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Home My WebLink About02212000732 HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting February 21, 2000 The Harnett County Board of Commissioners met in regular session on Monday, February 21, 2000 in the County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Dan B. Andrews, Chairman • Beatrice Bailey Hill, Vice Chairman Joseph T. Bowden Teddy J. Byrd Walt Titchener Staff present: Neil Emory, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Dwight W. Snow, County Attorney Kay S. Blanchard, Clerk to the Board Chairman Andrews called the meeting to order at 7 p.m. and Commissioner Teddy J. Byrd led the pledge of allegiance and prayer. Commissioner Titchener moved to approve the agenda as published with addition of the following items: Consent agenda: Budget amendment Resolution to add road to state system Salary adjustment for a Sheriff s Department position Regular agenda: Planning matters — Attorney Snow Education items — Mary B. Johnson Commissioner Bowden seconded the motion and it passed unanimously. is Upon motion by Commissioner Titchener and seconded by Commissioner Hill, the Board unanimously approved the following items on the consent agenda: 1. Minutes: Regular Meeting and Board Retreat, February 7, 2000 2. Budget Amendments: 195 Solid Waste Management Fund 580-Solid Waste Management) Code 580-0000-356.30-00 Insurance Reimbursement $1,520. increase 580-6600-461.43-16 Maintenance & Repair Equip. 1,520. increase 196 Medical Examiner (Fund 110-General) Code 110-5700-420.32-14 Medical Examiner 12,500. increase 110-0000-399.00-00 Fund Balance Appropriated 12,500. increase 197 Human Resources (Fund 110-General) Code 110-7402-465.74-74 Capital Outlay 8,000. decrease 110-8600-480.31-14 Central Carolina Community 8,000. increase 198 Restitution (Fund 110-General) Code 110-0000-331.79-01 JCPC Administrative 5,000. increase • 110-7930-441.32-61 JCPC Administrative 5,000. increase 201 Governing Body (Fund 110-General) Code 110-4100-410.31-72 Rape Crisis Pass -Through 38,009. increase 110-0000-331.41-07 WAVE Grant 35,000. increase 110-0000-331.41-05 Safe -Support & Transport Grant 3,009. increase 202 Tax (Fund 110-General) Code 110-0000-334.45-00 Don't Duck Metadata Grant 1,770. increase 110-4500-410.60-33 Materials & Supplies 500. increase 110-4500-410.58-14 Travel 100. increase 110-4500-410.12-00 Salaries & Wages-p.t. 1,170. increase 733 203 Cooperative Extension (Fund 110-General Code 110-7301-465.12-00 Salaries & Wages-p.t. 4,596. decrease 110-7301-465.11-00 Salaries & Wages 6,000. increase 110-7301-465.22-00 FICA Tax Expense 107. increase 110-7301-465.26-08 Workman's Comp. 20. increase 110-7301-465.21-00 Group Insurance 765. increase 110-7301-465.23-00 Retirement Expense 295. increase 110-7301-465.23-01 Supplemental Retirement 60. increase 110-7301-465.30-04 Professional Services 2,651. decrease • 204 Jury Commission (Fund 110-General) Code 110-4402-410.44-21 Building & Equipment Rent 13,600. increase 110-0000-399.00-00 Fund Balance 13,600. increase 205 Transportation (Fund 110-General) Code 110-0000-334.55-02 EDTAP Transportation Grant 22,813. increase 110-0000-334.55-05 RGP Transportation Grant 19,305. increase 110-4650-410.12-00 Salaries & Wages-p.t. 25,000. increase 110-4650-410.22-00 FICA Tax Expense 1,913. increase 110-4650-410.43-16 Maintenance & Repair -Equip. 1,000. increase 110-4650-410.54-26 Advertising 1,000. increase 110-4650-410.58-14 Travel 1,000. increase 110-4650-410.60-33 Materials & Supplies 3,000. increase 110-4650-410.60-36 Uniforms 800. increase 110-4650-410.33-45 Contracted Services 8,405. increase 206 Governing Body (Fund 110-General Code 110-4100-410.30-04 Professional Services 50,000. increase 110-0000-399.00-00 Fund Balance 50,000. increase 3. Tax Refunds and Releases (Attachment 1) is MARCH 6TH MTG. 4. Cancellation of the March 6d' Board meetingdue to Commissioners CANCELLED Hers being at the NACo Legislative Conference in Washington, D.C. at that time FEMA 5. Resolution designating the County's agent regarding FEMA Disaster Relief Fund (Attachment 2) BUDGET CALENDAR 6. FY 2000-2001 Budget Calendar (Attachment 3) PERSONNEL 7. Personnel Ordinance Amendment regarding longevity in order to provide ' LONRD. software 4 ( compliance with new computer soft(Attachment ) RESOL. 10 COMMAND. 8. Resolution in Support of The Ten Commandments (Attachment 5) ADD ROAD TO SYS. 9. Resolution to add road to state system (Attachment 6) SHER. DEPT. SALARY 10. Salary adjustment for narcotics corporal in the Sheriff's Department ADJUST. Informal comments regarding land use were provided by the following citizens: INFORMAL COMMENTS 1. Albert Patterson, Cool Springs Road, regarding land use petition •LAND USE 2. Charles Stewart, 2365 Lloyd Stewart Road, is working on petition; has 25 signatures of citizens who want RA-20R zoning 3. William Patterson, 4084 Patterson Road, wants RA-20 zoning 4. J. L. Patterson, 684 Patterson Road, recommends that all property north of Highway 421 be zoned RA-20R 5. Mike Ray, 3417 Spring Hill Church Road, had 42 people sign for RA-20R 6. Sheila Ray, 3417 Spring Hill Church Road, read statement regarding petitions 7. Debbie Thomas, 220 Buchanan Road 8. E. M. Roberts, Jr., 23 Cameron Road, owns 200 acres and wants RA-20R 9. E. J. Womack, 2785 Raven Rock Road, developer, RA-20R 10. Danny McDonald, Raven Rock Road, RA-20R 11. Andrea Currin, 1391 Peach Farm Road, RA-20R 12. Mary Ray, 3545 Spring Hill Church Road 13. Fred Raber, 2766 Doc's Road 7 3 4' Mary B. Johnson, addressed the Board regarding funding for public education and the need for basic reading skills. Commissioner Byrd made a motion for the appointments listed below. Commissioner APPOINTMENTS Bowden seconded the motion and it passed unanimously. Buies Creek -Coats Water & Sewer District Board of Advisors Alex Ennis appointed for a 3-year term to expire 2/28/03 Adult Care Home Communijy Advisory Committee Billy Tart for a 1-year term to expire 2/28/01 • Colonel William David, Garrison Commander, Fort Bragg, briefed the Board on a FORT BRAGG- proposal by Fort Bragg's leadership to develop the Overhills property into a youth golf OVERHILLS and conference center. "A CLEAN SWEEP" Carolyn McDougal, "A Clean Sweep" Cleaning Service discussed a proposed contract for cleaning services for the Health /DSS/Aging buildings at the Governmental Complex. The Board took no action on the matter. Chairman Andrews called to order a public hearing on a zoning change application for ZONING CHANGE William J. Holder, from RA-40 Zoning District to RA-30 Zoning District, SR 1780- Arrowhead Road, Duke Township, 1.507 acres. Lori Tomaszewski, Chief Planner, presented the proposed zoning change to the Board. Chairman Andrews opened the meeting for comments from the public. No comments were offered and Chairman Andrews closed the public hearing. The Planning Board recommended approval. Commissioner Bowden moved to approve the zoning change as requested. Commissioner Byrd seconded the motion and it passed unanimously. PUD ORDINANCE Chairman Andrews called to order a public hearing on a proposed Planned Unit Development Ordinance for the unzoned section of Harnett County. George Jackson, Planning Director, presented the proposed ordinance to the Board. Chairman Andrews opened the meeting for comments from the public. E. J. Womack, 2785 Raven Rock isRoad, asked what part of the County is unzoned. There being no further comments, Chairman Andrews closed the public hearing. Commissioner Bowden moved to adopt the Planned Unit Development Ordinance as presented. Commissioner Titchener seconded the motion and it passed unanimously. (Ordinance Book 2, page ___) RESOLUTION Neil Emory, County Manager, presented for the Board's consideration a resolution INSTALLMENT PURCH. authorizing the negotiation of an installment purchase contract, directing the CONTRACT FOR publication of notice for a public hearing and providing for certain other related COURTHOUSE AND matters regarding the financing to proceed on the Courthouse and Highlands HIGHLANDS SCHOOL Elementary School. Commissioner Titchener moved for adoption of the resolution. Commissioner Bowden seconded the motion and it passed unanimously. The public hearing will be held at the regular Board meeting April 3, 2000. (Attachment 7) CONTRACT FOR Neil Emory, County Manager, briefed the Board that as staff has worked to implement STUDY OF CIS central permitting they'discovered the need to better utilize the County's GIS resources and to standardize the current databases. Mr. Emory presented for the Board's consideration a proposed contract with CGIA to conduct a study of the County's current GIS resources and how to better utilize them to serve the citizens. Commissioner Bowden moved to authorize the contract. Commissioner Titchener seconded the motion and it passed unanimously. Departmental reports were filed with the Board from the Health Department, Fire . Marshal and Emergency Management, and Intra-Departmental Budget Amendments (Attachment 8). In the County Manager's report, Mr. Emory stressed the importance of everyone responding to the Census 2000 forms. ORD . AMEND. Dwight Snow, County Attorney, presented for the Board's consideration, An DEV. MORATORIUM Ordinance Amendment to Extend the Effective Time Limits of the Harnett County Development Moratorium. Commissioner Hill moved to adopt the ordinance and extend the moratorium for 90 days. Commissioner Bowden seconded the motion and it passed unanimously. (Attachment 9) 735 Commissioner Titchener moved to authorize referral of proposed zoning maps of the PROPOSED ZONING unzoned portion of the County to the Planning Board for their review and MAPS TO PLANNING recommendation. Commissioner Byrd seconded the motion and it passed BOARD FOR REVIEW unanimously. PROPOSED ZONING Commissioner Titchener moved to authorize the Planning Department to advertise for SOUTH OF RIVER any additional public hearings that might be required regarding proposed zoning south of the Cape Fear River. Commissioner Bowden seconded the motion and it passed unanimously. Commissioner Hill moved for the Board to go into closed session for the following • purposes: 1) To consider and discuss certain personnel matters; 2) To consult with the County Attorney concerning the following cases: a) Calvin Geddie vs. Thomas Parker, File No. 5:98-CV-325 BO(2) U.S. Dist. Ct. Eastern Dist. of N.C., Western Division b) Stanley Stewart vs. L. Connell Knott, Harnett County File No. 99 CvS 793 c) Evelyn Smith vs. Harnett County, Harnett County File No. 99 CvS 1236 This motion is made pursuant to N.C. General Statute Section 143-138.11(a)(3)&(6). Commissioner Byrd seconded the motion and it passed unanimously. Commissioner Titchener moved for the Board to come out of closed session. Commissioner Byrd seconded the motion and it passed unanimously. ADMIN. - SALARY Commissioner Bowden moved to authorize salary adjustments within Administration ADJUSTMENTS to be effective December 1, 1999. Commissioner Titchener seconded the motion and it passed unanimously. • Dwight W. Snow, County Attorney reported on settlements of two court cases. Two COURT casEs REPORT Commissioner Byrd moved that they be entered into the minutes of this meeting. Commissioner Bowden seconded the motion and it passed unanimously. (Attachment 10) There being no further business, Commissioner Byrd moved for adjournment. Commissioner Hill seconded the motion and it passed unanimously. The Harnett ADJOURNMENT County Board of Commissioners' regular meeting, February 21, 2000 duly adjourned at 10:10 p.m. Dan B. Andrews, Chairman Kay Blanchard, Clerk to the Board 0 736 MONTHLY REFUND REPORT 15Feb-ooAttachment 1. BILL NUMBER NAME REASON AMOUNT Approved by the om 9issl fs mi County Board o lC 00 a sod YEAR MONTH 1999001722 AVERY, ANNIE RUTH PAID SOLID WASTE FEES SOLID WASTE - 75.00 1999 855 BILL AVERY ROAD ON A DELETED PARCEL TOTAL - 75.00 02/00 COATS, NC 27521 19991830 AVERY, RUBY MAE & TAXPAYER DID NOT COUNTYWIDE - 20,000 X = 146.00 1999 02/00 DAVID M GODWIN RETURN AUDIT INFO, .73 TOTAL-146.00 309 MOULDEN SPRINGS ELD EX REFUND ERWIN, NC 28339 1999512284 BAREFOOT, GARLAND VEHICLE SOLD COUNTYWIDE - 560 X .68 = 3.80 1999 02/00 GRANT TOTAL - 3.80 1483 BETHEL BAPTIST ROAD SPRING LAKE, NC 28390 19952914 BEATTIE, FRANCES G & NO RESIDENCE ON SOLID WASTE - 37.50 1995 02/00 JOSEPH T GODFREY LAND, SW FEE CHARGED TOTAL - 37.50 2009 OWLS NEST ROAD SANFORD, NC 27330 19963049 BEATTIE, FRANCES G & NO RESIDENCE ON SOLID WASTE - 37.50 1996 02/00 JOSEPH T GODFREY LAND, SW'FEE CHARGED TOTAL - 37.50 2009 OWLS NEST ROAD SANFORD, NC 27330 19973191 BEATTIE, FRANCES G & NO RESIDENCE ON SOLID WASTE - 37.50 1997 02/00 JOSEPH T GODFREY LAND, SW FEE CHARGED TOTAL - 37.50 2009 OWLS NEST ROAD SANFORD, NC 27330 19983341 BEATTIE, FRANCES G & NO RESIDENCE ON SOLID WASTE - 37.50 1998 02/00 JOSEPH T GODFREY LAND, SW FEE CHARGED TOTAL - 37.50 2009 OWLS NEST ROAD SANFORD, NC 27330 19993446 BEATTIE, FRANCES G & NO RESIDENCE ON SOLID WASTE - 37.50 1999 02/00 JOSEPH T GODFREY LAND, SW FEE CHARGED TOTAL - 37.50 2009 OWLS NEST ROAD SANFORD, NC 27330 19973748 BETTS, RICKY & METAL BUILDING COUNTYWIDE - 2,560 X .68 = 17.41 1997 02/00 BONNIE DOUBLE LISTED N. HARN FIRE - 2,560 X .09 = 2.30 74 BETTS ROAD N. HARN RESC - 2,560 X .07 = 1.79 HOLLY SPRINGS, NC TOTAL - 21.50 27540 19983977 BETTS, RICKY & METAL BUILDING COUNTYWIDE - 2,560 X .68 = 17.41 1998 02/00 BONNIE DOUBLE LISTED N. HARN FIRE - 2,560 X .09 = 2.30 74 BETTS ROAD N. HARN RESC - 2,560 X .07 = 1.79 HOLLY SPRINGS, NC TOTAL - 21.50 27540 19963580 BETTS, RICKY & METAL BUILDING COUNTYWIDE - 2,560 X .70 = 17.92 1996 02/00 BONNIE DOUBLE LISTED N. HARN FIRE - 2,560 X .09 - 2.30 74 BETTS ROAD N. HARN RESC - 2,560 X .07 = 1.79 HOLLY SPRINGS, NC TOTAL - 22.01 27540 19953418 BETTS, RICKY & METAL BUILDING COUNTYWIDE - 3,514 X .70 = 24.60 1995 02/00 BONNIE DOUBLE LISTED N. HARN FIRE - 3,514 X .09 = 3.16 74 BETTS ROAD N HARN RESC - 3,514 X .07 = 2.46 HOLLY SPRINGS, NC TOTAL - 30.22 27540 19994063 BETTS, RICKY & METAL BUILDING COUNTYWIDE - 2,560 X .73 - 18.69 1999 02/00 BONNIE DOUBLE LISTED N. HARN FIRE - 2,560 X .09 - 2.30 74 BETTS ROAD TOTAL - 20.99 HOLLY SPRINGS, NC 27540 1998956169 CAYTON, GUY T MOTOR VEHICLE SOLD COUNTYWIDE -1762 X .68 - 11.99 1998 02/00 70 DOVE RIDGE LANE BLACK RIVER RESCUE -1762 X. 12 = SPRING LAKE, NC 28390 2.12 TOTAL -14.11 199910498 COMTEL COMPUTER DOUBLE LISTED COUNTYWIDE - 233 X .73 - 1.70 1999 02/00 CORP AVERAS. SCHOOL - 233 X .02 = .05 9050 MARSHALL COURT TOTAL - 1.75 WESTMINSTER, CO 80031 199914956 FARMVIEW MHP MOBILE HOMES DOUBLE COUNTYWIDE-105,462 X .73 - 769.87 1999 02/00 C/O ALAN PARKER LISTED AND. CRK FIRE-105,462 X. 11 - 116.01 201 MCKAY DR, LOT #63 TOTAL - 885.88 SPRING LAKE, NC 28390 199814350 FARMVIEW NW MOBILE HOMES DOUBLE COUNTYWIDE-109,377 X .68 = 743.76 1998 02/00 C/O ALAN PARKER LISTED AND. CRK FIRE-109,377 X. 12 = 131.25 201 MCKAY DR, LOT #63 TOTAL - 875.01 SPRING LAKE, NC 28390 ri TOWN • • 737 BILL NUMBER NAME REASON AMOK 19984415.8 TART, ERA MAE ELD. EXEMPT. DROPPED COUNTYWIDE - 20,000 X .68 - 136.00 STEWART IN ERROR AVERAS. FIRE - 20,000 X .04 - 8.00 740 LANE ROAD AVERAS. RESCUE - 20,000 X .05 - 10.00 DUNN, NC 28334 AVERAS. SCHOOL - 20,000 X .02 - 4.00 TOTAL-138.00 YEAR MONTH TOWN 1998 02/00 199946006 TART, ERA MAE ELD. EXEMPT. DROPPED COUNTYWIDE - 20,000 X .73 - 146.00 1999 02/00 STEWART INERROR AVERAS. FIRE - 20,000 X .04 - 8.00 740 LANE ROAD AVERAS. SCHOOL - 20,000 X .02 - 4.00 • DUNN, NC 28334 TOTAL-158.00 1998049698 WILBOURNE, JR WRONG FIRE DISTRICT GROVE FIRE - 5,290 X .08 - 4.23 1998 02/00 WILLIAM T TOTAL - 4.23 6911 WILLSHIRE BLVD CHEYENNE, WY 82009- 2708 1998049697 WILBOURNE, JR WRONG FIRE DISTRICT GROVE FIRE - 131,160 X .08 = 104.93 1998 02/00 WILLIAM T TOTAL - 104.93 6911 WILLSHIRE BLVD CHEYENNE, WY 82009- 2708 1998049696 WILBOURNE, JR WRONG FIRE DISTRICT GROVE FIRE-11,010 X .08 = 8.81 1998 02/00 WILLIAM T TOTAL - 8.81 6911 WILLSHIRE BLVD CHEYENNE, WY 82009- 2708 1998673995 WILLIAMS, II STANLEY NOT IN CITY LIMITS TOWN OF DUNN-10,180 X .46 = 46.83 1998 02/00 P TOWN STICKER - 5.00 330 JONESBORO ROAD TOTAL - 51.83 DUNN, NC 28334 1999972261 WILLIAMS, JAMES O DOES NOT LIVE IN THE TOWN OF ERWIN - 7,640 X .48 = 36.67 1999 02/00 1699 OLD STAGE RD, S CITY OF ERWIN TOTAL - 36.67 ERWIN, NC 28339 1999530612 WILLIAMS, JAMES O DOES NOT LIVE IN THE TOWN OF ERWIN -1,330 X .48 = 6.38 1999 02/00 1699 OLD STAGE RD, S CITY OF ERWIN TOTAL - 6.38 • ERWIN, NC 28339 0 DUNN ERWIN ERWIN 738 BILL NUMBER NAME REASON AMOUNT YEAR MONTH TOWN 199713648 FARMVIEW MHP MOBILE HOMES DOUBLE COUNTYWIDE C/O ALAN PAR LISTED 201 MCKAY DR, LOT #63 -130,626 X .68 = 888.26 AND. CRK FIRE-130,626 X. 12 - 156.75 1997 02/00 SPRING LAKE, NC 28390 TOTAL-1,045.01 1999532928 GREGORY, ARNOLD L 4388 US 401 S MOTOR VEHICLE SOLD COUNTYWIDE - 8,750 X .73 = 63,88 1999 02/00 LILLINGTON, NC 27546 PLATWOODS FIRE - 8,750 X. 15 -13.13 TOTAL - 77.01 1999503450 GUNN, LESTER ALLEN 103 MILITARY EXEMPTION COUNTYWIDE - 2,680 X = 18.22 LYNN ST. SPRING LAKE, NC 28390 .68 AND CRK FIRE - 2,680 X. 12 - 3.22 1999 02/00 TOTAL - 21.44 1997543238 HASSON, SCOTT W. 9652 RUN MILITARY EXEMPTION COUNTYWIDE - 8,540 X .70 = 64.05 1997 02/00 LINDENEN,, N NC 28356 ERWIN FIRE - 8,540 X .05 = 4.27 TOTAL - 64.05 1998636909 HASSON, SCOTT W. 9652 LUKES RUN MILITARY EXEMPTION COUNTYWIDE-15,230 X .68 = 103.56 1998 02/00 LINDEN, NC 28356 ERWIN FIRE-15,230 X .05 = 7.62 TOTAL-111.18 1999512885 HASSON, SCOTT W. 9652 RUN MILITARY EXEMPTION COUNTYWIDE - 5,850 X .68 = 39.78 1999 02/00 LINDENEN,, N NC 28356 FLATBRANCH FIRE - 5,850 X. 12 = 7.02 TOTAL - 46.80 1999967265 HASSON, SCOTT W, 9652 RUN MILITARY EXEMPTION COUNTYWIDE-12,900 X .68 = 87.72 1999 02/00 LINDENEN,, N NC 28356 FLATBRANCH FIRE-12,900 X. .12 15.48 TOTAL-103.20 1998663082 HASSON, SCOTT W. MILITARY EXEMPTION COUNTYWIDE - 7,200 X .68 = 48.96 1998 02/00 9652 LUKES RUN ERWIN FIRE - 7,200 X = 3.60 LINDEN, NC 28356 .05 TOTAL - 52.56 1998694489 HASSON, SCOTT W. MILITARY EXEMPTION COUNTYWIDE-11,520 X .68 = 78.34 1998 02/00 9652 LUKES RUN FLATBRANCH FIRE-11,520 X. 12 = LINDEN, NC 28356 13.82 TOTAL - 92.16 199921600 HONEYCUTT & LOT UNBUIL DABLE, COUNTYWIDE-15,300 X .73 - 111.69 1999 02/00 ANGIER BULLOCK, LLC COMMON AREA TOWN OF ANGIER-15,300 X - 70.38 1912 PINECROFT ROAD .46 BLACK RIVER FIRE - 15,300 X = ANGIER, NC 27501 .07 10.71 TOTAL-192.78 1999520459 JACKSON, WILLIAM MOTOR VEHICLE SOLD COUNTYWIDE - 971 X .73 = 7.09 1999 02/00 ROY GROVE FIRE - 971 X .08 - 5671 RED HILL CHURCH .77 TOTAL - 7.85 ROAD COATS, NC 27521 1998028834 MCDONALD, JR., CARL PROPERTY NOT IN A FIRE AND. CRK FIRE - 54,540 X. 12 = 65.45 1998 02/00 686 BETHEL BAPTIST DISTRICT TOTAL - 65.45 ROAD SPRING LAKE, NC 28390 1998028835 MCDONALD, JR-, CARL PROPERTY NOT IN A FIRE AND. CRK FIRE - 86,390 X .12 = 103.67 1998 02/00 686 BETHEL BAPTIST DISTRICT TOTAL-103.67 ROAD SPRING LAKE, NC 28390 1998028833 MCDONALD, JR., CARL PROPERTY NOT IN A FIRE AND. CRK FIRE - 5,760 X. 12 = 6.91 1998 02/00 686 BETHEL BAPTIST DISTRICT TOTAL - 6.91 ROAD SPRING LAKE, NC 28390 1999541624 MOTRE, THOMAS MOTOR VEHICLE SOLD COUNTYWIDE -1,467 X .73 = 10.70 1999 02/00 ERWIN MARTIN TOWN OF ERWIN -1,467 X .48 - 7.04 565 RAEFORD ROAD ERWIN FIRE -1,467 X .05 = .73 ERWIN, NC 28339 TOTAL -18.47 1999510239 RYALS, DENNIS LEE VEHICLE SOLD COUNTYWIDE - 4,474 X .68 - 30.43 1999 02/00 1410 JONESBORO ROAD AVERAS FIRE - 4,474 X .04 = 1.79 DUNN, NC 28334 AVERAS. RESC - 4,474 X .05 - 2.24 AVERAS. SCHOOL - 4,474 X .02 - .90 TOTAL - 35.36 1999501220 SILLS, MARTHA V MOTOR VEHICLE SOLD COUNTYWIDE - 743 X .68 = 5.05 1999 02/00 743 CAROLINA DR AVERAS. FIRE - 743 X .04 = .29 DUNN, NC 28334 AVERAS. RESC. - 743 X .05 = .37 AVERAS. SCHOOL - 743 X .02 - .14 TOTAL - 5.95 1999532337 SMITH, SELMA VEHICLE TOTALED COUNTYWIDE - 5,253 X .73 - 38.35 1999 02/00 645 ANDERSON CREEK AVERAS. FIRE - 5,253 X .12 = 6.31 SCH ROAD TOTAL - 44.66 BUNNLEVEL, NC 28323 199943947 STATEN, HARRY & JOY DOUBLE LISTED COUNTYWIDE-18,202 X .73 - 132.97 1999 02/00 DAYS COURT, MHP #46 BENHAVEN FIRE-18,202 X .07 = 12.74 SANFORD, NC 27330 PENALTY - 4.00 TOTAL-149.61 • • 739 Attachment 2. DESIGNATION OF APPLICANT'S AGENT RESOLUTION BE rT RESOLVED BY Board of Commissioners OF Harnett Count • (Governing Body) (Public Entity) THAT Neil Emory _ _ County Manager (Name of Incumbent) r (Official Position) OR Governor's Authorized Representative, is hereby authorized to execute for and in behalf of Harnett County a public entity established under the laws of the State of North Carolina this application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law 288, 93rd Congress) or otherwise available from the President's Disaster Relief Fund. THAT Harnett County , a public entity established under the laws of the State of North Carolina hereby authorizes its agent to provide to the State and to the Federal Emergency Management Agency (FBMA) for all matters pertaining to such Federal disaster assistance the assurances and agreements printed on the reverse side hereof. Passed and approved this 21 st Februar day of y � 2000 "S G (Name and Title) Dan B. Andrews, Chairman Harnett County Board of Commissioners • (Name and Title). (Name and Title) CERTIFICATION 0 I, Kay S. Blanchard duly appointed and Clerk to the Board of (Title) Harnett County Bd. of Commissioner% hereby certify that the above is a true and correct copy of a resolution passed and approved by the Bd. of Commissioners of Harnett County (Governing Body) (Public Entity) on the 21st day of February X 2000 Date: 02 /21 /00 Clerk to the Board f �/ (Official Position) ,; � � —�-1. 0 (Signature) Q' r_ Kay S. Blanchard r.r,ft• * Name of incumbent need not be provided in those 4'�O? where the governing body of the public entity desires to authorize any incumbent of the designated official position to represent it. Rcr. flAlYY Attachment 3, 2000-2001 BUDGET CALENDAR February 8, 2000 Distribute Budget Forms to Departments March 1, 2000 Distribute Budget Forms to Special Districts (Fire and Rescue) March 20, 2000 Departments Submit Budgets to County Manager March 27, 2000 Tax Administrator Submits Estimated Levy Information March 21-31, 2000 Budget Meetings with Department Heads April 17, 2000 Receive Budgets from Board of Education and Community College April 17, 2000 Tax Administrator Submits Final Tax Levy Information April 3-April 28, 2000 Meetings with Agencies Requesting Funding May 1, 2000 Special Districts Submit Budgets (Fire and Rescue) May 1, 2000 Submit Budget and Budget Message to Board May 1, 2000 Publish Notice That Budget Has Been Filed and Public Hearing Will Be Held June 7, 1999. (Publish at least 10 days prior to June 7) May 1-31, 2000 Work Sessions With Board June S, 2000 Hold Public Hearing on Budget June 19, 2000 Board of Commissioners Meeting - Budget Scheduled for Consideration to be Approved F:\USERS\SHIRLEY\BUDGET\CALENDAR.dOC Attachment 4. Amendment 3 ORDINANCE AMENDING AN ORDINANCE ENTITLED PERSONNEL ORDINANCE FOR HARNETT COUNTY, NORTH CAROLINA ADOPTED JANUARY 6,1997 WHEREAS, the Harnett County Board of Commissioners adopted an ordinance on January 6, 1997 entitled "Personnel Ordinance for Harnett County, North Carolina"; and WHEREAS, this Board is of the opinion that the amendment set forth below is necessary to the clear and efficient working of the ordinance. NOW, THEREFORE, BE IT ORDAINED that Article III. The Pay Plan, Section 12. Longevity Pay, subparagraph (b) Payment for Longevity, is hereby amended and replaced with amended Article III. The Pay Plan, Section 12. Longevity Pay, subparagraph (b) Payment for Longevity, as provided below. ARTICLE III. THE PAY PLAN SECTION 12. LONGEVITY PAY (b) Payment of Longevity. The amount of longevity payment shall be based on the employee's salary on November 30, and paid annually in a lump sum the first week in December of the same year. This payment shall not be made a part of the employee's base salary. is • • 741 Duly adopted this 2 1 " day of February, 2000. HARNETT COUNTY BOARD OF COMMISSIONERS Dan B. Andrews, Chairman ATTEST: • Kay ST Blanchard, Clerk to the Board Attachment 5. BOARD OF COMMISSIONERS DAN B. ANDaews, Ja., Chairman BnATatt$ B. Hai., Vice -Chairman JosaPtt T. BOWDEN MODY B"D Wet.T Trrctmr®e T qrN CA pJ� COUNTY OF HARNETT P.O. BOX 759 • M INGTON, N.C. 27546 (910) 893-7555 • FAX (910) 814-2662 • A RESOLUTION IN SUPPORT OF THE TEN COMMANDMENTS WHEREAS, our nation was founded on biblical principles; and COUNTY MANAGER NEn. Ewan Wm- A. (TarY) Wa.D®t, Assistant CLERK TO THE BOARD KAY S. BLANCHAao WHEREAS, the passage of new laws to stop violence has had little, if any, beneficial effect and has diminished the personal liberty of law-abiding citizens; and WHEREAS, our freedom can best be maintained if we respect the lives, person, and property of others; and WHEREAS, there is no better code of moral conduct than The Ten Commandments, and many of our laws have their origin in The Ten Commandments. THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners supports legislation to permit the display of The Ten Commandments in all public buildings. Adopted this 2 1 " day of February, 2000. HARNETT COUNTY BOARD OF COMMISSIONERS • ATTEST: Dan B. Andrews, Chairman Ka.,-, J . C N n Jrd Kay S. lanchard, Clerk to the Board Harnett County does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment or the provision of services. 742 Attachment 6. BOARD OF COMNUSIONERS D,w B. AmRm, JR., Chairmmn BEwnncs B. Hai., lice -Chairman Josm T. BU*Uw TEr Bm WALT TffCHEN x S.AFk COUNTY OF HARNETT P.O. BOX 759 • LR1JNGTON, N.C. 27546 (910) 893-7555 • FAX (910) 814-2662 RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners CLERK TO THE BOARD KAY S. BLmcHmD does hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed streets. Huntington Subdivision Huntington Drive Adopted this.21 st day of February, 2000. HARNETT COUNTY BOARD OF COMMISSIONERS Dan B. Andrews, Chairman ATTEST: Kay S. Blanchard Clerk to the Board Attachment 7. RESOLUTION OF THE BOARD OF CONMUSSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENT PURCHASE CONTRACT, DIRECTING THE PUBLICATION OF NOTICE wrrn RESPECT THERETO AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO • is WHEREAS, the County of Harnett, North Carolina (the "County') is a validly existing political subdivision of the State of North Carolina, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina (the "State'); WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina to (i) • purchase real and personal property, (ii) enter into installment purchase contracts in order to finance the purchase of real and personal property used, or to be used, for public purposes, and (iii) grant a security interest in some or all of the property purchased to secure repayment of the purchase price; WHEREAS, the Board of Commissioners of the County of Harnett, North Carolina (the "Board of Commissioners'), determines that it is in the best interest of the County to enter into (a) an installment purchase contract (the "Contract') with the Harnett County Public Facilities Corporation, a North Carolina nonprofit corporation (the "Corporation"), in order to pay the capital costs of (i) constructing (A) Detention and Courthouse Facilities, and (B) Court Administrator, Tax Assessor and Register of Deeds offices (the "Courthouse', and (ii) constructing a new elementary school (the "School" and collectively with the Courthouse the "Project') and (b) a deed of trust and security agreement related to the County's fee simple interest in the real property (the "Sites') on which the Courthouse and the School are located (the "Deed of Trust'). 743 WHEREAS, the County hereby determines that the acquisition of the Project is essential to the County's proper, efficient and economic operation and to the general health and welfare of its inhabitants; that the Project will provide an essential use and will permit the County to carry out public functions that it is authorized by law to perform; and that entering into the Contract and Deed of Trust is necessary and expedient for the County by virtue of the findings presented herein; WHEREAS, the County hereby determines that the Contract allows the County to purchase the Project and take title thereto at a favorable interest rate currently available in the financial marketplace and upon terms advantageous to the County; WHEREAS, the County hereby determines that the estimated cost of the acquisition of the Project is an amount not to exceed $28,000,000 and that such cost of the acquisition of the Project exceeds the • amount that can be prudently raised from currently available appropriations, unappropriated fund balances and non -voted bonds that could be issued by the County in the current fiscal year pursuant to Article V, Section 4 of the Constitution of the State; WHEREAS, although the cost of financing the acquisition of the Project pursuant to the Contract is expected to exceed the cost of financing the acquisition of the Project pursuant to a bond financing for the same undertaking, the County hereby determines that the cost of financing the acquisition of the Project pursuant to the Contract and Deed of Trust and the obligations of the County thereunder are preferable to a general obligation bond financing or revenue bond financing for several reasons, including but not limited to the following: (i) the cost of a special election necessary to approve a general obligation bond financing, as required by the laws of the State, would result in the expenditure of significant funds; (ii) the time required for a general obligation bond election would cause an unnecessary delay which would thereby decrease the financial benefits of acquiring, constructing, improving and equipping the Project; and (iii) no revenues are produced by the Project so as to permit a revenue bond financing; WHEREAS, the County has determined and hereby determines that the estimated cost of financing the acquisition of the Project pursuant to the Contract reasonably compares with an estimate of similar costs under a bond financing for the same undertaking as a result of the findings delineated in the above preambles; WHEREAS, the County has determined and hereby determines, pursuant to Section 153A-158.1 of the General Statutes of North Carolina, that it will acquire title to the Site on which the School will be constructed (the "School Site') by general warranty deed from the Harnett County Board of Education for a price to be negotiated between the Harnett County Board of Education and the Board of Commissioners; WHEREAS, the County does not anticipate future property tax increases solely to pay installment payments falling due under the Contract in any fiscal year during the term of the Contract; • WHEREAS, Parker, Poe, Adams & Bernstein L.L.P., as special counsel ("Special Counsel'), will render an opinion to the effect that entering into the Contract and the transactions contemplated thereby are authorized by law and constitute a purpose for which public funds may be expended pursuant to the Constitution and laws of the State; WHEREAS, no deficiency judgment may be rendered against the County in any action for its breach of the Contract, and the taxing power of the County is not and may not be pledged in any way directly or indirectly or contingently to secure any moneys due under the Contract; WHEREAS, the County is not in default under any of its debt service obligations; WHEREAS, the County's budget process and Annual Budget Ordinance are in compliance with the Local Government Budget and Fiscal Control Act, and external auditors have determined that the County has conformed with generally accepted accounting principles as applied to governmental units in preparing its Annual Budget ordinance; WHEREAS, past audit reports of the County indicate that its debt management and contract obligation payment policies have been carried out in strict compliance with the law, and the County has not been censured by the North Carolina Local Government Commission (the "LGC'), external auditors or any other regulatory agencies in connection with such debt management and contract obligation payment policies; WHEREAS, a public hearing on the Contract and the County's acquisition of the School Site after publication of a notice with respect to such public hearing must be held and approval of the LGC with respect to entering the Contract must be received; and WHEREAS, the County hereby determines that all findings, conclusions and determinations of the County in this Resolution are subject to modification or affirmation after all interested parties have been • afforded the opportunity to present their comments at a public hearing regarding the execution and delivery of the Contract, the Deed of Trust and the acquisition of the Project to be financed thereby. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARA= NORTH CAROLINA, AS FOLLOWS. Section 1. Authorization to Negotiate Contract. That the County Manager and the Finance Officer, with advice from the County Attorney and Special Counsel, are hereby authorized and directed to proceed and negotiate on behalf of the County for the financing of the acquisition of the Project for a principal amount not to exceed $27,500,000 under the Contract to be entered into in accordance with the provisions of Section 160A-20 of the General Statutes of North Carolina and to provide in connection with the Contract, as security for the County's obligations thereunder, the Deed of Trust conveying a lien and interest in the portion of the Project consisting of the Sites of the County Courthouse and School as may be required by the entity, or its assigns, providing the funds to the County under the Contract. Section 2. Authorization to Acquire Site. That the County Manager and the Finance Officer are hereby authorized and directed to proceed and negotiate on behalf of the County the acquisition of title to the School Site by general warranty deed from the Harnett County Board of Education. 744 Section 3. Application to LGC. That the Finance Officer or her designee is hereby directed to file with the LGC an application for its approval of the Contract and all relevant transactions contemplated thereby on a form prescribed by the LGC and to state in such application such facts and to attach thereto such exhibits regarding the County and its financial condition as may be required by the LGC. Section 4. Direction to Retain Special Counsel, Underwriters. That the County Manager and the Finance Officer, with advice from the County Attorney, are hereby authorized and directed to retain the assistance of Parker, Poe, Adams & Bernstein L.L.P., Charlotte, North Carolina, as special counsel, and the County Manager and the Finance Officer are authorized to retain Scott & Stringfellow, Inc., as underwriters. Section 5. Public Hearing. That a public hearing (the "Public Hearing') shall be conducted by the Board of Commissioners on April 3, 2000 at 7:30 p.m. in the County Board of Commissioners • Assembly Room, 102 East Front Street, Lillington, North Carolina, concerning the Contract, the Deed of Trust, the proposed acquisition of the Project and the School Site and any other transactions contemplated therein and associated therewith. Section 6. Notice of Public Hearing. That the County Clerk is hereby directed to cause a notice of the Public Hearing, in the form attached hereto as Exhibit A, to be published once in a qualified newspaper of general circulation within the County no fewer than 10 days prior to the Public Hearing. Section 7. Repealer. That all motions, orders, resolutions and parts thereof in conflict herewith are hereby repealed. Section 8. Effective Date. That this Resolution shall become effective on the date of its adoption. STATE OF NORTH CAROLINA SS: COUNTY OF HARNETT I, Kay S. Blanchard, Clerk to the Board of Commissioners of the County of Harnett, North Carolina, DO HEREBY CERTIFY, as follows: 1. A regular meeting of the Board of Commissioners of the County of Harnett, a political subdivision of the State of North Carolina, was duly held on Monday, February 21, 2000, proper notice of such meeting having been given as required by North Carolina statute, and minutes of said meeting have is been duly recorded in the Minute Book kept by me in accordance with law for the purpose of recording the minutes of said Board of Commissioners. I have compared the attached extract with said minutes so recorded and said extract is a true copy of said minutes and of the whole thereof insofar as said minutes relate to matters referred to in said extract. 3. Said minutes correctly state the time when said meeting was convened and the place where such meeting was held and the members of said Board who attended said meeting. IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the corporate seal of said County, this 21st day of February, 2000. (SEAL) KAY S. BLANCHARD Clerk to the Board of Commissioners County of Harnett, North Carolina EXHIBIT A • NOTICE OF PUBLIC HEARING BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA At its February 21, 2000 meeting, the Board of Commissioners (the Board of Commissioners') of the County of Harnett, North Carolina (the "County'), adopted a resolution which: 1. Authorized the County to proceed to pay the capital costs of (i) constructing (A) Detention and Courthouse Facilities, and (B) Court Administrator, Tax Assessor and Register of Deeds offices (the "Courthouse'), (ii) constructing a new elementary school (the "School'), and (iii) making improvements and renovations to existing school facilities in the County (the "Improvements" and collectively with the Courthouse and School the "Project') pursuant to an installment purchase contract (the "Contract'), in a principal amount not to exceed $28,000,000 under which the County will make certain installment payments, for the acquisition of the Project, in order to make the Project available to the County; '745 • • 2. Authorized the County to acquire title by general warranty deed from the Harnett County Board of Education to the Site on which the School will be constructed (the "School Site') under Section 153A-158.1 of the General Statutes of North Carolina; 3. Authorized the County to proceed to provide, in connection with the Contract, as grantor, a deed of trust and security agreement (the Deed of Trust') under which the Sites on which the County Courthouse is to be located on Cornelius Harnett Boulevard adjacent to the County's Social Services Department Building and Health Department Building, and on which the School is to be located on Buffalo Lake Road in the County (S.R. 1115) approximately 2 miles south of N.C. 27 and 2 miles north of N.C. 87, will be mortgaged by the County to create such lien thereon as may be required for the benefit of the entity, or its assigns, providing the funds to the County under the Contract. The Sites identified above will be mortgaged under the Deed of Trust. The improvements on the Sites, including the County Courthouse and the School, will also be subject to the mortgage provided in the Deed of Trust. Upon payment by the County of all installment payments due under the Contract, the Deed of Trust and any lien created thereunder will terminate and the County's title to the Sites and the Courthouse and School will be unencumbered. NOTICE IS HEREBY GIVEN, pursuant to Sections 160A-20 and 153A-158.1(a) of the General Statutes of North Carolina, that on April 3, 2000 at 7:30 p.m. in the County Board of Commissioners Assembly Room, 102 East Front Street, Lillington, North Carolina, a public hearing will be conducted concerning the approval of the execution and delivery of the Contract and the Deed of Trust and the County's acquistion of the School Site. All interested parties are invited to present comments at the public hearing regarding the execution and delivery of the Contract and the Deed of Trust and the Project to be financed thereby and the County's acquistion of the School Site. KAY S. BLANCHARD Clerk to the Board of Commissioners County of Harnett, North Carolina Published: March , 2000 PPAe-CHl/409802.3 Attachment 8. INTRA-DEPARTMENTAL BUDGET AMENDMENTS FOR THE PERIOD JANUARY 29, 2000 - FEBRUARY 18, 2000 hr 192 Public Utilities 531-9000-431.30-04 , 4 January 31, 2000 Professional Services $10,000 531-9000431.32-77 Credit Card Processing Fees ($10,000) February 2, 2000 193 Emergency Services 110-5300-420.58-01 Training & Meetings $1,000 110-5300420.58-14 Travel Administration ($1,000) February 3, 2000 194 Health 110-7600441.32-26 Incentives ($2,100) 110-7600-441.41-11 Telephone & Postage $100 110-7600441.58-14 Travel $350 110-7600-441.64-25 Books & Publications $400 110-7600-44.60-33 Materials & Supplies $750 110-7600441.6046 Medical Supplies $500 February 8, 2000 199 Airport 1104165406.3345 Contracted Services ($10,500) 1104165406.60-31 Gas & Oil $10,500 February 10, 2000 200 Public Buildings 1104700410.43-17 Maintenance & Repair - Grounds ($600) 1104700410.44-21 IBuilding & Equipment Rent $600 746 Attachment 9. AN ORDINANCE AMENDMENT TO EXTEND THE EFFECTIVE TIME LIMITS OF THE HARNETT COUNTY DEVELOPMENT MORATORIUM THAT WHEREAS, on September 7, 1999 the Harnett County Board of Commissioners unanimously adopted an ordinance entitled, "An Ordinance Establishing a Six (6) Month Moratorium on the Processing or Issuance of Certain Land Use Permits for Those Portions of Harnett County Which are Unincorporated, Unzoned and Located South of the Cape Fear River"; and, WHEREAS, the stated purpose of the Moratorium was to allow the Commissioners, the Planning Board and the Planning Department staff an opportunity to gather the necessary information and to obtain public input regarding possible zoning in the unzoned areas of Harnett County while a moratorium was in effect on certain development; and WHEREAS, since the adoption of the Moratorium Ordinance on September 7, 1999, the Board of Commissioners has participated in public meetings in each of the six townships in Harnett County that are either totally unzoned or have unzoned areas in order to receive public input concerning proposed zoning. In addition, the Board has received numerous petitions, letters and communications from citizens regarding zoning; that the County Planning Department has researched and mapped current land uses in the unzoned portions of Harnett County in conjunction with the findings of the 1999 Update to the Harnett County Land Use Plan and as a result thereof various drafts of proposed zoning maps have been prepared and issued for public review; that on February 17, 2000, a public hearing on proposed zoning was held at the Harnett Central Middle School auditorium which was attended by approximately 450 citizens where 38 individuals spoke and asked questions on the record concerning zoning and the proposed zoning maps; and WHEREAS, as a result of the great amount of interest and citizen input on this most important issue, the Board of Commissioners has decided that prior to the instigation and adoption of any zoning in those unzoned areas of Harnett County located south of the Cape Fear River that additional time is needed for the Board, the County Planning Board and the County Planning Department to analyze and review the proposed zoning information and the citizens' input from the various meetings and public hearing and in doing so an extension of the Development Moratorium Ordinance is in order and the Board of Commissioners desires through this amendment instrument to do so. NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Board of Commissioners of the County of Harnett, N. C. as follows: That the six month effective time of the Harnett County Development Moratorium Ordinance which began on September 7, 1999 and extended until March 6, 2000 is hereby extended for ninety (90) days until June 4, 2000 or until the adoption date of a zoning map which would add certain unzoned portions of Harnett County located south of the Cape Fear River to the territorial coverage of the current Harnett County Zoning Ordinance, whichever date shall first occur. All of the moratorium provisions including the processing or issuance of development permits as contained in the Harnett County Development Moratorium Ordinance of September 7, 1999 shall remain in full force and effect during this extension period. Duly adopted by unanimous vote of the Harnett County Board of Commissioners at its regular meeting 9# ebruary 21, 2000. :s3an�ts.' i. HARNETT COUNTY BOARD OF COMMISSIONERS y. �* • Dan B. Andrews, Chairman /<a,. &&M�Awrd KC y 191anchard Clerk to the Board • • 747 • C� • NORTH CAROLINA HARNETTCOUNTY I, a Notary Public of the County ai rid State aforesaid, certify that Dan B. Andrews personally came before me this day who being by tr ie duly sworn, deposes and says: that he is the Chairman of the Harnett County Board of Commissioners and Kay Blanchard is the Clerk of said Board, that the seal affixed to the foregoing instrumen 1 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 Co, unty, and the said Dan B. Andrews acknowledged said instrument to be the act and deed of Ham .ett County. Witness my hand and official stan ap or seal, this —AL!, ay of February, 2000. My Commission Expires: _�*O/ P. µ�yy{litlktllfife a '•,,�0�'6L\,Z' :JG r rryj` N.Q�tl+``�� V Jai - 1-PNEMEW rl' ' North Car6Mm-14arhel4 ► . Ding cod of Gp notary pu",.. 'v% ubHc) Wars r. a Mod t s '.JrP4Ci. tF:>::R!:Aruau t wss preset for raplctrat�� and ttd in th:s cf.xrs nt Book l page Thts RSOSURW ( ee& l Attachment 10. IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION No. 5:98-CV-325BO(2) CALVIN GEDDIE, ) Plaintiff, ) V. ) THOMAS PARKER, Individually and in ) his Official Capacity, ) Defendant. ) FILED DEC 13 1999 DAVID W, DANIEL CLERK 8Y DI CTCOURT, EDNC DEP. CLERK STIPULATION OF DISNIISSAL The parties hereto, through counsel and pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, hereby stipulate and agree that this action and all claims asserted herein against Defendant are hereby dismissed with prejudice. The parties further stipulate that all parties will bear their own costs,a``ttorgeys' fees, and other expenses of litigation. This the UL day of Decembgy99. P.O. Box 2446 Lillington, North Carolina Attorney for Plaintiff Robert H. Sasser, III ` Mark A. Davis Post Office Box 831 Raleigh, North Carolina 27602 Attorneys for Defendant KNOW ALL MEN BY THESE PRESENTS that CALVIN GEDDIE (hereinafter "Releasor") makes this agreement in release and settlement of all claims against THOMAS PARKER, the HARNETT COUNTY SHERIFF'S DEPARTMENT, and HARNETT COUNTY (hereinafter "Releasees'), as is more particularly described herein. WITNESSETH: In consideration ofthe compromise of disputed claims and the payment ofthe sum of FOUR THOUSAND DOLLARS AND 00/100 ($4,000.00) by the Releasees to Releasor, the receipt of which Releasor hereby acknowledges, Releasor voluntarily and knowingly executes this Release with the express intention of effecting the extinguishment of any and all rights, claims, demands or obligations which Releasor has against Releasees on account of, connected with, or growing out of the matters referred to herein. 1. Releasor does for himself, his heirs and assigns, and agents and representatives hereby RELEASE, ACQUIT, HOLD HARMLESS, AND FOREVER DISCHARGE Releasees, in their official and individual capacities, their agents, servants, employers, employees, officers, directors, commissioners, insurers and attorneys, of and from any and all claims, actions or causes of action, demands, damages (actual, compensatory and punitive), costs, judgments, expenses, liabilities, attorneys' fees and .legal costs, injunctive or declaratory relief, whether known or unknown, whether in law or inequity, whether in tort or contract, of any kind or character, including, without limitation, claims to recover damages for excessive force; retaliation; violation of the right to personal security; deprivation of medical care; violation of right to freedom of speech and expression; illegal and unreasonable searches and seizures; false imprisonment; false arrest; illegal detention; malicious prosecution; violations ofthe United States Constitution; violations ofthe North Carolina Constitution; abuse of process; negligence; violation of North Carolina law; assault; battery; intentional and/or negligent infliction of emotional distress; claims under 42 U.S.C. § 1983; claims under 42 U.S.C. §1988; use of deadly force; violation of due process; violation of equal protection rights; personal injuries; pain and suffering; emotional distress; embarrassment, humiliation, mental and physical pain and anguish, medical expenses; actual damages; compensatory damages; punitive damages; medical expenses; loss of earning capacity; which he now has, or might otherwise have, against the Releasees, arising as a result of or relating to the incidents which form the basis for the lawsuit captioned Calvin Geddle v Thomas Parker, individually and in his official • • is 749 capacity which is currently pending in the United States District Court for the Eastern District of North Carolina bearing File No. 5:98-CV-325BO(2) ("the Lawsuit'), and which were, or could have been, asserted in the Lawsuit. It is the intent of Releasor that all claims or matters that are, or might be, in controversy between Releasor and Releasees are forever put at rest, it being Releasor's intention to forever discharge and release all past, present and future claims against Releasees for all consequences resulting or potentially to result from Releasor's alleged injuries or damages sustained as a result of the aforementioned incidents. 2 Releasor further agrees that Releasees admit no lub ity of any sort and that said payment, release and settlement and compromise is made solely to mate further controversy in respect of all claims that Releasor presently asserts, or might have asserted, against Releasees • because of the events described inTaragraph 1 herein. 3. Releasor fuuther agrees to dismiss with =iudice all of his claims against Releasees asserted in the Lawsuit. 4. Releasor fiuther agrees, in consideration of the above -referenced payment, and other good and valuable consideration, and hereby promises, to indemnify and save and hold harmless Releasees of and from any and all actions, causes of action, claims, demands, or further litigation that may result from the incidents referenced in Paragraph 1 or from any payments made pursuant to this Release and Settlement Agreement in the event that any action, claim, demand, or litigation arises hereafter as a result of the incidents referenced in Paragraph 1 or as a result of any payments made pursuant to this Release and Settlement Agreement. 5. Releasor hereby warrants that: (1) no representations about the nature or the extent of any claims, demands, damages or rights that he has, or may have, against the Releasees have been made to him or to anyone acting on his behalf to induce him to execute this Release; (2) that he relies on no such representations; (3) that he has fully read and understood this Release before signing; and (4) that in doing so he acts voluntarily and with full advice of counsel. 6. It is further agreed that Releasor shall pay or cause to be paid, and hereby directs and authorizes its attorney to pay, any and all liens or subrogated interests or rights of assignment against these funds out of these funds whether such lien arises by operation of law, agreement, or otherwise, and that Releasor will save and hold harmless Releasees therefrom. It is agreed that Releasor shall be solely responsible for the payment and satisfaction of any such liens or other expenses. is7. The parties agree that the terms of this settlement shall be confidential, and that the terms shall not be disclosed to anyone unless such disclosure is compelled by law. is 8. In the event that any provision or portion of this Release shall be found to be void or invalid for any reason, then such provision or portion shall be deemed to be severable from the remaining provisions or portions of this Release, and it shall not affect the validity of the remaining portions, which portions shall be given full effect as if the void or invalid provision or portion had not been included herein. Should it develop that there are any errors or mistakes, whether legal or factual and whether mutual or unilateral, which cause this Release and Settlement Agreement to be defective or which cause the release of Releasees to be defective or less than full and complete, then Releasor will execute any and all instruments and do any and all things necessary to effectuate a full, final, and complete release of Releasees. 9. Releasor covenants and agrees that this Release contains the entire agreement between the parties and that the terms hereof are contractual and not a mere recital. Releasor acknowledges that the consideration recited herein constitutes the sole consideration for this Release, and that no other promises, staternmts, or representations except as appear herein have been made by any party (or any agent, attorney, or representative thereof) to induce Releasor to enter this Release. IN WITNESS THEREOF, RELEASOR has hereunto signed and sealed this the _ day of December, 1999. Yost UMce Box 2440 Lillington, North Carolina 27546 Attorney for Releasor • 3,.[3i� yr _- CALVIN GEDDIE 750 STATE OF NORTH CAROLINA COUNTY OF 2NE1'I- 16 .11 Notary Public of the State and County aforesaid, do hereby certify that Calvin 4E a perso a foregoingg instrument. ppeared before me this day and acknowledged the due execution of the WITNESS my hand and notarial seal, this �Q day of December,1999. My Commission Expires: Alw- orv)^l 'I), 41tiPA) Notary Public April D. Hayes Notary Public Harnett County North Carolina NORTH CAROLINA IN`THE-GENERAL COURT OF JUSTICE SUPERIOR COURT DIVISION HARNETT COUNTY j 99 CVS 00793 STANLEY RUDOLPH STEWART, Plaintiff, V. L. CONNELL KNOTT, Defendant. I VOLUNTARY DISMISSAL WITH PREJUDICE PLEASE TAKE NOTICE that Plaintiff hereby voluntarily dismisses this action, with prejudice, pursuant to Rule 41(a) of the Rules of Civil Procedure. 6 This the � day of , 2000. HAYES, WILLIAMS,4 TURNER, P.A. Gerald W. Hayes, 804 West Broad S Dunn, North Caro Attorney for Pl;i • is 0 7s STATE OF NORTH CAROLINA COUNTY OF HARNETT RELEASE OF ALL CLAIMS FOR AND IN CONSIDERATTON of the payment. to Stanley R. Stewart of the sum of TWENTY FIVE THOUSAND DOLLARS AND ZERO CENTS (S25,000.00), and other good and • valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Stanley R. Stewart has released, discharged, and by these presents for and on behalf of himself and his heirs and assigns, does forever release, acquit, and discharge L. Connell Knott and Harnett County, hereinafter "payors", any and all of their respective officers, directors, shareholders, etrployces, agents, principals, parent company or companies, partners, subsidiaries, affiliates, underwriters, insurers, representatives, altumeys, predecessors, heirs, successors, and assigns, and all other persons, films, entities, associations, and corporations, whether herein referred to or not, of and from any and all actions, causes of actions, claims, demands, damages, costs, attotney's fees, loss of services, expenses, compensations, and all consequential and exemplary damage on account of, in any way arising out of, or in any way resulting from: (1) an automobile collision or collisions whichoccurred on or near U.S, 401 and R.P. 1437, Harnett County, North Carolina, on or about August 15, 1997, and (2) those matters alleged in a Complaint in an action filed in Hamett County, North Carolina, Superior Court, Case No. 99 CVS 00793. In further consideration o f the above -referenced payment, Stanley R. Stewart covenants that • all lions, including but not limited to Medicare, Medicaid, Workers' Compensation, medical, and military, unpaid medical bills ind expenses, or other claims by third,parties have been paid by the undersigned or will he paid by the proceeds of the referenced consideration prior to any distribution to the undersigned. Stanley R. Stewart further covenants that he will indemnify and hold harmless payors and their respective officers, directors, shareholders, employees, agents, principals, parent company or companies, partners, subsidiaries, affiliates, underwriters, insurers, representatives, attorneys, predecessors, heirs, successors, and assigns, of and from any and all claims of lien holders and/or third party or other claimants or plaintiffs for liens orclaims of any kind in any way arising out of or resulting from the accident between Stanley R. Stewart and L. Connell Knott and/or matters which Ware the subject matter of the referenced litigation. It is further understood that this settlement is a compromise of disputed claims and that the payment made hereunder is not to be construed as an admission of liability on the partofthe persons, firms, associations, entities, and corporations hereby released, by each of whom liability is expressly denied. Further, the undersigned states that he has carefully read the foregoing Release and knows • and understands the contents thereof and signs the same as his own free act and deed and that this Release contains the entire agreement between the parties hereto and the terms of this Release are contractual and not a mere recital. It is further understood that a certain legal proceeding captioned, " Stanley R. Stewart v. L. Connell Knott" Case No. 99 CVS 00793, Harnett County, Superior Court, will be dismissed, WITH PREJUDICE, in conjunction with the execution of this Release. s .OS ' .�5e.d�` (SEAT.) (plaintiff) 75'z RETREAT STATE OF NORTH C_AROLINA COUNTY OF � 1, (] /, LJ, a Notary Public in and for said County and State, do hereby certify that r personally appeared before me this day and acknowledged the due execudoh of the foregoing instrument. WITNESS my hand and notarial seal, this the l05 day of_ C U 2000. Notary Public My Commission Expires: _.,� --r? •'� HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Board Retreat March 2, 2000 The Harnett County Board of Commissioners met in special session on Thursday, March 2, 2000, in the Harnett County Library, 601 Main Street, Lillington, North Carolina. Members present: Dan B. Andrews, Chairman Beatrice Bailey Hill, Vice Chairman Joseph T. Bowden Teddy J. Byrd Walt Titchener Staff present: Neil Emory, County Manager Wm. A. (Tony) Wilder, Assistant County Manager Dwight W. Snow, County Attorney Kay S. Blanchard, Clerk to the Board Chairman Andrews called the retreat meeting to order at 9 a.m. and Commissioner Hill offered the invocation. The Board of Commissioners and staff discussed the following items in a workshop format: A. L. C. O'Quinn, Tax Administrator, and Keith Faulkner, Chief Appraiser, briefed the Board concerning tax audits for businesses. The County has contracted with Tax Management Associates, Inc. (TMA) to assist in the Tax Department's Business Audit program. B. The Board discussed land use and proposed zoning south of the Cape Fear River. George Jackson, Planning Director and Lori Tomaszewski, Chief Planner were present to review recommendations regarding individual townships. C. Neil Emory, County Manager, led a discussion on economic development including the Committee of 100, Rural Center Grant, the Board -of Commissioners' role in economic development and grant applications, and local government agreements and infrastructure improvements. D. Other matters discussed by the Board and staff were: animal control, hunting regulations, county -wide recreation study, emergency communications, and a housekeeping contract. There being no further business, Commissioner Byrd moved for adjournment. Commissioner Bowden seconded the motion and it passed unanimously. The Harnett County Board of Commissioners Retreat, March 2, 2000 duly adjourned at 12:30 p.m. • C� • Dan B. Andrews, Chairman /1 qMr / 1A� & Kay . Blanchard, Clerk