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HomeMy WebLinkAbout06151987 (2)3Ui. HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, JUNE 15, 1987 CALL TO ORDER PRAYER MINUTES APPROVED The Harnett County Board of Commissioners met in regular session on Monday, June 15, in the Commissioners' Board Room, Lillington, North Carolina, with the following members present: Bill Shaw, Rudy Collins, Mack Reid Hudson, Mayo Smith, and Chairman Lloyd G. Stewart presiding. Others present included: Dallas H. Pope, County Manager Vanessa W. Young, Clerk to the Board; Glenn Johnson, County Attorney, and Kay Blanchard, Recording Secretary. Chairman Stewart called the meeting to order at 7:25 p.m. Commissioner Hudson led the evening prayer. The minutes from the Board of Commissioners meeting of June 1, 1987, were approved. RESOL. TO APPROVE Dallas H. Pope, County Manager, presented a resolution to approve the 1987 -88 1987 -88 SECONDARY Secondary Road Program for Harnett County. Commissioner Collins made a motion to ROAD PROGRAM. adopt the resolution. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated June 15, 1987, as document No. 1. • SOLUTION RE: IVERSIDE CDBG C. T. Clayton, Engineer, Ragsdale Consultants, presented a resolution accepting State grant for $50,746. for support of Riverside CDBG Wastewater Project. Commissioner Smith made a motion to adopt the resolution. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated June 15, 1987, as document No. 2. ONTRACT BETWEEN Dallas H. Pope, County Manager, presented for consideration, a contract between .C. & BJM HOSP. Harnett County and Betsy Johnson Memorial Hospital and Good Hope Hospital concerning GOOD HOPE HOSP. an eligibility specialist position. Commissioner Smith made a motion to approve the contract. Commissioner Hudson seconded the motion and it passed with a unanimous vote. ESOL. RE: RELOCA. F TWSP. LINE ETWEEN AVERASBORO DUKE TWSP. SOL. RE: OVER - XPENDED BUDGETS EFUND FROM REG. F DEEDS Glenn Johnson, County Attorney, requested direction from the Board concerning request to establish tax district for Coats Rescue Unit. Commissioner Hudson made a motion to direct County Attorney to proceed with request to establish a tax dis- trict for Coats Rescue Unit. Commissioner Smith seconded the motion and it passed with a unanimous vote. Glenn Johnson, County Attorney, presented for consideration, a resolution concerning relocation of township line between Averasboro and Duke townhsips. Commissioner Hudson made a motion to adopt 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 15, 1987, as document No. 3. Vanessa W. Young, Finance Officer, presented a resolution concerning overexpended budgets for F.Y. 1986 -87. Commissioner Collins made a motion to approve the resolu- tion. 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 15, 1987 as document No. 4. Dallas H. Pope, County Manager, presented a request from Henry Pleasant, Attorney, for a refund of $50.00 for a deed that was recorded in Harnett County by mistake. Mr. Pope recommended that the refund be granted as requested. Commissioner Shaw made a motion to refund the $50.00 to Mr. Pleasant. Commissioner Collins seconded the motion and it passed with a unanimous vote. DOPTION OF BUDGET Dallas H. Pope, Budget Officer, presented for consideration the Harnett County RDIN. FOR F.Y.87- Budget Ordinance for F. Y. 1987 -88. Commissioner Shaw made a motion to approve the 8 Budget Ordinance. Commissioner Smith seconded the motion and it passed with a unanimous vote. Budget Ordinance is copied in full at the end of these minutes as document No. 5. UDGET AMENDMENT EALTH DEPT. EUDGET AMENDMENT AIRPORT BUDGET AMENDMENT SOCIAL SERVICES Henry Thompson, Health Department Director, requested the following budget amendment for the Health Department. Code 10- 7600 -002 Salaries & Wages Decrease of $3,000 Code 10- 7600 -014 Travel & Meetings Increase of $2,100 Code 10- 7600 -054 Insurance & Bonds Increase of $ 900 Commissioner Smith made a motion to approve the budget amendment. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested a budget amendment for the Airport to increase line item 10- 6500 -075, Land Acquisition - ADAP -01, by $3,500, and to decrease line item 10- 6500 -079, Powerline Relocation, by $3,500. Commissioner Hudson made a motion to approve the budget amendment. Commissioner Collins seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for the Department of Social Services. 302 DEPT. REPORTS DEV. AGREE. FOOD LION RE: WATER & SEWER Code 10- 7700 -061 Day Care Children Increase of $2,200. Code 10- 7700 -062 State Foster R & B Increase of $2,000. Code 10- 7700 -064 Special Services F.C. Increase of $ 700. Code 10- 7710 -142 Medicaid Decrease of $4,900. Commissioner Collins made a motion to approve the budget amendment. Commissioner Smith seconded the motion and it passed with a unanimous vote. Dallas H. Pope stated that the following departments filed monthly reports for the Board's information: Sheriff's Department, Ambulance Service, Inspections, and Health Department. Dallas H. Pope, County Manager, presented for approval,. a Development Agreement between Harnett County and Food Lion, Inc. associated with the water and sewer project Mr. Pope explained that there had been some negotiating problems with Food Lion. The agreement presented today has been reviewed by the County Attorney and is in order. Commissioner Smith made a motion to approve the agreement. Commissioner Hudson seconded the motion and it passed with a unanimous vote. A copy of the agreeemnt is copied in full at the end of these minutes dated June 15, 1987, as document No. 6. 1976 TAXES Vanessa W. Young, Finance Officer, presented for the Board's approval, 1976 taxes CHARGED OFF charged off under G.S. 105- 423.1. Following a discussion, Commissioner Smith made a motion to approve the list to be charged off. Commissioner Shaw seconded the motion and it passed with a unanimous vote. DATE SET FOR PUB. Dallas H. Pope, County Manager, requested that the Board set a date for a public HEAR. RE: ROOM hearing concerning Room Occupancy and Tourism Development Tax for Averasboro Township OCCU. TAX (House Bill 429). Commissioner Smith made a motion that a public hearing be held on July 6, 1987 in the Commissioners' Board Room, Lillington, North Carolina. Commis- sioner Hudson seconded the motion and it passed with a unanimous vote. Richard Hicks, Town Manager of Erwin, requested that the Town of Erwin be allowed to perform their own building inspections using the same State codes used by County inspectors. The Board asked that Mr. Hicks and Dallas Pope study the matter and present their recomendation at the next Board meeting. ANDERSON CREEK Burr Webster and Polly Shea from the Anderson Creek area requested assistance from SENIOR CIT. the Board for the Anderson Creek Senior Citizens Center. Commissioner Shaw made a REQUEST FOR ASSIS.motion that the County donate $1,000 to the Anderson Creek Senior Citizens to be used on their Center. Commissioner Collins seconded the motion and it passed with a unanimous vote. PAUL L. LUCAS DAY Dallas H. Pope, County Manager, presented for adoption, a proclamation in honor of Paul L. Lucas. Commissioner Shaw made a motion to proclaim June 27, 1987, as Paul L. Lucas Day in Harnett County. Commissioner Smith seconded the motion and it passed with a unanimous vote. The Proclamation is copied in full at the end of these minutes dated June 15, 1987, as document No. 7. EXECUTIVE SESSION Commissioner Collins made a motion for the Board to go into executive session at 9:30 p.m. to discuss personnel and other matters. Commissioner Hudson seconded the motion and it passed with a unanimous vote. BUDGET AMEND. SPECIAL APPRO. At 10:50 p.m., Commissioner Hudson made a motion to call the regular meeting back in order. Commissioner Smith seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested a budget amendment for Special Appropria- tions; Code 10- 8700 -161, increase in the amount of $1,000 to reflect contribution to Anderson Creek Senior Citizens. Commissioner Shaw made a motion to approve the budget amendment. Commissioner Collins seconded the motion and it passed with a unanimous vote. ADJOURNMENT There being no further business, the Harnett County Board of Commissioners meeting of June 15, 1987, duly adjourned at 10:55 p.m. / l.yd !' Stewart, Chairman Vanessa W. Young, erk o the Board /(4 Za te470.44( Kay Blanchard, Recording Secretary 306 DOCUMENT NO. 1. HARNETT COUNTY, NORTH CAROLINA. RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby approve the following 1987 -88 Secondary Road Construction Program for Harnett County as presented by North Carolina Department of Transportation: 1. Grade, Drain 0.15 mi. $ 160,000.00 Base and Pave 2.3 mi. on SR 1563 from NC 55 to NC 27 2. Grade, Drain, Base, and Pave SR 1517 from 1516 to Dead End 88,000.00 3. Grade, Drain, Base, and Pave SR 2035 from US 401 to SR 2034 140,000.00 4. Install Flasher at Intersection of SR 1120 and SR 1121 3,400.00 5. Install 400 ft. of Guardrail on SR 1179 South 6,000.00 6. Widen Pavement Inside Curves from NC 87 to SR 1120 - 2.4 mi. 13,000.00 7. Widen for Turn Lanes to New Food Lion Distribution Center 45,000.00 on SR 1789 8. Widen Pavement from 18' to 22' from SR 1714 to NC 27 - 3.8 mi. 58,000.00 9. Spot Stabilization of Unpaved Roads: SR 1549, 1227, 1266, 2052, 2066, 1155, 1203, 1102, 1239, 1740, 1780, 1908, 1776, 1809, 1714, 1830, 1865, 2075, 1561, 1247, 1265, 2019 Reserve for: Paving Fire Department Drives, Property Owner Participation Paving, Surveys and R/W signatures overdrafts Total Secondary Construction Program 94,100.00 19,353.00 $626,853.00 Duly adopted this Fifteenth Day of June, Nineteen Hundred and Eighty - Seven. HARNETT COUNTY BOARD OF COMMISSIONERS L e4a L oyd G. Stewart, Chairman ATTEST: "V�A.tiy�. Vanessa W. Young, Clerjc to thaBoard 304 DOCUMENT NO. 2. RESOLUTION OF THE BOARD OF COMMISSIONERS OF HARNETT COUNTY Whereas, the State of North Carolina has determined Harnett County to be eligible for grant assistance from Statewide Allo- cated Funds under the Pollution Control Account of the Clean Water Fund to aid in the cost of the construction of a wastewater treatment plant and an interceptor sewer. Whereas, the Department of Natural Resources and Community Development has made an offer of State Grant Funds in the amount of $50,746.00, made available by the North Carolina Clean Water Bond Act of 1977. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY That Harnett County accept the grant offer in the amount of $50,746.00. That Dallas H. Pope, County Manager, and successors so titled, is hereby authorized and directed to furnish such information as the appropriate Federal or State agencies may request in connection with the project; to make assurances and to execute such other documents as may be required in connection with the project. That Harnett County has substantially complied or will substan- tially comply with all Federal, State, and local laws, rules, regulations, and ordinances applicable to the project and to Federal and State grants pertaining thereto; and hereby authorized the above designated representative to execute an af- fidavit so stating. Adopted this the fifteenth day of June, 1987, Lillington, North Carolina. 's AtaW- (Sig'at/re of Executive Officer) Chairman, Harnett County Board of Commissioners (Title) 306 DOCUMENT NO. 3. NORTH CAROLINA, HARNETT COUNTY. R E S O L U T I O N WHEREAS, the Town of Erwin, North Carolina, has heretofore extended its corporate limits in an easterly direction from the previous termination thereof to the run of Black River, which is a natural boundary; and WHEREAS, a portion of such area included in said annexation has been a part of Averasboro Township; and WHEREAS, because of the extension of the corporate limits of the Town of Erwin as hereinabove set forth it is desirable to alter the township line heretofore dividing Averasboro Township from Duke Township in the fashion below set forth; and WHEREAS, the present city limits of the Town of Erwin as so extended appear on that certain plat entitled "Town of Erwin" by Ragsdale Consultants, P. A., which map is incorporated herein by reference; and WHEREAS, N.C.G.S. 153A -19 authorizes a county by resolution to change township boundaries; and WHEREAS, the Harnett County Board of Commissioners has determined that it is desirable and in the best interests of Harnett County and its citizens to change the boundary line between Duke Township and Averasboro Township from its previously existing location in the area below referenced to Black River, which is a natural boundary; NOW, THEREFORE, UPON MOTION MADE AND DULY ADOPTED, BE IT RESOLVED by the Harnett County Board of Commissioners that the dividing line between Averasboro Township and Duke Township shall be and same is hereby changed so that said dividing line shall be the run of Black River at the point where said river presently serves as the eastern city limit of the Town of Erwin as shown on the above referenced map of Ragsdale Consultants, P. A., and that all areas heretofore lying in Averasboro Township which are west of Black River within the Town of Erwin as shown on said plat shall be and same are hereby removed from Averasboro Township and made a part of Duke Township. Done This 15th day of June, 1987. HARNETT COUNTY BOARD OF COMMISSIONERS By: ATTEST: N� �F Chairman DOCUMENT NO. 4. HARNETT COUNTY, NORTH CAROLINA. RESOLUTION WHEREAS, it appears that several budgets of the General Fund of Harnett County will be overexpended during the Fiscal Year 1986 -87; and WHEREAS, it will be necessary to overspend these budgets in the due process of operation of the several budgets. - - NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT THAT the County Finance Officer is hereby authorized to pay any and all necessary expenses of the several departments in the operation of their offices. Duly adopted this the Fifteenth Day of June, 1987. ATTEST: /' DOCUMENT NO. 5., HARNETT COUNTY BOARD OF COMMISSIONERS BUDGET ORDINANCE BE IT ORDAINED by the. Board of Commissioners of Harnett County, North Carolina: .Section 1. The following amounts are hereby appropriated in the General Fund for the operation of the county government and its activities for the fiscal year beginning July 1, 1967, and ending. June 30, 1988, in accordance with the chart of accounts heretofore established for the county: Governing Body 104,319. Administration 114,313. Board of Elections - 93,864. Finance Department 96,052. Data Processing. 49,381. TaX Department 291,622. Revaluation 162,148. Register of Deeds 197,345. Facilities Fees - 55,000. Public Buildings 388,905, Sheriff's Department 11261,076. Communications 178,897. Jail 494,520. Emergency. Management 52,090.- Fire Department 47,065. 'Ambulance Service 366,286. 3;x`1 1 Transportation & Procurement 97,828. Inspections 101,394. Airport 318,850. Sanitation Landfill 617,287. Division of Soil & Water 35,410. CCTC Campus 28,500. Planning /Development 147,308. Agriculture Extension t Home Agents 139,046. Dept. of Human Resources 414,300. H U D 56,323. Health Department 815,981. Home Health 477,452. Social Services 1,835,345. Public As9istance 1,490,983. Youth Services 89,231. Veterans Service Office 25,424. Mental Health 112,990. Library 224,618. Parks 6 Recreation 133,760. Non - Departmental 21,325. Special Appropriations 7,629,440. Contingency Fund 30,000. (Total $ 18,795,678.) Section 2. The appropriations to the Board of Education shall be made from any funds which are dedicated to the use of the schools from general county revenues to the extent necessary. A11 projects using county money shall be approved by the Harnett County Board of Commissioners. Section 3. The appropriations for the Sanitation Landfill Department shall be made from Sales Tax Revenues. Section 4. The Budget Officer is hereby authorized to use $10,000 of the contingency fund to give salary adjustments during this fiscal year where he feels they are necessary. Section 5. It is estimated that the following revenues will be available in the General Fund for the fiscal year beginning July 1, 1987, and ending June 30, 1988: Current Year's Property Tax 7,229,000. Prior Years Taxes Animal Taxes Tax Penalties 6 Interest Privilege Licenses Fire & Rescue Districts Intergovernmental Revenue Other Revenues Fund Balance Less Refunds & Releases 250,000. 8,500. 90,000. 2,500. 569,775. 4,480,685. 5,549,667. 596,351. (19,200.) 18,795,678. Section 6. The following amounts are hereby appropriated in the Revaluation Fund for the purposes consistent with the revaluing of property in Harnett County beginning July 1, 1987, and ending June 30, 1988: Revaluation Fund 12,000. Section 7. It is estimated that the following revenues will be available in the Revaluation Fund for the fiscal year beginning July 1, 1987, and ending June 30, 1988: Interest on Investments 901. Fund Balance 11,099. 22,000. r 306 Section 8. The following amounts are hereby appropriated in the Revenue Sharing Fund for the purposes consistent with Federal Law Regulations for the fiscal year beginning July 1, 1987, and ending June 30, 1988: - Contribution to General Fund 225,000. Section 9. It is estimated that the following revenues will be available in the Revenue Sharing Fund for the fiscal year beginning July 1, 1987, and ending June 30, 1988: Fund Balance 225,000. Section 10. The following amounts are hereby appropriated in the Harnett County Public Utilities Department for the Water Fund for the fiscal year beginning July 1, 1987, and ending June 30, 1988: Water Fund 579,888. Section 11. It is estimated that the following revenues will be available in the Harnett County Public Utilities Department for the Water Fund for the fiscal year beginning July 1, 1987, and ending June 30, 1988: Interest on Investments Sales Tax Reimbursement Water Fees Other Revenues Fund Balance 14,000. 3,200. 479,900. 38,650. 58,138. 579,888. Section 12. The following amounts are hereby appropriated in the Barnett County Public Utilities Department for the Sewer Fund for the fiscal year beginning July 1, 1987, and ending June 30, 1988: Sewer Fund 414,494. Section 13. It is estimated that the following revenues will be available in the Harnett County Public Utilities Department for the Sewer Fund for the fiscal year beginning July 1, 1987, and ending June 30, 1988: Interest on Investments 12,000. Sewer Fees 387,000. Other Revenues 12,700. Fund Balance 2,794. 414,494. Section 14. The following amounts are hereby appropriated in the Harnett County Public Utilities Department for South Central Water and Sewer District for the fiscal year beginning July 1, 1987, and ending June 30, 1988: South Central Water & Sewer District 134,350. Section 15. It is estimated that the following revenues will be available in the Harnett County Public Utilities Department for the South Central Water and Sewer District for the fiscal year beginning July 1, 1987, and ending June 30, 1988: Interest on Investments 4,000. Water Fees 25,000. Tap On Fees 105,000. Other Revenues 350. 134,350. Section 16. The following amounts are hereby appropriated for the Harnett County Housing and Urban Development Program for the fiscal year beginning July 1, 1987, and ending June 30, 1988: Moderate Rehabilitation 233,162. Section 8 Existing 488,805. 721,967. Section 17. It is estimated that the following revenues will be available in the Housing and Urban Development Program for the fiscal year beginning July 1', 1987, and ending June 30, 1988: U.S. Department of Housing & Urban Development 721,967. Section 18. The following amounts are hereby appropriated for the Riverside Project Fund For the fiscal year beginning July 1, 1987, and ending June 30, 1988: Construction 200,000. Legal and Administration 63,000. 263,000. -117- 3Jd Section 19. It is estimated that the following revenues will be available in the Riverside Project Fund for the fiscal year beginning July 1, 1987, and ending June 30, I988: N.C. Department of Natural and Economic Resources 263,000. Section 20. The following is the salary schedule for the Harnett County Board of Commissioners for the fiscal year beginning July 1, 1987, and ending June 30, 1988, as in accordance with C.S. 153A -28 and G.S. 153A -92: Chairman 375. per month 200. travel per month Commissioner 350. per month 200. travel per month Section 2I. There 1s hereby levied a tax at the rate of Eighty Nine (.890) per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 1987, for the purpose of raising the revenue listed as "Current Years Property Taxes" in the General Fund in Section 5 of this ordinance. This rate of tax is based on an estimated total valuation of property for the purpose of taxation of $855,000,000 and an estimated collection rate of 95 percent. The estimated rate of collection is based on the prior years collections of approximately 95 percent. Section 22. The Budget Officer is hereby authorized to transfer appropriations within a fund as contained herein under the following conditions: a. He may transfer amounts up to $1,000 between objects of expenditures within a depart- ment with an official report on such transfers at the next regular meeting of the Board of Commissioners. b. He may not transfer between departments of the same fund. c. He may not transfer any amount between funds nor from any contingency appropriation within any fund. Section 23. There is hereby levied a tax at the rate of two cents (20) per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 1987, located within the Special Averas- boro School District for the raising of revenue for said Special School District. This rate of tax is based on an estimated total valuation of property for the purposes of taxation of $213,389,700 and an estimated collection of approximately 95 percent. There is appropriated to the Special Averasboro School District the sum of $50,000 for use by the Special School District in such manner and for such expenditures as is permitted by law from the proceeds of this tax and any other revenue otherwise accruing to said Special School District. Section 24. There is hereby levied the following tax rated per hundred dollars ($100) valuation of property listed for taxes as of January 1, 1987, located within the Special Fire Districts, for the raising of revenue for said Special Fire Districts, as follows: Anderson Creek Fire District Fifteen cents I50 Angier Black River Emergency Ambulance a Rescue,Inc. Thirteen cents 130 Averasboro Fire District rive cents 50 Benhaven Fire District Fifteen cents 150 Benhaven Rescue District Five cents 50 Black River Fire District Eight cents 80 Boone Trail Emergency Services, Inc. Fifteen cents 150 Buies Creek Fire District Ten cents 100 Cypress Creek Fire District Fifteen cents 150 Erwin Fire District Seven cents 70 Flat Branch Fire District Fifteen cents 150 Flatwoods Fire District Fifteen cents 150 Grove Fire District Eight cents 80 Northern Harnett Rescue Distr_c Four cents 40 Spout Springs Fire District Fifteen cents 350 Summerville Fire District Fifteen cents 150 Pr- 310 DOCUMENT NO. 6. LEGALLY BINDING CO*iITMENT COUNTY OF HARNETT LILLINGTON, HARNETT COUNTY NORTH CAROLINA NORTH CAROLINA HARNETT COUNTY DEVELOPMENT AGREEMENT This agreement is entered into by and between Food Lion, Inc., a corporation authorized to transact business within the State of North Carolina, hereinafter referred to as Corporation, and the County of Harnett, a municipal corporation located in Harnett County, North Carolina, hereinafter referred to as the County. This agreement will not become effective until all conditions placed upon the County's funding approval are satisfied and funds are released by the Department of Natural Resources and Community Development, hereinafter referred to as NRCD. WHEREAS, the County has received a Community Development Block Grant, hereinafter referred to as CDBG, from the NRCD in the amount of $750,000.00 to be used particularly to benefit low -and moderate - income persons by financing the economic development of the County; .. NOW, TIIEREFORE, in consideration of these premises and the mutual covenants and promises set forth below, the parties to this agreement hereby agree as follows: ARTICLE ONE 1. Corporation shall execute its responsibilities as identified in the County's CDBG application to NRCD (Exhibit A) and shall carry out each activity within the time set forth in said application and attachments, except as set out in Schedule I attached. 2. Corporation further ngrces to hire employees into at least 189 permanent full -time or permanent full -time equivalent positions, as stated in the CDBG application.. The Corporation shall fill at least 74 percent of these new positions with low -and moderate - income persons. "Low and moderate income persons" are nt or below the he income limits set by the U. S. Department of (lousing and Urban Development for individual county involved. For count r r county here, applicable income limits range from $11,050 for a one person family to .$19,700 for' an eight person family. Further, any additional project- related positions created during the "two -year period ending on 4/1/88 or the date upon which Food Lion has fulfilled its •commitments to the project as contained herein, whichever is later, shall be filled by low -and moderate- income persons in at least the same proportion as presented above. With prior approval of NRCD, this commitment may be partially waived by the County if the failure to meet the commitment is determined to be due to events beyond the control of the Corporation including an unfavorable, unforeseeable occurrence of severe economic conditions and where such waiver will not substantially affect the - project as described in the application. ARTICLE TWO - 1. The County agrees to execute its responsibilities as defined in -the CDBG application (Exhibit A) and within the times set forth in said application. ARTICLE THREE 1. Each party shall keep and maintain books, records, and other documents relating directly to the receipt and disbursement of grant funds and the fulfillment of this agreement. 2. Each party agrees that any duly authorized representative of the County, the NRCD, United - States Department of Housing and Urban Development, and Comptroller General of the United States shall, at all reasonable times, have access to and the right to inspect, copy, audit, and examine all of the books, records, and other documents relating to the grant and the fulfill- ment of this agreement for a period of three years following the completion of all closeout procedures respecting the Community Development funds, and the final settlement and conclusion of all issues arising out of the Community Development funds, such date to begin the running of the three years to be no later than 4/1/88 or the date of project closeout, whichever is later. 3. Notwithstanding anything herein to the contrary, the parties hereto acknow- ledge the due execution of the Community Development Grant Agreement between the County and NRCD and agree that any conflict between the provisions, requirements, duties or obligations of this agreement and the Community Development Grant Agreement shall be resolved in favor of the Community Development Grant Agreement. The Community Development Grant Agreement is understood to be substantially the same as that attached as Schedule II herein. 4. If at the end of the approved project period the Corporation has failed to create and /or retain the full number of job positions and low -and moderate - income job positions presented in Article 1, Section 2, as provided in the approved project schedule or extension granted by the County, then the Corporation will pay to the County an amount as determined by NRCD based on the shortage in jobs. In determining the amount due, NRCD will review actual project accomplishments in comparison to project commitments, ratings criteria (including, but not limited to, CDBG cost per job) and regulatory requirements. The maximum amount due will be no greater than the shortage in jobs multiplied by the CDBG cost per job (Grant amount t jobs required in Article One, Paragraph 2). 5. This development agreement constitutes a legally enforceable contract and shall be governed by and construed in accordance with the laws of the State of North Carolina. County of Harnett Lillin,ton, North Carolina Pood Lion, Inc. / I -r �lo., 0, Stew " 'Inc 11, Smith Chairman, Board of Commissioners . President, Food Lion, Inc. Title Title 311 DOCUMENT NO. 7. P R O C L A M A T I O N PAUL L. LUCAS DAY WHEREAS, June 27, 1987 has been proclaimed Paul L. Lucas Day in Harnett County by the Harnett County Board of Commissioners; and WHEREAS, this observance affords a special opportunity for Harnett County citizens to support a fund raising project by the Benhaven Ruritan Club, for the Paul L. Lucas family due to long -term major illness; and WHEREAS, Paul L. Lucas was a member of the U. S. Army Airborne during World War II and in 1952 he became a member of the North Carolina State Highway Patrol and spent most of his assignments in Harnett County until he retired; and WHEREAS, he became a member of the Harnett County Sheriff's Department after retirement from the State Highway Patrol as Court Bailiff in Lillington and Dunn, serving seven years in this capacity; and WHEREAS, Paul L. Lucas married Myrtle Buie of Broadway in 1943. They have four children, Paul Jr., Charles, John and Margaret, and are members of the Mt. Pisgah Presbyterian Church; and WHEREAS, Paul L. Lucas is an outstanding member of our Harnett County community. NOW, THEREFORE, I do hereby proclaim June 27, 1987 as Paul L. Lucas Day in Ilarnett County and urge all our citizens to join in appropriate observance of this Day. (SEAL) IN WITNESS WHEREOF, I do hereby set my hand, and cause the Seal of Harnett County to be affixed this 15th of June, 1987. Chair an , Harnett County Board of Commissioners