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04171995 f:)1 ,.,. ' ~l.., HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, APRIL 17, 1995 The Harnett County Board of Commissioners met in regular session on Monday, April 17, 1995, in the Commissioners Meeting Room, County Office Building, Lillington, North Carolina. Members present: H. L. Sorrell, Jr. , Chairman Beatrice Bailey Hill, Vice Chairman Dan B. Andrews Joseph T. Bowden . Walt Titchener Staff present: Neil Emory, County Manager Wm. A. (Tony) Wilder, Assistant county Manager Dwight W. Snow, County Attorney Vanessa W. Young, Finance Officer Kay S. Blanchard, Recording Secretary Chairman Sorrell called the meeting to order at 7 p.m. and Commissioner Titchener led the group in the Pledge of Allegiance and prayer. Commissioner Titchener moved to approve the agenda as published with the following changes: - Add final plat for Edgerton Industrial Park - Add proclamation on "Non-Violence Day" to consent agenda - Add resolution of appreciation to Tim Driver to consent agenda - Move East Central Water & Sewer District meeting to later in the agenda - Add reconsideration of grants for the Sheriff's Department and Board of Education. Commissioner Bowden seconded the motion and it passed with a unanimous vote. Upon motion by Commissioner Titchener and seconded by Commissioner Hill , the Board unanimously approved the following items on the consent agenda: 1. Minutes: Regular Meeting, April 3, 1995 . 2. Budget Amendments: Capital Reserve Code 70-9810-0020 Transfer to Animal Shelter 70,000. decrease Revenue: 70-3990-0000 Fund Balance Appropriated 70,000. decrease Emerqency Services Code 10-5300-0140 Travel & Meetings 1,000. increase 10-5300-0020 Salaries & Wages 1,000. decrease Facilities Fees Code 10-4900-0250 Books & Publications 900. increase 10-4900-0330 Materials & Supplies 550. increase 10-4900-0740 Capital Outlay & Equipment 2,450. increase 10-4900-0560 Jury Commission 3,900. decrease Harnett County Capital Pro;ects Fund Code 71-9810-0020 Transfer to Animal Shelter 70,000. increase Revenue: 71-3990-0000 Fund Balance Appropriated 70,000. increase Interfund Transfers Code 10-8701-1600 Interfund Transfer Animal Control Shelter 35,000. increase Revenue: 10-.3990-0000 Fund Balance Appropriated 35,000. increase Personnel Department Code 10-4250-0740 Capital Outlay Equipment 500. decrease . 10-4250-0530 Dues & Subscriptions 500. increase Public Utilities (Bunn~ev~I:Riverside Water & Sewer District) Code 38-9007-0730 Capital uutlay Other Improv. 12,000. increase Revenue: 38-3351-0010 Line Extension 12,000. increase Public Utilities (East Central Water & Sewer Districtl Code 69-9012-0740 Capital Outlay Equipment 61,200. decrease 69-9012-0600 Meters 61,200. increase Revenue: 69-3700-1000 FHA Loan East Central 300. decrease 69-3700-5200 Tap on Fees East Central 300. increase Public Utilities (Northwest Water & Sewer District) Code 36-9005-0740 Capital Outlay Equipment 122. decrease 36-9005-0330 Materials & Supplies 122. increase Public Utilities (Southeast Water & Sewer District) Code 39-9008-0740 Capital Outlay Equipment 127. decrease 39-9008-0330 Materials & Supplies 127. increase ~_.----'._'-""- ~? '<oJ,,- Public Utilities (Southwest Water & Sewer District) Code 37-9006-0740 Capital Outlay Equipment 348. decrease 37-9006-0330 Materials & Supplies 348. increase Sheriff's Department Code 10-5100-0560 Crime Prevention 272. increase Revenue: 10-3830-0333 Donations Crime Prevention 272. increase Department of Social Services Code 10-7710-1500 CP&L Project Share 2,318. increase 10-7700-0210 Building & Equipment Rent 11,735. increase Revenue: 10-3480-0010 Social Services Admin. 9,476. increase 10-3990-0000 Fund Balance Appropriated 4,577. increase Southeast Capital Proiect decrease . Code 66-9013-0020 C. R. Jackson-SE 24,965. 66-9013-0030 T. A. Loving-SE 23,601. increase 66-9013-0040 Hendrix-Barnhill-SE 5,872 . increase 66-9013-0800 Contingency 10,714. increase Revenue: 66-3601-0010 Contribution-City of Dunn 15,222. increase Various Departments - Various Funds Code 10-4200-0080 Workmen's Compensation 1,000. increase Code 10-4500-0080 Workmen's Compensation 1,000. increase 10-5000-0080 " 1,100. increase 10-5250-0080 150. increase 10-5400-0080 2,500. increase 10-5550-0080 700. increase 10-7200-0080 1,000. increase 10-7400-0080 9,000. increase 10-7600-0080 6,000. increase 10-8200-0080 300. increase 33-9002-0080 500. increase 37-9006-0080 300. increase 39-9008-0080 300. increase Revenue: 10-3990-0000 Fund Balance Appropriated 22,750. increase 33-3990-0000 Fund Balance Appropriated 500. increase 37-3990-0000 Fund Balance Appropriated 300. increase 39-3990-0000 Fund Balance Appropriated 300. increase Youth Services Code 10-7730-0740 Capital Outlay 375. ~ecrease . 10-77 30-0340 Supplies Restitution Program 375. 1ncrease Emerqencv Management Code 10-5250-0740 Capital Outlay 5,300. increase Revenue: 10-3480-0611 Department of Defense Grant 5,300. increase Public Utilities (Northeast Metro Water District) Code 32-9001-0130 Utilities 8,359. increase Revenue: 32-3990-0000 Fund Balance Appropriated 8,359. increase Public Utilities (South Central Water & Sewer District) Code 34-9003-0730 Capital Outlay Other Improv. 11,500. increase Revenue: 34-3990-0000 Fund Balance Appropriated 11,500. increase CONSENT AGENDA ITEMS: 3. Proclamation to designate May 7-13, 1995 as "Water Week" (Attachment 1) 4 . Project Ordinance for Comprehensive Wastewater Study for South Central and Southwest Districts (Attachment 2) 5 . Agreement with Betsy Johnson Memorial Hospital, Inc. for Advanced Life Support and Emergency Medical Services. The amount paid by the County to the hospital is $30,000 for one year. 6 . Resolution of support for the Cape Fear River Program (Attachment 3) 7 . Final Subdivision Plats: - Orchard Crest, owner-Crossroads Development Corp., 18 lots, . SR 1115, Barbecue Township, un zoned - Overhills Creek, Section III, Part II, owner-Kenneth suggs, 28 lots, SR 1120 I Anderson Creek Township, unzoned, 15.0 acres - The Pines, Section III, owner-Robert P. Wellons, 9 lots, NC 217 & SR 2027, Stewart's Creek Township, unzoned, 10 acres - Richmond Park, Phase I at Northridge Plantation, owner- John Koenig, 103 lots, NC 87, Anderson Creek Township, unzoned 8. Lease with Center Heating & Air Conditioning, Inc. for additional office space for the Health Department. The County currently leases 365 sq. ft. of space and will now lease 337 additional sq. ft. 9. Proclamation designating "Non-Violence Day" (Attachment 4) 10. Resolution of appreciation for Tim Driver (Attachment 5) 53 INFORMAL Informal comments were provided by the following citizens: 1. Linda Hayes, Dunn, in support of proposed grants for the COMMENTS Sheriff's Department 2. Henry Cox, Juvenile Court System, in support of proposed grants for the Sheriff's Department 3. Dr. Martin Sellers, Campbell University Public Administration/Public Policy Department, thanked Board for intern scholarship provided to a Public Administration student. 4. Leonard Arnold, Harnett County Schools, in support of proposed grants for the Sheriff's Department ZONING CHANGE Chairman Sorrell called to order a public hearing on a zoning change ~JESSE & MURDELLrequest for Jesse & Murdell ~cLamb, and others, from C~mmercial and Industrial to RA-30 Zoning D1strict, Averasboro Townsh1p, US 301, MCLAMB approximately 15.29 acres. George Jackson, Planning Director, presented the application and stated that the purpose of the public hearing was to obtain comments from the public concerning the zoning change request. Chairman Sorrell opened the meeting for public comments. Comments were received from Bo McLamb, applicant. There being no further comments, Chairman Sorrell closed the public hearing. The Planning Board recommended approval of the zoning change request. Commissioner Bowden moved for approval of the zoning change request for Jesse & Murdel1 McLamb, and others. Commissioner Titchener seconded the motion and it passed with a unanimous vote. ROADNAME Chairman Sorrell called to order a public hearing on a roadname change CHANGE REQUEST request for Keith McLeod, to change the name of SR 2005 from Brickmill Road to Vic McLeod Road. Neil Emory, County Manager, briefed the SR 2005 Board on the request and stated that the purpose of the public hearing was to obtain comments from the public concerning the road name change request. Chairman Sorrell opened the meeting for public comments. Comments were received from the following citizens: 1. Rev. Troy Daniel, Coats against 2. Harold Lloyd, Coats for 3. Bickett Turlington, Jr. , Coats against 4. Keith McLeod, Coats for 5. Judy Turlington, Coats against 6. Julia Gregory, Coats for 7. Arnold Stancil, Coats against 8. Tim McLeod, Coats for ~ 9. Janice Stancil, Coats against 10. Sam Tripp, Coats for 11. Lois Williams, Coats against 12. Ricky Tart, Coats for 13. Lela Turlington, Coats against There being no further comments, Chairman Sorrell closed the public hearing. Commissioner Andrews made a motion to approve the roadname change of SR 2005 from Brickmill Road to Vic McLeod Road. Commissioner Bowden seconded the motion and it passed 4 to 1 with Commissioner Hill casting the dissenting vote. AGREEMENT Neil Emory, County Manager, briefed the Board on a proposed agreement WITH TOWN with the Town of Lillington for sewer service north of the Cape Fear OF LILLINGTON River. Dwight Snow, County Attorney, also provided comments on the FOR SEWER proposed agreement. Commissioner Titchener made a motion to SERVICE authorize the development of a contract between the Town of Lillington and Harnett County concerning sewer service north of the Cape Fear River based on a summary memo dated March 15, 1995 from Rhonda Ennis, Attorney for the Town of Lillington. Commissioner Andrews seconded the motion and it passed with a unanimous vote. WESTERN Neil Emory, County Manager, briefed the Board on a request from HARNETT REC. Western Harnett Recreation for funds to bring the concession stand in Barbecue Park into compliance with Health Regulations. Mr. Emory also briefed the Board on a memo from the Cabarrus County Board of Commissioners inviting other counties to join with them to request the Commission for Health Services to review and revise the stringent requirements governing the kinds of food that may be sold and the conditions under which food must be prepared and handled at concession ~ operations at ballparks, public parks, etc. Commissioner Bowden made a motion that Harnett County join Cabarrus County to try to get the regulations changed. Commissioner Andrews seconded the motion and it passed with a unanimous vote. Commissioner Andrews made a motion that the County share the cost with Western Harnett Recreation to improve the concession stand at Barbecue Park. Commissioner Bowden seconded the motion and it was defeated 2 to 3. BCFD REQUEST Neil Emory, County Manager, briefed the Board on a request from the FOR RESCUE Buies Creek Fire Department for consideration of establishing a rescue DISTRICT district in the current fire district. Commissioner Andrews made a motion that a public hearing be scheduled concerning the matter. Commissioner Hill seconded the motion and it passed with a unanimous vote. 54 Neil Emory, County Manager, discussed a letter received from the North CCCC FUNDING Carolina System of Community Colleges requesting that a plan be submitted which would outline how the County will match the one million dollars set aside as a part of the state bond issue. Commissioner Bowden moved to proceed with the development of a funding plan for Central Carolina Community College. Commissioner Titchener seconded the motion and it passed with a unanimous vote. CRIMINAL JUSTICENeil Emory, County Manager, presented for the Board's consideration a PARTNERSHIP grant award contract from the state in the amount of $17,436.50 for initial implementation of the joint Criminal Justice Partnership Program with Lee County. Commissioner Bowden moved for approval of the grant award contract. Commissioner Andrews seconded the motion and it passed with a unanimous vote. E.C. WATER & Chairman Sorrell stated that the Board would now consider certain . SEWER matters sitting in its capacity as the governing body of East Central Water & Sewer District. Al Bain, Public Utilities Attorney, presented for the Board's consideration a proposed Resolution Adopting Residential Water User Agreement (Initial Hook-Up - Reduced Rate) for use by the East Central Water And Sewer District. Commissioner Titchener moved for the adoption of the resolution and agreement. Chairman Sorrell seconded the motion and it passed with a unanimous vote. Chairman Sorrell closed the East Central Water & Sewer District portion of the meeting. (Attachment 6) APPOINTMENTS Commissioner Andrews made a motion for the following appointments to the Revolving Loan Fund Committee. Commissioner Titchener seconded the motion and it passed with a unanimous vote. This is a new committee consisting of five members. Chairman, Board of Commissioners - Chairman Sorrell Member of Board of Commissioners - Banker who lives and works in Harnett County - Larry Byrd, BB&T Harnett County Business Person - Carsie Denning, Jr. Applied Computer Technologies Member of Economic Development Commission - Tom Meece, Director Commissioner Bowden moved to appoint Commissioner Andrews to the Revolving Loan Fund Committee. Commissioner Titchener seconded the motion and it passed 4 to 1 with Commissioner Andrews casting the dissenting vote. MANAGERS'S In the county Manager's Report, Mr. Emory discussed the following . REPORT items: - A letter has been sent to the Harnett County Arts Council regarding consideration of a statue of Cornelius Harnett to be sculptured by Mr. Paul Soublet. A reply has not been received. Mr Emory asked if there was any direction from the Board at this time concerning the matter. - A letter has been received from Mr. David Sawyer, Developer, regarding development potential in Southern Harnett County. Mr. Sawyer states that two major grocery chains have rejected sites in the Anderson Creek/Johnsonville area due to the inability to have beer and wine sales. Mr. Sawyer requests that the County consider possible steps necessary to allow grocery store sales of beer and wine within the County or at a minimum within the Anderson Creek and Johnsonville Townships. The Board of Commissioners called for a county-wide referendum in 1994 concerning this matter. The referendum was held and the issue was defeated at that time. Reports were filed with the Board from the Sheriff's Department, Health Department, Emergency Medical Services, Planning/Inspections/ Housing, Department of Social Services, Fire Marshal's Office and a report of General Fund Revenues. A report of Intra-Departmental Budget Amendments was also filed with the Board. (Attachment 7) FINAL PLAT Neil Emory, County Manager, presented for the Board's consideration a EDGERTON INDUST.final plat for Edgerton Industrial Park, Dunn. Commissioner Titchener PARK moved to approve the plat. Commissioner Bowden seconded the motion and it passed with a unanimous vote. RECONSIDER Commissioner Andrews moved that the Board reconsider and approve the . proposed grants for the Sheriff's Department that were not approved at GRANTS FOR the April 3rd Board meeting. Commissioner Hill seconded the motion SHERIFF'S DEPT. and it was defeated 2 to 3. There being no further business, Commissioner Bowden moved for ADJOURNMENT adjournment of the regular meeting of the Harnett County Board of Commissioners, Apr 11 17, 1995. Chairman Sorrell seconded the motion and it passed with a unanimous vote. The meeting adjourned at 9:45 p.m. ,l~bf/ ~hairman b~~~/ K~ !J. BJa.~Juvuj Kay . Blanchard, Sec. ~t:: ,,"~l V Attachment 1. PROCLAMATION TO DESIGNATE THE WEEK OF MAY 7-13, 1995, AS "WA TER WEEK" WHEREAS, Harnett County Department of Public Utilities has water and sewer facilities available to the majority of Harnett County j and . WHEREAS, Harnett County Department of Public Utilities insures and provides safe drinking water for the citizens of Harnett County; and WHEREAS, Harnett County Department of Public Utilities is instrumental in making the public aware of the necessity to conserve water, one of our most valuable natural resources; and WHEREAS, Harnett County Department of Public Utilities, in cooperation with the National Rural Water Association, desires to set aside a special week for focusing on water issues and the service provided by local water utilities; NOW, THEREFORE, WE THE HARNETT COUNTY BOARD OF COMMISSIONERS, do hereby proclaim May 7-13, 1995 as "Water Week" and encourage every citizen to join in this national commemoration. Duly adopted this the J.:1!: day of April, 1995. HARNETT COUNTY BOARD OF COMMISSIONERS ATTEST: dul / H. L. Sorrell, "jTh.airman Board of County Commissioners ~'iJ~ . Vanessa W. Yo . g Clerk to the Bo rd . --'~-- .-,-- ---~---- _______~_ .r______~u ----. ------- --- ----- - - -'- 01 COMPREHENSIVE WASTEWATER STUDY en FOR ;p- rt SOUTH CENTRAL AND SOUTHWEST DISTRICTS rt ~ ("l HARNI::II COUNTY ~ (D ::l PROJECT ORDINANCE rt N . BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ~ I I COUNTY, NORTH CARCl...INA; SECTION 1. The Harnett County Board of Commissioners, rec".=" "zjng that adequate wastewater facilities are essential to provide for good public health and economic stability, has commissioned a study. This compreh"-,,.,.;,..e wastewater study will evaluate the feasibility of adequate wastewater faciliti~ in the South Central and SouttYNest areas of Harnett County. Continued concern expr...,..,...d by County citizens that adequate wastewater facilities will not be available in the near future to serve the growing needs of this southern portion of Harnett County is the primary force to impl.........nt such a study. It is anticipated that this study will be completed on or about July I, 1995. SECTION 2. The following amounts are hereby appropriated to fund this comprehensive wastewater study: $39,000.00 SECTION 3. It is estimated that the following revenues will be available for this study: Unappropriated Fund Balance $39.000.00 (Southwest Water & Sewer District) Duly adopted this day of //;Z~'/ ,/ H." L Sorr~II, .k., c~r6an Harnett County Soard of Commissioners ATTEST: ~...I}i.~ Vanessa W. Voun elk Harnett CoLnty Soard of Commissioners c:ordinance:wwstudy . . . - .- --~--- ~-- -~ ------- --~ ---------- ~! ~""" , Attachment 3. RESOLUTION The Harnett County Board of Commissioners endorses the request of . the Lower Cape Fear Water and Sewer Authority for the sponsor of a Bill through the General Assembly 1n the amount of $200,000 for a special appropriation to fund the Cape Fear River Program through the Center for Marine Science Research at the University of of N.C. at Wilmington. WHEREAS, current proposed standards affecting point source dischargers, primarily large manufacturing facilities, are based on previous data which is inconclusive and not complete; and WHEREAS, the project description allows for the placement of fifteen (lS) sampling stations throughout the Lower cape Fear River for uniform collection of data; and WHEREAS, the N.C. Division of Environmental Management is pursuing the development of a consistent plan for basin wide water quality testing and monitoring in the Cape Fear RiverJ and WHEREAS, the Harnett County Board of Commissioners is promoting the establishment of a consistent testing and monitoring plan for the Cape Fear RiverJ and WHEREAS, more realistic and logical future effluent limitations for users of the river can best be determined and imposed from uniform, accurate datal and WHEREAS, limitations and constraints will have a widespread economic impact throughout the regionl and WHEREAS, the study will be conducted under the guidance of the . Center for Marine Science Research at the University of North Carolina at Wilmington and overseen by an advisory board representing industry, environmentalists, academia, civic organizations, local, state and federal agenciesl and WHEREAS, project data will be used to form the first comprehensive model for basin wide management to protect a vital natural resource. THEREFORE, BE IT REVOLVED that the Harnett County Board of Commissioners respectfully requests the support of our legislators in the region to cooperatively sponsor a Bill at the request of the lower Cape Fear Water and Sewer Authority for the funding of the Cape Fear River Program through the Center for Marine Science Research a the University of N.C. at Wilmington; and BE IT FURTHER RESOLVED that the Harnett County Board of Commissioners encourages all parties involved in the Cape Fear River program to coordinate with the N.C. Division of Environmental Management in order to facilitate a water quality testing and monitoring plan that could replace individual discharger testing and monitoring efforts. Duly adopted this the 17th day of April, 1995. HARl..:....... COUNTY BOARD OF COMMISSIONERS . ~4-~~ ATTEST: / H. L. sor~.l1.; Jr., Chairman 'L~'iJ~~/ ;/ :- Vanessa W. Young, erkd .-------"----""".- 58 Attachment 4. <{ NORTH CAROLINA HARNETT COUNTY PROCLAMATION NON-VIOLENCE DAY . WHEREAS, the Harnett County branch of the National Association for the Advancement of Colored People is a volunteer organization in which one of the criteria is for the members to work with the media, law enforcement agencies and businesses to promote non-violence; and WHEREAS, the purpose of the Harnett County branch of the NAACP is to promote one 24 hour period in which no violent acts occur in Harnett County simultaneously statewide; and WHEREAS, all citizens of Harnett County are requested to participate in Non-Violence Day by: wearing purple bows and ribbons, hanging purple ribbons on porches, mailboxes, trees, cars, etc..., burning porch lights the night of May 1st as "beacons of hope against violence" as well as motorists burning their headlights May 1st; and WHEREAS, all citizens are invited to participate in a Balloon Release April 30, 1995 in Tyler Park, 3:30 p.m. The Balloon Release is in memory of persons who were killed through violence and in support of their families and persons who survived violent crimes against them. NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners hereby designates Monday, May 1, 1995 . as NON-VIOLENCE DAY to recognize the Harnett County branch of the NAACP for promoting one 24-hour period with no violent acts committed, and to make our citizens aware of this worthwhile endeavor. Duly adopted this 17th day of April, 1995. HARNETT COUNTY BOARD OF COMMISSIONERS 4// ~~/ / H. -L.'SOrrelY Jr., Chairman ~ / (;!)t ~h:!i~ . //AA/~---< . 4/~ eatrice B. Hill~ Vice-Chairman A;~, C_ aL~ l)~ j) T::;&~~ Dan B. Andrews Walt Titchener . tSQ .~~ '= ,J Attachment 5. BOARD OF COMMISSIONERS COUNTY MANAGER'S OFFICE H.L. SoRREU.. JR. Chairman NEIL EMoRY BEATRICE B. HILL, Vice-Chairman WM. A. (TONY) WILDER. Assistant JOSEPH T. BOWDEN DAN B. ANDREWS CLERK TO TIlE BOARD WALT TITCHENER VANESSA W. YOUNG . COUNTY OF HARNETT P.O. BOX 759 . UWNGTON, N.C. 27546 (910) 893-7555 RESOLUTION OF APPRECIATION THAT WHEREAS, Tim J. Driver has served Harnett County well professionally as Superintendent, Area Manager, and Plant Manager of the Erwin Division of Swift Textiles; and WHEREAS, he has also served our County well in the following capacities: Board of Directors - Dunn Area Chamber of Commerce Board of Directors - Erwin Area Chamber of Commerce Industrial Management Club - Harnett County Board of Advisors - First Citizens Bank; and WHEREAS, he has supported county and community projects which are vital to the future of our County. NOW, THEREFORE, BE IT RESOLVED that Harnett County does hereby extend its gratitude and appreciation to Tim J. Driver for . his contributions to our County over the past fourteen years. That a copy of this resolution shall be given to Tim J. Driver, a copy spread upon the minutes of this Board, and a copy provided to the media. Duly adopted this Seventeenth day of April, Nineteen Hundred and Ninety-Five. HARNETT COUNTY BOARD OF COMMISSIONERS #~~ I H. L.'"Sorrell,~. , Chairman '/ {;)L' ~9.~ .1e//.~---r~",- -f:~~ eatrice B. H111, Vice Chairman ~ Joseph T. Bowden }2_ /1 &LC, UJk-~ J~ Dan B. Andrews Walt Titchener~~ ." .~, , , '?t t:1l"",: Harnett County does not discriminate on the basis of race, color, national origin, sex, relig.~~, . disability in employment or the provision of services. ---- ----..--..-- ----.- - -- - ---. 60 --I Attachment 6. RESOLUTION ADOPTING RESIDENTIAL VATER USER AGREEMENT (INITIAL HOOK-UP - REDUCED BATE) FOR USE BY THE EAST CENTRAL VATER AND .:>>AWu\' DISTRICT OF HARNETT COu~~l WHEREAS, the County of Harnett, through its Department of Public Utilities, operates and manages the Water Distribution System of the East Central Water and . Sewer District of Harnett; AND WHEREAS, Representatives of the East Central Yater and Sewer District have prepared a modified Yater User Agreement for use in contracting with potential users in the new water service area of the East Central Yater and Sewer District of Harnett County, a copy of such agreement being attached hereto as Exhibit "A"; AND WHEREAS, upon the recommendation of the Department of Public Utilities I it is the desire of the Harnett County Board Commissioners and the Harnett County Board of Commissioners sitting as the governing body of East Central Yater and Sewer District of Harnett County, to adopt for use by the East Central Yater and Sewer District the Yater User Agreement attached hereto in contracting with potential users for initial hook-up at a reduced rate in the new water service area of that district; . NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners and the Harnett County Board of Commissioners sitting as the governing body of the East Central Water and Sewer District, that it hereby adopts for use by the East Central Water and Sewer District and the Harnett County Department of Public Utilities, the document attached hereto as Exhibit "A" and entitled "East Central Water and Sewer District of Harnett County Residential Water User Agreement (Initial Hook-up - Reduced Rate)"; AND BE IT FURTHER RESOLVED that the Director of the Harnett County Department of Public Utilities shall be and is hereby authorized to execute said agreements for and on behalf of the East Central Water and Sewer District of Harnett County; AND BE IT FURTHER RESOLVED that all prior agreements entered into prior to this date using the attached form are also specifically approved; . Duly adopted this 17th day of April, 1995, upon motion made by Commissioner Titchener , seconded by Commissioner Sorrell and adopted by the following vote: Ayes 5 Noes 0 Absent 0 Abstained 0 COUNTY OF HARNETT BY: YZkL ~ H.L. Sorrell.l.rr., Chairman of the Board 6t Commissioners ~1 U,J... Attest: v:L,,,,I.tJ ~G~ Vanessa W. Young, C rk id the Board Board of Commissioners of the County of Harnett sitting as the governing body of East Central Water and Sewer District of . Harnett County Attest: BY'#~ ~vCn"n~'1J~~ ~ H.L. Sorrell,~r. Chairman Vanessa W. Young, erk 0 the of the Board Board and the East Central Water and Sewer District of Harnett County Exhibit "A" East Central Water and Sewer District of Harnett County RESIDENTIAL WATER USER AGREEMENT (Initial Hookup - Reduced Rate) User's Mailing Address: AMOUNT PAID Name RECEIPT NO. Street, Route or P.O. Box PROPERTY NO. . City or Town, State, Zip CUSTOMER NO. Number of Persons Living in Household TENANTS NAME/NO. Telephone Number(s) State Road Number THIS AGREEMENT, made and entered into this the day of , 19 -' Between the East Central Water and Sewer District of Harnett County, (hereinafter WDistrictW) and (hereinafter "User") a potential user of the water system owned and operated by the District. WIT N E SSE T H : The District, in connection with the Harnett County Department of Public Utilities, is planning to construct and thereafter operate a water supply and distribution system (hereinafter Wwater systemW) to serve areas within the District. It is the desire of the District to serve as many individuals as may be economically feasible. Construction of the water system is contingent, among other things, upon the District obtaining funding for the costs of construction. In order for the District to move forward with the planning for the water system, . it is necessary for the District to obtain commitments from a sufficient number of individuals and/or property owners to connect to and use the water system. By signing this Agreement, in the event the water system is constructed, the User named above agrees to connect such User's residence, business or other building to the water system and agrees to thereafter use such system for User's water source. However, in the event the water system is not constructed, then neither the District, nor the User named shall be obligated hereunder. NOW THEREFORE, in consideration of the mutua 1 promises herein set forth, it is agreed by District and User as follows: A. It is mutually understood by User and District that in the event an adequate number of water users for the District is not obtained or for other reasons construction of the water system is not begun or a water distribution line is not available to the User, then neither District nor User shall be bound hereunder. B. The property which is the subject of this Agreement and to which water shall be supplied as provided is described as follows: --- ---~------------ -- - .--.- ------ ~ -------- ------~-~---~-'-------"----- ------------- "? b~ c. User agrees to pay to District the amount of $100.00 per connection as a tap-on charge, said amount being due after notice to user by District. The notice shall be given after funding commitments for the costs of construction of the District's water system are obtained, and shall be mailed to User by first class mail at the address indicated above. In the event that construction of the water system does not follow as anticipated or a water distribution line is not available to User, District shall refund the tap-on charge to User, without interest. D. In the event that the water system is constructed and a water distribution line is available to the User and the property described, then the following agreements shall apply: 1. District, pursuant to its Rules and Regulations, agrees to provide a water service connection on the above described property and upon completion of . the construction of the system and the commencement of the operation thereof, to provide potable water to the User. 2. User agrees to pay to District the amount of Ten Dollars ($10.00) as a deposit, as required by the District Rules and Regulations, which deposit may be returned without interest as provided by said Rules and Regulations. Said deposit shall be due 30 days after notice to User by District and such notice shall be given by first class mail to User at the mailing address indicated hereon. Should this agreement be for rental property, the amount of the deposit, as set forth in the said Rules and Regulations, shall be Fifty ($50.00) Dollars. Said deposit shall be paid by or on behalf of the tenant prior to commencement of water service. Additionally, prior to commencement of water service, the tenant must complete and file a tenant water application. 3. User grants the District, its successors and assigns, a perpetual easement in, over, under, and upon the above described land with the right to erect, construct, install , lay and thereafter use, operate, inspect, repair, maintain, replace and remove water lines, meters, meter service facilities and appurtenant facilities thereon, together with the right of ingress and egress over adjacent land for the purposes mentioned above. 4. User shall install and maintain at User's own expense a 3/4 inch cut- off valve on the User's side of the District's water meter and service line which shall begin at the meter and extend to the dwelling or place of use. The service line shall connect with the water system of the District at the nearest place of desired use by the User, provided the District has determined in advance that the District water system is of sufficient capacity to permit the delivery of water at that point. 5. User agrees to comply with all requirements, rules and regulations . applicable to water users adopted by the Division of Health Services of North Carolina Department of Human Resources. User further agrees that upon and after the date a plumbing connection is made between the User and the District, User shall allow no cross connection to exist between the District's system and any pipeline containing a contaminant or any pipeline connected to other present or future sources of water. 6. User agrees to pay for water at such rates, time and place as shall be determined by the District and agrees to the penalties for non-compliance with the above, as set out in the District's Rules and Regulations. 7. User agrees to abide by the Rules and Regulations of the District as from time to time promulgated by the District or the Harnett County Board of Commissioners, and further agrees to abide by such other Harnett County ordinances, rules and regulations with respect to water service connections, as are adopted by the Harnett County Board of Commissioners. Additionally, User agrees to obtain the necessary inspections and permits related to water service connections as required by the Inspections Section of the Harnett County Planning and Development Department. 8. It is understood that after the date water is made available to the User, District shall notify User of such fact. Such notice shall set forth the details regarding the making of the plumbing connection, and shall provide information concerning User's obligations with respect to obtaining applicable inspections and permits regarding the plumbing connection. User shall then have sixty (60) days from the date of such notification to make the plumbing connection from the place of use on the above described property to the District's system. Charges for water shall commence on the date that the . plumbing connection is completed, but in no event later than the end of the sixty (60) day period. That is to say, if the plumbing connection is not completed by the end of the sixty (60) day period, User charges shall commence and User shall be obligated to pay the minimum user bill from and after the end of such period, regardless of whether water is being supplied to User. 9. This agreement is subject to Section 26(h) of the Rules and Regulations of the East Central Water and Sewer District. User shall be responsible for paying at least the minimum monthly water bills, whether or not water is actually used, until such time as the reduced connection fee charged to the User, plus all monthly minimum water bills charged, equal the then current charge for tap-on connection. The current charge for a tap-on connection as of March, 1995 1s $500.00. The User shall remain liable for at least the minimum monthly bills thereafter until the User has notified the County in accordance with the provisions of the Rules and Regulations of the District that the User desires to stop water service. .v" '): b'.J 10. District shall purchase and install a cutoff valve and water meter for each service. The District shall own said meter and shall have the exclusive right to use it. 11. User agrees that there shall be one water connection for each building or structure requiring water connections on the above described property. A tap- on charge shall be due for each such connection. 12. District shall have final jurisdiction on any question of location of any service line connection to its distribution system; shall determine the allocation of water to User in the event of a water shortage and may shut off water to User if User allows a connection or extension to be made to User's service for the purpose of supplying water to another User. 13. In the event User transfers title or agrees to transfer title to the . above described property. before or after such connection, User agrees that this agreement shall run with the property title thereto and agrees to advise the new owner with respect hereto and furnish new owner a copy thereof. 14. After District has executed this Agreement, a copy shall be provided to User by mailing to the User's address as indicated above. Signed by User this day of , 19 - User User Witness Signed by District this day of , 19 - EAST CENTRAL WATER AND SEWER DISTRICT OF HARNETT COUNTY BY: . Rodney M. Tart, Director Harnett County Department of Public Utilities Post Office Box 1119 Lillington, N.C. 27546 Attachment 7. INTRA-DEPARTMENTAL BUDGET AMENDMENTS FOR THE MONTH ENDING March 31, 1995 DEPARTMENT INCREASE DATE ACCOUNT CODE DESCRIPTION <DECREASE) 03-01-95 Transportation 10-5551-0310 Automotive Supplies 5.500. 10-5550-0310. Automotive Supplies (5,500) 03-01-95 Transportation (void above entry) 10-5550-0310 Automotive Supplies 5,500. 10-5551-0310 Automotive Supplies (5,500) 03-06-95 General Services . 10-5550-0330 Materials & Supplies 124. 10-5550-0740 Capital Outlay (124) 03-13-95 Finance 10-4400-0160 Maint. & Repair-Equip. 1,250. 10-4400-0750 Lease Payment 700. 10-4400-0740 Capital Outlay (1,950> 03-23-95 Register of Deeds 10-4800-0540 Insurance & Bonds 100. 10-4800-0570 Miscellaneous Expense (100)