012820wsaHarnett County Board of Commissioners
Work Session
Tuesday, January 28, 2020
9:00 am
9:00 am Call to order, Pledge of Allegiance and Invocation
9:15 am Discuss the Central Carolina Tire Disposal Franchise Agreement, Chris Appel
and Reggie Kelly
9:45 am Community Paramedic Program, Larry Smith and Alex Belanovich
10:15 am Discuss request for a Constitutional Rights Protection Resolution
10:30 am Finalize the County's Legislative Priorities
11:00 am County Manager's Report:
February 3, 2020 Regular Meeting Agenda Review
Review applications to serve on Boards and Committees
- Invitations and upcoming meetings
Confirm date for Appreciation Reception
11:30 am Closed session
12:00 pm Adjourn
5c.e 0..h, 4u ‘d
cued $ 11' Ion
Prepared by Dwight W. Snow, Attorney at Law, P.O. Box 397, Dunn NC 28335
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
FRANCHISE AGREEMENT
CENTRAL CAROLINA TIRE DISPOSAL
This Franchise Agreement ("Agreement") is made and entered into as of the 6TH day of
August, 2002 by and between Harnett County, a body corporate and politic existing under the laws
of the State of North Carolina ("County") and Central Carolina Holdings, LLC, a North Carolina
limited liability company d/b/a Central Carolina Tire Disposal (collectively "CCTD").
WHEREAS, the Division of Solid Waste Management of the State of North Carolina
Department of Environment, Health, and Natural Resources issued CCTD a Solid Waste Permit
043-04) for the operation of a tire landfill facility on March 16, 1992 (as amended February 20,
1996, September 26, 1996 and August 21, 2001) and a Solid Waste Permit (#43-08) for the operation
of a scrap tire collection and processing facility site on February 18, 1993 (as amended January 4,
1995, March 7, 1995, February 17, 2000, August 24, 2000 and August 21, 2001); and
WHEREAS, pursuant to such Permits CCTD has vested rights to operate a tire landfill
facility and scrap tire collection and processing facility sited at the end of dead-end SR 1105 in
Harnett County, North Carolina (the "Facility") and is currently operating such Facility; and
WHEREAS, CCTD is required to obtain a franchise to operate the Facility from the County
and the County wishes to grant CCTD such franchise.
NOW, THEREFORE, in consideration ofthe mutual covenants contained herein, County and
CCTD, intending to be legally bound hereby, agree as follows:
l Grant of Franchise. Pursuant to N.C.G.S. 130A-294, County hereby grants CCTD a non-
exclusive franchise to operate the Facility at its current location, as the same may be
expanded from time to time pursuant to permits issued by the State of North Carolina.
2. Term of Franchise. The franchise granted hereunder shall have an initial term of twenty (20)
years.
3. Waste Stream. The waste stream that may be accepted by the Facility shall be comprised of
waste or debris resulting from rubber vehicle tires. The annual tonnage accepted shall not
exceed 300,000.
4.a. Facility Life. The useful life of the existing landfill and proposed expansion to this landfill,
consisting of a total footprint of 240 acres, will have a remaining life of 60 years, based on
assumed growth to the above annual tonnage from the service area specified below
translating to annual landfill volume consumption of approximately 727,000 cubic yards per
year.
4.b. Service Area. The population to be served by the Facility shall consist of commercial,
industrial, corporate, and individual users of rubber tires primarily from North Carolina's
8,049,000 residents (2000 Census). However, the Facility shall be available to users from
South Carolina, Virginia, West Virginia, Georgia, and Tennessee as well.
5. Compliance with Law. CCTD shall operate the Facility in accordance with all applicable
laws and regulations including any Harnett County land use regulations ,and shall further
comply in all material respects with any Permit issued by the State of North Carolina.
6. Assignability. The franchise granted hereunder shall not be assigned without the prior
written authorization from the County.
IN WITNESS WHEREOF, County and CCTD have executed this Franchise Agreement as
of the day and year first written.
CENTRAL CAROLINA HOLDINGS, LLC BOARD OF COMMISSIONERS
FOR THE COUNTY OF HARNETT
Name: Thomas Womble
Title: Manager
2
By:
Nam' 'Teddy J,
Title: Chairman
ATTEST:
�•
Kay S. $lanchard
Clerk to the Board of Commissioners
NORTH CAROLINA
HARNETT COUNTY
I, a notary public, hereby certify that Thomas Womble, Manager of Central Carolina
Holdings, LLC, a limited liabilitycompany, personally appeared before me this built ,�.
acknowledged the due execution of the foregoing ins,/rume t on behalf of the' ,,,......0,
Witness my hand and official seal, this the f d • of August, 200 T10 T s2�
0:4 ..... •
/� ..,
y :, U$t IC ,:�v '
COUN
.,.,..,,
My commission expires: f p1- /L/?a
NORTH CAROLINA
HARNETT COUNTY
otary Public
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
of the 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 day of tar 2002.
My Commission Expires: I( -11+-0(.0
3
ua iar
Notary Public
T am .•o y
• 7,fj. AUBLiC% , •
•
STATE OF NORTH CAROLINA
HARNETT COUNTY
AMENDMENT TO FRANCHISE AGREEMENT
CENTRAL CAROLINA TIRE DISPOSAL
THIS AMENDMENT TO FRANCHISE AGREEMENT CENTRAL
CAROLINA DISPOSAL ("Agreement") is made and entered into as of the 16th day of
August, 2004, by and between Harnett County, North Carolina; a body politic existing
under the laws of the State of North Carolina ("County") and Central Carolina Holdings,
LLC, a North Carolina limited liability company, d/b/a Central Carolina Tire Disposal
(collectively "CCTD").
WITNESSETH:
WHEREAS, On August 5, 2002, the County and CCTD entered into a Franchise
Agreement, wherein the County granted a non-exclusive franchise to CCTD, pursuant to
North Carolina General Statute §130A-294, for a term of twenty (20) years, to operate the
Facility, as defined in the original Franchise Agreement; and
WHEREAS, Article 4.b. of the Franchise Agreement defined the Service Area to
be served by the Facility, which included North Carolina, South Carolina, Virginia, West
Virginia, Georgia and Tennessee; and
WHEREAS, the population of the State of North Carolina, 8,049,000 residents
(2000 Census), was specifically defined in the Service Area of the Franchise Agreement,
but while the remaining states were specifically listed, the Franchise Agreement did not
recite the populations of said states; and
WHEREAS, the County and CCTD wish to amend the Franchise Agreement, in
order to insert the populations of the states of South Carolina, Virginia, West Virginia,
Georgia and Tennessee, to clarify the intent of both the County and CCTD, when the
parties entered the original Franchise Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein;
County and CCTD, intending to be legally bound hereby, agree as follows:
1. Article 4.b. of the original Franchise Agreement between the County and
CCTD, dated August 5, 2002, entitled, "Service Area," is hereby deleted. Article 4.b.
shall be replaced by the following language:
4.b. Service Area. The population to be served by the Facility shall consist of
commercial, industrial, corporate; and individual users of rubber tires from North
Carolina's 8,049,000 residents, Georgia's 8,186,453 residents, South Carolina's
4,012,012 residents, Tennessee's 5,689,283 residents, Virginia's 7,078,515 residents and
West Virginia's 1,808.344 residents (all based on the 2000 Census).
2 All of the other terms and conditions of the original Franchise Agreement
shall remain the same as originally agreed upon and as set forth in the original Franchise
Agreement.
IN WITNESS WHEREOF, County and CCTD have executed this Amendment to
Franchise Agreement as of the day and year first above written.
CENTRAL CAROLINA HOLDINGS, LLC
By:
Name: Thomas Womble
Title: Manager
BOARD OF COMMISSIONERS
FOR THE OUTNY OF HARNETT
By: d /41-01-4 4-4, L'
Name''eddy Byrd �I
Title: Chairman
ATTEST:
xd
Kay S. Blanchard
Clerk to the Board of Commissioners
"*/:-
-
/:
• .,a
NORTH CAROLINA
HARNETT COUNTY
1, a notary public, hereby certify that Thomas Womble, Manager of Central
Carolina Holdings, LLC, a limited liability company, personally appeared before me this
day and acknowledged the due execution of the foregoing instrument on behalf of the
company.
Witness my hand and.cl�c ial seal, this the /w
c_/e �OTAR .yam
•
•
Ei ***
NSU_
My commission exEsi�41-,..
"-„60.4765;
ice V •M..•..•• � ♦♦
'��, N c ouN .♦♦
•
*********************
%%%%%%%
``%% % /14,'
NORTH CAROLINA
HARNETT COUNTY
day of August, 2004.
Notary Public
I, a Notary Public of the County and State aforesaid, certify that Teddy J. Byrd
personally came before me this day, who being duly sworn, deposes and says: that he is
the Chairman of the 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 /4 71/ day of August, 2004.
Official Seal
North Ca robna • Harnett County
DWIGHT W. SNOW
WWI Public
es
My Camr► F.�1missioDec. 9.2005
My Commission Expires: /2/q/toa6
i li% c1 ✓
Notary Public
TELEPHONE 910.892-8199
FACSIMILE 910492-5487
DWIGHT W. SNOW
ATTORNEY AT LAW
302 W. EDGERTON STREET
DUNN, NORTH CAROLINA 28334
August 3I, 2004
Ms. Kay Blanchard
Harnett County Manager's Office
P. O. Box 759
Lillington, North Carolina 27546
RECEIVED
SEP 0 1 2004
HARNETT COUNTY
MANAGERS OFFICE
MAILING ADDRESS
P. O. BOX 397
DUNN. NC 28335
e,T J MightSno.enc.er.com
Re: Amendment to Franchise Agreement with Central Carolina Tire Disposal
Dear Kay:
Enclosed you will find the original and executed Amendment to Franchise Agreement between
Harnett County and Central Carolina Tire Disposal. The duplicate original of this Amendment has
been retained by Attorney Tilghman Pope who represents Central Carolina Tire Disposal. Please
retain this amendment with the other franchise documents between these parties.
Sincerely yours,
Dwight W. Snow
DWS:Ip
Encs.
STATE OF NORTH CAROLINA
HARNETT COUNTY
AMENDMENT TO FRANCHISE GRANTING ORDINANCE AND AGREEMENT
FOR CENTRAL CAROLINA TIRE DISPOSAL
THIS AMENDMENT TO FRANCHISE GRANTING ORDINANCE AND
AGREEMENT FOR CENTRAL CAROLINA TIRE DISPOSAL ("Agreement") is made and
entered into as of the .Lad day of May, 2005, by Harnett County, North Carolina, a body
politic existing under the laws of the State of North Carolina ("County") and Central Carolina
Holdings, LLC, a North Carolina limited liability company, d/b/a Central Carolina Tire
Disposal (collectively "CCTD").
WITNESSETH:
THAT WHEREAS, on August 5, 2002, the County adopted an Ordinance Granting a
Scrap Tire Collection, Processing and Landfill Service Franchise to Central Carolina Holdings,
LLC d/b/a Central Carolina Tire Disposal; subsequent thereto the County and CCTD entered
into a Franchise Agreement, wherein the County granted a non-exclusive franchise to CCTD,
pursuant to North Carolina General Statute §130A-294, for a term of twenty (20) years, to
operate the Facility, as defined in the original Franchise Agreement; and
WHEREAS, Article 4.b. of the Franchise Agreement defined the Service Area to be
served by the Facility, which included the States of North Carolina, South Carolina, Virginia,
West Virginia, Georgia and Tennessee; and
WHEREAS, the population of the State of North Carolina, 8,049,000 residents (2000
Census), was specifically defined in the Service Area of the Franchise Agreement, but while
the remaining states were specifically listed, the Franchise Agreement did not recite the
populations of said states; and
WHEREAS, the County and CCTD wish to amend the Ordinance/Franchise
Agreement, in order to insert the populations of the states of South Carolina, Virginia, West
Virginia, Georgia and Tennessee, to clarify the intent of both the County and CCTD when the
parties entered into the original Franchise Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
County and CCTD, intending to be legally bound hereby, agree as follows:
1. Article 4.b. of the original Franchise Agreement between the County and
CCTD, dated August 5, 2002, entitled, "Service Area," is hereby deleted. Article 4.b. shall be
replaced by the following language:
4.b. Service Area. The population to be served by the Facility shall consist of commercial,
industrial, corporate, and individual users of rubber tires from North Carolina's 8,049,000
residents, Georgia's 8,186,453 residents, South Carolina's 4,012,012 residents, Tennessee's
5,689,283 residents, Virginia's 7,078,515 residents and West Virginia's 1,808,344 residents
(all based on the 2000 Census).
2. All of the other terms and conditions of the original Ordinance and Franchise
Agreement shall remain the same as originally agreed upon and as set forth in the original
Ordinance and Franchise' Agreement.
FIRST PASSAGE at the regular meeting of the Board of Commissioners on April 18,
2005.
SECOND PASSAGE at the regular meeting of the Board of Commissioners on May 2,
2005.
DULY ADOPTED UPON SECOND READING ON May 2, 2005.
BOARD OF COMMISSIONERS
FOR THE COUNTY OF HARNETT
By:
Nam Teddy J
Title: Chairman
ATTEST:
j. h I
Kay S. lanchard
Clerk to the Board of Commissioners
THE AMENDMENT TO FRANCHISE AGREEMENT AGREED TO BY:
CENTRAL CAROLINA HOLDINGS, LLC
d/b/a CEI�,TRAL CAROLINL TIRE DISPOSAL
By:
110.
Name: homas Wom le
Tide: Manager
NORTH CAROLINA
HARNETT COUNTY
I, . ' d' no a Notary Public of the County and State aforesaid,
certify that Teddy J. Byrd personally came before me this day, who being duly sworn, deposes
and says: that he is the Chairman of the 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 2nd day of May, 2005.
My Commission Expires: (.—I _o�„p
NORTH CAROLINA
HARNETT COUNTY
J,„„/ . Notary Public, hereby certify that Thomas
Womble .s ' anager • f Central Carolina Holdings, LLC, a limited liability company, d/b/a
Central Carolina Tire Disposal personally appeared before me this day and acknowledged the
due execution of the foregoing instrument on behalf of the company.
Witness my hand and official seal this the 5 day of May, 2005.
Notary Public
My Commission Expires: /0 Z9 '
Notary PGblic
•
•
'l'
,Qdd-Di
MEMORANDUM
(via email)
TO: Neil Emory, Harnett County Manager
FROM: Dwight W. Snow, County Attorney
DATE: April 18, 2005
RE: Amendment to Franchise Granting Ordinance and Agreement for Central
Carolina Tire Disposal
On August 5, 2002 the Harnett County Board of Commissioners adopted an Ordinance
which granted a scrap tire collection, processing and landfill service franchise to Central
Carolina Holdings, LLC d/b/a Central Carolina Tire Disposal (hereinafter CCTD).
Subsequent thereto, the County and CCTD entered into a Franchise Agreement which
granted to CCTD a non-exclusive twenty year franchise to operate a facility as defined in
the Agreement.
On August 16, 2004 the County attempted to adopt and agree to a technical amendment
to the Franchise Ordinance/Agreement. The State has recently advised CCTD that in
order to make the Amendment legally acceptable that the Amendment must be formally
adopted a wo separate meetings of the Board as required by N.C. Gen. Stat. §153A-46.
Furthermore the Board's own Rules of Procedure (Rule 25) states that when anoidtn�ance
amendment is approved by only a majority of the Board and not all its members then the
adoption shall be by successive regular meetings of the Board or at a subsequent regular
meeting within 100 days of the first meeting when the measure is adopted.
Attached is the proposed Amendment to Franchise Granting Ordinance and Agreement
for Central Carolina Tire Disposals for Boards consideration. It is my understanding that
Commissioner McNeill will request to be excused from voting on this item. If he is
excused, then the Board should consider this Amendment at both the April 18, 2005 and
May 2, 2005 meetings of the Board. I will leave it at your discretion whether to place
this item on the regular agenda or consent agenda of the Boards regular meeting.
Should you have any questions on this matter then please do not hesitate to call me.
cc: Tilghman Pope
Attorney for Central Carolina Tire Disposal
Cew
Harnett
COUNTY
NORTH CAROLINA
Board of Commissioners
April 3, 2005
Mr. Thomas Womble
Central Carolina Tire Disposal
1616 McKoy Town Road
Cameron, NC 28326
Dear Mr. Womble:
wwwhemettorg
Teddy J. Byrd, Chairman
Beatrice 8. Hill. Vice Chairman
Dan B. Andrews
Tim McNeill
. Walt iitchener
Kay S. Blanchard. Clerk to the Board
Enclosed are three copies with original signatures of the Amendment to the.
Franchise Granting Ordinance and Agreement. Please sign all three, have notarized and
send two back to us.
If you have any questions, give us a call.
Sincerely,
Kay S. Blanchard
Clerk to the Board
enclosures (3)
strong roots • new growth
PO Box 759
102 East Front Street
tillington. NC ?7546
ph 9104393-7555
fax: 9113-B14-2662
1
STATE OF NORTH CAROLINA
HARNETT COUNTY
AMENDMENT TO FRANCHISE GRANTING ORDINANCE AND AGREEMENT
FOR CENTRAL CAROLINA TIRE DISPOSAL
THIS AMENDMENT TO FRANCHISE GRANTING ORDINANCE AND
AGREEMENT FOR CENTRAL CAROLINA TIRE DISPOSAL ("Agreement") is made and
entered into as of the And day of May, 2005, by Harnett County, North Carolina, a body
politic existing under the laws of the State of North Carolina ("County") and Central Carolina
Holdings, LLC, a North Carolina limited liability company, d/b/a Central Carolina Tire
Disposal (collectively "CCTD").
WITNESSETH:
THAT WHEREAS, on August 5, 2002, the County adopted an Ordinance Granting a
Scrap Tire Collection, Processing and Landfill Service Franchise to Central Carolina Holdings,
LLC d/b/a Central Carolina Tire Disposal; subsequent thereto the County and CCTD entered
into a Franchise Agreement, wherein the County granted a non-exclusive franchise to CCTD,
pursuant to North Carolina General Statute §130A-294, for a term of twenty (20) years, to
operate the Facility, as defined in the original Franchise Agreement; and
WHEREAS, Article 4.b. of the Franchise Agreement defined the Service Area to be
served by the Facility, which included the States of North Carolina, South Carolina, Virginia,
West Virginia, Georgia and Tennessee; and
WHEREAS, the population of the State of North Carolina, 8,049,000 residents (2000
Census), was specifically defined in the Service Area of the Franchise Agreement, but while
the remaining states were specifically listed, the Franchise Agreement did not recite the
populations of said states; and
WHEREAS, the County and CCTD wish to amend the Ordinance/Franchise
Agreement, in order to insert the populations of the states of South Carolina, Virginia, West
Virginia, Georgia and Tennessee, to clarify the inteht of both the County and CCTD when the
parties entered into the original Franchise Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
County and CCTD, intending to be legally bound hereby, agree as follows:
1. Article 4.b. of the original Franchise Agreement between the County and
CCTD, dated August 5, 2002, entitled, "Service Area," is hereby deleted. Article 4.b. shall be
replaced by the following language:
4.b. Service Area. The population to be served by the Facility shall consist of commercial,
industrial, corporate, and individual users of rubber tires from North Carolina's 8,049.000
residents, Georgia's 8,186,453 residents, South Carolina's 4,012,012 residents, Tennessee's
5,689,283 residents, Virginia's 7,078,515 residents and West Virginia's 1,808,344 residents
(all based on the 2000 Census).
2. Ali of the other terms and conditions of the original Ordinance and Franchise
Agreement shall remain the same as originally agreed upon and as set forth in the original
Ordinance and Franchise Agreement.
FIRST PASSAGE at the regular meeting of the Board of Commissioners on April 18,
2005.
SECOND PASSAGE at the regular meeting of the Board of Commissioners on May 2,
2005.
DULY ADOPTED UPON SECOND READING ON May 2, 2005.
BOARD OF COMMISSIONERS
FOR THE COUNTY OF HARNETT
By:
Nam Teddy J
Title: Chairman
ATTEST:
�d
Kay S. lanchard
Clerk to the Board of Commissioners
THE AMENDMENT TO FRANCHISE AGREEMENT AGREED TO BY:
CENTRAL CAROLINA HOLDINGS, LLC
d/b/a CENTRAL CAROLITIRE DISPOSAL
By: 'I' W
Name: homas Womble
Title: Manager
NORTH CAROLINA
HARNETT COUNTY
b
'
I, Ul.V1�a Notary Public of the County and State aforesaid,
certify that Teddy J. Byrd personally came before me this day, who being duly sworn, deposes
and says: that he is the Chairman of the 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 2`d day of May, 2005.
My Commission Expires: 11-11-1.--0(40
NORTH CAROLINA
HARNETT COUNTY
I ,i /
moi. .� ✓i a Notary Public, hereby certify that Thomas
Womble .s anager •f Central Carolina Holdings, LLC, a limited liability company, d/b/a
Central Carolina Tire Disposal personally appeared before me this day and acknowledged the
due execution of the foregoing instrument on behalf of the company.
Witness my hand and official seal this the day of May, 2005.
Notary Public
My Commission Expires: /0 ZZo.
Notary Public
-v
a
nold- a►,
MEMORANDUM
(via email)
TO: Neil Emory, Harnett County Manager
FROM: Dwight W. Snow, County Attorney
DATE: April 18, 2005
RE: Amendment to Franchise Granting Ordinance and Agreement for Central
Carolina Tire Disposal
On August 5, 2002 the Harnett County Board of Commissioners adopted an Ordinance
which granted a scrap tire collection, processing and landfill service franchise to Central
Carolina Holdings, LLC d/b/a Central Carolina Tire Disposal (hereinafter CCTD).
Subsequent thereto, the County and CCTD entered into a Franchise Agreement which
granted to CCTD a non-exclusive twenty year franchise to operate a facility as defined in
the Agreement.
On August 16, 2004 the County attempted to adopt and agree to a technical amendment
to the Franchise Ordinance/Agreement. The State has recently advised CCTD that in
order to make the Amendment legally acceptable that the Amendment must be formally
adopted at two separate meetings of the Board as required by N.C. Gen. Stat. §153A-46.
Furthermore the Board's own Rules of Procedure (Rule 25) states that when an ordinance
amendment is approved by only a majority of the Board and not all its members then the
adoption shall be by successive regular meetings of the Board or at a subsequent regular
meeting within 100 days of the first meeting when the measure is adopted.
Attached is the proposed Amendment to Franchise Granting Ordinance and Agreement
for Central Carolina Tire Disposals for Boards consideration. It is my understanding that
Commissioner McNeill will request to be excused from voting on this item. If he is
excused, then the Board should consider this Amendment at both the April 18, 2005 and
May 2, 2005 meetings of the Board. I will leave it at your discretion whether to place
this item on the regular agenda or consent agenda of the Boards regular meeting.
Should you have any questions on this matter then please do not hesitate to call me.
cc: Tilghman Pope
Attorney for Central Carolina Tire Disposal
Harnett
COU N T
NORTH CAROLINA
Board of Commissioners
April 3, 2005
Mr. Thomas Womble
Central Carolina Tire Disposal
1616 McKoy Town Road
Cameron, NC 28326
Dear Mr. Womble:
www.hamettorg
Teddy J. Byrd, Chairman
Beatrice 8. Hill, Vice Chairman
Dan B. Andrews
lim McNeill
Walt litchener
Kay S. Blanchard, Clerk to the Board
Enclosed are three copies with original signatures of the Amendment to the
Franchise Granting Ordinance and Agreement. Please sign all three, have notarized and
send two back to us.
If you have any questions, give us a call.
Sincerely,
Kay S. Blanchard
Clerk to the Board
enclosures (3)
strong roots • new growth
PO Box 759
102 East Front Street
lillington, NC 27546
ph: 910-893-7555
fax: 910-814-2662
STATE OF NORTH CAROLINA
HARNETT COUNTY
AMENDMENT TO FRANCHISE GRANTING ORDINANCE AND AGREEMENT
FOR CENTRAL CAROLINA TIRE DISPOSAL
THIS AMENDMENT TO FRANCHISE GRANTING ORDINANCE AND
AGREEMENT FOR CENTRAL CAROLINA TIRE DISPOSAL ("Agreement") is made and
entered into as of the day of May, 2005, by Harnett County, North Carolina, a body
politic existing under the laws of the State of North Carolina ("County") and Central Carolina
Holdings, LLC, a North Carolina limited liability company, d/b/a Central Carolina Tire
Disposal (collectively "CCTD").
WITNESSETH:
THAT WHEREAS, on August 5, 2002, the County adopted an Ordinance Granting a
Scrap Tire Collection, Processing and Landfill Service Franchise to Central Carolina Holdings,
LLC d/b/a Central Carolina Tire Disposal; subsequent thereto the County and CCTD entered
into a Franchise Agreement, wherein the County granted a non-exclusive franchise to CCTD,
pursuant to North Carolina General Statute §130A-294, for a term of twenty (20) years, to
operate the Facility, as defined in the original Franchise Agreement; and
WHEREAS, Article 4.b. of the Franchise Agreement defined the Service Area to be
served by the Facility, which included the States of North Carolina, South Carolina, Virginia,
West Virginia, Georgia and Tennessee; and
WHEREAS, the population of the State of North Carolina, 8,049,000 residents (2000
Census), was specifically defined in the Service Area of the Franchise Agreement, but while
the remaining states were specifically listed, the Franchise Agreement did not recite the
populations of said states; and
WHEREAS, the County and CCTD wish to amend the Ordinance/Franchise
Agreement, in order to insert the populations of the states of South Carolina, Virginia, West
Virginia, Georgia and Tennessee, to clarify the intent of both the County and CCTD when the
parties entered into the original Franchise Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein,
County and CCTD, intending to be legally bound hereby, agree as follows:
. 1. Article 4.b. of the original Franchise Agreement between the County and
CCTD, dated August 5, 2002, entitled, "Service Area," is hereby deleted. Article 4.b. shall be
replaced by the following language:
4.b. Service Area. The population to be served by the Facility shall consist of commercial,
industrial, corporate, and individual users of rubber tires from North Carolina's 8,049,000
residents, Georgia's 8,186,453 residents, South Carolina's 4,012,012 residents, Tennessee's
5,689,283 residents, Virginia's 7,078,515 residents and West- Virginia's 1,808,344 residents
(all based on the 2000 Census).
2. All of the other terms and conditions of the original Ordinance and Franchise
Agreement shall remain the same as originally agreed upon and as set forth in the original
Ordinance and Franchise Agreement.
FIRST PASSAGE at the regular meeting of the Board of Commissioners on April 18,
2005.
SECOND PASSAGE at the regular meeting of the Board of Commissioners on May 2,
2005.
DULY ADOPTED UPON SECOND READING ON May 2, 2005.
BOARD OF COMMISSIONERS
FOR THE COUNTY OF HARNETT
By: ' .//_ /
Name eddy . y d
Title: Chairman
ATTEST:
i4/
Kay S. tOI nchard
Clerk to the Board of Commissioners
THE AMENDMENT TO FRANCHISE AGREEMENT AGREED TO BY:
CENTRAL CAROLINA HOLDINGS, LLC
d/b/a CENTRAL CAROLINA TIRE DISPOSAL
By:
Name: Thomas Womble
Title: Manager
NORTH CAROLINA
HARNETT COUNTY
1, b a Notary Public of the County and State aforesaid,
certify that Teddy J. Byrd persona ly came before me this day, who being duly sworn, deposes
and says: that he is the Chairman of the 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. `,`tttttttttturrrr�rrrrri
° NNA. Bd J I,,
Witness my hand and official stamp or se• , this T'd day of May, 2005. „; o. 0s
•
BUG .
Notary Public
My Commission Expires: 1,1-1`f rd Ce
NORTH CAROLINA
HARNETT COUNTY
1, a Notary Public, hereby certify that Thomas
Womble as Manager of Central Carolina Holdings, LLC, a limited liability company, d/b/a
Central Carolina Tire Disposal personally appeared before me this day and acknowledged the
due execution of the foregoing instrument on behalf of the company.
Witness my hand and official seal this the day of May, 2005.
Notary Public
My Commission Expires:
Justification for 2 Paramedics for the Community Paramedic Program in the E.M.S. Division
inclusion into the current 5400 2019/2020 Budget
Harnett County Emergency Services respectfully requests two paramedic positions (12 -hour shifts) to
staff a Community Paramedic Program. This would require 2 additional Paramedic positions to ensure
proper coverage. This program is a collaboration with Harnett Health Systems (Betsy Johnson & Central
Harnett Hospitals). This will currently be grant funded by the Duke Endowment Fund with funds paid to
Harnett Health System and reimbursed to the county for personnel costs. The grant is a two-year term,
afterward becoming a joint cost share program.
The program is designed to assist the County's citizens with better access to basic health care services in
a non -emergency setting. This will assist with reducing hospital readmissions, non -emergent visits to the
emergency room, and non -emergent use of the 911 system. The community paramedic program would
address issues that frequently arise in the home setting including:
- Better management of healthcare at home for our vulnerable population
- Assistance with medication understanding and administration
- Explanation of patient's diagnosis
- Avoidance of recurring EMS usage
Avoidance of recurring emergency department visits
Working with patient's healthcare team to provide post-hospital care
- Follow-up and explanation of discharge instructions
- Assistance with connecting patients with healthcare and other available resources (DSS/Dept. of
Aging etc.)
EMS agencies in surrounding counties have implemented the program and have seen incredible success
in the community.
As stated above, in order to implement the program, we will need two new paramedic positions that
will work a 12 hour shift covering 7 days. The new positions' total salary (grade 109) needs, base salary
of $48,000.00 with inclusion of benefits, $68,548 with a total annual cost of $137,096. We would utilize
current vehicles and associated equipment from current in-house inventories.
If you would like any additional information or have additional questions, please let me know.
Larry Smith, Director
Harnett County Emergency Services
Salary and Benefits Calculator
effective July 1, 2018
Community, Paramedic - 12 hour shifts (salary grade 109), 2019-2020, EMS 1104450
Salary & Benefit Information
Benefit Value
% of Salary
$ 20,547.36
43%
Total Benefits & Salary
$ 68,547.36
ite .. `za i c Calculi a t94
Salary to Next Thousand $ 48,000
.12000 X each thousand $ 5.76 Monthly Cost
(Basic Life .10 & AD&D .02) $ 69.12 Annual Cost
2 Paramedics
12 hour shifts
Total Salary Only Per Year $48,000/yr x 2 = $96,000/yr
Total Salary with Benefits Per Year $68,548 x 2 = $137,096/yr
Monthly
Annually
Hourly
Daily (12 hrs)
Salary
$ 4,000.00
8 48,000
$ 15.38
$ 184.62
Health Insurance
$ 769.10
$ 9,229.20
Dental Insurance
$ 28.82
$ 345.84
Life Insurance
$ 5.76
$ 69.12
FICA
7.65%
$ 3,672.00
Worker's Compensation
3.63%
$ 1,742.40
Unemployment
1.00%
$ 480.00
401K
2.00%
$ 960.00
Employee Clinic
$25.00
$ 300.00
Retirement
7.81%
$ 3,748.80
Benefit Value
% of Salary
$ 20,547.36
43%
Total Benefits & Salary
$ 68,547.36
ite .. `za i c Calculi a t94
Salary to Next Thousand $ 48,000
.12000 X each thousand $ 5.76 Monthly Cost
(Basic Life .10 & AD&D .02) $ 69.12 Annual Cost
2 Paramedics
12 hour shifts
Total Salary Only Per Year $48,000/yr x 2 = $96,000/yr
Total Salary with Benefits Per Year $68,548 x 2 = $137,096/yr
DRAFT Harnett County 2019-20 Legislative Priorities
Assist Counties in Expanding Broadband Access to Underserved Areas (State/Federal)
Lack of access to high speed Broadband is a significant barrier to economic growth for a community, and
limits educational opportunities and outcomes for residents. We ask for assistance in developing
infrastructure and providing broadband to underserved areas within the county, either through
legislation or funding. Harnett County completed a Broadband Survey in 2019 and hopes to use the data
to encourage providers to expand service within the county. We ask for continued support in assistance
as we work to expand access to Broadband for our residents.
Assist Counties in Educating Military -Connected Students by fully funding the Federal Impact Aid
Program (Federal)
The Federal Impact Aid Program reimburses school districts for the loss of local tax revenue due to the
presence of the Federal Government. The program is administered by the U.S. Department of Education
and funding is approved each year by Congress through the Labor, Health and Human Services,
Education Appropriations Subcommittee bill. Because the Impact Aid Program is not fully funded (and
hasn't been since 1969), available funds are distributed using a needs -based funding formula, which
results in Harnett County Schools receiving less funding per student than surrounding counties. In 2017,
Harnett County Schools received $750,533 in Impact Aid Funding in 2017, but would have received
$4,271,484 had the program been fully funded, a difference of $3,520,921. We request that Congress
fully fund the Impact Aid Program to fully address the impact of military -connected students to local
school systems.
Support County Efforts to Expand Natural Gas Capacity (State)
Access to natural gas is a basic requirement for many industries and businesses looking for sites to
locate new facilities. Despite population growth in portions of Harnett County, a lack of access to natural
gas has prevented the commercial and industrial growth that would normally accompany this growth.
We ask for assistance in identifying ways to expand natural gas capacity throughout the county through
public-private partnerships.
Allow Counties to Enact Impact Fees to Support Public Education (State)
Harnett County is among the fastest growing counties in North Carolina, and with that growth comes
additional demand for public services. The County's median home value in 2017 was $144,700, which
does not generate enough tax revenue to pay for the services the home's occupants will need. At
present, approximately 3,700 new homes are at some stage of development in Northwest Harnett
County, which will create a significant burden on our school system. We request legislation that would
allow the County to enact a fee on new development to assist in funding public education in the county.
Give School Systems Flexibility in Establishing their K-12 Calendars (State)
Allowing flexibility in establishing their K-12 calendars would give school systems the ability to align the
K-12 calendar with local community colleges, which would allow for more opportunities for high school
students to take advantage of opportunities for higher education.
Grant County Boards of Commissioners the Ability to Construct Schools (State)
The Harnett County Board of Commissioners asks for the authority to construct schools, to allow the
County strategically plan for growth and to reduce existing and future issues with school overcrowding.
Provide Funding to Help Counties Implement School Security Measures (State/Federal)
Few schools across the state were built with modern security needs in mind. The cost to modify schools
to address present-day threats is substantial. Harnett County Emergency Services has surveyed each of
the County's schools and presented recommendations for safety priorities. Harnett County Schools
included nearly $2.5 million for school security measures in their FY 2020 budget request. We ask for
additional funding to help make our schools safer places for teachers to teach and students to learn.
Support the County's efforts to Enhance the Harnett Regional Jetport (State)
Harnett Regional Jetport is an economic engine for Harnett County. Over the past decade, the County
has rehabilitated runways and taxiways, improved the apron, taxiways and runways to accommodate
larger aircraft to expand the airport's aviation and economic capabilities. Harnett County is preparing to
make additional investments into the jetport in the form of an additional and improved lighting, apron
expansion and a badly needed new terminal and site improvements. We ask for any assistance that may
be available to offset these costs or to make additional enhancements in the future.
Address Issues with Motor Vehicle Gap Billing (State)
The Tax & Tag Together program dramatically increased counties' collection rates on motor vehicle
property taxes, however drivers who are delinquent on their taxes are allowed to begin their new
registration period upon payment, creating a gap between the initial expiration date and the new start
date. County tax offices may bill for this gap, however it creates confusion for taxpayers and can be
difficult to collect. The result is lost revenue for county governments. The Harnett County Tax Office
requests requiring the new registration period to begin when the previous one ended, or finding
another solution that will allow for the inclusion of this gap period within the Tax & Tag Together
program to increase collections. (In 2018, the Tax Office sent out 1,685 gap bills, with 916 of those tax
bills requiring force collection. The total taxes owed for the gap bills was $53,630.88 with an unpaid
total of $39,074.96.)
Continue Support of Construction of Four Lane Highway into Wake County (State)
Harnett County does not currently have a four -lane highway into Wake County, which is a significant
barrier to growth and economic development. U.S. 401 is a natural candidate to be widened to four
lanes. The County has worked to find ways to fund this project through NCDOT and our various planning
organizations with little success, and asks for any additional assistance that may be available.
Preserve Funding for Local Health Departments (State)
Over the last several years, county health departments have seen funding reductions from the state,
which has made operation more difficult. We request preservation of funding levels for county
departments of public health.
Lower NCDOT Road Takeover Threshold to 75 percent Buildout (State)
When a property is developed into a subdivision, the County requires the developer to build the roads
to NCDOT specifications with the intent that NCDOT will assume maintenance of the roads soon after
most of the building is done. As it stands, NCDOT requires that 75 percent of homes in a subdivision be
occupied before the developer can petition to have the roads taken over. This sometimes results in the
developer pulling out of the project before the roads can be taken over, which creates issues for
homeowners in the subdivision. Harnett County currently has at least 30 subdivisions that would have
been in better situations if the NCDOT takeover threshold were changed to 75 percent buildout.
Allow Counties to use E-911 Funds for E-911 Needs Other than Equipment (State)
Harnett County currently has E-911 funds, which can only be used to purchase equipment, however the
county has fulfilled all existing equipment needs. Harnett County asks for the flexibility to use leftover E-
911 funds for equipment, personnel, training and anything that has to do with taking the 911 call to
communicating the call information to public safety officials. (For example: Dispatch hits a button to
send a page signal to the radio towers and then equipment in the towers send the page signal to
personnel to respond. Presently, 911 funds cover the "button," but not the equipment in the tower.)
Provide Local Governments with Liaison for Utilities Providers (State)
There are times when County and municipal governments have had issues that required immediate
assistance from some of our utility providers and have had difficulty getting a prompt response. This has
negatively affected local businesses and residents. We request assistance, potentially in the form of a
liaison who could assist local governments in working with these providers to address emergency issues
as quickly as possible.
Reinstate Funding for Drug Treatment Courts and Mental Health Courts (State)
Harnett County has seen tremendous success from its Veterans Treatment Court. We believe similar
success could be experienced by other residents who may have served our nation's military. We request
legislation to reinstate funding for Drug Treatment Courts and Mental Health Courts.
Enhance Funding of Water and Wastewater Extensions for Counties to Increase Available, Marketable
Product for Existing Industry (State)
Access to County Water and Wastewater is important for Economic Development, particularly in the
County's unincorporated areas. Extending these utilities to properties the County has identified for
potential development opportunities can be cost prohibitive, particularly when the revenue generated
from these projects will not be realized until years later. We seek assistance in accessing funding that
will allow Harnett County to take a more proactive approach to this type of development.
Support Legislation Related to Assisting Firefighters who Contract Disease Related to Service (State)
House Bill 466 (Firefighters' Line of Duty Diseases/Funds) would expand the list of cancers covered as
occupational diseases for firefighter's death benefits and appropriate funds to cover the additional
death benefits. House Bill 520 (Firefighters Fighting Cancer Act) expands the types of cancers that are
considered occupational diseases for firefighters and covered by worker compensation act.
Expand Fire Prevention Grant Opportunities to include County Fire Marshals Offices (State/Federal)
Currently, Office of State Fire Marshals and Federal grant opportunities for fire prevention programs are
available to fire departments, departments that provide rescue services and local law enforcement
agencies. The expansion of the grants program to include local fire marshals offices would allow for
additional prevention programs to provide smoke detector installation in rural low income areas,
purchase fire safety trailers/equipment and holding community -related fire prevention programs.
Require Licensing and Permitting for Fire Extinguisher and Fire Suppression System Installation (State)
Senate Bill 519 would require licensing and permitting for individuals and firms that install and service
portable fire extinguishers and fire suppression systems.
Require Accurate County Assignment of Sales Tax for Delivered Goods (State)
Harnett County loses sales tax revenue due to vendors not properly designated the county location for
delivery of goods due to the significant portion of the County with zip codes which are shared with
surrounding counties. The use of the five -digit zip code instead of the nine -digit zip code sometimes
results with the wrong county being credited for taxes when the delivery destination is in Harnett
County. This is particularly important when it comes to building materials being delivered to site for new
construction and residents using online shopping. Harnett County is working to educate homebuilders
and residents about this problem, we seek State assistance, which could include requiring vendors to
use a central database maintained by the State, requiring use of the nine -digit zip code for reporting, or
developing a statewide addressing database.
Removed Priorities
Assist Counties with Efforts to Install Additional Gauges on Rivers and Waterways (State)
Assist Counties in the Cleanup of Rivers and Waterways (State)
Assist Counties with Storm Mitigation Planning and Implementation (State/Federal)
Authorize Use of Recreation Fees for Construction (State)
Assist Harnett County in Funding its Veterans Treatment Court Program (State/Federal)
Restore State Aid Funding of Public Libraries to Pre -2011 Levels (State)
Support County's Efforts to Correct Boundary Issues (State)