The Henderson County Board of
Commissioners reconvened the recessed regular meeting of November 1, 1999 at
10:30 a.m. on November 2, 1999 in the meeting room of the County Administration
Building in Hendersonville, North Carolina.
Present were: Chairman Grady Hawkins, Vice-Chair Bill Moyer,
Commissioner Renee Kumor, Commissioner Marilyn Gordon, and Commissioner Donald
G. Ward. Also present was County
Manager David E. Nicholson, Interim County Attorney Angela S. Beeker, Staff
Attorney Jennifer Jackson, Finance Director J. Carey McLelland, Henderson
County Sheriff George Erwin, and Clerk
to the Board Elizabeth W. Corn.
Chairman Hawkins advised the
Commissioners that the purpose of the meeting was to consider and take action
on a Resolution approving an Installment Financing of Detention Facilities and
the Sale of not more than $9,100,000 Certificates of Participation, Series 1999
(the AResolution@).
Chairman Hawkins also stated that a purpose of the meeting was to discuss and
award the construction bids for the Henderson County Detention Facilities
Project (AProject@).
County Manager David E.
Nicholson, distributed copies of the certified Bid Tabulation Sheet which
reflects the bids received and opened on October 19, 1999 for the Project. A copy of said Bid Tabulation Sheet is
attached to these minutes as Exhibit A.
A recommendation from the Project Architect, Grier-Fripp, to award to
the lowest responsive, responsible bidders was distributed. County Manager David E. Nicholson then
reviewed an itemized listing of items to be deducted from the Project as
originally specified.
Staff Attorney Jennifer
Jackson presented four draft construction contracts, one for each of the lowest
responsible, responsive bidders, each to be considered a prime contractor for
the Project. The contracts include the
standard AIA contract, plus the standard General Conditions and the County=s Supplementary General Conditions. The Staff Attorney reviewed the contracts
and distributed a memorandum outlining changes to be made to the
contracts. She recommended award of the
bids to the following contractors with amounts not to exceed the following
respectively:
General Contractor - Beam
Construction Company $6,489,600.00
Electrical Contractor B Hayes and Lunsford Electrical Contractors $
849,300.00
Plumbing Contractor B Bolton Incorporation $ 643,400.00
HVAC Contractor B Price & Price Mechanical, Inc. $ 509,000.00
Commissioner Kumor made the motion to:
(1) award the
construction contracts with the amendments as recommended by Staff Attorney
Jennifer Jackson subject to the condition that the Contractors be required to
provide all required documentation, including but not limited to Certificates
of Insurance and Payment and Performance Bonds, and comply with all other requirements
of the Contracts; and
(2) authorize
execution of the Construction Contracts with such changes, insertions, and
omissions as may be approved by the Chairman or the Vice-Chairman.
Interim County Attorney Angela S. Beeker briefly
reviewed the financing transaction for the Project and the documents listed in
the Resolution with the Board.
Commissioner Moyer
introduced the Resolution, a copy of which was submitted to the Board of
County Commissioners at the meeting, and moved that it be adopted with such
technical revisions as the Chairman or Vice Chairman and the County Manager
deem advisable:
RESOLUTION APPROVING AN INSTALLMENT FINANCING OF
DETENTION FACILITIES AND THE SALE OF NOT MORE THAN $9,100,000 CERTIFICATES OF
PARTICIPATION, SERIES 1999 AND AUTHORIZING THE EXECUTION AND DELIVERY OF
DOCUMENTS IN CONNECTION THEREWITH
WHEREAS, there
have been submitted to this meeting forms of the following (drafts dated
October 26, 1999 except for items (4) and (5) which are dated November 1,
1999).
(1) Installment
Financing Contract dated as of November 1, 1999 (the AContract@)
between the Henderson County Governmental Financing Corporation (the ACorporation@)
and the County of Henderson, North Carolina (the ACounty@);
(2) Deed of Trust
and Security Agreement dated as of November 1, 1999 (the ADeed of Trust@)
from the County to a Deed of Trust Trustee for the benefit of the Corporation;
(3) Indenture of
Trust dated as of November 1, 1999 (the AIndenture@) between the Corporation and First-Citizens Bank
& Trust Company, as Trustee (the ATrustee@);
(4) Preliminary
Official Statement to be dated on or about November 9, 1999 (the APreliminary Official Statement@) relating to the offer and sale of Certificates of
Participation, Series 1999 (the ACertificates@);
(5) Letter of
Representation, to be dated on or about November 18, 1999, to be delivered by
the County to BB&T Capital Markets, a division of Scott & Stringfellow,
Inc. (the AUnderwriter@)
and attached as Exhibit A to the Purchase Contract between the Corporation and
the Underwriter; and
(6) First
Amendment to Declaration of Easements dated as of November 1, 1999 (the AAmendment@)
from the County.
WHEREAS, the
Board of County Commissions duly conducted a public hearing on September 15,
1999 regarding the installment financing of (i) the acquisition, construction,
installation and equipping of detention facilities (the AProject@)
to be used by the County and (ii) the payment of certain costs incurred in
connection with the execution and delivery of the Certificates; and
WHEREAS, by
resolution adopted by the Board of County Commissioners on September 15, 1999,
the installment financing of the Project was approved subject to further action
of the Board of County Commissioners; and
WHEREAS, the
North Carolina Local Government Commission approved the County=s application for approval of the Contract on October
5, 1999; and
WHEREAS, the
Board of County Commissioners desires to approve the sale of Certificates
pursuant to the Purchase Contract and to authorize the execution and delivery
of the Contract, the Amendment, the Deed of Trust, the Preliminary Official
Statement and the Letter of Representation and other documents in connection
therewith;
NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of the County of
Henderson, North Carolina, as follows:
1. The
Contract, in the form submitted to this meeting, is hereby approved, and the
Chairman or Vice Chairman of the Board of County Commissioners and the Clerk to
the Board of County Commissioners are hereby authorized and directed to execute
and deliver the Contract on behalf of the County, with such changes, insertions
or omissions as the Chairman or Vice Chairman may approve, and the Clerk is
hereby authorized and directed to affix thereto and attest the seal of the
County.
2. The Deed of
Trust, in the form submitted to this meeting, is hereby approved, and the
Chairman or Vice Chairman of the Board of County Commissioners and the Clerk to
the Board of County Commissioners are hereby authorized and directed to execute
and deliver the Deed of Trust on behalf of the County, with such changes,
insertions or omissions as the Chairman or Vice Chairman may approve, and the
Clerk is hereby authorized and directed to affix thereto and attest the seal of
the County.
3. The
Indenture, in the form submitted to this meeting, is hereby approved, with such
changes, insertions or omissions as the Chairman or Vice Chairman may approve.
4. The
Preliminary Official Statement and distribution and use thereof in connection
with the public offering of the Certificates are hereby authorized and
approved.
5. A final
Official Statement to be dated the date of the sale of the Certificates in
substantially the form of the Preliminary Official Statement, modified to
reflect the results of the sale of the Certificates, and the use thereof in
connection with the public offering and sale of the Certificates are hereby
authorized and approved. The Chairman of the Board of County Commissioners is
hereby authorized and directed to execute and deliver on behalf of the County a
final Official Statement in substantially such form, with such changes,
insertions and omissions as he may approve.
6. The Letter
of Representation in the form submitted to this meeting is hereby approved, and
the County Manager and the Director of Finance are each hereby authorized and
directed to execute and deliver the Letter of Representation on behalf of the
County with such changes, insertions or omissions as they may approve.
7. The
Amendment, in the form submitted to this meeting, is hereby approved, and the
Chairman or Vice Chairman of the board of County Commissioners and the Clerk to
the Board of County Commissioners are hereby authorized and directed to execute
and deliver the Amendment on behalf of the County, with such changes,
insertions or omissions as the Chairman or Vice Chairman may approve, and the
Clerk is hereby authorized and directed to affix thereto and attest the seal of
the County.
8. Subject to
the limitations set forth herein, the County Manager is hereby authorized to
approve the terms of the Certificates, including but not limited to, the
aggregate principal amount and the dates and amounts of maturities thereof, the
redemption provisions thereof and the interest rates thereon; providing that (i)
the principal amount of the Certificates shall not exceed $9,100,000, (ii) the
final maturity date of the Certificates shall be no later than December 1, 2019
and (iii) the true interest cost and the effective interest rate thereof shall
not exceed 5.92% and 6.05% respectively.
9. The Actions
of the County Manager and the Director of Finance of the County in applying to
various financial guaranty insurance companies for a commitment from one or
more of such companies to issue its insurance policy ensuring timely payment of
principal and interest with respect to the Certificates are hereby ratified,
approved and confirmed. In connection with the execution and delivery of the
Contract, the Deed of Trust, the Amendment and the Indenture (collectively, the
AAgreements@),
the Chairman and Vice Chairman are each authorized to approve any changes to
the Agreements he deems in the County=s
best interest as may be necessary or desirable to fulfill the terms of any such
commitment.
10. The Chairman
or the Vice Chairman of the Board of County Commissioners, the Clerk to the
Board of County Commissioners, the County Manager, the Director of Finance of
the County and the Interim County Attorney are each hereby authorized to take
any and all such further action and to execute and deliver such other documents
as may be necessary or advisable to carry out the intent of this Resolution and
to effect the installment financing pursuant to the Contract.
11. The County
hereby represents that (i) its obligation under the Contract and the
Certificates are not private activity bonds as defined in the Internal Revenue
Code of 1986, as amended (the ACode@) and (ii) the County, together with any subordinate
entities of the County and any entities which issue obligations on behalf of the
County, reasonably expects that it will not issue and designate in the
aggregate more than $10,000,000 of tax-exempt obligations (other than private
activity bonds which are not qualified 501(c)(3) obligations) during the
current calendar year. In addition, the issuer hereby designates its
obligations under the Contract and the Certificates as qualified tax-exempt
obligations for the purposes of Section 265(b)(3) of the Code.
12. This
Resolution shall become effective immediately upon its adoption.
Following a discussion of the Resolution, Commissioner
Kumor seconded the motion and the Resolution was adopted by the following vote:
AYES: Chairman Grady Hawkins, Vice-Chair Bill Moyer,
Commissioner Renee Kumor, Commissioner Marilyn Gordon, and Commissioner Donald
G. Ward
NAYS: None
Bill Byrnes reviewed the proposed plat which includes
some revisions to the subdivision of the County=s property. Following some discussion, Commissioner Ward moved the
approval of the plat as presented and the recording of the plat with any
unsubstantial changes deemed necessary for the Project. All voted in favor and
the motion carried.
The meeting was adjourned at 12:00 noon.
BUDGET WORKSHOP
The Budget Workshop was deferred to November 29, 1999
at 3:00 PM to accommodate Chairman Hawkins=
calendar. He reviewed the proposed
agenda for the Budget Workshop. The
agenda included a Budget Calendar for FY 2000-01 and a Budget Guidelines and
Instruction Manual. Other items
presented to the Commissioners for their review and consideration for the next
meeting were:
C
Report from the Joint
School Facilities Committee
C
Proposal from Robert S.
Segal, CPA-Expense Reduction and Revenue Enhancement Consulting
C
Economic Development
Funds
C
Funding for Sewer
Projects
C
Capital Improvements Program
<New Government Facility
<Detention Center
<Historic Courthouse
C
Report on Maintenance
Projects
ADJOURNED
There being no further business before the Board,
Chairman Hawkins adjourned the meeting at 12 noon.
APPROVED:
GRADY HAWKINS, CHAIRMAN
HENDERSON COUNTY BOARD OF COMMISSIONERS
ATTEST:
ELIZABETH W. CORN, CLERK TO THE BOARD