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071618mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting July 16, 2018 The Harnett County Board of Commissioners met in regular session on Monday, July 16, 2018, in the Commissioners Meeting Room, County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Members present: Staff present: Gordon Springle, Chairman Howard Penny, Vice Chairman Barbara McKoy, Commissioner Joe Miller, Commissioner Abe Elmore, Commissioner Paula Stewart, County Manager Dwight Snow, County Attorney Margaret Regina Wheeler, Clerk Chairman Springle called the meeting to order at 7:00 pm. Commissioner Barbara McKoy led the Pledge of Allegiance and invocation. Chairman Springle called for additions and/or deletions to the published agenda. Mrs. Stewart asked to remove from the consent agenda for discussion purposes Administration's request for approval of a lease agreement between the County of Harnett and Lucknow Properties LLC to house Harnett County Probation/Parole. Mrs. Stewart also requested the addition of Harnett County Juvenile Crime Prevention Council's request for approval of program agreements for annual funding with the NC Department of Public Safety. Commissioner Elmore moved to approve the agenda as amended. Commissioner Miller seconded the motion, which passed unanimously. Commissioner Elmore moved to approve items on the revised consent agenda. Vice Chairman Penny seconded the motion, which passed unanimously. 1. Minutes: July 10, 2018 Work Session June 18, 2018 Regular Meeting 2. Budget Amendments: 3. 1 Administration & Governing Body Code 110-8199-450.36-30 NC Arts Council 110-0000-334.41-10 NC Arts Council 2 Benhaven Elementary School CP1702 Code 336-8300-480.47-30 General Contractor 336-8300-480.47-62 Contingency 38,010 increase 38,010 increase 11,501 decrease 11,501 increase July 16, 2018 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 6 3 Government Complex South CP1801 Code 339-8300-441.45-80 Contingency 339-0000-389.54-39 Special Revenue 500,000 increase 500,000 increase 4 General Fund 110 Code 110-8701-490.90-03 Other Financing Uses-Tran/Capital Project 500,000 increase 110-0000-399.00-00 Fund Balance Appropriated 500,000 increase 7 Interfund Transfer Code 110-8701-490.90-05 Interfund Transfer — Capital 510,000 increase 110-0000-399.00-00 Fund Balance Appropriated 510,000 increase 9 Clerk of Court Code 110-4402-410.44-21 Building & Equipment Rent 110-8800-490.32-16 Contingency 4. Tax rebates, refunds and releases 6,960 increase 6,960 decrease 5. Harnett County GIS/E-911 requested approval of a land lease for the Cokesbury 911 Communication Tower located at 130 Oakridge River Road. 6. Harnett County Capital Projects Director requested approval of the Brightwater Technology Park Infrastructure Improvements Phase II Project Ordinance totaling $697,813. This project consists of the construction of approximately 540 linear feet of roadway to extend Brightwater Drive to include associated storm drainage and gravity sewer. This project will be funded through a $500,000 Golden Leaf grant and HCDPU reserves. 7. Harnett County Capital Projects Director requested approval of an engineering agreement with WithersRavenel, Inc. totaling $74,700 for the design and construction administration of the Brightwater Technology Park Infrastructure Improvements Phase II Project. These cost will be paid out of project funds. 8. Harnett County Finance Officer, in accordance with Governmental Finance Officers Association (GFOA) best practices, requested approval of the agreement establishing the Harnett County Other Post Employment Benefits Trust (OPEB) Trust. 9. Harnett County Finance Officer requested adoption of a resolution authorizing an intitial contribution of $100,000 into the NC State Treasurer's Ancillary Governmental Participant Investment Program (AGPIP). These funds, invested in the AGPIP, will be used to fund the Harnett County Other Post Employment Benefits (OPEB) Trust. (ATTACHMENT 1) July 16, 2018 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 6 10. Harnett County Finance Officer, in accordance with Governmental Finance Officers Association (GFOA) best practices, requested approval of the agreement establishing the Harnett County Law Enforcement Officer Special Separation Allowance (LEOSSA) Trust. 11. Harnett County Finance Officer requested adoption of a resolution authorizing an intitial contribution of $100,000 into the NC State Treasurer's Ancillary Governmental Participant Investment Program (AGPIP). These funds, invested in the AGPIP, will be used to fund the Harnett County Law Enforcement Officer Special Separation Allowance (LEOSSA) Trust. (ATTACHMENT 2) 12. Harnett County Parks and Recreation requested adoption of bylaws for the newly created Parks and Recreation Advisory Committee. This committee will represent the interests of the citizens of Harnett County by providing guidance for Harnett County Parks and Recreation in planning for future needs and trends in the area of recreation, as well as promoting parks, facilities and events. 13. Harnett County Human Resources requested waiver of unpaid dental costs for retiree Eunice Matthews in the amount of $144.10 and retiree Ken Slattum in the amount of $138.32. The two retirees were incorrectly charges a percentage cost of their dental. 14. Harnett County General Services requested approval of the Airport Management (FBO) Selection Committee's recommendation to award Warren Investment Company of NC the contract to manage the Harnett Regional Jetport for the next five (5) years. General Services also requests approval to negotiate the contract with Warren Investment Company of NC who is requesting a contract price of $138,500 per annum. 15. Harnett County Public Utilities requested approval of write-offs for the second quart of 2018 in the amount of $24,264.42. All of these accounts have been delinquent for more than three years. The facilitation of these write-offs is an important step in a continuing effort to effectively manage our collections and bad debt. 16. Development Services requested approval to include the $50 fee for Sheathing Inspection in the FY 2018/19 Development Services Fee Schedule. This fee was deleted in error. 17. Resolution by the Harnett County Board of Commissioners Amending To Three Percent (3%) The Harnett County District H Room Occupancy Tax. (ATTACHMENT 3) 18. Harnett County Manager Paula Stewart requested approval of two new Assistant County Manager positions at Grade 36. 19. Harnett County Juvenile Crime Prevention Council requested approval of program agreements with the NC Department of Public Safety for JCPC annual funding for the following programs: July 16, 2018 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 6 - Harnett Conty Restitution Program - 4-H Teeen Court and At -Risk Youth Development - REnetry Psychological Services - ReEntry Healthy Choices - JCPC ADM Chairman Springle opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. Linda Marion Miller of 5 Turtle Point Drive in Fuquay-Varina shared her issues with her neighbor and his roosters and chickens. Mrs. Miller cited the Harnett County Noise Ordinance. Commissioners asked General Services Director Barry Blevins to work with Mrs. Miller regarding her concerns. Gay Wilson of 110 Morgan Street in Erwin shared a letter from the Erwin Historical Society pledging their support for the construction of a new school in Erwin. Commissioner Miller moved to approve the appointments listed below. Vice Chairman Penny seconded the motion that passed unanimously. Agriculture Advisory Board Dudley Langdon was reappointed to serve on this Board for a term of three years expiring July 1, 2021. Sandhills Center for MHDDSAS Board of Directors Commissioner Joe Miller was reappointed to serve on this Board for a term of three years expiring September 1, 2021. Regarding Administration's request for approval of a lease agreement between the County of Harnett and Lucknow Properties LLC to house Harnett County Probation/Parole, Mrs. Stewart requested approval of the agreement contingent upon inspection and approval by the State per her conversation with Ron Moore, Property Manager with NC Department of Public Safety for Purchasing and Logistics. Harnett County is statutorily required to provide space for this program. The initial term of the lease for the property at 107 East Broad Street in Dunn will be three years beginning on August 1, 2018 for $3,900 per month. Commissioner Miller moved to approve the lease agreement contingent upon final approval by the State. Vice Chairman Penny seconded the motion that passed unanimously. Harnett County Public Utilities Director Steve Ward requested approval of the revised HCDPU Water and Sewer Ordinance. Mr. Ward said changes were made to reflect recent legislation passed by the NC General Assembly. The legislation amends when system development fees can be collected for subdivisions. Mr. Ward said in some ways the new law simplifies the process and responded to questions. Vice Chairman Penny moved to approve the revised HCDPU Water and Sewer Ordinance as presented. Commissioner Elmore seconded the motion, which passed unanimously. July 16, 2018 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 6 Mrs. Stewart petitioned the board for a public hearing regarding appropriations for Harnett County Economic Development Department as well as specific economic development incentives set forth in the FY 2018-19 budget. This public hearing is required in accordance with N.C. General Statute §158-7.1. The total expenditure budget for economic development matters is $1,111,268. This includes a specific incentive to be paid pursuant to a previously adopted Economic Development Incentive Agreement in the form of a partial reimbursement of local ad valorem taxes paid by The Rooms To Go Distribution Company, LLC Agreement for the new Rooms To Go facility in Dunn, NC (up to $352,107). The budget also includes a marketing effort for the Moncure Megasite in the amount of $10,000 and continued deferment of $100,000 reduced land purchase pursuant to the previously adopted Economic Development Incentive Agreement with Treyburn Realty, LLC (Quick Lane Tire & Auto Center). Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. Walter Weeks of 12 Eagle Road in Coats, who currently chairs the Harnett County Properties Corporation and serves on the Economic Development Council, thanked the Board for their investment in economic development. Mr. Weeks spoke in favor of the appropriations. Seeing no one else move, Chairman Springle closed the public hearing. Commissioner Elmore moved to approve the appropriation for Harnett County Economic Development Department. Commissioner Miller seconded the motion that passed unanimously. Mrs. Stewart presented the following reports: Veteran Services Activities Report — June 2018 Public Health Activities Report — June 2018 Development Services Report — May 2018 Harnett County Financial Summary — May 2018 Harnett County Sales Tax Analysis by Article — March 2018 NC Total Retirement Plans Contribution -Based Benefit Cap Report Interdepartmental Budget Amendments Mrs. Stewart also reviewed upcoming meetings and invitations. There was no new business. Commissioner Miller moved that the Board go in to closed session for the following purposes: 1) To discuss certain economic development matters; and 2) To discuss certain personnel matters; and 3) Consultation with the County's legal staff in order to preserve the attorney-client privilege concerning the handling of certain claims and litigation including the following case: Livingston Estate et al vs Kehagias, et al, US District Court, Eastern District of N.C., Western Division, Case No. 5:16 CV -00906 -BO. This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(4),(6)&(3). Commissioner Elmore seconded the motion, which passed unanimously. July 16, 2018 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 6 Commissioner Elmore moved that the Board come out of closed session. Commissioner McKoy seconded the motion that passed unanimously. Commissioner Elmore moved to adjourn the meeting at 8:52 pm. Vice Chairman Penny seconded the motion, which passed unanimously. G • tdon Springle, hairm eig,„ July 16, 2018 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 6 ATTACHMENT 1 Harnett COUNTY NORTH CAROLINA RESOLUTION TO ESTABLISH AN IRREVOCABLE TRUST FOR OTHER POSTEMPLOYMENT BENEFITS (OPEB) WHEREAS, the Local Government Other Post -Employment Benefits Trust (the "OPEB Trust") established pursuant to North Carolina General Statutes ("NCGS") Section 147-69.2 and 159- 30.1 consists of contributions made by local governments, public authorities and other entities ("Participants") authorized to make contributions to the OPEB Trust, which contributions are irrevocable; WHEREAS, the assets of the OPEB Trust are not subject to the claims of creditors of any Participants and may only be withdrawn by a Participant to provide benefits to individuals, who are former employees, or beneficiaries of former employees of the Participant, and who are entitled to benefits payable by the Participant within the meaning of NCGS Section 147-69.2 or 147-69.5; and www.harnett.org WHEREAS, the Harnett County Board of Commissioners has determined that it is advisable and in the best interests of the County of Harnett to make contributions to the OPEB Trust for the purpose of funding its obligation to provide post -employment benefits other than pension benefits, as provided in that certain Deposit Agreement between the County of Harnett and the Treasurer, the form of which has previously been made available to the Harnett County Board of Commissioners (the "Deposit Agreement"). WHEREAS, the Harnett County Board of Commissioners has the authority to appoint and remove Trustees of the OPEB Trust in accordance with the Trust Agreement. WHEREAS, the Harnett County Board of Commissioners has appointed the County Manager as an Authorized Representative and as Trustee of the OPEB Trust, and the Trustee has accepted such appointment pursuant to the terms and conditions set forth in the Trust Agreement. NOW, THEREFORE, BE IT RESOLVED, that the Harnett County Board of Commissioners hereby acknowledges and approves an initial contribution of $100,000.00 to the OPEB Trust (the "Contribution") pursuant to the terms and conditions of the Deposit Agreement between the County of Harnett and the State Treasurer of North Carolina in the form presented to the Harnett County Board of Commissioners; FURTHER RESOLVED, that the appropriate officers, managers, and representatives of the County of Harnett (the "Authorized Representatives") are hereby authorized and directed to execute and deliver the Deposit Agreement, to take any other actions deemed necessary or appropriate to consummate the transactions provided for therein, and to cause the Contribution to be made; strong roots • new growth FURTHER RESOLVED, that all actions heretofore taken by any of the Authorized Representatives of the County of Harnett acting on behalf of the County of Harnett in furtherance of the foregoing resolutions are hereby ratified, adopted, approved and confirmed in all respects; and FURTHER RESOLVED, that the Authorized Representatives of the County of Harnett acting on behalf of the County of Harnett are hereby authorized to take all such other actions as they may deem necessary or appropriate to give effect to the foregoing resolutions. Duly adopted by the Harnett County Board of Commissioners this 16th day of July, 2018. Attest: '41t1 Mar caret ' egin www.harnett.org Wheeler, Clerk HARNETT COUNTY BOARD OF COMMISSIONERS By: Gordon Springle, Chairman of the oar• of Commissioners ATTACHMENT 2 Harnett COUNTY NORTH CAROLINA RESOLUTION TO ESTABLISH AN IRREVOCABLE LOCAL GOVERNMENT LAW ENFORMCENT SPECIAL SESPARATION ALLOWANCE ("LEOSSA") TRUST WHEREAS, the Local Government Law Enforcement Special Separation Allowance Trust (the "LEOSSA Trust") established pursuant to North Carolina General Statutes ("NCGS") Section 147-69.5 and 159-30.2 consists of contributions made by local governments, public authorities and other entities ("Participants") authorized to make contributions to the OPEB Trust, which contributions are irrevocable; WHEREAS, the assets of the LEOSSA Trust are not subject to the claims of creditors of any Participants and may only be withdrawn by a Participant to provide benefits to individuals, who are former employees, or beneficiaries of former employees of the Participant, and who are entitled to benefits payable by the Participant within the meaning of NCGS Section 147-69.2 or 147-69.5; and www.harnett.org WHEREAS, the Harnett County Board of Commissioners has determined that it is advisable and in the best interests of the County of Harnett to make contributions to the LEOSSA Trust for the purpose of funding its obligation to provide post -employment benefits to qualified law enforcement officers, as provided in that certain Deposit Agreement between the County of Harnett and the Treasurer, the form of which has previously been made available to the Harnett County Board of Commissioners (the "Deposit Agreement"). WHEREAS, the Harnett County Board of Commissioners has the authority to appoint and remove Trustees of the LEOSSA Trust in accordance with the Trust Agreement. WHEREAS, the Harnett County Board of Commissioners has appointed the County Manager as an Authorized Representative and Trustee of the LEOSSA Trust, and the Trustee has accepted such appointment pursuant to the terms and conditions set forth in the Trust Agreement. NOW, THEREFORE, BE IT RESOLVED, that the Harnett County Board of Commissioners hereby acknowledges and approves an initial contribution of $100,000.00 to the LEOSSA Trust (the "Contribution") pursuant to the terms and conditions of the Deposit Agreement between the County of Harnett and the State Treasurer of North Carolina in the form presented to the Harnett County Board of Commissioners; FURTHER RESOLVED, that the appropriate officers, managers, and representatives of the County of Harnett (the "Authorized Representatives") are hereby authorized and directed to execute and deliver the Deposit Agreement, to take any other actions deemed necessary or appropriate to consummate the transactions provided for therein, and to cause the Contribution to be made; 1 strong roots • new growth FURTHER RESOLVED, that all actions heretofore taken by any of the Authorized Representatives of the County of Harnett acting on behalf of the County of Harnett in furtherance of the foregoing resolutions are hereby ratified, adopted, approved and confirmed in all respects; and FURTHER RESOLVED, that the Authorized Representatives of the County of Harnett acting on behalf of the County of Harnett are hereby authorized to take all such other actions as they may deem necessary or appropriate to give effect to the foregoing resolutions. Duly adopted by the Harnett County Board of Commissioners this 16th day of July, 2018. Attest: HARNETT COUNTY BOARD OF COMMISSIONERS By: Gordon Spring Chairman of the Board of Commissioners Marg Regina www.harnett.org eeler, Clerk 2 ATTACHMENT 3 Harnett COUNTY NORTH CAROLINA RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS AMENDING TO THREE PERCENT (3%) THE HARNETT COUNTY DISTRICT H OCCUPANCY TAX THAT WHEREAS, the North Carolina General Assembly passed Session Law 2017-202, which created Harnett County District H as a taxing district and authorized the Harnett County Board of Commissioners to levy a tax of up to six percent (6%) of the gross receipts derived from the rental of any room, lodging, or accommodation furnished by a hotel, motel, inn, tourist camp, or similar place within the district that is subject to sales tax imposed by the State under G.S. 105-164.4(a)(3); and WHEREAS, following a public hearing on December 18, 2017, the Harnett County Board of Commissioners adopted a Resolution on March 5, 2018, levying a six percent (6%) room occupancy tax within Harnett County District H effective May 1, 2018; and www.harnett.org WHEREAS, following adoption of the March 5, 2018 "RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS LEVYING A SIX PERCENT (6%) ROOM OCCUPANCY TAX WITHIN HARNETT COUNTY DISTRICT H," the Harnett County Board of Commissioners met with the hoteliers responsible for collecting the occupancy tax who voiced concerns that a six percent (6%) room occupancy tax would be detrimental to their business; and WHEREAS, the March 5, 2018 Resolution stated that the Harnett County Board of Commissioners may by resolution amend or repeal the levy of the room occupancy tax, but no repeal or amendment shall become effective until the end of the fiscal year in which the resolution was adopted. Repeal or amendment of a room occupancy tax does not effect a liability for a tax that was attached before the effective date of the repeal or amendment, nor does it effect a right to a refund of a tax that accrued before the effective date of the repeal or amendment; and WHEREAS, the Harnett County Board of Commissioners voted unanimously during their June 18, 2018 meeting to amend the Harnett County District H occupancy tax levy to three percent (3%); and NOW THEREFORE BE IT RESOLVED that the Harnett County Board of Commissioners hereby amends the March 5, 2018, "RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS LEVYING A SIX PERCENT (6%) ROOM OCCUPANCY TAX WITHIN HARNETT COUNTY DISTRICT H" to levy a three percent (3%) room occupancy tax effective July 1, 2018; and strong roots • new growth BE FURTHER RESOLVED that this Resolution does not amend or repeal any other provision of the March 5, 2018 "RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS LEVYING A SIX PERCENT (6%) ROOM OCCUPANCY TAX WITHIN HARNETT COUNTY DISTRICT H" enacted by the Harnett County Board of Commissioners. Adopted this 16t_,� ; - :,. July 2018. ATTEST: HARN T COUNTY B ARD OF COMMISSIONERS y Gordon Springle,C1 et Regineeler, Clerk to the Board www.harnett.org