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Home My WebLink About030617a Agenda PackageHARNETT COUNTY BOARD OF COMMISSIONERS County Administration Building 102 East Front Street Lillington, North Carolina Regular Meeting March 6 , 201 7 1. Call to order -Chairman Gordon Springle 9:00am 2. Pledge of Allegiance and Invocation -Commissioner Barbara McKoy 3. Consider additions and deletions to the published agenda 4. Consent Agenda A. Minutes B . Budget Amendments C. Tax rebates, refunds and releases D. Order for the Tax Administrator to advertise, pursuant to NCGS 105-369, unpaid taxes for the fiscal year 2016-17 that constitute a lien on real property. The unpaid taxes on property as of January 31, 2017 were $3 ,048,097.87. E. Hamett County Sheriff's Office requests approval of the Hamett County Detention Center Health Plan 5. Period of up to 30 minutes for informal comments allowing 3 minutes for each presentation 6 . Appointments 7. County Manager's Report -Joseph Jeffries, County Manager Development Services Report -January 2017 Hamett County Veteran Services Activities Report -February 2017 Hamett County Department of Social Services Monthly Report -January 2017 8 . New Business 9. Closed Session 10. Adjourn Page 1 030617 HC BOC Page 1 HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting February 20, 2017 The Harnett County Board of Commissioners met in regular session on Monday, February 20, 2017, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Gordon Springle, Chairman Joe Miller, Vice Chairman Barbara McKoy, Commissioner Howard Penny, Commissioner Abe Elmore, Commissioner Joseph Jeffries, County Manager Paula Stewart, Deputy County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Chairman Springle called the meeting to order at 7:00 pm. Boy Scout Troop 902 led the Pledge of Allegiance and Commissioner Elmore led the invocation. Chairman Springle called for additions and deletions to the published agenda. Mr. Jeffries requested the addition of the Harnett County Board of Education's Capital Request for $70,537. Commissioner Elmore moved to approve the agenda as amended. Commissioner McKoy seconded the motion, which passed unanimously. Vice Chairman Miller moved to approve the following items listed on the consent agenda. Commissioner Penny seconded the motion, which passed unanimously. I. Minutes : February 6, 2017 Regular Meeting 2. Budget Amendments: 265 Public Utilities Water Plant E xtension Project Code 545 -9100-431.45-20 Legal & Admin 545-9100-431.45-80 Contingency 545-9100-431.45-40 Land & ROW 545-9100-431.45-33 Materials & Supplies 545-9100-431.45-0 I Construction 545-0000-314-50-00 Sales Tax Refund 545-0000-314-50-00 HCDPU Interfund Transfer 6 ,875 decrease 20 I , 863 decrease 30,000 decrease 50,551 decrease 423,485 increase 71,846 increase 53 ,350 increase February 20, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of6 030617 HC BOC Page 2 273 Social Services Department Code 110-7700-441.36-13 Adult Care Home Training 110-7700-441.89-20 Central Electric Donation l 10-7700-441.89-30 Fuel Fund Donation 110-7700-441.89-40 General Agency Donation 110-7700-441.89-50 Elderly Assistance Donation 110-7700-441 .89-60 Foster Care Donation 110-7700-441.89-70 Christmas Cheer 110-7700-441.88-15 Special Needs Adoptions 110-7700-441.80-90 Crisis Intervention 110-7700-441.80-92 LIEAP 110-7700-441.80-60 Day Care Smart Start 110-0000-399.00-00 Fund Balance Appropriated l 10-0000-330.77-01 Social Services Administration 110-0000-353 .77-01 Donations Social Services 110-0000-330.77-05 Day Care Smart Start 274 Social Services Code 110-7700-441.74-74 Capital Outlay Equipment l 10-0000-399.00-00 Fund Balance Appropriated l 10-0000-330.77-01 Social Services Administration 3. Tax rebates, refunds and releases (Attachment 1) 40 increase 4,588 increase 96 increase 314 increase 6,560 increase 262 increase 3 22 increase 16,534 increase 13,942 increase 13,942 increase 700,000 increase 23,757 increase 27,884 increase 4,959 increase 700,000 increase 50,000 increase 25,000 increase 25,000 increase 4. Resolution to Place a Public Road on the State's Secondary Road System (Attachment 2) 5. Resolution Adopting the Amended Comprehensive Transportation Plan for Hamett County (Attachment 3) 6. Harnett County Board of Health requested approval to increase fees for services for #90746 Hepatitis B (19+) $45.00. 7. Harnett County County Staff Attorney disclosed Settlement Agreement in Key Constructors, Inc./Harnett County Department of Public Utilities matter; $125,000 was paid out to Hirschler Fleischer Trust Account; Project Number: PUl 002 SC WW 182 .8. Harnett County Finance Officer requested approval to establish a savings account for Harnett County with First Tennessee Bank. 9. Harnett County Parks and Recreation requested approval of the Engineering and Design Contract with McGill Associates for the Phase 1 construction of the Government Complex Park. Phase 1 will include roadway, parking, multipurpose and baseball fields, walking trails, water access and river overlook. February 20, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 6 030617 HC BOC Page 3 10. Harnett County Cooperative Extension requested permission to name the training room in the Agriculture Center "Jennifer Walker Training Room" in honor ofretired County Extension Director Jennifer Walker who passed away in December 2016. 11. Harnett County Finance Officer, on behalf of the Harnett County Board of Education, requested approval of the Board of Education's capital request of $58,537 to purchase an F-550 truck for their custodial department and $12,000 to replace a water heater at Harnett Central Middle School. The Board of Education also requested that their 2016- 2017 Capital Needs Assessment submitted as part of the budget process be revised to include additional capital needs. Chairman Springle opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. Cris Nystrom of 391 Center Lane in Bunnlevel talked about the condition of Hwy 87 in Harnett County. Vice Chairman Miller moved to approve the appointments listed below. Commissioner McKoy seconded the motion, which passed unanimously. ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE DeAngelo Jackson (nominated by Vice Chairman Miller) was re-appointed to serve on this committee for a term of three year expiring February 28, 2020. HARNETT COUNTY COUNCIL FOR WOMEN Dr. Carol Simonson (nominated by Vice Chairman Miller) was appointed to serve on this council for a term of three years expiring March 1, 2020. HARNETT COUNTY LIBRARY BOARD OF TRUSTEES Dr. Carol Simonson (nominated by Vice Chairman MilJer) was appointed to serve on this Board for a term of three years expiring February 28, 2020 JOHNSTON-LEE-HARNETT COMMUNITY ACTION BOARD OF DIRECTORS Ursela McLean (nominated by Vice Chairman Miller) was re-appointed to serve on this Board for a term of two years expiring February 28, 2019. Mr. Jeffries petitioned the Board for a public hearing regarding consideration of a resolution to approve the terms of the Asset Purchase Agreement by and between the County and KAH Development 12, LLC, an affiliate of Kindred Healthcare, Inc. If approved, the Asset Purchase Agreement will effectively sell substantially all of the assets used in the operation of Harnett County Home Health to Kindred. Mr. Jeffries said, if approved, they hope to close on February 28, 2017. Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman Springle closed the public hearing. February 20, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 6 030617 HC BOC Page 4 Commissioner McKoy moved to approve a resolution to approve the terms of the Asset Purchase Agreement by and between the County and KAH Development 12, LLC, an affiliate of Kindred Healthcare, Inc. Vice Chairman Mi1ler seconded the motion, which passed unanimously. (Attachment 4) Development Services Director Mark Locklear petitioned the Board for a public hearing regarding the proposed rezoning of 15.9 acres from RA-20R to Industrial, Case# RZ-17-05, Landowner/Applicant: Judy N. Parrish/ Wayne Underwood; 22 +/-acres (consisting of two parcels, less the conservation areas); Pin #0548-67-9804.000 & 0548-67-8393.000; From RA- 20R to Industrial; NC Hwy 210 South; Lillington Township. Mr. Locklear reported that on February 6, 2017 the Hamett County Planning Board voted unanimously (3-0) to recommend approval of application based on the requested zoning district being similar in nature to neighboring uses. He stated this parcel is currently being used for agricultural purposes and surrounding land uses consist of single-family residences, vacant/undeveloped land, agricultural uses, as well as a large rock quarry across the street. Hamett County water and sewer are available. Mr. Locklear stated the Hamett County Economic Development Department staff reviewed the application and offered the follow: With this site being located along Hwy 210, and long-rime existing rock quarry operating across in close proximity, this portrays as a reasonable request; and Hwy 210 improvements exit in front of the quarry, and NCDOT should require improvements in front of this site as well; and The adjoining Melton property has been for sale for years. The possibility of similar industrial developments on this tract could exist due to the large size of the tract that is also on both sides of Hwy 210. Mr. Locklear stated staffs evaluation as: The IMP ACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The impact to the surrounding community is reasonable, as the requested zoning district is similar in nature to neighboring uses. The requested zoning district is NOT COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning to Industrial is not compatible with the land use classifications of Agricultural & Rural Residential. However, as per the existing plan, the definition of this category states that these areas typically lack utility and transportation infrastructure, two characteristics that this site does have. Therefore, parcels immediately adjacent to major thoroughfares that also have access to public sewer and are within this land use classification shall be studied during the next Land Use Plan update, to comply with the existing uses & lot sizes. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested rezoning to Industrial would maintain the public health, safety, and general welfare due to neighboring uses, as well as potential site improvements when the site is developed. February 20, 2017 Regular Meeting Minutes Hamett County Board of Commissioners Page 4 of 6 030617 HC BOC Page 5 This request is NOT for a SMALL SCALE REZONING and should not be evaluated for reasonableness. REASONING: Due to the size of the parcel, this application does not need to be evaluated for a Small Scale Rezoning. Suggested Statement-of-Consistency: Staff concludes that the requested rezoning to Industrial is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community for the reasons state in the evaluation. It is recommended that this rezoning request be approved. Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. Cris Nystrom of391 Center Lane in Bunnlevel spoke in favor of the proposed rezoning. Billy Turnage of Erwin, father-in-law of the applicant, spoke in favor of the proposed rezorung. Seeing no one else move, Chairman Springle closed the public hearing. Vice Chairman Miller moved to approve the proposed rezoning as presented. Commissioner Penny seconded the motion, which passed unanimously. Mr. Jeffries petitioned the Board for a public hearing regarding the Board's intent to approve the North Carolina Department of Transportation's recommendation to partially abandon from the State's Secondary Road System the public road 0.36 mile portion of SR 2072 (McNeill-Hobbs Road) from 628' ± southeast of the intersection with North Carolina Highway 210 to 1882' ± southeast of the intersection with North Carolina Highway 210 located in the Township of Stewart's Creek, Harnett County, North Carolina. Chairman Springle called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman Springle closed the public hearing. Commissioner Elmore moved to approve the Resolution to Partially Abandon a Public Road. Commissioner McKoy seconded the motion, which passed unanimously. (Attachment 5) Mr. Jeffries presented the following reports: Public Health Activities Summary -January 2017 Interdepartmental Budget Amendments Chairman Springle called for any new business. Vice Chairman Miller said he has talked to Sheriff Coats regarding litter in the county. He said he believes the Board needs to adopt a resolution to see if they can't get the roads cleaned up. Vice Chairman Miller said we need to talk to District Attorney Vernon Stewart; people caught littering should be fined or required to do community service cleaning roadsides. He also suggested those with DWis with community service and weekenders in the jail should clean roadsides. Mr. Jeffries responded that Solid Waste and the Sheriff's Office staff have been discussing a second environmental officer that they will bring to the Board in the near future. Mr. Jeffries will also discuss this issue with Mr. Stewart. Commissioners expressed their gratitude to NCDOT for their recent update regarding roads in the county as well as continued maintenance and repairs. February 20, 2017 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 6 030617 HC BOC Page 6 Vice Chairman Miller moved that the Board go into closed session for the following purposes: 1) To discuss matters relating to the location or expansion of industries or other businesses in the area served by the Hamett County Board of Commissioners; and 2) To discuss certain personnel matters. This motion is made pursuant to N.C. General Statute Section 143-318.1 l(a)(4)&(6). Commissioner Elmore seconded the motion, which passed unanimously. Vice Chairman Miller moved that the Board come out of closed session. Commissioner Penny seconded the motion, which passed unanimously. Commissioner Elmore moved to adjourn the meeting at 8: 17 pm. Commissioner McKoy seconded the motion, which passed unanimously . Gordon Springle, Chairman Margaret Regina Wheeler, Clerk February 20, 2017 Regular Meeting Minutes Hamett County Board of C ommissioners Page 6 of 6 030617 HC BOC Page 7 Al l ALHlVU.l~ 1 I ,-.... -· - . · - - · · - - ~ 'Approve~ b y t h 6 · 1 - f & r n a t t · ) < ; . , , C.£11,nty Bo a r d ~ f C o m m • 1 ' ~ i o n o 1 - : . 'ir ( ~ 4 ~ ~ Date: 02/20/2017 C ( f ' I ( To: Harnett County Board of Commiss i o n e r s Board Report Re: Consideration of Refund for Taxes, I n t e r e s t a n d P e n a l i t i e s f o r a l l M u n c i p a l i t i e s Adjustment Reason Military Exempt Property Adjustment BOE and review dee Adjustment S. Keith Faulkner Tax Administrator Bill Num b e r 0002255 9 6 4 - 2 0 1 6 - 2 0 1 3 - 0 0 0 0 - 0 1 0000031 9 7 1 - 2 0 1 6 - 2 0 1 6 - 0 0 0 0 - 0 0 0000030 4 5 6 - 2 0 1 6 - 2 0 1 6 - 0 0 0 0 - 0 0 0000053 6 0 1 - 2 0 1 6 - 2 0 1 6 - 0 0 0 0 - 0 0 0002177 5 1 3 - 2 0 1 6 - 2 0 1 6 - 0 0 0 0 - 0 0 T y p e R e c e i v e d A m o u n t R M V $ 2 1 9 . 0 3 R E I $ 5 . 0 8 R E I $ 1 9 4 . 1 5 R E I $ 2 , 7 9 6 . 6 4 I N D $ 2 1 . 2 9 A p p r o v e d 1 - l C & > C : ; - J . o - 1 7 R e f u n d A m o u n t N a m e $ 2 1 9 . 0 3 L E S C H , s c o n D $ 5 . 0 8 L O W D E R M I L K , S H I R L E Y S $ 8 9 . 8 5 L A S H M I T , J E R R Y S $ 2 2 6 . 7 3 T H O M A S , B R O T H I E T I L L M A N J R $ 1 5 . 7 7 C A R N A H A N , J E R R Y L E E > - 3 - 3 > n = ~ ~ 2 ! - 3 . . . . 0 3 0 6 1 7 H C B O C P a g e 8 ATTACHMENT 2 ~:~Harnett C~r_; :-:-:O~R0~TH-u"'.'""CA--~"'.'""OL-~"."'.""N!-------------------------h--- www. arnett.org RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS TO PLACE A PUBLIC ROAD ON THE STATE'S SECONDARY ROAD SYSTEM WHEREAS, the laws of the State of North Carolina, and in particular North Carolina General Statute 136-63, authorizes the Harnett County Board of County Commissioners, on its own motion or on petition of a group of citizens, to submit a request to the North Carolina Department of Transportation to change any road in the secondary system when the best interest of the people of the county will be served thereby; WHEREAS, the North Carolina Department of Transportation, upon petition, investigated and recommended the addition of the below referenced relocated public road to the State's Secondary Road System; WHEREAS, the provisions of North Carolina law require that a resolution be adopted by the Board of Commissioners to concur in the recommendation to place the relocated public road on the State 's Secondary Road system; and WHEREAS, said Board examined the North Carolina Department of Transportation 's findings and believes it is in the best interest of the people of the County to accept the Department's recommendation. NOW, THEREFORE, be it resolved that the Harnett County Board of Commissioners approves the North Carolina Department of Transportation's recommendation to place on the State 's Secondary Road System the relocated portion of SR 2072 (McNeill-Hobbs Road) located in the Township of Stewart's Creek, Hamett County, North Carolina which is more specifically shown on the attached Exhibit A. 2017. Duly adopted by the Hamett County Board of Commissioners this 20th day of February, HARNETT COUNTY BOARD OF COMMISSIONERS Attest: strong root s • new growth 030617 HC BOC Page 9 ex : I - I co J: X w 82 0 1 6 • P l 4 ' Ov . N l : R ' S Cl : l l n f 1 C A 7F N ' ~ . . . . . . . C I D t . U " ' - ' f M' \ A I I I D . . . ~ · o a i c D f f N ~ M 4 A . , , , , . . . , , , A f f ' I C ' 0 , . . - - . M e 4 u a c . D • , . _ N ' . . . . . . . 11 W .u n D I I C 1 J Q t ' a, HN W r T f CI U n T MC I l' I J U Y '1 1 1 1 1 . Y O l ! D O I D M J . ~ .. . - . 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W A A T S Cl ! B E I C 1W P . , IW ! M 1 I T CO , HO R TH CU ! O U N A -- - fT I / U ) wa u c CO M > L £ T E D 1U H B . 20 1 6 - "" "" " " ' - :o.''\;111 1 111,,,,,,,,. .~~~t--{ /~';;~\ \ i \ L-4 5" i :i '%.~·~Jk/ ,:J!:,rw=. ,,,,~E Y~~,;,• H WWW t 41A 111 '1111111ll\\\' -·--,w: ID-Mlll l l c « - t: f l . C I W 5 0 ( Me o d o w l c w : f °" ' 4 ~ N C 2 7 2 7 a - & 5 1 Vc i i l c 9 · ( 9 1 t , 1 l J . - . . S FG C : f " 1 t ) 7 3 2 1 ' 1 ' -- - Executed PAOJECTNO . 14-0130 .010 """"'"° 14-0t30_R·W.DWG ltaT 2 Oll":1 030617 HC BOC Page 11 ATTACHMENT 3 ~~~Harnett r ~r.~ -0-R-~-H-~-A-~-OL-~-N Y_A------------------------------ RESOLUTION ADOPTING THE COMPREHENSIVE TRANSPORTATION PLAN FOR HARNETT COUNTY, NORTH CAROLINA www.harnettorg The following resolution was offered by Commissioner ilie ffl,'/le r . seconded by Commissioner l:to,.>QriA. Pe O'O'{ , and, upon being put to a vote, was carried unanimously on the 20th day of February, 2017. WHEREAS, the County of Harnett, Town of Angier, Town of Dunn, Town of Erwin, Town of Lillington , Mid-Carolina Rural Planning Organization and Transportation Planning Branch of the North Carolina Department of Transportation have actively worked to develop a transportation plan for Harnett County; and WHEREAS , the County of Harnett and the Department of Transportation are directed by North Carolina General Statutes 136-66.2 to reach agreement for a transportation system that will serve present and anticipated volumes of traffic in and around town; and WHEREAS, it is recognized that the proper movement of traffic within and through the County of Harnett is a highly desirable element of the comprehensive plan for orderly growth and development of the town; and WHEREAS , after full study of the plan and the supporting documents presented, the Board of Commissioner of the County of Harnett feels it to be in the best interests of the County of Hamett to adopt a plan pursuant to NCGS 136-66.2; NOW THEREFORE BE IT RESOLVED that the Board of Commissioners of the County of Harnett hereby adopts the portion of the Harnett County Comprehensive Transportation Plan that is within its planning jurisdiction and endorses the remainder of the plan. This plan should serve as a guide in the development of the transportation system in Hamett County and the same is hereby recommended to the North Carolina Department of Transportation for its subsequent adoption. ATTEST: strong roots • new growth 030617 HC BOC Page 12 ATTACHMENT 4 f:~:;JHarnett ~~rr · C O U N T Y _.,Ji;, _.L...,.;. N.;.O_R..;;T_H_C_A_R_O_LI_N..;A ________ R_e_s_o_Ju_ti_" o_n_s_o_f_t_b_e ____________________ _ www.harnett.org Harnett County Board of Commissioners February 20, 2017 The following Resolutions were duly adopted by the Harnett County Board of Commissioners (the "Board"), the governing body of the County of Hamett (the "County"), in a du]y ca11ed regular meeting on February 20, 2017. WHEREAS, the County cuITently owns certain assets, which assets are associated with and utilized in the operation of Harnett County Home Health (the "Agency"); WHEREAS, N.C. Gen. Stat. §131E-13 provides that if the County leases, sells, or conveys the Agency, or part thereof, the procedural requirements ofN.C. Gen. Stat. § 131E-I3(d) shall apply; WHEREAS, the Board has carefully studied the future needs of the Agency and has held public bearings and obtained public comment on the present and future needs of the Agency in accordance with the requirements ofN.C. Gen. Stat. § 13 lE-13( d); WHEREAS, the Board has substantially complied with the requirements of N.C. Gen. Stat. §131E-13(d)(l) through (6) and has: (i) at a regular meeting more than sixty (60) days prior to the date hereof, adopted a resolution declaring the intent of the County to sell the Agency (the "Resolution of Intent"); (ii) at said meeting, requested proposals for the sale of the Agency by direct solicitation of at least five (5) prospective purchasers; (iii) conducted a public hearing on the Resolution of Intent; (iv) required information on charges, services, and indigent care at similar facilities owned and operated by each proponent; (v) conducted a public hearing on the proposals to purchase the Agency; and (vi) made copies of the proposals with respect to the Agency available to the public at least ten (10) days before the public hearing on said proposals; WHEREAS, Kindred Healthcare, Inc., which is experienced in the operation and management of home health and hospice agencies, submitted a proposal on behalf of itself and its affiliates to purchase substantially all of the assets used in the operation of the Agency (the "Assets"); WHEREAS, the terms and conditions of the proposed sale of the Assets to KAH Development 12, L.L.C., a Delaware limited liability company that is affiliated with Kindred Healthcare, Inc., have been reduced to writing in the form of an Asset Purchase Agreement by and between the County and KAH Development 12, L.L.C. (the "Asset Purchase Agreement"), the form of which is attached hereto as Exhibit A; WHEREAS, at least ten (10) days before this meeting, the County made copies of the Asset Purchase Agreement available to the public in accordance with the requirements of N.C. Gen. Stat. § 13 lE-13( d)(8) and a legal notice of this regular meeting of the Board was published in accordance with the requirements of N.C. Gen. Stat. § l 3 IE-13( d)(7); and WHEREAS, in accordance with the requirements of N.C. Gen. Stat. § l 3 IE-13( d)(7), after considering whether the sale of the Assets to KAH Development 12, L.L.C., in accordance with the provisions of this Resolution, will meet the health-related needs of medically underserved groups, such as low income persons, racial and ethnic minorities, and handicapped persons, the Board finds that the sale of the A ssets is in the public interest. strong roots • new growth I I I I I I ' i I I 030617 HC BOC Page 13 NOW, THEREFORE, be it resolved that in accordance with N.C. Gen. Stat. § I 3 lE- 13 ( d), the Board hereby authorizes, on behalf of the County, the following actions: 1. The County Manager to execute, on behalf of the County, the Asset Purchase Agreement and any other agreements, certificates, documents, and instruments to be executed by the County in connection with the Asset Purchase Agreement, including, without limitation, the Bill of Sale and Assignment, the Restricted Fund Agreement, the Assignment and Assumption Agreement, and the Medical Director Custodian Agreements in substantially the form presented to and approved by the Board; 2. The County Finance Officer to execute, on behalf of the County, the Asset Purchase Agreement, and to establish a restricted fund within the County's main operating account for the purposes of setting aside funds to secure the indemnification obligations of the County pursuant to the tenns of the Asset Purchase Agreement; and 3. The County Manager and Chairman of the Board to take such other and further actions as may be necessary to conclude and implement the transaction described in this Resolution. BOARD OF 2 I I I I I I i I I i I I l j 030617 HC BOC Page 14 EXHIBITA ASSET PURCHASE AGREEMENT 030617 HC BOC Page 15 ASSET PURCHASE AGREEMENT TIDS ASSET PURCHASE AGREEMENT (this "Agreement") is entered into as of the _ day of February, 2017 (the "Effective Date"), by and between THE COUNTY OF HARNETT, a body corporate and politic authorized by the laws of North Carolina C'Seller"), and KAH DEVELOPMENT 12, L.L.C., a Delaware limited liability company ("Purchaser"). BACKGROUND AND PURPOSE Seller is licensed by the North Carolina Department of Health and Human Services ("NCDHHS") Division of Health Service Regulation, to provide home care services, including, without limitation, Medicare-certified home health services, pursuant to License Number HC0503 (the ''NC License") in Harnett County, North Carolina Purchaser is duly authorized to do business in the State of North Carolina, and Seller desires to sell substantially all of its assets relating to the provision of the services cunently provided by Seller, to Purchaser, and Purchaser has agreed to purchase the same on and subject to the terms and conditions of this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below, Seller and Purchaser agree as follows: 1. Sale and Transfer of Assets. In compliance with the terms of N .C . Gen. Stat. §131E-13, and subject to the terms and conditions of this Agreement, Seller shall sell, and Purchaser shall purchase for the consideration set forth herein, substantially all of the assets · related to Seller's home health agency (the "Business"), other than the Excluded Assets (defined below), but otherwise including, without limitation, all of the property described as follows (collectively, the "Assets"): (a) All of Seller's right, title, and interest in and to those certain medical records of the active clients of the Business (the "Clients") existing as of the Closing Date (defined below), as described in that certain Medical Record Custodian Agreement, in substantially the form attached hereto as Exhibit A. designating Purchaser as custodian, including paper records and eleGtronic records (together, the "Client Records"), subject to the rights of the Clients to authorize the transfer of the Client Records, the Clients' right of access to the information contained in their records, if applicable, and subject to all privacy and confidentiality requirements imposed by state or federal law or regulation; (b) Subject to any required consents or approvals, as applicable, and to the extent assignable, the certificate of need ( or equivalent), all governmental provider numbers and payor agreements required to operate the Business, including, but not limited to, Seller's Medicaid provider agreement with the NCDHHS Division of Medical Assistance, as such agreement relates to Medicaid Provider Number 340-7089, Seller's Medicare provider agreement with the Centers for Medicare & Medicaid Services ("CMS"), as such agreement relates to Medicare Provider Number 34-7089 ("Seller's Medicaid/Medicare Numbers"), Seller's National Provider Identification (''NPI") number 1174520803 ("Seller 's NPI Number")(collectively, "Seller's Provider Numbers and Agreements"), and other intangible I I I I J 030617 HC BOC Page 16 rights of Seller necessary to operate the Business, in each case to the extent transferable to Purchaser; (c) All inventory on hand and in-stock home health medical and office supplies used in the operation of the Business; ( d) All prospective client mailing lists, subscriber and advertiser lists, subscriptions, processes, inventory records, budgets, and supplier records of Seller used in or relating to the Business; (e) All advertising, editorial, marketing, promotional, and ancillary materials u sed in or related to the Business; (f) The intellectual property of Seller used in the operation of the Business and identified on Schedule l(f) attached hereto; (g) Any and all of Seller's goodwill in, and go~g concern value of, the Business and the Assets; (h) All of Seller's rights under the contracts identified on Schedule l(h) attached hereto (collectively, the "Assigned Contracts"); and (i) All of Seller's right, title and interest in and to the employment records with respect to the Transferred Employees. Notwithstanding the foregoing, the transfer of the Assets pursuant to this Agreement will not include the assumption of any liability or obligation in respect thereof. The Assets shall not include those items set forth on Schedule lA (collectively, the "Excluded Assets"). 2. Requirements of Sale. To the extent required by N.C. Gen. Stat. § 131E-13(a), following the Effective Time (as defined b elow), and for so long as Purchaser operates the Business, and N.C. Gen. Stat. §131E-13 is not amended or deleted to permit the termination of the obligations set forth below as to this transaction, Purchaser shall: (a) Continue to provide the same or similar home health and related services, which Seller is licensed to provide prior to the Closing Date, to individuals in need of such services; (b) Ensure that indigent care is available to the population of the area served by the Business at levels related to need, as previously demonstrated and determined mutually by Seller and Purchaser; (c) Not enact fmancial admission policies that have the effect of denying essential medical services or treatment solely because of a patient's immediate inability to p ay for the services or treatment; 2 I j I I I 1 / 1 I 030617 HC BOC Page 17 (d) Ensure that admission to and services of the Business are available to beneficiaries of governmental reimbursement programs (Medicaid/Medicare) without discrimination; and (e) Prepare an annual report that shows compliance with the requirements of this Section 2, which report shall be sent in accordance with Section 31 of this Agreement. The report shall provide a brief summary description of the type of home health services provided in such fiscal year. Subject to patient confidentiality requirements, the report shall indicate the total number of patients served by the Business in such fiscal year, and the level of indigent care provided. In the event Purchaser fails to substantially comply with these conditions, or if it fails to operate the Business free of discrimination based on race, creed, color, sex, or national origin unless relieved of this responsibility by operation of law, or if Purchaser dissolves without a successor corporation to carry out the terms and conditions of this Agreement, then all ownership and other rights in the Business, including the Assets associated with the Business, shall revert to Seller, subject to the provisions of Section 3; provided that any building, land, or equipment associated with the Business that Purchaser has constructed or acquired after the Effective Time may revert only upon payment to Purchaser of a sum equal to the cost less depreciation of such building, land, or equipment. 3. Reversion Procedures. (a) If Seller believes that Purchaser has failed to substantially comply with the conditions listed in Section 2 above, Seller shall provide Purchaser written notice outlining the nature of such failure. Purchaser shall have ninety (90) days to cure such non-compiiance and/or to develop a plan to remediate any such non-compliance prospectively. (b) The parties to this Agreement shall attempt in good faith to promptly resolve any dispute or disagreement regarding the existence of substantial non-compliance, the adequacy of a cure of such non-compliance, or the adequacy of the remediation plan that cannot be settled by mutual agreement, by confidential mediation in accordance with the Code of Ethics & Rules of Procedure for mediation by the American Health Lawyers Association ("AHLA") in effect on the date of this Agreement, before resorting to litigation. (c) Any dispute or disagreement regarding the existence of substantial non- compliance, the adequacy of a cure of such non-compliance, or the adequacy of the remediation plan that cannot be settled by mutual agreement or by mediation shall be settled by arbitration by AHLA. Each party shall be responsible for its own attorneys' fees and such other costs and expenses incurred related to the arbitration proceedings, except to the extent the applicable substantive law specifically provides otherwise. 4. Disclaimer of Warranties. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PURCHASER ACKNOWLEDGES THAT SELLER HAS MADE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE ASSETS (INCLUDING, WITHOUT LIMITATION, THE INCOME TO BE DERIVE D THEREFROM OR EXPENSES TO BE INCURRED WITH RESPECT THERETO). SELLER MAKES NO 3 030617 HC BOC Page 18 REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE BUSINESS OTHER THAN THOSE EXPRESSLY SET FORTH IN THIS AGREEMENT. 5. Accounts Receivable; Certain Receipts by Purchaser and Seller. (a) All deposit payments by Medicare, Medicaid, and other state and federal healthcare programs for services relating to the operation of the Business are deposited into Seller's main operating account (the "Account"). As of the Effective Time and continuing until the issuance of the Tie-In Notice (the "Transition Period"), Seller and Purchaser shall work together to ensure Purchaser receives all amounts deposited into the Account that relate to post- Effective Time services. (b) Inasmuch as the Business provides certain services that are reimbursed based upon "episodes of care,, which generally span sixty (60) days (each, an "Episode of Care"), the parties acknowledge that the Business has received prior to Closing, and will receive after the Closing, aggregated payments (as aggregated, an ''Episodic Payment'') with respect to Episodes of Care that are open as of the Effective Time (that is, the Episode of Care will have commenced but will not have been completed as of the Effective Time). With respect to each such Episodic Payment, the parties acknowledge that (i) the portion of such Episodic Payment that is attributable to services rendered prior to the Effective Time will belong to Seller and (ii) the portion of such Episodic Payment that is attributable to services rendered after the Effective Time will belong to Purchaser, calculated as set forth below. (c) On a monthly basis after the Closing Date, Seller shall conduct a reconciliation with respect to all Episodes of Care that concluded during the preceding month and for which all aggregate Episodic Payments (including up-front RAP payments and any end- of-episode or other reconciliation payments) have been received. In conducting such reconciliation, Seller shall utilize the final remittance advice and other documentation provided by the applicable payor. The portion of each Episodic Payment attributable to services provided by Purchaser after the Effective Time will be calculated by (i) determining the per day reimbursement for the Episode of Care by dividing the aggregate Episodic Payment for such Episode of Care by the number of days (normally sixty (60) days) in such Episode of Care (such rate, the "Per Diem Rate") and (ii) multiplying the Per Diem Rate by the number of days between the Closing Date and the last day in such Episode of Care ( counting the day upon which the Effective Time falls as the first day and the last day of the Episode of Care as the last day). (d) Within ten (10) business days following completion of the reconciliation described in Section 5( c ), Seller shall remit to Purchaser, by electronic funds transfer, those portions of the applicable Episodic Payments that are attributable to post-Effective Time services. Seller shall also provide Purchaser with supporting documentation of such amounts remitted with respect to post-Effective Time services. In the event that Purchaser has reasonable evidence to support its belief that any amount remitted is incorrect, Purchaser shall contact Seller's designated representative as soon as reasonably practicable, and Seller and Purchaser shall conduct a meeting (via telephone) to discuss the discrepancy. Upon reaching mutual agreement regarding the amount owed, within five (5) business days Seller shall send via electronic funds transfer the funds to Purchaser in the agreed upon amount. 4 I l I I I ! 030617 HC BOC Page 19 (e) On a monthly basis following issuance of the Tie-In Notice, in the event that Purchaser receives any Episodic Payment a portion of which is attributable to pre-Effective Time services, Purchaser shall conduct a reconciliation. In conducting such reconciliation, Purchaser shall utilize the final remittance advice and other documentation provided by the applicable payor. The portion of each Episodic Payment attributable to services provided by Seller prior to the Effective Time will be calculated by (i) detennining the per day reimbursement for the Episode of Care by dividing the aggregate Episodic Payment .for such Episode of Care by the number of days (nonnally sixty (60) days) in such Episode of Care (the "Seller Per Diem Rate") and (ii) multiplying the Seller Per Diem Rate by the number of days between the first day of the Episode of Care and the Closing Date ( counting the first day of the Episode of Care as the first day and the Closing Date as the last day). (t) Within ten (10) business days following completion of the reconciliation described in Section 5(e), Purchaser shall remit to Seller, by electronic funds transfer, those portions of the applicable Episodic Payments that are attributable to pre-Effective Time services. Purchaser shall also provide Seller with supporting documentation of such amounts remitted with respect to pre-Effective Time services. In the event that Seller has reasonable evidence to support its belief that any amount remitted is incorrect, Seller shall contact Purchaser's designated representative as soon as reasonably practicable, and Seller and Purchaser shall conduct a meeting (via telephone) to discuss the discrepancy. Upon reaching mutual agreement regarding the amount owed, within five (5) business days Purchaser shall send via electronic funds transfer the funds to Seller in the agreed to amount. (g) Within a reasonable time following the other party's request, each party shall make available to the other party all bank records related to such party's bank account into which Episodic Payments and other payments for services are deposited in order to permit each party to confirm the other party's compliance with the foregoing obligations. 6. Purchase Price. In consideration of the sale and transfer of the Assets, Purchaser shall pay, as provided in Section 9 below, the sum of Two Million Dollars ($2,000,000.00) (the "Purchase Price"), which shall be paid in cash or immediately available funds to Seller as set forth below. Seller shall establish a restricted fund balance account in the amount of Two Hundred Thousand Dollars ($200,000.00) from either: (a) existing cash reserves of Seller; or (b) a portion of the transaction proceeds (the "Restricted Fund Balance Account"), for the purpose of securing the indemnification obligations of Seller, as set forth in Section 24 of this Agreement. The Restricted Fund Balance Account shall be maintained for twenty-four (24) months to secure such obligations, provided, however, on the twelfth (12) month anniversary of the Closing, the balance of the Restricted Fund Balance Account shall be reduced to an amount equal to One Hundred Thousand Dollars ($100,000 .00) less any paid or pending claims. The parties shall enter into a "Restricted Fund Agreement," in substantially the form attached hereto as Exhibit B, which sets forth the terms related to the Restricted Fund Balance Account. 7. Closing. The closing of the transactions contemplated under this Agreement (the "Closing") shall be held on February 28, 2017, following the satisfaction or waiver of all closing conditions set forth in Sections 20 and 21 below, or at such later date and/or at such other place as the parties may mutually agree (the "Closing Date"), effective as of 12:01 a.m. (EST time) on 5 I I I I I I I 030617 HC BOC Page 20 March 1, 2017, or such other date and time as the parties may mutually designate in writing (the "Effective Time"). 8. SeJier's Closing Obligations. In addition to any other documents to be delivered under other provisions of this Agreement, at the Closing, Seller shall deliver to Purchaser: (a) an executed Bill of Sale and Assignment (the "Bill of Sale"), in substantially the form attached hereto as Exhibit C, conveying, as of the Effective Time, the Assets to Purchaser, free and clear of all claims, liabilities, obligations, liens, charges, security interests, and encumbrances; (b) a certificate executed by an officer of Seller certifying as to the accuracy of its representations and warranties herein as of the Effective Date and as of the Closing, and as to Seller's compliance with and performance of its covenants and obligations to be performed or complied with at or before the Closing; (c) updated versions of the patient lists referred to in Section 5(f); ( d) copies of all consents required to be obtained by Seller in connection with the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby as required to be disclosed in Schedule 18(c); (e) an Assignment and Assumption Agreement (the "Assignment and Assumption Agreement") in substantially the form attached hereto as Exhibit D, by and between Seller and Purchaser and executed by Seller; (g) the Medical Records Custodian Agreement executed by Seller; and (h) the Restricted Fund Agreement executed by Seller and documentation of the establishment and funding of the Restricted Fund Balance Account. 9. Purchaser's Closing Obligations. In addition to any other documents to be delivered under other provisions of this Agreement, at the Closing, Purchaser shall deliver to Seller: (a) the Purchase Price by wire transfer to Seller; (b) a certificate executed by an officer of Purchaser certifying as to the accuracy of its representations and warranties as of the date of this Agreement and as of the Closing, and as to Purchaser's compliance with and performance of its covenants and obligations to be performed or complied with at or before the Closing; (c) the Assignment and Assumption Agreement executed by Purchaser; ( d) the Medical Records Custodian Agreement executed by Purchaser; and (e) the Restricted Fund Agreement executed by Purchaser. 6 I I i I I I : i i l I I I 030617 HC BOC Page 21 10. Additional Documents. From time to time, whether at or after the Closing and without further consideration, the parties shall execute and deliver such further instruments of conveyance and transfer and take such further action as they may reasonably request in order to convey and transfer the Assets . Purchaser and Seller each shall reasonably cooperate with the other in the timely completion of the documentation contemplated by this Agreement, as well as the other requirements of this Agreement, including such matters that may arise following the Closing . 11 . Liabilities. Purchaser shall assume from Seller only those liabilities or obligations of Seller arising following the Effective Time under the Assigned Contracts that are effectively assigned to Purchaser hereunder (but specifically excluding all obligations or liabilities arising from any default, breach or violation of any such Assigned Contract occurring prior to the Closing Date, whether occurring as a result of the transactions contemplated by this Agreement or otherwise) (collectively, the "Assumed Liabilities"), and no other liabilities or obligations . Except for the Assumed Liabilities, all liabilities or obligations of Seller, known and unknown, and all liabilities or obligations relating to or arising out of the Business, including, but not limited to, (a) any liabilities or obligations associated with amounts payable to or by Seller, (b) any liabilities or obligations of Seller incurred or accrued with respect to periods, or relating to events occurring prior to the Effective Time arising under the terms of the Medicare, Medicaid, VA, or any other third-party payor programs, or (c) any liabilities or obligations of Seller incurred or accrued, or relating to Seller's operation of the Business prior to the Effective Time are referred to as the "Retained Liabilities." All of the Retained Liabilities will remain the sole responsibility of and will be retained, paid, performed, and discharged solely by Seller, and Seller shall indemnify and hold Purchaser harmless from all Retained Liabilities. Seller shall retaih and discharge in the ordinary course all obligations of Seller, regardless of whether Purchaser provides Seller with any assistance in Seller's discharge of those liabilities and obligations . 12. Seller's Provider Numbers and Agreements . To the fullest extent permitted by law, Seller sells, assigns, and transfers to Purchaser, all right, title, benefit, privileges, and interest in, to, and under Seller's Provider Numbers and Agreements, each to the extent transferable. By virtue of the assignment and assumption of Seller's Provider Numbers and Agreements, following the Effective Time, Purchaser is entitled to full and exclusive use of Seller's Provider Numbers and Agreements. Notwithstanding the foregoing, Purchaser shall not assume or be deemed to have assumed and shall not be responsible for any liability or obligation of Seller under Seller's Provider Numbers and Agreements with respect to periods prior to the Closing Date. Purchaser shall be solely responsible for the operation by Purchaser of the Business on or after the Effective Time and for any liabilities of Purchaser or the Business which arise out of Purchaser's operation of the Business on or after the Effective Time, including those arising from the use of Seller's Provider Numbers and Agreements on or after the Effective Time . 13. Certain Covenants Regarding Medicare, Medicaid and Licensure Matters. (a) As soon as reasonably practical following the Closing (but not later than ten (10) business days following the Closing Date), Purchaser shall submit to CMS Form 855A for the assignment of Seller's Medicare provider number to Purchaser. Following the Closing, 7 i i 1 I i i l I 030617 HC BOC Page 22 Purchaser shall exercise all commercially reasonable efforts to diligently pursue the issuance of a tie-in notice by CMS assigning Seller's existing Medicare provider agreement and Medicare provider number with respect to the Business to Purchaser (the "Tie-In Notice"). Seller shall provide Purchaser with such assistance as Purchaser may reasonably request in connection with the approval of the CMS 855A and issuance of the Tie-In Notice. Except as set forth in Schedule IA, effective as of the Effective Time, Seller sells, assigns, and transfers to Purchaser, to the fullest extent permitted by Law, all right, title, benefit, privileges, and interest in, to, and under Seller's Medicare provider agreement with CMS, to the extent transferable, to Purchaser. Except as set forth in . Schedule lA, by virtue of the assignment and assumption of Seller's Medicare provider agreement and Medicare provider number, following the Effective Time, Purchaser is entitled to full and exclusive use of Seller's Medicare provider agreement. (b) Purchaser will file appropriate Medicaid enrolhnent forms with CSC Provider EVC Unit, NC Tracks Operations Center, to obtain the required approvals to participate as a Medicaid-approved home health provider in the North Carolina Medical Assistance Program. Following submission of such application, Purchaser shall exercise all commercially reasonable efforts to diligently pursue Medicaid approval status as a home health services provider in the North Carolina Medical Assistance program. Seller shall provide Purchaser with such assistance as Purchaser may reasonably request in connection with the approval of such assignment. (c) Purchaser has submitted to DHHS, Division of Health Service Regulation, Health Planning and Certificate of Need Section ("CON Section") a request for a determination that the transaction contemplated by this Agreement is exempt from certificate of need review. Purchaser shall provide Seller with copies of all correspondence to and from the CON Section related to such request (including a copy of such determination) promptly upon issuance or receipt. (d) Purchaser has submitted to DHHS, Division of Health Service Regulation, Acute and Home Care Licensure and Certification Section ("Acute and Home Care Section") an application for operation of the Business. Following submission of such application, Purchaser shall exercise all commercially reasonable efforts to diligently pursue the issuance of an approval of such application. Seller shall provide Purchaser with such assistance as Purchaser may reasonably request in connection with such application. 14. Employees. (a) Purchaser will offer each of the employees of Seller currently involved in the operation of the Business and listed in Schedule 14(a) attached hereto (sometimes referred to herein collectively as the "Employees") the opportunity to interview for at least one position with Purchaser. Such employees electing to interview will be provided an opportunity to submit information on his or her skills, experience and background, and will be evaluated in terms of Purchaser's standards of employment. Purchaser shall, subject to criminal background checks, drug screening, and current unencwnbered licensure standards (as applicable) conducted pursuant to Purchaser's personnel policies, offer employment to each of the Employees. Purchaser agrees to employ the Employees hired by Purchaser (subject to each such Employee's right to voluntarily terminate his or her employment and Purchaser's right to terminate his or her 8 i I I I I I l I 030617 HC BOC Page 23 employment for cause), under the same employment status (FT/PT/PRN) as such Employees are employed by Seller as of the Effective Date. The Employees shall have no obligation to accept employment with Purchaser. The Employees who are offered and accept new employment with Purchaser effective as of the Effective Time shall be referred to as the "Transferred Employees" and, upon becoming Transferred Employees and termination of their employment with Seller, shall cease to be employees of Seller. (b) Seller agrees to remain solely liable for all accrued benefits, including without limitation retirement benefits, health benefits, paid time off, and other employee benefits or liabilities attributable to the service of any Employee while he/she is an employee of Seller. From and after the Effective Time, Transferred Employees shall accrue paid time off under Purchaser's personal leave time ("PLT") policies, as then in effect; provided, however, Purchaser agrees to credit each Transferred Employee for his/her years of service to the Business prior to the Closing Date and to account for such years of service when detennining each Transferred Employee's eligibility for PLT. From and after the Effective Time, Seller shall be solely responsible for any and all benefit liability relating to or arising in connection with any applicable legal requirements to provide continuation of health care coverage to Employees and their covered dependents under any health care coverage plan maintained by Seller for the benefit of its Employees. (c) To ensure no lapse in coverage, from and after the Effective Time, Transferred Employees receiving medical benefits coverage under Seller's benefit plan(s) will be eligible to receive medical benefits coverage under Purchaser's benefit plan(s), subject to the terms and conditions of Purchaser's plan(s), including, without limitation, plan eligibility requirements. 15. Cost Report Matters. Seller shall timely prepare, execute, and file all Cost Reports for periods ending on the Closing Date or required as a result of the consummation of the transactions set forth herein, including terminating cost reports for the Medicare and the Medicaid programs (the "Terminating Cost Reports"). Seller will provide the fiscal intermediary or CMS with any information needed to support claims for reimbursement made by Seller either in the Terminating Cost Reports or in any cost reports filed for prior cost reporting periods, it being specifically understood and agreed that the intent and purpose of this provision is to ensure that the reimbursement paid to Purchaser after it becomes the licensed operator of the Business is not reduced or offset in any manner as a result of Seller's failure to timely file, or filing an inaccurate or incomplete, final cost report or supporting documentation with respect to any past reimbursement claims, including, but not limited to, those included in the Terminating Cost Reports . Purchaser shall, promptly after receipt by Purchaser, forward to Seller any demand for payments relating to government cost report settlements, Seller's cost reports, and/or any Seller cost report reopened prior to the Effective Time, but only to the extent such demand for payment relates to an Excluded Liability. Seller agrees to deliver to Purchaser a copy of any action, order, notice (including, any notice of program reimbursement), or other correspondence from the fiscal intermediary or CMS received by Seller relating to Seller's cost reports. 9 J I l I I I ! I 030617 HC BOC Page 24 16. Misdirected Payments. (a) Purchaser and Seller covenant and agree that Seller and Purchaser shall remit, with reasonable promptness, to the other any payments received, which payments are on or in respect of accounts or notes receivable owned by ( or are otherwise payable to) Seller or Purchaser, as applicable . Seller agrees to remit to Purchaser, within fifteen (15) days of receipt by Seller, any payments received by Seller for services rendered by Purchaser after the Effective Time, and Purchaser also agrees to remit to Seller, within fifteen (15) days of receipt by Purchaser, any payments received by Purchaser for the services rendered by Seller prior to the Effective Time. In addition, and without limitation, in the event of a determination by any governmental or third-party payor that payments to Seller for the Business resulted in an overpayment or other determination that funds previously paid by any program or plan to Seller for the Business must be repaid, Seller shall be responsible for repayment of said monies ( or defense of such actions) if such overpayment or other repayment determination was for the services rendered prior to the Effective Time and Purchaser shall be responsible for repayment of said monies ( or defense of such actions) if such overpayment or other repayment determination was for the services rendered after the Effective Time. (b) In the event that, following the Closing, Purchaser suffers any offsets against reimbursement under any third-party payor or reimbursement programs owed to Purchaser, relating to amounts owing under any such programs by Seller for the services rendered prior to the Effective Time, Seller shall within fifteen (15) days of receipt of a written demand from Purchaser pay to Purchaser the amounts so billed or offset. From the Effective Time to such date as CMS issues a tie-in notice to Purchaser with respect to the Business (the "Tie-In Notice"), Seller hereby grants Purchaser the right to submit claims, reports, documents and other information to CMS using Medicare Provider Number 34-7089 and other information, for the services provided to patients through the Business during such period, as necessary to receive payment for such services. Seller acknowledges and agrees that all such receivables arising from the services rendered after the Effective Time are the sole property of Purchaser. (c) In the event that, following the Closing, Seller suffers any offsets against reimbursement under any third-party payer or reimbursement programs owed to Seller, relating to amounts owing under any such programs by Purchaser or any of its affiliates for the services rendered after the Effective Time, Purchaser shall within fifteen (15) days of receipt of a written demand from Seller pay to Seller the amounts so billed or offset. 17. Notice to Clients. Prior to the Effective Time, Purchaser and Seller shall jointly notify the Clients of the transactions contemplated by this Agreement. Neither Purchaser nor Seller shall send any notices to the Clients regarding this transaction without the other party's approval as to the content and manner of such notice, which approval shall not be unreasonably witnheld, conditioned or delayed. 18. Representations and Warranties of Seller. To induce Purchaser to enter into this Agreement, Seller represents and warrants to Purchaser that (which representations and warranties are l imited only as they apply to Seller's operation of the Business or as they relate to the Assets): 10 030617 HC BOC Page 25 (a) Organization and Good Standing. Seller is a North Carolina body corporate and politic that has full power and authority to own the Assets and to carry on the Business as it is now being conducted, including the services provided by the Business. (b) Authority. Seller has full power, authority, and legal capacity to enter into this Agreement and to consummate the transactions contemplated hereby, and the execution, delivery, and performance of this Agreement (i) does not conflict with any provision contained in any agreement, instrument, judgment, order, or laws to which Seller is a party or by which Seller is bound, (ii) has been duly executed and delivered by Seller and constitutes a valid and legally binding obligation of Seller, enforceable in accordance with its terms, (iii) does not and will not violate any laws applicable to Seller, or orders, writs, or injunctions of the United States, or any state or other jurisdiction or any judgment, decree or order of any court or other judicial body specifically naming Seller, or require Seller to obtain any approval, consent or waiver of, or make any registration, declaration or filing with, or provide notice to, any individual, trustee, co1poration, limited liability company, general partnership, limited partnership, trust, unincorporated organization, business association, firm, joint venture, governmental agency or authority, or any similar entity ("Person"), and (iv) does not and will not result in a breach of, constitute a default under, accelerate any obligation under, require a consent under, or give rise to a right of termination or revocation of, any indenture or loan or credit agreement or any other contract, instrument, mortgage, lien, lease, permit, authorization, order, writ, judgment, injunction, decree, determination, or arbitration award to which Seller is a party or by which the property of Seller is bound or affected, or result in the creation or imposition of any liens on any of the Assets. · (c) Notices and Consents. Except as set forth in Schedule 18(c), Seller is not and will not be required to give any notice to or obtain any consent from any person in connection with the execution and delivery of this Agreement or the consummation or performance of the transactions contemplated hereby. All notices and consents set forth on Schedule 18(c) have been or shall have been obtained by the parties prior to the Closing Date. ( d) Changes in Representations and Warranties. All information of Seller furnished and to be furnished to Purchaser is and will be accurate as of the date thereof. None of the information contained in the representations and warranties of Seller set forth in this Agreement or in any of the exhibits, lists, documents, schedules, or other instruments delivered or to be delivered to Purchaser as contemplated by any provision of this Agreement, contains or will contain any untrue statement of material fact or omits or will omit a material fact necessary to make the statements contained herein or therein not misleading. (e) Assets. Seller owns and has good and marketable title to the Assets, free and clear of all obligations, charges, security interests, conditional sales contracts, leases, claims, encumbrances, and liens whatsoever. The Assets ( other than the Excluded Assets and the non- assignable licenses, permits and certifications) constitute all of the assets constituting, used or being held for use in the conduct of the Business as currently conducted. (f) Licenses, Authorizations and Provider Programs. Seller, with respect to the Business, is: (i) the holder of all valid licenses and other rights, permits, and authorizations required by any legal requirement or any governmental authority necessary to operate the 11 l I I ! I l I I j ! j j I / 1 i 030617 HC BOC Page 26 Business ( collectively the "Governmental Authorizations"), (ii) certified for participation and reimbursement under Titles XVIII and XIX of the Social Security Act (the "Medicare and Medicaid Programs") (The Medicare and Medicaid programs and such other similar federal, state, or local reimbursement or governmental programs for which Seller is eligible to receive payments on account of the services provided by the Business are hereinafter referred to collectively as the "Government Programs"), and (iii) the holder of current provider agreements for such Government Programs. Set forth on Schedule 18(f), as to the Business, is a correct and complete list of all such licenses, permits, and other authorizations, and provider agreements under all Government Programs, and each such license, permit, authorization, and agreement is valid and in full force and effect. (g) Account. Seller represents and warrants to Purchaser that Seller has directed the Government Programs to electronically deposit all payments owed by the Government Programs for the services provided by the Business into the Account, and Seller represents and warrants that the Government Programs do not (i) send any payments for the services provided by the Business to any other entity or person, or (ii) deposit (electronically or otherwise) any payments for goods and services provided by the Business into any bank account other than the Account. Seller agrees that it will not change, cause to be changed, or permit to be changed, the instructions to the Government Programs regarding payments to the Account. (h) No Conflict. Except as set forth in Schedule 18()1), neither the execution and delivery of this Agreement, nor the consummation of the transactions contemplated hereby will, directly or indirectly (with or without notice of lapse of time) (i) violate any constitution, statute, regulation, rule, injunction, judgment, order, decree, ruling, charge, or other restriction of any government, governmental agency, or court to which Seller is subject, or (ii) conflict with, result in a breach of, constitute a default under, result in the acceleration of, create in any party the right to accelerate, terminate, modify, or cancel, or require any notice under any agreement, contract, lease, license, instrument, or other arrangement to which Seller is a party or by which it is bound or to which any of its assets is subject. Other than as specifically set forth in this Agreement, Seller does not need to give any notice to, make any filing with, or obtain any authorization, consent, or approval of any government or governmental agency in order for the parties to consummate the transactions contemplated by this Agreement. (i) Litigation. There are no actions, suits, labor disputes or arbitrations, or legal or administrative proceedings or investigations pending against Seller for the operation of the Business, and no such actions or proceedings have been commenced within the last three (3) years . To best of Seller's knowledge, no such actions, suits, labor disputes or arbitrations, or legal or administrative proceedings or investigations are contemplated or threatened against Seller for the operation of the Business nor, to the best of Seller's lmowledge, is there any basis therefore. To best of Seller's lmowledge, no event bas occurred or circumstance exists that is reasonably likely to give rise to or serve as a basis for the commencement by any person of any action, suit, proceeding or investigation against Seller relating to the operation of the Business. (j) Compliance with Laws. Seller is in compliance with all applicable laws, statutes, ordinances, orders, judgments, decrees, injunctions, and rules and regulations ("Law" or "Laws") promulgated by any Governmental Entity which apply to Seller for the use of the Assets 12 i i j I / I I I I i I I I ; i I I I I I 030617 HC BOC Page 27 or for the conduct of the Business, and Seller has not received notice of a violation or alleged violation of any such Law. (k) Insurance. The Asset and property used in the operation of the Business, as well as employees of Seller are insured in a manner customary for a business similar to the Business, and all insurance policies and arrangements of Seller (which include general liability, professional liability, property, casualty, fire and workers' compensation insurance policies, and arrangements) are in full force and effect, all premiums due with respect thereto are currently paid, and Seller is in compliance in all material respects with the tenns thereof. Said insurance is adequate and customary for the Business and is sufficient for compliance by Seller with all requirements of Law and all contracts to which Seller is a party. Each such insurance policy shall continue to be in full force and effect immediately prior to Purchaser's purchase of the Assets. (l) Health Care Compliance. (i) Se1Jer is participating in or otherwise authorized to receive reimbursement from or is a party to agreements with the Government Programs. All necessary certifications and contracts required for participation in such programs are in full force and effect and have not been amended or otherwise modified, rescinded, revoked, or assigned as of the date hereof, and no condition exists or event has occurred which in itself or with the giving of notice or the lapse of time or both would result in the suspension, revocation, impainnent, forfeiture, exclusion, or non-renewal of any such programs. Seller has been and continues to be in compliance with the requirements of such program applicable thereto. Seller has neither billed nor received any payment or reimbursement from such programs in excess of amounts allowed by law. Seller has n ot received any notice of any pending or threaten ed governmental investigations or surveys. (ii) With respect to the Business, neither Seller nor any person providing services on behalf of Seller has engaged in any activities that are prohibited under any legal requirement including, but not limited to, 42 U.S.C. § l 320a-7b, 42 U.S .C. § 1395nn, or 31 U .S.C. §§ 3729-3733 (or other federal or state legal requirements related to false or fraudulent claims) or the regulations promulgated thereunder pursuant to such statutes, or related state or local legal requirements related to professional conduct. (iii) Seller has been and is currently in compliance with the applicable provisions of the Health Insurance Portability and Accountability Act of 1996, as amended by the HITECH Act of the American Recovery and Reinvestment Act of 2009 ("HIP AA") and its implementing regulations, including without limitation, the Standards for Electronic Transaction and Code Set (45 C.F.R. Parts 160 and 162), the Standards for Privacy of Individually Identifiable Health Information (45 C.F.R. Parts 160 and 164), the Security Standards for the Protection of Electronic Protected Health Infonnation (45 C .F.R. Parts 160 and 164) and such other regulations that may, from time to time, be promulgated thereunder. Seller has not received any notice from any governmental authority that such governmental authority has imposed or intends t o impose any enforcement actions, fmes or penalties for any failure or alleged failure to comply with HIP AA or its implementing regulations. 13 I I I i l I I I I I I I I I I i I I l I I 030617 HC BOC Page 28 (iv) Seller has no liabilities with respect to, and there are no claims against Seller by any customer, insurer or third party payor with respect to, overpayments made to Seller in connection with the operation of the Business. Seller is not aware of any pending or threatened claims against Seller by any customer, insurer or third party payor for overpayments in connection with the operation of the Business. Seller has no liabilities associated with any third party audits or denials by any third party payors in connection with the operation of the Business. (v) All of Seller's professional staff used in the operation of the Business are qualified and licensed to practice without restriction or limitation in such capacity in the State of North Carolina. (m) Indebtedness. With the exception of the Retained Liabilities, Seller will not have, as of Closing, any direct or indirect liabilities, indebtedness, obligations, penalties or debts (collectively, the "Indebtedness") related to the operation of the Business. The accounts payable were incurred in the ordinary course of business will be paid and satisfied by Seller, and Seller is not in default or late on any payable. (n) Satisfaction of Conditions. Seller promptly shall proceed to satisfy all conditions set forth in Section 20 below, and shall notify Purchaser upon Seller's discovery or belief that Seller will be unable to meet such conditions. ( o) Disclosure. The representations, warranties, and statements contained in this Agreement and in each other agreement executed and delivered pursuant hereto and in the certificates, Exhibits and Schedules delivered to Purchaser by Seller pursuant to this Agreement do not contain any untrue statement of a material fact, and, when taken together, do not omit to state a material fact required to be stated therein in order to make such representations, warranties, or statements not misleading in light of the circumstances under which they were made. 19. Representations of Purchaser. To induce Seller to enter into this Agreement, Purchaser represents and warrants to Seller that: (a) Organization and Good Standing. Purchaser is a limited liability company duly organized, validly existing, and authorized to transact business in the State of Delaware and in the State of North Carolina, with full power and authority to enter into this Agreement and to carry out the transactions contemplated hereby. (b) No Conflict. The execution, delivery, and performance of this Agreement does not conflict with any provision contained in the governing documents of Purchaser or with any provision of any agreement, instrument, judgment, order, or law to which Purchaser is a party or is subject or by which it is bound. This Agreement has been duly executed and delivered by Purchaser and constitutes a valid and legally binding obligation of Purchaser, enforceable in accordance with its terms . (c) Changes in Representations . All information of Purchaser furnished and to be furnished to Seller is and will be accurate as of the date thereof. None of the information contained in the representations and warranties of Purchaser set forth in this Agreement or in any 14 l I I I ! i I 1 I I I I I l J I 030617 HC BOC Page 29 of the exhibits, lists, documents, schedules, or other instruments delivered or to be delivered to Seller as contemplated by any provision of this Agreement, contains or will contain any untrue statement of material fact or omits or will omit a material fact necessary to make the statements contained herein or therein not misleading. ( d) Satisfaction of Conditions. PW'chaser promptly shall proceed to satisfy all conditions set forth in Section 21 below, and shall notify Seller upon Purchaser's discovery or belief that Purchaser will be unable to meet such conditions. 20. Conditions to Purchaser's Performance. The obligations of Purchaser under this Agreement shall be subject to each of the following conditions, any one or more of which may be waived by Purchaser: (a) All representations and warranties of Seller contained in this Agreement or in any other document delivered by Seller pursuant to this Agreement shall be true, correct, and complete on and as of the date when made and on and as of the Closing Date; (b) Seller shall have observed, kept, or performed all of the terms and conditions of this Agreement to be observed, kept, or performed by Seller; (c) Purchaser shall have received a determination by the CON Section, that Seller's sale, and Purchaser's acquisition, of the Assets is exempt from certificate of need review, and that such other licenses, permits, and authorizations required by law to operate the Business will be issued as of Closing, except for such licenses, permits, and authorizations that, due to the requirements of applicable law or regulation, Purchaser can obtain only after the Closing; and (d) Seller shall have delivered the documents and instruments required by Section 8. 21. Conditions to Seller's Performance. The obligations of Seller under this Agreement shall be subject to the following conditions, any one or more of which may be waived by Seller: (a) All representations and warranties of Purchaser contained in this Agreement or in any other document delivered by Purchaser pursuant to this Agreement shall be true, correct, and complete on or as of the date when made and on or as of the Closing, as if made on the Closing; (b) Purchaser shall have observed, kept, or performed all of the terms and conditions of this Agreement to be observed, kept, or performed by Purchaser; (c) Purchaser shall have paid the Purchase Price to Seller; and ( d) Purchaser shall have delivered the documents and instruments required by Section 9. 15 ! I J J I I I l I I I 030617 HC BOC Page 30 22. Termination. (a) Termination Events. By written notice given prior to or at the Closing, subject to Section 22(b ), this Agreement may be terminated as follows : (i) by Purchaser, in the event a material breach of this Agreement has been committed by Seller and such breach has not been cured within thirty (30) days by Seller or waived in writing by Purchaser; (ii) by Seller, in the event a material breach of this Agreement has been committed by Purchaser, and such breach has not been cured within thirty (30) days by Purchaser or waived in writing by Seller; (iii) by Purchaser, if the satisfaction of any of the conditions to Purchaser's obligation to close the transactions contemplated hereby as set forth in Section 20 becomes impossible ( other than through the failure of Purchaser to comply with its obligations under this Agreement), and Purchaser has not waived such condition in writing; (iv) by Seller, if the satisfaction of any of the conditions to Seller's obligation to close the transactions contemplated hereby as set forth in Section 21 becomes impossible ( other than through the failure of Seller to comply with its obligations under this Agreement), and Seller has not waived such condition in writing; (v) by mutual written consent of Purchaser and Seller; and (vi) by Purchaser or Seller, if the Closing has not occurred on or before March 1, 2017, or such later date as the parties may agree upon in writing, unless the terminating party is in material breach of this Agreement. (b) Effect of Termination. Each party's right of termination under Section 22(a) is in addition to any other rights it may have under this Agreement or otherwise, and the exercise of such right of termination will not be an election of remedies. If the Agreement is terminated pursuant to Section 22(a), all obligations of the parties under this Agreement will terminate: except that the obligations in this Section 22 will survive; provided, however, that if this Agreement is terminated by a party because of the breach of the Agreement by the other party or because one or more of the conditions to the terminating party's obligations under this Agreement is not satisfied as a result of the other party's failure to comply with its obligations under this Agreement, the terminating party's right to pursue all legal remedies will survive such termination unimpaired . 23. Indemnification by Purchaser. Purchaser agrees to indemnify Seller and hold Seller harmless from and against any and all losses, damages, fines, penalties, costs, liabilities, artd expenses (including all reasonable attorneys' fees , court costs, costs of defense and expert witness fees) (collectively, "Losses") arising from claims resulting from, or incident to : (a) Any breach by Purchaser of any of its obligations or duties under this Agreement or the incorrectness of any representation or warranty made by Purchaser in this Agreement or any document executed in connection herewith; 16 030617 HC BOC Page 31 (b) The operation of the Business by Purchaser on and after the Effective Time, including, but not limited to, billing, clinical or professional practices, other than with respect to actions of Seller (including, without limitation, any default, breach or violation by Seller occurring prior to or following the Closing); (c) Any failure by Purchaser to comply with all laws, regulations, and orders applicable to its business and operations; and ( d) Any and all professional liability incurred by Purchaser or Purchaser's employees on or after the Effective Time, other than with respect to actions of Seller (including, without limitation, any default, breach or violation by Seller occurring prior to or following the Closing). 24. Indemnification by Seller. Seller agrees to indemnify Purchaser and hold Purchaser harmless from and against any and all Losses arising from claims resulting from, or incident to: · (a) Any breach by Seller of any of its obligations or duties under this Agreement or the incorrectness of any representation or warranty made by Seller in this Agreement or any document executed in connection herewith ( determined in each case without regard to any qualification with respect to materiality); (b) The operation of the Business by Seller prior to the Effective Time including, but not limited to, billing, clinical or professional practices, other than with respect to actions of Purchaser; (c) Any failure by Seller to comply with all laws, regulations, and orders applicable to the Business and its operations prior to the Effective Time; ( d) Any Retained Liabilities or Excluded Assets; and (e) Any and all professional liability incurred by Seller or Seller's employees relating to the operation of the Business prior to the Effective Time. 25. Method of Asserting Claims. The party seeking indemnification (the "Indemnified Party") shall give prompt written notice to the other party (the "Indemnifying ~") within the applicable survival period set forth in Section 26, if any, of any claim which it discovers or of which it receives notice after the Closing and which might give rise to a claim by it against Indemnifying Party, stating the nature, basis and (to the extent known) amount of such claim; provided that failure to give prompt notice shall not jeopardize the right of any Indemnified Party to indemnification except to the extent such failure shall have materially prejudiced the ability of the Indemnifying Party to defend such claim. 26. Survival of Representations. The representations and warranties made by Seller, on the one hand, and by Purchaser, on the other hand, under this Agreement shall survive until the date that is twenty-four (24) months after the Closing Date, except that the representations and warranties set forth in Section 18(1) (Health Care Compliance) shall survive the Closing until the expiration of the applicable statute of limitations. 17 I I I I 1 I 030617 HC BOC Page 32 27. Access. Between the date of this Agreement and the Closing Date, and upon reasonable advance notice received from Purchaser, Seller shall afford Purchaser and its agents reasonable access to the Business to facilitate the transition of the Business operations from Seller to Purchaser. Purchaser shall not unreasonably interfere with the operations of the Business. In the event of the termination of this Agreement, all of Seller's information shall remain confidential and not be used by Purchaser, its members, officers, directors , employees or agents, and all copies thereof shall be returned to Seller. 28. Licenses. Should Seller receive notice or become aware of any adverse actions or deficiencies in the maintenance of any of Seller's provider numbers, Seller shall provide Purchaser with written notice within five (5) business days of its receipt of such notices. Notwithstanding the foregoing, Purchaser shall be solely responsible for the operation by Purchaser of the Business after the Closing Date, and any liabilities of Purchaser or the Business which arise out of Purchaser's operation of the Business after the Closing Date, subject to the provisions contained herein. 29. Sales and Transfer Taxes. All sales, transfer, purchase, use, value added, excise, income or similar taxes, fees, and duties under applicable Law incurred in connection with this Agreement or the transactions contemplated hereby shall be home solely by Seller. 30. Allocation of Purchase Price. Seller and Purchaser agree to allocate the Purchase Price among the Assets in accordance with the provisions of Section 1060 of the Internal Revenue Code of 1986, as amended (the "Code"). Such allocation shall be binding on Seller and Purchaser and Seller and Purchaser shall use such allocation in satisfying any and all reporting requirements of the Internal Revenue Service ("IRS") and any state, local, or other taxing authority. 31 . Miscellaneous Provisions. (a) Notices; Demands: Requests. All notices, consents, waivers, and other communications under this Agreement must be in writing and will be deemed to have been duly given when (i) delivered by hand (with written confirmation of receipt), (ii) sent by facsimile with confirmation of transmission by the transmitting equipment, (iii) received by the addressee, if sent by certified mail, return receipt requested, or (iv) received by the addressee, if sent by a nationally recognized overnight delivery service, in each case to the appropriate addresses or facsimile numbers set forth below ( or to such other addresses or facsimile numbers as a party may designate by notice to the other parties): As to Seller: As to Purchaser: 18 Hamett County Attn: Joseph Jeffries County Manager P.O. Box 759 Lillington, NC 27546 KAH Development 12, L.L.C. Attn: Douglas Curnutte Senior Vice President, Corporate Development I I i i I J I i 030617 HC BOC Page 33 With a copy to (which shall not constitute notice): 680 South Fourth Street Louisville, KY 40202 Kindred Healthcare, Inc. Attn: Jeffrey P. Stodghill Vice President and Corporate Counsel 680 South Fourth Street Louisville, KY 40202 Any such addresses may be changed at any time upon written notice of such change sent by the means stated above, to the other party by the party effecting the change. (b) Severability. If any one or more of the agreements or provisions of this Agreement shall be determined by a court of competent jurisdiction to be invalid, the invalidity of such covenants, agreements, and provisions shall in no way affect the validity or effectiveness of the remainder of this Agreement, and this Agreement shall continue in force to the fullest effect permitted by law. (c) State Law Controlling. This Agreement shall be construed and enforced in accordance with the substantive laws of the State of North Carolina. ( d) Venue. The parties agree that any litigation necessary to resolve a dispute arising under this Agreement shall be brought in the General Court of Justice in the County of Harnett and the State of North Carolina. (e) Successors; Assignment. This Agreement shall be binding upon and inure to the benefit of the legal representatives, successors, and permitted assigns of the parties. Neither party may assign this Agreement without the prior written consent of the other. (f) Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter and may not be changed, modified, or amended, except by an instrument in writing signed by the party against whom such change, modification, or amendment is asserted. (g) Headings. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement. (h) Execution of Agreement; Counterparts. Tiris Agreement may be executed in one or more counterparts, each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. [SIGNATURE PAGE FOLLOWS] 19 I I I I I ! I i I ! I I j 030617 HC BOC Page 34 IN WITNESS WHEREOF, the duly authorized officers of the parties hereof have executed this Agreement as of the date first written above. SELLER: THE COUNTY OF HARNETT, a body corporate and politic authorized by the laws of North Carolina By: ~J~ Name: Jseph J ~ Title: County Manager The terms of this Agreement are in compliance with the requirements of the Fiscal Control Act. PURCHASER: KAH DEVELOPMENT 12, L.L.C., a Delaware limited liability company By: _______________ _ Name: Douglas Curnutte Title: Senior Vice President, Corporate Development 20 030617 HC BOC Page 35 Exhibits Exhibit A ExhibitB Exhibit C ExhibitD Schedules Schedule 1 (f) Schedule 1 (h) Schedule IA Schedule 14(a) Schedule 18( c) Schedule 18(f) Schedule 18(h) List of Exhibits and Schedules Medical Records Custodian Agreement Restricted Fund Agreement Bill of Sale and Assignment Assignment and Assumption Agreement Intellectual Property Assigned Contracts Excluded Assets Employees Notices and Consents Governmental Authorizations Conflicts I i I i I I I I I I I 030617 HC BOC Page 36 EXHIBIT A MEDICAL RECORDS CUSTODIAN AGREEMENT Attached . 030617 HC BOC Page 37 MEDICAL RECORDS CUSTODIAN AGREEMENT THIS MEDICAL RECORDS CUSTODIAN AGREEMENT ("Agreement") is entered into and effective March I , 2017, by and between KAH DEVELOPMENT 12, L.L.C., a Delaware limited liability company ("Kindred''), and THE COUNTY OF HARNETT, a body corporate and politic authorized by the laws of North Carolina ("County"). Recitals: A . County currently provides home health and related services to patients in Harnett County, North Carolina through its agency known as "Harnett County Home Health Agency" (the "Business"); B. County is selling certain of the assets of the Business to Kindred pursuant to that certain Asset Purchase Agreement by and between County and Kindred (the "Asset Purchase Agreement"), effective as of the Effective Time (as such term is defined in the Asset Purchase Agreement). Thereafter, Kindred shall retain and act as custodian of the medical records of all patients of the Business that have not been discharged prior to the Effective Time but are current active patients of the Business as of the Effective Time (the "Active Records"); C. Kindred, acting in its capacity as custodian, agrees to provide such custodial services to County under the terms and conditions hereinafter set forth ; and D. All capitalized terms not otherwise defined herein shall have the meaning attributed to them in the Asset Purchase Agreement. N O W, THEREFORE, in consideration of the premises and the mutual promises contained herein, the parties hereto do hereby agree as follows : A. ARTICLE I SERVICES TO BE PROVIDED Medical Records Custodial Services. 1. In General. During the term of this Agreement, Kindred, acting in its capacity as custodian of the Active Records, shall provide the services described herein for County. Kindred shall provide medical records custodial services for those Active Records of County pertaining to the patients of County, whether in paper or electronic form, and including the business and accounting records for such patients to the extent the same are commingled with the medical records (each a "Record" and collectively, the "Records"). Specifically, Kindred in its capacity as custodian shall do the following: a. Maintain the physical safety, security, and integrity of the Records at a site to be agreed upon by Kindred and County. Further, Kindred shall implement reasonable safeguards against unauthorized use of, disclosure of, access to , damage to or destruction of the Records . . I I I I J 030617 HC BOC Page 38 b. Allow County representatives reasonable access to the Records during regular business hours (in person or through use of electronic systems) for the purposes of billing and collection, or making or defending any claim, action or allegation related to patient care, billing, professional conduct, or similar issues which depend upon or are related to the Records or the care reflected in the Records, and will establish a procedure to enable County representatives to gain reasonable access to the Records after regular business hours and on weekends, and to reproduce same, at County's sole cost and expense. c. Maintain a system to account for the "check-in" and "check-out" of the Records by County personnel. d. Maintain insurance covering the site at which the Records are stored, including coverage for "all hazards." e. Maintain the Records so as to comply with applicable provisions of federal law, the laws of the State of North Carolina, and in particular the Health Insurance Portability and Accountability Act of 1996, as amended by the Health Information Technology for Economic and Clinical Health Act of the American Recovery and Reinvestment Act of 2009, Pub. L. 111-5, and the regulations promulgated thereunder (collectively, "HIPAA"). f. Upon the written request of any patient of County ( or the authorized legal representative of any patient of County), make copies of such patient's Record(s) and shall charge the patient therefor in accordance with the provisions of HIP AA and applicable state law, unless Kindred elects to waive such charge. Kindred shall retain a copy of all such Records. g. Kindred shall retain each Record for a period of at least eleven (11) years from the last date of treatment for an adult and for seven (7) years after a minor has reached the age of majority. 2. Representations and Warranties of Kindred. a. Kindred agrees that, in its performance of services under this Agreement, it shall not obligate County financially or make any financial undertaking on behalf of County or enter into any contract requiring County to undertake liability, or perform services without the prior written approval of County of such obligation, liability, or undertaking. b. Kindred and its employees, agents, and independent contractors shall comply with all applicable laws or regulations regarding the confidentiality of the Records and agrees that such records shall not be used or disclosed except as provided under this Agreement or as may be required by applicable state or federal law. c. Kindred agrees to indemnify and hold County harmless from and against any and all liability, claims, demands, suits, proceedings, actions, damages, costs, and expenses (including actual reasonable attorneys' fees) incurred by County as a result of K.indred's performance or failure to perform its obligations under this Agreement, so long as such is not the result of the negligence or misconduct of County or its officers, directors, employees, or agents. 2 I I I i ! I i l 1 I l I 030617 HC BOC Page 39 d. Kindred represents and warrants to County that Kindred (i) is not currently excluded, debarred, or otherwise ineligible to participate in the federal health care programs as defined in 42 U.S .C. §1320a-7b(f) (the "federal health care programs"); (ii) has not been convicted of a criminal offense related to the provision of health care items or services and has not been excluded, deban·ed, or otherwise declared ineligible to participate in the federal health care programs; and (iii) is not under investigation or otherwise aware of any circumstances that may result in Kindred being excluded from participation in the federal health care programs . This shall be an ongoing representation and warrant during the term of the Agreement. Kindred shall immediately notify County of any change in the status of the representation and warranty set forth in this section. Any breach of this section shall give County the right to terminate the Agreement immediately for cause, the other provisions of this Agreement to the contrary notwithstanding. e. Kindred shall promptly notify County in the event it changes the location(s) where the Records are maintained. f. Kindred shall, during the term of this Agreement, permit County to have reasonable access to the Records and to reproduce the same, at its sole cost and expense. ARTICLE II CONSIDERATION The parties agree that the services to be provided to Kindred by County as custodian under that certain Medical Records Custodian Agreement of even date herewith ("Reciprocal Agreement") and the services to be provided to County by Kindred as custodian under this Agreement are of approximately equal value, are consideration one for the other, and such rights have been negotiated at arms' length by the parties hereto. Kindred shall be responsible for all costs incurred in its operations as custodian of the Records. Kindred shall have no obligation to pay any costs incurred by County, and County shall have no obligation to make any payment to Kindred in consideration for the services provided hereunder . Notwithstanding the preceding sentence, County shall be required to pay Kindred for copies of the Records made at the request of any duly authorized officer of County at the rate established by North Carolina law, or if no such rate applies, then at a reasonable rate, including any storage and retrieval fees specified therein. ARTICLE III TERM AND TERMINATION A. Term. The term of this Agreement shall begin on the Effective Time and end on the eleventh (11th) anniversary of the Effective Time, unless sooner terminated in accordance with the provisions of this Agreement. B. Termination for Cause. Either County or Kindred shall have the right to terminate this Agreement upon written notice to the other effective the date of the notice, upon the occurrence of any of the following events: 3 I I I I I I I I I I I I 030617 HC BOC Page 40 1. A party's voluntary or involuntary filing of a petition for bankruptcy, reorganization, or receivership under federal or state law that is not dismissed within sixty (60) days after the commencement of such filing; or 2. The breach by a party of any of its obligations, warranties, or representations contained in this Agreement and such breach has not been cuted within thirty (30) days after the non-breaching party gives the breaching party written notice thereof or, if such breach is incapable of cure within thirty (30) days, if the breaching party does not commence to cure such breach within such thirty (30) day period and continuously prosecute the performance of the same to completion w ith due diligence; or 3. A party breaches a warranty contained in this Agreement; or 4. A party has been adjudicated or pied guilty (by a plea of nolo contendere or otherwise) of or to a felony or any other criminal charges that relate to a party's billing and collection or professional medical activities. C. Termination by Notice. Notwithstanding any other provision of this Agreement to the contrary, County may terminate this Agreement upon ninety (90) days' written notice to Kindred. D. Actions Following Termination. Upon the termination of this Agreement prior to the expiration of the term, County shall have reasonable access to the Records during regular business hours (in person or through use of electronic systems), and Kindred will establish a procedure to enable County representatives to gain reasonable access to the Records after regular business hours and on weekends, and to reproduce same, at County's sole cost and expense for the purposes set forth in Section 1 (b ). ARTICLE IV MISCELLANEOUS Kindred and County further agree as follows: A. Consequential Damages. Neither party shall be liable to the other for lost profits or revenues, or any indirect, incidental, consequential, or similar damages arising or alleged to arise out of this Agreement. B. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the matters described herein and shall supersede any prior agreement and understanding relating to the subject matter of this Agreement. C. Assignment. This Agreement may not be assigned by either party without the prior written consent of the other party hereto, which consent shall not be unreasonably withheld; provided, however, either party may freely assign this Agreement to any parent corporation, affiliate, or governmental sub-unit, as the case may be. This Agreement shall inure to the benefit of and be binding on each party's heirs, representatives, successors, and permitted assigns. 4 . ! i I I I I l I I I ! J 030617 HC BOC Page 41 D. Amendment. This Agreement may only be amended by a written agreement executed by both parties . E. Notice. Any notice required under this Agreement shall be in writing, and delivered by registered or certified mail to the other party at the address set forth in the Asset Purchase Agreement unless one party gives notice in writing to the other party of another address to which such notice shall be sent. Hand delivery to such address shall also suffice if signed for by a representative of the party receiving the notice. F. Waiver. Any party may waive its right to insist upon full performance of one or more provisions of this Agreement, but no such waiver shall prevent such party from insisting on full performance of each such provision thereafter. G. Governing Law. This Agreement shall be governed by and construed and interpreted in accordance with the substantive laws of the State of North Carolina without regard to its conflict of laws principles. H. Severance. Each provision of this Agreement shall be interpreted, to the extent reasonably practicable, so as to be effective and valid under applicable law. To the extent, however, that any such provision is determined to be ineffective, then this Agreement shall be ineffective only to the extent of such invalidity, and the remaining provisions of this Agreement shall be given full force and effect and construed so as to secure to each party the purposes and benefits hereof. I. Headings. The headings contained in this Agreement have been provided for convenience only and shall not be deemed to constitute a part of this Agreement. J. Relationship of Parties. The parties hereby expressly understand and agree that this Agreement is not intended and shall not be construed to create the relationship of agent (except as is expressly set forth herein), servant, employee, partnership, joint venture, or association between the parties. K. Future Amendments. Notwithstanding any provision herein to the contrary, the parties agree to modify this Agreement, if necessary, to comply with the requirements of any future safe harbor regulation or other change in applicable law. If the parties are unable to reach such agreement prior to the effective date of such future regulation or change in law, then this Agreement shall terminate upon written notice by either party to the other. L. Destruction of Records. Nothing herein shall be deemed to preclude the destruction of Records in accordance with an established document destruction policy consistent with retention requirements under state and federal laws and regulations; provided that no Records may be destroyed if either party knows or should know that access to such Records may reasonably be required by the other party due to pending litigation, an ongoing or anticipated investigation or audit, patient care or other needs. [SIGNATURE PAGE FOLLOWS] 5 I I I I I I i 030617 HC BOC Page 42 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date above written. KINDRED: KAH DEVELOPMENT 12, L.L.C ., a Delaware limited liability company By: _____________ _ Douglas Curnutte Senior Vice President, Corporate Development COUNTY: TIIE COUNTY OF HARNETT, a body corporate and politic authorized by the laws ofN01th Carolina By :~ Jose.Jeffries County Manager 6 I I I I I 030617 HC BOC Page 43 MEDICAL RECORDS CUSTODIAN AGREEMENT THIS MEDICAL RECORDS CUSTODIAN AGREEMENT ("Agreement") is entered into and effective March 1, 2017, by and between KAH DEVELOPMENT 12, L.L.C., a Delaware limited liability company ("Kindred"), and THE COUNTY OF HARNETT, a body corporate and politic authorized by the laws of North Carolina ("County"). Recitals: A. County currently provides home health and related services to patients in Harnett County, North Carolina through its agency known as "Harnett County Home Health Agency" (the "Business''); B. County is selling certain of the assets of the Business to Kindred pursuant to that certain Asset Purchase Agreement by and between County and Kindred (the "Asset Purchase Agreement"), effective as of the Effective Time (as such term is defined in the Asset Purchase . Agreement). Thereafter, County shall retain and act as custodian of the medical records of all patients of the Business that have been discharged prior to the Effective Time ("Discharged Records"); C. County, acting in its capacity as custodian agrees to provide such custodial services to Kindred under the terms and conditions hereinafter set forth; and D. All capitalized terms not otherwise defined herein shall have the meaning attributed to them in the Asset Purchase Agreement. NOW, THEREFORE, in consideration of the premises and the mutual promises contained herein, the parties hereto do hereby agree as follows: A. ARTICLE I SERVICES TO BE PROVIDED Medical Records Custodial Services. 1. In General. During the term of this Agreement, County, acting in its capacity as custodian of the Discharged Records, shall provide the services described herein for Kindred. County shall provide medical records custodial services for those Discharged Records of County pertaining to the patients of County, whether in paper or electronic form, and including the business and accounting records for such patients to the extent the same are commingled with the medical records (each a "Record" and collectively, the "Records"). Specifically, County in its capacity as custodian shall do the following: a. Maintain the physical safety, security, and integrity of the Records at a site to be agreed upon by Kindred and County. Further, County shall implement reasonable safeguards against unauthorized use of, disclosure of, access to, damage to or destruction of the Records. I J I I I I I I I I I I I I 030617 HC BOC Page 44 b. Allow Kindred representatives reasonable access to the Records during regular business hours (in person or through use of electronic systems) for the purposes of billing and collection, or making or defending any claim, action or allegation related to patient care, billing, professional conduct, or similar issues which depend upon or are related to the Records or the care reflected in the Records, and will establish a procedure to enable Kindred representatives to gain reasonable access to the Records after regular business hours and on weekends, and to reproduce same, at Kindred's sole cost and expense. c. Maintain a system to account for the "check-in" and "check-out" of the Records by Kindred personnel. · d. Maintain insurance covering the site at which the Records are stored, including coverage for "all hazards.'' e. Maintain the Records so as to comply with applicable provisions of federal law, the laws of the State of North Carolina, and in particular the Health Insurance Portability and Accountability Act of 1996, as amended by the Health Information Technology for Economic and Clinical Health Act of the American Recovery and Reinvestment Act of 2009, Pub . L. 111-5, and the regulations promulgated thereunder ( collectively, "HIP AA"). f. Upon the written request of any patient of Kindred ( or the authorized legal representative of any patient of Kindred), make copies of such patient's Record(s) and shall charge the patient therefor in accordance with the provisions of HIP AA and applicable state law, unless County elects to waive such charge. County shall retain a copy of all such Records . g. County shall r~tain each Record for a period of at least eleven (11) years from the last date of treatment for an adult and for seven (7) years after a minor has reached the age of majority. 2. Representations and Warranties of County. a. County agrees that, in its performance of services under this Agreement, it shall not obligate Kindred financially or make any financial undertaking on behalf of Kindred or enter into any contract requiring Kindred to undertake liability, or perform services without the prior written approval of Kindred of such obligation, liability, or undertaking. b. County and its employees, agents, and independent contractors shall comply with all applicable laws or regulations regarding the confidentiality of the Records and agrees that such records shall not be used or disclosed except as provided under this Agreement or as may be required by applicable state or federal law. c. County agrees to indemnify and hold Kindred hannless from and against any and all liability, claims, demands, suits, proceedings, actions, damages, costs, and expenses (including actual reasonable attorneys' fees) incurred by Kindred as a result of County's performance or failure to perfonn its obligations under this Agreement, so long as such is not the result of the negligence or misconduct of Kindred or its officers, directors, employees, or agents. 2 I I I I j l I I 030617 HC BOC Page 45 d. County represents and warrants to Kindred that County (i) is not currently excluded, debarred, or otherwise ineligible to participate in the federal health care programs as defined in 42 U .S.C. § 1320a-7b(f) (the "federal health care programs"); (ii) has not been convicted of a criminal offense related to the provision of health care items or seivices and has not been excluded, debarred, or otherwise declared ineligible to participate in the federal health care programs; and (iii) is not under investigation or otherwise aware of any circumstances that may result in County being excluded from participation in the federal health care programs. County shall immediately notify Kindred of any change in the status of the representation and warranty set forth in this section. Any breach of this section shall give Kindred the right to terminate the Agreement immediately for cause, the other provisions of this Agreement to the contrary notwithstanding. e. County shall promptly notify Kindred in the event it changes the location(s) where the Records are maintained. f. County shall, during the term of this Agreement, permit Kindred to have reasonable access to the Records and to reproduce the same, at its sole cost and expense. ARTICLE II CONSIDERATION The parties agree that the services to be provided to County by Kindred as custodian under that certain Medical Records Custodian Agreement of even date herewith ("Reciprocal Agreement") and the services to be provided to Kindred by County as custodian under this Agreement are of approximately equal value, are consideration one for the other, and such rights have been negotiated at arms' length by the parties hereto. County shall be responsible for all costs incurred in its operations as custodian of the Records. County shall have no obligation to pay any costs incurred by Kindred, and Kindred shall have no obligation to make any payment to County in consideration for the services provided hereunder. Notwithstanding the preceding sentence, Kindred shall be required to pay County for copies of the Records made at the request of any duly authorized officer of Kindred at the rate established by North Carolina law, or if no such rate applies, then at a reasonable rate, including any storage and retrieval fees specified therein. ARTICLE III TERM AND TERMINATION A. Term. The term of this Agreement shall begin as of the Effective Time and end on the eleventh (11th) anniversary of the Effective Time, unless sooner terminated in accordance with the provisions of this Agreement. B. Termination for Cause. Either County or Kindred shall have the right to terminate this Agreement upon written notice to the other effective the date of the notice, upon the occurrence of any of the following events : 3 030617 HC BOC Page 46 1. A party's voluntary or involuntary filing of a petition for bankruptcy, reorganization, or receivership under federal or state law that is not dismissed within sixty ( 60) days after the commencement of such filing; or 2. The breach by a party of any of its obligations, warranties, or representations contained in this Agreement and such breach has not been cured within thirty (30) days after the non-breaching party gives the breaching party written notice thereof or, if such breach is incapable of cure within thirty (30) days, if the breaching party does not commence to cure such breach within such thirty (30) day period and continuously prosecute the performance of the same to completion with due diligence; or 3. A party breaches a warranty contained in this Agreement; or 4. A party has been adjudicated or pied guilty (by a plea of nolo contendere or otherwise) of or to a felony or any other criminal charges that relate to a party's billing and collection or professional medical activities. · C. Termination by Notice. Notwithstanding any other provision of this Agreement to the contrary, 'Kindred may terminate this Agreement upon ninety (90) days' written notice to County. D. Actions Following Termination. Upon the termination of this Agreement prior to the expiration of the term, Kindred shall have reasonable access to the Records during regular business hours (in person or through use of electronic systems), and County will establish a procedure to enable Kindred representatives to gain reasonable access to the Records after regular business hours and on weekends, and to reproduce same, at Kindred 's sole cost and expense for the purposes set forth in Section l(b). ARTICLE IV MISCELLANEOUS Kindred and County further agree as follows: A. Consequential Damages. Neither party shall be liable to the other for lost profits or revenues, or any indirect, incidental, consequential, or similar damages arising or alleged to arise out of this Agreement. B. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the matters desc1ibed herein and shall supersede any prior agreement and understanding relating to the subject matter of this Agreement. C. Assignment. This Agreement may not be assigned by either party without the prior written.consent of the other party hereto, which consent shall not be unreasonably withheld; provided, however, either party may freely assign this Agreement to any parent corporation, affiliate, or governmental sub-unit, as the case may be. This Agreement shall inure to the benefit of and be binding on each party's heirs, representatives, successors, and permitted assigns. 4 030617 HC BOC Page 47 D. Amendment. This Agreement may only be amended by a written agreement executed by both parties. E. Notice. Any notice required under this Agreement shall be in writing, and delivered by registered or certified mail to the other party at the address set forth in the Asset Purchase Agreement unless one party gives notice in writing to the other party of another address to which such notice shall be sent. Hand delivery to such address shall also suffice if signed for by a representative of the party receiving the notice. F. Waiver. Any party may waive its right to insist upon full performance of one or more provisions of this Agreement, but no such waiver shall prevent such party from insisting on full performance of each such provision thereafter. G. Governing Law. This Agreement shall be governed by and construed and interpreted in accordance with the substantive laws of the State of North Carolina without regard to its conflict of laws principles. B. Severance. Each provision of this Agreement shall be interpreted, to the extent reasonably practicable, so as to be effective and valid under applicable law. To the extent, however, that any such provision is determined to be ineffective, then this Agreement shall be ineffective only to the extent of such invalidity, and the remaining provisions of this Agreement shall be given full force and effect and construed so as to secure to each party the purposes and benefits hereof. I. Headings. The headings contained in this Agreement have been provided for convenience only and shall not be deemed to constitute a part of this Agreement. J. Relationship of Parties. The parties hereby expressly understand and agree that this Agreement is not intended and shall not be construed to create the relationship of agent (except as is expressly set forth herein), servant, employee, partnership, joint venture, or association between the parties. K. Future Amendments. Notwithstanding any provision herein to the contrary, the parties agree to modify this Agreement, if necessary, to comply with the requirements of any future safe harbor regulation or other change in applicable law. If the parties are unable to reach such agreement prior to the effective date of such future regulation or change in law, then this Agreement shall terminate upon written notice by either party to the other. L. Destruction of Records. Nothing herein shall be deemed to preclude the destruction of Records in accordance with an established document destruction policy consistent with retention requirements under state and federal laws and regulations; provided that no Records may be destroyed if either party knows or should know that access to such Records may reasonably be required by the other party due to pending litigation, an ongoing or anticipated investigation or audit, patient care or other needs. 5 I l l I 030617 HC BOC Page 48 IN WITNESS WHEREOF, the parties have executed this Agreement effective the as of date above written. KINDRED: KAH DEVELOPMENT 12, L.L.C., a Delaware limited liability company By: _____________ _ Douglas Curnutte Senior Vice President, Corporate Development COUNTY: THE COUNTY OF HARNETT, a body corporate and politic authorized by the laws of North Carolina By: Jo<Ji/lft/'• County Manager 6 030617 HC BOC Page 49 Attached . EXIDBITB RESTRICTED FUND AGREEMENT 030617 HC BOC Page 50 RESTRICTED FUND AGREEMENT TIDS RESTRICTED FUND AGREEMENT (this "Agreement") is effective the 1st day of March, 2017, by and between THE COUNTY OF HARNETT, a body corporate and politic authorized by the laws of North Carolina ("Seller"), and KAH DEVELOPMENT 12, L.L.C., a Delaware limited liability company ("Purchaser"). A. Seller and Purchaser have entered into that certain Asset Purchase Agreement dated February __J 2017 (the "AP A"), pursuant to which Purchaser is acquiring certain assets of Seller as described within the AP A; B. Pursuant to Section 6 of the APA, Two Hundred Thousand Dollars ($200,000.00) of the Purchase Price is to be placed in a Restricted Fund Balance Account (the "Account") pursuant to this Restricted Fund Agreement; and C. Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the AP A. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein and other good and valuable consideration, the receipt, sufficiency and adequacy of which are hereby acknowledged, the parties hereto agree as follows: 1. Establishment of Restricted Fund Balance Account. Seller has established a restricted fund within its main operating account for the purpose of serving as the Account. The Account is being created in order to secure indemnification obligations of Seller pW'suant to the AP A. Simultaneously with the Closing pursuant to the terms of the AP A, Seller shall deposit, by wire transfer, immediately available funds in the amount of Two Hundred Thousand Dollars ($200,000.00) into the Account to be held pursuant to the terms of this Agreement. The Account shall consist only of the amounts placed in the Account pursuant to this Agreement, and shall not be comingled with any other accounts of Seller, and shall only be drawn upon in accordance with the terms of this Agreement. 2. Ownership and Restricted Fund Balance Account Seller shall, at all times, be owner of the Account, subject to the contractual rights and obligations as described herein. Any investment earnings or income on the Account shall be the property of Seller and shall not become part of the Account and may be disbursed to Seller at Seller's direction. 3. Disbursement. Pursuant to Section 6 of the AP A, Seller shall be permitted to withdraw funds from the Account as follows: (a) on the first (1) anniversary of the Closing, Seller shall be permitted to withdraw any funds in excess of One Hundred Thousand Dollars ($100,000.00) from the Account; on the second (2nd) anniversary of the Closing, Seller shall be permitted to withdraw any remaining funds held in the Account less the amount of any pending Purchaser's Claims (as defined below). 4. Account Access. Seller shall provide Purchaser with a copy of all monthly statements to verify account balance and activity, and all statements and notifications related to the Account within five (5) days of Seller's receipt of the same during the term of this Agreement. I I I I i I ! I l I I I I 030617 HC BOC Page 51 5. Claims Procedure. In the event that Purchaser has a claim for indemnification pursuant to the AP A that would constitute a claim against the Account (a "Purchaser's Claim"), Purchaser shall provide written notice to Seller specifying the factual basis for the claim and the amount of the claim. Upon receipt of the notice of Purchaser's claim, Seller shall have thirty (30) days to investigate Purchaser's Claim (the "Review Period"), and to work with Purchaser in resolving the claim. If the claim is resolved and an amount is due, Seller shall promptly distribute such amount from the Account to Purchaser. In the event that the parties cannot agree upon the amount of such claim within the Review Period, then Purchaser may institute legal action with respect to Purchaser's Claim, and the amount of such claim shall be treated as a pending Purchaser's Claim until finally resolved. In the event that Purchaser does not institute legal action within thirty (30) days following the expiration of the Review Period, then Purchaser's Claim shall no longer be treated as a pending claim against the Account, although Purchaser shall retain the right to sue Seller to enforce such claim. 6. Miscellaneous Provisions. (a) Notices: Demands: Requests . All notices, consents, waivers, and other communications under this Agreement must be in writing and will be deemed to have been duly given when (i) delivered by hand (with written confirmation of receipt); (ii) received by the addressee, if sent by certified mail, return receipt requested; or (iii) received by the addressee, if sent by a nationally recognized overnight delivery service, in each case to the appropriate addresses or facsimile numbers set forth below ( or to such other addresses or facsimile nwnbers as a party may designate by notice to the other parties): As to Seller: As to Purchaser: With a copy to: Hamett County Attn: Joseph Jeffries, County Manager P.O. Box 759 Lillington, NC 27546 KAH Development 12, L.L.C. Attn: Douglas Curnutte Senior Vice President, Corporate Development 680 South Fourth Street Louisville, KY 40202 Kindred Healthcare, Inc. Attn: Jeffrey P. Stodghill Vice President and Corporate Counsel 680 South Fourth Street Louisville, KY 40202 Any such addresses may be changed at any time upon written notice of such change sent by the means stated above, to the other party by the party effecting the change. (b) Severability. If any one or more of the agreements or provisions of this Agreement shall be determined by a court of competent jurisdiction to be invalid, the invalidity of such covenants, agreements, and provisions shall in no way affect the validity or effectiveness 2 030617 HC BOC Page 52 of the remainder of this Agreement, and this Agreement shall continue in force to the fullest effect permitted by law. (c) State Law Controlling. Tiris Agreement shall be construed and enforced in accordance with the substantive laws of the State ofNorth Carolina. ( d) Venue. The parties agree that any litigation necessary to resolve a dispute arising under this Agreement shall be brought in the General Court of Justice in the County of Hamett and the State of North Carolina. (e) Successors; Assignment. This Agreement shall be binding upon and inure to the benefit of the legal representatives , successors, and pennitted assigns of the parties. Neither party may assign this Agreement without the prior written consent of the other. (f) Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter and may not be changed, modified, or amended, except by an instrument in writing signed by the party against whom such change, modification, or amendment is asserted. (g) Headings. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement. (h) Execution of Agreement: Counterparts. This Agreement may be executed in one or more counterparts (including, without limitation, by electronic or facsimile signatures and transmission), each of which will be deemed to be an original copy of this Agreement and all of which, when taken together, will be deemed to constitute one and the same agreement. [SIGNATURE PAGE FOLLOWS] 3 I I I I I I I I I l 030617 HC BOC Page 53 IN WITNESS WHEREOF, the duly authorized officers of the parties hereof have executed this Agreement as of the date first written above. SELLER: THE COUNTY OF HARNETT, a body corporate and politic authorized by the laws of North Carolina ~~e:J<J/.~ Title : County Manager PURCHASER: KAH DEVELOPMENT 12, L.L.C., a Delaware limited liability company By: _____________ _ Name : Douglas Curnutte Its: Senior Vice President, Corporate Development 4 I I l ! I ! i I I I I 030617 HC BOC Page 54 EXIIlBITC BILL OF SALE AND ASSIGNMENT Attached. 030617 HC BOC Page 55 BILL OF SALE AND ASSIGNMENT TIDS BILL OF SALE AND ASSIGNMENT (this "Bill of Sale") is entered into and made effective as of the 1st day of March, 2017 (the "Effective Date") by THE COUNTY OF HARNETT, a body corporate and politic authorized by the laws of North Carolina ("Seller"), in favor of and KAH DEVELOPMENT 12, L.L.C., a Delaware limited liability company ("Purchaser"). RECITALS: A. Seller and Purchaser are parties to that certain Asset Purchase Agreement dated February _, 2017 (the "Asset Purchase Agreement"). Capitalized terms used herein but not otherwise defined shall have the meanings ascribed to them in the Asset Purchase Agreement. B. Pursuant to the Asset Purchase Agreement, Seller has agreed to assign, transfer, sell and convey to Purchaser, and Purchaser has agreed to purchase, accept and assume from Seller, all of Seller's right, title, interests and obligations to and under the Assets other than the Excluded Assets. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein and in the Asset Purchase Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Seller and Purchaser agree as follows: 1. Transfer and Conveyance. On the terms and subject to the conditions, representations, warranties, covenants and indemnities contained in the Asset Purchase Agreement, Seller hereby sells, conveys, assigns, transfers, and delivers to Purchaser, free and clear of all pledges, security interests, mortgages, liens and encumbrances, and Purchaser hereby accepts and assumes from Seller, all legal, beneficial and other rights, title, benefit, privileges, and interest in and to the Assets . 2. Seller Liabilities. Seller shall remain liable and shall discharge all liabilities and obligations arising prior to the Effective Time under or in connection with the Assets. Notwithstanding anything contained herein or in the Asset Purchase Agreement to the contrary, the Excluded Assets (and all liabilities and obligations thereunder) are not subject to this Agreement and shall be retained by Seller following the Effective Time. 3. Binding Effect. This instrument shall inure to the benefit of Purchaser and its successors and assigns and shall be binding upon Seller and its successors and assigns. 4. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which when taken together shall constitute a single instrument. 5. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of North Carolina, without regard to its conflict oflaw princi~les. 030617 HC BOC Page 56 6. Conflicting Terms. Notwithstanding anything herein to the contrary, the provisions of this Agreement shall be subject to the provisions of the Asset Purchase Agreement, and if to the extent they are inconsistent, the provisions of the Asset Purchase Agreement shall be controlling . IN WITNESS WHEREOF, this Bill of Sale has been duly executed and delivered as of the Effective Date. SELLER: THE COUNTY OF HARNETT~ a body corporate and politic authorized by the laws of North Carolina By:~~ Josephffr~ ~anager 2 I I I 030617 HC BOC Page 57 EXHIBITD ASSIGNMENT AND ASSUMPTION AGREEMENT Attached. 030617 HC BOC Page 58 ASSIGNMENT AND ASSUMPTION AGREEMENT TIDS ASSIGNMENT AND ASSUMPTION AGREEMENT (this "Assigrunent") is effective as of the 1st day of March, 2017, by and between THE COUNTY OF HARNETT, a body corporate and politic authorized by the laws of North Carolina ("Assignor"), and KAH DEVELOPMENT 12, L.L.C., a Delaware limited liability company ("Assignee"). Recitals: A. Contemporaneously with the execution of this Assignment , Assignee has purchased Assignor's home health agency, which operates within the geographic boundaries of Harnett County, North Carolina, pursuant to that certain Asset Purchase Agreement by and between Assignor and Assignee, dated February_, 2017 (the "Asset Purchase Agreement"); B. Section l(h) of the Asset Purchase Agreement requires that Assignor shall assign, and that Assignee shall assume, all of Assignor's obligations pursuant to the contracts listed on Schedule 1 (h) of the Asset Purchase Agreement; C. Attached hereto as Exhibit A is a listing of the contracts subject to and a part of this Assignment (collectively, the "Assigned Contracts"); D. Assignee desires that Assignor transfer and assign to Assignee all of Assignor's right, title, and interest in, and under the Assigned Contracts , and Assignee accepts such assignment as herein stated; and E . All capitalized terms not otherwise defined herein shall have the meanings attributed to them in the Asset Purchase Agreement. NOW, TIIBREFORE, in consideration of the mutual premises, agreements, and mutual covenants set forth herein and in the Asset Purchase Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby irrevocably acknowledged, the parties hereto, intending legally to be bound, hereby agree as follows: 1. Assignment and Assumption of Assigned Contracts . Assignor hereby assigns to Assignee, its successors and assigns all of its right, title, and interest in, to, and under the Assigned Contracts, and Assignee hereby accepts and assumes all obligations of Assignor arising under the Assigned Contracts on or after the Effective Time, but specifically excluding all obligations or liabilities arising from any default, breach or violation of any such Assigned Contract occurring on or prior to the Effective Time, whether occurring as a result of the transactions contemplated by the Asset Purchase Agreement or otherwise). Notwithstanding the foregoing, if the assignment, attempted to be made hereunder of any Assigned Contract, would be ineffective as between Assignor and Assignee without the consent of a third party, or would constitute a cause for terminating or invalidating such Assigned Contract, then such Assigned Contract is excluded from this Assignment and Assignor shall cooperate with Assignee to obtain all required consents to facilitate the assignment of said contract. Upon obtaining such consents, no further assignment or conveyance shall be r equired, but rather full and complete title to such Assigned Contract shall automatically become vested in Assignee by virtue of this instrument. If all required consents are i i I l I 030617 HC BOC Page 59 not obtained with respect to any Assigned Contract, Assignor shall cooperate with Assignee in any reasonable arrangement designed to provide for Assignee the benefits of such Assigned ·Contract. 2. Further Assurances. Assignor shall do, execute, acknowledge, and deliver all such further acts, deeds, instruments, transfers, powers of attorney, or assurances as may be reasonably requested by Assignee from time to time for the purpose of confirming the assignment of the Assigned Contracts, and Assignee shall do, execute, acknowledge, and deliver all such further acts, deeds, instruments, transfers, powers of attorney, or assurances as may be reasonably requested by Assignor from time to time for the purpose of confirming the assumption by Assignee of the Assigned Contracts, subject to the limitations set forth in this Assignment and in the Asset Purchase Agreement. 3. Successors and Assigns. 1bis Assignment shall be binding upon, and inure to the benefit of, and be enforceable by, the parties hereto and their respective successors and assigns, except that none of the parties shall have the right to assign any of its obligations hereunder without the prior written consent of the other party hereto. 4. Section Headings. The section headings herein have been inserted for convenience of reference only and shall in no way modify or restrict any of the terms or provisions hereof. 5. Governing Law. This Assignment shall be governed by and construed and enforced in accordance with the substantive laws of the State of North Carolina. 6. Counterparts. 1bis Assignment may be executed in counterparts, each of which is an original and all of which taken together shall constitute a single instrument. 7. Conflicting Terms. Notwithstanding anything herein to the contrary, the provisions of this Assignment shall be subject to the provisions of the Asset Purchase Agreement, and if to the extent they are inconsistent, the provisions of the Asset Purchase Agreement shall be controlling. [SIGNATURE PAGE FOLLOWS] 2 I I l j I I i I I I ! l 030617 HC BOC Page 60 IN WITNESS WHEREOF, the duly authorized officers of the parties hereof have executed this Assignment and Assumption Agreement as of the date first written above. ASSIGNOR: THE COUNTY OF HARNETT, a body corporate and politic authorized by the laws of North Carolina By :~ Name: Josh.Je'e Its: County Manager ASSIGNEE: KAH DEVELOPMENT 12, L.L.C., a Delaware limited liability company By: ________________ _ Name: Douglas Curnutte Its : Senior Vice President, Corporate Development 3 I l ! i I j I I I 030617 HC BOC Page 61 EXlllBITA Assigned Contracts Blue Cross and Blue Shield of North Carolina UNC United Healthcare Humana -#4847-5302-9699 v.1- 030617 HC BOC Page 62 Main Number: (910)893-7544 Fax Number: (910)814-8266 SCHEDULE HO INTELLECTUAL PROPERTY 030617 HC BOC Page 63 SCHEDULE l(h) ASSIGNED CONTRACTS Blue Cross and Blue Shield of North Carolina UNC United Healthcare Humana 030617 HC BOC Page 64 SCHEDULElA EXCLUDED ASSETS 1. Seller's accounts receivable, cash, and cash equivalents owned by Seller associated with the Business. 2. Seller's bank accounts. 3. Seller's furniture, furnishings, and equipment used in the operation of the Business. 4. Seller's real or personal property used in the operation of the Business. 5. Seller's computer hardware, software, and other information technology used in the operation of the Business, except that Seller agrees that such assets shall remain available for · Purchaser's use through the date of the Tie-In Notice. 6. Seller's vehicles used by staff to serve patients. I I I 1 ! I i I I 030617 HC BOC Page 65 Marva Walden , RN SCHEDULE 14{a) EMPLOYEES 030617 HC BOC Page 66 SCHEDULE 18(c) NOTICES AND CONSENTS A determination by the CON Section, that Seller 's sale, and Purchaser 's acquisition, of the Assets is exempt from certificate of need review. Written notice to the Acute and Home Care Section of a contemplated licensure change of ownership. Written notice to CMS, in the manner prescribed by CMS, of a contemplated change of ownership pursuant to 42 C.F.R. § 489.18. 030617 HC BOC Page 67 SCHEDULE 18<0 GOVERNMENTAL AUTHORIZATIONS North Carolina Home Health License: HC0503 Medicare Provider Number: 34-7089 Medicaid Provider Number: 3407089 National Provider Identifier Number: 1174520803 030617 HC BOC Page 68 SCHEDULE 18{h) CONFLICTS A determination by the CON Section, that Seller's sale, and Purchaser's acquisition, of the Assets is exempt from certificate of need review. Change of Ownership Licensure Application, which will be processed by the Acute and Home Care Section. CMS Tie-In Notice. l I ! j l l l I I I I I 030617 HC BOC Page 69 THE COUNTY OF HARNETT, a body corporate and politic authorized by the laws of North Carolina CERTJFICATE PURSUANT TO ASSET PURCHASE AGREEMENT Pursuant to Section 8(b) of the Asset Purchase Agreement, dated February_, 2017 (the "Asset Purchase Agreement''), by and between THE COUNTY OF HARNETT, a body corporate and politic authorized by the laws of North Carolina ("Seller"), and KAH DEVELOPMENT 12, L.L.C ., a Delaware limited liability company ("Purchaser"), the undersigned does hereby certify that: 1. The representations and warranties of Seller contained in the Asset Purchase Agreement are true and correct as of the date hereof; and 2 . Seller has performed in all material respects all covenants and agreements required to be perfonned by it at or prior to the date hereof. IN WI1NESS WHEREOF, the undersigned has duly executed this Certificate as of the 28th day of February, 2017 on behalf of Seller and in the capacity indicated below. RALE IGH 512748.1 THE COUNTY OF HARNETT, a body corporate and politic authorized by the laws of North Carolina :;~!~--- Title: County Manager I I I I i i i I j i I I 030617 HC BOC Page 70 ATTACHMENT 5 ~;;;f);/:t>.·~'._ Harnett · ]Fl ~c ...;;_o _u ___ N_..;.r....;;.v ________________ _ . . }4_}--·' NO RTH CAROLINA RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS TOP ARTIALL Y ABANDON A PUBLIC ROAD www.harnett.org WHEREAS, the laws of the State of North Carolina, and in particular North Carolina General Statute § 136-63, authorize the Harnett County Board of County Commissioners, on its own motion or on petition of a group of citizens, to submit a request to the North Carolina Department of Transportation to change or abandon any road in the Secondary Road System when the best interest of the people of the county will be served thereby; WHEREAS, the North Carolina Department of Transportation, upon petition, investigated and recommended the partial abandonment of the below-referenced public road from the State's Secondary Road System; WHEREAS, certain provisions of North Carolina law require that a resolution be adopted by the Board of Commissioners declaring the intent of said Board to accept the recommendation to abandon such public road or easement from the State 's Secondary Road System; and WHEREAS, said Board of Commissioners called a public hearing on the question and heard all interested persons who appeared with respect to whether the abandonment would be detrimental to the public interest or to any individual property rights. NOW, THEREFORE, be it resolved by the Hamett County Board of Commissioners as follows: 2017. The Harnett County Board of Commissioners hereby approves and adopts the recommendation of the North Carolina Department of Transportation to partially abandon from the State's Secondary Road System the public road or easement which heretofore served as a portion of SR 2072 (McNeill-Hobbs Road) as herein described. The public road or easement to be abandoned is the 0.36 mile portion of SR 2072 (McNeill-Hobbs Road) from 628' ± southeast of the intersection with North Carolina Highway 210 to 1882' ± southeast of the intersection with North Carolina Highway 210 located in the Township of Stewart's Creek, Hamett County, North Carolina as is more specifically shown on the attached Exhibit A. Duly adopted by the Hamett County Board of Commissioners this 20th day of February, HARNETT COUNTY BOARD OF COMMISSIONERS strong roots • new growth 030617 HC BOC Page 71 ~le 2 G ~ ejo 9 ii I i ,, ·'§ n ' ,:~ -I ., fl& a •If :,1 • t ... :It u H l i i'!9 ~,, ~ ~;~ ~i i • -! • ;; ~ 1= . g ~!~ ~ ~!& ~ l i1 H !. ;. ~!;i ~i~ n t "'"" ~!~ 2 q'.~ ~ ~ -.... ~ ~·"t ~,~ ~ I r.l~ i ' t ~ . q :: " & ~ i. 91~ i:; 't I ., z ,~ I '2 ~,~ n U :~ 4ii u II!. ! :1: ~1; ~15 ~ ' " ..... ,. I I ,n ~lt ' t: ~ (! ~I§ i .,ll '-i ~ :1.~..:L -- ~ ·J: HI' ll ~ .. ltl! n1~ I! ~L' 8 jl 1 • ., eo g -, .. I D -; 6 II l!S _. 6 I M l:Z, ~ i . ~ ~ . f m1 'i' !?Jll l ir. ! , .. ;1( J~i t :ia •'I f~I ~2 "I : I" •,1 hi Iii .i I f;~ 1: ! I ,; .. 11 ~ ·~ ~ •I ii I{ ~ I' . ; J EXHIBIT A _, ; Ii .. ,. =!~ o:• . ~ ..... , ... ... ~,~ J i 16 ~ ~ ~ ij: n ~1,; I! ;;.!1; • r - § ! ! • n q i~ ~ g ~ 11; n ~ Ii . , .. ~ i ~ ~ H :i ~.v ., .. .. ;i, .. E !: !i i ; . ' ; ;. ; ~ ... a-dj e i ~ n ! ; n ~d ~ ~ -~ ;; i - ~ .. n ; ~ l1l "g ~ .:q a ~ ~ ~ :, ~ ~ C 't Ii : ~A ~ . ' ~ ' .... ... - l , % ~% ----~;z ""o ~ i 030617 HC BOC Page 72 HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Work Session February 14, 2017 The Harnett County Board of Commissioners met in work session on Tuesday, February 14, 2017, in the County Manager's Conference Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Gordon Springle, Chairman Joe Miller, Vice Chairman Abe Elmore, Commissioner Barbara McKoy, Commissioner Howard Penny, Commissioner Joseph Jeffries, County Manager Paula Stewart, Deputy County Manager Dwight Snow, County Attorney Allen Coats, Deputy Finance Officer Margaret Regina Wheeler, Clerk Chairman Springle called the meeting to order at 9:00 am. Commissioner Elmore led the Pledge of Allegiance and invocation. The following agenda was before commissioners: >" Fort Bragg Impact Study Update >" Proposed Zoning Change: Case# RZ-17-05, Rezoning of 15.9 acres from RA-20R to Industrial >" Hamett County Parks and Recreation Master Plan )" Cooperative Extension's request for memorial for former director Jennifer Walker >" Deputy County Manager's Report: February 20, 2017 Regular Meeting Agenda Review >" Closed Session >" Adjourn Mark Locklear, Harnett County Development Services Director, thanked the City of Fayetteville for including Harnett County in the "Impact Greater Faye tte ville" Regional Impact Analysis for Reduction of Personnel at Fort Bragg and Recommendations to Mitigate Risk. Mr. Locklear said the study is very important to Harnett County and this region. Greg McElveen with Fayetteville State U niversity and Crystal Morphis with Creative Economic Development Consulting reviewed the preliminary findings from the draft study and requested input and feedback as to areas of particular importance to Harnett County. Mr. McElveen February 14, 2017 Work Session Minutes Harnett County Board of Commissioners Page 1 of3 030617 HC BOC Page 73 acknowledged Dr. Anthony W. Wade with the City of Fayetteville who helped secure the grant for this study. Mr. McElveen and Mrs. Morphis briefly reviewed the project introduction, steering committee members, SWOT analysis, economic landscape, illustrative opportunities, troop reduction impact, target sectors, workforce development strategy, economic development strategy and next steps. Mr. McElveen also noted a reduction of 3,000 to 4,000 troops since the 2011-2012 peak. Commissioners asked that they look at the impact on monies for education and help Central Carolina Community College with access to the military personnel and their families . Mark Locklear briefly reviewed the proposed rezoning of 15.9 acres from RA-20R to Industrial, Case# RZ-17-05, Landowner/Applicant: Judy N.· Parrish/ Wayne Underwood; 22 +/-acres (consisting of two parcels, less the conservation areas); Pin #0548-67-9804.000 & 0548-67- 8393.000; From RA-20R to Industrial; NC Hwy 210 South; Lillington Township. Mr. Locklear reminded the Board that when considering a rezoning they must consider everything that could happen in "industrial". He noted that no one spoke in opposition to the rezoning during the February 6, 2017 Planning Board Meeting. Harnett County Park and Recreation Director Carl Davis said they are very excited about the new proposed Harnett County Parks and Recreation Master Plan. He said the plan is very aggressive but includes steering committee goals and framework they hope to accomplish in the next 15 years or more. Rachel Cotter with McAdams reviewed the master plan process, visions and goals, inventory and analysis, needs and demands, and recommendations. She noted this is a "living document"; a framework that presents recommendations that will evolve and change with trends. Mrs. Cotter noted recommendations within the action plan for park and facility costs are: )I" Year 1 -5 approximately $17,700,000; )"' Year 5-10 approximately $37,500,000; and )I" Year 10-15 approximately $33,720,000. Mrs. Cotter noted funding strategies include grants (PARTF, LWCF, etc.), private/corporate donations, campaign/fundraising, fee-in-lieu, developer contributions, capital budget increases, volunteerism, program and facility fees, partnership with school district, and park and recreation tax. Mr. Davis said they do not expect to spend the full amount proposed and staff will save by doing as much as possible in-house as well as looking at alternative ways of doing things. Discussions continued. Hamett County Cooperative Extension Director Tyrone Fisher requested permission to name the training room in the Agriculture Center the "Jennifer Walker Training Room" in honor of retired County Extension Director Jennifer Walker who passed away in December 2016. The Board will consider approval of this request at their upcoming regular meeting. Mr. Fischer also reminded the group of the upcoming Report to Key Leaders on February 20, 2017 at 5:30 pm. February 14, 2017 Work Session Minutes Hamett County Board of Commissioners Page 2 of3 030617 HC BOC Page 74 Deputy County Manager Stewart reviewed the proposed February 20, 2017 regular meeting agenda. Vice Chairman Miller moved that the Board go into closed session to discuss matters relating to the location or expansion of industries or other businesses in the area served by the Harnett County Board of Commissioners. This motion is made pursuant to NC General Statute Section 143-318.1 l(a)(4). Commissioner Elmore seconded the motion, which passed unanimously. Commissioner Penny moved that the board come out of closed session. Commissioner Elmore seconded the motion, which passed unanimously. Commissioner Elmore moved that the meeting adjourn at 10 :57 am . Commissioner Penny seconded the motion, which passed unanimously. Following the work session, the Harnett County Board of Commissioners attended a working lunch with Campbell University's Executive Cabinet to provide updates and discuss partnerships. Gordon Springle, Chairman Margaret Regina Wheeler, Clerk Fe bruary 14 , 2017 Work Session Minutes Harnett County Board o f Commissioners Page 3 of 3 030617 HC BOC Page 75 030617 HC BOC Page 76 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30 , 2017 ; Section 1. To amend the General Fund , Health Department, the appropriation s are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7600-441.60-33 Materials & Supplies $ 4 ,000.00 110-7600-441.60-46 Medical Supplies $ 1,990 .00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-0000-331 . 76-01 WIC-Client Services $ 5,990.00 EXPLANATION : To budget additional State funds received for WIC -Client Services . APPROVALS: ;.\'t \ 11 9tlhw}, .f- Department Head (date ) County Manager (Date) Section 2 . Copies of this budget amendment shall be furnished to the Clerk of the Board , and to the Budget Officer and the Finance Officer for their direction . Adopted this Margaret Regina Wheeler, Clerk to the Board day of ,2017 Gordon Springle, Chairman Harnett County Board of Commiss ion ers 030617 HC BOC Page 77 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett. North Carolina. tha11he following amendment be made lo the annual budget ordinance for the fiscal year ending June 30. 2017 : Section 1. To amend the Airport Capital Reserves CPl 302 , the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 30 l -8300-406-90-03 Cooital Project $66,667 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 301-0000-389-10-00 lnterfund Transfer General Fund $66,667 EXPLANATION: To budget County FY201 7 allocation for the Airport Capital Reserve Project. APPROVALS: Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board , and to the Budget Officer and the Finance Officer for their direction. Adopted _________________ _ Margaret Regino Daniel, Clerk to the Board C. GORDON SPRINGLE, Chairman Harnett County Boord of Comm 030617 HC BOC Page 78 234-7411-465 -BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2017 : Section 1. To amend the Harnett County WIOA Dislocated Program Fund, the appropriations are to be changed as follows : --AMOUNT AMOUNT EXPENDITURE CODE NUMBER · DESCRIPTION OF CODE INCREASE DECREASE 234-7411-465.32-73 Training (ITA) Voucher 12,000 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 2 34-0000-331. 7 4-11 Dislocated Worker 12,000 EXPLANATION: To adjust FY2017 budget to reflect addition WIOA funds . ~ UMh 2/7 /17 1,.. ~ '1J) "1 Department Head (date) Financ Officer (date) County Manager (date) Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler Clerk to the Board day of Gordon Springle, Chairman Harnett County Board of Commiss ioners 030617 HC BOC Page 79 234-7410-465 -BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2017: Section l. To amend the Harnett County WIOA Adult Program Fund, the appropriations are to be changed as follows: AMOUNT AMOUNT EXPENDITURE CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 234-7410-465.32-73 Training (ITA) Voucher 6,000 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 2 34-0000-331. 7 4-10 Adult Program 6,000 EXPLANATION: To adjust FY2017 budget to reflect addition WIOA funds. ('hattdiI Ut1..t!h 2n111 ~~.AL..J,.!,L::5.4:::::::=.!..-=t.~ 2.0 n __ 9_...,,<_{J._..,.,:.._ __ :2._-;; r')-l'J Department Head (date) icer (date) County Manager (date) Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler Clerk to the Board day of Gordon Springle, Chairman Harnett County Board of Commissioners 030617 HC BOC Page 80 BUDGET ORDINANCE AMENDMENT BE IT ORDA IN ED by the Governing Board of the County of Harnett. North Carolina. that the following amendment be made to the annual budget o rdinance for the fisca l year ending June 30. 20 I 7 Section 1. To amend the Harnett County General Fund. the appropriations are to be changed as follows : EXP ENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE I 10-4150-410.11-00 Administration Salaries & Wages $6,000 110-4150.410.12-00 Administration Part-time Salaries & Wages $600 l 10-4155-4 10.11-00 Legal Salaries & Wages $2.400 110-4250-410.1 1-00 Human Resources Salaries & Wages $3,600 110-4300-410.11-00 Boord of Election Salaries & Wages $4.800 I lQ..4400-410.11-00 Finance Salaries & Wages $16,800 l 10-4500-410.11-00 Tax Salaries & Wages $24.000 I 10-4500-410. 12-00 Tax Port -time Salaries & Wages $600 110-4600-410.11 -00 General Services Salaries & Wages $2.400 110-4610-410.11-00 Fleet Maintenance Salaries & Wages $2.400 110-4610-410.12-00 Fleet Maintenance Port-lime Salaries & Wages $600 110-4650-410.11 -00 Transportation Salaries & Wages $12.000 I 10-4650-4 10.12-00 Transportation Port-time Salaries & Wages $13.800 l l 0-4651-410.11 -00 Transportation Admin Salaries & Wages $3.600 I 10-4700-410.11-00 Facilities Maintenance Salaries & Wages $14,400 11 0-4800-410. I 1-00 Register of Deeds Salaries & Wages $10,800 l 10-4900-410.11-00 IT Salaries & Wages $16,800 l 10-4910-410.11 -00 GIS Salaries & Wages $9,600 110-5100-420.11-00 Sheriff Salaries & Wages $139.200 110-5100-420.12-00 Sheri ff Port-lime Salaries & Wages $6.000 110-5104-420.11-00 Child Support Enforcement Salaries & Wages $1 .200 l l0-5110-420.11-00 Communications Salaries & Wages $24,000 110-5110-420.12-00 Communications Port-time Salaries & Wages $1.800 110-5115-420.11-00 School Resource Officers Salaries & Wages $13.200 110-5120-420. I 1-00 Jail Salaries & Wages $60,000 I I 0-5120-420.12-00 Jail Part-lime Salaries & Wages $600 110-5300-420.1 1-00 Emergency Services Salaries & Wages $10,800 I I Q..5300-420. 12-00 Emergency Services Port-time Salaries & Wages $1 ,800 1 10-5400-420. 1 1-00 EMS Salaries & Wages $70.800 1 10-5400-420.12-00 EMS Part-lime Salaries & Wages $21,600 030617 HC BOC Page 81 110-5500-420.11-00 Animal Services Salaries & Wages $8.400 110-5500-420.12-00 Animal Services Part-time Sa laries & Wages $1.200 110-6700-429 .11-00 Soil & Water Salaries & Wages $3.600 I 10-7100-465.11-00 Industrial Development Sa laries & Wages $1.200 110-7200-465 . 11-00 Development Services $2 1,600 110-7501-441.11-00 Department on Aging Salaries & Wa ges $1.200 I I0-7510-441.11-00 RSVP Salaries & Wages $2.400 I 10-7550-44 1.11-00 CAP Salaries & Wages $4,800 110-7552-44 1.1 1-00 Nutrition For Elderly Salaries & Wages $1.200 I I0-7600-441.11-00 Health Salaries & Wages $68,400 1 I 0-7700-441. 11-00 DSS Salaries & Wages $200,400 1 I 0-7700-44 1. 1 2-00 DSS Part-time Salaries & Wa ges $3.000 110-7800-441.11-00 Veterans Salaries & Wa ges $3,600 I I 0-8100-450.1 1-00 Library Salaries & Wages $9.600 110-8100-450.12-00 Library Part -time Sala rie s & Wages $4,200 110-8200-450.1 1-00 Parks & Rec Salaries & Wages $6.000 1 10-8200-450.12-00 Parks & Rec Part-time Salari es & Wa ges $1.800 110-5101-420.11-00 C a mpbell Deputies $6.000 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE I 10-0000-399 .00-00 Fund Balance Appropriated $838,800 110-0000-356.20-00 Campbell Deputies Reimbursements $6.000 EXPLANATION: To budget the one time bonus for port-time and full time employees that the Board of Commissioners opproved. APPROVALS : Dept Head (date) Section 2. Copies of this budget amendment sh all b and the Finance Officer for their direction. ~~ ~,.:;.?-17 te~I~ c~~te) ·'1. iu \ 1 furn1she to the Clerk to the Boord. and to the Budget Officer Adopted _________________ _ MarQaret ReQino Wheeler. Clerk to the Board Gordon SprinQle. Chairman Harnett County Board of Commissioners 030617 HC BOC Page 82 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Boord of the County of Harnett. North Carolina. that the following a mendment be mode to the annual budget ordinance for the fiscal year ending June 30 , 20 I 7 Section 1. To amend the Solid Waste Management, the appropriations are to be changed as follows : EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 580-6600-461 . 11 -00 Salaries & Wages $18,000 580-6600-461 .12 -00 Salaries & Wages Port-time $1.800 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 580 -0000-399 .00-00 Fund Balance Aooroprioted $19 .800 EXPLANATION : To budget th e one time bonus for Full Time and Port -time employees that the Boord of Commissioners approved. APPROVALS : Di&( Section 2. Copies of this budget ame ndment shall be Finance Officer for their direction. ~ .7 -?'l-17 r (d~_11_2..j2.0 l "1 ContyM~(date) is hecilo the Clerk to the Boord. and to the Budget Officer and the Adopted ___________________ _ Margaret Regina Wheeler. Clerk to the Boord Gordon Springle. Chairman Harnett County Boord of Commissioners 030617 HC BOC Page 83 BUDGET ORD INANCE AMENDMENT BE IT ORDAINED by the Governing Boord of the County of Hornell. North Carolina. !hot the following amendment be mode lo the annual budget ordinance for the fisc al year ending June 30. 2017 Section 1. To amend the Employee Clin ic Fund , the appropriations are to be changed as follows : EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 904-9802-4 l 0. l 1-00 Salaries & Wooes $1,200 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 904-0000-399 .00-00 Fund Balance Aooroprioled $1 .200 EXPLANATION: To budget the one lime bonus for Employee Iha! !he Board of Commiss ioners approved. APPROVALS : {f--1~ /·r91-/I) l_oJe) l County lv\onoger (dole) 1-1. 'l,:. '1.-).0 \ ., Dept Head (dole) Section 2. Copies of this budget amendment sholl be furnished l o lhe Clerk lo the Board . and lo the Budget Officer and the Adopted __________________ _ Margaret Regino Wheeler, Clerk to the Boord Gordon Springle . Chairman Harnett County Boord of Commissioners 030617 HC BOC Page 84 BUDGET ORD INANCE AMENDMENT BE IT ORDAI NED by the Governing Board of the Count y of Harnett, North Caroli na. that the followi ng amendmen t be made to the annual budget ordinance for the fiscal year ending June 30, 2017 Sectio n 1. To amend the Public Utilities Fund, the appropriations are to be changed as follows : EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 531-9000-431.11-00 Admin /CSR/M e t er SVCS Salaries & Waqes $38.400 531 -901 5-431.11-00 Water Tea tmen t Sa laries & Waqes $13,200 531-9020-431 .11 -00 Wastewater Treatment $1 3,200 531 -9021-43 1.1 1-00 WateWater Treatment SH WW $1 0,800 53 1-9025-431.11-00 Dis tribution $1 6,800 531 -9030-43 l .11 -00 Collections $30 .000 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 531-0000-399.00-00 Fu nd Bala n ce Aooro oriated $1 22.4 00 EXPLANATION : To budget the one l ime bonus for Employees that th e Board of Commission ers approved. Section 2. Copies of this budget amendment shall be fu Finance Offi cer for their direction. Adopted ___________________ _ Margaret Regina Wheeler, Clerk to the Board County Manager (dote) Gordon Springle , Chairman Harne tt County Board of Commissioners 030617 HC BOC Page 85 234-7407-465 -BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2017 : Section 1. To amend the Harnett County WIOA Youth Program Fund , the appropriations are to be changed as follows : AMOUNT AMOUNT EXPENDITURE CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 2 34-7 407 -465 .58-14 Travel Adm in 1700 234-7407-465 .11-00 Salaries & Wages 1700 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To decrease -58 -14 Travel Admin -$1700To increase 11-00 Salari es & Wages to cover Department Head (date) ~ 0--,?-.27-1 ? Cou nty Manager (date) Section 2. Copies of this budget amendment shall be furn ished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for the ir direction. Adopted this day of Margaret Regina Wheeler Cle rk to the Board Gordon Springle, Chairman Harnett County Board of Comm iss ioners 030617 HC BOC Page 86 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2017 : Section 1. To amend the Transportation Budget, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-4650-410.60-33 Materials & Supplies $840 110-4900-410.44-23 Building & Equip -Depts $840 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION: To cover the expense of le asing Tran sportation computers for the remainder of Fiscal Year 2017. APPROVALS : 2.2.{2>1, 9£b= 2,,:)1)..17 Cou~aflager (date) Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this-------day of _______ _, 2017. Margaret Regina Wheeler Clerk to the Board Gordon Springle, Chairman Harnett County Board of Commiss ioners 030617 HC BOC Page 87 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett. North Carolina. that the following amendment be mode to the annual budget ordinance for the fiscal year ending June 30. 2017 Section 1. To amend the General Fund, Sheriffs Department, the appropriations are to be changed as follows : EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 11 0-0000-331.51-33 2015 Edward Byrne Grant $3,159 100-0000-399 .00-00 Fund Balance Appropriated $3,159 EXPLANATION: To decrease Fund Balance Appropriated to reimburse County for purchases that was mode for the 2015 Edward Bryne Grant in FY 2015-2016. The county just received payment from DOJ on 02/ 17/2017. APPROVALS: ~ ;2-9-9-f? ~~sk-h~ .. ,? ho/i; Dept Head (date) nee Office (daj~ ~ eounti7nager (date) -'1').; to'l Section 2. Copies of this budget amendment shall furnished t the Clerk to the Board. and to the Budget Officer and the Finance Officer for their direction. Adopted __________________ _ Margaret Regina Wheeler. Clerk to the Board Gordon Springle. Chairman Harnett County Board of Commissioners 030617 HC BOC Page 88 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2017; Section 1. To amend the General Fund , Health Department, the appropriations are to be changed as follows : EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 110-7 600-441.11-00 Salaries & Fringes $ 13,720.00 110-7600-441.21 -00 Group Insurance $ 1,000.00 110-7 600-441.21-05 Clinic $ 50.00 110-7600-441.21-07 Dental $ 50.00 110-7600-441.22-00 FICA $ 1,000.00 110-7600-441.23-00 Retirement $ 1,000.00 110-7600-441.23-01 Supplemental $ 200.00 110-7600-441.25-10 Unemployment $ 200.00 110-7 600-441. 2 6-08 Worker's Comp $ 100.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 11 0-0000-331. 76-11 Immunization $ 17,320.00 EXPLANATION: To budget additional IAP State funds APPROVALS: tL 10\l ~ ;J-,?f}-/'J Co~ ger(Date) Department Head (date) Section 2. Copies of this budget amendment shall be furnished to the Clerk of the Board , and to the Budget Officer and the Finance Officer for their direction. Adopted this M argaret Regina Wheeler, Clerk to the Bo ard day of ,2017 Gordon Springle, Chairman Harnett County Board of Commissioners iq1b 030617 HC BOC Page 89 030617 HC BOC Page 90 030617 HC BOC Page 91 Da t e r un : 2/ 1 /2 0 1 7 8 :46 : 1 7 AM Da t a as of : 1/ 3 1 / 2 0 1 7 6 :36 :42 PM Re p o r t Pa r a m e t e r s : Da te Se n t to Fi n a n c e St a r t : Mi n - Ja n u a r y 1, 20 1 5 Ta x Di s t r i c t : HA R N E T T CO U N T Y TR - 4 0 1 E Ne t Co l l e c t i o n s Re p o r t NC P T S V4 Da t e Se n t to Fi n a n c e En d : Ma x - Ja n u a r y 31 , 20 1 7 Ab s t r a c t Ty p e : RE I Le v y Ty p e : LA T E LI S T PE N A L T Y , SO L I D WA S T E FE E , TA X Ta x Ye a r : 20 1 6 Ye a r Fo r : 20 1 6 , 2 0 1 5 , 2 0 1 4 , 2 0 1 3 , 2 0 1 2 , 2 01 1 , 20 1 0 , 20 0 9 , 20 0 8 , 2 0 0 7 , 2 0 0 6 , 20 0 5 , 2 0 0 4 , 2 00 3 , 20 0 2 , 20 0 1 , 20 0 0 , 19 9 9 , 1 9 9 8 , 1 9 9 7 , 1 9 9 6 Co l l a p s e Di s t r i c t s : N De f a u l t So r t - B y : Ta x Ye a r Gr o u p i n g : Ta x Di s t r i c t . L e v y Ty p e TA X DI S T R I C T : HA R N E T I CO U N T Y LE V Y TY P E : LA T E LI S T PE N A L TY 20 1 6 0 .00 38 7 .73 7, 84 6 .99 46 .13 6 .82 2 .61 0 .00 51 4 .49 329.28 1 ,5 26 .55 3 9 .02 % Su b . o .oo 38 7 .73 7, 8 4 6 .99 46 .13 6 ,82 2 .61 0 .00 51 4 .49 329.28 1 ,52 6 .55 39.02 % TA X DI S T R I C T : H A R N E T I CO U N T Y LE V Y TY P E : SO L I D WA S T E FE E 20 1 6 0. 0 0 3 ,63 8 . 4 6 0 .0 0 19 , 4 1 5 .00 91 0 . 0 0 7, 5 1 5 .00 0 .00 3 ,31 7 .39 7 .52 32 4 ,912.48 16 ,66 0 . 0 0 8.92% Su b . 0. 0 0 3 ,63 8 , 4 6 0 . 0 0 19 , 4 1 5 .00 91 0 .00 7, 5 1 5 .00 0 .00 3, 3 1 7 , 3 9 7 .52 32 4 ,912 .48 16 ,66 0 . 0 0 8.92% PA G E 1 o f 2 030617 HC BOC Page 92 TA X DI S T R I C T : HA R N E T T CO U N T Y LE V Y TY P E : TA X 20 1 6 0 .00 51 ,4 8 8 .15 2 .6 0 23 9 , 9 6 7 . 09 19 ,36 0 . 0 7 14 9 ,20 5 .85 0. 0 0 4 8, 6 7 7 , 0 7 1 .2 1 3 ,04 8 ,097 .87 3 4 7 ,13 7 .79 5.89% Su b . o .oo 51 , 4 8 8 ,15 2 .60 23 9 , 9 6 7 .09 19 , 3 6 0 .07 14 9 ,20 5 .85 o. o o 48 ,6 77 ,07 1 .21 3, 0 4 8 ,097 .87 34 7 ,13 7 .7 9 5 .89% To t a l 0 .00 55 ,1 27 , 0 0 0 . 3 3 26 7 , 2 2 9 .08 20 ,31 6 .20 16 3 , 5 4 3 .46 0 .00 51 , 9 9 4 ,98 3 .2 2 3 ,37 3 ,339 .63 36 5 , 3 2 4 .34 6 .09% Si g na t u r e (T a x Co l l e c t o r ) PA G E 2 of 2 030617 HC BOC Page 93 030617 HC BOC Page 94 Office of the Sheriff of Harnett County Sheriff Wayne Coats Harnett County Detention Center Capt. Bill Grady PO Box 899 175 Bain Street, Lillington, NC 275 46 Phone: 910-898-025 0; Fax : 910-814 -181 4 This Detention Center Health Plan is hereby approved as of by the Hamett county Sherriffs Office and by the health director of the Harnett County Department of Public Health. _t .............. 1_ r>~-'___./cc___:d__--=--_____ Date o?-/d· ~6) 7 H~ySheriff ~n~ Date d -(3 -t?&(> This Detention Center Health Plan is hereby adopted by the Hamett County Board of Commissioners this the __ day of ______ _ Chairman Attest: ---------Clerk to the Board ·-· (9 030617 HC BOC Page 95 ( Harnett County Detention Center Detention Center Health Plan The compliance with this Detention Center Health Plan is the joint responsibility of the Harnett County Sheriff, and Southern Health Partners, Inc . (sometimes hereinafter referred to as "SHP"), the contracted provider of care to the inmates of the Harnett County Detention Center. Receiving Screening Upon the arrival of each inmate at the Harnett County Detention Center, a preliminary health assessment (Receiving Screening) will be performed by correctional officers. At a minimum, the assessment w ill include the following : Documentation of current illnesses and health problems including medications taken and sp~cial health requirements. Documentation of mental health problems , dental problems and allergies . Behavior observation , including state of consciousness , mental status , appearance, conduct , tremors , and sweating . Inquiry into use of a lcohol and other drugs, including types , methods , date/time last taken and problems arising out of use . Notation of body deformities and ease of movement. Observation of persistent cough or lethargy as well as an inquiry to unintentional weight loss , night sweats and known e xposure to TB . Inqu i ry as in known communicable diseases including sexually transmitted disease . 030617 HC BOC Page 96 ( Condition of skin including, trauma markings, bruises, lesions , jaundice , rashes and infestations, and needle marks or other indications of drug abuse. Status classification to succinctly identify the inmate's health status. Referral of the inmate for emergency health services or additional health services , as may be necessary . If as a result of the receiving screening it is apparent that an inmate requires medical attention , then the inmate will immediately be referred for treatment. The appropriate level of treatment (i .e. treatment in-house by a member of the professional health services staff or referral to a hospital or other community-based health service) should be made after a thorough evaluation of the inmate's condition. Health care standards require that information regarding access to health care services be communicated orally and in writing to inmates upon their arrival at the correctional facility. To meet these standards, SHP will use notices, printed in both English and Spanish . These will be posted in the Intake area advising them of how to access the health care delivery system , in addition to the verbal and written/documented notification which is provided at booking. Daily Triaging of Complaints In order to ensure that inmate health problems and requests are addressed promptly, appropriately and efficiently , we use a structured triage procedure, proven effective in other correctional settings. Our Medical Director (Physician) always oversees the triage system that is followed by all health care personnel. This ensures that the inmates receive the appropriate level of care and that their complaints are properly processed and resolved . 2 030617 HC BOC Page 97 Inmates have the ability to access the triage system by submitting a health care request form. These requests are received and processed daily by the health care staff, and as a first step in the triage system the inmate is then seen by a member of the professional nursing staff and appropriate treatment is administered within the scope of the Nurse Practice Act. Those inmates requiring a higher level of service will be referred to the physician , physician assistant, or other appropriate professional practitioner in a timely manner. If the Physician or other practitioner determines that the inmate 's medical needs are more extensive or specialized than can be addressed within the facility's health care program , an appropriate referral to outs ide medical services will be provided . Sick call must be conducted on-site by a physician, nurse practitioner or a physician assistant under the direction of a physician . The majority of inmates to be seen by the physician will have been screened as part of the formal triage system . However, this will not preclude an inmate who had not been triaged or who has a sudden or acute problem , from seeing the physician during the time the physician is on-site at the facility. Appropriate documentation will be recorded and maintained for all inmates seen at sick call. This information will be incorporated into the inmate's medical record as appropriate. An inmate's medical record will contain appropriate entries completely documenting each sick call encounter (i.e., an inmate's specific health request, the assessment of the health care professional who saw the inmate , the prescribed treatment plan , and any follow-up encounters). This will ensure that all inmates ' health requests are promptly and properly handled , documented , and followed through to a satisfactory resolution . 3 030617 HC BOC Page 98 Special Medical Program We will provide all special health care services required including, but not limited to , care for inmates who are chronically or terminally ill , physically handicapped , developmentally disabled or inmates with special mental health needs or convalescing inmates. Individual treatment plans will be developed for all chronically ill , terminally ill and convalescing inmates. Examples of chronic illness include diabetes , hypertension , asthma and epilepsy. Convalescing inmates include those recovering from fractures , inpatient surgical procedures , and hepatitis and other commun icable diseases. The type of treatment will be determined by the needs of the individual inmate , but may include such things as medications , special diets , physical therapy, laboratory tests or dressing changes . Each treatment plan will be initiated by the physic ian and will be detailed in the individual's medical record . We will keep a list of inmates with special needs and maintain schedules for medical treatment in accordance with our established protocols for each illness . For example , daily blood sugars are obtained on all diabetics receiving insulin , Dilantin levels are monitored monthly on epileptic inmates , and blood pressure evaluations are performed as clinically indicated on inmates receiving anti -hypertensive drugs . Medical determination of a tendency towards suicide or a history of seizures will result in the inmate being assigned to quarters that have close supervision. We realize that communicable diseases, such as tuberculosis (TB), HIV and hepatitis require special attention in inmate popu lations . We have developed an Infection Control Program that incorporates education , diagnosis and treatment of inmates . Screening for TB and/or HIV occurs at time of intake , if conditions indicate that such testing is necessary . Neither North Carolina nor Federal laws specifically require HIV testing upon request ; however we feel that the most prudent course to take would be to make testing available but limit it by leaving the decision to the medical staff. 4 030617 HC BOC Page 99 Data supports that our inmate population has a higher than usual incidence of sexually transmitted disease . This is addressed in the medical intake screening and then in more dependent upon the H&P. If at the time of intake, the H&P o r any time complaints of that nature is offered. We will then initiate testing and or treatment. This is usually determined by the site 's MD if inmate is to be evaluated at the local Health Department Our Infection Control Program includes, but is not limited to: Surveillance procedures to detect inmates with infectious and communicable diseases, appropriate immunizations to prevent these diseases and proper treatment and care for inmates with these diseases . The decontamination of medical equipment and proper disposal of sharps and medical bio-hazardous wastes . Used by the medical staff, or determined by the medical staff to be considered bio -hazardous waste . Strict adherence to universal precautions by health care workers to prevent exposure to blood -borne pathogens . Notifying the local county health department of confirmed cases of all STD , TB, HIV, Hepatitis , Listeria E-coli, MRSA, as well as other disease reportable according to the DHHS 2124 criteria. We will also dispose of all medically-related infectious and hazardous waste in accordance with all state and federal regulations . We follow and assure compliance with Occupational Health and Safety Administration (OSHA) guidelines for infection control procedures. 5 030617 HC BOC Page 100 ( Pharmaceuticals and Medical Supplies An agreement has been set in place to order all prescribed medications from a contracted pharmacy vendor. Any STAT medications may be ordered from a local pharmacy provider. STAT medications are classified as medications which need to be started immediately and a supply of such medications is not currently on-site within the medical unit. The pharmacy vendor will supply the SHP Formulary and ordering sheets to the facility for the placement of orders . All orders received before 3:00 p .m. EST, will be shipped out for next day delivery. SHP shall comply with all applicable state and federal regulations regarding the prescribing , dispensing , administering, and procuring of pharmaceuticals. All employees must review the ordering procedures for pharmaceuticals. No medications will be ordered without a physician's order. All re-orders must be approved through the physician also. Medications are prescribed only when clinically indicated, not for disciplinary purposes . All pharmaceuticals must be stored appropriately, in accordance with their storage instructions (i .e. refrigeration, etc .). Security storage (under lock and key) must be maintained for all prescribed medications. Only the nurse and health services staff will have access to the medications . If applicable, a key may be given to security in case of emergencies . All narcotics are to be kept under separate lock and key from other medications . Application I for the registration to comply with the North Carolina Controlled Substance Act will be submitted at which time the N.C. Department of Health and Human Services then schedules an onsite inspection and upon the evaluation. The N.C .D.H.H.S will notify the Detention Center of the requirements that they must implement to be granted permission . The nurse and Medical Director as needed should perform a periodic review of all pharmacy orders . A narcotic count must be performed on a regular basis and the nurse and/or physician should review all reports . Copies of all count sheets are to be kept on file for review and/or audit. 6 030617 HC BOC Page 101 ( All expired pharmaceuticals must be destroyed accordingly. The pharmacy vendor will perform this service on a quarterly basis , or sooner if needed . The nurse must call the pharmacy directly to the schedule this services when needed . Also, a Sharps Count must be kept by all nursing staff with all count sheets to be kept on file for review and/or audit. Diabetic inmates may be allowed to draw and administer their own insulin under the supervision of a health care staff member , and/or under security 's approval. All pharmaceuticals will be maintained in the medication room and only personnel authorized to give medications will have access to this area . The medication room area will be locked at all times and only authorized personnel will have keys. The pharmacist will be responsible to select all generic equivalent drug products used in the correctional facility. All drug products utilized will be those of a certified Food and Drug Administration approved manufacturers. In addition, the pharmacy vendor will conform to all federal laws , State statutes , and the state Board of Pharmacy regulations concerning drug products . All drug recalls will be the responsib ility of the pharmacist. Collection and return of recalled drugs will be the pharmacists ' responsibility at the dispensing level and the nurse 's responsibility , upon notification, at the drug administrator level. All outdated , unused , deteriorated drugs will be the responsibility of the pharmacist to return and destroy during their quarterly inspections. Control substances returned or otherwise destroyed will be in compliance with federal and state regulations. The pharmacy vendor according to the State Pharmacy Law shall label all prescription . Each prescription will contain the following information: Name/address of the dispensing pharmacy ; Name of the prescriber; Name of patient ; Directions for use ; Date the prescription was originally filled ; Name of drug and strength . All floor stock shall be reviewed and authorized by the Medical Director. Floor stock will be issued as non -prescription floor stock , prescription floor stock , and emergency floor stock drugs. Only persons authorized to prescribe within the state with the facility is located may order floor stock to be kept within the medical unit. 7 030617 HC BOC Page 102 Emergency Medical, Dental, and Mental Health Certain members of the professional health care staff, including the physician, will have twenty-four (24) hour on-call responsibility for any emergency that may arise. In the event of an emergency or in response to any medical need, the nursing on-call staff must be called and will immediately respond by telephone to work with security staff to evaluate the inmate. Other appropriate medical personnel will be notified if necessary. The inmate will be transferred to a hospital emergency room for further treatment, if clinically indicated and agreed to by the SHP on- call medical authority . When emergency transportation is required, medical personnel will decide whether an ambulance or security van is required and coordinate appropriate transportation with the corrections administration and security. However in the event where the correctional officer feels that the services of EMS is required , and the medical staff is not present to address the situation , then the correctional officer should make provisions for emergency transport without the hesitation of notifying the medical staff. Dental Care Dental treatment shall be provided according to an established treatment plan/order, and based on established priorities . Consultation to the dentist and/or dental specialist will be available. Dental treatment will be scheduled on an as needed basis , for the earliest appointment time available . Medical staff should notify the dentist of requested treatment in advance of services being performed . The Medical Director will review all prescriptions for approval. Any substitutions for prescribed narcotics/medications should be confirmed with the Dentist, but may just be changed by the Medical Director to confirm with the Detention Center policy (limits on narcotics , etc .). 8 030617 HC BOC Page 103 ( Mental health and chemical dependency withdrawal Inmates reporting the use of alcohol , opiates, stimulants, sedatives, hypnotic drugs, or other substances will be evaluated for their degree of reliance upon and potential for withdrawal from these substances and possible intoxication or overdose . Upon completion of the screening process, patients indicating such uses must be immediately referred to the medical staff for further evaluation and treatment. Detoxification will be carried out only under medical supervision and initiated by the medical staff with physician overview on an individual care basis . All detainees found to be demonstrating the signs and symptoms of drug/alcohol withdrawal will be seen by the Medical Director and his treatment plan will be followed . Inmates experiencing severe , life threatening intoxication or withdrawal must be seen by the Medical Director and upon his orders may be transferred to a licensed acute care facility , or the local emergency room for treatment. The Detention Center Administrator must receive authorization of this transfer. Detox inmates must be monitored on a consistent basis and all finding charged in his/her medical record. Documentation of the patient's status during detoxification is very important and must be reviewed by all medical staff members when needed in order to maintain patient care while incarcerated . Detox inmates may be referred to the designated mental health provider or a local program for assessment regarding dependency issues . Pregnant females who have drug/alcohol dependency will promptly be referred to the Medical Director for appropriate treatment methods . The Medical Director may have established treatment protocols . Inmates who are on Methadone will be referred to the Medical Director for appropriate withdrawal treatment plans to be used . Medical staff will verify a patient's history and medication prior to inception of services. Physician will review the information and make referrals as appropriate . 9 030617 HC BOC Page 104 Treatment services may include on-site and/or off-site crisis intervention . Not all treatments include the prescribing of psychotropic medications. Crisis intervention is to be initiated if patient is a threat to themselves and others. Pregnant Inmates All verified and confirmed pregnant inmates will be referred to the designated prenatal clinician who can provide obstetric services including regular prenatal care, medical exams, activity level advice, safety precautions, nutrition guidance and counseling. The inmate will be prescribed prenatal vitamins while incarcerated and applicable laboratory and diagnostic testing will be performed. The Detention Center Administrator must be notified of the inmate's pregnancy and on-going treatment. Corrections Officers should be alerted to the inmate's due date as it approaches and she should be under close observation around that time. Medical staff will document inmate 's previous health history and other births . An outside specialty clinic visits will also be documented and noted in the patient's chart, along with services rendered noted in the file . Medical staff must utilize the Pregnancy Flow Sheet to monitor the pregnancy . The Medical Director should review the flow sheet on a consistent basis , maybe at the established chronic clinics reviews . Pregnant inmates needing obstetric services will be referred to the local County Health Department. The designated mental health provider may be asked to participate in the treatment plan regarding the patient. Issues which may be discussed are any psychotropic medications needs and/or depressions issues the patient may experience due to separation from the baby after the birth. Medical Records All medical records will be kept in the medical unit or, if inactive, in a secure place accessible to medical personnel. For period of seven years . The Detention Center Administrator should be consulted as to the space needed for the storage of inactive files. 10 030617 HC BOC Page 105 ( All medical encounters will be entered into the medical record using a narrative , pathways or S .O.A.P . format. The medical record will contain the following elements and all laboratory reports , consult reports, discharge summaries, and diagnostic studies will be reviewed and initialed by the physician before placement in the medical record. 1. Master Problem List (if a chronic condition patient); 2. Receiving Screening form ; 3. Admission Data/History and Physical Assessment form ; 4. Physicians' Orders form ; 5 . Progress Notes; 6. Laboratory studies ; Diagnostic studies; Dental records; 7 . Psychiatric and psychological reports ; 8. Consultant's reports; x-ray reports; 9. Medication Administration Records ; 10. Consent forms ; Discharges summaries ; 11. Release of Responsibility and Authorization for Release of Information Forms ; 12 . Sick Call Request forms ; 13. Specialized treatments plans ; 14 . All other relevant and medically related materials; 15 . Transfer forms When an inmate is reincarcerated , the prior record, if one exists , will be reactivated and reviewed by the medical staff. The inmate will have one (1) medical record that contains a record of all medical services that are rendered. All forms must be signed and dated appropriately . Confidentiality of Health Records HIPAA regulations apply to any protected health information such as information that concern's a person ' social security number, date of birth, physical or mental health, healthcare, or payment information that could be used to identify an individual. That information must be blocked from a disclosure of such information . While individuals are in a correctional institution, SHP can use or disclosure an inmate's protected health information to the medical unit of another correctional institution for the following reasons : 11 030617 HC BOC Page 106 ( ( Provision of health care services; 1. Health and safety of the inmate or other inmates ; 2 . Health and safety of correctional institution personnel ; 3. Health and safety of those personnel responsible for transporting or transferring of inmates; 4 . Law enforcement on the institution's premises ; 5 . The administration and maintenance of the safety , security, and good order of the institution. N.C.G.S 130A 143 has strict confidentiality to information about reportable communicable diseases. The public health regulations authorize a local health department director to notify the sheriff if a detention inmate has certain communicable diseases . This regulation excludes HIV infection and AIDS. The disease must represent a significant threat to the public health. Further, if an inmate has escaped from custody, HIPAA does not restrict the use or disclosure of an inmate's medication information. In such situations, the correctional institution may use or disclose the inmate's personal medical information as long as that use or disclosure is consistent with applicable law and standards of ethics . The inmate's medical record is considered confidential and may not be shared with unauthorized individuals or agencies without the inmate 's written consent. Training will be extended to all staff upon orientation as to the importance of maintaining medical confidentiality. Confidentiality Specific to HIV infection and AIDS 1. Any information and records, especially medical records that might identify an inmate as HIV infected, will be kept strictly confidential. a . The above reflects North Carolina's Law. Federal courts have recognized that inmates retain the right to privacy that protects against the disclosure of sensitive medical information. 2 . Detention center medical staff only under the following circumstances may release the inmates HIV status : a. Release is made to health care personnel who are providing care to this inmate. 12 030617 HC BOC Page 107 b. Release is made with the inmate's written consent or the written ( consent of the inmate 's guardian. c. Release is made pursuant to a subpoena or court order . Note : If an exposed officer learns from the detention center physician or private phys ician that an inmate is HIV infected , he or she must keep that information strictly confident ial. The reason for telling the officer is to permit effective treatment and counseling . It is a misdemeanor if the officer discloses this information to another officer. The only exception to the confidential ity law is N.C.G.S . 53A 222 allows inspectors with the Detention Center and detention branch to see an inmate 's medical record unless the inmate objects in writing . Before inspectors may review the inmate must be informed in writing of his r ight to object Privacy All medical evaluations and services are to be performed in as much privacy , with respect to security issues , as possible. The discretion is with the Medical Director, physician , or nurse providing the service. Security personnel may be present if the patient poses a probably risk to the safety of the medical staff or others . Instruction on maintaining confidentiality is given to security staff that observes or hears health encounters . When cell side triage is required , medical staff must take extra precautions as to promote private communication with the inmate . Handling of Intoxicated Inmates Upon complet ion of the screening process , patients indicating such uses must be immediately referred to the medical staff for further evaluation and treatment. 13 030617 HC BOC Page 108 / I Detoxification will be carried out only under medical superv1s1on and initiated by the medical staff with physician overview on an individual care basis . All detainees found to be demonstrating the signs and symptoms of drug/alcohol withdrawal will be seen by the Medical Director and his treatment plan will be followed. Inmates experiencing severe , life threatening intoxification or withdrawal must be seen by the Medical Director and upon his orders may be transfer red to a licensed acute care facility , or the local emergency room for treatment. The Detention Center Administrator must receive authorization of this transfer. Pregnant females who have drug/alcohol dependency will promptly be referred to the Medical Director for appropriate treatment methods . The Medical Director may have established treatment protocols . Inmates who are on Methadone will be referred to the Medical Director for appropriate withdrawal treatment plans to be used. Training for Officers Training programs should be providing by a Detention Cente r training coordinator or through programs funded by the county or state (depending upon the facility resources). All training programs provided by SHP must be documented and the Detention Center training coordinator will keep attendance rosters . Upon request by the Detention Center Administrator, SHP in a joint effort along with other available entities will provide the following training : First Aid ; Suicide Prevention ; CPR; Screening Techniques ; Health Referrals ; Medication Administration ; Recognizing chronic conditions/illnesses ; Signs and Symptoms of Mental Illness ; Confidentiality (HIPAA); Infectious Diseases -AIDS, MRSA, TB The nurse should participate in the on-going training program currently set- up through the Facility, whenever available to do so . 14 030617 HC BOC Page 109 ( Transporting inmates to outside sources for medical care The transportation officer will be notified by medical personnel when an inmate is scheduled for an appointment outside the Detention Center. Security staff will plan the transportation . Medical staff will not inform the inmate of the date or time of the appointment. When emergency transportation is required , medical personnel will decide whether an ambulance or security van is required and coordinate appropriate transportation with the corrections administration and security . Medical Co-Pay The medical staff is not to benefit in any way from the co-pay system. The nurse who is triaging or treating the inmate is only to complete any forms to provide information so that an inmate 's account can be charged . Continuity of Care Upon an inmate 's admission into the Detention Center, every effort must be made in obtaining information concerning p revious and/or current treatment plans . Record request forms may be sent to the inmate 's treating physic ian for inclusion into inmate 's current medical file at the Detention Center. The Medical Director must be made aware of the medical records upon arrival , for his/her review as well. All medications must be verified before their continuance . All verifications ( or inability to verify) must be noted within the patient's chart. Once medications have been verified , the Medical Director may give a verbal order (if not on-site) to continue the medications until the next scheduled physician sick call , based upon the inmate 's compliance prior to incarceration and present cond ition . Identified long-term and/or serious chronic conditions must be referred to the Physician for referrals or follow- up clinic visits as needed. All pregnant inmates w ill be placed on pre-natal cl inic for review by a local 08/GYN clinic or the local county health department. Those pregnant inmates exhibiting serious conditions may be referred to the hospital for assessment. 15 030617 HC BOC Page 110 All ordered tests and/or consults are completed in a timely manner. The Medical Director must sign all outpatient service discharge summaries as evidence of review. If changes in treatment are necessary , the changes must be noted and clinical justification for an alternative treatment plan is noted . Health Assessment All history and physical data will be obtained by medical staff and recorded on an Admission Data History and Physical Exam form . The medical staff will review the Receiving Screening form and confirm all information, as well as ask for any additional medical history information that may not have been noted upon admission. The medical staff must make verification of previous history, and document such verification and/or non-verification. Within 14 calendar days of arrival into the Detention Center, inmate will receive a full health assessment by SHP medical staff. A recording of inmate 's current weight, height, blood pressure reading , and temperature and pulse rate will be noted on the Assessment form . Female inmates will be given a pregnancy test if their situation deems possible pregnancy and/or upon request. The medical staff in conjunction with the Assessment form will perform a physical exam. Inmates with a chronic condition will be screened and questioned specifically about their condition . Chronic care inmates will be referred to the physician's chronic care clinic for an initial assessment and treatment plan as well. Other lab and/or diagnostic testing may be required based on information received from the Receiving Screening or Assessment form. Physician's orders must be obtained for the testing . An inmate , who has been re -admitted into the Detention Center and had a documented health assessment within the previous 12 months, need not be re-examined unless changes in inmate 's health have been noted upon admission. 16 030617 HC BOC Page 111 An inmate has the right to refuse a health assessment. Please refer to the policy Right to Refuse Treatment. If an inmate refuses a TB test , the inmate must be placed in isolation for precautionary measures , as TB is an infectious disease . Medical staff should monitor inmate until the TB testing is completed . Depending upon the reasons for the inmate's refusal , the Medical Director and/or mental health staff may be advised to speak with the inmate about his/her concerns. All history and physicals must be referred to the Medical Director for review and sign-off. Grievance Procedure Upon receipt of an inmate's grievance , the nurse will review the information presented and speak with the inmate about the problem and possible resolution . All information about the conversation should be documented on the grievance form and filed within the inmate 's medical record. All responses to inmate grievances must be timely and based on principles of adequate and prudent medical care. Correctional officers will provide grievance forms to inmates upon thei r request. The inmate will give the completed form to a correctional officer who then gives the form to the medical staff for resolution. An incident report may accompany a copy of the grievance if submitted to the SHP corporate office . If the corporate office needs to be involved in the resolution of the problem , communication with the nurse, as well as a review of the applicable records and/or other information will begin. The nurse should notify the corporate office of the need for involvement. After the grievance has been resolved , the Detention Center Administrator should be notified as to the resolution. If the inmate does not agree with the resolution , an appeal may be filed citing additional information . The nurse and Detention Center Administrator will once again review this appeal grievance, with a copy forwarded to the corporate office for resolution . All appeals must be sent to the corporate office for review. 17 030617 HC BOC Page 112 { Collection of DNA In keeping in compliance with the Session law 2003-376 House Bill 79, the nurse or member of the Detention Center health team will provide the phlebotomy service for the collection of the DNA samples that are specific to meeting the requirements mandated by the state of North Carolina. This does not address the issue of obtaining DNA for the use of forensic investigation , for which no member of the Detention Center medical team is to participate in any actions of this nature. The Detention Center medical team is only to provide the services of phlebotomy and under no circumstances should be involve with the records keeping , finger printing and transport of the specimen . The location and time of this service will be established in agreement with both the duty officers and the medical team member. This procedure is never to interfere with the health care provider's responsibility to deliver health care services to the inmates of this facility . This Detention Center Health Plan is hereby approved_w;,6t ~ri I I~, dll// by the Harnett County Sheriff's Office and by the health director ; the Harnett County Department of Public Health . = ~ Date: 'f-Z-b -/! ~; c~ ty 1 Seritt m/ ~ Date: 9---""2. Lr ---c ( Harnett County Health Director Attest: 18 030617 HC BOC Page 113 AGENDA ITEM 6 March 6, 2017 APPOINTMENTS NEEDED ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE We have three (4) vacancies on this committee. HARNETT COUNTY AIRPORT COMMITTEE We have a vacancy for a District 5 member to serve on this committee. HARNETT COUNTY BOARD OF ADJUSTMENT We have vacancies for alternate members for District 1 and District 3. HARNETT COUNTY COUNCIL FOR WOMEN Pam Williams has expressed interest in serving on this committee. A lication attached We have twelve (12) vacancies on this council. HARNETT COUNTY EMPLOYEE BENEFITS COMMITTEE Alice Powell, Parks & Recreation retiree, ex ressed interest in being appointed to serve on this board. (Application attached) Mark Ennis, HC Library retiree, expressed interest in being ap__pointed to serve on this board. (Application attached) There is one (1) vacancy for a retiree to serve on this board. HARNETT COUNTY LIBRARY BOARD OF TRUSTEES We have one (1) vacancy for an at-large members on this board. The City of Dunn also has a vacancy on this board. HOME AND COMMUNITY CARE BLOCK GRANT COMMITTEE We have two (2) vacancies on this committee. MID-CAROLINA AGING ADVISORY COMMlTTEE We have two (2) vacancies on this committee. Page 1 -Appointments 030617 HC BOC Page 114 APPLICATION TO SERVE ON A BOARD APPOINTED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS ~G DISTRICT: (Please check district number in which you live): ~ District I , Commissioner McKoy's D District 4 , Commissioner Springle's D District 2, Commissioner Elmore's D District 5 , Commissioner Miller's D District 3, Commissioner Burgin's TELEPHONE: (HOME) r Io -s> q 3 -I/-6 l/ q (WORK) --'N--'--"--'!A'--'-------- EMAIL ADDRESS: r.ej e me, 3@'4 4 h Q C,. l (l M PRESENT OCCUPATION: _ __.__C ;_e..::......:...f _,_;_:._r _::,:e :_,dc__ ________________ _ YEARS OF FORMAL EDUCATION: /.,{; 3 J., S (, h CO / G-r&t d + C IVIC AND FRATE RNAL ORGANIZATIONS IN WHICH YOU HA VE PAR TIC IP A TED: PLEASE TELL WHY YOU WOULD LIKE TO SERVE ON THE ABOVE LISTED BOARD: ~ DATE: 2 ... 2 -2 0 1 7 SIGNATURE: --'-11;'+-~-----"'--~-·-'-------- **************************************** FOR O F FICE USE ONLY: DATE RECEIVED: -------------------------- DATE FORWARDED TO COUNTY COMMISSIONERS: -------------- 030617 HC BOC Page 115 APPLICATION TO SERVE ON A BOARD APPOINTED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS BOARD: £ /II\ f / 0 ~ C. C. Hw~{f..'-"-'(!,.,__,o::....:"".:....;_:_""'.=..c'-'-. fh...:-.=c..:_c.-______________ _ NAME : Au't l.-Pa we.if ADDRESS: 101 /lau>e,// f/,rm ""~ ( 1-;/(1tJiP"1 I ;J, t. ~ 76-t'(e VOTING DISTRJCT: (Please check district number in which you live): D District I, Commissioner McKoy 's O District 4 , Commissioner Springle 's C8J District 2, Commissioner Elmore's O District 5, Commissioner Miller's D District 3 , Commissioner Burgin 's TELEPHONE: (HOME) 'f /(J -$ 9:5 -3 /5 .3 (WORK) EMAIL ADDRESS: Alt"ac. foiJ~,, O~mai /, ~Ill. PRESENT OCCUPATION : -fi~e .... &-=-· ..... r.,,.ed..,=.,,:;. _________________ _ YEARS OF FORMAL EDUCATION : L,'lf/l#)ft:MI /+i:",b,_,.,c/A09{ C.I~~ .:1.f> I'! 7.2 rJ,(!.'5+,,,,of, 'tMiv~rdl !-r., 13.5. t'1'1'1 CIVIC AND FRATERNAL ORGANIZATIONS IN WHICH YOU HAVE PARTICIPATED: H11f 6r1Meh Pr~~r-fer/Nl f,~c.A, PLEASE TELL WHY YOU WOULD LIKE TO SERVE ON THE ABOVE LISTED BOARD: _z:_ u/ou/d ei{fj ~.?;A',.(l_.~.h~ 45 c!d>~,.~~ A,c/d 6ttr~ d voo:~ tpr d __ /' c eb'_ <;' DATE: .,{~A.~1 SIGNATURE : ~ ~./ ~ / ~"'----,,,C..----- **************************************** FOR OFFICE USE ONLY: DATE RECEIVED: ------""~'---""'d,_l -'---...1.l-..!1 ~----------------- DA TE FORWARDED TO COUNTY COMMISSIONERS: --------------- 030617 HC BOC Page 116 APPLICATION TO SERVE ON A BOARD APPOINTED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS BOARD: ----,,-,,1-_I °'-_1_,_1 (_--/_-f __ &J_C,{_/1_Ar __ eo_l{_ll_G,_/_6 ...... uv __ i_1~u r_VJ_er-... ___ _ NAME: ~· R~o_rr_·,~-<--I=ti __ W-=-41_.._'l~/1'--a_·il-_1_..J ____________ ~ VOTING DISTRI CT: (Please check district number in which you live): :J District I, Commissioner Hill 's D Dis1ri ct 4, Commissioner Andrews' :J District 2, Commissioner House 's D Dis1rict 5, Commissio ner McNeill's ~ District 3, Commissioner~'s p e. (\'"'6 "ELEPHONE: (HOME) ( CJ ;J f ?/-f't"l t/ (WORK) ( q;u) J lo/-l / I <r ) 'RESENT OCCUPATION: ;Sf /-I-<: 1 "'( J)o~j(,·( 'EA RS OF FORMAL EDUCATION: _.I ..... L,..I'-------------------- WIC AND FRATERNAL ORGANIZATIONS IN WHICH YOU HAVE PARTIClPATED: JEASE TELL WHY YOU WOULD LIKE TO SERVE ON THE ABOVE LISTED BOARD: ~h ,\'{ 0..-1.1<...~ • '-N.. P-:;:::t,; • I Q__ L 0fV'"' ,. ,s; ""'-• • I VI · -j, 11'-: \.I I 'I -\ ~ c, \ tA l\l'l¢.. ~"-o/• t c,c:' ·.--1 (<1t 1 ve,,o,,.•-d -()i,~':::f'o;, ta, ..... o Si ,1 c.L -:J ,1= oo o ,M c.,l<. ,6.,W\)N..- :,.1 C yi ,\;1 ,-.e-::I ,l.e,&.. a s '::f'.b u., i, ':d'.)A:, v ,ll.t. IO< c ·t)t::w' -fA .,6.,,. rY':':: -i. llilfy L.u ..:. .- :! ,¥,qllt1, ,~.·::1 ""-·" bo ,~.,.1-I ~ p)),.,.,.0-'-~ t-1.-( ks.l'lvV',<• 'P cus;r\"'14-. ·j...-. ,y .. .,.... '--~,\.--\-u...,U... \~~~~ : \TE: -0 \ ~ l ibl 1 SIGNATURE:~_;µ...ll.ll<&~~==.J..!·,!:>LJ::.." ====--'~------ •••••••••••••••••••••••••••••••••••••••• . ! •R OFFICE USE ONLY: ,TE RECEIVED : __ ?.,_')._~_-_\<) _______________ _ .TE FORWARDED TO COUNTY COMMISSIONERS : --------------- RECEIVED FEB 2 3 2017 HARNETT COUNTY MANAGER'S OFFICE 030617 HC BOC Page 117 030617 HC BOC Page 118 Ta b l e o f Co n t e n t s I. Re v e n u e Br e a k d o w n In s p e c t i o n s : In s p e c t i o n Re v e n u e .. .. . . .. . . . . .. . . . . . . . .. . . .. .. . .. .. . . . . . . . . . . . . . . . .. . .. .. . . . . . . . . . . . . . . . . ... . . . . . .. . 3 Pl a n n i n g : Ac t i v i t y Re p o r t . .. . .. .... . .. .. .. . .. . .. . ... .. . .. ... .. . . . . . . . . . . . . . . .. . .. ... . . . ... ... . . . . .. . . . . . . . . . . . . . ... .4 Pl a n n i n g Re v e n u e .. . . . .. .. .. . .. . . .. . . . .. .. . . . . . .. .. . .. . . . . . . . ... . . . . . . . .. .. ... .. . .. .. . . ... . . . . . . . . . . .. . 9 Ce l l To w e r Re v e n u e .. . .. .. . . . . . . . .. . .. . . . . .. . .. .. . . . .. . . . . . . . .. . .. . .. . .. . .. . .. . . . .. ... . .. .. . . ... . ... . 10 Re c r e a t i o n a l Fe e s ... . . . . . .. ... .. . . . ... . . . . .. . . .. ... . .. . .. . . . . . .. . . . . . . . .. . . . . . . . . . . ... . . . . . . . . . . . . ... . 11 A. M .P .I. .. . . . . . . . . . . . . . . . . .. . .. . . . . . . . . . . . .. . . . . .. . ... . . . . .. ... ... .. .. . . . . . . . .. . .. . ... . . . . ... . . . . . . . ... . . . 12 En v i r o n m e n t a l He a l t h : E- H e a l t h Re v e n u e ... .... . .. .. . . . . .. . .. .. . . . . . . . .. .. .. . . . . . .. . .. .. . .. . . . . . . . . .. ... .. .. .. .. .. .. . . . . .. . . . 13 Fo o d & Lo d g i n g Re v e n u e .. .. . . . . . . . . . . . . . . . .. ... ... . . . . . . . . . . .. . ... .. . .. . .. . . . . . . . . . . . . . . . . .. ... . . . . 14 Pu b l i c Ut i l i t i e s : Pu b l i c Ut i l i t i e s Re v e n u e .. .. . . .. .. . .. . . . . . . . .. ... . . . .. . . . . .. .. . .. . . . . . . . . .. . . . . . . . . . . . . . . . .. . ... . .. . . . 15 Fi r e Ma r s h a l l : Fi r e Ma r s h a l l Re v e n u e .. .. ... .. .. . . . . .. . . . .. . . ... . ... .. ... ... .. . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .... . .. 16 II . Ap p l i c a t i o n s & Pe r m i t s Pe r m i t s : Pe r m it s Is s u e d By Mo n t h ... .. . . . . ... . . . . . .. . . .. ... .. . ... . .. . . . . .. . . . . . . . ... . .. ... . . . . ... . . . .. .. . . . ... 17 Pe r m i t s by SF H / M a n u f a c t u r e d Ho m e s .. . . . . . ... . . . . .. . .. . . . . . . .. . ... .. . . .. .. . . . . .. .... .. . .. . . . .. 18 Va l u a t i o n s : Pe r m i t Va l u a t i o n s .... . .. . . .... . . .. . . . . . . . . . .. . . . . . . .. . . . .. . . . . . . .. ... . .. .. .. . . .. . . . . . . .. .... . ... . . . . . . . . 19 Il l . To w n s h i p In f o r m a t i o n : Re c r e a t i o n a l Fe e .. . . . . . . .. . . . . . . .. . .. . . . ... . ... .. . .. . .. ... . . . ... ... .. . . .. .. .. . . . ... . . . . . .. . . ... . . . . . .. . . . . . . . .. . . 20 Lo t s ... . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . .. . . .. ... .. . . .. . .. . . . . . . . . . . .. . .. . . . . . .. ... . . . .. . .. . .. .. .. ... . . . . . .. . . .. . . . .. . 21 Ap p l i c a t i o n s .. .. .. . . . . . . .. .. . .. . . .. . . . . . . . .. . . .. . . . .. . . . . . . .. .. . .. .. . . . .. . . . . . .. . .. .. . . ... . . . . . . . . . .. .. .. . .... . . . . . . 22 030617 HC BOC Page 119 • FY 11 -12 $1 , 4 0 0 , 0 0 0 $1 , 2 0 0 , 0 0 0 $1 , 0 0 0 , 0 0 0 $8 0 0 , 0 0 0 $6 0 0 , 0 0 0 $4 0 0 , 0 0 0 $2 0 0 , 0 0 0 $- Ju l y Au g $8 0 , 6 3 7 $1 1 8 , 9 7 1 • FY 12 - 1 3 $1 2 5 , 1 5 9 $9 6 , 9 4 0 FY 13 - 1 4 $1 2 7 , 1 5 0 $1 1 2 , 3 6 8 • FY 14 - 1 5 $8 4 , 6 0 1 $5 7 , 8 1 6 • FY 15 -16 $8 3 , 1 5 9 $8 5 , 4 7 8 FY 16 - 1 7 $6 3 , 8 0 5 $1 5 4 , 2 0 8 Se p t $1 2 2 , 5 7 4 $7 9 , 8 7 8 $6 1 , 8 6 8 $6 6 , 5 4 2 $7 3 , 0 7 5 $7 7 , 7 7 8 In s p e c t i o n Re v e n u e Oc t No v De c Ja n Fe b $8 1 , 4 7 9 $8 5 , 0 7 5 $ 5 6 , 2 8 5 $7 1 , 9 0 8 $ 9 1 , 6 6 2 $9 6 , 3 4 2 $ 9 2 , 1 1 9 $8 1 , 6 7 8 $1 3 0 , 3 6 5 $1 2 4 , 56 5 $7 8 , 1 7 4 $6 1 , 1 1 3 $4 0 , 7 5 2 $9 4 , 9 4 2 $6 2 , 63 0 $6 8 , 1 5 7 $5 3 , 4 2 2 $9 1 , 8 2 1 $ 7 0 , 4 1 5 $5 0 , 8 4 3 $9 1 , 9 1 9 $8 8 , 7 0 5 $5 8 , 1 0 0 $8 5 , 8 0 4 $7 2 , 5 2 0 $6 4 , 7 9 9 $ 7 9 , 6 2 0 $ 5 6 , 9 9 0 $7 4 , 8 9 5 $- Ap r Ma y J un M a r Ap r $8 3 , 8 4 1 $8 4 , 0 0 0 $8 2 , 7 6 8 $1 1 8 , 3 9 8 $8 9 , 3 6 8 $8 7 , 8 9 2 $9 2 , 2 7 9 $7 7 , 7 9 9 $8 8 , 8 8 3 $8 1 ,08 7 $- $- FY To t a l Ma y $1 1 3 , 0 4 9 $1 1 1 , 6 4 4 $1 0 4 , 5 7 2 $1 0 8 , 7 3 6 $1 0 6 , 6 4 5 $- Ju n • FY 11 -12 • FY 12-13 • FY 13-14 • FY 14 -15 • FY 1 5-16 FY 16 -1 7 F Y Total $1 0 6 , 4 3 1 $1,095,91 $1 0 4 , 0 0 6 $1 ,243,86 $7 3 , 9 3 7 $994,766 $8 8 , 1 3 5 $9 1 0,566 $7 3 , 1 1 4 $988,489 $- $572,095 030617 HC BOC Page 120 Harnett COUNTY strong roots • 9' 1rth Special Project Activity January 2017 Ongoing • Staff is working on a Panhandling Ordinance and have run into issues with Sheriffs Department. • Staff has begun the process to implement the Problem Properties Program. Procedures have been created and associated staff has been contacted and informed of the program and it's potential. 4 • Since the County's Comprehensive Growth Plan was completed and adopted , staff is prioritizing projects within the plan and build a Planning Action Plan for 2017 and potential CIP Projects. Staff Reviewing Commercial Site Plans for: New Ongoing NONE Upcomillg 1. Lexington Plantation-Clubhouse & Pool #2 2. Natural Stone & Design 3. Murphy 's Express Gas Station-Hwy 87 4. Mamer's Retail Store 5. Lot 2, Northgate Shopping Center-6 Unit Building 6. Warehouse@ Tri-South Industrial Park-Chalybeate Springs 7. Stanley Fencing 8. Hwy 87 Multi-Tenant Commercial Project (Sawyer Road) 9. USPS Carrier Annex off Hwy 87 I 0. Rowe Electric 11. Development of the Problem Properties Task Force Unresolved Violations Submitted to Legal I I I Harnett County Planning Board Meeting Monday, February 6, 2017 Proposed Zoning Change: Case# RZ-17-05 ; Landowner/Applicant: Judy N. Parrish / Wayne Underwood; 22 +/-acres (con s isting of two parcels, less the conservation areas); Pin #0548-67-9804.000 & 0548-67 -8 393.000; From RA-20R to Industrial; NC Hwy 210 South; Lillington Township. Harnett County Board of Adjustment Meeting Monday, January 9, 2017 Conditional Use New Business 1. BA-CU-01-17. Mangum, James Lee / Latoya McClain. A Singlewide Manufactured Home in an RA-30 Zoning District; Hector's Creek Township; Pin# 0651-15-0767.000; US Hwy 401 North. 2. BA-CU-02-17. Black, Grace M. / Michael Hoffman. A Singlewide Manufactured Home in an RA-30 Zoning District; Upper Little River Township; Pin# 0518-98-8957.000; SR# 1244 (Moore 's Chapel Road). 3. BA-CU-03-17. CG Wellons Farms, Inc./ Jonathan Yates, Skyway Towers & T-Mobile. A Communi cations Tower in an Industrial & Conservation Zoning District; Averasboro Township; Pin# 153 8-42-2332.000; Intersection of SR# 1840 (Robin Hood Road) & SR # 1812 (Farmview Road) & SR# 1809 (Webb Road). 4. BA-CU-04-17. JS Weeks Sand Company, Inc. A Sand Mining Business in an RA-20R Zonin g District; Johnsonville Township; Pin # 9556-64-8627.000; Off NC 24/27. BA-CU-05-17. T hompson, Richard & Helen / Southeastern Sanitation, LLC. A Personal Service Establishment-Trash Service in an RA-30 Zoning District; Grove Township; Pin# 0690-19-7888.000; Off SR# 1563 (Bill Avery Road). 030617 HC BOC Page 121 Plann i ng Activity Report For January 2 0 17 Board Of Adjustments ·-. Appeal Cell T ow e r SW/DW PUD C ommercial Va ri ance Total Monthly 0 0 0 0 0 0 0 Yea r To Date 0 0 3 0 12 0 15 Recreational Fees For Major Subdivisions Total (since f.y. Tow nships Total For Month Yea r To Da te 06) $ $ Anderson Creek $ -51 ,000.00 1 ,091 ,500 .00 $ Averasboro $ -$ -6 ,500 00 $ Barbecue $ -$ -389,500.00 $ $ Black River $ 7,500.00 7,500.00 61,000 00 $ Buckhorn $ -$ -- $ Duke $ -$ -- $ Grove $ -$ -- $ $ Hecto rs Creek $ -15,000 00 123 ,000.00 $ Johnsonville $ -$ -191 ,500.00 $ Lillington $ -$ -- $ Neills Creek $ -$ -- $ Stewarts Creek $ -$ -77 ,500.00 $ Upper Little River $ -$ -49,000 00 $ $ Totals $ 7,500.00 73 ,500.00 1 ,989,500.00 Preliminary Major Subdivisions . A Number Of Subdivisions By Townships Month Number of Lots Bv Month YTD Anderson Creek Aooroved 0 Reviewed & Placed On Hold 0 Averasboro Approved 0 Reviewed & Placed On Hold 0 Barbecue Aooroved 0 Reviewed & Placed On Hold 0 Black River Approved 0 Reviewed & Placed On Hold 0 Buckhorn Aooroved 0 Reviewed & Placed On Hold 0 Du ke Approved 0 Reviewed & Placed On Hold 0 Grove Aooroved 0 Reviewed & Pl aced On Hold 0 Hectors Creek Aooroved 0 Reviewed & Placed On Hold 0 Johnsonville Aooroved 0 Reviewed & Placed O n Hold 0 L illin gt on Approved 0 Re vi e wed & Placed On Hold 0 030617 HC BOC Page 122 Neills Creek Aooroved 0 Re viewed & Placed On Hold 0 Stewarts Creek Approved 0 Reviewed & Placed On Hold 0 Upper Little River Approved 0 Reviewed & Placed On Hold 0 ~ 6 . . Preliminary Major Subdivision Totals Number Of Subdivisions Number Of Lots Monthly Approved 0 0 Reviewed & Placed On Hold 0 0 Number Of Subdivisions Number Of Lots Year To Date Approved 0 0 Reviewed & Placed On Hold 0 0 ~ Final Major Subdivisions Townships Number Of Subdivisions Number of Lots By Month YTD Anderson Creek Approved 110 Reviewed & Placed On Hold 84 Averasboro Aooroved 0 Reviewed & Placed On Hold 0 Barbecue Approved 0 Reviewed & Placed On Hold 0 B lack River Approved 1 15 31 Reviewed & Placed On Hold 32 Buckhorn Approved 0 Reviewed & Placed On Hold 0 Duke Aoproved 0 Reviewed & Placed On Hold 0 Grove Approved 0 Reviewed & Placed On Hold 0 Hectors Creek Approved 0 Reviewed & Placed On Hold 0 Johnsonville Approved 0 Reviewed & Placed On Hold 0 Lillington Approved 0 Revi e wed & Placed On Hold 0 Neills Creek Approved 0 Reviewed & Placed On Hold 0 Stewarts Creek Approved 0 Reviewed & Pla ced On Hold 0 Upper Little River Approved 0 Reviewed & Placed On Hold 0 Final Major Subdivision Totals Number Of Subdivisions Number Of Lots Monthly Approved 1 15 Rev iewed & Placed On H old 0 0 030617 HC BOC Page 123 Number Of Subdivisions Number Of Lots Year To Date Aooroved 4 141 Reviewed & Placed On Hold 2 116 • r Minor Subdi vi si ons Monthly Number Of Subdivisions Nu mber Of Lots Aooroved 12 17 Yea r To Date Number Of Subdivisions Number Of Lots Approved 51 88 -. ' t Exempt Subdivisi ons ...~ Mont h ly Number Of Subdi v i s ions Number Of Lots Ap proved 11 2 1 Year To Date Number Of Subdivisions Number Of Lots Aporoved 99 186 ,. ' ' Flood Zone Permits Issued . Jt. •• ' Monthly 2 Year To Date 2 • J . . .,, -I Zonina Inspections ._ • _r--'"> II t-., . Monthly 40 Year To Date 292 -~ ~~ I Manufactured Home Park License Issued ---, ..... Monthly Number Of Parks Number Of Lot s Aoproved 13 244 Year To Date Number Of Parks Number Of Lots Approved 59 1,206 Manufactured Home Park Inspections .... -J ., Monthly Num ber Of lnsoections 18 Year To Date Number of lnsoections 120 . Rezonina Reauests ... ,.... ... Tvpe Of Reauest P.B. Action C.C. Action Monthly 1 RA-20M to Comme rcial 1 Ao oroved Aooroved 1 Approved Tabled Total Number Of Requests P.B. Action C.C . Action Year To Date 4 Annroved Aooroved 4 4 0 Tabled Table d 0 • -Text Amendments/Ordinances .. Monthl y 1 Year To Date 2 . i,c·· •. Violations Monthly Complaints Resolved Pendina 16 7 9 Ye ar To Date Compl aints Resolved Pending 50 30 20 ~ . Commercial Site Plan Reviews -[ ..... " Mon thly 3 Yea r To Dat e 14 030617 HC BOC Page 124 Abandoned Mobile Home Project Initiative (A.M.P .I) . S.W .M.H. D.W.M.H. TOTALS Monthly Contracts 2 0 2 Removed 0 0 0 S.W.M .H. D.W.M.H. TOTALS Year To Date Contracts 2 0 2 Removed 0 0 0 030617 HC BOC Page 125 $1 4 0 , 0 0 0 $1 2 0 , 0 0 0 $1 0 0 , 0 0 0 $8 0 , 0 0 0 $6 0 , 0 0 0 $4 0 , 0 0 0 $ 2 0 ,00 0 $- Pl a n n i n g Fe e s Ju l y Au g Se p t Oc t No v De c Ja n Ju l y Au g Se p t Oc t No v • FY 11 -12 $6 , 1 8 9 $3 5 , 7 7 2 $7 , 9 3 0 $9 , 3 0 5 $7 , 9 0 4 • FY 12 - 1 3 $1 0 , 3 2 2 $ 1 0 , 4 1 4 $ 1 1 , 0 6 8 $1 0 , 6 1 5 $8 , 6 3 5 FY 13 - 1 4 $4 , 9 3 4 $5 , 4 7 0 $1 1 , 1 5 7 $7 , 1 5 6 $8 , 5 9 8 • FY 14 - 1 5 $8 , 7 3 6 $6 , 9 7 8 $1 1 , 7 8 2 $9 , 9 0 2 $1 0 , 1 2 9 • FY 15 -16 $1 0 , 4 0 0 $6 , 8 7 6 $ 7 , 5 5 3 $ 9 , 3 5 9 $ 8 , 2 6 7 FY 16 - 1 7 $5 , 8 1 5 $8 , 2 8 3 $8 , 5 6 3 $6 , 8 0 1 $8 , 9 4 6 Fe b Ma r Ap r Ma y Ju n FY To t a l De c Ja n Fe b Ma r Ap r Ma y Ju n FY T ot a l $7 , 7 4 5 $7 ,85 4 $1 2 , 5 1 7 $8 , 7 8 8 $1 0 , 03 5 $8 , 2 6 2 $1 3 , 9 1 7 $1 3 6 , 2 1 $7 , 2 4 3 $1 0 , 52 1 $1 0 , 5 3 9 $1 3 , 4 5 1 $ 1 6, 8 3 2 $1 2 , 7 5 0 $7 , 0 3 3 $1 2 9 , 4 2 $8 , 7 9 1 $ 5 , 5 5 2 $1 1 , 0 6 3 $ 1 7 , 7 8 2 $1 0 , 2 9 1 $1 3 , 8 5 2 $6 , 1 6 0 $1 1 0 , 8 0 $9 , 8 1 8 $ 7 , 9 5 6 $5 , 3 9 3 $ 7 , 9 9 1 $2 9 , 8 7 0 $1 3 , 4 0 2 $1 3 , 4 0 4 $ 1 3 5 , 3 6 $1 0 , 9 7 8 $9 , 1 9 3 $1 0 , 8 2 3 $ 1 2 , 6 7 1 $ 1 0, 5 3 3 $1 1 , 2 0 4 $1 1 ,21 8 $1 1 9 , 0 7 $1 0 , 9 8 5 $ 1 3 , 0 8 2 $- $- $ - $ - $ - $6 2 , 4 7 5 • FY 11 -12 • FY 12-13 • FY 13-14 • FY 14 -15 • FY 15 -16 FY 16-17 030617 HC BOC Page 126 Ce l l To w e r Fe e s $1 8 0 , 0 0 0 $1 6 0 , 0 0 0 $1 4 0 , 0 0 0 $1 2 0 , 0 0 0 s1 0 0 . o o o $8 0 , 0 0 0 $6 0 , 0 0 0 $4 0 , 0 0 0 $2 0 , 0 0 0 a FY 11-12 $· Ju l y a FY 12-13 Au g Se p t Oc t No v FY 13-14 oe c Ja n Fe b Ma r a FY 14 -lS Ap r Ma v Ju n FY a FY lS-16 To t a l FY 16 -17 Ju l v Au g se p t Oc t No v oe c Ja n Fe b Ma r Ap r Ma v Ju n FY To t a l a FY 11 - 1 2 $· $1 S , 0 0 0 $· $· $5 ,0 0 0 $· $· $ $ · $4 , S O O $4 , S O O $ $2 4 , S O O a FY 12 - 1 3 $1 3 , S O O $4 , S O O $· s, . s o o s, o . a o o s, o . o o o S1 B . 5 ' ° s1 0 . o o o ss . a o o s, s . o o o s, o . o o o $· $1 6 4 , 0 0 FY 13 - 1 4 s n . s o o s1 . o o o s2 s . o o o $6 , 5 0 0 $1 , 0 0 0 $2 , 0 0 0 $2 , 0 0 0 $1 , 0 0 0 $5 , 0 0 0 $3 , 0 0 0 $2 , 0 0 0 $4 , 0 0 0 $6 7 ,o o o a FY 14 - 1 5 $· $- $5 , 0 0 0 $8 , 0 0 0 $1 , 0 0 0 $· $1 , 0 0 0 $1 , 0 0 0 $1 , 0 0 0 $· $- $3 , 0 0 0 $2 0 , 0 0 0 a FY lS - 1 6 $2 , 0 0 0 $1 , 0 0 0 $ $1 , 0 0 0 $· $2 , 0 0 0 $ $1 , 0 0 0 $2 , 0 0 0 $3 , 0 0 0 $2 , 0 0 0 $2 , 0 0 0 $1 6 , 0 0 0 FY 16 - 1 7 $1 , 0 0 0 $2 , 0 0 0 $· $- $9 , 0 0 0 $· $1 , 0 0 0 $ · $· $· $- $· $1 3 , 0 0 0 030617 HC BOC Page 127 10 0 0 0 80 0 0 60 0 0 40 0 0 20 0 0 0 Ju l y AU S se p t Oc t Ju l y Au g Se p t a f' I 11 - 1 2 0 25 0 28 7 a f' / 12 - 1 3 15 7 6 . 4 21 0 9 . 6 52 f' / 13 - 1 4 0 0 0 a f' / 14 - 1 5 0 35 0 29 8 • f' / 15 - 1 6 0 35 0 64 1 . 2 f' / 16 - 1 7 32 8 . 8 0 0 Ab a n d o n e d Ma n u f a c t u r e d Ho r n e P\ a n n i n g \n i t i a t i v e fe e s No v oe c Ja n fe b Ma r Ap r Ma Y Oc t No v oe c Ja n Fe b Ma r 0 0 0 0 0 35 0 15 2 10 2 2 . 4 23 6 5 . 6 20 1 0 . 8 21 5 . 2 0 0 0 0 0 0 0 0 0 10 5 0 55 0 46 . 8 16 2 4 . 8 35 0 11 7 0 0 42 6 0 0 0 0 0 0 0 0 a Fl' 11-12 a f'/ 12-13 n f'/ 13-14 a f'/ 14 -15 Ju n f ' / a f'/ 15 -16 To t a l F'I 16-17 Ap r Ma y F' I To t a l Ju n 0 12 5 0 0 21 3 7 0 70 . 4 0 96 3 4 . 4 0 0 0 0 14 0 0 72 3 . 2 59 8 66 4 0 . 8 0 55 0 0 34 8 7 . 2 0 0 0 32 8 . 8 030617 HC BOC Page 128 $4 0 0 , 0 0 0 $3 5 0 , 0 0 0 $3 0 0 , 0 0 0 $2 5 0 , 0 0 0 s2 0 0 . o o o $1 5 0 , 0 0 0 s1 0 0 . o o o $5 0 , 0 0 0 $- Ju l y Au g se p t Oc t No v Re c r e a t i o n a l fe e s oe c Ja n Fe b Ma r Ap r Ma r Ma y Ju n AP r Ma y FY To t a l Ju n FY To t a l • FY 11-12 • FY 12-13 FY 13-14 • FY 14 -15 • FY 15 -16 FY 16-17 Au g Se p t Oc t NO V oe c Ja n Fe b $3 5 , 0 0 0 $ 1 6, 0 0 0 $- 59 2 , 0 0 0 $2 1 , 0 0 0 $1 2 9 , 0 0 $1 3 , 5 0 0 $5 0 0 $1 9 , 5 0 0 $3 6 2 , 0 0 $- $1 5 , 0 0 0 $2 8 , 0 0 0 $- $2 1 5 , 0 0 $1 2 , 0 0 0 $1 2 0 , 0 0 Ju l y • FY 11 - 1 2 $3 5 , 5 0 0 $ $ • FY 12 - 1 3 $- $5 5 , 0 0 0 $3 0 , 5 0 0 $3 , 5 0 0 $6 7 , 5 0 0 $1 1 , 0 0 0 $4 , 5 0 0 $- fY 1 3 - 1 4 $7 ,50 0 $6 , 5 0 0 $5 9 , 0 0 0 $- $ - $- $8 , 5 0 0 $- $- $2 6 , 5 0 0 $- • FY 14 - 1 5 $1 8 , 0 0 0 $- $- $- $· $- $- $- $2 7 , 0 0 0 $- $· $· $4 5 , 0 0 0 • FY 15 -16 $1 1 , 0 0 0 $6 0 , 0 0 0 $· $- $- $1 5 , 0 0 0 $ $ · $1 7 , 0 0 0 $1 1 , 0 0 0 $2 7 , 5 0 0 $- $1 4 1 , 5 0 FY 16 - 1 7 $5 1 , 0 0 0 5- $- $1 1 , 0 0 0 $- $4 , 0 0 0 $7 , 5 0 0 $· $- $- $- $- $7 3 ,50 0 030617 HC BOC Page 129 $3 5 0 , 0 0 0 $3 0 0 , 0 0 0 $2 5 0 ,00 0 $2 0 0 , 0 0 0 $ 15 0 , 0 0 0 $1 0 0 , 0 0 0 $5 0 , 0 0 0 $- Ju l y Au g Se p t Oc t En v i r o n m e n t a l He a l t h Re v e n u e No v De c Ja n Fe b Ma r Ap r Ma y Ju n FY To t a l Ju l y Au g Se p t Oc t No v De c Ja n Fe b M a r Ap r Ma y Ju n FY To t a l • FY 11 - 1 2 $1 5 , 2 7 5 $2 2 , 5 2 5 $2 1 , 4 2 5 $ 2 6 , 6 5 0 $ 2 3 , 0 2 5 $ 11 ,1 7 5 $3 9 , 1 7 5 $2 1 , 5 5 0 $2 9 , 6 7 5 $2 3 , 7 0 0 $ 2 1 , 2 0 0 $ 3 2 , 1 5 0 $2 8 7 ,5 2 • F Y 12 - 1 3 $1 7 , 0 0 0 $3 1 , 2 5 0 $3 3 , 5 2 5 $1 8 , 4 5 0 $ 2 1 , 9 0 0 $ 1 9 , 4 5 0 $ 1 8 , 6 5 0 $ 5 8 , 4 2 5 $ 3 5 , 4 0 0 $ 3 0 , 1 5 0 $ 2 6 , 1 0 0 $2 2 , 0 7 5 $3 3 2 , 3 7 FY 13 - 1 4 $2 6 , 6 0 0 $3 0 , 7 7 5 $2 7 , 0 5 0 $2 2 , 7 5 0 $ 2 2 , 0 5 0 $ 2 2 , 8 0 0 $2 6 , 7 0 0 $1 9 , 9 0 0 $2 7 , 4 2 5 $ 2 5 , 2 2 5 $1 9 , 4 0 0 $ 2 8 , 3 5 0 $2 9 9 , 0 2 a FY 14 - 1 5 $3 5 , 1 5 0 $ 1 7 , 8 5 0 $ 1 3 , 6 5 0 $ 2 4 , 9 0 0 $1 8 , 0 5 0 $1 1 , 0 5 0 $2 1 , 3 2 5 $2 7 , 6 7 5 a FY 15 - 1 6 $3 6 , 8 7 5 $ 3 0 , 3 7 5 $2 0 , 5 5 0 $3 0 ,02 5 $2 4 , 65 0 $2 4 , 5 2 5 $1 6 , 3 2 5 $ 2 3 , 1 2 5 FY 16 - 1 7 $3 8 , 0 0 0 $ 3 2 , 1 0 0 $ 3 0 , 3 5 0 $ 1 5 , 5 5 0 $2 3 , 9 5 0 $3 3 , 4 5 0 $1 9 , 9 2 5 $- $1 8 , 9 2 5 $ 2 0 , 2 2 5 $2 4 , 4 2 5 $3 4 , 6 2 5 $1 , 0 3 6 $2 6 , 9 2 5 $- $- $- $3 0 , 9 0 0 $2 6 4 , 1 2 $3 4 , 1 7 5 $3 0 3 , 2 1 $- $1 9 3 , 3 2 a FY 11-12 a FY 12-13 a FY 13-14 a FY 14-15 a FY 15-16 FY 16-17 030617 HC BOC Page 130 Fo o d & Lo d g i n g Re v e n u e $3 ,SO O $3 , 0 0 0 $2 , S O O $2 ,00 0 $1 , 5 0 0 I • F'I 11-12 F' I lS - 1 6 a F'I 12 13 $1 , 0 0 0 F' I 13 - 1 4 F'/ 13 -14 $S 0 0 $ - Ju l y Au g Se p t Oc t No v De c Ja n Fe b Ma r Ap r F' I 11 -12 a F'I 14 -lS Ma y J u n F' I a F'I lS -16 To t a l F'I 16 -17 Ju l y Au g Se p t Oc t NO V De c Ja n Fe b Ma r Ap r Ma y Ju n F' I To t a l a F' I 1 1 -12 $2 0 0 $8 0 0 $4 0 0 $4 0 0 $4 0 0 $2 0 0 $3 0 0 $ $S 0 0 $ · $2 0 0 $· $3 , 4 0 0 a F' I 12 - 1 3 $4 0 0 $4 0 0 $· $8 0 0 $· $ · $2 0 0 $4 0 0 $2 0 0 $4 0 0 $S 0 0 $2 0 0 $3 , S O O F' I 13 - 1 4 $2 0 0 $2 0 0 $2 0 0 $ · $· $ · $· $ $4 0 0 $6 0 0 $2 0 0 $S 0 0 $2 , 3 0 0 • F' I 14 - l S $4 0 0 $2 0 0 $· $ · $- $2 0 0 $2 0 0 $4 0 0 $2 0 0 $2 0 0 $- $2 0 0 $2 , 0 0 0 a F' I lS - 1 6 $· $· $· $· $ $ · $· $ $· $ · $ $ $ · F' I 1 6 -17 $2 0 0 $- $2 0 0 $S 0 0 $2 0 0 $ · $S 0 0 $· $· $ · $· $- $1 , 6 0 0 030617 HC BOC Page 131 a F' ( 10-11 Pu b l i c Ut i \ t y f e es a F' ( 11-12 • F' ( 12-13 $6 0 0 , 0 0 0 ~ I • F' ( 13-14 a F' ( 14-15 $4 00 , 0 0 0 , - ~~ c u --, F'( 15-16 $2 0 0 , 0 0 0 • F'( 16-17 $· Ju l y ,t , . u g Se p t Oc t No v oe c Ja n Fe b Ma r .c , . p r Ma y Ju n F' ( To t a l Ju l y Au g Se p t Oc t NO V oe c Ja n Fe b Ma r .c , . p r Ma Y Ju n F' ( Total • fV 10 - 1 1 $3 5 . 2 0 0 $5 5 , 9 1 0 $3 8 , 0 S S $2 7 , 7 S S $3 4 , 9 0 0 $3 9 , 3 7 0 $1 & , 2 7 0 $2 6 , 6 2 0 $6 3 , 2 9 0 $4 9 , 3 1 5 $5 1 , 6 5 0 $4 2 , 9 2 5 $4 & 3 , 2 9 0 • FY 11 - 1 2 S " · " ' ss • . 1 A S SS 4 , 3 0 0 ss , , 3 8 S $4 3 , 4 9 0 $3 6 , 4 3 0 $3 3 , , s s S " · " ' s , i , o , o $3 0 , 2 7 5 $3 9 , S l S s , s , M S ss o s . • S o FY 1 2 - 1 3 $3 4 , 9 9 5 $2 & , 2 6 0 $3 9 , 9 4 0 $4 3 , 9 9 0 $3 3 , 3 2 0 $2 4 , 5 2 0 $2 7 ,S 15 $3 6 , 5 3 5 $4 S , 9 6 S $2 2 , 6 4 0 $4 4 , 2 S S $2 & , 0 6 0 $4 1 3 , 0 2 5 • fV 13 . 1 4 s i s . o s s $3 5 , S l S $3 6 , 6 9 0 $4 3 , 5 0 0 $1 7 , n s $1 3 , 7 7 5 $2 7 ,6 0 S $2 2 , S S S $3 9 , 4 S S $3 7 , 9 2 5 $2 0 , 5 7 0 $4 7 , 2 7 0 $3 6 & , 0 1 0 • fV 14 - 1 5 $3 5 , 0 2 5 $3 9 , 4 4 0 $3 1 , & 6 0 $4 0 , 3 4 5 $1 5 , 7 9 5 $1 3 , 5 3 5 $1 S , 9 S 0 $1 5 , 7 0 0 $2 4 , 1 1 0 $, S , 3 6 0 $3 1 , 9 1 0 $4 1 , 2 5 5 $3 3 6 , l S S , n s - 1 6 $5 4 , 6 9 5 $4 9 , S S S $3 & , 9 9 0 $3 7 , 0 7 0 $1 6 , 5 7 0 $1 7 ,s s s $2 1 , 9 2 5 $2 3 , 1 3 0 $3 S , 9 0 S $4 4 , 2 9 5 $3 1 , 3 9 5 $4 0 , 3 7 5 $4 1 4 ,760 • fV 16 - 1 7 $4 & , 9 3 0 $4 0 , 0 5 0 $2 5 , 3 0 0 $3 1 , 9 4 0 $2 S , S 7 0 $1 6 , & 1 0 $3 5 , 4 3 5 $· $· $- $· $· $227,245 030617 HC BOC Page 132 Fi r e Ma r s ha l fe e s a F' / 11 - 1 2 a F' I 1 2 1 3 F' I 13 - 1 4 $6 0 , 0 0 0 ss o . o o o $4 0 , 0 0 0 $3 0 , 0 0 0 ' a F' I 14 - 1 5 a F' / 15 - 1 6 F' I 16-17 $2 0 , 0 0 0 $1 0 , 0 0 0 $- Ju l y Au g se p t Oc t No v oe c Ja n Fe b Ma r Ap r Ma Y Ju n FY 1o t a \ Ju l y Au g Se p t Oc t No v oe c Ja n Fe b Ma r Ap r Ma v Ju n FY To t a l a F' I 11 - 1 2 $6 6 0 $2 .18 1 $1 , 0 4 3 $6 1 5 $3 , 1 3 3 $4 , 2 3 5 $1 , 1 9 6 $1 , 4 0 7 $2 , 4 3 6 $5 8 1 $2 , 1 0 6 $1 , 3 3 7 $2 0 , 9 3 0 a F' I 12 - 1 3 $1 , 6 7 5 $1 , 5 3 4 $1 , 1 0 0 $8 3 5 $5 3 9 $7 0 2 $3 , 1 3 8 $6 9 3 $8 2 5 $1 , 1 9 3 $5 , 0 2 1 $1 , 2 7 9 $1 8 , 5 3 4 F' I 13 - 1 4 $2 , 5 3 0 $1 , 5 9 4 $3 , 2 8 9 $1 , 7 2 2 $9 2 6 $7 2 5 $3 , 2 5 1 $8 6 2 $1 , 0 2 3 $6 5 0 $2 , 4 4 6 $7 4 1 $1 9 , 7 5 9 • F' I 14 - 1 5 $1 , 2 7 5 $1 , 7 4 5 $1 , 0 9 3 $1 , 3 7 0 $1 , 0 9 2 $7 8 3 S6 5 0 $1 , 3 2 7 $9 7 1 $1 , 2 0 3 $1 , 5 3 5 $1 , 9 1 2 $1 4 , 9 5 6 • FY 15 - 1 6 $1 , 5 4 9 $1 , 6 1 1 $5 6 9 $1 , 7 0 3 $1 , 0 8 2 $6 9 1 $6 , 9 4 8 $8 8 5 $1 , 5 4 0 $3 2 , 1 7 5 $2 , 2 8 4 $9 7 6 $5 2 , 0 1 3 FY 16 - 1 7 $1 , 7 6 5 $2 , 0 2 6 $2 , 0 7 0 $4 8 0 $3 , 0 2 5 $4 0 7 $1 , 7 4 9 $- $- $- $- $- $1 1 , 5 2 2 030617 HC BOC Page 133 Pe r m i t s Is s u e d By Mo n t h a FY 11 - 1 2 a F'I 12 - 1 3 3, 0 0 0 2. s o o 2, 0 0 0 F' l 13 -14 a F' l 14-15 1, s o o • F' l 15-16 1. 0 0 0 so o F' l 16 -17 0 Ju l Au g Se p t Oc t No v oe c Ja n Fe b Ma r Ap r Ma v Ju n F' I 'T o t a l Ju l Au g Se p t Oc t No v oe c Ja n Fe b Ma r Al ' . ) r Ma v Ju n f' / iO t a l a F' l 11 - 1 2 19 2 2s o 20 7 19 7 22 3 16 0 17 2 22 2 21 8 21 9 22 2 27 5 2, S 5 7 a F' l 12 - 1 3 26 S 24 1 21 9 21 0 19 9 18 2 25 4 2S l 20 1 26 7 25 9 23 5 2, 7 8 3 F' l 13 - 1 4 26 3 24 8 17 4 21 1 18 7 16 1 20 3 18 6 31 9 28 6 26 5 29 1 2, 7 9 4 • F' l 14 - 1 5 29 8 22 7 18 8 20 0 18 3 25 0 21 3 14 3 27 8 29 4 30 3 28 5 2, 8 6 2 a F' l 15 - 1 6 26 8 26 9 22 2 21 2 20 8 16 7 20 1 19 6 26 8 26 8 29 3 22 8 28 0 0 F' l 16 - 1 7 22 9 33 9 25 9 20 4 26 7 21 3 24 1 17 5 2 030617 HC BOC Page 134 Ma n u f a c t u r e d Ho m e Si n g l e- Fa m i l y To t a l 11 49 60 5 98 10 3 50 0 40 0 30 0 20 0 10 0 0 11 4 9 60 SF H an d Ma n u f a c t u r e d Ho m e Pe r m i t s Is s u e d F Y 16 - 1 7 -· .I Ju l y Au g Se p t Oc t No v De c Ja n Fe b Ma r c h Ap r i l Ma y Ju n e To t a l s - Ma n u f a c t o r e d Ho m e - Si n g l e - F a m i l y - To t a l 9 12 1 2 13 0 0 47 62 33 4 9 0 0 56 74 45 62 0 0 0 0 0 73 0 0 0 387 0 0 0 460 030617 HC BOC Page 135 s1 5 o , o o o . o o o s1 0 0 , o o o . o o o s5 0 , o o o , o o o $ - Ju l Au g Se p t Oc t R es id e nt i a l AP P i i c a t i o n V a lu a t i o n BV Mo n t h No v oe c Ja n Fe b Ma r Ap r Ma v Ju n FY io t a \ FV iota\ Ju l Au g Se p t Oc t No v De c Ja n Fe b Ma r Ap r Ma v Jun a FY 11 - 1 2 $1 1 . 4 7 3 , 9 3 $2 7 3 , 6 9 7 59 , 1 2 1 , 2 1 4 51 0 , 0 9 4 , 6 3 58 , 8 9 1 , 8 2 6 54 , 2 1 2 , 1 0 4 57 , 5 9 5 , 6 9 6 51 0 , 6 4 3 , 0 9 57 , 8 9 6 , 4 9 9 58 , 0 4 7 , 6 3 5 51 5 , 4 6 9 , ' 3 51 2 , 9 6 8 , 8 2 5106,688,6 a FY 12 - B 56 , 6 4 8 , 2 1 1 51 1 , 2 1 6 , 4 8 58 , 1 8 6 . 4 8 3 59 , 71 3 , 6 5 ' 58 , 8 8 4 , 6 6 9 58 , 4 0 , , 1 4 6 51 4 ,6 8 2 , 2 0 51 2 ,3 3 4 , 3 2 51 2 , 3 9 3 , 6 1 51 1 . 2 9 s , 2 0 59 , 3 9 4 , 1 0 9 51 0 , 2 9 1 . 5 2 5123,449 ,6 ,v t > - 1 4 51 3 , 21 0 , 0 1 51 0 , 2 1 1 , 2 2 ss , 1 3 6 . 2 3 3 59 , 1 0 5 , 5 1 3 55 , 6 3 9 , 5 1 3 51 . s s s , 2 6 0 56 , 5 5 3 , 0 2 0 56 , 8 1 1 , 9 7 0 51 0 , 9 9 4 , 3 6 58 , 9 - 0 7 ,o9 3 58 , 4 9 2 , 7 6 7 54 , 6 4 4 , 8 8 5 591,930,86 a FY 14 - 1 5 56 , 1 2 4 , 1 7 5 57 , 5 0 2 , 8 4 2 52 , 8 1 5 , 2 5 7 56 , 3 8 9 , 4 2 0 53 , 4 7 9 , 3 5 8 57 , 4 7 9 , 2 2 9 56 , 1 7 7 , 8 1 4 54 , 5 9 7 , 0 4 4 51 1 , 6 6 8 , 5 0 57 , 6 9 5 , 4 0 8 51 5 , 9 5 0 , 9 2 57 , 4 8 3 , 8 6 1 587 ,363,83 55 , 6 2 0 , 1 6 2 51 2 ,3 3 2 , 3 0 51 0 , 7 3 9 , 9 5 5 s , o n ,2 9 5 51 2 , 4 9 5 , 0 0 55 , 9 9 2 , 8 9 5 5118,901.1 $59,663,72 a FY 1 5 - 1 6 51 1 , 4 9 4 , 10 51 0 , 1 9 2 , 14 57 , 7 2 1 , 9 4 2 59 , 5 9 6 , 1 9 0 51 3 , 5 2 4, 0 4 51 1 , 1 1 5 , 0 7 FY 16 - 1 7 58 , 0 6 2 , 4 2 7 51 4 , 4 6 8 , 9 3 56 , 2 2 8 , 5 0 4 55 , 3 6 7 , 7 8 8 51 0 . 4 0 3 , 9 4 58 , 5 1 5 , 2 2 7 56 , 6 1 6 , 8 9 8 a FY 11-12 a FY 1213 FV 13 -14 a FY 14-15 a FV 15-16 FY 16-17 030617 HC BOC Page 136 Re c r e a t i o n Fe e s By To w n s h i p (T O T A L S SI N C E 10 11 10 6 ) No re c r e a ti on a l fe e s we r e tr a c k e d pr io r to Oc t o b e r o f FY 06 - 0 7 $1 ,20 0 , 0 0 0 - . - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - $1 ,00 0 , 0 0 0 - - - - $8 0 0 , 0 0 0 - - - - $6 0 0 , 0 0 0 - t - - - - $4 0 0 , 0 0 0 - - - - $2 0 0 , 0 0 0 $0 ... . - - ' ' I ' ~ I ' ' ' ' ' An d e r s o n Av e r a s b o r o Ba r b e c u e Bl a c k Ri v e r Bu ck ho r n Du k e Gr o v e He c t o r s Jo hn s o n v i ll e Li l l i n g t o n Ne ill s Creek Stewarts Upper Litt le Cr e e k Cr e e k Creek Rive r • Fe e s I $1 , 0 9 1 ,50 0 $6 , 5 0 0 $3 8 9 ,5 0 0 $6 1 ,0 0 0 $0 $0 $0 $1 23 ,00 0 $1 9 1 ,50 0 $0 $0 $77,500 $49 ,000 030617 HC BOC Page 137 Lo t s By To w n s h i p (T O T A L S SI N C E 10 1 1 1 0 6 ) No lo t s we r e tr a c k e d pr i o r to Oc t o b e r o f FY 06 - 0 7 25 0 0 - r - ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ - - - - - 20 0 0 15 0 0 10 0 0 - - - - - 50 0 0 - - - - - - ' I ' ~ ' ' ' ' ' ' ' An d e r s o n Av e r a s b o r Ba r b e c u e Bl a c k Bu c k h o r n Du k e Gr o v e He c t o r s Jo h n s o n v i ll Li l l i n g t o n Ne i l l s Stewarts Upper Cr e e k 0 Ri v e r Cr e e k e Cr e e k C r eek Li ttle Rive r • Lo t s I 21 8 3 13 77 9 12 2 0 0 0 11 8 38 3 0 0 155 98 030617 HC BOC Page 138 -"' (U (U u C: 0 r (U 'O C: <t • s 0 ., --~-~ ":. a, I'--~ Q. n I I..D n 0 ..__ >- V') C 0 +-' cu u Q. 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I- 0 a. 0 ~ :.:J z V) :::, I-• • • • • • 1eio1 UO!l!IOW<IO 1e,iuap !S<IH J<lll\f /PP\f 1e,iuap,saH-UON J<lll\f/PP\i 1e,iuap,saH -UON J<l4l0 aJ!/\J<IS Jawoisn) '8 saJOlS eze1d ~ue9/aJ!:HO s1004J5 '8 suo,ini,i su1 's 1ei!dSOH S<l!l!ll!P\f 1epJaWWO) S<ll!l !ln '8 S)jJOM J!lqnd ·1e!JlSnpu1 sno!ll!l aH Ja4io JO 4JJn4) 1eu oqeaJJaH JO 1epo5 'iuawasnwv s1aio1111/s 1aioH S<IWOH paJnpe}nUl?IIIJ sllU!ll<IMO A1,we~ a1dq 1n1111 SlJLI!ll <IMO xa1dna sllu!I J<IMO Al!we~ a1llu!s LI·9I 31\fO 01 H'7'3A 030617 HC BOC Page 139 030617 HC BOC Page 140 030617 HC BOC Page 141