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01062002HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting January 6, 2003 The Harnett County Board of Commissioners met in regular session on Monday, January 6, 2003, in the Commissioners' Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. • Members present: Teddy J. Byrd, Chairman Beatrice Bailey Hill, Vice Chairman Dan B. Andrews Walt Titchener Tim McNeill Staff present: Neil Emory, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Dwight W. Snow, County Attorney Vanessa W. Young, Finance Officer Kay S. Blanchard, Clerk to the Board Chairman Byrd called the meeting to order at 9:00 a.m. and Commissioner Andrews led the pledge of allegiance and prayer. Commissioner Hill moved to approve the agenda as published with the following items added to the consent agenda: additional budget amendments, award contract for Rail - Trail project, Juvenile Crime Prevention Council funding plan amendment, and Debt Setoff Program fee rider. Commissioner Titchener seconded the motion and it passed unanimously. • Upon motion by Commissioner Andrews and seconded by Commissioner McNeill, the Board unanimously approved the following items on the consent agenda: 1. Minutes: Regular meeting, December 2, 2002 Workshop, December 13, 2002 2. Budget Amendments: 192 Southwest Regional III Project (Fund 542-"REGIII") Code 542-9101-431.45-07 Phoenix Fabricators 14,130. increase 542-9101-431.45-80 Contingency 14,130. decrease 193 Aging (Fund 110-General) Code 110-0000-353.15-00 Contributions -RSVP 725. increase 110-7500-441.32-13 Special Projects -RSVP 725. increase 194 Revenues Fund 110-General Code 110-0000-354.01-01 Sale of Other Assets -Vans 4,650. increase 110-0000-347.10-00 Copy Fees -Board of Elections 800. increase 110-0000-367.00-00 Filing & Registration Fee 415. increase 110-0000-356.47-01 Reimbursements -South River Electric 84. increase 110-0000-356.51-01 Reimb. Inmates Confined Backlog 2,680. increase • 110-0000-399.00-00 Fund Balance Appropriated 8,629. decrease 195 Public Utilities (Fund 531-HCDPU) Code 531-0000-354.01-00 Sale of Other Assets 10,075. increase 531-0000-399.00-00 Fund Balance Appropriated 10,075. decrease 196 Automation Enhancement Fund (Fund 230-Automation Enhancement) Code 230-0000-322.40-03 Automation Enhancement 32,000. increase 230-0000-361.10-00 Interest 50. increase - -- 230-4800-410.32-03 Automation Enhancement 32,050. increase 198 Health (Fund 110-General Code 110-7600-441.32-26 Incentives 2,975. increase 110-7600-441.33-45 Contracted Services 24,192. increase 110-7600-441.41-11 Telephone & Postage 300. increase 110-7600-441.54-26 Advertising 1,000. increase 110-7600-441.55-12 Printing & Binding 700. increase 110-7600-441.58-01 Training & Meetings 1,900. increase 110-7600-441.58-14 Travel 4,957. increase 110-7600-441.60-33 Materials & Supplies 4,375. increase 110-7600-441.60-45 Drugs 7,479.increase 110-7600-441.60-47 Food & Provisions 600. increase 110-7600-441-64-25 Books & Publications 1,958. increase 110-0000-331.76-05 Health Promotion 14,008. increase 110-0000-331.76-06 Bioterrorism Preparedness 3,000. increase 110-0000-332.76-02 Family Planning 7,479. increase 110-0000-334.76-07 Child Service Coordination 1,757. increase 110-0000-334.76-01 Home Health -State 24,192. increase 201 Library (Fund 110-General) Code 110-0000-331.81-03 LSTA Digitization 6,019. increase 110-8100-450.74-75 Capital Outlay -Equip. 6,019. increase 205 Planning (Fund 110-General) Code 110-7200-465.74-74 Capital Outlay -Equip. 8,124. increase 110-7200-465.12-00 Salaries & Wages, p.t. 2,500. increase 110-7200-465.31-51 Hazardous Mitigation Plan 10,624. decrease 206 Sheriff (Fund 110-General) Code 110-0000-336.16-00 Federal Asset Forfeitures 2,200. increase 110-5100-420.60-33 Materials & Supplies 2,200. increase 207 MastpMlan Courthouse Capital Project (Fund 341-"COURTH" ) Code 341-0000-389.12-00 Interfund Trans. -COPS 2000 School 2,000. decrease 341-8341.410.45-80 Contingency 2,000. decrease 208 Rural Internet Access (Fund 110-General) Code 110-4920-410.60-33 Materials & Supplies 3,500. increase 110-4920-410.74-74 Capital Outlay -Equipment 8,500. increase 110-0000-353.24-00 Rural Economic Development 12,000. increase 209 Masterplan Courthouse (Fund 341 -"COURTH") Code 341-8341-410.33-45 Contracted Services 118,963. increase 341-8341-410.45-20 Legal & Administrative 17,963. decrease 341-8341-410.45-80 Contingency 101,000. decrease 210 Tax Collection Agency (Fund 722-Tax Collection Aaencv) Code 722-0000-331.20-00 Ad Valorem Taxes -Prior Year 11,425. increase 722-8026-419.82-02 DMV Distri.-Delinquent Angier 2,625. increase 722-8028-419.82-02 DMV Distri.-Delinquent Dunn 5,125. increase 722-8029-419.82-02 DMV Distri.-Delinquent Erwin 2,275. increase 722-8030-419.82-02 DMV Distri.-Delinquent Lillington 1,400. increase 211 Special Districts (Fund 242-Special Districts Code 242-0000-311.10-00 Ad Valorem Taxes -Current 4,000. increase 242-0000-311.20-00 Ad Valorem Taxes -Prior Year 7,900. increase 242-8001-420.82-20 Current Tax -Special School Dist. 4,000. increase 242-8001-420.82-20 Ad Valorem-Delinq-Sp. Sch. Dist. 1,600. increase 242-8011-420.82-20 Ad Valorem-Delinq-Cypress Crk. 600. increase 242-8015-420.82-20 Ad Valorem-Delinq-Flatwoods Fire 3,500. increase 242-8022-420.82-20 Ad Valorem-Delinq-Crain's Crk. 200. increase 242-8023-420.82-20 Ad Valorem-Delinq-Bunnlevel 2,000. increase 213 Western Harnett & Johnsonville School Project (Fund 547-"WH SCH") Code 547-9106-431.45-27 Utilities Plus -Construction 64,666. increase 547-9106-431.45-80 Contingency 64,666. decrease • • 214 Human Resources (Fund 110-General Code 110-7404-465.74-74 Capital Outlay 13,205. increase 116-7404-465.22-00 FICA Tax Expense 558. decrease 110-7404-465.12-00 Salaries & Wages, p.t. 7,300. decrease 110-7404-465.26-08 Worker's Compensation 110. decrease 110-7404-465.55-12 Printing & Binding 637. decrease 110-7404-465.60-33 Materials & Supplies 4,600. decrease 221 Airport Runway Extension Capital Project Fund 360-"RUNWAY") • Code 360-8360-465.45-30 Technical 13,049. increase 360-8360-465.45-80 Contingency 13,049. decrease 222 Sheriff (Fund 110-General) Code 110-0000-356.30-00 Insurance Claim 19,102. increase 110-5100-420.74-74 Capital Outlay 13,184. increase 110-5100-420.43-21 Maintenance & Repair Auto 5,918. increase 223 EMS (Fund 110-General) Code 110-0000-353.04-00 Donations -EMS 10. increase 110-5400-420.60-33 Materials & Supplies 10. increase 226 Sheriff (Fund 110-General Code 110-5100-420.74-74 Capital Outlay 29,226. increase 110-5100-420.60-33 Materials & Supplies 1,000. increase 110-5100-420.60-36 Uniforms 1,568. increase 110-0000-399.00-00 Fund Balance Appropriated 31,794. increase 227 Governing Body (Fund 110-General) Code 110-4100-410.31-32 Rails to Trails 30,100. increase 110-0000-334.41-03 Rails to Trails-NCDOT 30,100. increase • 229 Western Harnett Johnsonville School Project and 547-"WH SCH") Code 547-0000-389.50-00 Interfund Transfer from HCDPU 200,000. increase 547-9106-431.90-30 Interfund Transfer from HCDPU 200,000. increase 230 HCDPU (Fund 531-Public Utilities) Code 531-0000-399.00-00 Fund Balance Appropriated 200,000. increase 531-9000-431.90-50 Transfer to Western Harnett 200,000. increase 3. Tax refunds and releases (Attachment 1) 4. Change order for Western Harnett/Highland School Project (Attachment 2) 5. Authorization to accept additional Home & Community Care Block Grant funds (Attachment 3) 6. Authorization to accept Airport runway extension project reimbursement (Attachment 4) 7. Agreement with the Town of Lillington to transfer the Shawtown 2000 Community Development Block Grant Sewer System (Attachment 5) • 8. Resolution recognizing William Dan Andrews on award of North Carolina Farm Bureau Farmer of the Year (Attachment 6) 9. Award of bid to Mid -east Services, Inc. for contract in the amount of $29,500 for granite screenings paving project at Dunn -Erwin Rail Trail. The County has agreed to administer a $30,000. Department of Transportation grant received for the purpose of improvements to the trail. (Attachment 7 - bid tabulation) 10. Revised funding plan for the Juvenile Crime Prevention Council to reflect decrease in State funding. (Attachment 8) 11. NC Local Government Debt Setoff Clearinghouse Program Local Collection Assistance Fee Rider (Attachment 9) 822 Informal comments were received from the following citizens: Floyd Hein, Anderson Creek, expressed concerns regarding dog in his neighborhood, trash trucks with no covers, and a junk mobile home park on Ray Road. Nell McDonald, Peach Farm Road, expressed concerns with dogs running loose. John Lennon, Martin Gibson, and Ray Bean, Fuel Zone store near Spring Lake, expressed support of proposed township alcohol referendum. Wilton Lee, Rolling Springs subdivision, has a problem with cats in his neighborhood. Greg Phillips, 118 Avery Road, Erwin, echoed others' sentiments regarding dogs running loose. • Jennifer Walker, Director, Cooperative Extension, introduced Tyrone Fisher, new livestock agent. Commissioner Hill moved for the appointments listed below. Commissioner Andrews seconded the motion and it passed unanimously. Juvenile Crime Prevention Council All members appointed for 2-year terms to expire 01/31/05. nominated by Chairman Byrd Donald Andrews, Jerry Blanchard, Jim Burgin, Robert P. Cameron, Beatrice B. Hill, Claretta Johnson, Tom Lock, Alice Powell, Wayne Raynor, Lin Thomas, William A. Wilder, and Larry Rollins Harnett County Emergency Services Council Appointed for 3-year terms to expire 01/31/06. nominated by Commissioner Andrews Buster Johnson, Buren Fulmer, and Larry Rollins Industrial Facilities & Pollution Control Authority Tim McNeill for a 4-year term to expire 12/31/06 nominated by Chairman Byrd Transportation Advisory Board All members appointed for 1-year terms to expire 12/31/03 nominated by Chairman Byrd Wayne Raynor, May Marshbanks, Jerry Blanchard, Alvis Oldham, Steven Sorsch, Alice Powell, Charles Barefoot, Melanie Collins, Betty Lou Darroch, Jennifer Walker Judy Lucas, Mary Jane Sauls, Addie McLean, William A. Wilder, Tim McNeill, Eric Truesdale, and Neil Brown Johnston -Lee -Harnett Community Action Board Joyce Harris to replace Teddy Byrd nominated by Commissioner Hill Town of Angier Planning Board (ETJ) Steve Wicker, Debroah Keller, and Ted Altman nominated by Commissioner Titchener • Town of Coats Planning Board (ETJ) Dorsey Daniel and Helen Thompson nominated by Commissioner Titchener Voting delegate for Legislative Goals Conference, January 16-17: • Commissioner Dan Andrews nominated by Chairman Byrd Johnson Tilghman, Chairman, Harnett Forward Together Committee, presented a request from the committee for the Board to ask our legislators to change the general statutes to allow township voters to choose whether alcohol sales are permitted in their township. Commissioner McNeill made a motion to move forward to ask our legislature delegation to take action to allow township voters to choose whether alcohol sales are permitted in their township. Townships in which any incorporated area lies would be excluded except in the case of Little River Township. Commissioner Hill seconded the motion and it passed unanimously. 823 Chairman Byrd called to order a public hearing on a zoning change request from Enoch Engineers, landowner: Emmitt Edgerton Industrial Properties, Inc. from RA-30 to Industrial Zoning District, US Hwy. 301 S, Averasboro Township, 44.25 acres. Mark Locklear presented the application, staff recommendation, and noted that the Planning Board recommends approval of the request. Chairman Byrd opened the meeting for comments from the public. Jerry Hartgrove, Economic Development Director, discussed location of the property and potential for growth of industry in the County. There being no further comments, Chairman Byrd closed the public hearing. Commissioner Titchener moved to approve the zoning change request for Enoch Engineers from RA-30 to • Industrial Zoning District. Commissioner Andrews seconded the motion and it passed unanimously. Chairman Byrd called to order a public hearing on a proposed text amendment to the Zoning Ordinance regarding Family Care Facilities. Mark Locklear presented the proposed amendment, staff recommendation, and noted that the Planning Board recommends approval of the text amendment. Chairman Byrd opened the meeting for comments from the public. Pam Griffin, 274 Old Mill Rd., asked that we don't limit space for the elderly. There being no further comments, Chairman Byrd closed the public hearing. Commissioner McNeill moved to adopt the resolution regarding the text amendment as presented. Commissioner Andrews seconded the motion and it passed unanimously. (Attachment 10) Chairman Byrd called to order a public hearing on a proposed text amendment to the Water Supply Watershed Protection Ordinance. Joseph Jeffries, Chief Planner, presented the proposed amendment and staff recommendation. Chairman Byrd opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing. Commissioner McNeill moved to adopt the resolution regarding the text amendment to the Water Supply Watershed Protection Ordinance. Commissioner Andrews seconded the motion and it passed unanimously. (Attachment 11) • Chairman Byrd called to order a public hearing on a proposed text amendment to the Zoning Ordinance regarding bed and breakfast residences. Joseph Jeffries, Chief Planner, presented the proposed amendment and staff recommendation. Chairman Byrd opened the meeting for comments from the public. No comments were offered and Chairman Byrd closed the public hearing.. Commissioner Hill moved to adopt the resolution regarding the text amendment as presented. Commissioner Titchener seconded the motion and it passed unanimously. (Attachment 12) Wm. A. (Tony) Wilder, Assistant County Manager, introduced representatives from Charter Communications. The representatives discussed the reorganization and restructuring of the company as it relates to cablevision service in Harnett County. There was also discussion regarding Harnett County schools' communications needs. The Board requested an update from Charter Communications at a Board meeting in March. Departmental reports were filed with the Board from Veteran's Affairs, Housing, Economic Development, Animal Control, and Emergency Medical Services. Commissioner Hill moved that the Board go into closed session for the following purposes: 1) To discuss certain personnel matters; 2) To consult with the County Attorney concerning the handling of • certain judicial actions, namely, the Galley & Lord, Inc. bankruptcy U.S. Bankruptcy Court, Southern District of New York case no. 02-40445 - Beers Skanska, Inc. vs Harnett County Harnett County Superior Ct. File no. 02 CvS 2381; 3) To discuss matters relating to the location or expansion of industries or other businesses in Harnett County. This motion is made pursuant to N.C. General Statute Section 143-318.11 (a)(3)(4)&(6) Commissioner McNeill seconded the motion and it passed unanimously. 4 Commissioner Hill moved for the Board to come out of closed session. Commissioner Titchener seconded the motion and it passed unanimously. Commissioner McNeill moved to approve salary adjustments for four Public Utilities employees as listed below. Commissioner Andrews seconded the motion and it passed unanimously. Otis Knight from $31,231. to $34,000. Ronnie Thompson from $28,255. to $33,000. Curtis Spears from $31,845. to $34,500. Richard Wicker from $35,462. to $37,000. • There being no further business, Commissioner Hill moved for adjournment. Commissioner Andrews seconded the motion and it passed unanimously. The Harnett County Board of Commissioners' regular meeting, January 6, 2003, adjourned at 11:20 a.m. Tr J. By , airman Kay SO Blanchard, Clerk to the Board Attachment 1. MONTHLY REFUND REPORT CiE'iir".ty I;;�ss��3 �a O:.J,a�tst's_.,, �� Licensed Motor Vehicles i - • 30-Dec-02 D� J. � � �J ' - / BILL NAME AND ADDRESS REASON AMOUNT MONTHS YEAR MONTH TOWN NUMBER VEHICLE OWNED 2002527156 BERRIOS, ARVIN SURRENDERED TO COUNTY - 13.08 05 2002 01103 35 PROVIDENCE CT SALVAGE YARD FR24 -1.21 CAMERON, NC 28326-6968 TOTAL -14.29 2001671545 COTTONS BODY SHOP, INC VEHICLE SOLD COUNTY - 3.62 11 2001 01/03 DUNN P.O. BOX 1307 CI05 - 2.19 DUNN, NC 28335-1307 SC20 - .10 TOTAL - 5.91 2002524261 JEWELL, DEREK DON MILITARY COUNTY - 69.54 06 2002 01/03 28 PEBBLES CT EXEMPTION FR16 - 9.15 SANFORD, NC 27332-2196 TOTAL - 78.69 2001504293 NISSAN INFINITI LT VEHICLE SOLD COUNTY - 6.00 11 2001 01/03 P.O. BOX 660368 FR20 - .87 DALLAS, TX 75266-0368 TOTAL - 6.87 • 2 001675749 NORRIS, PAMELA RAE VEHICLE TOTAL COUNTY - 23.71 09 2001 01/03 1753 DOC'S ROAD LOSS FR20 - 3.43 LILLINGTON, NC 27546-8762 TOTAL - 27.14 2002810746 PAGE, AE KYONG VEHICLE TOTAL COUNTY - 26.33 06 2002 01/03 305 JOINT RD LOSS FR20 - 3.81 SPRING LAKE, NC 28390-7105 TOTAL - 30.14 2002501650 PITTENGER, REBECCA TOWNER VEHICLE TOTAL COUNTY - 5.90 04 2002 01/0i 365 EAST MAIN ST LOSS FR40 - .54 COATS, NC 27521 TOTAL - 6.44 u • 2002515321 RAINEY, LUCY WONG VEHICLE SOLD 2140 KEITH HILLS RD LILLINGTON, NC 27546 2002028157 LANNE, DAVID J & INCORRECT SQUARE WIFE FOOTAGE 99 CURTIS DR ERWIN, NC 28339 200239123 PEGRAM, BETTY DIXON OBX LISTED IN ERROR 1502 FAIRVIEW STREET DUNN, NC 28334 - Attachment 2. - CONTRACT FOR Contract I COUNTY - 127.83 04 2002 01/03 FR60 - 16.82 TOTAL - 144.65 COUNTYWIDE - 9,980 X .76 = 75.85 2002 01/03 GROVE FIRE - 9,980 X .08 = 7.99 TOTAL - 83.83 COUNTYWIDE - 14,048 X .76 - 106.76 2002 01/03 AVERAS. SCHOOL-14,048 X .02 = 28.10 TOTAL-134.86 ORDER NO. C ONTRACT CHANGE ORDER 2 DATE 11-18-02 STATE NC COUNTY Harnett OWNER County of Harnett, P.O. Box 1119,, Lillington,, NC 27546 - ro.Ut•i•lit es-.Plus.11 Inc.,*861I Hairs..C.hapel..-Church_Rd..Linden,4 NC 28356 (cenu.emq You are hereby requested to comply with the. following changes from the contract plans and specifications: Description of Changes DECREASE INCREASE (Supplemental Plans and Specifications Attached) in Contract Price in Contract Price $ See attached breakdown Items 1-7 31,132.60 671,798.59 TOTALS s 3 132 _60 -_-- 67,798.59 NET CHANGE IN CONTRACT PRICE s .__ _ 64, 665.99 - JUSTIFICATION: See attached breakdown The amount of the Contract will be ¢OAtIG M (Increased) By The Sum Of: Sixty—four thousand,, . • Six hundred Sixty—five dollars & 99/100---- Dollars(s 64,1665.99 ) Six hundred —Seventy The Contract Total Including this and previous Change Orders Will Be: thousand, Seven hundred Eighty—one & 12/100----bollars(s 670,781.12 ), The Contract Period Provided for Completion Will Be (Increased) (Decreased) (Unchanged): —Days This document will become supplem to the contract and all provisions will apply hereto. Requested ?/:�z / y3 — e (Owner) (Defe) Recommended �aO1�0 a ( ner'e Arehiteef/Ennineer) Accepted (Cen1rec1o0 (Dgte) 82 6., Attachment 3. Home and Community Care Block Grant for Older Adults DOA-731 (Rev. 1/00 County Funding Plan County: Harnett July 1, 2002 through June 30, 2003 County Services Summary Revised: December 2002 A B C D E F G Projected Reimbursemen H Pro)ected HCCBG I Projected Total Services Access Block Grant In -Home FurMin Required Net USDA Projected HCCBG In -home Aide LV.I Other Total Loral Match Service Cost SubsidyUnits Rate Clients Units Housin &Home Im rovement 69729 17450 7748 77477 gFunchn 7747 10 58 7747 30 In -home Aide LV I - DSS 12196413552 \ 1939 19389 135516 In home Aide LV A - D55 5102 ." Senior Center Operations 15000 567 5669 5669 Trans - General 7 13500 1667 16667 16667 _-. _� A 1000 i9000 �000 '� 20 Cobb Trans. - Medical 66019 7335 733S4 73354 Nutrition -Con re ate 80730 8970 89700 16685 106385 27600 3.25 Nutrition - Home Delivered 156672 17408 174080 29280 203360 48434 3,25 Nutrition - HD su lement 15879 1764 17643 3282 20925 5428 3.25 Nutrition -Con . ement 143 16 159 30 189 49 3.25 0 0 0 0 0 0 0 0 0 Total 179519 *Senior Center Operations 214245 268424 562188 62465 624654 49277 673931 94258 108 12747 Anderson Creek Senior center 5000 556 5556 Coats Senior Cent 5000 556 5556 Dunn Enrichment Center 5000 556er 5556 Non-HCCBG Legal 3438 382 3820 61gn)re,yha-� . rd f Commissioners Date-0 Attachment 4- AIRPORT NAME: Harnett County PROJECT #: 9.9945030 DESCRIPTION: Reimbursement - Runway Extension Constructiones Certification of Local Funds and Accountin Information Total State Aid Grant $100 000.00 Federal Block Grant;f0,00 Local Matching Funds Required In Kin rl -dS representing a 10% local share of the project I. Accounting System Information Official Name of Sponsoring Name of Budget Official Responsible for Project Accounting: Title of Budget Official Responsible for Project Accounting: Budget Official Address: • • Budget Official Telephone Number: FAX: 2. Certification of Local Funds Availability & Single Audit Accounting. I hereby certify that the local matching share of $ In Kind Funds required for this project has been officially approved, placed into the budget of the Sponsoring local governmental unit and will be available for expenditure • upon execution of the State Aid to Airports Grant Agreement and start of this project I further certify that the authority of the Sponsoring local governmental unit to enter into contracts with the state of North Carolina has been reviewed by the governmental attorney and, in his opinion, the Sponsoring local governmental unit is duly authorized to commit the Sponsor to an Agreement with the North Carolina Department of Transportation. I further certify that all expenditures on this project will be accounted for in a manner consistent with the requirements of the State Auditor, that the Sponsor has made appropriate arrangements to have its accounts audited on an annual basis in conformance with the Single Audit Act of the State of North Carolina, and that each annual Single Audit will contain the required information about this project. Name of Sponsoring Local Governmental Attachment 5. NORTH CAROLINA AGREEMENT TO TRANSFER THE SHAWTOWN 2000 COMMUNITY HARNETTCOUNTY DEVELOPMENTBLOCKGRANT SEWER SYSTEM • THIS AGREEMENT, made and entered into this the ]Y,-A day of January, 2003 by and between the COUNTY OF HARNETT, a body politic organized and existing under the laws of the State of North Carolina, hereinafter referred to as the "County", and the TOWN OF LILLINGTON, a municipal corporation organized and existing pursuant to the laws of the State of North Carolina, hereinafter referred to as the "Town'; WITNES SETH: WHEREAS, the County obtained a Small Cities Community Development Block Grant (CDBG) for the construction of sewer improvements in the Shawtown Community in 2000; and WHEREAS, the plans for the 2000 CDBG project provide for the sewer improvements to be connected to the Town's sanitary sewer system; and WHEREAS, the County has obtained the necessary real property and easement rights and has further completed the construction of the sewer improvements pursuant to the 2000 CDBG sewer project plans; that the Town is ready to accept the flow from the said sewer project and to manage the operations of the system; that the parties desire through this instrument to set forth their • agreement concerning the transfer of this sewer system from the County to the Town. NOW, THEREFORE, for and in consideration of the mutual representations, covenants and agreements contained herein and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: i. The County agrees to convey to the Town by appropriate conveyance all of the County's ownership rights to the real property, easements, pump station, sanitary sewer lines and appurtenances constructed pursuant to the 2000 CDBG sewer project, excluding taps and private service lines. The County shall also convey sites and easements to the Town for the maintenance, repair and replacement of said sewer lines and appurtenances. The Town agrees to accept ownership of the pump station, all sanitary sewer lines, appurtenances, sites, and easements conveyed by the County. It is understood that taps and private service lines are the responsibility of the private owners. 2. The Town agrees to accept the flow from the sanitary sewer lines constructed by the County as specified in its CDBG Shawtown project. • 3. The County shall convey said sewer collection system to the Town free and clear of any liens and encumbrances, shall certify to the Town that the construction of same has been made in a workmanlike manner, and shall provide to the Town "as built" drawings of the 2000 CDBG sewer project systems. The County shall provide to the Town a twelve month warranty which shall begin from the date the sewer collection system is first operated and managed by the Town; that the warranty shall provide and warrant that said lines and appurtenances are fit for the purpose for which they were constructed and that there are no defects in the construction of said lines and appurtenances. The County shall be responsible to remedy any and all defects and shall make any repairs or replacements needed during the twelve month warranty period; at the expiration of the 2 o- o Y twelve month warranty period the Town shall become responsible for all subsequent defects, repairs or replacements for said sewer system. 4. The County agrees to convey to the Town by appropriate conveyance, within thirty days of the final party to approve and execute this Agreement, the following. (a) that sewer lift station located at 240 Murchison Lane; (b) those sewer lines which run to said lift station and serve the following right of way roads: Shad Lane Bailey Way from Johnsontown Road to Shawtown Road Johnsontown Road Sheldon Drive Holy Mission Lane Shawtown Road. from Bailey Way Road to Murchison Lane Lockhart Lane Murchison Lane Old Arlington aka Cater Drive Reo Drive (c) that sewer force main line which runs from the 240 Murchison Lane lift station north to Patterson Street; (d) those sites and easements for the repair, maintenance and replacement of said sewer system. 5. The Town agrees to accept ownership of the said lift station, sewer gravity lines and sewer force main line, along with said easements. 6. The Town agrees to accept the flow from the 240 Murchison Lane lift station. 7. The terms, conditions and provisions contained in this Contract shall be binding on the parties hereto and their successors and assigns. s_ This contract is governed in all respects by the laws of the State of North Carolina and all obligations are enforceable in accordance therewith. 9_ This Contract may be executed in any number of counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the County has caused this Contract to be signed by its Chairman of the Board of Commissioners, attested by its Clerk and its official seal affixed, all by authority of the respective governing boards, and the Town. has caused this Contract to be signed by its Mayor, attested by its Clerk and its corporate seal affixed. COUNTY HARNETT By: eddy J. B r ATTEST: /J�C�c[1hC� Kay 9j. Blanchard, Clerk TOWN OF LILLINGTON By: 7Gr a .Smith, ayor ATT 5T: e B. Wilson, Clerk is • • • • 0 3 NORTH CAROLINA HARNETT COUNTY I, a Notary Public of the County and State aforesaid, certify that Teddy J. Byrd personally came before me this day who being by me duly sworn, deposes and says: that he is the Chairman ofthe Harnett County Board of Commissioners and Kay S. Blanchard is the Clerk of said Board, that the seal affixed to the foregoing instrument is the official seal of Harnett County, that said instrument was signed by him, attested by said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners of said County, and the said Teddy J. Byrd acknowledged said instrument to be the act and deed of Harnett County. Witness my hand and official stamp or seal, this b day of 2003 My Commission Expires: I l—ILLCco NORTH CAROLINA HARNETT COUNTY P�....... a TA/? ,. Notary Public = 0.0 BLIG I, a Notary Public of the County and State aforesaid, certify that Grover A. Smith personally came before me this day who being by me duly sworn, deposes and says: that he is the Mayor of the Town of Lillington and Vickie B. Wilson is the Clerk of said Town, that the seal affixed to the foregoing instrument is the official seal of the Town of Lillington, North Carolina, that said instrument was signed by him, attested by said Clerk and the Town's seal affixed thereto, and the said Grover A. Smith, Mayor of the Town of Lillington, acknowledged said instrument to be the act and deed of the Town of Lillington, North Carolina. ��, Witness my hand and official stamp or seal, this 17'-' day of 2003. my --Co ssi-o-nExpires: (i r.) 0 T. "" N ubliC 5 ,%pTARY PUMA Attachment 6. Harnett COUNTY NORTH CAROLINA www.harnett.org - RESOLUTION --_. ___------_._ _ • William Dan Andrews Whereas, fanning has long served as the social and economic cornerstone upon which Harnett County was built; and Whereas, our county farmers continue to play a vital role in the future of our community, and Whereas, William Dan Andrews through his efforts and dedication exemplifies the professionalism exhibited by today's young farmer; and Whereas, his accomplishments in farming were recently recognized by his selection as North Carolina's Farmer of the Year by the North Carolina Farm Bureau; and Whereas his selection to receive this prestigious award is a positive reflection upon him as well as the dedication and commitment his family has made over past generations. Now Therefore Be It Resolved, that the Harnett County Board of Commissioners does hereby congratulate and commend Mr. William Dan Andrews for his receipt of this honor and does thank him on behalf of the citizens of the County for his dedication and commitment to agriculture. Adopted this 6t1i day of January, 2003. HARNF.TT CNTY BOARD OF COMMISSIONERS OU 4 LIA • Teddy d, Ch rman a Beatrice B. Hill, Vice Chair Dan B. Andrews 'Wall Titchener Tim McNeill strong roots • new growth Attachment 7. GRANITE SCREEINGS PAVING PROJECT BID TABULATION Mid -East Services Inc. Walker Construction ITEM DESCRIPTION ESTIMATED OUANTITY UNIT PRICE EXTENDED TOTAL UNIT PRICE EXTENDED TOTAL 1 G nite screenings paving w ie a Veatment, comp a and in4.3 piece miles $6,860.47 MAO mile $29,500.00 $14,593.02 /0.10 mile $62,750.00 TOTAL CONSTRUCTION COST BID $29 500.D0 $62 750-00 1, Parker L. Lambert, PE, certify that that all numbers shown are accurate as received at the time of the bid opening. Furthermore, that this bid Is complete based on my best professional knowledge and judgement after canvassing. • • Attachment 8. DJJDP County Funding Plan Available Funds: $ 226*303 Local Match $33,867 Rate 10 A Program Agreement Form for each program listed below is included as an attachment to the Community Prevention and Intervention Plan 1. Woodrow Scoggins Trans. 15,000 1 1,500 -0- 391,297 407,797 2. Specialized Foster Care 38,000 8,792 7,956 15,444 70,192 3. Hillcrest Shelter 35,100 3,900 -0- -0- 39,000 4. Juvenile Restitution/ Comm Ser 73,540 1,200 7,200 7,000 '.88,940 5.1 Youth Issues 10,000 1 18,475 -0- -0-1 28,475 Intensive Home -Based 7. Kid!s R Us 7,868 -0- 1,760 8. Court Psychologist 4,580 -0- 1,071 -0- 5,651 9. JCPC Administration 4,215 -0- -0- -0- 4,215 TOTALS: 226,303 33,867 21,787 413 741 [695,698 The above plan was derived through a planning process by the Harnett County Juvenile Crime Prevention Council and represents the County's Plan for use of these funds in FY 2002-2003 01 •04160/d2d &Zhaixpoon, Juvenile Crime Prevention Council (Date) Chairperson, Board of County Commissioners (Date) Attachment 9. Rev.11/22/02 NC Local Government Debt Setoff Clearinghouse Program Local- Collection- Assistance Fee Rider This Local Collection Assistance Fee Rider (the "Rider") is hereby made a part of that Memorandum of Understanding and Agreement (the "Agreement") entered into between the parties regarding the NC Local Government Debt Setoff Clearinghouse Program and in accordance with Section X(A) thereof, modifies and amends said Agreement as provided. • RECITALS WHEREAS, recent amendments to the ACT provide for local collection assistance fees which are to be added to debts submitted to the DEPARTMENT for collection; and, WHEREAS, the DEPARTMENT has clarified its procedures regarding the allowable methods of computing those debts which may be submitted for setoff; and, WHEREAS, because of the statutory and other modifications described, and to provide for their appropriate implementation, it is necessary to amend the Agreement as hereinafter provided. NOW, THEREFORE, it is agreed.and understood that the Agreement shall be modified and amended as follows: 83 1. Section II, paragraph A is deleted in its entirety and in lieu and substitution thereof, the following is inserted: A. CLAIMANT AGENCY hereby designates, appoints; and authorizes CLEARINGHOUSE to process delinquent debts to be submitted to Department. For purposes of the Debt Setoff Clearinghouse Program, "DELINQUENT DEBT" is defined to mean- (i) a single account or monetary obligation.whichis,at least $50 owed by a debtor to a claimant agency; or, (ii) a group of accounts or single monetary obligations, each of which is less than $50, that have been combined to total at least $50, owed by the same debtor to a claimant agency; or, (iii) a combination of two or more ' accounts or monetary obliP&M, ane of which i:i at least $50 and the remainder of which when added together equal less than $50, owed by the same -debtor to a claimant agency. Each account or monetary obligation may have accrued through contract, subrogation, tort, operation of law, or any other legal theory regardless of whether there is an outstanding judgment for the sum. To become a delinquent debt a period of 60 days must have elapsed between the time CLAIMANT AGENCY declares all of the applicable accounts or monetary obligations delinquent and the date the delinquent debt is submitted to CLEARINGHOUSE for collection. 2. As its second sentence, the following sentence is added to Section II, paragraph C: Such participation form shall be updated on an annual basis and at any time there is a change in the information provided. thereon. CLEARINGHOUSE shall administratively provide participation forms, as needed, for use by CLAIMAINT AGENCY. 3. The first sentence of Section II, paragraph D is rewritten to read as follows: CLAIMANT AGENCY shall use a file specified by CLEARINGHOUSE to prepare "debt files,' and adjustments to debt files that CLAIMANT AGENCY certifies to CLEARINGHOUSE are owed to. CLAIMANT AGENCY and that CLAIMANT AGENCY desires. to have CLEARINGHOUSE submit to DEPARTMENT for setoff as shown on.a document to be administratively. supplied by CLEARINGHOUSE entitled "File Layouts for Submission of Debts from CLAIMANT AGENCY to . CLEARINGHOUSE." 4. The word "attached" is deleted, from the. last sentence of. Section III, paragraph B. 5. Section IV, paragraphs A and. B are deleted- in their entirety and in lieu and substitution thereof, the following are inserted: A.. To recover the costs incurred by DEPARTMENT in collecting debts, it imposes a collection assistance fee on. each debt collected through setoff. DEPARTMENT must collect this fee as part of the debt and retain it. To recover the' costs incurred by claimant agencies in submitting debts for collection, a local collection assistance fee of $15 dollars is imposed on each. delinquent. debt submitted to DEPARTMENT and collected through set off. DEPARTMENT - - - - - ----- - ---must- collect this fee as part of the debt ancf remit it to CLEARINGHOUSE. If CLAIMANT AGENCY is due a refund of more that $50 dollars, DEPARTMENT sets the tax refund off in the amount of the delinquent debt plus.its collection assistance fees and the local collection assistance fee. If DEPARTMENT is able to collect only part of a debt through setoff, its collection assistance fee has priority over the local collection assistance fee and over the remainder of the delinquent debt. The local collection assistance fee has priority over the remainder of the delinquent debt. B. DEPARTMENT has priority over all other claimant agencies whenever it is a competing. agency for a refund. State agencies have priority, over local agencies. When multiple claims among local agencies are submitted for setoff to CLEARINGHOUSE, the claims have priority based on the date and time each local agency requested CLEARINGHOUSE to submit debts on its behalf. The date and time of submission of the debt file shall constitute the date and time to establish the priority. CLEARINGHOUSE shalluse submission receipt date and time of original file for "priority date and time of specific. debt. Additions to a delinquent debt through accrued interest and/or penalties will not change the priority. date. . Any "new" delinquent debt for same CLAIMANT AGENCY will have a newsubmission date and time, including new debts fora previously submitted debtor. A delinquent debt submitted to CLEARINGHOUSE that has been reduced, by setoff or otherwise; to an amount of less than $50 may lose its existing priority. If such delinquent debt is thereafter combined with a future delinquent debt submission for the same debtor and thereby becomes eligible • • • 333 • • • for setoff, it shall .be treated as a part of the "new" debt and shall be assigned priority based on the .future submission. If such delinquent debt, through the addition of.interest or penalties, is thereafter increased to an amount of at least $50 and thereby becomes eligible for set off, such debt shall retain its original priority. 6. Section V entitled "Compensation" is deleted in its entirety and in lieu and substitution thereof, the following is inserted: COMPENSATION A. CLEARINGHOUSE shall receive as compensation for its services - - the $15 local collection assistance fee -that is :imposed by DEPARTMENT on each delinquent debt that is submitted by CLEARINGHOUSE and collected through a successful interception. "SUCCESSFUL INTERCEPTION" is defined to mean the DEPARTMENT matched all or a portion of a debt submitted by CLEARINGHOUSE against a State tax refund for interception and payment towards a delinquent debt owed to CLAIMANT AGENCY. B. CLAIMANT AGENCY, by the execution of this agreement, authorizes CLEARINGHOUSE to retain the $15 local collection assistance fee imposed on each delinquent debt for each successful interception. CLAIMANT AGENCY further authorizes CLEARINGHOUSE to retain the local collection assistance fee collected by it in the event CLAIMANT. AGENCY is required, by statute or otherwise, to return to a debtor funds that have been set off by DEPARTMENT. C. CLAIMANT AGENCY may not combine individual delinquent debts of at least $50 each by delinquent debtor name and social security number for submission to CLEARINGHOUSE. Multiple debts of less than $50 owned by the same debtor to a claimant agency, and one debt of less than $50 and a debt of at least $50 may be combined to meet the $50 threshold and thereby constitute a delinquent debt which maybe submitted to CLEARINGHOUSE. D. Existing submitted delinquent debts may adjusted upwards for interest, fees etc., and will retain their original priority order, but not a later new delinquent debt, even if from the same debtor. New debts will be date stamped by CLEARINGHOUSE with the later submission date. E. In the event of partial: payment of ` a delinquent debt, the CLAIMANT AGENCY may continue to submit the balance of the debt, if $50 or more, as a part :of subsequent data files. If the delinquent debt is reduced to an amount of less than $50, it may be combined with a future delinquent debt submission for the same debtor, and will be treated as a part of the "new" delinquent debt. for purposes of priority and imposition of the local collection assistance fee. 7. All attachments to the Agreement are deleted. Items originally attached to the Agreement will be administratively -provided -to- CLAIMAINT AGENCY by CLEARINGHOUSE as needed and as otherwise specified in the Agreement. 8. It is acknowledged that in accordance with the recent legislative amendments to the ACT, beginning. January 1, 2003, the effective date of the amendments, the $15 local collection assistance fee will be added to all delinquent debts submitted to DEPARTMENT for setoff. Additionally, it is understood that the legislation requires that CLAM4ANT AGENCY notify a debtor that a local collection assistance fee of $15 will be added to a debt if it is submitted for setoff. CLAIMANT AGENCY agrees, as of the effective date of the amendments, to comply with the notice and hearing requirements set forth in the ACT, as amended, with respect to boththose delinquent debts previously submitted by it that remain uncollected through setoff and those to be submitted prospectively.. CLAIMANT AGENCY further agrees to comply with the provisions of the ACT as set forth in the Agreement. 9. Except as set forth in this Rider, all terms and provisions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties Hereto have caused this Agreement to be executed as of all by authority of their respective governing.bodies. NORTH CAROLINA GOVERNMENT DEBT. SETOFF CLEARINGHOUSE (City/Town/ un By: (Authorized Official) LOCAL By: S. Ellis Hankins, Executive Director NC League of Municipalities Attachment 10. - - HARNETT COUNTY, NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE TEXT WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance on July 18, 1988 and June 5, 2000 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A-340; and WHEREAS, the Zoning Ordinance contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to Article III and Article XV of the Zoning Ordinance and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Article VI. Sections 4.1F, 5.1G, 6.OJ, 7.1H of the Zoning Ordinance be amended by adding the following new text to the current text as follows: (No Family Care Facility shall be located within a one-half mile radius of an existing Family Care Facility). Duly adopted this 6* day of January, Two Thousand Three and effective upon adoption. (:TT COUNTY BOARD OF COMMISSIONERS Cg-ddy J. Byrd anChairm ATTEST: HARNETT COUNTY, NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY WATER SUPPLY WATERSHED MANAGEMENT AND PROTECTION ORDINANCE WHEREAS, the Board of Commissioners of Harnett County adopted The Harnett County Water Supply Watershed Management and Protection Ordinance on November 15, 1993. WHEREAS, this Ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A-340; and WHEREAS, the Harnett County Planning Board has reviewed the proposed amendment to Article 200 Development Regulations, Section 204 Buffer Areas Required of The Harnett County Water Supply Watershed Management and Protection Ordinance and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Article 200 Development Regulations, Section 204 Buffer Areas Required of The Harnett County Water Supply Watershed Management and Protection Ordinance be amended by deleting Article 200 Development Regulations, Section 204 Buffer Areas Required and substituted as follows therefore: 200 Development Regulations, Section 204 Buffer Areas Required Within the WS-IV-PA Watershed District, a minimum of a one hundred (100) foot vegetative buffer for development activities that exceed the low density standards as established in this ordinance is required along all perennial waters indicated on the most recent versions of the U.S.G.S: 1:24,000 (7.5 minute) scale topographic maps, otherwise a minimum of thirty (30) foot vegetative buffer is required. Duly adopted this 6th day of January, Two Thousand three and effective upon adoption. RARN*TT COUNTY BOARD OF COMMISSIONERS AL&VALO T d Byrd CFrAIRMAN • • u ATTEST: D® / / 6m 3X AA4-4 ia.�� Kay S. Planchard Clerk to the Board ' Attachment 12. • • is HARNETT COUNTY, NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE TEXT WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance on July 18, 1988 and June 5, 2000 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A-340; and WHEREAS, the Zoning Ordinance contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to Article VI and Article XV of the Zoning Ordinance and recommends the adoption of the following amendment NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Article VI. Sections 4.2, 5.2, 6.2, 7.2 of the Zoning Ordinance be amended by adding the following new text to the current text as follows: Bed and Breakfast Residence (a) The operator of the bed and breakfast residence may be the owner of the dwelling or a resident manager, but must occupy the dwelling as a principal residence. (b) Guest stays shall be limited to fourteen (14) consecutive days. (c) Meals may be provided to overnight guests only, and no cooking facilities may be provided in guest rooms. (d) Should comply with all local and state regulations. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Article XV. Definitions, of the Zoning Ordinance be amended by adding the following new text to the current text as follows: Bed and breakfast residence: The use of part of a dwelling to provide short-term lodging to guests for compensation, with or without the provision of breakfast to overnight guests, where no more than ten (10) guest rooms are involved (but not including 8&B homestays, and not including hotels, where the provision of lodging is the principal use). Duly adopted this 6a' day of January, Two Thousand Three and effective upon adoption. TT COUNTY BOARD OF COMMISSIONERS - ,Y 41 Byrd,' - y. ATTEST: Kay S. B&nchard Clerk To The Board