031615mHARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
March 16, 2015
The Harnett County Board of Commissioners met in regular session on Monday, March 16,
2015, in the Commissioners Meeting Room, County Administration Building, 102 East Front
Street, Lillington, North. Carolina.
Members present:
Staff present:
Jim Burgin, Chairman
Gordon Springle, Vice Chairman
Abe Elmore, Commissioner
Barbara McKoy, Commissioner
Joe Miller, Commissioner
Joseph Jeffries, Interim County Manager
Paula Stewart, Interim Deputy County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
Chairman Burgin called the meeting to order at 7:00 pm. Boy Scout Troop 794 Scout Master
Jim Martin led the pledge of allegiance. Vice Chairman Springle gave the invocation.
Chairman Burgin called for additions and deletions to the published agenda. Commissioner
Miller moved to approve the agenda as presented. Vice Chairman Springle seconded the motion
which passed unanimously.
Vice Chairman Springle moved to approve the following items listed on the consent agenda.
Commissioner McKoy seconded the motion which passed unanimously.
1. Minutes: March 2, 2015 Regular Meeting
2. Budget Amendments:
273 Airport
Code 110- 6500- 406.43 -16
110 -0000- 356.30 -00
276 Public Buildings
Code 110 -4700- 410.74 -74
110- 4700 - 410.43 -17
283 Emergency Services
Code 110 -5300- 420.60 -33
110- 0000 - 356.30 -00
Maintenance & Repair Equipment
General Funds — Insurance Claims
Capital Outlay — Equipment
Maintenance & Repair Equipment
Materials & Supplies
Reimbursement Insurance Claim
893 increase
893 increase
12,909 increase
12,909 decrease
249 increase
249 increase
March 16, 2015 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 1 of 7
299 Governing Body
Code 110 -4100- 410.33 -44 Assistant District Attorney
110- 0000 - 399.00 -00 Fund Balance Appropriated
32,690 increase
32,690 increase
3. Tax refunds, rebates and release (Attachment 1)
4. Resolution to add roads to state system (Attachment 2)
5. Resolution of the Board of Commissioners of the County of Harnett, North Carolina,
Authorizing the Negotiation of an Amendment to an Installment Purchase Contract and
Providing for Certain Other Related Matters Thereto. (Attachment 3)
6. Resolution of the Board of Commissioners of the County of Harnett, North Carolina,
Directing the Application to the Local Government Commission for Approval of an
Enterprise Systems Revenue Refunding Bond; Requesting Local Government
Commission Approval of the County's Enterprise Systems Revenue Refunding Bond and
Certain Related Matters. (Attachment 4)
7. The Angier Kiwanis Club requested waiver of rental fee for the use of the Commons
Area meeting room for their upcoming 100th Anniversary of Kiwanis Meeting.
8. Approval of revised 2015 Schedule of Meetings of the Harnett County Board of
Commissioners
9. Order the Tax Administrator to advertise, pursuant to NC G.S. 105 -369, unpaid taxes for
the fiscal year 2014 -2015 that constitute a lien on real property. Currently the unpaid
taxes and interest total $2,430,393.43.
Chairman Burgin opened the floor for informal comments by the public, allowing up to 3
minutes for each presentation up to 30 minutes.
— Jerry Revas of 364 Twin Ponds Road in Sanford said he had done some math concerning
distances for the explosive discharge and any kind of distance would probably in effect
ban the stuff given the acreage required. Mr. Revas asked commissioners to consider
adopting an ordinance similar to one in Cumberland County where if you violate a No-
Contact Order you are arrested immediately and are held until a show -cause hearing can
be held. He said his family has had an eight year on -going dispute with their neighbor
and are on their second No- Contact Order.
— John F. Smith Sr. of 780 Leslie Campbell Avenue in Buies Creek, speaking as the
President of the Shawtown High School Alumni Association, asked the commissioners to
please consider turning the old Shawtown High School facility over to the Shawtown
High School Alumni Association instead of disposing and/or demolishing the facility.
The Shawtown High School Alumni Association asked for the opportunity to make the
facility an asset to the Shawtown community and to the entire county. He said they
would do everything possible to make it become an asset and would certainly keep the
County informed as they moved forward.
March 16, 2015 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 2 of 7
Chairman Burgin recognized Bill Morris, Chaiiiiian of the Harnett County Board of Education.
Vice Chairman Springle moved to approve the appointments listed below. Commissioner Miller
seconded the motion which passed unanimously.
SOUTHEASTERN ECONOMIC DEVELOPMENT COMMISSION
Abe Elmore (nominated by Vice Chairman Springle) was reappointed to serve on this
commission for a term of four years ending April 30, 2019.
TOWN OF ERWIN — PLANNING BOARD ETJ MEMBER
James Anthony Godwin of 181 Armstrong Street in Dunn (nominated by Vice Chairman
Springle) was appointed to serve as an ETJ alternate member on the Town of Erwin
Planning Board for a term of three years ending March 2, 2018.
Randy Baker, Senior Zoning Inspector, petitioned the Board for a public hearing regarding the
proposed Explosives Detonation Ordinance. The proposed ordinance is a police power
ordinance requested by Harnett County Planning Services and will be administered by the
Harnett County Sheriff's Office. The reason for the ordinance is increased concerns over the
life, health and safety of Harnett County citizens, as related to the unregulated detonation of
explosives. Mr. Baker gave a brief introduction noting the ordinance is to regulate the
detonation of explosives and cited regulatory authority granted by N.C. General Statute 153A-
128.
Mr. Baker reviewed the proposed ordinance development and review summary provided to
commissioners. The initial ordinance was drafted by Harnett County Planning Department staff
in April 2014. Mr. Baker noted the proposed ordinance was also reviewed by the review panel
comprised of citizens representing all districts of the county. Draft #5 of the proposed ordinance
went to the Harnett County Planning Board on February 2, 2015, where they voted unanimously
to approve as submitted, with a favorable recommendation. The Harnett County Board of
Commissioners, during their February 10th work session, requested further review of a few items
and the current proposed ordinance under consideration is Draft #6.
Chairman Burgin called to order a public hearing on the matter and opened the meeting for
comments from the public.
- Wendy Criss of 551 Fred Burns Road said when you hear such a loud bang you think
someone has hit your house with a car or a plane flew in to it; her whole house shakes
and it scares the daylights out of her. She said things have been very quit since the last
meeting. Ms. Criss said she is surrounded by it and it has been going on for quite a
while. She said she has health issues and is on pins and needles wondering when the next
one is going to come. She said she would appreciate if they would go someplace else and
set them off.
— Aaron Schuler of 261 Highland Forest Drive said he lives close enough to Fort Bragg that
they get that on a continual basis and honestly can't tell if its artillery firing, incoming,
outgoing, military planes flying over and he doesn't know who is actually setting off the
detonations. He said he would think rather than having an ordinance that covers
explosives in general that they could amend the fireworks or noise ordinances. Mr.
March 16, 2015 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 3 of 7
Schuler believes this can be accomplish other ways without nibbling at our second
amendment rights. He said he enjoys shooting big, loud guns. Mr. Schuler said the
federal government already regulates binary explosives even though he is sure people are
mixing more than the limits. He said no one is enforcing the fireworks ordinance on the
books right now so having another rule that is difficult to enforce is not the answer.
— Al Williams said for the last three years people have been going haywire blowing stuff
up. He said everyone in the county knows exactly who is doing it and whose property it
is coming from; there is no mystery if it's Fort Bragg or someone blowing up fireworks
or shooting a gun. Mr. Williams said people are having their homes shaken 4,000 to
5,000 feet from detonation and you don't really know what is being blown up. He said it
really messes up animals, including farm animals, and is causing all types of problems for
people trying to earn a living farming. Mr. Williams said it also causes problems for
military veterans living with PTSD. He said there is absolutely no positives to allowing
people to blow up explosives in a residential neighborhood. Mr. Williams said he has a
petition with 70 signatures which includes some people who blow this stuff up but are fed
up with others blowing up unregulated amounts. Mr. Williams also said this stuff is a fire
hazard. He said he supports the requirement in the proposed ordinance of obtaining
written consent of those within 1,500 feet from point of detonation.
- Carl Reichenbach of 202 Clover Ridge in Neills Creek Farms said he does not see this as
a gun issue but an issue of noise and danger. Mr. Reichenbach said the facts as he sees
them are exploding targets are allowed, they explode, they are easily available, they are
not that expensive and they can be used without discretion. He said there is no necessary
purpose to an exploding target. Mr. Reichenbach said controlling this product with
regulation is not going to work. He said this product affects his quality of life and his
property value. Mr. Reichenbach said it is unrealistic for this Board to try to regulate this
product which he believes will put an unfair and unrealistic burden on law enforcement.
He said the product should be simply banned as there is not place in this county for an
unnecessary dangerous product.
— Paul Williams of 357 Wade Stevenson Road said he really doesn't care what it is, all he
knows is it rocks his windows almost a mile away from his house. Mr. Williams said it is
completely unnecessary, it serves no useful purpose and is a pure disturbance. He said
this has nothing to do with the second amendment; the second amendment is not the right
to bare bombs. Mr. Williams questioned why the language "The Sheriff of Harnett
County, or his/her designee, shall be responsible for the administration and enforcement
of this Ordinance" was removed from the Harnett County Firearms Discharge Ordinance.
Sheriff Rollins responded that the removal of the language changes nothing; a
misdemeanor is a violation in any ordinance. He noted the language was initially
included due to the Chief District Court Judge's interpretation. Sheriff Rollins said if a
misdemeanor is not committed in the presence of an officer, with a few exceptions, he
cannot take action on that. Sheriff Rollins said he felt that that itself may be something
for a defense attorney to hang his hat on; if we charge someone that's in the court for the
hearing, the way it was set up it sounded like only the Sheriff could do that. Sheriff
Rollins said by removing that language, it is a misdemeanor violation like any other
misdemeanor that is on the books and is handled the same way judicially where a Deputy
or citizen may have information that they can bring to the Magistrate in a charge. Mr.
Williams also asked, referring to the proposed Explosives Detonation Ordinance, how
March 16, 2015 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 4 of 7
does a person report a violation and start an investigation. Sheriff Rollins responded you
call the Sheriff's Office, like with any misdemeanor, and they will investigate.
— Robert Yost of 40 Pinecrest Way in Neills Creek Farms said in January of this year
somebody set off a bomb, he said he wouldn't even call it an exploding target ". He said
it shook his house. Mr. Yost said he was outside and could feel the concussion of the
exploding target which momentarily caused pain in his ears. He said he called the Sheriff
and discussed this with him. Mr. Yost said this activity has picked up significantly and is
out of control.
- Clifford Lynch of 1076 Willard Drive said one of the reasons he moved here three years
ago from Atlanta was because of the peace and quiet the county offered. Mr. Lynch said
just because it's legal doesn't necessarily make it right. He said the exploding targets
interfere on his constitutional right to live in peace and quiet.
Seeing no one else move, Chairman Burgin closed the public hearing. Mr. Baker clarified that
this ordinance is not directed specifically toward exploding targets however that is one of the
component of the ordinance. Mr. Baker said this ordinance deals with anything that has an
explosive reaction. He noted these products are sold at as common household chemicals in
unlimited amounts at local hardware and sporting goods stores however when you mix them
together you create a binary explosive. Mr. Baker said they have seen, through their research, 35
pounds of this material mixed together throw a mid -size car approximately 15 feet in the air.
He said there is no regulation on the simple target materials. Mr. Baker said an individual
demolishing a building would be regulated through federal and state laws. ATF said they cannot
do anything unless something is done at the state legislature because at this point is not illegal
the way the chemicals are manufactured and sold.
Commissioner Miller noted that during a demonstration at Range 37 they shot a pound of
material which Mr. Baker confirmed resulted in decimal levels in the 70ies at 1,500 feet. Mr.
Baker said the sound of the gun actually fired to detonate that small of an amount was about the
same decimal level but of course when you mix more material together you get a bigger boom,
bigger noise, and bigger concussion. Vice Chaiiman Springle moved to adopt the Explosive
Detonation Ordinance as presented. Commissioner McKoy seconded the motion which passed 4
to 1 with Commissioner Miller opposing. County Attorney Dwight Snow confirmed adoption of
this ordinance as it was not changed significantly since its introduction.
Mr. Baker petitioned the Board for a public hearing regarding the proposed text amendment to
the Harnett County Firearms Discharge Ordinance. The proposed text amendment; Article 5
Administration, of the police power ordinance was requested by Harnett County Planning
Services and Sheriffs Office and will be administered by the Harnett County Sheriff's Office.
The reason for the proposed text amendment is to remove any misinterpretation of a citizen's
right to seek legal actions against a violator. Mr. Baker clarified they are simply removing
language so it does not lead to any misinterpretation of how this ordinance can be enforced.
Chairman Burgin called to order a public hearing on the matter and opened the meeting for
comments from the public.
— Paul Williams of 357 Wade Stevenson Road confirmed that the previous ordinance was
adopted.
March 16, 2015 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 5 of 7
— Jerry Revas of 364 Twin Ponds Road in Sanford requested clarification from Sheriff
Rollins on how someone would report a violation of the Harnett County Firearms
Discharge Ordinance.
Seeing no one else move, Chairman Burgin closed the public hearing. Vice Chairman Springle
moved to adopt the proposed text amendment to the Harnett County Firearms Discharge
Ordinance as presented. Commissioner Miller seconded the motion which passed unanimously.
Mr. Jeffries presented the following reports:
- Harnett County Veteran Affairs Activities Report — February 2015
- Harnett County Planning Services Report — February 2015
- Interdepartmental budget amendments
Mr. Jeffries noted the recent kick off of the Economic Development Strategic Plan and Land Use
Plan for Harnett County. He said there have been multiple focus group meetings with a lot of
participation and positive feedback. Chair�uan Burgin said he had been approached by the
Angier Town Manager Coley Price who asked about the possibility of Ted Abernathy with
Economic Leadership developing plans targeted for each individual town in the county once the
county plan is complete. Chairman Burgin said this may result in an add -on. Commissioners
asked Mr. Jeffries to follow up on this request.
Mr. Jeffries shared a few preliminary budget numbers with the Board. Mr. Jeffries noted
requests for 85 new full -time positions, 38 new part-time positions, capital totaling $2.3 million,
and 44 new vehicles totaling $1.1 million. Mr. Jeffries also publicly introduced Paula Stewart as
the new Interim Deputy County Manager.
Chairman Burgin called for any new business. Commissioner Miller said we need to revisit the
roadside trash issue in this county. He said he thinks we have enough people sitting in
government confinement that could help us clean these roadsides up. He said it is a shame to
ride through this county and look at the trash that is on the side of the roads which he believes
the majority of the trash comes out of people's vehicles.
Commissioner Miller also said we have a lot of areas in the county with burned out or abandoned
houses. He said there are some areas in his district where ladies, whose husbands are deployed,
are afraid to come out of their homes. Commissioner Miller believes if we can clean up some
neighborhoods then those neighborhoods will be prosperous again. Mr. Jeffries responded that
we already have an established process in place for taking care of these types of homes but the
problem is the final steps require a financial obligation on the County's part to deconstruct these
facilities. Staff confirmed that any abatement cost could be put back on the property owner in
the form of a lien which if not recouped within a designated timeframe we then proceed with
legal action. Chairman Burgin said people need to know we are going to do it, they will have a
certain amount of time to get it straightened out or they will lose it. Commissioner Miller said he
has had some interesting discussions with banks regarding the foreclosure process and banks
having to pay taxes to the County on those homes. He believes we can work with some of those
banks and instead of them putting the property back in the person's name foreclosed on, have
them give it to the County. Commissioners Burgin and Miller said once a property is cleaned up,
March 16, 2015 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 6 of 7
the County could then resale it with the money going back into a revolving fund to clean up more
properties. Chairman Burgin confirmed with Mr. Snow that the County can send infolination to
lenders letting them know they could do this to avoid those taxes.
Mr. Baker noted staff is currently doing something similar to that with the Abandoned Mobile
Home Project Initiative. With this project, Mr. Baker said you must have a party willing to sign
everything over to the County and basically pay the contribution to the program that it costs to
throw materials away. Mr. Baker said there is no funding mechanism currently in place to
address stick built homes. He said they have had some success where citizens have willing
allowed them to take down a structure and actually paid for the demolition. He said funding is
necessary when citizens are not willing and abatement action is needed. Commissioners asked
staff to report back to them with a plan. Mr. Jeffries asked for clarification if they are looking
for this to be implemented immediately or in the upcoming budget. Chaiuiian Burgin said if we
have money available in the budget now to go ahead and get started as soon as possible.
Commissioners and staff continued to discuss this issue. Mr. Baker reviewed the current process
used for someone in violation for a burned out abandoned mobile home. Mr. Jeffries said we
may already have properties that have started through this process but staff needed a financial
commitment to move forward for condemnation. Staff said if they have that funding mechanism
in place then you will start seeing some of these issue being resolved. Mr. Baker noted
technically we do not have minimum housing in Harnett County. He said staff will research the
issue to make sure they would not be violating any state guidelines or statutes without adopting a
Minimum Housing Code. Mr. Baker noted that the task force created to look at problem
properties had previously looked at handling problem properties through the state building code
or through the environmental health department through dangerous and unsafe structures.
Commissioner Miller asked if he could arrange to have a YMCA representative meet with the
Board to discuss the possibility of having a YMCA in the county. It was the consensus of the
Board to invite the YMCA representative to an upcoming work session.
Commissioner McKoy moved that the Board go into closed session to (1) discuss matters
relating to the location or expansion of industries or other businesses in Harnett County; and (2)
to instruct the County staff concerning the position to be taken by the County in negotiating the
terms of a proposed contract for the purchase of real property. This motion is made pursuant to
N.C. General Statute Section 143- 318.11(a)(4) &(5). Vice Chairman Springle seconded the
motion which passed unanimously.
Commissioner Elmore moved that the Board come out of closed session. Vice Chairman
Springle seconded the motion which passed unanimously.
Commissioner Elmore moved to adjourn the meeting at 8:43 pm. Commissioner Miller
seconded the motion which passed unanimously.
ii
Marg. et Regina 11 eeler, Clerk
Burgin,
arch 16, 2015 Regular Meeting Minutes
bSHarnett County Board of Commissioners
Page 7 of 7
Al I ACHMENT 1
Approved by the Hai nth'
Cos /My Board of Commksionert
Date : 03/16/2015
Approved By : soC 14645
TO : HARNETT COUNTY BOARD OF COMMISSIONERS
RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR
ALL MUNICIPALITIES
Name of Tax Tax, Interest Total
0.
Reauest Status
Payer and Penalties Refund
1 WILKINS,
WILLIAM J 0000059393- City 0.00
WILKINS, 0 2014- 2014-
000000
S. KEITH FAULKNER
Revenue Administrator
CC:
S. KEITH FAULKNER
County 68.56
68.56 Refund
City Total 0.00
County Total 68.56
Total to be
Refunded 68.56
Date : 03/16/2015
Approved By : 146 ®�
TO : HARNETT COUNTY BOARD OF COMMISSIONERS
RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR
ALL MUNICIPALITIES
Name of Tax Tax, interest
Na. otal Redest
. Payer 'Bill an.d_. ti
Penalties Refund Status
1 SECU
0002113839- City 0.00
2014- 2014-
000002
S. KEITH FAULKNER
Revenue Administrator
CC:
S. KEITH FAULKNER
County 0.00
City Total
County Total
Total to be
Refunded
1,226.77 Refund
0.00
0.00
0.00
98 HORTON MN WAS REPO'D BY
DEUTSHE FINANCIAL SERVICES 8-10-
13
. „
. . „
. , • .
Reason
HOUSE SHOULD NOT HAVE BEEN
DISCOVERED FOR 2014-RELEASE
HOME AND 1 SW FEE
ATTACHMENT 2
'44 Harnett
C ()UM
RESOLUTION
BE IT RESOLVED that the Harnett County Board of Commissioners
does hereby, by proper execution of this document, request that the North Carolina
Department of Transportation add to the State's Secondary Road System the below
listed street.
Duly adopted this 1
0:• • • • • -s
0
:
= --- •
ATTEST: ‘‘
Carolina Oaks Subdivision
Carolina Oaks Circle
William Bethune Court
Nordica Court
6th day of March, 2015.
HARNETT COUNTY BOARD OF COMMISSIONERS
otAL
Marg ret RegirJ Wheeler
Clerk to the Board
strong roots • new growth
ATTACHMENT 3
EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS
A regular meeting of the Board of Commissioners (the "Board") of the County of Harnett, North
Carolina (the "County") was held on Monday, March 16, 2015, at 7:00 p.m. in the County
Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street,
Lillington, North Carolina, Jim Burgin, Chairman of the Board presiding and the following
Commissioners present:
Jim Burgin, Chairman
Gordon Springle, Vice-Chairman
Abe Elmore, Commissioner
Barbara McKoy, Commissioner
Joe Miller, Commissioner
Commissioners absent: n/a
Also present:
Joseph Jeffries, Interim County Manager
Paula Stewart, Interim Deputy County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
* * *
Vice Chairman Springle moved that the following resolution (the "Resolution"), a copy of which
was available with the Board and which was read by title:
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT,
NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN AMENDMENT TO AN
INSTALLMENT PURCHASE CONTRACT 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 County previously executed and delivered an Installment Purchase Contract dated
as of April 15, 2007 (the "2007 Contract") between the County and Harnett County Public Facilities
Corporation (the "Corporation") to finance, in part, (1) the construction, furnishing and equipping of a
new elementary school to be known as Overhills Elementary School, (2) the construction, furnishing and
equipping a jail and law enforcement center (the "Law Enforcement Facility"), (3) the construction of a
gymnasium at Coats Elementary School, and (4) the construction of a solid waste transfer station
(collectively, the "2007 Projects");
PPAB 2729801v4
WHEREAS, in order to secure its obligations under the 2007 Contract, the County executed and
delivered a Deed of Trust and Security Agreement dated as of April 15, 2007 from the County to the deed
of trust trustee named therein, granting a lien on the real property on which the Law Enforcement Facility
and Overhills Elementary School are located and all improvements thereon;
WHEREAS, the Corporation previously executed and delivered its Certificates of Participation,
Series 2007 (the "2007 Certificates "), evidencing proportionate undivided interests in rights to receive
certain revenues (the "Revenues ") pursuant to the 2007 Contract under an Indenture of Trust dated as of
April 15, 2007 (the "General Indenture "), as supplemented by Supplemental Indenture, Number 1 dated
as of April 15, 2007, each between the Corporation and Regions Bank, as trustee;
WHEREAS, the Board of Commissioners of the County (the "Board") hereby determines that it is
in the best interests of the County to enter into Amendment Number One to the Installment Purchase
Contract (the "Contract Amendment," and together with the 2007 Contract, the "Contract") between the
County and the Corporation in order to refinance the County's installment payment obligations under the
Contract corresponding to the 2007 Certificates maturing on and after December 1, 2018 (collectively,
the "Refunded Certificates ");
WHEREAS, in order to accomplish the refinancing, the County staff and Davenport & Company,
LLC, as the County's financial advisor, have solicited requests for proposals from financial institutions to
purchase a refunding certificate of participation, evidencing proportionate undivided interests in rights to
receive certain Revenues pursuant to the Contract, to be executed and delivered by the Corporation as an
Additional Certificate under the General Indenture (the "2015 Certificate ");
WHEREAS, the Board has previously determined that (1) the acquisition of the 2007 Projects is
essential to the County's proper, efficient, and economic operation and to the general health and welfare
of its inhabitants and (2) the 2007 Projects will provide an essential use and will 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 Amendment is necessary
and expedient for the County by virtue of the findings presented herein;
WHEREAS, the County hereby determines that the Contract Amendment allows the County to
refinance the Refunded Certificates 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 Refunded
Certificates 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 Refunded Certificates pursuant to the Contract
Amendment is expected to exceed the cost of refinancing the Refunded Certificates pursuant to a bond
financing for the same undertaking, the County hereby determines that the cost of refinancing the
Refunded Certificates pursuant to the Contract Amendment and the obligations of the County thereunder
are preferable to a general obligation bond financing or revenue bond financing 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 Refunded Certificates; and
(3) insufficient revenues are produced by the 2007 Projects so as to permit a revenue bond financing;
PPAB 2729801v4
WHEREAS, the County has determined and hereby determines that the estimated cost of
refinancing the Refunded Certificates pursuant to the Contract Amendment reasonably compares with an
estimate of similar costs under a bond financing for the same undertaking as a result of the findings
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 & Bernstein 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;
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 Board hereby reaffirms each of the findings it made with respect to the
2007 Contract and the 2007 Projects in the resolution adopted by the Board on February 5, 2007; and
WHEREAS, the County must obtain the Commission's approval to enter into the Contract
Amendment;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS:
Section 1. Authorization to Negotiate Contract Amendment. 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 Refunded
Certificates under the Contract Amendment in a principal amount not to exceed $31,000,000, 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 refinancing in a manner consistent with this Resolution are hereby approved, ratified and
authorized.
PPAF3 2729801v4
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 Amendment 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 (1) to retain the assistance of Parker Poe
Adams & Bernstein LLP, as special counsel, and Davenport & Company LLC, as financial advisor, and
(2) to select Regions Capital Advantage, Inc. as the initial purchaser of the 2015 Certificate.
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 Vice Chairman Springle, seconded by Commissioner McKoy, the foregoing
resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT,
NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN AMENDMENT TO AN INSTALLMENT
PURCHASE CONTRACT AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" was
duly adopted by the following vote:
AYES: 5
NAYS: 0
PPAB 2729801v4
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
S S:
1, 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 NEGOTIATION OF AN AMENDMENT TO AN INSTALLMENT PURCHASE
CONTRACT 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 16th day of
March, 2015.
WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the
16th day of March, 2015.
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PPAB 2729801v4
*
MARS ARET REG WHEELER
Cler, to the Boar
County of Harnett, North Carolina
ATTACHMENT 4
EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS
A regular meeting of the Board of Commissioners (the "Board") of the County of Harnett, North
Carolina (the "County") was held on Monday, March 16, 2015, at 7:00 p.m. in the County
Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street,
Lillington, North Carolina, Jim Burgin, Chairman of the Board presiding and the following
Commissioners present:
Jim Burgin, Chairman
Gordon Springle, Vice - Chairman
Abe Elmore, Commissioner
Barbara McKoy, Commissioner
Joe Miller, Commissioner
Commissioners absent: n/a
Also present:
Joseph Jeffries, Interim County Manager
Paula Stewart, Interim Deputy County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
Vice Chairman Springle introduced the following resolution, a summary of which had been
provided to each Commissioner, a copy of which was available with the Clerk to the Board and which
was read by title:
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT,
NORTH CAROLINA, DIRECTING THE APPLICATION TO THE LOCAL GOVERNMENT
COMMISSION FOR APPROVAL OF AN ENTERPRISE SYSTEMS REVENUE REFUNDING
BOND; REQUESTING LOCAL GOVERNMENT COMMISSION APPROVAL OF THE
COUNTY'S ENTERPRISE SYSTEMS REVENUE REFUNDING BOND AND CERTAIN
RELATED MATTERS
WHEREAS, the Board of Commissioners (the "Board") of the County of Harnett, North Carolina
(the "County ") hereby determines that it is desirable to refund in advance of their maturities the County's
Enterprise System Revenue Bonds, Series 2007A maturing on and after May 1, 2018 (the "Refunded
Bonds ") in order to achieve debt service savings;
WHEREAS, the Board is considering the issuance of a County of Harnett, North Carolina
Enterprise Systems Revenue Refunding Bond, Series 2015 (the "2015 Bond") in a principal amount not to
exceed $11,000,000, the proceeds of which will be used to refund the Refunded Bonds and to pay the
costs of issuing the 2015 Bond;
WHEREAS, in connection with the issuance of the 2015 Bond, the Board authorizes retaining
Parker Poe Adams & Bernstein LLP, as bond counsel, Davenport & Company LLC, as financial advisor,
and U.S. Bank National Association, as trustee (collectively, the "Financing Team ");
WHEREAS, the County staff and the County's financial advisor have solicited requests for
proposals from financial institutions to purchase the 2015 Bond; and
PPAB 2729389v3
WHEREAS, the Board desires for the Finance Officer and her designees (1) to file with the Local
Government Commission of North Carolina (the "Commission ") an application for its approval of the
2015 Bond on a form prescribed by the Commission; (2) to request in such application that the
Commission approve (a) the negotiation of the sale of the 2015 Bond to a financial institution to be
determined pursuant to the request for proposal process and (b) the County's use of the Financing Team
in connection with the issuance of the 2015 Bond; (3) to state in such application such facts and to attach
thereto such exhibits in regard to the 2015 Bond and to the County and its financial condition as may be
required by the Commission; and (4) to take all other action necessary to the issuance of the 2015 Bond.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF
THE COUNTY OF HARNETT, NORTH CAROLINA, AS FOLLOWS:
Section 1. The 2015 Bond is to be issued by the County for the purpose of providing funds
(1) to refund the Refunded Bonds and (2) to pay the costs of issuing the 2015 Bond. The use of the
proceeds of the 2015 Bond, as described, is necessary in order to achieve debt service savings for the
benefit of the users of the Enterprise System.
Section 2. The Financing Team is hereby approved in connection with the County's
issuance of the 2015 Bond. In addition, the County Manager and the Finance Officer are hereby
authorized and directed to select Regions Capital Advantage, Inc. as the initial purchaser of the
2015 Bond.
Section 3. The Finance Officer, with advice from the County Manager and bond counsel, is
hereby authorized, directed and designated to file an application with the Commission for its approval of
the issuance of the 2015 Bond.
Section 4. The Board finds and determines, and asks the Commission to find and determine
from the County's application and supporting documentation, as follows:
(a) the issuance of the 2015 Bond is necessary or expedient;
(b) the not to exceed stated principal amount of the 2015 Bond will be
sufficient but is not excessive, when added to other money available to
the Combined Enterprise System, to refinance the projects financed with
the Refunded Bonds and achieve debt service savings for the benefit of
the users of the Enterprise System;
(c) the Enterprise System as now constituted is feasible;
(d) the County's debt management procedure and policies are excellent; and
(e) the 2015 Bond can be marketed at a reasonable interest cost to the
County.
Section 5. This Resolution is effective on the date of its adoption.
On motion of Vice Chairman Springle, seconded by Commissioner McKoy, the foregoing
resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT,
NORTH CAROLINA, DIRECTING THE APPLICATION TO THE LOCAL GOVERNMENT COMMISSION FOR
APPROVAL OF AN ENTERPRISE SYSTEMS REVENUE REFUNDING BOND; REQUESTING LOCAL
GOVERNMENT COMMISSION APPROVAL OF THE COUNTY'S ENTERPRISE SYSTEMS REVENUE
REFUNDING BOND AND CERTAIN RELATED MATTERS" was duly adopted by the following vote:
AYES: 5
NAYS: 0
PPAB 2729389v3
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, DIRECTING THE APPLICATION TO THE LOCAL GOVERNMENT COMMISSION FOR
APPROVAL OF AN ENTERPRISE SYSTEMS REVENUE REFUNDING BOND; REQUESTING LOCAL
GOVERNMENT COMMISSION APPROVAL OF THE COUNTY'S ENTERPRISE SYSTEMS REVENUE
REFUNDING BOND AND CERTAIN RELATED MATTERS" adopted by the Board of Commissioners of the
County of Harnett, North Carolina, at a meeting held on the 16th day of March, 2015.
WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the
16th day of March, 2015.
PPAB 2729389v3
Ma r• Bret Regina ' ?eeler
Cler to the Board
County of Harnett, North Carolina