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09042001370 HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting September 4, 2001 The Harnett County Board of Commissioners met in regular session on Tuesday, September 4, 2001, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Teddy J. Byrd, Chairman Beatrice Bailey Hill, Vice Chairman Dan B. Andrews Walt Titchener Tim McNeill 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, Clerk to the Board Chairman Byrd called the meeting to order at 9 a.m. and Commissioner Andrews led the pledge of allegiance and prayer. Commissioner Hill moved to approve the agenda as published. Commissioner Andrews seconded the motion and it passed unanimously. Upon motion by Commissioner Andrews and seconded by Commissioner McNeill, the Board unanimously approved the following items on the consent agenda: 1. Minutes: Regular Meeting August 20, 2001 2. Budget Amendments: 63 Cooperative Extension (Fund 110-General) Code 110-7312-465.11-00 Salaries & Wages 3,334. increase 110-7312-465.21-01 Retirement 164. increase 110-7312-465.22-00 FICA Tax Expense 255. increase 110-7312-465.23-01 Supplemental Retirement 67. increase 110-7312-465.26-08 Workers Compensation 50. increase 110-7312-465.41-11 Telecommunications & Postage 500. increase 110-7312-465.54-26 Advertising 333. increase I10-7312-465.58-14 Travel 833. increase 110-7312-465.60-33 Materials & Supplies 2,552. increase 110-7312-465.64-25 Books & Publications 234. increase 110-7312-465.32-81 Mini Family Child Care Grants 3,667. increase 110-7312-465.60-53 Dues & Subscriptions 33. increase 110-7312-465.60-47 Food & Provisions 233. increase 110-7312-465.58-01 Employee Training 67. increase 110-7312-465.32-16 Incentives 3,667. increase 110-7312-465.21-00 Group Insurance 678. increase 110-7312-465.73-04 Family Home Care Licensure 16,667. increase 64 Health (Fund 110-General) Code 110-7600-441.33-45 Contracted Services 27,134. increase 110-0000-399.00-00 Fund Balance Appropriated 27,134. increase 66 Governing Body (Fund 110-General) Code 110-0000-331.41-07 WAVE Grant 26,776. increase 110-4100-410.31-72 Rape Crisis Pass Through 26,776. increase 67 HUD -Vouchers (Fund 235-HUD) Code 235-8404-441.60-56 Portable ADM Fees 484. increase 235-0000-331.80-01 Estimated AC Earnings 484. increase • • E 371 68 Wellons Acquisition & A.C. Sewer Project (Fund 542-"WELLON") Code 542-9101-431.45-03 Construction - Contract 3 24,856. increase 542-9101-431.45-80 Contingency 24,856. decrease 70 Emergency Response Planning (Fund 262-Emergency Response) Code 262-5251-420.11-00 Salaries & Wages 9,058. increase 262-5251-420.22-00 FICA Tax Expense 262-5251-420.21-00 Group Insurance • 262-5251-420.23-00 Retirement Expense 262-5251-420.23-01 Supplemental Retirement 262-5251-420.41-11 Telephone & Postage 262-5251-420.58-14 Travel 262-5251-420.43-16 Maintenance & Repair Equip. 262-5251-420.60-33 Materials & Supplies 262-5251-420.33-45 Contracted Services 262-5251-420.60-57 Miscellaneous Expense 262-5251-353.62-00 Contributions-Emer. Response 262-0000-399.00-00 Fund Balance Appropriated TAX REFUNDS 3. Tax refunds and releases (Attachment 1) 869. increase 799. increase 488. increase 68. increase 9,904. increase 648. increase 724. increase 3,399. increase 445. increase 1,180. increase 24,840. increase 2,742. increase ADDENDUM TO 4. Addendum (Supplemental Agreement I) to contract with Tax Management CONTRACT WITH Associates to include a subcontractor, Doyle S. Hartley & Co., to provide services TAX MANAGE. including finding unlisted businesses and assessing values to those businesses. Approval is contingent on the County Attorney's review and approval. USE of CREDIT5. Authorization for use of credit card payment of tax bills. The County will contract CARDS FOR TAX with Official Payments Corporation to provide credit card payment services. PAYMENT Approval is contingent on the County Attorney's review and approval of the contract.. • CDsG FOR 6. Authorization for submittal of Certification of Interest for Community SCATTERED SITE Development Block Grant (CDBG) 2002 Scattered Site Housing Program. HOUSING PROG. 7. Reclassification of two health department positions: HEATH DEPT. - Position number 471-04-607, from Accounting Clerk IV to Accounting POSITIONS Technician II RECLAS S . - Position number 471-53-507, from Community Heath Technician to Processing Unit Supervisor V. CHG. ORD. 8. Final change order for Airport Runway 23 extension/paving and lighting project AIRPORT RUN- (Attachment 2) WAY EXT. LEGIS. RE- 9. Resolution regarding proposed legislative redistricting plan (Attachment 3) DIST. PLAN 10. Authorization to waive tipping fee for trash collected by "NC Big Sweep" project. BIG SWEEP WATER TAP 11. Authorization for Public Utilities to provide Beulah Green a water tap at the old rate prior to the enactment of the new fees. A departmental report was filed with the Board from General Services and reports on Fund Balance changes and Intra-Departmental Budget Amendments (Attachment 4) • were filed by the Finance Office. Commissioner McNeill moved that the Board go into closed session for the following purposes: CLOSED a) To consult with and give instructions to the County Attorney SESSION concerning the handling of two workers compensation claims, namely Neal McLean vs Harnett County IC # 830410 Bernice Smith vs. Harnett County IC # 037951 b) to discuss personnel matters 372 c) to give instructions to the County Attorney and staff concerning the handling of a judicial action, namely W.N. Porter, et al vs Lloyd G. Stewart, et al U.S. District Ct. Action No. 89-950-CN-5 d) to discuss matters relating to the location or expansion of industries • or other businesses in Harnett County. This motion is made pursuant to N.C. General Statute Section 143-318.11 (a)(3)(4) & (6). Commissioner Hill seconded the motion and it passed unanimously. Commissioner McNeill moved to come out of closed session. Commissioner Andrews seconded the motion and it passed unanimously. In new business, Commissioner McNeill moved to appoint L.C. O'Quinn tax L . C . O' QU INN administrator for a 2-year term to expire July 1, 2003. Commissioner Titchener APPOINTED TAX seconded the motion and it passed unanimously. ADMIN. FOR 2 YEARS Also as a matter of new business, County Attorney Dwight Snow noted that it is necessary to enter into the open record the settlement documents on two actions SETTLEMENT involving Harnett County: (Attachment 5) DOCUMENTS FOR COURT ACTIONS 1) McNeil v Alvester McKov Harnett County File No. OOCvS 2170 $12,500. 2) Allen, Allen & Allen v L. Connell Knott Wake County File No. 00 CvS 9194 $44,350. There being no further business, Commissioner Hill moved for adjournment. Commissioner Titchener seconded the motion and it passed unanimously. The Harnett County Board of Commissi ners' regular meeting, September 4, 2001, duly adjourned at 11:45 a.m. I n • 0 3 • • 0 Attachment 1. s�,e��y P Qpeay MONTHL Y REFUND REPORT �4i8 7pry- �o�d 27 Au&Ol BILL NUMBER NAME REASON AMOUNT YEAR MONTH TOWN 2000684180 BLACKMAN, SHELTON SOLD VEHICLE COUNTYWIDE - 2930 X .73 = 21.39 2000 09/01 DUNN 1012 WESTHAVEN CITY OF DUNN - 2930 X .46 = 13.48 STREET AVERAS. SCHOOL - 2930 X .02 - .59 DUNN, NC 28334-2921 TOTAL - 35.46 2001730501 HEDGEPETH, DANNY SOLD VEHICLE COUNTYWIDE - 3054 X .73 = 22.30 2001 09/01 LANE BLACK RIVER FIRE - 3054 X .07 = 2.14 4309 NC 55 W TOTAL - 24.44 ANGIER, NC 27501 2000695187 LEE, JERRY LAWRENCE SOLD VEHICLE COUNTYWIDE - 8103 X.73 = 59.16 2000 09/01 DUNN P.O. BOX 1011 CITY OF DUNN - 8103 X .46 = 37.28 DUNN, NC 28335-1011 AVERAS. SCHOOL - 8103 X .02 = 1.62 TOTAL - 98.06 2000691979 LEMLEY, CHARLES SOLD VEHICLE COUNTYWIDE - 5129 X .73 = 37.45 2000 09/01 ROBERT AND CRK FIRE - 5129 X. 11 = 5.65 60 HAPPY VALLEY TOTAL - 43.10 DRIVE SPRING LAKE, NC 28390 2000674599 LISEC, SCOTT EDWIN SOLD VEHICLE COUNTYWIDE - 2848 X .73 = 20.79 2000 09101 135 KINGS WAY BLACK RIVER FIRE - 2848 X .07 = 2.00 ANGIER, NC 27501 TOTAL - 22.79 2000671101 LONA A GREGORY SOLD VEHICLE COUNTYWIDE - 546 X .73 = 3.99 2000 09/01 FIRST CITIZENS BANK BUIES CREEK FIRE - 546 X. 10 = .55 100 SOUTH ELM STREET TOTAL - 4.54 GREENSBORO, NC 27401 2000661694 ROSS, MAGGIE CLARK SOLD VEHICLE COUNTYWIDE - 988 X .73 = 7.22 2000 09/01 1249 LINE ROAD BENHAVEN FIRE - 988 X .07 = .70 CAMERON, NC 28326 TOTAL - 7.92 199982727 SOMERSET CAPITAL OVER -LISTED BUSINESS COUNTYWIDE - 69814 X .73 = 510.00 1999 09/01 GROUP, LTD PERSONAL PROP PER AVERAS. SCHOOL - 69814 X .02 = 29.83 1087 BROAD STREET TMA AUDIT TOTAL - 553.44 SUITE 201 BRIDGEPORT, CT 06604- 4260 199982728 SOMERSET CAPITAL OVER -LISTED BUSINESS COUNTYWIDE - 45016 X .73 = 328.62 1999 09/01 GROUP, LTD PERSONAL PROP PER TOTAL - 328.62 1087 BROAD STREET TMA AUDIT SUITE 201 BRIDGEPORT, CT 06604- 4260 2000672577 TEAGUE, TERESA SOLD VEHICLE COUNTYWIDE - 592 X .73 = 4.33 2000 09/01 ANGIER RENEE TOWN OF ANGIER - 592 X .45 = 2.67 412 SOUTH BROAD BLACK RIVER FIRE - 592 X .07 = .42 STREET, E TOTAL - 7.42 APT A ANGIER, NC 27501 2001720994 WHITE, KEVIN ALLEN SOLD VEHICLE COUNTYWIDE - 6135 X .73 = 44.79 2001 09/01 197 JAMES NORRIS BLACK RIVER FIRE - 6135 X = 4.30 ROAD .07 TOTAL - 49.09 ANGIER, NC 27501 7 4T Attachment 2. TALBERT & BRIGHT, INC. CHANGE ORDER NO.: 3 (Final) DATED July 27, 2001 PROJECT NAME: Runway 23 Extension - Paving & Lighting. Schedule`l, STATE PROJECT NO: 9.9245000 TBI NO.: 2701-0001 OWNER: Harnett County • CONTRACTOR: Barnhill Contracting Co. ADDRESS: 1134 Shaw Mill Road CONTRACT DATE: Fayetteville. NC 28303 TO: Barnhill Contracting Co ORIGINAL CONTRACT AMOUNT $ 238,961.75 PREVIOUS CHANGES $ 0.00 CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 238,961.75 NET INCREASE RESULTING FROM THIS CHANGE ORDER $ 11,942.25 CURRENT CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 250904.00 NET CONTRACT TIME RESULTING FROM THIS CHANGE ORDER 0 CALENDAR DAYS CURRENT CONTRACT TIME INCLUDING THIS CHANGE ORDER 47 CALENDAR DAYS A. The aforementioned change and work affected thereby are subject to all contract stipulations and covenants; B. The rights of the Owner are not prejudiced; and C. All claims against the Owner which are incidental to or as a consequence of the aforementioned changes are satisfied. BY: N• DATE: �J APPROVED BY: DATE: , tie following listing details final changes in the contract quantities and cost for the the project: DESCRIPTION Unit Plan Q"antitv Final QuantityUnit Cost Final Ext. Total 1. Mobilization L.S. 1 1 $52 000.00 $52,000.00 2. Unclassified Excavation C.Y. 1,445 1,445 5.75 8,308.75 3. Marking Removal S.F. 6,420 0 3.00 0.00 4. Removal of Existing Pavement S.Y. 22 22 81.00 1,782.00 5. Crushed Aggregate Base Course C.Y. 1,445 1.445 47.00 67,915.00 6. Bituminous Surface Course Tons 708 0 52.00 0.00 7. Bituminous Prime Coat Gal. 2,251 1.685 1.75 2,948.75 8. Pavement Marking S.F. 15,266 24,644 1.00 24,644.00 9. Seeding Acre 1.25 2.5 1,800.00 4,500.00 10. Temporary Seeding Acre 1.25 0 1,000.00 0.00 11. Mulching Acre 1.25 2.5 500.00 1,250.00 12. Two Way Electrical Duct L.F. 50 50 50.00 2,500.00 13. Cable Trench L.F. 1,920. 1,902 1.00 1.902.00 14. Underground Cable I/C No. 8 AWG L.F. 1,720 2,328 1.00 2,328.00 15. Underground Cable I/C No. 6 AWG L.F. 20 20 1.00 20.00 16. Bare Copper Counterpoise 6 AWG L.F. 1,920 1,902 1.00 1,902.00 17. Medium Intensity Lights L-861 Base Mounted Each 2 2 500:00 1.000.00 18. Medium Intensity Lights L-861 Stake Mounted Each 3 3 400.00 1,200.00 19. Medium Intensity Lights L-861SE Stake Mounted Each 16 16 . 400.00 6,400.00 20. Medium Intensity Lights L-861T Stake Mounted ; Each 2 3 400.00 1.200.00 21. Light Base Handhole L-867 with Cover Each 2 2 400.00 800.00 22. Temporary Relocated Threshold L.S. 1 1 8,600.00 8,000.00 23. L-881 PAPI, Style A, Class I L.S. 1 1 9,000.00 9,000.00 24.' Removal of Light Fixtures L.S. 1 1 725.00 725.00 25. Removal of VASI Unit Including Slabs L.S. 1 1 750.00 750.00 26. 7.5 KW Re ulator L.S. 0 1 5,700.00 5,700.00 27. Cutting Trees In Approach Each 0 160 100.00 10,000.00 6A. Bituminous 1-1 Surface Tons 696 682.57 50.00 34,128.50 Total Construction Cost $250,904.00 Items adjusted for asbuilt quantities. 375 • • Attachment 3. BOARD OF COMMISSIONERS TEDDY I BYRD, Chairman BEATRICE B. HILL, Vice Chairman DAN B. ANDREws Tim McNEML WALT TITCHENER �PPNE77 Cp�NrY NpgTN CAPO��P . COUNTY OF HARNETT P.O. BOX 759 • LILLINGTON, N.C. 27546 (910) 893-7555 • FAX (910) 814-2662 RESOLUTION COUNTY MANAGER NEQ. EmoRY Wm. A. (ToNY) WILDER, Assistant CLERK TO THE BOARD KAY S. BLANCHARD WHEREAS, the Harnett County Board of Commissioners believes that good government is dependent in large part upon elected representatives with common constituencies that share common interest; and WHEREAS, the Board believes this is particularly true in regards to members of the North Carolina General Assembly; and WHEREAS, to insure this shared commitment in Harnett County, it is desirable to create legislative districts that incorporate the entire County; and WHEREAS, it is the Board's understanding that a division of Harnett County into various legislative districts has been proposed by some; and WHEREAS, it is our Board's belief that such an action would be detrimental to the citizens of our County. NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners does hereby express its opposition to any redistricting plan which places Harnett County in more than one legislative district and would request that members of our legislative delegation oppose any such proposal. Adopted this 4th day of September, 2001. HARNETT COUNTY BOARD OF COMMISSIONERS r Ted y . � , Ch 'rman µ Beatrice B. Hi 1, Vice Chairman Walt Titchener Attachment 4. Dan B. Andrews ` /or✓' Tim McNeill INTRA-DEPARTMENTAL BUDGET AMENDMENTS FOR THE PERIOD ENDED August 15, 2001 Date Budget Amendment No. Department Department Account Code Description Increase (Dec ease) July 16, 2001 7I Animal Control 110-5500-420-33-45 Contracted Services 288.00 110-5500-420-60-33 Materials & Supplies (288.00) July 16, 2001 13I Board Of Elections 110-4300-410-43-16 Maintenance & Repair 646.00 110-4300-410-33-45 Contracted Services (646.00) July 18, 2001 16I Airport- General 110-6500-406-52-54 Insuartice & Bonds 145.00 110-6500-406-41-13 Utilities (1,45.00) July 24,2001 251 Riverside 542-9101-431-45-01 Construction (5;600.00) 542-9101-431-45-01 Construction Linden Part B 5,600.00 August 6, 2001 47I Education 110-8600-480-31-11 Current Expense (609,860.00) 110-8600-480-31-12 Capital Outlay 609,860.00 August 13, 2001 57I Cooperative Extension 110-7304-465-60-33 Materials & Supplies (293.00) 110-7304-465-58-14 Travel Admin 293.00 �l� August 9, 2001 58I Cooperative Extension 110-7314-465-60-33 Materials & Supplies (156.00) 110-7314-465-32-54 Insurance 156.00 August 14, 2001 601 Social Services 110-7700-441-33-45 Contracted Services 33.00 110-7700-441-60-33 Materials & Supplies (33.00) August 15, 2001 611 Cooperative Extension 110-7300-465-60-33 Materials & Supplies 975.00 110-7300-465-74-74 Capital Outlay (975.00) Fund Balance Changes Public Utilities C.l Vjn.nn )nne As of August 20, 2001 Ori¢inal Budgeted Fund Balance Aonrouriated: To budget the interfund transfer of funds to the Titan 5 08/20/2001 1 Public Utilities $479,000 1 531 Wastewater Extension proiect. Year -to -Date Fund Balance Anmmnriated Fund Balance Changes - General Fund Fiscal Year 2001- 2002 As of August 20, 2001 Original Budgeted Fund Balance Appropriated: 8 A APJtt17AX,- :...: A1V1111IJ OF To re -encumber purchase orders from the 2000-2001 fiscal 2 07/16/2001 Finance $ 2,421.00 110 year. To budget funds which were received during the 2000-2001 3 07/16/2001 Health $ 5,510.00 110 fiscal year. To adjust the Tap Duke Endowment revenue to reflect the amount of reimbursement which will be received from the 8 07/16/2001 Teens As Parents $ 117,271.00 110 Duke Endowment fund. Cooperative To setup the remaining budget for the Child Care Resource 9 07/16/2001 Extension $ 31,422.00 110 & Referral Block Grant for the Fiscal Year 2001-2002 17 08/06/2001 Aging $ 2,495.00 110 To increase RSVP Special Porjects. 18 08/06/2001 Aging $ 556.00 110 To increase expenditure to purchase fans for the elderly. Reduce Fund Balance Appropiated due to additional revenues received from the Social Security Administration 22 08/06/2001 Revenues $ (2,000.00) 110 for inmates confined locally. Increase budgeted expenditures to cover Contracted Services 23 08/06/2001 Finance $ 11,670.00 110 for the Pitney Bowes machine. Increase budget due to donations received too late in the 28 08/06/2001 Health $ 500.00 110 fiscal year 2000-2001 to be budgeted. Increase budget to return unspent grant funds & program Cooperative income for fiscal year 2000-2001 for Outdoor Learning 35 09/06/2001 Extension $ 1,340.00 110 Enviomment Grant. Increase budget to return unspent grant funds & program Cooperative income for fiscal year 2000-2001for Parents As Teachers 36 08/06/2001 Extension $ 1,415.00 110 Grant. $0.00 $479,000.00 $3,050,135 • 4 77 Fund Balance Changes - General Fund Fiscal Year 2001- 2002 As of August 20, 2001 Fund Balance Increase budget to return unspent grant funds & program Cooperative income for fiscal year 2000-2001 for Family Home Care 7 08/06/2001 Extension $ 610.00 110 Licensure Grant. To adjust the WIA One Stop budget to reflect accual grant 8 08/06/2001 Human Resources $ (27,243.00) 110 revenue. Cooperative Increase the 4-H program expenditure & revenues & to 39 09/06/2001 Extension $ 29,520.00 110 budget for funds which were not used last fiscal year. Increase the Family & Consumer Science expenditure & Cooperative revenues for the current fiscal year & to also budget for 40 08/06/2001 Extension $ 264.00 110 revenue which was unspent from fiscal year 2000-2001. To move proir year unexpended donated and grant funds to 41 08/06/2001 1 Social Services $ 88,964.00 110 the current fiscal year. Increase revenue line for the Emergency Management 46 08/20/2001 Emergency Services $ (11,610.00) 110 Program Grant for the period 10/01/00 through 09130/01. To decrease Fund Balance Appropriated due to the receipt 50 08/20/2001 Health $ (500.00) 110 donations for the Health Department. 53 1 08/20/2001 1 General 1 $ (49,000.00) 110 1 To increase the budgeted revenues from the clerk of court. Attachment 5. Fund Balance Changes - General Fund Fiscal Year 2001- 2002 As of August 20, 2001. Fund balance Year -to -Date Fund Balance Appropriated: RELEASE AND SETTLEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS that LARRY D. MCNEILL (hereinafter "Releasor") makes this agreement in release and settlement of all claims against ALVESTER MCKOY, HARNETT COUNTY, SHERIFF LARRY KNOTT, THE HARNETT COUNTY SHERIFF'S DEPARTMENT, THE HARNETT COUNTY BOARD OF COMMISSIONERS, AND GULF INSURANCE GROUP (hereinafter "Releasees"), as is more particularly described herein. RECITALS • A. There is presently pending in the General Court of Justice, Superior Court Division, Harnett County, a civil lawsuit, Larry D. McNeill v. Alvester McKoy, File No. 00 CVS 02170 (hereinafter "the Lawsuit"); B. Defendant filed an Answer denying all material allegations in the Complaint which was filed in the Lawsuit; C. The parties to the Lawsuit desire to enter into this Release and Settlement Agreement in order to provide for certain payments in full settlement and discharge of all claims which have been made, or might have been made, by Releasor against Releasees and which were, or could have been, asserted in the Lawsuit, upon the terms and conditions set forth below. NOW, THEREFORE, it is agreed as follows: 1.0 Release and Discharge $3,050,135 $3,050,135 $3,253,740 378 I.I. In consideration of the compromise of disputed claims and the payment of the sums set out below by the Releasees to Releasor, the receipt of which Releasor hereby acknowledges, Releasor voluntarily and knowingly executes this Release with the express intention of effecting the extinguishment of any and all rights, claims, demands or obligations which Releasor has against Releasees on account of, connected with, or growing out of the matters referred to herein. 1.2. Releasor acknowledges and agrees that the release and discharge set forth herein is a general release of all claims his on behalf. Releasor expressly waives and assumes the risk of any and all claims for damages which exist as of this date on his behalf; but of which Releasor does not know or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect Releasor's decision to enter into this Release and Settlement Agreement. Releasor further agrees that Releasor has accepted payment of the sums specified herein as a complete compromise of all matters involving disputed issues of law and fact as they relate to claims on his behalf. Releasor assumes the risk that the facts or law may be other than Releasor believes. It is understood and agreed to by the parties that this • settlement is a compromise of a doubtful and disputed claim, and the payments are not to be construed as an admission of liability on the part of Releasees, by whom liability is expressly denied. 1.3. Releasor does for himself, his agents, heirs, assigns, attorneys, servants, insurers, family members, and representatives hereby RELEASE, ACQUIT, HOLD HARMLESS, AND FOREVER DISCHARGE Releasees and their past, present, and future agents, servants, employees, officers, representatives, directors, board members, commissioners, subsidiaries, attorneys, affiliates, partners, predecessors, successors in interest, assigns, family members, owners, insurers, officials (elected and appointed), and all other persons, firms, corporations, or other entities with whom any of the above have been, are now, or may hereafter be affiliated, in their individual and official capacities, of and from any and all claims, actions or causes of action, demands, damages (actual, consequential, compensatory, treble, nominal, and punitive), costs, pre judgment interest, debts, unpaid bills, judgments, expenses, liabilities, attorneys' fees, interest, legal cost, injunctive or declaratory relief, whether known or unknown, whether in law or in equity, whether in tort or contract, of any kind or character, which they now have, or might otherwise have, on his behalf against Releasees arising out of Releasor's arrest, incarceration, and prosecution on or about December 20, 1999, or arising out of the matters set out 'in the Complaint which was filed in the Lawsuit and which were, or could have been, asserted in the Lawsuit on his behalf, including, without limitation, claims for intentional infliction of emotional distress; claims for negligent infliction of emotional distress; claims for assault; claims for battery; claims for verbal abuse; claims for malicious, willful, wanton, and reckless disregard for Releasor's mental and emotional well-being; claims for negligence; claims based on vicarious liability or respondeat superior; claims for negligent retention; claims for failure to properly supervise; claims for failure to train; claims for wrongful arrest; claims for false imprisonment; claims for physical pain, public humiliation, mental distress, and humiliation; claims to recover lost work time; claims for other general and special damages; claims for malicious prosecution; claims for willful, wanton, malicious, and reckless conduct; claims for severe mental and • emotional distress; claims for damage to reputation; claims for loss of earnings past, present and future; claims for pain and suffering; and all other claims on behalf of Releasor arising under North Carolina or federal law concerning Releasor's arrest, incarceration, and prosecution on or about December 20, 1999 or concerning the incidents referenced in the Complaint which was filed in the Lawsuit and which were, or could have been, asserted in the Lawsuit on behalf of Releasor. It is the intent of Releasor that all claims or matters that are, or might be, in controversy between Releasor and Releasees are forever put at rest, it being Releasor's intention to forever discharge and release all past, present and future claims against Releasees for all consequences resulting or potentially to result from Releasor's alleged injuries or damages sustained as a result of the aforementioned incidents. This Release and Settlement Agreement shall be a fully binding and complete settlement among the Releasor, Releasees and their heirs, assigns, and successors. 2.0 Payments 2.1. In consideration of the release set forth above, Releasees agree to pay to Releasor the sum of Twelve Thousand Five Hundred and 00/100 dollars ($12,500.00) 2.2. Releasor shall be solely responsible for satisfying out of said payment any and all attomevs' fees and expenses and any liens which may be enforceable by Releasor's attorneys as well as any other liens or expenses of any type or character which might be enforceable by any individual or entity with respect to the proceeds of this settlement or otherwise. 3.0. Dismissal of Lawsuit. 3.1. Releasor agrees to dismiss with prejudice all of his claims against Releasees asserted in the Lawsuit currently pending in Harnett County Superior Court. • 4.0. Payment of Liens, Subrogated Interests, and Rights of Assignment. 4.1 It is further agreed that Releasor shall pay or cause to be paid, and hereby directs and authorizes Releasor's attorneys to pay, any and all liens or subrogated interests or rights of assignment against these funds out of these funds whether such lien arises by operation of law, agreement, or otherwise, and that Releasor will save and hold harmless Releasees therefrom. It is agreed that Releasor shall be solely responsible for the payment and satisfaction of any such liens, subrogated interests, or rights of assignment. 5.0. Representation of Comprehension of Document. 5.1 In entering into this Release and Settlement Agreement Releasor represents that Releasor has relied upon the advice of his attorneys, who are the attorneys of his own choice, concerning the legal and income tax consequences of this Release and Settlement Agreement; that the terms of this Release and Settlement Agreement have been completely read and explained to Releasor by his attorneys; and that the terms of the Release and Settlement Agreement are fully understood and voluntarily accepted by Releasor. m 6.0. Indemnification. 6.1 Releasor further agrees, in consideration of the above -referenced payments, and other good and valuable consideration, and hereby promises, to indemnify and save and hold harmless Releasees of and from any and all actions, causes of action, claims, demands, or further litigation that may result from the incidents referenced herein, or from any payments made pursuant to this Release and Settlement Agreement, in the event that any action, claim, demand, or litigation arises hereafter as a result of the incidents referenced herein or as a result of any payments made pursuant to this Release and Settlement Agreement. 7.0. Costs and Attorneys' Fees • 7.1 Releasor and Releasees shall each bear their own costs, attorney's fees, and other expenses of litigation. 8.0. Severability, Errors, and Mistakes. 8.1 In the event that any provision or portion of this Release and Settlement Agreement shall be found to be void or invalid for any reason, then such provision or portion shall be deemed to be severable from the remaining provisions or portions of this Release and Settlement Agreement, and it shall not affect the validity of the remaining portions, which portions shall be given full effect as if the void or invalid provision or portion had not been included herein. Should it develop that there are any errors or mistakes, whether legal or factual and whether mutual or unilateral, which cause this Release and Settlement Agreement to be defective or which cause the release of Releasees to be defective or less than full and complete, then Releasor will execute any and all instruments and do any and all things necessary to effectuate a full, final, and complete release of Releasees. All parties agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Release and Settlement Agreement. 9.0. Entire Agreement. 9.1 Releasor covenants and agrees that this Release and Settlement Agreement contains the entire agreement between Releasor and Releasees and that the terms hereof are contractual and not a mere recital, and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, successors, and assigns of Releasor and Releasees. Releasor acknowledges that the consideration recited herein constitutes the sole consideration for this Release and Settlement Agreement and that no other promises, statements, or representations except as appear herein have been made by any party (or any agent, attorney, • or representative thereof) to induce Releasor to enter into this Release. 10.0. Warranty of Capacity to Execute Agreement/Governing Law 10.1 Releasor represents and warrants that no other person or entity has, or had, any interest in the claims, demand, obligations, or causes of actions referred to in this Release and Settlement Agreement, except as otherwise set forth herein; that Releasor has the sole right and exclusive authority to execute this Release and Settlement Agreement and receive the funds specified in it; and that Releasor has not sold, assigned, transferred, conveyed, or otherwise disposed of any of the claims, demands, obligations or causes of action referred to in this Release and Settlement Agreement. This Release and Settlement Agreement shall be construed and interpreted in accordance with the laws of the State of North Carolina. i0.2 Releasor represents and warrants that he is competent to enter into this Release and Settlement Agreement. 11.0. Final Release 11.1 Releasor intends to release Releasees, thereby terminating all the .disputes, controversies, claims and causes of action on his behalf which exist or have existed as of the date of this agreement or which may exist after the date of this agreement and this release should be interpreted and construed broadly to accomplish such intent and purpose. Therefore, in consideration of the agreement made hereunder by Releasees, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Releasor, for his decedents and heirs, successors, and assigns, and personal representatives expressly releases and forever discharges Releasees and their respective decedents, heirs, successors, assigns, attorneys, personal representatives, and insurers from all actions, causes of action, suits, claims, or demands of whatsoever kind or character, at law or in equity, whether the liability be joint or several, • known or unknown, which exist or may exist on the date hereof or which may exist in the future, for, upon, or by reason of any transaction, matter, occurrence, act, omission, or statements heretofore made by a party or his attorney, or act, omission, cause or thing whether related directly or indirectly to the subject matter made the basis of the claims herein. 12.0. Effectiveness 12.1 This Release and Settlement Agreement shall become effective immediately following execution by Releasor. 13.0 Confidentiality 13.1 Releasor agrees that this settlement, and the terms thereof, shall remain confidential except to the extent that disclosure is required by law. This the IL day of Wkr, 2001. 380 LARRII D. MCNEILL For Releasor C. Mac Hunter, P.A. Post Office Box 657 Erwin, North Carolina 28339 Attorney for Releasor _ D NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE `t`10: 04 SUPERIOR COURT DIVISION HARNETT COUNTY FILE NO. 00 CVS 02170 C.S.C. LARRY D. MCNEILL Plaintiff, ) V. ) NOTICE OF DISMISSAL ALVESTER L. MCKOY, individually, ) Defendants. ) NOW COMES Plaintiff, through counsel and pursuant to Rule 41(a)(1) of the -North Carolina Rules of Civil Procedure, and voluntarily dismisses this action with prejudice. This the)�day oqui 0 , 2001. C.qJa6 Hunter, squire C. Mac Hunt , P.A. Post Office Box 657 Erwin, North Carolina 28339 Attorney for Plaintiff CERTIFICATE OF SERVICE This is to certify that the undersigned has this date served the foregoing NOTICE OF DISMISSAL WITH PREJUDICE in the above -captioned action upon the persons listed below by depositing a copy thereof in a postpaid wrapper in a post office or official depository under the exclusive care and custody of the United States Postal Service, addressed as follows: ADDRESSEE: Mark A. Davis, Esquire Womble Carlyle Sandridge & Rice Post Office Box 831 Raleigh, North Carolina 27602 This the a day ogJ/}LQ ., 2001. STATE OF Mt�U(!) COUNTY OF arfu C. unter I, '�`SZVotary Public of the State and County aforesaid, do hereby certify that LARRY D. MCNEILL, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. 4h WITNESS my hand and notarial seal, this u day of _, 2001. &Aja-, d • gAtala) Notary Public • u • My Commission Ex ires- 11-I-D STATE OF NORTH CAROLINA COUNTY OF HARNETT RELEASE OF ALL CLAIMS FOR AND IN CONSIDERATION of the payment to CHASTITY DIANE ALLEN, DUSTIN PATRICK ALLEN, and PAMELA HOWARD ALLEN of the total sum of FORTY FOUR • THOUSAND, THREE HUNDRED FIFTY AND N0/100 DOLLARS ($44,350.00) (paid by tvvo checks: one check made payable to CHASTITY ALLEN and PAM ALLEN and KELLY & WEST, AS THEIR ATTORNEY for THIRTY EIGHT THOUSAND ONE HUNDRED FIFTY and NO/100 DOLLARS ($38,150.00) and a second check made payable to DUSTIN ALLEN and PAM ALLEN and KELLY & WEST, AS THEIR ATTORNEY for SIX THOUSAND TWO HUNDRED AND NO/100 DOLLARS ($6,200.00)), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, CHASTITY DIANE ALLEN, DUSTIN PATRICK ALLEN, and PAMELA HOWARD ALLEN, for and on behalf of themselves and their respective heirs and assigns, do hereby fully release, remise, acquit, and forever discharge LARRY CONNELL KNOTT, THE COUNTY OF HARNETT, NORTH CAROLINA, and any and all of LARRY CONNELL KNOTT'S and THE COUNTY OF HARNETT, NORTH CAROLINA'S respective past and present agents, servants, employees, Commissioners, partners, representatives, attorneys, successors, heirs, administrators, executors, personal representatives, insurers, claims representatives, claims adjusters, and assigns, and all other persons, firms, associations, corporations, and entities, • whether herein named or referred to or not, of and from any and all actions, causes of actions, claims, demands, damages, costs, attorneys' fees, loss of services, expenses, compensations, and all consequential, exemplary, and punitive damage, on account of, in any way arising or growing out of. or in any way resulting from: (1) Lin automobile accident between CHASTITY DIANE ALLEN and DUSTIN PATRICK ALLEN, who were passengers in a vehicle owned by PAMELA HOWARD ALLEN and operated by STANLEY RUDOLPH STEWART, and LARRY CONNELL KNOTT, who was the operator of the second vehicle involved in said accident, which occurred on or about August 18,1997, at approximately 3:05 p.m., on or near United States Highway 401, near Lillington, County of Harnett, State of North Carolina (hereinafter the "Accident"), and/or (2) those matters alleged in a Complaint filed in Wake County (NC) Superior Court Case No. 00-CVD-9194 (hereinafter the "Action"). In further consideration of the above -referenced payment, CHASTITY DIANE ALLEN, DUSTIN PATRICK ALLEN, and PAMELA HOWARD ALLEN covenant that all liens, including • but not limited to Medicare, Medicaid, workers' compensation, medical, chiropractic, storage, x- mechanics, military, unpaid medical and chiropractic bills and expenses, and other claims by third parties have been paid by the undersigned or will be paid by the proceeds of the referenced consideration prior to any distribution to the undersigned. CHASTITY DIANE ALLEN, DUSTIN PATRICK ALLEN, and PAMELA HOWARD ALLEN further covenant that they will defend, indemnify, save, and hold harmless LARRY CONNELL KNOTT, THE COUNTY OF HARNETT, NORTH CAROLINA, and any and all of LARRY CONNELL KNOTT'S and THE COUNTY OF HARNETT, NORTH CAROLINA' S past and present agents, servants, employees, Commissioners, partners, representatives, attorneys, successors, heirs, administrators, executors, personal 382 representatives, insurers, claims representatives, claims adjusters, and assigns, and all other related persons, entities, and assigns, of and from any and all claims of lien holders and/or third party claimants for liens or other claims in any way arising or growing Out of or resulting; from the Accident. It is further understood that CHASTITY DIANE ALLEN, DUSTIN PATRICK ALLEN, ana PAMELA HO WARD ALLEN will dismiss the Action WITH PREJUDICE, in conjunction with the execution of this Release. Each party shall bear its own costs, attorneys' fees, and expenses. It is further understood that this Release shall be governed by, and interpreted according to, the law and laws of the State of North Carolina, without regard to the place of signature hereof. In further consideration of the above -referenced payment, CHASTITY DIANE ALLEN, DUSTIN PATRICK ALLEN, and PAMELA HO WARD ALLEN expressly warrant that no promise or inducement has been offered except as set forth or referenced herein. This Release is executed without reliance upon any statement or representation of any person orparty, or their representatives. Acceptance of the consideration set forth and referenced herein is in full accord and satisfaction of each of the causes of action which are disputed or could have been disputed in the Action. It is further understood that this settlement is a compromise of disputed claims and that the payment made hereunder is not to be construed as an admission of liability on the part of the persons, firms, associations, corporations, and other entities hereby released, by each of whom liability is expressly denied, Further, the undersigned state that: (1) they have carefully read the foregoing Release; (2) they have sought and received the advice of their legal counsel, whom they voluntarily chose and who is the legal counsel of their choice, in reviewing and executing it; (3) they know and understand the contents thereof; (4) they sign this Release as their own free act and deed; (5) this Release contains the entire agreement between them and the other parties hereto; and, (6) the terms of this Release are contractual and not a mere recital. (SEAL) AFSTIZTY DIANE ALLEN STATE OF NORTH CAROLINA COUNTY OF HARNETT I, . 11AII e- � . I Qrfldnj , a Notary Public in and for said County and State, do hereby certify that CHASTITY DIANE ALLEN personally appeared before me this day and acknowledged the due execution of the foregoing, instrument. WITNESS my hand and notarial seal, this the day o , 2001. v Notary Public My Commission Expires: n JULIE D. TgRLETON I NOTARY PUBLIC LEE C My Commission Expires (SEAL) DUSTIN PATRICK ALLEN STATE OF NORTH CAROLINA COUNTY OF HARNETT I, � I I J b • —la(A-o , a Notary Public in and for said County and State, do hereby certify that DUSTIN PATRICK ALLEN personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this the day of , 2001. — '��'U L' , Lhw My Commission Expires: II o3 Notary Public • is • a «� JULIE D. TARLETON , ff NOT My Coion ExpiresC ALL► 3 • • (SEAL) PAMELA HO WARD ALLEN STATE OF NORTH CAROLINA COUNTY OF HARNETT fI 1, 1 rU I (' e l J, I af I Am) -a Notary Public in and for said County and State, do hereTy certify that PAMELA HOWARD ALLEN personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this the 71b day ofj/wL-), 2001. JA a ) Notary Public My Commission Expires: `� 1,301a03 JULIE D.TARLETON NOTARY PUBLIC LEE COUY . C - My Canmission Expires I 1 NORTH CAROLINA WAKE COUNTY CHASTITY ALLEN, DUSTIN ALLEN and PAM ALLEN V. L. CONNELL KNOTT Plaintiffs, Defendant IN THE GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION 00CVS9194 NOTICE OF VOLUNTARY DISNIISSAL WITH PREJUDICE Pursuant to Rule 41(a) ofthe North Carolina Rules of Civil Procedure, Plaintiffs hereby give notice of the voluntary dismissal of this case WITHPREJUDICE.` Each party shall bear its own costs, including attorneys' fees, and expenses. This the 7L,- day of 2001. BY: i ewis, Esq. Kelly & West Post Office Box 1118 Lillington, North Carolina 27546 Telephone: (910) 893-8183 Attorney for Plaintiffs • WE CONSENT TO THIS DISMISSAL: Chastity iane Allen c�ormo� ustin Patrick Allen / Pamela Howard Allen 384 CERTIFICATE OF SERVICE This is to certify that the undersigned has this date served this NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE, upon all other parties to this cause by depositing a copy hereof, postage paid, in the United States mail, addressed as follows: John R. Green, Jr. Attorney for Defendant 1621 Midtown Place Raleigh, North Carolina 27609 This the 7 'day of Sc rn—� 2001. • BY: 4efly s, Esq. est Post Office Box 1118 Lillington, North Carolina 27546 Telephone: (910) 893-8183 • 0