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HomeMy WebLinkAbout051616mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting May 16, 2016 The Harnett County Board of Commissioners met in regular session on Monday, May 16, 2016, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Jim Burgin, Chairman Gordon Springle, Vice Chairman Abe Elmore, Commissioner Barbara McKoy, Commissioner Joe Miller, Commissioner Joseph Jeffries, County Manager Paula Stewart, Deputy County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Chairman Burgin called the meeting to order at 7:00 pm. Vice Chairman Springle led the pledge of allegiance and invocation. Chairman Burgin called for additions and deletions to the published agenda. Mr. Jeffries requested the addition and consideration of a letter of support for Campbell University Foundation's proposed financing through USDA of the construction of the Admissions and Financial Aid building and the Campbell University Student Union on campus, as well as the acquisition of Smith Hall Nursing and Health Sciences facility from the University. Commissioner Miller moved to approve the agenda as amended. Commissioner Elmore seconded the motion which passed unanimously. Vice Chairman Springle moved to approve the following items listed on the consent agenda. Commissioner Elmore seconded the motion which passed unanimously. 1. Minutes: May 2, 2016 Regular Meeting 2. Budget Amendments: 373 Health Department Code 110-7600-441.41-11 Salaries 6,394 increase 110-7600-441.11-00 Salaries 20,500 decrease 110-7600-441.11-16 Comp Time 500 increase 110-7600-441.11-13 Vacation Payout 20,000 increase 110-0000-331.76-11 Immunization Action Plan State Plan 6,394 increase May 16, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 11 376 Sheriff Department Code 110-5100-420.60-65 Auto Salaries 110-5100-420.74-74 Capital Outlay 377 Public Buildings Department Code 110-4700-410.43-15 Building Maintenance 110-0000-356.30-00 Insurance Reimbursement 379 General Fund Code 110-8702-470-90-80 Payment to Escrow Agent 110-8702-470-86-91 Cost of Issuance 110-0000-370.10-00 Other Financing Sources 381 General Fund- Radio System Code 110-5901-420.30-04 Professional Services 110-5901-420.33-45 Contracted Services 110-5901-420.41-11 Telecommunications/Postage 110-5901-420.41-13 Utilities 110-5901-420.43-16 Maint. & Repair 110-5901-420.44-21 Bldg. Equip & Rent 110-5901-420.60-33 Materials & Supplies 110-5901-420.74-74 Capital Outlay Equipment 110-0000-322.24-10 Radio User Fee 110-0000-399.00-00 Fund Balance Appropriated 382 Radio System Fund Code 241-5901-420.30-04 241-5901-420.33-45 241-5901-420.41-11 241-5901-420.41-13 241-5901-420.43-16 241-5901-420.44-21 241-5901-420.60-33 241-5901-420.74-74 241-0000-322.24-10 Professional Services Contracted Services Telecommunications/Postage Utilities Maint. & Repair Bldg. Equip & Rent Materials & Supplies Capital Outlay Equipment Radio System 383 Cooperative Extension Adolescent Parenting Program 20,000 decrease 20,000 increase 7,355 increase 7,355 increase 30,959,142 increase 120,858 increase 31,080,000 increase Code 110-7319-465.11-00 Professional Services 110-7319-465.21-00 Group Insurance 110-7319-465.21-05 Employee Clinic 110-7319-465.22-00 FICA 110-7319-465.23-00 Regular Retirement 110-7319-465.23-01 Supplement Retirement 110-7319-465.25-10 Unemployment 110-7319-465.26-08 Worker's Compensation 110-0000-331.73-19 Revenue- Adolescent Parenting Program 10,246 decrease 71,100 decrease 12,000 decrease 16,400 decrease 12,544 decrease 80,597 decrease 5,000 decrease 77,113 decrease 360,000 decrease 75,000 increase 10,246 increase 71,100 increase 12,000 increase 16,400 increase 12,544 increase 80,597 increase 5,000 increase 77,113 increase 285,000 increase 3,564 increase 588 increase 25 increase 271 increase 241 increase 72 increase 18 increase 82 increase 4,861 increase May 16, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 11 387 Amend the Medical Insurance Code 906-9802-410.26-06 Payment of Claims 906-0000-353.98-02 Contribution/Donations Group insurance 389 Health Department Code 110-7600-441.11-13 110-7600-441.22-00 110-7600-441.44-11 110-7600-441.11-13 110-0000-345.18-00 Vacation Payout FICA Telephone & Postage Travel Environmental Fees 392 Soil & Water Code 110-4400-410.32-51 Operating Special Accounts 110-6700-429.74-73 Capital Outlay 393 Health Department Code 110-7600-441.33-45 Contracts 110-0000-345.10-14 PCM 396 School Project CP1502 Fund 309 QSCB Roofing Project Code 309-0000-389.14-00 Capital Projects 309-0000-370.10-01 Bond Proceeds 397 Social Services Department Code 110-7710-441.80-80 110-7710-441.80-25 110-7710-441.81-07 110-0000-330.77-01 110-0000-330.77-08 110-0000-399.00-00 Links/Independent Living Medical Transportation Court Cost Fees CSE Social Services Administration Medical Transportation Fund Balance Appropriated 3. Tax rebates, refunds and releases (Attachment 1) 4. Resolutions to add roads to state system (Attachment 2) 800,000 increase 800,000 increase 4,000 increase 1,000 increase 5,000 increase 10,000 increase 20,000 increase 8,000 decrease 8,000 increase 34,000 increase 34,000 increase 3,316,957 increase 3,316,957 decrease 1,000 increase 225,000 increase 8,000 increase 6,280 increase 225,000 increase 2,720 increase 5. Harnett County Cooperative Extension requested approval to accept a 2016-17 Adolescent Parenting Grant from the NC Department of Health and Human Services in the amount of $75,000 in support of the Teen Pregnancy Prevention Initiative. There is a local in-kind match of $25,000 of: 1) Office space for APP Coordinator, 2) App Library Space and 3) Extension Director's Supervision 5% of salary. 6. Resolution of the Harnett County Board of Commissioners changing the Capital Outlay threshold from $5,000 to $10,000. (Attachment 3) May 16, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 11 7. Harnett County Human Resources requested approval of the proposed Drug and Alcohol Testing Policy 8. Harnett County Parks and Recreation requested approval of the reorganization of Parks and Recreation/Grounds Maintenance. This reorganization will combine County resources, provide a labor force for park expansion and programming, provide more control of County grounds and landscaping, save funds, allow grounds crews to be more efficient and cut down on travel time. 9. Proclamation Congratulating Godwin Manufacturing on 50 Years of Business in Harnett County. 10. Resolution to Change the Meeting Time of the June 6, 2016 Regular Meeting of the Harnett County Board of Commissioners. (Attachment 4) 11. Letter of support for Campbell University Foundation's proposed financing through USDA of the construction of the Admissions and Financial Aid building and the Campbell University Student Union on campus, as well as the acquisition of Smith Hall Nursing and Health Sciences facility from the University. Chairman Burgin opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. Jerry Rivas of Twin Ponds Road in Sanford shared his concerns and opinions regarding rumored incidents relating to the Harnett County Sheriff's Department. Marie Aries of 192 N. Peggy Street in Spring Lake stated her concerns regarding the Sheriff's Department and said commissioners failed citizens by doing nothing. She called for the removal of Sheriff Wayne Coats and District Attorney Vernon Stewart. Steve Blackburn of 190 Falling Water Road, who said he was speaking on behalf of the Harnett County and State NAACP presidents, said the NAACP will provide full support to all of the affected families involved in the federal investigation and Attorney Jesse Jones as long as needed. Cris Nystrom of 391 Center Lane in Bunnlevel addressed the group and also shared his concerns regarding the Harnett County Sheriff's Department. Commissioner Miller moved to approve the appointments listed below. Chairman Burgin disclosed that Emily M. Barefoot is an employee of his and recused himself from voting on the appointments. Vice Chairman Springle seconded the motion which passed 4 - 0. HARNETT COUNTY BOARD OF ADJUSTMENT Rick Foster (nominated by Commissioner Miller) was given a second waiver of term limit and reappointed to serve on this board for a term of 3 years ending March 31, 2019. Scott Tripp (nominated by Commissioner Miller) was given a second waiver of term limit and reappointed to serve on this board for a term of 3 years ending September 1, 2019. May 16, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 11 HARNETT COUNTY BOARD OF HEALTH Emily M. Barefoot of Dunn (nominated by Commissioner Miller) was appointed to serve on this board for a term of 3 years ending May 31, 2019. Harnett County Emergency Services Director Jimmy Riddle petitioned the Board, on behalf of Benhaven Emergency Services, Inc., for a public hearing regarding the financing of a fire truck and certain related equipment for Benhaven Emergency Services, Inc. with the Proceeds of Tax - Exempt Debt. Mr. Riddle also requested approval of a Resolution Authorizing and Approving the Delivery of an Installment Financing Agreement by Benhaven Emergency Services, Inc. and the Tax Exempt Loan Related Thereto following the public hearing. Chairman Burgin called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman Burgin closed the public hearing. Vice Chairman Springle moved to approve the Resolution Authorizing and Approving the Delivery of an Installment Financing Agreement by Benhaven Emergency Services, Inc. and the Tax Exempt Loan Related Thereto. Commissioner Miller seconded the motion which passed unanimously. (Attachment 5) Mrs. Honeycutt petitioned the Board for a public hearing concerning the approval of the execution, delivery, and performance of the Contract and the Deed of Trust and the Projects to be financed thereby. The Board of Commissioners of the County of Harnett, North Carolina is considering (1) entering into an installment financing contract in an amount not to exceed $2,200,000 to finance all or a portion of the projects identified as eligible "Qualified School Construction Bond projects" (2) executing and delivering a deed of trust, security agreement and fixture filing related to all or a portion of the County's fee simple interest in the real property. Mrs. Honeycutt also requested adoption of the Issuance Resolution following the public hearing. Chairman Burgin called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman Burgin closed the public hearing. Commissioner Miller moved to approve the Issuance Resolution as presented. Commissioner Elmore seconded the motion which passed unanimously. (Attachment 6) Mr. Riddle petitioned the Board for a public hearing regarding the Cape Fear Regional Hazard Mitigation Plan Approved by FEMA. Mr. Riddle also requested approval of the Resolution to Adopt the Cape Fear Regional Hazard Mitigation Plan following the public hearing. Mr. Riddle explained the plan identifies hazards and potential hazards within the region and county specific, and it creates a framework to help community officials make decisions that may ultimately protect lives and property. Mr. Riddle said the plan was a regional effort amongst five counties (Harnett/Moore/Lee/Chatahm/Johnston) and the municipalities within the region. He noted the plan outlines a strategy for implementing mitigation projects within the 5 counties and its municipalities. Mr. Riddle reported the Federal Emergency Management Agency (FEMA) reviews and approves state, tribal and local hazard mitigation plans, which are required as a condition for states and communities to receive certain types of disaster assistance, including funding for mitigation projects. State mitigation plans must be approved every five years, and local and tribal mitigation plans must be approved at least once every five years. May 16, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 11 Chairman Burgin called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman Burgin closed the public hearing. Vice Chairman Springle moved to approve the Resolution to Adopt the Cape Fear Regional Hazard Mitigation Plan as presented. Commissioner Elmore seconded the motion which passed unanimously. (Attachment 7) Mark Locklear, Director of Development Services, petitioned the board for a public hearing regarding proposed zoning change — Case #RZ-16-113; Landowner/Applicant: William P. Sease/Robert & Laurie Gaskins: 5 +/- acres (out of a 51 -acre tract) Pin # 1538-12-0260; From Industrial to RA -30; SR #1810 (Stewart Road); Averasboro Township. Mr. Locklear reported that on May 2, 2016, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of this rezoning application based on the compatibility to the surrounding uses. Small Scale Zoning was considered and all four facts were approved as well. Mr. Locklear said the Planning Board also made sure that the applicants were aware of neighboring Industrial uses that may occur in the future. Mr. Locklear noted that this site is currently vacant and surrounding land uses include farmland, low density residential, Foundations Bible College and various commercial uses. Private septic tank and public water are available. Mr. Locklear explained what could be built in RA -30 and responded to questions from commissioners. Mr. Locklear stated staff's evaluation as: The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The impact to the surrounding community is reasonable, as the requested rezoning district is similar in nature to the surrounding area. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning to RA -30 is compatible with the Land Use Classification of an Employment Mixed Use (EMU) area. Although EMU areas are typically located along, or in close proximity of, major thoroughfares and include prime locations for economic development opportunities, residential development is appropriate when not in conflict with existing or future industry or commercial uses. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: This requested zoning to RA -30 would maintain the public health, safety and general welfare due to the existing residential uses within this area. This request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Due to the size of the tract and that the proposed zoning district of RA -30 is not immediately adjacent, the application does need to be considered a Small Scale Rezoning. Suggested Statement -of -Consistency: Staff concludes that the requested rezoning of RA -30 would not have an unreasonable impact on the surrounding community and will maintain the public health, safety and general welfare because of the existing agricultural and residential uses May 16, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 11 within the area. Therefore, these existing uses lead to compliance with the adopted Land Use Plan. Thus it is recommended that this rezoning request be approved. Chairman Burgin called to order a public hearing on the matter and opened the meeting for comments from the public. Robert Gaskins, the applicant, spoke in favor of the request. He said they will have the option to purchase the 5 acres across from the property in approximately one year. Mr. Gaskins said they feel like there is very minimal danger of much Industrial coming to the area and they understand what they can and cannot do on the property. Seeing no one else move, Chairman Burgin closed the public hearing. Vice Chairman Springle moved to approve the proposed rezoning request as presented. Commissioner Elmore seconded the motion which passed unanimously. Mr. Jeffries delivered the following Budget Message for the proposed Harnett County Budget for the 2016-17 Fiscal Year for review and consideration: "A number of factors have had a significant impact on the proposed budget and the thought that went into its creation. Though it will not directly impact the 2016-17 budget, we continue to take Harnett County's upcoming property revaluation into consideration when budgeting for the coming year. The revaluation will be completed in 2017 and the Harnett County Tax Office projects it will result in a reduction of property values, which will have an impact on property tax revenue in the coming years. Some highlights of the proposed budget include: • We propose to maintain the current ad valorem tax rate of 75 cents per $100 property valuation. • No fund balance appropriation is proposed. • We anticipate $3.8 million from the sales tax expansion. • The budget includes a 5 -year Capital Improvement Plan with $1.35 million expended in 2016-17. • An additional teacher supplement of $1,000 per teacher is included. This document was developed following the submittal of budget requests by department heads and individual meetings with department heads where additional discussion was needed. Department heads should be commended for their fiscal constraint. I also want to thank Finance Officer Kimberly Honeycutt, Deputy Finance Officer Allen Coats and Deputy County Manager Paula Stewart for their essential contribution for developing this document. The following overview notes budget highlights as they relate to revenues and expenditures. May 16, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 7 of 11 GENERAL FUND REVENUES The proposed 2016-17 budget has been developed based on revenue projections which reflect positive growth. The following items highlight the status of major county revenue sources along with changes of particular interest: Ad Valorem Tax — The proposed budget was developed based on a total assessed value $8,125,407,672.00. Utilizing a tax rate of 75 cents per $100 property valuation and a 2014-15 total property tax collection rate of 99.45 percent, we have projected tax collections of $60,605,538.00 for the coming year. 1 want to commend the Tax Office for their efforts, which have increased our collection rate to seventh among North Carolina's 100 counties. Sales Tax — We project the County's sales tax revenue to grow by 13.68 percent, bringing total projected sales tax revenues to $18,508,522.00. 1 believe the increase in sales tax revenue is a reflection of the positive growth in commercial development we are currently experiencing. Harnett County is one of the fastest growing counties in one of the fastest growing regions in the state and we anticipate continued growth both in terms of population and commercial development. Other Revenue — Last September, the North Carolina General Assembly approved the 2015 Appropriations Act, which included a provision establishing procedures for distributing additional sales tax allocations among counties, which may only be spent on Economic Development, Public Education and Community Colleges. Beginning in the 2016- 17 Fiscal Year, the law requires the Department of Revenue to distribute $84.8 million (plus growth in the out years) to local governments based on percentage allocations in the legislation. Harnett County will receive 5.17 percent of this total, which we anticipate will generate approximately $3.8 million. Unassigned Fund Balance — The Harnett County Board of Commissioners has set a goal of maintaining an average unassigned general fund balance of at least 15 percent of the County's annual budget. The proposed budget does not include a fund balance appropriation and the unassigned fund balance is $19.4 million or 17.9 percent of the County's annual budget. May 16, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 8 of 11 GENERAL FUND EXPENDITURES Expenditures reflect an overall increase of 4.35 percent, with most of this increase in areas of education, software, dental benefits for employees, economic development and the Capital Improvement Plan. Personnel — As we continue to work toward improving the employee benefits, the proposed budget includes the Board of Commissioners' decision to reinstate dental insurance coverage for employees. As mentioned previously, the sales tax expansion mandates that all funds be used for Economic Development, Public Education and the Community Colleges. We propose using a portion of this allotment to fund two new positions in Economic Development. At this time, we recommend delaying consideration of all other General Fund positions based on the aforementioned 2017 Property Revaluation and an increase in the following expenditures: • Employee Dental Insurance - $250,000 increase • Health Insurance Premium increase - $420,000 (11.5 percent) increase. • Department of Social Services Northwoods Software Expansion - $700,000 • Software upgrades for Finance and Development Services - $1.25 million • Retirement Plan increase - 0.25 percent Education — The proposed budget includes funding to expand teacher supplements by $1,000 per teacher along with approximately $970,000 for capital items related to security, school buses and facility maintenance. Total funding proposed for the Board of Education is $23,454,142.00. PUBLIC UTILITIES Harnett County Public Utilities, in accordance with its Capital Improvement Plan, has two major capital projects slated for the coming year including expansion of the North Harnett Regional Wastewater Treatment Plant and phase one automated meter upgrade. As part of the Public Utilities Efficiency Study, the department will upgrade its customer service and billing software. Residential rate May 16, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 9 of 11 increases are proposed for both water and sewer — 4 percent water and 6 percent for sewer. Capacity fees are also proposed to increase by $100 per lot for water and by $200 per lot for sewer. With the current expansion of the water treatment facility and growing demand for services, Public Utilities has requested two new positions along with a variety of capital needs such as vehicles, generators and a maintenance -storage facility. The overall budget for Public Utilities is $29,726,783. SOLID WASTE Harnett County Solid Waste maintained a strong financial position over the past year with a current cash on hand balance of $2,386,207. We propose appropriating $458,395 of fund balance for several capital outlay needs including a new wheeled loader at the Dunn -Erwin Landfill and construction of a new maintenance facility at the Anderson Creek Landfill. Cell expansion projects are ongoing at both Dunn -Erwin and Anderson Creek landfills. These projects stalled in the current fiscal year due to extreme wet conditions. Solid Waste plans to construct an additional convenience site at Ponderosa to expand disposal services in western Harnett County. Staff will also evaluate possible locations for additional convenience sites across the County. Contracts for the convenience sites will end on November 1, 2016, and the County plans to request proposals for equipment and hauling, and to bring staffing in-house. FIRE TAX DISTRICTS We propose no change in all but two of Harnett County's fire tax districts. The Erwin Fire Department and Rescue Squad requests a one -cent increase in its tax rate from 7 to 8 cents per $100 valuation, and Benson Emergency Services requests a rate increase of two cents from 7 to 9 cents per $100 valuation. CONCLUSION We believe the proposed 2016-17 budget to be fiscally responsible. As presented, the budget respects the goals set forth by the Board of Commissioners, namely in maintaining a fund balance above 15 percent of the county's annual budget. The proposed budget establishes education as a critical priority for the County and works to proactively attract and retain qualified educators. It also takes steps to enhance Economic Development efforts to recruit new industry to the County and assist with the needs of existing businesses. The proposed budget capitalizes on the County's recent success as a fiscally sound and conservative unit of local government while being mindful of potential issues in the years ahead. Harnett County continues to be one of the fastest growing counties in North Carolina. We must continue taking steps to plan for this growth and improve the lives of our citizens." Mr. Jeffries noted the public hearing on the 2016/17 proposed budget would be held on Monday, June 6, 2016 at 7:00 pm. Mr. Jeffries also presented the following reports: - Planning Services Report - March 2016 - Veterans Affairs Report — April 2016 - Interdepartmental budget amendments May 16, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 10 of 11 Chairman Burgin called for any new business. Chairman Burgin recognized Oonagh McQuarrie, The Daily Record reporter, and announced this was her last meeting as she will be heading back home to Arizona soon. Commissioners thanked her for always reporting fairly and wished her the best in her future endeavors. Commissioner Miller moved that the Board go into closed session to 1) consult with the County's legal staff in order to preserve the attorney-client privilege concerning the handling of certain claims; and 2) to discuss matters relating to the location or expansion of industries or other businesses in Harnett County. This motion was made pursuant to N.C. General Statute Section 143-318.11(a)(3)&(4). Vice Chairman Springle seconded the motion which passed unanimously. Commissioner McKoy 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 9:05 pm. Vice Chairman Springle seconded the motion which passed unanimously. OM IS .0,s71, 7, r s Regina Whee j , Clerk May 16, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 11 of 11 Refund Amount Received Amount ZWOLINSKI, MATTHEW BRUNO N N e-4 o CC CO ,- LD =>, 0 C C.1 • 0 CO CV 0 ++ t • U 'L° 0 CUIv � O i C O 6 CO U R 4 Cid O I° cc Adjustment Reason 0002246147-2015-2015-0000-00 Exempt Property S. Keith Faulkner Tax Administrator ATTACHMENT 1 ATTACHMENT 2 .Harnett COUNTY • NORTH CAROLINA RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Sweetbriar Estates Subdivision Pine Oak Lane Duly adopted this 16`" day of May, 2016. HARNETT COUNTY BOARD OF COMMISSIONERS Maret Regin eeler Cle to the Bo strong roots • new growth Jim Burgin, airman www.harnett.org ATTACHMENT 3 HARNETT COUNTY BOARD OF COMMISSIONERS RESOLUTION CAPITAL OUTLAY THRESHOLD WHEREAS, Kimberly Honeycutt, Finance Officer for Harnett County request the Capital Outlay threshold be changed from $5,000.00 to $10,000.00 NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Harnett County that effective July 1, 2016 that the Capital Outlay threshold be changed from $5,000.00 to $10,000.00. ADOPTED this this 16th day of May, 2016. AT EST: Margar t Wheeler, clerk to the Board ATTACHMENT 4 Harnett COUNTY NORTH CAROLINA A RESOLUTION TO CHANGE THE MEETING TIME OF THE JUNE 6, 2016 REGULAR MEETING OF THE HARNETT COUNTY BOARD OF COMMISSIONERS THAT WHEREAS, the Harnett County Board of Commissioners adopted on September 19, 1994 certain Rules of Procedure by which the Board would conduct its meetings; and WHEREAS, Rule 6 of the Rules of Procedure concerning "Regular and Special Meetings" states that the Board may cancel the place or time of a particular regular meeting by resolution: that the Board has determined that the regular scheduled morning meeting on June 6, 2016 will need to be rescheduled to start at 7:00 pm in order to hold a public hearing on the proposed 2016/2017 Budget. NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Harnett County that its regular meeting scheduled for Monday, June 6, 2016 at 9:00 a.m. is hereby rescheduled to June 6, 2016 at 7:00 pm; that this Resolution shall be filed with the Clerk to the Board, posed at the regular meeting place and forwarded to all parties on the County's Sunshine List. Adopted by the Harnett County Board of Commissioners in regular session, this 16th day of May, 2016. Attest: n'. HARNETT COUNTY BOARD OF COMMISSIONERS By: Margit Regina j jheeler, Clerk strong roots • new growth Burgin, C rman www.harnett.org ATTACHMENT 5 EXTRACT FROM MINUTES OF BOARD OF COMMISSIONERS A regular meeting of the Board of Commissioners of the County of Harnett, North Carolina (the "Board") was held at the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, at 7:00 p.m. on May 16, 2016 (the "Meeting"), after proper notice, and was called to order by Chairman Jim Burgin, and upon the roll being called, the following members of the Board answered present: Jim Burgin, Chairman Gordon Springle, Vice Chairman Abe Elmore, Commissioner Barbara McKoy, Commissioner Joe Miller, Commissioner The following members of the Board were absent: N/A Also present: * * * Joseph Jeffries, County Manager Paula Stewart, Deputy County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk The Chairman of the Board of Commissioners (the "Board") for the County of Harnett, North Carolina (the "County") stated that the Board has been requested by the Benhaven Emergency Services, Inc. ("BES") to approve an installment financing agreement between PNC Bank and BES (the "Agreement"). BES will use the proceeds of the Agreement to finance the acquisition of a fire truck and certain related equipment (the "Equipment') and, if applicable, to pay certain expenses incurred in connection with the delivery of the Agreement. The Chairman then stated that a notice of public hearing by the Board regarding the Equipment and the execution and delivery of the Agreement had been published on May 4, 2016 in The Daily Record. Chairman Burgin declared the public hearing on the Equipment and the execution and delivery of the Agreement to be open. At approximately 7:16 p.m., the Chairman announced that the Board would hear anyone who wished to be heard on the advisability of the financing of the Equipment and the proposed execution and delivery of the Agreement, and that a representative of BES was available and prepared to discuss the details concerning such matters. No one spoke. After the Board had heard all persons who requested to be heard, the Chairman declared the public hearing closed. Commissioner Miller then introduced the following resolution, the title of which was read and copies of which had been previously distributed to each Commissioner: PPAB 2826527v1 RESOLUTION AUTHORIZING AND APPROVING THE DELIVERY OF AN INSTALLMENT FINANCING AGREEMENT BY BENHAVEN EMERGENCY SERVICES, INC. AND THE TAX- EXEMPT LOAN RELATED THERETO WHEREAS, Benhaven Emergency Services, Inc. (the "BES") and the County of Harnett, North Carolina (the "County") have heretofore entered into an agreement on July 1, 2015 whereby BES has agreed to provide the County fire protection services; and WHEREAS, BES wishes to fmance the acquisition of a fire truck and certain related equipment (the "Equipment") and, if applicable, to pay certain expenses incurred in connection with the delivery of the Agreement (as defined below); and WHEREAS, BES and PNC Bank intend to enter into an installment financing agreement (the "Agreement") whereby PNC Bank will advance to BES funds for the acquisition of the Equipment and, if applicable, such related costs; and WHEREAS, the interest component of the repayment obligations under the Agreement are intended to be excludable from the gross income of the recipients thereof; and WHEREAS, pursuant to the Internal Revenue Code of 1986, as amended (the "Code"), the execution and delivery of the Agreement must be approved, after a public hearing required by Sections 150(e)(3) and 147(0 of the Code, by the governmental unit having jurisdiction over the area in which the Equipment is located; and WHEREAS, the Agreement does not constitute a debt of the State of North Carolina or any political subdivision or any agency thereof, including the County, or a pledge of the faith and credit of the State of North Carolina or any political subdivision or any such agency, including the County, but is payable solely from the revenues and other funds provided for by BES in the Agreement; and WHEREAS, because no revenues or taxes of the County are legally pledged to the repayment obligations under the Agreement, the staff of the County has made no fmancial analysis of the Agreement or the Equipment to be fmanced thereby; and WHEREAS, the Board of Commissioners of the County (the "Board"), pursuant to public notice duly given, has held a public hearing on the advisability of the delivery of the Agreement to finance the Equipment and has considered the comments of all persons who requested to be heard; and WHEREAS, the Board desires to approve the delivery of the Agreement for the purpose of financing the Equipment; NOW THEREFORE, BE IT RESOLVED by the Board as follows: 2 PPAB 2826527v1 1. The Board has held the public hearing and taken the actions set forth herein in order to satisfy Sections 150(e)(3) and 147(f) of the Code. 2. The delivery of the Agreement in an aggregate principal amount not exceeding $250,000 to fmance the Equipment and, if applicable, certain related costs is hereby approved. 3. The Clerk to the Board is hereby authorized and directed to provide a certified copy of this resolution to BES and PNC Bank. 4. THE AGREEMENT DOES NOT CONSTITUTE A DEBT OF THE STATE OF NORTH CAROLINA OR ANY POLITICAL SUBDIVISION OR ANY AGENCY THEREOF, INCLUDING THE COUNTY, OR A PLEDGE OF THE FAITH AND CREDIT OF THE STATE OF NORTH CAROLINA OR ANY POLITICAL SUBDIVISION OR ANY SUCH AGENCY, INCLUDING THE COUNTY. 5. This resolution is effective on its adoption. 3 PPAB 2826527v I STATE OF NORTH CAROLINA SS: COUNTY OF HARNETT 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 AUTHORIZING AND APPROVING THE DELIVERY OF AN INSTALLMENT FINANCING AGREEMENT BY BENHAVEN EMERGENCY SERVICES, INC. AND THE TAX-EXEMPT LOAN RELATED THERETO" adopted by the Board of Commissioners of the County of Harnett, North Carolina, in regular session convened on the 16th day of May , 2016. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 16`x' day of May, 2016. PPAB 2826527v1 a.� t Margaret Regina eler Clerk to the Board ommissioners