02041991
~ 1 9
HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR ~1EETING. FEBRUARY 4. 1991
The Harnett County Board of Commissioners met in regular session on
Monday, February 4, 1991, in the County Office Building, Lillington,
North Carolina, with the following members present: Mack Reid Hudson,
Bill Shaw, Walt Titchener, Beatrice Bailey Hill, and Chairman Lloyd G.
Stewart presiding. Others present were Dallas H. pope, County
Manager; W. Glenn Johnson, County Attorney; and Kay S. Blanchard,
Recording Secretary.
Chairman Stewart called the meeting to order at 9:00 a.m.
Commissioner Hill offered the invocation.
Commissioner Titchener moved for the approval of the minutes of the
regular meeting January 22, 1991. Commissioner Hill seconded the
motion and it passed with a unanimous vote.
PRESENTATIONS TO Dallas H. Pope, County Manager, presented for consideration
RACHEL KORPULIIJSKI resolutions of appreciation for former County employees, Rachel
AND HAROLD LLOYjJ ON Korpulinski and Harold Lloyd. Commissioner Titchener moved for the
RETIREMENT adoption of both resolutions. Commissioner Shaw seconded the motion
and it passed with a unanimous vote. The resolutions are copied in
full at the end of these minutes as Attachments 1A. and lB.
James Goff, Agricultural Extension Director, presented Mr. Harold
Lloyd's resolution to him and Chairman Stewart presented a plaque
which read "In honor and appreciation of his outstanding service and
contributions to Harnett County as Agricultural Extension Agent
1968 - 1991". Mr. Goff introduced Dr. Hugh L. Liner, North Central
District Director, who presented Mr. Lloyd a plaque of appreciation
~rom the State Extension Service.
Bobby L. Wicker, Tax Administrator, presented Mrs. Rachel
Korpulinski's resolution to her and Chairman Stewart presented a
plaque which read "In honor and appreciation of her outstanding
service and contributions to Harnett County as Tax Listing Supervisor
1971 - 1990".
LEAS!:: AGREEMENT FOR Tony Wilder, presented for the Board's consideration a lease agreement
DISTRICT ATTORNEY between Franklin D. Hamilton and wife, Trudy B. Hamilton, lessors, and
OFFICE SPACE County of Harnett, lessee, for additional office space for the
District Attorney's Office operation. Thomas A. Lock, District
Attorney, briefed the Board on the need of additional office space.
Commissioner Shaw moved for the approval of the lease agreement.
Commissioner Titchener seconded the motion and it passed with a
unanimous vote.
Charles Denkins, North Carolina Department of Transportation, briefed
the Board on current DOT activities.
SOUTHWEST W & s Chairman Stewart called to order a meeting of the Southwest Water and
DISTRICT MEETING Sewer District.
John M. Phelps, II, Public Utilities Attorney, reported to the Board
that the Southwest Water and Sewer District's bond anticipation notes
sold at the excellent rate of 5.05% at the January 29, 1991, Bond
Anticipation Note sale.
Mr. Willard Dean, Farmers Home Administration, presented for the
Board's consideration a resolution concerning revised fund analysis
and amended Letter of Conditions associated with subsequent loan and
grant for the Southwest Water and Sewer District project.
Commissioner Hudson moved for the adoption of the resolution regarding
amendments to the documentation associated with the project.
Commissioner Hill seconded the motion and it passed with a unanimous
vote. The resolution and related documents are copied in full at the
end of these minutes as Attachment 2.
There being no further business, Chairman Stewart adjourned the
meeting of the Harnett County Board of Commissioners sitting as the
governing body of the Southwest Water and Sewer District.
RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented a Resolution
WASTE SLUDGE DISPOSAL AU":::':lorizing Execution of Agreement with Marziano & Minier, P.A. (Waste
STUDY PROJECT Sludge Disposal Study Project). Commissioner Shaw moved for adoption
of the resolution. Commissioner Hudson seconded the motion and it
passed with a unanimous vote. The resolution is copied in full at the
end of these minutes as Attachment 3.
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RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented a Resolution
WELSH SPORTING GOODS Regarding Procurement of Engineering Services (Welsh Sporting Goods
INDUST. DEV. PROJECT Industrial Development Project). Commissioner Hudson moved for the
adoption of the resolution. Commissioner Hill seconded the motion and
it passed with a unanimous vote. The resolution is copied in full at
the end of these minutes as Attachment 4.
RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented a Resolution
TANK PAINTING PROJECT Regarding Procurement of Engineering Services (Elevated Tank painting
Project - Metro No.4). Commissioner Hill moved for the adoption of
the resolution. Commissioner Shaw seconded the motion and it passed
with a unanimous vote. The resolution is copied in full at the end of
these minutes as Attachment 5.
RESOLUTION RE: John M. Phelps, ..,..... Public Utilities Attorney, presented a Resolution
.L.L,
CAPE FEAR REGIONAL authorizing Adjustment of Wastewater Treatment Plant Location on
WASTEWATER SYSTEM Existing Site (Cape Fear Regional Wastewater System Project).
PROJECT Commisstoner Hudson moved for the adoption of the resolution.
Commissione= Shaw seconded the motion and it passed with a unanimous
vote. The resolution is copied in full at the end of these minutes as
Attachment 6.
THERMETICS COURT CASE Dallas H. Pope, County Manager, presented a letter of request for
support from the City of Dunn involving Thermetics court case.
After discussion concerning amount requested, Commissioner Titchener
moved that the Board obtain telephone verification during this meeting
and that the Board take action on this item today. The motion di~d
from lack of second. Chairman Stewart instructed the County Attorney
to obtain additional information on this matter and stated that the
item will be considered at the next regular Board meeting on February
18, 1991.
NEW SOCIAL SERVICES Jack Bryan, Social Services Director, requested that three new Social
POSITIONS REQUESTED Worker II positions and one Fraud Investigator position be added in
the Social Services Department. Commissioner Hudson made a motion to
approve two new Social Worker II positions with classification 66A,
and one Fraud Investigator position with classification of 63A.
Commissioner Hill seconded the motion and it passed with the following
vote: Ayes: 4 Noes: 1 Absent: 0
AMENDMENTS TO TRANS- Jack Bryan, Transportation Advisory Board Chairman, presented for
PORTATION DEVELOPMENT consideration a Resolution Amending the Harnett County Transportation
PLAN Advisory Board By-laws. Commissioner Shaw moved for the adoption of
the resolution. Commissioner Hill seconded the motion and it passed
with a unanimous vote. The resolution is copied in full at the end of
these minutes as Attachment 7.
ADDITIONAL MEMBERS Jack Bryan, Transportation Advisory Board Chairman, requested that the
APPOINTED TO TRANS- following proposed additional members be appointed to serve on the
PORTATION ADVISORY BD. Transportation Advisory Board:
1. Melanie Collins 5. Betty Lou Darroch
Harnett County Library Concerned Citizens
P. O. Box 1149 Rt. 1, Box 155
Lillington, NC Bunnlevel, NC
2. Lib Pate, Nutrition Director 6. Tony Wilder
Dunn Senior Center County Administration
1516 W. Pope P. O. Box 759
Dunn, NC Lillington, NC
3. Queen Penny 7. _ Billy Cupit
Henly Roberts Child Dev. Center Vocational Rehab. Services
P. O. Drawer 819 P. o. Box 518
Lillington, NC Dunn, NC
4. Lois Murphy 8. James Goff
Lee-Harnett Mental Health Agricultural Extension
P. O. Box 457 P. O. Box 1089
Buies Creek, NC Lillington, NC
Commissioner Hudson made a motion for the appointments as listed
above. Commissioner Hill seconded the motion and it passed with a
unanimous vote.
AMENDMENT TO EMS Dan Gardner, Emergency Medical Services Director, presented a
POLIC IES Resolution Amending the Harnett County Emergency Medical Services
Operating Policies involving disregarding or cancelation of calls.
Commissioner Titchener moved for the adoption of the resolution.
Commissioner Hill seconded the motion and it passed with a unanimous
vote. The resolution is copied in full at the end of these minutes as
Attachment 8.
Dan Gardner, Emergency Medical Services Director, presented a
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AMENDMENT TO EMS Resolution Amending the Harnett County Emergency Medical Services
POLICIES Operating Policies involving Policy Statement No. 4.02 concerning
vehicles. Commissioner Titchener moved for the adoption of the
resolution. Commissioner Shaw seconded the motion and it passed with
a unanimous vote. The resolution is copied in full at the end of
these minutes as Attachment 9.
Eddie Wimberly, Emergency Medical Services Assistant Director and
REVISED JOB DESCRIP- Training Officer, presented for the Board's consideration revised job
TIONS FOR EMS descriptions for all positions in the Emergency Medical Services
function. Commissioner Titchener made a motion to approve the job
descriptions. Commissioner Hill seconded the motion and it passed
with a unanimous vote.
NEW POSITION ADDED Dallas H. Pope, County Manager, requested that one new Emergency
TO EMS Medical Technician Intermediate position be added in the Emergency
Medical Services Department. Commissioner Titchener made a motion to
approve the additional EMS I position with classification of 63A.
Commissioner Hudson seconded the motion and it passed with a unanimous
vote.
LETTER OF CREDIT W. Glenn Johnson, County Attorney, presented a Letter of Credit for
FOR CAROLINA SEASONS Carolina Seasons Section Two concerning paving of roads in the
SECTION TWO subdivision. Mr. Johnson recommended that the Board not approve the
Letter of Credit today because further information is needed.
Commissioner Shaw made a motion to table the matter. Commissioner
Hill seconded the motion and it passed with a unanimous vote.
SR 1174 DELETED Commissioner Shaw moved for the adoption of a resolution concerning
FROM STATE ROAD deletion of SR 1174 from the State's Secondary Road System.
SYSTEM Commissioner Hill seconded the motion and it passed with a unanimous
vote. The resolution is copied in full at the end of these minutes
as Attachment 10.
APPOINTMENTS TO Melanie Collins, Library Director, requested that the following
LIBRARY BOARD appointments be made to the Library Board:
1- John F. Allison, Assistant Librarian for Technical Services,
Campbell University Law Library, P. O. Box 1511, Buies Creek, NC
to replace Nancy T. Rodgers, whose term expired.
2. Sherry B. Royal, English Teacher, Harnett Central High School,
Rt. 3, Box 588, Dunn, NC, to fill unexpired term of Ermie Godwin.
Commissioner Titchener made a motion to table the matter. The motion
died from lack of second. Commissioner Hill moved for approval of the
appointments as reques~ed. Commissioner Shaw seconded the motion and
it passed with the following vote: Ayes: 4 Noes: 1 Absent: o.
Mr. Allison is appointed for a four-year term to expire January 1,
1995. Ms. Royal is appointed to fill the unexpired term of Ermie
Godwin whose term expires January 1, 1994.
RESOLUTION RE: Tony Wilder, Special projects Coordinator, presented a resolution
PROPOSED LOCAL LEG. concerning proposed local legislative bill on solid waste annual fee.
BILL ON SOLID WASTE Commissioner Hudson moved for the adoption of the resolution.
ANNUAL FEE Commissioner Shaw seconded the motion and it passed with a unanimous
vote. The resolution is copied in full at the end of these minutes as
Attachment 11.
RESOL. RELEASING Dallas H. Pope, County Manager, presented a resolution releasing
STATE FUNDS TO Harnett County's share of state funds to Mid-Carolina Council of
MID-CAROLINA COG Governments. Commissioner Shaw moved for the adoption of the
resolution. Commissioner Hill seconded the motion and it passed with
a unanimous vote. The resolution is copied in full at the end of
these minutes as Attachment 12.
REDESIGNATION OF Dallas H. Pope, County Manager, requested that an existing Deputy II
POSITION IN SHER. Detective position in the Sheriff's Department be redesignated as a
DEPT. Deputy II Patrol position with no additional classification change.
Commissioner Hill moved for the approval of the redesignation as
requested. Commissioner Shaw seconded the motion and it passed with a
unanimous vote.
Monthly reports for January were filed with the Board from the
following departments: Emergency Medical Services, Building
Inspections, Veteran's Service, Sheriff's Department, and the Tax
Department. The Tax Attorney's report was also filed with the Board
and is copied in full at the end of these minutes as Attachment 13.
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TAX REFUNDS Bobby Wicker, Tax Administrator, requested the following tax refunds:
1. Hubert Graham, Rt. 6, Box 396, Sanford, NC $ 24.52
2. Steven Gregory, Rt. 1, Box 172, Lillington, NC 80.96
3. Thomas McNamara, Rt. 2, Box 644, Coats, NC 28.56
4. Russell Bradley, P. O. Box 1568, Lillington, NC 101. 75
5. Donald Bryan, 7838 Sierra Trail, Spring Lake, NC 96.14
6. Dewey W. Jernigan, Rt. 7, Box 208, Dunn, NC 31. 32
7. Jerry Bayles, 1604 Denim Dr., Erwin, NC 104.39
8. Ruth Bryant, Rt. 3, Box 931, Dunn, NC - 1988 179.17
9. Ruth Bryant, Rt. 3, Box 931, Dunn, NC - 1989 207.61
10. Ruth Bryant, Rt. 3, Box 931, Dunn, NC - 1990 206.08
11. Willie L. Fallin, Rt. 11, Box 871J, Sanford, NC 46.80
12. John M. Womble, Jr., P. O. Box 277, Lillington, NC 90.11
13. Charlie Gilmore, 1009 N. Fayette. Ave., Dunn, NC - 1990 5.53
14. Charlie Gilmore, 1009 N. Fayette. Ave., Dunn, NC - 1989 5.53
15. Charlie Gilmore, 1009 N. Fayette. Ave., Dunn, NC - 1988 4.55
16. Charlie Gilmore, 1009 N. Fayette. Ave., Dunn, NC - 1987 6.37
Commissioner Hudson made a motion to approve the tax refunds as
requested. Commissioner Hill seconded the motion and it passed with a
unanimous vote.
BUDGET AMENDMENTS. Dallas H. Pope, County Manager, requested the following budget
amendment for the Finance Department:
Code 10-4400-016 Maintenance & Repair-Equip. 3,300. increase
Revenue: 10-3990-000 Fund Balance Appropriated 3,300. increase
Commissioner Shaw moved for approval of the budget amendment.
Commissioner Hill seconded the motion and it passed with a unanimous
vote.
Dallas H. Pope, County Manager, requested the following budget
amendment for Transportation & Procurement:
Code 10-5550-016 Maintenance & Repair-Equip. 25,000. increase
10-5550-074 Capital Outlay-Equip. 24,668. increase
Revenue: 10-3990-000 Fund Balance Appropriated 49,668. increase
Commissioner Shaw moved for approval of the budget amendment.
Commissioner Hill seconded the motion and it passed with a unanimous
vote.
Dallas H. Pope, County Manager, requested the following budget
amendment for Public utilities (Water) :
Code 30-9100-004 Professional Services 5,000. increase
30-9100-074 Capital Outlay-Equip. 2,000. increase
Revenue: 30-3712-009 Water Fees-South Central Bulk 7,000. increase
Commissioner Shaw moved for approval of the budget amendment.
Commissioner Hudson seconded the motion and it passed with a unanimous
vote.
Dallas H. Pope, County Manager, requested the following budget
amendment for Public Utilities (South Central Operating):
Code 30-9300-004 Professional Services 3,300. increase
30-9300-074 Capital Outlay-Equip. 2,800. increase
Revenue: 30-3712-006 Water Fees-South Central 6,100. increase
Commissioner Shaw moved for approval of the budget amendment.
Commissioner Hudson seconded the motion and it passed with a unanimous
vote.
Dallas H. Pope, County Manager, requested the following budget
amendment for Anderson Creek Senior Citizens Center (Capital
Projects):
Code 61-9050-001 Construction 11,000. increase
Revenue: 61-3000-001 Mid-Carolina Council of Govmt. 10,000. increase
61-3000-004 Donations 1,000. increase
Commissioner Shaw moved for approval of the budget amendment.
Commissioner Hill seconded the motion and it passed with a unanimous
vote.
Upon motion by Commissioner Hudson and second by Commissioner Shaw,
the following budget amendments for the F.Y. 1990-91 Merit Pay
Program as presented by Dallas H. Pope, County Manager, were approved
by unanimous vote:
Department Code Description Increase Decrease
Administration 10-4200-002 Salaries & Wages $ 240.
10-4200-005 FICA Tax Expense 12.
10-4200-007 Retirement Expense 18.
10-8800-160 Contingency 270.
Bd. of Elections 10-4300-002 Salaries & Wages 282.
10-4300-005 FICA Tax Expense 22.
10-4300-007 Retirement Expense 15.
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10-8800-160 Contingency 319.
Finance 10-4400-002 Salaries & Wages 756.
I 10-4400-005 FICA Tax Expense 58.
10-4400-007 Retirement Expense 36.
10-8800-160 Contingency 852.
Data Processing 10-4450-002 Salaries & Wages 240.
10-4450-005 FICA Tax Expense 18.
10-4450-007 Retirement Expense 12.
10-8800-160 Contingency 270.
Reg. of Deeds 10-4800-002 Salaries & Wages 1,092.
10-4800-005 FICA Tax Expense 55.
10-4800-007 Retirement Expense 84.
10-8800-160 Contingency 1,231-
Public Bldgs. 10-5000-002 Salaries & Wages 750.
10-5000-005 FICA Tax Expense 57.
10-5000-007 Retirement Expense 38.
10-8800-160 Contingency 845.
Communications 10-5110-002 Salaries & Wages 406.
10-5110-005 FICA Tax Expanse 32.
10-5110-007 Retirement Expense 2I.
10-8800-160 Contingency 46I.
County Jail 10-5120-002 Salaries & Wages 1,404.
10-5120-005 FICA Tax Expense 108.
10-5120-007 Retirement Expense 68.
10-8800-160 Contingency 1,580.
Emer. Management 10-5250-002 Salaries & Wages 192.
10-5250-005 rICA Tax Expense 15.
10-5250-007 Retirement Expense 10.
10-8800-160 Contingency 217.
Trans./Procure. 10-5550-002 Salaries & Wages 816.
10-5550-005 rICA Tax Expense 63.
10-5550-007 Retirement Expense 41.
10-8800-160 Contingency 920.
Div. Soil & Water 10-6700-002 Salaries & Wages 228.
10-6700-005 FICA Tax Expense 17.
10-6700-007 Retirement Expense II.
10-8800-160 Contingency 256.
Planning 10-7200-002 Salaries & Wages 624.
10-7200-005 FICA Tax Expense 48.
10-7200-007 Retirement Expense 31.
10-8800-160 Contingency 703.
Indust. Dev. 10-7250-002 Salaries & Wages 210.
10-721:)0-005 FICA Tax Expense 16.
10-7250-007 Retirement Expense 11.
10-8800-160 Contingency 237.
Agri. Extension 10-7300-002 Salaries & Wages 298.
10-7300-005 FICA Tax Expense 10.
10-7300-007 Retirement Expense 15.
10-8800-160 Contingency 323.
Human Resources 10-7400-002 Salaries & Wages 252.
10-7400-005 FICA Tax Expense 19.
10-7400-007 Retirement Expense 13.
Revenue: 10-3480-060 Manpower Program 284.
Health Dept. 10-7600-002 Salaries & Wages 2,764.
10-7600-005 FICA Tax Expense 213.
10-7600-007 Retirement Expense 140.
10-8800-160 Contingency 3,137.
Social Services 10-7700-002 Salaries & Wages 3,856.
10-7700-005 FICA Tax Expense 295.
10-7700-007 Retirement Expense 194.
10-8800-160 Contingency 4,101.
Revenue: 10-3670-004 Hospital Refund 244.
Veteran's Service 10-7800-002 Salaries & Wages 282.
10-7800-005 FICA Tax Expense 22.
10-7800-007 Retirement Expense 15.
10-8800-160 Contingency 319.
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Library 10-8100-002 Salaries & Wages 498.
10-8100-005 FICA Tax Expense 38.
10-8100-007 Retirement Expense 25.
10-8800-160 Contingency 561.
Public Utilities 30-9100-002 salaries & Wages 266.
(Water) 30-9100-005 FICA Tax Expense 20.
30-9100-007 Retirement Expense 13.
Revenue: 30-3990-001 Unappro. Fd. Bal.-Water 299.
Public Utilities 30-9200-002 Salaries & Wages 428.
(Sewer) 30-9200-005 FICA Tax Expense 33.
30-9200-007 Retirement Expense 21.
Revenue: 30-3990-002 Unappro. Fd. Bal.-Sewer 482.
Public Utilities 30-9300-002 Salaries & Wages 141.
(So.Central 30-9300-005 FICA Tax Expense 10.
Operating) 30-9300-007 Retirement Expense 6.
Revenue: 30-3990-003 Unappro. Fd. Bal.-S.C. 157.
Public Utilities 30-9400-002 Salaries & Wages 43.
(West Central 30-9400-005 FICA Tax Expense 4.
Operating) 30-9400-007 Retirement Expense 2.
Revenue: 30-3990-004 Unappro. Fd. Bal.-W.C. 49.
Public Utilities 30-9500-002 Salaries & Wages 58.
(Northwest 30-9500-005 FICA Tax Expense 4.
Operating) 30-9500-007 Retirement Expense 2.
Revenue: 30-3990-005 Unappro. Fd. Bal.-N.W. 64.
Section 8 Exist. 80-9900-4110 Administrative Salaries 209.
Revenue: 80-3690-000 HUD 209.
Jack Bryan, Social Services Director, requested the following budget
amendment for Department of Social Services:
Code 10-7700-045 Contracted Services 45,000. increase
10-7700-075 Lease Payments 1,986. increase
Revenue: 10-3990-000 Fund Bal. Appropriated 46,986. increase
Commissioner Titchener requested to be excused from voting on this
matter because of financial interest involvement. Commissioner Shaw
made a motion that Commissioner Titchener be excused from voting on
the budget amendment for Social Services. Commissioner Hudson
seconded the motion and it passed with a unanimous vote.
Commissioner Shaw moved for approval of the budget amendment for
Social Services. Commissioner Hudson seconded the motion and it
passed with the following vote: Ayes: 4 Noes: 0 Abstained: 1.
Dallas H. Pope, County Manager, requested the following budget
amendment for Interfund Transfers (Welsh Sporting Goods):
Code 10-8701-1680 Building Renovation Fund 45,000. increase
Revenue: 10-3990-000 Fund Balance Appropriated 45,000. increase
Commissioner Hudson moved for the approval of the budget amendment.
Commissioner Hill seconded the motion and it passed with a unanimous
vote.
Dallas H. Pope, County Manager, requested the following budget
amendment for Bunnlevel/Riverside (Capital Projects):
Code 40-4100-001 Water & Sewer Improvement 1,321,477. decrease
40-4100-022 Acquisition 10,000. decrease
40-4100-023 Engineering Services 248,906. decrease
40-4100-080 Contingency 663,905. decrease
85-4150-000 Construction 1,657,548. increase
85-4150-010 Land & Right of Way 11,355. increase
85-4150-020 Legal & Administration 60,000. increase
85-4150-030 Engineering 264,000. increase
85-4150-061 Riverside Tap Fee 97,535. increase
85-4150-070 Interest During Construction 22,920. increase
85-4150-074 Equipment 41,675. increase
85-4150-080 Contingency 108,270. increase
Revenue:
40-3350-000 Miscellaneous Revenues 59,085. decrease
40-3480-000 Natural Resources &
Community Development 143,133. decrease
40-3480-001 State Clean Water Bond 50,746. decrease
40-3500-000 FmHA - Loan 191,000. decrease
40-3501-000 FmHA - Grant 371,000. decrease
40-3502-000 EPA Grant 1,388,338. decrease
40-3970-002 Harnett Co. Utility Deot. 40,986. decrease
85-3600-000 Cash Contributions 40,986. increase
85-3601-000 District Contributions 18,100. increase
85-3350-000 Wellons Contribution 60,000. increase
85-3502-000 EPA 1,388,338. increase
85-3480-001 Clean Water Bonds 50,746. increase
85-3500-000 FmHA - Loan 191,000. increase
85-3501-000 FmHA - Grant 371,000. increase
85-3480-000 CDBG 143,133. increase
Commissioner Shaw moved for the approval of the budget amendment.
Commissioner Hill seconded the motion and it passed with a unanimous
vote.
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Dallas H. Pope, County Manager, requested the following budget
amendment for Governing Body:
Code 10-4100-1110 Nutrition 1,419. increase
I Revenue: 10-3990-000 Fund Balance Appropriated 1,419.. increase
Commissioner Hill moved for the approval of the budget amendment.
Commissioner Shaw seconded the motion and it passed with a unanimous
vote.
C. T. Clayton, P.E. , Ragsdale Consultants, presented to the Board
layout alternatives for the proposed Anderson Creek Solid Waste
Facility.
Commissioner Hill made a motion that the Board go into executive
session with the County Attorney. Commissioner Shaw seconded the
motion and it passed with a unanimous vote.
Commissioner Hudson made a motion that the Board come out of executive
session. Commissioner Shaw seconded the motion and it passed with a
unanimous vote.
RESOLUTION RE: w. Glenn Johnson, County Attorney, presented for consideration a
SOLDIERS' & SAILORS' resolution regarding the Soldiers' and Sailors' Civil Relief Act.
RELIEF ACT Commissioner Titchener moved for the adoption of the resolution.
Commissioner Hill seconded the motion and it passed with a unanimous
vote. The resolution is copied in full at the end of these minutes as
Attachment No. 14.
Commissioner ~itchener made a motion that the Board support the City
of Dunn concerning the ongoing Thermetics court case in the amount of
$1,250. The motion died from lack of second.
ADJOURNMENT There being no further business, the Harnett County Board of
Commissioners Meeting, February 4, 1991, duly adjourned at 3:00 p.m.
~t1. A/J ~ -
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L oY)i ~tewart, Chairman I
~.~NJ~
Vanessa vv. Young,' tt'erk 0 the ~ard
KCLl-'t ,to Mcv~dlOAJ
Kay S. lanchard, Recording Secretary
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ATTACHMENT lA.
NORTH CAROLINA.
HARNETT COUNTY.
RESOLUTION
THAT WHEREAS, Rachel Korpu1inski began her service to Barnett County
with the Tax Supervisor's office more than nineteen years ago; and
WHEREAS. Rachel Korpu1inski started to work for the Harnett County
Tax Supervisor's office March 1. 1971; and
WHEREAS. Rachel Korpu1inski's conscientious dedication and devotion.
her excellency in the performance of her duties. and her willingness and
concern to help others. have won her numerous acclaims for her encouragement,
advise, and leadership; and
WHEREAS. on June 1. 1990. after nineteen years and three months of loyal
service, Rachel Korpu1inski retired from the Barnett County Tax Supervisor's
office.
NOW. THEREFORE, BE IT RESOLVED BY 'mE HARN.:.,u COUNTY BOARD OF COMMISSIONERS,
that Rachel Korpu1inski retired from her loyal and dedicated service to Harnett
County with great honor and distinction. That Rachel Korpu1inski be and she
is hereby commended on behalf of all the citizens of Harnett County for her
valuable and tmmeasurab1e service. That a copy of the resolution shall be given
to Rachel Korpu1inski, a copy spread upon the minutes of this Board, and a copy
provided to the media.
Duly adopted this 4th day of February. 1991.
HARNETT COUNTY BOARD OF COMMISSIONERS
~~ )1. ~~.~
. Ll~yd G. Stewart, Chairman
ATTEST:
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Vanessa W. Young, Clerk to tW~ Board
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ATTACHMENT lB.
NORTH CAROLINA,
HARNETT COUNTY.
RESOLUTION
THAT WHEREAS, Harold Wesley Lloyd began his service to Harnett County with
the Agricultural Extension Service ~enty-three years ago; and
WHEREAS, Harold Wesley Lloyd, born in Rich1ands, Onslow County, North
Carolina, began his tenure with the Agricultural Extension Service in Harnett
County on January 1, 1968; and
WHEREAS, Harold Wesley Lloyd's dedication, honesty, and commitment have
earned him the respect, admiration; and friendship of farmers and citizens
throughout the county. Bis knowledge and expertise in agriculture have played
an important role in the farming economy of the county, and his communicative
skills in these areas have helped to handle many crisis situations in the
farming environment. He has the Agricultural Extension Service and its
educational programs at heart, and has on many occasions gone beyond the call
of duty to ensure its success. He is indeed a true fr~end of the farmers in
Harnett County and is genuinely concerned about Harnett County's farming
industry; and
WHEREAS, Harold Wesley Lloyd is a devoted family man and his concern for
his fellowman is evident in his involvement in community, civic, and church
affairs; and
WHEREAS, on December 31, 1990, after twenty-three years of loyal and dedicated
service, Harold Wesley Lloyd has retired from the Agricultural Extension Service.
NOW, THEREFORE, BE IT RESOLVED BY TIlE HARNJ:.u COUNTY BOARD OF COMMISSIONERS,
that Harold Wesley Lloyd has retired from his loyal and dedicated service to
Harnett County with great respect, honor, and distinction. That Harold Wesley
Lloyd be and he is hereby commended on behalf of all farmers and citizens of
Harnett County for his valuable and immeasurable service. That a copy of this
resolution shall be given to ~arold Wesley Lloyd, a copy spread upon the minutes
of this Board, and a copy provided to the media.
Duly adopted this 4th day of February, 1991.
HARNETT COUNTY BOARD OF COMMISSIONERS
:~ JJ .4J>>o.J
L1 yd G. Stewart, Chairman
ATTEST:
IL' _/
," I"~. ._u......",' 1
Vanessa \L Young. Cle,:,k to ,the Board
- - --
- - - ---
128
ATTACHMENT 2.
,.".....'"
Resolution No: ------------
BE IT RESOLVED:
That the Southwest Water and Sewer District of Harnett
County accepts the conditions set forth in amended Letters
of Conditions dated December 31, 1990 and January 30, 1991,
and Form FmHA 1942-47, Loan Resolution:
That the District approves as shown on Form FmHA 442-7,
Operating Budget; the proposed budget:
That the Chairman and Clerk be authorized to execute all
forms necessary to obt2in a loan from FmHA, including, but
not Ii mi ted to the fol lowing forms:
Form FmHA 1942-47 Loan Resolution
Form FmHA 1942-46 Letter of Intent
Form FmHA 442-7 Operating Budget
Form FmHA 400-4 Assurance Agreement
Form FmHA 400-1 Equal Opportunity Agreement
Form FmHA 1940-1 Request For Obi igation of Funds
Form FmHA 1910-11 Appl icant Certification Federal
Col tection Policies
Form AD-1047 Certification Regarding
Debarment....
Form AD-1048 Certification regarding a
Drug-Free Workplace..
Fsorm FmHA 1940-31 Grant Agreement
That if the interest rate charged by FmHA should be changed
between this date and the date of actual loan approval, the
Chairman and Clerk be authorized to execute new forms
reflecting the current interest rate and revise payments as
required by FmHA:
That the District elects to have the interest rate charged
by FmHA to be the lower of the rate in effect at either the
time of loan approval or loan closing:
The proposed rate schedule for Water use in as follows:
Minimum $11.00 for 2000 gal Ions
plus $ 2.50/1000 gal Ions for a II over 2000 gal Ions
This resolution to become a part of the official minutes of
the Board meeting held on February 4, 1991.
Motion made by . COMmissioner Hudson .
seconded by . Commissioner Hill .
to adopt the resolution. Motion passed . 5 . to . 0 .
.--
"-eLl-VUe ~ ~
--' '-1 . I BY: ~.)1 :-
ATTEST: :j ~"- ','l.
C I e r ~) U ~ ! Chal rman
-. -.-.--
!?9
I I:-
,. ,r"__
Position 5
USDA-FmHA FORM APPROVED
Form FmHA 194247 OMB NO. 0575-0015
(Rev. 1-90) LOAN RESOLUTION
(Public Bodies)
A RESOLUTION OF THE RnATrl nf rnmmi~~irnpT~
OF THE c: nil t hti.e,.<; t 1.11'1 t P't....a.tlrl c;: P'''P T n i !': t T i r. t n f H A Tn'" t t r ",lIn tv
AUTHORIZING AND PROVIDING FOR THE INCURRENCE OF INDEBTEDNESS FOR THE PURPOSE OF PROVIDING A
PORTION OF THE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND/OR EXTENDING ITS
IJAtPT li'At'ilitv
FACILITY TO SERVE AN AREA LA WFULL Y WITHIN ITS JURISDICTION TO SERVE.
WHEREAS, it is necessary for the ~nllthwa"'t t.z..ta..~. C:-e.w,a.. niJ::tTirt nf J.I....natt rQII"ty
(Public Body)
(herein after called Association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal amount of
$3.094.000.00 (Tuiti",l T,oan of S2,619rOOO Antf c:..".:i,an....".. T-al'ln "f $U7"i,OOO)
pursuant to the provisions of Tnt'Al nnv~Tnmpnt Rnnrl Ar.t (~C: 119-u' ll't ~Pq\ ; and
WHEREAS, the Association intends to obtain assistance from the Farmers Home Administration, United States Department of Agri-
culture, (herein called the Government) acting under the provisions of the Consolidated Farm and Rural Development Act (7 U.S.C.
1921 et seq.) in the planning, fmancing, and supervision of such undertaking and the purchasing of bonds lawfully issued, in the event
that no other acceptable purchaser for such bonds is found by the Association:
NOW THEREFORE- in consideration of the premises the Association hereby resolves:
1. To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds containing such
items and in such forms as are required by State statutes and as are agreeable and acceptable to the Government.
2. To refmance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at any time
it shall appear to the Government that the Association is able to refinance its bonds by obtaining a loan for such purposes
from responsible cooperative or private sources at reasonable rates and terms for loans for similar purposes and periods
of time as required by section 333(c) of said Consolidated Farm and Rural Development Act (7 U.S.C. 1983(c)).
3. To provide for, execute, and comply with Form FmHA 4004, "Assurance Agreement," and Form FmHA 400-1, "Equal
Opportunity Agreement," including an "Equal Opportunity Clause," which clause is to be incorporated in, or attached
as a rider to, each construction contract and subcontract involving in excess of SI0,000.
4. To indemnify the Government for any payments made or losses suffered by the Government on behalf of the Association.
Such indemnification shall be payable from the same source of funds pledged to pay the bonds or any other legal per-
missible source.
5. That upon default in the payments of any, principal and accrued interest on the bonds or in the performance of any cov-
enant or agreement contained herein or in the instruments incident to making or insuring the loan, the Governnment at
its option may (a) declare the entire principal amount then outstanding and accrued interest immediately due and pay-
able, (b) for the account of the Association (payable from the source of funds pledged to pay the bonds or any other
legally permissible source), incur and pay reasonable expenses for repair, maintenance, and operation of the facility and
such other reasonable expenses as may be necessary to cure the cause of default, and/or (c) take possession of the facility,
repair, maintain, and operate or rent it. Default under the provisions of this resolution or any instrument incident to the
making or insuring of the loan may be construed by the Government to constitute default under any other instrument
held by the Government and executed or assumed by the Association, and default under any such instrument may be
construed by the Government to constitute default hereunder.
6. Not to sell, transfer, lease, or otherwise encumber the facUity or any portion thereof, or interest therem, or permit others
to do so without thl'! orior written consent of the Government.
7. Not to defease. the bonds, or to borrow money, enter into any contract or agreement, or otherwise incur any liabilities
for any purpose in connection with the facility (exclusive of normal maintenance) without the prior written consent of the
Government if such undertaking would involve the source of funds pledged to pay the bonds.
8. To place the proceeds of the bonds on deposit in an account and in a manner approved by the Government. Funds may be
deposited in institutions insured by the State or Federal Government or invested in readily marketable securities backed
by the full faith and credit of the United States. Any income from these accounts will be considered as revenues of the
system.
9. To comply with all applicable State and Federal laws and regulations and to continually operate and maintain the facility
in good condition.
10. To provide for the receipt of adequate revenues to meet the requirements of debt service, operation and maintenance. and
the establishment of adequate reserves. Revenue accumulated over and above that needed to pay operating and mainte-
nance, debt service and reserves may only be retained or used to make prepayments on the loan. Revenue cannot be used
to pay any expenses which are not directly incurred for the facility financed by FmHA. No free service or use of the
facility will be permitted.
11. To acquire and maintain such insurance and fidelity bond covera~e as may be required bv the Government.
12. To establish and maintain such books and records relating to the operation of the facility and its financial affairs and to
provide for required audit thereof as required by the Government, to provide the Government a copy of each such audit
- without its request, and to forward to the Government such additional information and reports as it may from time to
time require.
13. To provide the Government at all reasonable times access to all books and records relating to the facility and access to
the property of the system so that the Government may ascertain that the Association is complying with the provisions
hereof and of the instruments incident to the making or insuring of the loan.
14. That if the Government requires that a reserve account be established and maintained, disbur~emen~s from ~hat acco~nt
may be used when necessary for payments due on the bond if sufficient funds are not otherwise available. With the pnor
written approval of the Government, funds may be withdrawn for:
(a) Paying the cost of repairing or replacing any damage to the facility caused by catastrophe.
(b) Repairing or replacing short.lived assets.
(c) Making extensions or improvements to the facility.
Any time funds are disbursed from the reserve account. additional deposits will be required until the reserve account has
reached the required funded level. .
15. To provide adequate service to all persons within the service area who can feasibly and l~gally be se~ed and. to obt~m
FmHA's concurrence prior to refusing new or adequate services to such persons. Upon fallure to prOVide services which
are feasible and legal, such person shall have a direct right of action against the Association or public body.
16. To comply with the'measures identified in the Government's environmental impact analysis for this/acility for the pur-
pose of avoiding or reducing the adverse environmental impacts of the facUity's construction or operation.
- - - ---
130
17. To accept a grant in an amount not to exceed $ 1 216,000.00 (TnitiAl r.rant of $1.141.000 . ~~quent
Grant of $75,000.00)
under the terms offered by the Government; that the ...c.h.f i r~n...n
and rlprk of the Association are hereby authorized and empowered to take all action necessary
or appropriate in the execution of all written instruments as may be required in regard to or as evidence of such grant; and
to operate the facility under the terms offered in said grant agreement(s).
The provisions hereof and the provisions of all instruments incident to the making or the insuring of the loan, unless otherwise
specifically provided by the terms of such instrument, shall be binding upon the Association as long as the bonds are held or
insured by the Government or assignee. The provisions of sections 6 through 17 hereof may be provided for in more specific
detail in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance
should be found to be inconsistent with the provisions hereof, these provisions shall be construed as controlling between the
Association and the Government or assignee
The vote was: Yeas 5 Nays 0 Absent 0
IN WITNESS WHEREOF, the R~~ nf r~;~~i~npr~ , of the
~ollt.hwp!';t lJ.a..tpr ~ ~P""PT" n-l "'.....-1 ",to nf' U';''''~~'''' C,Q,"-"r has duly adopted this resolution and caused it
to be executed by the officers below in duplicate on this 4th day of Fphrlll'lry , 19 S1...
~9~t,~w~~~ ~~t~r ~ ~~~;~tT-Irt
(SEAL) By ~)J 1fuvnJ'
v ) f .
Atr' Title ~irlJ1::1n
-'1'M~"""'" '-I J ''-( / 64.<.' ^y
Titl/" Clerk
, . r
.3.
CERTIFICATION TO BE EXECUTED AT LOAN CLOSING
1, the undersigned, as r.l P rk of the Southwest Watpr ~ ~PW..e.T OiAtrir.t
hereby certify that the Board of <;ommi~~io~!'l of such Association is composed of
members, of whom , constituting a quorum, were present at a meeting thereof duly called and
held on the 4th day of FebruRrv , 19 ..2.1.; and that the foregoing resolution was adopted at such meeting
by the vote shown above. I further certify that as of ,
the date of closing of the loan from the Farmers Home Administration, said resolution remains in effect and has not been rescinded or
amended in any way.
Dated, this day of ,19_.
Title
..U,S,GPO:1990.0.717.014122842
I
-- --- -
1 3 1
"""'_...., . . ..1... . Revi sed 'i/4/9i ............- -. ~ ~
Form FmHA 442.7
1 (Rev. 8.12.76) OPE RA TlNG / ~Y~GET
Revised 1 8 1
N:\nlC Aild rr.'s
SOUTI-lWEST W^T~R AND SE'vJl~R D I STlneT I PO BOX 759. LILLINGTON
Applicant Fiscal Year County I State (Including ZIP Code)
From 7-1 To 6-30 KAN,t:.u Mil\lr1 CAROLINA 2n46
I 19 "U-~J1 19 n-cn 19 19 Fint Full Year
OPERATING INCCME (1) (2) (3) (4 ) (5)
1. Water Sales 268 200 i 400 308
~. I
3. I
4. I I I I
S. Miscellancous I ] I I I
6. LI:SS: Ail"w;l1lcr~ ~t1d I )It ) I( ) I( )
Ik,luctiot1,
7. Total ()Jleratill~ Income I 268 200 I 400'\QR
(Add Lines It rough 6)
OPERATING E.XPENSES
8. 5allirif's/Travcl 25 000 'Ii oon
9. Insurance/ Audi t I I 6 000 I I I 6 000
to.Office Expenses I 6 000 I 6 000
11.Utilltias/Transportation I 9 000 I 13 000
12.Maint and Repair I 6 700 I I I 9 000
I J ,Chem $upp ties/fH sc 4 700 I I I 5 800
14.Bu1k Water Purchase 8j 086 I I I 127 000
15. Intercst (FmHA) 125 132 I I Ui..fl40
t6. Depreciation 57 000 I RIi 111\
17. Total Operatinr, Expense I I .124 nJ F' I I I~C;
(Add Llnrs fl t HOIIP.h 1 (\) I
! I .-'
18. NET ()I'F,R^TI~(; INC()'i1 I I
(LOSS\ {Lin, 7 less 17' ': 56 418 > { f.? ?"7 >
.
NONOPERATING INCOME
19.
20. I I I
21. Tot.11 N()nl)~'cratjn!! lI1cl)mc I I I ,
(Add 1 C) anc. 20\
22. NET INCmvlE (LO.sS~
(Add Lines 18 and 21 < 56 418 > ( 62 257 >
(transfer to line ^ Schedule
11
I
Bud!,rnd P,.j."'d,~;h !'~'V ....d by Go...nlna Body _ _
At"" ./<.",,-.~<- ,.1 ~ J; "'tt:.... tl t/- '11
, ~ DtI"
i /f4 · - AJ;-~ ..2 -<I . </I
. / Approprl4t,Officltll DtlII
.1
13'""
i t..
Sched ule 2
PHOJECTFD CAS!-I FLOW
1 \I ')(;-91 Fiw
1\1 91-92 J ~I J<) Full Yt:ar
A. Line 22 from Schedule 1 Income (loss) <56 418> <62 257>
Add
B. Items in Operation. not Re~ ulrinll Cash:
1. Depreciation (lirte 16 Schedule 1) 57 000 85 125
2. Others' -" -
C. Cash Provided From:
1. Proceeds from FmHA loan/grant 4 3101000
2. Proceeds Crom others
3. Increase (Decrease) In Accounts Payable, Accruals
and other Current Liabilities
4. Decrease (Increase) In Accounts ReC'ei~able, Il1vent{)ri~s
and Other Current Alsets r Exrludc (:.,511) - ..-.-.......--
S. Other: App . Contribution 90 000
= Sale of BAN 3 094 000 ---"."'-
6.
D. Total all A. Band C Items 3 192 000 4 310 582 22 868
E. !:!!!: Cash Expended for:
1. All Construction, Equipment and New Capitallrcms 2 204 000 2 204 000
(loan and Grallt funds)
2. Rep~cement and Additions to Existing Property,
Plant and Equipment
3. Principal Payment FmHA Loan 22 772
4. Principal Pl~ment ~her Loans 3 094 000
5. Other: pay B
Tzu" 000 5 298 000 ." -
6. Total E 1 through 5 22 772
- -- . - . -
~
F. Beginning Cash Balances 0 988 000
G. Ending Cash Balances (Total of D Minus E 6 Plus F) s 998 000 S 582 L S , 96
-
Ir~m G Cash Balances Composed of:
Construction Accoullt :; 9lJ~ 000 L- , .L_____._ _~
~..-...~. . ..r......_
Revenue Account
Debt Payment Account _.-
O&M Account 582 .96
Reserve Account
Funded Depreciation Account
Others' -,
--,
Total . Agrees with Item G S 99R OO~ S ~el s s .S '0A-
f I,
. ,. '.. ~ ~""", IJ ......, ,....".. .
. , ",
1
133
Position 3 r_lV-..
USDA-FmHA
Form FmHA 400.4-
(Rev. 8.29.79) ASSURANCE AGREEMENT
(Under Title VI, Ci~ Rights Act of 1964)
The SQUTH_\o{EST WATER AND SEW~&.J2.lSIRlCl_j)LHARt:lE.II-.c!lllN'1'V ------------..--------------...------...--..- ,
(name of recipient)
P. O. BOX 759. ~ILLI~GTON. NC ~129fi -..---..------..--........-----------.------. ------....-..-.----- ,
(address)
("Recipient" herein) hereby assures the U. S. Department of Agriculture that Recipient is in compliance with and will
continue to comply with Title VI of the Civil Rights Act of 1964 (42 USC 2000d et. seq.), 7 CFR Part 15, and Farmers
Home Administration regulations plomulgated thereunder, 7 C.F.R. 11901.202. In accordance with that Act and the
regulations referred to above, Recipient agrees that in connection with any program or activity for which Recipient receives
Federal financial assistance (as such term is defined in 7 C.F.R. 114.2) no person in the United States shall, on the ground of
race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to
discrimination.
I. Recipient agrees that any transfer of any aided facility, other than personal property, by sale, lease or other
conveyance or-contract, shall be, and shan be made expressly, subject to the obligations of this agreement and
transferee's assumption thereof.
2. Recipient shall:
(a) Keep such records and submit to the Government such timely, complete, and accurate information as the
Government may determine to be necessary to ascertain our/my compliance with this agreement and the regulations.
(b) Permit access by authorized employees of the Farmers Home Administration or the U.S. Department of
Agriculture during normal business hours to such books, records, accounts and other sources of information and its
facilities as may be pertinent to ascertaining such compliance.
(c) Make available to users, participants, beneficiaries and other interested persons such information regarding the
provisions of this agreement and the regulations, and in such manner as the Farmers Home Administration or the
U.S. Department of Agriculture fmds necessary to inform such persons of the protection assured them against
discrimination.
3. The obligations of this agreement shall continue:
(a) As to any real property, including any structure, acquired or improved with the aid of the Fede,al financial
assistance, so long as such real property is used for the purpose for which the Federal financial assistance is made
or for another purpose which affords similar services or benefits, or for as long as the Recipient retains ownership or
possession of the property, whichever i: longer.
(b) As to any personal property acquired or improved with the aid of the Federal fmancial assistance, so long as
Recipient retains ownership or possession of the property.
(c) As to any other aided facUity or activity, until the last advance of funds under the loan or grant has been made.
4. Upon any breach or violation of this agreement the Government may, at its option:
(a) Terminate or refuse to render or continue financial assistance for the aid of the property, facility, project,
service or activity.
(b) Enforce this agreement by suit for specific performance or by any other available remedy under the laws of
the United States or the State in which the breach or violation occurs.
Rights and remedies provided for under this agreement shall be cumulative.
In witness whereof. .~.Q.!l.!.HWE S !_\!~!.~~__~~~..1f:;~.~.Jn.~J..BJ~I_9J.:...tlA~tU;1.'LJ;.9J!Jitx.._..___u........__.. on this
(nome o( recipient}
date has caused this agreement to be executed by its duly authorized officers and its seal affixed hereto. or. if a natural
person. has hereunto executed this agreement.
SOUTHWEST WATER AND SEWER DISTRICT
-.-........-.........-...................-..---....-........ . ..........irecfj1le;ii.
(S E A L) FEBRUARY 4, 1991
L 'tJ (/ .-.-.-.--.-..............---.--...-...-......-.....- -.-......-....6i;e-.
CHAIRMAN
Attest: ..~.-..--.:.....-... '~fI -----..-..-.......-.jj~..--....-....--tTiie...
I ~~--. --. . -- .. .. ...-.------If;apie..i"
'"
'i-?J'~
FORM APPROVED
UNITED STATES DEPARTMENT OF AGRICULTURE OMS No. OS7S.o018
Fonn FmHA 400.1 APPROVAL EXPIRES 4/84
(Rev. 7-1 ~3) FARMERS HOME ADMINISTRATION
EQUAL OPPORTUNITY AGREEMENT
Thi s agreement, dated .__..E.e.hx.uar.)l...H.~...~q9.1._.._.._.._......_........_...._.._...._...._.._......_.._.........._.............._............. bet ween
.1 ._.~O.UIH.'tlEJiI_.WAl'.EIL.AND...S.E~t;.R...D.IS.IRICI...Oj'...RA.RNt;.tl'...~O.uNI.Y.._. .
(he~ein called "Recipient" whether one or more) and the Farmers Home Ad~i~i.~t;~ti~~:-.u~it.~.d.-S~t~;...D.~;~rt;;;~~t..~f.
Agrl~lture, pursu~nt to the rules and regulations of the Secretary of Labor (herein called the 'Secretary') issued under th
autbonty of Executive Order t 1246, as amended, witnesseth: e
In consideration of financial assistance ~w~ethe~ by a loan, grant, loan guaranty, or other form of financial assistance)
made or to be made by t~e. Farmers Home Ad~lntstratlon to Recipient, Recipient hereby agrees, if the cash cost of construction
work performed by Reclpl~nt or a construction contract financed with such financial assistance exceeds $10,OOO--W1less
exempted by rules, regulations or orders of the Secretary of Labor issued persuant to Section 204 of Executive Order 11246 of
September 24, 1965.
1. To incorporate or cause to be incorporated into any contract for construction work or modification thereof subject
to the ~levan~ rules, ~egulatlo~s, and orders of the Secretary or of any prior authority that remain in effect, which is aid
for in who!e or In part wllh the aid of such financial assistance, the following "Equal Opportunity Clause": P
Dunng the performance of this contract, the contractor agrees as follows:
(a) The contractor will not discriminate against any empfoyee or applicant for employment because of race color
religion, sex or national origin. The contractor wUl tdee affirmative action to ensure that applicants are em'ployel
and. that employees are t!eated during emplo.yment, without regard to their race, color, religion, sex or nationai
orig1~. Such action ~halllDclude, .b~t not be hmited, to the following: employment, upgrading, demotion or transfer;
r~rul~ment .>r r~~ultment a~verbslOg; layoff or termination; rates of payor other forms of compensation; and
se echon for tralnlDg, .includlng apprenticeship. The contractor agrees to post in conspicuous places, available
;0 employees and apphcants for employment, notices to be provided by the Farmers Home Administration setting
orth the provisions of this nondiscrimination claus~.
134
(b) Tbe contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race, color, religion,
sex or national origin.
(c) The contractor will send to each labor union or representative of workers with whicb he bas a collective bargaining
agreement or otber contract or understanding, a notice, to be provided by the Farmers Home Administration,
advising tbe said labor union or workers' representative of the contractor's commitments under this agreement as
required pursuant to section 202(3)- of Executive Order 11246 of September 24, 1965, and sball post copies of tbe
notice in conspicuous places available to employees and applicants for employment.
(d) Tbe contractor will comply witb all provisions of Executive Order 11246 of September 24, 1965, and of all rules,
regulations and relevant orders of tbe Secretary of Labor and of any prior autbority wbicb remain in effect.
(e) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,
rules, regulations, and orders, or pursuant tbereto, and will permit access to his books, records, and accounts by tbe
Farmers Home Administration, Office of Equal Opportunity, U. S. Department of Agriculture, and tbe Secretary of
Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(0 In tbe event of tbe contractor's noncompliance with tbe Equal Opportunity (Federally Assisted Construction) clause
or witb any of tbe said rules, regUlations, or orders, this contract may be cancelled, terminated, or suspended in
whole or in part and the contractor may be declared ineligible for furtber Government Contracts or Federally Assisted
construction contracts in accordance witb procedures autborized in Executive Order No. 11246 of September 24, 1965,
and such otber sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of
September 24, 1965, or by rule, regulation or order of the Secretary of Labor, or as provided by Law.
(g) The contractor will include the provisions of tbis Equal Opportunity (Federally Assisted Construction) clause io
every subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary of Labor
issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so tbat sucb provisions will
be binding upon each such subcontractor or vendor. The contractor will take sucb action witb respect to any
subcontract or purcbase order as tbe Farmers Home Administration may direct as a means of enforcing such
provisions, including sanctions for noncompliance: ProvidP.d, however, that in the event the contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the
Farmers Home Administration, tbe contractor may request the United States to enter into such litigation to protect
tbe interest of the United States.
Position 6 FmHA 400-1 (Rev. 7-19-83)
:D~ ...se.:r-
U~DA.FmHA
Form FmHA 1940-1 REQUEST FOR OBLIGATION OF FUNDS
(Rev. 9-88)
'i',JI,l~I~~~[=!()l:,:"'i;r;!:'i:~";:~,','.';"""'.:.,............. ..,....'4:=~~~I!~~ 1:7 c;:~~~: ~T:' ~:: c'r. f.:f:..~=\,~,.........J..... ')"'.:'.:',i:'j:.;":)l~~i~;;'!,;'i~""':'.::;!~.~:f','
1. CASE NO. LOA.NNO. . ,,: . ,;(t. . fiSCAl. YIAI. ..r::,i :,( "}, ,;~ ~h
St Co Borrower', ID)i , .:. .,:~{';l~ii. .~i1~" ,; /;l~V:t ::tJ1;&'~~I>f",~t~"
,31 B I 0 I 41 3/ 0 I 5 I 61 11 6_.1..4.1.1-' B I 9 I 0 I 3:.... ,.in...... OI'N:l o.,*J;*'~'''''Wt;'::'.~#.::I''~rt ..~, , ,~<
2. BORROWER NAME . 3. NO. NAME FIE LDS ,"," ,,. " " ,. ;
~I O. 111 TI HI WI EI SI TI IWIAITIEIRI IA,N'DI 111 31 (1.2, or:l from Item 2)
4. STATE NAME
I ~I Vol "'I F.I RI I DI 11 51 TI Rill CI TI 101 FI I I (21 NIOIRITIHI ,CIAIRIOILIIINIAI I
6. COUNTY NAME
, MiI~i~~.:ii':li~iii1:':'~'':F~!~.~0{0;''~~~ERAL e'Q.~R:EA7f5~k Rt8~~,ll~I~i..l::i;;;:!:}r:.~:({ '...-...l':~iJ\../t/J}/' :'. ,:,.t,?'>
8. RACE/ETHNIC CLASSIFICA TION 7. SEX CODE , - Mele ",,,,,,,., "4 ';"Orgenlutlon.Mele Ownedu
2 - Femlle 6 - Orglnlzltlon . Femlle Owned
I I , - White 2 - Bleck 3 - AI/AN 4 - Hispanic IS" A/PI 61 3 - Flmlly Unit 6 - Public Body
8. MARITAL STATUS 9. VETERAN CODE 10. CREDIT REPORT 11. DIRECT PAVMENT
, - Mlrrled 3 .. Unmarried ' .. County Offici 3" No
I 2 - Separated I , - Ves 2.. No zl,-ves 2-No 31 2 .. F Inlnce Office
12. TYPE OF PA VMENT 13. FEE INSPECTION 14. INTEREST CREDIT 16. COMMUNITY SIZE
1 .. Monthly 3 ... Semllnnuel I ' - Ves , .. '0,000 or Ie.. (SFH.. MFH
2 - Annulllly 4" Querterly 21 , - Vel 2. No I 2 ~ No (SFH.. MFH On')') t 2 - Oller 10.000 Onl)')
COMPLETE POR OBLiGATION OF FONDS
16. TYPE OF ASSISTANCE 17. PURPOSE CODE 18. TVPE OF FUNDS
Ol f\l 11 t 1 21 (See FMI)
19. PERCENT OF LOAN 19A. TERM OF INTEREST 20. TYPE OF ACTION
GUARANTEED RATE BUVDOWN , - Obllgetlon Only
I (Complete If Item 18 I (See. FAIl) I 2 - Obligation/Check ReQuert
I equal. '. 3. 4, at 51 1 1 3 - Correction of Obllgetlon
21. TVPE OF SUBMISSION 22. AMOUNT OF LOAN 23. AMOUNT OF GRANT
1 - I nltlel (Enter Code :1 If ."b.equent loan "..oclated S S
21 2'" Subsequent with Credit Soh! or Allumptlon) .~I QLO.O&.L~I Q!O_otQL
- 24. AMOUNT OF IMMEDIATE i 25. DAT~ U~ A~~AOiiAi.. 26. NTERES RATE 27. REPAYM NT TERMS
S ADVANCE MO OA VR
}~IJ t, ,O.OIO} I 1- J ,-l- I I 1 ~ I I'" lAJJll (No. of Yeara)
;:;:}!iU:)F}(j\jt:)Hn~jC>L ,:;,:::i:\ <!~ ,~::,:,:,,". ,,' COMPLETE FOR SINGLE .FAMIL Y HOUSING ONLY'> > ........ I
28. INCOME CATEGORV CODES 29. LOW INCOME LIMIT-MAX. - 30. ADJUSTED FAMILY
, · Verv Low 3 . ModClrete $ S INCOME
1 2" Low 4 '" AbOlle Moder.t. It' , .0,01 'I t I \ 0.010 I
31. R. E. INSURANCE 32. R. E. TAXES. 1It YEAR 33. . E. TAXES. 2nd YEAR 34. NOTE INSTALLMENT
. S S S . INELIGIBLE
, l , . 01 0 I l I , .OIOl . t I , .0,01 ,~ , I .0,01
3 . TVPE OF UNIT 36. DWELLING CODE
, - F.rm Tr.ct , - Build 3 - Purche.e Old II - Repelr 7 .. Reflnenc.flep.fr
12- Non.F.rmTr.ct ...' J2'" PlJrc"a.a New.'. 4. Fl.fln.nce 6. Purchese Dld-Flepe'r
t%@1@;mi;i[iVilit~~~LlTe FOR'COMMUNITY PROGRAM ANDCERTAfN MULTIPLa~fAMtt;Y8OU1INGLOANI:;f'\;",H;?:@'
I 37. TYPE OF APPLICANT - , " 38. PROF'T'YVPE
1 .. Indlllldual 3 - Corporation 5'" Alln. of Ferme,. 7 - Other
~ 2 -Pertnershlp 4 - Public Bodv 6: Organ. ot Ferm Worker. , I 1 - Full Profit 2 - Limited Profit 3 - Non.Proflt
v::'d\:i:;"CQMPLETE FOR&M LOANS ONL Y COMPl,ETE FOR CREDIT SALE/ASSUMPTIONS ONLY
31. DISASTER DESIGNATION NUMBER 40. TVPE OF SALE
1 - Credit Sele Only 3 - Credit Sel./Subsequent LOlln
I I I I (See FMI) I 2 - A..umPtlon Only 4'" Assumption/Subsequent Lo.n
J
---.ORIGINAL... Uorrcwe(. (;llI8 Folder Position 2 FmHA '940-' (flev.9-88)
1 -, 5
;.)
CERTIFICATION APPROVAL
41. COMMENTS AND REQUIREMENTS OF CERTIFYING OFFICIAL
Approval of Financial Assistance is subject to the requirements of Letter
of Conditions dated January 31, 1990, Amended letters dated December 31,
1990 and January 30, 1991; FmHA Instructions; Form FmHA-NC 442-13,
Processing Checklist, Loan Closing Instructions issued by the Office of the
General Counsel; and the avialability of loan funds.
42. I HEREBY CERTIFY that I am unable to obtain sufficient credit elsewhere to finance my actual needs at reasonable
rates and terms, taking into consideration prevailing private and cooperative rates and terms in or near my community
for loans for similar purposes and periods of time. I agrec to use, subject to and In accordance with regulations appli-
cable to the type of assistance indicated above, and request payment of the sum specified herein. I agree to report to
FmHA any material adverse changes, financial or otherwise. that occur prior to loan closing. I certify that no part of
said sum has been received. 1 have reviewed the loan approval requirements and comments associated with this loan
request and agree to comply with these provisions.
(For SFH & FP loans at eligible terms only) If this loan is approved, I elect the interest rate to be charged on my FmHA
loan to be the lower of the interest rate in effect at the time of loan approval or loan closing. If I check "NO", the
interest rate charged on my loan will be the rate specified in Item 26 of this form. YES NO
WARNING: Section 1001 of Title 18. United States Code provides: "Whoever, In any matter within thelurlsdlctlon of any
department or ilgeney of the United States knoWingly and willfully flIlslfles. conceals or coVert up... a material
fact or mikes any fllse, fictitious or fraudulent statements or representations, or makes or uses any felse writing
or document knowing the same to contain any false, fictitious or frludulent statement or entry, shill be fined
not more thin $10,000 or Imprisoned not more thin & y..n, or both:'
Dat~ Februarv 4 19 91 Southwest Water & Sewer District
~ (Signa"", of App....tJ
Date Febr~a,.., 4 .19 91 BY: ,h " r.~ '---
ATTEST, ~ "tlJ. ~ C a man ~a,.",.f,co.APP/i".')
43. I HEREBY CERTIFY C ~h~~all of the committee and admini~trative determinations and certifications required by
Farmers Home Administration regulations prerequisite to providing assistance of the type indicated above have been
made and that evidence thereof is in the docket, and that all requirements of pertinent regulations have been complied
with. I hereby approve the above.descrlbed assistance in the amount set forth above, and by this document, subject to
the availability of funds, the Government agrees to advance such amount to the applicant for the purposes of and
subject to conditions prescribed by Farmers Home Administration regulations appUcable to this type of assistance,
I (Signature of Appro~ing Offici41)
Date Approved' Title:
44. TO THE APPLICANT: As of this datI' , this Is notice that your application for the above
financial assistance from the Farmers Home Administration has been approved, as Indicated above, subject to avail-
ability of funds and other conditions required by the Farmers Home Administration. If you have any questions contact
the County Supervisor.
USDA-FmHA Position 3 FORM APPROVED
Form FmHA 1910-11 OMB NO. 0575-0127
(Rev. 9-89) APPLICANT CERTIFICATION
FEDERAL COLLECTION POLICIES FOR CONSUMER.OR COMMERCIAL DEBTS
The Federal Government is authorized by law to take any or all of the following actions in the event your loan payments become delinquent
or you default on your loan:
Report your name and account information to a credit reporting agency.
Assess interest and penalty charges for the period of time that payment is not made. .
Assess charges to cover additional administrative costs incurred by the government to service your account.
Offset amounts to be paid to you under other Federal Programs.
Refer your account to a private collection agency to collect the amount due.
Foreclosure on any security you have given for the loan.
Pursue legal action to collect through the courts.
R.O' .' ~ any written off debt to the Internal Revenue Service as taxable income.
If you are a current or retired Federal employee, take action to offset your salary, or civil service retirement benefits.
Debar or suspend you from doing business with the Federal Government either as a participant or principal throughout the
executive branch of the Federal Government for the period of debarment or suspension.
Any or all of these actions may be used to recover any debts owed when it is determined to be in the interest of the Government to do so.
-
~~
136
CERTIFICATION: I/we have read and I/we understand the actions the Federal Government may take in the event that I/we fail to meet
my/our scheduled payments in accordance with the terms and conditions of my/our agreement. I/we understand that the above list is not all
inclusive and that the Federal Government may deem additional actions necessary to coUect should I/we become delinquent.
(Signature- /ndividuo/(s)) (Date) (Signature- /ndividuQ/(s)) (Date)
-------------------------------------------------------------------
February 4, 1991
SOUTHWEST WATER AND ~EWER DISTRTr.T
(SEAL) (Name or Applicant) A
-1I#.o!iLL~/-
CHAIRMAN
;r:~T: (Title or Authorized Entity Official)
~ fl /\/tL.L<li~ '1l) " 'y 1\ Llt-","(, P.O. BOX 759
(Signature or AtteSting&fIicial) 6 (Address)
CLERK LILLINGTON, NC 27546
mtle of Attesting Official) (City, State, and Zip Code)
U.S. DEPARTMENT OF AGRICULTURE
Certification Regarding Debarment, Suspension, and Other
Responsibility Matters - Primary Covered Transactions
This certification is required by the regulations implementing Executive Order 12549,
Debarment and Suspension, 7 CFR Part 3017, Section 3017.510, Participants' responsibilities.
The regulations were published as Part IV of the January 30, 1989, Federal Reoister (pages
4722-4733) . Copies of the regulations may be obtained by contacting the Department of
Agriculture agency offering the proposed covered transaction.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
(1) The prospective primary participant certifies to the best of its knowledge and belief,
that it and its principals:
(a) are not presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from covered transactions by any Federal
department or agency:
(b) have not within a three.year per"lod preceding this proposal been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
(c) are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State or local) with commission of any of the
offenses enumerated In paragraph (1)(b) of this certification: and
(d) have not within a three-year period preceding this application/proposal had one or
more public transactions (Federal, State or local) terminated for cause or
default .
(2) Yhere the prospective primary participant is unable to certify to any of the statements
in this certification, such prospective participant shall attach an explanation to this
propose 1 .
SOUTHWEST UAJlJLAND SEHER Ol$~RTr.T OF HARNF.TT r.~V - ---
organization Name PR/Award Number or Project Name
~A1 /~- CHAIRMAN
N~;e an Title of Authorized Representative
F.. nTtI '''.Y if 1 0 lU.- --------
Signature Date
1
~ -, 7
ij
INSTRUCTIQN$ FOR CERTIFICATION
1. By signing and sUbmitting this form, the prospective primary participant is providing the
certification set out on the reverse side in accordance with these instructions.
2. The inability of a person to provide the certification required below will not
necessarily result in denial of participation in this covered transaction. The
prospective participant shall submit an explanation of why it cannot provide the
certification set out on this form. The certification or explanation will be considered
in connection with the department or agency.s determination whether to enter into this
transaction. However, failure of the prospective primary participant to furnish a
certification or an explanation shall disqualify such person from participation in this
transaction.
3. The certification in this clause is a material representation of fact upon which reliance
was placed when the department or agency determined to enter into this transaction. If
it is later determined that the prospective primary participant knOWingly rendered an
erroneous certification, in addition to other remedies available to the Federal
Government, the department or agency may terminate this transaction for cause or default.
4. The prospective primary participant shall provide immediate written notice to the
department or agency to whom this proposal is submitted if at any time the prospective
primary participant learns that its certification was erroneous when submitted or has
become erroneous by reason of changed circumstances.
5. The terms "covered transaction," "debarred," ..suspended,.' "ineligible," "lower tier
covered transaction," "participant," "person," "primary covered transaction,"
"principal," "proposal," and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of the rules Implementing
Executive Order 12549. You may contact the department or agency to which this proposal
is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary participant agrees by submitting this form that, should the
proposed covered transaction be entered into, it shall not knowingly enter into any lower
tier covered transaction with a person who is debarred, suspended, declared ineligible,
or voluntarily excluded from participation in this covered transaction, unless authorized
by the department or agency entering into this transaction.
7. The prospective primary participant further agrees by submitting this form that it will
Include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion. Lower Tier Covered Transactions,'. provided by the department or
agency entering into this covered transaction, without modification, in all lower tier
covered transactions and in all solicitations for lower tier covered transactions.
8. A participant in a covered transaction may rely upon a certification of a prospective
participant in a lower tier covered transaction that it is not debarred, suspended,
ineligible, or voluntarily excluded from the covered transaction, unless it knows that
the certifi~ation is erroneous. A participant may decide the method and frequency by
which it determines the eligibility of its principals. Each participant may, but is not
required to, check the Nonprocurement List.
9. Nothing contained in the foregoing shall be construed to require establishment of a
system of records in order to render in good faith the certification required by this
clause. The knowledge and information of a participant is not required to exceed that
which is normally possessed by a prudent person in the ordinary course of business
dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a
participant in a covered transaction knowingly enters into a lower tier covered
transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded
from participation in this transaction, in addition to other remedies available to the
Federal Government, the department or agency may terminate this transaction for cause or
detaul t.
OMI APPROVAL NO.
9000 - 0101
U.S. DEPARTMENT OF AGRICULTURE
CERTIFICATION REGARDING
DRUG-FREE WORKPLACE REQUIREMENTS (GRANTS)
ALT~RNATIVE I - FOR GRANTEES OTHER THAN INDIVIDUALS
This certification is required by the regulations Implementing Sections 5151.5160 of the Drug-
Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D: 41 U.S.C. 701 et seq.), 7 CFR
Part 3017, Subpart F, Section 3017.600, Purpose. The regulations were published as Part II of
the January 31, 1989 Federal Realster (pages 4947-4952). Copies of the regulations may be
obtained by contacting the Department of Agriculture agency Offering the grant.
(BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS ON REVERSE)
Alternative r
(A) The grantee certifies that it will pr~vide a drug-free workplace by:
(e) PUblishing e stetement notifying employees thet the unlawful manufacture, distribution,
dispensing, possession or use of a controlled substance Is prohibited in the grantee's
workpIece and specifying the actions that will be teken against employees for violation of
such prohibition:
(b) Establishing a drug'free awareness program to inform employees about ..
(1) The dangers of drug abuse in the workplace:
138
(2) The grantee's policy of maintaining a drug-free workplace;
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be imposed upon employees for drug abuse violations occurring
the workplace:
(c) Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a);
(d) Notifying the employee in the statement required by paragraph (a) that, as a condition
of employment under the grant, the employee will --
(1) Abide by the terms of the stateme~t; and
(2) Notify the employer of any criminal drug statute conviction for a violation
occurring in the workplace no later than five days after such conviction;
(e) Notifying the agency within ten days after receiving notice under subparagraph (d)(2)
from an employee or otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving notice under SUbparagraph
(d)(2), with respect to any employee who is so convicted .-
(1) Taking appropriate personnel action against such an employee, up to and Including
termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local health,
law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs (a), (b), (c), (d). (e) and (f)_
B. The grantee shall insert In the space provided below the site(s) for the performance of work
done in connection with the specific grant.
Place of Performance (Street address, city, county, State, zip code)
SOUTHWEST WATER AND SEWER DISTRICT OF HARNF.TT rnTlNTV
SOUTHWEST WATER AND SEWER DISTRICT OF HARNETT CQUNTV
D1X"1"7; 4.tw{- PR/Award Number or Project Name
C'HATRMAN
Nam~ an~Tltle of Authorized Representative
February 4, 1991
Signature Date
INSTRl.ICT7.QNS FOR C~RTIFICATION
1- By signing and submitting this form, the grantee is providing the certification set out on
pages 1 and 2.
2. The certification set out on pages 1 and 2 is a material representation of fact upon which
reliance was placed when the agency determined to award the grant. If it is later determined that
the grantee knowingly rendered a false certification, or otherwise violates the requirements of
the Drug-Free Workplace Act, the agency, in addition to any other remedies available to the
Federal Government, may take action authorized under the Drug'Free Workplace Act.
2
Form AD.1049 (2/89)
'u.s. GPO, 1989-6~4-006/81~20
--- -
i -, 9
;j
~
Form FmHA 1942-31 FORM APPROVED
(Rev. 12-89) OMB NO. 0575-0074
UNITED STATES DEPARTMENT OF AGRICULTURE
FARMERS HOME ADMINISTRATION
ASSOCIATION WATER OR SEWER SYSTEM GRANT AGREEMENT
1 THIS AGREEMENT dated Februarv 4 , 19 -9.1, between
Southwest Water and Sewer District of Harnett County
a public corporation organized and operating under ~rti.r.le 162-A of the General Statues of the State
of North Carolina
(Authorizing Statute)
herein called "Grantee," and the United States of America acting through the Farmers Home Administration, Department of Agri-
culture, herein called "Grantor," WITNESSETH:
WHEREAS
Grantee has determined to undertake a project of acquisition, construction, enlargement, or capital improvement of a (water) (sewer)
system to serve the area under its jurisdiction at an estimated cost of $ 4.408.000.00 and has duly authorized
the undertaking of such project.
Grantee is able to finance not more than $ 3.192.000.00 of the development costs through revenues,
charges, taxes or assessments, or funds otherwise available to Grantee resulting in a reasonable user charge.
Said sum of $ 1.216.000.00 has been comitted to and by Grantee for such project development costs.
Grantor has agreed to grant the Grantee a sum not to exceed $ 1. 216.000.00 or 27.59 percent
of said development costs, whichever is the lesser, subject to the terms and conditions established by the Grantor. Provided. however.
that the proportionate share of any grant funds actually advanced and not needed for grant purposes shall be returned immediately to
the Grantor. The Grantor may terminate the grant in whole, or in part, at any time before the date of completion, whenever it is
determined that the Grantee has failed to comply with the conditions of the grant.
NOW, THEREFORE, In consideration of said grant by Grantor to Grantee, to be made pursuant to Section 306 (a) of the
Consolidated Farm and Rural Development Act for the purpose only of defraying a part not to exceed 27.59
percent of the development costs, as defined by applicable Farmers Home Administration instructions.
GRANTEE AGREES THAT GRANTEE WILL:
A. Cause said project to be constructed within the total sums available to it, including said grant, in accordance with the
project plan!; and specifications and any modifications thereof prepared by Grantee and approved by Grantor.
B. Permit periodic inspection of the construction by a representative of Grantor during construction.
C. Comply with any measures identified in the Government's environmental impact analysis for this facility for the pur-
pose of avoiding or reducing the adverse environmental impacts of the facility's construction or operation.
D. Comply with all applicable state and federal laws and regulations and manage, operate and maintain the system, including
this project if less than the whole of said system, continuously in an efficient and economical manner.
E. Make the services of said system available within its capacity to all persons in Grantee's service area without discrimina-
tion as to race. color, religion, sex, national origin, age, marital status, or physical or mental handicap (possess capacity to enter into
legal contract for services) at reasonable charges, including assessments, taxes, or fees in accordance with a schedule of such charges.
\i.'hether for one or more classes of service, adopted by resolution date Februarv 4. , 19 91 . as may
he modified from time to time by Grantee. The initial rate schedule must be approved by Grantor. Thereafter, Grantee may make Slll:h
modifications to the rate system as long as the rate schedule remains reasonable and nondiscriminatory.
F. Adjust its operating costs and service charges from time to time to provide for adequate operation and maintenance,
emergency repair reserves, obsolescence reserves, debt service and debt service reserves.
G. Expand its system from time to time to meet reasonably anticipated growth or service requirements in the area within
its jurisdiction.
H. Provide Grantor with such periodic reports as it may require and permit periodic inspection of its operations by a re-
presentative of the Grantor.
I. To execute Forms FmHA 400-1, "Equal Opportunity Agreement," and FmHA 400-4, "Assurance Agreement," and any
other agreements required by Grantor which Grantee is legally authorized to execute. If any such forms have been executed by
Grantee as a result of a loan being made to Grantee by Grantor contemporaneously with the making of this Grant, another form of
the same type need not be executed in connection with this Grant.
1. Upon any default under its representations or agreements set forth in this instrument, or in the instruments incident to
the awarding of the grant, Grantee, at the option and demand of Grantor, to the extent legally permissible, will repay to grantor
forthwith the original amount of the grant received with the interest accruing thereon from the date of default at the market rate
for water and waste disposal loan assistance in effect on the date hereof or at the time the default occurred, whichever is greater.
Default by the Grantee will constitute termination of the grant thereby causing cancellation of Federal assistance under the grant.
The provisions of this Grant Agreement may be enforced by Grantor, at its option and without regard to prior waivers by it of pre-
vious defaults of Grantee, by judicial proceedings to require specific performance of the terms of this Grant Agreement or by such
other proceedings in law or equity, in either Federal or State courts, as may be deemed necessary by Grantor to assure compliance
with the provisions of this Grant Agreement and the laws and regulations under which this grant is made.
K. Return immediately to Grantor, as required by the regulations of Grantor, any grant funds actually advanced and not
needed by Grantee for approved purposes.
L. Use the real property inclUding land, land improvements, structures, and appurtenances thereto, for authorized purposes
of the grant as long as needed.
I. Title to real property shall vest in the recipient subject to the condition that the Grantee shall use the real property
for the authorized purpose of the original grant as long as needed.
2. The Grantee shall obtain approval by the Grantor agency for the use of the real property in other projects when
the Grantee det~rmines that the property is no longer needed for the original grant purposes. Use in other projects shall be
limited to those under other Federal grant programs or programs that have purposes consistent with those authorized for sup-
port by the Grantor.
3. When the real property is no longer needed as provided in I and 2 above, the Grantee shall request disposition
instructions from the Grantor agency Qr its successor Feder&l agency. The Grantor agency shall observe the followinE rules in
the disposition instructions:
(a) The Grantor may be permitted to retain title after it compensates the Federal Government in an amount
computed by applying the Federal percentage of participation in the cost of the original project to the fair market value
of the property.
- -
140
(b) The Grantee may be directed to sell the property under guidelines provided by the Grantor agency ana pay
the Federal Government an amount computed by applying the Federal percentage of participation in the cost of the
original project to the proceeds from sale (after deducting actual and reasonable selling and fix-up expenses, if any, from
the sale proceeds). When the Grantee is authorized or required to sell the property, proper sales procedures shall be estab-
lished that provide for competition to the extent practicable and result in the highest possible return.
(c) The Grantee may be directed to transfer title to the property to the Federal Government provided that in
such cases the Grantee shall be entitled to compensation computed by applying the Grantee's percentage of participa-
tion in the cost of the program or project to the current fair market value of the property.
The Grant Agreement covers the following described real property (use continuation sheets as necessary).
All tank sites, all pump station sites, master meter vault sites, and all Rights-of-Way
and/or Easements that are obtained by Southwest Water & Sewer District either by
negotiations, condemnations, or purchase of existing systems.
M. Abide by the following conditions pertaining to nonexpendable personal property which is furnished by the Grantor or
acquired wholly or in part with grant funds. Nonexpendable personal property means tangible personal property having a useful
life of more than one year and an acquisition cost of $300 or more per unit. A Grantee may use its own definition of nonexpe..dable
per~onal property provided such definition would at least include all tangible personal personal property as defined above.
1. Use of nonexpendable property.
(a) The Grantee shall use the property in the project for which it was acquired as long as needed. When no longer
needed for the original project, the Grantee shall use the property in connection with its other Federally sponsored activ-
ities, if any, in the following order of priority:
(1) Activities sponsored by FmHA.
(2) Activities sponsored by other Federal agencies.
(b) During the time that nonexpendable personal property is held for use on the project for which
it was acquired, the Grantee shall make it available for use on other projects if such other use will not interfere with the
work on the project for which the property was originally acquired. First preference for such other use shall be given to
FmHA sponsored projects. Second preference will be given to other Federally sponsored projects.
., Disposition of nonexpendable property, When the Grantee no longer needs the property as provided in paragraph
(a) above, the property may be used for other activites in accordance with the following standards:
(a) Nonexpendable property with a unit acquisition cost of less than SI,OOO. The Grantee may use the property
for other activities without reimbursement to the Federal Government or sell the property and retain the proceeds.
(b) Nonexpendable personal property with a unit acquisiton cost of $1,000 or more. The Grantee may retain
the property for other uses provided that compensation is made to the original Grantor agency or its successor. The
amount of compensation shall be computed by applying the percentage of Federal participation in the cost of the original
project or program to the current fair market value of the property. If the Grantee has no need for the property and the
property has further use value, the Grantee shall request disposition instructions from the original Grantor agency.
The Gra.ltor agency shall determine whether the property can be used to meet the agency's requirements. If no require-
ment exists within that agency, the availability of the property shall be reported, in accordance with the guidelines of
the Federal Property Management Regulations (FPMR), to the General Services Administration by the Grantor agency
to determine whether a requirement for the property exists in other Federal agencies. The Grantor agency shall issue
instructions to the Grantee no later than 120 days after the Grantee request and the following procedures shall govern:
(1) If so instructed or if disposition instructions are not issued within 120 calendar days after the Grantee's
request, the Grantee shall sell the property and reimburse the Grantor agency an amount computed by applying
to the sales proceeds the percentage of Federal participation in the cost of the original project or program. How-
ever, the Grantee shall be permitted to deduct and retain from the Federal share $100 or ten percent of the pro-
ceeds, whichever is greater, for the Grantee's selling and handling expenses.
(2) If the Grantee is instructed to ship the property elsewhere the Grantee shall be reimbursed by the
benefitting Federal agency with an amount which is computed by applying the percentage of the Grantee parti-
cipation in the cost of the original grant project or program to the current fair market value of the property, plus
any reasonable shipping or interim storage costs incurred.
(3) If the Grantee is instructed to otherwise dispose of the property, the Grantee shall be reimbursed by the
Grantor agency for such costs incurred in its disposition,
3. The Grantee's property management standards for nonexpendable personal property shall also include:
(a) Property records which accurately provide for: a description of the property; manufacturer's serial number
or other identification number; acquisition date and cost; source of the property; percentage (at the end of budget year) of
Federal participation in the cost of the project for which the property was acquired; location, use and condition of the pro-
perty and the date the information was reported; and ultimate disposition data including sales price or the method used to
determine current fair market value if the Grantee reimburses the Grantor for its share.
(b) A physical inventory of property shall be taken and the results reconciled with the property records at least
once every two years to verify the existence, current utilization, and continued need for the property.
(c) A control system shall be in effect to insure adequate safeguards to prevent loss, damage, or theft of the
property. Any loss, damage, or theft of nonexpendable property shall be investigated and fully documented.
(d) Adequate maintenance procedures shall be implemented to keep the property in good condition.
(e) Proper sales procedures shall be established for unneeded property which would provide for competition to
the extent practicable and result in the highest possible return.
Tl/is Grant Agreement covers the following described nonexpendable property (use continuation sheets as necessaJ). all
All water distribution lines, water storage tanks, fire hydrants, meters, va ves,
buildings, and all other facilities constructed or purchased by Southwest Water &
Sewer District as a part of their water fad li ty.
N. Provide Financial Management Systems which will include:
1. Accurate, current, and complete disclosure of the financial results of each grant. Financial reporting will be on an
accrual basis.
2. Records which identify adequately the source and application of funds for grant-supported activities. Those records
shall contain information pertaining to grant awards and authorizations. obligations, unobligated balances, assets, liabilities,
outlays, and income.
3. Effective control over and accountability for all funds, property and other assets. Grantees shall adequately safe-
guard all such assets and shall assure that they are used solely for authorized purposes.
4. Accounting records supported by source documentation.
O. Retain financial records, supporting documents, statistical records, and all other records pertinent to the grant for a
period of at least three years after grant closing except that the records shall be retained beyond the three-year period if audit findings
have not been resolved. Microfilm copies may be substituted in lieu of original records. The Grantor and the Comptroller General of
the United States, or any of their duly authorized representatives, shall have access to any books, documents, papers, and records
of the Grantee's ~overnment which are pertinent to the specific grant program for the purpose of making audits, examinations, ex-
cerpts and transcnpts.
P. Provide information as requested by the Grantor to determine the need for and complete any necessary Environmental
Impact Statements.
Q. Provide an audit report prepared in sufficient detail to allow the Grantor to determine that funds have been used in
compliance with the proposal, any applicable laws and regulations and this Agreement.
\
J' -
---------- ------------------
I 4 1
4
.If'""' (,
, I
R. Agree to account for and to return to Grantor interest earned on grant funds pending this disbursement for program
purposes when the Grantee is a unit of local government or a nonprofit organization. States and agencies or instrumentalities of
states shall not be held accot:l!table for interest earned on grant funds pending their disbursement.
S. Not encumber, transfer or dispose of the property or any part thereof, furnished by the Grantor or acqUired wholly
or in part with Grantor funds without the written consent of the Grantor except as prOVided in items K and Labove.
T. Include in all contracts for construction or repair a provision for compliance with the Copeland "Anti-Kick Back" Act
(I8 D.S.C. 874) as supplemented in Department of Labor regulations (29 CFR, Part 3). The Grantee shall report all suspected or
reported violations to the Grantor.
U. In construction contracts in excess of $2,000 and in other contracts in excess of 52,500 which involve the employment
of mechanics or laborers, to include a provision for compliance with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR, Part 5).
V. To include in all contracts in excess of 5100,000 a provision that the contractor agrees to comply with all the require-
ments of Section 114 of the Clean Air Act (42 U.S.c. ~187SC-9) and Section 308 of the Water Pollution Control Act (33 U.S.c.
~ 1318) relating to inspection, monitoring, entry, reports, and information, as well as all other requirements specified in Section 114
of the Clean Air Act and Section 308 of the Water Pollution Control Act and all regulations and guidelines issued thereunder after
the award of the contract. Such regulations and guidelines can be found in 40 CFR 15.4 and 40 FR 17126 dated April 16, 1975.
In so doing the Contractor further agrees:
1. As a condition for the award of contract, to notify the Owner of the receipt of any communication from the Envi-
ronmental Protection Agency (EPA) indicating that a facility to be utilized in the performance of the contract is under con-
sideration to be listed on the EPA list of Violating Facilities. Prompt notification is required prior to contract award.
2. To certify that any facility to be utilized in the performance of any nonexempt contractor subcontract is not listed
on the EPA list of Violating Facilities pursuant to 40 CFR 15.20 as of the date of contract award.
3. To include or cause to be included the above criteria and the requirements in every nonexempt subcontract and
that the Contractor will take such action as the Government may direct as a means of enforCing such provisions.
As used in these paragraphs the term "facility" means any building, plan, installation, structure, mine, vessel or other floating craft,
location, or site of operations, owned, leased, or supervised by a Grantee, cooperator, contractor, or subcontractor, to be utilized
in the performance of a grant, agreement,contract, subgrant, or subcontract. Where a location or site of operation contains or in-
cludes more than one building, plant, installation, or structure, the entire location shall be deemed to be a facility except where the
Director, Office of Federal Activities, Environmental Protection Agency, determines that independent facilities are co-located in one
geographical area.
W. The following clause is applicable to nonprofit organizations:
As a condition of this Grant or Cooperative Agreement, the recipient assures and certifies that it is in compliance with
and will comply in the course of the Agreement with aU applicable laws, regulations, Executive Orders and
other generally applicable requirements, including those set out in 7 CFR 3015.205(b), which hereby are incorporated
in this Agreement by reference, and such statutory provisions as are specifically set forth herein.
GRANTOR AGREES THAT IT:
A. Will make available to Grantee for the purpose of this Agreement not to exceed 5 421 h, 000 on
which it will advance to Grantee to meet not to exceed 27.59 percent of the development costs of the project in accordance
with the actual needs of Grantee as determined by Grantor.
B. Will assist Grantee, within available appropriations, with such technical assistance as Grantor deems appropriate in
planning the project and coordinating the plan with local official comprehensive plans for sewer and water and with any State or
area plans for the area in which the project is located.
C. At its sole discretion and at any time may give any consent, deferment, subordination, release, satisfaction, or termina-
tion of any or all of Grantee's grant obligations, with or without valuable consideration, upon such terms and conditions as Grantor
may determine to be (1) advisable to further the purpose of the grant or to protect Grantor's financial interest therein and (2) con-
sistent with both the statutory purposes of the grant and the limitations of the statutory authority under which it is made.
TERMINA TJON OF THIS AGREEMENT
This Agreement may be terminated for cause in the event of default on the part of the Grantee as provided in Paragraph I
above or for convenience of the Grantor and Grantee prior to the date of completion of the grant purpose, Termination for con.
venience will occur when both the Grantee and Grantor agree that the continuation of the project will not produce bencfkial results
commensurate with the further expenditure of funds.
IN WITNESS WHEREOF Grantee on the date first above written has caused these presence to be executed by its duly author-
ized Chairman
and attested and its corporated seal affixed by its duly authorized Clerk
ATTEST:
-
By V'-d~_ "11) '-tr(i.U~V By ~ AJ~
6 I j
Clerk Chairman
(Title) (Title)
UNITED STATES OF AMERICA
FARMERS HOME ADMINISTRATION
By
District Director
(Tille)
'ltu.S. Covernment r'['~ntill~ Officel 1990-111...014/03831
-- - - - -
14"
: L
_ i (.
( rvl\JW "rrl\\Jv ~
OMBNO.OS75.001!
I UNITED STATES DEPARTMENT OF ACRICULTURE
FARMER.S HOME ADMINISTRATION
"'"
~- y
., '4"
Fonn FmHA 1942-46
(Rev. 9.89) ,
LETTER OF INTENT TO MEET CONDITIONS ' .
. Februarv 4. 1991
Date
TO: Fanners Home Administration -
United States Department of Agricultur~
4001 Carya Drive, Suite &
Raleigh, NC 27610
(County Of/ice Address)
We have reviewed and understand the conditions set Eorth in your JitM-YditlUIXAMENDED LETTER
Dated Januarv 30. 1991 .
.
It is our intent to meet all of them not later than JUNE 1. 1991 .
WE ALSO ELECT TO HAVE THE INTEREST RATE CHARGED BY FmHA TO BETHE~LOWER OF THE
RATES IN EFFECT AT EITHER THE TIME OF LOAN APPROVAL OR LOAN CLOSING.
I
SOUTHWEST WATER AfD SEW~R p~CT
(Name 0 ASlociation)
BY 1fI )J Ai.~ -
CHAIRMAN
(Title)
,.
Public IYpo,.tlll' burd,n for th/, coll,ctlon of 111(0_011011 II ,.IImol,d loolJel'Clfe I hour Inr re,po"". I"dlldi"~ th, tim, (0,. rel//e/I)'"' Ill'
,,,,"clio",. Horchi", "IItlll' dotll .Ollrce" '01"'""' olld mol"lGi"jll~ ''', dota 1I,.d.d. ond compi,tlll, 1111" ,.1/ ""/11(. th, coll,ct/oll 01/'"
(ormllllon. In" comm,nl, re,ardln, fI," liiur*n .,"",al. or 11ft?, 01 ". ..peel of till' tolleet/oll of l"roml(,lIo"'o'''t IIdl"! .u""lIo", for
reduci", thll burden. 10 D.partm.II1 of A,r/cu It II re" Cleora"te 0 flt.r~ OIRM. Room 404.~ WOIh/"S'O", D.C..' 2&0; IIIl '0"" Offlc, of
Melllo,.m,nl Oil" '"d,el. PGP,~",or" R'Gutl/on Pro CI (OM8 No, 0&'1 .00/61. WOIhln,tOll. .C.2060.
FmHA 1942.46 (Rev. 9.89)
-- - - -
- ---
:43
ATTACHMENT 3.
RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT WITH
MARZIARO , HINIER, P.A.
(WASTE SLUDGE DISPOSAL S~DY PROJECT)
1 THAT WHEREAS, the Board of Commissioners of the County of
Harnett (hereinafter sometimes referred to as the "Board") has
previously selected the firm of Marziano & Minier, P.A. of
Asheboro, North Carolina to conduct and prepare a Waste Sludge
Disposal Study for Harnett County; and
WHEREAS, appropriate representatives of the County of Harnett
have now negotiated an agreement with said Marziano & Minier, P.A.
for the engineering services needed with respect to said study at
a fee which is recommended to be fair and reasonable; and
WHEREAS, a copy of said agreement entitled "Professional
Services Agreement" between the County of Harnett and Marziano &
Minier, P. A. is attached hereto as Exhibit 1 and incorporated
herein by reference; and
WHEREAS, the Board, having reviewed and considered said
agreement, now desires to authorize the execution of the same by
the County of Harnett.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners
of the County of Harnett that:
1. The County of Harnett shall and is hereby
authorized to enter into that Professional
Services Agreement with Marziano & Minier,
P. A., a copy of which is attached hereto as
Exhibit 1 and incorporated herein by
reference.
2. Dallas H. Pope, County Manager, is hereby
authorized and directed to execute the
original of said Agreement for and in behalf
of the County.
Duly adopted this 4th day of February, 1991 upon motion made
by Commissioner Sha\~ , seconded by Commissioner Hud"on ,
and adopted by the following vote:
Ayes 5 Noes 0 Abstained 0 Absent 0
Board of Commissioners
of Harnett County
By: ,~)-j ~,~
L~oydOG. Stewart,' Chairman of
the Board
Attest:
_-I '--111'-1'
LI{.{,/v~-.lA.<'..... G'-'. L ,tcL'Y"
Vanessa W. Young, C~erk tp
the Board .
Exhibit "1"
PROFESSION~t, SERVICES AGREEMENT
This Agreement by and between the County of Harnett,
herain~fter. r.eferred to a~ the OWNER, and Marziano & Minier,
PA of ASheborc, North Carolina hereinafter referred to as
the ENGINEER.
WITNESSETH:
PROJECT: The OWNER hereby contracts with the ENGINEER to
perform the following described services, hereinafter
collectively referred to a~ the PROJECT: A regional sludge
study to deter.mine the feaRibility of disposal of waste
sludge from wastewater tre~tment plant operations in Harnett
County. Phase 2 of this pr.oject would be to develop
necessary documents for permitting of land for land disposal
of sludge. The detailed Scope of Work is contained on
Attachment "A".
F.NGtNF.F.~'S COMPENSATION: The Engineer shall be paid for the
profeSSIonal Services on a:l hourly basis in accordance with
the rate schedule below. I t.emized invoices will be
sllhmi tted monthl y for. thp. I'roject. 1'he invoice is due and
payable within 30 days of the invoice date. The rates below
include allowances for overhead and profit.
RATE SCHEDULE
JOB CLASSIFICATION MARZIANO & MINIER, PA
Engineer $60.00
Technician $40.00
Draftsman $25.00
Clerical $16.00
-------
144
OWNER'S ^GENT: The OWNER has appointed Mr. Dallas Pope,
county Manager, as the official AGENT of the OWNER, for the
pur.pose of the PROJECT.
GENERAL TERMS l\ND CONDITIONS: The E~gi~e7r w~ll provide
workmen's compensation and general llablllty lnsurance.
Any project pecformed under: this cont:act may be cancelled
by the OWNER upon 10 days ~ritten notlce to the ENGINEER.
The ENGINEER .....ill then fon.:ard a final invoice to the OWNER
for payment.
SPECIAL CONDITIONS: Based upon the Scope of Work on
Attachment "A", the Engineer estimates that the total fee
for this work will not exceed $17,000.00.
The Engineer will begin work after he receives a signed
Agreement and a written "Notice to Proceed" from the Owner.
ADDITIONAL SERVICES: During the performance of the services
in connection with this PROJECT, the OWNER may from time to
time request additional services. The ENGINEER shall be
compensated for such additional services on a per diem basis
at the rates listed in the schedule above.
COUNTY OF HARNETT MARZIANO & MINIER, PA
By: By:
Hiram J. Marziano, P.E.
Witness: Witness:
By: By:
Evan R. Minier, PE
Date: Date:
ATTACHMENT "A"
SCOPE OF WORK
The following scope of work describes technical services to
be provided by Marziano & Minier, PA for the Harnett County
Regional Sludge Management study and subsequent land
permits, if required:
I. Assist county staff in determining the annual
sludge production from existing WWTP operations in
the County.
2. Assist county and/or sludge producers in obtaining
sludge samples for analysis by an independent
laboratory (cost of analysis is not included in
Marziano & Minier fee)
3. Develop sludge disposal alternatives after
meetings with sludge producers.
4. Make cost effective analysis of feasible
alternatives and develop an implementation method
and schedule for the selected alternative.
5. Write a report of all findings, methods and
recommendations for OWNER approval. Revise as
required and submit 10 final copies to the County.
6. If land disposal is the selected alternative, we
will visit the County and identify preliminary
sites for further investigation.
7. With list o( proposed sludge receiver sites
generated in item 6, we will hold a meeting with
County Agriculture officials and obtain land
owners names and discuss proposed program.
8. We will hold an informal hearing with interested
farmers and others to outline project scope and
any questions that may arise.
9. We will visit each of the proposed sludge receiver
sites with a soils scientist and perform site
evaluations and soil boring analysis. 1
lO. We will compile a sludge permit application
package and submit to the regulatory agency for
approval (application fees are not include in
Marziano & Minier fee).
II. We will respond to the regulatory agencies review
comments and assist the county in obtaining the
permit.
12. After receipt of the permit, we will assist the
County in implementation of the program including
assistance with obtaininq proposals for the
contract hauling of the sludqe if necessary.
13. The estimated time for completion of this work is
about 5 months up to submission of the permit
application if one Ls necessary. EIS & EA
statements are not included in the scope of this
project since it is expected that one will not be
necessary.
- ---
145
ATTACHMENT 4. Resolution Regarding
Procurement of Engineering Services
(Welsh Sporting Goods Industrial Development Project)
THAT WHEREAS, the County of Harnett, under and pursuant to its
policies regarding business and industrial development and in
association with a grant authorization from the North Carolina
Department of Economic and Community Development, desires to
construct and install water and sewer facilities to provide the
indicated utility services to Welsh Sporting Goods; and
WHEREAS, it is the opinion of the Board of Commissioners of
the County of Harnett (hereinafter sometimes referred to as the
"Board") that it should employ engineers to develop and otherwise
provide appropriate plans and specifications for said facilities;
and
WHEREAS, Article 3D of Chapter 143 of the General Statutes of
North Carolina sets forth a declaration of public policy regarding
the selection of firms to provide engineering services, but allows
under section 143-64.32 thereof, a unit of local government to
exempt particular projects from the provisions of said Article in
the case of proposed projects where an estimated professional fee
is in an amount less than thirty thousand dollars ($30,000); and
WHEREAS, the professional engineering fee estimated to be
associated with design of said water and sewer facilities is the
amount of seventy-five hundred dollars ($7,500); and
WHEREAS, it is the desire of the Board to exempt the
particular project herein described from the provisions of the
aforesaid Article 3D pursuant to and in accordance with N.C. Gen.
Stat. 5143-64.32 so as to enable the County to consider, among
other things, the expense of such professional services in it"s
selection process; and
WHEREAS, it is the desire of the Board to provide further
instruction to the appropriate representatives of the County with
respect to the selection process for the engineer to provide the
.t services desired;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners
of the County of Harnett that:
1- Pursuant to N.C. Gen. Stat. 5 143-64.32, the above
described project to provide water and sewer facilities
to Welsh Sporting Goods and all matters associated
therewith shall be and hereby is declared exempt from the
provisions of Article 3D, Chapter 143 of the General
Statutes of North Carolina.
2. The Director of the Public Utilities Department, in
conjunction with the County Manager and County Utilities
Attorney, is instructed to investigate and otherwise make
inquiry, on an informal basis, with respect to the
identity of an engineering firm suitable to provide the
professional services desired, taking into account the
demonstrated competence and qualification for the type
of professional service required and the fee to be
charged therefor, and. to thereafter negotiate with the
best qualified firm for a proposed fair and reasonable
fee.
- - --
141'
[ D
-
3. Upon ide t'f' .
n ~ ~cat~on of a recommended proposed firm
and the establ' hm ~
~s ent of a proposeQ fair and reasonable
fee for the services desired, the said representatives
of the County shall
report their findings and
recommendations to the Board for approval.
,.
Duly adopted this 4th day of February, 1991 upon motion made
! by Commissioner Hudson
" seconded by Commissioner
Hill
and adopted by the following vote:
,
Ayes 5 Noes 0
Absent 0
County of Harnett
By ~j -<7 4?J.J
1 ydOG. Stewart, Chairman
Board of Commissioners
~!t: 'td "if
~<>.<.../ . - ,t.{J...~
Vanessa W. Young, E1erk {
to the Board
ATTACHMENT 5,
Resolution Regarding
Procurement of Engineering Services
(Elevated Tank Painting Project - Metro Ro. 4)
THAT WHEREAS, the Harnett County Department of Public
Utilities has advised the Board of Commissioners of Harnett County
(hereinafter sometimes referred to as the "Board") that the
existing elevated water storage tank, sometimes known as "Metro
Tank Number 4, II located on N.C. Highway 210 between Lillington and
Angier, which is leased and operated by the County, is in need of
repainting; and
WHEREAS, under the applicable laws, rules and regulations of
the State of North Carolina, the County is required to employ
engineers to provide professional services associated with said
repainting; and
WHEREAS, Article 3D of Chapter 143 of the General Statutes of
North Carolina sets forth a declaration of public policy regarding
the selection of firms to provide engineering services, but allows
under section 143-64.32 thereof, a unit of local government to
exempt particular projects from the provisions of said Article, in
the case of proposed projects where an estimated professional fee
is in an amount less than thirty thousand dollars ($30,000); and
WHEREAS, the professional engineering fee to be associated
with the described tank repainting project is estimated to be less
than said amount; and
WHEREAS, it is the desire of the Board to exempt the
particular project herein described from the provisions of the
aforesaid Article 3D pursuant to and in accordance with N.C. Gen.
- - - -
-------------
---
147
Stat. 5143-64.32 so as to enable the County to consider, among
other things, the expense of such professional services in its
selection process; and
WHEREAS, it is the desire of the Board to provide further
instruction to the appropriate representatives of the County with
respect to the selection process for the engineer to provide the
services desired.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners
of the County of Harnett that:
1- Pursuant to N.C. Gen. Stat. S143-64.32, the
above described project to repaint the elevated
tank designated as Metro No. 4 and all matters
associated therewith shall be and hereby is
declared exempt from the provisions of Article
3D, Chapter 143 of the General Statutes of
North Carolina.
2. The Director of the Public Utilities
Department, in conjunction with the County
Manager and County Utilities Attorney, is
instructed to investigate and otherwise make
inquiry, on an informal basis, with respect to
the identity of an engineering firm suitable
to provide the professional services desired,
taking into account the demonstrated competence
and qualifications for the type of professional
services required and the fee to be charged
therefor, and to thereafter negotiate with the
best qualified firm for a proposed fair and
reasonable fee.
3. Upon identification of a recommended firm
and the establishment of a proposed fair and
reasonable fee for the services desired, the
said representatives of the County shall report
their findings and recommendations to the Board
for approval.
Duly adopted this 4th day of February, 1991, upon motion made
by Commissioner Hill , seconded by Commissioner
Shaw and adopted by the following vote:
Ayes 5 Noes 0 Absent 0
Board of Commissioners of
the County of Harnett
By: ~ ~ /tt...-o-J
oyC(} G. Stewart, Chairman
~st:
4,..=-< '1 tJ \.L''k'L,...c)/
Vanessa W. Young, elerk
to the Board
148
ATTACHMENT 6.
Resolution Authorizing Adjustment
of Wastewater Treatment Plant
Location on Existing Site
(Cape Fear Regional Wastewater System project)
THAT WHEREAS, as part of the Cape Fear Regional Wastewater
System Project (hereinafter sometimes referred to as the "project")
the County of Harnett has heretofore identified a parcel of real
property containing approximately 22 acres located east of Buies
Creek and north of the Cape Fear River upon which the Project's
proposed wastewater treatment plant is to be located; and
WHEREAS, because of cost and expense considerations associated
with wastewater treatment plant sitinq, the specific location of
the referenced wastewater treatment plant is proposed to be on an
area towards the west side of said real property; and
WHEREAS, there has been public comment adverse to the
currently proposed plant location; and
WHEREAS, in an effort to meet the concerns of the public with
respect to this matter, the Cape Fear Regional Wastewater Board
.has recommended that the County of Harnett adjust the location of
the wastewater treatment plant on the proposed existing site in an
easterly direction so as to achieve thereon maximum distance from
residential properties; and
WHEREAS, having recognized the concerns of the public with
respect to the original proposed location and in order to alleviate
the uneasiness associated therewith, but keeping in mind the
budgetary limitations of the Project, it is the desire of said
Board of Commissioners to adopt the recommendation of the Cape Fear
Regional Wastewater Board.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners
of the County of Harnett that:
The firm of Marziano and Minier, P.A.,. the engineers
designing the wastewater treatment plant associated with
the Cape Fear Regional Wastewater Project, are hereby
authorized and directed to take appropriate action to
cause the adjustment of the location of said wastewater
treatment plant on the proposed existing site in an
easterly direction so as to achieve thereon maximum
distance from residential properties.
Duly adopted this 4th day of February, 1991, upon motion made
by Commissioner Hudson seconded by Commissioner
,
Shaw and adopted by the following vote:
Ayes 5 Noes 0 Absent 0
Board of Commissioners of
the County of Harnett
By~A~,J
oy G. Stewart, Chairman
Attest:
--i~,-_- '(11 '-{J"~'
Vanessa W. Young, ( ()
Clerk to the Board
----.- --- - - - -
------
149
..
ATTACHMENT 7.
HARNETT COUNTY
NORTH CAROLINA
RESOLUTION AMENDING THE HARNETT COUNTY
TRANSPORTATION ADVISORY BOARD
BY-LAWS
THAT WHEREAS, the Harnett County Board of Commissioners appointed
nine agency representatives to serve on the Harnett County
Transportation Advisory Board on February 1, 1982; and
WHEREAS, the Transportation Advisory Board adopted a set of
By-laws for operations; and
WHEREAS, this Board is of the opinion that the amendment set
forth below is necessary to insure the clear and efficient working of
the Transportation Advisory Board By-laws.
NOW, THEREFORE, BE IT RESOLVED that Article IV of the Harnett
County Transportation Advisory Board By-laws is hereby amended to
reflect the following changes:
Amendment
Article IV
MembershiD of the TransDortation Advisorv Board
Section 3. Membership may include but shall not be limited to
representatives from the following agencies: Lee Harnett Mental
Health, Mental Retardation and Substance Abuse Area Authority, Council
for Senior Citizens, Board of Education, Association of Retarded
Citizens, Health Department, Department of Social Services, Henley
Roberts Day Care, Nutrition Program for the Elderly, and the Board of
County Commissioners.
Section 5. Absence from three consecutive meetings, without a valid
reason, which is recorded by the Board, shall be construed as a
resignation. The Board shall direct the chairman to request the
Harnett County Board of Commissioners to appoint a new member to serve
out the unexpired term at their regular meeting.
Duly adopted by the Harnett County Board of Commissioners this
the 4th day of February, 1991.
HARNETT COUNTY BOARD OF COMMISSIONERS
~ 4 /Jt~.
AZ:T: LId d G~ Stewart, Chairman
"1.~L<-<N '1,tJ Y'J'LCld'
Vanessa W. Young, lerk
ATTACHMENT 8,
HARNETT COUNTY
NORTH CAROLINA
RESOLUTION AMENDING THE HARNETT COUNTY
EMERGENCY MEDICAL SERVICES OPERATING POLICIES
FOR HARNETT COUNTY, NORTH CAROLINA
ADOPTED JANUARY 3, 1989
THAT WHEREAS, the Harnett County Board of Commissioners
adopted the Harnett County Emergency Medical Services
Operating Policies on January 3, 1989; and
WHEREAS, this Board is of the opinion that the
amendment set forth below is necessary to insure the clear
and efficient working of the Operating policies.
NOW THEREFORE, BE IT RESOLVED that Section 4,03 of the
Operating Policies is hereby amended to reflect the
.. follOWing changes,
Amendment
Policy Statement
Nwnber 4.03
SUBJECT: Disregarding or Cancellation of Calls
1. PurPOse: To establish a standard policy for
disregarding or cancellation of calls,
2. Policv:
2,1 A unit of Harnett County EMS once dispatched
may be cancelled by the dispatcher or another
unit that is on the scene, A unit that is
enroute may also be cancelled if there is
another county unit closer to the location of
the call and if the initial dispatched unit
approves,
150
"' '-
n
2,2 Once a unit is on location then the unit may
be cancelled by the patient or family member
that is guardian or responsible part. The
unit may also be cancelled if the patient is
in agreement with the technicians that he may
be transported by private vehicle, Any unit
that cancels a call one on location must have
a properly documented form (ACR) signed in the
appropriate manner and location.
2,3 Each call that is dispatched with the unit
checking enroute should receive a run number
and times even though cancellation may occur
before the unit is on location. A unit
that is cancelled and does not evaluate a
patient will remain the next unit out. The
following will be exceptions to this rule:
1. Dispatched to stand by at a sporting
event.
2, Dispatched to standby with a fire
department at.a structure fire or
other fire that may require the
presence of EMS unit.
3, Dispatched to stand by at EOC or other
location in case of county wide alert
or mobilization.
Duly adopted by the Harnett County Board of
Commissioners this 4th day of February, 1991,
HARNETT COUN'l'Y BOARD OF COMMISSIONERS
~~4.~
L1 dIP, Stewart, Chairman .
,~L~ 'Vl '-(fi~/
. Vanessa W, Young, Cle
ATTACHMENT 9,
HARNETT COUNTY
NORTH CAROLINA
RESOLUTION AMENDING THE HARNETT COUNTY
EMERGENCY MEDICAL SERVICES OPERATING POLICIES
FOR HARNETT CQUN'l'Y, NORTH CAROLINA
THAT WHEREAS, the Harnett County Board of Commissioners
adopted the Harnett County Emergency Medical Services
Operating Policies on January 3, 1989; and
WHEREAS, this Board is of the opinion that the
amendment set forth below is necessary to insure the clear
and efficient working of the Operating Policies.
NOW THEREFORE, BE IT RESOLVED that Section 4,02 of the
Operating Policies is hereby amended to reflect the
follOWing changes.
Amendment
Policy Statement
Number 4,02
2,5 Harnett County four digit identifiers are assigned
by vehicle as follows:
Harnett County EMS 3056 Vehicle
Harnett County EMS 3057 Vehicle
Harnett County EMS 3058 Vehicle
Harnett County EMS 3059 Vehicle
2,6 The Harnett County Emergency Medical Service one
or two digit identifiers are assigned as follows:
Identifier Assicmed To I
EMS 1 Director
EMS 2 Assistant Director/Training Officer
EMS 3 Shift Supervisor
EMS 4 Shift Supervisor
EMS 5 Shift Supervisor
Duly adopted by the Harnett County Board of Commissioners
this 4th day of February, 1991,
HARNETT COUNTY BOARD OF COMMISSIONERS
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LIb d GIJ Stewart, Ch~irman
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ATTACHMENT 10.
HARNETT COUNTY
NORTH CAROLINA
~~"'-' ~~" -':"~r'
RESOLUTION
BE IT RESOLVED that the Harnett County Board of
Commissioners do hereby, by proper execution of this document,
request that the North Carolina Department of Transportation
delete from the State's Secondary Road System, SR 1174 which is
a school drive at Anderson Creek School.
Duly adopted this 4th day Of February, 1991.
HARNETT COUNTY BOARD OF COMMISSIONERS
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LIb d 9. Stewart, Chairman
ATTEST:
~!CaA4<'-' "-fl.). "-i1LL'-."
Vanessa W. Young, ctrrk y
ATTACHMENT 11. NORTH CAROLINA
HARNETT COUNTY
RESOLUTION CONCERNING SOLID WASTE ANNUAL FEE
WHEREAS, the Board of Commissioners of the County of
Harnett recognizes the need for Harnett County to raise
revenue in order to meet the state of North Carolina and
federal mandates concerning solid waste operations; and
WHEREAS. said board agrees that a system of user fees
is the most appropriate method to generate necessary
revenue; and
WHEREAS. said board desires to have the annual solid
waste household fee billed on the ad valorem taxes bill of
Harnett County property taxpayers; and
WHEREAS, the solid waste annual household fee shall be
payable at the same time and in the same manner as ad
valorem taxes; and
WHEREAS, said Board desires delinquent said fees to be
a lien on real property and to allow the use of levy,
attachment, and garnishment against the responsible party;
and
WHEREAS, said Board desires that a local Bill be
adopted by the North Carolina legislature for the County of
Harnett to allow the the above stated actions.
NOW ~ORE. BE IT' RESOLVED. that the Board of
Commissioners for Harnett County requests that the North
Carolina Legislature adopt a local bill for the County of
Harnett allowing the County to place the annual solid waste
household fee on the tax bills of Harnett County taxpayers
and consider delinquent fees to be a lien on real property
and permit the use of levy attachment, and garnishment to
collect said delinquent fees. The Harnett County Board of
Commissioners considers the above mentioned to be in the
best interest of the County of Harnett to appropriate the
necessary funds to follow the North Carolina and federal
mandates.
Adopted this 4th day of February, 1991.
HARNETT COUNTY BOARD OF COMMISSIONERS
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ATTEST: v' lo~ G, stewart, Chairman
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Vanessa W, Young, Clerk\to th~ Board
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ATTACHMENT 12,
HARNETT COUNTY
NORTH CAROLINA
RESOLUTION
WHEREAS, in Nor~~-Carolina the Lead Regional OrganizatIons;. as _.--.
voluntary organizations serving municipal and county governments,
have established productive working relationships with the cities and
counties across this state: and
WHEREAS, many counties and cities need assistance in pursuing
economic and community development opportunities, but federal
assistance in the form of intergovernmental revenues has been
severely curtailed in recent years: and
WHEREAS, the 1990 General Assembly recognized this need through
the appropriation of $960,300 to help the Lead Regional Organizations
assist local governments with grant applications, economic
development, community development, and to support local industrial
development activities and other activities as deemed appropriate by
their local governments: and
WHEREAS, these funds are not intended to be used for payment of
member dues or assessments to a Lead Regional Organization or to
supplant funds appropriated by the member..~. .rnments: and
'1w:.t\EAS, in the event that a request is not made by the County
of Harnett for release of these funds to our Regional Council, and
available funds will revert to the State General Fund: and
WHEREAS, in Mid-Carolina, funds in the amount of $53,350 will be
used for assisting member governments with grant applications,
economic develoDment, community development, and other activities as
deemed appropriate by member governments of Mid-Carolina Council of
Gove......"'nts
, NOW, THEREFORE BE IT RESOLVED, that the Harnett County Board of
eommissioners requests the release of its share of these funds,
$10,065.73, to Mid-Carolina Council of Governments at the earliest
possible time in accordance with the prOVisions of Chapter 1066,
Senate BIll 1426, section 42 of the 1990 Session Laws.
Duly adopted this 4th day of February, 1991.
HARNETT COUNTY BOARD OF COMMISSIONERS
Attest: ~. i!..:t1:::d.
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Vanessa W, Young, cle~1
ATTACHMENT 13,
DISMISSED COSTS ADVANCED, TAX SUITS
RE: MONTHLY REPORT OF TAX SUITS STATEMENT Of FEES AND CHARGES DUE.
COMMENCED AND RELATED SERVICES,
MONTH Of JANUARY 1991 ATTORNEY
SUIT NO. *AMOUNT COL. **COURT
NAME COSTS FEES
A~g~rson creek Townshio 923,18 262,40 200.00
Ellis, Billy 90 CvD 1244 1,045,30 251,10 200.00
Pait, Juanita 90 CvD 1156
~verasboro Townshi~ 387,84 246,45 200.00
Aldinger, Mae Vann 90 CvD 1213 1,814,56 395,00 340.00
Godwin, Shannon 89 CvD 1498
Barbecue Townsh~~ 1,145,77 252,60 200,00
Swann, Earmon 90 CvD 1167
Black River Townshi~ 659,02 145,00 100.00
Cutts, Annie Mae 90 CvD 0610 8,762,41 351.70 340.00
Howard, Sr., Graham 89 CvD 1226 I
Grove Townshio 1,337.83 249,00 200,00
Evans, Christal V, 90 CvD 0049 248,95 200.00
Rowland, Hubert 90 CvD 0047 968,64
Johnsonville Townshi~ 773,85 250,40 200.00
Cameron, Oscar 90 CvO 1094
Stewart's Creek Townshi~ 856,14 336,40 290,00
Stewart, Janie E. 88 CvD 0692 857.07, 258,80 200,00
West, David W. 90 cvD 1071 19,531.61 3,247.80 2,670.00
subtotal
. t rest and Court costs. "
NOTE: * Total collected includes taxesf ~n ellowed by Court.
** Court costs includes attorney ees a
TOTAL ATTORNEY'S FEE $2,670,00
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153
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Statement
Page 2
February 4, 1991
Advanced Costs:
WI EXPLANATION CHARGE
1-1-91 Lillington Postmaster - postage
Strickland - 90 CvD 1583 4.20
1-2-91 Lillington Postmaster - certified mail
Ernest Harrington - 90 CvD 1232 2.20
1-2-91 Lillington Postmaster - certified mail
Annie Porter - 90 CvD 1341 4.20
1-2-91 Lillington Postmaster - certified mail
Bobby Smith - 90 CvD 1041 8.40
1-3-91 Sheriff of Wake County - service fee
Eugene Davis - 90 CvD 1237 5,00
1-3-91 Lillington Postmaster - certified mail
Eugene Davis - 90 CvD 1237 4,20
1-8-91 Sheriff of Wake County - service fee
Doris Broadwell - 90 Cvd 0537 5,00
1-8-91 Lillington Postmaster - certified mail
Doris Broadwell - 90 CvD 0537 10,60
1-9-81 Lillington Postmaster - certified mail
George Klamert - 90 Cvd 0217 8.40
1-11-91 Lillington Postmaster - certified mail
Johnny Griffin - 90 CvD 1189 2,20
1-18-91 Harnett County Clerk of Superior Court - costs
John David Lee - 87 evD 048 51. 00
Total Advanced Costs $105.40
~ BALANCE DUE S2, 775.40
E. Mars ail d,1.,1fw! aVI.
Post Office Box 39
Lillington, NC 27546
Telephone: (919) 893-5191
ATTACHMENT 14, STATE OF NORTH CAROLINA
COUNTY OF HARNETT
RESOLUTION
THAT WHEREAS, Harnett County is the home of many military
personnel, both those serving in regular military units and those
serving in reserve componentsJ and
WHEREAS, the Soldiers' and Sailors' Civil Relief Act is a
provision of Federal Law which grants certain types of relief and
protection to those military personnel meeting specified
cri teriaJ and
WHEREAS, one of the types of relief provided by such Act is
with respect to prQperty taxes which might be assessed by
governmental units under designated circumstancesJ and
WHEREAS, the Harnett County Board of Commissioners believes
and finds that Harnett County should authorize the taking by its
Tax Supervisor of all appropriate action consistent with existing
law and the circumstances under which certain military personnel
presently find themselves in order to provide property tax relief
to such personnel in accordance with the above referenced Act:
NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD
OF COMMISSIONERS, that the duly appointed Tax Supervisor of said
County is hereby authorized and directed to take all action which
is required and permitted by the Soldiers' and Sailors' Civil
Relief Act and is consistent with other provisions of law with
respect to the Harn~tt County property tax liability of any
military personnel entitled to relief under and pursuant to the
provisions of such Act.
DULY ADOPTED this the 4th day of February, 1991.
HARNETT COUNTY BOARD OF COMMISSIONERS
By: ~ !.?wa::'~~
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