072015mHARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
July 20, 2015
The Harnett County Board of Commissioners met in regular session on Monday, July 20, 2015,
in the Commissioners Meeting Room, County Administration Building, 102 East Front Street,
Lillington, North Carolina.
Members present:
Staff present:
Jim Burgin, Chairman
Gordon Springle, Vice Chairman
Abe Elmore, Commissioner
Barbara McKoy, Commissioner
Joe Miller, Commissioner
Joseph Jeffries, County Manager
Paula Stewart, Deputy County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
Chairman Burgin called the meeting to order at 7:00 pm. Commissioner Joe Miller led the pledge
of allegiance and invocation.
Chairman Burgin called for additions and deletions to the published agenda. Commissioner
Elmore moved to approve the agenda as presented. Vice Chairman Springle seconded the
motion which passed unanimously.
Commissioner Elmore moved to approve the following items listed on the consent agenda. Vice
Chairman Springle seconded the motion which passed unanimously.
1. Minutes: June 30, 2015 Special Meeting
2. Budget Amendments:
1 Cooperative Extension
Code 110-7310-465.33-45 Contracted Services
110-0000-533.73-10 Parents As Teachers
2 Cooperative Extension
Code 110-7398-465.36-05 CRD -Community Rural Development
110-0000-399.00-00 Fund Balance Appropriated
CRD Community Rural Development
14,688 increase
14,688 increase
500 increase
500 increase
July 20, 2015 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 1 of 4
5 Animal Services
Code 110-5500-420.30-04
110-5500-420.43-16
110-0000-334.65-01
110-0000-322.55-04
Professional Services
Repair & Maintenance — Equipment
Animal Control/Spray & Neuter
Animal Control/Spray & Neuter
3. Tax refunds, rebates and release (Attachment 1)
3,000 increase
1,500 increase
3,000 increase
1,500 increase
4. Resolution by the Harnett County Board of Commissioners in Support of North Carolina
Governor Pat McCrory's Connect NC Bond Proposal. (Attachment 2)
5. Resolution of the Board of Commissioners of the County of Harnett, North Carolina,
Approving an Installment Financing Contract and a Deed of Trust with Respect Thereto
and Delivery Thereof and Providing for Certain Other Related Matters. (Attachment 3)
Chairman Burgin opened the floor for informal comments by the public, allowing up to 3
minutes for each presentation up to 30 minutes.
- Cris Nystrom of 391 Center Lane in Bunnlevel addressed the Board
Commissioner Miller moved to approve the appointments listed below. Vice Chairman Springle
seconded the motion which passed unanimously.
Adult Care Home Community Advisory Committee
Madrian Bryan was appointed to serve on this committee for a term of one year expiring
September 30, 2016.
Eastern Carolina Regional Housing Authority
Yolanda Massey was appointed to serve on this Board.
Nursing Home Community Advisory Committee
Madrian Bryan was appointed to serve on this committee for a term of one year expiring
September 30, 2016.
Jury Commission
Edith Cox was appointed to serve on this Commission for a term of two years expiring
June 30, 2017.
Chairman Burgin administered Eric K. Truesdale's Oath of Office to serve on the Governor's
Working Group on Veterans, Service Members and their Families. Mr. Truesdale addressed the
group.
Jimmy Riddle, Harnett County Fire Marshal, petitioned the Board on behalf of Boone Trail
Emergency Services for a public hearing Regarding the Financing of Certain Building Addition
for Boone Trail Emergency Services with the Proceeds of Tax -Exempt Debt.
July 20, 2015 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 2 of 4
Boone Trail Emergency Services, a nonprofit corporation organized under the laws of the State
of North Carolina, has determined to enter into an installment financing agreement with BB&T.
Such Agreement must provide for a loan in an aggregate principle amount not to exceed
$400,000, the interest of which will be excludible from gross income for federal income tax
purposes, to pay the costs of building an addition to their facility, and if applicable, to pay certain
expenses incurred in connection with the delivery of the Agreement. Emergency Services
Director Gary Pope also addressed the staff responded to questions from commissioners.
Chairman Burgin called to order a public hearing on the matter and opened the meeting for
comments from the public.
- Cris Nystrom of 391 Center Lane in Bunnlevel spoke in support of this request.
Seeing no one else move Chairman Burgin closed the public hearing. Commissioner Elmore
moved to approve the Resolution Authorizing and Approving the Delivery of an Installment
Financing Agreement by Boone Trail Emergency Services and the Tax -Exempt Loan Related
Thereto. Commissioner Miller seconded the motion which passed unanimously. (Attachment 3)
The group watched the latest NCACC Update video. Chairman Burgin noted there is a real need
to look at mental health issues in our jails.
Mrs. Stewart distributed a draft Policy for Funding Non -Profits regarding the establishment of a
committee to consider nonprofit funding requests. Commissioners will review the draft policy
and follow-up with staff. Both Commissioners McKoy and Miller would like to serve on this
committee with representatives being appointed from each district.
Mr. Jeffries presented the following report:
- Veteran Affairs Activities Report — June 2015
- Public Health Activities Summary — May 2015
- Harnett County Planning Services Report — June 2015
- Interdepartmental budget amendments
There was no new business.
Commissioner McKoy moved that the Board go into closed session to:
(1) consult with the County's legal staff in order to preserve the attorney-client privilege
concerning the handling of certain claims and litigation including the following case:
a) "Erin Tucker vs. DeWayne Council, Sr. and the Harnett County Sheriff's
Department" Harnett County File No. 15CVS293 and
2) to discuss economic development matter in Harnett County.
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 Elmore moved that the Board come out of closed session. Vice Chairman
Springle seconded the motion which passed unanimously.
July 20, 2015 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 3 of 4
Commissioner Elmore moved to adjourn the meeting at 8:07 pm. Vice Chairman Springle
seconded the motion which passed unanimously.
kit
:a et Regina lieeler, Clerk
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Broo s Matth ws, Chairman
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July 20, 2015 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 4 of 4
ATTACHMENT 1
Approved -by me name= -
County Board of Commissioners
Date fTWA
-2
' 15
Board Report
Date : 07/20/2015
Approved By : ! IC &C
TO : HARNETT COUNTY BOARD OF COMMISSIONERS
RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES
No.
Name of Tax
Payer
Bill #
Tax, Interest and Total Request
Penalties Refund Status
Reason
1 SLOSS, JOHN
E JR
SLOSS,
TERESA J
S. KEITH FAULKNER
Revenue Administrator
CC:
S. KEITH FAULKNER
0001704323- 2014- 2014- 000000
HOUSE BURNED
12-4-2013;
DELETE FOR
City 0.00 2015;RELEASE
1,824.53 Refund FOR 2014 -
RELEASE 1 SW
FEE
County 1,824.53
City Total 0.00
County Total 1,824.53
Total to be 1,824.53
Refunded
Board Report
Return
Date : 07/20/2015
Approved By :
TO : HARNETT COUNTY BOARD OF COMMISSIONERS
RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES
N Name of
°' Tax Payer
Bill # Tax, Interest and Penalties
Tota! Request Status Reason
Refund
1 FASTENAL
COMPANY
- NCDUN
0001885406- City(CI05)
2014-2014-
000000
25.53
County 42.90
68.43 Refund
TAXPAYER
FILED FOR
AN
EXTENSION.
LLP BILLED
IN ERROR.
2 LBM INC 2014
EXTENSION
0000030615- City(C105) 4.83 FILED. LLP
2014- 2014- 12.95 Refund KEYED IN
000000 ERROR.
County 8.12
3 MCNEILL, Appeal
ALBERT L Settlement
0000036383- City 0.00 per NC
2013- 2013- 39.75 Refund Property Tax
000000 Commission
County 39.75
4
City
0.00 41.00 Refund
Appeal
Settlement
MCNEILL, per NC
ALBERT L 0000036383- Property Tax
2014 2014- Commission
000000
County 41.00
S. KEITH FAULKNER City Total 30.36
Revenue Administrator County Total 131.77
Total to be 162.13
Refunded
CC:
S. KEITH FAULKNER
ATTACHMENT 2
Harnett
COUNTY
RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS
IN SUPPORT OF NORTH CAROLINA GOVERNOR PAT MCCRORY'S
CONNECT NC BOND PROPOSAL
www.harnett.org
WHEREAS, Governor Pat McCrory has proposed a $2.85 billion bond initiative intended to connect
North Carolina cities and towns in the 215` century by building roads, upgrading technology, constructing and
improving educational facilities, enhancing medical services, supporting our military installations, improving
parks and recreational facilities, and building and improving port and rail infrastructure; and
WHEREAS, these strategic investments, as proposed, are designed to benefit every community across
this great State and will create jobs and improve the quality of life and environment for every community across
this great State and will create jobs and improve the quality of life and environment for every North Carolinian;
and
WHEREAS, because of North Carolina's fiscal strength and strong balance sheet, no tax increase will be
required to fund these bonds, and in addition, the State's Triple A bond rating will be preserved; and
WHEREAS, by not addressing our serious infrastructure deficiencies now, our State will lose its ability
to compete in the future, interest rates will go up, costs to taxpayers will increase, congestion will worsen and jobs
will not expand at the rate needed to sustain a healthy and vibrant North Carolina; and
WHEREAS, the bond proceeds will benefit projects in the Harnett County Region; and
WHEREAS, the citizens of North Carolina must be allowed to make the important decision of investing
in the opportunities provided to our future generations through the Connect NC bond initiative.
NOW, THEREFORE BE IT RESOLVED that the Harnett County Board of Commissioners support
Governor McCrory's Connect NC bond initiative and encourages the General Assembly to allow North
Carolina's citizens to vote on this critical bond proposal to ensure North Carolina's future on the global stage.
Attest:
Marg
ADOPTED this 20th day of July, 2015.
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strong roots • new growth
HARNE T COUNTY BOARD OF COMMISSIONERS
Jim B . gin, Chairman
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 (the "County") was held on Monday, July 20, 2015, 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:
Jim Burgin, Chairman
Gordon Springle, Vice Chairman
Abe Elmore, Commissioner
Barbara McKoy, Commissioner
Joe Miller, Commissioner
Commissioners Absent: N/A
Also Present:
Joseph Jeffries, County Manager
Paula Stewart, Deputy County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
* * *
Commissioner Elmore introduced the following resolution, a summary of which had been
provided to each Commissioner, a copy of which was available with the Clerk to the Board and which
was read by title:
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT,
NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND A
DEED OF TRUST WITH RESPECT THERETO AND DELIVERY THEREOF AND
PROVIDING FOR CERTAIN OTHER RELATED MATTERS
WHEREAS, the County of Harnett, North Carolina (the "County") is a validly existing political
subdivision of the State of North Carolina, existing as such under and by virtue of the Constitution,
statutes and laws of the State of North Carolina (the "State");
WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina to
(1) purchase real and personal property, (2) enter into installment financing contracts in order to fmance
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 County has previously executed and delivered an Installment Financing Contract
dated as of January 15, 2005 (the "Prior Contract") between the County and Bank of America, N.A. in
order to fmance all or a portion of the costs to acquire, construct, renovate, equip and furnish a County
Agricultural Center (the "Agriculture Center") and a County Animal Control Shelter;
WHEREAS, the Board of Commissioners of the County (the "Board") has previously determined
that it is in the best interest of the County to (1) refmance the County's installment payment obligations
PPAB 2859665v2
under the Prior Contract, (2) finance various capital improvements and repairs to the County's public
works facility (the "Public Works Facility"), and (3) finance the acquisition of certain real property
(collectively, the "Land") owned by Harnett Forward Together Committee, a North Carolina nonprofit
corporation, Western Harnett Industrial Park, Inc., a North Carolina nonprofit corporation, and Emmett
Edgerton Industrial Properties, Inc., a North Carolina nonprofit corporation (collectively, the "Sellers"),
by repaying all or a portion of the Sellers' outstanding indebtedness with respect to the Land;
WHEREAS, the Board hereby determines that it is in the best interest of the County to enter into
an Installment Financing Contract dated as of August 1, 2015 (the "Contract') between the County and
First Bank (the "Bank") in order to (1) refinance the County's installment payment obligations under the
Prior Contract, (2) finance various capital improvements and repairs to the Public Works Facility,
(3) finance the acquisition of the Land by repaying all or a portion of the Sellers' outstanding
indebtedness with respect to the Land and (4) pay certain costs incurred in connection with the execution
and delivery of the Contract;
WHEREAS, the Board hereby further determines that it is in the best interest of the County to
execute and deliver a Deed of Trust, Security Agreement and Fixture Filing dated as of August 1, 2015
(the "Deed of Trust") to the deed of trust trustee named therein for the benefit of the Bank, granting a lien
on the County's fee simple interest in the real property on which the Agriculture Center and the Public
Works Facility are located, as more particularly described in the Deed of Trust, and the improvements
thereon, in order to secure the County's obligations under the Contract;
WHEREAS, the Board adopted a resolution on June 15, 2015 making certain findings with respect
to the Contract, the Deed of Trust and the projects to be financed and refinanced thereby as described
above (collectively, the "Projects");
WHEREAS, the Board conducted a public hearing on June 30, 2015 to receive public comments
on the Contract, the Deed of Trust and the Projects;
WHEREAS, the County has filed an application with the Local Government Commission of North
Carolina (the "LGC") for approval of the LGC with respect to the County entering into the Contract in an
aggregate principal amount of not to exceed $7,000,000, and the County hereby determines that all
findings, conclusions and determinations of the County in this Resolution are subject to such approval by
the LGC;
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;
(2) the Deed of Trust; and
(3) a Purchase Agreement to be dated the date of its delivery (the "Purchase
Agreement") between the County and the Sellers, pursuant to which the County will
acquire the Land from the Sellers; and
WHEREAS, it appears that each of the Instruments is in appropriate form and is an appropriate
instrument for the purposes intended;
2
PPAB 2859665v2
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS:
Section 1. Ratification of Prior Actions. All actions of the County, the County Manager,
the Finance Officer, the Deputy Finance Officer, the County Attorney and the Clerk to the Board and
their respective designees in effectuating the County's acquisition of the Land and the proposed financing
and refinancing of the Projects are hereby approved, ratified and authorized pursuant to and in accordance
with the transactions contemplated by the Instruments.
Section 2. Approval, Authorization and Execution of Contract The County hereby
approves the financing and refinancing of the Projects in accordance with the terms of the Contract,
which will be a valid, legal and binding obligation of the County in accordance with its terms. The
County hereby approves the amount advanced by the Bank to the County pursuant to the Contract in a
principal amount not to exceed $7,000,000, such amount to be repaid by the County to the Bank as
provided in the Contract. The form, terms and content of the Contract are in all respects authorized,
approved and confirmed, and the Chairman, the County Manager and the Clerk to the Board or their
respective designees are authorized, empowered and directed, individually and collectively, to execute
and deliver the Contract for and on behalf of the County, including necessary counterparts, in
substantially the form presented to the Board, but with such changes, modifications, additions or deletions
therein as they may deem necessary, desirable or appropriate, their execution thereof to constitute
conclusive evidence of their approval of any and all such changes, modifications, additions or deletions.
From and after the execution and delivery of the Contract, the Chairman, the County Manager, the
Finance Officer, the Deputy Finance Officer and the Clerk to the Board or their respective designees are
hereby authorized, empowered and directed, individually and collectively, to do all such acts and things
and to execute all such documents as may be necessary to carry out and comply with the provisions of the
Contract as executed.
Section 3. Approval, Authorization of Deed of Trust. The form, terms and content of the
Deed of Trust are in all respects authorized, approved and confirmed, and the Chairman, the County
Manager and the Clerk to the Board or their respective designees are authorized, empowered and directed,
individually and collectively, to execute and deliver the Deed of Trust for and on behalf of the County,
including necessary counterparts, in substantially the form presented to the Board, but with such changes,
modifications, additions or deletions therein as they may deem necessary, desirable or appropriate, their
execution thereof to constitute conclusive evidence of their approval of any and all such changes,
modifications, additions or deletions. From and after the execution and delivery of the Deed of Trust, the
Chairman, the County Manager, the Finance Officer, the Deputy Finance Officer and the Clerk to the
Board or their respective designees are hereby authorized, empowered and directed, individually and
collectively, to do all such acts and things and to execute all such documents as may be necessary to carry
out and comply with the provisions of the Deed of Trust as executed.
Section 4. Approval, Authorization of the Purchase Agreement The form, terms and
content of the Purchase Agreement are in all respects authorized, approved and confirmed, and the
Chairman, the County Manager, the Finance Officer and the Clerk to the Board or their respective
designees are authorized, empowered and directed, individually and collectively, to execute and deliver
the Purchase Agreement for and on behalf of the County, including necessary counterparts, in
substantially the form presented to the Board, but with such changes, modifications, additions or deletions
therein as they may deem necessary, desirable or appropriate, their execution thereof to constitute
conclusive evidence of their approval of any and all such changes, modifications, additions or deletions.
From and after the execution and delivery of the Purchase Agreement, the Chairman, the County
Manager, the Finance Officer and the Clerk to the Board or their respective designees are hereby
authorized, empowered and directed, individually and collectively, to do all such acts and things and to
3
PPAB 2859665v2
execute all such documents as may be necessary to carry out and comply with the provisions of the
Purchase Agreement as executed
Section 5. Further Actions. The Chairman, the County Manager, the Deputy County
Manager, the Finance Officer and the Deputy Finance Officer are each hereby designated as the County's
representatives to act on behalf of the County in connection with the transactions contemplated by the
Instruments. The Chairman, the County Manager, the Deputy County Manager, the Finance Officer and
the Deputy Finance Officer are authorized and directed, individually and collectively, to proceed with the
acquisition of the Land and the financing and refinancing of the Projects in accordance with the terms of
the Instruments and to seek opinions on matters of law from the County Attorney, which the County
Attorney is authorized to furnish on behalf of the County, and opinions of law from such other attorneys
for all documents contemplated hereby as required by law. The Chairman, the County Manager, the
Deputy County Manager, the Finance Officer and the Deputy Finance Officer are hereby authorized to
designate one or more employees of the County to take all actions which the Chairman, the County
Manager, the Deputy County Manager, the Finance Officer or the Deputy Finance Officer is authorized to
perform under this Resolution, and the Chairman, the County Manager, the Deputy County Manager, the
Finance Officer, the Deputy Finance Officer or their designees are in all respects authorized on behalf of
the County, individually and collectively, to supply all information pertaining to the transactions
contemplated by the Instruments. The Chairman, the County Manager, the Deputy County Manager, the
Finance Officer, the Deputy Finance Officer and the Clerk to the Board are authorized, individually and
collectively, to execute and deliver for and on behalf of the County any and all additional certificates,
documents, opinions or other papers and perform all other acts as may be required by the Instruments or
as they may deem necessary or appropriate to implement and carry out the intent and purposes of this
Resolution.
Section 6. Repealer. All motions, orders, resolutions, ordinances and parts thereof in
conflict herewith are hereby repealed.
Section 7. Severability. If any section, phrase or provision of this Resolution is for any
reason declared to be invalid, such declaration will not affect the validity of the remainder of the sections,
phrases or provisions of this Resolution.
Section 8. Effective Date. This Resolution is effective on the date of its adoption.
On motion of Commissioner Elmore, seconded by Vice Chairman Springle, the foregoing
resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT,
NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND A DEED OF TRUST
WITH RESPECT THERETO AND DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER
RELATED MATTERS" was duly adopted by the following vote:
AYES: 5
NAYS: 0
4
PPAB 2859665v2
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
)
)
SS:
I, MARGARET REGINA WHEELER, Clerk to the Board of Commissioners of the County of Harnett,
North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled
"RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH
CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND A DEED OF TRUST WITH
RESPECT THERETO AND DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER RELATED
MATTERS" adopted by the Board of Commissioners of the County of Harnett, North Carolina, at a
meeting held on the 20th day of July, 2015.
WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 20th
day of July, 2015.
PPAB 2859665v2
toideLt
MA{ ARE'1' ' G�` A WHEELER
Cle to the Boa
County of Harnett, North Carolina
ATTACHMENT 4
EXTRACT FROM MINUTES OF BOARD OF COMMISSIONERS
A regular meeting of the Board of Commissioners of the County of Harnett, North Carolina
(the "Board") was held at the County Commissioners' Meeting Room, Harnett County Administration
Building, 102 East Front Street, Lillington, North Carolina, at 7:00 p.m. on July 20, 2015 (the "Meeting"),
after proper notice, and was called to order by Chairman Jim Burgin, and upon the roll being called, the
following members of the Board answered present:
Jim Burgin, Chairman
Gordon Springle, Vice Chairman
Abe Elmore, Commissioner
Barbara McKoy, Commissioner
Joe Miller, Commissioner
The following members of the Board were absent: N/A
Also present:
Joseph Jeffries, County Manager
Paula Stewart, Deputy County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
* * *
The Chairman of the Board of Commissioners (the "Board") for the County of Harnett, North
Carolina (the "County") stated that the Board has been requested by the Boone Trail Emergency Services
("BTES") to approve an installment financing agreement between Branch Banking and Trust Company
and BTES (the "Agreement"). BTES will use the proceeds of the Agreement to finance an addition and
other improvements to their facility (the "Project') and, if applicable, to pay certain expenses incurred in
connection with the delivery of the Agreement. The Chairman then stated that a notice of public hearing
by the Board regarding the Project and the execution and delivery of the Agreement had been published
on July 6, 2015 in The Daily Record.
Chairman Burgin declared the public hearing on the Project and the execution and delivery of the
Agreement to be open.
The Chairman announced that the Board would hear anyone who wished to be heard on the
advisability of the financing of the Project and the proposed execution and delivery of the Agreement, and
that a representative of BTES was available and prepared to discuss the details concerning such matters.
Kris Nystrom of 391 Center Lane in Bunnlevel spoke in support of the request. After the Board had
heard all persons who requested to be heard, the Chairman declared the public hearing closed.
Commissioner Elmore then introduced the following resolution, the title of which was read and
copies of which had been previously distributed to each Commissioner:
RESOLUTION AUTHORIZING AND APPROVING THE DELIVERY OF AN INSTALLMENT
FINANCING AGREEMENT BY BOONE TRAIL EMERGENCY SERVICES AND THE TAX-
EXEMPT LOAN RELATED THERETO
WHEREAS, Boone Trail Emergency Services(the "BTES") and the County of Harnett, North
Carolina (the "County") have heretofore entered into an agreement in March 1992 whereby BTES has
agreed to provide the County fire protection services; and
PPAB 2826527v1
WHEREAS, BTES wishes to finance an addition and other improvements to its facility (the
"Project") and, if applicable, to pay certain expenses incurred in connection with the delivery of the
Agreement (as defined below); and
WHEREAS, BTES and Branch Banking and Trust Company (the "Bank") intend to enter into an
installment financing agreement (the "Agreement') whereby the Bank will advance to BTES funds for the
Project and, if applicable, such related costs; and
WHEREAS, the interest component of the repayment obligations under the Agreement are
intended to be excludable from the gross income of the recipients thereof; and
WHEREAS, pursuant to the Internal Revenue Code of 1986, as amended (the "Code"), the
execution and delivery of the Agreement must be approved, after a public hearing required by
Sections 150(e)(3) and 147(0 of the Code, by the governmental unit having jurisdiction over the area in
which the Equipment is located; and
WHEREAS, the Agreement does not constitute a debt of the State of North Carolina or any
political subdivision or any agency thereof, including the County, or a pledge of the faith and credit of the
State of North Carolina or any political subdivision or any such agency, including the County, but is
payable solely from the revenues and other funds provided for by BTES in the Agreement; and
WHEREAS, because no revenues or taxes of the County are legally pledged to the repayment
obligations under the Agreement, the staff of the County has made no financial analysis of the Agreement
or the Project to be financed thereby; and
WHEREAS, the Board of Commissioners of the County (the "Board'), pursuant to public notice
duly given, has held a public hearing on the advisability of the delivery of the Agreement to finance the
Project and has considered the comments of all persons who requested to be heard; and
WHEREAS, the Board desires to approve the delivery of the Agreement for the purpose of
financing the Project;
NOW THEREFORE, BE IT RESOLVED by the Board as follows:
1. The Board has held the public hearing and taken the actions set forth herein in order to
satisfy Sections 150(e)(3) and 147(0 of the Code.
2. The delivery of the Agreement in an aggregate principal amount not exceeding $400,000
to finance the Project and, if applicable, certain related costs is hereby approved.
3. The Clerk to the Board is hereby authorized and directed to provide a certified copy of
this resolution to BTES and the Bank.
4. THE AGREEMENT DOES NOT CONSTITUTE A DEBT OF THE STATE OF NORTH CAROLINA OR
ANY POLITICAL SUBDIVISION OR ANY AGENCY THEREOF, INCLUDING THE COUNTY, OR A PLEDGE OF THE
FAITH AND CREDIT OF THE STATE OF NORTH CAROLINA OR ANY POLITICAL SUBDIVISION OR ANY SUCH
AGENCY, INCLUDING THE COUNTY.
5. This resolution is effective on its adoption.
2
PPAB 2826527v1
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 AUTHORIZING AND APPROVING THE DELIVERY OF AN INSTALLMENT
FINANCING AGREEMENT BY BOONE TRAIL EMERGENCY SERVICES AND THE TAX-EXEMPT LOAN
RELATED THERETO" adopted by the Board of Commissioners of the County of Harnett, North Carolina,
in regular session convened on the 20th day of July, 2015.
WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 20th
day of July, 2015.
(SEAL)
PPAB 2826527v1
Marg • - t Regina Wh er
Clerk t. the Board of I'.mmissioners