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032111mMembers present: Staff present: HARNETT COUNTY BOARD OF COMMISSIQNERS Minutes of Regular Meeting March 21, 2011 The Harnett County Board of Commissioners met in regular session on Monday, March 21, 2011, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Timothy B. McNeill, Chairman Beatrice B. Hill, Vice Chairman Dan B. Andrews, Commissioner Gary House, Commissioner Jim Burgin, Commissioner Scott Sauer, County Manager Tony Wilder, Deputy County Manager Dwight Snow, County Attorney Sylvia Blinson, Finance Office Gina Wheeler, Clerk Chairman McNeill called the meeting to order at 7:00 p.m. Commissioner Burgin led the pledge and invocation. Chairman McNeill called for additions and deletions to the published agenda. Vice Chairman Hill asked to remove the consent agenda request from the Sheriffs Office to rehire early retiree Kelly Johnson on a part -time basis. Commissioner Burgin asked for clarification regarding Public Utilities Budget Amendment 262 in the amount of $840,252 which was to decrease Triangle Grading budget to reflect final decreasing change order. Mr. Sauer noted the public hearing on the proposed Harnett County Community Transportation Program Application to NC DOT is calendar for April 4, 2011 and would not be held during this meeting. Commissioner Burgin moved to approve the agenda as amended. Commissioner Andrews seconded the motion which passed unanimously. Commissioner House moved to approve the following items on the amended consent agenda. Commissioner Burgin seconded the motion which passed unanimously. 1. Budget Amendments: 262 Public Utilities Department Capital Project PU 014B SCWW Code 553 9100431.45 -05 Construction Triangle Grading 553-9100-431.45-80 Contingency 840,252 decrease 840,252 increase Harnett County Board of Conunissioners March 21, 2011 Regular Meetnig Minutes Page 1 of 7 267 Public Utilities 1003 Brightwater Infrastructure Code 575 9100 431.45 -01 Construction 575-9100-431.45-27 Utilities Plus 269 General Services Code 110- 4600 410.43 -21 Repair and Maintenance Auto 110-0000-356.30-00 Insurance Proceeds 272 Detention Center Project CPO401 Code 313- 8300 410.45 -01 Construction 313-0000-361.10-00 Interest 273 Edward Byrne Justice Assistance Grant Code 110- 0000 331.51 -23 2007 Edward Byrne Grant 110- 0000 399.00 -00 Fund Balance Appropriated 274 Register of Deeds Department Code 110 -0000- 347.15 -00 ROD Birth Records 110- 0000 322.0 -07 State Vitals Birth Records 276 General Services, Youth Services Code 110 --7930 441.12 -00 Human Services/Part Time Salary Wages 110-7930-441.22-00 Human Services/FICA 110-7930-441.60-47 Food and Provisions 110-7930-441.60-33 Materials and Supplies 110-7930-441.60-37 Restitution Supplies 110-7930441.35-06 Restitution Program Paid 110-7930-441.60-396 Uniforms 110-0000-33137-02 Human Services /CBA/Juvenile Restitution 277 EMS/EMS Transport Department Code 110-5400-420.60-46 110- 5401 420.60 -46 110-5400-420.60-33 110- 5400 420.74 -74 110-8800-490.32-16 Medical Supplies Drugs Medical Supplies Drugs Materials Supplies Capital Outlay Contingency 280 Transportation Department Code 110-- 4650 410.41 -11 Telecommunication Postage 110- 8800 490.32 -16 Contingency 283 Cooperative Extension, Agriculture Program Code 110 7300 465.32 -29 Agriculture 110 -0000 344.12 -00 Agriculture 88,289 decrease 88,289 increase 4,437 increase 4,437 increase 94,297 decrease 94,297 decrease 2,891 increase 2,891 decrease 6,500 decrease 6,500 increase 400 increase 37 increase 200 increase 100 increase 923 increase 2,000 increase 340 increase 4,000 increase 384 increase 165 increase 1 ,000 increase 10,000 increase 11,549 decrease 11,874 increase 11,874 decrease 6,800 increase 6,800 increase Harnett County Board of Commissioners March 21, 2011 Regular Meetnig Minutes Page 2 of 7 2. Tax refunds, rebates, releases and 2010 unpaid taxes (Attachment 1) The Tax Administrator also reported, in accordance with G.S. 105- 369(a), the total unpaid 2010 taxes that are liens on real property is $2,594,028.12 1 Resolution to add roads to the state system Overhills Creek Subdivision: Craven Court, Swain Street and Rockingham Street (Attachment 2) 4. Human Resources, on behalf of the Planning and Inspections Department, requested to reclassify the Central Permitting/Community Development Administrator position due to increased assigned duties of managing the Harnett County Jetport. Mr. Barry Blevins' position of Central Permitting/Community Development Administrator is currently classified as a Grade 73 on the Classification and Grade Table with his current salary $54,645. Due to the additional duties he has been performing it was requested that Mr. Blevins' position be reclassified to a Grade 75 with a 10% salary increase to $60,113 retroactive to October 26, 2010. 5. The Sheriffs Office requested permission to submit a Criminal Justice Partnership Grant to the NC Department of Correction, Division of Community Corrections. The grant will be in the amount of $102,079 with no local fund match. The grant will provide funds for the Criminal Justice Partnership Program in Harnett County. This program provides services to sentenced offenders including GED classes, Life Skill classes, Drug Counseling and other services. This program is designed to reduce repeat offenders and has shown great success in reducing the number of offenders who return to the prison system. 6. The Sheriff's Office requested up to $20,000 to purchase equipment to repair the Courthouse Security Video System. A key component of the system failed last fall. The Sheriff's Office was able to obtain a loaner from Johnson Controls to keep the system operating. The system has not had any major issues since it was installed in 2002. The Sheriffs Office and IT Department believe it is most cost effective to incorporate the courthouse system with the new Public Utilities' video system with courthouse videos separate from others and only available to approved staff at the Sheriffs Office and courthouse. 7. General Services requested adoption of the CTP funding resolution for the FY 2012 Community Transportation Grant Program. The resolution will allow Harnett County to enter into agreement with the NC Department of Transportation; providing the necessary assurances, certifications and local match for FY 2012. (Attachment 3) 8. Emergency Services requested approval of the Memorandum of Agreement between NC Department of Crime Control and Public Safety, Division of Emergency Management, Training and Exercise Branch. The Agreement states that the grant funds for training in the amount of $5,940.59 be retained by the State to provide statewide certification and NIMS training courses to first-responders on behalf of Harnett County. The funds are part of FY 2010 Homeland Security Grant Program. Harnett County Board of Commissioners March 21, 2011 Regular Meetnig Minutes Page 3 of 7 Chairman McNeill opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. Michael Smith of Lillington, Ricky Temple of Kipling, Frankie Lewis, Jose Perez, Margaret Joyner, Ralph Shaw, Jason Wunsch, Bill Johnson, Renee Stanley, Timothy Johnson and Barbara T. Wade all spoke in support and praise of Mr. Tony Wilder as family, friend and county employee and urged Commissioners to allow Mr. Wilder to remain employed by the County. Gene Taylor of Anderson Creek and Melissa Page also spoke during the public comment period. Most who spoke also encouraged the county and commissioners to start working together for the greater good of Harnett County and its citizens. Commissioner House requested extending the public comment period by 15 minutes. Chairman McNeill denied the request stating that we know and understand where people stand. Commissioner Andrews moved to approve the appointments listed below. Vice Chairman Hill seconded the motion and it passed unanimously. Board of Equalization and Review Robert E. Dobertstein, Joe Miriello, Thomas Moore, Howard Penny Jr. and Carrell N. Robinson N. Carrell (nominated by Commissioner Andrews) were reappointed for a term of one year which will expire February 28, 2012. Erwin Planning/Board of Adjustments Extra Territorial Jurisdiction Norman Avery (nominated by Commissioner House) was reappointed for a term of three years which will expire March 3, 2014. Harnett County Planning Board William Elmore (nominated by Commissioner House) was appointed for a term of three years which will expire March 31, 2014. Local Fireman's Relief Fund Gary Briggs (nominated by Chairman McNeill) was appointed as one of the two trustees for the Benhaven Emergency Services, Inc. Mr. Briggs replaces William Hayes as a trustee. Triangle Work Force Development Board Angie Stewart and Jim Roberts (nominated by Vice Chairman Hill) were reappointed for a term of two years which will expire January 31, 2013. Mr. John F. Smith, President of the Shawtown High School Alumni Association, presented to the commissioners a proposed resolution honoring Vice Chairman Hill and declaring May 7, 2011, as "Mrs. Beatrice Bailey Hill Day" in Harnett County. Commissioner Andrews moved to adopt the resolution as presented. Commissioner House seconded the resolution which passed unanimously and the resolution was presented to Vice Chairman Hill. (Attachment 4) Harnett County Board of Commissioners March 21, 2011 Regular Meetnig Minutes Page 4 of 7 Mr. Smith noted the honoring and celebration banquet for Mrs. Hill would be held on Saturday, May 7, 2011, 7:00 on at the Dunn Community Center in Dunn. Vice Chairman Hill thanked the community for all of their support through the years and said she is where she is today by the grace of God and help of people. Mark Locklear, Planning Manager, petitioned the Board to approve proposed text amendments, Applicant: Harnett County Planning Department Proposed Hazard Mitigation Plan Update. The Harnett County Planning Department and Emergency Services, along with members from Angier, Coats, Dunn, Erwin and Lillington have been involved with updating the County's Hazard Mitigation Plan. This plan is mandated by the State of North Carolina and the Federal Government specifically FEMA. It was originally adopted in 2004 and is required to be updated every 5 years. With this plan update, which is considered a multi jurisdictional plan, the County and its municipalities remain eligible to receive federal and state hazard mitigation and disaster recovery assistance funding. Hazard mitigation is defined by FEMA as "sustained actions taken to reduce or eliminate long- term risk to people and property from hazards and their effects." Harnett County's Hazard Mitigation Plan addresses the specific goals and needs of the County and was developed based on a thorough assessment of area history, vulnerability, capability and vision. The plan is considered a guide to help steer development away from potentially dangerous areas or situations and should not be considered a regulatory document. The NC Division of Emergency Management FEMA have already approved this plan under the condition that it is adopted by each jurisdiction. Angier, Coats, Dunn, Erwin, Lillington and the County Planning Board have approved this plan. A public hearing was held by the Planning Board on Monday, March 7, 2011. The Planning Board voted unanimously to recommend approval of the updated Multi- Jurisdictional Hazard Mitigation Plan. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman McNeill closed the public hearing. Commissioner Burgin moved to approve the updated Multi-Jurisdictional Hazard Mitigation Plan. The motion was seconded by Commissioner Andrews and passed unanimously. (Attachment 5) Samantha Ficzko, Planner II, petitioned the Board to approve proposed text amendments, Applicant: Harnett County Planning Department, Zoning Ordinance, New Additions and Revisions, Article X, Planned Unit Development rewrite. Ms. Ficzko reported that the adoption of the Compatibility Development Design Guidelines for subdivisions in 2007 was major step in moving towards development of a Unified Development Ordinance (UDO) in Harnett County. The Planning Department has seen much success with these new standards; however the existing Planned Unit Development (PUD) regulations have essentially been by- passed due to the flexibility they include. Mrs. Ficzko said the intent of the PUD regulations are to provide flexibility for large, planned developments within the parameters of the Zoning Harnett County Board of Commissioners March 21, 2011 Regular Meetnig Minutes Page 5 of 7 Ordinance. She noted staff rewrote the PUD section, using the Compatibility Development Design Guidelines as a starting point. Ms. Ficzko explained staff felt it necessary to separate this change from the other, smaller changes proposed as part of the UDO under development because 1) there was a request from a developer to update the PUD standards so that they could be used for a large development within the County and 2) for proposing the amendment to ensure staff that the rewrite of this section was addressed prior to moving forward with a UDO draft. A public hearing was held by the Planning Board on Monday, March 7, 2011. The Planning Board voted unanimously to recommend approval of the requested proposed amendments to the Zoning Ordinance. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman McNeill closed the public hearing. Vice Chairman Hill moved to approve the requested proposed amendments to the Zoning Ordinance as presented. The motion was seconded by Commissioner Andrews and passed unanimously. (Attachment 6) Dwight Snow, County Attorney, petitioned the Board to approve a Resolution of the Board of Commissioners of Harnett County, North Carolina Approving the Issuance by the Public Finance Authority of Bonds on Behalf of Harnett Health System, Inc. Mr. Snow noted the commissioners had previously voted to host the public hearing in connection with the issuance by the Public Finance Authority of its hospital revenue bonds, series 2011 (Harnett Health System, Inc.) in the aggregate principle not to exceed $25 Million. Pursuant to Section 147(f) of the Internal Revenue Code of 1986, prior to their issuance, private activity bonds are required to be approved by the "applicable elected representative" of a governmental unit having jurisdiction over the entire area in which any facility financed by such bonds is to be located, after a public hearing held following reasonable public notice. Mr. Snow stressed the resolution read "the bonds shall not represent or constitute a debt of pledge of the faith and credit, monies, or the taxing power of Harnett County, the State of North Carolina, or any political subdivision of the state of North Carolina Mr. Snow reported the financing process is still on- going, all construction contracts are in place, the structural steel had been ordered and the easements were recorded last week as well as plans having been reviewed by the Harnett County Planing Department. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. Deanne Crowell of Bunn Level asked for clarification regarding the $25 million bonds and how something could be built without financing in place. Chairman McNeill explained that they are Harnett County Board of Commissioners March 21, 2011 Regular Meetnig Minutes Page 6 of 7 working on two tracts; Harnett Health System already has a mechanism for financing but is also pursuing a cheaper option for financing the new hospital. There being no further comments, Chairman McNeill closed the public hearing. Commissioner House moved to adopt the resolution as presented. Commissioner Burgin seconded the motion which passed unanimously. (Attachment 7) Mr. Sauer presented the following reports: Department of Public Health Activities Summary Mr. Sauer reminded the group of the upcoming Harnett Local Government Association dinner with legislators on March 31 at Nonna's in Lillington. It was the consensus of the Board to reschedule their upcoming special session from Tuesday, March 29, 2011, to Monday, March 28, 2011, starting at 9:00 am. There was no need for closed session. Chairman McNeill called for any new business. Commissioner Burgin requested a report of how many call outs /emergencies Public Utilities had received within the last 12 months and who responded to those calls. Commissioner Burgin shared his disbelief of Public Utilities' inability to park any of their 39 vehicles currently being driven home by employees. Commissioner Burgin requested that the county manager's evaluation be schedule as soon as possible and encouraged Mr. Sauer to performed evaluations of department heads. At 8:09 pm Commissioner House moved to adjourn the meeting. The motion was seconded by Commissioner Andrews and passed unanimously Timothy B. February 2011 Veteran Affairs Activities Report February 2011 Landfill Report Planning Services Report February 2011 cNeill, Chairman eeler, Clerk Harnett County Board of Commissioners March 21, 2011 Regular Meetnig Minutes Page 7 of 7 Attachment 1 Date 03121/2011 ANDERSON, NINA R 473 FALLING WATER RD SPRING LAKE, NC 283907065 SPRING LAKE, NC, 28390 7065 2 BAKER, JOSEPH R BAKER, LANA D 1446 MCKOY TOWN RD CAMERON NC, 28326 0000 1 3 CHANDLER, WAYLON R 111 1501 RAVEN ROCK RD LILLINGTON NC, 27546 8822 4 CHANDLER, WAYLON R I11 1501 RAVEN ROCK RD LILLINGTON NC, 27546 8822 5 LOCKLEAR, WILLIAM D ROSE, LOCKLEAR 7700 OVERHILLS RD SPRING LAKE NC, 28390 0000 6 MARSTON, RICKY A MARSTON, MICHELLE A 47 TWIN OAK DRIVE ANGIER NC, 27501 0000 7 MARSTON, RICKY A MARSTON, MICHELLE A 47 TWIN OAK DRIVE ANGIER NC, 27501 0000 8 MARSTON, RICKY A MARSTON, MICHELLE A 47 TWIN OAK DRIVE ANGIER NG, 27501 0000 9 MARSTON, RICKY A MARSTON, MICHELLE A 47 TWIN OAK DRIVE ANGIER NC, 27501 0000 10 MARSTON, RICKY A MARSTON, MICHELLE A 47 TWIN OAK DRIVE ANGIER NC, 27501 0000 11 MATTHEWS, ROY LEE P 0 BOX 1750 BUIES CREEK NC, 27506 12 SMITH, DAVID ALLEN SMITH, ANGELA S �y�y i �'y y r g^� 4 pp rc w e d y Ai Harnett nett County Board of C rt miss &oner`S. Approved By TO HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES City 0.00 0001687342- 2009- 2009- 000000 County 147.55 City 0.00 0000002668- 2010- 2010- 000000 County 45.00 Reason Military 147.55 Refund Exemption 45.00 Refund Solid Waste Fee released only one house on property Land Use City 0.00 Applied 000101 3387- 2010- 2010- 000000 381.60 Refund pp County 381.60 Land Use City 0.00 Applied 0001013388- 2010- 2010- 000000 381.60 Refund pp County 381.60 Solid Waste City 0.00 Fee released 0000031784- 2010- 2010- 000000 45.00 Refund no house on property County 45.00 City 0.00 Value 0000033049- 2006- 2006- 000000 35.01 Refund Decrease County 35.01 City 0.00 Value 0000033049- 2007 2007- 000000 35.01 Refund Decrease County 35.01 City 0.00 Value 0000033049- 2008- 2008- 000000 35.97 Refund Decrease County 35.97 City 0.00 Value 0000033049- 2009- 2009- 000000 37.04 Refund Decrease County 37.04 City 0.00 Value 0000033049- 2010- 2010- 000000 37.04 Refund Decrease County 37.04 City 0.00 Value 0000033859- 2010- 2010- 000000 3.11 Refund Decrease County 3.11 0001311988- 2010- 2010- 000000 City 0.00 180.07 Refund Value Decrease P 0 BOX 253 BUNNLEVEL NC 283230000 BUNNLEVEL NC, 28323 13 TAYLOR, FRANK LEE 405 N 14TH STREET ERWIN NC 28339/403 ERWIN NC, 28339 -1403 14 THOMAS, RANDY LUIE 5773 US 421 N LILLINGTON NC, 27546 9437 15 THOMAS, RANDY LUIE THOMAS, KAREN UPCHURCH 5773 US 421 N LILLINGTON NC, 27546 9437 16 WEST, WILLIAM PIERCE JR 874 CHIC ENNIS RD COATS, NC, 27521 9675 17 WILKINS, CODY ALLEN 60 CROATAN ST CAMERON, NC, 28326 6331 18 WRIGHT, LEROY EVERETT 16 KENARCH LN LINDEN, NC, 28356 8550 WM. A. TONY WILDER Revenue Administrator CC: WM. A. TONY WILDER 0000645001- 2001- 2001- 000000 0001090845- 201 0 2010- 000001 000 1402300- 2010- 2010- 000001 0001576330- 2010- 2010- 000001 0001755955- 2009- 2009- 000000 0001754263- 2010- 2009- 000000 County 180.07 City 0.00 County 158.30 City 0.00 County 1.68 City 0.00 County 6.50 City() 8.30 County 0.00 City 0.00 County 22.69 City 0.00 County 1.39 City Total County Total Total to be Refunded Religious 158.30 Refund Exemption Military 22.69 Refund Exemption 8.30 1 ,554.56 1,562.86 Situs 1.68 Refund Correction Situs 6.50 Refund Correction Situs 8.30 Refund Correction Situs 1.39 Refund Correction o a r Date 03/21/2011 Approved By RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES TO HARNETT COUNTY BOARD OF COMMISSIONERS 1 CHANDLER, WAYLON R 111 1501 RAVEN ROCK RD LILLINGTON NC, 27546 8822 2 GARDNER GARDNER INC 1395 JAMES NORRIS RD ANGIER NC 275010000 ANGIER NC, 27501 0000 3 MEMORIAL BAPTIST CHURCH OF P 0 BOX 485 BUIES CREEK NC 275060000 BUIES CREEK NC, 27506 0000 WM. A. TONY WILDER Revenue Administrator CC: WM. A. TONY WILDER Approved by the Harnett County Board of Commissioners Oat e J I 0001013386- 2010- 2010- 000000 0000018863- 2008- 2008- 110000 0000030270- 2010- 2010- 000000 City 0.00 County 650.95 City 0.00 County 866.60 City 0.00 County 560.46 City Total County Total Total to be Refunded 650.95 Refund 560.46 Refund 0.00 2,078.01 2,078.01 Reason Land U5e Applied Property 866.60 Refund Double- Listed Religious Exemption Attachment 2 ett O N TY BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, requests that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. NORTH :;:\A Duly adopted this 21st day of March, 2011. ATTEST:` ti M ar et Regina eeler Cle o the Boar. strong roots. new growth RESOLUTION Overhills Creek Subdivision Craven Court Swain Street Rockingham Street HARNETT COUNTY BOARD OF COMMISSIONERS othy B. McNeill, Chairman Board of Commissioners Www.a rn atom Timothy B. McNeill, Chairman Beatrice B. Hill, Vice Chairman Dan B_ Andrews Gary A. House Jim Burgin Kay S. Blanchard, Clerk to the Board PO Box 759 102 East Front Street Liliington, NC 27546 ph: 910- 893 -7555 fax: 910- 814 -2662 Attachment 3 Applicant seeking permission to apply for Community Transportation Program funding, enter into agreement with the North Carolina Department of Transportation, provide the necessary assurances and the required local match. A motion was made by (Board Member's Name) required) Amens:. for the adoption of th adopted. WHEREAS, (Legei Name &Applicant) Harnett County hereby assures and certifies that it will provide the required local matching funds; that its staff has the technical capacity to implement and manage the project, prepare required reports, obtain required training, attend meetings and conferences; and agrees to comply with the federal and state statutes, regulations, executive orders, Section 5333 (b) Warranty, and all administrative requirements related to the applications made to and grants received from the Federal Transit Administration, as well as the provisions of Section 1001 of Title 18, U. S. C. NOW, THEREFORE, be it resolved that the (Authorized Official's Title)* Chairman of (Name of Applicant's Governing Body) Harnett County Board of Commissioners is hereby authorized to submit a grant application for federal and state funding, make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide rural public transportation services. kikezitzr. 1 (Certifying Official's Name)* Maraaret R. (Certifying Official's Title) Clerk to the Board of Commissioners do hereby certify that the above is a true and correct copy of an excerpt from the mins of a m eting of the (Name of Applicant's Governing Aoa Harnett County Board of Commissioners duly held on the 4/ of 2011. WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for administering federal and state public transportation funds; and WHEREAS, the Noitli Carolina Department of Transportation will apply for a grant from the US Department of Transportation, Federal Transit Administration and receives funds from the North Carolina General Assembly to provide assistance for rural public transportation projects; and WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the provision of rural public transportation services consistent with the policy requirements for planning, community and agency• involvement, service design, service alternatives, training and conference participation, reporting and other requirements (drug and alcohol testing policy and program, disadvantaged business enterprise program, and fully allocated costs analysis); and Official *Note that the authorized official, certilking official, andiriotaty public should be three separate individuals. Seal Subscribed a d sprn to m= (date) tan/ Pub kilkULLP a Printed Name and Address My commission expires (date) COMMUNITY TRANSPORTATION PROGRAM RESOLUTION Section 5311 FY 2012 RESOLUTION Q and seconded by (Board Member's Name or NfA, if not following resolution, and upon being put to a vote was duly Affix Seal Here s‘‘ y.AE A NOTARy Aft PUBLIC oaf.: 114+ +14-1.10 Attachment 4 THAT WHEREAS, Beatrice Bailey Hill was born, raised, and educated in Harnett County. She graduated from Shawtown High School in 1944 and pursued higher education at North Carolina A& T State University graduating with a Bachelor of Science Degree and Master's Degree in Education. She continued her studies at other universities such as Campbell University, University of Chicago, and University of Illinois. WHEREAS, Beatrice Bailey Hill was employed by the Department of Social Services in Cook County, Chicago, Illinois, did day care work in Chicago and some clerical work in Washington, DC. She later entered a teaching career and taught in Georgia, South Carolina, and North Carolina. WHEREAS, Beatrice Bailey Hill taught in the Harnett County School System. She taught social studies and English for over 21 years at Anderson Creek Junior High School. WHEREAS, Beatrice Bailey Hill has served Harnett County as a County commissioner for twenty years and several years as Vice Chairperson and now reelected to her 6 four year term and being the first African American to be elected to the position of County Commissioner in Harnett County, the Alumni Association deem it necessary to honor and celebrate her achievements and accomplishments as she completes her 6 four year term. WHEREAS, Beatrice Bailey Hill is hereby commended and honored by the members of Shawtown High School Alumni Association for her exemplary service and contributions to the development of Harnett County. THEREFORE, BE IT RESOLVED, that at the request of the Shawtown High School Alumni Association, the Harnett County Board of Commissioners declare Saturday, May 7, 2011, as Beatrice Bailey Hill Day in Harnett County. Timo McNeill, Chair A RESOLUTION TO HONOR MRS. BEATRICE BAILEY HILL HARNETT COUNTY BOARD OF COMMISSIONERS Dan 13. Andrews Attachment 5 Harnett cou TV RESOLUTION OF ADOPTION HAZARD MITIGATION PLAN HARNETT COUNTY NOW, THEREFORE BE IT RESOLVED that this Board of Commissioners hereby: Adopts those portions of the Plan that pertain to Harnett County; and Ty WHEREAS, certain areas of the Harnett County are subject to periodic flooding and other natural hazards with the potential to cause damages to people and properties within the area; and WHEREAS, Harnett County desires to prepare and mitigate for such circumstances; and WHEREAS, under the Disaster Mitigation Act of 2000, the United States Federal Emergency Management Agency (FEMA) requires that local jurisdictions have in place a FEMA- approved Hazard Mitigati Action Plan as a condition of receipt of certain future Federal mitigation funding after November 1, 2004; and WHEREAS, to assist municipalities and counties in meeting this requirement, the County of Harnett has initiated development of a multi jurisdictional Hazard Mitigation Plan covering five municipalities tY and the County, Vests the County Planning and Emergency Management Departments with the responsibility, authority, and the means to inform all concerned parties of this action and to promote the goals specified in the plan. Appoints the County Planning and Emergency Management Department to assure that the Hazard Mitigation Plan be reviewed at least annually and that any needed adjustment to the Multi Jurisdictional Hazard Mitigation Plan be developed and presented to the Board of Commissioners for consideration. Agrees to take such other official action as may be reasonably necessary to carry out the objectives of the Hazard Mitigation Plan. Adopted this the 2 Est dar'of March, 2011. ATTEST: Marga et Regina eeler, Clerk to the Board strong roots new growti Ai, Timothy B. eill, Chairman Attachment 6 HARNETT COUNTY NORTH CAROLINA WHEREAS, the Board of Commissioners of Harnett County adopted the Harnett County Zoning Regulations on July 18, 1988; June 5, 2000, and June 15, 2009 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly O.S. 153A -340; and WHEREAS, the Zoning Ordinance contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to the articles of the Zoning Ordinance as listed below and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Article X "Planned Unit Development" of the Zoning Ordinance shall be amended to read as indicated in "Attachment A." Duly adopted this 21st day of March, 2011 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE C TEST: d en ;Y /fie Marg et Reg Clerk to the 1 Board b z IiI /i11ii,c 1 ATTACHMENT A D ET E IE the following to Article X "Planned Unit Development" .a lor V WM earparatiea, fciffft; A. B. C. D. E. F. G. 14. 1. may be made by the i Develeprfrent z i Rrt.•r a i i is. a thereef 1 lb lb IP IP ctL�N it 1, (9 3 11 411 411 411 lb 10 11 n 1 Op 411 1, 41 11 I1 411 :t I F. G. 1.13 Site Planning A. eeftgestieft or hazards. i w jaiw 0 s r. Stibs-eetief}g -B -C, Refer to the 4. 4. M i w■ a dust. 3. Ways for Pedestrians: 3. Design-Stsfidards 4 ei create traffic €aeilttie, and 4er North Carolina Detaftraftetat----of T7friaspertatieft: B. c. E. a piw-ftte-steeets F. Tite---Heliieewners' R. Should pfivate zeaels within *lifted unit develepfnefrts it and the like, are to be held M w- ir w w w•• a G. Any dues or fees levied by the Homeowners' become a lien on the individual property. 5 a w. 1 1 v r a7 1• ■r 1 w Sketch-Raft 2.2 deteed. 7] x-2,1" A. B. D. thc surrounding arca insct ors thc plat 3&ct, Fiatineti—thiit 6 p4i "1 ID IS 110 11 41 11 flo 11 i• ID .6 ID 411 IP 111 to 11 IP IS ID 41 Ib IP 4P IS IP 6. lb ID ID 41 IP ID 111 111 2,9-Vittiaftees MP ml T icveet "s fequilenieffts SECTION 5.0 [RESERVED] r rr rr f any rcqucst for P WA W irr IW S mat i ■e 7.2 Strcct Signs Strcct signs of by ef cow 111.11 f �L�J ��M� /�J J U 1 the Pl ialfte d 8 County E 911 Coordinator. 7 3 Sil1 t1waikf1 Adhere-to-the "DeSigri-StatadilrdS t r. Ti Aaltere-t-e-eke A W 8.1 Lot Requirements A. B. C. F. Z ++e ri�l� i 3. Let-Fireat-age: Twenty (20) Fcct 2. Front Setback: Rear Setback: Twenty-five (25) Feet 4. 1 ■r v Ten (10) Feet meet the- .,ctb et_ 9 G. A. B. w i a ii■ ri 1. If 3cptic tank 3 Speeified by the Eff;irensfiefatol 14egth Seetiet of Gethlty Health (9) units per acre: i 7 it w■ i 3. 3. 2• Rettr: 2 r ww 4. Side: (Corncr Lot): 2-0' 2. 2 one side of the structure. of the structure on one sides—ef--the—strtietttres 10 i1_ c. 4. F. B. c. E. rr i A. i tc i u Flanncd Unit 4. 2. 3. 4 11 u6 411 C I IP :P IP A Vir F LS Hew AN ifw e s� J� 4-0.2 C-onfliet-s 10.3 Fees 13 ADD the following to Article X "Planned Unit Development" SECTION 1.0 PURPOSE It is recognized that only through ingenuity, imagination, and high quality design can planned unit developments be produced which are in keeping with the intent of this Ordinance while departing 1i dimensional P g from the strict application cation of conventional use and dimensional requirements. This is done by allowing design flexibility and a inix of residential and nonresidential uses, and /or varyin types of both residential and nonresidential uses. Coordination of such development with adequacy of q public facilities while maintaining the rural and small town character of Harnett County is a necessity in this type of development. The constructed and natural landmarks, and social and econornic surroundings, are what cause someone to identify with a particular place or community. Characteristics of a location that make it readily recognizable as being unique and different from its surroundings, and providing a feelin g of belonging to or being identified with that particular place warrant consideration when g develo in a planned unit development. developing The characteristics of different uses, activities, and /or designs allow them to both be located in proximity to and in harmony with one (1) another through compatibility. Elements affecting compatibility include: height, scale, mass, and bulk of structures; pedestrian and vehicular traffic; vehicular circulation and access; landscaping; lighting; and mitigation of noise, odor, and air pollution. Compatibility is not intended to mean identical; rather, compatibility refers to the sensitivity of development proposals in maintaining the character of existing development and harmony of the different uses within the proposal with one (1) another. The intent of the planned unit development regulations of Harnett County is to provide for minimum, conventional development regulations, while allowing a developer the flexibility to determine how to attain superior development through the criteria listed herein. SECTION 2.0 DEVELOPMENT CRI"1ERIA Unless otherwise stated or outlined herein, all requirements of this Ordinance shall be met. 2.1 Minimum Development Size No PUD shall be approved for a site of less than 10 contiguous acres under unified ownership or control. 2.2 Minimum Building Setbacks 14 Unless specified and approved as part of the outline development plan, the minimum setback requirements of this Ordinance shall be met. The minimum building setback for all single family development shall be five (5) feet. 2.3 Public Utilities Both public water and public sewer services shall be available to serve the proposed p lanned unit development. Capacity of both services must be available at the time of approval. The applicant shall provide proposed water and sewer demands to the Harnett County Department of Public Utilities p rior to submission of the conditional use permit application. A flow acceptance letter for sewer capacity p ty from Harnett County Department or Public Utilities shall be submitted with the condition use ermit PP a licat ion. p 2.4 Permissible Uses A. Residential Uses Allowed within a PUD Proposed planned unit developments primarily residential in use shall be allowed as a conditi use in the underlying residential zoning district(s) only. Permissible residential uses within a PUD include single family detached dwellings, two family duplexes, townhome dwellings, multifamil dwellings, and customary residential accessory uses and structures. Commercial and other nonresidential uses allowed within a residential PUD shall be limited to those uses specified in the O &I and Commercial Zoning Districts. B. Nonresidential Uses Allowed within a PUD Proposed planned unit developments primarily nonresidential in use shall be allowed as a conditional use in the underlying nonresidential zoning district(s) only. Residential uses allowed within a nonresidential PUD shall be limited to those uses specified in the RA-20M Zoning District. C. Development Located within Conservation Zoning District Any portion of a planned unit development located within a conservation zoning district shall be developed to the standards of this Ordinance and shall not be allowed the flexibility of this Section. D. Nonresidential Development within a PUD Nonresidential development within a PUD shall be arranged to: 1. Separate pedestrian and vehicular traffic such that pedestrians can safely walk between businesses within the planned unit development and from parking areas to businesses; and 2. Promote access from adjacent residential development into nonresidential development areas, whether or not said residential development is existing or is included as part of the nonresidential PUD. SECTION 3.0 DESIGN GUIDELINES 3.1 um Dimensional Amenity Requirements This Section describes additional regulations that shall be met for single family, multifamily, and nonresidential development within planned unit developments. The regulations shall be applied individually by the desired type of use and density per pod. The developer shall outline whi method is intended as part of the application and shall provide a clear intent to seamlessly inte differing requirements. A. Single Family Uses 15 20000 sq. ft minimum lots 1$,000 sq. ft. 'um lots.w.._ 15 ss_ft minimum lots 5 12,000 sq. ft. minimum lots 9,000 sq ft. minimum lots 5 6,000 sq. ft minimum Tots *As required by this Ordinance. B. Multifamily Uses ?9 units per acre ?12 units acre 15 units per acre >18 units per acre ?21 units per acre C. Nonresidential Uses 3.2 Streets Access -15% 20% 25% 29'_ _30% j 29 35% 1 29' 30% 29' 40 29' J z 40' V 40' 40' 16 X I 40' Nonresidential uses, whether developed as a portion of a residential PUD or devel of a nonresidential PUD, shall meet the following criteria. 1. In order to facilitate innovative design of nonresidential areas, there shall be no minimum building setback when located adjacent to other nonresidential uses. However, th outline development plan shall outline the all proposed setbacks. 2. A minimum of 10 percent (10 of the total area proposed for nonresidential uses shall be set aside as open space. when located within a watershed, a minimum of 30 percent (30 of the total area. Stormwater management measures and other required undevelop land, such as BMPs, can be used to attain up to half (1/2) of this requirement. The transportation network of all planned unit developments shall, at a minimum, meet the standard requirements of this Ordinance. Further, all streets within a planned unit development shall be located and designed in accordance with the requirements of the North Carolina Department of Transportation for the type of street proposed. A. Access to Nonresidential Uses within Residential Planned Unit Developments Primary vehicular access to commercial development shall not be through intervening local streets. B. Entrances At least one (1) point of ingress /egress for a planned unit development shall be locat on a minor collector road, at a minimum, as identified by NCDOT. The number of ingress and egress points needed to safely move vehicular traffic from the PUD to the adjoining street(s) shall meet the minimum requirements of this Ordinance; however the Board of Adjustment, via review of the outline development plan, may allow additional entrances, under the direction of NCDOT. It shall be the applicant's responsibility to consult with NCDOT prior to requesting additional entrances. 3.3 Parking Parking requirements shall meet the standards of this Ordinance. An alternative parking plan may b gP y submitted as part of the outline development plan. Shared parking is encouraged for uses that typically do not generate traffic at the same time. 3.4 Signs A generalized sign plan shall be submitted as part of the outline development plan. Said p lan shall include the design, type, and illun-iination source of signs to ensure uniform style throughout the development. All signs shall conform to the applicable requirements of this Ordinance unless otherwise approved. 3.5 Buffering A. Perimeter Buffering Planned unit developments shall be required to provide perimeter buffering in accordance with Section `Buffers Landscaping" of this Ordinance. However, when a use within a PUD is located adjacent to an existing, compatible use, the Administrator may reduce both the buffer area and number of plantings required by up to 50 percent (50 If the applicant wishes to reduce the buffer by greater than 50 percent (50 the Board of Adjustment shall make that determinatio B. Internal Buffering Individual uses within the PUD shall be required to meet the buffer requirements for the specific use unless an alternative internal buffering plan is submitted and approved by the Board of Adjustment as part of outline development plan. 3.6 Open Space All planned unit developments shall include open space to optimize use and communit interaction within the proposed development, as well as to maintain and preserve significant natural features. Each PUD shall include a minimum amount of open space, as required by this Section. A. Required Open Space Areas 1. Wetlands Proposals that include any identified wetlands shall include those areas within th required open space. It is encouraged that, in cases where more than one (1) area of W exists, connections between the wetlands are also included within the open space. 2. Flood Areas Proposals that include any identified flood hazard areas are encouraged to include those areas within the required open space. 3. Water Features Other water features that are not identified as wetlands or flood hazard areas are often overlooked during site development. However, these features may be just as important to the continued success of the natural environment and should therefore be considered for inclusion 17 in required open space. B. Unimproved Open Space Unimproved open space includes any type of open space that is not defined as improved open en s p ace P by this Ordinance. All of the required unimproved open space within a PUD shall be recorded at the time of recordation of the first phase of development. C. Improved Open Space A minimum open space p of 10 percent (10 of the total open space provided shall include improved o ace area(s) in primarily resident hl planned unit developments. Specific improved open space uses shall be proposed by the developer in the outline development plan. Proportionate to its size, each P od of the PUD shall include an area of improved open space. In no case shall open space include less area than the smallest lot of the pod in which the open space is located. D. Access to Open Space In cases where improved open space is located along a right -of -way where improved pedestrian access is not required, such access shall be provided to connect the open space to the nearest required pedestrian access. SECTION 4.0 SUPERIOR DESIGN CRITERIA PUD may modify the requirements set forth in the UDO, if the applicant demonstrates how the proposed development is superior to that accomplished through conventional ordinance application. Superior design criteria PP p gn teria exceed the standard development requirements of the Harnett County Unified Development Ordinance. While there are numerous techniques that may be utilized for each of the criteria below, it is up to the applicant to determine what is most appropriate for th proposed PUD. Each of the criteria below shall be met, included, and explained as part of the required outline development plan. It is the duty of the applicant to provide that each of these criteria is met. Each criterion must be met in order for the Board of Adjustment to consider approval of the development proposal. The Board of Adjustment shall make a determination that the outline development plan adequately meets and explains these criteria to the extent necessary to meet the purpose of this Section. Greater detail in explanation of the superior design provided as art of a ro osal shall afford as p art p o d a mote thorough and informed review process by County Staff and the Board of Adjustment. 4.1 Overall Development Design Innovative design of the overall development, which may include access, circulation, privacy, and other factors to create a unique development that compliments or enhances the surrounding community. 4.2 Architectural Design In planned unit developments, architectural design shall take into consideration the intended character of development as a whole, including seamless transitions between uses. More specifically, architectural design may include building design, location, scale, and /or character, provided to avoid abrupt differences between structures and uses. To determine if superior design has been attained to meet the requirements of this Section, the architectural standard regulations of the Highway Corridor Overlay Zoning District shall be used as a benchmark. 4.3 Sustainability 18 The intention of sustainability in development is to eliminate negative environmental impacts through P ug sensitive and skillful design. Further, sustainable development is intended to meet existing human needs while preserving the environment so that the needs of future generations can be tnet without an undue economic burden. Maintaining or enhancing opportunities and community well being, while rotectin P g and restoring the natural environment upon which people and the natural environment depend, are primary features of sustainable development. Ways of living more sustainably can take many forms from reorganizing living conditions and sustainable architecture, including but not limited to a water Y systems for irrigation, pervious parking, and alternative energy. 4.4 Preservation of Natural Historic Features Community use of natural resources shall do so in a way that does not jeopardize the ability of future generations or the natural environment to live and prosper. For example, preservation of all areas located within the conservation zoning district as open space or utilizing naturally low lyin g areas for utility easements walking trails. 4.5 Transportation System On -site circulation and off-site traffic consequences shall be addressed as a whole in overall development design. Circulation for vehicle and pedestrian movement should be provided to minimi impacts to existing transportation systems. Transportation systems included as part of a PUD may include traffic calming devices, innovative intersection design, and other techniques to maintain safe traffic movement throughout the development. 4.6 Public Safety Service Availability Availability of public services is a major factor in locating developments. For purposes of this item, public services may include the use of residential sprinkler systems, and proximity to fire and emergency medical services, hospitals, law enforcement services, libraries, and educational facilities. SECTION 5.0 REVIEW APPROVAL PROCEDURES 5.1 Pre development Meeting A predevelopment meeting shall be scheduled with the Planning Department, and other County Departments as applicable, to review the proposed development plan. Said predevelopm meeting will allow both the developer(s) and County Staff to air out potential issues prior to submittal to th Board of Adjustment. This meeting must be held before staff will accept a conditional use application for the proposed development. 5.2 Public Outreach A. Notification of the Public A minim extent of public outreach shall be done by the developer(s) prior to, or in conjunction with, application of the proposed plan. Properties located within the proposed developm area, all adjacent parcels, and those parcels or portions of parcels within 600 feet of the proposed development area shall be notified by the developer(s) of the intent for development of the site. Such notification shall include a map of the development area, a description of th p ro p oSe d development, and contact information for the developer(s) and/or a representative(s). A list of the property owners notified and a copy of the letter sent (including any attachments) must be submitted to the Planning Department with the conditional use application. 5.3 Submittal Procedure 19 The procedure for approv of a planned unit development shall combine the condition use ermit review process and the subdivision plat and site plan review processes, outlined P p p p ses, as out ed �y this Ordinance. All applications for conditional use permits for PUDs shall be submitted a minimum of 60 prior days rior to the Board of Adjustment meeting. An outline development plan for the entire development, described below, shall be prepared and submitted along with a conditional use permit application and all other required documentation. 5.4 outline Development Plan Each proposed planned unit development shall include an outline development plan. The PAP ose of the plan is to describe, in detail, all elements of design and regulation of the site as a whole. Followin g the inclusion of a succinct development summary, the outline development plan shall include how each of the required conventional regulations are met, including individual phase descriptions of these regulations where necessary. Finally, y, the plan shall outline how superior design guidelines and individual criteria are met through innovative design, proposed by the developer. The outline development plan shall specify development standards applicable to each use within the planned unit development. If standards have not been specified for a proposed use in the outline development plan, any applicable development standards found elsewhere in this ordinance shall be followed. In no case shall proposed development standards fail to meet the intent of this Ordinance. 5.5 Staff Review Upon receipt of a complete application, Planning Staff will conduct a review of the outline development plan and other required materials The outline development plan and required documents may also be review and commented on by other County Departments, as applicable. 5.6 Final PUD Document Submittal Following approval of a planned unit development application, revised and final documentation must be submitted to the Planning Department. Said submittal shall be made within 30 business days of approval by the Board of Adjustment and must include the documents listed below, including all revisions required as part of the review and approval process. A. Cover Letter B. Outline Development Plan C. Site-Development Plan The development plan shall include that information required elsewhere by this Secti including but not limited to general street layout, pod tve, location and the of open space, and density_ along with anv other information deemed appropriate by the Administrator. Approval by the Board of Adjustment for a planned unit development shall constitute approval of th use and general design concept only. Subdivision and site plan review procedures found elsewhere in this Ordinance shall be followed as appropriate. 5.7 Conflicts Where conflicts occur after approval by the Board of Adjustment between the approved plan and the requirements of this Ordinance, or other local, State, or Federal regulations, such conflict shall be resolved by the Administrator. AMEND Article X "Planned Unit Development", Section 12.0 "Definitions Interpretations" P rpretat�ons as Follows: 20 SECTION 12.0 DEFINITIONS INTERPRETATIONS Should be changed to: SECTION 6.0 DEFINITIONS INTERPRETATIONS 21 Attachment 7 A RESOLUTION OF THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA APPROVING THE ISSUANCE BY THE PUBLIC FINANCE AUTHORITY OF BONDS ON BEHALF OF HARNETT HEALTH SYSTEM, INC. WHEREAS, Harnett Health System, Inc. (the "Borrower has requested that the Public Finance Authority (the "Authority issue bonds (the "Bonds in an amount not to exceed $25,000,000 to (a) refund all of the North Carolina Medical Care Commission's FHA Insured Mortgage Revenue Bonds (Betsy Johnson Regional Hospital Project), Series 2003, originally issued in the aggregate principal amount of $24,770,000, the proceeds of which were loaned to, and used by, the Borrower to finance the acquisition, construction, renovation and equipping of various hospital facilities, including, without limitation, (i) a four -story addition to the existing hospital facility providing space for a main lobby, administrative offices, dining room, laboratory, pharmacy, medical records, radiology and mechanical space, (ii) the construction of a women's unit with 18 private beds, (iii) the construction of 50 private medical /surgical rooms, (iv) the renovation of six private labor, delivery, recovery (LDR) rooms and a new Level I nursery with 20 bassinets, (v) the renovation of a six -bed intensive care unit and a six -bed medical /surgical unit and (vii) the acquisition of equipment and furnishings (collectively, the "Prior Project located on the Borrower's campus at 800 Tilghman Drive, Dunn, North Carolina 28335 (the "Existing Campus"), the portion of Bonds used for such refunding not expected to exceed $24,000,000, (b) fund the costs of acquisition and installation of various equipment items and miscellaneous routine capital expenditures at the Existing Campus and/or at the Borrower's new hospital campus to be located at 215 Brightwater Drive, Lillington, North Carolina 27546, in an amount not expected to exceed $1,000,000 (the "New Project" and, together with the Prior Project, the "Project (c) fund a debt service reserve fund for the Bonds and (d) pay certain expenses incurred in connection with the issuance of the Bonds; and WHEREAS, upon issuance of the Bonds, the Project will be owned and operated by the Borrower; and WHEREAS, the Bonds or a portion thereof will be "private activity bonds" for purposes of the Internal Revenue Code of 1986 (the "Code and WHEREAS, pursuant to Section 147(f) of the Code, prior to their issuance, private activity bonds are required to be approved by the "applicable elected representative" of a governmental unit having jurisdiction over the entire area in which any facility financed by such bonds is to be located, after a public hearing held following reasonable public notice; and WHEREAS, the members of this Board of Commissioners (the "Governing Body") of Harnett County, North Carolina (the "County are the applicable elected representatives of the County; and WHEREAS, the Borrower has requested that the Governing Body approve the financing and refinancing of the Project and the issuance of the Bonds in order to satisfy the public approval requirement of Section 147(f) of the Code and the requirements of Section 4 of the Amended and Restated Joint Exercise of Powers Agreement Relating to the Public Finance Authority, dated as of September 28, 2010 (the "Joint Exercise Agreement and Section 66.0304(11)(a) of the Wisconsin Statutes; and WHEREAS, pursuant to Section 147(f) of the Code, the Governing Body or its designee e has, following notice duly given in the form attached hereto as Exhibit A (the "TEFRA Notice"), held a public hearing regarding the financing and refinancing of the Project and the issuance Project of the Bonds, and now desires to approve the refinancing and the issuance of the Bonds; and NOW, THEREFORE, BE IT RESOLVED BY THE ABOVE NAMED GOVERNING BODY AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. The form and publication of the TEFRA Notice is approved. Section 3. The Government Body hereby approves the issuance of the Bonds b y the Authority for financing and refinancing the Project. It is the purpose and intent of the Governing Body that this resolution constitute approval of the issuance of the Bonds by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located, in accordance with Section 147(f) of the Code and Section 66.0304(11)(a) of the Wisconsin Statutes and Section 4 of the Joint Exercise Agreement. The Bonds will be limited obligations of the Authority payable only from the loan repayments to be made by the Borrower to the Authority, and certain funds and accounts established by the bond indenture for the Bonds. THE BONDS SHALL NOT REPRESENT OR CONSTITUTE A DEBT OR PLEDGE OF THE FAITH AND CREDIT, MONIES, OR THE TAXING POWER OF HARNETT COUNTY, THE STATE OF NORTH CAROLINA, OR ANY POLITICAL SUBDIVISION OF THE STATE OF NORTH CAROLINA. Section 4. The County Manager is hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing approved hereby. Section S. The foregoing resolutions be adopted and shall be filed with the records of the County. The undersigned hereby certifies the foregoing to be a true, correct and complete copy of the Resolutions adopted by the Board of Commissioners on March 21, 2011. This, the 21 day of March, 2011. \t_ .‘111 /"F 1/,, c j r te. ATTEST: Mar et Regina heeler, Clerk 1 HARNETT COUNTY BOARD OF COMMISSIONERS Timothy cNeill, Chairman