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10071991 ---- 413 HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR HEETING, OCTOBER 7, 1991 The Harnett County Board of Commissioners met in regular session on Monday, October 7, 1991, in the County Office Building, Lillington, North Carolina, with the following members present: Mack Reid Hudson, Bill Shaw, Walt Titchener, Beatrice Bailey Hill, and Chairman Lloyd G. stewart presiding. Others present were Dallas H. pope, County Manager; W. Glenn Johnson, County Attorney; Vanessa W. Young, Finance Officer and Clerk to the Board; and Kay S. Blanchard, Recording Secretary. Chairman Stewart called the meeting to order at 9:00 a.m. and Commissioner Shaw gave the invocation. Commissioner Titchener moved for approval of the minutes of the regular meeting, September 16, 1991, and the special meeting, September 24, 1991- Commissioner Hill seconded the motion and it passed with a unanimous vote. Chairman Stewart presented a certificate award from the State AWARD TO MEDICAID Department of Human Resources to the County's Adult and Children's STAFF Medicaid Unit for having no errors from October, 1990 to March, 1991. The certificate was presented to Harvey Godfrey, Program Manager, Bonnie Jo Temple, Adult Medicaid Supervisor, and Mary Avery, Children's Medicai~ Supervisor. PETITION CONCERNING A petition concerning the condition of State Road 1809 was presented to the Board by the following citizens: Robert Hudson, Rastus Hudson, SR 1809 and Robert Hill. ~he petition asks the County to support their request to the State Department of Transportation for reevaluation of SR 1809 in an effort to upgrade the road. Ray Stone, Highway Maintenance Engineer, and Gary Burton, Acting District Engineer, briefed the group on procedure for presenting the request. Commissioner Titchener made a motion that a letter be forwarded to the Department of Transportation District Engineer for continuing evaluation and action, and that a copy be forwarded to Mr. Rick Cox, Planning and Environmental Section, N.C. DOT Highway Department. Commissioner Hudson seconded the motion and it passed with a unanimous vote. BRIEFING ON PROPOSED John Shaw, Chairman, Harnett Development Commission, briefed the Board AIR CARGO PROJECT on the eight-county group formed to study the possibility of bringing the proposed Global Air Cargo project to North Carolina and requested MOTION FOR FUNDING commitment from the Commissioners for funding up to $15,000 if Harnett SUPPORT County wishes to remain in the consortium. Commissioner Hudson made a motion for Harnett County to remain in the consortium and for funding support not to exceed $15,000. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Tom Meece, Industrial Development Director, presented an update ;, ~ briefing on County Economic Development programs. AMENDMENTS TO ZONING Tom Taylor, Chief Planner, presented for the Board's consideration ORDINANCE proposed amendments to the Harnett County Zoning Ordinance and Zoning Maps involving zoning changes south and east of the City of Dunn. Commissioner Titchener moved for adoption of the amendments. Commissioner Hill seconded the motion and it passed with a unanimous vote. The Zoning Ordinance amendments are copied in full in the Harnett County Ordinance Book 1, page . TAX COLLECTOR CHARGED Commissioner Shaw moved that Bobby Wicker, Tax Administrator, be charged to collect the taxes for 1991. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Vanessa W. Young, ~lerk to the Board administered the charge to Mr. Wicker. The charge 1S copied in full at the end of these minutes as Attachment 1. AGREEMENT FOR Jerry Blanchard, Procurement/Vehicle Maintenance Director presented SERVICES RE: FUEL for the Board's consideration a proposed agreement with W~stinghouse LEAK AT GARAGE Environmental and Geotechnical Services, Inc. for ground water asse~sment at the Central Maintenance Garage area. The assessment is ~equ1red based on underground storage tank leak in the garage area. ~omm~ssioner s~aw moved for the approval of the agreement. Comm~ssioner T1tchener seconded the motion and it passed with a unan1mous vote. RESOLUTION RE: Marshall Woodall, Attorney, presented for the Board's consideration a RESCUE SERVICES SUMMERVILLE FIRE proposed resolution to establiSh an extension of the services of DEPT. Summerville Fire Department, Inc. to include rescue services for persons and property from external, nonmedical, nonpatient related perils, and that the existing contract be modified to reflect the changes in services. Commissioner Titchener moved for adoption of the resolu~ion. Commissioner Hill seconded the motion and it passed with ~ unan1mous vote. The resolution is copied in full at the end of ~hese minutes as Attachment 2. - --- - - - - --------- ---.- 414 PROPOSAL FOR CONSULTANT Jack Bryan~ Social Services Director, presented fc:>r the. Boar~' s . SERVICES FOR SO SERV considerat10n a proposal for consultant services 1nvol v1ng f1nanc1al , . 1. management for the Social Services Department. No motion was made concerning the matter. ~~INTENACE AGREEMENT Lasa Price, Data Processing Director, presented for the Board's FOR TAX MAPPING SYS. c~usideration a proposed hardware and software maintenance agreement I w~~h Sun Microsystems for Tax Mapping system. Commissioner Hudson moved that the County enter into the maintenance agreement designated al: the "U.S. Master Service Terms and Conditions" document at such tLne as the proposed agreement is in a form approved by the County's Attorney and that the County Manager be authorized to execute the a~reement on behalf of the County. Commissioner Shaw seconded the motion and it passed with a unanimous vote. RESOLUTION RE: JC:ln M. Phelps, II, Public Utilities Attorney presented for the BROOKFIELD RETIREMENT, Board's consideration a proposed Resolution Authorizing Execution of INC. Facilities Funding Agreement for Brookfield Retirement, Inc. Commissioner Shaw moved for adoption of the resolution. Commissioner H~dson seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 3. COMMISSIONER Cc.,...missioner Ti tchener moved that his statement concerning wastewater TITCHENER'S STATEMENT l~~a project to support Harnett Central High School and Harnett RE: WASTEWATER LINE Ce.:-tral Middle School be entered in the records as follows: PROJECT '''::-:~.~s is to confirm my understanding that the County continue to ne;otiate with Campbell University in good faith on an ongoing basis a:.-= that Option II as adopted in our last meeting will not harm CQ~r..:?bell University interests in any way". Commissioner Hill seconded t~a motion and it passed with a unanimous vote. CONTRACT AGREEMENTS Tc~y Wilder, Assistant County Manager, presented for the Board's WITH MUNICIPAL LIBRA- c~..3ideration proposed contract agreements involving County and RIES mu~icipal libraries. Commissioner Titchener moved that the contract a~raements between the Harnett County Public Library and the public li~raries of the City of Dunn, Town of Erwin, Town of Coats, and Town 0; Angier be approved. Commissioner Hill seconded the motion and it p{,5sed with a unanimous vote. REQUEST FRO!\! CAMPBELL De.:':'as H. Pope, County Manager, presented a request from Campbell LAW SCHOOL TO USE Ur.~versity School of Law to utilize the Harnett County courtroom COURTROOM FACILITIES fac~l!ties on Saturday, November 16, 1991, for the purpose of co~jucting mock trials. Commissioner Hudson made a motion to approve tte I.'equest. Commissioner Hill seconded the motion and it passed with a ~~3nimous vote. 1992 HOLIDAY SCHED. Cc:~nissioner Hill moved for adoption of the 1992 Holiday Schedule for Hc.~nett County Local Government. Commissioner Titchener seconded the mc~~on and it passed with a unanimous vote. The 1992 Holiday Schedule i~ c~pied in full at the end of these minutes as Attachment 4. RESOLUTION RE: Da:"::'3.s H. Pope, County Manager, presented for the Board's PERSONNEL STUDY cc:,sideration a proposed resolution authorizing execution of agreement W~''':'=l David M. Griffith & Associates, LTD. for Harnett County personnel me., .:.::gement study. No motion was made concerning the matter. APPOINTMENT TO CO~dissioner Hill made a motion that Jerry Blanchard be appointed to YOUTH PLANNING BD. tt~ Harnett Youth Planning Board. Commissioner Hudson seconded the mc~lon and it passed with a unanimous vote. Dc.~:as H. Pope, County Manager, presented for the Board's AGREEMENT RE: AFTER co~sideration an agreement between the N.C. Cooperative Extension SCHOOL ENRICHMENT Service, North Carolina State University, and Harnett County involving COORDINATOR tt= After School Enrichment Program Coordinator. Commissioner Hudson moved for approval of the agreement. C~mmissioner Tltchener seconded tha motion and it passed with a unan~mous vote. APPOINTMENT TO CO,::-u'1issioner Hill made a motion to reappoint Ms. Geraldine Byrd to the DOMICILIARY BD. Do~~ciliary Some Advisory Committee for a three-year term to expire Se:~~ember 30, 1994. Commissioner Shaw seconded the motion and it pa~ogd with a unanimous vote. REQUEST FOR NAME Da.'.:.:as H. ?ope, County Manager, presented for the Board's cc~~ideration a request from N.L. Stroud to name a private roadway in OF PRIVATE ROADWAY th..o. Johnsonville Township area "The Stroud Road." Commissioner Hudson ma~a a mot~o~ to approve the request and that the County will purchase a~~. instal~ road sign if paid for by requesting agency, but will not be. ~esponsible for replacement or maintenance. Commissioner Hill -- ---- ------ - ---- ---------- 415 seconded the motion and it passed with a unanimous vote. Commissioner Hill made a motion to adopt a proclamation concerning PROCLAMATION RE: Lupus Awareness Month. Commissioner Titchener seconded the motion and LUPUS AWARENESS MONTH it passed with a unanimous vote. The proclamation is copied in full at the end of these minutes as Attachment 5. REPORTS Monthly reports for September were filed with the Board from the following departments: Sheriff's Department, Emergency Medical Service Industrial Development, Veterans Affairs, Social Services, Data pr~cessing, and Tax Department. The Tax Attorney's Report was also filed with the Board and is copied in full at the end of these minutes as Attachment 6. TAX REFUNDS Bobby Wicker, Tax Administrator, presented request for the following tax refunds: 1- Harnett County News, Inc. $199.89 2. Currin & Dorman, Inc., Coats, NC 12.25 3. Robert E. Mutsheler & Kathleen 5 Waverly St., Fishkill, NY 105.42 Commissioner Hudson moved for apporval of the tax refunds. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Tax releases were presented for consideration but were tabled until the next Board meeting. BUDGET AMENDMENTS Commissioner Shaw made a motion to approve all of the following budget amendments as requested. Commissioner Hill seconded the motion and it passed with a unanimous vote. Solid Waste Code 10-6600-002 Salaries & Wages 8,844. increase 10-6600-005 FICA Tax Expense 677. increase 10-6600-006 Group Insurance Expense 1,188. increase 10-6600-007 Retirement Expense 442. increase Revenue: 10-3990-000 Fund Balance Appropriate 11,151- increase Capital Reserve Code 70-9810-001 Board of Education 828,000. increase Revenue: 70-3970-001 Transfer from Gen. Fund 828,000. increase Sheriff's Department Code 10-5100-001 Separation Allowance 3,692. increase 10-5100-004 Special Allowance 3,692. decrease , . Emerqency Medical Services Code 10-5400-017 Maintenance & Repair - Auto 3,000. increase Revenue: 10-3990-000 Fund Balance Appropriated 3,000. increase Health Department Code 10-7600-002 Salaries & Wages 10,000. decrease 10-7600-058 Clinical Fees - General 10,000. increase EXECUTIVE SESSION Commissioner Titchener made a motion that the Board go into executive session to discuss personnel and contract matters. Commissioner Hill seconded the motion and it passed with a unanimous vote. Commissioner Titchener made a motion that the Board come out of executive session. Commissioner Hill seconded the motion and it ?assed with a unanimous vote. Commissioner Titchener moved that $190,000.00 approved by the Board on MANNER FOR DISBURSE- September 3, 1991~ for school utilities funding be provided to The MENT OF UTILITIES Harnett County Board of Education in the following manner: one half FUNDS FOR SCHOOLS of the total amount on December 1, 1991, and the remaining half to be split into equal amounts and paid on January 1, 1992, and April 1, :992. Commissioner Hudson seconded the motion and it passed with a unanimous vote. PERSONNEL RECLASS. Commissioner Titchener moved that the following classification action EMERGENCY SERVICES be adopted for the Emergency Services Department involving DEPT. reclassification of the Fire Protection Specialist I, 65A, to a Senior Fire Protection Specialist, 67A. Commissioner Hill seconded the motion and it passed with a unanimou.:s vote. 416 , , COUNTY ADVISORY Commissioner Hudson moved that the following personnel be appointed to PERSONNEL BOARD the Harnett County Advisory Personnel Board: Jesse Alphin, Larry APPOINTED Spell, and Bill Randall as primary appointments with alternate appointments of Leo McDonald, John Milton McKoy, and Jeff Turlington. Commissioner Titchener seconded the motion and it passed with a unanimous vote. ADJOURNMENT There being no further business, the Harnett County Board of Commissioners regular meeting October 7, 1991, duly adjourned at 2:55 p.m. ~)~ew~an . /~~~ '-f.(J'-(t~ Vanessa 'Ii. Young, Cle, 0 ~)J. JiCVhc,iwAJ' Kay S. Blanchard, Secretary ATTACHHENT 1. CHARGE TO THE TAX COLLECTOR OF HARNETT COUNTY You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the Office of the Tax Assessor and in the tax receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the County of Harnett, and this order shall be a full and sufficient authority to direct, require, and enable you to levy and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with law. Witness my hand and official seal this 7th day of October, Nineteen Hundred and Ninety-One. \'f' HARNETT COUNTY BOARD OF COMMISSIONERS L J" ~~LO&o-- ~ . ~~I Vanessa W. Young, Cler~ to the Board ATTACHMENT 2. RESOLUTION THAT t-lHEREAS, the Summerville Fire District was created pursuant to Article 3A of Chapter 69 of the General Statutes of North Carolina upon a favorable referendum vote called in a resolution adopted by the Harnett County Board of Commissioners setting at its regular session on August 1, 1966; and WHEREAS, Summerville Fire Department, Inc. (hereinafter sometimes called II fire department ") was incorporated as a nonprofit corporation pursuant to Chapter 55A of the General Statutes of North Carolina, by the issuance of Articles of Incorporation by The Honorable Thad Eure, secretary of State for North Carolina on the 29th day c! Dec~mber, 1966; and WHEREAS, the County of Harnett acting through its Board of Commissio~ers, and pursuant to authority of Article 3A of Chapter - - -- . 417 69 (N.C.G.S. S69-25.5) entered into a contract with said nonprofit corporation to furnish fire protection services to the Summerville Fire District; and WHEREAS, the county of Harnett, from and since the aforesaid date, has entered successive annual contracts with the fire department for the furnishing of fire protection services for said fire district and currently by contract dated July 1, 1991, said nonprofit corporation is furnishing fire protection services for said district; and WHEREAS, the Fire Department's Board of Directors upon request from the volunteer firemen serving said fire department adopted a resolution recommending to the members of said corporation that the corporate charter of said corporation be amended to a 11 ow the extension of rescue services (rescue of persons and property from external, nonmedical and nonpatient related perils); and WHEREAS, the members of Summerville Fire Department, Inc., on the 23rd day of September, 1991, at a meeting duly called by the Board of Directors with proper notice of time, place and purpose of meeting, did upon unanimous vote adopt a resolution to authorize the extension of rescue services (rescue of persons and property from external, nonmedical and nonpatient related perils) in addition to fire protection services originally anticipated and further to change the name of said corporation to Summerville Fire & Rescue, Inc. ; and WHEREAS, fifteen (15) members of the volunteer firemen serving said fire district have attended a training session for rescue and first aid training and have been certified in rescue and first aid and are qualified to extend the rescue services mentioned above; and WHEREAS, the Summerville Fire Department, Inc. has hereby requested the County of Harnett to modify the existing contract . with said nonprofit corporation to extend the present services for the people of the Summerville Fire District to include rescue " ., services for persons and property from external, nonmedical and nonpatient related perils; and WHEREAS, N.C.G.S. S69-25.4 provides that.....the term 'fire protection' and the levy of a tax for that purpose may include the levy, appropriation and expenditure of funds for furnishing...,rescue...services to protect persons within the district from injury or death; and the levy, appropriation and expenditure of the tax to provide such services are proper, authorized and lawful."; and WHEREAS, that the cost for furnishing such rescue related services by the aforesaid nonprofit fire department will only be .ninimal relative to the overall costs of operations for said department; and WHEREAS, it has been made to appear to the Board of Commissioners that such rescue related services are needed within the Summerville Fire District and that suppliers of rescue services of an emergency nature involving medical and patient related perils are not usually equipped to furnish the rescue of persons and property f~om situations of nonmedical, nonpatient related perils to areas of relative safety where qualified persons may administer medical relief services to individuals who are injured. - - --- 418 . NOW, THEREFORE, the County of Harnett acting through its Board of Commissioners, does hereby resolve: 1. That the efforts of the volunteer firemen to participate and successfully complete a rescue and first aid training session to become certified and competent to provide rescue type services to individuals in the Summerville Fire District be commended; 2. That the extension of rescue services for persons and property from external, nonmedical, nonpatient related perils by said volunteer fire department be approved; 3. That the existing contract for the balance of the fiscal year commencing July 1, 1991 be modified with a new contract to recognize the extension of the aforesaid rescue related activities to be defined as "fire protection" pursuant to the Statutes of North Carolina and furnished by said fire department as a service anticipated under the contract for services to said fire district; 4. That the officials of the County be and they are hereby authorized to do and perform all acts and things necessary to carry out the purpose of this resolution. Duly adopted at regular session this the 7 rl.- day of October, 1991. HARNETT COUNTY BOARD OF COMMISSIONERS BY;~ 1) .A/~. '/Jl7~G. Stewart, Cha~rman Attested: ~ .' / -tJ '--f' / , .'A M , '" ""-. ( U ~ A----.P Vanessa'-Young, clerkJ 6 RESOLUTION AUTHORIZING EXECUTION OF ATTACHHE'-JT 3 FACILITIES FUNDING AGREEMENT .: . (BROOKFIELD RETIREMENT, INC.) TH~.T WHERSAS, the Board of Commissioners of the County of Harnett has reviewed and considered t~at document entitled "Facilities Funding J1.greement" between the County of Harnett and Brookfield Retirement, Inc., a copy of which is attached hereto as i' " Exhibit 1; and WHEREAS, the Board desires to authorize the County to enter into said Agreement as set forth. NOW, THEREFORE, BE IT RESOLVED by the Board of Comr.lissioners of the County of Harnett that: 1, The County of Harnett shall be and hereby is a~thorizad to enter into that "Facilities Funding Agreement," a copy of which is attached hereto as Exhibit 1. 2. The Chairman of and Clerk to the Board shall be and hereby are authorized and directed to execute the original of said Agreement for and in behalf of the County. Duly adopted this 7th day of October, 1991, upon motion made by Commissioner Shaw , seconded by Commissioner Hudson and adopted by the following votes: Ayes 5 Noes 0 Absent 0 Board of Corr~issioners of the County of Har~f)t BY,~ A7 /'t'~\-- 'Lloyd G. Stewart~ Chairman J1.t!::s. t : ---- /JL >>L-GJ..A ,Ltcf. ---(J' L,-,~-,.. Vanessa W. Young; ~ Clerk to the Boar ~ 419 Exhibit 1 NORTH CAROLINA FACILITIES FUNDING AGREEMENT HARNETT COUNTY This Agreement is made and entered into this day of , 1991 between the COUNTY OF HARNETT, a body politic organized and existing under the laws of the State of North Carolina (hereinafter referred to as "County" ) and BROOKFIELD RETIREMENT, INC. , a corporation organized and existing under the laws of the State of North Carolina (hereinafter referred to as "Brookfield"). WIT N E SSE T H , . THAT WHEREAS, Brookfield plans to construct and operate a retirement facility on property adjacent to North Carolina Highway 210 North of the Town of Lillington; and WHEREAS, the property upon which Brookfield desires to locate its facility has no public sewer system available to it and Brookfield is willing to. pay the costs of constructing a sewer system to aerve said facility which is of adequate size to meet its estimated sewer disposal needs; and WHEREAS, County is inter~sted in the long range use capability of sewer systems constructed within the County of Harnett and finds that a more appropriate plan to provide sewer service to the Brookfield facility site includes the construction of a sewer system which may be expanded upon in the future and which has the capability of serving potential users other than the Brookfield facility; and WHEREAS, Brookfield and County have agreed to make provision for the construction of a sewer system which will meet both the needs of Brookfield and County. NOW, THEREFORE, in consideration of the foregoing and the , . mutual agreements hereinafter set forth, County and Brookfield agree as follows: Section I Definitions ?he following definitions, designations and/or explanation of term: shall be used for the purposes of this Agreement: A. "Consulting Engineer" shall refer to that engineer and/or engineering firm selected by the County to perform the necessary engineering and related services provided for in this Agreement. B. " Minimal System" shall refer to that proposed sewer I system as formulated by the Consulting Engineer which shall be composed of smaller size pipelines installed at lesser depths than the Enhanced System, and which shall be adequate to provide sewer service to the immediate planning area. C. "Enhanced System" shall refer to that sewer system to be constructed and installed pursuant to this Agreement as formulated by the Consulting Engineer which shall be composed of gravity sewer pipelines installed at such gradients that the same will serve future properties both contiguoua to and beyond the immediate planning area. D. "Immediate planning area" shall refer to those lands upon --.- . 420 which the Brookfield retirement facility shall be located. Section II Construction of Sewer Facilities County agrees to cause the Enhanced System to be built in accordance with the applicable federal and state rules, regulations and laws and to :nake a sewer service connection available to Brookfield at the immediate planning area. county agrees to implement the construction of the Enhanced System such that the sewer service connection will be available by May 1, 1992. Brookfield shall have no right I title, or interest in or to any part or portion of the Enhanced System and the same shall be and remain the property of the County. Section UI Cost of Enhanced System It is agreed that Brookfield shall pay that portion of the costa of the Enhanced System which equals the cost Brookfield would have ~aid for construction of t~e Minimal System had it been built. Such portion shall include proportional amounts for technical, leg&!. and administrative costs, as described and set forth in Section IV below. The remaining costs of the Enhanced System shall be p1.id by the County. Section IV Determination of Cost Portions The portion cf the cost of the Enhanced System to be paid by Brookfield shall be determined as follows: A. County shall cause the Consulting Engineer to formulate plans and specifications for both the Minimal System and the Enhanced System. Both systems shall be advertised for bids, with the Minimal System designated as an alternate. B. County shall select the lowest responsible bidder to perform the installation of the Enhanced System in accordance with the applicable law. The alternate bid submitted by the same bidder se1~cted to perfor~ the work shall be deemed the construction cost " ,J portion of the Enhanced system to be paid by Brookfield. C. The Consulting Engineer shall calculate the percentage " that the construction cost portion of the Enhanced System to be paid by Brookfield bears to the amount of the bid of the contractor selected to construct the En:1anced System. Additionally, the Consulting Engineer shall determine that portion of the technical, legal and administrative costs incurred in the process of const.ructing the Enhanced System which equals the amount which would normally be associated with the construction of a simi1iar sys~em. Such amount so determined shall be multiplied by the percentage calculated above, and the amount thereby determined shall be added to the construction cost of the Enhanced System. I The sum determined shall be that portion of the cost of the Enhanced System to be paid by Brookfield as is set forth in Section V below. Section V Payment of Brookfield Cost Portion A. Upon identification of the lowest responsible bidder and the corresponding determination of the construction cost portion to ~e paid by Brookfield, County shall notify Brookfield of such fac\;s. Within five ( 5) days after such notification, Brookfield shall provide to County a Letter of Credit from a local bank committing said bank to pay County the construction cost portion _. _n_ 421 above identifed. Said Letter of Credit shall be in a form and substance approved by County. No construction contract or contracts shall be executed until a satisfactory Letter of Credit is approved and accepted by County. Brookfield shall pay to County in certified funds or by cashier's check drawn on the bank issuing the Letter of Credit the construction cost portion of the Enhanced System calculated in Section IV above as follows: l. One-third (113) thereof within ten ( 10) days after the construction contract is awarded. 2. One-third (113) thereof within ten (10 ) days after notification to Brookfield by County that one-half (1/2) of the Enhanced System construction is completed, 3. One-third (113) thereof wi thin ten ( 10) days after notification to Brookfield by County that the Enhanced System construcion is substantially completed. B. At such time as County notifies Brookfield that the Enhanced System is substAntially completed, the Consulting Engineer shall advise Brookfield of the amount of the technical, administrative and legal costs for which it is responsible as determined in Section IV above. Such amount for which Brookfield is responsible shall be due and payable at the same time as the final one-third (1/3) installment of construction cost is due and payable, C. Should Brookfield fail to make payment as herein set forth or fail to deliver the aforementioned Letter of Credit, . County may, at its option, terminate the construction project, and in such event Brookfield shall pay to County such sum of money as shall equal the costs County incurred to such date on the project. :' I Section VI Excessive Costs Prior to the issuance of Invitations to Bid for the construction of the Enhanced System, the Consulting Engineer shall provide an estimate of the expected construction cost. Should the bid of the lowest responsible bidder exceed such estimate by more ~han twenty percent (20\) thereof, then County or Brookfield at either's option, may terminate the Project, In such event, Brookfield shall pay to County within ten (10) days thereafter, a sum equal to one-half (112) of the costs County has incurred to the date of such termination. I Section VII Investment Return to County It is contemplated by County and Brookfield that by reason of the construction of the retirement facility by Brookfield at the immediate planning area, sufficient ad valorem property taxes will be levied thereon and collected by County from Brookfield so as for the County to recover its portion of the costs of the Enhanced System prior to or on the date ad valorem property taxes will be due and payable for tt.e year 1997. However, in the event such recovery of the cost to County 1s not made by County by such date, then within thirty (30) days after such date, Brookfield hereby -----.---.- 422 agrees and promises to pay to County a sum equal to the difference between the amount of ad valorem property taxes paid on the immediate planning area between the date of this Agreement and such date and the amount of the cost of the Enhanced System paid by County. Section VIII General Provisions A. Brookfield, for itself and its successors and assigns, agrees to execute and enter into such sewer service agreements as may be required by the Harnett County Department of Public Utilities, and further agrees to pay such charges and fees and abide by such rules and regulations regarding sewer services as may be adopted from time to time by the County. B, Any notice required to be given hereunder by County to Brookfield shall be made by County in writing and mailed by certified mail, return receipt requested to: Brookfield Retirement, Inc. Post Office Box 1376 Li1lington, N.C, 27546 Any notice required to be given hereunder by Brookfield to County shall be made by Brookfield in writing and mailed by cer'i:.ified mail, return receipt requested to: County of Harnett Post Office Box 759 Lillington, N.C. 27546 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed in duplicate originals, as of the day and yea~ first above written. County of Harnett By Lloyd G. Stewart, Chairman Harnett County Board of Commissioners Att&st: Vanessa W. Young, Clerk to the Board , " Brookfield Retirement, Inc. By Joe Boone, President Attsat: Janst Boone, Secretary In consideration of County's agreement to execute the foregoing, we, George E. Womble and Joe Boone, do hereby jointly and severally contract and guarantee the full and complete periormance by Brookfield Retirement, Inc. of all its obligations, I responsibilities and agreements under and pursuant to this Facilities Funding Agreement. This day of 1991. , (SEAL) George E, Womble (SEAL) Joe Boone 423 ATTACHMENT 4. HARNETT COUNTY 1992 HOLIDAY SCHEDULE I New Year's Day January 1 Wednesday Martin Luther King, Jr. Day January 20 Monday Good Friday April 17 Friday Memorial Day May 25 Monday Independence Day July 3 Friday Labor Day September 7 Monday Veterans' Day November 11 Wednesday Thanksgiving November 26 & 27 Thursday & Friday Christmas December 24 & 25 Thursday & Friday ATTACHMENT 5. PROCLAMATION LUPUS AWARENESS MONTH WHEREAS, System Lupus Erythematosus affects one in every two thousand Americansi and over 16,000 new cases are diagnosed each year~ and WHEREAS, Lupus is more common than Leukemia, Muscular Distrophy and Cerebral Palsy~ that it affects both men and women, young and old~ and WHEREAS, Lupus is a chronic inflammatory disease which , , causes the body's immune system to produce antibodies which . . attacks healthy tissue and organs~ and WHEREAS, The cause of Lupus is unknown and no cure exists~ and WHEREAS, Research and Public Education are two vital keys to address this "orphan disease". That through education, early diagnosis is possible and will lead to reduced mortality rates. NOW, THEREFORE, the Harnett County Board of Commissioners do hereby proclaim the month of October as LupuS Awareness Month in Harnett County. Duly adopted this 7th day of October, 1991. HARNETT COUNTY BOARD OF COMMISSIONERS ~R~ L1 yd . Stewa t,Chairman ATTEST: ,~ '1..U, --1.(1 (;<'Vv--,., Vanessa W. Young, Clerk 0 -- - -- -,- 424 ATTACHMENT 6. RE: MONTHLY REPORT TO COMMISSIONERS AND STATEMENT OF FEES AND CHARGES FOR THE MONTH OF SEPTEMBER 1991 1. Tax Suits Dismissed: I NAME SUIT NO. *AMOUNT COL. **COURT ATTORNEY COSTS FEES ~pderS9P Creek Townshin ~itche1l, James G. 91 CVD 1166 1,259.99 261. 36 200.00 arney, Marjorie 90 CVD 1083 1,116.60 246.40 200.00 Lease, Mark 91 CVD 0468 480.06 113.52 61. 48 Thomas, Edna 90 CVD 1080 1,867.66 468.76 400.00 Averasboro Towns~ Jernigan, Alexander 90 CVD 1073 1,306.99 252.92 200.00 Griffin, Johnny 90 CVD 1189 566.69 259.69 200.00 Brewington, Larry No CVD 575.81 25.00 25.00 alack eJv~r Townshio Adams, Clinton L. 91 CVD 1014 412.42 45.00 -00- I2J.lJte To~ns\1i'? Cameron, Willie Hugh 89 CVD 643 1,228.35 391. 80 340.00 Smith, Corbette No CVD 227.88 25.00 25.00 Waddell, Margie 89 CVD 1277 1,114.03 403.00 340.00 Byrd, James 89 CVD 0574 1,946.75 393.00 340.00 Grov~ 'r{"lwnship Barefoot, Sidney M. 90 CVD 1157 1,238.51 252,85 200.00 Dewar, Maggie Shannon 88 CVD 1026 1,266.75 642.52 357.97 Johnsonvil~e Townshte Cameron, Abraham 91 CVD 1005 625.83 255.00 200.00 .t~~art'B ~reek Townsh~ ~alker, Melvin C. 90 CVD 1038 2.565.02 249.00 200.00 ..~ Subtotal $17,754.34 $4,506.44 $3,289.45 .. Additional Attorney's Fees: CHARGE l2An Ut>LANATION 9-10-91 Clinton L. Ad~ms --91 CVD 1014 200.00 Services in connection with tax suit Attorney's Fees $3,489.45 NOTE: * Total collected includes taxes, interest and Court costs. .* Court costs includes attorney fees allowed by Court. 2. Advanced Costs: CHARGE I2An EXPLANATIOtf 9-1-91 Lillington Postmaster - certified mail 2.29 William Brown - 89 CVD 0871 9-3-91 Sheriff of Johnston County - service fee 10.00 Kimberly Hoffman - 91 CVD 0621 9-3-91 Lillington Postmaster - postage .75 , . Kimberly Hoffman - 91 CVD 0986 9-5-91 Li1lington Postmaster - certified mail 2.52 Mallie Tyndall - 91 CVD 0946 9-16-91 Lillington Postmaster - certified mail 2.52 Edna Thomas - 90 CVD 1080 9-17-91 Lillington Postmaster - certified mail 5.04 Bobby Wilder - 91 CVD 0145 9-17-91 Li11ington Postmaster - certified mail 2.52 Arthur Guin - 91 CVD 0619 9-17-91 Sheriff of Wake County - service fee 5.00 James Jones - 90 CVD 0539 9-18-91 Harnett County Tax Collector - payment of balance of taxes due with excess receipt of Court cost previously paid by taxpayer - Maggie Shannon Dewar - 67.03 88 CVD 1026 9-20-91 Lillington Postmaster - postage Jack L. Sealey - 91 CVD 0621 .52 9-20-91 Li1lington Postmaster - restricted mail Armondo Valde~,- 91 CVD 1095 10.04 9-20-91 Sheriff of Wake County - service fee Jack Sealey - 91 CVD 0621 10.00 9-23-91 Sheriff of Wake County - service fee Vincent Spears - 91 CVD 1046 5.00 425 Statement Page 3 October 7, 1991 I2An ~LAli~ CHARGE 9-23-91 Sheriff of Durham County - service fee Helen McKoy - 91 CVD 1105 10.00 9-23-91 Li11ington Postmaster - postage vincent Spears - 91 CVD 1096 2.14 9-23-91 Lil1ington Postmaster - postage Cleveland McDougald - 91 CVD 1106 4.05 9-24-91 Lil1ington Postmaster - postage Helen MCKoy - 91 CVD 1105 4.86 9-30-91 Lil1ington Postmaster - postage Charles Hugh Smith, Sr. - 91 CVD 1097 3.24 Total Advanced Costs 147.52 SUMMARY OF CHARGES & FEES Tax suits dismissed 3,289.45 Additional attorney's fees 200.00 Advanced costs 14 7.52 BALANCE DUE .~., 636. 9l 3. New Suits Started during the month of September, 1991 Averasboro Tow~ Charles Hugh Smith 91 CVD 1097 Vincent Spears 91 CV:J 1096 Buckhorn T9wns~ Armando Valdez 91 CVD 1095 I&\te To~ Helen McKoy 91 CVD 1105 Li11in9to~ Towns~ Lewis Alqie Stone 91 CVD 1107 St~~'s ~r.eek TownsUiQ Illa Lorraine McLean 91 CVD 1098 Upper Little River Township Cleveland McDougald 91 CVD 1106 ~~i{oL!2fnld(~ Post Office Box 39 Lillington, NC 27546 Telephone: (919) 893-5191 ..