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Home My WebLink About02182002HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting February 18, 2002 The Harnett County Board of Commissioners met in regular session on Monday, • February 18, 2002, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Teddy J. Byrd, Chairman Beatrice Bailey Hill, Vice Chairman Dan B. Andrews Walt Titchener Tim McNeill 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 Byrd called the meeting to order at 7:00 p.m. and Commissioner McNeill led the pledge of allegiance and prayer. Commissioner Hill moved to approve the agenda as published with addition of a budget amendment to the consent agenda and addition of a presentation of a resolution to Heather Lewis, Triton tennis champion. Commissioner Titchener seconded the motion and it passed unanimously. • Upon motion by Commissioner McNeill and seconded by Commissioner Titchener, the Board unanimously approved the following items on the consent agenda: 1. Minutes, February 4, 2002 2. Budget amendments: 255 Animal Control (Fund 110-General Code 110-5500-420.11-00 Salaries & Wages 13,700. increase 110-5500-420.22-00 FICA Tax Expense 800. increase 110-5500-420.23-00 Retirement 700. increase 110-5500-420.23-01 Supplemental Retirement 100. increase 110-5500-420.41-11 Telephone & Postage 2,000. decrease 110-5500-420.44-21 Bldg. & Equipment Rent 5,100. decrease 110-5500-420.60-31 Gas, Oil & Auto 1,500. increase 110-5500-420.60-33 Materials & Supplies 500. increase 110-5500-420.60-46 Operating Supplies 1,000. increase 110-5500-420.21-00 Group Insurance 7,500. decrease 110-5500-420.74-74 Capital Outlay -Equipment 3,700. decrease 256 Economic Development (Fund 110-General) Code 110-7100-465.32-79 Economic Development 6,000. decrease 110-6500-406.33-45 Contracted Services 6,000. increase 257 Economic Development (Fund 110-General) Code 110-7100-465.58-01 Training & Meetings 100. increase 110-0000-353.16-00 Contributions & Donations 100. increase 260 Revenues (Fund 110-General) Code 110-0000-353.82-01 Parks & Recreation-Sen. Center 631. increase 110-0000-399.00-00 Fund Balance Appropriated 631. decrease 263 Sheriff (Fund 110-General) Code 110-0000-356.30-00 Insurance Reimbursement 110-5100-420.43-21 Maintenance & Repair -Auto 264 Sheriff (Fund 110-General) Code 110-0000-356.30-00 Insurance Reimbursement 110-5100-420.74-74 Capital Outlay 265 COPS 2000 Schools Capital Proiect (Fund 3 1 0-"CP0201 ") 1,854. increase 1,854. increase 8,152. increase 8,152. increase • Code 310-0000-361.10-00 Interest on Investments 54,841. increase 310-8310-410.90-41 Transfer to Courthouse Project 54,841. increase 310-8310-410.45-01 Construction 100. increase 310-8310-410.45-20 Legal & Administration 100. decrease 268 Cooperative Extension (Fund 110-General) Code 110-0000-344.06-00 United Pentecostal Church 2,600. increase 110-0000-353.12-00 United Way-ASEP 2,600. decrease 272 EMS (Fund 110-General) Code 110-0000-353.04-00 Donations 57. increase 110-5400-420.60-33 Materials & Supplies 57. increase 275 Health (Fund 110-General Code 110-7600-441.32-26 Incentives 2,516. increase 110-7600-441.32-77 Credit Card Processing Fee 50. increase 110-7600-441.60-33 Materials & Supplies 250. increase 110-7600-441.60-46 Medical Supplies 1,100. increase 110-7600-441.74-74 Capital Outlay -Equipment 1,265. increase 110-0000-353.02-00 Donations -Health 5,181. increase 278 Health (Fund 110-General) • Code 110-7600-441.43-26 Incentives 1,000. increase 110-7600-441.33-45 Contract Services 5,935. increase 110-7600-441.41-11 Telephone & Postage 10. increase 110-7600-441.54-26 Advertising 520. increase 110-7600-441.55-12 Printing & Binding 1,000. increase 110-7600-441.58-14 Travel 300. increase 110-7600-441.60-33 Materials & Supplies 845. increase 110-7600-441.60-47 Food & Provisions 300. increase 110-0000-334.76-15 Healthy Carolinians 10,000, increase 279 Sheriff (Fund 110-General) Code 110-0000-356.30-00 Insurance Reimbursement 398. increase 110-5100-420.43-21 Maintenance & Repair Auto 398. increase 280 Sheriff (Fund 110-General) Code 110-0000-366.16-00 Federal Asset Forfeitures 3,000. decrease 110-0000-322.44-01 Handgun Purchase -Permit 2,500. increase & Fingerprint 110-0000-322.43-02 Concealed Gun -Fingerprint 500. increase 286 Riverside Proiect (Fund 542-"RIVERS") • Code 542-9101-431.45-70 Interest During Construction 19,195. decrease 542-9101-431.45-80 Contingency 1,729. decrease 542-9101-431.45-09 Construction -Linden 20,924. increase 3. Tax refunds and releases (Attachment 1) 4. Final subdivision plats: A. Barclays Subdivision, Phase III, owner: Davaul Langdon, 5 lots, SR 1532- Langdon Road, Grove Township, RA-30 Zoning District, 24.6 acres B. The Meadows at Buies Creek, Phase IV, owner: Coy & Carolyn Broadwell, 6 lots, SR 2084-Leslie Campbell Ave., Neill's Creek Township, RA-30 Zoning District, .306 acre 50 5. Contract for Mamer's container site in Upper Little River Township with Jack E. Norwood and wife, Gloria A. Norwood. The contract is for two years in the amount of $1,400 per year. 6. Emergency Medical Services contract with Dunn Rescue Squad, Inc. for FY 2001- 2002. 7. Resolution recognizing Lafayette School on attaining designation of "North • Carolina School of Excellence" (Attachment 2) 8. Resolution recognizing Mrs. Pauline Kelley Jackson on her 100'h birthday. (Attachment 3) 9. Resolution declaring Theodore William Campbell, Sr. Day in Harnett County (Attachment 4) 10. Authorization for submittal of an application for a non -matching planning grant offered by the State Library of North Carolina. 11. Authorization for submittal of an application for grant funds through the Diabetes Prevention Control Unit of the North Carolina Department of Health and Human Services. 12. Authorization for reimbursement of Public Utilities fees for current as well as future Habitat for Humanity projects. 13. Change order for Linden portion of Riverside project (Attachment 5) 14. Correction of typo error in Zoning Ordinance amendment resolution that was adopted by the Board on January 22, 2002. (Attachment 6) is Commissioner Andrews presented the resolution recognizing Lafayette School to Lafayette School Principal Betty Ann Bowen. Commissioner Titchener presented the resolution recognizing the Dunn Rescue Squad to Rescue Chief Gary Whitman and Paramedics Anthony Davis and Richard Stump. Chairman Byrd presented the resolution of congratulations to Heather Lewis, Triton High School tennis champion. Informal comments were presented by Jerry Morris, 2455 Walker Road, Bunnlevel, who voiced concerns that his aunt and others have to pay for the availability of sewer service they do not use. Commissioner McNeill moved for the appointments listed below. Commissioner Andrews seconded the motion and it passed unanimously. Board of Health Herman Medlin appointed for a 3-year term to expire 12/31/04 nominated by Commissioner Titchener Airport Committee • L.E. Batten appointed for a 3-year term to expire 12/31/04 nominated by Commissioner Andrews Board of Equalization and Review Dennis Boyette, Jerry Bullock, Thomas Moore, Carnell Robinson, and Darrell Smith re -appointed for one year -- nominated by Chairman Byrd Southeastern Economic Development Commissioner Rodney Tart re -appointed for a 4-year term to expire 04/30/06 nominated by Commissioner McNeill Patricia Crissman, The Wooten Company, briefed the Board that a second public hearing is required regarding the Scattered Site Housing Program. The initial public hearing was held on January 22, 2002. Ms. Crissman provided information on the proposed program for Harnett County and answered questions from the Board of Commissioners. Chairman Byrd called to order a public hearing regarding the • proposed Harnett County Scattered Site Housing Program and opened the floor for comments from the public. No comments were offered and Chairman Byrd closed the public hearing portion of the meeting. Commissioner McNeill moved to authorize submittal of the application and appropriate documents to proceed with the proposed Harnett County Scattered Site Program. Commissioner Hill seconded the motion and it passed unanimously. Commissioner McNeill moved to remove from the table, consideration of a zoning change request for Stafford Land Company that was sent back to the Planning Board at the January 7t" Board Meeting to review for possible change to RA-20R instead of RA-20M Zoning District. Commissioner Hill seconded the motion and it passed unanimously. Mark Locklear, Planner, presented the request for Bradeen B. Vail; Stafford Land Co. Inc., from RA-40 to RA-20M Zoning District, SR 2000-Wade Stewart Circle, Neill's Creek Township, 2.99 acres. Mr. Locklear stated that the Planning Board reconsidered the request at its meeting, February 5, 2002 and unanimously voted to recommend denial of the rezoning request. Commissioner Titchener moved to re -open the public hearing. Commissioner McNeill seconded the motion and it passed unanimously. Comments were received from the following citizens: 1. Jimmy Johnson, Johnson Properties, 350 Woodcroft Drive, Angier, stated that the national trend and the wave of the future is larger homes on smaller lots and RA20R should be transitional usage. is 2. Bob Stafford, applicant, stated he would settle for 100 foot lots instead of 80 foot lots. 3. Joseph Tart, attorney representing Richard Salenetti and others, reviewed the Planning Board consideration. There being no further comments, Chairman Byrd closed the public hearing. After discussion by the Board, Chairman Byrd moved to deny the zoning change request. Commissioner Hill seconded the motion and it passed unanimously. Chairman Byrd called to order a public hearing on a zoning change request. At the Board of Commissioners meeting on January 22, 2002, the Board approved a zoning change request for William Danny Thomas, Sr., from Industrial Zoning District to RA-30 Zoning District, SR 1257-South River Road, Upper Little River Township. At that time the Planning Board asked the Board of Commissioners to also consider certain adjoining parcels. The adjoining property owners had not been notified by mail. Since then, the property owners have been notified and an advertisement for tonight's public hearing has been published. Mark Locklear, Planner, presented the request to the Board and stated that the purpose of the public hearing is to obtain comments from the public regarding the zoning change request. Chairman Byrd opened the meeting for public comments. No comments were offered and Chairman • Byrd closed the public hearing. Commissioner McNeill moved to rezone parcels 4822, 5524,6748, and 5230 to RA-30 Zoning District. Commissioner Andrews seconded the motion and it passed unanimously. Steve Ward, Assistant Public Utilities Director, presented the Discussion of Bids for the interim force main portion of the Harnett-Fuquay Wastewater Project. Mr. Ward discussed the bids and asked the Board to award the contracts to the lowest bidder on each respective portion of the project. The total amount of the contracts is $2,342,009. Commissioner McNeill moved to approved the recommended contracts for the Buies Creek to Lillington forcemain and wastewater pump stations. Commissioner Titchener seconded the motion and it passed unanimously. Commissioner McNeill moved to approve the recommended contracts for wastewater filters. Commissioner Hill seconded the motion and it passed unanimously. (Attachment 7) oo 8 David Brown, Treasurer and Assistant Chief, Flatwoods Community Fire Department, requested authorization for the fire department to purchase a new fire truck. In accordance with the contract, the department is required to appear before the Board prior to proceeding. Commissioner Hill moved to authorize Flatwoods Community Fire Department to purchase the new fire truck. Commissioner Andrews seconded the motion and it passed unanimously. Neil Emory, County Manager, noted that recently representatives of the Harnett Forward Together Committee met with representatives of the Dunn Committee of 100 to discuss the future development and marketing of Edgerton Park, Phase I. In addition, the group also discussed marketing of the spec building located in the park. • The two committees are in agreement on several points regarding these matters and request the Board of Commissioners' approval and commitment as well. Commissioner Andrews moved to endorse the recommendations as outlined in a letter dated February 3, 2002, from Johnson Tilghman, Chairman, Harnett Forward Together Committee. Commissioner Titchener seconded the motion and it passed unanimously. (Attachment 8) Neil Emory, County Manager, reported on proposals received for a digital orthophotography proj ect for the County. Staff has reviewed all proposals and recommend that the contract be awarded to Surdex Corporation. The Board will consider award of the contract at its retreat February 23, 2002. Neil Emory, County Manager, noted that a County Commissioner should be designated to serve on the Rural Transportation Advisory Committee in accordance with a memorandum of understanding with the North Carolina Department of Transportation. Commissioner McNeill made a motion to designate Commissioner Dan Andrews to serve on the Rural Transportation Advisory Committee (RTAC). Commissioner Hill seconded the motion and it passed unanimously. Departmental reports were filed with the Board from Economic Development Commission, Animal Control, Report on Unpaid 2001 Taxes on Real Property (Attachment 9), and Fund Balance Changes -General Fund (Attachment 10) • Commissioner Hill moved that the Board go into closed session for the following purposes: 1) To instruct the County staff concerning the position to be taken on behalf of the County in negotiating the terms of a proposed contract for the acquisition of real property; 2) To give instructions to the County Attorney concerning the handling of a claim and two judicial actions, namely, a) Porter versus Stewart, U.S. Dist. ct. File No. 89-950-CIV-5 and b) Dixon versus County of Harnett, U.S. Dist. Ct. File No. 01-VC-792-BR (3) This motion is made pursuant to N.C. General Statute Section 143-318.11 (a)(3)&(5). Commissioner McNeill seconded the motion and it passed unanimously. Commissioner McNeill moved for the Board to come out of closed session. Commissioner Hill seconded the motion and it passed unanimously. Dwight W. Snow, County Attorney, reported on and presented a proposed release and settlement agreement and stipulation of dismissal for a case of Jesus Manuel Sosa- • Burgos, III, plaintiff, vs. Larry Knott and John A. Sanders. Commissioner McNeill moved to approve the agreement as presented. Commissioner Andrews seconded the motion and it passed unanimously. (Attachment 11) There being no further business, Commissioner Titchener moved for the meeting to recess until 8:00 a.m., Saturday, February 23, 2002 at the Triangle South Enterprise Center in Dunn when the Board will meet for a retreat. Commissioner McNeill sec nded the motion and it passed unanimously. The Harnett County Board of Cozissionernegular mee^, February 18, 2002, recessed at 9:50 p.m. a • /VeK � n Kay S. Blanchard, Clerk -aa "J u • • Attachment 1. MONTHLY REFUND REPORT 11-Feb-02 BILL NUMRF.R NAME 2001603447 2001020254 2001601498 2000656310 200124501 REASON AMOUNT ADAIR JR WILLIAM E SOLD VEHICLE COUNTYWIDE - 6,155 X .76 = 46.78 2001 02/02 2 ERWIN 500 SOUTH 8TH STREET TOWN OF ERWIN - 6,155 X .48 = 29.34 ERWIN, NC 28339 ERWIN FIRE - 6,155 X .05 = 3.08 TOTAL - 79.40 HARRIS, LUCY NO HOME ON PROPERTY SOLID WASTE FEE - 37.50 2001 02/02 2 JOHNSON TOTAL - 37.50 C/O MICHAEL WAYNE HARRIS 3065 RIO BONITA STREET INDIALANTIC, FL 32903 HARRISON, ANDREW SOLD VEHICLE COUNTYWIDE - 6,060 X .76 = 46.06 2001 02/02 2 ERWIN CRAIG TOWN OF ERWIN - 6,060 X .48 = 29.09 503 WARREN ROAD ERWIN FIRE - 6,060 X .05 = 3.03 ERWIN, NC 28339 TOTAL - 78.18 HORINKA, EDWARD J DOUBLE -BILLED; PAID IN COUNTYWIDE - 8,450 X .73 = 61.69 2000 02/02 2 5516 U.S 401 NORTH WAKE COUNTY N. HARN. FIRE - 8,450 X .09 = 7.61 FUQUAY VARINA, NC TOTAL - 69.30 27526 JOHNSON, LARRY R. & OVER -VALUED FOR COUNTYWIDE - 7,924 X .76 = 60.22 2001 02/02 2 JANET B. YEAR 2001 BOONE TRAIL ENE - 7,942 X .07 = 5.55 P.O. BOX 561 TOTAL - 65.77 LILLINGTON, NC 27546 2001614382 ROLLINS, MARGARET SOLD VEHICLE SELVEY 646 CAROLINA WAY SANFORD, NC 27332 2001733643 SMITH, JR EDWIN SOLD VEHICLE LAWRENCE 402 S. 8TH STREET ERWIN, NC 28339 2001615108 SMITH, JR. EDWIN SOLD VEHICLE LAWRENCE 402 S. 87H STREET ERWIN, NC 28339 1999026159 WOODROW LANGDON ACREAGE WAS AS TRUSTEE INCORRECT OF WOODROW R. LANGDON IRREVOCABLE TRUST 2025 CANE MILL RD COATS, NC 27521 2000027561 WOODROW LANGDON ACREAGE WAS AS TRUSTEE INCORRECT OF WOODROW R. LANGDON IRREVOCABLE TRUST 2025 CANE MILL RD COATS, NC 27521 2001027025 WOODROW LANGDON ACREAGE WAS AS TRUSTEE INCORRECT OF WOODROW R LANGDON IRREVOCABLE TRUST 2025 CANE MILL RD COATS, NC 27521 COUNTYWIDE - 7,633 X .76 = 58.01 2001 02/02 2 SPOUT SPRINGS FIRE - 7,633 X. 10 = 7.63 TOTAL - 65.64 COUNTYWIDE - 3,175 X .73 = 23.18 2001 02/02 2 ERWIN TOWN OF ERWIN - 3,175 X .48 = 15.24 ERWIN FIRE - 3,175 X .05 = 1.59 TOTAL - 40.01 COUNTYWIDE - 15,243 X .76 - 115.85 2001 02/02 2 ERWIN TOWN OF ERWIN- 15,243 X .48 = 73.17 ERWIN FIRE - 15,243 X .05 = 7.62 TOTAL - 196.70 COUNTYWIDE - 5,190 X .73 = 37.89 1999 02/02 2 GROVE FIRE - 5,190 X .08 = 4.15 TOTAL - 42.04 COUNTYWIDE - 5,190 X .73 = 37.89 2000 02/02 2 GROVE FIRE - 5,190 X .08 = 4.15 TOTAL - 42.04 COUNTYWIDE - 5,190 X .76 = 39.44 2001 02/02 2 GROVE FIRE - 5,190 X .08 = 4.15 TOTAL - 43.59 2001614382 ROLLINS, MARGARET SOLD VEHICLE SELVEY 646 CAROLINA WAY SANFORD, NC 27332 2001733643 SMITH, JR EDWIN SOLD VEHICLE LAWRENCE 402 S. 8TH STREET ERWIN, NC 28339 2001615108 SMITH, JR. EDWIN SOLD VEHICLE LAWRENCE 402 S. 87H STREET ERWIN, NC 28339 1999026159 WOODROW LANGDON ACREAGE WAS AS TRUSTEE INCORRECT OF WOODROW R. LANGDON IRREVOCABLE TRUST 2025 CANE MILL RD COATS, NC 27521 2000027561 WOODROW LANGDON ACREAGE WAS AS TRUSTEE INCORRECT OF WOODROW R. LANGDON IRREVOCABLE TRUST 2025 CANE MILL RD COATS, NC 27521 2001027025 WOODROW LANGDON ACREAGE WAS AS TRUSTEE INCORRECT OF WOODROW R LANGDON IRREVOCABLE TRUST 2025 CANE MILL RD COATS, NC 27521 COUNTYWIDE - 7,633 X .76 = 58.01 2001 02/02 2 SPOUT SPRINGS FIRE - 7,633 X. 10 = 7.63 TOTAL - 65.64 COUNTYWIDE - 3,175 X .73 = 23.18 2001 02/02 2 ERWIN TOWN OF ERWIN - 3,175 X .48 = 15.24 ERWIN FIRE - 3,175 X .05 = 1.59 TOTAL - 40.01 COUNTYWIDE - 15,243 X .76 - 115.85 2001 02/02 2 ERWIN TOWN OF ERWIN- 15,243 X .48 = 73.17 ERWIN FIRE - 15,243 X .05 = 7.62 TOTAL - 196.70 COUNTYWIDE - 5,190 X .73 = 37.89 1999 02/02 2 GROVE FIRE - 5,190 X .08 = 4.15 TOTAL - 42.04 COUNTYWIDE - 5,190 X .73 = 37.89 2000 02/02 2 GROVE FIRE - 5,190 X .08 = 4.15 TOTAL - 42.04 COUNTYWIDE - 5,190 X .76 = 39.44 2001 02/02 2 GROVE FIRE - 5,190 X .08 = 4.15 TOTAL - 43.59 COUNTYWIDE - 7,633 X .76 = 58.01 2001 02/02 2 SPOUT SPRINGS FIRE - 7,633 X. 10 = 7.63 TOTAL - 65.64 COUNTYWIDE - 3,175 X .73 = 23.18 2001 02/02 2 ERWIN TOWN OF ERWIN - 3,175 X .48 = 15.24 ERWIN FIRE - 3,175 X .05 = 1.59 TOTAL - 40.01 COUNTYWIDE - 15,243 X .76 - 115.85 2001 02/02 2 ERWIN TOWN OF ERWIN- 15,243 X .48 = 73.17 ERWIN FIRE - 15,243 X .05 = 7.62 TOTAL - 196.70 COUNTYWIDE - 5,190 X .73 = 37.89 1999 02/02 2 GROVE FIRE - 5,190 X .08 = 4.15 TOTAL - 42.04 COUNTYWIDE - 5,190 X .73 = 37.89 2000 02/02 2 GROVE FIRE - 5,190 X .08 = 4.15 TOTAL - 42.04 COUNTYWIDE - 5,190 X .76 = 39.44 2001 02/02 2 GROVE FIRE - 5,190 X .08 = 4.15 TOTAL - 43.59 1 Attachment 2. NORTH CAROLINA RESOLUTION HARNETT COUNTY THAT WHEREAS, the State of North Carolina recognizes the academic achievement of the State's highest performing schools by their designation as a North Carolina School of Excellence; and WHEREAS, this recognition is only achieved at a school when at least ninety percent of students are at, or above, Achievement Level III and the school makes or exceeds its expected growth goal; and WHEREAS, this year Lafayette Elementary School became the first school in Harnett County to achieve the distinction of being designated as a School of Excellence; and WHEREAS, this achievement serves as recognition of the dedication and commitment of the staff and students of the school; and WHEREAS, this designation has brought recognition and honor to Harnett County. NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners does hereby recognize and congratulate Lafayette Elementary School for this achievement and does hereby commend Principal Betty Ann Bowen, her teachers and staff, and the parents of the students they serve. In addition, the Board would also extend its congratulations to the students whose hard work and dedication resulted in this achievement for their school. Adopted this 18a' day of February, 2002. HARNETT COUNTY BOARD OF COMMISSIONERS Beatrice B. Hill, Vice Chair Walt Titchener Attachment 3. Teddy J. Byrd, Chairman RESOLUTION Mrs. Pauline Kelley Jackson Dan B. Andrews Tim McNeill WHEREAS, Mrs. Pauline Kelley Jackson celebrated her one -hundredth birthday on February 15, 2002; and WHEREAS, throughout her long life she has enjoyed the love and respect of her family and friends; and WHEREAS, to commemorate this event those individuals whose life she has touched gathered to celebrate her long life; and WHEREAS, this celebration was a testament to the love of her family and friends. NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners does hereby wish Mrs. Jackson a very happy one hundredth birthday and does hereby recognize her on this very special occasion. Adopted this 18`h day of February, 2002. HARNETT COUNTY BOARD OF COMMISSIONERS )JM &r] Teddy V B rd, Ch rman 2. u • Attachment 4. RESOLUTION Theodore William Campbell, Sr. THAT WHEREAS, Norrington A.M.E. Zion Church has designated February 24, 2002 as Theodore William Campbell Sr. Day; and WHEREAS, at the age of ninety-five Mr. Campbell is known for his dedication to his family, his church, and to the vocation of fanning; and WHEREAS, this life of service is evident when one notes his commitment to his children and to his church which he has served in many capacities including Trustee, Sunday School Superintendent, Sunday School Teacher, and Steward Board Member. In • addition, Mr. Campbell has served his church through music, having been a part of the "Campbell Brothers Trio' and currently being a member of three choirs; and WHEREAS, in light of his long years of service, his Church has chosen to honor him on this very special day. NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners does hereby recognize and thank Mr. Theodore William Campbell Sr. for his many years of service to his community; and in addition, does hereby join with Norrington A.M.E. Zion Church in their recognition of him by declaring February 24, 2002 Theodore William Campbell Sr. Day in Harnett County. Duly adopted this 18ei day of February, 2002. HARNETT COUNTY BOARD OF COMMISSIONERS • Attachment 5. lattice B. Hill, ice airman Walt Titchener A% B ZZL ,P Dan B. Andrews - AC Tim McNeil Harnett County does not discriminate onw is , color, national origin, sex, religion, age or disability in employment or the provision of services. CONTRACT CHANGE ORDER I ORDER NO. 2 DATE 2-11-02 STATE NC CONTRACT FOR I `VV Harnett Part B Town of Linden OWNER nr„r 1119. Ti11inat-nn NQ 27r,4fi- _cgunty o G.r.adin.g._.&...Constr.uc.tion�co�R_e�or. Bo.x...... You are hereby requested to comply with the following changes from the contract plans and specification'NCREASE DECREASE Description of Changes in Contract Price in Contract Price -- lemental Plans and Specifications Attached) _ Adjustment of Final Quantities TOTALS 1 $ ..-..--- 20,973.31 ._ 2 0 ,_9 7 3... 31-_._.... JUSTIFICATION: • To adjust final quantities The amount of the Contract will be (DENtRa�Md) (Increased) By The Sum Of: Twenty thousand Nine — hundred —seventy—three & 31 100------ --------- Dollars($ 20,973.31 ). The Contract Total Including this and previous Change Orders Will Be: Three hundred —three Thousand nine hundred -thirty-nine & 64/100------ dollars($ 303 939,_Si4 ). The Contract Period Provi d for Completion Will Be (1x(X6$K$Q) (gyp O.Kgo) (Unchanged): 0 Days This document will bee e a supple t to the contract and all provisions will apply hereto. Requested - fowled tDe1a) a-n-oa- Recommen °, ° Archirecr/En Qlneer) �l tne`ryry 2 5 /aZ Acce ed (c°nrrecrer, loere) 512 Attachment 6. HARNETT COUNTY, NORTH CAROLINA A RESOLUTION AMENDING THE HARNETT COUNTY ZONING ORDINANCE TEXT WHEREAS, the Board of Commissioners of Harnett County adopted a Zoning Ordinance on July 18, 1988 and June 5, 2000 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A-340; and WHEREAS, the Zoning Ordinance contains provisions for amending said ordinance and those • provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to Article VI of the Zoning Ordinance and recommends the adoption of the following amendment. NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Article VI of the Zoning Ordinance be amended by adding the following text to Article VI, Section 4.2-N, 6.2-S, 7.2-U, and changing the text in 5.2-K to read as follows: Kennels, Riding Stables, and other similar regulated Land Uses. Duly adopted this 18°i day of February, Two Thousand Two and effective upon adoption. HA ETT COUNTY INARD OF COMMISSIONERS �U A 24 ed y J. Byrd irman ATTEST: Attachment 7. DISCUSSION OF RIDS County of Harnett M&M Project 20026 Bides Creek to Lillington Forcemaln February 13, 2002 Contract Nos. 1, 2 & 3 GENERAL Formal bids were received and read aloud at 3;00 p.m., November 21, 2001 in the Commissioner's meeting room of the Harnett County Administration Building in Lillington, North Carolina. Contract No. 3 did not have enough bidders to open bids and was readvertised for December 6, 2001. The project was advertised according to State Statutes in a Newspaper having statewide circulation at least seven days prior to the bid opening. The project was also advertised in bulletins of the Associated General Contractors of America, The F. W, Dodge Corporation at various offices in North Carolina. Basically, this work involved three (3) contracts: Contract No. 1: Forcemain: includes about 2,228 If of 16-inch PVC (SDR 21) gravity sewer, 15,676 If of 16- inch PVC (SDR 21) forcemain, 1,080 If of 10-inch ductile iron forcemain and 893 If of 4-inch PVC (SDR 21) forcemain with all appurtenances and Contract No. 2 Wastewater Pump Stations: include the following: A. Buses Creek WWrP • Site development, drainage, erosion control and yard piping • w/appurtenances, grading, grassing, & fencing_ • One (1) each pump station w/structure mechanical piping, pumps and appurtenances. Parshall flume w/ instruments and mechanical bar screen. B, @Central Carolina Community College • Site development, yard piping w/appurtenances excavation and erosion control • One (1) each 30,000 gallon precast concrete equalization tank w/appurtenances • One (1) each duplex wastewater pump station with piping, valves and equipment C. "This End Up" Pump Station • Replacement of existing wastewater pumps and controls • Modifications to existing structure Contract No. 3 Electrical: includes the following: A. Buies Creek WWTP Controls, equipment and wiring for a new WW pump station, bar screen and parshall flume. B. Central Carolina Community College • Controls, equipment and wiring for duplex ww pump station • C. @ "This End Up Pump -Station" Wiring for new pumps in existing pump station. The purpose of this project is to provide a regional wastewater pumping station that will ultimately transfer all of the wastewater flow from the Buies Creek/Coats wastewater plant to the existing Llllington wastewater treatment facility. This project will immediately provide the capability of pumping 150,000 gallons per day of wastewater from the Buies Creek Treatment Facility to the Lillington Treatment Facility, The purpose of this is to reduce the existing wastewater flow to the Buies Creek Treatment Plant to a level that will allow additional connections in the Buies Creek Coats Water & Sewer District. Continued use of the Buies Creek treatment facility without this project will lead to a moratorium imposed by the State of North Carolina restricting future connections. The operation of this project will require a temporary equalization basin to be constructed near the campus of Central Carolina Community College. The flow will be equalized in a manner that only 150,000 gallons per day of wastewater will be allowed to enter the existing Lillington wastewater collection system. The wastewater will be subsequently pumped across the Cape Fear River in the existing forcemain that is fed from the "This End Up Pumping Station". It will be necessary to expand the wastewater pumping capacity of the "This End Up Pumping Station". Odor control facilities and telemetry controls will be provided to operate the equalization facilities and allow the project to perform in an environmentally acceptable manner. PROPOSALS The contracts had the following number of bid documents requested by • contractors with the indicated responses: ContrAct Plang Requested Bids Submitted Contract No, 1 18 12 Contract No. 2 8 3 Contract No. 3 4 2 Contract 3 — Electrical project was readvertised on November 22, 2001 & bids received on December 6, 2002 One addenda was issued for this work and all contractor's submitting a bid indicated that they had received the Addenda. A copy of the Certified Tabulation of Bids received is appended to this Discussion of Bids. This Discussion along with the Tabulation should remain in the permanent files of this project. Contract No. 1 included a base and an alternate proposal. The purpose of the alternate proposal was to require a price from the contractor for furnishing and installing pumps at the This End Up pumping station that were manufactured by EBARA pump company. The existing pump station was originally constructed using EBARA pumps. In order to meet State Statutory Bidding Requirements it is necessary to prepare a base proposal allowing several pump manufactures to bid the work and then require an alternate proposal for a specific pump manufacturer if it is desired for such an installation. In that way, the State has the option of participating only in the cost deferential between the base proposal and the alternate proposal. In the case of the low bidder, the cost for the base proposal and the alternate proposal with regard to the "This Ends Up Pumping Station" was the same price. The low proposal for Contract No. 1 was submitted by Temple Grading & Const. • of Lillington, NO for a total unit price amount of $561,113.51. The second low proposal was submitted by Billings & Garrett, Inc. of Raleigh, NO for a total unit price amount of $590,411.90. The low proposal for Contract No. 2 was submitted by T. A. Loving Co. of Goldsboro, NO for a total lump sum amount of $638,000.00, The second low proposal was submitted by Water & Waste Systems of Raleigh, NC for the lump sum amount of $667,000.00 which included the alternate proposal. The low proposal for Contract No. 3 was submitted by T. A. Loving Co. of Goldsboro, NO for a total lump sum price of $117,500.00. and the second low bidder was Hogue Electric Co. of Lillington, NO for a total lump sum price of $185,000.00. Buies Creek to Lillington Forcemaln Page 3 of 6 Marziano & Mlnier, PA The Engineers feel that the project was well advertised to the construction industry and that the proposals received are the best that can be expected at this time. FINANCING The project will be funded from funds budgeted by the County of Harnett at this time. This project also included a grant by the Economic Development • Administration that was originally intended for the expansion of the Buies Creek Coats wastewater treatment facility, The grant is in the amount of $500,000. The condition of the grant required a 100% match by Harnett County which meant that the minimum project cost needed to be at least $1,000,000. This project cost will exceed the minimum amount. The balance of the funds will eventually be eligible for State Revolving Loan Funding once the regional wastewater treatment facility is completed. This eligibility has been determined in writing from the Office of Construction Grants of the Department of Environment & Natural Resources in Raleigh, North Carolina. The project budget is recommended as follows; Construction; $1,316,613.51 Technical Fees: $ 50,000.00 Land & R-O-W $ 0.00 Legal/Admin. $ 5.000.00 Contingencies: $ 50,000,00 Total $1,421,613.51 RECOMMENDATION The engineers recommend contract award for this work as follows: CONTRACT NO. 1 - FORCEMAIN Temple Grading & Const, P. 0. Box 1475 Lillington, NC 27546 Lump Sum Price Amount - $561,113.51 • CONTRACT NO.2 — WASTEWATER PUMP STATIONS T. A. Loving Co. P. 0. Box 919 Goldsboro, NC 27533 Lump Sum Price Amount - $538,000,00 (includes alternate proposal) CONTRACT NO.3 — ELECTRICAL T, A, Loving Co. P. 0. Box 919 Goldsboro, NC 27533 Lump Sum Price Amount - $117,500.00 SUMMARY The Engineers are pleased to have assisted the County of Harnett in acquiring bonsfide construction proposals for this work. We stand ready to assist you with the award and construction management of this project. Submitted this 13th day of February, 2002. • MARZIANO & MINIER, PA By 4Lar(�iif� H. J. Ma land, P.E. Attachment 8. HARN ETT FORWARD TOGETHER COMMITTEE • Phone:(910) 893-7524 Fax:(910) 893-7589 February 3, 2002 Mr. Teddy Byrd Chairman Harnett County Board of Commissioners Lillington, North Carolina Post Office Box 1270 Lillington, NC 27546 Re: Recommendation from Harnett Forward Together Committee on Old Edgerton Industrial Park and Spec Building owned by Dunn Area Committee of 100, Inc. Dear Mr. Chairman and Commissioners: The Harnett Forward Together Committee met with Mr. Abe Elmore and other Directors of the Dunn Area Committee of 100, Inc. to explore ways Harnett County and the Harnett Forward Together Committee, Inc. ("HFTC") could be of assistance in the development of the Old Edgerton Industrial Park south of Dunn on U.S. Highway 301 and Longbranch Road, and the marketing of the spec • building which is owned by the Dunn Committee of 1.00, Inc.. The discussions between the two organizations was very positive, and it was clear that much could be achieved to enhance the attractiveness of the industrial park and make it, as well as the spec building, more marketable if we all worked together. The two organizations have reached an agreement and understanding that will bring the park under the control of the HFTC. In return the HFTC has agreed to make certain improvements to the infrastructure in the park, including the running water and sewer lines, dealing with drainage issues, and the construction of a paved road from the existing road in the park to Long Branch Road. The Dunn Area Committee of 100, Inc. will allow the HFTC and the Harnett County Economic Development Director to assist in the marketing of the Spec building. In this regard, the HFTC will have the authority to determine the sale price of the spec building and the Dunn Area Committee of 100, Inc. will transfer and convey the building to a buyer for the sale price so determined. Further, the entire cost of the spec building and land will be made available to the HFTC. The Dunn Area Committee of 100, Inc. will agree to sell the building at a lose, if necessary to attract a desirable corporate citizen to the county, provided Harnett County agrees to share the loss equally with the Dunn Area Committee of 100, Inc.. The respective Board of Directors of both organizations have unanimously • approved this understanding and agreement. I request the Harnett County Board of Commissioners to approve and endorse this agreement. Please feel free to contact me if you have any questions regarding this letter and the request made herein. Very truly yours, Harnett Forward Tog ther Committee ohnson Tilghma Chairman 51 Attachment 9. Date: 02/14/02 Subject: Unpaid 2001 Taxes on Real Property In accordance with G.S. 105-369(a), I am reporting the amount of unpaid 2001 taxes on real property to date. That amount is $2,944,053.40. Please find attached a copy of the totals sheet, directly from the computerized report • Please submit this information to the Board of Commissioners. Attachment 10. Fund Balance Changes - General Fund Fiscal Year 2001 - 2002 As of February 18, 2002 r una natance Approprnaueu: To re -encumber purchase orders from the 2000-2001 fiscal 2 7/16/2001 Finance $2,421.00 110 year. To budget funds which were received during the 2000-2001 3 7/16/2001 Health $5,510.00 110 fiscal year. To adjust the Tap Duke Endowment revenue to reflect the amount of reimbursement which will be received from the 8 7/16/2001 Teens As Parents $117,271.00 110 Duke Endowment fund. To setup the remaining budget for the Child Care Resource 9 7/16/2001 Cooperative Extensioll $31,422.00 110 Referral Block Grant for the Fiscal Year 2001-2002 17 8/6/2001 Aging $2,495.00 110 To increase RSVP Special Projects. 18 8/6/2001 Aging $556.00 110 To increase expenditure to purchase fans for the elderly. Reduce Fund Balance Appropriated due to additional revenues received from the Social Security Administraton for inmates 22 8/6/2001 Revenues ($2,000.00) 110 confined locally. Increase budgeted expenditures to cover Contracted Services 23 1 8/6/2001 Finance $11,670.00 110 for the Pitney Bowes machine. Increase budget due to donations received too late in the fist 28 8/6/2001 Health $500.00 110 year 2000-2001 to be budgeted. Increase budget to return unspent grant funds & program income for fiscal year 2000-2001 for Outdoor Learning 35 8/6/2001 Cooperative Extensior $1,340.00 110 Environment Grant. hncrease budget to return unspent grant funds & program income for fiscal year 2000-2001for Parents As Teachers 36 8/6/2001 Cooperative Extensio $1,415.00 110 Grant. Increase budget to return unspent grant funds & program income for fiscal year 2000-2001 for Family Home Care 37 8/6/2001 Cooperative Extension $610.00 110 Licensure Grant. To adjust the WIA One Stop budget to reflect accrual grant 38 8/6/2001 Human Resources ($27,243.00) 110 revenue. Increase the 4-H program expenditure & revenues & to 39 8/6/2001 Cooperative Extensior $29,520.00 110 budget for funds which were not used last fiscal year. Increase the Family & Consumer Science expenditure & revenues for the current fiscal year & to also budget for 40 1 8/6/2001 Cooperative Extensio $264.00 110 revenue which was unspent from fiscal year 2000-2001. To move prior year uiexpended donated and grant fiords to 41 8/6/2001 Social Services $88,964.00 110 1 the current fiscal year. Increase revenue line for the Emergency Management 46 8/20/2001 Emergency Services ($11,610.00) 110 Program Grant for the period 10/01/00 through 09/30/01. To decrease Fund Balance Appropriated due to the receipt of 50 8/20/2001 Health ($500.00) 110 donations for the Health Department. 53 8/20/2001 Revenues ($49,000.00) 110 ITo increase the budgeted revenues from the clerk of court. To increase Contracted services due to unspent Medicaid 9/4/2001 Health $27,134.00 110 Earnings. To increase Capital Outlay due to unspent Local Law r879/17/2001 Enforcement Block Grant funds received during the prior Sheriff $55,816.00 110 fiscal year. $3,050,135 • • • is Fund Balance Changes - General Fund Fiscal Year 2001 - 2002 As of February 18, 2002 runa tsarance 85 9/17/2001 Governing Body $10,000.00 110 To increase budget for the Johnsonville Senior Center projec . To budget the County's match for fiscal year 2001-2002 for 98 10/1/2001 Governing Body $7,100.00 110 the Lee-Hamett Criminal Justice Alliance. To increase Maintenance & Repairs due to insurance reimbursements for damages caused by lightning to the Fire 100 10/1/2001 Sheriff $6,380.00 110 Alarm System. To setup the budget for fiscal year 2001-2002 and to roll 105 10/15/2001 General $1,219.00 110 forward funds from fiscal year 200-2001. To adjust hitangibles Tax to reflect the actual amount 110 11/5/2001 Revenues ($3,516.00) 110 received at the NC Capital Management trust. To increase budgeted revenues for the CBA Juvenile 119 11/5/2001 Youth Services ($5,000.00) 110 Restitution grant for fiscal year 2001-2002 To increase expenditure line due to the final settlement of tw 124 1 11/5/2001 Governing Body $8,000.00 110 worker's compensation. 1 To increase handgun purchase permits and fees due to 132 11/5/2001 Sheriff ($6,000.00) 110 projected revenues for the fiscal year. To increase budgeted revenues for the Domestic Violence 135 11/19/2001 Revenues ($49,566.00) 110 Grant. To budget a portion of the Country's contribution to the 136 11/19/2001 hnterfund Transfer $50,000.00 110 Shawtown Infrastructure Capital Project. To budget donation for the Jr. ROTC at Western Harnett, the Johnsonville -Spout Springs community development club fo the Cameron Hill Cemetery and band uniforms for Western 140 11/19/2001 Governing Body $19,500.00 110 Harnett. 144 11/19/2001 Cooperative Extension $8,580.00 110 To setup budget for CCR&R. To increase Jail & Inmate fees received for fiscal year 2001- 146 11/19/2001 Revenues ($7,000.00) 110 2002. To budget funds to pay the 2001 property taxes on all county 153 12/3/2001 MIS $2,067.00 110 computer rentals. To budget grant fiends for the fiscal year 2001-2002 for the 155 12/3/2001 Revenues ($5,682.00) 110 Senior Center Area of Aging. To increase bad debt expense for write-offs of account 157 12/3/2001 EMS $220,388.00 110 balances which are five years older. To budget the return of unspent grant funds for fiscal year 158 12/3/2001 Youth Services $59.00 110 2000-2001 for CBA Juvenile Restitution. To increase budget for the Governing Body the Tax 179 1/7/2002 Governing Body $85,000,00 110 Department Professional services. To reduce Fund Balance Appropriated due to additional revenues received from the Social Security Administration fo 180 1/7/2002 Revenues ($2,400.00) 110 inmates confined locally. To budget additional revenues for adoptions, donations and 181 1/7/2002 Social Services ($22,093.00) 110 case management. To setup the budget for the progran funding for congregate 202 1/7/2002 Aging $4,203.00 110 and home delivered nutritional meals for the elderly. 206 1 7/7/2002 EMS $33,000.00 110 to increase budget forbad debt expense. 1 To increase Insurance & Bonds to cover the cost of insurance 210 1/22/2002 1 Public Buildings $21,170.00 110 and worker's compensation. • 212 1/22/2002 Revenues 216 1/22/2002 Sheriff 228 1/22f2002 Tax 238 1/22/2002 239 1/22/2002 239 1/22/2002 241 1 2/4/2002 MIS General Services Social Services Debt Service Fund Balance To adjust Intangibles Tax to reflect the actual amount ($1.00) 110 received at the NC Capital Management trust. To increase Capital Outlay for the purchase of Law Enforcement equipment due to the receipt of Substance Abus $1,279.00 110 Tax. To budget for tax refunds from Fiscal Year 1999 - 2000 that $716.00 110 were not paid. To budget additional part-time wages to continue the service the MIS Department provides to the various County $4,000.00 110 departments for programming services. To increase line item due to the receipt of insurance proceeds $6,950.00) 110 for a wrecked van. To budget funding from Central Electric Membership $1,900.00 110 Corporation for hearing. To budget interest for the COPS 2000 School & Courthouse $2,834.00 110 debt. $3,050,135 $3,050,135 year-to-date Fund Balance Appropriated: $3,715,877 Fund Balance Changes Public Utilities Fiscal Year 2000-2001 As of February 18, 2002 Original Budgeted Fund Balance To budget the interfund transfer of funds to the Titan 5 8/20/2001 Public Utilities 1 $479,000.00 531 Wastewater Extension project. To budget interfund transfers to the Wastewater SCADA improvements, Riverside & Southwest 95 10/1/2001 Public Utilities $171,944.00 531 Regional Transmission Projects for debt service. To budget the interfund transfer of funds to the HWY 99 10/1/2001 Public Utilities $75,000.00 531 187 Sewer Improvements Project. 133 11/5/2001 Public Utilities ($631,376.00) 531 ITo adjust budget for miscellaneous revenue items. To budget the interfund transfer of funds to the 174 12/3/2001 Public Utilities $75,000.00 531 Southwest Regional III design Phase Project. 204 1/7/2002 Public Utilities ($19,101.00) 531 To increase budget revenue received over budget. To budget funds to pay for continuing pump and haul expenses associated with Coats -Erwin School Sewer 229 1/22/2002 Public Utilities $10,000.00 531 Project. vear-to-date Fund Balance Appropriated: Attachment 11. IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA DURHAM DIVISION No. 1:01-CV-01079 JESUS MANUEL SOSA-BURGOS, III, ) Plaintiff, ) VS. STIPULATION OF DISMISSAL LARRY KNOTT, in his individual and official capacity as Sheriff of Harnett County, North Carolina; and JOHN A. SANDERS, in his individual and official capacity as Deputy Sheriff for the Harnett County Sheriff's Department, Defendants The parties hereto, through counsel and pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure, hereby stipulate and agree .that all claims asserted in this action against Defendants are hereby dismissed with prejudice. This the 8 day ofjanu 2002. Thomas Camp Mark A. Davis Van Camp, Meacham & Newman, PLLC Womble Carlyle Sandridge & Rice Post Office Drawer 1389 a Professional Limited Liability Company Pinehurst, North Carolina 28370 Post Office Box 831 Raleigh, North Carolina 27602 Attorney for Plaintiff Attorney for Defendant Knott $0.00 $160,467.00 is ,A ? Jmaw(4AO) Dwight W. Snow Harnett County Attorney Post Office Box 397 Dunn, North Carolina 29334 Attorney for Defendant Sanders • RELEASE AND SETTLEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS that JESUS MANUEL SOSA-BURGOS, III (hereinafter "Releasor") makes this agreement in release and settlement of all claims against HARNETT COUNTY, SHERIFF LARRY KNOTT, THE HARNETT COUNTY SHERIFF'S DEPARTMENT, THE HARNETT COUNTY BOARD OF COMMISSIONERS, HANOVER INSURANCE COMPANY, MURDOCK CLAIM MANAGEMENT CORPORATION, AND JOHN A. SANDERS (hereinafter "Releasees"), as is more particularly described herein. RECITALS A. There is presently pending in the United District Court for the Middle District of North Carolina, a civil lawsuit, Jesus Manuel Sosa-Burgos, III v. Larry Knott, in his individual and official capacity as Sheriff of Harnett County, North Carolina, and John A. Sanders, in his individual and official capacity as Deputy Sheriff for the Harnett County Sherf's Department, 1:01-CV-01079 (hereinafter "the Lawsuit"); B. Defendants deny all material allegations in the Complaint which was filed in the Lawsuit; C. The parties to the Lawsuit desire to enter into this Release and Settlement Agreement in order to provide for certain payments in full settlement and discharge of all claims which have been made, or might have been made, • by Releasor against Releasees and which were, or could have been, asserted in the Lawsuit, upon the terms and conditions set forth below. NOW, THEREFORE, it is agreed as follows: 1.0 Release and Discharge 1.1. In consideration of the compromise of disputed claims and the payment of the sums set out below 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. 1.2. Releasor acknowledges and agrees that the release and discharge set forth herein is a general release of all claims his on behalf. Releasor expressly waives and assumes the risk of any and all claims for damages which exist as of this date on his behalf; but of which Releasor does not know or suspect to exist, whether through ignorance, oversight, error, negligence, or otherwise, and which, if known, would materially affect Releasor's decision to enter into this Release and Settlement Agreement. Releasor further agrees that Releasor has accepted payment of the sums specified herein as a complete compromise of all matters involving disputed issues of law and fact as they relate to claims on his behalf. Releasor assumes the risk that the facts or law may be other than Releasor believes. It is understood and agreed to by the parties that this settlement is a compromise of a doubtful and disputed claim, and the payments are not to be construed as an admission of liability on the part of Releasees, by whom liability is expressly denied. 1.3. Releasor does for himself, his agents, heirs, assigns, attorneys, servants, insurers, family members, and representatives hereby RELEASE, ACQUIT, HOLD HARMLESS, AND • FOREVER DISCHARGE Releasees and their past, present, and future agents, servants, employees, officers, representatives, directors, board members, commissioners, subsidiaries, attorneys, affiliates, partners, predecessors, successors in interest, assigns, family members, owners, insurers, officials (elected and appointed), and all other persons, firms, corporations, or other entities with whom any of the above have been, are now, or may hereafter be affiliated, in their individual and official capacities, of and from any and all claims, actions or causes of action, demands, damages (actual, consequential, compensatory, treble, nominal, and punitive), costs, pre judgment interest, debts, unpaid bills, judgments, expenses, liabilities, attorneys' fees, interest, legal costs, injunctive or declaratory relief, whether known or unknown, whether in law or in equity, whether in tort or contract, of any kind or character, which they now have, or might otherwise have, on his behalf against Releasees arising out of the matters set out in the Complaint which was filed in the Lawsuit and which were, or could have been, asserted in the Lawsuit on his behalf, including, without limitation, claims for excessive force, claims under 42 U.S.C. §1983; claims.under 42 U.S.C. §1988; claims under the Fourth Amendment; claims for failure to properly supervise; claims under N.C. Gen. Stat. §15A-401; claims for injuries, physical pain and suffering, mental and emotional stress, and other damages; claims for negligent 520 supervision and retention; claims for intentional infliction of emotional distress; claims for negligent infliction of emotional distress; claims for assault; claims for battery; claims for verbal abuse; claims for malicious, willful, wanton, and reckless disregard for Releasor's mental and emotional well-being; claims for negligence; claims based on vicarious liability or respondeat superior; claims for negligent retention; claims for failure to properly supervise; claims for failure to train; claims for false arrest; claims for false imprisonment; claims for physical pain, public humiliation, mental distress, and humiliation; claims to recover lost work time; claims for other general and special damages; claims for malicious prosecution; claims for willful, wanton, malicious, and reckless conduct; claims for severe mental and emotional distress; claims for damage to reputation; claims for loss of earnings past, present and future; claims for pain and suffering; and all other claims on behalf of Releasor arising under North Carolina or federal law • concerning the incidents referenced in the Complaint which was filed in the Lawsuit and which were, or could have been, asserted in the Lawsuit on behalf of Releasor. 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. This Release and Settlement Agreement shall be a fully binding and complete settlement among the Releasor, Releasees and their heirs, assigns, and successors. 2.0 Payments 2.1. In consideration of the release set forth above, Releasees agree to pay to Releasor the sum of Seven Thousand and 00/100 dollars ($7,000.00). 2.2. Releasor shall be solely responsible for satisfying out of said payment any and all attorneys' fees and expenses and any liens which may be enforceable by Releasor's attorneys as well as any other liens or expenses of any type or character which might be enforceable by any individual or entity with respect to the proceeds of this settlement or otherwise. 3.0. Dismissal of Lawsuit. 3.1. Releasor agrees to dismiss with prejudice all of his claims against Releasees asserted in the Lawsuit. 4.0. Payment of Liens, Subrogated Interests, and Rights of Assignment. 4.1 It is further agreed that Releasor shall pay or cause to be paid, and hereby directs and authorizes Releasor's attorneys 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, isagreement, 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, subrogated interests, or rights of assignment. 5.0. Representation of Comprehension of Document. 5.1 In entering into this Release and Settlement Agreement Releasor represents that Releasor has relied upon the advice of his attorneys, who are the attorneys of his own choice, concerning the legal and income tax consequences of this Release and Settlement Agreement; that the terms of this Release and Settlement Agreement have been completely read and explained to Releasor by his attorneys; and that the terms of the Release and Settlement Agreement are fully understood and voluntarily accepted by Releasor. 6.0. Indemnification. 6.1 Releasor further agrees, in consideration of the above -referenced payments, 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 herein, 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 herein or as a result of any payments made pursuant to this Release and Settlement Agreement. 7.0. Costs and Attorneys' Fees 7.1 Releasor and Releasees shall each bear their own costs, attomy's fees, and other expenses of litigation. 8.0. Severability, Errors, and Mistakes. 8.1 In the event that any provision or portion of this Release and Settlement • Agreement 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 Settlement Agreement, 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. All parties agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Release and Settlement Agreement. 9.0. Entire Agreement. 9.1 Releasor covenants and agrees that this Release and Settlement Agreement contains the entire agreement between Releasor and Releasees and that the terms hereof are contractual and not a mere recital, and shall be binding upon and inure to the benefit of the executors, administrators, personal representatives, heirs, successors, and assigns of Releasor and Releasees. Releasor acknowledges that the consideration recited herein constitutes the sole consideration for this Release and Settlement Agreement and that no other promises, statements, or representations except as appear herein have been made by any party (or any agent, attorney, or representative thereof) to induce Releasor to enter into this Release. 10.0. Warranty of Capacity to Execute Agreement/Governing Law 10.1 Releasor represents and warrants that no other person or entity has, or had, any interest in the claims, demand, obligations, or causes of actions referred to in this Release and • Settlement Agreement, except as otherwise set forth herein; that Releasor has the sole right and exclusive authority to execute this Release and Settlement Agreement and receive the funds specified in it; and that Releasor has not sold, assigned, transferred, conveyed, or otherwise disposed of any of the claims, demands, obligations or causes of action referred to in this Release and Settlement Agreement. This Release and Settlement Agreement shall be construed and interpreted in accordance with the laws of the State of North Carolina. 10.2 Releasor represents and warrants that he is competent to enter into this Release and Settlement Agreement. 11.0. Final Release 11.1 Releasor intends to release Releasees, thereby terminating all the disputes, controversies, claims and causes of action on his behalf which exist or have existed as of the date of this agreement or which may exist after the date of this agreement and this release should be interpreted and construed broadly to accomplish such intent and purpose. Therefore, in consideration of the agreement made hereunder by Releasees, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, Releasor, for his decedents and heirs, successors, and assigns, and personal representatives expressly releases and forever discharges Releasees and their respective decedents, heirs, successors, assigns, attorneys, personal representatives, and insurers from all actions, causes of action, suits, claims, or demands of whatsoever kind or character, at law or in equity, whether the liability be joint or several, known or unknown, which exist or may exist on the date hereof or which may exist in the future, for, upon, or by reason of any transaction, matter, occurrence, act, omission, or statements heretofore made by a party or his attorney, or act, omission, cause or thing whether related directly or indirectly to the subject matter made the basis of the claims herein. 12.0. Effectiveness 12.1 This Release and Settlement Agreement shall become effective immediately • following execution by Releasor. 13.0 Confidentiality 13.1 Releasor agrees that this settlement, and the terms thereof, shall remain confidential except to the extent that disclosure is required by law. This theS_day of G a GN 2002. u SUS MANUEL SOSA- GOS, III For Releasor APPROVED: Thomas . an Camp Van Camp, Meacham & Newman, PLLC Post Office Drawer 1389 Pinehurst, North Carolina 28370 Attorney for Releasor STATE OF UAL C cc vep COUNTY OF F t vo • I�rL, a Notary Public of the State and County aforesaid, do hereby certify that ksusftANUEL SOSA-BURGOS, III, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. WITNESS my hand and notarial seal, this _ day of 1 �o �� —+ , 2002. 1 ary Public My Commission Expires: g-, 03. 03