06261989 (2)477
HARNETT COUNTY BOARD OF COMMISSIONERS SPECIAL MEETING, JUNE 26, 1989
The Harnett County Board of Commissioners met in special session on Monday,
June 26, 1989, at the County Office Building, Lillington, North Carolina, with
the following members present: Rudy Collins, Bill Shaw, Mack Reid Hudson,
Mayo Smith, and Chairman Lloyd G. Stewart presiding. Others present were:
Dallas H. Pope, County Manager; W. Glenn Johnson, County Attorney; Vanessa W.
Young, Clerk to the Board; and Kay S. Blanchard, Recording Secretary.
Chairman Stewart called the meeting to order at 7:35 p.m.
ORD. TO ADOPT John M. Phelps, II, Public Utilities Attorney, presented an Ordinance
RULES & REGS. Regulating Sanitary Sewer System - Policies, Rules, Regulations and Rates for
BUNNLEVEL /RIVER. Bunnlevel- Riverside Wastewater Facilities, Harnett County, North Carolina.
Commissioner Shaw moved for the adoption of the ordinance. Commissioner Smith
seconded the motion and it passed with a unanimous vote. The ordinance is
copied in full in the Harnett County Ordinance Book 1, page ;3(,..
ZONING DIST.
CHANGE APPLI.
NATHAN DIXON
RAY ANDRAY
RICKY SURLES
NCACC INS.
POOL AGREEMENT
The Board considered the following applications for zoning district change:
1. Dixon, Nathan Jimmie, from RA -40 Zoning District to RA -20R
Zoning District, Neill's Creek Township, SR 1006. Commissioner
Hudson moved that the zoning district change be denied. Commissioner
Collins seconded the motion and it passed with a unanimous vote.
2. Ray, Andray, from RA -30 Zoning District to RA -20M Zoning District,
Lillington Township, SR 2034. Commissioner Smith moved that the
zoning district change be approved. Commissioner Collins seconded
the motion and it passed with a unanimous vote.
3. Surles, Ricky, from RA -30 Zoning District to Industrial Zoning
District, Black River Township, SR 1542. Commissioner Collins moved
that the zoning district change be approved. Commissioner Shaw
seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, presented a Resolution to Adopt the Interlocal
Agreement Establishing the North Carolina Counties Liability and Property
Joint Risk Management Agency and to Join that Agency. Commissioner Hudson
moved for the adoption of the resolution. Commissioner Smith seconded the
motion and it passed with a unanimous vote. The resolution is copied in full
at the end of these minutes dated June 26, 1989, as document no. 1.
MEREDITH SENTER Bobby Wicker briefed the Board on an Equalization and Review case for Mr.
E & R CASE Meredith Senter involving appeal on property located in Buckhorn Township.
Commissioner Hudson moved to leave values as assessed except 4.4 acres located
under powerline which will be assessed wasteland. Commissioner Collins
seconded the motion and it passed with a unanimous vote.
NUTRITION PROG. Dallas H. Pope, County Manager, briefed the Board concerning a funding
SHORTFALL shortfall associated with the Harnett County Nutrition Program. Commissioner
Smith moved to approve funding the shortfall projected for July, 1989, with a
funding cap of $7,000. The shortfall funds will be made available if the
State Budget does not include requested funding for the projected shortfall
involving the Nutrition Program. Commissioner Shaw seconded the motion and it
passed with a unanimous vote.
BUDGET AMEND. Dallas H. Pope, County Manager, requested the following budget amendment for
Public Utilities, South Central:
30- 4300 -035 Bulk Water $5,500. increase
Commissioner Shaw moved for the approval of the budget amendment for Public
Utilities, South Central. Commissioner Collins seconded the motion and it
passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Public Utilities, Sewer Department:
30- 4200 -016 Maintenance & Repair, Equip.
30- 4200 -073 Capital Outlay, Other Improv.
30- 4200 -054 Insurance & Bonds
1,000. increase
1,000. increase
2,000. decrease
Commissioner Collins moved for the approval of the budget amendment for Public
Utilities, Sewer Department. Commissioner Smith seconded the motion and it
passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
the Planning Department:
10- 4100 -135 Other Appropriations 3,000. decrease
10- 7200 -074 Capital Outlay, Equip. 3,000. increase
Commissioner Hudson moved for the approval of the budget amendment for the
Planning Department. Commissioner Shaw seconded the motion and it passed with
478
9DJOURNMENT
a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
the Landfill:
10 -6600 -045 Contracted Services 8,000. increase
Commissioner Shaw moved for the approval of the budget amendment for the
Landfill. Commissioner Smith seconded the motion and it passed with a
unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Emergency Medical Services:
10- 5400 -002 Salaries & Wages
10 -5400 -005 F.I.C.A. Tax Expense
10 -5400 -007 Retirement Expense
3,590. increase
215. increase
180. increase
Commissioner Collins moved for the approval of the budget amendment for
Emergency Medical Services. Commissioner Hudson seconded the motion and it
passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
the Jail:
10 -5120 -047 Food & Provisions
10- 5120 -013 Utilities
10 -5100 -037 N.C. Sales Tax
8,000. increase
1,500. decrease
6,500. decrease
Commissioner Collins moved for the approval of the budget amendment for the
Jail. Commissioner Shaw seconded the motion and it passed with a unanimous
vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Public Assistance:
10- 7710 -141 A.A. & A.D.
10- 7700 -019 Food Stamp Employment Trng.
10- 7700 -074 Capital Outlay - Equip.
1,500. increase
500. decrease
1,000. decrease
Commissioner Smith moved for the approval of the budget amendment for Public
Assistance. Commissioner Hudson seconded the motion and it passed with a
unanimous vote.
There being no further business, the Harnett County Board of Commissioners
Special Meeting, June 26, 1989, duly adjourned at 9 p.m.
Lloy< . Stewart, Chairman
/.iCJ °'
Kay S. Wlanchard, Recording Secretary
1a-0.444-0-/ `(I). mil/
Vanessa W. Young, Cl
k
to
e Board
479
DOCUMENT NO. 1.
HARNETT COUNTY
NORTH CAROLINA
RESOLUTION TO ADOPT THE INTERLOCAL AGREEMENT ESTABLISHING
THE NORTH CAROLINA COUNTIES LIABILITY AND PROPERTY JOINT RISK
MANAGEMENT AGENCY AND TO JOIN THAT AGENCY
WHEREAS, the County of Harnett desires to protect against liability
claims and property losses and to provide for payment of claims or losses for
which the county may be liable; and
WHEREAS, the North Carolina Counties Liability and Property Joint Risk
Management Agency has been established pursuant to G.S. 153A -445 (a) (1) and
G.S. 160A -460 through 160A -464; and
WHEREAS, it is desirable for the County of Harnett to join the North
Carolina Counties Liability and Property Joint Risk Management Agency in order
to provide a method of risk sharing for liability claims and property losses;
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of
The County of Harnett hereby adopts the interlocal agreement entitled
"Interlocal Agreement Establishing the North Carolina Counties Liability and
Property Joint Risk Management Agency, which has been formed to create a group
fund to pay liability claims and property losses of the counties and other
local agencies joining the agency.
BE IT FURTHER RESOLVED that Lloyd G. Stewart, Chairman, Harnett County
Board of Commissioners, is hereby authorized to execute the application to
join the North Carolina Counties Liability and Property Joint Risk Management
Agency.
Duly adopted this the 26th day of June, 1989.
HARNETT COUNTY BOARD OF COMMISSIONERS
INTERLOCAL AGREEMENT FOR A GROUP SELF - INSURANCE FUND FOR
LIABILITY AND PROPERTY RISK SHARING
This agreement and Contract is made and entered into by and between
all the parties who are now or may hereafter become members of this ..
joint agency and join in a group fund for Liability and Property risk
sharing, which Agency is acting by and through its Board of Trustees
as provided herein.
Article I. Purposes of the Agreement.
1. To carry out the desire of certain counties of the State of North
Carolina to create and become the North Carolina Counties
Liability and Property Joint Risk Management Agency and to enable
these counties to pool retention of their risks for Liability
claims and Property losses pursuant to the provisions of North
Carolina General Statutes 153A- 445(a)(1) and 160A -460 through
160A -464; and to provide for payment of such losses of, or claims
made against, any member of the pool.
2. To create a Board of Trustees to direct the affairs of the Agency
and to describe the responsibilities of the Board.
3. To designate initial service agent(s) for the agency as selected
by the Board of Trustees of the Agency and subject to supervision
by the Administrator and to designate said administrator of the
Agency and its fund.
4. To provide for the discharge, from the assets of the fund and
through excess insurance purchased by the Agency, of any property
losses incurred by any member of the Agency and any lawful
liability claims against any member of the Agency which awards
have been sustained by final judgement where suit shall have been
filed or by the rules of the Agency if settlement is made before
suit is filed. •
5. To provide for payment by members of the Agency of contributions
based upon appropriate classifications, rates, and experience
modifications, out of a portion of which the Agency will
establish and maintain a fund for the payment of liability claims
and property losses.
Article II. Duration of the Agreement.
The agreement shall remain in force until terminated by the Board of
Trustees.
480
Article III_ Board of Trustees: Creation, Powers and Duties.
1. The counties that are signatories hereto do hereby establish the
North Carolina Counties Liability and Property Joint Risk
Management Agency, hereafter called the 'Agency" as ajoint
interlocal agency to operate a fund for Liability and Property
risk sharing, hereafter referred to as the 'Fund ". The Agency
and the Fund shall be governed by a Board of Trustees composed of
seven elected officials'or employees of county governments who
are members of. the Agency and who shall be appointed by the Board
of Directors of the North Carolina Association:of County_
commissioners, hereafter referred to as 'Association ". Five
members shall be appointed on the effective date of the
Agreement_ Two of these shall serve three year terms ending June
30, 1989; two shall serve two year terms ending June 30, 1988 and
one shall serve a one -year term ending June 30, 1987- Two
members shall be appointed as of the first quarterly admission of
new members to the Agency: one of these shall serve a term
ending June 30,.1988 and one a term ending June 30, 1987.
Following these initial appointments, terms of trustees shall be
for three years. A member of the Board of Trustees shall
continue to hold office until his successor is selected. Any
vacancy shall be filled for the unexpired portion of the term by
appointment by the Board of Directors of the Association. A
member of the Board of Trustees who ceases to be an elected
official or employee of county government, or whose county ceases
to be a member of the Agency shall be deemed to vacate his seat'
on the Board.
2. The Board of Trustees annually shall select a chairman from among
its membership to preside for the ensuing year_ A majority of
the membership of the Board shall constitute a quorum thereof and
any question may be decided by a majority vote_
3. The Board of. Trustees:
a) - Shall have general control and supervision over the affairs
of the Agency and the Fund; .
b) 'Is authorized to establish, operate and enforce
administrative rules, regulations and by -laws as between the
individual members of the Agency and the Agency
c) Shall establish terms and conditions of coverage within the
pool, including underwriting criteria and exclusions of
coverage;
d) Shall ensure that all claims are paid promptly;
e) Shall take all necessary precautions to safeguard the assets
of the pool; _
f). Shall maintain minutes of its meeting which minutes shall
delineate the areas of authority delegated by the Board of
Trustees to the' administrator and to the Service agent;
g) Shall have sole responsibility to determine whether
applicants for membership shall be admitted to the Agency
and whether existing members shall be suspended or expelled,
subject'to the following limitations:
(1) Only governmental units, institutions or agencies in
' the State of North Carolina shall be eligible for
membership; and
(2) A member may be suspended or expelled only, after
receiving sufficient notice pursuant to Article VIII,
paragraph 2, of this Agreement.. The Board of Trustees
may promulgate rules and regulations, as needed,
regarding admission, suspension or expulsion of
members;
h) Shall approve and monitor all loss control programs.
i) Shall execute service agreement(s) designating service
agent(s) for the Agency and shall agree upon the terms of .
service fees to be paid to the service agents) and shall
have sole responsibility to assess the performance of the
service agent(s),.. to review, negotiate and give final
approval to any service agreement(s) between the Agency and
any service agent(s), and to have final selection of any
Service Agent;
j) Shall have authority to negotiate, execute and monitor any
other contracts and agreements necessary to effectuate this
Interlocal Agreement; and
k) Shall bear sole responsibility for any dispositions out of
the Fund by way of dividends or distribution, if any, of
accumulated reserves to the members of the Agency.
Article IV. Designation and Duties of Administrator; duties of
Service Agent(s).
1. The North Carolina Association of County Commissioners is hereby
designated as the Administrator of the Agency and its Fund. ._ The
Association shall supervise the service agent(s). The
Association shall deposit to the account of the Agency at any
bank or banks designated by the Board of Trustees, all
contributions as collected, and such monies shall be disbursed
only as provided by the rules, regulations and by -laws of the
Board of Trustees, and the service agreement(s) with the service
agent(s). The Association shall receive a fee which shall be
negotiated from time to time by the Board of Trustees, and which
shall be set forth in the Agreement between the Agency and the
Association. ..
,1
481
2. The service agent(s), under the supervision of the Board of
Trustees and the Association, shall be generally responsible for
claims administration, program development and loss control on
behalf of the members. The service agent(s) shall assist the
Board of Trustees in determining all contributions due the1Fund,
prepare for payment all approved items of expense and claims, and
give a monthly accounting of all monies and claims so handled.
The responsibilities and duties of the service agent(s) shall be
more particularly defined and described in the service
agreement(s) executed with the service agent(s).
3. For performing the servicing functions of the Agency, the service
agent(s) shall receive a fee which shall be negotiated with and
approved by the Board of Trustees. Such fees may be renegotiated
from time to time as mutually agreed upon by the service agent(s)
and the Board of Trustees. The service agent(s)' books and
records as they relate to the Agency and the Fund shall be open
to inspection by the Board of Trustees and the Association or
their agents at all reasonable times.
Article V :"-Contributions to the Fund; Audits.
1. Contributions to the Fund by individual members shall be
determined by the Board of Trustees. The Board of Trustees shall
have the discretion to modify the contributions as may be
necessary to maintain the soundness of the Fund. The Board of
Trustees is authorized to determine the method and timing of
payment of contributions to the Fund and the method and timing of
the distribution of any surplus, with due regard for the
interests of the members and the financial security of the Fund.
2: The Fund shall be audited annually by a certified public
accounting firm.- The Board of Trustees shall obtain an
appropriate actuarial evaluation of the loss and loss.adjustment
expense reserves of the Fund including an estimate of losses and
loss adjustment expenses incurred but. not reported.
Article VI. Amendment of The Agreement.
This agreement and Contract may be amended by action of its members in
the following manner: Any amendment shall be proposed by the Board of
Trustees and submitted in writing to each of the members. A proposed
amendment shall be adopted if approved by a simple majority vote of
the members present and voting at a meeting called for that purpose by
the Board of Trustees and scheduled not less than fifteen (15) days
after the proposed amendment is submitted to the membership. Only
such proposed amendment or amendments as are specifically submitted in
writing in advance may be considered at the meeting.
Article VII. Terms, Conditions and Limits of Liability, Exclusions,
Insuring Agreements, Assistance and Cooperation of Members,
Subrogation and other Terms and Conditions of Membership.
1. For the purposes of this Interlocal Agreement, the terms
Liability and Property mean all property and casualty risks
subsumed or described in the policy or risk sharing contract
approved by the Board of Trustees from time to time.
2. Terms, conditions and limits of liability, exclusions, insuring
agreements, assistance and cooperation of members, subrogation
and other terms and conditions of membership shall be governed by
the policy or risk sharing contract approved by the Board of
Trustees from time to time.
Article VIII. Cancellation.
1.
This Contract can be cancelled by the member only on an Agency
anniversary date and only after having given written notice to
the Agency at least ninety (90) days prior to such anniversary
date. The Agency anniversary date shall be July 1 of each year.
2. This Contract can be cancelled by the Agency only on an
anniversary date and only after having given written notice to
the member at least ninety (90) days before such anniversary date
except that the Agency may cancel at any time after giving
fifteen (15) days written notice to the member if (a) the member
has failed to pay any contribution when due, or (b) the member
has refused or failed to comply with any loss prevention
recommendation submitted to the member by the Agency or by the
service agent(s) on behalf of the Agency.
3. If, at the time this Contract is cancelled by any party, the
Agency holds any contributions which are refundable to the member,
such contributions shall be refunded following the time statute
of limitations on all claims for the year has run.
•
)Article IX. Terms of Agreement Conformed to Statute.
Terms of this Agreement which are in conflict with the provisions of
North Carolina Law are hereby amended as necessary from time to time
to conform to such law.
Article X. Effective Date of Agreement.
Any member who formally applies for membership in this Agency and this
Fund and is accepted by the Board of Trustees shall thereupon become a
party to this Agreement and be bound by all of the terms and
conditions hereof, and such application shall constitute a counterpart
of this Agreement.
IN ' WITNESS WHEREOF, the members of the North Carolina Counties General
Liability and Property Risk Management Agency have caused these
presents to be signed by their duly authorized officials: