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HomeMy WebLinkAbout080320mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting August 3, 2020 The Harnett County Board of Commissioners met in regular session on Monday, August 3, 2020, in the Commissioners Meeting Room, County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Due to COVID-19 this meeting was not open to members of the public to attend in person however, citizens and staff were provided options to listen to the meeting live. Only County staff necessary to conduct the meeting or to speak on scheduled agenda items were in attendance, stationed in the meeting chambers to maintain the recommended social distancing of six feet, as the Board demonstrated compliance with State law and prudent public health practices. Members present: Staff present: Howard Penny, Jr., Chairman Joe Miller, Vice Chairman Mark B. Johnson, Commissioner Barbara McKoy, Commissioner Gordon Springle, Commissioner Paula Stewart, County Manager Dwight Snow, County Attorney Allen Coats, Deputy Finance Officer Margaret Regina Wheeler, Clerk Chairman Penny called the meeting to order at 9:00 am. Commissioner Johnson led the Pledge of Allegiance and invocation. Chairman Penny called for any additions or deletions to the published agenda. Chairman Penny added to the agenda under New Business the Declaration of a State of Emergency for Hurricane Isaias. Commissioner McKoy moved to approve the agenda as amended. Commissioner Springle seconded the motion that passed unanimously. Vice Chairman Miller moved to approve the following items on the consent agenda. Commissioner Springle seconded the motion, which passed unanimously. 1. Minutes: July 14, 2020 Work Session July 20, 2020 Regular Meeting July 28, 2020 Work Session August 3, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 5 2. Budget Amendments: 2 Health Department Code 1105110 502010 1105110 503030 1105110 505010 1105110 505050 1105110 506010 1105110 506020 1105110 506040 1105110 507010 1105110 507030 1105110 507050 1105110 507070 1105110 519090 1105110 523040 1105110 330210 749 Parks & Recreation Code 5056110 519000 5056110 519040 5056110 523050 5056110 524015 5056110 528010 5056110 535015 5056110 544000 5056110 555000 5053900 390990 752 Sheriff's Office Code 1104310 58600 1104310 330210 1104310 330210 1104310 330210 Salaries & Wages 401k — General FICA WH State Retirement Medial Insurance Dental Insurance Life Insurance Unemployment Insurance Worker's Compensation Employee Clinic Other Post Employment Other Medical Supplies Federal Professional Services Engineering Plants, Seeds, & Fertilizer M&R Supplies — Landscaping Athletic & Program Supplies R&M Landscaping Contracted Services Capital Outlay — Equipment Fund Balance Appropriated Public Safety 2017 Edward Byrne Justice Grant 2018 Edward Byrne Justice Grant 2019 Edward Byrne Justice Grant 932 Economic Development Code 1104930 537010 Advertising 1104930 380890 Other Revenue 1007 Health Department Code 1105110 502010 1105110 503030 1105110 505010 1105110 505050 1105110 506010 Salaries & Wages 401k — General FICA WH State Retirement Medical Insurance 33,900 increase 678 increase 2,593 increase 3,461 increase 4,068 increase 149 increase 47 increase 170 increase 258 increase 78 increase 45 increase 5,000 increase 700 increase 51,147 increase 5,500 increase 15,425 increase 7,327 increase 66,101 increase 22,605 increase 52,758 increase 18,338 increase 52,730 increase 240,784 increase 23,535 increase 14,585 increase 2,487 increase 6,463 increase 18,645 increase 18,645 increase 22,330 increase 447 increase 1,588 increase 2,012 increase 2,889 increase August 3, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 5 1007 Health Department continued Code 1105110 506020 Dental Insurance 1105110 506040 Life Insurance 1105110 507010 1105110 507030 1105110 507050 1105110 507070 1105110 519090 1105110 523080 1105110 504010 1105110 330210 Unemployment Insurance Worker's Compensation Employee Clinic Other Post Employment Other Laboratory Supplies Expense Allowance Federal 1073 Juvenile Crime Prevention Council Code 2104300 522010 2104300 526010 2104300 531010 2104300 531020 2104300 531030 2104300 531050 2104300 547090 2104300 547090 2104300 547090 2104300 547090 2104300 547090 2104300 330310 2104300 330310 2104300 330310 2104300 330310 2104300 330310 2104300 330310 Food & Provisions Office Supplies Training — Mileage Training — Meals Training — Lodging Training — Registration LIDS Program Allocation Healthy Choice — Allocation Dunn PAL — Allocation Take 2 At the Academy — Allocation Extended Learning — Allocation JCPC Admin — State Funds LIDS Program — State Funds Healthy Choice — State Funds Dunn PAL — State Funds Take 2 — State Funds Extended Learning — State Funds 111 increase 31 increase 112 increase 209 increase 53 increase 35 increase 1,155 increase 50 increase 47 increase 31,069 increase 3,045 increase 500 increase 500 increase 275 increase 545 increase 180 increase 25,000 increase 40,000 increase 60,000 increase 40,000 increase 30,000 increase 5,045 increase 25,000 increase 40,000 increase 60,000 increase 40,000 increase 30,000 increase 3. Harnett County Health Director requested approval to accept COVID-19 funds in the amount of $51,147 from NC DHHS Division of Public Health to establish and monitor key activities related to COVID-19 in areas of epidemiology, laboratory and informatics. 4. Harnett County Health Director, on behalf of the Department on Aging, requested approval to accept funding in the amount of $20,000 from Mid Carolina Area Agency on Aging for the provision of safety and independence of older adults during the COVID-19 pandemic. 5. Harnett County Soil and Water requested approval of the Emergency Watershed Protection (EWP21) Capital Project Ordinance in the amount of $4,145,020 to be reimbursed through federal and state funds. August 3, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 5 6. Habitat for Humanity of Harnett County's requested reimbursement of $8,075 in fees associated with building a house in the Forest Hills Subdivision in Erwin. Vice Chairman Miller moved to approve the following appointments. Commissioner Springle seconded the motion, which passed unanimously. Economic Development Council Frankie Lewis was reappointed to serve as a District 1 representative for a term of two years expiring June 30, 2022. Commissioner Barbara McKoy was reappointed to serve for a term of term of two years expiring June 30, 2022. Roger Farina was appointed to serve as a District 5 representative for a term of two years expiring June 30, 2022. Harnett County Commission for Women and Youth Tamekia Dowdy was appointed to serve on this Board for a term of three years expiring August 31. 2023. Rosanne Teniente was appointed to serve on this Board for a term of three years expiring August 31. 2023. Anitra Hart was appointed to serve on this Board for a term of three years expiring August 31. 2023. Harnett County Properties Corporation - Commissioner Howard Penny was reappointed to serve on this Board. Mrs. Honeycutt requested approval of a Resolution Approving an Installment Financing Contract and providing for Certain Other Related Matters. She noted the installment fmancing contract, to be dated as of September 1, 2020, would be entered into with the Harnett County Public Facilities Corporation in order to refinance all or a portion of the County's payment obligations associated with various debts in an amount not to exceed $65,000,000. Mrs. Honeycutt explained the reduction in the amount was due to staff pulling out the general fund debt, which includes most of the schools, but the refmancing should still result in approximately $2 Million in savings over the terms. Mrs. Honeycutt noted the refinancing has been postponed from the Local Government Commission's (LGC) August agenda until September. Commissioner Springle moved to approve the Resolution Approving an Installment Financing Contract and providing for Certain Other Related Matters. Vice Chairman Miller seconded the motion that passed unanimously. (Attachment 1) Mrs. Stewart presented the following reports: - Veterans Services Activities Reporting — April, May & June 2020 - Parks and Recreation's Quarterly Report — April, May & June 2020 August 3, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 5 Mrs. Stewart provided a brief update on COVID-19 in Harnett County. Harnett County Emergency Services Director Larry Smith talked about upcoming face covering distribution throughout the county. Mr. Smith presented for consideration the Declaration of a State of Emergency for Hurricane Isaias and discussed storm preparedness. Commissioner Springle moved to declare a State of Emergency for Hurricane Isaias. Vice Chairman Miller seconded the motion that passed unanimously. There was no need for closed session. Vice Chairman Miller moved to adjourn the meeting at 9:14 am. Commissioner McKoy seconded the motion which passed unanimously. d Penny, Jr., Chai et Regina eler, Clerk August 3, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 5 ATTACHMENT 1 EXTRACTS FROM MINUTES OF THE 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, August 3, 2020, at 9:00 a.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 420 McKinney Parkway, Lillington, North Carolina, Howard L. Penny, Chairman of the Board presiding and the following Commissioners present: Joe Miller, Vice Chairman Mark B. Johnson, Commissioner Gordon Springle, Commissioner Barbara McKoy, Commissioner The following members were absent: N/A Commissioner Springle moved that the following resolution, copies of which having been made available to the Board of Commissioners, be adopted, by reading the title thereof (further reading waived without objection): RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS WHEREAS, the County of Harnett, North Carolina (the "County") is a political subdivision validly existing under 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 to finance the purchase or improvement 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 or improved to secure repayment of the purchase price; WHEREAS, the Board of Commissioners of the County (the "Board") has previously determined that it is in the best interest of the County to enter into an Installment Financing Contract dated as of September 1, 2020 (the "Contract") with the Harnett County Public Facilities Corporation (the "Corporation") in order to (1) refinance all or a portion of the County's payment obligations under: (a) an Installment Financing Contract dated as of November 1, 2010 (the "2010 Contract") between the County and Bank of America, N.A., the successor to which is Capital One Public Funding, LLC, the outstanding proceeds of which were used to refinance the construction and equipping of Angier Elementary School; (b) an Installment Financing Contract dated as of November 1, 2011 (the "2011 Contract"), between the County and SunTrust Equipment Finance & Leasing Corp., the proceeds of which were used to refinance (i) the construction and equipping of Overhills High School and Lillington-Shawtown Elementary School and (ii) water and sewer system improvements; (c) an Installment Purchase Contract dated as of April 15, 2007, as supplemented and amended by Amendment Number One to the Installment Purchase Contract dated as of April 1, 2015 (as supplemented and amended, the "2015 Contract") with Harnett County Public Facilities Corporation, the proceeds of which were used to refinance (i) the construction, furnishing and equipping of Overhills Elementary School, (ii) the construction, furnishing and equipping of a jail and law enforcement facility, (iii) the construction of a gymnasium at Coats Elementary School, and (iv) the construction of a solid waste transfer station; (d) an Installment Financing Contract dated as of August 1, 2015 (the "2015 First Bank Contract") between the County and First Bank, the proceeds of which were used to (i) refinance the acquisition, construction, renovation, equipping and furnishing of the County's Agricultural Center and Animal Control Center, (ii) finance various improvements to the County's Public Works Facility, and (iii) finance the acquisition of land; (e) an Installment Financing Contract dated as of April 21, 2016 (the "2016 Contract" and, together with the 2010 Contract, the 2011 Contract, the 2015 Contract and the 2015 First Bank Contract, the "Prior Contracts"), between the County and Regions Capital Advantage, Inc., the proceeds of which were used to refinance (i) the construction, furnishing and equipping of Boone Trail Elementary School and (ii) the construction, furnishing and equipping of additions to Harnett Central High School, Johnsonville Elementary School and Highland Elementary School; and (f) the County's Special Obligation Bond, Series 2013 (the "Special Obligation Bond") issued pursuant to a bond order duly adopted by the Board of the County on December 17, 2012 and a bond resolution duly adopted by the Board on December 17, 2012, the proceeds of which were used to (1) acquire, construct and install a leachate collection system at the Dunn Erwin Landfill facility and (2) make certain improvements to the facility's convenience center and transfer station; and (2) pay certain costs incurred in connection with the execution and delivery of the Contract; WHEREAS, to secure its obligations under the Contract, the County will execute and deliver a Deed of Trust, Security Agreement and Fixture Filing dated as of September 1, 2020 (the "Deed of Trust"), granting a lien on the County's fee simple interest in Angier Elementary School, Overhills Elementary School, Overhills High School and Harnett Central High School, together with the improvements thereon; WHEREAS, the Corporation will execute and deliver, in one or more series, an aggregate principal amount not to exceed $65,000,000 of its Limited Obligation Refunding Bonds (collectively, the "Bonds"), each evidencing proportionate undivided interests in rights to receive certain Revenues (as defined in the Contract) pursuant to the Contract; WHEREAS, in connection with the sale of the Bonds to PNC Capital Markets LLC and Robert W. Baird & Co. Incorporated (the "Underwriters"), the Corporation will enter into a Contract of Purchase to be dated on or about September 2, 2020 (the "Purchase Contract") between the Corporation and the Underwriters relating to the Bonds, and the County will execute a Letter of Representation to the Underwriters (the "Letter of Representation"); PPAB 5718951v2.Doc WHEREAS, there have been described to the Board the forms of the following documents (collectively, the "Instruments"), copies of which have been made available to the Board, which the Board proposes to approve, enter into and deliver, as applicable, to effectuate the proposed installment financing: (1) the Contract; (2) the Deed of Trust; (3) an Indenture of Trust dated as of September 1, 2020 (the "Indenture") between the Corporation and U.S. Bank National Association, as trustee; (4) the Purchase Contract and the Letter of Representation; and (5) the Escrow Agreement dated as of September 1, 2020 (the "Escrow Agreement") between the County and U.S. Bank National Association, as escrow agent. WHEREAS, to make an offering and sale of the Bonds, there will be prepared a Preliminary Official Statement with respect to the Bonds (the "Preliminary Official Statement"), a draft thereof having been presented to the Board, and a final Official Statement relating to the Preliminary Official Statement (together with the Preliminary Official Statement, the "Official Statement"), which Official Statement will contain certain information regarding the County; WHEREAS, it appears that each of the Instruments and the Preliminary Official Statement is in an appropriate form and is an appropriate instrument for the purposes intended; WHEREAS, the Board conducted a public hearing on July 20, 2020 to receive public comment on the proposed Contract and the transactions contemplated thereby; and WHEREAS, the County has filed an application to the LGC for approval of the Contract; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS: Section 1. Ratification of Instruments. All actions of the County, the Chairman of the Board (the "Chairman"), the Clerk to the Board (the "Clerk"), the County Manager, the Finance Officer, the County Attorney and their respective designees, whether previously or hereinafter taken, in effectuating the proposed financing are hereby approved, ratified and authorized pursuant to and in accordance with the transactions contemplated by the Instruments. Section 2. Authorization of the Official Statement The form, terms and content of the Preliminary Official Statement are in all respects authorized, approved and confirmed, and the use of the Preliminary Official Statement and of the final Official Statement by the Underwriters in connection with the sale of the Bonds is hereby in all respects authorized, approved and confirmed. The Chairman, the County Manager and the Finance Officer are each hereby authorized and directed, individually and collectively, to deliver, on behalf of the County, the Official Statement in substantially such form, with such changes, insertions and omissions as each may approve. Section 3. Authorization to Execute the Contract. The County approves the refinancing of the Prior Obligations in accordance with the terms of the Contract, which will be a valid, legal and binding obligation of the County in accordance with its terms. The form and content of the Contract are hereby in PPAB 5718951 v2.Doc all respects authorized, approved and confirmed, and the Chairman, the Clerk, the County Manager and the Finance Officer and their respective designees are hereby authorized, empowered and directed, individually and collectively, to execute and deliver the Contract, including necessary counterparts, in substantially the form and content presented to the Board, but with such changes, modifications, additions or deletions therein as they may deem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the County's approval of any and all changes, modifications, additions or deletions therein from the form and content of the Contract presented to the Board. From and after the execution and delivery of the Contract, the Chairman, the Clerk, the County Manager and the Finance Officer are hereby authorized, empowered and directed, individually and collectively, to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Contract as executed. Section 4. Authorization to Execute the Deed of Trust The County approves the form and content of the Deed of Trust, and the Deed of Trust is in all respects authorized, approved and confirmed. The Chairman, the Clerk, the County Manager, the Finance Officer and their respective designees are hereby authorized, empowered and directed, individually and collectively, to execute and deliver the Deed of Trust, including necessary counterparts, in substantially the form and content of the Deed of Trust presented to the Board, but with such changes, modifications, additions or deletions therein as they may deem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the County's approval of any and all changes, modifications, additions or deletions therein from the form and content of the Deed of Trust presented to the Board. From and after the execution and delivery of the Deed of Trust, the Chairman, the Clerk, the County Manager and the Finance Officer are hereby authorized, empowered and directed, individually and collectively, to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Deed of Trust, as executed. Section 5. Authorization to Execute the Escrow Agreement. The County approves the form and content of the Escrow Agreement, and the Escrow Agreement is in all respects authorized, approved and confirmed. The Chairman, the Clerk, the County Manager, the Finance Officer and their respective designees are hereby authorized, empowered and directed, individually and collectively, to execute and deliver the Escrow Agreement, including necessary counterparts, in substantially the form and content of the Escrow Agreement presented to the Board, but with such changes, modifications, additions or deletions therein as they may deem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the County's approval of any and all changes, modifications, additions or deletions therein from the form and content of the Escrow Agreement presented to the Board. From and after the execution and delivery of the Escrow Agreement, the Chairman, the Clerk, the County Manager and the Finance Officer are hereby authorized, empowered and directed, individually and collectively, to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Escrow Agreement as executed. Section 6. Purchase Contract and Letter of Representation. The form and content of the Purchase Contract are hereby approved in all respects, and the County Manager and the Finance Officer are hereby authorized, empowered and directed, individually and collectively, to execute and deliver the Letter of Representation, including necessary counterparts, in substantially the form and content of the Letter of Representation presented to the Board, but with such changes, modifications, additions or deletions therein as they may deem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the County's approval of any and all changes, modifications, additions or deletions therein from the form and content of the Letter of Representation presented to the Board. From and after the execution and delivery of the Letter of Representation, the County Manager and the Finance Officer are hereby authorized, empowered and directed, individually and collectively, to do all PPAB 5718951v2.noc such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Letter of Representation as executed. Section 7. County Representative. The Chairman, the County Manager and the Finance Officer are hereby designated as the County's Representative to act on behalf of the County in connection with the transactions contemplated by the Instruments and the Preliminary Official Statement, and the Chairman, the County Manager and the Finance Officer are authorized, individually and collectively, to proceed with the transactions contemplated by the Contract in accordance with the Instruments and to seek opinions as a matter of law from the County Attorney, which the County Attorney is authorized to furnish on behalf of the County, and opinions of law from such other attorneys for all documents contemplated by this Resolution as required by law. The County's representatives or designees are in all respects authorized on behalf of the County to supply all information pertaining to the County for use in the Official Statement and the transactions contemplated by the Instruments or the Preliminary Official Statement. The County's representatives or their respective designees are hereby authorized, empowered and directed, individually and collectively, to do any and all other acts and to execute any and all other documents which they, in their discretion, deem necessary or appropriate to consummate the transactions contemplated by the Instruments or the Preliminary Official Statement or as they deem necessary or appropriate to implement and carry out the intent and purposes of this Resolution. Section 8. Severability. If any section, phrase or provision of this Resolution is for any reason declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions of this Resolution. Section 9. Repealer. All motions, orders, resolutions and parts thereof, in conflict herewith are hereby repealed. Section 10. Effective Date. This Resolution is effective on the date of its adoption. On motion of Commissioner Springle, and seconded by Vice Chairman Miller, the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS" was duly adopted by the following vote: AYES: 5 NAYS: 0 PPAB 5718951 v2.Doc 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 OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS" adopted by the Board of Commissioners of the County of Harnett, North Carolina at a meeting held on the 3rd day of August, 2020. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 3`d day of August, 2020. [SEAL] PPAB 5718951v2.Doc ARG Clerk t Coun T REGIN HEELER the Board of Harnett, orth Carolina