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090412mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting September 4, 2012 The Harnett County Board of Commissioners met in regular session on Tuesday, September 4, 2012, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Timothy B. McNeill, Chairman Beatrice B. Hill, Vice Chairman Dan B. Andrews, Commissioner Gary House, Commissioner Jim Burgin, Commissioner Scott Sauer, County Manager Tony Wilder, Deputy County Manager Dwight Snow, Staff Attorney Sylvia Blinson, Finance Officer Margaret Regina Wheeler, Clerk to the Board Chaiiinan McNeill called the meeting to order at 9:00 am. Vice Chairman Hill led the pledge of allegiance and invocation. Chairman McNeill called for additions and deletions to the published agenda. Chairman McNeill requested the addition of the Planning Department's request for approval to renew an agreement with CityScape Consultants, Inc. Commissioner Burgin moved to approve the agenda as amended. Commissioner Andrews seconded the motion which passed unanimously. Vice Chairman Hill moved to approve the items on the revised consent agenda. Commissioner Burgin seconded the motion and the Board unanimously approved the following items on the consent agenda: 1. Minutes: August 20, 2012 Regular Meeting 2. Budget Amendments: 54 Cooperative Extension — R & R Smart Start Code 110 - 7323 - 465.60 -33 Materials & Supplies 110- 7323 - 465.58 -14 Travel 110 - 7323 - 465.41 -11 Telecommunications & Postage 110- 7323 - 465.23 -00 Retirement 110 - 7323 - 465.22 -00 FICA 110- 7323 - 465.21 -05 Employee Clinic 110 - 7323 - 465.21 -04 HSA 225 increase 250 increase 150 increase 835 increase 840 increase 92 increase 583 increase September 4, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 10 54 Cooperative Extension - 110- 7323 - 465.21 -00 110- 7323 - 465.11 -00 110- 0000 - 334.73 -23 556 Cooperative Extension Code 110- 7300 - 465.74 -74 110- 0000 - 353.73 -23 R & R Smart Start - continued Group Insurance Salary CCR &R Smart Start Capital Outlay 4 -H 4 -H Building Project (Farm Bureau) 566 Health Depai lment - Aging Code 110- 7600 - 441.32 -26 Incentives 110- 7600 - 441.60 -33 Materials & Supplies 110- 7600 - 441.60 -47 Food & Provisions 110- 7600 - 441.64 -25 Books & Publications 110- 0000 - 353.76 -05 Healthy Living Community Funding 576 Transportation Department Code 110 - 4650- 410.12 -00 110- 4650- 410.22 -00 110- 4650- 410.23 -00 110- 4650- 410.26 -08 110- 4650- 410.60 -31 110- 0000 - 334.55 -02 110- 0000 - 334.55 -05 General /Salaries & Wages Part Time General /FICA Tax Expense General /Regular Retirement 1,470 decrease Operating /Worker's Compensation 360 decrease Operating/Gas, Oil, & Auto Supplies 5,010 decrease Transportation/EDTAP TransportationPlan 25,516 decrease Transportation/RGP Transportation 9,494 decrease 1,522 increase 12,377 increase 16,874 increase 7,500 increase 7,500 increase 625 increase 625 increase 625 increase 625 increase 2,500 increase 25,875 decrease 2,295 decrease 586 Health Department - Aging Code 110- 7510- 441.32 -10 Recognition 110- 7510- 441.58 -14 Travel - Employee 110 - 0000 - 331.77 -04 National Senior Service Corp 203 decrease 200 decrease 403 decrease 596 Public Utilities Department - PU0703 East Central Improvements Project Code 567- 9100 - 431.45 -80 Contingency 13,025 decrease 567- 9100 - 431.45 -33 Materials & Supplies 13,025 increase 606 Health Department - Aging Code 110- 7600 - 441.11 -00 Salaries & Wages 110- 7600 - 441.21 -00 Group Insurance 110- 7600 - 441.21 -04 H S A 110 - 7600 - 441.25 -05 Clinic 110- 7600 - 441.22 -00 FICA 110- 7600 - 441.23 -00 Retirement 110- 7600 - 441.26 -08 Worker's Comp 110- 7600 - 441.33 -45 Contracted Services 110- 7600 - 441.58 -18 Travel - Volunteer /Contract 5,200 increase 630 increase 325 increase 75 increase 400 increase 350 increase 20 increase 4,500 decrease 2,500 decrease September 4, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 10 616 Health Department - Aging Code 110- 7600 - 441.54 -26 Advertising 110- 7600 - 441.58 -14 110- 7600 - 441.64 -25 110- 0000 - 331.76 -05 110- 0000 - 334.76 -23 Travel - Employee Books & Publications Health Promotion Healthy Communities 636 Tax Department Code 110- 4500- 410.33 -45 Contracted Services 110- 0000 - 311.10 -00 Ad Valorem Taxes 646 IT Depaitnient Code 110- 4900 - 410.43 -16 Maintenance & Repair- Equipment 110- 4900 - 410.12 -00 Salaries & Wages — Part-time 666 Transp ortation Department Code General /salaries & Wages Part-time General /FICA Tax Expense General /Regular Retirement Operating /Worker's Compensation Operating /Gas, Oil, & Auto Supplies Mid - Carolina - Medical General Transp. Mid - Carolina Med Transportation 110- 4650 - 410.12 -00 110- 4650- 410.22 -00 110- 4650- 410.23 -00 110- 4650- 410.26 -08 110- 4650 - 410.60 -31 110-0000-331.46-01 110 -0000- 334.55 -04 676 Health Department- Aging Code 110- 7600 - 441.32 -26 Incentives 110- 7600 - 441.58 -01 Training 110- 7600 - 441.58 -14 Travel 110- 7600 - 441.64 -25 Books & Publication 110- 0000 - 334.76 -16 Diabetes 686 Health Department - Aging Code 110 - 7600 - 441.33 -45 Contracted Services 110- 7600 - 441.60 -33 Materials & Supplies 110- 0000 - 331.76 -01 WIC Program (Client Services) 70 IT Department Code 110 - 0000 - 322.49 -04 MIS Fees /Lillington 110- 0000 - 399.00 -00 Fund Balance Appropriated 71 Sheriff's Department — Asset Forfeiture Code 251 -5100- 420.90 -10 Interfund Transfer — General Fund 251 -0000- 336.16 -00 Asset Forfeiture (Equitable Share) 200 decrease 250 decrease 233 decrease 6,889 decrease 6,206 increase 928 increase 928 increase 2,500 decrease 2,500 increase 10,402 increase 984 increase 562 increase 141 increase 1,968 increase 9,000 increase 5,057 increase 700 increase 100 increase 225 increase 500 increase 1,525 increase 16,848 increase 432 increase 17,280 increase 1,500 increase 1,500 decrease 9,113 increase 9,113 increase September 4, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 3of10 72 Sheriff's Department Code 110 -5100- 420.32 -27 110- 0000 - 389.43 -22 74 Cooperative Extension — Code 110- 7310- 465.11 -00 110- 7310- 465.21 -00 110- 7310- 465.21 -04 110 -7310- 465.21 -05 110- 7310- 465.22 -00 110 -7310- 465.23 -00 110- 7310- 465.26 -08 110- 7310- 465.41 -11 110- 7310- 465.44 -21 110- 7310- 465.58 -01 110- 7310- 465.58 -14 110- 7310- 465.60 -33 110- 7310- 465.60 -47 110- 7310- 465.60 -53 110- 0000 - 334.73 -10 75 Finance Code 902 - 9802 - 410.21 -04 902 - 9802 - 410.21 -05 902 - 9802 - 410.30 -29 902 - 000 - 353.98 -04 902 - 000 - 353.98 -05 76 Sheriff's Department Code 110 -5100- 420.32 -27 110 -5100- 420.74 -74 Drug Fund Interfund Transfer — Asset Forfeiture Parents As Teachers Salaries & Wages Group Insurance Group Insurance H.S.A. Group Insurance Employee Clinic FICA Tax Expense Regular Retirement Worker's Compensation Telecommunications & Postage Building & Equipment Rent Training & Meetings Travel Administration Materials & Supplies Food & Provisions Dues & Subscriptions Parents as Teachers Health Savings Account Employee Clinic Consulting Fees Health Savings Account Employee Clinic Drug Program Capital Outlay 3. Tax refunds, rebates and releases (Attachment 1) 9,113 increase 9,113 increase 87,276 increase 2,271 decrease 320 decrease 750 increase 6,800 increase 6,330 increase 2,219 increase 1,260 increase 660 decrease 200 increase 6,385 increase 2,040 decrease 150 increase 187 increase 106,266 increase 454,035 increase 88,463 increase 40,000 increase 454,035 increase 128,463 increase 621 decrease 621 increase 4. Emergency Services, on behalf of Benhaven Emergency Services, requested an increase in Benhaven's approved 2012 -2013 budget in Capital Outlay. The amount they originally requested to purchase a Rescue Pumper was too low and they are requesting to increase the amount by $145,000 which would allow up to $595,000 for the purchase. This pump tanker will be a multi- functional apparatus that will be a Class "A" Pumper, rescue truck and an air /support/light vehicle. This vehicle should also reduce insurance and maintenance costs. 5. Staff Attorney requested approval of a Memorandum of Understanding to transfer property to the City of Dunn for park improvements to Tyler Park. The City of Dunn has undertaken a project with a value exceeding $2 Million to renovate and expand Tyler September 4, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 10 Park with various amenities, including, but not limited to new baseball fields, tennis courts, playground and splash pad areas and a veteran's memorial garden and it has been determined that a portion of the Property (as shown in Book 339, Page 253 of the Harnett County Registry and located in the City of Dunn) is needed and necessary for such renovation and expansion. The County's use of the Property is limited to once a week operations of the WIC Program through the Department of Health and otherwise does not have any current use or prospective future use of the Property other than this program. This transaction is permissible pursuant to NC G.S. §153A -176 and §160A -274 and City of Dunn is seeking for Harnett County to convey title for this Property to the City, without consideration, but subject to this Memorandum of Understanding which will allow Harnett County to have space on the property or provide suitable replacement facilities to continue its WIC program. 6. Public Utilities requested approval of the write -offs for the second quarter in the amount of $19,581.98. The facilitation of these write -offs is an important step in a continuing effort to effectively manage collections and bad debt. HCDPU uses the Local Government Debt Setoff Program and On -Line Collections, Inc. to help collect delinquent accounts. 7. Resolution celebrating Craven County's 300th Anniversary (Attachment 2 ) 8. Planning Department requested approval to renew a contract for five additional years with CityScape Consultants, Inc., who provides a professional service agreement for technical review and evaluation of cellular tower applications within the county's planning jurisdiction. Chairman McNeill opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. No one spoke. Mrs. Victoria Whitt, Chief Executive Officer of Sandhills Center, presented for consideration a Joint Resolution to Approve the Formation of a Nine County Area Authority to Operate as Sandhills Center for Mental Health, Developmental Disabilities and Substance Abuse Services in Anson, Guilford, Harnett, Hoke, Lee, Montgomery, Moore, Randolph, and Richmond Counties. Mrs. Whitt also distributed a list of benefits of a merger of Guilford Center into Sandhills Center. Mrs. Whitt reminded the group the money contributed to the Sandhills Center by the County stays in county however Medicaid funding in the system is available throughout all nine counties. Mrs. Whitt reported this merger would give Sandhills Center a larger Medicaid base as it is funded per member per month. She responded the Sandhills Board is currently allowed 30 members of which Guildford County would hold the four vacant slots as well as two slots voluntarily surrendered by Randolph County. A pending senate bill may soon require the Board to reduce its size to 21 members. Mrs. Whitt noted the merger would make Sandhills Center the third largest Local Management Entities (LME) in the state. September 4, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 5of10 Commissioner Burgin moved to approve the Joint Resolution to Approve the Formation of a Nine County Area Authority to Operate as Sandhills Center for Mental Health, Developmental Disabilities and Substance Abuse Services in Anson, Guilford, Harnett, Hoke, Lee, Montgomery, Moore, Randolph, and Richmond Counties. Commissioner House seconded the motion which passed unanimously. (Attachment 3) Commissioner Burgin also thanked Mrs. Whitt and the Sandhills Center Board for working with the Good Hope Mental Health facility regarding funding. Mr. Sauer gave an overview of the process to -date regarding the proposed Highland Middle School. Mr. Sauer petitioned the Board for a public hearing regarding a Proposed Installment Financing Contract for Highland Middle School; and consider approval of Proposed Resolution of the Board of Commissioners of the County of Harnett, North Carolina, Authorizing the Negotiation of an Installment Financing Contract and Provided for Certain Other Related Matters. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. - Victoria Hall, 426 Green Spring Drive and President of Highland Elementary School's PTO, spoke in support of building a new middle school and presented over 500 signatures taken on petitions that read "We, as parents of Highland Elementary School students, understand that our schools are critically overcrowded and very respectfully demand that the Harnett County Commissioners put the needs of our children above all else and build Highland Middle School as soon as possible! Our children deserve the best we can offer!!" - The following citizens spoke about current conditions at our schools; and /or spoke against redistricting and bussing students to other schools within the County; and /or spoke in support of building a new middle school as well as using QSCB money with little or no interest: • Jim Kreeger, 52 Clearfield Drive in Angier • Daniel Glover, candidate for County Commissioner for District 3 • Lisa Fenzel of Carolina Lakes • Anne Flairity of Carolina Lakes in a letter read by Mrs. Fenzel • Rosemary Buerger of 76 Anson Lane • Joe Langley, 298 Kirk Adams Road in Angier and a candidate for the House of Representatives for District 3 • Tammy Pope of 61 Bluebird Court • Jennifer Moran of 67 Maple Wood Drive • Jessica Becherini of 51 Wolfpack Lane within Linden Oaks • Kala Fortin of 18 Boulder Drive • Kerri Burrell of 494 Crown Pointe • Kim Casey of 225 Skycroft Road • Jackie Kinnear of 444 Crown Point September 4, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 6of10 • Patricia Weeks of 51 Dover Court West • Jimmy McCormick of McCormick Road • Roberto Arellano of 143 Pinewood Road • Angela Stewart of Parkton Court West • Vince Schimmoller of 758 Carolina Way in Carolina Lakes • Sonya Holmes of 305 Page Road • Joe Miller of 136 Vick Keith Road and a candidate for county commissioner for District 5 also spoke in support of a retail tax increase • Ralph Darch of 345 Will Lucas Road also questioned misinformation available to the public on the Board of Education website • Gordon Springle of 540 Tippet Road in Angier and a candidate for county commissioner for District 3 also spoke against raising taxes to fund new school • Amy Perry, a parent advocate for the Autism Society of NC, and said she believes the overcrowding hurts special education more than most Vivian Bennett, Vice Chairman of the Harnett County Board of Education assured the group the Board of Education continues to do everything they can for the children. She invited commissioners to visit schools while in session in the western part of the county. Billy Tart, Chairman of the Harnett County Board of Education, said he is not pleased with the current situation. He noted the immediate need for five new schools in Harnett County. Mr. Tart thanked the Board of Commissioners for what they have done but said "if we believe our children are our most valuable resource then we need to spend the money." Mrs. Fenzel also questioned if any coordination was taking place between local public representatives and Fort Bragg representatives and if the county understood the demographics. She said there is a wealth of information in various different matters to be shared from the Department of Defense where she believes there should be greater partnership. Mrs. Fenzel noted the intent of an education board on post to build a charter school. Mrs. Fenzel said the medium income of the military families coming in to the community is $80,000. She asked commissioners to work with and educate the military families so they can help find a solution. Mrs. Fenzel asked about the possibility of private investments saying she believes there is money in the county and said they really need to be more creative. Chairman McNeill clarified that Harnett County receives less than $150 from the federal government per child and assured the group that Harnett County representatives have worked hard to develop relationships and partnerships with all parties involve; find creative solutions, researched the impact aid formula; and considered many other options. Seeing no one else move, Chairman McNeill closed the public hearing. Commissioner House said board members believe there needs to be a new school out there. He mentioned a constituent of his who recently removed his son from Overhills School due to issues there that he would discuss with the Superintendent later. September 4, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 7of10 Commissioner House said he called the Local Government Commissioner (LGC) regarding the proposed resolution and concluded some things in the resolution were good but he believed some things needed to be changed. He said he was told that this resolution was not a required document yet a document suggested by our bond counsel. Commissioner House said he did not think the resolution should state that taxes will be raised if the county can find another way to make those payments. He said he was for this new school and has been since the beginning but said it would take a $0.30 tax increase to build the five new schools needed and the Department of Defense has got to help. He supports a group of commissioners, Board of Education, and citizens working together try to get help from the federal government. Commissioner Burgin requested the help of the military families. He said the county was promised over $70 Million for schools that they never received. He stressed the Board of Commissioners understands the need for new schools but he believes they need a different ways to do it. Commissioner Burgin said he supports a sales tax increase if property taxes could be lowered. He said the reevaluation a few years prior resulted in a 20% to 25% tax increase for citizens and now with the proposed 7 percent that would result in property taxes increase of 32% over a couple of years. Commissioner Burgin said unemployment is over 11% and the county has spent about $15 Million in Economic Development and he believes there is a smarter way to spend money. He said this Board of Commissioners has promoted five tax increases over the last four years. Commissioner Burgin said he wanted to vote for this school but had issue with the wording of the resolution. Commissioner Burgin asked citizens how many of them would be willing to support a special tax district for schools in western Harnett which Chairman McNeill responded he was against. Chairman McNeill said we are one county of 122,000 citizens and every citizen should expect and demand the same consideration for the same services regardless of where they live. Chairman McNeill clarified that $.055 cents of the proposed 7 percent increase is for existing debt with only $.013 cents of the proposed increase for the proposed new school which he felt the sales tax increase, if passed, would cover the yearly payments for the proposed middle school. He said the resolution was crafted by our bond counsel so it would pass the LGC. He said he feared if they altered the resolution they could jeopardize potential funding. Chairman McNeill said he believes the resolution should be approved as written as it does not bind the Board if they come up with a different funding method. Commissioner Burgin asked the County Attorney Snow if commissioners could vote on the school and the resolution as two separate items. Commissioner Burgin requested that they strike Section 3 from the resolution and asked if that edit would materially change the resolution. Mr. Snow responded that Michael Juby, bond counsel, had put the resolution together along with representatives from Davenport in reference to their meeting with the LGC. Mr. Ted Cole with Davenport responded that the particular language in the resolution was drafted primarily at the LGC's request to be very specific September 4, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 8 of 10 about the plan of finance as it is understand today. Mr. Cole said there is an element of an equivalent tax rate adjustment that would be needed in FY 2014 associated with debt on the books today and a different number associated with the proposed financing. Mr. Cole said they had spent a lot of time with the LGC and shared with them all the planning that has been done. The first section of the resolution is an estimate of what is required to bring a balanced budget in Fiscal 2014 which is approximately $.055. and if the financing goes through it addresses the existing debt on the books today but also addresses the potential new debt but says so in an approximate way. Mr. Cole said the LGC requested language in the resolution that states "The County Manager is hereby directed to include in his proposed budget for the fiscal year ending June 30, 2014, an increase in the County's real property tax rate in the amount of $0.055 per $100.00 of assessed valuation, or such other amount acceptable to the LGC as the County Manager and Finance Office determine to be necessary to meet the County's existing debt service obligations and to pay sums estimated to fall due under the Contract ". Mr. Cole said if you found and demonstrated a way to achieve the funding in another sustainable way you would not be required to include tax increase. Commissioner Burgin stated the county had corrected its fund balance from 8.8 percent to 15 percent within one year instead of 5 years as anticipated. Commissioner Burgin asked Mr. Snow; is his legal opinion, did this resolution materially handcuff this Board in any way. Mr. Snow responded that the resolution does not bind the Board. He noted the directive to the County Manager and Finance Officer to include the increase in the proposed budget does not mandate commissioners to approve it. Mr. Snow said in detailed discussion with Mr. Juby, it was confirmed that this does not bind the Board but it does let the LGC know that the Board is serious about being able to back up these programs with some financing and any alternatives of what that financing is. Commissioner Burgin moved to accept the Resolution of the Board of Commissioners of the County of Harnett, North Carolina, Authorizing the Negotiation of an Installment Financing Contract and Provided for Certain Other Related Matters. Commissioner Andrews seconded the motion. Commissioner House told Mrs. Fenzel he believed she would be a very good person organize a committee to go to DoD, our state legislators and our congressman. The motion passed unanimously. (Attachment 4) Commissioner Andrews moved to approve the Harnett County Board of Education's request to add the % cent county wide sales tax referendum to the ballot in the upcoming November elections. The motion was seconded by Vice Chairman Hill. Commissioner Burgin moved to amend the motion to support the % cent sales tax but drop the property tax 1/2 cent and delay the revaluation for 4 years or the complete 8 years allowed. Mr. Snow clarified that commissioners were only being asked to ask the Harnett County Board of Elections to have a special elections putting the referendum before the people. Commissioner Burgin withdrew his amendment. The motion to approve the Harnett County Board of Education's request to add the 1/4 cent county wide sales tax referendum to the ballot in the upcoming November elections was approve unanimously. (Attachment 5) September 4, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 9of10 Mr. Sauer presented the following report and request: - Report: July 2012 Depar lucent of Public Health Activities Summary - Donation request: Friends of the Howard House Commissioner House moved that the Board go into closed session to discuss matters relating to the location or expansion of industries or other businesses in Harnett County. Vice Chairman Hill seconded the motion which passed unanimously. Vice Chairman Hill moved that the Board come out of closed session. Commissioner Andrews seconded the motion which passed unanimously. Chairman McNeill called for any new business. Vice Chairman Hill moved to give the Harnett County Arts Council $3000. The motion was seconded by Commissioner Burgin and passed unanimously. Commissioner House inquired about issues raised concerning Valley Road and Overhills Creek Road. Mr. Sauer responded that staff was working with NC DOT on those issues. Commissioner Burgin asked Mr. Sauer to arrange for commissioners to visit a couple of the schools in the near future. Vice Chairman Hill said she felt a good point was made that the service men and women need to put pressure on too because we can't continue at the rate we are going. She said it is part of their responsibility to assume some of this work and making these contacts. Chairman McNeill said there is a lot of miscommunication out there that needs to be clear up too. At 12:15 pm Commissioner Burgin move Hill, the motion passed unanimously. 7;�j,,6/Z Timothy I:. cNeill, Chairman d�1R M rn the meeting. Seconded by Vice Chairman et Regina eeler, Clerk September 4, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 10 of 10 Approved by the Harnett •,;(...mity Board of Commissioners / ATTACHMENT 1 Date : 09 /04/2012 I eV' k Approved By : TO : HARNETT COUNTY 134CARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES No. Name of Tax Payer ; Pen�(tiesand But 1 BRYANT, PRENTICE TYINAN 97 CAROLINA OAKS CIR LINDEN, NC 283568883 LINDEN, NC, 28356 - 8883 2 EADS, BOBBIE D 146 STEWART FARM LANE SPRING LAKE NC, 28390 3 LARSON, BRIDGETT ANN DAVID, LARSON 332 PINE ST LILLINGTON NC, 27546 - 0000 4 LARSON, BRIDGETT ANN DAVID, LARSON 332 PINE ST LILLINGTON NC, 27546 - 0000 5 LARSON, BRIDGETT ANN DAVID, LARSON 332 PINE ST LILLINGTON NC, 27546 - 0000 6 LARSON, BRIDGETT ANN DAVID, LARSON 332 PINE ST LILLINGTON NC, 27546 - 0000 7 LARSON, BRIDGETT ANN DAVID, LARSON 332 PINE ST LILLINGTON NC, 27546 - 0000 8 TURLINGTON, NELLIE IRENE 413 SOUTH RAILROAD ST COATS NC 275210000 COATS NC, 27521 - 0000 9 TURLINGTON, NELLIE IRENE 413 SOUTH RAILROAD ST COATS NC 275210000 COATS NC, 27521 - 0000 10 TURLINGTON, NELLIE IRENE 413 SOUTH RAILROAD ST COATS NC 275210000 COATS NC, 27521 - 0000 11 TURLINGTON, NELLIE IRENE 413 SOUTH RAILROAD ST 0001764637- 2010- 2010- 000000 0000038818 -2011- 2011 - 000000 0000030342- 2007- 2007- 000000 0000030342- 2008- 2008- 000000 0000030342- 2009- 2009- 000000 0000030342- 2010- 2010- 000000 0000030342- 2011- 2011- 000000 0000055155- 2007- 2007- 000000 0000055155- 2008- 2008- 000000 0000055155- 2009- 2009- 000000 City 0.00 County 72.58 City 0.00 County 109.02 City 0.00 County 37.50 City 0.00 County 45.00 City 0.00 County 45.00 City 0.00 County 45.00 City 0.00 County 50.00 City(CI03) 37.20 County 161.40 City(CI03) 37.20 County 183.90 City(CI03) 44.00 County 199.40 0000055155- 2010- 2010- 000000 City(C103) 44.00 Total Request Refund Status 72.58 Refund Reason Military Exemption Rebilled to remove Elderly 109.02 Refund Exemption status Only one home on property; 37.50 Refund refund solid waste fee Only one home on property; 45.00 Refund refund solid waste fee Only one home on property; 45.00 Refund refund solid waste fee Only one home on property; 45.00 Refund refund solid waste fee Only one home on property; 50.00 Refund refund solid waste fee Land Double - 198.60 Refund Listed Land Double - 221.10 Refund Listed Land Double - 243.40 Refund Listed 243.40 Refund Land Double- COATS NC 275210000 COATS NC, 27521 - 0000 12 TURLINGTON, NELLIE IRENE 413 SOUTH RAILROAD ST COATS NC 275210000 COATS NC, 27521 - 0000 13 YOUNG, MARK SPENCER 11 HAYDEN LN CAMERON, NC 283266156 CAMERON, NC, 28326 - 6156 WM. A. TONY WILDER Revenue Administrator CC: WM. A. TONY WILDER 0000055155 -2011 -2011- 000000 0001971236- 2011- 2011- 000000 County 199.40 City(C103) 47.20 County 214.40 City 0.00 County 158.18 City Total County Total Total to be Refunded Listed Land Double - 261.60 Refund Listed Military 158.18 Refund Exemption 209.60 1,520.78 1,730.38 ATTACHMENT 2 Harnett COUNTY A RESOLUTION BY HARNETT COUNTY CELEBRATING CRAVEN COUNTY'S 300TH ANNIVERSARY www.harnett.org WHEREAS, Craven County is celebrating its 300th Anniversary having been established in 1712 and having been named in honor of William, Earl of Craven, who lived from 1606 — 1697; and WHEREAS, Craven County, being situated between the Albemarle Sound and Cape Fear River, grew in size and importance during the mid 18th century, due to the significance of its county seat, New Bern, as a river port; and WHEREAS, Craven County, in the 19th century, continued to flourish as the railroad served to further New Bern's commercial dominance, wealth and cultural sophistication; and WHEREAS, Craven County, in the 20th century, welcomed the military into its community with the establishment of Marine Corps Air Station Cherry Point. This development translated into new prosperity for the area, as well as greater diversity; and WHEREAS, Craven County was where the first state legislators met; where the first postal service in North Carolina and first post office under the Republic were established; was home of the first public banking institution in North Carolina as well as having the first incorporated school in North Carolina. NOW, THEREFORE BE IT RESOLVED by the Harnett County Board of Commissioners that the Board takes great pleasure on behalf of the citizens of Harnett County in congratulating and saluting Craven County for its vital role in North Carolina's history and future as Craven County continues to advance its motto which is Virtus in Actione Consistit which translates Virtue Consists in Action. Duly adopted this the 4th day of September 2012. HARNETT COUNTY BOARD OF COMMISSIONERS Beatrice B. 14d1, V e Chair 74(994t. e_ Gary `House strong roots • new growth . McNeill, Chair ATTACHMENT 3 STATE OF NORTH CAROLINA COUNTY OF HARNETT JOINT RESOLUTION TO APPROVE THE FORMATION OF A NINE COUNTY AREA AUTHORITY TO OPERATE AS SANDHILLS CENTER FOR MENTAL HEALTH, DEVELOPMENTAL DISABILITIES AND SUBSTANCE ABUSE SERVICES IN ANSON, GUILFORD, HARNETT, HOKE. LEE, MONTGOMERY, MOORE, RANDOLPH, AND RICHMOND COUNTIES This resolution by the Board of Commissioners of Harnett County; WITNESSETH: WHEREAS, the Board of Commissioners of the counties of Anson, Harnett, Hoke, Lee, Montgomery, Moore, Randolph, and Richmond have established an Area Mental Health Authority under the name of Sandhills Center for Mental Health, Developmental Disabilities and Substance Abuse Services ( "Sandhills Center "); and WHEREAS, the Board of Commissioners of Guilford County has established an Area Mental Health Authority under the name of Guilford County Area Mental Health, Developmental Disabilities, and Substance Abuse Authority ( "Guilford Center "); and WHEREAS, Sandhills Center, Guilford County and Guilford Center have voluntarily engaged in amicable affiliation discussions with the intent to merge into an entity that will serve all nine counties that will be served by the post - merger entity and that will satisfy the requirements of the legislation entitled An Act to Establish Requirements for the Department of Health and Human Services and Local Management Entities with Respect to Statewide Expansion of the 1915(b)(c) Medicaid Waiver, S.L. 2011 -264; and WHEREAS, Sandhills Center, Guilford County and Guilford Center intend to enter into a formal written agreement to set out terms and conditions upon which the entities separate area authorities would effectively merge and reorganize to form a single area authority, which would carry out the local management entity functions within the nine county area, (the "Agreement "); and WHEREAS, with the authority and consent of the Board of Commissioners of Guilford County, the Guilford Center will cease to exist as a legal and recognized entity and cease doing business in its catchment area effective at midnight on December 31, 2012, and Sandhills Center will commence management and oversight of services and financial management in the catchment area of Guilford County at 12:00 a.m. on January 1, 2013, pursuant to the Agreement; and WHEREAS, the Board of Commissioners of Harnett County consents to the Guilford Center's termination of the management and oversight of services and to Sandhills Center commencing the management and oversight of services in the catchment area of Guilford County; and WHEREAS, prior to the merger of Sandhills Center and Guilford Center into a single area authority, the Agreement shall document plans for the retention and disposition of: (i) business, administrative and financial records of Guilford Center; and (ii) any patient medical records in the custody of Guilford Center. The provisions of the Agreement shall ensure compliance with any applicable federal or state laws including, but not limited to, the protection of confidentiality related to health information and specific record retention and disposition requirements applicable to North Carolina local management entities; and WHEREAS, both Sandhills Center and Guilford Center have recommended to their constituent counties that these two distinct area programs should merge to form a single area authority pursuant to the terms of the proposed Agreement; and WHEREAS, Guilford Center has represented that they will properly advertise and hold a public hearing satisfying the requirements of N.C. Gen. Stat. 122C- 115.3(d), to the extent applicable, on or before September 15, 2012; and WHEREAS, Sandhills Center, as the post merger, surviving entity, has represented that it will properly advertise and hold a public hearing satisfying the requirements of N.C. Gen. Stat. § 122C- 115.3(d), to the extent applicable and if necessary, on or before September 15, 2012; WHEREAS, the Board of Commissioners of Harnett County consents to the merger between Guilford Center and Sandhills Center to include commencing the management and oversight of services in the catchment area of Anson, Harnett, Hoke, Lee, Montgomery, Moore, Randolph, Richmond and Guilford Counties; and WHEREAS, the Board of Commissioners of Harnett believes it will be in the best interests of the citizens of all of the applicable counties to have the Sandhills Center catchment area include Guilford County effective January 1, 2013, under the terms and conditions set forth below; NOW, BE IT RESOLVED JOINTLY by the Anson County Board of Commissioners, the Harnett County Board of Commissioners, the Hoke County Board of Commissioners, the Lee County Board of Commissioners, the Montgomery County Board of Commissioners, the Moore County Board of Commissioners, the Randolph County Board of Commissioners, the Richmond County Board of Commissioners and the Guilford County Board of Commissioners, as follows: 1. Sandhills Center for Mental Health, Developmental Disabilities and Substance Abuse Services' commencement of the management and oversight of services in Guilford County effective January 1, 2013. To satisfy the requirements of the legislation entitled An Act to Establish Requirements for the Department of Health and Human Services and Local Management Entities with Respect to Statewide Expansion of the 1915(b)(c) Medicaid Waiver, S .L. 2011 -264, effective January 1, 2013, Guilford Center shall merge with Sandhills Center into a single area authority to carry out the local management entity functions within the nine county area. 2. Status, Powers and Duties of Sandhills Center for Mental Health, Developmental Disabilities, and Substance Abuse Authority. Sandhills Center for Mental Health, Developmental Disabilities, and Substance Abuse Services, as the post - merger, surviving entity, shall be a local political subdivision of the State of North Carolina pursuant to N.C.G.S. §122C, and shall have all powers and duties conferred upon it by that statute. 3. Structure of the Board. Effective January 1, 2013, the Area Board of Sandhills Center for Mental Health, Developmental Disabilities, and Substance Abuse Services shall meet the requirements of N.C.G.S. §122C -118.1 and be comprised of thirty (30) members. All board members serving on the Sandhills Center Board prior to January 1, 2013, shall carry out their existing terms and shall not require new appointment. To the extent necessary, each county shall appoint one County Commissioner to sit on the Board, which member shall be the "appointing member" for that county with respect to other Board members appointed from that county. Four (4) of the Board members shall be chosen by the appointing Commissioner of Randolph County; three (3) of the Board members shall be chosen by the appointing Commissioner from Moore County; one (1) of the Board members shall be chosen by the appointing Commissioner from Anson County; two (2) of the Board members shall be chosen by the appointing Commissioner from Richmond County; one (1) of the Board members shall be chosen by the appointing Commissioner from Montgomery County; one (1) of the Board members shall be chosen by the appointing Commissioner from Hoke County; one (1) of the Board members shall be chosen by the appointing Commissioner from Lee County; three (3) of the Board members shall be chosen by the appointing Commissioner from Harnett County and five (5) of the Board members shall be chosen by the appointing Commissioner from Guilford County. The County Commissioners appointed to the Board shall make the appointments pursuant to N.C.G.S. §122C- 118.1. The number of appointments assigned to each county will remain in effect until the Boards of Commissioners for each county agree to modify the number of appointments assigned to each county. With the passage of Senate Bill 191, effective October 1, 2013, the number of Board members will be reduced to twenty -one (21) to comply with the new law. Each county will have two (2) Board members with the exception of Randolph County, which will have three (3) Board members and Guilford County, which will have four (4) Board members. One Board member from each County may be a County Commissioner provided that the remaining Board membership will be composed so as to meet the requirements of N.C. Gen. Stat. § 122C- 118.1(b). In the event Senate Bill 191 is not in effect on October 1, 2013, the Board membership shall remain as constituted effective January 1, 2013. In the event the maximum number of Board members is otherwise changed or modified through pending or future legislative measures, Sandhills Center shall comply with all such changes or modifications as of the effective date of any such measure and each county shall maintain the current pro -rata representation on the Board to the fullest extent possible. Notwithstanding any such changes or modifications in the law, it is agreed that to the extent it is possible, all counties shall have at least two (2) Board membership positions on the Board at any given time. 4. Organization of the Area Board. The Sandhills Center Area Board shall elect a chairman, a vice - chairman and a secretary, and shall be organized as provided by N.C.G.S. §122C-119. 5. Budget and Audit Requirements, Prior to the merger, Guilford County shall select a certified public accountant or an accountant who is subsequently certified by the Local Government Commission to conduct an audit pursuant to N.C. Gen. Stat. § 122C- 115.3(e). Upon completion of the merger, Sandhills Center for Mental Health, Developmental Disabilities, and Substance Abuse Services, as the post- merger, surviving entity, shall maintain its budget, in accordance with Article 3 of Subchapter III of Chapter 159 of the General Statutes, the Local Government Budget and Fiscal Control Act, as required by N.C.G.S. §122C- 144.1(c). A copy of this audit shall be given to the County Commissioners of each constituent county of the Area Authority. 6. Amendment. This Resolution may be amended by a Resolution jointly approved by the Boards of Commissioners of the counties of Anson, Harnett, Hoke, Lee, Montgomery, Moore, Randolph, Richmond, and Guilford. 7. Effective Date. This Joint Resolution shall be effective as of January 1, 2013. ADOPTED AND RATIFIED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY. This, the 14 day of ATTEST: Clerk ?r t���.► -� ,2010/. By: HARNETT COUNTY BOARD OF COMMISSIONERS 1,444, ATTACHMENT 4 EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS Parker Poe Draft — 08/29/12 A regular meeting of the Board of Commissioners (the "Board") of the County of Harnett, North Carolina (the "County ") was held on Tuesday, September 4, 2012, at 9:00 a.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, Timothy B. McNeill, Chairman of the Board presiding and the following Commissioners present: Commissioners Present: Timothy B. McNeill, Chaiiivan Beatrice B. Hill, Vice Chairman Jim Burgin, Commissioner Gary House, Commissioner Dan Andrews, Commissioner Commissioners Absent: None * * * * * * * * * Commissioner Jim Burgin moved that the following resolution (the "Resolution "), a copy of which was available with the Board and which was read by title: RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT FINANCING CONTRACT AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO WHEREAS, the County of Harnett, North Carolina (the "County ") is a validly existing political subdivision of the State of North Carolina, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina (the "State "); WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina to (1) purchase real and personal property, (2) enter into installment purchase contracts in order to finance the purchase of real and personal property used, or to be used, for public purposes, and (3) grant a security interest in some or all of the property purchased to secure repayment of the purchase price; WHEREAS, the Board hereby determines that it is in the best interest of the County to enter into (1) an installment financing contract (the "Contract ") under Section 160A -20 of the General Statutes of North Carolina (the "Act ") in order to pay the capital costs of acquiring, constructing, furnishing and equipping a new Highland Middle School (the "Project ") and (2) a deed of trust, security agreement and fixture filing (the "Deed of Trust ") related to all or a portion of the County's fee simple interest in the real property on which Highland Middle School will be located, together with the improvements thereon, to provide security for the County's obligations under the Contract; WHEREAS, the County hereby determines that (1) the Project is essential to the County's proper, efficient and economic operation and to the general health and welfare of its inhabitants; (2) the Project PPAB 1995835v3 will provide an essential use and will permit the County to carry out public functions that it is authorized by law to perform; and (3) entering into the Contract and Deed of Trust is necessary and expedient for the County by virtue of the findings presented herein; WHEREAS, the County hereby determines that the Contract allows the County to purchase the Project and take title thereto at a favorable interest rate currently available in the financial marketplace and on terms advantageous to the County; WHEREAS, the County hereby determines that the estimated cost of financing the Project is an amount not to exceed $31,500,000 and that such cost exceeds the amount that can be prudently raised from currently available appropriations, unappropriated fund balances and non -voted bonds that could be issued by the County in the current fiscal year pursuant to Article V, Section 4 of the Constitution of the State; WHEREAS, although the cost of financing the Project pursuant to the Contract is expected to exceed the cost of financing the Project pursuant to a bond financing for the same undertaking, the County hereby determines that the cost of financing the Project pursuant to the Contract and Deed of Trust and the obligations of the County thereunder are preferable to a general obligation bond financing or revenue bond financing for several reasons, including but not limited to the following: (1) the cost of a special election necessary to approve a general obligation bond fmancing, as required by the laws of the State, would result in the expenditure of significant funds; (2) the time required for a general obligation bond election would cause an unnecessary delay which would thereby decrease the financial benefits of acquiring the Project; and (3) no revenues are produced by the Project so as to permit a revenue bond financing; WHEREAS, the County has determined and hereby determines that the estimated cost of financing the Project pursuant to the Contract reasonably compares with an estimate of similar costs under a bond financing for the same undertaking as a result of the findings delineated in the above preambles; WHEREAS, in order (1) to meet the County's existing debt service obligations and (2) to pay sums estimated to fall due under the Contract, the County anticipates that it will be necessary to increase the County's real property tax rate by approximately $0.055 per $100.00 of assessed valuation for the fiscal year ending June 30, 2014, which increase is not considered excessive; WHEREAS, certain additional resources, including revenues from the State of North Carolina Lottery, are expected to provide funds for debt service and school capital needs; WHEREAS, if any such additional resources prove inadequate, an additional increase in the County's real property tax rate may be required, which additional increase will not be considered excessive; WHEREAS, Parker Poe Adams & Bernstein LLP, as special counsel ( "Special Counsel "), will render an opinion to the effect that entering into the Contract and the transactions contemplated thereby are authorized by law; WHEREAS, no deficiency judgment may be rendered against the County in any action for its breach of the Contract, and the taxing power of the County is not and may not be pledged in any way directly or indirectly or contingently to secure any moneys due under the Contract; WHEREAS, the County is not in default under any of its debt service obligations; WHEREAS, the County's budget process and Annual Budget Ordinance are in compliance with the Local Government Budget and Fiscal Control Act, and external auditors have determined that the PPAB 1995835v3 County has conformed with generally accepted accounting principles as applied to governmental units in preparing its Annual Budget ordinance; WHEREAS, past audit reports of the County indicate that its debt management and contract obligation payment policies have been carried out in strict compliance with the law, and the County has not been censured by the North Carolina Local Government Commission (the "LGC"), external auditors or any other regulatory agencies in connection with such debt management and contract obligation payment policies; WHEREAS, a public hearing on the Contract was held on September 4, 2012; and WHEREAS, approval of the LGC with respect to entering the Contract must be received. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS: Section 1. Authorization to Negotiate the Contract. The County Manager and the Finance Officer, with advice from the County Attorney and Special Counsel, are hereby authorized and directed to negotiate on behalf of the County for the financing of the Project for a principal amount not to exceed $31,500,000 under the Contract to be entered into in accordance with the provisions of the Act and to provide in connection with the Contract, as security for the County's obligations thereunder, the Deed of Trust conveying a lien and interest in all or a portion of the County's interest in the real property on which Highland Middle School will be located and the improvements thereon, as may be required by the entity or entities, or their respective assigns, providing the funds to the County under the Contract. Section 2. Application to LGC. The Finance Officer or her designee is hereby directed to file with the LGC an application for its approval of the Contract and all relevant transactions contemplated thereby on a form prescribed by the LGC and to state in such application such facts and to attach thereto such exhibits regarding the County and its financial condition as may be required by the LGC. Section 3. Budget for Fiscal Year Ending June 30, 2014. The County Manager is hereby directed to include in his proposed budget for the fiscal year ending June 30, 2014 an increase in the County's real property tax rate in the amount of $0.055 per $100.00 of assessed valuation, or such other amount acceptable to the LGC as the County Manager and Finance Officer determine to be necessary to meet the County's existing debt service obligations and to pay sums estimated to fall due under the Contract. Section 4. Repealer. All motions, orders, resolutions and parts thereof in conflict herewith are hereby repealed. Section 5. Effective Date. This Resolution is effective on the date of its adoption. On motion of Commissioner Jim Burgin the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT FINANCING CONTRACT AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" was duly adopted by the following vote: AYES: 5 NAYS: 0 PPAB 1995835v3 STATE OF NORTH CAROLINA Ss: COUNTY OF HARNE I 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 "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT FINANCING CONTRACT AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" adopted by the Board of Commissioners of the County of Harnett, North Carolina, at a meeting held on the 4th day of September, 2012. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 4th day of September, 2012. PPAB 1995835v3 ki141" MARGARET REGIN WHEELER Cler o the Board County of Harnett, North Carolina ATTACHMENT 5 RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS TO PLACE A ONE- QUARTER CENT (114¢) LOCAL OPTION SALES TAX VOTER ADVISORY REFERENDUM ON THE NOVEMBER 6, 2012 BALLOT WHEREAS, the Harnett County Board of Commissioners has a record of responsiveness to the capital needs of the public school system in providing adequate facilities; and WHEREAS, Harnett County is facing unprecedented growth pressures as indicated by the 2010 census and State projections indicate these trends will continue for the next two decades as the third fast growing County in North Carolina; and WHEREAS, the County's fiscal condition is stressed with a significant debt load, depleted fund balance reserves, and a structural budget deficit; and WHEREAS, the governing body is actively working to analyze its fiscal position and is taking steps to correct the County's fiscal condition; and WHEREAS, there exists immediate need for new construction of a new Harnett Central Elementary School and a new Highland Middle School; and WHEREAS, there are projected short term capital needs for school construction of new Western Harnett and Southwest Harnett Elementary Schools; and WHEREAS, there is a projected long term capital need for a new Highland High School, and the sum of these capital needs is in excess of $146 million dollars; and WHEREAS, the financial burden to provide these education facilities should not be placed solely on the land owners, and property taxpayers of Harnett County citizens, working families, and retirees; and WFIEREAS, Article 46 of the North Carolina General Statutes provides that a board of county commissioners may direct the county board of elections to conduct an advisory referendum on the question of whether to levy a local sales tax and use tax in the county with said election to be held on a date jointly agreed upon by the board of county commissioners and the board of elections, and the Harnett County Commissioners desire to do so through this Resolution. NOW, THEREFORE BE IT RESOLVED, that the Harnett County Board of Commissioners does hereby call upon the Harnett County Board of Elections to conduct a special election by placing a one - quarter cent (1/40) local option sales tax voter advisory referendum on the November 6, 2012 ballot pursuant to the provisions of Article 46 of the North Carolina General Statutes; and further, that the Harnett County Board of Elections publish a legal notice of this special election not less than 45 days prior to November 6, 2012 pursuant to N.C. Gen. Stat. § 163 -287. Adopted this 4th day of September 2012. ATTEST: 'HARNETT COUNTY BOARD OF COMMISSIONERS Mare,'; ret Regina eeler. Clerk Neill, Chairman