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HomeMy WebLinkAbout06261989 (2)477 HARNETT COUNTY BOARD OF COMMISSIONERS SPECIAL MEETING, JUNE 26, 1989 The Harnett County Board of Commissioners met in special session on Monday, June 26, 1989, at the County Office Building, Lillington, North Carolina, with the following members present: Rudy Collins, Bill Shaw, Mack Reid Hudson, Mayo Smith, and Chairman Lloyd G. Stewart presiding. Others present were: Dallas H. Pope, County Manager; W. Glenn Johnson, County Attorney; Vanessa W. Young, Clerk to the Board; and Kay S. Blanchard, Recording Secretary. Chairman Stewart called the meeting to order at 7:35 p.m. ORD. TO ADOPT John M. Phelps, II, Public Utilities Attorney, presented an Ordinance RULES & REGS. Regulating Sanitary Sewer System - Policies, Rules, Regulations and Rates for BUNNLEVEL /RIVER. Bunnlevel- Riverside Wastewater Facilities, Harnett County, North Carolina. Commissioner Shaw moved for the adoption of the ordinance. Commissioner Smith seconded the motion and it passed with a unanimous vote. The ordinance is copied in full in the Harnett County Ordinance Book 1, page ;3(,.. ZONING DIST. CHANGE APPLI. NATHAN DIXON RAY ANDRAY RICKY SURLES NCACC INS. POOL AGREEMENT The Board considered the following applications for zoning district change: 1. Dixon, Nathan Jimmie, from RA -40 Zoning District to RA -20R Zoning District, Neill's Creek Township, SR 1006. Commissioner Hudson moved that the zoning district change be denied. Commissioner Collins seconded the motion and it passed with a unanimous vote. 2. Ray, Andray, from RA -30 Zoning District to RA -20M Zoning District, Lillington Township, SR 2034. Commissioner Smith moved that the zoning district change be approved. Commissioner Collins seconded the motion and it passed with a unanimous vote. 3. Surles, Ricky, from RA -30 Zoning District to Industrial Zoning District, Black River Township, SR 1542. Commissioner Collins moved that the zoning district change be approved. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, presented a Resolution to Adopt the Interlocal Agreement Establishing the North Carolina Counties Liability and Property Joint Risk Management Agency and to Join that Agency. Commissioner Hudson moved for the adoption of the resolution. Commissioner Smith seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated June 26, 1989, as document no. 1. MEREDITH SENTER Bobby Wicker briefed the Board on an Equalization and Review case for Mr. E & R CASE Meredith Senter involving appeal on property located in Buckhorn Township. Commissioner Hudson moved to leave values as assessed except 4.4 acres located under powerline which will be assessed wasteland. Commissioner Collins seconded the motion and it passed with a unanimous vote. NUTRITION PROG. Dallas H. Pope, County Manager, briefed the Board concerning a funding SHORTFALL shortfall associated with the Harnett County Nutrition Program. Commissioner Smith moved to approve funding the shortfall projected for July, 1989, with a funding cap of $7,000. The shortfall funds will be made available if the State Budget does not include requested funding for the projected shortfall involving the Nutrition Program. Commissioner Shaw seconded the motion and it passed with a unanimous vote. BUDGET AMEND. Dallas H. Pope, County Manager, requested the following budget amendment for Public Utilities, South Central: 30- 4300 -035 Bulk Water $5,500. increase Commissioner Shaw moved for the approval of the budget amendment for Public Utilities, South Central. Commissioner Collins seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Public Utilities, Sewer Department: 30- 4200 -016 Maintenance & Repair, Equip. 30- 4200 -073 Capital Outlay, Other Improv. 30- 4200 -054 Insurance & Bonds 1,000. increase 1,000. increase 2,000. decrease Commissioner Collins moved for the approval of the budget amendment for Public Utilities, Sewer Department. Commissioner Smith seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for the Planning Department: 10- 4100 -135 Other Appropriations 3,000. decrease 10- 7200 -074 Capital Outlay, Equip. 3,000. increase Commissioner Hudson moved for the approval of the budget amendment for the Planning Department. Commissioner Shaw seconded the motion and it passed with 478 9DJOURNMENT a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for the Landfill: 10 -6600 -045 Contracted Services 8,000. increase Commissioner Shaw moved for the approval of the budget amendment for the Landfill. Commissioner Smith seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Emergency Medical Services: 10- 5400 -002 Salaries & Wages 10 -5400 -005 F.I.C.A. Tax Expense 10 -5400 -007 Retirement Expense 3,590. increase 215. increase 180. increase Commissioner Collins moved for the approval of the budget amendment for Emergency Medical Services. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for the Jail: 10 -5120 -047 Food & Provisions 10- 5120 -013 Utilities 10 -5100 -037 N.C. Sales Tax 8,000. increase 1,500. decrease 6,500. decrease Commissioner Collins moved for the approval of the budget amendment for the Jail. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Public Assistance: 10- 7710 -141 A.A. & A.D. 10- 7700 -019 Food Stamp Employment Trng. 10- 7700 -074 Capital Outlay - Equip. 1,500. increase 500. decrease 1,000. decrease Commissioner Smith moved for the approval of the budget amendment for Public Assistance. Commissioner Hudson seconded the motion and it passed with a unanimous vote. There being no further business, the Harnett County Board of Commissioners Special Meeting, June 26, 1989, duly adjourned at 9 p.m. Lloy< . Stewart, Chairman /.iCJ °' Kay S. Wlanchard, Recording Secretary 1a-0.444-0-/ `(I). mil/ Vanessa W. Young, Cl k to e Board 479 DOCUMENT NO. 1. HARNETT COUNTY NORTH CAROLINA RESOLUTION TO ADOPT THE INTERLOCAL AGREEMENT ESTABLISHING THE NORTH CAROLINA COUNTIES LIABILITY AND PROPERTY JOINT RISK MANAGEMENT AGENCY AND TO JOIN THAT AGENCY WHEREAS, the County of Harnett desires to protect against liability claims and property losses and to provide for payment of claims or losses for which the county may be liable; and WHEREAS, the North Carolina Counties Liability and Property Joint Risk Management Agency has been established pursuant to G.S. 153A -445 (a) (1) and G.S. 160A -460 through 160A -464; and WHEREAS, it is desirable for the County of Harnett to join the North Carolina Counties Liability and Property Joint Risk Management Agency in order to provide a method of risk sharing for liability claims and property losses; NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of The County of Harnett hereby adopts the interlocal agreement entitled "Interlocal Agreement Establishing the North Carolina Counties Liability and Property Joint Risk Management Agency, which has been formed to create a group fund to pay liability claims and property losses of the counties and other local agencies joining the agency. BE IT FURTHER RESOLVED that Lloyd G. Stewart, Chairman, Harnett County Board of Commissioners, is hereby authorized to execute the application to join the North Carolina Counties Liability and Property Joint Risk Management Agency. Duly adopted this the 26th day of June, 1989. HARNETT COUNTY BOARD OF COMMISSIONERS INTERLOCAL AGREEMENT FOR A GROUP SELF - INSURANCE FUND FOR LIABILITY AND PROPERTY RISK SHARING This agreement and Contract is made and entered into by and between all the parties who are now or may hereafter become members of this .. joint agency and join in a group fund for Liability and Property risk sharing, which Agency is acting by and through its Board of Trustees as provided herein. Article I. Purposes of the Agreement. 1. To carry out the desire of certain counties of the State of North Carolina to create and become the North Carolina Counties Liability and Property Joint Risk Management Agency and to enable these counties to pool retention of their risks for Liability claims and Property losses pursuant to the provisions of North Carolina General Statutes 153A- 445(a)(1) and 160A -460 through 160A -464; and to provide for payment of such losses of, or claims made against, any member of the pool. 2. To create a Board of Trustees to direct the affairs of the Agency and to describe the responsibilities of the Board. 3. To designate initial service agent(s) for the agency as selected by the Board of Trustees of the Agency and subject to supervision by the Administrator and to designate said administrator of the Agency and its fund. 4. To provide for the discharge, from the assets of the fund and through excess insurance purchased by the Agency, of any property losses incurred by any member of the Agency and any lawful liability claims against any member of the Agency which awards have been sustained by final judgement where suit shall have been filed or by the rules of the Agency if settlement is made before suit is filed. • 5. To provide for payment by members of the Agency of contributions based upon appropriate classifications, rates, and experience modifications, out of a portion of which the Agency will establish and maintain a fund for the payment of liability claims and property losses. Article II. Duration of the Agreement. The agreement shall remain in force until terminated by the Board of Trustees. 480 Article III_ Board of Trustees: Creation, Powers and Duties. 1. The counties that are signatories hereto do hereby establish the North Carolina Counties Liability and Property Joint Risk Management Agency, hereafter called the 'Agency" as ajoint interlocal agency to operate a fund for Liability and Property risk sharing, hereafter referred to as the 'Fund ". The Agency and the Fund shall be governed by a Board of Trustees composed of seven elected officials'or employees of county governments who are members of. the Agency and who shall be appointed by the Board of Directors of the North Carolina Association:of County_ commissioners, hereafter referred to as 'Association ". Five members shall be appointed on the effective date of the Agreement_ Two of these shall serve three year terms ending June 30, 1989; two shall serve two year terms ending June 30, 1988 and one shall serve a one -year term ending June 30, 1987- Two members shall be appointed as of the first quarterly admission of new members to the Agency: one of these shall serve a term ending June 30,.1988 and one a term ending June 30, 1987. Following these initial appointments, terms of trustees shall be for three years. A member of the Board of Trustees shall continue to hold office until his successor is selected. Any vacancy shall be filled for the unexpired portion of the term by appointment by the Board of Directors of the Association. A member of the Board of Trustees who ceases to be an elected official or employee of county government, or whose county ceases to be a member of the Agency shall be deemed to vacate his seat' on the Board. 2. The Board of Trustees annually shall select a chairman from among its membership to preside for the ensuing year_ A majority of the membership of the Board shall constitute a quorum thereof and any question may be decided by a majority vote_ 3. The Board of. Trustees: a) - Shall have general control and supervision over the affairs of the Agency and the Fund; . b) 'Is authorized to establish, operate and enforce administrative rules, regulations and by -laws as between the individual members of the Agency and the Agency c) Shall establish terms and conditions of coverage within the pool, including underwriting criteria and exclusions of coverage; d) Shall ensure that all claims are paid promptly; e) Shall take all necessary precautions to safeguard the assets of the pool; _ f). Shall maintain minutes of its meeting which minutes shall delineate the areas of authority delegated by the Board of Trustees to the' administrator and to the Service agent; g) Shall have sole responsibility to determine whether applicants for membership shall be admitted to the Agency and whether existing members shall be suspended or expelled, subject'to the following limitations: (1) Only governmental units, institutions or agencies in ' the State of North Carolina shall be eligible for membership; and (2) A member may be suspended or expelled only, after receiving sufficient notice pursuant to Article VIII, paragraph 2, of this Agreement.. The Board of Trustees may promulgate rules and regulations, as needed, regarding admission, suspension or expulsion of members; h) Shall approve and monitor all loss control programs. i) Shall execute service agreement(s) designating service agent(s) for the Agency and shall agree upon the terms of . service fees to be paid to the service agents) and shall have sole responsibility to assess the performance of the service agent(s),.. to review, negotiate and give final approval to any service agreement(s) between the Agency and any service agent(s), and to have final selection of any Service Agent; j) Shall have authority to negotiate, execute and monitor any other contracts and agreements necessary to effectuate this Interlocal Agreement; and k) Shall bear sole responsibility for any dispositions out of the Fund by way of dividends or distribution, if any, of accumulated reserves to the members of the Agency. Article IV. Designation and Duties of Administrator; duties of Service Agent(s). 1. The North Carolina Association of County Commissioners is hereby designated as the Administrator of the Agency and its Fund. ._ The Association shall supervise the service agent(s). The Association shall deposit to the account of the Agency at any bank or banks designated by the Board of Trustees, all contributions as collected, and such monies shall be disbursed only as provided by the rules, regulations and by -laws of the Board of Trustees, and the service agreement(s) with the service agent(s). The Association shall receive a fee which shall be negotiated from time to time by the Board of Trustees, and which shall be set forth in the Agreement between the Agency and the Association. .. ,1 481 2. The service agent(s), under the supervision of the Board of Trustees and the Association, shall be generally responsible for claims administration, program development and loss control on behalf of the members. The service agent(s) shall assist the Board of Trustees in determining all contributions due the1Fund, prepare for payment all approved items of expense and claims, and give a monthly accounting of all monies and claims so handled. The responsibilities and duties of the service agent(s) shall be more particularly defined and described in the service agreement(s) executed with the service agent(s). 3. For performing the servicing functions of the Agency, the service agent(s) shall receive a fee which shall be negotiated with and approved by the Board of Trustees. Such fees may be renegotiated from time to time as mutually agreed upon by the service agent(s) and the Board of Trustees. The service agent(s)' books and records as they relate to the Agency and the Fund shall be open to inspection by the Board of Trustees and the Association or their agents at all reasonable times. Article V :"-Contributions to the Fund; Audits. 1. Contributions to the Fund by individual members shall be determined by the Board of Trustees. The Board of Trustees shall have the discretion to modify the contributions as may be necessary to maintain the soundness of the Fund. The Board of Trustees is authorized to determine the method and timing of payment of contributions to the Fund and the method and timing of the distribution of any surplus, with due regard for the interests of the members and the financial security of the Fund. 2: The Fund shall be audited annually by a certified public accounting firm.- The Board of Trustees shall obtain an appropriate actuarial evaluation of the loss and loss.adjustment expense reserves of the Fund including an estimate of losses and loss adjustment expenses incurred but. not reported. Article VI. Amendment of The Agreement. This agreement and Contract may be amended by action of its members in the following manner: Any amendment shall be proposed by the Board of Trustees and submitted in writing to each of the members. A proposed amendment shall be adopted if approved by a simple majority vote of the members present and voting at a meeting called for that purpose by the Board of Trustees and scheduled not less than fifteen (15) days after the proposed amendment is submitted to the membership. Only such proposed amendment or amendments as are specifically submitted in writing in advance may be considered at the meeting. Article VII. Terms, Conditions and Limits of Liability, Exclusions, Insuring Agreements, Assistance and Cooperation of Members, Subrogation and other Terms and Conditions of Membership. 1. For the purposes of this Interlocal Agreement, the terms Liability and Property mean all property and casualty risks subsumed or described in the policy or risk sharing contract approved by the Board of Trustees from time to time. 2. Terms, conditions and limits of liability, exclusions, insuring agreements, assistance and cooperation of members, subrogation and other terms and conditions of membership shall be governed by the policy or risk sharing contract approved by the Board of Trustees from time to time. Article VIII. Cancellation. 1. This Contract can be cancelled by the member only on an Agency anniversary date and only after having given written notice to the Agency at least ninety (90) days prior to such anniversary date. The Agency anniversary date shall be July 1 of each year. 2. This Contract can be cancelled by the Agency only on an anniversary date and only after having given written notice to the member at least ninety (90) days before such anniversary date except that the Agency may cancel at any time after giving fifteen (15) days written notice to the member if (a) the member has failed to pay any contribution when due, or (b) the member has refused or failed to comply with any loss prevention recommendation submitted to the member by the Agency or by the service agent(s) on behalf of the Agency. 3. If, at the time this Contract is cancelled by any party, the Agency holds any contributions which are refundable to the member, such contributions shall be refunded following the time statute of limitations on all claims for the year has run. • )Article IX. Terms of Agreement Conformed to Statute. Terms of this Agreement which are in conflict with the provisions of North Carolina Law are hereby amended as necessary from time to time to conform to such law. Article X. Effective Date of Agreement. Any member who formally applies for membership in this Agency and this Fund and is accepted by the Board of Trustees shall thereupon become a party to this Agreement and be bound by all of the terms and conditions hereof, and such application shall constitute a counterpart of this Agreement. IN ' WITNESS WHEREOF, the members of the North Carolina Counties General Liability and Property Risk Management Agency have caused these presents to be signed by their duly authorized officials: