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Home My WebLink About030716mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting March 7, 2016 The Harnett County Board of Commissioners met in regular session on Monday, March 7, 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. Girl Scout Troop 1783 of Dunn led the pledge of allegiance. Vice Chairman Springle led the invocation. Chairman Burgin called for additions and deletions to the published agenda. Vice Chairman Springle requested the removal of the Resolution of the County of Harnett, North Carolina, Declaring the Intent of the County of Harnett, North Carolina to Issue Approximately $18,000,000 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. Commissioner Miller moved to approve the agenda as amended. Vice Chairman Springle seconded the motion which passed unanimously. Commissioner McKoy moved to approve the following items listed on the consent agenda. Commissioner Elmore seconded the motion which passed unanimously. 1) Minutes: February 1, 2016 Regular Meeting 2) Budget Amendments: 218 Public Utilities Department Code 531-9000-431-74-73 Capital Outlay/Other Improvements 531-9021-431.74-74 Capital Outlay/Equipment 531-9025-431-74-74 Capital Outlay/Equipment 12,000 decrease 17,000 decrease 29,000 increase March 7, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 8 217 Health Department Code 110-7600-441.32-26 110-7600-441.54-26 110-7600-441.55-12 110-7600-441.60-33 110-7600-441.60-45 110-7600-441.60-46 110-7600-441.60-47 110-7600-441.64-25 110-0000-331.76-12 110-0000-331.76-19 219 Sheriff Department Code 110-5100-420.43-16 110-5100-420.60-33 110-5100-420.64-25 110-5100-420.60-57 110-5100-420.32-60 110-5100-420.43-26 110-5100-420.30-04 110-0000-399.00-00 Incentives Advertising Printing Materials & Supplies Drugs Medical Supplies Food & Provisions Books & Publications Family Planning Family Planning TANF Maintenance/Repair-Equipment Materials & Supplies Books & Publications Miscellaneous Expense Towing Auto Damage Professional Services Fund Balance Appropriated 222 Cooperative Extension Adolescent Parenting Program Code 110-7300-465.60-39 Other Materials (Voices into Action) 110-0000-331.73-27 Revenue — Voices into Action 228 Health Department Code 110-7600-441.60-33 Materials & Supplies 110-0000-331.76-01 WIC 232 Cooperative Extension, Parents as Teachers Code 110-7310-465-33-45 Contracted Services 110-7310-465-60-53 Dues & Subscriptions 234 Sheriff's Office Code 110-5100-420-30.04 Professional Services 110-0000-399.00-00 Fund Balance Appropriated 5,852 increase 1,245 increase 1,000 increase 600 increase 5,603 decrease 3,456 decrease 1,500 increase 1,600 increase 3,456 decrease 6,194 increase 7,500 decrease 7,500 decrease 4,000 decrease 500 decrease 2,000 decrease 1,000 decrease 52,500 increase 30,000 increase 2,400 increase 2,400 increase 5,551 increase 5,551 increase 1 decrease 1 increase 30,000 increase 30,000 increase 235 Emergency Services Department Code 110-5300-420-60-33 Materials & Supplies 1,046 increase 110-0000-351.53-02 Fire Marshal Fire Restitution 571 increase 110-0000-322.53-01 Emergency Ser. Non-Compliance/Violations 475 increase March 7, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 8 237 Health Department Code 110-7600-441-58-01 Training 110-0000-331.76-34 State Gov. Grant Public HTH Nursing 238 Health Department Code 110-7600-441-32-26 110-7600-441.54-26 110-7600-441.55-12 110-7600-441.60-33 110-7600-441.60-45 110-7600-441.60-46 110-7600-441.60-47 110-7600-441.64-25 110-0000-331.76-12 110-0000-331.76-12 Incentives Advertising Printing Materials & Supplies Drugs Medical Supplies Food & Provisions Books & Publications Family Planning Family Planning TANF 240 School Project CP1501 Code 308-8300-480.47-51 Security System 308-8300-314.50-00 Sale Tax 241 Cooperative Extension, Adolescent Parenting Program Code 110-7300-465.32-39 Pesticide Recycling 110-0000-334.73-19 Revenue- Pesticide Recycling 246 Cooperative Extension, Agriculture Program Code 110-7398-465.32-39 Agriculture 110-0000-344.12-00 Revenue- Agriculture 250 Solid Waste Code 580-6600-461.33-50 Contracted Services 580-0000-354.01-00 Sale of Other Assets 251 Department of Social Services Code 110-7710-441.80-60 Day Care Smart Start 110-7710-441.80-92 LIEP 110-7710-441.88-70 Duke Merger Settlement 110-7710-441.89-50 Elderly Assistance Donations 110-7710-441.89-20 Central Electric Donation 110-0000-330.77-05 Day Care Smart Start 110-0000-330.77-01 Social Services Administration 110-0000-399.00-00 Fund Balance Appropriated 110-0000-353.06-00 Social Services Donations 1,200 increase 1,200 increase 5,852 increase 1,245 increase 1,000 increase 600 increase 5,603 decrease 3,456 decrease 1,500 increase 1,600 increase 3,456 decrease 6,194 increase 9,525 increase 9,525 increase 5,237 increase 5,237 increase 1,545 increase 1,545 increase 250 increase 250 increase 680,000 increase 7,796 increase 139,734 increase 1,071 increase 4,600 increase 680,000 increase 7,796 increase 139,734 increase 5,671 increase March 7, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 8 261 Harnett County WIOA Dislocated Worker Program Fund Code 234-7411-465.35-61 Paid Work Experience 234-7411-465.32-73 Training Vouchers ITA 234-7411-465.35-83 Training Vouchers Non ITA 234-0000-331.74-11 Harnett Dislocated Worker WIOA 262 Harnett County WIOA Dislocated Adults Program Fund Code 234-7410-465.32-73 Training Vouchers ITA 234-7410-465.35-83 Training Vouchers Non ITA 234-7410-465.58-19 Participant Travel 234-0000-331.74-10 Harnett Adult WIOA Program 4,934 increase 3,661 increase 10,405 increase 19,000 increase 1,000 increase 2,000 increase 2,000 increase 5,000 increase 3) Tax rebates, refunds and releases (Attachment 1) 4) Harnett County Cooperative Extension requested approval to receive a $2,400 grant from NCSU Voices Into Action Grant. Funding will support Harnett County's Child Care R&R Program and Harnett County Cooperative Extension EFNEP Nutritional Education Program. 5) Harnett County Sheriff's Office requested approval to accept the award of seven (7) Maglite ML125 LED flashlights valued at $75.00 each. These units are awarded to Harnett County based upon the N.C. Governor's Highway Traffic Safety Grant point system. 6) Harnett County Sheriff's Office requested approval of resolution approving the retirement of Canine Deputy Quanto; declaring the canine as surplus and awarding it to K9 handler Deputy Michael Kemp for one dollar ($1.00). (Attachment 2) 7) Harnett County Sheriffs Office requested approval to accept the donation of a Glock 17 9mm handgun Serial # VEC035 with magazines and ammunition and a Century Arms 5.45x39 caliber, model # NDS -2 Serial #J003813 with 22 cases of ammunition from Virginia Marie Thompson of 8091 Gates Road, Suffolk, Virginia. 8) Resolution by the Harnett County Board of Commissioners directing staff to publish a Notice of Public Hearing to consider the County's participation in an Economic Development Incentive Agreement. (Attachment 3) 9) Harnett County Administration recommended, in lieu of appropriating County funds, that Harnett County Public Utilities relocate a sewer line for the Erwin Depot Project costing approximately $35,000, 10) Harnett County Finance Officer requested approval to payoff various Public Utilities debt. The approximate cash payoff will be $2,303,816.73 with a potential savings of $175,690.99. March 7, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 8 11) Administration requested approval of a letter of support for CON Application for Harnett Health Cardiac Catheterization Equipment. 12) Harnett County General Services requested approval of a change order in the amount of $3,200 to add vendor signage to US 421 monument sign. The increased funds are available within the current capital budget. 13) Administration requested adoption of the proposed Social Media Use Policy 14) Harnett County Health Director requested approval to establish and increase the following fees: NEW Vaccine fee to be established: CPT CODE DESCRIPTION RECOMMENDED PRICE 90651 HPV (Gardasil 13) $185.00 (new) (Replacing Gardasil) INCREASE 90707 MMR ii $70.00 (current $60) 90710 Proquad — MMR $190.00 (current $160) 90716 Varivax — Varicella $115.00 (current $105) 15) Harnett County Public Utilities requested approval of write-offs for the 4th quarter in the amount of $38,635.35. 16) Proclamation — Girl Scout Week March 6 — 12, 2016 17) Harnett County Joblink requested approval to receive $24,000 in additional funds awarded to operate Harnett County WIOA Adult and Dislocated Worker Programs. 18) Harnett County Cooperative Extension requested approval to receive renewal Child Care Block Grant in the amount of $16,836 from Child Care Network to continue providing training and workshops for child care providers across Harnett County. 19) Harnett County Engineer requested approval of Change Order #1 of the US 421 Improvements Project for the Campbell University School of Osteopathic Medicine Project, Capital Project No. PU 1202 in the amount of $7,760. Campbell University, who is funding the project in its entirety, has approved the change order. 20) Resolution of the Board of Commissioners of the County of Harnett, North Carolina, Authorizing the Refinancing of a County Installment Financing Obligation and Providing for Certain Other Related Matters Thereto. The resolution also directs staff to publish a Notice of Public Hearing to consider the County's $2.2 Million QSCB. (Attachment 4) March 7, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 8 21) Resolution of the Board of Commissioners of the County of Harnett, North Carolina, Authorizing the Refinancing of a County Installment Financing Obligation and Providing for Certain Other Related Matters Thereto. The resolution also directs staff to publish a Notice of Public Hearing to consider the County's 2009 COPs refinancing. (Attachment 5) Commissioners presented the Proclamation — Girl Scout Week March 6 —12, 2016 — to Girl Scout Troop 1783 of Dunn. Chairman Burgin opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. - Cris Nystrom of 391 Center Lane in Bunnlevel said, assuming a person is coming to our county in peace, he hopes the first thing people find when they come here is citizens and county employees giving them a warm welcoming smile that they know everything is going to be fine. - Jerry Rivas of 364 Twin Ponds Road in Sanford said he is deeply concerned over the situation with John Livingston who he considers to have been murdered by a Harnett County Sheriff Deputy last November. Mr. Rivas said District Attorney Vernon Stewart and Sheriff Rollins are dragging their feet and they need to be held accountable. Commissioner Miller moved to approve the appointments listed below. Vice Chairman Springle seconded the motion which passed unanimously. Adult Care Home Community Advisory Committee Grace Watts, Annie J. Owens and Rhonda Hutchison were appointed to serve on this committee for a term of one year expiring March 31, 2017. Ursela McLean was reappointed to serve on this committee for a term of three years expiring February 28, 2019. Agricultural Advisory Board Brian Stafford was reappointed to serve on this board for a term of three years expiring March 1, 2019. Harnett County Public Facilities Corp. Board of Directors Steve Ward was appointed to serve on this board to serve on this board for a term of one year expiring March 31, 2017. Joseph Jeffries was reappointed to serve on this board for a term of one year expiring March 31, 2017. Harnett Nursing Home Community Advisory Committee Susan Byerly was appointed to serve on this committee for a term of one year expiring March 31, 2017. March 7, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 8 Harnett Nursing Home Community Advisory Committee Doris Olds was reappointed to serve on this committee for a term of three years expiring January 31, 2019. Historic Properties Commission Melanie Collins was reappointed to serve as an alternate on this commission for a term of three years expiring February 28, 2019. Transportation Advisory Board Barry Blevins, Carl Davis, John Finger, Patrick Fitzgerald, Valerie Gilchrist, Lisa Guy, Mark Locklear, Jotonia McLean, Jimmy Riddle, John Rouse, Kittrane Sanders, Mary Jane Sauls, Terri Strickland and Eric Truesdale were appointed to serve on this Board for a term of one year expiring March 31, 2017. Chairman Burgin recognized Angier Mayor Lewis Weatherspoon in the audience. Mr. Jeffries presented the following reports: - Harnett County Sales Tax Analysis by Article - November 2015 - Harnett County Financial Summary Report - January 2015 - Harnett County Public Health Activities Summary — January 2016 - Veterans Affairs Activities Reporting — January & February 2016 - Planning Services Report — January 2016 - Community Child Protection Team (CCPT) Annual Report - Internal Budget Amendments Mr. Jeffries also updated the Board that there is a possibility that RTRP will provide training for Economic Development. He noted that the budget process has begun and department heads had presented their budgets and staff was beginning capital request meetings. He said 30 nonprofits have requested over $330,000 at this time. Preliminary budget discussions continued. Commissioners requested an update on workers comp. at their next work session. Chairman Burgin called for any new business. Commissioner Miller thanked staff for the fantastic job they did with the recent community update meeting in western Harnett. Commissioner McKoy will work with staff to setup additional community meetings to ensure the whole county is covered. Chairman Burgin asked staff to set up a meeting to discuss mental health in the next couple of months including folks from Good Hope, Sandhills, the State and local hospitals. He also asked that staff set up a developers meeting in the next few months including our Planning and Inspections staff. Chairman Burgin said Harnett County is getting ready to experience some growth in the next few years and we need to talk about how to collectively move forward in a positive matter. It was the consensus of the Board that Harnett County host an Ag. Manufacturing Development Summit. The group also talked about convenient centers and litter in the county. Mr. Jeffries noted that County Engineer Amanda Bader would be discussing convenient centers and sites during an upcoming work session. March 7, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 7 of 8 Commissioner McKoy moved that the Board go into closed session for the following purposes: 1) To consult 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 cases: a. "Key Constructors, Inc. vs Harnett County, et al" 5:16 CV25 (EDNC); b. "In re: Gail Newson Highsmith", case No. 12-80586 (MONC); c. "Stewart vs Alfonza McNeil/Atlantic Ins.", Harnett County 15CVS1729. 2) To instruct the County staff concerning the position to be taken by the County in negotiating the terms of an employment contract and to discuss personnel matters. This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(3), (6) & (5). Vice Chairman Springle seconded the motion which passed unanimously. Commissioner McKoy moved that the board come out of closed session. Commissioner Elmore seconded the motion which passed unanimously. Commissioner Elmore moved to adjourn t ; g at 12:14 pm. Commissioner Miller seconded the motion, w hick passed un W. Brooks Matthews, Chairman CIrprov ed a -I -a!) t Regina V( eler, Clerk March 7, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 8 of 8 ATTACHMENT 1 ATTACHMENT 1 N a) m CL U 2 ra co N a) a) C C • O • ra ra E O 0 4- 0 O -1 4- a) o C: m >. o UP O 0 ++ L.) @ O N 4+) a a) M D: 0 i c fa o Qj 2 U o m 0 H aco r Cc cn W 0 Z J J J J J } J cc cc -� -, c 2 2 2 2 2 I— I— w UJ UJ UJ UJ I— I— Q l7 l'� C7 C7 Z 0 ZCC CC W W W W CC W Z Z 0 0 W Q W W W W C: W 0 m m m m m 0= O O O O W 2 tQo Y Y Y Y -W-, Y O cc 0: J O Q Q Q Q Q= J N —.000000 N N N N In W Z Z Z Z Z w Z 2 2 2 2 J Q H Q Z Z Z Z Z Z a 0 0 W W 0 COa 0 0 0 0 0 0 0 L 2 2 2 2 2 2 W O OOcc QO j UOwjj z u cc 3 3 u u u u u u 4-. c 7 r -I 00 N M NN 0 CO h11.00 r -I to to oO N N O u1000 r-1 ri N 00 r� MCGEE, MELODY H MCGEE, MELODY H cl 00 C cl O N u1 to ri M N O in in Q 00 4 N cl 00 ri Ol N N O 00 M o N ri ri cl M M to N ri N us" N00 N CO Lf)tp N Ct N ul DO 00 00 1:3N M N N lD MTr Tr N N ^ ri Tr ri e -I Lf1 ^ ^ ri ri ri C ri ri ri ri ri N ri ri ri ri N t4- a) Ce -O u1 d' m co 0oi i N co co O 0 O m N ill M N N N 0 00 00 01 N c1 rn O cr 00 N N ri O O O r ---O t0 O to to u9 to I.n 6n >N O co O M N ul M M N N 00 M to LA ri N ri O O O a N m c1 Cf to ri O O r -I M ri ul M ri CO N M 01 M 01 01 u to r- In to to 00 m N Ncr, O N u'1 m to in C dt m m a) ri ri ri ri ri N ri ri ri ri N N N N N N N t-1 ri ri cc 0) A W W W W W W W W W W W W W W W W W W W W W W W CC CC CC CC CC CC CC CC CC CC CC CC CC CC CC CC CC CC CC CC CC CC CC m Adjustment Reason 0000038443-2015-2015-0000-00 0000038443-2014-2014-0000-00 0000038443-2013-2013-0000-00 0000038443-2012-2012-0000-00 0000038443-2011-2011-0000-00 > > > > > EEEEE 0)0)0)0)0) 0000009239-2014-2014-0000-00 0000060859-2015-2014-0001-00 a) :1-' :1-' O_�71 _ 4 fa a) EEEEE N = 2 2 2 2 Q LL 0000060859-2013-2013-0000-00 Adjustment 0000060859-2012-2012-0000-00 Adjustment 0000060859-2011-2011-0000-00 Adjustment 0000060859-2010-2010-0000-00 Adjustment 0000060859-2014-2014-0000-00 0002181510-2015-2015-0000-00 w c a) a) 0000058309-2015-2015-0000-00 Landfill error 0000064317-2015-2015-0000-01 0000060359-2015-2015-0000-01 0000053965-2015-2015-0000-01 0001092494-2015-2015-0000-01 0002185713-2015-2015-0000-01 0000010232-2015-2015-0000-01 CU 11) OD MO CIJ CU m 1:10 CCCCCC CUM r0 n3R3 t L L t t t U f.) 0 0 0 0 Vs .fl U) N N H 7 7 7 3 3 7 CCCC CC J J J J CUM 00 O O 0 0nh ri 0 0 41 ri ri 0 0 N N CD 0 00 '00 M m O 0 0 00 0 0 Adjustment Adjustment 0000033807-2012-2012-0000-00 Adjustment S. 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Keith Faulkner Tax Administrator ATTACHMENT 2 NORTH CAROLINA HARNETT COUNTY RESOLUTION THAT, WHEREAS, Deputy Michael Kemp has been the handler for Canine Quanto since 2007; and WHEREAS, with nine years of distinguished service to Harnett County, Canine Quanto has been recommended for retirement by Lillington Veterinary Clinic; and WHEREAS, Deputy Michael Kemp has expressed an interest that Canine Quanto be released to his care for the remainder of Quanto's life; and WHEREAS, North Carolina General Statute 160A-267 permits the Harnett County Board of Commissioners to authorize the disposition of property valued at less than Thirty Thousand Dollars ($30,000.00) by private sale; NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that Canine Deputy Quanto is hereby retired and is declared surplus to the needs of County of Harnett and is hereby awarded to Deputy Michael Kemp for one dollar ($1.00). Duly adopted this ATTEST: f441 day of a rC i1 ,20)1,. HARNETT COUNTY BOARD OF COMMISSIONERS Clerk rko the Bard e. airman Bu yin ATTACHMENT 3 NORTH CAROLINA RESOLUTION HARNETT COUNTY THAT WHEREAS, Jackson Family Enterprises, LLC, a North Carolina Limited Liability Company (Jackson Enterprises) and 3 M & N, Inc., a North Carolina Corporation (3 M & N) have recently established and begun operations of a Zaxby's restaurant facility located off NC Highway 24-87 at 80 Brandywood Court, Cameron, Harnett County, NC 28326; and WHEREAS, Jackson Enterprises and 3 M & N have requested that Harnett County provide certain economic development incentives to Jackson Enterprises and/or 3 M & N which will assist said companies in the establishment of that Zaxby' s restaurant facility in Harnett County which will provide a greater tax base, create jobs and increase economic activity for the benefit of the County's citizens; and WHEREAS, pursuant to the provisions of the Local Development Act, N.C. General Statutes §158-7.1, prior to awarding economic development incentives, the Harnett County Board of Commissioners shall hold a public hearing in order to obtain public comment concerning the proposed appropriation of any economic incentives to an applicant business/industry; it is the desire of the Board of Commissioners through this Resolution to direct the scheduling of said public hearing. NOW THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that the Harnett County staff is hereby directed to schedule a public hearing to be conducted at the next regular meeting of the Board on Monday, March 21, 2016, at 7:00 PM concerning a proposal to extend economic incentives to Jackson Enterprises and/or 3 M & N for the location and operation of a Zaxby' s restaurant facility in Harnett County. BE IT FURTHER RESOLVED that proper notice of this public hearing be forwarded to all proper parties and published pursuant to N.C. General Statutes § 158-7.1. This the 7th day of March, 2016. COUNTY OF HARNETT By: /di, --� Burgin, Chai atan arnett County € and of Commissioners NOTICE OF PUBLIC HEARING The Harnett County Board of Commissioners will hold a public hearing concerning a proposed agreement to extend economic incentives to Jackson Family Enterprises, LLC, a North Carolina Limited Liability Company (Jackson Enterprises) and/or 3 M & N, Inc., a North Carolina Corporation (3 M & N) which have purchased real property off NC Highway 24-87 at 80 Brandywood Court, Cameron, Harnett County, NC 28326 for the construction and operation of an approximate 3,847 square foot Zaxby' s restaurant facility. Said public hearing shall take place on Monday, March 21, 2016 at 7:00 o'clock PM during the regular meeting of the Board of Commissioners at the County Commissioner's Meeting Room in the Harnett County Administration Building, located at 102 E. Front Street, Lillington, NC 27546. At that time, any person who wishes to be heard concerning the appropriation of the economic incentives may appear before the Board. The proposed economic incentive package will include a monetary incentive to be paid to Jackson Enterprises and/or 3 M & N in the form of a grant of previously paid County ad valorem taxes which are based upon the companies' investment in real property, constructed Zaxby's restaurant facility and procured business operating personal property and equipment all of which are listed for Harnett County ad valorem taxes. This facility project includes a capital investment of approximately $1.8 million. Four (4) full-time jobs and approximately thirty-five (35) part-time jobs have or will be created as a result of the operation of this restaurant facility. Subject to any information received at the public hearing, it is the intention of the Harnett County Board of Commissioners to approve the incentive appropriation and agreement subject to various restrictions and conditions mandated by N.C. General Statutes § 158-7.1. This the 7th day of March, 2016. Harnett County Board of Commissioners 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 7, 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 Commissioners 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 McKoy moved that the following resolution (the "Resolution"), a copy of which was available with the Board and which was read by title: RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT FINANCING CONTRACT AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO WHEREAS, the County of Harnett, North Carolina (the "County") is a validly existing political subdivision of the State of North Carolina, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina (the "State"); WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina to (1) purchase real and personal property, (2) enter into installment purchase contracts in order to finance the purchase of real and personal property used, or to be used, for public purposes, and (3) grant a security interest in some or all of the property purchased to secure repayment of the purchase price; WHEREAS, the Board hereby determines that it is in the best interest of the County to enter into (1) an installment financing contract (the "Contract") under Section 160A-20 of the General Statutes of North Carolina (the "Act") in order to pay the capital costs of all or a portion of the projects identified as eligible "Qualified School Construction Bond projects" in the resolution of the Harnett County Board of Education adopted on December 7, 2015 (the "School Board Resolution") including improvements at Coats Elementary School, Coats -Erwin Middle School, Harnett Central High School, Harnett Central PPAB 3154468v1 Middle School, LaFayette Elementary School, Lillington-Shawtown Elementary School, Overhills High School, Triton High School, Western Harnett High School and Western Harnett Middle School (collectively, the "Projects") and (2) a deed of trust, security agreement and fixture filing (the "Deed of Trust") related to the County's fee simple interest in the real property on which LaFayette Elementary School is located, together with the improvements thereon, to provide security for the County's obligations under the Contract; WHEREAS, the County hereby determines that (1) the Projects are essential to the County's proper, efficient and economic operation and to the general health and welfare of its inhabitants; (2) the Projects will provide an essential use and will permit the County to carry out public functions that it is authorized by law to perform; and (3) entering into the Contract and Deed of Trust is necessary and expedient for the County by virtue of the fmdings presented herein; WHEREAS, the County hereby determines that the Contract allows the County to purchase the Projects and take title thereto at a favorable interest rate currently available in the financial marketplace and on terms advantageous to the County; WHEREAS, the County hereby determines that the estimated cost of financing the Project is an amount not to exceed $2,200,000 and that such cost exceeds the amount that can be prudently raised from currently available appropriations, unappropriated fund balances and non -voted bonds that could be issued by the County in the current fiscal year pursuant to Article V, Section 4 of the Constitution of the State; WHEREAS, although the cost of financing the Projects pursuant to the Contract is expected to exceed the cost of financing the Projects pursuant to a bond financing for the same undertaking, the County hereby determines that the cost of financing the Projects pursuant to the Contract and Deed of Trust and the obligations of the County thereunder are preferable to a general obligation bond fmancing 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 acquiring the Projects; and (3) no revenues are produced by the Projects so as to permit a revenue bond financing; WHEREAS, the County has determined and hereby determines that the estimated cost of financing the Projects pursuant to the Contract reasonably compares with an estimate of similar costs under a bond financing for the same undertaking as a result of the fmdings delineated in the above preambles; WHEREAS, the County does not anticipate a real property tax increase in order to pay sums estimated to fall due under the Contract; WHEREAS, Parker Poe Adams & Bernstein LLP, as special counsel ("Special Counsel"), will render an opinion to the effect that entering into the Contract and the transactions contemplated thereby are authorized by law; WHEREAS, no deficiency judgment may be rendered against the County in any action for its breach of the Contract, and the taxing power of the County is not and may not be pledged in any way directly or indirectly or contingently to secure any moneys due under the Contract; WHEREAS, the County is not in default under any of its debt service obligations; PPAB 3154468v1 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 "LGC"), external auditors or any other regulatory agencies in connection with such debt management and contract obligation payment policies; WHEREAS, a public hearing on the Contract will be held on March 21, 2016; and WHEREAS, approval of the LGC with respect to entering the Contract must be received. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS: Section 1. Authorization to Negotiate the Contract. The County Manager and the Finance Officer, with advice from the County Attorney and Special Counsel, are hereby authorized and directed to negotiate on behalf of the County for the financing of the Projects for a principal amount not to exceed $2,200,000 under the Contract to be entered into in accordance with the provisions of the Act and to provide in connection with the Contract, as security for the County's obligations thereunder, the Deed of Trust conveying a lien and interest in all or a portion of the County's interest in the real property on which LaFayette Elementary School is located and the improvements thereon, as may be required by the entity or entities, or their respective assigns, providing the funds to the County under the Contract. Section 2. Application to LGC. The Finance Officer or her designee is hereby directed to file with the LGC an application for its approval of the Contract and all relevant transactions contemplated thereby on a form prescribed by the LGC and to state in such application such facts and to attach thereto such exhibits regarding the County and its financial condition as may be required by the LGC. Section 3. Public Hearing. A public hearing (the "Public Hearing") shall be conducted by the Board of Commissioners on March 21, 2016 at 7:00 p.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, concerning the execution and delivery of the Contract and the Deed of Trust and the Projects to be financed thereby. Section 4. Notice of Public Hearing. The Clerk to the Board is hereby directed to cause a notice of the Public Hearing in the form attached hereto as Exhibit A to be published once in a qualified newspaper of general circulation within the County no fewer than 10 days prior to the Public Hearing. Section 5. Financing Team. The County Manager and the Finance Officer, with advice from the County Attorney, are hereby authorized and directed to retain the assistance of Parker Poe Adams & Bernstein LLP, as special counsel, and Davenport & Company LLC, as financial advisor. Section 6. are hereby repealed. Repealer. All motions, orders, resolutions and parts thereof in conflict herewith Section 7. Effective Date. This Resolution is effective on the date of its adoption. PPAB 3154468v1 On motion of Commissioner McKoy, and seconded by Commissioner Elmore, the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF BARNETT, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT FINANCING CONTRACT AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" was duly adopted by the following vote: AYES: 5 NAYS: 0 PPAB 3154468v1 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, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT FINANCING CONTRACT AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" adopted by the Board of Commissioners of the County of Harnett, North Carolina, at a meeting held on the 7th day of March, 2016. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 7th day of March, 2016. PPAB 3154468v1 /le g - 1/442.64, MARC RET REGIN WHEELER Cler o the Board Coun y of Harnett, North Carolina EXHIBIT A NOTICE OF PUBLIC HEARING The Board of Commissioners (the "Board") of the County of Harnett, North Carolina (the "County") is considering (1) entering into an installment financing contract in an amount not to exceed $2,200,000 (the "Contract") to finance all or a portion of the projects identified as eligible "Qualified School Construction Bond projects" in the resolution of the Harnett County Board of Education adopted on December 7, 2015 (the "School Board Resolution") including improvements at Coats Elementary School, Coats -Erwin Middle School, Harnett Central High School, Harnett Central Middle School, LaFayette Elementary School, Lillington-Shawtown Elementary School, Overhills High School, Triton High School, Western Harnett High School and Western Harnett Middle School (collectively, the "Projects") and (2) executing and delivering a deed of trust, security agreement and fixture filing (the "Deed of Trust") related to all or a portion of the County's fee simple interest in the real property on which LaFayette Elementary School is located, together with the improvements thereon (collectively, the "Premises"), as may be required by the entity providing the funds to the County under the Contract. LaFayette Elementary School is located at 108 LaFayette School Road, Fuquay-Varina, North Carolina 27526. The Premises identified above would be mortgaged under the Deed of Trust. On the County' s payment of all installment payments due under the Contract, the Deed of Trust and any lien created thereunder would terminate and the County's title to the Premises would be unencumbered. NOTICE IS HEREBY GIVEN, pursuant to Sections 160A-20 of the General Statutes of North Carolina, that on March 21, 2016 at 7:00 p.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, a public hearing will will be conducted concerning the approval of the execution, delivery and performance of the Contract and the Deed of Trust and the Projects to be fmanced thereby. All interested parties are invited to present comments at the public hearing regarding the execution, delivery and performance of the Contract and the Deed of Trust and the Projects to be financed thereby. /s/ Margaret Regina Wheeler Clerk to the Board of Commissioners County of Harnett, North Carolina Published: March 9, 2016 PPAB 3154468v1 ATTACHMENT 5 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 7, 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 Commissioners 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 McKoy 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 REFINANCING OF A COUNTY INSTALLMENT FINANCING OBLIGATION 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 refmance 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 February 1, 2009 (the "2009 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 Boone Trail Elementary School and the acquisition of land therefor, (2) the construction, furnishing and equipping of a 24 -classroom and auxiliary gymnasium addition to Harnett Central High School, (3) the construction, furnishing and equipping of a 15 -classroom addition to Johnsonville Elementary School and (4) the construction, furnishing and equipping of a gymnasium at Highland Elementary School (collectively, the "2009 Projects"); WHEREAS, in order to secure its obligations under the 2009 Contract, the County executed and delivered a Deed of Trust and Security Agreement dated as of February 1, 2009 (the "2009 Deed of Trust") from the County to the deed of trust trustee named therein, granting a lien on the real property on which the Boone Trail Elementary School is located and all improvements thereon and on the real property on which Harnett Central High School is located and all improvements thereon; WHEREAS, the Corporation previously executed and delivered its Certificates of Participation, Series 2009 (the "2009 Certificates"), evidencing proportionate undivided interests in rights to receive certain revenues (the "Revenues") pursuant to the 2009 Contract under an Indenture of Trust dated as of February 1, 2009 (the "2009 Indenture") between the Corporation and First . Citizens Bank & Trust Company, the successor to which is U.S. Bank National Association (the "Trustee"); WHEREAS, the Board of Commissioners of the County (the "Board") hereby determines that it is in the best interests of the County to refinance all or a portion of the County's installment financing obligation pursuant to the 2009 Contract in order to achieve debt service savings; WHEREAS, in order to accomplish the refinancing, the County staff and Davenport & Company, LLC, as the County's financial advisor, have solicited proposals to either: (a) execute and deliver an amendment to the 2009 Contract (the "Contract Amendment") in order to refinance the County's installment financing obligations under the 2009 Contract corresponding to the 2009 Certificates maturing on and after June 1, 2020 to be secured by the 2009 Deed of Trust, or (b) execute and deliver (i) a new installment financing contract (the "New Contract") to refinance all of the County's installment financing obligations under the 2009 Contract corresponding to all of the 2009 Certificates and (ii) enter into a deed of trust, security agreement and fixture filing (the "New Deed of Trust') related to the County's fee simple interest in the real property on which either Boone Trail Elementary School or Harnett Central High School are located and all improvements thereon; WHEREAS, the Board has previously determined that (1) the acquisition of the 2009 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 2009 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 or the New Contract is necessary and expedient for the County by virtue of the findings presented herein; WHEREAS, the County hereby determines that either the Contract Amendment or the New Contract would allow the County to refinance all or a portion of the 2009 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 all or a portion of the 2009 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 all or a portion of the 2009 Certificates pursuant to the Contract Amendment or the New Contract is expected to exceed the cost of refinancing all or a portion of the 2009 Certificates pursuant to a bond financing for the same undertaking, the County hereby determines that the cost of refmancing all or a portion of the 2009 Certificates pursuant to the Contract Amendment or the New Contract 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 PPAB 3141798v2 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 all or a portion of the 2009 Certificates; and (3) insufficient revenues are produced by the 2009 Projects so as to permit a revenue bond financing; WHEREAS, the County has determined and hereby determines that the estimated cost of refinancing all or a portion of the 2009 Certificates pursuant to the Contract Amendment or the New Contract reasonably compares with an estimate of similar costs under a bond financing for the same undertaking as a result of the fmdings 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 Amendment or the New Contract; WHEREAS, the sums to fall due under the Contract Amendment or the New 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 Amendment or the New 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 Amendment or the New 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 Amendment or the New 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 2009 Contract and the 2009 Projects in the resolution adopted by the Board on November 17, 2008; and WHEREAS, the County must obtain the Commission's approval to enter into the Contract Amendment or the New Contract; 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 or the New Contract. 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 all or a portion of the 2009 Certificates under either the Contract Amendment or the New PPAB 3141798v2 Contract in a principal amount not to exceed $34,000,000, 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. 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 or the New Contract 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. Public Hearing. A public hearing (the "Public Hearing") shall be conducted by the Board of Commissioners on March 21, 2016 at 7:00 p.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, concerning the refinancing of the County's installment payment obligations with respect to the 2009 Contract and either the execution and delivery of the New Contract and the New Deed of Trust or the execution and delivery of the Contract Amendment. Section 4. Notice of Public Hearing. The Clerk to the Board is hereby directed to cause a notice of the Public Hearing in the form attached hereto as Exhibit A to be published once in a qualified newspaper of general circulation within the County no fewer than 10 days prior to the Public Hearing. Section 5. Financing Team. The County Manager and the Finance Officer, with advice from the County Attorney, are hereby authorized and directed to retain the assistance of Parker Poe Adams & Bernstein LLP, as special counsel, and Davenport & Company LLC, as financial advisor. Section 6. Repealer. All motions, orders, resolutions and parts thereof in conflict herewith are hereby repealed. Section 7. Effective Date. This Resolution is effective on the date of its adoption. On motion of Commissioner McKoy, and seconded by Commissioner Elmore, the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE REFINANCING OF A COUNTY INSTALLMENT FINANCING OBLIGATION AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" was duly adopted by the following vote: AYES: 5 NAYS: 0 PPAB 3141798v2 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, AUTHORIZING THE REFINANCING OF A COUNTY INSTALLMENT FINANCING OBLIGATION 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 7th day of March, 2016. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 7th day of March, 2016. PPAB 3141798v2 MARG. Clerk t Coun RET REGIN HEELER the Board' of Harnett, North Carolina EXHIBIT A NOTICE OF PUBLIC HEARING At its meeting on March 7, 2016, the Board of Commissioners (the "Board") of the County of Harnett, North Carolina (the "County"), adopted a resolution which: 1. Authorized the County to either: (a) execute and deliver an amendment (the `Amendment") to an Installment Purchase Contract dated as of February 1, 2009 (the "Prior Contract" and collectively with the Amendment, the "2009 Contract") in order to refinance a portion of the County's installment financing obligations thereunder, or (b) execute and deliver a new installment financing contract (the "New Contract") to refmance all of the County's installment financing obligations under the Prior Contract. 2. Authorized the County, should it proceed with the New Contract, to proceed to enter into a deed of trust, security agreement and fixture filing (the "New Deed of Trust") under which the County will grant a lien on in the real property on which either Boone Trail Elementary School or Harnett Central High School are located and all improvements thereon, as security for the New Contract. Boone Trail Elementary School is located at 1425 Adcock Rd, Lillington, NC 27546. Harnett Central High School is located at 2911 Harnett Central Rd, Angier, NC 27501. If the County proceeds with the New Contract, either Boone Trail Elementary School or Harnett Central High School will be mortgaged under the New Deed of Trust. If the County proceeds with the Amendment, the obligations under the 2009 Contract will be secured by a Deed of Trust dated as of February 1, 2009 (the "Existing Deed of Trust") on both Boone Trail Elementary School and Harnett Central High School. On payment by the County of all installment payments due under either the 2009 Contract or the New Contract, the corresponding deed of trust and any lien created thereunder will terminate and the County's title to any properties mortgaged thereunder will become unencumbered. NOTICE IS HEREBY GIVEN pursuant to Sections 160A-20 of the General Statutes of North Carolina, that on March 21, 2016 at 7:00 p.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, a public hearing will be conducted concerning the approval of the execution, delivery and performance of either (a) the Amendment and the projects to be refinanced thereby or (b) the New Contract and the New Deed of Trust and the projects to be refinanced thereby. All interested parties are invited to present comments on either of the options referenced above at the public hearing. /s/ Margaret Regina Wheeler Clerk to the Board of Commissioners County of Harnett, North Carolina Published: March 9, 2016 PPAB 3141798v2