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061515mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting June 15, 2015 The Harnett County Board of Commissioners met in regular session on Monday, June 15, 2015, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Jim Burgin, Chairman Gordon Springle, Vice Chairman Abe Elmore, Commissioner Barbara McKoy, Commissioner Joe Miller, Commissioner Joseph Jeffries, County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Chaiinian Burgin called the meeting to order at 7:00 pm. Commissioner McKoy led the pledge of allegiance and invocation. Chairman Burgin called for additions and deletions to the published agenda. Mr. Jeffries requested the addition of 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 Matters Related Thereto. Mr. Jeffries said the resolution is part of the financing and acquisition of real property owned by Harnett Forward Together Committee (HFTC) and contains basic findings required by the LGC as well as calling for a public hearing. Commissioner Miller moved to approve the agenda as amended. Vice Chainnan Springle seconded the motion which passed unanimously. Commissioner Miller moved to approve the following items listed on the consent agenda. Commissioner McKoy seconded the motion which passed unanimously. 1. Minutes: June 1, 2015 Regular Meeting May 18, 2015 Regular Meeting 2. Budget Amendments: 474 WIA Youth Program Code 234 - 7406 - 465.22 -00 FICA 108 increase 234 - 7406 - 465.26 -08 Worker Compensation 23 increase 234 - 7406 - 465.41 -11 Telephone & Postage 131 decrease June 15, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 11 464 Special Districts Fund Code 242 -8001- 420.82 -10 242 -8001- 420.82 -20 242 - 8002 - 420.82 -10 242 - 8002 - 420.82 -20 242 -8004- 420.82 -10 242 - 8004 - 420.82 -20 242 - 8005- 420.82 -10 242 - 8005- 420.82 -20 242 - 8007 - 420.82 -10 242 -8007- 420.82 -20 242 - 8008 - 420.82 -10 242 - 8008 - 420.82 -20 242 - 8009 - 420.82 -10 242 - 8009 - 420.82 -20 242 -8011- 420.82 -10 242 -8011- 420.82 -20 242 - 8013 - 420.82 -10 242 -8013- 420.82 -20 242 -8014- 420.82 -10 242 - 8014- 420.82 -20 242 - 8016- 420.82 -10 242 - 8016 - 420.82 -20 242 - 8017- 420.82 -10 242 - 8017- 420.82 -20 242 -8019- 420.82 -10 242 -8019- 420.82 -20 242 - 8021- 420.82 -10 242 -8021 - 420.82 -20 242 - 8022 - 420.82 -10 242 - 8022 - 420.82 -20 242 - 8024 - 420.82 -10 242 - 8024 - 420.82 -20 242 - 8025- 420.82 -10 242 - 8025- 420.82 -20 242 - 8033 - 420.82 -10 242 - 8033 - 420.82 -20 242 - 8034 - 420.82 -10 242 - 8034 - 420.82 -20 242 - 8035- 420.82 -10 242 - 8035- 420.82 -20 242 - 0000 - 311.10 -00 242 -0000- 311.20 -00 Special School Special School Anderson Creek Anderson Creek Dunn Emergency Svcs (Averasboro Fire) Benhaven Fire Benhaven Fire Black River Fire Black River Fire Boone Trail Boone Trail Buies Creek Buies Creek Cypress Pointe Cypress Pointe Duke (Erwin) Fire Duke (Erwin) Fire Flat Branch Fire Flat Branch Fire Coats Grove Fire Coats Grove Fire N Harnett Fire N Harnett Fire Spout Springs Spout Springs West Area Fire West Area Fire Crains Creek Crains Creek Benson /Banner Fire Benson/Banner Fire Godwin/Falcon Godwin /Falcon Summerville Bunnlevel Summerville Bunnlevel Flatwoods (Lillington) Flatwoods ( Lillington) West Johnston West Johnston Current Year Taxes Prior Year Taxes Current Tax Delinquent Current Tax Delinquent Current Tax Delinquent Current Tax Delinquent Current Tax Delinquent Current Tax Delinquent Current Tax Delinquent Current Tax Delinquent Current Tax Delinquent Current Tax Delinquent Current Tax Delinquent Current Tax Delinquent Current Tax Delinquent Current Tax Delinquent Current Tax Delinquent Current Tax Delinquent Current Tax Delinquent Current Tax Delinquent Current Tax Delinquent Current Tax Delinquent 18,000 increase 1,000 increase 120,000 increase 1,000 increase 75,000 increase 2,500 increase 75,000 increase 2,000 increase 75,000 increase 2,400 increase 25,000 increase 1,000 increase 55,000 increase 5,000 increase 2,500 increase 800 increase 12,500 increase 500 increase 53,600 increase 2,200 increase 30,000 increase 1,000 increase 38,500 increase 2,200 increase 130,000 increase 1,200 increase 750 increase 200 increase 7,500 increase 500 increase 10,000 increase 5,000 increase 10,000 increase 5,000 increase 49,750 increase 1,500 increase 7,500 increase 2,500 increase 7,500 increase 0 increase 803,100 increase 37,500 increase June 15, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 2of11 465 Special Districts Fund Code 242 -8001- 420.82 -15 242 - 8002 - 420.82 -15 242 - 8004 - 420.82 -15 242 - 8005- 420.82 -15 242 - 8007 - 420.82 -15 242 -8008- 420.82 -15 242 - 8009 - 420.82 -15 242 -8011- 420.82 -15 242 - 8013- 420.82 -15 242 -8014- 420.82 -10 242 -8016- 420.82 -10 242 - 8017- 420.82 -10 242 - 8019- 420.82 -10 242 -8021 - 420.82 -10 242 -8022- 420.82 -10 242 - 8024 - 420.82 -10 242 - 8025- 420.82 -10 242 -8033- 420.82 -10 242 - 8034 - 420.82 -10 242 - 8035- 420.82 -10 242 - 0000 - 311.10 -01 466 Special Districts Fund Code 242 -8001- 420.82 -30 242 - 8002 - 420.82 -30 242 - 8004 - 420 -82 -30 242 - 8005- 420.82 -30 242 - 8008 - 420.82 -30 242 -8009- 420.82 -30 242 - 8011- 420.82 -30 242 -8014- 420.82 -30 242 - 8016 - 420.82 -30 242 - 8017 - 420.82 -30 242 -8019- 420.82 -30 242 - 8021 - 420.82 -30 242 - 8022 - 420.82 -30 242 - 8024 - 420.82 -30 242 -8025- 420.82 -30 242 - 8033 - 420.82 -30 242 -0000- 313.30 -00 Special School Anderson Creek Dunn Emergency Svcs Benhaven Fire Black River Fire Boone Trail Buies Creek Cypress Pointe Duke (Erwin) Fire Flat Branch Coats Grove Fire N Harnett Fire Spout Springs West Area Fire Crains Creek DMV Receipts DMV Receipts DMV Receipts DMV Receipts DMV Receipts DMV Receipts DMV Receipts DMV Receipts DMV Receipts DMV Receipts DMV Receipts DMV Receipts DMV Receipts DMV Receipts DMV Receipts 5,000 increase 53,000 increase 55,000 increase 40,000 increase 43,800 increase 23,175 increase 22,000 increase 5,000 increase 14,000 increase 19,430 increase 27,600 increase 32,000 increase 53,250 increase 3,750 increase 3,050 increase Benson /Banner Fire DMV Receipts 4,575 increase Godwin/Falcon DMV Receipts 1,000 increase Summerville Bunnlevel DMV Receipts 34,000 increase Flatwoods (Lillington) DMV Receipts 7,500 increase West Johnston DMV Receipts 500 increase Current Year Taxes -Motor Vehicle Taxes 447,630 increase Special School Sales Tax Anderson Creek Sales Tax Dunn Emergency Svcs Sales Tax Benhaven Fire Sales Tax Boone Trail Buies Creek Cypress Pointe Flat Branch Fire Coats Grove Fire N Harnett Fire Sales Tax Sales Tax Sales Tax Sales Tax Sales Tax Sales Tax Spout Springs Sales Tax West Area Fire Sales Tax Crains Creek Sales Tax Benson/Banner Fire Sales Tax Godwin/Falcon Sales Tax Summerville Bunnlevel Sales Tax Other Taxes - NC Sales Tax 467 Work Force Development Code 1 1 0- 8701 - 490.90 -68 Interfund Transfer 110- 0000 - 399.00 -00 Fund Balance Appropriated 7,300 increase 26,600 increase 22,330 increase 35,725 increase 7,100 increase 22,250 increase 1,000 increase 7,770 increase 14,250 increase 9,300 increase 34,250 increase 750 increase 1,200 increase 1,200 increase 750 increase 10,000 increase 201,775 increase 6,193 increase 6,193 increase June 15, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 11 468 Work Force Development Code 234 -7405- 465.90 -10 Other Financing 234 - 0000 - 389.10 -00 Interfund Transfer 473 Solid Waste Code 250 -6600- 461.35 -56 Electronics Management 250- 0000 - 399.00 -00 Fund Balance 476 Highland Middle Code 331 -8300 -480 331 - 8300 -480 331- 8300 -480 331- 8300 -480 331 - 8300 -480 331- 8300 -480 331- 8300 -480 331 -8300 -480 331- 0000 -370 School Project CP1301 .47 -36 Design A &E .47 -39 Land Surveying .47 -40 GEO .47 -49 Land .47 -54 Furniture & Fixture .47 -55 Technology & Com .47 -58 Buses .47 -62 Contingency .82 -12 Other Financing Sources -QSCB 477 Solid Waste Code 580 -6600- 461.90 -80 580 -6600- 461.86 -91 580- 0000 - 370.82 -15 478 General Fund Code 110- 8702 - 470.90 -80 110- 8702 - 470.86 -91 110- 0000 - 370.82 -15 479 Public Utilities Code 531- 9000 -431 531- 9000 -431 531- 0000 -370 Other Financing Uses - Payment to Escrow Agent Cost of Issuance Other Financing Sources 2015 (2007 COPs) Other Financing Uses - Payment to Escrow Agent Cost of Issuance Other Finance Sources 2015 (2007 COPs) .90 -80 Other Financing Uses - Payment to Escrow Agent .86 -91 Cost of Issuance .82 -16 Other Finance Sources 2015 (2007 COPs) 482 Highland Middle School Project CP1301 Code 331- 8300 - 480.46 -01 Residual Equity 331- 0000 - 314.50 -00 Sales Tax 331 - 0000 - 361.50 -00 First Citizen Interest 6,193 increase 6,193 increase 1,527 increase 1,527 increase 851,597 decrease 17,277 decrease 9,800 decrease 820,639 decrease 161,132 decrease 60,093 decrease 384 decrease 479,078 decrease 2,400,000 decrease 1,396,177 increase 5,984 increase 1,402,161 increase 28,970,662 increase 124,177 increase 29,094,839 increase 10,542,225 increase 130,775 increase 10,673,000 increase 214,043 increase 211,043 increase 3,677 increase June 15, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 11 485 Planning Services Code 110- 7200 - 465.11 -00 110- 7200 - 465.11 -14 110- 7200 - 465.21 -01 Salaries & Wages Longevity Group Insurance Expense- Retirees 487 Airport Capital Project CP1302 Code 301- 8300 - 406.90 -03 Capital Projects 301 -0000- 389.10 -00 Inter Fund Transfer General Fund 488 School Project CP1502 Code 309- 8300 - 480.45 -20 Legal Admin. 309 - 8300 - 480.45 -80 Contingency 490 Public Utilities /South Central W &S Code 534- 9003 - 431.86 -31 Interest 534- 0000 - 357.00 -00 Capital Lease Revenue 491 Public Utilities Code 531- 9000 - 431.50 -00 Capital Lease Districts 531- 9000 - 431.86 -31 Interest 531- 0000 - 340.30 -10 Sewer Sales 492 General Fund Code 110- 4100- 410.11 -00 110- 4600 - 410.11 -00 110 -4610- 410.11 -00 110 -5100- 420.11 -00 110 -5300- 420.11 -00 110 -5400 - 420.11 -00 110- 5401 - 420.11 -00 110 -5900 - 420.11 -00 110- 7500 - 441.11 -00 110- 7800 - 441.11 -00 110- 4100- 410.21 -00 110- 4600 - 410.21 -01 110- 4610- 410.11 -05 110- 4500- 420.11 -00 110 -5100- 420.11 -00 110 -5900 - 420.11 -14 110- 0000 - 356.20 -00 5,134 increase 2,134 decrease 3,000 decrease 22,605 increase 22,605 increase 500 increase 500 decrease 181,100 increase 181,100 increase 177,000 increase 85,000 increase 262,000 increase BOC Salaries/Wages General Services Salaries /Wages Fleet Maintenance Salaries /Wages Sheriff — Campbell Deputies Salaries/Wages Emergency Services Salaries/Wages Emergency Medical Salaries/Wages Emergency Medical Transport Salaries /Wa Emergency Telephone Sys Salaries/Wages Dept on Aging Salaries /Wages Veterans Services Salaries/Wages BOC Group Insurance General Services Retirees Fleet Maintenance Overtime Tax Department Salaries /Wages Public Safety Salaries/Wages Emerg Telephone System Longevity Reimbursement / Campbell — Deputies 1,650 increase 245 increase 724 increase 3,770 increase 7,085 increase 38,068 increase 13,278 increase 136 increase 10 increase 10 increase 1,650 decrease 245 decrease 724 decrease 38,068 decrease 20,383 decrease 136 decrease 3,770 increase 3. Harnett County Emergency Services requested permission to accept funds from the N.C. Department of Public Safety Emergency Services Division Tier II Grant. This is a new grant provided from hazardous materials facility filing fees collected during the 2014 Tier II reporting period. Funds are to be used by Harnett County LEPC for hazardous materials emergency response planning, training and related exercises. June 15, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 5of11 4. Harnett County Emergency Services requested approval of the updated N.C. Emergency Management Statewide Mutual Aid Agreement. This agreement is between the County of Harnett and N.C. Public Safety, Division of Emergency Management. This agreement describes how mutual aid resources will be requested and the authority who may request those resources at the local level, throughout the State of North Carolina during emergencies. 5. Harnett County Sheriff's Office requested approval to submit a grant to the Office of Justice Program under FY 2015 Edward Byrne Memorial Justice Assistance Grant Program. The grant amount is $22,153 and there is no local match required. The funds will be used to purchase mobile computers and software for patrol deputies. 6. Harnett County Sheriff's Office requested approval of resolution to award Deputy Corporal Robert Scott Assmann his service weapon upon his resignation. (Attachment 1) 7. Administration requested approval of Harnett County 2016 Holiday Schedule. 8. Harnett County Finance Office requested approval of Project Ordinance for Harnett County Board of Education School Roofing Projects with QSCB funds totaling $2,400,000 remaining from the Highland Middle School Project. 9. Planning Services requested approval of a six month extension of the contract between the Town of Angier and the County of Harnett to provide planning services. The six month extension of the original contract will expire December 31, 2015. 10. Mission Serve Harnett County Project, a 501(c)(3) nonprofit, requested approval to waive landfill fees for four dumpsters as a result of eight projects including four roof repairs in Lillington and Angier. Harnett County Solid Waste approved waiving up to $600 of landfill fees associated with these repairs as well as informing the group they would take shingles, if kept separate and clean, at no charge. Chaiiinan Burgin opened the floor for infolnial comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. - Penny Christman from Carolina Seasons in Cameron said their main concern is that the roadsides stay clean near the new trash collection facility on Ponderosa Road. She said the rest of the county land on Ponderosa Road should be used for a park for their children and requested assistance. Mrs. Christman also encouraged that signs be place at the convenience center on Brooks Mangum Road letting folks know that facility will eventually close. Last, she said they still need some help with the Johnsonville Community Center as they have recently put money out for a new heating system and have nothing left. Commissioner Miller responded that a meeting has already been arranged to discuss the possibility of a park on Ponderosa Road. There were no appointments. June 15, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 11 Mr. Jeffries petitioned the board for a public hearing on the FY 2015/2016 Proposed Budget. Mr. Jeffries noted the two following modifications to the proposed budget since its June 1st presentation: 1) a new position for the Sheriff's Department for an additional deputy at Campbell University costing $74,000 which will be reimbursed by Campbell University; and 2) a reclassification of a position in the Planning Department from a Senior Zoning Official to Assistant Manager of Planning Services which will require no increase in funding. Chairman Burgin called to order a public hearing on the FY 2015/2016 Proposed Budget and opened the meeting for comments from the public. - Susan Ware of 393 Ponderosa Trail in Cameron said they would like to get funding for a park on Ponderosa Road and money for the Johnsonville Community Center. Mrs. Ware said the community center has submitted a request for funding. Chairman Burgin responded that commissioners and staff have discussed setting up a review committee, made up of commissioners and citizens, to look at funding requests from nonprofits and other entities while considering situations and revenue sources. Seeing no one else move, Chairman Burgin closed the public hearing. Chairman Burgin gave a brief overview of the development of the current proposed budget. Commissioners thanked staff for their hard work on developing the budget and stressed their appreciation for the way it was presented. Commissioner Elmore said he doesn't have anything particularly against the proposed budget but it is his first time dealing with some of these various organizations and he has some questions which he will meet with the County Manager soon to go over. Commissioner Elmore proposed postponing consideration of the budget for two weeks. Chairman Burgin said the budget is a "living document" that can be adjusted throughout the year and expressed concern with delaying adoption. Commissioners Springle, Miller and McKoy said they were okay with the proposed budget but wanted Commissioner Elmore to be comfortable with it too. Commissioner McKoy stated that they had not dealt with funding nonprofits in the budget. Chairman Burgin said have discussed having a review committee look at nonprofit funding requests and available funding. Mrs. Honeycutt responded that the recent sales tax report shows we are actually $400,000 over budget. Chairman Burgin said he believes they will have some extra money to do some of the projects in contingency as well as considering nonprofit requests. Chairman Burgin said in the past the County funded various nonprofits but when money got tight those were taken out. Commissioner McKoy said she would like to serve on the review committee and is interested in seeing the criteria staff is preparing. Commissioners confi rrrred that the senior centers were funded in the proposed budget. Commissioner McKoy moved to table consideration of the budget until 9:00 am on June 30, 2015. Commissioner Elmore seconded the motion which passed unanimously. Commissioners considered a Resolution Authorizing the Negotiation of an Installment Financing Contract and Providing for Certain Other Matters Related Thereto. Mr. Jeffries reiterated the resolution is part of the financing and acquisition of real property owned by HFTC and contains June 15, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 7of11 basic findings required by the LGC as well as calling for a public hearing. Mr. Jeffries proposed changing the date of the public hearing, which he said is to gather input on the refinancing of the Agriculture Center and the use of the Public Works facility to pay off the debt for HFTC, to June 30, 2015 instead of July 6, 2015 as stated in the resolution. Commissioner Springle moved to approve the amended resolution holding the public hearing on June 30th. Commissioner Elmore seconded the motion which passed unanimously. (Attachment 2) Jimmy Riddle, Harnett County Fire Marshal, petitioned the board for a public hearing regarding the financing of certain equipment for Coats Grove Fire & Rescue, Inc. with the proceeds of tax - exempt debt and consideration of Resolution Authorizing and Approving the Delivery of an Installment Financing Agreement by Coats Grove Fire & Rescue, Inc. and the Tax - Exempt Loan Related Thereto. Mr. Riddle said Coats Grove Fire & Rescue is in need of a fire truck and are seeking approval for a loan not to exceed $400,000 for this debt. Mr. Riddle noted a public hearing is required for a tax exempt loan. Chairman Burgin called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one else move, Chaiiiiian Burgin closed the public hearing. Commissioner Elmore moved to approve the Resolution Authorizing and Approving the Delivery of an Installment Financing Agreement by Coats Grove Fire & Rescue, Inc. and the Tax - Exempt Loan Related Thereto. Commissioner Miller seconded the motion which passed unanimously. (Attachment 3) Jay Sikes, Manager of Planning Services, petitioned the board for a public hearing on a proposed zoning change - Landowner /Applicant: William & Sybil Pope; 10 +/- acres (consisting of 2 parcels); From Conservation to RA -30; SR # 1566 Pope Lake Road; Black River Township. Mr. Sikes noted most of the area is currently vacant and wooded, except for a storage building. Per the U.D.O. the purpose of the Conservation District is to encourage the preservation of and continued use of the land for conservation purposes in its nature state, and to prohibit intrusive development of the land in areas with alluvial soils, perennial streams, or that are subject to flooding or considered wetlands. The Conservation District is determined to be 300 feet as measured from the center of Black River, north of intersection with SR 1552, Abattoir Road. Surrounding land uses include single - family homes and vacant land. Mr. Sikes noted public water is available and private septic would be used. Mr. Sikes reported on June 1, 2015, the Harnett County Planning Board voted unanimously (4 -0) to recommend approval of this Rezoning application based on the geography and the protection of the known environmentally sensitive areas. Mr. Sikes also noted the applicant's evaluation and explanation of zoning change request was included with the application and the applicant, surveyor and engineer were present. Mr. Robert E. Godwin, Jr., PLS., who serves as surveying agent for the applicant, stated in his Explanation of Zoning Change Request "this zoning change is being requested to correct apparent errors in the Official Zoning Map as it pertains to the subject properties.... In summary, we request that the Official Zoning Map be corrected such that the Conservation Zoning District dimensions are measured from the actual centerline of the Black River ". June 15, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 8 of 11 Mr. Sikes stated staff evaluation as: - The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The impact to the adjacent property owners and the surrounding community is reasonable. The existing zoning district of Conservation is to protect the natural environment as well as citizens and their property from flood hazards. However, the area requested to be rezoned is not located within any flood hazard area, or any noted wetlands, and should cause no harm or inconvenience to the community. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning is compatible with the existing land use classification of Medium Density Residential. Medium Density Residential is meant to encourage stick built and manufactured residential developments. - The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The request will maintain the public health, safety and general welfare since the area that is being requested does not lie within a flood hazard area or delineated wetlands, and will not interfere with the remaining conservation area. - This request is NOT for a SMALL SCALE REZONING and should not be evaluated for reasonableness. REASONING: This request does not need to be evaluated for a small scale rezoning, because the area abuts existing RA -30 zoning. Suggested Statement -of- Consistency: Staff concludes that the requested rezoning of a 10.0 acre portion of the Conservation district to RA -30 would not have an unreasonable impact on the surrounding community and will maintain the public health, safety, and general welfare because of the existing residential uses within the area and the compatibility with neighboring zoning districts. It is recommended that this rezoning request be approved. Mr. Sikes responded that this does correct errors noted in the applicant's supporting documentation. Mr. Sikes said staff will work with GIS to go back and look at this and see if there are any other properties that could be affected in the future. Chairman Burgin called to order a public hearing on the matter and opened the meeting for comments from the public. - Terry Walton of 761 Pope Lake Road asked for a copy of the application package to review and asked who she could speak with to understand the potential impact to her property which also shows on the provided maps. Staff present provided and reviewed information with Mrs. Walton. - Tyrus Clayton, who serves as engineer for the applicant, restated the explanation of the zoning change request and noted the rezoning to RA -30 would loosens some restrictions on the property as Mr. Pope is looking to protect his estate and potentially give some of it to his family members. Seeing no one else move, Chairman Burgin closed the public hearing. Vice Chairman Springle moved to approve the rezoning as presented. Commissioner Miller seconded the motion which passed unanimously. June 15, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 9of11 Chairman Burgin discussed the Agreement of Counties to Create the Triangle South Workforce Development Consortium and Resolution to Join Workforce Development Consortium and Establish Chief Elected Official. Chairman Burgin explained Workforce Development is coordinated through Central Carolina Community College (CCCC) and receives about $3.5 million from federal government. He said the whole idea of this program is to promote people to get education and training to get a job. Chaiintan Burgin serves on the Triangle Workforce Development Board and is currently the Chief Elected Official for the Board. The Triangle Workforce Development Board is made up of representatives from Lee, Harnett, Chatham and Sampson Counties. Chairman Burgin said recent rules and regulations from Washington require that they redo the group, have it approved by the individual boards again, and asked that he serve as Chief Elected Official through the end of his term. Chaiiuuan Burgin said this is mostly book- keeping and regulatory however with the change of much more emphasis on youth. He said the Triangle Workforce Development Board works hand in hand with the CC Works Program. said they are really trying to target at -risk youth; getting kids interested in a career path and hopefully preventing them from dropping out of school. Commissioner Miller moved to approve the agreement and resolution as presented. Commissioner Elmore seconded the motion which passed unanimously. The group watched the NCACC Update Video. Mr. Jeffries presented the following reports: - Veteran Affairs Activities Report — May 2015 o FY 2014 Geographic Distribution of VA Expenditure - Harnett County Planning Services Report — May 2015 - Interdepartmental budget amendments Chailinan Burgin and Vice Chairman Springle will attend the 2015 NACo Annual Conference in Charlotte July 10 — 13. Commissioner Elmore moved to nominate Vice Chaiiiiian Springle as the Designated County Delegate for the NACo Credentials (Voting) at the upcoming conference. Chaiiitian Burgin seconded the motion which passed unanimously. Commissioner Elmore moved to nominate Chairman Burgin as County Alternate for the NACo Credentials (Voting) for the upcoming conference. Vice Chairman Springle seconded the motion which passed unanimously. Chairman Burgin called for any new business. Commissioner Elmore said an article in the paper recently stated Senator Rabin had gotten road money and asked if that was going to fix any of the problems over in the Anderson Creek area; paved roads not up to standard. Mr. Jeffries said there are three unpaved roads in the County that are supposed to be part of the list. Mr. Jeffries said they are working on money for Colonial Hills subdivision too. Commissioner Miller said road improvements have yet to start on Ray Road or the turning lanes for Buffalo Lake Road /Hwy 87. Vice Chaiinian Springle moved that the Board consider a resolution to honor the 100th anniversary of the International Kiwanis. He said we have four Kiwanis Clubs in Harnett County. Commissioner Elmore second the motion which passed unanimously. June 15, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page l0 of 11 Commissioner Elmore invited the group to an event at Elmore Furniture celebrating 60 years in business. He also said they would be participating in the upcoming 100 mile yard sale. Commissioner Miller moved that the Board go into closed session to discuss matters relating to the location or expansion of industries or other businesses in Harnett County. This motion is made pursuant to N.C. General Statute Section 143- 318.11(a)(4). Commissioner Elmore seconded the motion which passed unanimously. Commissioner Elmore moved that the Board come out of closed session. Commissioner McKoy seconded the motion which passed unanimously. Commissioner Elmore moved to adjourn the meeting at 8:16 pm. Commissioner Miller seconded the motion which passed unanimou tkkii,t it • urgin, Cha. 1 an eeler, Clerk June 15, 2015 Regular Meeting Minutes Harnett County Board of Commissioners Page 11 of 11 ATTACHMENT 1 NORTH CAROLINA HARNETT COUNTY RESOLUTION THAT, WHEREAS, Robert Scott Assmann, began his Harnett County Law Enforcement career on February 21, 2002; and WHEREAS, after thirteen years of distinguished service to Harnett County, Robert Scott Assmann will resign; and WHEREAS, according to North Carolina General Statute 14 -402 and 14- 409.1, proper permits have been obtained (as attached) in order to receive the side arm. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that Robert Scott Assmann be awarded the following service side arm for one dollar ($1.00). Glock Model 22 Serial Number HES970. *TTES Cler Duly adopted this 1544t day of 20 [5 . r<<0 "h "fot/, HARNETT COUNTY BOARD OF COMMISSIONERS N CO J, f4t r-, �`'``< ht`�`l7C' , ",i. I� • .o the Board ATTACHMENT 2 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, June 15, 2015, at 7:00 p.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, Jim Burgin, Chai,,,,an of the Board presiding and the following Commissioners present: Commissioners Present: Jim Burgin, Chairman Gordon Springle, Vice Chai,,,,an Abe Elmore, Commissioner Barbara McKoy, Commissioner Joe Miller, Commissioner Commissioners Absent: N/A * * * Vice Chairman Gordon Springle moved that the following resolution (the "Resolution "), a copy of which was available with the Board and which was read by title: RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT FINANCING CONTRACT AND PROVIDING FOR CERTAIN OTHER MATTERS RELATED 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 and refinance the purchase of real and personal property used, or to be used, for public purposes, and (3) grant a security interest in some or all of the property purchased to secure repayment of the purchase price; WHEREAS, the County has previously executed and delivered an Installment Financing Contract dated as of January 15, 2005 (the "Prior Contract") between the County and Bank of America, N.A. in order to finance all or a portion of the costs to acquire, construct, renovate, equip and furnish a County Agricultural Center (the "Agriculture Center ") and a County Animal Control Shelter (collectively, the "2005 Projects "); WHEREAS, to secure its obligations under the Prior Contract, the County has previously executed and delivered a deed of trust encumbering, among other collateral, the site on which the Agriculture Center is located and the improvements thereon; WHEREAS, the Board of Commissioners of the County of Harnett, North Carolina (the "Board of Commissioners ") determines that it is in the best interest of the County (1) to execute and deliver an installment financing contract (the "Contract") under Section 160A -20 of the General Statutes of North Carolina (the "Act") in order to (a) refinance the County's installment payment obligations under the Prior Contract, (b) finance various capital improvements and repairs to the County's public works facility (the "Public Works Facility "), (c) finance the acquisition of certain real property (collectively, the "Land") owned by Harnett Forward Together Committee ( "HFTC") by repaying all or a portion of HFTC's outstanding indebtedness with respect to the Land and (2) pay certain costs incurred in connection with the execution and delivery of the Contract; and (2) to execute and deliver a deed of trust, security agreement and fixture filing (the "Deed of Trust") related to the County's fee simple interest in all or a portion of the real property on which the Agriculture Center and the Public Works Facility are located, together with the improvements thereon, to secure the County's obligations under the Contract; WHEREAS, the Board hereby determines that (1) the refinancing of the Prior Contract and the financing of the improvements to the Public Works Facility and the acquisition of the Land (collectively, the "Transactions ") permit the County to carry out public functions that it is authorized by law to perfoun and (2) entering into the Contract and Deed of Trust is necessary and expedient for the County by virtue of the findings presented herein; WHEREAS, the County hereby determines that the Contract will allow the County to complete the Transactions at a favorable interest rate currently available in the financial marketplace and on terms advantageous to the County; WHEREAS, the County hereby determines that (1) the estimated cost of completing the Transactions is an amount not to exceed $7,000,000 and (2) such cost exceeds the amount that could 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 completing the Transactions pursuant to the Contract is expected to exceed such cost pursuant to a general obligation bond financing for the same undertaking, the County hereby determines that the cost of completing the Transactions pursuant to the 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 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; and (2) the time required for a general obligation bond election would cause an unnecessary delay which would thereby decrease the financial benefits of completing the Transactions and (3) insufficient County revenues are produced so as to permit a revenue bond financing; WHEREAS, the County has determined and hereby determines that the estimated cost of completing the Transactions 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 findings set forth above; WHEREAS, the County does not anticipate a future County property tax increase to pay installment payments falling due under the Contract; WHEREAS, the sums to fall due under the Contract will be adequate but not excessive for its proposed purpose; PPAB 2835132x1 2 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; 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 deter alined 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 after publication of a notice with respect to such public hearing must be held and approval of the LGC with respect to entering the Contract must be received; WHEREAS, the Board hereby reaffi„ ins each of the findings it made with respect to the Prior Contract and the 2005 Projects in the resolutions adopted by the Board on September 20, 2004 and October 4, 2004; and WHEREAS, the County must obtain the LGC's approval to enter into the Contract Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OFHARNEI7; NORTH CAROLINA, AS FOLLOWS: Section 1. 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 the 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 2. Negotiation of Contract. The County Manager, the Assistant County Manager, the Finance Officer and their designees, with advice from the County Attorney and Special Counsel, are hereby authorized and directed, individually and collectively, to negotiate on behalf of the County (1) with HFTC for the purchase of the Land in accordance with such agreements as they may deem appropriate and (2) for the completion of the Transactions under the Contract in a principal amount not to exceed $7,000,000, to be entered into in accordance with the provisions of the Act. All actions of the County, the County Manager, the Assistant County Manager, the Finance Officer, the Deputy 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. PPAB 2835132v 1 3 Section 3. Public Hearing. A public hearing (the "Public Hearing ") shall be conducted by the Board on June 30, 2015 at 9:00 a.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, concerning the Contract, the Deed of Trust and the Transactions contemplated 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 foini 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 financing team of Parker Poe Adams & Bernstein LLP, as special counsel, and Davenport & Company LLC, as financial advisor, is approved. 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 Vice Chairman Gordon Springle, and seconded by Commissioner Abe Elmore, the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT PURCHASE CONTRACT AND PROVIDING FOR CERTAIN OTHER MATTERS RELATED THERETO" was duly adopted by the following vote: Ayes: 5 Nays: 0 PPAB 2835132v1 4 STATE OF NORTH CAROLINA COUNTY OF HARNEI 1 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 MATTERS RELATED THERETO" adopted by the Board of Commissioners of the County of Harnett, North Carolina, at a meeting held on the 15th day of June, 2015. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 15th day of June, 2015. IItItr,�; C c • MARG •U' T REG WHEELER Clerk r the Boa County of Harnett, North Carolina NOTICE OF PUBLIC HEARING The Board of Commissioners (the "Board") of the County of Harnett, North Carolina (the "County ") is considering entering into an installment financing contract in an amount not to exceed $7,000,000 (the "Contract") to (1) refinance the County's installment payment obligations under an Installment Financing Contract dated as of January 15, 2005 (the "Prior Contract") between the County and Bank of America, N.A., the proceeds of which were used to finance all or a portion of the costs to acquire, construct, renovate, equip and furnish a County Agricultural Center (the "Agriculture Center ") and a County Animal Control Shelter (collectively, the "2005 Projects "), (2) finance various improvements and repairs to the County's public works facility (the "Public Works Facility "), (3) finance the acquisition of certain real property (collectively, the "Land") owned by Harnett Forward Together Committee ( "HFTC") by repaying HFTC's outstanding indebtedness with respect to the Land and (4) pay certain costs incurred in connection with the execution and delivery of the Contract. In order to secure the County's obligations under the Contract, the Board is also considering the execution and delivery of a deed of trust, security agreement and fixture filing (the "Deed of Trust") related to the County's fee simple interest in all or portion of the real property on which the Agriculture Center and the Public Works Facility are located, together with the improvements thereon (collectively, the "Premises "). The Agricultural Center is located at 126 Alexander Drive, Lillington, North Carolina 27546. The Public Works Facility is located at 200 Alexander Drive, Lillington, North Carolina 27546. All or a portion of the Premises will be mortgaged under the Deed of Trust. On the County's payment of all installment payments due under the Contract, the Contract and any lien created by the Deed of Trust will terminate, and the County's title to the Premises will be unencumbered. NOTICE IS HEREBY GIVEN, pursuant to Sections 160A -20 of the General Statutes of North Carolina, that on June 30, 2015 at 9:00 a.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 the Contract and the Deed of Trust and the transactions contemplated 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 transactions contemplated thereby. /s/ Margaret Regina Wheeler Clerk to the Board of Commissioners County of Harnett, North Carolina Published: June 18, 2015 ATTACHMEIN 1' 3 EXTRACT FROM MINUTES OF BOARD OF COMMISSIONERS A regular meeting of the Board of Commissioners of the County of Harnett, North Carolina (the "Board") was held at the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, at 7:00 p.m. on June 15, 2015 (the "Meeting "), after proper notice, and was called to order by Chairman Jim Burgin, and upon the roll being called, the following members of the Board answered present: Jim Burgin, Chairman Gordon Springle, Vice Chairman Abe Elmore, Commissioner Barbara McKoy, Commissioner Joe Miller, Commissioner The following members of the Board were absent: N/A Also present: Joseph Jeffries, County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk * * * The Chairman of the Board of Commissioners (the "Board") for the County of Harnett, North Carolina (the "County ") stated that the Board has been requested by the Coats Grove Fire & Rescue, Inc. ( "CGFR ") to approve an installment financing agreement between First - Citizens Bank & Trust Company and CGFR (the "Agreement "). CGFR will use the proceeds of the Agreement to finance the acquisition of a fire truck and certain related equipment (the "Equipment") and, if applicable, to pay certain expenses incurred in connection with the delivery of the Agreement. The Chai, man then stated that a notice of public hearing by the Board regarding the Equipment and the execution and delivery of the Agreement had been published on June 3, 2015 in The Daily Record. Chaii wan Burgin declared the public hearing on the Equipment and the execution and delivery of the Agreement to be open. At approximately 7:25 p.m., the Chairman announced that the Board would hear anyone who wished to be heard on the advisability of the financing of the Equipment and the proposed execution and delivery of the Agreement, and that a representative of CGFR was available and prepared to discuss the details concerning such matters. No one spoke. After the Board had heard all persons who requested to be heard, the Chairman declared the public hearing closed. Commissioner Elmore then introduced the following resolution, the title of which was read and copies of which had been previously distributed to each Commissioner: RESOLUTION AUTHORIZING AND APPROVING THE DELIVERY OF AN INSTALLMENT FINANCING AGREEMENT BY COATS GROVE FIRE & RESCUE, INC. AND THE TAX - EXEMPT LOAN RELATED THERETO WHEREAS, Coats Grove Fire & Rescue, Inc. (the "CGFR ") and the County of Harnett, North Carolina (the "County ") have heretofore entered into an agreement in March 1992 whereby CGFR has agreed to provide the County fire protection services; and PPAB 2826527v1 WHEREAS, CGFR wishes to finance the acquisition of a fire truck and certain related equipment (the "Equipment ") and, if applicable, to pay certain expenses incurred in connection with the delivery of the Agreement (as defined below); and WHEREAS, CGFR and First - Citizens Bank & Trust Company intend to enter into an installment financing agreement (the "Agreement") whereby First - Citizens Bank & Trust Company will advance to CGFR funds for the acquisition of the Equipment and, if applicable, such related costs; and WHEREAS, the interest component of the repayment obligations under the Agreement are intended to be excludable from the gross income of the recipients thereof; and WHEREAS, pursuant to the Internal Revenue Code of 1986, as amended (the "Code "), the execution and delivery of the Agreement must be approved, after a public hearing required by Sections 150(e)(3) and 147(0 of the Code, by the governmental unit having jurisdiction over the area in which the Equipment is located; and WHEREAS, the Agreement does not constitute a debt of the State of North Carolina or any political subdivision or any agency thereof, including the County, or a pledge of the faith and credit of the State of North Carolina or any political subdivision or any such agency, including the County, but is payable solely from the revenues and other funds provided for by CGFR in the Agreement; and WHEREAS, because no revenues or taxes of the County are legally pledged to the repayment obligations under the Agreement, the staff of the County has made no financial analysis of the Agreement or the Equipment to be financed thereby; and WHEREAS, the Board of Commissioners of the County (the "Board"), pursuant to public notice duly given, has held a public hearing on the advisability of the delivery of the Agreement to finance the Equipment and has considered the comments of all persons who requested to be heard; and WHEREAS, the Board desires to approve the delivery of the Agreement for the purpose of financing the Equipment; NOW THEREFORE, BE IT RESOLVED by the Board as follows: 1. The Board has held the public hearing and taken the actions set forth herein in order to satisfy Sections 150(e)(3) and 147(0 of the Code. 2. The delivery of the Agreement in an aggregate principal amount not exceeding $400,000 to finance the Equipment and, if applicable, certain related costs is hereby approved. 3. The Clerk to the Board is hereby authorized and directed to provide a certified copy of this resolution to CGFR and First - Citizens Bank & Trust Company. 4. THE AGREEMENT DOES NOT CONSTITUTE ANY POLITICAL SUBDIVISION OR ANY AGENCY THEREOF, FAITH AND CREDIT OF THE STATE OF NORTH CAROLINA AGENCY, INCLUDING THE COUNTY. A DEBT OF THE STATE OF NORTH CAROLINA OR INCLUDING THE COUNTY, OR A PLEDGE OF THE OR ANY POLITICAL SUBDIVISION OR ANY SUCH 5. This resolution is effective on its adoption. 2 PPAB 2826527v I 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 AUTHORIZING AND APPROVING THE DELIVERY OF AN INSTALLMENT FINANCING AGREEMENT BY COATS GROVE FIRE & RESCUE, INC. AND THE TAX-EXEMPT LOAN RELATED THERETO" adopted by the Board of Commissioners of the County of Harnett, North Carolina, in regular session convened on the 15th day of June, 2015. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 15th day of June, 2015. (SEAL) UWi ' • C • ' PPAB 2826527v1 C \‘' ///, 'iirlitiol' 1L/LJ QA C LI-4j LA_ Margar t Regina V11er Clerk t the Board dfjommissjoners