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HomeMy WebLinkAbout101909mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting October 19, 2009 The Harnett County Board of Commissioners met in regular session on Monday, October 19, 2009, in the Commissioners Meeting Room, County Administrative Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Timothy B. McNeill, Chairman Beatrice B. Hill, Vice - Chairman Dan B. Andrews, Commissioner Gary House, Commissioner Jim Burgin, Commissioner Scott Sauer, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Dwight W. Snow, County Attorney Sylvia Blinson, Finance Officer Gina Daniel, Acting Clerk Chairman McNeill called the meeting to order at 7:00 pm. Commissioner Burgin led the pledge of allegiance and gave the invocation. Chairman McNeill called for additions and deletions to the published agenda. Commissioner Andrews moved to approve the agenda as presented. Vice Chairman Hill seconded the motion which passed unanimously. Upon motion by Vice Chairman Hill and seconded by Commissioner Andrews, the Board unanimously approved the following items on the consent agenda: 1. Minutes: October 5, 2009 Minutes of Regular Meeting September 25, 2009 Minutes of Reconvened Meeting 2. Budget amendments 107 Education Department Code 110 - 8600 - 480.31 -15 110- 8800 - 490.32 -16 94 Workforce Development Code 234 - 7405- 465.11 -00 234 - 7405- 465.12 -00 234 - 7405 - 465.12 -02 Central Carolina Community College 15,211 increase Contingency 15,211 decrease - WIA Youth Program Fund Harnett County — In School — Salaries & Wages Harnett County — In School — Salaries & Wages, Part-time Harnett County — In School — Salaries & Wages, Part-time Participant Wages 15,5670.00 increase 26,280.48 increase 8,376.94 increase 234 - 7405 - 465.21 -00 234 -7405- 465.22 -00 234 -7405- 465.22 -01 234 -7405- 465.23 -00 234 - 7405- 465.26 -08 234 - 7405- 465.26 -09 234 - 7405- 465.32 -73 234 - 7405- 465.35 -26 234 - 7405- 465.35 -27 234 - 7405- 465.41 -11 234 - 7405- 465.41 -13 234 - 7405- 465.44 -21 234 - 7405- 465.58 -01 234 - 7405- 465.58 -14 234 -7405- 465.58 -19 234 - 7405- 465.60 -33 234 - 7405- 465.60 -53 234 - 0000 - 331.74 -05 95 Workforce Development - Code 234 -7406- 465.12 -02 234 -7406- 465.22 -01 234 -7406- 465.33 -45 234 - 7406 - 465.35 -26 234 - 7406 - 465.41 -11 Harnett County - In School - Group Insurance Harnett County - In School - FICA Tax Expense Harnett County - In School - FICA Tax Expense Participant Harnett County - In School - Retirement Harnett County - In School - Worker's Comp Harnett County - In School - Worker's Comp Participation Harnett County - In School - Training Vouchers Harnett County - In School - Participation Cost Harnett County - In School - Child Care Cost Harnett County - In School - Telephone & Postage Harnett County - In School - Utilities Harnett County - In School - Building & Equipment Rent Harnett County - In School - Training & Meetings Harnett County - In School - Travel Admin Harnett County - In School - Travel Participants Harnett County - In School - Materials & Supplies Harnett County - In School - Dues & Subscriptions Workforce Development - Harnett County Youth (In School) WIA Youth Program Fund Sampson County - In School Salaries & Wages Part-time participation Sampson County - In School - FICA Tax Expense Participation Sampson County - In School Contracted Services Sampson County - In School - Participant Cost Sampson County - In School - Telephone & Postage 2,205.00 increase 4,937.00 increase 2,657.62 increase 1,191.00 increase 1,288.36 increase 5 03 .00 increase 215.00 increase 12,555.09 increase 2,057.81 increase 2,100.00 increase 1,486.44 increase 3,829.00 increase 500.00 increase 840.00 increase 350.00 increase 608.00 increase 350.00 increase 42.00 increase 85,734.74 increase 14,565.73 increase 1,114.28 increase 23,114.26 increase 8,120.00 increase 234 - 7406 - 465.44 -21 234 - 7406 - 465.60 -31 234 - 7406 - 465.60 -33 234 - 0000 - 331.74 -06 96 Workforce Development Code 234 - 7407 - 465.11 -00 234 - 7407 - 465.11 -05 234 - 7407 - 465.12 -00 234 - 7407 - 465.12 -02 234 - 7407 - 465.21 -00 234 - 7407 - 465.22 -00 234 - 7407 - 465.22 -01 234 - 7407 - 465.23 -00 234 -7407- 465.26 -08 234 - 7407 - 465.26 -09 234 -7407- 465.32 -73 234 - 7407 - 465.35 -26 234 - 7407 - 465.41 -11 234- 7407 - 465.41 -13 234 - 7407 - 465.44 -21 234 - 7407 - 465.58 -01 234- 7407 - 465.58 -14 234 - 7407 - 465.58 -19 234 - 7407 - 465.60 -33 Sampson County - In School - Building & Equipment Rent 700.00 increase Sampson County - In School - Gas, Oil & Automotive 1,043.00 increase Sampson County - In School - Materials & Supplies 700.00 increase Workforce Development - Sampson County Youth (In School) 51,562.27 increase - WIA Youth Program Fund Harnett County - Out of School - Salaries & Wages Harnett County - Out of School - Overtime Harnett County - Out of School - Salaries & Wages Part-time Harnett County - Out of School - 11,261.63 increase 3.63 increase 2,823.06 increase Salaries & Wages Part-time Participant 11,450.01 increase Harnett County - Out of School - Group Insurance 2,115.95 increase Harnett County - Out of School - FICA Tax Expense 1,082.30 increase Harnett County - Out of School - FICA Tax Expense Participation 877.00 increase Harnett County - Out of School - Retirement 522.58 increase Harnett County - Out of School - Worker's Comp 216.00 increase Harnett County - Out of School - Worker's Comp Participation 282.00 increase Harnett County - Out of School - Training Vouchers 1,500.75 increase Harnett County - Out of School - Participation Cost 100.00 increase Harnett County - Out of School - Telephone & Postage 1,460.55 increase Harnett County - Out of School - Utilities 1,642.00 increase Harnett County - Out of School - Building & Equipment Rent 214.00 increase Harnett County - Out of School - Training & Meetings 360.00 increase Harnett County - Out of School - Travel 150.00 increase Harnett County - Out of School - Travel Participants 484.00 increase Harnett County - Out of School - Materials & Supplies 150.00 increase 234 - 7407 - 465.60 -53 234- 0000 - 331.74 -07 97 Workforce Development - Code 234 - 7408 - 465.12 -02 234 - 7408 - 465.22 -01 Harnett County - Out of School - Dues & Subscriptions Workforce Development - Harnett County Youth (Out of School) 18.00 increase 36,743.46 increase WIA Youth Program Fund Sampson County - Out of School Salaries & Wages Part time Participant 6,242.45 increase Sampson County - Out of School - FICA Tax Expense Participant 234 - 7408 - 465.33 -45 Sampson County - Out of School - Contracted Services 234 - 7408 - 465.35 -26 Sampson County - Out of School - Participant Cost 234 - 7408 - 465.41 -11 Sampson County - Out of School - Telephone & Postage 234 - 7408 - 465.44 -21 Sampson County - Out of School - Building & Equipment Rent 234 - 7408 - 465.60 -31 Sampson County - Out of School - Gas, Oil & Automotive 234 - 7408 - 465.60 -33 Sampson County - Out of School - Materials & Supplies 234 - 0000 - 331.74 -08 Workforce Development - Sampson County Youth (out of school) 100 Health Department Code 110 -7600- 441.41 -11 110- 7600 - 441.60 -33 110- 7600 - 441.60 -46 110- 0000 - 331.76 -06 101 Youth Restitution Code 110 - 8800 - 490.32 -16 110- 7930 - 441.11 -00 110- 7930 - 441.12 -00 110- 7930- 441.21 -00 110- 7930 - 441.22 -00 110- 7930 - 441.23 -00 110- 7930 - 441.26 -08 110- 7930 - 441.52 -54 110- 7930 - 441.55 -12 110- 7930 - 441.60 -33 110- 7930 - 441.60 -53 477.54 increase 9,906.13 increase 3,480.00 increase 945.00 increase 300.00 increase 447.00 increase 300.00 increase 22,098.12 increase Telephone & Postage Materials & Supplies Medical Supplies BT 514 Funds Bioterrorism Preparedness Contingency Fund Full Time Salary & Wages Part Time Salary & Wages Group Insurance FICA Regular Retirement Workers Comp Insurance & Bonds Printing and Binding Materials & Supplies Dues & Subscriptions 104 Sheriff's Office - E. Byrne Justice Assistance Grant Code 110 -5103- 420.60 -33 Materials & Supplies - E. Byrne Justice Asst. 700 increase 400 increase 2,958 increase 4,058 increase 8,908 decrease 864 increase 7,200 increase 133 increase 617 increase 42 increase 235 increase 32decrease 100 decrease 16 decrease 35 decrease 146,458 increase 110- 0000 - 331.51 -13 E. Byrne Memorial Justice Assistance Grant 146,458 increase 105 Sheriffs Office — E. Byrne Justice Asst. Code 110 -5103- 420.60.33 Materials & Supplies E. Byrne Justice Asst. 11,476 increase 110- 0000 - 331.51 -13 E. Byrne Memorial Justice Assistance Grant 10,432 increase 110 -0000- 399.00 -00 Fund Balance Appropriated 1,044 increase 106 Sheriffs Office — Code 110 -5102 -420 110 -5102 -420 110 -5102 -420 110 -5102 -420. 110 -5102 -420. 110 -5102 -420. 110 -5102 -420. 110 -5102 -420. 110- 0000 -334. Harnett Criminal Justice Partnership Program .11 -00 Salary .21 -00 Group Insurance .22 -00 FICA 23 -00 Regular Retirement 26 -08 Worker's Compensation 33 -45 Contracted Services 58 -01 Training & Meetings 60 -33 Materials & Supplies 51 -02 Harnett Criminal Justice Partnership Program 30,330 increase 5,290 increase 2,292 increase 1,487 increase 83 increase 4,752 decrease 200 increase 3,626 increase 38,556 increase 107 Education Department Code 110 -8600- 480.31 -15 Central Carolina Community College Capital Outlay 15,211 increase 110- 8800 - 490.32 -16 Contingency 15,211 decrease 3. Tax refunds and releases (Attachment 1) 4. Write -offs for delinquent Public Utilities accounts for the third quarter of 2009. All of these accounts have been delinquent for more than 3 years and total $19,848.96. 5. The Legal Department, on behalf of the Harnett County Department of Emergency Services, requested approval of the Memorandum of Understanding between the North Carolina Division of Emergency Management and County of Harnett. The purpose of the Agreement is to more efficiently utilize Homeland Security Grant Program Funds by allowing NCEM to manage and host classes on behalf of the County. Travel costs will be included for all classes managed by the State utilizing these funds. 6. The Sheriff's Office is requesting to reduce their budget for the Criminal Justice Partnership Program in the amount of $1555. The State of North Carolina reduced the budget for the Crimininal Justice Partnership Program from $1 04,603 to $1 03,048 for the year ending July 2010. This reduction will be reduced in Contractual Services. Informal comments were provided by Mr. Dave Rogers, Mr. Jay Sills and Mrs. Karen Rogers. Mr. Dave Rogers and Mrs. Karen Rogers of Johnson Road, Coats, NC, noted concerns regarding questions about the land purchase for the Boone Trail School as well as healthcare in Harnett County and county government spending. Mr. Jay Sill, who no longer lives in Harnett County, talked to the commissioners regarding money being taken out of his taxes but also listed on his credit report as a result of charges he owed Harnett County Public Utilities. Chairman McNeill announced that the public comment period is now closed. The Chairman moved to item six on the agenda and recognized Commissioner Dan Andrews. Commissioner Dan Andrews came to the podium and stated concerns that he had about statements made in the October 6, 2009 edition of the Daily Record newspaper which were attributed to Commissioners Burgin and House that Commissioner Andrews perceived to be slanderous. These statements concerned questions arising from the sale of real property by Commissioner Andrews' sister, Eunice Bland, to the County Board of Education to be used as a portion of the Boone Trail Elementary School site. Commissioner Andrews further stated that the selection of the Boone Trail school site was strictly a Board of Education decision in which he was not involved. Commissioner Andrews described the history behind this real property and his sister's reputation as a person who had spent her entire life helping others. Commissioner Andrews concluded his statement saying that the school board decided on a very wise site for the Boone Trail School and that anybody that has anything to say about his sister or his family has got to deal with me. Mr. Ferrell stated that no one did anything wrong in this process. The land was purchased to allow for more accessibility and safety at the school. Mr. Ferrell said based on the needs and growth potential in that area, this was the best land available. He said the Board of Education is good stewards of the money. Chairman Donna McNeill stressed that the engineers looked long and hard at the original Boone Trail site to try to make it work. Commissioner Andrews did not nor had any reason to recuse himself from voting to approve the purchase of the land for the school in September 2007. Commissioner Andrews moved to approve the appointments listed below. Commissioner Burgin seconded the motion and it passed unanimously. Planning Board Mr. N. Carrell Robinson (nominated by Commissioner Andrews) for a three year term to expire October 31, 2012. Local Firemen's Relief Fund Trustees Commissioner Hill nominated the recommended appointments of Local Firemen's Relief Fund Trustees from each fire department. (Attachment 2) Samantha Ficzko, Planner, presented proposed text amendments to the Harnett County Zoning Ordinance. Applicant: Harnett County Planning Department, Article IV General Provisions, Article VI Zoning Districts and Regulations and Article XVI Definitions. Planning Staff received a request by the Board of Commissioners to review regulations for the location of manufactured homes in the RA -30 Zoning District. In addition, there have also been several inquiries made into current buffering standards and outdoor display and storage area requirements. Proposed updates include amendments to address three areas of concern, as well as those changes found necessary by staff. The Planning Board reviewed the proposed amendments October 5, 2009 and unanimously recommended approval of both applications. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. There being no comments, Chairman McNeill closed the public hearing. Commissioner Andrews moved to table the proposed text amendments until the November 2, 2009 Board meetings. Samantha Fizcko, Planner, presented a proposed text amendments to the Harnett County Zoning Ordinance. Applicant: Michael Bassett, Parrish Signs & Service, Inc., Article IX Sign Requirements, Section 3.0 Illumination. This proposed amendment would allow for LED signage for all business. Requirements incude a minimum and maximum size and only allowed for one color. The Planning Board reviewed the proposed amendments October 5, 2009 and unanimously recommended approval of both applications. Chairman McNeill called to order a public hearing on the matter and opened the meeting for comments from the public. Mr. Michael Bassett, Parrish Signs & Services, Inc. spoke. There being no further comments, Chairman McNeill closed the public hearing. Commissioner Burgin moved to adopt the proposed text amendment as presented. The motion was seconded by Commissioner House and passed unanimously. (Attachment 3) Commissioner Burgin moved to bring the motion to freeze hiring and reinstatement dental insurance and 401K contributions for county employees off of the table for discussion. Mr. Snow said a motion could remain tabled for 100 days. Commissioner House seconded the motion which failed 3 to 2. Jennifer Slusser, Staff Attorney, presented a resolution declaring the intent of the County of Harnett to be designated as a recovery zone for the purposes of issuing recovery zone bonds. Mrs. Slusser noted that passing this resolution would not commit the County in any way yet is the first step of many in this process. Commissioner Andrews moved to approve, seconded by Vice Chairman Hill, the foregoing resolution "Resolution if the County of Harnett, North Carolina Declaring the Intent of the County of Harnett, North Carolina To Designate the County of Harnett County, North Carolina as a Recovery Zone for the Purposes of Issuing Recovery Zone Bonds ". The motion passes unanimously. (Attachment 4) Mr. Wilder updated the commissioners on bids received for the renovation to the old law enforcement center. Mr. Wilder reported the county was in negotiations with the lowest bidder given they had come in over budget and this would be brought back before the board soon. Mr. Steve Ward, Deputy Director of Public Utilities, submitted a resolution authorizing the finance application to the Local Government Commission for approval of the district's proposed extension of a bond order and to submit such application to the Local Government Commission. The Board reconvened as the South Central and Water District Board. Commissioner Andrews moved to approve, seconded by Vice Chairman Hill, the foregoing resolution "Resolution of the Board of Commissioners of the County of Harnett, North Carolina, Sitting as the Governing Body of the South Central Water and Sewer District of Harnett County, Authorizing the Finance Officer of the County to Prepare on Behalf of the District an Application to the Local Government Commission for Approval of the District's Proposed Extension of a Bond Order and to Submit Such Application to the Local Government Commission. (Attachment 5) The Board reconvened as the Harnett County Board of Commissioners. Mr. Sauer presented the Animal Control and Planning & Central Permitting Monthly Activity Reports. He reminded the Board of Commissioners of their upcoming Special Joint Session with the Board of Education on Tuesday, October 27, 2009 at 7:00 pm. Commissioner House asked counsel about the status of the agreement with Campbell University regarding the convocation center which is being worked on by the staff attorney. Commissioner Andrews moved to adjourn the meeting. The motion was seconded by Vice chairman Hill and the meeting ended at 8:17 pm. )8 ma Timothy B. cNeill, Chairman arg. et Regina D. el, Acting Clerk Attachment 1 'APPtoved by the Harnett County Board of . rn' ioner3 Date : 10/19/2009 TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES Tax, interest and No. ;: Name of Tax Payer' 1 DAVIS, WILLIAM LEE 175 PINEHAWK DR SPRING LAKE NC, 28390 0001662932- 2008- 2008- 000000 City County 0.00 61.96 2 FLAHERTY, LYNSEY V FLAHERTY, RYAN Q City 0.00 88 COTTSWOLD LANE 0001656699- 2008- 2008- 000000 SPRING LAKE, NC, 28390 County 98.18 3 MCKOY, CAROLYN SUE City() 46.46 851 WEST OLD RD 0001269191- 2009- 2005- 000000 LILLINGTON, NC, 27546 - 7618 County 0.72 4 MCKOY, CAROLYN SUE City() 41.61 851 WEST OLD RD 0001269191- 2009- 2006- 000000 LILLINGTON, NC, 27546 - 7618 County 0.64 5 MCKOY, CAROLYN SUE City() 35.15 851 WEST OLD RD 0001269191- 2009- 2007- 000000 LILLINGTON, NC, 27546 - 7618 County 0.52 6 MURCHISON, CHARLES City 0.00 THOMAS 0001676140- 2009- 2009- 000000 1910 BUFFALO LAKE RD SANFORD, NC, 27330 - 2233 County 2.18 7 NIPPER, TIMOTHY MARTIN City Ci 0.00 PO BOX 1314 0001663242- 2009- 2009- 000000 LILLINGTON, NC, 27546 - 1314 County 5.84 8 RAY, CARL FELTON City 0.00 RAY, SHARON MORRISON 0001404921- 2008- 2008- 000000 20297 HWY 24 -27 CAMERON, NC, 28326 County 7.31 9 RIVER BLUFFS HOME OWNERS 2417 RIDGE RUN LILLINGTON NC 275460000 LILLINGTON NC, 27546 - 0000 10 SMITH, ALBERT C JR SMITH, DAWN DEE 4029 BUTEO LN NORTH LAS VEGAS, NV, 89084 - 3505 11 SOUTER, GIFFORD M SOUTER BARBARA 1/3 UDV INT 102 WEST DIVINE ST DUNN NC, 28334 - 0000 12 THOMAS, TARA LATRICE 21 YELLOWWOOD PL CAMERON, NC, 28326 - 6184 WM. A. TONY WILDER Revenue Administrator CC: WM. A. TONY WILDER 0000045301- 2009- 2009- 000000 0001286039- 2009- 2009- 000000 0000060404- 2008- 2008- 000000 0001672115- 2009- 2009- 000000 City County City County City County City County 0.00 278.25 0.00 3.91 0.00 492.03 0.00 115.65 City Total County Total Total to be Refunded 61.96 Refund Military Exemption Military 98.18 Refund Exemption 47.18 Refund 42.25 Refund 35.67 Refund 2.18 Refund 5.84 Refund 7.31 Refund 278.25 Refund 3.91 Refund 492.03 Refund 115.65 Refund 123.22 1,067.19 1,190.41 Situs Correction Situs Correction Situs Correction Value Decrease Value Decrease Value Decrease Homeowners Association Exemption Military Exemption Value Decrease Military Exemption Attachment 2 October 12, 2009 Appointment of Local Firemen's Relief Fund Trustees: In order for the fire departments to participate in the Local Firemen's Relief Fund each year, they must submit a North Carolina Rural Fire District Report of Fire Conditions. This Report requires the appointment of two Trustees by the Fire Department, two by the Board of Commissioners and one by the Insurance Commissioner. Recommended appointments by the Board of Commissioners are listed below: Spout Springs Emergency Services George Williams Robert Doberstein Anderson Creek Emergency Services Elizabeth Rodriguez Bobby Montgomery Erwin Fire Department Ricky Blackmon Allen Monds Buies Creek Rural Fire Department Waymon Byrd Ashley Stewart Summerville Fire & Rescue, Inc. Bryant Keith Leo McDonald Benhaven Emergency Services William Hayes Margaret H. Douglas Averasboro/Dunn Emerg. Services Arnold B. Barefoot, Sr. Richard E. Hedgepeth Flat Branch Volunteer Fire Department Ron Burgess Holt Felment Flatwoods Community Fire Department Angus Strickland Cecil McNeill Coats -Grove Fire and Rescue, Inc. Graymon Powell Jay Smith Angier & Black River Fire Department Eric Byrd Harold Flowers, Jr. Boone Trail Emergency Vernon Cox Donald O'Quinn Northwest Harnett Volunteer Fire Dept. Glenwood M.Caviness, Jr. Richard Braswell Bunnlevel Volunteer Fire Department Everette Hurley David Miles Attachment 3 HARNETT COUNTY NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance 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 G.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 IX "Sign Requirements", Section 3.0 "Illumination" of the Zoning Ordinance shall be amended to read as indicated in "Attachment - Staff Proposal". "Attachment- Staff Proposal" is filed with the Zoning Ordinance in the Clerk to the Board's Office. Duly adopted this 19th day of October, 2009 and effective upon adoption. HARNETT COUNTY BOARD OF OMMISSIONERS eiNV Timothy :% A``// EST: cNeill, Chairman Marg et Regina D , Clerk to the Board. ATTACHMENT- STAFF PROPOSAL DR' .1E./ADD the following to Article IX "Sign Requirements" Section 3.0 "Illumination" Where Illuminated signs are permitted, they shall conform to the following requirements: 3.1 All signs illuminated under the provisions of this section shall be constructed to meet the requirements of the National Electric Code. 3.2 Signs which contain, include, or are lighted by any flashing, intermittent, or moving lights are prohibited, except as follows: A. Illuminated signs shall be permitted to provide information such as time, temperature, date, and public announcements related to the business on -site only. B. Such signs shall be permitted only as part of an otherwise permitted monument sign, provided that the illuminated portion shall be at least fifteen percent (15 %) of the total square footage area of the sign and shall not exceed thirty -five percent (35 %) of the total square footage area of the sign. C. Messages on such signs shall not change more than six (6) times per minute and shall be limited to one (1) color, either amber or red. D. Illuminated signs, as an addition to an existing sign, shall be comparable in composition, durability, and workmanship to the existing sign. 3.3 Illuminated signs shall be limited to those lighted internally with glass or plastic faces bearing the advertisement; provided, however, that exposed neon tubing and exposed incandescent or other bulbs not exceeding fifteen (15) watts each shall be permitted. 3.4 Display lighting shall be shielded so as to prevent direct rays of light from being cast into a residential area or district and /or vehicles approaching on a public right -of -way from any direction. 3.5 Flame is prohibited (even as a source of light). 1 Attachment 4 EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS A regular meeting of the Board of Commissioners of the County of Harnett, North Carolina was held on Monday, October 19, 2009, at 7:00 p.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, Timothy B. McNeill, Chairman of the Board of Commissioners of the County of Harnett, North Carolina (the "Board"), presiding and the following Commissioners present: The following members were present: Chairman Timothy B. McNeill Vice Chairman Beatrice Hill Commissioner Dan Andrews Commissioner Gary House Commissioner Jim Burgin The following members were absent: Also present: Scott Sauer, County Manager Tony Wilder, Deputy County Manager Dwight Snow, County Attorney Sylvia Blinson, Finance Officer Gina Daniel, Acting Clerk Commissioner Andrews 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 COUNTY OF HARNETT, NORTH CAROLINA DECLARING THE INTENT OF THE COUNTY OF HARNETT, NORTH CAROLINA TO DESIGNATE THE COUNTY OF HARNETT, NORTH CAROLINA AS A RECOVERY ZONE FOR THE PURPOSES OF ISSUING RECOVERY ZONE BONDS. WHEREAS, the County of Harnett, North Carolina (the "County") is a validly existing political subdivision of the State of North Carolina (the "State "), existing as such under and by virtue of the Constitution, statutes and laws of the State; WHEREAS, Section 1401 of the American Recovery and Reinvestment Act of 2009 (the "Act") revised the Internal Revenue Code of 1986, as amended (the "Code"), to create "recovery zone economic development bonds" and "recovery zone facility bonds" (collectively, "Recovery Zone Bonds"), which may be used to finance certain qualified projects in areas designated by an issuer as a "recovery zone" within the meaning of Section 1400U -1(b) of the Code; PPAB 1614414v2 WHEREAS, pursuant to the Act, the County has initially been allocated (1) $5,684,000 of its recovery zone economic development bond volume limitation and (2) $8,526,000 of its recovery zone facility bond volume limitation, which amounts are subject to change; WHEREAS, the Board has determined that it would be in the County's best interest designate the entire County as a recovery zone so as to permit the issuance of all or a portion of the County's Recovery Zone Bond allocation for one or more qualified purposes, including purposes that may not otherwise be eligible for tax - exempt financing; WHEREAS, as a result of recent economic conditions, the County as a whole has experienced general economic distress; NOW, THEREFORE, BE IT RESOLVED by the Board as follows: Section 1. Official Designation. The Board hereby finds that the County as a whole has experienced general economic distress and hereby designates the entire geographical territory of the County as a "recovery zone" in accordance with Section 1400U -1 of the Code. Section 2. Effective Date. This Resolution is effective immediately on the date of its adoption. On motion of Commissioner Andrews, seconded by Vice Chairman Hill, the foregoing resolution entitled "RESOLUTION OF THE COUNTY OF HARNETT, NORTH CAROLINA DECLARING THE INTENT OF THE COUNTY OF HARNETT, NORTH CAROLINA TO DESIGNATE THE COUNTY OF HARNETT, NORTH CAROLINA AS A RECOVERY ZONE FOR THE PURPOSES OF ISSUING RECOVERY ZONE BONDS" was duly adopted by the following vote: AYES: FIVE NAYS: NONE PPAB 1614414v2 STATE OF NORTH CAROLINA SS: COUNTY OF HARNETT I, MARGARET REGINA DANIEL, Acting 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 COUNTY OF HARNETT, NORTH CAROLINA DECLARING THE INTENT OF THE COUNTY OF HARNETT, NORTH CAROLINA TO DESIGNATE THE COUNTY OF HARNETT, NORTH CAROLINA AS A RECOVERY ZONE FOR THE PURPOSES OF ISSUING RECOVERY ZONE BONDS" adopted by the Board of Commissioners of the County of Harnett, North Carolina, at a meeting held on the 19th day of October, 2009. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 19 day of October, 2009. PPAB 1614414v2 ilkaaAficL • rtAikii MAR T REGINA . Acti Jerk to the B tr, Coun of Harnett, North Carolina Attachment 5 EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS A Regular Meeting of the Board of Commissioners (the "Board") of the County of Harnett, North Carolina was held on Monday, October 19, 2009, at 7:00 p.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, Timothy B. McNeill, Chairman of the Board presiding and the following Commissioners present: Commissioners Present: Chairman Timothy B. McNeill Vice Chairman Beatrice Hill Commissioner Dan Andrews Commissioner Gary House Commissioner Jim Burgin Commissioners Absent: None * * * Commissioner Andrews 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, SITTING AS THE GOVERNING BODY OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY, AUTHORIZING THE FINANCE OFFICER OF THE COUNTY TO PREPARE ON BEHALF OF THE DISTRICT AN APPLICATION TO THE LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF THE DISTRICT'S PROPOSED EXTENSION OF A BOND ORDER AND TO SUBMIT SUCH APPLICATION TO THE LOCAL GOVERNMENT COMMISSION WHEREAS, the Board of Commissioners (the "Board") of the County of Harnett, North Carolina (the "County"), sitting as the governing body of the South Central Water and Sewer District of Harnett County (the "District"), has previously adopted the following bond order for the following purposes and in the following maximum amount (the "Bond Order"): $42,000,000 of bonds to pay the costs of providing for the construction, equipping, renovation and furnishing of a centralized wastewater collection system within the District, including, but not limited to, the acquisition of pumping stations, the upgrading PPAB 1602199v2 of a wastewater treatment plant and the installation of gravity collection lines and forcemain. WHEREAS, the Bond Order was effective on its approval by the voters on February 4, 2003 and is effective through February 4, 2010; WHEREAS, on behalf of the District, the Board seeks approval from the Local Government Commission of a three -year extension of the Bond Order during which time the District expects to issue bonds in the amount of the remaining $32,247,000; WHEREAS, it is necessary, as a condition to the consideration and adoption of an extension of the Bond Order, to submit an application to the Local Government Commission for approval of the extension, all in the manner required by the Local Government Bond Act NOW, THEREFORE, BE 17' RESOLVED by the Board, sitting as the governing body of the District, that the Finance Officer of the County is hereby directed to file on behalf of the District with the Local Government Commission an application for the Local Government Commission's approval of the extension described above and to request in such application that the Local Government Commission approve the County's use of Parker Poe Adams & Bernstein LLP, Charlotte, North Carolina, as bond counsel for the District, and to state in such application such facts and to attach thereto such exhibits in regard to the extension as may be required by the Local Government Commission. On motion of Commissioner Andrews, seconded by Vice Chairman Hill, the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, SITTING AS THE GOVERNING BODY OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY, AUTHORIZING THE FINANCE OFFICER OF THE COUNTY TO PREPARE ON BEHALF OF THE DISTRICT AN APPLICATION TO THE LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF THE DISTRICT'S PROPOSED EXTENSION OF A BOND ORDER AND TO SUBMIT SUCH APPLICATION TO THE LOCAL GOVERNMENT COMMISSION" was duly adopted by the following vote: Ayes: Five Nays: None PPAB 1602199v2 State of North Carolina ss: County of Harnett I, Margaret Regina Daniel, Acting 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, SITTING AS THE GOVERNING BODY OF THE SOUTH CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY, AUTHORIZING THE FINANCE OFFICER OF THE COUNTY TO PREPARE ON BEHALF OF THE DISTRICT AN APPLICATION TO THE LOCAL GOVERNMENT COMMISSION FOR APPROVAL OF THE DISTRICT'S PROPOSED EXTENSION OF A BOND ORDER AND TO SUBMIT SUCH APPLICATION TO THE LOCAL GOVERNMENT COMMISSION" adopted by the Board of Commissioners of the County of Harnett, North Carolina at a meeting held on the 19th day of October, 2009. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 19 day of October, 2009. PPAB 1602199v2 Margar: Regina D. -1 Actin . ( Jerk to the : and of Commissioners Coun of Harnett, North Carolina