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080309mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting August 3, 2009 The Harnett County Board of Commissioners met in regular session on Monday, August 3, 2009, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Timothy B. McNeill, Chairman Beatrice B. Hill, Vice - Chairman Dan B. Andrews, Commissioner Gary House, Commissioner Jim Burgin, Commissioner Scott Sauer, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Dwight W. Snow, County Attorney Sylvia Blinson, Finance Officer Gina Daniel, Acting Clerk Chairman Timothy B. McNeill called the meeting to order at 9:00 am. Vice - Chairman Beatrice B. Hill led the pledge of allegiance and invocation. Chairman McNeill called for additions and deletions to the published agenda. Mr. Sauer requested the Board consider two additional budget amendments and approval for the Sheriff's office to accept grant funding. These items were added to the consent agenda. Commissioner Burgin requested that Agenda Items 4 -F Public Utilities Change Order for Ormond Utilities, 4 -G Public Utilities Engineering Amendment Request for the Erwin Wastewater Improvement Project and 4 -H Project Ordinance for the Emergency Services Building Renovation Project be moved from the consent agenda to the regular agenda for discussion before consideration. Commissioner House called for discussion regarding Agenda Item 4 -C Harnett County Tax Levy Report. Mr. Wilder explained that the report is a requirement of the state by fiscal statute and no action is needed. Mr. Wilder told the commissioners that the county would collect most of the outstanding monies listed on the report. Commissioner House moved to approve the agenda as amended. Commissioner Andrews seconded the motion which passed unanimously. Upon motion by Vice Chairman Hill and seconded by Commissioner Andrews, the Board unanimously approved the following items on the consent agenda: 1. Minutes: Regular Meeting, July 20, 2009 Regular Meeting, July 6, 2009 Regular Meeting, June 15, 2009 Special Session, May 19, 2009 Special Session, May 1, 2009 2. Budget amendments 24 Law Enforcement & Detention Center Code 313- 8300 - 410.45 -01 Construction - road 313 - 8300 - 410.45 -04 Professional 313- 8300 - 410.45 -20 Legal & Administrative 313- 8300 - 410.45 -30 Technical 313- 8300 - 410.45 -33 Materials & Supplies 313 - 8300 - 410.45 -74 Capital Outlay 313- 8300 - 410.45 -80 Contingency 313 - 8300 - 410.90 -24 Interfund Transfer - Emergency Services Building Renovation 25 Health Department Code 110- 7600 - 441.41 -11 110 -7600- 441.54 -26 110- 7600 - 441.55 -12 110- 7600 - 441.58 -01 110- 7600 - 441.58 -14 110- 7600 - 441.60 -33 110- 7600 - 441.60 -47 110- 0000 - 399.00 -00 110- 0000 - 331.76 -21 Telephone & Postage Advertising Printing Training Travel Materials and Supplies Food & Provisions Fund Balance Appropriated Local Asthma Efforts 26 Health Department Code 110- 0000 - 353.79 -09 Susan G. Komen 110- 0000 - 399.00 -00 Fund Balance Appropriated 27 Public Utilities Department - Capital Project Fund PU0604 Erwin WW Improvement Code 564 -9100- 431.45 -02 Ormond Utilities 564- 9100- 431.45 -30 Engineering 564- 9100 - 431.45 -01 Construction 28 Harnett County Work Force /Job Link Code 110 - 7404 - 465.11 -00 Salaries 110- 7404 - 465.12 -00 Salary & Wages 110- 7404 - 465.22 -00 FICA 110- 7404 - 465.23 -00 Regular Retirement 110 - 7404 - 465.65 -08 Worker's Compensation 110- 7404 - 465.32 -26 Incentives 110 - 7404 - 465.32 -72 Support Services 110 - 7404 - 465.32 -73 Training Vouchers 110 - 7404 - 465.33 -45 Contracted Services 110- 7404 - 465.54 -26 Advertisement 110 - 7404 - 465.55 -12 Printing & Binding 110- 7404 - 465.58 -14 Travel Admin. 110 - 7407 - 465.60 -33 Materials & Supplies 110- 7407 - 465 -NEW Other Participant Cost 110- 0000 - 331.74 -04 WIA One Stop 500,000 increase 1,862 decrease 5,043 decrease 106,126 decrease 251,505 decrease 27,416 decrease 866,310 decrease 758,262 increase 1,500 increase 1,600 increase 100 increase 130 increase 70 increase 186 decrease 219 increase 219 increase 3,214 increase 11,191 increase 11,191 increase 354,543 increase 53,189 increase 407,732 decrease 4,060 increase 17,848 increase 1,204 increase 100 decrease 65 decrease 2,000 increase 6,500 decrease 4,500 decrease 3,800 decrease 80 decrease 23 decrease 145 decrease 2,701 decrease 500 increase 7,698 increase 29 Human Services Code 110- 7999 - 441.37 -71 Safe Crisis 110- 0000 - 399.00 -00 Fund Balance Appropriated 3. Tax refunds (Attachment 1) 5,000 increase 5,000 increase 4. In accordance with N.C. General Statute 105- 373(a), the Harnett County Tax Administrator submitted a sworn report showing a list of unpaid taxes, as of June 30, 2009, constituting liens on real property and a list of unpaid taxes on personal property not constituting liens on real property and make settlement for 2008/2009 taxes. The total amount of unpaid county taxes for 2008 is $1,202,318.65. Of this amount, the non -DMV (all property, except licensed motor vehicles) total is $496,463.39. The DMV (licensed motor vehicles) amount is $705,855.26. 5. Resolution to Cancel August 17th BOC meeting (Attachment 2) 6. Write -offs for delinquent Public Utilities accounts for the second quarter of 2009. All of these accounts have been delinquent for more than 3 years and total $11,559.52. 7. The Health Department requested approval to establish a vaccine fee. The Harnett County Board of Health provided approval July 16, 2009 for the Harnett County Department of Public Health to establish a childrens vaccine fee of $105.00 for the rotavirus (rotarix). The contract requires that we have purchased vaccine available for those children who do not meet the criteria for free vaccine. 8. The Harnett County Cooperative Extension requests permission to accept continuing grant funds from the Harnett County Partnership for Children for the following grant programs: 1) Quality Enhancement, in the amount of $140,938 (60% of total budget being put into contract at this time) to pay for personnel and operating expenses needed to continue the operation of the Quality Enhancement Program for Harnett County Child Care Facilities. 2) parents As Teachers, in the amount of $157,977 (60% of total budget being put into contract at this time) to pay for personnel and operating expenses needed to continue the operation of the Parents As Teachers Program for Harnett County children and families. 3) Raising A Reader, in the amount of $28,633 (60% of total budget being put into contract at this time) to pay for personnel and operating expenses needed to continue the operation of the Raising A Reader Program for Harnett County children and families. The Harnett County Cooperative Extension requests permission to accept continuing grant funds from the Division of Child Development through Child Care Networks, Inc. in the amount of $46,835 for personnel and operating expenses needed to continue the operation of the Harnett County Child Care Resource and Referral Program for Harnett County children, families, and child care facilities. The Harnett County Cooperative Extension requests permission to accept continuing grant funds from the Department of Health and Human Services in the amount of $47,980 for personnel and operating expenses needed to continue the operation of the Harnett County Adolescent Parenting Program for pregnant and parenting teens who are enrolled in high school. The Harnett County Cooperative Extension requests permission to accept grant funds from the Governors Crime Commission in the amount of $107,500 for personnel and operating expenses needed to continue the operation of the Harnett County Teens As Parents Program for pregnant and parenting teens who have dropped out of school. This program assists teen parents in re- enrolling into high school, community college and/or securing employment. 9. Resolution to Donate Furniture to SAFE of Harnett County (Attachment 3) 10. Resolution recognizing Rossie Blinson for receiving the James A. Graham Commissioner of Agriculture Award (Attachment 4) 11. The Sheriff's Office requests permission to accept funds awarded through the Department of Justice BJA FY 09 Recovery Act Edward Byrne Memorial Justice Assistance Grant for $146,458 with no match. Informal Comments: Christopher Eichele of Cameron stressed the need for a leash law in Harnett County. Mr. Eichele said people need to be more responsible for their animals and shared photos of damage to his property by dogs. Mr. Eichele also submitted a letter to the Commissioners from his mother, Donna Rall, who was unable to attend the meeting. Dave Rogers of Coats spoke again about county spending, commissioner's pay and the Harnett Forward Together Committee. John Smith of Lillington questioned why the county rents computers and software instead of purchasing this equipment. Commissioner Andrews moved to approve the appointments listed below. Vice Chairman Hill seconded the motion and it passed unanimously. Harnett County Council for Women Erica Gallion, appointed for a three year term to expire May 31, 2012 Nominated by Commissioner House Harnett Nursing Home Community Advisory Committee Renee' Ellmers, appointed for a one year term to expire July 31, 2010 Nominated by Commissioner House Johnson- Lee -Harnett Community Action Board of Directors Ursela McLean, appointed for a 2 year term to expire February 28, 2011 Nominated by Vice - Chairman Hill Juvenile Crime Prevention Council Angie Wood, appointed for a 2 year term to expire April 30, 2011 Nominated by Vice - Chairman Hill Mid - Carolina Workforce Development Board Russell S. Hieb, appointed for a 2 year term to expire September 30, 2011 Nominated by Commissioner Andrews Research Triangle Regional Partnership Johnson Tilghman, appointed for a 2 year term to expire June 30, 2011 Nominated by Commissioner Andrews 2009 NC 4 -H Centennial Congress Harnett County Accomplishments Rossie Blinson — Harnett County Livestock 4 -H Club - James A. Graham Commissioner of Agriculture Award. Chairman McNeill presented Rossie the resolution on behalf of the board. Kayla Hill — Save the Seed 4 -H Club - State Level Silver Medal for her presentation in the area of Small and Companion Animals Mason Blinson —Harnett County Livestock Club - State Level Gold Medal for her presentation in the area of Livestock Production Alexis Jeffries, Ashlynn Jones, Greyson Marshall, Lane Adams, Michelle McCallum, Nicole Divers, Paige Johnson and Reddin Wheeler - North Carolina 4 -H State Horse Show Sponsorship Award: Horsemasters 4 -H Club and Saddletree Pony Pals 4 -H Club Heather Johnson - member of the Horsemasters 4 -H Club and earned a spot on the NC 4 -H State Horse Judging Team. Lane Adams, Heather Johnson and Paige Johnson - Horsemasters 4 -H Club Members - all three finished in the top 10 individuals in the NC 4 -H State Horse Judging Contest Chaimuan McNeill thanked the group for representing Harnett County so well and the parents for their support. Mrs. Lambert said the 4 -H program serves children between the ages of 5 and 19 years of age. She reported the program served 1021 children in Harnett County in 2008. Mr. Tyler D. Bray, Engineer with the Transportation Planning Branch of the NC Department of Transportation, presented findings of the Comprehensive Transportation Plan to the Board. Mr. Bray has been working cooperatively with representatives from the county and its municipalities to develop growth rates for traffic in the county. Commissioner Andrews motioned to endorse the plan. Commissioner Burgin seconded the motion which passed unanimously. Mr. John Rouse, Health Department Director, spoke about the legislative impacts in regards to targeted case management and the Public Health Improvement Plan. Ms. Sylvia Blinson, Finance Officer, gave the commissioners a financial update regarding our Worker's Compensation Reserve. As of July 31, 2009 we have a balance of $144,849. Mrs. Trinity Faucett, Human Resources Director, presented the Board with a resolution authorizing County of Harnett Early Retirement Incentive Program. (Attachment 5) Mrs. Faucett said the applications will be submitted through the department heads who will determine if they can do without this position for 6 months or more. Mrs. Faucett said this may save the county approximately $100,000. Commissioner Burgin requested two date modifications and clarification that the Board of Commissioners would review any affected positions before being filled. Commissioner Burgin moved to approve the resolution as amended. Commissioner House seconded the motion and it passed unanimously. Mr. Dale Crawford, Crawford Design updated the commissioners on the proposed Barbecue Creek Park Multipurpose Building. Mr. Crawford said the project is on budget and about one and a half years ahead of schedule. Mr. Sauer presented the board with a Capital Project Ordinance for the Emergency Service Building Renovation. (Attachment 6) Commissioner Burgin moved to approve the project ordinance. Commissioner House seconded the motion and it passed unanimously. Mr. Rodney Tart, Public Utilities Director, updated the Board on the Public Utilities South Harnett Regional WWTP and inter - connection with the Town of Spring Lake. Mr. Tart said we are waiting on a letter of intent from Spring Lake and that he and Mr. Sauer would be attending a meeting with Spring Lake on August 10. Commissioner Burgin motion for the Board of Commissioners to sit in its capacity as the governing body of the South Central Water and Sewer District. Vice - Chairman Hill seconded the motion which passed unanimously. Mr. Steve Ward, Public Utilities Deputy Director, presented the board with the Capital Project Ordinance for South Central Waste Water Project — Phase 1B1 (Attachment 7). This project consists of the construction of approximately 31,000 linear feet of gravity sewer. 14,000 linear feet of sewer force main, and one wastewater lift station to serve the South Harnett/ Anderson Creek portion of Harnett County. This project will provide sewer service to approximately 385 residences and serve over 700 people in this district. Mr. Ward said this project is ready to go to bid. Mr. Steve Ward, Public Utilities Deputy Director, presented the board with the Capital Project Ordinance for South Central Waste Water Project — Phase 1B2 (Attachment 8). This project consists of the construction of approximately 66,000 linear feet of gravity sewer, 4,000 linear feet of sewer force main and one wastewater lift station to serve the South Harnett/Anderson Creek portion of Harnett County. This project will provide sewer service to approximately 350 residences and serve over 600 people in this district. Mr. Ward said this project is ready to go to bid. Commissioner Burgin moved to approve the Capital Project Ordinances for South Central Waste Water Project — Phase 1B1 and Phase 1B2. The motion was seconded by Commissioner Andrews and passed unanimously. Chairman McNeill announced the group was now sitting at the Harnett County Board of Commissioners Mr. Ward presented a formal request for the Board to consider an increasing change order in the amount of $354,592.50 for Ormond Utilities. This contract is associated with the Erwin Wastewater Improvements Project. This change order will add approximately 5,000 linear feet of cured in place pipe rehabilitation to the wastewater collection system in the Town of Erwin. The purpose of the project is to eliminate much of the inflow and infiltration associated with the aged collection system in the Town. This project is being funded by a $2 Million NCDENR grant and an additional $400,000 grant from the NC Rural Center. This request also includes an Engineering Amendment for the Erwin Wastewater Improvements Project. Commissioner House moved to approve the change order and engineering amendment. The motion was seconded by Commissioner Burgin and passed unanimously. Mr. Sauer reported the Town of Lillington is ready to move ahead with securing grants for their #2 fire station. One grant condition is they need the title to the property. Mr. Dwight Snow, County Attorney, drafted a proposed deed for land transfer of 3 acres of land on McKinney Parkway to the Town of Lillington for the establishment of a fire station. There have been some discussions of Harnett County possibly having a rescue squad in that facility. Mr. Snow shared a preliminary plat of the property. The Board directed Mr. Snow to include restrictions that this site be used for a fire station including all emergency services and construction begin within four years. Commissioner Burgin asked that the agreement state that if Lillington stops using the land that it revert back to the County. Commissioner McNeill asked the Town of Lillington to make sure the architectural design of the building blends with the Harnett County Governmental Complex. Commissioner Burgin moved to approve the transfer of land to the Town of Lillington. Commissioner House seconded the motion which passed unanimously. Mr. Sauer updated the Board on the grant application by the Town of Erwin, using grant- writer Skip Greene, to the NC Rural Center in the amount of $252,000 based on the projected job creation. This grant is for the renovations on the Good Hope campus for the mental health beds. Mr. Sauer reported, also using grant - writer Skip Greene, work being done on the First Choice Community Health endeavor on the Brightwater Business Park Campus. Mr. Sauer announced we have submitted an application to the NC Rural Center, in the amount of $260.000 based on the jobs, to get help with utilities on that site. Mr. Sauer reported that staff is finalizing a package to bring to the Board regarding the Department of Transportation's request for a conveyance of property (3 acres) for the upcoming bridge replacement project. Sauer said we should have a final copy of the Sandhills in- patient feasibility study for Good Hope by the end of August. Mr. Sauer briefed the Board regarding a request from the Shawtown Alumni Association for a lease of the space they are currently using at the old Shawtown School. Mr. Sauer told the board he would bring a formal agreement back to them for their review. Mr. Barry Blevins, Central Permitting and Community Development Administrator, updated the Board on the USDA Housing Preservation Grant, DCA Scattered Site Housing Grant and DCA Housing Development grants. Mr. Mark Locklear, Planning Services Manager, presented possible text amendments regarding single wide manufactured homes in RA -30 zoning district. Mr. Locklear distributed a hand -out that compared local county requirements for manufactured homes. Chairman McNeill asked the Planning staff to draft standards for single wide mobile homes and bring it back to the board, especially looking at horizontal siding and shingled roofing. Mr. Danny Brown, Public Building's Director, provided the commissioners with a summary of contract services for lawn maintenance. Mr. Sauer reported that the County does has a small amount of county vehicles that are maintain by a private car wash service; $25 per car and $30 per van. Typically these vehicles are used to transport children with the Division of Social Services. New Business Commissioner House suggested the possibility of bringing the Economic Development Department under the Planning Department and direction of Joseph Jeffries. Vice Chairman Hill moved to recesses the meeting Commissioner Burgin seconded the motion and the meeting ended at 12:46 pm. The Harnett County Board of Commissioners will reconvene at 2:30 pm on Monday, August 3, 2009, Board of Commissioner's Meeting Room, County Administration Building, 102 East Front Street, Lillington. Timothy cNeill, Chairman Attachment 1 Approved by the Harnett County- Board of Cornmissio Date : 08/03/2009 TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES No. Name of Tax Payer Bill Tax, Interest and Total Request penaius sue.:nd 1 HAVES, STACY GERALD 695 IVEY RD BENSON NC, 27504 - 2858 Approved By : WM. A. TONY WILDER Revenue Administrator CC: WM. A. TONY WILDER 0001658155- 2008- 2008- 000000 City(C105) 86.07 County 139.34 City Total County Total Total to be Refunded 225.41 Refund 86.07 139.34 225.41 Vehicle in another county Attachment 2 A RESOLUTION TO CANCEL THE AUGUST 17, 2009 REGULAR EVENING MEETING OF THE HARNETT COUNTY BOARD OF COMMISSIONERS THAT WHEREAS, the Harnett County Board of Commissioners adopted on September 19, 1994 certain Rules of Procedure by which the Board would conduct its meetings; and WHEREAS, Rule 6 of the Rules of Procedure concerning "Regular and Special Meetings" states that the Board may cancel the place or time of a particular regular meeting by resolution; that the Board has determined that it will not meet at its regular scheduled evening meeting on August 17, 2009. NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Harnett County that its regular meeting scheduled for Monday, August 17, 2009 at 7:00 p.m. is hereby canceled; that this Resolution shall be filed with the Clerk to the Board, posted at the regular meeting place and forwarded to all parties on the County's Sunshine List. Adopted by the Harnett County Board of Commissioners in regular session, this 3`d day of August, 200%,,, HARNETT COUNTY BOARD OF COMMISSIONERS By: ATTEST: Marg • • et Regina D Clerkro the Board ibier-te imothy : j cNeill, Chairman Attachment 3 RESOLUTION AUTHORIZING THE DISPOSITION OF PERSONAL PROPERTY DETERMINED TO HAVE NO RESIDUAL VALUE THAT, WHEREAS, County of Harnett is the owner of certain personal property more specifically identified as two couches, four chairs and a coffee table manufactured by "This End Up" Furniture Company (hereinafter referred to as "the Property "); WHEREAS, it has been determined that because of its age and condition the Property has no residual value; WHEREAS, Sexual Assault Family Emergency of Harnett County, Inc. (hereinafter referred to as "SAFE ") desires to acquire the Property; WHEREAS, pursuant to North Carolina General Statue §153A -176 and North Carolina General Statute 160A -266, County of Harnett is authorized to discard any personal property determined to have no value; NOW THEREFORE, BE IT RESOLVED, by the Harnett County Board of Commissioners as follows: 1. That because of its age and condition the Property has no value; and 2. That the Deputy County Manager is hereby authorized to discard the Property; and 3. The Property may be discarded to SAFE on the condition that no expense is incurred by County of Harnett as a result of the disposition. ATTEST: This the 3rd day of August, 2009. MAR * ' T REG 4 DANIEL, ACT FG CLERK Attachment 4 A RESOLUTION OF COMMENDATION TO ROSSIE BLINSON THAT WHEREAS, James A. Graham, more commonly known as Jim Graham, served as North Carolina's Commissioner of Agriculture for an unprecedented 36 years during which he was a national figure in regional and national agricultural associations. In an effort to promote and recognize agricultural related youth service work, Jim Graham established the James A Graham Commissioner of Agriculture Award which is given each year to a North Carolina 4 -H member who has exhibited outstanding dedication and service to the field of agriculture through 4 -H work; and WHEREAS, the 2009 statewide recipient of the James A. Graham Commissioner of Agriculture Award is Harnett County native, Rossie Blinson. Rossie's selection was based upon an evaluation of three years of her exemplary 4 -H agricultural project work. Rossie serves as Junior Leader of the Harnett County 4 41 Livestock Club and she was recently appointed Secretary/Director of Communications for the National Junior Hereford Association. After a statewide audition process, Rossie was selected as lead singer of the North Carolina 4 41 Centennial Song "We Are 4 -H." She also played a leading role in the 4- H Performing Arts Troupe which performed during the North Carolina 4 -H Centennial Congress; and WHEREAS, Rossie Blinson has exhibited extraordinary leadership, work ethic, dedication and service in her project pursuits as she has participated in multiple components of the 4 -H program; her receipt of this prestigious statewide youth service award is a great honor for her, her parents, Bryan and Beth Blinson of Buies Creek, and for Harnett County; that Rossie's achievements should be recognized. NOW, THEREFORE, BE IT RESOLVED, by the Harnett County Board of Commissioners that Rossie Blinson is hereby commended and honored on behalf of the citizens of Harnett County for her accomplishments as the recipient of the 2009 James A. Graham Commissioner of Agriculture Award. The Board does hereby express its appreciation to Rossie Blinson's continued good work and its best wishes to her as she continues her endeavors in the fields of animal science and agribusiness at North Carolina State University. Adopted by the Harnett County Board of Commissioners in regular session, this 3rd day of August, 2009. HARNETT COUNTY BOARD OF COMMISSIONERS imoth' B. cNeill, Chairman Dan B. Andrews Attachment 5 RESOLUTION AUTHORIZING COUNTY OF HARNETT EARLY RETIREMENT INCENTIVE PROGRAM THAT, WHEREAS, the Harnett County Board of Commissioners desires to ensure that the County's budget for FY 2009 -2010 is balanced in a manner that carefully balances the rights of residents and business to government services and the interest of County employees who provide those services; and WHEREAS, the County Manager has recommended an Early Retirement Incentive Program as a cost savings measure that will provide the opportunity to realign staffing levels and redirect financial resources; WHEREAS, the Harnett County Board of Commissioners desires to implement the Early Retirement Incentive Program (hereinafter referred to as "Program "), attached hereto as Exhibit A, under which eligible employees may elect to retire early and to accept benefits in exchange for the signing and execution of a General Release Agreement and Waiver of Claims relating to various terms and conditions; and NOW THEREFORE, BE IT RESOLVED, by the Harnett County Board of Commissioners as follows: 1. That the Employee Retirement Incentive Program, attached hereto as Exhibit A, be hereby ADOPTED; and 2. Any position vacated due to acceptance of the Program will be placed in a job freeze and be subject to the following cost reduction reviews and actions: a. The vacated position or an alternate comparable position or positions, whose substitution shall be first approved by the County Manager shall remain frozen for a minimum of six (6) months pending review and recommendation by the County Manager and approval by the Board of Commissioners. b. For any position vacated by a Department Director, the position may only be filled by a current county employee to serve as an Interim Director for a period of not less than six (6) months. As a result, the position vacated by the Interim Director shall remain frozen for a period of not less than six (6) months. c. The County Manager is authorized to work with departments for other cost reduction plans and can make substitutions to ensure that all regulatory staffing is maintained in those areas that are required to work in ratio. d. Should an elected official decide to accept this plan, the elected official's position will be filled in accordance with the North Carolina General Statutes. Al 1EST: This the 3rd day of August, 2009. MAR ACT ARET • GIN ; DANIEL G CLERK 1 1 Af/le, CNEILL, CHAIRMAN ATTACHMENT A Harnett C O U N T Y HARNETT COUNTY EARLY RETIREMENT INCENTIVE PROGRAM GENERAL RELEASE AGREEMENT AND WAIVER OF CLAIMS This General Release Agreement and Waiver of Claims ( "AGREEMENT ") by and between ( "EMPLOYEE ") and the COUNTY OF HARNETT ( "COUNTY "), and effective as of the date specified herein. RECITALS A. Due to economic reasons, COUNTY has decided to save funds by offering "early retirement" through the Harnett County Early Retirement Incentive Program ( "PROGRAM ") to eligible employees as determined by the COUNTY; and B. EMPLOYEE has voluntarily chosen to accept such early retirement. NOW, THEREFORE in consideration of the mutual promises set forth here, the parties agree as follows: 1. RESIGNATION /RETIREMENT a) EMPLOYEE has confirmed eligibility to retire under the NORTH CAROLINA LOCAL GOVERNMENTAL EMPLOYEE'S RETIREMENT SYSTEM ( "LGERS ") on, or before January 1, 2010 and has elected to retire through LGERS. b) EMPLOYEE has, prior to executing this Agreement, irrevocably and voluntarily resigned /retired from COUNTY employment. 2. BENEFIT TO EMPLOYEE Based on and in consideration of EMPLOYEE'S election of early retirement and satisfaction of all PROGRAM requirements: a) COUNTY shall pay EMPLOYEE an incentive amount as follows: i) Incentive amount is a lump sum payment of $ . For all employees retiring prior to December 1, 2009, this lump sum payment shall include an amount equivalent to the payment of longevity which would have been paid on November 30, 2009. The lump sum payment will be made within thirty (30) days following the EFFECTIVE DATE of this Agreement, provided that EMPLOYEE does not revoke this Agreement, and will be subject to the normal statutory deductions and withholdings. In no event will payment be made later than March 15, 2010. b) In addition, based on EMPLOYEE'S # years service, EMPLOYEE will be offered retiree health benefits as outlined in Article VII, Employee Benefits Section 1, of the Harnett County Personnel Ordinance as outlined below: i) For less than 20 years of creditable service: retiree health insurance at the 25 year percentage; ii) For 20 but less than 25 years of creditable service: retiree health insurance at the 30 year percentage; iii) For 25 or more years of creditable service: retiree health insurance at the 30 year percentage. iv) Except for the additional years of creditable service referred to herein, EMPLOYEE remains subject to all the terms and conditions applicable to COUNTY employees and retirees with respect to health benefits. EMPLOYEE INITIALS 3. EMPLOYEE RELEASE a) EMPLOYEE hereby releases, waives, and forever discharges the COUNTY, its elected or appointed officials, attorneys, volunteers, agents, employees, benefit plans, plan administrators, and assigns (hereinafter "the Releasees ") from any and all liability, actions, charges, causes of action, demands, damages, attorneys fees, or claims for relief or remuneration of any kind whatsoever, whether known or unknown at this time. These include, but are not limited to, any claim (including related attorneys fees and costs) under the Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Worker's Adjustment and Retraining Notification Act, the Equal Pay Act, the Post Civil War Civil Rights Act, The Family and Medical Leave Act, the United States Constitution, the North Carolina Constitution, the Retaliatory Employment Discrimination Act, and any other federal, state, or local law or ordinance, and any claim for benefits or other claims, except those claims which relate to the payment of vested retirement benefits, if any, which EMPLOYEE is entitled to receive. This waiver, release and discharge also includes without limitation, any wrongful or unlawful discharge claims, discipline or retaliation claims, any claims relating to any contract of employment, whether express or implied, any claims related to promotions or demotions, any claims for or relating to relocation, compensation including commissions, short term or long term incentives, retirement plans and the management thereof, any claims for defamation, slander, libel, invasion of privacy, misrepresentation, fraud, infliction of emotional distress, any claims based on stress to the extent permitted by law, any claims for breach of any covenant of good faith and fair dealing, and any other claims relating to the EMPLOYEE'S employment with the COUNTY and separation there from. This AGREEMENT does not apply to any claims or rights that may arise under the Age Discrimination in Employment Act after the date that this Agreement is signed. EMPLOYEE expressly waives all claims, including those which he or she does not know or suspect to exist in his or her favor as of the date of this AGREEMENT. As used herein, the parties understand the word "claims" to include all actions, claims, and grievances, whether actual or potential, known or unknown, and specifically but not exclusively including all claims against the COUNTY and the Releasees arising from or relating to EMPLOYEE'S employment with the COUNTY, the termination thereof or any other conduct by the COUNTY or the Releasees occurring on or prior to the date EMPLOYEE signs this AGREEMENT except those relating to vested retirement benefits. All such claims are forever barred by this AGREEMENT whether they arise in contract or tort or under a statute or any other law. EMPLOYEE also understands and agrees that this release extinguishes all claims, whether known or unknown, foreseen or unforeseen. It is expressly understood and agreed by the parties that this AGREEMENT is in full accord, satisfaction and discharge of any and all doubtful and /or disputed claims by EMPLOYEE against the COUNTY and the Releasees, and that this AGREEMENT has been signed with the express intent of extinguishing all claims, obligations, actions or causes of action as herein described. b) EMPLOYEE or any person acting by, through, or under him /her will not institute any lawsuit, claim, including without limitation to claims of race, sex, ethnicity, color, religious or other discrimination under state or federal law; age discrimination under the Age Discrimination in Employment Act (29 U.S.C. § §621 -634) and state law; disability discrimination under the Americans with Disabilities Act and state law; or any other form of action in state or federal court, which is or otherwise may be attributable to COUNTY, its elected or appointed officials, attorneys, EMPLOYEE INITIALS 2 volunteers, agents and employees, or any of them, arising out of or occurring during his /her employment with COUNTY or termination of that employment. c) Notwithstanding Section 3 (a) and (b), EMPLOYEE retains the right to bring an action or claim against COUNTY for failure of COUNTY to make any payment required under Section 2. d) EMPLOYEE understands and acknowledges that, except for the consideration referenced in this Agreement, he or she has received all compensations and benefits owed to EMPLOYEE by COUNTY, and acknowledges that no other wages, compensation, remuneration, monies or payments of any kind are due to EMPLOYEE except the benefits identified herein, any vested retirement benefits to which EMPLOYEE might be entitled, and those that might be provided upon resignation or retirement under applicable COUNTY rules or plans. EMPLOYEE will otherwise receive no other or further payments from COUNTY. e) In executing this AGREEMENT, EMPLOYEE warrants and represents that none of the rights, claims, actions, damages or liabilities released by EMPLOYEE hereunder have been previously assigned, conveyed or transferred in any fashion to any other person and /or entity. The rights and obligations conferred by this AGREEMENT may not be assigned without the prior written consent of both EMPLOYEE and the COUNTY. 4. PERIOD FOR CONSIDERATION OF AGREEMENT /RIGHT TO REVOKE a) EMPLOYEE confirms that he /she was provided forty -five (45) days in which to consider this AGREEMENT and the terms of the Harnett County Early Retirement Incentive Program. b) If EMPLOYEE is forty (40) years old or older, EMPLOYEE may revoke this AGREEMENT within seven (7) days of signing it. Any revocation must be in writing and delivered to the Human Resources Director in the Human Resources Department on or before the end of the seven day period. Any timely revocation shall make this AGREEMENT void and unenforceable and EMPLOYEE therefore shall not receive any payment set forth in Section 2 or any rights or benefits under or pursuant to the Harnett County Early Retirement Incentive Program. c) This AGREEMENT shall be final and effective on the eighth day after EMPLOYEE signs it (the "EFFECTIVE DATE ") unless revoked as set forth in Section 4 (b). In no event shall the AGREEMENT be effective before the conclusion of the revocation period. 5. EMPLOYEE ACKNOWLEDGMENT a) EMPLOYEE ACKNOWLEDGES THAT HE /SHE HAS BEEN ADVISED TO SEEK LEGAL AND FINANCIAL ADVICE REGARDING THIS AGREEMENT PRIOR TO SIGNING IT. b) EMPLOYEE ACKNOWLEDGES THAT HE /SHE IS EXECUTING THIS AGREEMENT FREELY. KNOWINGLY, AND VOLUNTARILY AND IS FULLY AWARE OF THE CONTENTS AND EFFECTS THEREOF, AND THAT HIS /HER EXECUTION OF THIS AGREEMENT IS NOT THE RESULT OF ANY FRAUD, DURESS, MISTAKE OR UNDUE INFLUENCE WHATSOEVER. IN EXECUTING THIS AGREEMENT, EMPLOYEE DOES NOT RELY ON ANY INDUCEMENTS, PROMISES, OR REPRESENTATIONS BY COUNTY AS TO THE TERMS AND CONDITIONS OF THIS AGREEMENT OTHER THAN AS SET OUT HEREIN. c) EMPLOYEE UNDERSTANDS THAT IN SIGNING THIS AGREEMENT, HE /SHE IS WAIVING AND RELEASING ALL CLAIMS EMPLOYEES HAS AGAINST COUNTY AND THE RELEASEES WHICH HAVE ARISEN UP TO AND INCLUDING THE DATE THIS DOCUMENT IS EXECUTED, INCLUDING WITHOUT LIMITATION, THOSE ARISING UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967, AS AMENDED. d) EMPLOYEE HAS BEEN GIVEN THE OPPORTUNITY TO TAKE AT LEAST 45 DAYS FROM THE DATE HE OR SHE RECEIVED THIS DOCUMENT TO CONSIDER THE TERMS OF THE AGREEMENT AND THE BENEFITS BEING OFFERED UNDER THE HARNETT COUNTY EARLY RETIREMENT INCENTIVE PROGRAM. EMPLOYEE INITIALS 3 e) THE BENEFITS OFFERED TO EMPLOYEE UNDER THE HARNETT COUNTY EARLY RETIREMENT INCENTIVE PROGRAM ARE IN EXCESS OF ANY BENEFITS TO WHICH EMPLOYEE IS OTHERWISE ENTITLED. f) EMPLOYEE further acknowledges that: 1) The amounts to be paid under this AGREEMENT may be taxable as income. COUNTY offers no income tax advice and urges EMPLOYEE to seek advice from an attorney or accountant. ii) This AGREEMENT is not intended to and does not create any sort of COUNTY or other retirement plan and is not executed as a result of liability of either party. iii) On the date EMPLOYEE received a copy of this AGREEMENT, he or she also received a description of: 1. The class, unit, or group of individuals who have been offered benefits under the Harnett County Early Retirement Incentive Program, the eligibility factors for this PROGRAM, and any time limits applicable to the PROGRAM and 2. The job titles and ages of all individuals eligible for the PROGRAM and the ages of all individuals in the same job classification or organizational unit who are not eligible. 6. REEMPLOYMENT RIGHTS COUNTY states and EMPLOYEE acknowledges that the possibility exists that the position held by EMPLOYEE may or may not remain vacant and may or may not be refilled at the sole discretion of COUNTY. In the event the position is refilled by COUNTY, EMPLOYEE understands and agrees that by executing this AGREEMENT, EMPLOYEE waives any and all rights he /she may have to reemployment by COUNTY in any position and promises not to apply for reemployment by COUNTY in any position. 7. MISCELLANEOUS a) This AGREEMENT supersedes any and all prior agreements or understandings between the parties, written or oral. b) This AGREEMENT and the rights and obligations hereunder shall be governed by, and construed and interpreted, in all respects in accordance with the laws of the State of North Carolina. c) If any of the provisions contained in these seven (7) numbered Sections are found null, void or inoperative, for any reason, the remaining provisions shall remain in full force and effect. (Signature) Must be notarized below Date STATE OF NORTH CAROLINA COUNTY OF HARNETT Before me, the undersigned authority on this day personally appeared known to me to be the person whose name subscribed to the foregoing instrument, and acknowledged to me that he or she executed the same for the purposes and consideration therein expressed. SUBSCRIBED AND SWORN to before me this day of , 20 , to certify which witness my hand and seal of office. Notary Public in and for the State of North Carolina My Commission Expires: EMPLOYEE INITIALS 4 Accepted by County of Harnett: By: Title: Date This instrument has been pre- audited in the manner required by the Local Government Budget & Fiscal Control Act. By: Title: Finance Officer Date EMPLOYEE INITIALS 5 RALEIGH/598025v3 Attachment 6 COUNTY OF HARNETT CAPITAL PROJECT ORDINANCE EMERGENCY SERVICES BUILDING RENOVATIONS BE IT ORDAINED by the Board of Commissioners of the County of Harnett, North Carolina, that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby adopted: Section 1. The project authorized is the renovation of the building formerly known as the Law Enforcement and Detention Center to be financed by interest earned on the 2007 COPs issue. This project will provide office space for the Emergency Services division. Section 2. The officers of this unit are hereby directed to proceed with the capital project within the terms of the loan documents, and the budget contained herein. Section 3. The following amounts are appropriated for the project: Engineering $ 75,000 Legal and Admin 5,000 Construction 678,262 $ 758,262 Section 4. The following revenues are anticipated to be available to complete this project: COPs Interest $ 758,262 Section S. The Finance Officer is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy the requirements of the loan agreements, and federal regulations. Section 6. Funds will be transferred from the Law Enforcement and Detention Center for the purpose of making payments as due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 7. The Finance Officer is directed to report, on a quarterly basis, on the financial status of each project element in Section 3. Section 8. The Budget Officer is directed to include a detailed analysis of past and future costs and revenues on this capital project in every budget submission made to this Board. Page 1 of 2 Section 9. Copies of this capital project ordinance shall be furnished to the Clerk to the Board of Commissioners, and to the Budget Officer and the Finance Officer for direction in carrying out this project. Adopted this 3`d day of August, 2009 ATTEST Marg. f t Regina D Inte ' 1 Clerk to the Timothy B311., cNeill, Chairman Harnett County Board of Commissioners Page 2 of 2 (SEAL) Attachment 7 COUNTY OF HARNETT CAPITAL PROJECT ORDINANCE SOUTH CENTRAL WASTEWATER PHASE 1B -1 BE IT ORDAINED by the Board of Commissioners of the County of Harnett, North Carolina, sitting as the governing board for Harnett County and the South Central Water and Sewer District of Harnett County, that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby adopted: Section 1. The project authorized is the construction of approximately 31,000 linear feet of gravity sewer, 14,000 linear feet of sewer force main, and one wastewater lift station to serve the South Harnett/Anderson Creek portion of Harnett County to be financed by a USDA Rural Development grant and a loan. This project will provide sewer service to approximately 385 residences and serve over 700 people in this district. Section 2. The officers of this unit are hereby directed to proceed with the capital project within the terms of the grant documents, loan documents, and the budget contained herein. Section 3. The following amounts are appropriated for the project: Construction $ 2,945,368 WWTP Capacity Purchase 782,795 Engineering 286,300 Land & ROW 100,000 Legal & Admin 25,000 Interest During Construction 90,000 Materials & Supplies 72,268 Contingency 147,269 $ 4,449,000 Section 4. The following revenues are anticipated to be available to complete this project: USDA Rural Development Grant $1,000,000 USDA Rural Development BANS 3,449,000 $ 4,449,000 Section S. The Finance Officer is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy the requirements of the grantor agency, the grant agreements, and federal regulations. Section 6. Funds may be advanced from the Public Utilities Fund for the purpose of making payments as due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 7. The Finance Officer is directed to report, on a quarterly basis, on the financial status of each project element in Section 3 and on the total grant revenues received or claimed. Page 1 of 2 Section 8. The Budget Officer is directed to include a detailed analysis of past and future costs and revenues on this capital project in every budget submission made to this Board. Section 9. Copies of this capital project ordinance shall be furnished to the Clerk to the Board of Commissioners, and to the Budget Officer and the Finance Officer for direction in carrying out this project. Adopted this 3rd day of August, 2009 ATTEST /Ito 0,, , Mar. et Re ' . i aniel Interi1 Clerk to the Board lig he Timothy B. cNeill, Chairman Harnett County Board of Commissioners Page 2 of 2 Attachment 8 COUNTY OF HARNETT CAPITAL PROJECT ORDINANCE SOUTH CENTRAL WASTEWATER PHASE 1B -2 BE IT ORDAINED by the Board of Commissioners of the County of Harnett, North Carolina, sitting as the governing board for Harnett County and the South Central Water and Sewer District of Harnett County, that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby adopted: Section 1. The project authorized is the construction of approximately 66,000 linear feet of gravity sewer, 4,000 linear feet of sewer force main, and one wastewater lift station to serve the South Harnett/Anderson Creek portion of Harnett County to be financed by a USDA Rural Development grant and a loan. This project will provide sewer service to approximately 350 residences and serve over 650 people in this district. Section 2. The officers of this unit are hereby directed to proceed with the capital project within the terms of the grant documents, loan documents, and the budget contained herein. Section 3. The following amounts are appropriated for the project: Construction $ 3,094,402 WWTP Capacity Purchase 1,048,677 Engineering 314,200 Land & ROW 100,000 Legal & Admin 25,000 Interest During Construction 125,000 Materials & Supplies 75,000 Contingency 154,721 $ 4,937,000 Section 4. The following revenues are anticipated to be available to complete this project: USDA Rural Development Grant $1,000,000 USDA Rural Development BANS 3,937,000 $ 4,937,000 Section 5. The Finance Officer is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to satisfy the requirements of the grantor agency, the grant agreements, and federal regulations. Section 6. Funds may be advanced from the Public Utilities Fund for the purpose of making payments as due. Reimbursement requests should be made to the grantor agency in an orderly and timely manner. Section 7. The Finance Officer is directed to report, on a quarterly basis, on the financial status of each project element in Section 3 and on the total grant revenues received or claimed. Page 1 of 2 Section 8. The Budget Officer is directed to include a detailed analysis of past and future costs and revenues on this capital project in every budget submission made to this Board. Section 9. Copies of this capital project ordinance shall be furnished to the Clerk to the Board of Commissioners, and to the Budget Officer and the Finance Officer for direction in carrying out this project. Adopted this 3rd day of August, 2009 ATTEST Mar. et Regina aniel Inte Clerk to the Board ar' 4'AF Timothy B. eill, Chairman Harnett County Board of Commissioners Page 2 of 2 (SEAL)