CALLED TO ORDER INVOCATION PLEDGE OF ALLEGIANCE CONSENT AGENDA

Transcription

1 August 3, 2015 The City Council of the City of Raeford met in regular session on Monday, August 3, 2015 at 7:00 p.m. in the James B. McLeod Council Chambers of Raeford City Hall. The following members of the City Council were present: Mayor John K. McNeill, III, Councilman John Jordan, Councilman Robert Conoly, Councilman Wayne Willis and Councilwoman Mary Neil King. Councilman Charles Allen was absent due to being on vacation. Also present were: Dennis Baxley, City Manager; Betty Smith, City Clerk; William Fields, Attorney; Kemp Crumpler, Chief of Police; Trudy McVicker, Ops Mgr/Environmental Compliance; Roy Guinn, Utilities Director; Scott Edwards, Finance Officer; Terry Tapp, Fire Marshal and Shelia Black, reporting for the News Journal. Mayor McNeill called the meeting to order. Mayor McNeill offered the invocation. CALLED TO ORDER INVOCATION PLEDGE OF ALLEGIANCE Mayor McNeill led everyone in the Pledge of Allegiance. CONSENT AGENDA Mayor McNeill presented the consent agenda and asked if any item should be removed before calling for action. A motion was made by Councilman Jordan to approve consent items IV.I through IV.10. The motion was seconded by Councilman Willis and unanimously carried. The consent items appear below: IV. 1. Approved Regular Minutes of June 1, Approved 2015 tax adjustments as shown below: Robert and Janet Pate 415 E. Edinborough Avenue. Failed to apply the senior citizen discount. Adjustment of $78.55 requested. First Citizens Bank Equipment Finance and Lease Extension for listing was granted and late list penalty of $78.19 was billed in error. Total adjustments: $ Accepted information concerning National Night Out to be held on August 8 th, 2015 at Hoke County Recreation Complex. 4. Approved unsealing the Closed Session Minutes from June 1, 2014 to the present, per attorney review and concurrence. 5. Approved repealing subsection 16, 17 and 18 of Section VI of the City s Personnel Policy and adopting Section XIV. Employee Computer, , Internet and Social Media Usage Policy. The newly adopted Employee Computer, , Internet and Social Media Usage Policy can be found in the Personnel Policy as maintained by the Human Resource Administrator.

2 08/03/ Approved Resolution # below declaring the City s intent to reimburse itself for expenditures advanced for the purchase of equipment as listed in Exhibit A as shown below. RESOLUTION # A RESOLUTION OF OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF A BORROWING WHEREAS, the Manager has described to the Council the desirability of adopting a resolution, as authorized by federal tax law, to facilitate the City s use of proceeds from tax-exempt financing to restore the City's funds when the City makes capital expenditures (the Expenditures ) prior to closing on the financing. WHEREAS, the City may advance its own funds to pay expenditures related to acquiring capital assets, may borrow funds on a short-term taxable or tax-exempt basis in order to pay such expenditures or may enter into contracts obligating third parties to make certain expenditures relating to the purchase prior to incurring indebtedness and to receive reimbursement for such expenditures from proceeds of tax-exempt obligations or taxable debt, or both; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RAEFORD: Section 1. The City intends to utilize the proceeds of tax-exempt indebtedness, including but not limited to installment finance agreements (the Indebtedness ), or to incur other debt, which will be used to pay the costs of acquiring various capital assets (see list attached hereto as Exhibit A) in an amount not currently expected to exceed $430,305. Section 2. The City intends that the proceeds of the Indebtedness will be used to reimburse the City for Expenditures made no more than 60 days prior to the date of this resolution. As of the date of this resolution, the City reasonably expects that it will reimburse the Expenditures with the proceeds of the Indebtedness or other debt. Section 3. This Resolution constitutes the City s official intent, as that term is defined in 26 C.F.R , with regard to the Expenditures. Section 4. This resolution shall become effective upon adoption. The foregoing resolution, having been submitted to a vote, received the following vote and was duly adopted this 3 rd day of August, Ayes: 4 Noes: 0 Absent or Excused: 1 Dated: August 3, 2015 John K. McNeill, III, Mayor Attest: Betty S. Smith, City Clerk

3 08/03/15 3 EXHIBIT A Description Vendor Amount 2 Ford Interceptors State Contract $ 62, Ford F-150 Trucks State Contract 42, Front End Loader - Sanitation Truck McNeilus 250, Ford F-250 4x4 Truck State Contract 27, Bobcat Excavator with Trailer TBD 48, Amount to be Financed not to Exceed (including incidentals) $ 430, Approved Resolution # for financing bid from MMD Group, LLC as the lowest responsible, responsive bidder for borrowing services. RESOLUTION # RESOLUTION APPROVING FINANCING TERMS WHEREAS, The City of Raeford (the City ) has previously determined to undertake a project for the financing of vehicles, (the Project ), and the City Finance Officer has now presented a proposal for the financing of such Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RAEFORD: 1. The City hereby determines to finance the Project through Capital One Public Funding, LLC, as nominee of MMD Financial, LLC, in accordance with the proposal dated July 17, The amount financed shall not exceed $430,305.00, the annual interest rate (in the absence of default or change in tax status) shall not exceed %, and the financing term shall not exceed 60 months ( 5 ) years from closing. The Amortization Schedule for the Project is attached hereto as Attachment A. 2. All financing contracts and all related documents for the closing of the financing (the Financing Documents ) shall be consistent with the foregoing terms. All officers and employees of the City are hereby authorized and directed to execute and deliver any Financing Documents, and to take all such further action as they may consider necessary or desirable, to carry out the financing of the Project as contemplated by the proposal and this resolution. 3. The Finance Officer is hereby authorized and directed to hold executed copies of the Financing Documents until the conditions for the delivery of the Financing Documents have been completed to such officer s satisfaction. The Finance Officer is authorized to approve changes to any Financing Documents previously signed by City officers or employees, provided that such changes shall not substantially alter the intent of such documents or certificates from the intent expressed in the forms executed by such officers. The Financing Documents shall be in such final forms as the Finance Officer shall approve, with the Finance Officer s release of any Financing Document for delivery constituting conclusive evidence of such officer's final approval of the Document s final form.

4 08/03/ The City shall not take or omit to take any action the taking or omission of which shall cause its interest payments on this financing to be includable in the gross income for federal income tax purposes of the registered owners of the interest payment obligations. The City hereby designates its obligations to make principal and interest payments under the Financing Documents as qualified tax-exempt obligations for the purpose of Internal Revenue Code Section 265(b)(3). 5. The City intends that the adoption of this resolution will be a declaration of the City s official intent to reimburse expenditures for the project that is to be financed from the proceeds of the Capital One Public Funding, LLC, as nominee of MMD Financial, LLC financing described above. The City intends that funds that have been advanced, or that may be advanced, from the City s general fund or any other City fund related to the project, for project costs may be reimbursed from the financing proceeds. 6. All prior actions of City officers in furtherance of the purposes of this resolution are hereby ratified, approved and confirmed. All other resolutions (or parts thereof) in conflict with this resolution are hereby repealed, to the extent of the conflict. This resolution shall take effect immediately. The foregoing resolution, having been submitted to a vote, received the following vote and was duly adopted this 3rd day of August, Ayes: 4 Noes: 0 Absent or Excused: 1 John K. McNeill, Mayor Date Attest: Raeford, NC Betty Smith, City Clerk ATTACHMENT A Compound Period: Annual Nominal Annual Rate: % AMORTIZATION SCHEDULE - Normal Amortization, 360 Day Year Date Payment Interest Principal Balance Loan 9/01/ , /01/ , , , , /01/ , , , , /01/ , , , , /01/ , , , , /01/ , , , Grand Totals 456, , ,305.00

5 08/03/ Approved Resolution # directing the city clerk to investigate the sufficiency of a petition requesting annexation as submitted by Robert A. and Shirley J. Wright to annex acres on Turnpike Road into the city limits of Raeford. Resolution follows: # RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A PETITION RECEIVED UNDER G.S. 160A-31 RE: Robert A. and Shirley J. Wright 750 June Johnson Road Raeford, N.C WHEREAS, a petition requesting annexation of the area described in said petition has been received on March 24, 2015 by the City Council and WHEREAS, G.S. 160A-31 provides that the sufficiency of the petition shall be investigated by the City Clerk before further annexation proceedings may take place; and WHEREAS, the City Council of the City of Raeford deems it advisable to proceed in response to this request for annexation; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Raeford, North Carolina that: The City Clerk is hereby directed to investigate the sufficiency of the above described petition and to certify as soon as possible to the City Council the results of her investigation. Dated this the 3 rd day of August, ATTEST: JOHN K. MCNEILL, III MAYOR BETTY SMITH CITY CLERK 9. Due to Labor Day observance by the city on September 7 th, 2015, the council unanimously agreed to hold the September council meeting on August 31, Accepted the monthly departmental reports and the Revenue and Expenditure reports for the FYTD period ending July 31, 2015 from the Finance Officer. REPORTS, RECOMMENDATIONS AND COMMENTS FROM MAYOR, COUNCIL, MANAGER AND ATTORNEY Councilwoman King highly recommended citizens to consider the Citizen s Police Academy program offered by the Raeford Police Department. The purpose of this program is to foster better communication between citizens and police through education. Instruction consists of 2- hour classes one a week for 8 weeks. Members of the Raeford Police Dept. will be some of the instructors. Mayor and Council thanked staff and employees for their dedicated service. She also thanked the city employees for the integrity that they show.

6 08/03/15 6 City Manager asked Scott Edwards, Finance Officer, to give an update on the upcoming online payment program and the new web-site. Scott informed the council that the on-line program will be in service in September. He reported that Felecia Locklear, Planner and Ben DeNoble, Police Sergeant, are assisting in the web site development. Kemp Crumpler, Chief of Police, reported that due to BETA test program through Federal Signal, they have received 6 body cameras to be used by police officers. The 1 st phase of testing of the body cameras has been finished and a policy will be required for approval by the council. City Manager gave the following report: 1. Turnpike sewer crossing was installed last week and tested today. Everything went well. 2. Three additional applications for the façade grant were approved by the Downtown Redevelopment Commission. They were: William Moses, Ronald Jackson and Brad Calloway. Pending HUD approval this will exhaust nearly all the funds. HUD has transferred authority of the grant to the closeout team. 3. The County s desire to purchase water from the City of Raeford has hit a snag. They have no director, who was the biggest proponent of the project. All work on the city s end has been halted until the County can make a firm commitment. 4. McLaughlin Park lighting has been an issue the past 3 weeks. Half of the walking trail lights are out. Travis Sutherland, Public Works Director, contacted Duke Energy once it was brought to his attention and they have determined that there is an underground power supply issue. No time frame has been given for the repair, but we are staying in contact with them. 5. All economic incentive grants have been submitted and we are awaiting a release of funds. 6. Manager has been asked to serve on the WPCSOCC by Chairman Cory Basinger. This is the commission that governs WW Treatment operators. 7. Robbin Heights softball field will be completed in September. MEETING ADJOURNED A motion was made by Councilwoman King to adjourn the August 3, 2015 council meeting. The motion was seconded by Councilman Conoly and unanimously carried. Betty Smith City Clerk John K. McNeill, III Mayor