081919mHARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
August 19, 2019
The Harnett County Board of Commissioners met in regular session on Monday, August 19,
2019, 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
Mark B. Johnson, Commissioner
Barbara McKoy, Commissioner
Joe Miller, Commissioner
Paula Stewart, County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
Chairman Springle called the meeting to order at 6:00 pm. Vice Chairman Penny led the Pledge
of Allegiance and invocation.
Commissioner Miller recognized Christy Hinnant who was recently name Mrs. Universal 2019.
Ms. Hinnant currently resides in Harnett County and briefly addressed the group.
Chairman Springle called for any additions or deletions to the published agenda. Mrs. Stewart
requested to add for consideration Budget Amendment #80b in the amount of $44,527 to amend
the Erwin Elementary School Project Fund. Commissioner Miller moved to approve the agenda
as amended. Commissioner McKoy seconded the motion that passed unanimously.
Vice Chairman Penny moved to approve items on the consent agenda. Commissioner Johnson
seconded the motion, which passed unanimously
1. Minutes: August 5, 2019 Regular Meeting
July 9, 2019 Work Session
2. Budget Amendments:
27 Emergency Services
Code 1104450 535030
1103800 380850
40 Cooperative Extension
Code 1104995 544080
1104995 330310
R & M — Vehicles
Insurance Settlement
Pesticide Recycling Program
Pesticide Recycling -State Fund
230 increase
230 increase
1,845 increase
1,845 increase
August 19, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 1 of 9
35 Cellular & Internet Service
Code 1104630 583000
1104630 583000
1104630 583000
1104630 330210
1104630 330310
1104630 390510
853 Governing Body
Code 1109910 599000
1104110 544000
10876 Parks & Recreation
Code 5056110 519000
5056110 519040
5056110 523050
5056110 524015
5056110 528010
5056110 535015
5056110 555000
5056110 544000
5053900 390990
5053900 390981
Raised Roof Van Replacement
Minivan Replacement
Security Equipment
Federal
State
Local
Contingency
Contracted Services
162,000 increase
30,000 increase
18,000 increase
168,000 increase
21,000 increase
21,000 increase
32,996 decrease
32,996 increase
Professional Services 10,000 increase
Engineering 20,000 increase
Plants, Seeds & Fertilizer 10,000 increase
M and R Supplies — Landscaping 70,000 increase
Athletic and Program Supplies 30,000 increase
R and M Supplies — Landscaping 60,000 increase
Capital Outlay Equipment 142,730 increase
Contracted Services 300,000 increase
Fund Balance Appropriated 442,730 increase
Transfer from — General Fund 200,000 increase
3. Tax rebates, refunds and releases
4. Harnett County Human Resources requested approval to amend the Personnel Ordinance
to add clarifying information regarding the appointment of the Harnett County Tax
Administrator; specifically in Article 1, Section 2 and 5.
5. Harnett County Emergency Services requested approval of the EMS Assistant Medical
Director contract between the County of Harnett and Sean Samuel Ray, M.D. as the EMS
Assistant Medical Director effective September 1, 2019 through October 31, 2019.
EMS Medical Director Dr. Erin Wirths is resigning November 1, 2019 and Dr. Ray will
assist her until she leaves and then become the EMS Medical Director.
6. Hamett County Cooperative Extension requested approval to accept the 2019-20
Southern Pea Project Grant in the amount of $16,250. The grant that will be used to
purchase a pea sheller and mount the sheller on a trailer to be used at multiple farms in
2020. The equipment will provide an opportunity for former and current tobacco farmers
to try a new crop and explore value added opportunities.
August 19, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 2 of 9
Chairman Springle opened the floor for informal comments by the public, allowing up to 3
minutes for each presentation up to 30 minutes. The following citizens addressed the Board:
- Floyd Heins of 411 Rainey Drive in Spring Lake
- Wanda Fike of 943 Shawtown Road in Lillington
- Randy Gregory, originally from Buies Creek, now lives in Fayetteville
- Beatrice Hill of 451 Joes Johnson Road in Lillington
Vice Chairman Penny moved to approve the appointments listed below. Commissioner McKoy
seconded the motion that passed unanimously.
Adult Care Home Community Advisory Committee
Robin Dawn America was appointed to serve on this committee for a term of one (1) year
term expiring August 31, 2020.
Dangerous Dog Committee
Janet Batker was reappointed to serve on this board for a term of three (3) years expiring
July 31, 2022.
Harnett County District H Tourism Authority
Ken Adelberg was appointed as Chair of this Authority.
Jury Commission
Edith Cox was reappointed to serve on this commission for a term of two (2) years
expiring June 30, 2021.
Nonprofit Funding Committee
Boris Garrett was reappointed to serve as a District 3 representative on this committee for
a term of three years expiring August 31, 2022.
Commissioner Johnson moved to approve the revised list of boards and committees on which
commissioners serve. Commissioner McKoy seconded the motion that passed unanimously.
Mrs. Stewart presented #80b Budget Amendment in the amount of $44,527 to amend the Erwin
Elementary School Project Fund. Staff explained this would modify the way the money is spent;
to increase the professional services line for the Erwin Elementary Project to cover actual
contract cost of architect and to increase $5,000 worth of reimbursables. Vice Chairman Penny
moved to approve the budget amendment as presented. Commissioner Miller seconded the
motion that passed unanimously.
President Alvin McArtan and member Donald Thomas presented the Sandhills Antique Farm
Equipment Club annual report. Sandhills Antique Farm Equipment Club is a 501(C)3 tax-
exempt corporation that leases land from the County. The Club's mission is to preserve southern
agricultural heritage through restoration and display of antique farm equipment at work, and to
provide fun and educational family activities for North Carolinians of all ages.
August 19, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 3 of 9
Mr. Thomas reported on the activities at the Sandhills Farm Park as well as Club activities and
community involvement. The Club also hosts Ag Science Field Days four times a year for all
Harnett County 5th graders.
Mark Locklear, Director of Development Services, petitioned the Board for a public hearing on
the proposed zoning change Case # PLAN 1905-0002, Landowner/Applicant: Harriet Marshall
& Vivian Clark Chance, et al / Vivian Chance, Erwin McNeil, Harold Gilchrist, Thelene Smith,
Sharon Clark, Rita Clark, Doris Clark, & heirs; 12.31 -acre tract; Pin # 9594-25-5026; From
Commercial to RA -20R; NC 24/87; Anderson Creek Township. Per the application, the
Commercial property tax has become a burden to the owners. The Harnett County Planning
Board, on August 5, 2019, voted unanimously (5-0) to deny this request based on the need for
non-residential land and the idea that the owners will continue to attempt to sell this parcel for
Commercial development.
Mr. Locklear noted that staff had discussed other options, instead of trying to rezone the property
back to Residential, with the applicants. The applicants are now asking that their case be tabled
until next month so that they can explore the options presented to them and see if any are viable.
Chairman Springle called to order a public hearing on the matter and opened the meeting for
comments from the public. John Chance of 2619 Hwy 24-87 in Cameron, on behalf of the
applicants/family, said the family is in favor of tabling this case. Seeing no one else move,
Chairman Springle closed the public hearing. Commissioner Miller moved to table the requested
rezoning until September 16, 2019. Vice Chairman Penny seconded the motion that passed
unanimously.
Mr. Locklear petitioned the Board for a public hearing regarding the proposed zoning
change Case # PLAN 1906-0003, Landowner/Applicant: Christine G. Williams/ Christine G.
Williams; 3.32 acres; Pin # 0568-03-9311.000; From RA -20R & Industrial to Commercial &
RA -20R; US 401 South; Lillington Township.
Mr. Locklear noted the Harnett County Planning Board, during their August 5, 2019 meeting,
voted unanimously (5-0) to recommend approval of the application based on the parcel's history
of uses. He said one citizen voiced concerns about traffic & noise.
The site was home to the former C&G Club and a few other former establishments. It is
currently split -zoned, but if this request is approved a plat will be reviewed, then recorded to
create two (2) parcels; a 2.19 acre Commercial tract & a 1.12 acre RA -20R tract.
Surrounding land uses consist of individual single-family residences and several
nonresidential/Industrial uses. Located in the general vicinity are approximately 1,363 acres of
Industrial on 22 lots. 50 acres are occupied by Champion Home manufacturing facility.
Services available include Harnett County water and sewer.
Mr. Locklear stated staff's evaluation as:
- The IMPACT to the adjacent property owners and the surrounding community is
reasonable, and the benefits of the rezoning outweigh any potential inconvenience or
August 19, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 4 of 9
harm to the community. REASONING: The impact to the surrounding community is
reasonable, as there are several comparable uses and zoned parcels in the area.
The requested zoning district is COMPATIBLE with the existing Land Use
Classification. REASONING: The requested zoning district of RA -20R is compatible
with the existing land use classification of Ag & Rural Residential. The proposed
Commercial is compatible due to the area's similar uses as well as the public
infrastructure available.
The definition of Ag & Rural Residential refers to areas that "lack of utility and
transportation infrastructure." Public water & sewer is available and the site has direct
access to US 401. A Land Use map amendment would be appropriate to facilitate future
economic development endeavors.
The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The proposal does enhance or maintain the overall general welfare as the
requested rezoning districts are compatible with the parcel's history of uses as well as
being compatible with adjacent uses in the area.
The request is for a SMALL SCALE REZONING and should be evaluated for
reasonableness. REASONING: Due to the size of the tract this application does not have
to be evaluated for Small Scale Rezoning.
Suggested Statement -of -Consistency: Staff concludes that the requested rezoning to RA -20R
and Commercial is compatible with Harnett County regulatory documents and would not have an
unreasonable impact on the surrounding community based on the parcel's history of uses as well
as being compatible with adjacent uses in the area therefore it is recommended that this rezoning
request be approved.
Additionally, staff recommends a future Land Use map amendment to include an Employment
Mixed Use node for this area due to the presence of existing nonresidential uses and amount of
nonresidential -zoned parcels.
Chairman Springle called to order a public hearing on the matter and opened the meeting for
comments from the public. Seeing no one move, Chairman Springle closed the public hearing.
Vice Chairman Penny moved to approve the requested rezoning From RA -20R & Industrial to
Commercial & RA -20R as it is compatible with Harnett County regulatory documents and would
not have an unreasonable impact on the surrounding community based on the previous uses on
this parcel as well as the similar uses within the area. Commissioner McKoy seconded the
motion that passed unanimously.
Mr. Locklear petitioned the Board for a public hearing regarding the proposed zoning change
Case # PLAN 1906-0004, Landowner/Applicant: Forever Clean Portable Toilets, Inc; 6.16 +/-
acres; Pin # 0653-42-1702.000; From RA -20M to Light Industrial; US Hwy 401 North; Hector's
Creek Township.
Mr. Locklear reported that on August 5, 2019, the Harnett County Planning Board voted 5-0 to
recommend approval of this of the application based on the existing business as well as overall
compliance with the Land Use Plan. He said one citizen spoke in opposition stating issues
pertaining to lack of/improving buffering, safety concerns regarding traffic, noise due to the rock
August 19, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 5 of 9
crushing machine as well as the smell from pump trucks and holding tanks. He noted two
citizens had general comments/ questions, and three spoke in favor.
The site is currently occupied by an existing business. Staff noted this business received a
Conditional Use Permit for office and outdoor storage on December 12, 2016 however; the rock
crushing was outside of what the business was allowed to do. Area land uses include
Agricultural and Single family residential. There is also a commercial parcel within 1,500' and a
school within Y2 mile. Services available include Harnett County public water and private septic
tank.
Mr. Locklear stated staffs evaluation as:
The IMPACT to the adjacent property owners and the surrounding community is
reasonable, and the benefits of the rezoning outweigh any potential inconvenience or
harm to the community. REASONING: The impact to the surrounding community is
reasonable, as the requested zoning district is compatible with nonresidential growth
patterns if this area and the County's Land Use Plan.
The requested zoning district is COMPATIBLE with the existing Land Use
Classification. REASONING: The requested zoning to Light Industrial is compatible
with the overall land use classification of Employment Mixed Use, as well as within the
Compatibility Development Target area. Per the County's Land Use Plan Employment
Mixed Use areas "are located along major thoroughfares and include prime locations for
economic development opportunities".
The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The requested rezoning enhance or maintain the public health, safety and
general welfare due to the longevity of the business, its potential growth as well as
potential site improvements that could take place.
The request is for a SMALL SCALE REZONING and should be evaluated for
reasonableness. REASONING: Due to the size of this parcel and Land Use classification,
this application does not need to be considered for Small Scale Rezoning.
Suggested Statement -of -Consistency: Staff concludes that the requested rezoning to Light
Industrial would not have an unreasonable impact on the surrounding community based on the
nonresidential growth patterns of this area as well as compliance with the County's Land Use
Plan. Therefore, it is recommended that this rezoning request be approved.
Chairman Springle called to order a public hearing on the matter and opened the meeting for
comments from the public.
Scott Tart, the applicant, spoke in favor of the requested rezoning.
Beverly Johnson of 7303 US 401 N Fuquay-Varina, spoke in opposition of the requested
rezoning.
Ricky Temple of 111 Tasha Lane in Fuquay-Varina spoke in favor of the requested
rezoning.
Benjamin Osbun of 7139 US 401 N Fuquay-Varina, did not oppose the rezoning but
shared issues with crushed rock and drainage encroaching on his property.
Seeing no one else move, Chairman Springle closed the public hearing.
August 19, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 6 of 9
Mr. Locklear said if this property is rezoned Light Industrial then the applicant will be required
to revise his site plan to include his new operation on the site, which would include some
additional buffering and maybe they could address some of the issues that came up tonight. Mr.
Locklear also reminded the Board there are many uses allowed within Light Industrial.
Vice Chairman Penny moved to approve the requested rezoning to Light Industrial as it is
compatible with Harnett County regulatory documents and would not have an unreasonable
impact on the surrounding community based on the nonresidential growth patterns of this area as
well as compliance with the County's Land Use Plan. Commissioner Johnson seconded the
motion that passed 4 to 1 with Commissioner McKoy opposing.
Mrs. Stewart petitioned the Board for a public hearing regarding the Harnett County Board of
Commissioners intent:
(1) To enter into an installment financing contract in an amount not to exceed $25,000,000
(the "Contract") to finance the acquisition, construction and equipping of a new
Government Services Complex (the "Project"); and
(2) To execute and deliver a deed of trust, security agreement and fixture filing (the "Deed of
Trust") related to the County's fee simple interest in the Project, together with the
improvements thereon (collectively, the "Mortgaged Property"), as may be required by the
entity providing the funds to the County under the Contract.
This Project will be located at 455 McKinney Parkway, Lillington, North Carolina.
The Contract and the Deed of Trust permit the County to enter into amendments to finance
additional projects using the Mortgaged Property as collateral and to refinance projects, and the
County may or may not grant additional collateral in connection with such amendments. On the
County's payment of all installment payments due under the Contract, the Deed of Trust and any
lien created thereunder would terminate and the County's title to The Mortgaged Property would
be unencumbered.
Mrs. Stewart explained that approval of this resolution would be the final approval required for
issuing the Limited Obligational Bonds for the Government Services Complex. She said the
proposed resolution approves the issuance of the bonds, the financing team, the directors of the
Harnett County Public Facilities Corporation, the use of the Governmental Services Complex as
collateral, the bond offering, and legal documents that have been drafted. Mrs. Stewart reviewed
the financing schedule.
Chairman Springle called to order a public hearing on the matter and opened the meeting for
comments from the public. Seeing no one move, Chairman Springle closed the public hearing.
Chairman Springle 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 Penny seconded the motion that passed 4 —1
with Commissioner Miller opposing. (Attachment 1)
August 19, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 7 of 9
Assistant County Manager Coley Price petitioned the Board for a public hearing concerning the
following economic development appropriations:
(1) 2019-2020 County membership with the Research Triangle Regional Partnership with
membership dues in the amount of $37,719.00.
(2) Harnett County's grant participation match of 5% ($25,000.00) for the Building Reuse
Grant in the amount of $500,000.00 for the benefit of Praxan, LLC from the North Carolina
Department of Commerce Rural Economic Development Division.
(3) Harnett County's grant participation match of 50% ($100,000.00) for the One North
Carolina Fund Grant in the amount of $200,000 for the benefit of Krigen Pharmaceuticals,
LLC from the North Carolina Department of Commerce. This grant shall be used for the
installation or purchase of equipment and building renovations or structural repairs at the
manufacturing facility.
Chairman Springle called to order a public hearing on the matter and opened the meeting for
comments from the public. Seeing no one move, Chairman Springle closed the public hearing.
Vice Chairman Penny moved to approve $37,719.00 for 2019-2020 County membership with the
Research Triangle Regional Partnership. Commissioner McKoy seconded the motion that
passed 4 —1 with Commissioner Miller opposing.
Commissioner Miller moved to approve Harnett County's grant participation match of 5%
($25,000.00) for the Building Reuse Grant from the North Carolina Department of Commerce
Rural Economic Development Division for the benefit of Praxan, LLC. Commissioner McKoy
seconded the motion that passed unanimously.
Commissioner Miller moved to approve Harnett County's grant participation match of 50%
($100,000.00) for the One North Carolina Fund Grant for the benefit of Krigen Pharmaceuticals,
LLC from the North Carolina Department of Commerce. Commissioner McKoy seconded the
motion that passed unanimously.
Commissioner McKoy moved to accept the Building Reuse Grant in the amount of $500,000.00
for the benefit of Praxan, LLC from the North Carolina Department of Commerce Rural
Economic Development Division. This grant shall be used for the upfitting, renovation, and
reuse of that manufacturing facility building located at 800 Edwards Brothers Drive, Lillington,
NC 27546, which shall be leased to Krigen Pharmaceuticals, LLC for the establishment and
operation of a pharmaceutical parenteral manufacturing facility. Harnett County's grant
participation match is 5% ($25,000.00). Commissioner Miller seconded the motion that passed
unanimously.
Harnett County Emergency Services Director Larry Smith requested approval to amend the
Harnett County Fire Prevention Ordinance to adopt the 2018 edition of the North Carolina State
Building Code: Fire Prevention Code 2015 IFC with North Carolina Amendments (excluding
appendices A -J). Vice Chairman Penny moved to approval of the Harnett County Fire
Prevention Ordinance amendment as presented. Commissioner Johnson seconded the motion
that passed unanimously. (Attachment 2)
August 19, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 8 of 9
Harnett County Assistant County Manager Brian Haney reviewed the proposed lease agreements
for the renovated Shawtown facility. Staff noticed in the Daily Record on Friday, July 19, 2019
details regarding the Harnett County Board of Commissioner's intent to enter into lease
agreements for the county -owned properties at the former Shawtown School campus located at
the intersection of Shawtown Road and Irene Roberts Road in Lillington, North Carolina. Staff
requested approval of the following lease agreements:
1) A three (3) year lease agreement with Boys & Girls Club of Central Carolina for Suites
112,114,116 and 117 at 645 Shawtown Road, Lillington, NC.
2) A three (3) year lease agreement with Re -Entry for Suites 202, 204, and 206 at 645
Shawtown Road, Lillington, NC.
3) A one (1) year lease agreement with Harnett United Police Activities League for Suites
103, 105, 113 and 115 at 645 Shawtown Road, Lillington, NC.
Commissioner Miller moved to approve the three lease agreements as presented. Commissioner
McKoy seconded the motion that passed unanimously.
Vice Chairman Penny moved to table the following two lease agreements to allow for further
discussion:
1) A one (1) year lease agreement with Johnston -Lee -Harnett Community Action for Suite
101 at 252 Irene Roberts Road, Lillington, NC.
2) A one (1) year lease agreement with Shawtown Alumni Association for Suite 100 at 252
Irene Roberts Road, Lillington, NC.
Commissioner Miller seconded the motion, which passed unanimously.
Mrs. Stewart presented the following reports:
- Harnett County Public Health Activities Summary — June 2019
- NC Total Retirement Plans Contribution -Based Benefit Cap Report
- Interdepartmental Budget Amendments
There was no new business.
There was no need for closed session.
Vice Chairman Penny moved to adjourn the meeting at 7:17 pm. Commissioner McKoy
sec• ded the motion, which passed un.
+
avr¢.� srd�P,
v
August 19, 2019 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 9 of 9
ATTACHMENT 1
EXTRACTS FROM MINUTES OF THE BOARD OF COMMISSIONERS
A regular meeting of the Board of Commissioners (the "Board") of the County of Harnett, North
Carolina (the "County") was held on Monday, August 19, 2019, at 6:00 p.m. in the County
Commissioners' Meeting Room, Harnett County Administration Building, 420 McKinney Parkway,
Lillington, North Carolina, Gordon Springle, Chairman of the Board presiding and the following
Commissioners present:
Howard Penny, Vice Chairman
Mark B. Johnson, Commissioner
Barbara McKoy, Commissioner
Joe Miller, Commissioner
The following members were absent:
Paula Stewart, County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
The Finance Officer of the County of Harnett, North Carolina (the "County") reported to the
Board of Commissioners of the County (the "Board") that notice of a public hearing was published on
July 31, 2019, stating that the Board would hold a public hearing at 6:00 p.m. on August 19, 2019 to
receive public comments on the proposed execution and delivery by the County of (1) an installment
financing contract in a principal amount not to exceed $25,000,000 (the "Contract"), the proceeds of
which would be used to finance the acquisition, construction and equipping of a new Government
Services Complex (the "Project"), and (2) a deed of trust, security agreement and fixture filing (the "Deed
of Trust") under which the County would grant a lien on the County's fee simple interest in the real
property on which the Project will be located, together with the improvements thereon, as may be
required for the benefit of the entity providing the funds to the County under the Contract.
The Chairman of the Board then announced that the Board would hear anyone who wished to be
heard on the questions of the proposed Contract, the Deed of Trust and the Project to be financed thereby.
[No one spoke at the public hearing.]
After the closing of the public hearing, Chairman Springle moved that the following resolution,
copies of which having been made available to the Board of Commissioners, be adopted, by reading the
title thereof (further reading waived without objection):
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 determined
that it is in the best interest of the County to enter into an Installment Financing Contract dated as of
October 1, 2019 (the "Contract") with the Harnett County Public Facilities Corporation
(the "Corporation") in order to (1) finance the acquisition, construction and equipping of a new
Government Services Complex (the "Project"), and (2) pay certain costs incurred in connection with the
execution and delivery of the Project;
WHEREAS, to secure its obligations under the Contract, the County will execute and deliver a
Deed of Trust, Security Agreement and Fixture Filing dated as of October 1, 2019 (the "Deed of Trust"),
granting a lien on the County's fee simple interest in the real property on which the Project will be
located, together with the improvements thereon;
WHEREAS, the Corporation will execute and deliver an aggregate principal amount not to exceed
$25,000,000 of its Limited Obligation Bonds (collectively, the "Bonds"), each 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 PNC Capital Markets LLC and Robert W.
Baird & Co. Incorporated (the "Underwriters"), the Corporation will enter into a Contract of Purchase to
be dated on or about September 27, 2019 (the "Purchase Contract") between the Corporation and the
Underwriters relating to the Bonds, and the County will execute a Letter of Representation to the
Underwriters (the "Letter of Representation");
WHEREAS, there have been described to the Board the forms 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;
PPAB 5045568v2
(2) the Deed of Trust;
(3) an Indenture of Trust dated as of October 1, 2019 (the "Indenture")
between the Corporation and U.S. Bank National Association, as trustee; and
(3) the Purchase Contract and the Letter of Representation.
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 is in an
appropriate form and is an appropriate instrument for the purposes intended;
WHEREAS, the Board has conducted a public hearing on this date 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
County Attorney and their respective designees, whether previously or hereinafter taken, in effectuating
the proposed fmancing 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
County Manager and the 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
Project 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 form and content of the Contract are hereby in all respects
authorized, approved and confirmed, and the Chairman, the Clerk, the County Manager and the Finance
Officer 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 and the Finance
Officer are hereby authorized, empowered and directed, individually and collectively, to do all such acts
PPAB 5045568v2
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 Deed of Trust. The County approves the form and
content of the Deed of Trust, and the Deed of Trust is in all respects authorized, approved and confirmed.
The Chairman, the Clerk, the County Manager, the Finance Officer and their respective designees are
hereby authorized, empowered and directed, individually and collectively, to execute and deliver the
Deed of Trust, including necessary counterparts, in substantially the form and content of the Deed of
Trust 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 Deed of Trust presented to the Board. From and after the execution and delivery of the
Deed of Trust, the Chairman, the Clerk, the County Manager and the 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 Deed
of Trust as executed.
Section 5. Purchase Contract and Letter of Representation. The form and content of the
Purchase Contract are hereby approved in all respects, and the County Manager and the Finance Officer
are hereby authorized, empowered and directed, individually and collectively, to execute and deliver the
Letter of Representation, including necessary counterparts, in substantially the form and content of the
Letter of Representation 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 Letter of Representation presented to the Board.
From and after the execution and delivery of the Letter of Representation, the County Manager and the
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 Letter of Representation as executed.
Section 6. County Representative. The Chairman, the County Manager and the 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 and the 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 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.
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.
PPA(3 5045568v2
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 Chairman Springle, and seconded by Vice Chairman Penny, 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: 4
NAYS: 1
PPAB 5045568v2
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 meeting held on the 19th day of August, 2019.
WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 19'
day of August, 2019.
[SEAL]
PPAB 5045568v2
RR RE R GIN A HEELER
Cler' to the Board
Cou ty of Harnett, orth Carolina
ATTACHMENT 2
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
AN ORDINANCE AMENDING HARNETT COUNTY FIRE PREVENTION ORDINANCE
ALLOWING AMENDMENTS TO THE HARNETT COUNTY FIRE PREVENTION
ORDINANCE AS AMENDMENTS ARE PROPOSED AND ADOPTED FROM TIME TO
TIME BY THE NATIONAL FIRE PREVENTION CODE AND THE NORTH CAROLINA
STATE BUILDING CODE AND FEE SCHEDULE
WHEREAS, The Board of Commissioners ordained on September 24, 1991 the Harnett
County Fire Prevention Ordinance and amended the ordinance dated February 1, 1993, July
21, 1997 and October 20, 2014; and
WHEREAS, the State of North Carolina has made various revisions to Volume 5 of the
North Carolina State Building Code; and
WHEREAS, County of Harnett desires to incorporate those revisions into the Harnett
County Fire Prevention Code Ordinance and allow amendments to the Harnett County Fire
Prevention Ordinance as amendments are proposed and adopted from time to time by the
National Fire Prevention Code and the North Carolina State Building Code; and
NOW, THEREFORE, BE IT ORDAINED:
THAT Section 1 of the Harnett County Fire Prevention Ordinance be amended as follows`
Strike: "NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS
OF HARNETT COUNTY NORTH CAROLINA in regular session on September 24, 1991, that
the following code, its references or appendices is adopted by reference as though it was
copied herein fully:
North Carolina State Building Code Volume 5 Entitled Fire Prevention — 1988 Standard
Fire Prevention Code with North Carolina Amendments."
Replace with: "NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COMMISSIONERS OF HARNETT COUNTY NORTH CAROLINA in regular session August 19,
2019 that this Ordinance shall be known as the Harnett County Fire Prevention Ordinance.
This Ordinance adopts the 2018 edition of the North Carolina State Building Code: Fire
Prevention Code 2015 IFC with North Carolina Amendments (excluding appendices A -J), and
any future Fire Prevention Codes as amended from time to time by the North Carolina State
Building Code Board. This Code (excluding appendices A -J) is hereby adopted and
incorporated as fully set out at length herein. The provisions thereof shall be controlling within
the limits of Harnett County including municipalities for which Harnett County provides fire
inspection services by contract agreement."
THAT Section 5 of the Harnett County Fire Prevention Ordinance be amended as follows:
Strike: enumerated fee schedule
Replace with: "The Harnett County Board of Commissioners shall establish fees for permits,
inspections, certificates, approvals, and other functions performed pursuant to the Harnett
County Fire Prevention Ordinance, as the Harnett County Board of Commissioners deem
necessary."
Duly adopted this the 19th day of August, 2019.
Gordon Sprin le h it an
Harnett County Boa of Commissioners
ATTEST:
AAj2 _
heeler, Clerk