VILLAGE OF MARVIN  100041 New Town Road Marvin, NCI 28173 Tel: (704)8 843-1680 Fax:( (704)843-1660 Iwww.marvinne.org  CARO  VILLAGE COUNCIL MEETING MINUTES Tuesday, April 13,2021 -6 6:30pm Village Hall, 10004 New Town Road Regular Meeting (Virtual Meeting)  A.AGENDA ITEM 1. Call to Order  Mayor Pollino called the meeting to order at 6:30pm and determined a quorum was present. Present: Mayor Pollino, Mayor Pro Tem Vandenberg, Councilman Lein, Councilman Wortman Staff Present: Christina Amos, Austin W. Yow, Jamie Privuznak, Chaplin Spencer  Present Virtually: Councilman Marcolese  Absent: None  2. Consider. Allowing Councilmembers to Participate Remotely  MOTION: Mayor Pro Tem Vandenberg moved to allow Councilmembers toj participate remotely.  VOTE: The motion passed unanimously. 3. Adoption of the Agenda  Mayor Pro Tem Vandenberg requested to make thei following changes: Table Presentation #1 Recognition of Service of] Mary Sipe" MOTION: Mayor Pro Tem Vandenberg moved to adopt the agenda as amended.  VOTE: The motion passed unanimously. 4. Pledge of Allegiance Mayor Pollino led thej pledge of allegiance. 5. Public Comment Period No comments were given. B. PRESENTATIONS  KegHtpefserkeaNaysPe-TAILED TO MAY11 REGULAR MEETING  C.REPORTS AND UPDATES TIME STAMP: 2:25 1. Manager's Report  a. Village Sidewalks Update needed as ofl late. b. Accounting Firm RFP  Christina Amos, Village Manager, informed Council that the Village is responsible for repairing sidewalks in subdivisions that dor not have maintenance agreements with the Village. She added that more repairs have been  Ms. Amos explained thatt thel Finance Officer will be on maternity leave in ai few months and the Village is looking to hire an accounting firm to assist inl her absence, as well as to assist staffi in future annual audits. She added that staff Ms. Amos informed Council that thel RFPI has been issued andt that bids are due back on May 7. AJ joint meeting with the Weddington Council toj present the proposals willl be held on either May 17 or 24. The Marvin Village Council  would be issuing an RFP this week and that proposals would be due in about ai month. Solid Waste Update/Joint Meeting with' Town of Weddington will consider awarding the contract on. June 8.  Page117    d. American Rescue Plan Update future meeting.  Ms. Amos informed Council that she did noty yet! have an update on this item but noted that she will report back ata Ms. Amos informed Council that thel locall bill regarding defense ofpolitical candidates has been submitted tol North Carolina General Assembly and that our state representatives are rallying support. She added that a trip has been planned for Tuesday, April 20 for Councilmembers to meet with state legislators at the General Assembly to advocate Ms. Amos informed Council that the contract for miscellaneous repairs has been signed by the vendor. She added that al lot ofe emergency repairs have been required as ofl late. Council discussed the Vilage'senginering: services in  Legislative Update (Proposed Housing Bill/Defense Local Billl Request)  for this bill.  AIlI Inclusive Contract Update  depth. Disc-Golf Update  Ms. Amos did not give an update on thisi item. h. Street Signage Replacement Update  Ms. Amos did not give an update on this item, but noted that the replacements should happen soon.  TIME: STAMP 18:25 2. Planner's Report  Rohit Ammanamanchi, Planning and Zoning Administrator, being absent from this meeting, entered his report into the record.  a. Street Light Ordinance  Thel lighting ordinance has been delayed due to the lack ofknown installation process for what Iv would be proposing for adoption. Ih have been waiting for the process ofthei installation of roundabout lighting tol be complete in order to include the steps oft that process within that ordinance. I would not want toj propose an ordinance for adoption untill I havet the entire process clarified, because the process seems to evolve every few months. Once we have one successful installation under our belt, this ordinance will include the whole exact process, but until then, Iask the Council to consider putting this task on hold. There is no estimation for how long the process will take at this time. Iwould like to clarify that a zoning district must have parameters in order to legally constrain development proposals. For example, ift the Zoning District only said, "Commercial is allowed here" and nothing else, then we would be legally required toj permit a skyscraper. Even in a Conditional Use, the Zoning District must have parameters, then the applicant can ask to exceed the parameters. However, it has been made clear byt the community that density is not the desired parameter, therefore, al Form-Based Code will be drafted for presentation to thel MHD Committee inl May. A Form-Based Code will only limit the development by the style of architecture, setbacks, buffers, and permitted  b. MHD Zoning Details  commercial uses, not by the conventional methods of density and capacity.  Code Reorganization Timeline Update  The revisions to our code required by NCG.S. $160D are: required to be made by. July 1st, 2021. Staff! has completed the review oft the code reorganization and compliance with 160D and willl be presenting to the Planning Board in April and May. Council should then be ablet tol hold aj public hearing at the. June 8th meeting and adopt either then if no changes are needed, or at the. June 24th Work Session. The changes proposed would be required by the State, sO noti much discussion would be needed, and this Public Hearing would be largely informational. At this time, Staff will also include revisions such as minor typos, updates, and changes that have been discussed such as roadway median  planting and strengthening the definition of Dwelling.  TIME STAMP 20:40 3. Roads Report TIME STAMP 21:40 4. Deputy's Report  Ms. Amos explained that the Village has had many roadi issues that have required emergency repairs.  Deputy Gallis presented his report on calls received in March 2021. Council asked questions regarding patrols.  Page217    TIME STAMP 25:35 5. Planning Board Chair Report the March Planning Board meeting. TIME: STAMP 29:00 6. PR&G Chair) Report  Councilman Marcolese briefed Council about discussions regarding density and Marvin Heritage District that occurred during  Chairman John Baresich briefed Council on the planning process for the 2022 Marvin Day Celebration, as well as other items  discussed at the previous PR&G Board meeting.  D. CONSENT: AGENDA (Consent agenda ilems may be considered: in one motion and without discussion exceptj for those items removed byq  Councilmember): TIME STAMP 31:50  MOTION: Mayor Pro Tem Vandenberg moved to approve the consent agenda as presented.  VOTE: The motion passed unanimously.  1. Consider Adoption of Council Minutes from the 2/19/21 (Retreat), 3/8/21 (Joint with Planning Board), 3/9/21 (Budget Work Session), 3/9/21 (Regular), 3/10/21 (Special),3/10/21 (Village Hall Design Finishes Subcommittee) Meetings 2. Deem Cashi in the Amount Less than $500 Found on or Around December 2020 on Village of Marvin Property 3. Consider Call for a Public Hearing to Consider the Village of Marvin's Recommended FY22 Annual Operating Budget tol be Held on Wednesday, May 12 at 6:30pm at Forest Hill Church, located at 8120 Kensington Drive, Waxhaw, NC 4. Consider Acceptance ofJanuary 2021 Treasury Report (Treasury Reports are available on the Village' 's website).  Abandoned and Place in the Village's General Fund  E. PUBLIC HEARING! TIME STAMP 32:00 Members from Five (5) to Six (6) VOTE: The motion passed unanimously. a. Public Comments No comments were, given. VOTE: The motion passed unanimously.  1. Open thel Public Hearing to Consider an Ordinance Amending the Village Charter to Change the Number of Council  MOTION: Mayor Pro Tem Vandenberg moved to open the public hearing.  MOTION: Mayor Pro" Tem Vandenberg moved to close thej public hearing.  Chaplin Spencer, Village Attorney, briefly explained ther next steps in the process of amending the Village Charter. Council also inquired about pending legislation ini the General Assembly about postponing the November elections. 2. Open thel Public Hearing for Conditional Usel Permit Application #21-12608: 3315 Sandalwood Drive, Pool in al Rear Yard that abuts a Side Yard (See attached documents, Item E.2., which are included as references in these minutes).  TIME STAMP 38:55 a. Public Comments the applicant, John Baresich. b. Discussion and Consideration  Christina Amos, serving as Deputy Clerk, swore in Austin W. Yow, Village Clerk and Assistant tot the Manager, and MOTION: Mayor Pro Tem Vandenberg moved to approve Conditional Use Permit #21-12608:: 3315 Sandalwood Drive, Pool in al Rear Yard that abuts a Side Yard, contingent on comments contrary to the decision within 241 hours after the conclusion of the public hearing; and to findi in the affirmative these findings of fact: 1. The use will not materially endanger the public health or safety ifl located where proposed and developed 3. The use will not substantially injure the value ofadjoining or abutting property, or the use is aj public necessity.  according toj plan.  2. The use meets alli required conditions and specifications.  Page317    4. Thel location and character oft the use, if developed according to the plan as submitted and approved, willl be in harmony with the area: in which iti ist tol be located and willl bei in general conformity with this chapter and the  Village Land Use Plan. VOTE: The motion passed unanimously.  F. VILLAGE HALL TIME STAMP 47:20  Ms. Amos explained that the contract has been signed and that the Village is waiting tol have thej permits approved by the County. She added thatt the contract for the sewer. line extension has yet to be signed and permits are also stillj pending. Lastly, Ms. Amos stated that an additional meeting of the Village Hall Design Finishes Subcommittee willl be needed. Mayor Pollino  and) Mayor Pro Tem Vandenberg agreed tol hold this meeting on. April 28 at 1lam.  G. UNFINISHED BUSINESS TIME: STAMP 58:30  1. Discussion and Consideration of Incorporating a Candidate Questionnaire into the Village's Website AND Consider Adoption of Candidate Questionnaire Policy (See attached policy, Item G.1., which is included as a reference ini these minutes). Mr. Yow asked Council for their feedback and any requested revisions on the draft policy. Council discussed questions to  include on the questionnaire in depth. VOTE: The motion passed unanimously. VOTE: The motion passed unanimously. TIME STAMP 1:07:05  MOTION: Councilman Marcolese moved to adoptt the Candidate Questionnaire Policy.  MOTION: Councilman Lein moved to incorporate a candidate questionnaire into the Village's website.  2. Discussion of Statement of Economic Interest and Code of Ethics Forms  Mr. Yow informed Council regarding advisory board members who have yet to complete and return their Statement of  Economic Interest and Code of] Ethics forms.  H. NEW BUSINESS TIME: STAMP 1:10:30  1. Discussion and Consideration of Awarding Bank Bid Not tol Exceed $1.81 Million, for the Installment: Purchase Agreement Contract for the Construction of Marvin Village Hall, located at 10006 Marvin School Road AND Authorize Manager to Execute. Agreement Contingent Upon Attorney Review (See attached documents, Item H.1., which are Jamie Privuznak, Finance Officer, presented a revied staff report explaining that staffrecommends awarding the bank bid to Sterling National Bank for their proposal ofa 20-year term ata a 2.75% interest rate for at total par amount of $1,175,000 anda total debt service of about $1,509,893. Council discussed the proposals in depth and chose agreed that a 15-year term would be MOTION: Mayor Pro Tem Vandenberg moved to award the bank bidt to' Truist Bank in an amount not to exceed $1.41 million for financing for Village Halli for a 15-year term at 2.38% AND: authorize Manager to execute loan closing documents  included as references in these minutes).  preferable.  contingent upon attorney review. VOTE: The motion passed unanimously. TIME STAMP 1:35:30 the General Government Budget  2. Discussion and Consider Adoption of General Fund Budget Ordinance to Amend Various Operating Expense Lines in  OR-2021-XX-xX  AN ORDINANCE AMENDINGTHE GENERAL FUND) BUDGET ORDINANCE  BEI IT ORDAINED by the Village Council oft the Village ofl Marvin, North Carolinai that the following amendment be made tot the  annual budget ordinance fort thei fiscal year ending June 30, 2021:  Page417    SECTION 1. Toa amend the General Fund Budget, thei revenues and appropriations are to be changed as shown.  AMENDMENT AMOUNT ($2,400) $400 $2000  TYPE Expense Expense Expense  BUDGET. ACCOUNT Office Supplies - General Government (A/C4810) Gifts General Government (A/C 4402) Codification of Ord. - General Government (A/C5003)  FROM $10,435 $700 $5,000  TO $8,035 $1,100 $7,000  Reason: To reappropriate funds from various operating expense lines in the General Government and the Planning and Zoning budgets to rebalance the expense overages in the Fellowship Hall, Advertising and Public Hearing Notice line-items. SECTION 2. Copies of this budget amendment shall be furnished tot the Clerk to the Governing Board, andt to the Budget Officer  and thel Finance Officer for their direction. Adopted this 13th day of April 2021. Expense Lines in the General Government Budget. VOTE: Thei motion passed unanimously. TIME: STAMP 1:36:30 to thel list. TIME: STAMP 1:46:40  MOTION: Mayor Pro Tem Vandenberg moved to approve the General Fund Budget Ordinance to Amend Various Operating  3. Discussion and Consideration of Communication Topics for May 2021  Mr. Yow asked Council for feedback regarding the draft list of communications for May 2021. Council added additional topics  4. Discussion of Spring Town Hall Meeting Agenda 1lam to rehearse for the Spring Town Hall. TIME STAMP 1:53:35  Council discussed topics to be included on the agenda for the Town Halll Meeting scheduled for Wednesday, May 12 at 6:30pm at Forest Hill Church in Waxhaw. Council agreed that a special meeting should be scheduled for Thursday, May 6 at  5. Discussion and Consideration of Special Warranty Deed to Transfer Ownership of Marvin Gardens Park Parcel to Village of Marvin Contingent on Attorney Review (See attached deed, Item H.5., whichi is included as a reference in these mimutes). MOTION: Mayor Pro" Tem Vandenberg moved to accept the special warranty deed toi transfer ownership of Marvin Gardens  Park Parcel to the Village ofMarvin, contingent on attorney review.  VOTE: The motion passed unanimously. TIME: STAMP 1:56:00 Opportunities  6. Discussion and Consideration of Resolution Opposing Senate Bill: 349 and House Bill 401 to Increase Housing Ms. Amos explained that the proposed legislation being considered in thel North Carolina General Assembly would require municipalities toj provide "middle housing" (duplex, triplex, quadplex, townhomes) wherever single-family housing is currently allowed. Council discussed this item in depth and directed staff to add this topic to the communications list.  RS-2021-XX-xX  Al RESOLUTION OPPOSING SB: 349/HB 401TO INCREASE HOUSING OPPORTUNITIES  WHEREAS, thel legislation proposed in SB: 349/HB 401 is of great concern to the Village of Marvin and other municipalities WHEREAS, provisions within this legislation would severely diminish or even eliminate the ability ofl local government to determine what is best fori its community or even allow community input or involvement in the decision-making process; and  within] North Carolina; and  Page517    WHEREAS, development would become uncontrolled and reckless with little to no regard forj property-owners rights, existing land use plans and visions, and the added stress and demand on ai municipality's infrastructure which would eventually leadt to WHEREAS, Village officials were elected by their citizens toj protect and preserve the quality ofl life that they have come to WHEREAS, residents could not enjoy as safe and secure, clean and well-kept environment with plenty of amenities offered, if ity weren't for the efforts put forth by its elected officials and Village staffi in utilizing effective and proven zoning processes WHEREAS, a one-size fits all approach to land use is heavy-handed and overreaching- al blatant attack on local land-use WHEREAS, grouping all cities and towns under one: statewide zoning mandate would eliminate thes single-family: zoning designation and allow multi-family housing ine every neighborhood which will cause thej population growth to outpace the available amenities andi infrastructure, including parking, HOA amenities, school capacity, water and sewer capacity, roadway  declining property values; and  enjoy; and  thati include community input; and decision-making; and  capacity and more; and  WHEREAS, increased housing does not guarantee more affordable housing nor does this legislation.  NOW, THEREFORE, BE. IT RESOLVED the Marvin Village Council hereby opposes the legislation proposed in SB 349/HB 401 and urges legislators to prevent it from becoming law andt to work together to: find real ways to advance affordable  housing opportunities. Adopted this 13"h day ofApril2021. Increase Housing Opportunities as amended. VOTE: The motion passed unanimously. TIME STAMP 2:04:40  MOTION: Mayor Pro" Tem Vandenberg moved to adopt thel Resolution Opposing Senate Bill 349 and House Bill 401 to  7. Review AND Consider Adoption of Council Minutes from the: 3/23/21 (Joint with PR&G Board), 3/24/21 (Village Hall  Design Finishes Subcommittee), and 3/25/21 (Work Session) Meetings Council reviewed the draft minutes and made no changes.  MOTION: Mayor Pro" Tem Vandenberg moved to approve the minutes from the 3/23/21 (Joint with PR&G Board), 3/24/21  (Village Halll Design Finishes Subcommittee), and 3/25/21 (Work Session) meetings as presented.  VOTE: The motion passed unanimously.  I. - OPEN TOPICS TIME STAMP'2:08:25  Unannexed Village-Owned Parcel at Marvin Efird Park  Mayor Pollino informed Council that he spoke with former Administrator Terri Patton and former Councilman Anthony Burman about why a 1.66-acre, Village-owned parcel that is part ofN Marvin Efird Park was never annexed. He clarified that at thet time, annexing that parcel would have violated as state lawj prohibiting satellite (non-contiguous) annexations from exceeding ten percent ofai municipality's corporate limits. However, this constraint no longer applies, as Marvin's corporate  limits have expanded since thet time oft the Park annexation.  J. AGENDA ITEMS TIME STAMP 2:10:10  1. Review of Action Items and Ongoing Action Item List  Ms. Amos will organize and order al banner for the Village Hall Groundbreaking Ceremony on. Friday, April 30 at Ms. Amos will ensure the "Future Site of Village Hall" sign gets put back up at thes site for the ceremony.  noon.  Page617    Ms. Amos and Mr. Yow will: send thei resolution opposing thes state housing legislation to state representatives, Mr. Yow will schedule a special meeting oft the Village Hall Design Finishes Subcommittee on Wednesday, April Mr. Yow will schedule a special meeting of the Village Council on' Thursday, May 6 at 1lam to rehearse fort the Mr. Yow will email Mike Gilboy his Statement of] Economic Interest and Code of Ethics forms. Mayor Pollino will call Marvin Ridge High School about getting the band to perform at the Village Hall Mr. Ammanamanchi will provide an update on roundabout lighting at a future meeting. Mr. Ammanamanchi will research the minimum requirements for STIP grants.  the media, and other relevant organizations.  28 at 1lam. Spring Town Hall Meeting.  Groundbreaking Ceremony on. Friday, April 30 at noon.  Council chose not to review the ongoing action item list.  TIME STAMP2:14:35 2. Council Comments  Mayor Pollino: He thanked staff for their hard work, especially with the advancement of Village Hall. He cautioned everyone Councilman Lein: He thanked Deputies Gallis and Montgomery for their hard work with traffic stops. Hei thanked staff for Councilman Wortman: Het thanked staff fort their hard work. He acknowledged the hard work ofI Deputies Gallis and  driving with kids going back to school. He encouraged everyone to get their COVID-19 vaccine.  their hard work.  Councilman Marcolese: He thanked staffi for their hard work.  Montgomery with traffic stops. K. CLOSED SESSION TIME STAMP2:18:20 personnel.  1. Recess into Closed Session Pursuant of NCGS $143-318.11(a)(6) to Discuss Personnel  MOTION: Mayor Pro" Tem Vandenberg moved toi recess into Closed Session pursuant ofNCGS $143-318.11(a)(6) to discuss  VOTE: The motion passed unanimously. (Recording omits Closed Session) VOTE: The motion passed unanimously.  MOTION: Mayor Pro" Tem Vandenberg moved to return to open session.  L. ADJOURNMENT  MOTION: Mayor Pro Tem Vandenberg moved to adjourn. VOTE: The motion passed unanimously.  6-8-31  Adopted:  OF SGEO SEAL N.C.  #R  Austin W. Yow Village of Marvin  Ehuke  Village Clerk & Assistant to the Manager  Page717    THem E.2.  Village of Marvin North Carolina  DATE: TO:  April 5, 2021  Mayor and Village Council  FROM: Rohit Ammanamanchi, Planner/Zoning Administrator  SUBJECT: The Village Council is requested to review Conditional Use Permit #21-12608 to allow an above ground swimming pool to be located ini the rear yard ofai residential lot that is adjacent to the side yard oft three other residential lots. Baresich Residence, 3315 Sandalwood Drive, Marvin.  Actions Requested by Village Council  The applicant's property is located at 3315 Sandalwood Drive in Marvin, NC and is zoned R-Marvin Residential. The residence is located ini the Providence Road Estates subdivision. The surrounding The applicant is proposing to construct an above ground swimming pool to be located in the rear yard. However, a Conditional Use Permit (CUP) is required when aj pool is located in a lot where the: rear yard abuts the side yard of an adjacent lot per $151.054(E)(3) ofthe Marvin Ordinance. This loti is adjacent to three side yards of 3320 Oak Brook Drive, Seale Residence; 3317 Oak Brook Drive, Pina  properties are zoned R-Marvin Residential.  Elerated Pool dock  Residence; and 3309 Oak Brook Drive, Sipe Residence. APublic Hearing is required before Village Council approval.  Overview  A Conditional Use Permit is a process which allows the Planning Board and Village Council to review and approve specific uses that are in keeping with the intent and purpose ofthe zoning district but may have substantial impacts on the surrounding area. This process allows conditions or restrictions tol be Swimming pools are an accessory use allowed in the R-Marvin Residential District, provided that the  placed on an approval that would minimize impacts to the surrounding area. pool is located ini the rear yard and the following setback requirements are met:  Swimming pool, measured from  20 feet rear yard 20 feet side yard or the principal structure on the street side 20 feet side and rear yard 15 feet rear yard 20 feet side yard or the principal structure on the street side See $151.054 (B)  water's edge Pool Equipment Pool Decking  Pool houses, cabanas, and the like  Allswimming pools located on lots where a rear yard abuts a side yard ofan adjacent lots shall be  subject to a conditional use permit as provided for in $151.100.    Thej proposed pool complies with all setback requirements, having a 363' rear yard setback The pool is to be located approximately 363 feet from the rear property line. There is existing heavy Additionally, the applicant has secured written testimony of all three neighbors whose side yard is adjacent to thei rear yard ofhis] property (and the two side adjacent neighbors although those properties  (minimum 20") and 115'/79' left/right side setbacks (minimum 20).  screening including evergreens.  are not involved with the CUP)  Finding of] Facts following findings:  Inc consideration of the request for a Conditional Use Permit, the Village Council will need to make the 1. The use will not materially endanger thé public health or safety if located where proposed and 3. The use will: not substantially injure the value of adjoining or abutting property, ort the use: is a public 4. The location and character oft the use, ifdeveloped according to the plan as submitted and approved, will be in harmony with the area: in which it is to be located and will be in general conformity with 5. Additional review criteria, as stated in this chapter shall also be considered and addressed where  developed according to plan;  2. The use: meets all required conditions and specifications;  necessity;  this chapter and the Village Land Use Plan; and  required. There are no additional review criteria for the proposeduse.  Recommendation conditions.  The Planning Board reviewed and unanimously approved CUP #21-12608 on. March 16, 2021, with no This request is consistent with the intent of the Village of Marvin's Zoning Ordinance. Staff has identified that the applicant has existing above-average screening of this lot, secured written testimony from all adjacent neighbors, and has significant setbacks; therefore, Staffrecommends approval of CUP  #21-12608 as presented.    VILLAGE OF MARVIN  10004 New Town Road Marvin, NC] 28173 Tel: (704)843-1680 I Fax: (704) 843-1660 www.marvinne.org  A  CONDITIONAL USE PERMIT APPLICATION  PAGE10F3  Application Number:  Application Date: 3/1/21  Applicant's Name: John Baresich Property Owner's Name: (704)608-4910 Applicant's phone  John Baresich  Same Owner's phone  (704)608-4910 Mobile  FAX  Relationship of Applicant to Property Owner: Same Property Location: 3315 Sandalwood Ln. Waxhaw, NC 28173  Parcel Number: 06213052 Existing Zoning: R- Residential  Deed Book and page #: 6603581  Proposed Conditional Use: Looking to add a pool in al backyard that abuts a sideyard.  Ac completed written application for a Conditional Use Permit shall be filed with the Zoning Administrator. The application, at a minimum, shall include the following required 1. As scaled boundary surveyed drawn to an appropriate scale prepared by and certified to be correct by a surveyor or engineer registered with the State of North Carolina, showing the total acreage, present zoning classification(s), date and north arrow. On this survey shall be sketched the information 2. The owners' names, addresses, and tax parcel numbers (as shown on the current year Union County Tax 3. All existing easements, reservations, rights-of-way and all yard requirements for the zoning district. 4. A site plan showing all existing and/or proposed buildings, storage areas, parking and access areas, proposed size, layout and setbacks of land and proposed structures, and proposed number, type, and location of signs. For residential uses this shall include the number of units and an outline of the area where the structures will be located. For nonresidential uses, this shall include the approximate square  information:  required in sections 3,4,5,6, and' 7.  Records), and the uses and current zoning classifications of all adjacent properties.    VILLAGE OFI MARVIN Conditional Use] Permit Application Page2of3  footage of all structures and an outline oft the area where the structures will bel located.  5. Traffic, parking and circulation plans, showing the proposed locations and arrangement of parking 6. Landscape plan at the same scale as the site plan showing existing and proposed trees, ground cover and landscape material, proposed screening, including walls, fences or planted areas as well as  spaces and access points to adjacent streets.  treatment ofany existing natural features. 7. Plans and elevations for all proposed structures.  8. Depending on the nature of the proposed conditional use, the Zoning Administrator (or the Planning Board or Village Council) may require that the following information be submitted in scaled form a) Delineation of the areas within the floodplain as shown on the official flood hazard boundary b) Accurate mapping of all soil classifications found on the site and general depths thereof. The applicant shall use the same classifications used by the U.S. Department of Agriculture.  along with other required information:  maps.  c) Existing and proposed topography at five (5): feet contour intervals. d) Plans for providing potable water and for the treatment of wastewater. 9. Proposed phasing, ifany, and approximate completion time oft the project.  a) All applications shall be signed by the applicant and shall be submitted with any application fee b) The Zoning Administrator shall present any properly completed application to the members of the Planning Board at least fifteen (15) days prior to their next regularly scheduled meeting. The Planning Board by majority vote may shorten or waive the time provided in the Article for C) The Planning Board shall have a maximum of thirty (30) days from the date at which it met or until its next regularly scheduled meeting, whichever is longer, to review the application and to submit its recommendation to the Village Council. Ifa recommendation is not made during said time period, the application shall be forwarded to the Village Council without a d) When dealing with the Conditional Use Permit process, it may be desirable to request additional information in order to evaluate a proposed use and its relationship to the surrounding area. Therefore, the Planning Board and/or Village Council may request needed Once the application is forwarded to the Village Council from the Planning Board, the Village Council shall consider conducting a public hearing as prescribed in Article 12.1.7 (a public  required by the Village.  receipt of a completed conditional use application.  recommendation from the Planning Board.  additional information as they deem necessary.    VILLAGEOFA MARVIN Conditional Use Permit Application Page3of3  hearing is required if CUP is to be approved). In the event the Village Council deems aj public hearing appropriate, due notice of such public hearing shall be as prescribed in Article  12.1.7(A) and (B) of the Village ofl Marvin Zoning Ordinance.  X' This completed application shall be submitted to the Zoning Administrator and shall not be considered complete unless accompanied by all required information and a fee in accordance with the current Fee Schedule adopted by the Village ofMarvin. Please note: all fees for regulation approval in the Village ofMarvin are non-refundable, and checks that are returned will be subject to a returned check fee in accordance with the current fee schedule  adopted by the Village of Marvin.  To the best ofn my knowledge, all information herein submitted is accurate and complete.  Signature of] Property Owner Signature of Applicant application.  Date Date  All of the information herein required has been submitted by the applicant and isi included or attached with this  Signature of Zoning Administrator  Date  This section to bej filled out by the Zoning Administrator  1. Completed application submitted on 2. First reviewed by Planning Board on 3. Action by the Planning Board taken on 4. Action oft the Planning Board: 5. First reviewed by Village Council on 6. Public Hearing held on 8. Publication notices filed in  7. Notification posted on Village of Marvin bulletin board on  (name of newspaper) and  on  (date of publication)  (date of publication)  9. Action by the Village Council taken on: 10. Action oft the Village Council:  Rev. 01/09    E @ @ 5 L CU  3  - 9  b0 E 0 E 8    6 N à C a @ 9 e / E  3 a o 3 o C 1 3  a a E  5  a @ S  8  @  a L 3 N n O E a @ a A E 3 I e  8  E B 3 o  d  e 3 9 E  N / la 00 - I B E B e   J 3p  - - o  a  I  iun  - -    0 C  a  - -  e    C @ b0 C E  ) 6  3  N  a    e    8 a E / - -  5  -  3  -  8    e-e   C aU e 0 -      00 3  @ @ KO   & 3    % ( 3  8 3  C  )  de 9 L S S oD & a 5    4R47    W %  ASW        3 5 & 2  78.84 70746  GRAVEL DRIVE.  33  - @ A -  39-90LSN  E  3 :    3 3 & 2  78.84  GRAVEL DRVE  a  @ 6 0  n O :  39-80ZSN  3    S 1)  2 00    4  C / € 8  b0 C 6    S  - @ o 2 00 E €  a a E E L  ) 3 S - S e C    3-33  Er  t - b0 n 5  S C a la e    Proposed Height of Retaining Wall for Pool Deck  Retaining all    Additional View of Elevation Change    Water Issues In Basement        View From Back Deck Showing Existing Natural Screening    Tten G.I. Subject Administration Number of] Pages 1  Policy Number P-2021-04-01 Adopted April13,2021 PURPOSE SCOPE questionnaire. POLICY  Title Candidate Questionnaire Policy Adopted by Village Council  The purpose oft the Candidate Questionnaire Policy is to regulate the usage and scope ofa candidate questionnaire that may bei incorporated into the Village' 's website during an election.  The Candidate Questionnaire Policy applies to all candidates for the Village Council that seek to use the  The Marvin Village Council may incorporate, by majority vote, a questionnaire into the Village's website during an election year for Mayoral or Council candidates. Ifa questionnaire is implemented, it must be advertised through the Village's communication channels and made available to any Mayoral or Council In addition to basic information about each candidate (name, address, subdivision, contact information,  candidate wishing to use it.  education, occupation), the questionnaire shall consist of the following questions: 1. Briefly describe yourself and your background. 2. Describe your experience and accomplishments. 3. What would be your top priorities for your term in office? 4. How do you plan to address those priorities?  5. What is your long-term vision for the Village and how do you plan to: make it a reality? Candidates may, but are not required to, include aj photograph with their submission. Those wishing to use the questionnaire to share information shall:  Complete their submission online before two weeks elapse from the candidate filing deadline, as  set by NCGS $163-294.2(c).  Answer each question with a maximum of 150 words per question.  Those wishing to use the questionnaire shall not:  Use the platform to attack other candidates or to use vulgar or inappropriate language.  Include external links or references to other websites. Make more than one submission. Make submissions that are unrelated to the questions. Ask stafft toi revise or update their submission.  Ask staff to answer questions regarding the content of other candidates' submissions. Any candidate that violates this policy will have their submission rejected after review by the Village Attorney. Candidates that wish to have their submission removed may make such request in writing via Completed submissions shall be listed on the Village' 's website in alphabetical order by the candidates' At the close of the election season, the candidate questionnaire shall be removed from the Village's  email to the Village Clerk. last names. website.    Ttem  H.I.  VILLAGE OF MARVIN  10004 New Town Road Marvin, NCI |28173 |Tel:( (704)843-1680 Fax: (704)843-1660 IV www.maryinnc.org  Memorandum  TO: FROM: DATE:  Mayor and Village Council Jamie Privuznak, Finance Officer Tuesday, April 13,2021  SUBJECT: Village Hall Bank Request for Proposals  Background:  On March 10, you approved ai resolution (RS-2021-03-01), which authorizes the Village Manager and the Finance Officer to negotiate a contract to finance the construction and related costs associated with building Village Hall. In this resolution, you also directed Village staff to: file an application with the Local Government Commission (LGC) to seek permission to borrow funds not to exceed $1.8: million from a lender, using an installment purchase agreement contract as the The Village of Marvin is in the process of completing its application to the Local Government Commission (LGC) to request permission to borrow these funds in May 2021. First Tryon is. serving as the Village's financial advisor and is guiding Village staff through the components of the LGC application. Parker Poe is serving as Special Counsel to draft. key documents such as the  "lending" tool.  Deed ofTrust, which is part of the closing on the bank loan.  Current:  On March 15, First Tryon distributed a Request for Proposals to various banking institutions for a commercial loan not to exceed $1.8 million for the construction of Village Hall. On April 5, First Tryon received three proposals from the following institutions:  1) Truist (formerly BBT), 2) Sterling National Bank and 3) Bci Capital Management Group.  After review of the proposals, Village staff suggests your consideration of Sterling National Bank's proposal ofa 20-year term at a 2.75% interest rate for a total par amount (i.e., What you will borrow) at $1,175,000 and ai total debt service about of$1,509,893 as the potential bid award.  Thej proposals are attached for your review, consideration and discussion.    VILLAGE OF MARVIN  10004 New Town Road Marvin, NCI 28173 Tel: (704) 843-1680 |Fax: (704) 843-1660 www.marvinnc.org  Suggested Action: Award Bank Bid, not to exceed $1.8 million, for the installment purchase agreement contract for the construction of Village Hall, located at 10006 Marvin School Road  AND. Authorize Manager to. Execute. Agreement Contingent Upon. Attorney.    0o    3    FIRST/TRYON ADVISORS  SOURCES. ANDI USES OF FUNDS Village of Marvin, North Carolina 2021 Installment Financing Sterling National Bank- 20 Year Option (2.75%) Final Numbers- April 6, 2021  Dated Date Delivery Date  05/13/2021 05/13/2021  Sources: Bond Proceeds: Par Amount  1,175,000.00 1,175,000.00  Uses: Project Fund Deposits: Project Fund Delivery Date Expenses: Cost of Issuance  1,133,000.00 42,000.00 1,175,000.00  Apr 7,2021 10:56 am Prepared by First" Tryon Advisors (DC)  Page 1    FIRST/TRYON ADVISORS  BOND SUMMARY STATISTICS Village of Marvin, North Carolina 2021 Installment Financing Sterling National Bank- 20 Year Option (2.75%) Final Numbers- April 6, 2021  Dated Date Delivery Date First Coupon Last Maturity Arbitrage) Yield Truel Interest Cost (TIC) Net! Interest Cost (NIC) AlHnTIC Average Coupon Average Life (years) WeightedA Average Maturity (years) Duration ofi issue (years) Par Amount Bond Proceeds Total Interest Netl Interest Total Debt Service Maximum Annual Debt Service Average Annual Debt Service Underwriter's Fees (per $1000) Average Takedown Other Fee Total Underwriter's Discount Bid Price  05/13/2021 05/13/2021 10/01/2021 04/01/2041 2.750193% 2.750193% 2.750000% 3.175881% 2.750000% 10.364 10.364 8.743 1,175,000.00 1,175,000.00 334,892.71 334,892.71 1,509,892.71 89,717.50 75,937.60  100.000000 Average Average  Par Value 1,175,000.00  PVofibp change 1,015.46 1,015.46 Arbitrage Yield 1,175,000.00  Bond Component Bond Component  Price Coupon  Life 10.364 Ali-In TIC 1,175,000.00 -42,000.00 1,133,000.00 05/13/2021 3.175881%  1,175,000.00 100.000 2.750% 10.364  TIC 1,175,000.00  Par Value +/ Accrued Interest + Premium (Discount) Underwriter's Discount -Costo ofl Issuance Expense -Other Amounts Target Value Target Date Yield  1,175,000.00 05/13/2021 2.750193%  1,175,000.00 05/13/2021 2.750193%  Apr7 7,2021 10:56 am Prepared by First Tryon Advisors (DC)  Page: 2    FIRST/TRYON ADVISORS  BOND PRICING Village of Marvin, North Carolina 2021 Installment Financing Sterling National Bank- 20 Year Option (2.75%) Final Numbers- April 6, 2021 Amount 58,000 2.750% 59,000 2.750% 59,000 2.750% 59,000 2.750% 59,000 2.750% 59,000 2.750% 59,000 2.750% 59,000 2.750% 59,000 2.750% 59,000 2.750% 59,000 2.750% 59,000 2.750% 59,000 2.750% 59,000 2.750% 59,000 2.750% 59,000 2.750% 58,000 2.750% 58,000 2.750% 58,000 2.750% 58,000 2.750% 1,175,000  Maturity Date 04/01/2022 04/01/2023 04/01/2024 04/01/2025 04/01/2026 04/01/2027 04/01/2028 04/01/2029 04/01/2030 04/01/2031 04/01/2032 04/01/2033 04/01/2034 04/01/2035 04/01/2036 04/01/2037 04/01/2038 04/01/2039 04/01/2040 04/01/2041  Bond Component Bond Component:  Rate  Yield 2.750% 2.750% 2.750% 2.750% 2.750% 2.750% 2.750% 2.750% 2.750% 2.750% 2.750% 2.750% 2.750% 2.750% 2.750% 2.750% 2.750% 2.750% 2.750% 2.750%  Price 100.000 100.000 100,000 100.000 100,000 100.000 100.000 100.000 100.000 100.000 100.000 100.000 100.000 100.000 100.000 100.000 100.000 100.000 100.000 100.000  Dated Date Delivery Date First Coupon Par Amount Original Issue Discount Production Underwriter's Discount Purchase Price Accrued Interest Net Proceeds  05/13/2021 05/13/2021 10/01/2021 1,175,000.00  1,175,000.00 100.000000% 1,175,000.00 100.000000% 1,175,000.00  Apr 7, 2021 10:56 am Prepared by First Tryon Advisors (DC)  Page 3    FIRST/TRYON ADVISORS  BONDI DEBT SERVICE Village of Marvin, North Carolina 2021 Installment Financing Sterling National Bank- 20 Year Option (2.75%) Finall Numbers- April 6, 2021  Period Ending 06/30/2022 06/30/2023 06/30/2024 06/30/2025 06/30/2026 06/30/2027 06/30/2028 06/30/2029 06/30/2030 06/30/2031 06/30/2032 06/30/2033 06/30/2034 06/30/2035 06/30/2036 06/30/2037 06/30/2038 06/30/2039 06/30/2040 06/30/2041  Principal 58,000 59,000 59,000 59,000 59,000 59,000 59,000 59,000 59,000 59,000 59,000 59,000 59,000 59,000 59,000 59,000 58,000 58,000 58,000 58,000 1,175,000  Interest 28,542.71 30,717.50 29,095.00 27,472.50 25,850.00 24,227.50 22,605.00 20,982.50 19,360.00 17,737.50 16,115.00 14,492.50 12,870.00 11,247.50 9,625.00 8,002.50 6,380.00 4,785.00 3,190.00 1,595.00 334,892.71  Debt Service 86,542.71 89,717.50 88,095.00 86,472.50 84,850.00 83,227.50 81,605.00 79,982.50 78,360.00 76,737.50 75,115.00 73,492.50 71,870.00 70,247.50 68,625.00 67,002.50 64,380.00 62,785.00 61,190.00 59,595.00 1,509,892.71  Apr7,2021 10:56 am Prepared by First Tryon Advisors (DC)  Page 4    FIRST/TNYON  BONDDEBT: SERVICE Village ofl Marvin, North Carolina 2021 Installment Financing Sterling National Bank- 20 Year Option (2.75%) Final Numbers- April 6, 2021  Period Ending 10/01/2021 04/01/2022 06/30/2022 10/01/2022 04/01/2023 06/30/2023 10/01/2023 04/01/2024 06/30/2024 10/01/2024 04/01/2025 06/30/2025 10/01/2025 04/01/2026 06/30/2026 10/01/2026 04/01/2027 06/30/2027 10/01/2027 04/01/2028 06/30/2028 10/01/2028 04/01/2029 06/30/2029 10/01/2029 04/01/2030 06/30/2030 10/01/2030 04/01/2031 06/30/2031 10/01/2031 04/01/2032 06/30/2032 10/01/2032 04/01/2033 06/30/2033 10/01/2033 04/01/2034 06/30/2034 10/01/2034 04/01/2035 06/30/2035 10/01/2035 04/01/2036 06/30/2036 10/01/2036 04/01/2037 06/30/2037 10/01/2037 04/01/2038 06/30/2038 10/01/2038 04/01/2039 06/30/2039 10/01/2039 04/01/2040 06/30/2040 10/01/2040 04/01/2041 06/30/2041  Annual 86,542.71 89,717.50 88,095.00 86,472.50 84,850.00 83,227.50 81,605.00 79,982.50 78,360.00 76,737.50 75,115.00 73,492.50 71,870.00 70,247.50 68,625.00 67,002.50 64,380.00 62,785.00 61,190.00 59,595.00  Principal 58,000 59,000 59,000 59,000 59,000 59,000 59,000 59,000 59,000 59,000 59,000 59,000 59,000 59,000 59,000 59,000 58,000 58,000 58,000 58,000 1,175,000  Interest Debt Service Debt Service  12,386.46 16,156.25 15,358.75 15,358.75 14,547.50 14,547.50 13,736.25 13,736.25 12,925.00 12,925.00 12,113.75 12,113.75 11,302.50 11,302.50 10,491.25 10,491.25 9,680.00 9,680.00 8,868.75 8,868.75 8,057.50 8,057.50 7,246.25 7,246.25 6,435.00 6,435.00 5,623.75 5,623.75 4,812.50 4,812.50 4,001.25 4,001.25 3,190.00 3,190.00 2,392.50 2,392.50 1,595.00 1,595.00 797.50 797.50  12,386.46 74,156.25 15,358.75 74,358.75 14,547.50 73,547.50 13,736.25 72,736.25 12,925.00 71,925.00 12,113.75 71,113.75 11,302.50 70,302.50 10,491.25 69,491.25 9,680.00 68,680.00 8,868.75 67,868.75 8,057.50 67,057.50 7,246.25 66,246.25 6,435.00 65,435.00 5,623.75 64,623,75 4,812.50 63,812.50 4,001.25 63,001.25 3,190.00 61,190.00 2,392.50 60,392.50 1,595.00 59,595.00 797.50 58,797.50  334,892.71 1,509,892.71 1,509,892.71  Apr 7, 2021 10:56 am Prepared byF First Tryon Advisors (DC)  Page 5    FIRST/TRYON ADVISORS  FORM 8038 STATISTICS Village of Marvin, North Carolina 2021 Installment Financing Sterling National Bank- 20) Year Option (2.75%) Finall Numbers April 6, 2021  Dated Date Delivery Date  05/13/2021 05/13/2021  Redemption atMaturity 58,000.00 59,000.00 59,000.00 59,000.00 59,000.00 59,000.00 59,000.00 59,000.00 59,000.00 59,000.00 59,000.00 59,000.00 59,000.00 59,000.00 59,000.00 59,000.00 58,000.00 58,000.00 58,000.00 58,000.00 1,175,000.00  Bond Component Bond Component:  Date 04/01/2022 04/01/2023 04/01/2024 04/01/2025 04/01/2026 04/01/2027 04/01/2028 04/01/2029 04/01/2030 04/01/2031 04/01/2032 04/01/2033 04/01/2034 04/01/2035 04/01/2036 04/01/2037 04/01/2038 04/01/2039 04/01/2040 04/01/2041  Principal Coupon 58,000.00 2.750% 100.000 59,000.00 2.750% 100.000 59,000.00 2.750% 100.000 59,000.00 2.750% 100.000 59,000.00 2.750% 100.000 59,000.00 2.750% 100.000 59,000.00 2.750% 100.000 59,000.00 2.750% 100.000 59,000.00 2.750% 100.000 59,000.00 2.750% 100.000 59,000.00 2.750% 100.000 59,000.00 2.750% 100.000 59,000.00 2.750% 100.000 59,000.00 2.750% 100.000 59,000.00 2.750% 100.000 59,000.00 2.750% 100.000 58,000.00 2.750% 100.000 58,000.00 2.750% 100.000 58,000.00 2.750% 100.000 58,000.00 2.750% 100.000  Price  Issue Price 58,000.00 59,000.00 59,000.00 59,000.00 59,000.00 59,000.00 59,000.00 59,000.00 59,000.00 59,000.00 59,000.00 59,000.00 59,000.00 59,000.00 59,000.00 59,000.00 58,000.00 58,000.00 58,000.00 58,000.00 1,175,000.00 Stated Weighted Redemption Average atN Maturity Maturity 58,000.00 1,175,000.00 10.3642 2.7502%  1,175,000.00 Interest Rate 2.750%  Maturity Date 04/01/2041  Issue Price 58,000.00 1,175,000.00  Yield  Final Maturity Entirel Issue  Proceeds used fora accrued interest Proceeds used for credite enhancement  0.00 42,000.00 0.00 0.00  Proceeds usedf for bondi issuance costs (including underwriters' discount) Proceeds allocated tor reasonably required reserve orr replacement fund  Apr 7,2021 10:56am Prepared by First Tryon Advisors (DC)  Page 6    FIRST/TRYON ADVISORS  PROOF OF ARBITRAGE YIELD Village of Marvin, North Carolina 2021 Installment Financing Sterling National Bank- 20 Year Option (2.75%) Final Numbers- April 6, 2021  Present Value t005/13/2021 12,257.44 72,388.43 14,789.24 70,630.28 13,630.63 67,977.34 12,523.72 65,416.10 11,466.56 62,943.52 10,457.27 60,556.70 9,494.06 58,252.80 8,575.16 56,029.09 7,698.88 53,882.93 6,863.60 51,811.74 6,067.75 49,813.05 5,309.80 47,884.45 4,588.29 46,023.62 3,901.80 44,228.30 3,248.98 42,496.32 2,628.51 40,825.56 2,039.12 38,583.43 1,488.13 37,054.49 965.36 35,579.93 469.67 34,157.93 1,175,000.00  PV Factor @ 2.75019295379  Date 10/01/2021 04/01/2022 10/01/2022 04/01/2023 10/01/2023 04/01/2024 10/01/2024 04/01/2025 10/01/2025 04/01/2026 10/01/2026 04/01/2027 10/01/2027 04/01/2028 10/01/2028 04/01/2029 10/01/2029 04/01/2030 10/01/2030 04/01/2031 10/01/2031 04/01/2032 10/01/2032 04/01/2033 10/01/2033 04/01/2034 10/01/2034 04/01/2035 10/01/2035 04/01/2036 10/01/2036 04/01/2037 10/01/2037 04/01/2038 10/01/2038 04/01/2039 10/01/2039 04/01/2040 10/01/2040 04/01/2041  Debt Service 12,386.46 0.989584046 74,156.25 0.976160892 15,358.75 0.962919815 74,358.75 0.949858347 14,547.50 0.936974050 73,547.50 0.924264521 13,736.25 0.911727389 72,736.25 0.899360317 12,925.00 0.887160998 71,925.00 0.875127155 12,113.75 0.863256545 71,113.75 0.851546953 11,302.50 0.839996195 70,302.50 0.828602116 10,491.25 0.817362592 69,491.25 0.806275525 9,680.00 0.795338849 68,680.00 0.784550522 8,868.75 0.773908533 67,868.75 0.763410897 8,057.50 0.753055655 67,057.50 0.742840877 7,246.25 0.732764656 66,246.25 0.722825113 6,435.00 0.713020395 65,435.00 0.703348672 5,623.75 0.693808141 64,623.75 0.684397021 4,812.50 0.675113558 63,812.50 0.665956021 4,001.25 0.656922700 63,001.25 0.648011911 3,190.00 0.639221992 61,190.00 0.630551303 2,392.50 0.621998227 60,392.50 0.613561169 1,595.00 0.605238555 59,595.00 0.597028833 797.50 0.588930471 58,797.50 0.580941958 1,509,892.71  Proceeds Summary  Delivery date Par Value Target fory yield calculation  05/13/2021 1,175,000.00 1,175,000.00  Apr 7,2021 10:56 am Prepared by First Tryon Advisors (DC)  Page 7    BB&T  Branch Banking & Trust Company Governmental Finance 51301 Parkway Plazal Boulevard Charlotte, North Carolina 28217 Phone (704).954-1700 Fax (704)954-1799  April 5,2021 Ms. Jamie Privuznak Village ofl Marvin, NC 10004 New Town Road Marvin, NC: 28173 USA Dear Ms. Privuznak: NC(Borrower"). PROJECT: AMOUNT:  Truist Bank ("Lender") is pleased to offer this proposal for the financing requested by the Village of Marvin,  2021 Installment Financing Agreement  $1,800,000.00 2.38%  MATURITY DATE: April 1,2036 INTEREST RATE: TAXSTATUS: PAYMENTS: INTERESTI RATE CALCULATION: SECURITY: PREPAYMENT TERMS: RATE EXPIRATION: DOCUMENTATION, LEGALREVIEW FEE:  Tax Exempt - Bank Qualified Interest: Semi-Annual Principal: Annual 30/360  First lien security interest on the real property purchased, financed, constructed, or Prepayable in whole at any time with a one percent prepayment penalty. As an alternate redemption provision, the Borrower may elect for the transaction to be non-callable for the first halfoft the term and callable atj par thereafter.  renovated with financing proceeds  June 4, 2021 $5,900    FUNDING:  Proceeds will be deposited into an account held at Lender at closing pending to appropriately structure and document the transaction in accordance with state and federal statutes. The financing documents shall include provisions that will outline appropriate changes to be implemented in the event that this transaction is determined tol be taxable or non-bank qualified in accordance with state statutes or thel Internal Revenue Service Code. All documentation must be deemed appropriate by Lender before closing. Lender will not require a survey or title insurance. Evidence ofLGC approval is required when applicable. At a minimum, Lender  disbursement for project costs.  DOCUMENTATION: It will be the responsibility oft the Borrower to retain and compensate bond counsel  shall require floodi insurance, ifapplicable.  REPORTING REQUIREMENTS:  Lender will require financial statements to be delivered within 270 days after the conclusion ofeach fiscal year-end throughout thei term ofthe: financing.  Should we become the successful proposer, we have attached the form of a resolution that your governing board can use to award the financing to Lender. If your board adopts this resolution, then Lender shall not Lender shall have the right to cancel this offer by notifying the Borrower of its election to do sO (whether this offer has previously been accepted by the Borrower) if at any time prior to the closing there is a material adverse change in the Borrower's financial condition, if we discover adverse circumstances of which we are currently unaware, if we are unable to agree on acceptable documentation with the Borrower or if there is a change in law (or proposed change in law) that changes the economic effect of this financing to. Lender. Costs ofcounsel for thel Borrower and any other costs willl be thei responsibility of thel Borrower. The stated interest rate assumes that the Borrower expects to borrow no more than $10,000,000 in the current calendar year and that the financing will qualify as qualified tax-exempt financing under the Internal Revenue Code. Lender reserves the right to terminate this bid or to negotiate a mutually acceptable interest rate ift the We appreciate the opportunity to offer this financing proposal. Please call me at (803) 413-4991 with your  require any further board action prior to closing the transaction.  financing is not qualified tax-exempt financing.  questions and comments. We! look: forward to hearing from you.  Sincerely, Truist Bank Aen - Andrew G. Smith Senior Vice President    Iten H.S.  Excise Tax. $0.00  Recording Time, Book and Page  Parcel Identifier No.. 06-183011C  Verified By By. 28173  County on the day of  20  Mail after recording to. Village of Marvin, Attn: Village Clerk, 10004 New Town Road, Marvin, NC This instrument was prepared by Spencer & Spencer, P.A.,226) East] Main Street, Suite 200,P.O.E Box  790, Rock Hill, SC 29731 *No title work completed by) Preparer* BriefDescription For Thel Index: 1623 S. Providence Road, Waxhaw, NC  NORTH CAROLINA SPECIAL WARRANTY DEED  THIS DEED made this  day of  2021, (the "Effective. Date") by and between:  GRANTOR  GRANTEE  PUBLIX NORTH CAROLINA,I LP, al Florida limited partnership al Florida limited partnership 33001 Publix Corporate. Parkway Lakeland, Florida 33811  THE VILLAGE OF MARVIN, al North Carolina Municipal Corporation 10004 New Town Road Marvin, NC28173  Enter in appropriate block fore each party: name, address, and,i ifappropriate, character ofe entity, e.g., corporation or partnership  00146934.1 WBD(US)516628941    The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine orI neuter as required by context. WITNESSETH, that the Grantor, for a gift and for the benefit of the public and by these presents does grant, bargain, and convey unto the Grantee in fee simple, all that certain lot or parcel ofl land situated in Sandy Ridge Township, Union County, North Carolina, and more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the Property"). Itis the intent of the Grantor that Grantee develop and use the Property for the sole purposes of a public park and The Property hereinabove described is a portion of the property acquired by Grantor by instrument  green space and for no other purpose whatsoever.  recorded in Book 6851 atl Page 616, Union County Public Registry. The Property herein conveyed does noti include thej primary residence of Grantor.  TO HAVE AND TO HOLD the aforesaid Property and all privileges and appurtenances thereto belonging to the Grantee in fee simple provided that if the Property is not developed and used as a public park within five (5) years of the Effective Date of this Special Warranty Deed, then Grantor shall have the right to reenter and repossess the Property and upon such reentry and repossession, all And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against thel lawful claims ofall persons claiming by, under or through Grantor but not otherwise, subject to those matters listed on Exhibit B  right, title and interest ina andt to thel Property will revert to the Grantor.  attached hereto (the "Permitted Exceptions").  [Remainder of page intentionally blank]  00146934.1 WBD(US)516628941    IN WITNESS WHEREOF, the Grantor has executed this deed as of the day and year first above  written.  PUBLIX NORTH CAROLINA LP, aFlorida limited partnership  By: Publix Super Markets, Inc., its General Partner  By: Name: Title:  [SBAL]  STATE OF. COUNTY OF I,. that is the partnership.  Notary Public for the County and State aforesaid, certify personally came before me this day and acknowledged that he of Publix North Carolina LP, a North Carolina limited  partnership, and that he, being authorized to do so, executed the foregoing on behalf of the limited  Witness my hand and official seal, this the  day of  20  Notary Public Printed Name ofl Notary My commission expires  NOTARIALSEAL  00146934.1 WBD(US)516628941    Exhibit A Legal Description  That certain tract or parcel ofl land situated, lying and being in Sandy Ridge Township, BEING all ofLot1 on the plat titled' "Lot] Line Revision Plat of] Property of] Publix North Carolina, LP" recorded December 9, 2019 in Plat Cabinet P, File 322 ofthe Union County  Village ofMarvin, Union County, State ofNorth Carolina, and  Public Registry.  00146934.1 WBD(US)51662841    Exhibit B Permitted Exceptions  (a) Applicable zoning and building ordinances and land use regulations; (b) all recorded encumbrances, covenants, conditions, restrictions, easements and other (c) such state of facts as would be disclosed by a customary land survey; (d). All restrictions, covenants, conditions and easements contained int that certain Declaration ofRestrictions, Covenants, Conditions and Grant ofEasements entered into by Publix North Carolina LP, dated December 15, 2020 and recorded in Book 7949, Page 412 oft the Union County Register ofDeeds Office (the "Declaration'"); ineluding-bwtmetlimicelo,ersevationinverdfGmmbrofeperpetwa,me- exelusive-easementn,everamtaeraereste-Preperyery-ertmepupeseses-ercenstrueting, insialing-mainaining.-epinigrephaingerreseingePimmay-MomsmentSign: SHC-erm-isdelned-inne-Deelareelaratiom-anésignage-wHe-mayPele-oeated-tmereen ferthebenefitoftheShopingCemerPasasswehiemeisdelined-inthe Deelaration-alinacsendanewiHtetemmsamcendiienseentainedinthe (e) all terms, covenants, conditions, easements and restrictions shown on that certain Plat recorded in) Plat Cabinet O, File 954 ofthe Union County Register ofl Deeds Office; (f) all terms, covenants, conditions, easements and restrictions shown on that certain Plat recorded in Plat Cabinet P, File 322 and 323 ofthe Union County Register ofDeeds  matters;  Deelaration; and Office.  00146934.1 WBD(US)516628941