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HomeMy WebLinkAbout031615mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting March 16, 2015 The Harnett County Board of Commissioners met in regular session on Monday, March 16, 2015, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North. Carolina. Members present: Staff present: Jim Burgin, Chairman Gordon Springle, Vice Chairman Abe Elmore, Commissioner Barbara McKoy, Commissioner Joe Miller, Commissioner Joseph Jeffries, Interim County Manager Paula Stewart, Interim Deputy County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Chairman Burgin called the meeting to order at 7:00 pm. Boy Scout Troop 794 Scout Master Jim Martin led the pledge of allegiance. Vice Chairman Springle gave the invocation. Chairman Burgin called for additions and deletions to the published agenda. Commissioner Miller moved to approve the agenda as presented. Vice Chairman Springle seconded the motion which passed unanimously. Vice Chairman Springle moved to approve the following items listed on the consent agenda. Commissioner McKoy seconded the motion which passed unanimously. 1. Minutes: March 2, 2015 Regular Meeting 2. Budget Amendments: 273 Airport Code 110- 6500- 406.43 -16 110 -0000- 356.30 -00 276 Public Buildings Code 110 -4700- 410.74 -74 110- 4700 - 410.43 -17 283 Emergency Services Code 110 -5300- 420.60 -33 110- 0000 - 356.30 -00 Maintenance & Repair Equipment General Funds — Insurance Claims Capital Outlay — Equipment Maintenance & Repair Equipment Materials & Supplies Reimbursement Insurance Claim 893 increase 893 increase 12,909 increase 12,909 decrease 249 increase 249 increase March 16, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 7 299 Governing Body Code 110 -4100- 410.33 -44 Assistant District Attorney 110- 0000 - 399.00 -00 Fund Balance Appropriated 32,690 increase 32,690 increase 3. Tax refunds, rebates and release (Attachment 1) 4. Resolution to add roads to state system (Attachment 2) 5. Resolution of the Board of Commissioners of the County of Harnett, North Carolina, Authorizing the Negotiation of an Amendment to an Installment Purchase Contract and Providing for Certain Other Related Matters Thereto. (Attachment 3) 6. Resolution of the Board of Commissioners of the County of Harnett, North Carolina, Directing the Application to the Local Government Commission for Approval of an Enterprise Systems Revenue Refunding Bond; Requesting Local Government Commission Approval of the County's Enterprise Systems Revenue Refunding Bond and Certain Related Matters. (Attachment 4) 7. The Angier Kiwanis Club requested waiver of rental fee for the use of the Commons Area meeting room for their upcoming 100th Anniversary of Kiwanis Meeting. 8. Approval of revised 2015 Schedule of Meetings of the Harnett County Board of Commissioners 9. Order the Tax Administrator to advertise, pursuant to NC G.S. 105 -369, unpaid taxes for the fiscal year 2014 -2015 that constitute a lien on real property. Currently the unpaid taxes and interest total $2,430,393.43. Chairman Burgin opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. — Jerry Revas of 364 Twin Ponds Road in Sanford said he had done some math concerning distances for the explosive discharge and any kind of distance would probably in effect ban the stuff given the acreage required. Mr. Revas asked commissioners to consider adopting an ordinance similar to one in Cumberland County where if you violate a No- Contact Order you are arrested immediately and are held until a show -cause hearing can be held. He said his family has had an eight year on -going dispute with their neighbor and are on their second No- Contact Order. — John F. Smith Sr. of 780 Leslie Campbell Avenue in Buies Creek, speaking as the President of the Shawtown High School Alumni Association, asked the commissioners to please consider turning the old Shawtown High School facility over to the Shawtown High School Alumni Association instead of disposing and/or demolishing the facility. The Shawtown High School Alumni Association asked for the opportunity to make the facility an asset to the Shawtown community and to the entire county. He said they would do everything possible to make it become an asset and would certainly keep the County informed as they moved forward. March 16, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 7 Chairman Burgin recognized Bill Morris, Chaiiiiian of the Harnett County Board of Education. Vice Chairman Springle moved to approve the appointments listed below. Commissioner Miller seconded the motion which passed unanimously. SOUTHEASTERN ECONOMIC DEVELOPMENT COMMISSION Abe Elmore (nominated by Vice Chairman Springle) was reappointed to serve on this commission for a term of four years ending April 30, 2019. TOWN OF ERWIN — PLANNING BOARD ETJ MEMBER James Anthony Godwin of 181 Armstrong Street in Dunn (nominated by Vice Chairman Springle) was appointed to serve as an ETJ alternate member on the Town of Erwin Planning Board for a term of three years ending March 2, 2018. Randy Baker, Senior Zoning Inspector, petitioned the Board for a public hearing regarding the proposed Explosives Detonation Ordinance. The proposed ordinance is a police power ordinance requested by Harnett County Planning Services and will be administered by the Harnett County Sheriff's Office. The reason for the ordinance is increased concerns over the life, health and safety of Harnett County citizens, as related to the unregulated detonation of explosives. Mr. Baker gave a brief introduction noting the ordinance is to regulate the detonation of explosives and cited regulatory authority granted by N.C. General Statute 153A- 128. Mr. Baker reviewed the proposed ordinance development and review summary provided to commissioners. The initial ordinance was drafted by Harnett County Planning Department staff in April 2014. Mr. Baker noted the proposed ordinance was also reviewed by the review panel comprised of citizens representing all districts of the county. Draft #5 of the proposed ordinance went to the Harnett County Planning Board on February 2, 2015, where they voted unanimously to approve as submitted, with a favorable recommendation. The Harnett County Board of Commissioners, during their February 10th work session, requested further review of a few items and the current proposed ordinance under consideration is Draft #6. Chairman Burgin called to order a public hearing on the matter and opened the meeting for comments from the public. - Wendy Criss of 551 Fred Burns Road said when you hear such a loud bang you think someone has hit your house with a car or a plane flew in to it; her whole house shakes and it scares the daylights out of her. She said things have been very quit since the last meeting. Ms. Criss said she is surrounded by it and it has been going on for quite a while. She said she has health issues and is on pins and needles wondering when the next one is going to come. She said she would appreciate if they would go someplace else and set them off. — Aaron Schuler of 261 Highland Forest Drive said he lives close enough to Fort Bragg that they get that on a continual basis and honestly can't tell if its artillery firing, incoming, outgoing, military planes flying over and he doesn't know who is actually setting off the detonations. He said he would think rather than having an ordinance that covers explosives in general that they could amend the fireworks or noise ordinances. Mr. March 16, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 7 Schuler believes this can be accomplish other ways without nibbling at our second amendment rights. He said he enjoys shooting big, loud guns. Mr. Schuler said the federal government already regulates binary explosives even though he is sure people are mixing more than the limits. He said no one is enforcing the fireworks ordinance on the books right now so having another rule that is difficult to enforce is not the answer. — Al Williams said for the last three years people have been going haywire blowing stuff up. He said everyone in the county knows exactly who is doing it and whose property it is coming from; there is no mystery if it's Fort Bragg or someone blowing up fireworks or shooting a gun. Mr. Williams said people are having their homes shaken 4,000 to 5,000 feet from detonation and you don't really know what is being blown up. He said it really messes up animals, including farm animals, and is causing all types of problems for people trying to earn a living farming. Mr. Williams said it also causes problems for military veterans living with PTSD. He said there is absolutely no positives to allowing people to blow up explosives in a residential neighborhood. Mr. Williams said he has a petition with 70 signatures which includes some people who blow this stuff up but are fed up with others blowing up unregulated amounts. Mr. Williams also said this stuff is a fire hazard. He said he supports the requirement in the proposed ordinance of obtaining written consent of those within 1,500 feet from point of detonation. - Carl Reichenbach of 202 Clover Ridge in Neills Creek Farms said he does not see this as a gun issue but an issue of noise and danger. Mr. Reichenbach said the facts as he sees them are exploding targets are allowed, they explode, they are easily available, they are not that expensive and they can be used without discretion. He said there is no necessary purpose to an exploding target. Mr. Reichenbach said controlling this product with regulation is not going to work. He said this product affects his quality of life and his property value. Mr. Reichenbach said it is unrealistic for this Board to try to regulate this product which he believes will put an unfair and unrealistic burden on law enforcement. He said the product should be simply banned as there is not place in this county for an unnecessary dangerous product. — Paul Williams of 357 Wade Stevenson Road said he really doesn't care what it is, all he knows is it rocks his windows almost a mile away from his house. Mr. Williams said it is completely unnecessary, it serves no useful purpose and is a pure disturbance. He said this has nothing to do with the second amendment; the second amendment is not the right to bare bombs. Mr. Williams questioned why the language "The Sheriff of Harnett County, or his/her designee, shall be responsible for the administration and enforcement of this Ordinance" was removed from the Harnett County Firearms Discharge Ordinance. Sheriff Rollins responded that the removal of the language changes nothing; a misdemeanor is a violation in any ordinance. He noted the language was initially included due to the Chief District Court Judge's interpretation. Sheriff Rollins said if a misdemeanor is not committed in the presence of an officer, with a few exceptions, he cannot take action on that. Sheriff Rollins said he felt that that itself may be something for a defense attorney to hang his hat on; if we charge someone that's in the court for the hearing, the way it was set up it sounded like only the Sheriff could do that. Sheriff Rollins said by removing that language, it is a misdemeanor violation like any other misdemeanor that is on the books and is handled the same way judicially where a Deputy or citizen may have information that they can bring to the Magistrate in a charge. Mr. Williams also asked, referring to the proposed Explosives Detonation Ordinance, how March 16, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 7 does a person report a violation and start an investigation. Sheriff Rollins responded you call the Sheriff's Office, like with any misdemeanor, and they will investigate. — Robert Yost of 40 Pinecrest Way in Neills Creek Farms said in January of this year somebody set off a bomb, he said he wouldn't even call it an exploding target ". He said it shook his house. Mr. Yost said he was outside and could feel the concussion of the exploding target which momentarily caused pain in his ears. He said he called the Sheriff and discussed this with him. Mr. Yost said this activity has picked up significantly and is out of control. - Clifford Lynch of 1076 Willard Drive said one of the reasons he moved here three years ago from Atlanta was because of the peace and quiet the county offered. Mr. Lynch said just because it's legal doesn't necessarily make it right. He said the exploding targets interfere on his constitutional right to live in peace and quiet. Seeing no one else move, Chairman Burgin closed the public hearing. Mr. Baker clarified that this ordinance is not directed specifically toward exploding targets however that is one of the component of the ordinance. Mr. Baker said this ordinance deals with anything that has an explosive reaction. He noted these products are sold at as common household chemicals in unlimited amounts at local hardware and sporting goods stores however when you mix them together you create a binary explosive. Mr. Baker said they have seen, through their research, 35 pounds of this material mixed together throw a mid -size car approximately 15 feet in the air. He said there is no regulation on the simple target materials. Mr. Baker said an individual demolishing a building would be regulated through federal and state laws. ATF said they cannot do anything unless something is done at the state legislature because at this point is not illegal the way the chemicals are manufactured and sold. Commissioner Miller noted that during a demonstration at Range 37 they shot a pound of material which Mr. Baker confirmed resulted in decimal levels in the 70ies at 1,500 feet. Mr. Baker said the sound of the gun actually fired to detonate that small of an amount was about the same decimal level but of course when you mix more material together you get a bigger boom, bigger noise, and bigger concussion. Vice Chaiiman Springle moved to adopt the Explosive Detonation Ordinance as presented. Commissioner McKoy seconded the motion which passed 4 to 1 with Commissioner Miller opposing. County Attorney Dwight Snow confirmed adoption of this ordinance as it was not changed significantly since its introduction. Mr. Baker petitioned the Board for a public hearing regarding the proposed text amendment to the Harnett County Firearms Discharge Ordinance. The proposed text amendment; Article 5 Administration, of the police power ordinance was requested by Harnett County Planning Services and Sheriffs Office and will be administered by the Harnett County Sheriff's Office. The reason for the proposed text amendment is to remove any misinterpretation of a citizen's right to seek legal actions against a violator. Mr. Baker clarified they are simply removing language so it does not lead to any misinterpretation of how this ordinance can be enforced. Chairman Burgin called to order a public hearing on the matter and opened the meeting for comments from the public. — Paul Williams of 357 Wade Stevenson Road confirmed that the previous ordinance was adopted. March 16, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 7 — Jerry Revas of 364 Twin Ponds Road in Sanford requested clarification from Sheriff Rollins on how someone would report a violation of the Harnett County Firearms Discharge Ordinance. Seeing no one else move, Chairman Burgin closed the public hearing. Vice Chairman Springle moved to adopt the proposed text amendment to the Harnett County Firearms Discharge Ordinance as presented. Commissioner Miller seconded the motion which passed unanimously. Mr. Jeffries presented the following reports: - Harnett County Veteran Affairs Activities Report — February 2015 - Harnett County Planning Services Report — February 2015 - Interdepartmental budget amendments Mr. Jeffries noted the recent kick off of the Economic Development Strategic Plan and Land Use Plan for Harnett County. He said there have been multiple focus group meetings with a lot of participation and positive feedback. Chair�uan Burgin said he had been approached by the Angier Town Manager Coley Price who asked about the possibility of Ted Abernathy with Economic Leadership developing plans targeted for each individual town in the county once the county plan is complete. Chairman Burgin said this may result in an add -on. Commissioners asked Mr. Jeffries to follow up on this request. Mr. Jeffries shared a few preliminary budget numbers with the Board. Mr. Jeffries noted requests for 85 new full -time positions, 38 new part-time positions, capital totaling $2.3 million, and 44 new vehicles totaling $1.1 million. Mr. Jeffries also publicly introduced Paula Stewart as the new Interim Deputy County Manager. Chairman Burgin called for any new business. Commissioner Miller said we need to revisit the roadside trash issue in this county. He said he thinks we have enough people sitting in government confinement that could help us clean these roadsides up. He said it is a shame to ride through this county and look at the trash that is on the side of the roads which he believes the majority of the trash comes out of people's vehicles. Commissioner Miller also said we have a lot of areas in the county with burned out or abandoned houses. He said there are some areas in his district where ladies, whose husbands are deployed, are afraid to come out of their homes. Commissioner Miller believes if we can clean up some neighborhoods then those neighborhoods will be prosperous again. Mr. Jeffries responded that we already have an established process in place for taking care of these types of homes but the problem is the final steps require a financial obligation on the County's part to deconstruct these facilities. Staff confirmed that any abatement cost could be put back on the property owner in the form of a lien which if not recouped within a designated timeframe we then proceed with legal action. Chairman Burgin said people need to know we are going to do it, they will have a certain amount of time to get it straightened out or they will lose it. Commissioner Miller said he has had some interesting discussions with banks regarding the foreclosure process and banks having to pay taxes to the County on those homes. He believes we can work with some of those banks and instead of them putting the property back in the person's name foreclosed on, have them give it to the County. Commissioners Burgin and Miller said once a property is cleaned up, March 16, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 7 the County could then resale it with the money going back into a revolving fund to clean up more properties. Chairman Burgin confirmed with Mr. Snow that the County can send infolination to lenders letting them know they could do this to avoid those taxes. Mr. Baker noted staff is currently doing something similar to that with the Abandoned Mobile Home Project Initiative. With this project, Mr. Baker said you must have a party willing to sign everything over to the County and basically pay the contribution to the program that it costs to throw materials away. Mr. Baker said there is no funding mechanism currently in place to address stick built homes. He said they have had some success where citizens have willing allowed them to take down a structure and actually paid for the demolition. He said funding is necessary when citizens are not willing and abatement action is needed. Commissioners asked staff to report back to them with a plan. Mr. Jeffries asked for clarification if they are looking for this to be implemented immediately or in the upcoming budget. Chaiuiian Burgin said if we have money available in the budget now to go ahead and get started as soon as possible. Commissioners and staff continued to discuss this issue. Mr. Baker reviewed the current process used for someone in violation for a burned out abandoned mobile home. Mr. Jeffries said we may already have properties that have started through this process but staff needed a financial commitment to move forward for condemnation. Staff said if they have that funding mechanism in place then you will start seeing some of these issue being resolved. Mr. Baker noted technically we do not have minimum housing in Harnett County. He said staff will research the issue to make sure they would not be violating any state guidelines or statutes without adopting a Minimum Housing Code. Mr. Baker noted that the task force created to look at problem properties had previously looked at handling problem properties through the state building code or through the environmental health department through dangerous and unsafe structures. Commissioner Miller asked if he could arrange to have a YMCA representative meet with the Board to discuss the possibility of having a YMCA in the county. It was the consensus of the Board to invite the YMCA representative to an upcoming work session. Commissioner McKoy moved that the Board go into closed session to (1) discuss matters relating to the location or expansion of industries or other businesses in Harnett County; and (2) to instruct the County staff concerning the position to be taken by the County in negotiating the terms of a proposed contract for the purchase of real property. This motion is made pursuant to N.C. General Statute Section 143- 318.11(a)(4) &(5). Vice Chairman Springle seconded the motion which passed unanimously. Commissioner Elmore moved that the Board come out of closed session. Vice Chairman Springle seconded the motion which passed unanimously. Commissioner Elmore moved to adjourn the meeting at 8:43 pm. Commissioner Miller seconded the motion which passed unanimously. ii Marg. et Regina 11 eeler, Clerk Burgin, arch 16, 2015 Regular Meeting Minutes bSHarnett County Board of Commissioners Page 7 of 7 Al I ACHMENT 1 Approved by the Hai nth' Cos /My Board of Commksionert Date : 03/16/2015 Approved By : soC 14645 TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES Name of Tax Tax, Interest Total 0. Reauest Status Payer and Penalties Refund 1 WILKINS, WILLIAM J 0000059393- City 0.00 WILKINS, 0 2014- 2014- 000000 S. KEITH FAULKNER Revenue Administrator CC: S. KEITH FAULKNER County 68.56 68.56 Refund City Total 0.00 County Total 68.56 Total to be Refunded 68.56 Date : 03/16/2015 Approved By : 146 ®� TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES Name of Tax Tax, interest Na. otal Redest . Payer 'Bill an.d_. ti Penalties Refund Status 1 SECU 0002113839- City 0.00 2014- 2014- 000002 S. KEITH FAULKNER Revenue Administrator CC: S. KEITH FAULKNER County 0.00 City Total County Total Total to be Refunded 1,226.77 Refund 0.00 0.00 0.00 98 HORTON MN WAS REPO'D BY DEUTSHE FINANCIAL SERVICES 8-10- 13 . „ . . „ . , • . Reason HOUSE SHOULD NOT HAVE BEEN DISCOVERED FOR 2014-RELEASE HOME AND 1 SW FEE ATTACHMENT 2 '44 Harnett C ()UM RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Duly adopted this 1 0:• • • • • -s 0 : = --- • ATTEST: ‘‘ Carolina Oaks Subdivision Carolina Oaks Circle William Bethune Court Nordica Court 6th day of March, 2015. HARNETT COUNTY BOARD OF COMMISSIONERS otAL Marg ret RegirJ Wheeler Clerk to the Board strong roots • new growth ATTACHMENT 3 EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS A regular meeting of the Board of Commissioners (the "Board") of the County of Harnett, North Carolina (the "County") was held on Monday, March 16, 2015, at 7:00 p.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, Jim Burgin, Chairman of the Board presiding and the following Commissioners present: Jim Burgin, Chairman Gordon Springle, Vice-Chairman Abe Elmore, Commissioner Barbara McKoy, Commissioner Joe Miller, Commissioner Commissioners absent: n/a Also present: Joseph Jeffries, Interim County Manager Paula Stewart, Interim Deputy County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk * * * Vice Chairman Springle 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 AMENDMENT TO AN INSTALLMENT PURCHASE 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 financing contracts in order to finance and refinance 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 County previously executed and delivered an Installment Purchase Contract dated as of April 15, 2007 (the "2007 Contract") between the County and Harnett County Public Facilities Corporation (the "Corporation") to finance, in part, (1) the construction, furnishing and equipping of a new elementary school to be known as Overhills Elementary School, (2) the construction, furnishing and equipping a jail and law enforcement center (the "Law Enforcement Facility"), (3) the construction of a gymnasium at Coats Elementary School, and (4) the construction of a solid waste transfer station (collectively, the "2007 Projects"); PPAB 2729801v4 WHEREAS, in order to secure its obligations under the 2007 Contract, the County executed and delivered a Deed of Trust and Security Agreement dated as of April 15, 2007 from the County to the deed of trust trustee named therein, granting a lien on the real property on which the Law Enforcement Facility and Overhills Elementary School are located and all improvements thereon; WHEREAS, the Corporation previously executed and delivered its Certificates of Participation, Series 2007 (the "2007 Certificates "), evidencing proportionate undivided interests in rights to receive certain revenues (the "Revenues ") pursuant to the 2007 Contract under an Indenture of Trust dated as of April 15, 2007 (the "General Indenture "), as supplemented by Supplemental Indenture, Number 1 dated as of April 15, 2007, each between the Corporation and Regions Bank, as trustee; WHEREAS, the Board of Commissioners of the County (the "Board") hereby determines that it is in the best interests of the County to enter into Amendment Number One to the Installment Purchase Contract (the "Contract Amendment," and together with the 2007 Contract, the "Contract") between the County and the Corporation in order to refinance the County's installment payment obligations under the Contract corresponding to the 2007 Certificates maturing on and after December 1, 2018 (collectively, the "Refunded Certificates "); WHEREAS, in order to accomplish the refinancing, the County staff and Davenport & Company, LLC, as the County's financial advisor, have solicited requests for proposals from financial institutions to purchase a refunding certificate of participation, evidencing proportionate undivided interests in rights to receive certain Revenues pursuant to the Contract, to be executed and delivered by the Corporation as an Additional Certificate under the General Indenture (the "2015 Certificate "); WHEREAS, the Board has previously determined that (1) the acquisition of the 2007 Projects is essential to the County's proper, efficient, and economic operation and to the general health and welfare of its inhabitants and (2) the 2007 Projects will provide an essential use and will permit the County to carry out public functions that it is authorized by law to perform; WHEREAS, the Board hereby determines that entering into the Contract Amendment is necessary and expedient for the County by virtue of the findings presented herein; WHEREAS, the County hereby determines that the Contract Amendment allows the County to refinance the Refunded Certificates 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 refinancing the Refunded Certificates 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 refinancing the Refunded Certificates pursuant to the Contract Amendment is expected to exceed the cost of refinancing the Refunded Certificates pursuant to a bond financing for the same undertaking, the County hereby determines that the cost of refinancing the Refunded Certificates pursuant to the Contract Amendment 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 financing, 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 refinancing the Refunded Certificates; and (3) insufficient revenues are produced by the 2007 Projects so as to permit a revenue bond financing; PPAB 2729801v4 WHEREAS, the County has determined and hereby determines that the estimated cost of refinancing the Refunded Certificates pursuant to the Contract Amendment 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, the County does not anticipate a future property tax increase to pay Installment Payments falling due under the Contract; WHEREAS, the sums to fall due under the Contract will be adequate but not excessive for its proposed purpose; WHEREAS, Parker Poe Adams & Bernstein LLP, as 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 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 "Commission"), external auditors or any other regulatory agencies in connection with such debt management and contract obligation payment policies; WHEREAS, the Board hereby reaffirms each of the findings it made with respect to the 2007 Contract and the 2007 Projects in the resolution adopted by the Board on February 5, 2007; and WHEREAS, the County must obtain the Commission's approval to enter into the Contract Amendment; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS: Section 1. Authorization to Negotiate Contract Amendment. The County Manager, the Finance Officer and their designees, with advice from the County Attorney and Special Counsel, are hereby authorized and directed to negotiate on behalf of the County for the refinancing of the Refunded Certificates under the Contract Amendment in a principal amount not to exceed $31,000,000, to be entered into in accordance with the provisions of Section 160A-20 of the General Statutes of North Carolina. All actions of the County, the County Manager, the Finance Officer, the Clerk to the Board, the County Attorney and their respective designees, whether previously or hereinafter taken, in effectuating the proposed refinancing in a manner consistent with this Resolution are hereby approved, ratified and authorized. PPAF3 2729801v4 Section 2. Application to the Commission. The Finance Officer or her designee is hereby directed to file with the Commission an application for its approval of the Contract Amendment and all relevant transactions contemplated thereby on a form prescribed by the Commission 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 Commission. Section 3. Financing Team. The County Manager and the Finance Officer, with advice from the County Attorney, are hereby authorized and directed (1) to retain the assistance of Parker Poe Adams & Bernstein LLP, as special counsel, and Davenport & Company LLC, as financial advisor, and (2) to select Regions Capital Advantage, Inc. as the initial purchaser of the 2015 Certificate. 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 Vice Chairman Springle, seconded by Commissioner McKoy, the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN AMENDMENT TO AN INSTALLMENT PURCHASE CONTRACT AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" was duly adopted by the following vote: AYES: 5 NAYS: 0 PPAB 2729801v4 STATE OF NORTH CAROLINA COUNTY OF HARNETT S S: 1, 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 AMENDMENT TO AN INSTALLMENT PURCHASE 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 16th day of March, 2015. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 16th day of March, 2015. G k+444 \ • • • • • - a • Cf) s COU■-- /I'll/ 000\ PPAB 2729801v4 * MARS ARET REG WHEELER Cler, to the Boar County of Harnett, North Carolina ATTACHMENT 4 EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS A regular meeting of the Board of Commissioners (the "Board") of the County of Harnett, North Carolina (the "County") was held on Monday, March 16, 2015, at 7:00 p.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, Jim Burgin, Chairman of the Board presiding and the following Commissioners present: Jim Burgin, Chairman Gordon Springle, Vice - Chairman Abe Elmore, Commissioner Barbara McKoy, Commissioner Joe Miller, Commissioner Commissioners absent: n/a Also present: Joseph Jeffries, Interim County Manager Paula Stewart, Interim Deputy County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Vice Chairman Springle introduced the following resolution, a summary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board and which was read by title: RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, DIRECTING THE APPLICATION TO THE LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF AN ENTERPRISE SYSTEMS REVENUE REFUNDING BOND; REQUESTING LOCAL GOVERNMENT COMMISSION APPROVAL OF THE COUNTY'S ENTERPRISE SYSTEMS REVENUE REFUNDING BOND AND CERTAIN RELATED MATTERS WHEREAS, the Board of Commissioners (the "Board") of the County of Harnett, North Carolina (the "County ") hereby determines that it is desirable to refund in advance of their maturities the County's Enterprise System Revenue Bonds, Series 2007A maturing on and after May 1, 2018 (the "Refunded Bonds ") in order to achieve debt service savings; WHEREAS, the Board is considering the issuance of a County of Harnett, North Carolina Enterprise Systems Revenue Refunding Bond, Series 2015 (the "2015 Bond") in a principal amount not to exceed $11,000,000, the proceeds of which will be used to refund the Refunded Bonds and to pay the costs of issuing the 2015 Bond; WHEREAS, in connection with the issuance of the 2015 Bond, the Board authorizes retaining Parker Poe Adams & Bernstein LLP, as bond counsel, Davenport & Company LLC, as financial advisor, and U.S. Bank National Association, as trustee (collectively, the "Financing Team "); WHEREAS, the County staff and the County's financial advisor have solicited requests for proposals from financial institutions to purchase the 2015 Bond; and PPAB 2729389v3 WHEREAS, the Board desires for the Finance Officer and her designees (1) to file with the Local Government Commission of North Carolina (the "Commission ") an application for its approval of the 2015 Bond on a form prescribed by the Commission; (2) to request in such application that the Commission approve (a) the negotiation of the sale of the 2015 Bond to a financial institution to be determined pursuant to the request for proposal process and (b) the County's use of the Financing Team in connection with the issuance of the 2015 Bond; (3) to state in such application such facts and to attach thereto such exhibits in regard to the 2015 Bond and to the County and its financial condition as may be required by the Commission; and (4) to take all other action necessary to the issuance of the 2015 Bond. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS: Section 1. The 2015 Bond is to be issued by the County for the purpose of providing funds (1) to refund the Refunded Bonds and (2) to pay the costs of issuing the 2015 Bond. The use of the proceeds of the 2015 Bond, as described, is necessary in order to achieve debt service savings for the benefit of the users of the Enterprise System. Section 2. The Financing Team is hereby approved in connection with the County's issuance of the 2015 Bond. In addition, the County Manager and the Finance Officer are hereby authorized and directed to select Regions Capital Advantage, Inc. as the initial purchaser of the 2015 Bond. Section 3. The Finance Officer, with advice from the County Manager and bond counsel, is hereby authorized, directed and designated to file an application with the Commission for its approval of the issuance of the 2015 Bond. Section 4. The Board finds and determines, and asks the Commission to find and determine from the County's application and supporting documentation, as follows: (a) the issuance of the 2015 Bond is necessary or expedient; (b) the not to exceed stated principal amount of the 2015 Bond will be sufficient but is not excessive, when added to other money available to the Combined Enterprise System, to refinance the projects financed with the Refunded Bonds and achieve debt service savings for the benefit of the users of the Enterprise System; (c) the Enterprise System as now constituted is feasible; (d) the County's debt management procedure and policies are excellent; and (e) the 2015 Bond can be marketed at a reasonable interest cost to the County. Section 5. This Resolution is effective on the date of its adoption. On motion of Vice Chairman Springle, seconded by Commissioner McKoy, the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, DIRECTING THE APPLICATION TO THE LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF AN ENTERPRISE SYSTEMS REVENUE REFUNDING BOND; REQUESTING LOCAL GOVERNMENT COMMISSION APPROVAL OF THE COUNTY'S ENTERPRISE SYSTEMS REVENUE REFUNDING BOND AND CERTAIN RELATED MATTERS" was duly adopted by the following vote: AYES: 5 NAYS: 0 PPAB 2729389v3 STATE OF NORTH CAROLINA COUNTY OF HARNETT SS: I, Margaret Regina Wheeler, Clerk to the Board of Commissioners of the County of Harnett, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, DIRECTING THE APPLICATION TO THE LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF AN ENTERPRISE SYSTEMS REVENUE REFUNDING BOND; REQUESTING LOCAL GOVERNMENT COMMISSION APPROVAL OF THE COUNTY'S ENTERPRISE SYSTEMS REVENUE REFUNDING BOND AND CERTAIN RELATED MATTERS" adopted by the Board of Commissioners of the County of Harnett, North Carolina, at a meeting held on the 16th day of March, 2015. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 16th day of March, 2015. PPAB 2729389v3 Ma r• Bret Regina ' ?eeler Cler to the Board County of Harnett, North Carolina