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040416mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting April 4, 2016 The Harnett County Board of Commissioners met in regular session on Monday, April 4, 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 Jim Burgin called the meeting to order at 9:00 am. Vice Chairman Springle led the pledge of allegiance and invocation. Chairman Burgin called for additions and deletions to the published agenda. Mr. Jeffries requested the removal of Harnett County Emergency Services request, on behalf of Benhaven Emergency Services, for approval to purchase a fire truck (tanker) not to exceed $250,000. Vice Chairman Springle moved to approve the agenda as amended. Commissioner Elmore seconded the motion which passed unanimously. Commissioner Elmore moved to approve the following items listed on the consent agenda. Vice Chairman Springle seconded the motion which passed unanimously. 1. Minutes: March 21, 2016 Regular Meeting 2. Budget Amendments: 256 Electronics Management Code 250-6600-461.35-56 Special Acct/Electronic Management 250-0000-336.25-01 Electronic Management 277 Health Department, Aging Division Code 110-7501-441.32-11 Family Care Support 110-7501-441.60-47 Food and Provisions 110-0000-353.75-01 Donations 12,111 increase 12,111 increase 50 increase 100 increase 150 increase April 4, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 5 280 Sheriff's Office Code 110-5100-420-60.53 Materials & Supplies 110-0000-354.11-00 Restitution- Sheriff 287 Cooperative Extension Code 110-7398-465.32-31 4-H Expenditure 110-0000-399-00-00 Fund Balance Appropriated 4-H 290 Health Department Code 110-7600-441.41-11 Telephone & Postage 110-0000-441.76-11 Immunization Action Plan 291 Health Department, Aging Division Code 110-7510-441.32-13 Special Projects 110-0000-353.15-00 Donations -RSVP 716 increase 716 increase 8,000 increase 8,000 increase 158 decrease 158 decrease 600 increase 600 increase 292 Transportation Code 110-4650-410.55-12 Printing & Binding 200 increase 110-4650-410.60-33 Materials & Supplies 1800 increase 110-0000-331.46-01 Federal Grants/Transportation/MID COG 2000 increase 3. Tax rebates, refunds and releases (Attachment 1) 4. Resolution to add roads to state system (Attachment 2) 5. Resolution of the Board of Commissioners of the County of Harnett, North Carolina, Approving an Installment Financing Contract and a Deed of Trust With Respect Thereto and Delivery Thereof and Providing for Certain Other Related Matters including the Escrow Agreement and Lease Agreement relating to the County's refinancing of its 2009 COPs. (Attachment 3) 6. Harnett County Emergency Services requested approval of the EMS Assistant Medical Director contract between County of Harnett and Gregory Michael Christiansen, M.D. as the EMS Medical Director. 7. Harnett County Human Resources requested approval of the Harnett County Vehicle Use Policy. 8. Harnett County Public Utilities requested approval to grant Duke Energy Progress LLC an easement as part of the WTP Upgrade Project. 9. Harnett County Sheriff's Office requested approval of resolution to award Sheriff Larry Rollins his service weapon upon his retirement. (Attachment 4) April 4, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 5 10. Harnett County Senior Staff Attorney requested approval of order approving Compromise Settlement Agreement in Charlene Bass v. Harnett County matter, I.C. File No.: W93571 11. Proclamation — 2016 National Service Recognition Day 12. Sheriff's Office requested $30,000 in additional funding for DNA testing in criminal cases through NMS Labs. 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 addressed the group. Commissioner Miller moved to approve the appointments listed below. Commissioner Elmore seconded the motion which passed unanimously. Adult Care Home Community Advisory Committee Dr. Steven Pusztay (nominated by Commissioner Miller) was appointed to serve on this committee for a term of 1 year expiring April 30, 2017. Southeastern Economic Development Commission (SEDC) Carnell Robinson (nominated by Commissioner Miller) was reappointed to serve on the SEDC Board or Trustees for an additional term of 4 years expiring March 31, 2020. Transportation Advisory Board Lawrence "Larry" Smith (nominated by Commissioner Miller) was appointed to serve on the board for a term of 1 year expiring April 30, 2017. Vice Chairman Springle moved to reappoint Keith Faulkner as Harnett County Tax Administrator for an additional two-year term. Commissioner Miller seconded the motion which passed unanimously. Chairman Burgin administered the Oath of Office of Tax Administrator to Mr. Faulkner. Mr. Snow announced Chairman Burgin's recent appointed to the North Carolina Local Governmental Employees' Retirement System Board of Trustees. NC Senator Ron Rabin administered Chairman Burgin's Oath of Office. Chairman Burgin recognized his family. Chairman Burgin acknowledged Duke Energy's Marty Clayton and Town of Angier Mayor Lew Weatherspoon. Mr. Jeffries presented the following reports: - Harnett County Sales Tax Analysis by Article - December 2015 - Harnett County Financial Summary Report - February 2016 - Fuquay-Varina's Water Request April 4, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 5 Mr. Jeffries and Director of Public Utilities Steve Ward updated the Board regarding the Town of Fuquay-Varina's request for additional water. Mr. Ward provided some background and Mr. Jeffries said it seems like a one-sided offer at this point. Mr. Ward explained the existing service area agreement which he said the County is abiding by. He said Fuquay-Varina wants to be able to tie on to our existing line, install master meters and have control in our district. Mr. Jeffries and Mr. Ward said they believe we need to protect our asset and maintain capacity. They said they did offer Fuquay-Varina some alternatives. Discussions continued. Mr. Jeffries reminded the group of the upcoming Community Update Meeting at the Lillington- Shawtown Elementary School. Chairman Burgin noted that the Wake County Board of Commissioners would like to visit and meet with this Board after the budget is approved. Mrs. Honeycutt requested approval to no longer issue paper checks to vendors and require that all vendor payments be processed as ADH or EFT payments. Ms. Honeycutt anticipates this change will save the County approximately $1,000 a month in processing check fees and postage. It was the consensus of the Board for staff to move forward with this change. Mr. Snow provided an update to the Board regarding Womble Carlyle's request that Harnett County waive any conflict of interest that may arise from their representation of Harnett County in connection with Harnett County matters and their representation of Regions Capital Advantage, Inc. in refinancing matter, and consent to the terms of their Firm's representation of Regions Capital Advantage, Inc. under the conditions described. Mr. Snow said these types of things come up all of the time where there is no literal conflict but technically there is because of the client situation. Commissioner McKoy moved to approve a letter waiving this potential conflict as recommended by Mr. Snow. Commissioner Elmore seconded the motion which passed unanimously. Commissioner McKoy moved that the Board go into closed session to instruct the County staff concerning the position to be taken by the County in negotiation the terms of a contract for the acquisition of real property. This motion is made pursuant to N.C. General Statute Section 143- 318.11(a)(5). Vice Chairman Springle seconded the motion which passed unanimously. Commissioner McKoy moved that the Board come out of closed session. Commissioner Miller seconded the motion which passed unanimously. Chairman Burgin called for any new business. Chairman Burgin asked staff to help Representative Lewis' office schedule a meeting with Piedmont and Natural Gas. He also noted discussion with a military squadron willing to take the commissioners on an aerial tour of Harnett County. Chairman Burgin recessed the regular meeting to reconvene in budget work session. Chairman Burgin reconvened the Board of Commissioners in budget work session in the County Manager's Conference Room. April 4, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 5 Mr. Jeffries led the initial budget meeting, touching base on a few key items as well as reviewing the budget process. Mr. Jeffries provided a quick overview of the upcoming budget, saying there is a lot of information being keyed in so it would be kind of misleading to try to give them any types of numbers today. Staff talked about position requests, health insurance proposal, Medicaid hold harmless, 5 -year Capital Improvement Plan, Economic Development Office purpose and staff, revenues and the 2016-2017 Budget Calendar. Mr. Jeffries sought direction from the Board regarding the upcoming budget. The Board directed staff to balance the budget without using the Fund Balance. Staff responded to questions and budget discussions continued. Commissioner Elmore moved to adjourn the meeting. Vice Chairman Springle seconded the motion which passed unanimously. . Broo s atthews, Chairman (.Rfrohtcd ?+a1) eeler, Clerk April 4, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 5 ATTACHMENT 1 ao}ei Siuiwpy xel JauNlne3 43!a)I 'S n) fm O f1 O X. p Le) --r 0 v 0 rnr .-1- CD NO N r -r, 0 O -a a) O O N CD IA 0 a r7 -t• al ..-1. 3 O G -1' W 70 0 fD 0) C Q ca.O ah n w ° o —I 3 x (D vi I N O 7 3 rr rD co 0 LA in D) a ��� co k4\ ,1 av 1 -4 o 3 ! i; m m.I n al g -a' t. 5 . 00-0000-SIOZ-SIOZ-£08ZIIZ000 00-0000-5 IOZ-SIOZ-Z98600Z000 iodaa pieos 1 1.Maingov1.1.V 'n dl O W 0 331 3INNOG 11I3NOW lnys `OAOa IV lunowv paniaDa8 lunowv punja8 3 fD mall Ipuav ATTACHMENT 2 Harnett COUNTY NORTH CAROLINA RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Tirzah Subdivision Tirzah Drive (SR 1337 Extension) Duly adopted this 4th day of April, 2016. HARNETT COUNTY BOARD OF COMMISSIONERS strong roots • new growth Jim Burgin, j irman www.harnett.org ATTACHMENT 3 EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS A Regular Meeting of the Board of Commissioners (the "Board") of the County of Harnett, North Carolina was held on Monday, April 4, 2016, at 7:00 p.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, Jim Burgin, Chairman of the Board of Commissioners of the County of Harnett, North Carolina, 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 * * * Commissioner Elmore introduced the following resolution, a summary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board and which was read by title: RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND A DEED OF TRUST WITH RESPECT THERETO AND DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS 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 fmance 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 Purchase Contract dated as of February 1, 2009 (the "Prior Contract") between the County and Harnett County Public Facilities Corporation (the "Corporation"); 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 Harnett Central High School is located (the "Site") and the improvements thereon; WHEREAS, the Board of Commissioners of the County (the `Board") has previously determined that it is in the best interest of the County to refinance its installment payment obligations under the Prior Contract; PPAB 3184673v2 WHEREAS, the Board hereby determines that it is in the best interest of the County to enter into an installment financing contract dated on or about April 21, 2016 (the "Contract") with Regions Capital Advantage, Inc. (the "Lender") in order to pay the capital costs of refmancing its installment payment obligations under the Prior Contract; WHEREAS, the Board hereby further determines that it is in the best interest of the County to enter into a deed of trust, security agreement and fixture filing in connection with the Contract (the "Deed of Trust") relating to the County's fee simple interest in the Site and the improvements thereon; WHEREAS, the Board adopted a resolution on March 7, 2016 making certain findings with respect to the Contract, the Deed of Trust and the projects to be refmanced thereby; WHEREAS, the Board conducted a public hearing on March 21, 2016 to receive public comments on the Contract, the Deed of Trust and the projects to be refmanced thereby; WHEREAS, the County has filed an application with the LGC for approval of the LGC with respect to the County entering into the Contract in an aggregate principal amount of not to exceed $31,900,000 at the interest rate specified in the Contract; WHEREAS, there has been made available to the Board the forms of the: (a) the Contract; (b) the Deed of Trust; (c) an Escrow Agreement dated as of April 21, 2016 (the "Escrow Agreement") between the County and U.S. Bank National Association, as escrow agent, relating to the refmancing of the County's payment obligations under the Prior Contract; and (d) a Lease Agreement dated as of April 21, 2016 (the "Lease Agreement ") between the County and the Harnett County Board of Education relating to the lease of the Site by the County to the Board of Education; (collectively, the "Instruments"), which the County proposes to approve, enter into and deliver, as applicable, to effectuate the proposed refmancing at an interest rate specified in the Contract; and WHEREAS, it appears that each of the Instruments is in appropriate form and is an appropriate instrument for the purposes intended; NOW, '1'JJIREFORE, BE IT RESOLVED BY THE BOARD OF 'COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS: Section 1. Ratification of Prior Actions. All actions of the County, the County Manager, the Finance Officer and the Clerk to the Board and their respective designees in effectuating the proposed refinancing are hereby approved, ratified and authorized pursuant to and in accordance with the transactions contemplated by the Instruments. Section 2. Approval, Authorization and Execution of Contract and other Instruments. The County hereby approves the refinancing of the Prior Contract in accordance with the terms of the Contract, which will be a valid, legal and binding obligation of the County in accordance with its, terms. The County hereby approves the amount advanced by the Lender to the County pursuant to the Contract 2 PPAB 3184673v2 in an aggregate principal amount not to exceed $31,900,000 at the interest rate specified in the Contract, such amount to be repaid by the County to the Lender as provided in the Contract. The forms, terms and content of the Instruments are in all respects authorized, approved and confirmed, and the Chairman, the County Manager, the Finance Officer of the County and the Clerk to the Board or their respective designees are each authorized, empowered and directed, individually and collectively, to execute and deliver the Instruments for and on behalf of the County, including necessary counterparts, in substantially the forms presented to the Board, but with such changes, modifications, additions or deletions therein as they may deem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of their approval of any and all such changes, modifications, additions or deletions, and that from and after the execution and delivery of the Instruments, the Chairman, the County Manager, the Finance Officer of the County and the Clerk to the Board or their respective designees are hereby authorized, empowered and directed, individually and collectively, to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Instruments as executed. Section 3. Further Actions. The County Manager, the Chairman of the Board and the Finance Officer of the County are each hereby designated as the County's representatives to act on behalf of the County in connection with the transactions contemplated by the Instruments, and the County Manager, the Chairman of the Board and the Finance Officer of the County are each authorized and directed, individually and collectively, to proceed with the refmancing of the Prior Contract in accordance with the terms of the Instruments, and to seek opinions on matters of law from the County Attorney, which the County Attorney is authorized to furnish on behalf of the County, and opinions of law from such other attorneys for all documents contemplated hereby as required by law. The Chairman, the County Manager and the Finance Officer of the County are each hereby authorized to designate one or more employees of the County to take all actions which the Chairman, the County Manager and the Finance Officer of the County are each authorized to perform under this Resolution, and the Chairman, the County Manager, the Finance Officer of the County or their designees are each in all respects authorized on behalf of the County, individually and collectively, to supply all information pertaining to the transactions contemplated by the Instruments. The Chairman of the Board, the County Manager, the Finance Officer of the County and the Clerk to the Board are authorized, individually and collectively, to execute and deliver for and on behalf of the County any and all additional certificates, documents, opinions or other papers and perform all other acts as may be required by the Instruments or as they may deem necessary or appropriate to implement and carry out the intent and purposes of this Resolution. Section 4. Repealer. All motions, orders, resolutions, ordinances and parts thereof in conflict herewith are hereby repealed. Section S. Severability. If any section, phrase or provision of this Resolution is for any reason declared to be invalid, such declaration will not affect the validity of the remainder of the sections, phrases or provisions of this Resolution. Section 6. Effective Date. This Resolution is effective on the date of its adoption. On motion of Commissioner Elmore, seconded by Vice Chairman Springle, the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF IHARNETT, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND A DEED OF TRUST WITH RESPECT THERETO AND DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS" was duly adopted by the following vote: AYES: 5 NAYS: 0 3 PPAB 3184673v2 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, APPROVING AN INSTALLMENT FINANCING CONTRACT AND A DEED OF TRUST WITH RESPECT THERETO AND DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS" adopted by the Board of Commissioners of the County of Harnett, North Carolina at a meeting held on the 4th day of April, 2016. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 4`h day of April, 2016. PPAB 3184673v2 /404 0,AiYa k - MARC RET REG WHEELER Clerk o the Boar County of Harnett, North Carolina ATTACHMENT 4 NORTH CAROLINA HARNETT COUNTY RESOLUTION THAT, WHEREAS, Sheriff Larry W Rollins, began his Harnett County Law Enforcement career on December 2, 1977; and WHEREAS, after forty years of distinguished service to Harnett County, Sheriff Larry Rollins 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 Sheriff Larry Wayne Rollins be awarded the following service side arm for one dollar ($1.00). Smith & Wesson 38 caliber, serial number CBZ4531. Duly adopted this day of A7YI'EST- , 20 . HARNETT COUNTY BOARD OF COMMISSIONERS Clerk the Board Chairm