031813mHARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
March 18, 2013
The Harnett County Board of Commissioners met in regular session on Monday, March 18,
2013, in the Commissioners Meeting Room, County Administration Building, 102 East Front
Street, Lillington, North Carolina.
Members present:
Staff present:
Jim Burgin, Chaiiman
Gary House, Vice Chaiiuian
Beatrice B. Hill, Commissioner
Joe Miller, Commissioner
C. Gordon Springle, Commissioner
Joseph Jeffries, Interim County Manager
Tony Wilder, Deputy County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Deputy Finance Officer
Margaret Regina Wheeler, Clerk to the Board
Chairman Burgin called the meeting to order at 7:00 pm. Boy Scout Troop 157 of Erwin led the
pledge of allegiance and Commissioner Hill gave the invocation.
Commissioner Hill moved to appoint Tommy Burns as the Harnett County Manager, starting
April 15, 2013, at a salary of $115,000 per year. Commissioner Miller seconded the motion
which passed unanimously.
Commissioner Miller moved to appoint Joseph Jeffries as Deputy County Manager /Director of
Planning Services at a salary of $98,388 per year. Commissioner Hill seconded the motion
which passed unanimously.
Chairman Burgin thanked Mr. Jeffries for the fine job he did as interim county manager and
noted they are looking forward to working with him as Deputy County Manager. Chaiiinan
Burgin thanked Tony Wilder for the services he has and will continue to provide to the county as
Deputy County Manager and Tax Administrator. Chairman Burgin said they are very excited
about Mr. Burns coming to work with Harnett County and he believes this is a great leadership
team.
Chairman Burgin called for additions and deletions to the published agenda. Vice Chairman
House moved to approve the agenda as published. Commissioner Springle seconded the motion
which passed unanimously.
March 18, 2013, Regular Meeting Minutes
Harnett County Board of Commissioners
Page 1 of 7
Commissioner Springle moved to approve the items listed on the consent agenda. Commissioner
Miller seconded the motion which passed unanimously.
1. Minutes: March 4, 2013, Regular Meeting
2. Budget Amendments:
277 WIA Youth Program
Code 234 - 7406 - 465.58 -14
234 - 7406 - 465.44 -21
234 - 7406 - 465.41 -11
234 -7406- 465.35 -26
234 - 7408 - 465.35 -26
234 - 7408 - 465.44 -21
234 - 0000 - 331.74 -06
234 - 0000 - 331.74 -08
Travel
Building & Equipment Rent
Telephone & Postage
Other Participant Cost
Other Participant Cost
Building & Equipment Rent
Sampson In- School
Sampson Out - School
289 Teen Court at Risk Youth
Code 110- 0000 - 334.73 -24 Teen Court
110- 0000 - 331.41 -02 Court Psychologist
291 Social Services Department
Code 110- 7710 - 441.80 -92 LIEAP
110- 7710- 441.80 -25
110- 7710 - 441.80 -65
110- 7710 - 441.80 -70
110- 0000 - 330.77 -01
110- 0000 - 330.77 -08
110- 0000 - 330.77 -03
110- 0000 - 334.77 -02
110- 0000 - 399.00 -00
294 Highland Middle School
Code 331 - 8300 - 480.45 -01
331 -8300- 480.45 -30
331- 8300 - 480.45 -40
331- 8300 - 480.45 -44
331- 8300 - 480.45 -74
331- 8300 - 480.45 -80
331- 8300 - 480.47 -30
331- 8300 - 480.47 -36
331 - 8300 - 480.47 -39
331- 8300 - 480.47 -40
331- 8300 - 480.47 -41
331- 8300 - 480.47 -44
Medical Transportation
Title IV -E Foster Care
State Foster Care R & B
Social Services Administration
Medical Transportation
Foster Care IV -E
Foster Care SFHF
Fund Balance Appropriated
Project CP1301
Construction
Engineering
Land & Right Way
Furniture & Fixtures
Capital Outlay
Contingency
General Contract
Design A &E
Land Surveying
Geotechnical
Wetland Delineation
Environmental
149 decrease
500 decrease
31 decrease
875 increase
775 decrease
580 increase
195 increase
195 decrease
1,500 increase
1,500 decrease
1 18,380 increase
100,000 increase
144,000 increase
127,000 increase
118,380 increase
100,000 increase
118,080 increase
63,500 increase
89,420 increase
21,954,588 decrease
1,298,000 decrease
1,059,417 decrease
3,010,389 decrease
940,000 decrease
1,659,479 decrease
21,954,588 increase
1,298,000 increase
30,000 increase
70,000 increase
3,600 increase
2,400 increase
March 18, 2013, Regular Meeting Minutes
Harnett County Board of Commissioners
Page 2 of 7
294 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.
School Project CP1301 continued
47 -46 Material Testing
47 -49 Land Acquisition
47 -53 Commissioning
47 -54 Furniture
47 -55 Technology & Com
47 -58 Buses
47 -61 Kitchen Material
47 -62 Contingency
296 Sheriff's Office
Code 110 -5100- 420.32 -27 Drug Program
110 -0000- 389.43 -22 Interfund Transfer — Asset Forfeiture
298 Sheriffs Office
Code 110 -5100- 420.43 -21 Maintenance & Repair Auto
110- 0000 - 356.30 -00 Insurance Claims
73,417 increase
810,000 increase
70,000 increase
1,759,008 increase
1,211,381 increase
940,000 increase
40,000 increase
1,659,479 increase
300 Emergency Medical Services
Code 110 -5400- 420.35 -72 ASPR 2012 (Wake Med)
110- 0000 - 353.54 -10 Contributions — ASPR 2012 (Wake Med)
302 Sheriff's Office
Code 110 -5100- 420.58 -14
110- 0000 - 389.43 -22
306 Public Utilities PU0704
Code 568- 9100 - 431.33 -48
568 -9100- 431.45 -33
568- 9100 - 431.45 -80
308 Sheriff's Office
Code 251 -5100- 420.90 -10
251- 0000 - 336.16 -01
310 Sheriff's Office
Code 251 -5100- 420.90 -10
251 -0000- 336.16 -01
311 Sheriffs Office
Code 251 -5100- 420.90 -10
251- 0000 - 336.16 -01
Travel — Administration
Interfund Transfer — Asset Forfeiture
Ft Bragg W &WW
American Water
Materials & Supplies
Contingency
Interfund Transfer — General Fund
Drug Seizures — County
Interfund Transfer — General Fund
Drug Seizures — County
Interfund Transfer — General Fund
Drug Seizures — County
5,607 increase
5.607 increase
1,329 increase
1,329 increase
48,059 increase
48,059 increase
386 increase
386 increase
480,000 decrease
260,000 increase
220,000 increase
10 increase
10 increase
5,607 increase
5,607 increase
386 increase
386 increase
March 18, 2013, Regular Meeting Minutes
Harnett County Board of Commissioners
Page 3 of 7
312 Board of Elections
Code 110- 4300 - 410.12 -00 Salaries & Wages Part-time
110- 4300 - 410.54 -26 Advertising
3. Tax refunds, rebates and releases (Attachment 1)
1,500 increase
1,500 decrease
4. Resolution to delay Harnett County's Revaluation Schedule from January 1, 2015 to
January 1, 2017. (Attachment 2)
5. Planning Department requested approval of a revised agreement between the Town of
Erwin and Harnett County to allow Harnett County Building Inspections to perfoim
inspection services for the Town of Erwin.
6. Emergency Services requested authorization to accept the award from NC Department of
Crime Control and Public Safety Division of Emergency Management in the amount of
$13,976.17. This is a federal grant administered by the State that is available to local
governments to assist in cost of developing and maintaining a comprehensive emergency
management program.
7. Emergency Services requested authorization to receive funds from the FY2012 ASPR
Grant administered through the WakeMed Trauma CapRac in the amount of $48,059.
These funds will be used to purchase Western Shelter Tent with HVAC and Generator;
and a Trailer to transport the tent and equipment. These items will be used in times of
disaster. No County matching funds required and this grant will be a reimbursable grant.
Chairman Burgin opened the floor for informal comments by the public, allowing up to 3
minutes for each presentation up to 30 minutes.
Mr. Paul Long of 601 Old Buies Creek Road in Lillington said he understands that a
letter was sent to the NC DPI for charter schools on county letterhead from one of the
commissioners. He said he also understands that the commissioners had not voted,
discussed or studied this issue and therefore he believes the letter broke the bond of the
harmony that the Board should have.
Patrick Flowers of 33 Shady Grove Road in Spring Lake said he would like to see the
Harnett County Speedway; a place of historical value where Herb Thomas raced 60 years
ago, put in the historical books of Harnett County.
Joe Langley, 298 Kirk Adams Road, said he still hopes to get the timeline he has
requested.
March 18, 2013, Regular Meeting Minutes
Harnett County Board of Commissioners
Page 4 of 7
Commissioner Springle moved to approve the appointments listed below. Commissioner Hill
seconded the motion which passed unanimously.
BOARD OF EQUALIZATION AND REVIEW
Robert Doberstein, Howard Penny, Jr., and Carrell Robinson (nominated by
Commissioner Hill) were reappointed to serve on this Board for a term of two years
expiring February 28, 2015.
TOWN OF ERWIN — PLANNING /BOARD OF ADJUSTMENTS ETJ MEMBERS
William L. Daughtry and Ray Rogers (nominated by Vice Chairman House) were
appointed as ETJ members to the Town of Erwin Planning/Board of Adjustments.
Mitch Brigulio, Davenport and Company, presented for consider approval of a Resolution of the
Board of Commissioners of the County of Harnett, North Carolina, Approving an Installment
Financing Contract and Providing for Certain Other Related Matters. It was noted this resolution
would approve the installment financing contract and related documents that will permit the
County to purchase the District's general obligation refunding bonds in order to refinance the
Districts' existing debt and to refinance certain existing County installment payment obligations.
Mr. Brigulio said this resolution is the last resolution the Board will need to take action on to
complete the refinancing through the limited obligation bond issuance, approves the financing
documents as well as authorizing the chaiiuian and members of staff to execute any contracts
and documents need to finish and complete the transaction for issuance. Mr. Brigulio called
attention to an addition to the original document which states "In addition, if the County
Manager determines that it is in the County's best interests to enter into an amendment to one or
both of the existing installment financing contracts." Mr. Brigulio explained Capital One, in
order to keep one of the 2010 installment purchase contract loans, offered to waive the
prepayment penalty associated with the transaction and also offered to lower the interest rate
down to 2.4 percent. These changes would provide gross savings of a little over a million dollars
which Mr. Brigulio noted would be higher savings than what is available in the public markets
right now. He noted the addition to the resolution would allow the Chaiiivan and staff the ability
to modify the transaction. Commissioner Hill moved to approve the Resolution of the Board of
Commissioners of the County of Harnett, North Carolina, Approving an Installment Financing
Contract and Providing for Certain Other Related Matters. Vice Chairman House seconded the
motion which passed unanimously. (Attachment 3)
In compliance with the open meetings law, Mr. Snow requested public notice by the Board of
Commissioners of the County of Harnett, North Carolina, sitting as the governing body of the
South Central Water and Sewer District of Harnett County, of the Settlement of 12 CVS 00170,
South Central Water and Sewer District of Harnett County v. David Cassias, and wife, Silvia R.
Cassias; MERS; and American South Lending for $7,300.00. This case was resolved by consent
judgment and was previously voted on by the Board in closed session. Commissioner Miller
moved to give public notice of the Settlement of 12 CVS 00170, South Central Water and Sewer
March 18, 2013, Regular Meeting Minutes
Harnett County Board of Commissioners
Page 5 of 7
District of Harnett County v. David Cassias, and wife, Silvia R. Cassias; MERS; and American
South Lending for $7,300.00. Commissioner Springle seconded the motion which passed
unanimously.
Mitch Brigulio, Davenport and Company, reviewed the Qualified School Construction Bonds
(QSCBs) Sinking Fund discussion materials. Mr. Brigulio noted on November 15, 2012, the
County closed on the Series 2012B Taxable Limited Obligation QSCBs. The QSCBs were sold
as a "bullet" maturity with a single principal payment of $29,435000 due on 11/1/2035. In order
to repay this single maturity, the County established a Sinking Fund into which the County
would escrow principal payments annually. The County's deposits into the Sinking fund are
scheduled to begin in FY 2017. The deposits into the Sinking Fund earn interest and are used to
reduce the amount of principal repaid from annual County appropriations. The IRS limits the
amount of interest that can be earned in the Sinking Fund by establishing a Permitted Sinking
Fund Yield which was set when the bonds were priced. Mr. Brigulio reported in the current
market there are investment opportunities approaching maximum interest rates that can be earned
as the federal government will not let you earn more than 3.1 percent.
Mr. Brigulio listed the following three major classes of investment options available for the
investment of Sinking Funds: 1) Pooled Investment Funds (i.e. NCCMT), 2) Individual
Securities (e.g. Treasury Bonds and Notes), and 3) Investment Agreements which is a contract
providing for the lending of issuer funds to a financial institution, which agrees to repay the
funds with interest under predetermined specifications. Mr. Brigulio recommended the
following next steps:
1) Engage an Investment Advisor who can assist the County to:
a) review investment options for the Sinking Funds allowable under North
Carolina Law and the and the County's Bond Documents;
b) evaluate the benefits and risks of the potential investment options;
c) assess the market conditions, and
d) advise staff through the investment process.
2) Coordinate the Working Group for the investment process.
3) Solicit proposals from investment providers active in the marketplace.
4) Negotiate terms and conditions with potential providers.
5) Execute Investment Agreement
Commissioner Miller moved to allow the County Manager, Finance Officer along with counsel,
to proceed on behalf of the County. Commissioner Springle seconded the motion which passed
unanimously.
Mr. Jeffries presented the following reports:
- February 2013 Veteran Affairs Activities Report
- February 2013 Planning Services Report
- February 2013 Department of Public Health Activities Summary
- Inter - Departmental Budget Ordinance Amendments
Commissioner asked that reports be provided to them in a different foiuiat to allow for review.
There was no new business.
March 18, 2013, Regular Meeting Minutes
Harnett County Board of Commissioners
Page 6 of 7
Commissioner Hill moved that the Board go into closed session (1) to discuss matters relating to
the location or expansion of industries or other businesses in Harnett County; and (2) to discuss
certain personnel matters. The motion was seconded by Commissioner House and passed
unanimously.
Commissioner Hill moved that the Board come out of closed session. Vice Chairman House
seconded the motion which passed unanimously.
Commissioner Miller moved to adjourn lhqAceting at 8:09 pm. Commissioner Hill seconded
the motion which passed unanimous) .b'`, GOM
Ji
AIL
urgin, Chail��i.s'
Regina W
ler, Clerk
March 18, 2013, Regular Meeting Minutes
Harnett County Board of Commissioners
Page 7 of 7
ATTACHMENT 1
Board ;Repot
Approved by the Harnett
.;o anty Board of Commissionef
d
Date : 03/18/2013
TO : HARNETT COUNTY BOARD OF COMMISSIONERS
RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES
Approved By : H C AoG
1 BROWN, SHIRLEY KAY
BROWN, DAVID M
9 YELLOWWOOD PL
CAMERON, NC, 28326
2 BULLOCK, LORIE ANN
614 LANE ROAD
DUNN NC, 28334
3 CIRCOSTA, MATTHEW
CIRCOSTA, ANNE MARGARET
16 EDGEMONT TER
SANFORD, NC, 27332 - 6695
4 GOODMAN, JAY ROBERT
220 RIVER RIDGE DR
BROADWAY NC 27505
BROADWAY NC, 27505
5 GOODMAN, JAY ROBERT
220 RIVER RIDGE DR
BROADWAY NC 27505
BROADWAY NC, 27505
6 HOLLIDAY, JOHN FITZGERALD
HOLLIDAY, AMMIE MAE
113 CREPE MYRTLE LANE
ERWIN NC, 28339 - 0000
7 KELLEY, JAMES CALEB
21 ITHICA LN
BUNNLEVEL, NC, 28323 - 9109
8 RWIYAMILIRA, MICHAEL
SALIKO
121 MICRO CT
BROADWAY, NC, 27505 - 8168
9 RWIYAMILIRA, MICHAEL
SALIKO
121 MICRO CT
BROADWAY, NC, 27505 - 8168
10 RWIYAMILIRA, MICHAEL
SALIKO
121 MICRO CT
BROADWAY, NC, 27505 - 8168
11 RWIYAMILIRA, MICHAEL
SALIKO
121 MICRO CT
BROADWAY, NC, 27505 - 8168
12 RWIYAMILIRA, MICHAEL
SALIKO
121 MICRO CT
BROADWAY, NC, 27505 - 8168
13 RWIYAMILIRA, MICHAEL
SALIKO
121 MICRO CT
BROADWAY, NC, 27505 - 8168
WM. A. TONY WILDER
Revenue Administrator
0001991827- 2012- 2012- 000000
0000004912- 2011- 2011- 000000
0001582323- 2012- 2012- 000000
0001902085 -2011- 2011 - 000000
0001968094 - 2011 -2011- 000000
0000024815 -2012- 2012 - 000000
0001896334- 2011 -2011- 000000
0001688062- 2009- 2009- 000000
0001688062- 2010- 2010- 000000
0001688062 -2011- 2011 - 000000
0001753776- 2009- 2009- 000000
0001753776- 2010- 2010- 000000
0001753776 - 2011 -2011- 000000
City 0.00
County 172.26
City 0.00
County 83.74
City 0.00
County 47.95
City 0.00
County 12.54
City 0.00
County 86.69
City 0.00
County 37.32
City
County
City
County
City
County
City
County
City
County
City
County
City
County
0.00
89.33
0.00
24.73
0.00
21.79
0.00
21.01
0.00
114.45
0.00
113.19
0.00
112.17
City Total
County
Total
Total to
172.26 Refund
186.49 Refund
47.95 Refund
12.54 Refund
86.69 Refund
37.32 Refund
89.33 Refund
24.73 Refund
21.79 Refund
21.01 Refund
114.45 Refund
113.19 Refund
112.17 Refund
0.00
937.17
937.17
Military Exemption
Value Decrease
Military Exemption
Military Exemption
Military Exemption
Value Decrease
Military Exemption
Military Exemption
Military Exemption
Military Exemption
Military Exemption
Military Exemption
Military Exemption
be
Refunded
CC:
WM. A. TONY WILDER
ATTACHMENT 2
Harnett
C 0 U N TY
RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS
TO DELAY HARNETT COUNTY'S REVALUATION SCHEDULE
FROM JANUARY 1, 2015 TO JANUARY 1, 2017
WHEREAS, Harnett County completed and implemented its most recent
reappraisal of real property on January 1, 2009, utilizing its own staff and personnel; and
WHEREAS, Harnett County desires to delay the reappraisal of real property to
the time required by G.S. 105 -286, to be effective January 1, 2017, and to implement
subsequent reappraisals on a schedule to be determined by the Board of Commissioners
in compliance with GS 105 -286; following the reappraisal January 1, 2017, and
WHEREAS, the reappraisal work will be conducted by the staff of the Harnett
County Tax Assessor's Office as part of its program of work each year;
NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of
Harnett County ( "Board ") that in the annual budget ordinance for fiscal year 2013 -16, the
Board shall include in the special reserve fund established for the reappraisal an
appropriation for Tax Administration in the amount required for reappraisal work during
that fiscal year consistent with a plan established for the reappraisal of real property, as
required by GS 153A -150; and
BE IT FURTHER RESOLVED, that when the County budget for each succeeding
fiscal year is in preparation, the Board, with the County Manager and Tax Assessor, shall
review the progress of the reappraisal work, and the Board shall appropriate to the special
reappraisal reserve fund such funds in for reappraisal work during that year as may be
necessary to continue the reappraisal work and to assure the completion of the reappraisal
work on schedule.
BE IT FURTHER RESOLVED that a copy of this resolution be forwarded
promptly by the Clerk to the Board to the Department of Revenue as required by G.S.
105 -286.
Adopted this 18th day of March 2013.
ATTEST:
HARNETT COUNTY BOARD OF C 0 MISSIONERS
Marg: ret Regina eeler, Clerk
strong roots • new growth
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 duly called and held on Monday, March 18, 2013, 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 presiding and the following
Commissioners present:
Commissioners Absent:
* * *
Commissioner Hill 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
PROVIDING FOR CERTAIN OTHER RELATED MATTERS
WHEREAS, the County of Harnett, North Carolina (the "County ") is a political subdivision
validly existing under 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 to finance the
purchase or improvement 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 or improved to secure repayment of
the purchase price;
WHEREAS, the Board of Commissioners of the County (the "Board ") has previously detem iined
that it is in the best interest of the County to enter into an Installment Financing Contract dated as of
April I, 2013 (the "Contract ") with the Harnett County Public Facilities Corporation (the "Corporation ")
in order to (1) finance the purchase of general obligation refunding bonds (collectively, the "District
Bonds ") issued by certain water and sewer districts created by the County (collectively, the "Districts ") in
order to assist the Districts to achieve debt service savings with respect to the District Bonds and
(2) refinance all or a portion of the County's installment payment obligations under an Installment
Financing Contract dated as of January 15, 2005 and an Installment Financing Contract dated as of
November 1, 2010, each between the County and Bank of America, N.A. (collectively, the "Prior
Obligations "), in order to achieve debt service savings for the County with respect to the Prior
Obligations;
WHEREAS, to secure its obligations under the Contract, the County will (1) grant to the
Corporation and its assignee under the Contract a first priority security interest in the District Bonds and
(2) if the County Manager determines that it is necessary to consummate the transactions contemplated by
the Contract, 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 currently
mortgaged by the County to secure the Prior Obligations, together with the improvements thereon;
PPAB 2063022v3
WHEREAS, the Corporation will execute and deliver an aggregate principal amount not to exceed
$43,000,000 of its Limited Obligation Bonds (County of Harnett, North Carolina), Series 2013
(the "Bonds "), evidencing proportionate undivided interests in rights to receive certain Revenues (as
defined in the Contract) pursuant to the Contract;
WHEREAS', in connection with the sale of the Bonds to Robert W. Baird & Co. and Merrill
Lynch, Pierce, Fenner & Smith Incorporated (collectively, the "Underwriters"), the Corporation will enter
into a Bond Purchase Agreement to be dated on or about April 12, 2013 (the "Purchase Agreement ")
among the County, the Corporation and the Underwriters relating to the Bonds;
WHEREAS, there have been described to the Board the fauns of the following documents
(collectively, the "Instruments "), copies of which have been made available to the Board, which the
Board proposes to approve, enter into and deliver, as applicable, to effectuate the proposed installment
financing:
(1) the Contract;
(2) an Indenture of Trust dated as of April 1, 2013 (the "Indenture ") between
the Corporation and U.S. Bank National Association, as trustee;
(3) the Purchase Agreement; and
(4) an Escrow Agreement dated as of April 1, 2013 (the "Escrow
Agreement ") between the County and U.S. Bank National Association, as escrow agent.
WHEREAS, to make an offering and sale of the Bonds, there will be prepared a Preliminary
Official Statement with respect to the Bonds (the "Preliminary Official Statement"), a draft thereof having
been presented to the Board, and a final Official Statement relating to the Preliminary Official Statement
(together with the Preliminary Official Statement, the "Official Statement "), which Official Statement will
contain certain information regarding the County;
WHEREAS, it appears that each of the Instruments and the Preliminary Official Statement are in
an appropriate form and is an appropriate instrument for the purposes intended;
WHEREAS, the Board conducted a public hearing on March 4, 2013 to receive public comment
on the proposed Contract and the transactions contemplated thereby; and
WHEREAS, the County has filed an application to the LGC for approval of the Contract;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
THE COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS:
Section 1. Ratification of Instruments. All actions of the County, the Chairman of the Board
(the "Chairman "), the Clerk to the Board (the "Clerk "), the County Manager, the Finance Officer, the
Deputy Finance Officer, the County Attorney and their respective designees, whether previously or
hereinafter taken, in effectuating the proposed financing are hereby approved, ratified and authorized
pursuant to and in accordance with the transactions contemplated by the Instruments.
Section 2. Authorization of the Official Statement. The form, terms and content of the
Preliminary Official Statement are in all respects authorized, approved and confirmed, and the use of the
Preliminary Official Statement and of the final Official Statement by the Underwriters in connection with
the sale of the Bonds is hereby in all respects authorized, approved and confirmed. The Chairman, the
2
PPAB 2063022v3
County Manager, the Finance Officer and the Deputy Finance Officer are each hereby authorized and
directed, individually and collectively, to deliver, on behalf of the County, the Official Statement in
substantially such form, with such changes, insertions and omissions as each may approve.
Section 3. Authorization to Execute the Contract. The County approves the financing of the
District Bonds and the refinancing of the Prior Obligations in accordance with the tennis of the Contract,
which will be a valid, legal and binding obligation of the County in accordance with its terms. The form
and content of the Contract are hereby in all respects authorized, approved and confirmed, and the
Chairman, the Clerk and the County Manager and their respective designees are hereby authorized,
empowered and directed, individually and collectively, to execute and deliver the Contract, including
necessary counterparts, in substantially the form and content 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 the County's approval of any and
all changes, modifications, additions or deletions therein from the form and content of the Contract
presented to the Board. From and after the execution and delivery of the Contract, the Chairman, the
Clerk, the County Manager, the Finance Officer and the Deputy Finance Officer 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 Contract as
executed.
Section 4. Authorization to Execute the Escrow Agreement and Purchase Agreement. The
County approves the form and content of the Escrow Agreement and the Purchase Agreement
(collectively, the "County Agreements "), and each of the County Agreements is in all respects authorized,
approved and confirmed. The Chairman, the Clerk and the County Manager and their respective
designees are hereby authorized, empowered and directed, individually and collectively, to execute and
deliver each County Agreement, including necessary counterparts, in substantially the form and content
of such County Agreement 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 the County's approval of any and all changes, modifications, additions
or deletions therein from the form and content of each such County Agreement presented to the Board.
From and after the execution and delivery of each County Agreement, the Chairman, the Clerk, the
County Manager, the Finance Officer and the Deputy Finance Officer 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 each such County
Agreement as executed.
Section 5. Purchase of District Bonds. The County is hereby authorized and directed to
purchase the District Bonds and to pledge and assign the District Bonds as set forth in the Instruments.
The County representatives (as more particularly described in Section 6 below) are hereby authorized,
empowered and directed, individually and collectively, to enter into a District Bond Purchase Agreement
with each District in substantially the form previously approved by the Board in its capacity as the
governing body of each such District.
Section 6. County Representative. The Chairman, the County Manager, the Finance Officer and
the Deputy Finance Officer are hereby designated as the County's Representative to act on behalf of the
County in connection with the transactions contemplated by the Instruments and the Preliminary Official
Statement, and the Chairman, the County Manager, the Finance Officer and the Deputy Finance Officer
are authorized, individually and collectively, to proceed with the transactions contemplated by the
Contract in accordance with the Instruments and to seek opinions as a matter 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 by this Resolution as required by law. The
County's representatives or designees are in all respects authorized on behalf of the County to supply all
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information pertaining to the County for use in the Official Statement and the transactions contemplated
by the Instruments or the Preliminary Official Statement. The County's representatives or their respective
designees are hereby authorized, empowered and directed, individually and collectively, to do any and all
other acts and to execute any and all other documents which they, in their discretion, deem necessary or
appropriate to consummate the transactions contemplated by the Instruments or the Preliminary Official
Statement or as they deem necessary or appropriate to implement and carry out the intent and purposes of
this Resolution.
Without limiting the foregoing, if the County Manager determines that it is necessary for the
County to execute and deliver the Deed of Trust to consummate the transactions contemplated by the
Contract, then the Chairman or County Manager and the Clerk to the Board are hereby authorized,
empowered and directed, individually and collectively, to execute and deliver the Deed of Trust in
substantially the form of such document traditionally executed and delivered by the County to secure
obligations similar to the Contract, which Deed of Trust shall encumber all or such portion of the real
property currently mortgaged by the County to secure the Prior Obligations, together with the
improvements thereon, as may be required by the entity or its assigns providing funds to the County
under the Contract. In addition, if the County Manager determines that it is in the County's best interests
to enter into an amendment to one or both of the existing installment financing contracts with respect to
the Prior Obligations in order to reduce the interest rate with respect to such Prior Obligations, rather than
refinancing such Prior Obligations with proceeds of the Contract, then the Chairman or County Manager
and the Clerk to the Board are hereby authorized, empowered and directed, individually and collectively,
to execute and deliver all documents necessary to effect such rate modification in form and content
acceptable to them and the County Attorney, in consultation with the County's bond counsel.
Section 7. Severability. If any section, phrase or provision of this Resolution is for any reason
declared to be invalid, such declaration shall not affect the validity of the remainder of the sections,
phrases or provisions of this Resolution.
Section 8. Repealer. All motions, orders, resolutions and parts thereof, in conflict herewith are
hereby repealed.
Section 9. Effective Date. This Resolution is effective on the date of its adoption.
On motion of Commissioner Hill, seconded by Vice Chairman House, the foregoing resolution
entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH
CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND PROVIDING FOR CERTAIN
OTHER RELATED MATTERS" was duly adopted by the following vote:
AYES: 5
NAYS: 0
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PPAB 2063022v3
STATE OF NORTH CAROLINA
Ss:
COUNTY OF HARNETT
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 PROVIDING FOR CERTAIN
OTHER RELATED MATTERS" adopted by the Board of Commissioners of the County of Harnett, North
Carolina at a regular meeting held on the 18`h day of March, 2013.
WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 18`h
day of March, 2013.
PPAB 2063022v3
NO al
MARGA ET REGINA ' HEELER
Clerk : the Board
County of Harnett, North Carolina