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HomeMy WebLinkAbout072020mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting July 20, 2020 The Harnett County Board of Commissioners met in regular session on Monday, July 20, 2020, in the Commissioners Meeting Room, County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Due to COVID-19 this meeting was open to a limited number of the public to attend in person, wearing required face coverings and maintaining the recommended social distancing of six feet, as the Board and staff continued to demonstrate compliance with State law and prudent public health practices. Citizens and staff were also provided options for listening to the meeting live. Members present: Staff present: Howard Penny, Jr., Chairman Joe Miller, Vice Chairman Mark B. Johnson, Commissioner Barbara McKoy, Commissioner Gordon Springle, Commissioner Paula Stewart, County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Chairman Penny called the meeting to order at 6:00 pm. Commissioner Barbara McKoy led the Pledge of Allegiance and Invocation. Chairman Penny called for any additions or deletions to the published agenda. Mrs. Stewart requested to add for consideration the following: 1) #394 Budget Amendment for $12,696 to budget the award of EMPG-S COVID-19 related supplemental money; 2) #610 Budget Amendment for $193,671 to budget the transfer of funds for the initial DHS CARES payment for medical service providers; 3) The Board of Election's request for approval to accept CARES Act funds in the amount of $136,005. These funds will be used to prevent, prepare for, and respond to the coronavirus pandemic during the 2020 federal election cycle; and 4) The Board of Election's request for approval to accept HAVA funds through a reimbursement process in the amount of $10,000 - $250,000, depending on available funding. These funds will be used to prevent, prepare for, and respond to the coronavirus pandemic during the 2020 federal election cycle. Vice Chairman Miller moved to approve the agenda as amended. Commissioner Springle seconded the motion that passed unanimously. July 20, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 8 Commissioner Springle moved to approve items on the consent agenda. Commissioner McKoy seconded the motion, which passed unanimously. 1. Minutes: June 30, 2020 Special Session July 6, 2020 Regular Meeting 2. Budget Amendments: 257 Health Department Code 1105110 523030 1105110 523040 1105110 524030 1105110 532030 1105110 532070 1105110 582000 1105110 330210 288 Library Code 1106170 555000 1106170 330210 1103900 390985 291 Library Code 5006170 555000 5009800 598100 347 Health Department Code 1105110 519090 1105110 532050 1105110 532070 1105110 532030 1105110 526010 1105110 587000 1105110 532010 1105110 531050 1105110 504010 1105110 502010 1105110 503030 1105110 505010 1105110 507010 1105110 505050 1105110 330210 Public Safety Supplies Medical Supplies M & R Supplies — Infotech Cellular Service Internet Service Non -Cap Asset — Small Federal 560 increase 4,200 increase 4,185 increase 290 increase 138 increase 829 increase 10,202 increase Capital Outlay — Equipment 99,872 increase Federal 74,904 increase Transfer from Capital Reserve 24,968 increase Capital Outlay — Equipment Interfund Transfer — General Other Postage Internet Service Cellular Service Office Supplies Non -Cap Asset Office Telephone Service Training — Registration Expense Allowance Salaries & Wages 401k — General FICA WH Unemployment Insurance State Retirement Federal 24,968 decrease 24,968 increase 19,150 increase 1,650 increase 420 increase 340 increase 2,775 increase 2,225 increase 150 increase 200 increase 500 increase 1,091 increase 22 increase 83 increase 6 increase 98 increase 28,710 increase July 20, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 8 389 Information Technology Department Code 8909420 532010 8909420 532030 8909420 532070 8909420 533040 8909420 543010 8909420 543090 8903500 350410 Telephone Service Cellular Service Internet Service Cable/Satellite Rental — Copiers Rental — Other Equipment Service Charges 394 Emergency Services (ADD-ON) Code 1104411 529090 Emergency Supplies 1104411 330210 Federal 610 Emergency Medical Services (ADD-ON) Code 2908901 502070 Salaries & Wages — Special 2908901 529090 Emergency Supplies 2908901 557000 Capital Outlay — Vehicles 2908901 583000 Non -Cap Asset — Large 3. Tax rebates, refunds and releases 127,800 increase 108,900 increase 149,000 increase 12,300 increase 113,400 increase 23,820 increase 535,220 increase 12,696 increase 12,696 increase 95,500 increase 14,382 increase 46,762 increase 37,027 increase 4. Harnett County Economic Development Council requested approval of amended bylaws clarifying board composition. 5. Harnett County Finance Officer requested approval of the Post -Issuance Compliance Policies & Procedures for Complying with Continuing Disclosure Obligations. Governments that issue publicly traded debt have an obligation to meet continuing disclosure requirements that are identified specifically in a continuing disclosure agreement which are entered into at the time of bond issuance pursuant to SEC Rule 15c2-12. To ensure compliance, units of local government are encouraged to establish written policies and procedures to comply with post -issuance and ongoing requirements of the agreements. 6. Harnett County Health Director requested approval to establish CPT CODE LAB 87635 COVID19 Test for $51.31. 7. Harnett County Health Department requested approval to accept COVID-19 funds in the amount of $10,202 from the Division of Public Health (DPH) for response to the COVID19 pandemic. These funds have been allocated to purchase laptops, sneeze shields, safety gates, hemoglobin lab equipment, wireless headsets and Verizon MiFi and cell phones. These funds must be utilized prior to September 30, 2020. 8. Harnett County Health Director requested approval to accept additional WIC Client Services and WIC Breastfeeding Peer funds in the amount of $28,710 from the N.C. Division of Public Health based on caseload allocation. July 20, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 8 9. Harnett County Emergency Services requested the adoption of the Statewide Mutual Aid Agreement between Harnett County and NC Emergency Management. The Statewide Agreement has been revised to broaden the scope of disasters covered under the agreement. This document is the template for mutual aid response between the County and NC Emergency Management and is required to receive Emergency Management Planning Grant Funds from the federal government. 10. Harnett Regional Water requested approval of write-offs for the 1St quarter of 2020 totaling $21,462.01. All of these accounts have been delinquent for more than three years. The facilitation of these write-offs is an important step in a continuing effort to effectively manage collections and bad debt. 11. Administration, on behalf of multiple County departments, requested approval to accept $712,471 in funding provided through the Mid -Carolina COG Home and Community Care Block Grant as well as approval of the County Summary and Agreement for the Provision of County -Based Aging Services. 12. ADD-ON Harnett County Board of Elections requested approval to accept CARES Act funds in the amount of $136,005. These funds will be used to prevent, prepare for, and respond to the coronavirus pandemic during the 2020 federal election cycle, and 13. ADD-ON Harnett County Board of Elections requested approval to accept HAVA funds through a reimbursement process in the amount of $10,000 - $250,000, depending on available funding. These funds will be used to prevent, prepare for, and respond to the coronavirus pandemic during the 2020 federal election cycle. Chairman Penny opened the meeting for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. Citizens were allowed to speak in person, call in and provide their public comments verbally during this period or submit their public comments in writing prior to the meeting to be read aloud during the meeting as time allowed. No written public comments were received and the following citizens addressed the Board in person: Alan Longman of 234 Hamilton Road in Bunnlevel Rose Teniente of 179 Tilden Howington Drive in Lillington Elizabeth Crudup of 234 Hamilton Road in Bunnlevel Donna McGhie and Angela Thompson, spoke on behalf of their mother Betty Brewington, who lives at 521 Wild Plum Lane in Sanford. There were no appointments. Jay Sikes, Manager of Planning Services, petitioned the Board for a public hearing regarding the proposed rezoning: Case # PLAN 2004-0002 & PLAN 2004-0003, Landowner/Applicant: Omega X, LLC; 14.75 +/- acres (out of 68.64 acres total); Out of Pin #'s 0513-69-2523.000 & 0513-68-5465.000; From Commercial to RA -20M; Intersection of SR # 1121 (Ray Road) & July 20, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 8 SR# 1124 (Rambeaut Road); Anderson Creek Township. Mr. Sikes noted that the site is primarily undeveloped but an automobile related business was on one of the parcels but all will be removed soon. He said the previous owner zoned this portion to Commercial in 2011. Mr. Sikes reported that surrounding land uses consist of individual single-family residences vacant/undeveloped and a few businesses, also single family residential uses that consist of stick - built & manufactured homes. Services available include Harnett County public water and sewer. Mr. Sikes stated that on July 6, 2020, the Harnett County Planning Board voted unanimously (5- 0) to recommend approval of application based on compatibility to the Land Use Plan and due to the existing residential uses in the area. He said no one spoke in opposition. Mr. Sikes stated staff's evaluation as: The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The impact to the surrounding community is reasonable, as the requested zoning district is same as adjacent properties. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning is compatible with the overall land use classification of Medium Density Residential. MDR could have a mixed residential base with lot sizes where public utilities are planned and utilized. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning to RA -20M would maintain the public health, safety and general welfare due to the existing residential uses within the area. The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: Due to the total size of the tracts, this application does not have to be evaluated for a Small Scale Rezoning. Suggested Statement -of -Consistency: Staff concludes that the requested rezoning to RA -20M is compatible with the County's Land Use and would not harm the surrounding community based on the existing residential uses. It is recommended that this rezoning request be approved. Chairman Penny called to order a public hearing on the matter and opened the meeting for comments from the public. Citizens were allowed to speak in person or were allowed to submit their comments regarding the proposed rezoning in writing prior to the meeting or to call in and provide their comments verbally during the meeting. - Wayne Etwoski, the applicant, said these would be single-family homes on 20,000 plus square foot lots. Seeing no one else move and hearing no one speak, and having received no written comments, Chairman Penny closed the public hearing. Commissioner Springle moved to approve the requested rezoning to RA -20M as it would not have an unreasonable impact on the surrounding community based on the adjacent residential uses, residential zoning, as well as the County's Land Use Plan designation for this area. Vice Chairman Miller seconded the motion that passed unanimously. July 20, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 8 Mr. Sikes petitioned the Board for a public hearing regarding the proposed Rezoning: Case # PLAN 2006-0001, Landowner/Applicant: Larkin Rufus Crissman & Dorothy Crissman / Arlene Buchanan Crissman's Heirs; 5.3 +/- acres (out of 14.5 acres total); Out of Pin # 9691-73- 3505.000; From Commercial to RA -30; US Hwy 421 North; Upper Little River Township. Mr. Sikes noted the larger parcel is currently occupied by an older home; the area to be rezoned is vacant with surrounding land uses being farmland and residential uses. Services available include Harnett County public water and private septic tank. Mr. Sikes stated that on July 6, 2020, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of application based on compatibility to the Land Use Plan and due to the existing residential uses in the area. No one spoke in opposition. Mr. Sikes stated staffs evaluation as: The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The requested rezoning change to RA -30 will not have a negative impact on the surrounding properties or the community as it is similar in nature to the existing, adjacent zoning district. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning to RA -30 is compatible with the land use classification of Agricultural & Rural Residential. These are primarily agricultural areas and located outside of existing and future sewer service areas. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning to RA -30 would maintain the public health, safety and general welfare due to the existing residential uses within the area. The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: The request does not need to be evaluated for a Small Scale Rezoning due to the property's size as well as it being adjacent to the proposed zoning district. Suggested Statement -of -Consistency: Staff concludes that the requested rezoning to RA -30 would not have an unreasonable impact on the surrounding community due to adjacent zoning and compatibility with the Harnett County's Land Use Plan. It is recommended that this rezoning request be approved. Chairman Penny called to order a public hearing on the matter and opened the meeting for comments from the public. Citizens could speak in person or were allowed to submit their comments regarding the proposed budget in writing prior to the meeting or to call in and provide their comments verbally during the meeting. - Dorothy Crissman, applicant, spoke in favor of the proposed rezoning. Seeing no one else move and hearing no one speak, and having received no written comments, Chairman Penny closed the public hearing. Commissioner Springle moved to approve the requested rezoning to RA -30 as it would not have an unreasonable impact on the surrounding community due to adjacent residential zoning and compatibility with the Harnett County Land Use Plan. Commissioner Johnson seconded the motion that passed unanimously, July 20, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 8 Mrs. Honeycutt presented for consideration a Resolution Authorizing the Execution and Delivery of a County Installment Financing Obligation and Providing for Certain Other Related Matters Thereto. Mrs. Honeycutt briefly explained that the findings resolution before the Board lists the 10 installment financing debt obligations that have been identified to refinance for lower rates. Mrs. Honeycutt said this would not change the terms of the debts themselves but would enable the County to save in excess of $3 Million over the terms. Commissioner McKoy moved to approve the Resolution Authorizing the Execution and Delivery of a County Installment Financing Obligation and Providing for Certain Other Related Matters Thereto. Commissioner Springle seconded the motion that passed unanimously. (Attachment 1) Chairman Penny called to order a public hearing regarding the Harnett County Board of Commissioner's intent to enter into an installment financing contract with the Harnett County Public Facilities Corporation in an amount not to exceed $90,000,000 (the "Contract") to refinance all or a portion of the County's payment obligations and opened the meeting for comments from the public. Citizens could address the Board in person but were also encouraged to submit their comments regarding the matter in writing prior to the meeting or to call in and provide their comments verbally during the meeting. - Elizabeth Crudup of 234 Hamilton Road in Bunnlevel requested clarification regarding the Harnett County Public Facilities Corporation. Seeing no one else move and hearing no one speak, and having received no written comments, Chairman Penny closed the public hearing. Commissioners will consider an approving resolution that officially authorizes this refinancing on August 3, 2020. Tax Administrator Bill Tyson noted that the Tax Department has done a required audit of taxpayers receiving tax relief through Elderly/Disabled and Disabled Veteran's exclusions. He said they have identified a number of deceased taxpayers whose exemptions have expired, some going back a number of years. Mr. Tyson stated that NC General Statute 105-312 provides a way to address these inappropriately applied exclusions, with a five-year limitation for looking back at misapplied exclusions, with penalties associated with this discovery. He noted that the inappropriately applied exclusions have been corrected for 2020. Mr. Tyson responded that the Tax Department would work with taxpayers to repay the inappropriately applied exclusions if that is the Board's wishes. Commissioner Springle moved to forgive the inappropriately applied exclusions, to start with the 2020 tax year and moving forward since we have a process in place now. Vice Chairman Miller seconded the motion that passed unanimously. Harnett County Health Director John Rouse and Harnett County Emergency Services Director Larry Smith provided an update on COVID-19 and preparedness in the county. July 20, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 7 of 8 Ms. Stewart presented the following reports: Harnett County Annual Employee Turnover Report Public Health Activities Summary — June 2020 NC Department of State Treasurer Retirement Systems Division Contribution -Based Benefit Cap Report Interdepartmental budget amendments There was no new business. Commissioner McKoy moved to go into closed session to discuss certain economic development matters. This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(3). Commissioner Springle seconded the motion which passed unanimously. Commissioner Springle moved that the Board come out of closed session. Vice Chairman Miller seconded the motion which passed unanimously. Commissioner Springle moved to adjourn the meeting at 7:18 pm. Vice Chairman Miller seconded the motion which passed unanimousl ar0 Penny, Jr., Chairm • ;�*�'Y r . g : r: Regina W e - ler, Clerk July 20, 2020 Regular Meeting Minutes Harnett County Board of Commissioners Page 8 of 8 ATTACHMENT 1 EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS * A regular meeting of the Board of Commissioners (the "Board") of the County of Harnett, North Carolina (the "County") was held via electronic means on Monday, July 20, 2020, at 6:00 p.m., Howard L. Penny, Chairman of the Board presiding and the following Commissioners present: Joe Miller, Vice Chairman Mark B. Johnson, Commissioner Gordon Springle, Commissioner Barbara McKoy, Commissioner Commissioners absent: N/A Also present: Paula Stewart, County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Commissioner Barbara McKoy moved that the following resolution (the "Resolution"), a copy of which was available with the Board and which was read by title, be adopted: RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE EXECUTION AND DELIVERY OF A COUNTY INSTALLMENT FINANCING OBLIGATION AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO WHEREAS, the County of Harnett, North Carolina (the "County") is a validly existing political subdivision of the State of North Carolina, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina (the "State"); WHEREAS, the County has the power pursuant to the General Statutes of North Carolina to (1) purchase real and personal property, (2) enter into installment financing contracts in order to finance and refinance the purchase of real and personal property used, or to be used, for public purposes and (3) grant a security interest in some or all of the property purchased to secure repayment of the purchase price; WHEREAS, the Board of Commissioners of the County (the "Board") hereby determines that it is in the best interests of the County to refinance all or a portion of the County's payment obligations under: (a) an Installment Financing Contract dated as of November 1, 2010 (the "2010 Contract") between the County and Bank of America, N.A., the successor to which is Capital One Public Funding, LLC, the outstanding proceeds of which were used to refinance the construction and equipping of Angier Elementary School; (b) an Installment Financing Contract dated as of November 1, 2011 (the "2011 Contract"), between the County and SunTrust Equipment Finance & Leasing Corp., the proceeds of which were used to refinance (i) the construction and equipping of Overhills High School and Lillington-Shawtown Elementary School and (ii) water and sewer system improvements; (c) an Installment Purchase Contract dated as of April 15, 2007, as supplemented and amended by Amendment Number One to the Installment Purchase Contract dated as of April 1, 2015 (as supplemented and amended, the "2015 Contract") with Harnett County Public Facilities Corporation, the proceeds of which were used to refinance (i) the construction, furnishing and equipping of Overhills Elementary School, (ii) the construction, furnishing and equipping of a jail and law enforcement facility, (iii) the construction of a gymnasium at Coats Elementary School, and (iv) the construction of a solid waste transfer station; (d) an Installment Financing Contract dated as of August 1, 2015 (the "2015 First Bank Contract") between the County and First Bank, the proceeds of which were used to (i) refmance the acquisition, construction, renovation, equipping and furnishing of the County's Agricultural Center and Animal Control Center, (ii) fmance various improvements to the County's Public Works Facility, and (iii) finance the acquisition of land; (e) an Installment Financing Contract dated as of April 21, 2016 (the "2016 Contract" and, together with the 2010 Contract, the 2011 Contract, the 2015 Contract and the 2015 First Bank Contract, the "Prior Contracts"), between the County and Regions Capital Advantage, Inc., the proceeds of which were used to refinance (i) the construction, furnishing and equipping of Boone Trail Elementary School and (ii) the construction, furnishing and equipping of additions to Harnett Central High School, Johnsonville Elementary School and Highland Elementary School; (f) the County's Enterprise Systems Revenue Refunding Bond, Series 2015 (the "Revenue Bond"), issued pursuant to a General Trust Indenture dated as of May 15, 2007 and Series Indenture, Number 3 dated as of April 1, 2015, the proceeds of which were used to refinance various water and sewer system improvements; (g) the County's Special Obligation Bond, Series 2013 (the "Special Obligation Bond") issued pursuant to a bond order duly adopted by the Board of the County on December 17, 2012 and a bond resolution duly adopted by the Board on December 17, 2012, the proceeds of which were used to (1) acquire, construct and install a leachate collection system at the Dunn Erwin Landfill facility and (2) make certain improvements to the facility's convenience center and transfer station; and (h) three revolving loans with the State of North Carolina (together with the Prior Contracts, the Revenue Bond and the Special Obligation Bond, the "Prior Obligations"), the proceeds of which were applied to finance various water and sewer system improvements; WHEREAS, in order to accomplish the refinancing of the Prior Obligations, the County proposes to (1) execute and deliver an installment financing contract (the "Contract") in an amount not to exceed $90,000,000 and (2) enter into a deed of trust, security agreement and fixture filing (the "Deed of Trust") related to the County's fee simple interest in one or more of the school facilities that were financed or refinanced with the proceeds of the Prior Contracts, together with the improvements thereon; PPAB 5707546v1 WHEREAS, the Board hereby determines that the refinancing of the Prior Obligations is essential to the County's proper, efficient, and economic operation and to the general health and welfare of its inhabitants and will provide an essential use and permit the County to carry out public functions that it is authorized by law to perform; WHEREAS, the Board hereby determines that entering into the Contract is necessary and expedient for the County by virtue of the findings presented herein; WHEREAS, the County hereby determines that the Contract will allow the County to refinance the Prior Obligations at a favorable interest rate currently available in the financial marketplace and on terms advantageous to the County; WHEREAS, the County hereby determines that the estimated cost of refinancing the Prior Obligations exceeds the amount that can be prudently raised from currently available appropriations, unappropriated fund balances and non -voted bonds that could be issued by the County in the current fiscal year pursuant to Article V, Section 4 of the Constitution of the State; WHEREAS, although the cost of refinancing the Prior Obligations pursuant to the Contract is expected to exceed the cost of refmancing the Prior Obligations pursuant to a bond financing for the same undertaking, the County hereby determines that the cost of refmancing the Prior Obligations pursuant to the Contract and the obligations of the County thereunder are preferable to a general obligation bond financing or revenue bond fmancing for several reasons, including but not limited to the following: (1) the cost of a special election necessary to approve a general obligation bond financing, as required by the laws of the State, would result in the expenditure of significant funds; (2) the time required for a general obligation bond election would cause an unnecessary delay which would thereby decrease the financial benefits of refinancing the Prior Obligations; and (3) insufficient revenues are produced by the facilities financed by the Prior Obligations so as to permit a revenue bond fmancing; WHEREAS, the County has determined and hereby determines that the estimated cost of refinancing the Prior Obligations pursuant to the Contract reasonably compares with an estimate of similar costs under a bond financing for the same undertaking as a result of the fmdings delineated in the above preambles; WHEREAS, the County does not anticipate a future property tax increase to pay Installment Payments falling due under the Contract; WHEREAS, the sums to fall due under the Contract will be adequate but not excessive for its proposed purpose; WHEREAS, Parker Poe Adams & Bemstein LLP, as special counsel, will render an opinion to the effect that entering into the Contract and the transactions contemplated thereby are authorized by law; WHEREAS, no deficiency judgment may be rendered against the County in any action for its breach of the Contract, and the taxing power of the County is not and may not be pledged in any way directly or indirectly or contingently to secure any moneys due under the Contract; WHEREAS, the County is not in default under any of its debt service obligations; WHEREAS, the County's budget process and Annual Budget Ordinance are in compliance with the Local Government Budget and Fiscal Control Act, and external auditors have determined that the County has conformed with generally accepted accounting principles as applied to governmental units in preparing its Annual Budget ordinance; PPAB 5707546 v 1 WHEREAS, past audit reports of the County indicate that its debt management and contract obligation payment policies have been carried out in strict compliance with the law, and the County has not been censured by the North Carolina Local Government Commission (the "Commission"), external auditors or any other regulatory agencies in connection with such debt management and contract obligation payment policies; WHEREAS, the County must obtain the Commission's approval to enter into the Contract; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS: Section 1. Authorization to Negotiate the Contract. The County Manager, the Finance Officer and their designees, with advice from the County Attorney and Special Counsel, are hereby authorized and directed to negotiate on behalf of the County for the refinancing of the Prior Obligations a Contract in a principal amount not to exceed $90,000,000, to be entered into in accordance with the provisions of Section 160A-20 of the General Statutes of North Carolina. All actions of the County, the County Manager, the Finance Officer, the Clerk to the Board, the County Attorney and their respective designees, whether previously or hereinafter taken, in effectuating the proposed financing in a manner consistent with this Resolution are hereby approved, ratified and authorized. Section 2. Application to the Commission. The Finance Officer or her designee is hereby directed to file with the Commission an application for its approval of the Contract and all relevant transactions contemplated thereby on a form prescribed by the Commission and to state in such application such facts and to attach thereto such exhibits regarding the County and its financial condition as may be required by the Commission. Section 3. Financing Team. The County Manager and the Finance Officer, with advice from the County Attorney, are hereby authorized and directed to retain the assistance of Parker Poe Adams & Bernstein LLP, as special counsel, and Davenport & Company LLC, as financial advisor. Section 4. Repealer. All motions, orders, resolutions and parts thereof in conflict herewith are hereby repealed. Section 5. Effective Date. This Resolution is effective on the date of its adoption. On motion of Commissioner Barbara McKoy, and seconded by Commissioner Gordon Springle, the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE EXECUTION AND DELIVERY OF A COUNTY INSTALLMENT FINANCING OBLIGATION AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" was duly adopted by the following vote: AYES: 5 NAYS: 0 PPAB 5707546v1 STATE OF NORTH CAROLINA ss: COUNTY OF HARNETT I, MARGARET REGINA WHEELER, Clerk to the Board of Commissioners of the County of Harnett, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE EXECUTION AND DELIVERY OF A COUNTY INSTALLMENT FINANCING OBLIGATION AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" adopted by the Board of Commissioners of the County of Harnett, North Carolina, at a meeting held on the 20th day of July, 2020. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 20th day of July, 2020. PPAB 5707546v3 MARG T REGINA ' HEELER Clerk �� he Board County of Harnett, North Carolina