072020mHARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
July 20, 2020
The Harnett County Board of Commissioners met in regular session on Monday, July 20, 2020,
in the Commissioners Meeting Room, County Administration Building, 420 McKinney
Parkway, Lillington, North Carolina. Due to COVID-19 this meeting was open to a limited
number of the public to attend in person, wearing required face coverings and maintaining the
recommended social distancing of six feet, as the Board and staff continued to demonstrate
compliance with State law and prudent public health practices. Citizens and staff were also
provided options for listening to the meeting live.
Members present:
Staff present:
Howard Penny, Jr., Chairman
Joe Miller, Vice Chairman
Mark B. Johnson, Commissioner
Barbara McKoy, Commissioner
Gordon Springle, Commissioner
Paula Stewart, County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
Chairman Penny called the meeting to order at 6:00 pm. Commissioner Barbara McKoy led the
Pledge of Allegiance and Invocation.
Chairman Penny called for any additions or deletions to the published agenda. Mrs. Stewart
requested to add for consideration the following:
1) #394 Budget Amendment for $12,696 to budget the award of EMPG-S COVID-19
related supplemental money;
2) #610 Budget Amendment for $193,671 to budget the transfer of funds for the initial
DHS CARES payment for medical service providers;
3) The Board of Election's request for approval to accept CARES Act funds in the
amount of $136,005. These funds will be used to prevent, prepare for, and respond to
the coronavirus pandemic during the 2020 federal election cycle; and
4) The Board of Election's request for approval to accept HAVA funds through a
reimbursement process in the amount of $10,000 - $250,000, depending on available
funding. These funds will be used to prevent, prepare for, and respond to the
coronavirus pandemic during the 2020 federal election cycle.
Vice Chairman Miller moved to approve the agenda as amended. Commissioner Springle
seconded the motion that passed unanimously.
July 20, 2020 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 1 of 8
Commissioner Springle moved to approve items on the consent agenda. Commissioner McKoy
seconded the motion, which passed unanimously.
1. Minutes: June 30, 2020 Special Session
July 6, 2020 Regular Meeting
2. Budget Amendments:
257 Health Department
Code 1105110 523030
1105110 523040
1105110 524030
1105110 532030
1105110 532070
1105110 582000
1105110 330210
288 Library
Code 1106170 555000
1106170 330210
1103900 390985
291 Library
Code 5006170 555000
5009800 598100
347 Health Department
Code 1105110 519090
1105110 532050
1105110 532070
1105110 532030
1105110 526010
1105110 587000
1105110 532010
1105110 531050
1105110 504010
1105110 502010
1105110 503030
1105110 505010
1105110 507010
1105110 505050
1105110 330210
Public Safety Supplies
Medical Supplies
M & R Supplies — Infotech
Cellular Service
Internet Service
Non -Cap Asset — Small
Federal
560 increase
4,200 increase
4,185 increase
290 increase
138 increase
829 increase
10,202 increase
Capital Outlay — Equipment 99,872 increase
Federal 74,904 increase
Transfer from Capital Reserve 24,968 increase
Capital Outlay — Equipment
Interfund Transfer — General
Other
Postage
Internet Service
Cellular Service
Office Supplies
Non -Cap Asset Office
Telephone Service
Training — Registration
Expense Allowance
Salaries & Wages
401k — General
FICA WH
Unemployment Insurance
State Retirement
Federal
24,968 decrease
24,968 increase
19,150 increase
1,650 increase
420 increase
340 increase
2,775 increase
2,225 increase
150 increase
200 increase
500 increase
1,091 increase
22 increase
83 increase
6 increase
98 increase
28,710 increase
July 20, 2020 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 2 of 8
389 Information Technology Department
Code 8909420 532010
8909420 532030
8909420 532070
8909420 533040
8909420 543010
8909420 543090
8903500 350410
Telephone Service
Cellular Service
Internet Service
Cable/Satellite
Rental — Copiers
Rental — Other Equipment
Service Charges
394 Emergency Services (ADD-ON)
Code 1104411 529090 Emergency Supplies
1104411 330210 Federal
610 Emergency Medical Services (ADD-ON)
Code 2908901 502070 Salaries & Wages — Special
2908901 529090 Emergency Supplies
2908901 557000 Capital Outlay — Vehicles
2908901 583000 Non -Cap Asset — Large
3. Tax rebates, refunds and releases
127,800 increase
108,900 increase
149,000 increase
12,300 increase
113,400 increase
23,820 increase
535,220 increase
12,696 increase
12,696 increase
95,500 increase
14,382 increase
46,762 increase
37,027 increase
4. Harnett County Economic Development Council requested approval of amended bylaws
clarifying board composition.
5. Harnett County Finance Officer requested approval of the Post -Issuance Compliance
Policies & Procedures for Complying with Continuing Disclosure Obligations.
Governments that issue publicly traded debt have an obligation to meet continuing
disclosure requirements that are identified specifically in a continuing disclosure
agreement which are entered into at the time of bond issuance pursuant to SEC Rule
15c2-12. To ensure compliance, units of local government are encouraged to establish
written policies and procedures to comply with post -issuance and ongoing requirements
of the agreements.
6. Harnett County Health Director requested approval to establish CPT CODE LAB 87635
COVID19 Test for $51.31.
7. Harnett County Health Department requested approval to accept COVID-19 funds in the
amount of $10,202 from the Division of Public Health (DPH) for response to the
COVID19 pandemic. These funds have been allocated to purchase laptops, sneeze
shields, safety gates, hemoglobin lab equipment, wireless headsets and Verizon MiFi
and cell phones. These funds must be utilized prior to September 30, 2020.
8. Harnett County Health Director requested approval to accept additional WIC Client
Services and WIC Breastfeeding Peer funds in the amount of $28,710 from the N.C.
Division of Public Health based on caseload allocation.
July 20, 2020 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 3 of 8
9. Harnett County Emergency Services requested the adoption of the Statewide Mutual Aid
Agreement between Harnett County and NC Emergency Management. The Statewide
Agreement has been revised to broaden the scope of disasters covered under the
agreement. This document is the template for mutual aid response between the County
and NC Emergency Management and is required to receive Emergency Management
Planning Grant Funds from the federal government.
10. Harnett Regional Water requested approval of write-offs for the 1St quarter of 2020
totaling $21,462.01. All of these accounts have been delinquent for more than three
years. The facilitation of these write-offs is an important step in a continuing effort to
effectively manage collections and bad debt.
11. Administration, on behalf of multiple County departments, requested approval to accept
$712,471 in funding provided through the Mid -Carolina COG Home and Community
Care Block Grant as well as approval of the County Summary and Agreement for the
Provision of County -Based Aging Services.
12. ADD-ON Harnett County Board of Elections requested approval to accept CARES Act
funds in the amount of $136,005. These funds will be used to prevent, prepare for, and
respond to the coronavirus pandemic during the 2020 federal election cycle, and
13. ADD-ON Harnett County Board of Elections requested approval to accept HAVA funds
through a reimbursement process in the amount of $10,000 - $250,000, depending on
available funding. These funds will be used to prevent, prepare for, and respond to the
coronavirus pandemic during the 2020 federal election cycle.
Chairman Penny opened the meeting for informal comments by the public, allowing up to 3
minutes for each presentation up to 30 minutes. Citizens were allowed to speak in person, call in
and provide their public comments verbally during this period or submit their public comments
in writing prior to the meeting to be read aloud during the meeting as time allowed. No written
public comments were received and the following citizens addressed the Board in person:
Alan Longman of 234 Hamilton Road in Bunnlevel
Rose Teniente of 179 Tilden Howington Drive in Lillington
Elizabeth Crudup of 234 Hamilton Road in Bunnlevel
Donna McGhie and Angela Thompson, spoke on behalf of their mother Betty
Brewington, who lives at 521 Wild Plum Lane in Sanford.
There were no appointments.
Jay Sikes, Manager of Planning Services, petitioned the Board for a public hearing regarding the
proposed rezoning: Case # PLAN 2004-0002 & PLAN 2004-0003, Landowner/Applicant:
Omega X, LLC; 14.75 +/- acres (out of 68.64 acres total); Out of Pin #'s 0513-69-2523.000 &
0513-68-5465.000; From Commercial to RA -20M; Intersection of SR # 1121 (Ray Road) &
July 20, 2020 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 4 of 8
SR# 1124 (Rambeaut Road); Anderson Creek Township. Mr. Sikes noted that the site is
primarily undeveloped but an automobile related business was on one of the parcels but all will
be removed soon. He said the previous owner zoned this portion to Commercial in 2011. Mr.
Sikes reported that surrounding land uses consist of individual single-family residences
vacant/undeveloped and a few businesses, also single family residential uses that consist of stick -
built & manufactured homes. Services available include Harnett County public water and sewer.
Mr. Sikes stated that on July 6, 2020, the Harnett County Planning Board voted unanimously (5-
0) to recommend approval of application based on compatibility to the Land Use Plan and due to
the existing residential uses in the area. He said no one spoke in opposition.
Mr. Sikes 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
harm to the community. REASONING: The impact to the surrounding community is
reasonable, as the requested zoning district is same as adjacent properties.
The requested zoning district is COMPATIBLE with the existing Land Use
Classification. REASONING: The requested zoning is compatible with the overall land
use classification of Medium Density Residential. MDR could have a mixed residential
base with lot sizes where public utilities are planned and utilized.
The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The requested zoning to RA -20M would maintain the public health, safety
and general welfare due to the existing residential uses within the area.
The request is for a SMALL SCALE REZONING and should be evaluated for
reasonableness. REASONING: Due to the total size of the tracts, this application does not
have to be evaluated for a Small Scale Rezoning.
Suggested Statement -of -Consistency: Staff concludes that the requested rezoning to RA -20M is
compatible with the County's Land Use and would not harm the surrounding community based
on the existing residential uses. It is recommended that this rezoning request be approved.
Chairman Penny called to order a public hearing on the matter and opened the meeting for
comments from the public. Citizens were allowed to speak in person or were allowed to submit
their comments regarding the proposed rezoning in writing prior to the meeting or to call in and
provide their comments verbally during the meeting.
- Wayne Etwoski, the applicant, said these would be single-family homes on 20,000 plus
square foot lots.
Seeing no one else move and hearing no one speak, and having received no written comments,
Chairman Penny closed the public hearing. Commissioner Springle moved to approve the
requested rezoning to RA -20M as it would not have an unreasonable impact on the surrounding
community based on the adjacent residential uses, residential zoning, as well as the County's
Land Use Plan designation for this area. Vice Chairman Miller seconded the motion that passed
unanimously.
July 20, 2020 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 5 of 8
Mr. Sikes petitioned the Board for a public hearing regarding the proposed Rezoning: Case #
PLAN 2006-0001, Landowner/Applicant: Larkin Rufus Crissman & Dorothy Crissman / Arlene
Buchanan Crissman's Heirs; 5.3 +/- acres (out of 14.5 acres total); Out of Pin # 9691-73-
3505.000; From Commercial to RA -30; US Hwy 421 North; Upper Little River Township. Mr.
Sikes noted the larger parcel is currently occupied by an older home; the area to be rezoned is
vacant with surrounding land uses being farmland and residential uses. Services available
include Harnett County public water and private septic tank. Mr. Sikes stated that on July 6,
2020, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of
application based on compatibility to the Land Use Plan and due to the existing residential uses
in the area. No one spoke in opposition.
Mr. Sikes 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 requested rezoning change to RA -30 will not
have a negative impact on the surrounding properties or the community as it is similar in
nature to the existing, adjacent zoning district.
The requested zoning district is COMPATIBLE with the existing Land Use
Classification. REASONING: The requested zoning to RA -30 is compatible with the land
use classification of Agricultural & Rural Residential. These are primarily agricultural
areas and located outside of existing and future sewer service areas.
The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The requested zoning to RA -30 would maintain the public health, safety
and general welfare due to the existing residential uses within the area.
The request is for a SMALL SCALE REZONING and should be evaluated for
reasonableness. REASONING: The request does not need to be evaluated for a Small
Scale Rezoning due to the property's size as well as it being adjacent to the proposed
zoning district.
Suggested Statement -of -Consistency: Staff concludes that the requested rezoning to RA -30
would not have an unreasonable impact on the surrounding community due to adjacent zoning
and compatibility with the Harnett County's Land Use Plan. It is recommended that this
rezoning request be approved.
Chairman Penny called to order a public hearing on the matter and opened the meeting for
comments from the public. Citizens could speak in person or were allowed to submit their
comments regarding the proposed budget in writing prior to the meeting or to call in and provide
their comments verbally during the meeting.
- Dorothy Crissman, applicant, spoke in favor of the proposed rezoning.
Seeing no one else move and hearing no one speak, and having received no written comments,
Chairman Penny closed the public hearing. Commissioner Springle moved to approve the
requested rezoning to RA -30 as it would not have an unreasonable impact on the surrounding
community due to adjacent residential zoning and compatibility with the Harnett County Land
Use Plan. Commissioner Johnson seconded the motion that passed unanimously,
July 20, 2020 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 6 of 8
Mrs. Honeycutt presented for consideration a Resolution Authorizing the Execution and Delivery
of a County Installment Financing Obligation and Providing for Certain Other Related Matters
Thereto. Mrs. Honeycutt briefly explained that the findings resolution before the Board lists the
10 installment financing debt obligations that have been identified to refinance for lower rates.
Mrs. Honeycutt said this would not change the terms of the debts themselves but would enable
the County to save in excess of $3 Million over the terms. Commissioner McKoy moved to
approve the Resolution Authorizing the Execution and Delivery of a County Installment
Financing Obligation and Providing for Certain Other Related Matters Thereto. Commissioner
Springle seconded the motion that passed unanimously. (Attachment 1)
Chairman Penny called to order a public hearing regarding the Harnett County Board of
Commissioner's intent to enter into an installment financing contract with the Harnett County
Public Facilities Corporation in an amount not to exceed $90,000,000 (the "Contract") to
refinance all or a portion of the County's payment obligations and opened the meeting for
comments from the public. Citizens could address the Board in person but were also encouraged
to submit their comments regarding the matter in writing prior to the meeting or to call in and
provide their comments verbally during the meeting.
- Elizabeth Crudup of 234 Hamilton Road in Bunnlevel requested clarification regarding
the Harnett County Public Facilities Corporation.
Seeing no one else move and hearing no one speak, and having received no written comments,
Chairman Penny closed the public hearing. Commissioners will consider an approving resolution
that officially authorizes this refinancing on August 3, 2020.
Tax Administrator Bill Tyson noted that the Tax Department has done a required audit of
taxpayers receiving tax relief through Elderly/Disabled and Disabled Veteran's exclusions. He
said they have identified a number of deceased taxpayers whose exemptions have expired, some
going back a number of years. Mr. Tyson stated that NC General Statute 105-312 provides a
way to address these inappropriately applied exclusions, with a five-year limitation for looking
back at misapplied exclusions, with penalties associated with this discovery. He noted that the
inappropriately applied exclusions have been corrected for 2020. Mr. Tyson responded that the
Tax Department would work with taxpayers to repay the inappropriately applied exclusions if
that is the Board's wishes. Commissioner Springle moved to forgive the inappropriately applied
exclusions, to start with the 2020 tax year and moving forward since we have a process in place
now. Vice Chairman Miller seconded the motion that passed unanimously.
Harnett County Health Director John Rouse and Harnett County Emergency Services Director
Larry Smith provided an update on COVID-19 and preparedness in the county.
July 20, 2020 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 7 of 8
Ms. Stewart presented the following reports:
Harnett County Annual Employee Turnover Report
Public Health Activities Summary — June 2020
NC Department of State Treasurer Retirement Systems Division
Contribution -Based Benefit Cap Report
Interdepartmental budget amendments
There was no new business.
Commissioner McKoy moved to go into closed session to discuss certain economic development
matters. This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(3).
Commissioner Springle seconded the motion which passed unanimously.
Commissioner Springle moved that the Board come out of closed session. Vice Chairman Miller
seconded the motion which passed unanimously.
Commissioner Springle moved to adjourn the meeting at 7:18 pm. Vice Chairman Miller
seconded the motion which passed unanimousl
ar0 Penny, Jr., Chairm • ;�*�'Y r . g : r: Regina W e - ler, Clerk
July 20, 2020 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 8 of 8
ATTACHMENT 1
EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS
*
A regular meeting of the Board of Commissioners (the "Board") of the County of Harnett, North
Carolina (the "County") was held via electronic means on Monday, July 20, 2020, at 6:00 p.m., Howard
L. Penny, Chairman of the Board presiding and the following Commissioners present:
Joe Miller, Vice Chairman
Mark B. Johnson, Commissioner
Gordon Springle, Commissioner
Barbara McKoy, Commissioner
Commissioners absent: N/A
Also present:
Paula Stewart, County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
Commissioner Barbara McKoy moved that the following resolution (the "Resolution"), a copy of
which was available with the Board and which was read by title, be adopted:
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT,
NORTH CAROLINA, AUTHORIZING THE EXECUTION AND DELIVERY OF A COUNTY
INSTALLMENT FINANCING OBLIGATION AND PROVIDING FOR CERTAIN OTHER
RELATED MATTERS THERETO
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 finance
and refinance 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 Board of Commissioners of the County (the "Board") hereby determines that it is
in the best interests of the County to refinance all or a portion of the County's payment obligations under:
(a) an Installment Financing Contract dated as of November 1, 2010 (the
"2010 Contract") between the County and Bank of America, N.A., the successor to
which is Capital One Public Funding, LLC, the outstanding proceeds of which were used
to refinance the construction and equipping of Angier Elementary School;
(b) an Installment Financing Contract dated as of November 1, 2011 (the
"2011 Contract"), between the County and SunTrust Equipment Finance & Leasing
Corp., the proceeds of which were used to refinance (i) the construction and equipping of
Overhills High School and Lillington-Shawtown Elementary School and (ii) water and
sewer system improvements;
(c) an Installment Purchase Contract dated as of April 15, 2007, as
supplemented and amended by Amendment Number One to the Installment Purchase
Contract dated as of April 1, 2015 (as supplemented and amended, the "2015 Contract")
with Harnett County Public Facilities Corporation, the proceeds of which were used to
refinance (i) the construction, furnishing and equipping of Overhills Elementary School,
(ii) the construction, furnishing and equipping of a jail and law enforcement facility, (iii)
the construction of a gymnasium at Coats Elementary School, and (iv) the construction of
a solid waste transfer station;
(d) an Installment Financing Contract dated as of August 1, 2015 (the "2015
First Bank Contract") between the County and First Bank, the proceeds of which were
used to (i) refmance the acquisition, construction, renovation, equipping and furnishing of
the County's Agricultural Center and Animal Control Center, (ii) fmance various
improvements to the County's Public Works Facility, and (iii) finance the acquisition of
land;
(e) an Installment Financing Contract dated as of April 21, 2016 (the "2016
Contract" and, together with the 2010 Contract, the 2011 Contract, the 2015 Contract
and the 2015 First Bank Contract, the "Prior Contracts"), between the County and
Regions Capital Advantage, Inc., the proceeds of which were used to refinance (i) the
construction, furnishing and equipping of Boone Trail Elementary School and (ii) the
construction, furnishing and equipping of additions to Harnett Central High School,
Johnsonville Elementary School and Highland Elementary School;
(f) the County's Enterprise Systems Revenue Refunding Bond, Series 2015
(the "Revenue Bond"), issued pursuant to a General Trust Indenture dated as of May 15,
2007 and Series Indenture, Number 3 dated as of April 1, 2015, the proceeds of which
were used to refinance various water and sewer system improvements;
(g) the County's Special Obligation Bond, Series 2013 (the "Special
Obligation Bond") issued pursuant to a bond order duly adopted by the Board of the
County on December 17, 2012 and a bond resolution duly adopted by the Board on
December 17, 2012, the proceeds of which were used to (1) acquire, construct and install
a leachate collection system at the Dunn Erwin Landfill facility and (2) make certain
improvements to the facility's convenience center and transfer station; and
(h) three revolving loans with the State of North Carolina (together with the
Prior Contracts, the Revenue Bond and the Special Obligation Bond, the "Prior
Obligations"), the proceeds of which were applied to finance various water and sewer
system improvements;
WHEREAS, in order to accomplish the refinancing of the Prior Obligations, the County proposes
to (1) execute and deliver an installment financing contract (the "Contract") in an amount not to exceed
$90,000,000 and (2) enter into a deed of trust, security agreement and fixture filing (the "Deed of Trust")
related to the County's fee simple interest in one or more of the school facilities that were financed or
refinanced with the proceeds of the Prior Contracts, together with the improvements thereon;
PPAB 5707546v1
WHEREAS, the Board hereby determines that the refinancing of the Prior Obligations is essential
to the County's proper, efficient, and economic operation and to the general health and welfare of its
inhabitants and will provide an essential use and permit the County to carry out public functions that it is
authorized by law to perform;
WHEREAS, the Board hereby determines that entering into the Contract is necessary and
expedient for the County by virtue of the findings presented herein;
WHEREAS, the County hereby determines that the Contract will allow the County to refinance
the Prior Obligations at a favorable interest rate currently available in the financial marketplace and on
terms advantageous to the County;
WHEREAS, the County hereby determines that the estimated cost of refinancing the Prior
Obligations exceeds the amount that can be prudently raised from currently available appropriations,
unappropriated fund balances and non -voted bonds that could be issued by the County in the current fiscal
year pursuant to Article V, Section 4 of the Constitution of the State;
WHEREAS, although the cost of refinancing the Prior Obligations pursuant to the Contract is
expected to exceed the cost of refmancing the Prior Obligations pursuant to a bond financing for the same
undertaking, the County hereby determines that the cost of refmancing the Prior Obligations pursuant to
the Contract and the obligations of the County thereunder are preferable to a general obligation bond
financing or revenue bond fmancing for several reasons, including but not limited to the following: (1) the
cost of a special election necessary to approve a general obligation bond financing, as required by the
laws of the State, would result in the expenditure of significant funds; (2) the time required for a general
obligation bond election would cause an unnecessary delay which would thereby decrease the financial
benefits of refinancing the Prior Obligations; and (3) insufficient revenues are produced by the facilities
financed by the Prior Obligations so as to permit a revenue bond fmancing;
WHEREAS, the County has determined and hereby determines that the estimated cost of
refinancing the Prior Obligations pursuant to the Contract reasonably compares with an estimate of
similar costs under a bond financing for the same undertaking as a result of the fmdings delineated in the
above preambles;
WHEREAS, the County does not anticipate a future property tax increase to pay Installment
Payments falling due under the Contract;
WHEREAS, the sums to fall due under the Contract will be adequate but not excessive for its
proposed purpose;
WHEREAS, Parker Poe Adams & Bemstein LLP, as special counsel, will render an opinion to the
effect that entering into the Contract and the transactions contemplated thereby are authorized by law;
WHEREAS, no deficiency judgment may be rendered against the County in any action for its
breach of the Contract, and the taxing power of the County is not and may not be pledged in any way
directly or indirectly or contingently to secure any moneys due under the Contract;
WHEREAS, the County is not in default under any of its debt service obligations;
WHEREAS, the County's budget process and Annual Budget Ordinance are in compliance with
the Local Government Budget and Fiscal Control Act, and external auditors have determined that the
County has conformed with generally accepted accounting principles as applied to governmental units in
preparing its Annual Budget ordinance;
PPAB 5707546 v 1
WHEREAS, past audit reports of the County indicate that its debt management and contract
obligation payment policies have been carried out in strict compliance with the law, and the County has
not been censured by the North Carolina Local Government Commission (the "Commission"), external
auditors or any other regulatory agencies in connection with such debt management and contract
obligation payment policies;
WHEREAS, the County must obtain the Commission's approval to enter into the Contract;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS:
Section 1. Authorization to Negotiate the Contract. The County Manager, the Finance
Officer and their designees, with advice from the County Attorney and Special Counsel, are hereby
authorized and directed to negotiate on behalf of the County for the refinancing of the Prior Obligations a
Contract in a principal amount not to exceed $90,000,000, to be entered into in accordance with the
provisions of Section 160A-20 of the General Statutes of North Carolina. All actions of the County, the
County Manager, the Finance Officer, the Clerk to the Board, the County Attorney and their respective
designees, whether previously or hereinafter taken, in effectuating the proposed financing in a manner
consistent with this Resolution are hereby approved, ratified and authorized.
Section 2. Application to the Commission. The Finance Officer or her designee is hereby
directed to file with the Commission an application for its approval of the Contract and all relevant
transactions contemplated thereby on a form prescribed by the Commission and to state in such
application such facts and to attach thereto such exhibits regarding the County and its financial condition
as may be required by the Commission.
Section 3. Financing Team. The County Manager and the Finance Officer, with advice
from the County Attorney, are hereby authorized and directed to retain the assistance of Parker Poe
Adams & Bernstein LLP, as special counsel, and Davenport & Company LLC, as financial advisor.
Section 4. Repealer. All motions, orders, resolutions and parts thereof in conflict herewith
are hereby repealed.
Section 5. Effective Date. This Resolution is effective on the date of its adoption.
On motion of Commissioner Barbara McKoy, and seconded by Commissioner Gordon Springle,
the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY
OF HARNETT, NORTH CAROLINA, AUTHORIZING THE EXECUTION AND DELIVERY OF A COUNTY
INSTALLMENT FINANCING OBLIGATION AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS
THERETO" was duly adopted by the following vote:
AYES: 5
NAYS: 0
PPAB 5707546v1
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, AUTHORIZING THE EXECUTION AND DELIVERY OF A COUNTY INSTALLMENT FINANCING
OBLIGATION AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" adopted by the
Board of Commissioners of the County of Harnett, North Carolina, at a meeting held on the 20th day of
July, 2020.
WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 20th
day of July, 2020.
PPAB 5707546v3
MARG T REGINA ' HEELER
Clerk �� he Board
County of Harnett, North Carolina