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Home My WebLink About120516mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting December 5, 2016 The Harnett County Board of Commissioners met in regular session on Monday, December 5, 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 9:00 am. Commissioner Elmore led the Pledge of Allegiance and invocation. Commissioner Miller moved to approve the following items listed on the consent agenda. Vice Chairman Springle seconded the motion which passed unanimously. 1. Minutes: November 21, 2016 Regular Meeting 2. Budget Amendments: 165 Health Department Code 110-7600-441.32-26 Incentives 110-0000-353.76-05 Donations 174 JCPC Programs Code 110-5899-420.32-82 Return of Unspent Grant Funds 110-0000-399-00-00 Fund Balance Appropriated 176 Administration Code 110-4150-410.30-04 Professional Services 110-8800-490.32-16 Contingency 210 increase 210 increase 10,531 increase 10,531 increase 14,200 increase 14,200 decrease December 5, 2016 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 6 177 Veterans Court Code 253-4404-441.35-77 Veterans Court 253-0000-331.88-04 Veterans Court BJA 179 Cooperative Extension Code 110-7398-465.32-29 Agriculture 110-0000-399-00-00 Fund Balance appropriated 181 Health Department Code 110-7600-441.32-26 110-7600-441.33-50 110-7600-441.54-26 110-7600-441.60-33 110-7600-441.60-46 110-7600-441.60-47 110-0000-334.76-03 186 Animal Services Code 110-5500-420.35-80 110-0000-334.65-01 110-0000-399.00-00 187 Public Utilities Code 531-9030-431.43-19 531-0000-399-00-00 189 General Fund Article 46 Code 225-8600-480-90-10 225-0000-399-00-00 Incentives Contracted Services Advertisement Materials & Supplies Medical Supplies Food & Provisions General Aid counties I Care Spay & Neuter Animal Control Spay & Neuter Fund Balance Appropriated Operating Repair Maint. System Fund Balance Appropriated Sales Tax Other Financing Uses Fund Balance Appropriated 3. Resolution to add roads to state system (Attachment 1) 2,405 increase 2,405 increase 1,000 increase 1,000 increase 4,500 increase 11,500 increase 2,000 increase 50,900 increase 3,500 increase 600 increase 73,000 increase 7,000 increase 10,000 increase 3,000 increase 250,000 increase 250,000 increase 1,109,360 increase 1,109,360 increase 4. Harnett County Cooperative Extension requested permission to approve the Family Resource Management Contract with NC Ag Foundation. The contract will end when the funds, approximately $18,000, are depleted. 5. Harnett County Parks and Recreation requested approval to accept the Parks and Recreation Trust Fund grant in the amount of $400,000. The grant will be used to build Phase 1 of the Government Complex Park located adjacent to the Sandhills Farm Park. 6. Harnett County Public Utilities requested approval of an engineering consulting agreement in the amount of $135,800 with McGill Associates PA out of Pinehurst, NC to provide design and construction administrative services on several upcoming projects. This agreement would establish a standing contract to perform this work for the South Central Water Transmission Project. December 5, 2016 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 6 7. Harnett County Public Utilities requested approval of the South Central Water Transmission Line Project Ordinance in the amount of $1,027,900. This project consists of the construction of approximately 7,500 linear feet of 12 -inch ductile iron water transmission line in the Bunnlevel are of Harnett County. 8. Harnett County Sheriff's Office requested approval to accept a donation of $54,988 from former Sheriff Larry Rollins to be used for Sheriff's Office Capital Outlay purchases. 9. Harnett County General Services requested approval of an amendment to the Harnett County Language Access Plan as required by the North Carolina Housing Finance Agency. The amendment includes an analysis of identifying Limited English Proficient (LEP) persons in Harnett County and what steps will be implemented to assist LEP individuals. 10. Resolution to Convey County Owned Real Property to Habitat for Humanity of Harnett County, Inc. (Attachment 2) 11. Administration requested approval of the revised by-laws of the Nonprofit Committee 12. Resolution to award iPad Air 2 to Commissioner Jim A. Burgin (Attachment 3) 13. Harnett County Finance Officer requested approval of the Benhaven Elementary Project Ordinance in the amount of $1,109,360 14. Resolution Declaring the Intent of the County of Harnett, North Carolina to Issue Approximately $23,000,000 General Obligation School Bonds to Finance Benhaven Elementary School, as Requested by the Board of Education of Harnett County, and to Reimburse Itself for Capital Expenditures Incurred in Connection with the Acquisition and Construction of Benhaven Elementary School from the Proceeds of such Obligation Schools Bonds Expected to be Issued in Fiscal Year 2017. (Attachment 4) Chairman Burgin addressed the group. Fort Bragg Deputy Garrison Commander Justin Mitchell presented commissioners with a letter of conveyance from Colonel Brett T. Funck requesting tract 404-1 Hairfield Tract be conveyed to Harnett County as soon as possible. The Hairfield Tract consist of approximately 154.1 acres and a condition of conveyance is that the property must be developed and used for educational purposes. The meeting was recessed to reconvene after the following swearing-in ceremony. December 5, 2016 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 6 Mr. Snow was the Master of Ceremonies. Reverend Scott Ellison, Reserve Harnett County Sheriff Deputy, gave the invocation. The Honorable District Court Judge Joy A. Jones and Harnett County Clerk of Superior Court Marsha L. Johnson administered oaths to the following elected officials: Board of Education member — District 2 William H. Morris Board of Education member — District 3 Jason Lemons Board of Education member — District 4 Eddie Jaggers County Commissioner — District 3 Howard Penny Jr. County Commissioner — District 4 C. Gordon Springle County Commissioner — District 5 Joe Miller Register of Deeds Kimberly S. Hargrove Margaret Regina Wheeler, Clerk to the Board, was called upon to reorganize the board. NC General Statute 153A-39 requires the Board of Commissioners to reorganize at its first regular meeting in December of each year. Ms. Wheeler opened the floor for nominations for chairman. Commissioner Elmore nominated Commissioner Springle. Commissioner Miller moved to close the nomination. Commissioner Elmore seconded the motion, which passed unanimously. Commissioner Springle was unanimously elected Chairman of the Board. Chairman Springle opened the floor for nominations for vice chairman. Commissioner Elmore nominated Commissioner Miller. Commissioner Elmore moved to close the nominations. Commissioner Miller seconded the motion, which passed unanimously. Commissioner Miller was unanimously elected Vice Chairman of the Board. Members present: Gordon Springle, Chairman Joe Miller, Vice Chairman Abe Elmore, Commissioner Barbara McKoy, Commissioner Howard Penny Jr., Commissioner Chairman Springle called for additions and deletions to the published agenda. Vice Chairman Miller moved to approve the agenda as published. Commissioner Elmore seconded the motion which passed unanimously. Vice Chairman Miller moved to approve the following items listed on the consent agenda. Commissioner Penny seconded the motion which passed unanimously. 1. 2017 Schedule of Meetings of the Harnett County Board of Commissioners 2. Resolution to Cancel the December 13, 2016 Work Session and December 19, 2016 Regular Meeting of the Harnett County Board of Commissioners (Attachment 5) Chairman Springle opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. No one spoke. There were no appointments. December 5, 2016 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 6 Jason M. Epley, AICP, Benchmark Planning, provided an informational presentation of the Fort Bragg Joint Land Use Study. Harnett County Development Services Director Mark Locklear was also present. Mr. Epley, Mr. Locklear and Mr. Jeffries responded to questions and discussions continued. Barry Blevins, Director of General Services, presented Harnett Area Rural Transit System (HARTS) request for approval of the purchase of three (3) 9-ambulatory/3-non-ambulatory passenger vehicles, as well as approval of three (3) new full-time driver positions to operate vehicles for Non -Emergency Medical Transportation (NEMT). The initial cost is $216,275. Lawrence Smith, Transit Services Manager, explained that under the current state, Non - Emergency Medical Transportation (NEMT) requests placed upon HARTS, after a major vendor/provider suspended operations in November 2016, increased 65%. The additional demand reduced the resources available for `other' transportation requests, leaving some citizens without transportation to work, shopping, and special needs outings. Staff noted at this time, HARTS is providing all ADA compliant "lift" and additional Ambulatory NEMT transportation for Medicaid requested/approved trips. Mr. Blevins estimates the revenue potential at $267,420. Mr. Smith said they plan to strictly dedicate three employees and three vehicles to Medicaid transportation. Commissioner McKoy asked if they would keep the one vendor they currently have. Mrs. Honeycutt said they could use the money in the budget for the current year and the program revenue to offset additional program expenses so it should balance out. Commissioner Elmore confirmed no new money and moved to approve the request as presented. Vice Chairman Miller seconded the motion which passed unanimously. Mr. Jeffries presented the following reports: - Harnett County Financial Summary Report - October, 2016 - Harnett County Sales Tax Analysis by Article — August 2016 - Harnett County Public Health Activities Summary — October 2016 - Interdepartmental Budget Amendments Vice Chairman Miller moved to nominate Gordon Springle to serve as the voting delegate during the upcoming NCACC Legislative Goals Conference in Wake County. Commissioner Elmore seconded the motion that passed unanimously. There was no new business. Vice Chairman Miller moved that the Board go into closed session for the following purpose: 1) Consultation with the County's legal staff in order to preserve the attorney-client privilege concerning the handling of certain claims and litigation including the following case: "Estate of John David Livingston, II et als, vs Harnett County Sheriffs Dept.", Harnett County File No. 16 CVS 1165, Eastern District of NC Western Division No. 5;16 CV -00906 -BO. This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(3). Commissioner Elmore seconded the motion which passed unanimously. December 5, 2016 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 6 Commissioner Elmore moved that the Board come out of closed session. Commissioner McKoy seconded the motion that pass unanimously. Mr. Snow corrected the case # in the original motion to go into closed session. Mr. Jeffries provided an update on HeadStart noting they have 3 options which are to renovate their current building, pursue modular units or contract with a private company to build a building. Mr. Jeffries said they want 13,000 square feet of space. Chairman Springle reminded the group of the upcoming Christmas reception at the Sheriffs Office and the Employee Annual Luncheon. Commissioner Elmore moved to adjourn the meeting at 11:54 am. Vice Chairman Miller seconded the motion that passed unanimously. Mark B. Jo hairman :,. e�; : et Regin Wheeler, Clerk December 5, 2016 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 6 ATTACHMENT 1 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 streets. Highgrove Subdivision Sedgefield Lane Heathrow Drive (SR 2510 Ext.) Highgrove Drive (SR 2508 Ext.) Lancaster Court Salisbury Lane Rushmoor Lane New Castle Lane Duly adopted this 5th day of December, 2016. ATTEST: HARNETT COUNTY BOARD OF COMMISSIONERS Mar;', et Regineeler Cler to the Bo strong roots • new growth Jim Burgin, ►' airman www.harnett.org ATTACHMENT 2 RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS TO CONVEY COUNTY OWNED REAL PROPERTY TO HABITAT FOR HUMANITY OF HARNETT COUNTY, INC. THAT WHEREAS, HABITAT FOR HUMANITY OF HARNETT COUNTY, INC. is a non-profit corporation created under the laws of North Carolina whose purpose is to create and provide at a reasonable cost, safe and habitable single family residential housing to low income and needy citizens of Harnett County; and WHEREAS, Harnett County is the owner of a vacant real property lot located at 60 Gladiola Drive, Spring Lake, Harnett County, NC 28390 which is more particularly described as follows: BEING all of Lot No. 186, in a Subdivision known as Rolling Springs, Land of Country Living Section Two, according to a plat of same duly recorded in Book of Plats 18, Page 14, Harnett County Registry, North Carolina, PIN ID No: 0514-11-9271.0000; and WHEREAS, Habitat for Humanity of Harnett County, Inc. has made a request to the Harnett County Board of Commissioners for assistance in fulfilling its charitable work for the citizens of Harnett County; that the County Board of Commissioners recognizes Habitat for Humanity's long and distinguished service in obtaining real property lots, identifying qualified applicants, constructing quality single family homes, conveying said homes to needy individuals at affordable terms, and reinstating properties at enhanced values back on the County ad valorem tax rolls; and WHEREAS, the Harnett County Board of Commissioners has made the determination pursuant to the provisions of N.C. General Statutes §160A-279 and §160A-267 to donate and convey the County's title interest in the above described real property lot as an appropriation to Habitat For Humanity of Harnett County, Inc. for carrying out its public purpose. NOW, THEREFORE, the Harnett County Board of Commissioners hereby resolves the following: 1. That the Harnett County Board of Commissioners hereby recognizes and determines that Habitat for Humanity of Harnett County, Inc., a N.C. non-profit corporation, carries out a public purpose and is a viable and deserving private entity to which the County is authorized to appropriate the transfer of real property. 2. That the Chairman of the Harnett County Board of Commissioners is hereby authorized to convey by Special Warranty Deed to Habitat for Humanity of Harnett County, Inc., a N.C. non-profit corporation, Harnett County's title interest in that vacant real property lot previously described in this Resolution in exchange for no monetary consideration. 3. That pursuant to N.C. General Statutes §160A-279 and §160A-267, a notice summarizing the contents of this Resolution shall be published once with the conveyance to be consummated no sooner than 10 days after the notice publication date. This Resolution is duly adopted at the regular meeting for the Harnett County Board of Commissioners on Monday December 5, 2016. A'1"1tSTED: HARNETT COUNTY BOARD OF COMMISSIONERS Ji • urgin, " airm arg. et Regina feeler Cou y Board Cler ATTACHMENT 3 �4r and Harnett COUNTY NORTH CAROLINA Resolution THAT, WHEREAS, James A. Burgin became a Harnett County Commissioner in 2008; www.harnett.org WHEREAS, North Carolina General Statute 160A-265 allows the governing body, at its discretion, to (i) hold, use, change the use thereof to other uses, or (ii) sell or dispose of real and personal property, without regard to the method or purpose of its acquisition or to its intended or actual governmental or other prior use; and. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that Commissioner Jim Burgin, as requested, be awarded the iPad Air 2 given to him to use during his tenure. Duly adopted this 5th day of December, 2016. HARNETT COUNTY BOARD OF COMMISSIONERS Attest: Margaret Regina We}eler, Clerk to the Board strong roots • new growth Go don :ringle®Vice Chairman 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 was held on December 5, 2016, at 9:00 a.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 The following members 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 Commissioner Miller 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 COUNTY OF HARNETT, NORTH CAROLINA DECLARING THE INTENT OF THE COUNTY OF HARNETT, NORTH CAROLINA TO ISSUE APPROXIMATELY $23,000,000 GENERAL OBLIGATION SCHOOL BONDS TO FINANCE BENHAVEN ELEMENTARY SCHOOL, AS REQUESTED BY THE BOARD OF EDUCATION OF HARNETT COUNTY, AND TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES INCURRED IN CONNECTION WITH THE ACQUISITION AND CONSTRUCTION OF BENHAVEN ELEMENTARY SCHOOL FROM THE PROCEEDS OF SUCH GENERAL OBLIGATION SCHOOL BONDS EXPECTED TO BE ISSUED IN FISCAL YEAR 2017. WHEREAS, the Board of Education of the County of Harnett (the "Board of Education") has requested that the Board of Commissioners (the "Board") of the County of Harnett, North Carolina (the "County") issue approximately $23,000,000 of tax-exempt general obligation school bonds (the "Bonds") in order to finance the acquisition and construction of Benhaven Elementary School (the "Project"), pursuant to the bond order adopted by the Board on July 21, 2014 and effective on approval by the voters of the County at a referendum duly held on November 4, 2014; and WHEREAS, the County intends to proceed with the Project and expects to incur and pay certain expenditures in connection with the Project prior to the date of issuance of the Bonds (the "Original Expenditures"), such Original Expenditures to be paid for originally from a source other than the proceeds of the Bonds, and the County intends, and reasonably expects, to be reimbursed for such Original PPAB 3139930v1 Expenditures from a portion of the proceeds of the Bonds to be issued at a date occurring after the dates of such Original Expenditures; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett, North Carolina as follows: Section 1. Official Declaration of Intent. The County presently intends, and reasonably expects, to reimburse itself for the Original Expenditures incurred and paid by the County on or after the date occurring 60 days prior to the date of adoption of this Resolution from a portion of the proceeds of the Bonds. The County reasonably expects to issue the Bonds in the fiscal year ending June 30, 2017, and the maximum principal amount of Bonds reasonably expected to be issued by the County to pay for all or a portion of the costs of the Project, which amount is subject to change, is expected to be approximately $23,000,000. Section 2. Compliance with Regulations. The County adopts this Resolution as a declaration of official intent under Section 1.150-2 of the Treasury Regulations promulgated under Section 103 of the Internal Revenue Code of 1986, as amended, to evidence the County's intent to reimburse itself for the Original Expenditures from proceeds of the Bonds. Section 3. Itemization of Capital Expenditures. The Finance Officer of the County, with advice from special counsel, is hereby authorized, directed and designated to act on behalf of the County in determining and itemizing all of the Original Expenditures incurred and paid by the County in connection with the Project during the period commencing on the date occurring 60 days prior to the date of adoption of this Resolution and ending on the date of issuance of the Bonds. Section 4. Effective Date. This Resolution is effective immediately on the date of its adoption. On motion of Commissioner Miller, seconded by Vice Chairman Springle, the foregoing resolution entitled "RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA DECLARING THE INTENT OF THE COUNTY OF HARNETT, NORTH CAROLINA TO ISSUE APPROXIMATELY $23,000,000 GENERAL OBLIGATION SCHOOL BONDS TO FINANCE BENHAVEN ELEMENTARY SCHOOL, AS REQUESTED BY THE BOARD OF EDUCATION OF HARNETT COUNTY, AND TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES INCURRED IN CONNECTION WITH THE ACQUISITION AND CONSTRUCTION OF BENHAVEN ELEMENTARY SCHOOL FROM THE PROCEEDS OF SUCH GENERAL OBLIGATION SCHOOL BONDS EXPECTED TO BE ISSUED IN FISCAL YEAR 2017" was duly adopted by the following vote: AYES: 5 NAYS: 0 PPAB 3139930v1 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 COUNTY OF HARNETT, NORTH CAROLINA DECLARING THE INTENT OF THE COUNTY OF HARNETT, NORTH CAROLINA TO ISSUE APPROXIMATELY $23,000,000 GENERAL OBLIGATION SCHOOL BONDS TO FINANCE BENHAVEN ELEMENTARY SCHOOL, AS REQUESTED BY THE BOARD OF EDUCATION OF HARNETT COUNTY, AND TO REIMBURSE ITSELF FOR CAPITAL EXPENDITURES INCURRED IN CONNECTION WITH THE ACQUISITION AND CONSTRUCTION OF BENHAVEN ELEMENTARY SCHOOL FROM THE PROCEEDS OF SUCH GENERAL OBLIGATION SCHOOL BONDS EXPECTED TO BE ISSUED IN FISCAL YEAR 2017" adopted by the Board of Commissioners of the County of Harnett, North Carolina, at a meeting held on the 5th day of December, 2016. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 5th day of December, 2016. PPAB 3139930v1 ARET ' G r WHEELER Cler o the Boar Co of Harnett, North Carolina ATTACHMENT 5 Harnett COUNTY NORTH RO i'JA A RESOLUTION TO CANCEL THE DECEMBER 13, 2016 WORK SESSION AND DECEMBER 19, 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 it will not meet at its work session and regular scheduled morning meetings of Tuesday, December 13, 2016 and Monday, December 19, 2016. www.harnett.org NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Harnett County that its work session scheduled for Tuesday, December 13, 2016 and regular meeting scheduled for Monday, December 19, 2016 at 9:00 a.m. are hereby canceled; 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 5th day of December, 2016. Attest: HARNETT CQUNTY BOARD OF COMMISSIONERS By: Marg et Regina eler, Clerk strong roots • new growth Burgin, Ch