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HomeMy WebLinkAbout061520mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting June 15, 2020 The Harnett County Board of Commissioners met in regular session on Monday, June 15, 2020, in the Commissioners Meeting Room, County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Due to COVID-19 this meeting was not open to members of the public to attend in person however, citizens and staff were provided options to listen to the meeting live. Only County staff necessary to conduct the meeting or to speak on scheduled agenda items were in attendance, stationed in the meeting chambers to maintain the recommended social distancing of 6 feet, as the Board demonstrated compliance with State law and prudent public health practices. 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 Allen Coats, Deputy Finance Officer Margaret Regina Wheeler, Clerk Chairman Penny called the meeting to order at 6:00 pm. Vice Chairman Miller 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 Harnett County Department on Aging's request for approval to accept funding from Mid -Carolina Area Agency on Aging in the amount of $85,699 for the provisions of Home Delivered Meals and Congregate Nutrition Program Services funded by the Families First Coronavirus Response Act (FFCRA). She also asked to add for consideration an additional budget amendment in the amount of $738,712 to reallocate funds from contingency to transfer to the General Fund, as needed, to be reimbursed for COVID-19 response expenses during fiscal year 2020. Commissioner Springle moved to approve the agenda as amended. Vice Chairman Miller seconded the motion that passed unanimously. Vice Chairman Miller moved to approve items on the consent agenda. Commissioner McKoy seconded the motion, which passed unanimously. 1. Minutes: June 9, 2020 Work Session June 1, 2020 Regular Meeting May 26, 2020 Regular Meeting June 15, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 10 2. Budget Amendments: 368 Public Safety Code 2118401 567100 2118401 567100 2118401 567100 2118401 567100 2118401 567100 2118401 567100 2118401 567100 2118401 567100 2118401 567100 2118401 567100 2118401 567100 2118401 567100 2118401 567100 2118401 567100 2118401 567100 2118401 300101 369 Public Safety Code 2118401 567300 2118401 567300 2118401 567300 2118401 567300 2118401 567300 2118401 567300 2118401 567300 2118401 567300 2118401 567300 2118401 567300 2118401 300201 372 Public Safety Code 2118401 567500 2118401 567500 2118401 567500 2118401 567500 2118401 567500 2118401 567500 2118401 567500 2118401 567500 2118401 567500 2118401 567500 2118401 567500 Ad Valorem Real — Current ACFD Ad Valorem Real — Current BENSN Ad Valorem Real — Current BLACK Ad Valorem Real — Current BNHVN Ad Valorem Real — Current BOONE Ad Valorem Real — Current BUIES Ad Valorem Real — Current COATS Ad Valorem Real — Current ERWIN Ad Valorem Real — Current FLTBR Ad Valorem Real — Current GODWN Ad Valorem Real — Current NWHAR Ad Valorem Real — Current SPOUT Ad Valorem Real — Current SUMMR Ad Valorem Real — Current WESTA Ad Valorem Real — Current WHOHN Ad Valorem Real — Current Ad Valorem Real — Delq ACFD Ad Valorem Real — Delq AVSCH Ad Valorem Real — Delq BNHVN Ad Valorem Real — Delq BOONE Ad Valorem Real — Delq COATS Ad Valorem Real — Delq CYPRS Ad Valorem Real — Delq DUNN Ad Valorem Real — Delq FLTBR Ad Valorem Real — Delq SPOUT Ad Valorem Real — Delq SUMMR Ad Valorem Real — Delq Ad Valorem Motor Vehicle ACFD Ad Valorem Motor Vehicle BENSN Ad Valorem Motor Vehicle BLACK Ad Valorem Motor Vehicle BNHVN Ad Valorem Motor Vehicle BOONE Ad Valorem Motor Vehicle BUIES Ad Valorem Motor Vehicle COATS Ad Valorem Motor Vehicle CRAIN Ad Valorem Motor Vehicle CYPRS Ad Valorem Motor Vehicle ERWIN Ad Valorem Motor Vehicle FLTBR 107,566 increase 10,190 increase 73,396 increase 120,450 increase 31,794 increase 55,476 increase 41,189 increase 38,091 increase 56,670 increase 225 increase 84,771 increase 397,806 increase 50,276 increase 4,978 increase 1,116 increase 1,073,994 increase 3,305 increase 877 increase 736 increase 213 increase 511 increase 128 increase 3,803 increase 324 increase 102 increase 560 increase 10,559 increase 16,008 increase 1,306 increase 3,469 increase 14,305 increase 2,958 increase 2,263 increase 2,558 increase 367 increase 411 increase 6,756 increase 5,206 increase June 15, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 10 372 Public Safety continued Code 2118401 567500 2118401 567500 2118401 567500 2118401 567500 2118401 300103 374 Public Safety Code 2118401 567700 2118401 567700 2118401 567700 2118401 567700 2118401 567700 2118401 567700 2118401 567700 2118401 567700 2118401 567700 2118401 567700 2118401 567700 2118401 567700 2118401 567700 2118401 567700 2118401 567700 2118401 567700 2118401 567700 2118401 567700 2118401 567700 2118401 567700 2118401 380892 Ad Valorem Motor Vehicle NWHAR Ad Valorem Motor Vehicle SPOUT Ad Valorem Motor Vehicle WESTA Ad Valorem Motor Vehicle WJOHN Ad Valorem Motor Vehicle Sales & Use Tax ACFD Sales & Use Tax AVSCH Sales & Use Tax BENSN Sales & Use Tax BLACK Sales & Use Tax BNHVN Sales & Use Tax BOONE Sales & Use Tax BUIES Sales & Use Tax COATS Sales & Use Tax CRAIN Sales & Use Tax CYPRS Sales & Use Tax DUNN Sales & Use Tax ERWIN Sales & Use Tax FLTBR Sales & Use Tax FLTWD Sales & Use Tax GODWN Sales & Use Tax NWHAR Sales & Use Tax SPOUT Sales & Use Tax SUMMR Sales & Use Tax WESTA Sales & Use Tax WJOHN NC Sales Tax Special 405 Flexible Spending Internal Service Code 8609306 547010 Payment of Claims 8603800 380890 Other Revenue 436 Animal Shelter Code 1104512 539090 1104512 330310 513 Fleet Acquisition Code 8809410 539050 8809410 380890 539 Recreation Fees Code 1109800 598200 1103900 390990 8,548 increase 38,237 increase 237 increase 354 increase 102,983 increase 93,714 increase 18,459 increase 6,522 increase 57,489 increase 50,232 increase 22,493 increase 36,971 increase 31,143 increase 3,051 increase 2,672 increase 106,908 increase 21,535 increase 16,393 increase 3,316 increase 185 increase 32,534 increase 74,725 increase 46,214 increase 3,033 increase 1,025 increase 628,614 increase 360,000 increase 360,000 increase Others Serv.ICARE Spay/Neuter Program 494 increase State — ICARE Spay/Neuter Program 494 increase Permits/Taxes/Fees Other Revenue 3,850 increase 3,850 increase Interfund Trans — Special 468,000 increase Fund Balance Appropriated 468,000 increase June 15, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 10 541 Debt Service Code 3009100 577000 3009100 575001 3009100 576000 3003900 390982 542 Fund 270 Code 2705910 598300 2703900 390990 550 Recreation Fees Code 2306110 549090 2303900 390981 568 Social Services Code 5320 618950 5331 618911 5322 618920 5332 618815 5320 380840 5331 380840 5322 380890 3900 390990 Installment Purchase Debt Service Charges Installment Purchase Principal Transfers From — Special Rev Interfund Trans — Debt Fund Balance Appropriated Miscellaneous Transfers From — General 3,441,596 increase 5,000 increase 3,495,000 increase 6,941,596 increase 6,941,596 increase 6,941,596 increase 468,000 increase 468,000 increase Elderly Assistance Donations 2,576 increase Child Abuse Awareness 98 increase Central Electric 6,120 increase Special Needs Adoptions 57,348 increase Adult Contribution & Donations 2,576 increase CPS Contribution & Donations 98 increase Other 6,120 increase Fund Balance Appropriated 57,348 increase 720 Workmen's Compensation Code 8109301 544000 Contracted Services 8109301 545050 Insurance — Special 8103800 380850 Insurance Settlement 721 Employee Clinic Code 8309302 502010 8309302 523040 8309302 526010 8309302 531010 8309302 531020 8309302 544000 8309302 380890 722 Medical Insurance Code 8419303 545050 8419303 547010 8413500 350410 8413800 380840 8413800 380850 8413800 380890 Salaries & Wages — Regular Medical Supplies Office Supplies Training — Mileage Training — Meals Contracted Services Other Revenue 10,000 increase 40,000 increase 50,000 increase 1,000 increase 1,615 increase 200 increase 100 increase 85 increase 3,000 increase 6,000 increase Insurance — Special 500,000 increase Payment of Claims 591,442 increase SRVC Charges — Departmental 1,000,000 increase Wellness 25,138 increase Insurance Settlement 20,000 decrease Other Revenue 86,304 increase June 15, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 10 723 Dental Insurance Code 8439307 506020 8433500 350410 724 Retiree Insurance Code 8459304 547010 8459304 547020 8453500 350410 725 Flex Spending Code 8609306 547010 8603800 380890 727 HRW Fund Code 6107111 571000 6107111 572000 6107111 576000 6107111 598300 6103900 390990 729 HRW Fund Code 6107111 598500 6103900 390990 Dental Insurance SRVC Charges — Departmental Payment of Claims Medical Supplement SRVC Charges — Departmental Payment of Claims Other Revenue Bond Principal Bond Interest Installment Purchase Principal Interfund Trans — Debt Service Fund Balance Appropriated Interfund Transfer -Capital Reserve Fund Balance Appropriated 944 Sheriff SRO Code 1104350 547090 Allocation 1104350 350410 Service Charges — Departmental 1021 CARES Act Funding (Add-on) Code 2908901 598100 Interfund Trans 2908901 599000 Contingency 3. Tax rebates, refunds and releases 100,000 increase 100,000 increase 25,000 increase 75,000 increase 100,000 increase 500,000 increase 500,000 increase 4,161,679 decrease 1,141,352 decrease 574,570 decrease 6,153,197 increase 275,596 increase 1,400,000 increase 1,400,000 increase 879,000 increase 879,000 increase 738,712 increase 738,712 decrease 4. Harnett Regional Water requested adoption of Harnett Regional Water's FY 21 Capital Improvement Plan. 5. Harnett Regional Water requested adoption of Harnett Regional Water's FY 21 Water and Sewer Ordinance. 6. Harnett Regional Water requested approval of Resolution Adopting the 2019 Local Water Supply Plan (LWSP) for Harnett Regional Water System. (Attachment 1) June 15, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 5of10 7. Harnett Regional Water requested approval of the write-offs for the fourth quarter of 2019 totaling $28,209.34. 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 collection and bad debt. 8. Harnett County Emergency Services requested approval of the fireworks application from East Coast Pyrotechnics for the Anderson Creek Club July 4th celebration. East Coast Pyrotechnics meets all requirements and has met fire code compliance for the event. The actual event will take place July 5th at 9:30 pm. 9. Harnett County Emergency Services requested approval of the fireworks application from East Coast Pyrotechnics for the Carolina Lakes July 4th celebration. East Coast Pyrotechnics meets all requirements and has met fire code compliance for the event. The actual event will take place July 3th at 9:30 pm 10. Harnett County Facilities Maintenance requested approval of award of bid and contract with Martin Edwards & Associates Inc. of Linden, NC in the amount of $138,050 for the demolition of the old cafeteria, storage building and removal of fuel tanks at the old Benhaven School. Martin Edwards & Associates was the second to lowest bidder however the lowest bidder said they failed to include in their bid the cost of permits and proper disposal of the fuel tanks. (Attachment 2) 11. Harnett County Health Director requested approval of the revised Clinical Patient Fees, Eligibility and Bad Debt Write Off Policy. 12. Harnett County Tax Department requested approval of a Service Contract with Vincent Valuations in the amount of $126,450 to appraise Tax Year 2021 new construction. The appraisals will include field data collection, data entry into the CAMA system and land pricing for all splits and combinations. This contract is the most efficient and cost effective method to be sure that there is timely assessment of these new properties. 13. Harnett County JCPC requested approval of the NC Department of Public Safety Program Agreements JCPC Annual 2020-2021 funding in the amount of $320,045 as follows: $75,000 Harnett County Restitution Program $45,000 4-H Teen Court and At -Risk Youth Development $40,000 Re -Entry Healthy Choices $60,000 School Kid in Power (SKIP) Academic Career Readiness — Dunn PAL $30,000 Extended Learning - $25,000 Lifeguard Instruction and Development Services (LIDS) - $40,000 Take Two Academy - $ 5,045 JCPC Administration June 15, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 10 14. Administration requested award of bid to the NCACC Risk Management Liability and Property Pool as the County's property & liability insurance broker for an initial one-year term. (Attachment 3) 15. Add-on: Harnett County Health Department, Department on Aging, requested approval to accept funding from Mid -Carolina Area Agency on Aging in the amount of $85,699 for the provisions of Home Delivered Meals and Congregate Nutrition Program Services funded by the Families First Coronavirus Response Act (FFCRA). These funds are being provided as emergency funding to ensure older adults who need nutrition services during the Coronavirus outbreak are able to receive meals. 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 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 one spoke and no public comments were received. Vice Chairman Miller moved to approve the following appointments. Commissioner McKoy seconded the motion, which passed unanimously. Eastern Carolina Regional Housing Authority Barry Blevins was appointed to serve on this board. The length of Mr. Blevin's term is not known at this time as the Authority is in the process of staggering terms. Harnett Regional Jetport Committee James W. Johnson III (Jim) was appointed to serve on this board as the District 4 representative for a term of three years however his term will expire on December 31, 2022 as all appointments begin on January 1st Historic Properties Commission Patricia Chalmers was reappointed to serve on this commission as the District 5 representative for a term of three years expiring April 30, 2023. Nursing Home Community Advisory Committee Roger Brown was reappointed to serve on this committee for a term of three years expiring November 30, 2022. Social Services Board Mildred Page was reappointed to serve on this Board for a term of three years expiring June 30, 2023. June 15, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 7 of 10 Chairman Penny read aloud the Resolution by the Harnett County Board of Commissioners to Preserve and Defend the Right to Peacefully Assemble and to Condemn Acts of Violence and Looting. Commissioner Springle moved to approve the resolution as presented. Commissioner Johnson seconded the motion that passed unanimously. (Attachment 4) Senior Staff Attorney Christopher Appel and Harnett County Fire Marshall Rodney Daniels petitioned the Board for a public hearing regarding the relocation of a portion of the boundary lines between Westarea and Summerville-Bunnlevel Fire Protection Districts. Chairman Penny called to order a public hearing on the matter and opened the meeting for comments from the public. Citizens were encouraged 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. Hearing no one speak, and having received no written comments, Chairman Penny closed the public hearing. Vice Chairman Miller moved to approve the Resolution of the Harnett County Board of Commissioners to Relocate Boundary Lines between Adjoining Fire Protection Service Districts. Commissioner Springle seconded the motion that passed unanimously. (Attachment 5) Mrs. Honeycutt presented for approval the Erwin Elementary School Amended Capital Project Ordinance totaling $27,500,000. Commissioner Springle moved to approve the amended Capital Project Ordinance as presented. Chairman Penny seconded the motion, which passed unanimously. (Attachment 6) Mrs. Honeycutt presented for approval a resolution providing for the issuance of General Obligation School Bonds, Series 2020. She said approval of this resolution would authorize the sale of bonds not to exceed $27,500,000 in total aggregate principal amount of the 2020 Bonds. Mrs. Honeycutt said the school is looking at a total estimated project cost of $29,000,000 but given the current premium environment staff believes $27,500,000 will be sufficient to cover all costs. Commissioner McKoy, who requested assurance that none of the $29,000,000 would come out of the County's fund balance, moved to approve the Resolution of the Board of Commissioners of the County of Harnett North Carolina Providing for the Issuance of General Obligation School Bonds, Series 2020. Vice Chairman Miller seconded the motion that passed unanimously. (Attachment 7) Mrs. Stewart presented the proposed FY 2020-2021 Budget Ordinance and Budget for consideration. She reviewed the monetary changes made to the recommended budget presented on May 4th. She also pointed out changes in the wording and format of the FY 2020-2021 budget ordinance from the previous budget ordinance. Staff responded that the General Fund is sitting approximately 24 percent. Commissioner Springle moved to approve the FY2020-2021 Budget Ordinance and Budget as presented. Commissioner McKoy seconded the motion that passed unanimously. June 15, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 8 of 10 Mrs. Stewart also reported that the County's credit ratings remained the same; Moody's Investor Services assigned its Aa2 and S&P Global assigned its AA. Brian Haney, Assistant County Manager, requested approval of the following changes to the Harnett County Personnel Ordinance effective July 1, 2020: • ARTICLE III. THE PAY PLAN Updating the Performance Pay Plan including adding eligible part-time employees into the Performance Pay Plan, moving the effective date of earned performance increases to the start of the pay period immediately following an employee's anniversary date, updating eligibility requirements, and allowing the County Manager to address situations where employees who were left in the 3/5 Pay Plan after July 1, 2017, would have benefited more from inclusion in the Performance Pay Plan. • ARTICLE IV. Section 8. Probationary Period of Employment Updating to allow promoted employees to use leave during their probationary period. • ARTICLE V. Section 12. Performance Evaluations Updating to make clear guidelines and expectations for the timely completion of evaluations and submittal of any resulting Personnel Actions. • ARTICLE VI. Section 3. Vacation Leave Updating to allow promoted employees to use leave during their probationary period. Vice Chairman Miller moved to approve the proposed changes to the Harnett County Personnel Ordinance. Commissioner Johnson seconded the motion that passed unanimously. Harnett County Health Director John Rouse and Harnett County Emergency Services Director Larry Smith provided an update on Harnett County COVID-19 cases. Mr. Rouse responded to questions from commissioners. Mrs. Stewart sought direction from the Board regarding the reopening of County buildings. She noted that the libraries throughout the county will reopen on June 22, 2020 at 50% capacity with precautions in place. Commissioners questioned the consistency of having some County offices closed to the public while others, including the Courthouse, are open. Mrs. Stewart said that a lot of County departments have adapted and she believes all services are being met without totaling reopening. Commissioners will revisit this issue during their June 30 work session. Staff also reported that all precautions are in place to allow the County to reopen. Mr. Haney informed the Board that the County's plan for the Coronavirus Relief Fund allocation of $2,462,374 had been submitted. He said a good portion of the allocation, which must be spent on COVID related expenses, would go to the Health Department, Emergency Services and Sheriffs Office as well as preparing county facilities and municipalities to reopen. June 15, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 9 of 10 Ms. Stewart presented the following reports: - Public Health Activities Summary — May 2020 - Interdepartmental budget amendments She also reviewed upcoming meetings and invitations. There was no new business. There was no need for closed session. Vice Chairman Miller moved to adjourn the meeting at 6:48 pm. Commissioner Johnson seconded the motion which passed unani o and Penny, Jr., Chai Y•'•/2f11/2/._ et Regina Sheeler, Clerk June 15, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 10 of 10 ATTACHMENT 1 RESOLUTION ADOPTING LOCAL WATER SUPPLY PLAN WHEREAS, North Carolina General Statute 143-355 (I) requires that each system that provides public water services or plans to provide such services shall, either individually or together with other systems, prepare and submit a Local Water Supply Plan; and WHEREAS, as required by the statute and in the interests of sound local planning, a Local Water Supply Plan for the Harnett Regional Water System, has been developed and submitted to the Harnett County Board of Commissioners for approval; and WHEREAS, the Harnett County Board of Commissioners finds that the Local Water Supply Plan is in accordance with the provisions of NCGS 143-355 (I) and that it will provide appropriate guidance for the future management of water supplies for the Harnett Regional Water System, as well as useful information to the Department of Environmental Quality for the development of a state water supply plan as required by statute; NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that the Local Water Supply Plan entitled, Local Water Supply Plan for the Harnett Regional Water System dated 2019, is hereby approved and shall be submitted to DEQ Division of Water Resources; and BE IT FURTHER RESOLVED that the Harnett County Board of Commissioners intends that this plan shall be revised to reflect changes in relevant data and projections at least yearly by April 1st or as otherwise requested by the Department, in accordance with the statute and sound planning practice. This the 15 day ofl4,hed Attest: 1 • Marg Har e , 2020. d L. Penny, Chairman Har "tt County Board of C mmissioners et Regina W : eler, Clerk to the Board County Boa d of Commissioners ATTACHMENT 2 BENHAVEN DEMOLITION BID TAB RFP CLOSING APRIL 24, 2020 CONTRACTOR BID PRICE Jones Grading and Fencing $164,100 KSC Of The Carolinas $138,000 Martin Edwards and Associates, Inc. $138,050 4 Seasons Demolition $138,500 SEC, LLC $199,500 A-1 Salvage & Demo Inc. $150,000 IGrand Total Excess Workers' Compensation & Employers' Liability Sub Total Broker Fee Umbrella Liability/Excess Liability Property Damage including Equipment Breakdown Public Officials (Management) Liability Law Enforcement Legal Liability G-) a) CD 11I= fli 3- Employment Practices Liability Cyber Liability r) 3. Automobile Liability & Physical Damage Line of Coverage $918,257 - O� -4 O V V1 `A V AA- A O 0 $34,184 $234,756 Included in GL Included in GL 4 Included in GL co -A $2,744 NJ N -i -I N Zed -co r O 0 w (D z tO 'C. t0 z at -t Q — N ' 3 0 N w G) $1,049,029 4.4 1-` W W O AA- 0 :n t0 OO 0 0 0 -ER U1 W i- NJ CO W U9 $25,952 {.{- CO W O $48,737 $32,947 $14,762 N V N iC V 2020-2021 Proposed Program Surry (Travelers/AIG /Safety National) AA 40 V N 0 $163,430 -EA- V W V O AA OW O O V N o Q1 N i O N o V N -A -A0-1 V O 00 $37,875 $12,620 $2,972 $192,141 2020-2021 Proposed Program Surry (Liberty Mutual/ Travelers/ Safety National) -EA 01 0 UU11 4h 11 Ch W W O AA - 0 VI Co N .A A 0 ID 0 0 $37,279 N O 00 NJ U1 -J -A O N O $87,264 cn �! CO CO $37,875 N NJ O NJ V N r O NJ -- 2020-2021 Proposed Program Surry (Alternate Property Program) An W tp 1-1 N Not Quoted Mk 0 lb 1" N 4In' 0 w LO CO CO V co CO v $61,359 0 w CO O En o 0 V rn co .4 O Q CD Q LO rn CO $242,976 2020-2021 Proposed Program NCACC Pool -:A N O N 10 41 Not Quoted $1,035,944 -4R 0 $114,558 CD W 0 •v N V W $132,441 V O Lit _ CO W 0 -4 Q• --A O p1 (fl ( l V7 t' 2020-2021 Proposed Program Snipes (Trident/ Alliant) A iviAmf1S NflIW32id 113N1IVH 30 AINf1OD £ ZNIWH3VIIV ATTACHMENT 4 Harnett COUNTY NORTH CAROLINA RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS TO PRESERVE AND DEFEND THE RIGHT TO PEACEFULLY ASSEMBLE AND CONDEMNING ACTS OF VIOLENCE AND LOOTING WHEREAS, the Constitution of the United States is the Supreme Law of our nation; and WHEREAS, the First Amendment to the United States Constitution states: "Congress shall make no law...abridging the freedom of speech or the press; or the right of the people peaceably to assemble, and to petition the govemment for a redress of grievances"; and WHEREAS, Article 1, Section 12 of the North Carolina Constitution states: "the people have a right to assemble together to consult for their common good, to instruct their representatives, and to apply to the General Assembly for redress of grievances"; and WHEREAS, the right to peaceably assemble is a fundamental right for the protection of liberty and for the preservation of the United States and its Constitution; and WHEREAS, the right to peaceably assemble does not include the right to loot, destroy property, or commit other acts of violence; and WHEREAS, members of the Harnett County Board of Commissioners have taken an oath to defend and uphold the Constitutions of the United States and of North Carolina; and WHEREAS, the Harnett County Board of Commissioners wishes to express its deep and abiding commitment to protecting all Constitutional rights of citizens of the County of Harnett, including the First Amendment of the United States Constitution and to condemn those who attempt to unlawfully deprive any citizen of their constitutional right to life, liberty, or property under the guise of peaceful assembly. NOW THEREFORE BE IT RESOLVED that the Harnett County Board of Commissioners declares that the Board will uphold the Constitutional right to peaceably assemble and will take necessary action, within the limits of the Constitutions of the United States and of North Carolina, to prevent looting, destruction of property, and other acts of violence that are unlawful, unacceptable, and contrary to the purpose of peaceful protests. FURTHERMORE, the Harnett County Board of Commissioners implores the President of the United States, the United States Congress, the North Carolina Legislature, the Governor of North Carolina, and law enforcement agencies to protect the rights of all law-abiding citizens to peaceably assemble and to prevent or subdue any attempts to loot, destroy property, or commit any other violent acts which threaten the safety and well-being of all citizens and their property. HARNETT CO ► TY BOARD OF COMMISSIONERS oe Miller, ice Chairman Barbara McKoy ATTACHMENT 5 Harnett COUNTY NORTH CAROLINA RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS TO RELOCATE BOUNDARY LINES BETWEEN ADJOINING FIRE PROTECTION SERVICE DISTRICTS WHEREAS, pursuant to North Carolina General Statute § 153A-301, the Harnett County Board of Commissioners (hereinafter referred to as the "Board") adopted a resolution on May 16, 2011 to establish fire protection service districts in Harnett County; and WHEREAS, pursuant to North Carolina General Statute § 153A-304.3, the Board may by resolution relocate the boundary lines between adjoining fire protection service districts if the districts were established for substantially similar purposes; and WHEREAS, the Harnett County Fire Protection Service Districts, including the Westarea and Summerville-Bunnlevel Fire Protection Service Districts, were established upon a fording that there was a demonstrable need for providing fire protection services within the areas of the districts, that it was impossible or impracticable to provide fire protection services on a county -wide basis, that it was economically feasible to provide fire protection service for the districts without unreasonable or burdensome annual tax levies, and that there was a demonstrable demand for fire protection services by persons residing in the districts; and WHEREAS, the Board believes that it is in the best interest of the affected property owners of the Westarea and Summerville-Bunnlevel Fire Protection Districts to relocate the boundaries of these districts; and WHEREAS, the Board made available to the public a report containing a map showing the current and proposed boundaries of the districts, a statement that the proposed boundary relocation meets the requirements of subsection (a) of North Carolina General Statute § 153A-304, a plan for providing service to the area affected by the relocation of district boundaries, and the effect that the changes in the amount of taxable property will have on the ability of the district to provide services or to service any debt; and WHEREAS, the Board called a public hearing on the matter and heard all interested persons prior to taking action on this request. strong roots • new growth 1 www.harnett.org NOW, THEREFORE BE IT RESOLVED that the Harnett County Board of Commissioners approves the relocation of the fire district boundary lines between Westarea and Summerville-Bunnlevel Fire Protection Service Districts as shown on the maps attached hereto and incorporated herein as Exhibit A and Exhibit B and that such relocation of these boundary lines shall be effective July 1, 2020. Duly adopted by the Harnett County Board of Commissioners this 15th day of June, 2020. Attest: HARNETT COUNTY BOARD OF COMMISSIONERS Bv: Marg. et Reginheeler, Clerk www.harnett.org L -07 rd Penny, Jr. Chairman of the Boars of Commissioners 2 ATTACHMENT 6 • Harnett COUNTY NORTH CAROLINA ERWIN ELEMENTARY SCHOOL AMENDED CAPITAL PROJECT ORDINANCE www.hamen.org BE IT ORDAINED by the Board of Commissioners of Harnett County, North Carolina, sitting as the governing board for Harnett County. Section 1. This project consists of demolition work of the old Erwin Elementary School and the construction of a new 700 student capacity Erwin Elementary School. The new Erwin Elementary School will combine the student populations from the current Erwin Elementary and Gentry Primary schools. Section 2. The following expenditures are hereby amended for this project: Construction Construction - Site Work Demolition Engineering / Design Surveying Geotechnical Furnishings Contingency Total Original Ordinance Amended Adjustment Ordinance $ 16,963,200 $ 3,482,840 1,000,000 1,226,762 25,000 25,000 350,000 408,921 4,018,277 $ 23,481,723 $ 4,018,277 Section 3. The following revenues are hereby amended for this project: Original Ordinance Adjustment Debt Proceeds $ 23,481,723 $ 4,018,277 $ 16,963,200 3,482,840 1,000,000 1,226,762 25,000 25,000 350,000 4,427,198 $ 27,500,000 Amended Ordinance $ 27,500,000 Section 4. The original project ordinance, approved on June 3, 2019, is being revised to coincide with the proposed bond resolution which authorizes the issuance of general obligation school bonds, series 2020, in an amount not to exceed $27,500,000. The additional authorization has been added to contingency until further direction is received from the Harnett County Board of Education. Duly adopted this 15th day of A TEST: ar aret Regina W strong roots ler, Clerk to the Board ew growth and Penny, airman Ha tt County Board of Co missioners ATTACHMENT 7 EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS A Regular Meeting of the Board of Commissioners (the "Board") of the County of Harnett, North Carolina was held on Monday, June 15, 2020, at 6:00 p.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 420 McKinney Parkway, Lillington, North Carolina, Howard Penny, Jr., Chairman of the Board of Commissioners of the County of Harnett, North Carolina, presiding and the following Commissioners present: Commissioners Present: Joe Miller, Vice Chairman Mark B. Johnson, Commissioner Gordon Springle, Commissioner Barbara McKoy, Commissioner Commissioners Absent: N/A Commissioner Barbara McKoy introduced the following resolution (the "Resolution"), a summary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board of Commissioners and which was read by title: RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT NORTH CAROLINA PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS, SERIES 2020 WHEREAS, the Bond Order (as defined below) has been adopted, and it is desirable to make provision for the issuance of the bonds authorized by the Bond Order; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett, North Carolina (the "Board of Commissioners") as follows: Section 1. For purposes of this Resolution, the following words will have the meanings ascribed to them below: "Bond Order" means the Bond Order relating to the Projects which the Board of Commissioners adopted on July 21, 2014 and approved by the vote of a majority of the voters who voted thereon at a referendum duly called and held on November 4, 2014. "Federal Securities" means, to the extent permitted by the General Statutes of North Carolina, as amended, (a) direct obligations of the United States of America for the timely payment of which the full faith and credit of the United States of America is pledged; (b) obligations issued by any agency controlled or supervised by and acting as an instrumentality of the United States of America, the timely payment of the principal of and interest on which is fully guaranteed as full faith and credit obligations of the United States of America (including any securities described in (a) or (b) issued or held in the name of the Trustee in book -entry form on the books of the Department of Treasury of the United States of America), which obligations, in either case, are held in the name of a trustee and are not subject to redemption or purchase prior to maturity at the option of anyone other than the holder; (c) any bonds or other obligations of the State of North Carolina or of any agency, instrumentality or local governmental unit of the State of North Carolina which are (1) not callable prior to maturity or (2) as to which irrevocable instructions have been given to the trustee or escrow agent with respect to such bonds or other obligations by the obligor to give due notice of redemption and to call such bonds for redemption on the date or dates specified, and which are rated by Moody's, if the 2020 Bonds are rated by Moody's, and S&P, if the 2020 Bonds are rated by PPAB 5458445v5 S&P, within the two highest rating categories and which are secured as to principal, redemption premium, if any, and interest by a fund consisting only of cash or bonds or other obligations of the character described in clause (a) or (b) hereof which fund may be applied only to the payment of such principal of and interest and redemption premium, if any, on such bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates pursuant to such irrevocable instructions, as appropriate; or (d) direct evidences of ownership of proportionate interests in future interest and principal payments on specified obligations described in (a) held by a bank or trust company as custodian, under which the owner of the investment is the real party in interest and has the right to proceed directly and individually against the obligor on the underlying obligations described in (a), and which underlying obligations are not available to satisfy any claim of the custodian or any person claiming through the custodian or to whom the custodian may be obligated. "Finance Officer" means the County's Finance Officer, or such other officer of the County designated as the Finance Officer. "Moody's" means Moody's Investors Service, a corporation organized and existing under the laws of the State of Delaware, its successors and their assigns and, if such corporation for any reason no longer performs the functions of a securities rating agency, "Moody's" will be deemed to refer to any other nationally recognized rating agency other than S&P designed by the County. "Pricing Certificate" means the certificate of the County's Finance Officer delivered in connection with the issuance of the 2020 Bonds which establishes, with respect to the 2020 Bonds, the fmal maturity amounts, the interest payment dates and the provisions for redemption. "Projects" means providing for the construction, renovation, improvement, equipping and furnishing of public school facilities within the County, including the acquisition of land, rights-of-way and easements required therefor. "S&P" means S&P Global Ratings, its successors and their assigns and, if such corporation for any reason no longer performs the functions of a securities rating agency, "S&P" will be deemed to refer to any other nationally recognized rating agency other than Moody's designed by the County. "2020 Bonds" means the County's General Obligation School Bonds, Series 2020 authorized under the Bond Order. Section 2. The County shall issue not to exceed $27,500,000 in total aggregate principal amount of its 2020 Bonds. Section 3. Unless the Finance Officer provides otherwise in the Pricing Certificate, the 2020 Bonds shall be dated their date of issuance and pay interest semiannually on April 1 and October 1, beginning April 1, 2021. The 2020 Bonds are being issued to provide funds (1) to finance the capital costs of a portion of the Projects pursuant to and in accordance with the Bond Order and (2) to pay the costs of issuing the 2020 Bonds. Section 4. The Board of Commissioners has ascertained and hereby determines that the average period of usefulness of the capital projects being financed by the proceeds of the 2020 Bonds is not less than 25 years computed from the date of issuance of the 2020 Bonds. Section S. The 2020 Bonds are payable in annual installments on October 1 in each year, unless the Finance Officer establishes a different date in her Pricing Certificate. The maturities of the 2020 Bonds will be as set forth in the Pricing Certificate. 2 PPAB 5458445v5 Section 6. The 2020 Bonds are to be numbered from "R-1" consecutively and upward. All 2020 Bonds shall bear interest from their date at a rate or rates which shall be hereafter determined on the sale thereof computed on the basis of a 360 -day year of twelve 30 -day months. Section 7. The 2020 Bonds are to be registered as to principal and interest, and the Finance Officer is directed to maintain the registration records with respect thereto. The 2020 Bonds shall bear the original or facsimile signatures of the Chairman of the Board of Commissioners or the County Manager and the Clerk to the Board of Commissioners of the County. An original or facsimile of the seal of the County is to be imprinted on each of the 2020 Bonds. Section 8. The 2020 Bonds will initially be issued by means of a book -entry system with no physical distribution of bond certificates made to the public. One bond certificate for each maturity will be issued to The Depository Trust Company, New York, New York ("DTC"), and immobilized in its custody. A book -entry system will be employed, evidencing ownership of the 2020 Bonds in principal amounts of $5,000 or integral multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC. Interest on the 2020 Bonds will be payable to DTC or its nominee as registered owner of the 2020 Bonds in immediately available funds. The principal of and interest on the 2020 Bonds will be payable to owners of 2020 Bonds shown on the records of DTC at the close of business on the 15th day of the month preceding an interest payment date or a bond payment date. The County will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. If (a) DTC determines not to continue to act as securities depository for the 2020 Bonds or (b) the Finance Officer of the County determines that the continuation of the book -entry system of evidence and transfer of ownership of the 2020 Bonds would adversely affect the interests of the beneficial owners of the 2020 Bonds, the County will discontinue the book -entry system with DTC in accordance with DTC's rules and procedures. If the County fails to identify another qualified securities depository to replace DTC, the County will authenticate and deliver replacement bonds in accordance with DTC's rules and procedures. Section 9. If the Pricing Certificate designates a date for the 2020 Bonds on and after which the 2020 Bonds are subject to redemption, then such 2020 Bonds are subject to redemption before maturity, at the option of the County, from any money that may be made available for such purpose, either in whole or in part on any date on or after the date set forth in the Pricing Certificate, at the principal amount of the 2020 Bonds to be redeemed, together with interest accrued thereon to the date fixed for redemption, with such redemption premium, if any, designated for the 2020 Bonds in the Pricing Certificate. If the 2020 Bonds are subject to optional redemption and if less than all the 2020 Bonds are called for redemption, the County shall select the maturity or maturities of the 2020 Bonds to be redeemed in such manner as the County in its discretion may determine, and DTC and its participants shall determine which 2020 Bonds within a maturity are to be redeemed by lot; provided, however, that the portion of any 2020 Bond to be redeemed must be in principal amount of $5,000 or integral multiples thereof and that, in selecting 2020 Bonds for redemption, each 2020 Bond is to be considered as representing that number of 2020 Bonds which is obtained by dividing the principal amount of such 2020 Bond by $5,000. When the County elects to redeem any 2020 Bonds, notice of such redemption of such 2020 Bonds, stating the redemption date, redemption price and identifying the 2020 Bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there are due and payable on each 2020 Bond or portion thereof so to be redeemed, the principal thereof and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue, is to be given not less than 30 days nor more than 60 days before the redemption date in writing to DTC or its nominee as the registered owner of such 2020 Bonds, by prepaid certified or registered United States mail (or by such other means as may be permitted by DTC's rules and procedures), at the address DTC provides to the County, 3 PPAB 5458445v5 but any failure or defect in respect of such mailing will not affect the validity of the redemption. If DTC is not the registered owner of such 2020 Bonds, the County will give notice at the time set forth above by prepaid first class United States mail, to the then -registered owners of such 2020 Bonds or portions thereof to be redeemed at the last address shown on the registration books the County keeps. The County will also mail or transmit by facsimile or electronic submission a copy of the notice of redemption within the time set forth above (1) to the Local Government Commission of North Carolina (the "Commission") and (2) to the Municipal Securities Rule Making Board (the "MSRB") in an electronic format as prescribed by the MSRB. If at the time of mailing of the notice of redemption there is not on deposit money sufficient to redeem the 2020 Bonds called for redemption, such notice may state that it is conditional on the deposit of money for the redemption on the date of redemption as set forth in the notice. Any notice, once given, may be withdrawn by notice delivered in the same manner as the notice of redemption was given. Section 10. The 2020 Bonds and the provisions for the registration of the 2020 Bonds and for the approval of the 2020 Bonds by the Secretary of the Commission are to be in substantially the form set forth in Exhibit A hereto. Section 11. The Finance Officer is hereby authorized to execute a non -arbitrage certificate with respect to the 2020 Bonds to comply with Section 148 of the Code and the applicable Income Tax Regulations thereunder. Section 12. The Finance Officer is hereby directed to create and establish a special fund to be designated "County of Harnett, North Carolina General Obligation School Bonds, Series 2020 Project Fund" (the "Project Fund") and may establish separate accounts within the Project Fund related to each of the Projects or otherwise track the expenditures related to each of the Projects. The Finance Officer shall deposit the proceeds from the sale of the 2020 Bonds in the Project Fund. The Finance Officer shall invest and reinvest any money held in the Project Fund as the laws of the State of North Carolina permit and the income, to the extent the Code permits, is to be retained in the Project Fund and applied with the proceeds of the 2020 Bonds to pay the costs of the Projects, as the Finance Officer directs. The Finance Officer shall keep and maintain adequate records pertaining to the Project Fund and all disbursements therefrom so as to satisfy the requirements of the laws of the State of North Carolina and to assure that the County maintains its covenants with respect to the exclusion of the interest on the 2020 Bonds from gross income for purposes of federal income taxation. Section 13. Actions taken by officials of the County to select paying and transfer agents, and a bond registrar, or alternate or successor agents and registrars pursuant to Section 159E-8 of the Registered Public Obligations Act, Chapter 159E of the General Statutes of North Carolina, are authorized and approved. Section 14. The Commission is hereby requested to sell the 2020 Bonds through a competitive sale to the bidder whose bid results in the lowest interest cost to the County, determined on the basis of the true interest cost method. Section 15. The Chairman of the Board, the County Manager, the Clerk to the Board and the Finance Officer (individually and collectively, the "Authorized Officers") are hereby authorized and directed to cause the 2020 Bonds to be prepared and, when they shall have been duly sold by the Commission, to execute the 2020 Bonds and to turn the 2020 Bonds over to the registrar and transfer agent of the County for delivery through the facilities of DTC to the purchaser or purchasers to whom they may be sold. 4 PPAB 5458445v5 Section 16. The form and content of the Notice of Sale and the Preliminary Official Statement, together with the final Official Statement related to the 2020 Bonds (collectively, the "Official Statement"), are in all respects authorized, approved and confirmed, and the Authorized Officers are authorized, empowered and directed to execute and deliver the Official Statement in substantially the form and content presented to the Board, but with such changes, modifications, additions or deletions therein as seem necessary, desirable or appropriate to the Authorized Officers, their execution thereof to constitute conclusive evidence of the approval of the Board of any and all changes, modifications, additions or deletions therein from the form and content of the Official Statement presented to the Board. Section 17. The Authorized Officers are authorized and directed to execute and deliver for and on behalf of the County any additional certificates, documents, opinions or other papers and perform all other acts as the documents contemplated hereinabove may require or as may be deemed necessary or appropriate to implement and carry out the intent and purposes of this Resolution. Section 18. The County agrees, in accordance with Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission (the "SEC') and for the benefit of the Registered Owners and beneficial owners of the 2020 Bonds, to provide to the MSRB: (1) by not later than seven months after the end of each Fiscal Year, beginning with the Fiscal Year ending June 30, 2020, in an electronic format as prescribed by the MSRB, the audited financial statements of the County for such Fiscal Year, if available, prepared in accordance with Section 159-34 of the General Statutes of North Carolina, as it may be amended from time to time, or any successor statute, or if such audited financial statements are not then available, unaudited financial statements of the County for such Fiscal Year to be replaced subsequently by audited financial statements of the County to be delivered within 15 days after such audited financial statements become available for distribution; (2) by not later than seven months after the end of each Fiscal Year, beginning with the Fiscal Year ending June 30, 2020, the financial and statistical data as of a date not earlier than the end of such Fiscal Year for the type of information included under the captions "THE COUNTY --DEBT INFORMATION" and "--TAX INFORMATION" (excluding information on underlying and overlapping units) in the Official Statement; (3) in a timely manner not in excess of 10 business days after the occurrence of the event, notice of any of the following events with respect to the 2020 Bonds: (a) principal and interest payment delinquencies; (b) non-payment related defaults, if material; (c) unscheduled draws on the debt service reserves reflecting financial difficulties; (d) unscheduled draws on any credit enhancements reflecting financial difficulties; (e) substitution of any credit or liquidity providers, or their failure to perform; (f) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701- 5 PPAB 5458445v5 TEB) or other material notices or determinations with respect to the tax status of the 2020 Bonds or other material events affecting the tax status of the 2020 Bonds; (g) modification of the rights of the Beneficial Owners of the 2020 Bonds, if material; (h) call of any of the 2020 Bonds, if material, and tender offers; (i) defeasance of any of the 2020 Bonds; (j) release, substitution or sale of any property securing repayment of the 2020 Bonds, if material; (k) rating changes; (1) bankruptcy, insolvency, receivership or similar event of the Board; (m) the consummation of a merger, consolidation, or acquisition involving the Board or the sale of all or substantially all of the assets of the County, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to such actions, other than pursuant to its terms, if material; (n) the appointment of a successor or additional trustee, or the change in the name of a trustee, if material; (o) incurrence of a financial obligation of the County, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the County, any of which affect securities holders, if material; and (p) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the County, any of which reflect financial difficulties; and (4) in a timely manner, notice of the County's failure to provide the required annual financial information described in (1) and (2) above on or before the date specified. For purposes of this undertaking, "financial obligation" means (a) a debt obligation, (b) a derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation, or (c) a guarantee of either clause (a) or (b) above. The term "financial obligation" shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. The County agrees that its undertaking under this Section is intended to be for the benefit of the registered owners and the beneficial owners of the 2020 Bonds and is enforceable by any of the registered owners and the beneficial owners of the 2020 Bonds, including an action for specific performance of the County's obligations under this Section, but a failure to comply will not be an event of default and will not result in acceleration of the payment of the 2020 Bonds. An action must be instituted, had and maintained in the manner provided in this Section for the benefit of all of the registered owners and beneficial owners of the 2020 Bonds. 6 PPAB 5458445v5 All documents provided to the MSRB as described in this Section shall be provided in an electronic format as prescribed by the MSRB and accompanied by identifying information as prescribed by the MSRB. The County may discharge its undertaking described above by providing such information in a manner the SEC subsequently authorizes in lieu of the manner described above. The County may modify from time to time, consistent with the Rule, the information provided or the format of the presentation of such information, to the extent necessary or appropriate in the judgment of the County, but: (1) any such modification may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law or change in the identity, nature or status of the County; (2) the information to be provided, as modified, would have complied with the requirements of the Rule as of the date of the Official Statement, after taking into account any amendments or interpretations of the Rule as well as any changes in circumstances; (3) any such modification does not materially impair the interest of the registered owners or the beneficial owners, as determined by nationally recognized bond counsel or by the approving vote of the registered owners of a majority in principal amount of the 2020 Bonds. Any annual fmancial information containing modified operating data or financial information will explain, in narrative form, the reasons for the modification and the impact of the change in the type of operating data or financial information being provided. The provisions of this Section terminate on payment, or provision having been made for payment in a manner consistent with the Rule, in full of the principal of and interest on the 2020 Bonds. Section 19. This Resolution, other than Section 18, may be amended or supplemented, from time to time, without the consent of the owners of the 2020 Bonds if in the opinion of nationally recognized bond counsel, such amendment or supplement would not adversely affect the interests of the owners of the 2020 Bonds and would not cause the interest on the 2020 Bonds to be included in the gross income of a recipient thereof for federal income tax purposes. This Resolution may be amended or supplemented with the consent of the owners of a majority in aggregate principal amount of the outstanding 2020 Bonds, exclusive of 2020 Bonds, if any, the County owns, but a modification or amendment (1) may not, without the express consent of any owner of 2020 Bonds, reduce the principal amount of any 2020 Bond, reduce the interest rate payable on it, extend its maturity or the times for paying interest, change the monetary medium in which principal and interest is payable, or reduce the percentage of consent required for amendment or modification and (2) as to an amendment to Section 18, must be limited as described therein. Any act done pursuant to a modification or amendment consented to by the owners of the 2020 Bonds is binding on all owners of the 2020 Bonds and will not be deemed an infringement of any of the provisions of this Resolution, whatever the character of the act may be, and may be done and performed as fully and freely as if expressly permitted by the terms of this Resolution, and after consent has been given, no owner of a 2020 Bond has any right or interest to object to the action, to question its propriety or to enjoin or restrain the County from taking any action pursuant to a modification or amendment. If the County proposes an amendment or supplemental resolution to this Resolution requiring the consent of the owners of the 2020 Bonds, the Registrar shall, on being satisfactorily indemnified with respect to expenses, cause notice of the proposed amendment to be sent to each owner of the 2020 Bonds then outstanding by first-class mail, postage prepaid, to the address of such owner as it appears on the 7 PPAB 5458445v5 registration books; but the failure to receive such notice by mailing by any owner, or any defect in the mailing thereof, will not affect the validity of any proceedings pursuant hereto. Such notice shall briefly set forth the nature of the proposed amendment and shall state that copies thereof are on file at the principal office of the Registrar for inspection by all owners of the 2020 Bonds. If, within 60 days or such longer period as shall be prescribed by the County following the giving of such notice, the owners of a majority in aggregate principal amount of 2020 Bonds then outstanding have consented to the proposed amendment, the amendment will be effective as of the date stated in the notice. Section 20. Nothing in this Resolution precludes (a) the payment of the 2020 Bonds from the proceeds of refunding bonds or (b) the payment of the 2020 Bonds from any legally available funds. If the County causes to be paid, or has made provisions to pay, on maturity or on redemption before maturity, to the owners of the 2020 Bonds the principal of the 2020 Bonds (including interest to become due thereon), through setting aside trust funds or setting apart in a reserve fund or special trust account created pursuant to this Resolution or otherwise, or through the irrevocable segregation for that purpose in some sinking fund or other fund or trust account with an escrow agent or otherwise, money sufficient therefor, including, but not limited to, interest earned or to be earned on Federal Securities, the County shall so notify each rating agency then rating the 2020 Bonds, and then such 2020 Bonds shall be considered to have been discharged and satisfied, and the principal of the 2020 Bonds (including and interest thereon) shall no longer be deemed to be outstanding and unpaid; provided, however, that nothing in this Resolution requires the deposit of more than such Federal Securities as may be sufficient, taking into account both the principal amount of such Federal Securities and the interest to become due thereon, to implement any such defeasance. If such a defeasance occurs and after the County receives an opinion of a nationally recognized verification agent that the segregated money or Federal Securities together with interest earnings thereon are sufficient to effect a defeasance, the County shall execute and deliver all such instruments as may be necessary to effect such a defeasance and desirable to evidence such release, discharge and satisfaction. The County shall make provisions for the mailing of a notice to the owners of the 2020 Bonds that such money is available for such payment. Section 21. If any one or more of the agreements or provisions herein is held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or for any reason whatsoever is held invalid, then such covenants, agreements or provisions are null and void and separable from the remaining agreements and provisions and will in no way affect the validity of any of the other agreements and provisions hereof or of the 2020 Bonds authorized hereunder. Section 22. All resolutions or parts thereof of the Board of Commissioners in conflict with the provisions herein are, to the extent of such conflict, hereby superseded and repealed. Section 23. This Bond Resolution is effective on its adoption. On motion of Commissioner Barbara McKoy, seconded by Vice Chairman Miller, the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT NORTH CAROLINA PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS, SERIES 2020" was duly adopted by the following vote: AYES: 5 NAYS: 0 8 PPAB 5458445v5 APPENDIX A FORM OF 2020 BOND No. R- $ UNITED STATES OF AMERICA STATE OF NORTH CAROLINA COUNTY OF HARNETT INTEREST RATE MATURITY DATE DATED DATE CUSIP OCTOBER 1, REGISTERED OWNER: CEDE & CO. PRINCIPAL SUM: JULY 23, 2020 DOLLARS GENERAL OBLIGATION SCHOOL BOND, SERIES 2020 THE COUNTY OF HARNETT, NORTH CAROLINA (the "County") acknowledges itself indebted and for value received promises to pay to the Registered Owner named above, on the Maturity Date specified above, upon surrender hereof, the Principal Sum shown above and to pay to the Registered Owner hereof interest thereon from the date of this 2020 Bond until it shall mature at the Interest Rate per annum specified above, payable on April 1, 2021 and semiannually thereafter on October 1 and April 1 of each year. Principal of and interest on this 2020 Bond are payable in immediately available funds to The Depository Trust Company ("DTC") or its nominee as registered owner of the 2020 Bonds and is payable to the owner of the 2020 Bonds shown on the records of DTC at the close of business on the 15th day of the month preceding an interest payment date or a bond payment date. The County is not responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. This 2020 Bond is issued in accordance with the Registered Public Obligations Act, Chapter 159E of the General Statutes of North Carolina, and pursuant to The Local Government Finance Act, the Bond Order adopted by the Board of Commissioners on July 21, 2014 and approved by the vote of a majority of the voters who voted thereon at a referendum duly called and held on November 4, 2014. The 2020 Bonds are being issued to provide funds to pay the capital costs of providing for the construction, renovation, improvement, equipping and furnishing of public school facilities within the County, including the acquisition of land, rights-of-way and easements required therefor and to pay the costs of issuing the 2020 Bonds. [The 2020 Bonds maturing on or before October 1, 2030 will not be subject to redemption prior to maturity. The 2020 Bonds maturing on and after October 1, 2031 will be subject to redemption prior to maturity, at the option of the County, from any money that may be made available for such purpose, either in whole or in part on any date on or after October 1, 2030. Any 2020 Bonds called for redemption will be redeemed at the redemption price of the principal amount of 2020 Bonds to be so redeemed, plus accrued interest to the redemption date.] If less than all of the 2020 Bonds are called for redemption, the County shall select the maturity or maturities of the 2020 Bonds to be redeemed in such manner as the County in its discretion may determine and DTC and its participants shall determine which of the 2020 Bonds within a maturity are to be redeemed A-1 PPAB 5458445v5 in accordance with its rules and procedures; provided, however, that the portion of any 2020 Bond to be redeemed shall be in principal amount of $5,000 or integral multiples thereof and that, in selecting 2020 Bonds for redemption, each 2020 Bond shall be considered as representing that number of 2020 Bonds which is obtained by dividing the principal amount of such 2020 Bond by $5,000. Whenever the County elects to redeem 2020 Bonds, notice of such redemption of 2020 Bonds, stating the redemption date, redemption price and any conditions to the redemption and identifying the 2020 Bonds or portions thereof to be redeemed by reference to their numbers and further stating that on such redemption date there shall become due and payable on each 2020 Bond or portion thereof so to be redeemed, the principal thereof, and interest accrued to the redemption date and that from and after such date interest thereon shall cease to accrue, shall be given not less than 30 days nor more than 60 days before the redemption date in writing to DTC or its nominee as the registered owner of the 2020 Bonds, by prepaid certified or registered United States mail (or by such other means as permitted by DTC's rules and procedures), at the address provided to the County by DTC, but any failure or defect in respect of such mailing will not affect the validity of the redemption. If DTC is not the registered owner of the 2020 Bonds, the County will give notice at the time set forth above by prepaid first class United States mail, to the then -registered owners of the 2020 Bonds or portions thereof to be redeemed at the last address shown on the registration books kept by the County. It is hereby certified and recited that all conditions, acts and things required by the Constitution or statutes of the State of North Carolina to exist, be performed or happen precedent to or in the issuance of this 2020 Bond, exist, have been performed and have happened, and that the amount of this 2020 Bond, together with all other indebtedness of the County, is within every debt and other limit prescribed by said Constitution or statutes. The faith and credit of the County are hereby pledged to the punctual payment of the principal of and interest on this 2020 Bond in accordance with its terms. This 2020 Bond shall not be valid or become obligatory for any purpose until the certification hereon shall have been signed by an authorized representative of the Commission. A-2 PPAB 5458445v5 IN WITNESS WHEREOF, the County has caused this bond to bear the original or facsimile of the signatures of the Chairman of the Board of Commissioners of the County and the Clerk to the Board of Commissioners of the County and an original or facsimile of the seal of the County to be imprinted hereon and this bond to be dated as of the Dated Date above. (SEAL) Clerk to the Board of Commissioners Chairman Date of Execution: June 15, 2020 The issue hereof has been approved under the provisions of The Local Government Bond Act. Secretary of the Local Government Commission A-3 PPAB 5458445v5 FORM OF ASSIGNMENT ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto (Please print or typewrite Name and Address, including Zip Code, and Federal Taxpayer Identification or Social Security Number of Assignee) the within 2020 Bond and all rights thereunder, and hereby irrevocably constitutes and appoints Attorney to register the transfer of the within 2020 Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: Signature guaranteed by: NOTICE: Signature must be guaranteed by a Participant in the Securities Transfer Agent Medallion Program ("Stamp") or similar program. PPAB 5458445v5 NOTICE: The signature to this assignment must correspond with the name as it appears on the face of the within 2020 Bond in every particular, without alteration, enlargement or any change whatever. TRANSFER FEE MAY BE REQUIRED A-4 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 PROVIDING FOR THE ISSUANCE OF GENERAL OBLIGATION SCHOOL BONDS, SERIES 2020" adopted by the Board of Commissioners of the County of Harnett, North Carolina in regular session convened on the 1st day of June, 2020. WITNESS my hand and the seal of the County of Harnett, North Carolina, this ay of June, 2020 (SEAL) PPAB 5458445v5 tdr4t Regina W ler, `� Cle the Board f ommissioners Cou of Harnett, orth Carolina