABLE STATUTE: FOLLOW-UP REQUIRED: COUNTY MANAGER'S RECOMMENDATION: _____Recommend approval___________________________________________________________ ___________________________________________________________________________________ NOTES: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

  26. State of North Carolina County of Warren RESOLUTION AUTHORITY OF DEPUTY CLERK THAT WHEREAS, by action of the Warren County Board of Commissioners at a Regular Meeting on December 7, 2009, Mrs. Paula L. Pulley was appointed to the position of Deputy Clerk to the Warren County Board of Commissioners, and WHEREAS, The Board desires to make clear the authority of the person appointed to the position of Deputy Clerk, NOW THEREFORE, BE IT RESOLVED, that the Deputy Clerk to the Warren County Board of Commissioners is hereby authorized to perform any and all acts authorized to be performed by the duly appointed Clerk, specifically including attesting legal documents and affixing the county seal to such documents. BE IT FURTHER RESOLVED, that the Deputy Clerk is authorized to act for the Clerk at such times as the Clerk may be absent or unavailable, and the Deputy Clerk may act to assist the Clerk when necessary or convenient. Adopted this the 4th day of January, 2010 at Warrenton, North Carolina. Barry Richardson, Chairman Warren County Board of Commissioners

  27. Meeting Date: January 4, 2010 Item # 6-A SUBJECT: Finance Office REQUESTED BY: Barry Mayo, Finance Director SUMMARY: Amendment # 8 to the FY 2009-10 Warren County Budget Ordinance FUNDING SOURCE: N/A APPLICABLE LOCAL ORDINANCE &/or GENERAL STATUTE: FOLLOW-UP REQUIRED: COUNTY MANAGER'S RECOMMENDATION: _____Recommend approval___________________________________________________ ___________________________________________________________________________ NOTES: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________

  28. Meeting Date: January 4, 2010 Item # 6-B SUBJECT: Finance Office REQUESTED BY: Barry Mayo, Finance Director SUMMARY: Amendment # 9 to the FY 2009-10 Warren County Budget Ordinance FUNDING SOURCE: N/A APPLICABLE LOCAL ORDINANCE &/or GENERAL STATUTE: FOLLOW-UP REQUIRED: COUNTY MANAGER'S RECOMMENDATION: ___Recommend approval. Funds budgeted in the National Guard Armory _________ ___General Fund Expenditure account.________________________________________ NOTES: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________

  29. Meeting Date: January 4, 2010 Item # 6-C SUBJECT: Finance Office REQUESTED BY: Barry Mayo, Finance Director SUMMARY: Amendment # 6 to the National Guard Armory Renovation Capital Project Ordinance FUNDING SOURCE: N/A APPLICABLE LOCAL ORDINANCE &/or GENERAL STATUTE: FOLLOW-UP REQUIRED: COUNTY MANAGER'S RECOMMENDATION: _ Recommend approval. ______________________________________________________ ___________________________________________________________________________ NOTES: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________

  30. Revised Amendment 12/30/2009

  31. Meeting Date: January 4, 2010 Item # 7-A SUBJECT: Follow-up to Public Hearings REQUESTED BY: Julie Reid, Kerr Tar COG – CDBG Administrator SUMMARY: Consider amendments to 2008 Community Development Block Grant (CDBG) Scattered Sites Project FUNDING SOURCE: N/A APPLICABLE LOCAL ORDINANCE &/or GENERAL STATUTE: FOLLOW-UP REQUIRED: COUNTY MANAGER'S RECOMMENDATION: ____ Recommend approval. ___________________________________________________ ___________________________________________________________________________ NOTES: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________

  32. Amendment to the 2008 Community Development Block Grant Scattered Sites Program: • The following property shall be deleted from the program: • 1055 NC Highway 43, Warrenton • The following changes shall be made: • Change from demolition, replacement and new construction to urgent repair only for • 126 Peter Williams Road, Macon • Change from rehabilitation to demolition and replacement for 810 NC Highway 43, • Warrenton • Add the following as alternates for rehabilitation or urgent repairs: • 1929 Lickskillet Road, Warrenton 27589 • 701 Greentown Ave, Warrenton 27589 • 273 Michael Quarry Road, Norlina 27563 • 219 Occoneechee Trail, Hollister 27844 • 998 Eaton Ferry Rd, Littleton 27850 • 104 Capps Hill Rd, Hollister 27844 • 110 White Rock Church Rd, Hollister 27589 • 121 Freedom Circle, Norlina 27563 • 143 Greenwood Blvd, Warrenton 27589

  33. Meeting Date: January 4, 2010 Item # 7-B SUBJECT: Follow-up to Public Hearings REQUESTED BY: Ken Krulik, Planner / Zoning Administrator SUMMARY: Consider amendment to Warren County Zoning Ordinance FUNDING SOURCE: N/A APPLICABLE LOCAL ORDINANCE &/or GENERAL STATUTE: FOLLOW-UP REQUIRED: COUNTY MANAGER'S RECOMMENDATION: ___________________________________________________________________________ ___________________________________________________________________________ NOTES: _________________________________________________________________________________________________________________________________________________________________________________________________________________________________

  34. Request from Youth Camps for Christ to amend the County Zoning Ordinance to the current Lakeside Group Camp District G-C. § 153A‑45.  Adoption of ordinances. To be adopted at the meeting at which it is first introduced, an ordinance or any action having the effect of an ordinance (except the budget ordinance, any bond order, or any other ordinance on which a public hearing must be held before the ordinance may be adopted) must receive the approval of all the members of the board of commissioners. If the ordinance is approved by a majority of those voting but not by all the members of the board, or if the ordinance is not voted on at that meeting, it shall be considered at the next regular meeting of the board. If it then or at any time thereafter within 100 days of its introduction receives a majority of the votes cast, a quorum being present, the ordinance is adopted. (1963, c. 1060, ss. 1, 1 1/2; 1965, cc. 388, 567, 1083, 1158; 1967, c. 495, s. 2; 1969, c. 36, s. 1; 1971, c. 702, ss. 1‑3; 1973, c. 822, s. 1.)

  35. Meeting Date: January 4, 2010 Agenda Item # 8-A SUBJECT: Approve Installment Financing Packet $669,000 REQUESTED BY: SUMMARY: Approve Financing Packet for building renovations: Former Library, Mental Health and National Guard Armory Buildings: * Installment Financing Contract * Incumbency & Authorization Certificate * Promissory Note * Resolution authorizing signature * Escrow Agreement * Bank Eligibility Certificate * Authorize Chairman and/or County Manager to sign related documents FUNDING SOURCE: Home & Community Care Block Grant APPLICABLE LOCAL ORDINANCE &/or GENERAL STATUTE: N/A FOLLOW-UP REQUIRED: N/A COUNTY MANAGER'S RECOMMENDATION: ___Recommend approval, pending review by County Attorney_____________________________ __________________________________________________________________________________ NOTES: ____________________________________________________________________________________________________________________________________________________________________

  36. Resolution The County Board of Commissioners (the "Board") of the County of Warren, North Carolina (the "County") met at 10:00 a.m. on January 4, 2010. The following resolution was introduced: WHEREAS, pursuant to Section 160A-20 of the General Statutes of North Carolina, a local government unit is authorized to finance the purchase of real or personal property by installment contracts that create in the property purchased a security interest to secure payment of the Loan Amount to an entity advancing moneys or supplying financing, and/or to finance the construction or repair of fixtures or improvements on real property by contracts that create in the fixtures or improvements, or in all or some portion of the property on which the fixtures or improvements are located, or in both, a security interest to secure repayment of moneys advanced or made available for such construction or repair; and, WHEREAS, the County proposes to construct two Emergency Management Services Satellite Units, to renovate three existing structures (Old Mental Health Building, Old Warren County Library, and the Warren County Armory), and to finance those transactions and related costs (the "Loan") with Southern Bank and Trust Company; and, WHEREAS, the Loan shall be evidenced by an Installment Financing Contract (the "Contract") and a Promissory Note (the "Note") and secured by a Deed of Trust (the "Deed of Trust") on the subject real property (the "Property"); and, WHEREAS, draft copies of the proposed Contract, Note and Deed of Trust have been presented to the Board; and, WHEREAS, in accordance with Section 160A-20 of the General Statutes of North Carolina, the County Board of Commissioners held a public hearing on the Contract and gave notice of the public hearing at least ten (10) days before the date fixed for said hearing in accordance with Section 160A-20(g) of the General Statutes of North Carolina; and, WHEREAS, the County Board of Commissioners desires to approve the aforesaid Loan and the execution and delivery of the Contract, Note and Deed of Trust and to authorize other actions in connection therewith.

  37. BE IT RESOLVED by the County Board of Commissioners of the County of Warren as follows: • The Loan and the agreements and documents referenced herein are hereby ratified, approved and authorized. • Each of the Contract, the Note and the Deed of Trust, in substantially the forms submitted to this meeting, and the performance by the County of its obligations thereunder, including, without limitation, its representations, warranties and covenants as to matters affecting the tax-exempt status of interest on the Loan, hereby are approved, and the County Manager hereby is authorized and directed to execute and deliver, and the Clerk to the Board hereby is authorized and directed to attest and acknowledge, as may be appropriate, on behalf of the County each of the Contract, the Note and the Deed of Trust, with such variations, omissions and additions as the persons executing such documents may approve, their execution and delivery thereof to constitute conclusive evidence of such approval of such variations, omissions and additions. Without limiting the generality of the foregoing, the County Manager and the County Finance Director hereby are authorized to approve all details of said Loan, including, without limitation, the amount advanced pursuant to the Contract (which shall not exceed a maximum sum of $____________), the amounts and timing of the Installment Payments, the interest rate(s) and the term of the Contract. Execution of the Contract by the County Manager or the Finance Director conclusively shall evidence such approval of all such details of the Loan. • The Board, the County Manager and the County Finance Director or any of them hereby are authorized and directed, as appropriate, to negotiate, enter into, execute and deliver for and on behalf of the County, and the Clerk to the Board hereby is authorized and directed to attest and acknowledge, as may be appropriate, any and all exhibits, addenda, schedules and supplements to the Contract, Note and Deed of Trust and any and all financing statements, certificates, assignments and other documents, instruments or agreements (including appropriate tax certifications and agreements) as may be necessary or advisable to carry out the intent of this resolution and to effect the financing pursuant to the Contract and Deed of Trust, and any other certificate, instrument or document relating to the Contract and the Deed of Trust and the transactions contemplated thereby, including, without limitation, the Note, and to perform any and all acts they may deem necessary or appropriate in order to carry out the intent of this resolution and the matters herein authorized.

  38. The County hereby designates the Note and the Contract as "qualified tax-exempt obligations" for the purpose of Internal Revenue Code Section 265(b)(3). The County shall not issue tax-exempt obligations itself or approve the issuance of tax-exempt obligations of its "subordinate" entities (and all entities which issue tax-exempt obligations on behalf of the County and its subordinate entities) if the issuance of such tax-exempt obligations would, when aggregated with all other tax-exempt obligations theretofore issued in this calendar year by the County and such other entities, result in the Town and such other entities having issued a total of more than $30,000,000.00 of tax-exempt obligations in this calendar year (not including private activity bonds other than qualified 501(c)(3) bonds), including the Note and the Contract. • All other actions of County officers and employees in conformity with the purposes and intent of this resolution and in furtherance of the execution and delivery of the instruments described above and the consummation of the transactions contemplated thereby are hereby ratified, approved and confirmed. All other resolutions or parts thereof in conflict herewith, to the extent of such conflict, are hereby repealed. • This resolution shall become effective immediately. • I, Angelena Kearney-Dunlap, Clerk to the County Board of Commissioners of the County of Warren, North Carolina, HEREBY DO CERTIFY that the foregoing is a true and complete copy of so much of the proceedings of said County Board of Commissioners at a meeting held on January 4, 2010 as relates in any way to the authorization and approval of an installment contract financing, that the public hearing referenced in said resolution was duly called and held, that all required notices of such meeting were given and that references regarding said proceedings are recorded in the minutes of said Board and a full copy of the foregoing resolution is recorded in the resolution book of the County Board of Commissioners. • WITNESS my hand and the corporate seal of said County, this 4th day of January, 2010. • _____________________________________ • Clerk to the County Board of Commissioners

  39. Additional documentation to be approved: • Installment Financing Contract • Incumbency & Authorization Certificate • Promissory Note • Resolution authorizing signature • Escrow Agreement • Bank Eligibility Certificate • Authorize Chairman and/or County Manager • to sign related documents

  40. Meeting Date: January 4, 2010 Agenda Item # 8-B SUBJECT: Approve Installment Financing Packet $610,000 REQUESTED BY: SUMMARY: Approve Financing Packet for new construction of New Tech High School Building: * Installment Financing Contract * Incumbency & Authorization Certificate * Promissory Note * Resolution authorizing signature * Escrow Agreement * Bank Eligibility Certificate * Authorize Chairman and/or County Manager to sign related documents FUNDING SOURCE: Home & Community Care Block Grant APPLICABLE LOCAL ORDINANCE &/or GENERAL STATUTE: N/A FOLLOW-UP REQUIRED: N/A COUNTY MANAGER'S RECOMMENDATION: ___Recommend approval, pending review by County Attorney_____________________________ __________________________________________________________________________________ NOTES: ____________________________________________________________________________________________________________________________________________________________________

  41. RESOLUTION WHEREAS, pursuant to Section 160A-20 of the General Statutes of North Carolina, a local government unit is authorized to finance the purchase of real or personal property by installment contracts that create in the property purchased a security interest to secure payment of the Loan Amount to an entity advancing moneys or supplying financing, and/or to finance the construction or repair of fixtures or improvements on real property by contracts that create in the fixtures or improvements, or in all or some portion of the property on which the fixtures or improvements are located, or in both, a security interest to secure repayment of moneys advanced or made available for such construction or repair; and, WHEREAS, the County proposes to construct the Warren County New Tech High School, and to finance this transaction and related costs (the "Loan") with Southern Bank and Trust Company; and, WHEREAS, the Loan shall be evidenced by an Installment Financing Contract (the "Contract") and a Promissory Note (the "Note") and secured by a Deed of Trust (the "Deed of Trust") on the subject real property (the "Property"); and, WHEREAS, draft copies of the proposed Contract, Note and Deed of Trust have been presented to the Board; and, WHEREAS, in accordance with Section 160A-20 of the General Statutes of North Carolina, the County Board of Commissioners held a public hearing on the Contract and gave notice of the public hearing at least ten (10) days before the date fixed for said hearing in accordance with Section 160A-20(g) of the General Statutes of North Carolina; and, WHEREAS, the County Board of Commissioners desires to approve the aforesaid Loan and the execution and delivery of the Contract, Note and Deed of Trust and to authorize other actions in connection therewith.

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