HomeMy WebLinkAbout071618a Agenda PackageHARNETT COUNTY BOARD OF COMMISSIONERS
County Administration Building
420 McKinney Parkway
Lillington, North Carolina
Regular Meeting
July 16, 2018
1. Call to order -Chairman Gordon Springle
7:00pm
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. Hamett County GIS/E-911 requests approval of a land lease for the Cokesbury 911
Communication Tower located at 130 Oakridge River Road.
E. Hamett County Capital Project Director requests approval of the Brightwater
Technology Park Infrastructure Improvements Phase II Project Ordinance totaling
$697,813. This project consists of the construction of approximately 540 linear feet
of roadway to extend Brightwater Drive to include associated storm drainage and
gravity sewer. This project will be funded through a $500,000 Golden Leaf grant and
partially funded through HCDPU reserves.
F. Hamett County Capital Project Director requests approval of an engineering
agreement with WithersRavenel, Inc. at a cost of $74,700 for the design and
construction administration of Brightwater Technology Park Infrastructure
Improvements Phase II Project. These cost will be paid out of project funds.
G. Hamett County Finance Officer requests adoption of a resolution authorizing an
intitial contribution of $100,000 into the NC State Treasurer's Ancillary
Governmental Participant Investment Program (AGPIP). These funds, invested in the
AGPIP, will be used to fund the Hamett County Other Post Employment Benefits
(OPEB) Trust.
H. Hamett County Finance Officer, in accordance with Governmental Finance Officers
Association (GFOA) best practices, requests approval of the agreement establishing
the Hamett County Other Post Employment Benefits Trust (OPEB) Trust.
I. Hamett County Finance Officer requests adoption of a resolution authorizing an
intitial contribution of $100,000 into the NC State Treasurer's Ancillary
Governmental Participant Investment Program (AGPIP). These funds, invested in the
AGPIP, will be used to fund the Hamett County Law Enforcement Officer Special
Separation Allowance (LEOSSA) Trust.
J. Hamett County Finance Officer, in accordance with Governmental Finance Officers
Association (GFOA) best practices, requests approval of the agreement establishing
the Hamett County Law Enforcement Officer Special Separation Allowance
(LEOSSA) Trust.
K. Hamett County Parks and Recreation requests adoption of bylaws for the newly
created Parks and Recreation Advisory Committee.
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L. Harnett County Human Resources requests waiver of unpaid dental cost for retiree
Eunice Matthews in the amount of $144.10 and retiree Ken Slattum in the amount of
$138.32 totaling $282.42 .
M. Harnett County General Services requests approval of the Airport Management
(FBO) Selection Committee's recommendation to award Warren Investment
Company of NC the contract to manage the Harnett Regional Jetport for the next five
(5) years. General Services also requests approval to negotiate the contract with
Warren Investment Company of NC.
N. Harnett County Public Utilities requests approval of write-offs for the second quart of
2018 in the amount of $24,264.42.
0. Development Services requests approval to put back into the FY 2018/19
Development Services Fee Schedule the Sheathing Inspection in the amount of
$50.00, which was deleted in error.
P. Resolution by the Harnett County Board of Commissioners Amending To Three
Percent (3%) The Harnett County District H Room Occupancy Tax.
Q. Administration requests approval of an agreement between the County of Hamett and
Lucknow Properties LLC to lease the property at 107 East Broad Street, Dunn, for the
purpose of housing Harnett County Probation/Parole, for which the County is
statutorily required to provide space.
R. Harnett County Manager Paula Stewart requests approval of two new Assistant
County Manager positions at Grade 36.
5. Period of up to 30 minutes for informal comments allowing 3 minutes for each
presentation
6. Appointments
7. Harnett County Public Utilities requests approval of the revised HCDPU Water and Sewer
Ordinance to accommodate recent legislation passed by the NC General Assembly. The
legislation amends when system development fees can be collected for subdivisions.
8. Public hearing concerning economic development appropriations as set forth in the Harnett
County, North Carolina budget for the fiscal year beginning July 1, 2018 well as as
appropriations for specific economic development incentives.
9. County Manager's Report -Paula Stewart, County Manager
10. New Business
11. Closed Session
12. Adjourn
Veteran Services Activities Report -June 2018
Public Health Activities Report-June 2018
Development Services Report -May 2018
Harnett County Financial Summary -May 2018
Harnett County Sales Tax Analysis by Article -March 2018
NC Total Retirement Plans Contribution-Based Benefit Cap Report
Interdepartmental Budget Amendments
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Agenda Item __ 4.:...-.:...A=-..,,.
HARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Work Session
July 10, 2018
The Harnett County Board of Commissioners met in work session on Tuesday, July 10, 2018, in
Conference Room A, County Administration Building, 420 McKinney Parkway, Lillington,
North Carolina.
Members present:
Staff present:
Gordon Springle, Chairman
Howard Penny, Vice Chairman
Abe Elmore, Commissioner
Barbara McKoy, Commissioner
Joe Miller, Commissioner
Paula Stewart, County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Margaret Regina Wheeler, Clerk
Chairman Springle called the meeting to order at 9:00 am and led the Pledge of Allegiance and
invocation.
The following agenda was before commissioners:
~ Joint Meeting with Harnett County Social Services Board
~ Parks and Recreation Advisory Committee
~ Request for waiver of unpaid dental cost for retirees
~ Airport Management (FBO) Selection Committee's recommendation for the
management of the Harnett Regional Jetport
~ County Manager's Report:
~ Closed Session
~ Adjourn
July 16, 2018 Regular Meeting Agenda Review
Invitations and upcoming meetings
Harnett County Social Services Board members Billie Bryant and Eric Thornton joined the
Board. Gordon Springle also serves as a member of the Harnett County Social Services Board.
Mrs. Bryant called the meeting of the board to order.
Vice Chairman Howard Penny moved that the Board go into closed session to discuss with the
Hamett County social Services Board certain personnel matters. This motion is made pursuant
to N.C. General Statute Section 143-318.1 l(a)(6). Commissioner Miller seconded the motion
that passed unanimously.
July 10, 2018 Work Session Minutes
Hamett County Board of Commissioners
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Eric Thornton moved that the Social Services Board go into closed session to discuss personnel
matters. Gordon Springle seconded the motion that passed unanimously.
Mrs. Bryant and Mr. Thornton left the meeting following closed session.
Hamett County Parks and Recreation Director Carl Davis said staff would like to develop
a Parks and Recreation Advisory Committee. Mr. Davis said the committee, who would serve as
a liaison, would represent the interests of the citizens of Harnett County by providing guidance
for Parks and Recreation in planning for future needs and trends in the area of recreation as well
as promoting the parks, facilities and events. He said members would serve as volunteers and
briefly reviewed the bylaws including membership for the proposed advisory committee. The
Board will consider approval of the Parks and Recreation Advisory Committee Bylaws during
their upcoming regular meeting.
Chairman Springle noted he recently attended a meeting with several municipal mayors where
staff mentioned the proposed Parks and Recreation Advisory Committee. Chairman Springle
announced the County is now giving each town, along with Western Hamett Recreation, the
same amount of $27 per child per sport. Discussions continued regarding park and recreation
programs.
Hamett County Human Resources Director Heather Pollard requested a waiver of unpaid dental
cost for Medicare retiree Eunice Matthews for $144.10 and Medicare retiree Ken Slattum for
$138.32 totaling $282.42. Mrs. Pollard noted the unpaid costs were due to an internal error. She
said neither retiree has used the $200/month supplemental reimbursement since retiring, either
having NC State Government and Tri-Care plans and do not need the supplement. Discussions
continued. Commissioners will consider approval of the request for waiver of unpaid dental cost
during their upcoming regular meeting.
Hamett County General Services Assistant Director Anna Peele presented the Airport
Management (FBO) Selection Committee's recommendation of Warren Investment Company of
NC to manage the Harnett Regional Jetport for the next five (5) years. She briefly reviewed the
interview process and recommendations. If awarded, staff requests approval to begin
contract negotiations with Warren Investment Company of NC. Staff noted we would like to
manage our jetport ourselves at some point in the future . Commissioners will consider approval
of the award of contract during their upcoming regular meeting.
Beth Blinson with Harnett County General Services provided an update on on-going air
cond itioning issues throughout county government.
Mrs. Stewart reviewed the draft July 16 , 2018 regular meeting agenda. She also reviewed the list
of invitations and upcoming meetings. Chairman Spring le asked that the DSS monthly report be
provided to commissioners monthly.
July 10, 2018 Work Session Minutes
Harnett County Board of Commissioners
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Mrs. Stewart also updated the board regarding a recent citizen complaint regarding a $100 meter-
tampering fee with Harnett County Public Utilities.
Commissioner Miller moved that that the Board go into closed session for the following
purposes:
1) To consult with the County's legal staff in order to preserve the attorney-client privilege
concerning the handling of certain claims and litigation including the following cases:
a. McNeill, et al vs Stone, et al, Harnett File No. 18 CVS 1083;
b . Workers Compensation case of Lynn E. Jackson, IC No. 16754262.
2) To instruct the county staff concerning the position to be taken by the County in
negotiating a contract for the acquisition of real property.
3) To discuss certain personnel matters, and
4) To discuss economic development matters.
This motion is made pursuant to N.C. General Statute Section 143-318.11 (a)(3),(5),(6) & ( 4).
Vice Chairman Penny seconded the motion, which passed unanimously.
Commissioner Elmore moved that the Board come out of closed session. Commissioner Miller
seconded the motion, which passed unanimously.
Commissioner Elmore moved to adjourn the meeting. Vice Chairman Penny seconded the
motion, which passed unanimously.
Gordon Springle, Chairman Margaret Regina Wheeler, Clerk
July 10, 2018 Work Session Minutes
Harnett County Board of Commissioners
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HARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
June 18 , 2018
The Hamett County Board of Commissioners met in regular session on Monday, June 18, 2018,
in the Commissioners Meeting Room, County Administration Building, 420 McKinney
Parkway, Lillington, North Carolina.
Members present:
Staff present:
Gordon Springle, Chairman
Howard Penny, Vice Chairman
Barbara McKoy, Commissioner
Joe Miller, Commissioner
Abe Elmore, Commissioner
Paula Stewart, 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 and led the Pledge of Allegiance and
invocation.
Chairman Springle called for additions or deletions to the published agenda. Mrs. Stewart
asked to remove from the agenda 1) Hamett County Administration's request for approval
of a Resolution to Establish an Irrevocable Trust for Other Postemployment Benefits
(OPEB), and 2) Director of Capital Project's request for approval of the NCDOT
agreement for the construction of an access road to North Hamett Primary. She requested
the addition of Development Service's request to accept the Abandoned Manufactured
Home Grant Contract #7555 for $10,000 from the N.C. Department of Environmental
Quality. Commissioner Miller moved to approve the agenda as amended. Vice Chairman
Penny seconded the motion, which passed unanimously.
Vice Chairman Penny moved to approve the consent agenda. Commissioner Miller
seconded the motion, which passed unanimously.
1. Budget Amendments:
451 Sheriffs Office
Code 110-8701-490.90-05
110-5120-420.11-14
110-5120-420.21-00
110-5120-420.60-36
110-5120-420.43-15
110-5120-420.58-01
110-5120-420.60-33
110-5120-420.41-13
Interfund Transfer Capital Reserve
Salaries & Wages Longevity
Group Insurance
Uniforms
Repair & Maintenance -Building
Training
Materials & Supplies
Utilities
24,489 increase
3,239 decrease
16,250 decrease
4,000 decrease
560 decrease
35 decrease
250 decrease
15 5 decrease
June 18, 2018 Regular Meeting Minutes
Hamett County Board of C ommissioners
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071618a HC BOC Page 6
457 Public Utilities -PU0704 Ft Bragg WS&WW
Code 568-9100-431.46-01 Residual Equity Transfer
568-9100-431.43-16 Maintenance & Repairs
568-9100-431.45-01 Construction
568-9100-431.45-20 Legal & Administration
568-9100-431.45-33 Materials & Supplies
568-9100-431.45-40 Land & Right of Way
568-9100-431.45-80 Contingency
568-9100-431.46-04 Sullivan Contracting
568-9100-431.46-06 Sanford Contracting
568-0000-356.91-02 PWC-Transition
568-0000-356.91-03 Reimbursements
568-0000-356.91-04 US Gov't Construction
568-0000-314.50-00 Sales Tax
462 General Fund -Medical Examiner
Code 110-5700-420.32-14 Medical Examiner
110-8800-490.32-16 Contingency
463 Veterans Treatment Court
Code 253-4403-441.33-45 Contracted Services
253-4403-441.58-01 Training & Meetings
253-4403-441.60-45 Drug (kits)
253-0000-331.88-03 SAMHSA
464 Department of Aging
Code 110-7500-441.33-45 Contracted Services
110-0000-3 5 3. 7 5-03 Aging Donations
466 lnterfund Transfers
Code 110-8701-490.90-05 lnterfund Transfer -Capital Reserve
110-0000-399.00-00 Fund Balance Appropriated
467 Airport Capital Reserves CPI302
Code 301-8300-406.90-03 Capital Project
301-8300-406.46-01 Residual Equity Transfer
301-0000-389.10-00 General Fund
301-0000-3 51. 00-00 Miscellaneous
301-0000-378.00-00 Residual Equity
4 70 Cooperative Extension -Adolescent Parenting Program
Code 110-7319-465 .11-00 Salaries & Wages
110-7319-465 .21-00 Group Insurance
110-7319-465 .21-05 Employee Clinic
110-7319-465.21-07 Dental
110-7319-465.22-00 FICA
5,171,322 increase
3 decrease
4 decrease
937 decrease
126,818 decrease
2 decrease
13,128 decrease
6,445 decrease
1 decrease
2,739,296 increase
2,378,699 increase
94,573 decrease
562 increase
20,000 increase
20,000 decrease
68,000 increase
1 7, 100 increase
12,000 increase
97, 100 increase
580 increase
580 increase
1,100,000 increase
1,100,000 increase
199, 129 decrease
218,310 increase
19, 180 decrease
38,200 increase
161 increase
5,183 increase
390 increase
23 increase
47 increase
146 increase
June 18 , 2018 Regular Meeting Minutes
Hamett County Board of Commissioners
Page 2 of9
071618a HC BOC Page 7
470 Cooperative Extension -Adolescent Parenting Program continued
Code 110-7319-465.23-00 Regular Retirement 308 increase
110-7319-465.23-01 Supplemental Retirement 114 increase
110-0000-331. 73-19 Revenue -Adolescent Parenting Program 6,211 increase
476 Special Districts Fund
Code 242-8001-420.82-10 Special School District -Current Tax
242-8001-420.82-20 Special School District -Delinquent
242-8002-420.82-10 Anderson Creek -Current Tax
242-8004-420.82-10 A verasboro Fire -Current Tax
242-8005-420.82-10 Benhaven Fire -Current Tax
242-8007-420.82-10 Black River Fire -Current Tax
242-8008-420.82-10 Boone Trail Fire -Current Tax
242-8009-420.82-l O Buies Creek Fire -Current Tax
242-8011-420.82-10 Cypress Creek Fire-Current Tax
242-8013-420.82-l O Erwin Fire -Current Tax
242-8014-420.82-10 Flat Branch Fire -Current Tax
242 -8016-420.82-10 Grove Fire -Current Tax
242-8017-420.82-10 NW Harnett Fire -Current Tax
242-8019-420.82-10 Spout Springs-Current Tax
242-8021-420.82-l O West Area -Current Tax
242-8021-420.82-20 West Area -Delinquent
242-8022-420.82-10 Crains Creek -Current Tax
242-8024-420.82-10 Benson Banner -Current Tax
242-8025-420.82-10 Godwin Falcon -Current Tax
242-8033-420.82-10 Summerville/Bunnlevel -Current Tax
242-8034-420.82-10 Flatwoods (Lillington) -Current Tax
242-8034-420.82-20 Flatwoods (Lillington) -Delinquent
242-8035-420 .82-10 West Johnston -Current Tax
242-0000-311 .10-00 Current Year Taxes
242-0000-311.20-00 Prior Year Taxes
4 77 Benhaven Elementary School -CP 1702
Code 336-8300-480.47-55 Media Center Materials
336-8300-480.47-62 Contingency
481 Social Services
Code 110-7710-441.88-15 Special Needs Adoptions
110-7710-441 .89-11 Child Abuse Awareness
110-7710-441.89 -13 Elder Abuse Awareness
110-7710-441.80-60 Day Care Smart Start
110-0000-334.77-03 Special Needs Adoptions
110-0000-353.77-04 Child Abuse Awareness
110-0000-353.77-05 Elder Abuse Awareness
110-0000-330 .77-05 Day Care Smart Start
12,024 increase
108 increase
73 ,620 increase
57,200 increase
41,556 increase
50,469 increase
26 ,342 increase
36,237 increase
2,057 increase
27,125 increase
27,932 increase
34,313 increase
44,813 increase
117,024 increase
1,846 increase
1, 110 increase
3 ,405 increase
8,852 increase
126 increase
31 ,380 increase
6,836 increase
435 increase
982 increase
604,138 increase
1,654 increase
19,018 decrease
19,018 increase
57,888 increase
3 ,490 increas e
1,208 increase
745 ,000 increase
57 ,888 increase
3,490 increase
1,208 increase
745,000 increase
June 18 , 201 8 Regul ar Meeting Minutes
Harnett County Board of Commissioners
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071618a HC BOC Page 8
2. Tax rebates, refunds and releases
3. Harnett County Economic Development requested approval to accept a grant in the
amount of $500,000 from Golden LEAF Foundation. Grant funding will be used to
extend public infrastructure to Brightwater Technology Park's Phase IIA.
4 . Harnett County Public Library requested approval of a Memorandum of Agreement to
continue membership in the NC Cardinal Consortium. This collaboration with the N.C.
State Library and other member libraries leverages federal and local funds to achieve
operational efficiencies and savings for the library while providing more effective use of
public resources.
5. Harnett County Emergency Services requested approval of the service contract with
Kramer & Associates Group, in the amount of $84,700, for the Harnett County
Emergency Services Study. The term of contract is July 1, 2018 through January 1,
2019.
6. Harnett County General Services requested approval to donate ten window fans to the
Department on Aging's Operation Fan/Heat Relief program. Approximate cost of
donation is $160.00. These fans were purchased by the department to help with air
circulation during major A/C maintenance repairs at DSS/Health buildings in May 2018.
7. Sheriff Coats requested approval of a resolution awarding a service weapon to Deputy
Roy Green upon his retirement. (Attachment 1)
8. Sheriff Coats requested approval of a resolution awarding a service weapon to Deputy
Thomas Parker upon his retirement. (Attachment 2)
9. Development Services requested approval to accept the Abandoned Manufactured
Home Grant Contract #7555 in the amount of $10,000 from the North Carolina
Department of Environmental Quality.
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 Senter Lane in Bunnlevel talked about CCCC's "Tech
Like a Girl" workshop offered recently.
Jon Hockaday of 2630 Bristol Way in Sanford, speaking as the General
Manager of the Anderson Creek Club, opposes the 6% occupancy tax . He said
they are concerned about remaining competitive with this additional cost. Mr.
Hockaday said he hopes the board will rescind the tax as previously discussed.
Kevin Mishra, owner of Microtel Inn & Suites at 300 East Cornelius Hamett
Boulevard in Lillington, first announced the hotel had recently received an
awarded from Wyndham Hotels. Mr. Mishra said the occupancy tax going from
zero to 6% was a huge jump, which he has seen significant impact of over the
last few months. He asked the Board to consider dropping the tax down to 2%
and see how it goes from there.
June 18, 2018 Regular Meeting Minutes
Hamett County Board of Commissioners
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071618a HC BOC Page 9
Rodney Johnson of the Anderson Creek area talked about paying Hamett
County employees bi-weekly instead of monthly.
Kent Jeffries of the Chalybeate Springs area said he wanted to make the Board
aware of a recent NC Court of Appeals ruling regarding some of the shooting
ranges at Drakes Landing.
Commissioner Miller moved to approve the appointments listed below. Commissioner McKoy
seconded the motion, which passed unanimously.
Harnett County Board of Adjustment
Gunnar Henderson was reappointed to serve on this board for a term of three years
expiring May 31, 2021 .
Walter Massey was reappointed to serve on this board for a term of three years expiring
June 30, 2021.
Harnett County District H Tourism Authority
Abhishek "Kevin" Mishra was appointed to serve on this authority for a term of two
years expiring June 30, 2020.
Jon Hockaday was appointed to serve on this authority for a term of three years expiring
June 30, 2021.
Commissioners discussed the occupancy tax in Harnett County. Chairman Springle said this had
been on their legislative agenda for several years. In March 2018, the Hamett County Board of
Commissioners approved a resolution imposing and levying, within Hamett County District H , a
six percent (6%) room occupancy tax of the gross receipts derived from the rental of any room,
lodging, or accommodations furnished by a hotel, motel, inn, tourist camp, or similar place
within the district that is subject to sales tax imposed by the State under G.S . I05-l64.4(a)(3)
effective May 1, 2018. This tax is in addition to any State or local sales or room occupancy tax.
Commissioner McKoy suggested lowering the occupancy tax to 3%. Mr. Mishra responded a
3% occupancy tax would be less of an impact that his business could partially absorb. Mr.
Hockaday responded where he stilled prefer no occupancy tax 3% was better than 6%. Mrs.
Honeycutt reported the County is now collecting this tax on the Airbnb rentals. Vice Chairman
Penny moved to lower Harnett County's occupancy tax to 3% from 6% effective July 1, 2018.
Commissioner Elmore seconded the motion, which passed unanimously.
Mr. Locklear petitioned the Board for a public hearing on the propos ed rezoning RZ-18-163
Landowners/Applicants: Rodney Stew art; 1.0 +/-acres; Pin #1528-91-7835.000; From Industrial
to RA-30; SR # 1810 (Stewart Road), Averasboro Township. The site is currently vacant and
surrounding land uses are farmland and residential uses. Services available include Harnett
County public water and private septic tank.
June 18 , 2018 Regular Meeting Minutes
Harnett County Board of Commissioners
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071618a HC BOC Page 10
Mr. Locklear stated that on June 4, 2018 the Hamett County Planning Board voted unanimously
( 4-0) to recommend approval based on compatibility with the surrounding uses. He noted Small
Scale Zoning was considered and all four facts were approved. Mr. Locklear noted no one
attended the meeting in opposition.
Mr. Locklear stated staff's 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 the surrounding uses.
The requested zoning district is COMPATIBLE with the existing Land Use
Classification. REASONING: The requested zoning to RA-30 is compatible with the
Land Use Classification of an Employment Mixed Use area. Although EMU areas are
typically located along, or in close proximity of, major thoroughfares and include prime
locations for economic development opportunities, residential development is appropriate
when not in conflict with existing or future industry or commercial uses.
The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The requested zoning to RA-30 would maintain the public health, safety
and general welfare due to the existing residential uses within the area.
The request is for a SMALL SCALE REZONING and should be evaluated for
reasonableness . REASONING: Due to the size of the tract and the proposed zoning
district ofRA-30 is not immediately adjacent; therefore, the application does need to be
evaluated for Small Scale Rezoning.
Suggested Statement-of-Consistency: Staff concludes that the requested rezoning to RA-30
would not have an unreasonable impact on the surrounding community and will maintain the
public health, safety and general welfare because of the existing agricultural and residential uses
within the area. Therefore, these uses lead to compliance with the adopted Land Use Plan and so
it is recommended that this rezoning request be approved.
Mr. Locklear responded the property was zoned commercial for several years, possibly due to
location. He noted an adjacent lot is currently being used as residential even though it is zoned
commercial. Services available include Hamett County public water and private septic tank.
Chairman Springle called to order a public hearing on the matter and opened the meeting for
comments from the public.
Rodney Stewart, applicant, spoke in favor of the proposed rezoning.
Seeing no one else move, Chairman Springle closed the public hearing. Commissioner Elmore
moved to approve the requested rezoning to RA-30 as it is compatible with Hamett County
regulatory documents, would not have an unreasonable impact on the surrounding community
based on the existing residential uses in the area, and therefore complies with the County's Land
Use Plan. Commissioner Miller seconded the motion that passed unanimously.
June 18 , 2018 Regular Meeting Minutes
Hamett County Board of Commissioners
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071618a HC BOC Page 11
Mr. Locklear petitioned the board for a public hearing on proposed text amendment to the
Harnett County Unified Development Ordinance, Article IV: Zoning & Overlay Districts,
Section 14.3.5: Compatibility Design Concept Table. Mr. Locklear said the reason for the
requested change is to amend Hamett County 's U.D.O. and its residential development
guidelines. He said we are technically increasing our standards and responded to questions.
Mr. Locklear reported that on June 4, 2018 the Harnett County Planning Board voted
unanimously ( 4-0) to recommend approval based on compatibility with the County's regulatory
documents. He noted Development Services staff recommends approval of the requested Text
Amendment as this is compatible with Harnett County regulatory documents as such residential
densities are compatible with the Land Use Plan. Mr. Locklear said no one attended the meeting
in opposition.
Chairman Springle called to order a public hearing on the matter and opened the meeting for
comments from the public.
Cris Nystrom of 391 Senter Lane in Bunnlevel spoke in favor of the proposed text
amendment.
Seeing no one else move, Chairman Springle closed the public hearing. Vice Chairman PeIU1y
moved to approve a Resolution Amending the Harnett County Unified Development Ordinance,
Article IV: Zoning & Overlay Districts Section 14.3.5: Compatibility Design Concept Table as it
is compatible with Hamett County regulatory documents as such residential densities are
compatible with the Land Use Plan. Commissioner Elmore seconded the motion that passed
unanimously. (Attachment 3)
Hamett County Public Utilities Director Steve Ward petitioned the Board for a public hearing on
Hamett County's FY 2018-2019 Water and Sewer System Development Fees. Steven Miller
with WR Martin Management Consulting, who was commissioned by Harnett County Public
Utilities , in order to comply with N.C. House Bill 436 (HB 436) that requires each unit of local
government that provide public water and/or sewer services prepare and submit a Water and
Sewer System Development Fee Analysis (SDF). Mr. Miller noted HB 436 was ratified to
address fee inconsistencies among public providers including calculation methodologies and
implementation. The new law provides specific guidelines that public water and sewer providers
must follow to change SDFs. He noted this analysis established appropriate fee levels for
different types of customers using the American Water Works Association System Buy In
Approach. Mr. Miller briefly reviewed the analysis and recommendations for implementing
SDFs to be charged to new customers coIU1ecting to the water and sewer systems. He said this
process must be repeated at least once every five years. Mr. Miller responded that the analysis
basically gives a more streamlined understanding as to where these fees are coming from and
where the money is going.
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 Adopting the Harnett County Water and
Sewer System Development Fee Analysis and recommended system development fee schedule.
Commissioner McKoy seconded the motion that passed unanimously. (Attachment 4)
June 18, 2018 Regular Meeting Minutes
Harnett County Board of Commissioners
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071618a HC BOC Page 12
Superintendent Aaron Fleming addressed the Board regarding the proposed FY 2018/19 Budget.
Mr. Fleming shared his concern that the "loss" of around $160,000 in the proposed budget would
require Harnett County Schools and the School Board to activate a reduction in force of
approximately 15 positions. He also stated there was no funding in the proposed budget to
continue the school safety officer program began earlier this year. Mr. Fleming requested an
amendment to the proposed budget that would increase the school district's current expense
allotment by $435,000. He said he may need to come back later in the fiscal year to request
$426,000 in additional funding to continue to fund those 15 positions. Mr. Fleming said there is
currently a gap of approximately $861,000. He also asked the Board to consider funding the
School Safety Officers prior to opening of the school year in August. Discussions continued.
The Board will consider increasing Harnett County School 's current expense allocation by
$422,916 in the proposed budget. The additional funding represents the difference in the fiscal
year 2017-18 Teacher Supplement budget and the actual amount reimbursed to the Board of
Education for this purpose. The Board will discuss the additional School Resource Officers
separately.
Mrs . Stewart noted the resolution to establish an Irrevocable Trust for Other Postemployment
Benefits (OPEB) would be forthcoming, along with a Trust Agreement; however, provisions
were made in the proposed budget to start funding that. Mrs. Stewart announced the public
hearing concerning economic development appropriations as set forth in the FY 2018/19 budget
will be held on July 16, 2018 at 7:00 pm.
Chairman Springle called to order a public hearing on the matter and opened the meeting for
comments from the public.
Sheriff Wayne Coats asked the Board to let him know their plans regarding additional
School Resource Officers as soon as possible.
Seeing no one else move, Chairman Springle closed the public hearing.
Following the public hearing, Administration requested approval of the FY 2018/19 Budget
Ordinance and budget. Vice Chairman Penny moved to approve the FY 2018 /19 Budget
Ordinance and budget to include an additional $422, 916 to Harnett County Schools, totaling
$23,354,163, with the additional funding to be appropriated from the General Fund balance.
Commissioner Miller seconded the motion that passed unanimously.
Mrs. Stewart presented the following reports :
Veteran Services Activities Report -May 2018
Public Health Activities Summary -May 2018
Harnett County Schools Financials -May 2018
Interdepartmental Budget Amendments
Commissioners nominated Chairman Springle as Harnett County's Voting Delegate at the
upcoming NCACC Annual Conference. Mrs. Stewart provided an update on the recent
Shawtown Community Meeting.
June 18, 2018 Regular Meeting Minutes
Harnett County Board of Commissioners
Page 8 of9
071618a HC BOC Page 13
There was no new business .
Commissioner Miller moved that the Board go into closed session for the following purposes:
1) To discuss certain economic development matters; and
2) To discuss certain personnel matters; and
3) To direct the County staff concerning the position to be taken by the County in
negotiating a contract for the acquisition of real property; and
4) Consultation with the County's legal staff in order to preserve the attorney-client
privilege concerning the handling of certain litigation including the following cases:
a. Anderson Creek Partners, L.P. vs Harnett County, et al
Harnett Count File No. 17 CVS 2251;
b. Anderson Creek Partners, L.P . vs Harnett County
Harnett County File No . 18 CVS 805.
This motion is made pursuant to N.C. General Statute Section 143-3 l 8. l l(a)(4)(6)(5)&(3).
Vice Chairman Penny seconded the motion, which passed unanimously.
Commissioner Miller moved that the Board come out of closed session. Vice Chairman Penny
seconded the motion, which passed unanimously.
Mrs. Stewart noted ReEntry is being allowed to store their furniture in the County's warehouse
until they relocate in Shawtown. She also noted Representative Lewis has invited
commissioners to tour Sandy Grove Middle School on August 15, 2018 at 9:30 am.
Commissioner Elmore moved to adjourn the meeting at 9: 14 pm. Commissioner McKoy
seconded the motion that passed unanimously.
Gordon Springle, Chairman Margaret Regina Wheeler, Clerk
June 18, 2018 Regular Meeting Minutes
Hamett County Board of Commissioners
Page 9 of9
071618a HC BOC Page 14
ATTACHMENT 1
·-.~.-: i Harnett
r5i~ C O U N T Y
~~iEZ:..,a-c·· ..... •· .... " ..... '3 N O R TH CA R O LI N A
RESOLUTION
THAT, WHEREAS , Roy G . Greene began bis Harnett County Law Enforcement career on
February 10, 1998; and
WHEREAS, after 20.3 years of distinguished service to Hamett County, Roy G. Green will
retire; and
WHEREAS, according to North Carolina General Statute 14-402 and 14-409.1, proper permits
have been obtained ( as attached) in order to receive the side arm.
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that
Roy G . Green be awarded the following service side arm for one dollar ($1.00): Glock Model 22
Serial Number FNR-466.
Duly adopted this 18th day of June 2018.
ATTEST:
strong roots • new growth
www.harnett.org
071618a HC BOC Page 15
PERMIT TO PURCHASE/REC/EVE A HANDGUN
State of North Carolina
HARNETT County
Pennit Number 20180Sl 70002
I , WAYNE COATS Sheriff of said county, do hereby certify that I have conducted a criminal background check of the applicant,
ROY GLENN GREEN , whose place of residence is ill.B MCLEAN CHAPEL CH RD,, BUNNLEVEL, ~ 28323-,in
HARNETT County, North Carolina and have received no information to indicate that it would be a violation of the State or Federal law
for the applicant to purchase, transfer, receive or posses s a handgun . The applicant has further satisfied me as to his, her (or) their good
moral character. Therefore, a permit is issued to ROY GLENN GREEN to purchase one pistol from any person, firm or corporation
authorized to dispose of the same.
This permit expires five years from its date of issuance listed below.
Issued this 11 day of May~ 2018
Expire the 11 day of May, 2023
Sheriff of HARNETT County
071618a HC BOC Page 16
ATTACHMENT 2
NORTH CAROLINA
HARNETT COUNTY
RESOLUTION
THAT, WHEREAS, Thomas G Parker, began his Harnett County Law
Enforcement career on November 7th 1994; and
WHEREAS, after 23.6 years of distinguished service to Harnett
County , Thomas G Parker will retire; and
WHEREAS, according to North Carolina General Statute 14-402
and 14-409.1, proper permits have been obtained (as attached ) in
order to receive the side arm.
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners that Thomas G Parker be awarded the following service
side arm for o ne dollar ($1.00). Glock Model 17c Seria l Number
KCS-785.
Duly adopted this J q+h day of _J',t.-.:YC>...SYl--&.1e-----' 2 0 / '{ •
HARNETT COUNTY BOARD OF COMMISSIONERS
~~
Chairman dme
071618a HC BOC Page 17
PERMIT TO PURCHASEIRECIEVE A HANDGUN
State of North Carolina
HARNETT County
Pennit Number 201805] 70001
I , WAYNE COATS Sheriff of said county, do hereby certify that I have conducted a criminal background check of the applicant,
THOMAS GARLAND PARKER , whose place ofresidence is ill WILL LUCAS RD., LINDEN.~ 28356-,in HARNETT
County, North Carolina and have received no infonnation to indicate that it would be a violation of the State or Federal law for the applicant
to purchase, transfer, receive or possess a handgun. The applicant has further satisfied me as to his, her (or) their good moral character.
Therefore, a permit is issued to THOMAS GARLAND PARKER to purchase one pistol from any person, fmn or corporation
authorized to dispose of the same .
This permit expires five years from its date of issuance listed below.
Issued this 11 day of May~ 2018
Expire the 11 day of May, 2023
.,.
071618a HC BOC Page 18
ATTACHMENT 3
Harnett
COUNTY J N _O_R __ T_H_C_A_R-OL_I_N_A------------------------------
www.harnett.org
A RESOLUTION AMENDING THE
HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE
WHEREAS, the Board of Commissioners of Hamett County adopted the UDO on October 1 7, 2011 for the
purpose of promoting the health, safety, and general welfare of the county residents; and
WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North
Carolina, particularly G.S. 153A-340; and
WHEREAS, the UDO contains provisions for amending said ordinance and those provisions have been followed;
and
WHEREAS, the Hamett County Planning Board has reviewed the amendment to the article of the UDO as
listed below and recommends the adoption of the following amendment.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT
COUNTY, NORTH CAROLINA that Article IV "Zoning & Overlay Districts", Section 14.3.5 "Compatibility
Design Concept Table" of the UDO shall be amended to read as indicated in "Attachment".
"Attachment" is filed with the Unified Development Ordinance in the Clerk to the Board's Office.
Duly adopted this 18th day of June, 2018 and effective upon adoption.
HARNETTC
strong roots • new growth 071618a HC BOC Page 19
Attachment
;l Ill Ill ~ ~ 0 § ;l ;l c73 u ~ ~ a: ... a: ~ < ~ ~ ~
i I ~ ; < a: 0.. .... a:
'->-< Ill C/l ... ii~ S: f::: ~ a: El: z i :>< ~ ;l 15 "' .... ::i Ill
Ill f 8, 2 It s ~ 0 2 vi "' f::: 8 8~ 0.. e; ~ ::, ~ gz ~ ::, c73 0 Vl u <) p.. :;) V) p.. I!)
RA-40 Zoning
I t u , MOR, C, CMU, EMU,ARR, ESA, A
150' 35' 25' J 10' 20' 0% J -1 -,1 ~40,000 sq. ft minimum lots 1 , __J
·-------------11-----!-----+-----L----!----lll---~'----,II_ -I--_-J1---+-----1-----a 150' 35' 25' ! 10' 20' 0% 1
~35,000 sq. ft minimum lots I -~-+-t' -....,..-+r---i'r----+----------1
~28,000 sq. ft. minimum lots 100' 35' 25' ' 10' 20' 10% -i-,: ./ ./ I I 1
Ii I ,, •
l I I
USE CLASS: MOR, RC, CMU, EMU
~21,000 sq. ft. minimum lots 100' 35' 25' 10' 20' 20%
100' I 35' , 25' 10' I 20' 0% ~30,000 sq. ft. minimum lots L' I ! --·------..j_
100;-, 3~ 25' 10' l 20' 0% 1 ~25,000 sq. ft. minimum lots I I
~20,000 sq. ft. minimum lots 80' 35' 20' 10' 20' 10% ./ ./ 1
USE CLASS: MOR, RC, CMU, EMU
~ 15,000 sq. ft. minimum lots 80' 30' 20' 10' 20' 20% ./ ./ 1
>20,000 sq. ft minimum lots 80' 35' 25' ' 10' I 20' 0% I
i I
----------------+·-80-,-l--3--0',--+---20~! 1~-, -----O'l-Y;-t~ ./
~ 15,000 sq. ft. minimum lots -J --1 I
• I !
1
~12,000 sq.ft.minirnurnlots 70' 25'
USE CLASS: MDR, RC, CMU, EMU
~9,000 sq. ft minimum lots 70' 20'
20' I 10' 20· 20% ./ ./
I
15' 5' I 15'
I
2 29'
---·-----------•---+-·--4------+------l--5' i 15' 70'
~~--./o---+--+--2--+--2-9_·-+--./---1
30% I ./ I ./• 2 29' ./ I !
~7,500 sq. ft minimum lo ts 20' 15'
USE CLASS: RC, CMU, EMU
~6,000 sq . ft minimum lots 60' 15' 10' 5' 15' 40% i ./
J
2 29'
-OPTIONAL ./ REQUIRED 1 PUBLIC WATER OR SEWER 2 PUBLIC WATER AND SEWER
www.harnett.org 071618a HC BOC Page 20
ATTACHMENT 4
COUN TY ~
Harnett
-------------------------------------NOR TH CAROLI NA
RESOLUTION TO ADOPT HARNETT COUNTY WATER & SEWER SYSTEM
DEVELOPMENT FEES
WHEREAS , North Carolina General Statute 162A, Article 8 requires that each unit of
local government that provides public water and/or sewer services or plans to provide such
services shall, either individually or together with other such units of local government, prepare
and submit a Water and Sewer System Development Fee Analysis; and
WHEREAS, as required by the statute and in the interests of sound local planning, a
Water and Sewer System Development Fee Analysis for the Harnett County Department of
Public Utilities, has been developed and a corresponding system development fee schedule
submitted to the Harnett County Board of Commissioners for approval ; and
www.harnen.org
WHEREAS , the Harnett County Board of Commissioners finds that the Water and Sewer '
System Development Fee Analysis is in accordance with the provisions of North Carolina
General Statute l 62A-209 and that it will provide appropriate guidance for the future
management of water and sewer development fees for Harnett County and its Water and Sewer
Districts as required by statute.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Harnett
County, acting on behalf of the County and its Water and Sewer Districts, that the Water and
Sewer System Development Fee Analysis dated J:.ne 18 Jo/I, is hereby adopted; and ,
BE IT FURTHER RESOLVED that the Harnett County Board of Commissioners intends
that this plan shall be revised to re flect changes in relevant data and projections at least once
every five years in accordance with the statute and sound planning practice.
Duly Adopted this the 18th day of June, 2018, upon motion made by Commissioner .I{/ m O ce.
and adopted by the following vote : Ayes 5 Noes O Absent Q
Board of Commissioners of the County of
H
By:
ATTEST:
strong roots • new growth 071618a HC BOC Page 21
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071618a HC BOC Page 22
\~
Agenda Item --"'4;.....;-B:;;.._.=
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 , 2019 :
Section 1. To amend the General Fund, Administration and Governing Body, the appropriations are to be
changed as follows :
EXPENDITURE AMOUN T AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-8199-450.36-30 NC Arts Coun cil $38,01 0
RE VE NUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-0000-334.41-10 NC Arts Council $38,010
EXPLANATION : To recognize the NC Arts Counc il pass through grant funding for new fiscal year.
APPROVALS:
~'"' ~~(,..J-
<o ..-J...S '18
Deportment Head (dote)
~C, kSk,_J(>J-
,_-c;,,,,i
Coun ty M a nager (date )
Section 2. Copies o f this budget a mendment shall b e furn ished t o the Clerk to the Board. and to th e Budget
Officer and the Finance Officer for t heir d irecti o n.
Adopted __________ ---''-----------
Margaret Regina Wheeler,
Clerk to the Board
Gordon Sp ringle, C hairm an
Harnett County Board of Comm
071618a HC BOC Page 23
I ~
BUDGET ORD INANCE 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, 2019:
Se ction 1. To amend the Benhaven Elementary School CP1702, the appropriations are to be changed as
follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
336-8300-480-4 7-30 G e neral Contractor $11,501
336-8300-480-4 7-62 Continaencv $11,501
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIP TION OF CODE INCREASE DECREASE
To re duce General Contract o r line sa les ta x amou nt PElO
EXPLANATION:
APPROVALS :
De~eod {dote) ;nonce O ; e, 'r~J \ ~~;;".i'o~o:~ 7 I ,---4-,)'
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Boord, and to the Budget
Officer and the Finance Officer for their d irection.
Adopted _________________ _
Margaret Regina Daniel,
Clerk to the Boord
Gordon Spring le, Chairman
Harnett County Board of Comm
071618a HC BOC Page 24
BUDGET ORDINANCE AMENDMEN T
BE IT ORDAINED by the Governing Boord 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. 2019:
Section 1. To amend the Government Complex South Project CP1801 Fund 339, the appropriation s are to be
changed as follows :
EXPENDITURE
CODE NUMBER
339-8300-44 1-45-80
REVENUE
CODE NUMBER
339-0000-389-54-39
EXPLANATION:
AP ~
Deportment Head (dote)
AMOUNT AMOUNT
DESCRIPTION OF CODE INCREASE DECREASE
Conlinaencv $500,000
AMOUNT AMOUNT
DESCRIPTION OF CODE INCREASE DECREASE
Soeciol Revenue $500.000
To budget funds from the General Fund to the Government Complex Soulh Project. These funds
will be used to upfront cost associated with the project and will be reimbursed through loon
proceeds
Pu..-1" t&,>w-
-i~-~ County Manager (date)
Section 2. Copies of this budget amendment sholl be furnished to the Clerk to the Board. and to the Budget
Officer ond the Finance Officer for their direction.
Adopted _________________ _
Margaret Reg ina Wheeler.
Clerk to the Board
Gordon Springle, Chairman
Harnett County Boord of Comm
071618a HC BOC Page 25
BUDGET ORDI NANCE AMENDMENT
BE IT ORDAINED by the Governing Boord 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. 2019:
Section 1. To amend the General Fund, Fund 110 the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-8701-490-90-03 Other Financing Uses-Tron/Capitol Project $500.000
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-0000-399-00-00 Fund Balance Aoorooriated $500,000
EXPLANATION: To budget the transfer of funds for startup cost of the Government Complex South Project CP1801.
These funds will be reimbursed with Loon Pro c eeds .
APPROVALS :
~ PU-,.J.J.<-IL ~
Accountin g Special is t 11 County Manager (d ~l....<;..-IX
Section 2. Copies of this bud get amendment shall be furnished to the Clerk to the Board. and to th e Budget
Officer and the Finance Officer for their dire ction.
Adopted _________________ _
Margaret Regina Wheeler.
Clerk to the Board
Gordon Springle. Chairman
Harnett County Board of Comm
071618a HC BOC Page 26
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, 2019 :
Section 1. To amend the lnterfund Transfer Department, the appropriations are to be changed as
follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-8701-490.90-05 lnterfund Transfer-Capital $510,000
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-0000-399 .00-00 Fund Balance Appropriated $510,000
EXPLANATION : To increase Fund Balance Appropriated to budget the transfer of funds to the Capital -Special
Projects fund . These funds represent the approximated cost of replacing the existing chilled water system at the
Department of Social Services building .
APPROVALS :
p(4..._.\ Sc \( 5:+t: I .._jc..J:::
(datr) County Manager (date)
1 ID l \ 8 1--I \ .... li
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
\b 071618a HC BOC Page 27
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be
made lo the annual budget ordinance for the fiscal year ending June 30, 2019 :
Section 1. To amend the Clerk of Court Department the appropri ations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-4402-410.44-2 1 Bu ildina & Ea uioment Rent $6,960
110-8800-490 .32-16 Continaencv $6,960
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: To move funds for the new three-year lease for the Probation & Paro le offices.
APPROVALS:
~4.L, k S+e A .Jc. ..i-
/ ID 18 f....-1 V ti
. nee Offic r (d9te)/ County Manager {dote)-
Section 2. Copies of this budget amendment shall be furnished to t he Clerk to th e Boord, and to the Budget
Officer and the Fina n ce Officer for th eir direction.
\rt
Adopted _________________ _
Margaret Regino Doniel,
Clerk t o the Boord
Gordon Springle , Chairman
Harnett Cou nt y Board of Comm
071618a HC BOC Page 28
Date run: 7/6/2018 8:57:47 AM Data as of: 7/5/2018 7:58:23 PM
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&
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Subtotal RELEASE REASON: Assessed In E
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Subtotal RELEASE REASON: Full rebate 0000037497-2008-2008-0000-00-REG
M
I
L
L
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R
,
R
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0000037497-2009-2009-0000-00-REG
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L
L
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0000037497-2010-2010-0000-00-REG
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M
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L
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R
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M
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L
L
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,
R
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N
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L
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M
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L
L
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,
R
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N
A
L
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M
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L
L
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,
R
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N
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R
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M
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,
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,
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L
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Subtotal RELEASE REASON: Less than min
a
m
t
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Subtotal
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6
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6
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6
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6
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6
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6
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6
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1
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{
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)
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Board Meeting
Agenda Item
Agenda Item -...:4-:....:D::.-_
MEETING DATE: July 16, 2018
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Cokesbury Tower -Land Lease
REQUESTED BY: Clint Williams, GIS/E-911 Operations Administrator
REQUEST:
Requesting approval of the attached Land Lease for the Cokesbury 911 Communication
Tower located at 130 Oakridge River Rd.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
S:\Agencies\Board of Commissioners\Agendas\agendafonn2018-0716-Cokesbury-Tower-Land-Lease.docx Page
I of I
071618a HC BOC Page 33
Pope Law Group
as Trustee for Karen H. Reichert
P.O. Box 928
Dunn , NC 28335
Customer
Name Harnett County GIS/E-911
Address 305 W . Cornelius Harnett Blvd , Suite 100
City Lillington State NC ZIP _2_75_4_6 __ _
Phone (910)893-7523
Qty Description
Cokesbury Tower - Land Lease for 2018
1 January 1, 2018 to December 31, 2018
Invoice No. 2018-1003
INVOICE~
Date
Order No.
Rep
FOB
Unit Price
$18,000.00
SubTotal
06/18/2018
TOTAL
$18,000.00
$18,000.00
Shipping & Handling $0.00
Taxes
TOTAL $18,000.00
071618a HC BOC Page 34
NORTH CAROLINA
COUNTY OF HARNETT
LEASE AGREEMENT
THIS LEASE A GREEM ENT ("Lease"), is made and entered into as of this __
day of 2018 , by and between KAREN HARRINGTON REICHERT and
husband , MONTY REICHERT, whose address is 214 Oak Ridge Road , Hillsborough,
North Carolina 27278 (hereinafter collectively referred to as "Lessors"), and COUNTY
OF HARNETT, a body politic and political subdivision of the State of North Carolina
with its administrative offices located at 420 McKinney Parkway, Lillington, North
Carolina (hereinafter referred to as "Lessee").
WITNESS ETH
WHEREAS , Lessors are the owners of the below described land in Buckhorn
Township, Hamett County, North Carolina; and
WHEREAS , Lessee desires to use the Premises for the operation and maintenance
of a telecommunications tower.
NOW THEREFORE, the parties for and in consideration of the co venants and
agreements contained herein do hereby contract and agree as follows:
1. PREMISES AND EASEMENT: Lessors hereby lease and let unto Lessee, and
Lessee hereby leases and accepts from Lessors, an approximate one-acre tract of land
located in Buckhorn Township, Hamett County, North Carolina, which is more
particularly described on the map attached hereto as Exhibit "A" (hereinafter referred
to as the "Premises") together with an easement for ingress , egress , and utilities for
the duration of this Lease, over, across, and under Le ssors' property which is more
particularly described on Exhibit "A" ("Easement").
2. TERM OF LEASE : The term of this Lease shall be for a period of five (5) years,
with a beginning date of January I , 2018 and end date of December 31, 2022, unless
otherwise terminated by law or according to the terms of this Lease.
3. DEPOSIT: No deposit is required of Lessee.
4 . RENT: The rental of said Premises shall be the sum of eighteen thousand and no/100
dollars ($18 ,000.00) for the first year, with annual rent increases of fi v e percent (5%)
per year of the Initial Term, compounded annually, as well as each year of any
Renewal Term exerci sed by Lessee ("Rent "). The first year 's Rent shall be paid upon
executio n of this Lease, and each sub sequent year 's rent shall be payable on or before
the 15th day of January of said lease period.
Page 1 of 14
071618a HC BOC Page 35
5. IMPROVEMENTS; UTILITIES; ACCESS :
Lessee shall have the right , at Lessee's sole cost and expense , to maintain on the
Premises improvements, personal property, and facilities, including without
limitation, a tower, a structural tower base, radio transmitting and receiving antennas,
communications equipment, an equipment cabinet or shelter, and related facilities
(collectively the "Tower Facilities"). The Tower Facilities shall remain the exclusive
property of Lessee throughout the term and upon termination of this Lease. Lessee
shall have the obligation to remove all of the Tower Facilities following any
termination of this Lease. To the extent that the tower is a guyed tower, Lessors also
grant Lessee an easement in, over, across, and through Lessors' real property during
the Initial Term and any Renewal Term of this Lease for the installation and
maintenance of guy wires and guy wire anchors. Except in the event of an
emergency, in the event Lessee needs access over or across Lessors ' real property
adjacent to the Premises, Lessee shall provide Lessors with advance notice of the
same and shall work with Lessee to develop a schedule for access, construction, or
maintenance that minimizes disruptions to Lessors' cattle operations and includes
necessary safeguards concerning the same.
Lessors and Lessee acknowledge and agree that this Lease is a ground lease of the
Premises from Lessors to Lessee and Lessors shall not have any responsibility or
liability with respect to the Tower Facilities, such responsibility and liability being the
sole responsibility of the Lessee.
6. COSTS AND UTILITIES: In addition to the payment of Rent set out in Section 4 ,
Lessee shall be responsible for direct payment of all costs for electricity, sewer, water,
gas , telephone , internet access , and other similar services used by Lessee during
Lessee's occupancy of the Premises , should such requirements exist. Any and all
utilities shall be at Lessee 's discretion and Lessors shall not have any responsibility
for the same.
7. TAXES AND ASSESSMENTS: Lessee shall pay any personal property taxes
assessed on, or any portion of such taxes attributable to , the Tower Facilities . Lessors
shall pay when due all real property taxes and all other fees and assessments
attributable to the Premises. Lessee shall pay as additional Rent any increase in real
property taxes levied against the Premises which are directly attributable to Lessee's
use of the Premises if Lessors furnish proof of such increase to Lessee. If Lessors fail
to pay when due any taxes affecting the Premises or the Easement, Lessee shall have
the right but not the obligation to pay such taxes and deduct the full amount of the
taxes paid by Lessee on Lessors ' behalf from future installments of Rent.
8. USE OF PREMISES: Lessee shall use and occupy the Premises for the purpose of
maintaining, upgrading, repairing, operating , inspecting, and removing the Tower
Facilities.
9. PREMISES BEING LEASED "AS IS "; REPAIR OBLIGATIONS: The parties
acknowledge that Lessee is accepting the Premises "AS IS." Any alterations ,
Page 2 of 14
071618a HC BOC Page 36
maintenance, repairs, or replacement costs relating to the condition of the Premises or
Tower Facilities shall be the responsibility of Lessee as set forth in Section 9 of this
Lease, excluding Lessors' obligations set forth in Section 10 of this Lease.
10. ALTERATIONS, ADDITIONS, AND IMPROVEMENTS:
(a) Lessee shall have the right, at its sole cost and expense, to make alterations to the
Tower Facilities from time to time and shall have the right to install such poles,
wires, cables, conduits, fences, and related appurtenances as shall be necessary for
the proper conduct of Lessee's business needs, and for electricity, water,
telephone, and gas. Lessee reserves the right to relocate the existing guy wires
and anchors in the event that Lessee desires to increase or decrease the height of
the aforementioned tower or relocate the same within the boundaries of the
Premises. Except in the event of an emergency, in the event Lessee needs access
over or across Lessors' real property adjacent to the Premises, Lessee shall
provide Lessors with advance notice of the same and shall work with Lessee to
develop a schedule for access, construction, or maintenance that minimizes
disruptions to Lessors' cattle operations and includes necessary safeguards
concerning the same.
(b) Lessee shall also be obligated to install underground power to eliminate the power
pole and power line serving the Premises as of the date of execution of this Lease.
Lessee may enter upon and Lessee shall pay for any damage caused to the
adjacent lands of Lessors in connection with Lessee's alterations, additions, or
improvements.
11. MAINTENANCE AND REPAIRS:
(a) By Lessee: The Lessee shall repair and make as new all currently dilapidated and
overgrown fencing, fenced enclosures, guy wire, and guy wire footings at the
Lessee's expense to bring the Premises to a properly maintained condition,
including removal of trees that jeopardize the guy wire and guy wire footings.
Lessors shall specifically identify any and all dilapidated conditions they contend
to exist on the Premises as of the execution of this Lease. Such identification
shall include date-stamped photographs depicting the conditions believed by
Lessors to be dilapidated at the time of the execution of this Lease, and attached
as an exhibit to this Lease. Conditions believed to be dilapidated by Lessors at
the time of execution of this Lease shall be deemed to have been remediated by
written, dated acknowledgement of Lessors, which acknowledgement shall be
documented in writing as received by Lessee, including date of receipt. In the
event that Lessors contend that any dilapidated conditions should thereafter
appear during the Initial Term of this Lease or any Renewal Term, the
aforementioned procedure shall be utili zed to document and resolve the same.
The initial maintenance and restoration of the Premises by Lessee shall be
completed within thirty (30) days of the effective date of this Lease. Subsequent
to the initial maintenance and restoration of the Premises, Lessee s hall at its own
Page 3 of 14
071618a HC BOC Page 37
expense and at all times maintain the Premises and the Tower Facilities in good
and safe condition, to include access roads, driveways, guy wire enclosures,
foundations , vegetation, trees, fencing, equipment, or structures installed or
placed on the Premises, and shall not permit its employees, agents, volunteers,
members, and invitees to commit or create any unlawful nuisance, waste, or
injury to the Premises. Lessee shall have the right to clear and thereafter to keep
clear the Premises, the right-of-way, guy anchor locations, and any utility
easement areas of trees, bushes, rocks, and crops. Lessee may enter upon and
Lessee shall pay for any damage caused to the adjacent lands of Lessors in
connection with Lessee's maintenance obligations. Lessee shall surrender the
Premises at the Lease termination hereof in the same or better condition as
received, normal wear and tear excepted.
Lessee acknowledges that the Lessors ' adjacent property has been established as
pesticide and herbicide free for agricultural operations and Lessee shall be
prohibited from the use of any herbicides and pesticides on or in the Premises or
the adjacent fenced enclosures in performing any maintenance obligations
hereunder.
(b) By Lessors: Lessors shall have the right to control the growth of vegetation in
and around guy wire enclosures at Lessors ' own expense, subject to a regular
schedule of inspection by Lessee. Lessee shall remain liable and responsible for
ensuring that the guy wires , guy wire footings, and fenced enclosures are property
maintained in good and safe condition.
12. EASEMENTS AND RIGHTS-OF-WAY: The land adjacent to the Premises and
owned by Lessors can be accessed by Lessee by twelve (12) foot cattle gates or any
other gates installed by Lessors with advance notice to Lessors by Lessee for
coordination of access. Any necessary modifications and subsequent repairs to the
existing gates and fences on Lessors ' adjacent property by Lessee shall be made at
Lessee's sole expense. Lessors shall grant any and all rights-of-way and easements
on, over, under, and through the adjoining lands of Lessors extending from the
Premises to the nearest convenient public road , and of standard vehicular width, as
shall be necessary for the ingress and egress to and from the Premises and other such
rights-of-way and easements on, over, under, and through the adjoining lands of
Lessors as may be required by Lessee for the purpose of electricity, gas, water,
telephone, and any and all other utilities , including ensuring that the guy wires, guy
wire footings, and fenced enclosures are properly maintained in a good and safe
condition . Except in the event of an emergency, Lessee shall provide advanced notice
to Lessors in exercising any of the rights granted under this Section 12.
13 . TESTS: Lessors grant to Lessee the right to survey, soil test, radio coverage test, and
to conduct any other investigations needed to determine if the surface and location of
the Premises are suitable for Lessee 's use as intended by this Lease.
Page 4 of14
071618a HC BOC Page 38
14. LICENSING AND SUBLEASING:
(a) Lessee shall not license or sublease to any for-profit company or entity any rights
to use any portion of the Premises or the Easement without Lessors ' prior written
consent, which may be withheld in the sole and absolute discretion of Lessors. In
the event Lessors consent to a license or sublease of any portion of the Premises
with a for-profit company or entity, the parties shall negotiate in good faith the
percentage of the payments to which Lessors are entitled contemporaneous with
the granting of such consent. In addition, Lessee acknowledges that any licenses
or subleases that would affect the size and nature of the Premises, shall, in
addition to a payment of a percentage of the income by the licensee or sub lessee
by Lessee to Lessors, require an amendment to this Lease to increase the size of
the Premises, which may require an adjustment to the Rent.
(b) Lessee , at its sole discretion, shall have the right to license, sublease, or partner
with any non-profit company, organization, individual, or government entity for
the use or installation of equipment on Tower Facilities, provided that Lessee does
not receive compensation for such license, sublease, or partner agreement other
than shared costs for maintenance of the Tower Facilities ( or costs to be incurred
by Lessee as a result of such license, sublease or partner agreement) and Premises
or associated expenses related thereto. In the event that Lessee will receive direct
compensation, Lessors and Lessee agree to negotiate in good faith the percentage
of payments to which Lessors are entitled.
(c) Lessee shall have the right to license, sublease, or partner with any entity without
payment to Lessors if such licensee or sublessee will provide broadband internet
access , and if the license, sublease, or partnership will provide broadband internet
access to residents , governmental entities , and businesses located in Hamett
County. Lessee shall also be able to license, sublease, or partner with another
entity without payment to Lessors , when such transaction is deemed a bona fide
economic development venture which will serve to enhance the quality of life of
Hamett County, provided that Lessors provide their written consent, which shall
not be unreasonably withheld.
(d) Attached hereto as Schedule 14(d) is a list of all entities that currently have a
license or sublease from Lessee for use of the Premises, and Lessee warrants that
Lessee has been provided with a copy of all current license or sublease
agreements identified on Schedule 14( d).
15. LESSORS ' DAMAGE : Lessors shall be responsible for all costs associated with
damage caused to the Premises, to include access roads, dri veways , guy wires , guy
wire enclosures, foundations , fencing , equipment, or structures installed or placed on
the Premises, by the negligence or willful misconduct of Lessors, their agents ,
employees, volunteers, and invitees. Lessee shall make all such repairs. Lessee
agrees to seek payment first from any insurance policies maintained by Lessors. In
the event Lessors' insurance carrier denies Lessee's claim , Lessee shall provide
Lessors with a copy of the same and Lessors shall then reimburse Lessee for the costs
Page 5 of 14
071618a HC BOC Page 39
associated with the repairs within thirty (30) days of receipt from Lessee of the
insurance carrier's denial of the claim, together with paid invoices for all costs of
repairs.
16. EMERGENCY POWER: Lessee recognizes that Lessors are cattle farmers and
maintain low wattage electrified fences on the property adjacent to the Premises. In
the event of a power outage, Lessors may use Lessee's emergency power generator
that serves the Premises to generate power to Lessors ' electrified fences . Lessors
shall notify Lessee of its use of the emergency power generator, when feasible, and
shall reimburse Lessee for the costs associated with its use.
17. INSURANCE: Lessee shall maintain property and general liability insurance on the
Premises during the term of this Lease, in an amount of at least $1,000,000.00 per
occurrence and $2,000,000.00 aggregate coverage, and shall name Lessors as
additional named insureds. Lessee shall, at least annually, provide Lessors with a
certificate of insurance for the general liability insurance required hereunder. Lessee
shall insure the Tower Facilities from fire and other casualty in such amounts as
determined by Lessee; provided however, that Lessee acknowledges that the Tower
Facilities are not insured by Lessors, and Lessors shall not have any responsibility for
the same. Lessors shall also maintain general liability insurance on any common
areas shared by Lessors and Lessee in amounts of at least $1,000.000.00 per
occurrence and $2,000,000.00 aggregate coverage. Upon written request , each party
shall provide proof of required insurance to the other.
18. INDEMNIFICATION: Lessee agrees to indemnify and hold Lessors harmless from
and assumes all responsibility for any and all claim or demands, liabilities, damages, or
costs for damages to persons or property by reason of the use or occupancy of the
Premises, or by reason of the failure of Lessee to comply with any legal requirement, or
otherwise arising out of the operation of Lessee 's business , including, but not limited to
reasonable attorney's fees and costs incurred by Lessors.
Lessee further agrees to indemnify and hold Lessors harmless , from and against any and
all claims or demands, liabilities , costs, or expenses, including reasonable attorney's fees
as a consequence or a result of any incident resulting in the pollution of any air, water,
land , and/or ground contamination or otherwise when arising from or in connection with
the grant of the rights under this Lease regardless of the location or proximity of such
pollution to the Premises; and for any claim or liability arising under federal, state, or
local law dealing with the pollution of air, water, land, and/or ground water.
Lessors agree to indemnify and hold Lessee harmless from and against all claims or
demands , liabilities, damages, or costs for damages to persons or property arising out
of or resulting from the negligent or reckless acts or omissions of Lessors arising
from or pertaining to the Premises.
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071618a HC BOC Page 40
19. DEFAULT:
(a) By Lessee: In the event that Lessee defaults in the performance of any obligation
under this Lease, including abandonment of the Premises, Lessors shall provide
Lessee with written notice of the default. In the event that the default is not cured
within thirty (30) days, this Lease shall tenninate, and Lessee shall vacate the
Premises and return it to Lessors within twelve (12) months of the notice of
default, provided that Lessee shall continue to be liable to Lessors for the payment
of Rent and any other amounts due hereunder, until the Lessee has removed the
Tower Facilities and returned the Premises to its original condition that existed
prior to the construction of the Tower Facilities. Where such default cannot be
reasonably cured within thirty (30) days, Lessee shall not be deemed to be in
default under this Lease if Lessee commences to cure such default within said
thirty (30) days and thereafter diligently pursues such cure to completion. Lessors
shall retain the right to compensation for all amounts then due and owed by
Lessee to Lessors under this Lease if Lessors re-take possession of the Premises
due to non-performance of this Lease by Lessee. Lessee shall be responsible for
the removal of any equipment, possessions, improvements, and structures placed
on the Premises.
(b) By Lessors: In the event that Lessors default in the performance of any obligation
under this Lease, Lessee shall provide Lessors with written notice of the default.
In the event that the default is not cured within thirty (30) days , this Lease shall
terminate, and Lessee may vacate the Premises within twelve (12) months of the
notice of default. Where such default cannot be reasonably cured within thirty
(30) days, Lessors shall not be deemed to be in default under this Lease if Lessors
commence to cure such default within said thirty (30) days and thereafter
diligently pursue such cure to completion. Notwithstanding the foregoing, in no
event shall Lessors' right to cure exceed ninety (90) days after notice of failure to
comply with this Lease unless consented to in writing by Lessee. In the event of
termination for default by Lessors, Rent shall be prorated appropriately by
Lessors so that Lessee recovers Rent it paid for any time after Lessee has removed
the Tower Facilities and returned the Premises to its original condition that existed
prior to the construction of the Tower Facilities. Lessee shall have twelve (12)
months to return the Premises to the Lessors after the expiration of Lessors' cure
time period set forth above.
20. EARLY TERMINATION: In the event that the Premises shall be damaged or
destroyed other than by wrongful or negligent acts of Lessee and are thereby rendered
not reasonably usable by Lessee for its purpose, then Lessee shall have the absolute
right to terminate this Lease, and Rent shall be prorated appropriately by Lessors so
that Lessee recovers Rent it paid for any time period after Lessee has removed the
Tower Facilities and returned the Premises to its original condition that existed prior
to the construction of the Tower Facilities. Lessee shall have twelve (12) months to
return the Premises to the Lessors after termination by Lessee under this Section 20.
In such event , Lessors shall have no further rights or claims against Lessee as a result
thereof.
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071618a HC BOC Page 41
21. TERMINATION FOR CONVENIENCE: This Lease may be terminated, without
cause, by either party upon twelve (12) months written notice to the other party. This
termination notice period shall begin upon receipt of a written notice of termination ..
In the event of termination for convenience by either the Lessee or Lessors, Rent shall
be paid to the Lessors, including proration for any portion of a twelve (12) month
term , until the Lessee has removed the Tower Facilities and returned the Premises to
its original condition that existed prior to the construction of the Tower Facilities.
22. NON-APPROPRIATION: Lessors acknowledge that Lessee is a governmental entity
and the validity of this Lease is based upon the availability of public funding under
the authority of its statutory mandate. In the event that public funds are not available
and not appropriated for the performance of Lessee's obligations under this Lease,
then this Lease shall automatically expire without penalty to Lessee twelve ( 12)
months after written notice to Lessors of the non-appropriation of public funds.
Lessee will use reasonable efforts to ensure appropriated funds are available. In the
event of termination of this Lease due to non-appropriation of funds, Lessee shall pay
Rent for all time periods until Lessee has removed the Tower Facilities and returned
the Premises to its original condition that existed prior to the construction of the
Tower Facilities.
23. FIXTURES: Lessors covenant and agree that no part of the improvements
constructed, erected, or placed by Lessee on the Premises, including, but not limited
to the Tower Facilities, or other real property owned by Lessors shall be or become,
or be considered as being, affixed to or a part of Lessors ' real property. Any and all
provisions and principles of law to the contrary notwithstanding, Lessors specifically
intend to covenant and agree and do hereby covenant and agree that all personal
property and improvements of every kind and nature constructed, erected, or placed
by Lessee on the Premises, or other real property owned by Lessors , shall be and
remain the property of Lessee despite any default or termination of this Lease and
may be removed by Lessee anytime in Lessee's discretion, provided that Lessee, at its
sole expense, shall restore the Premises in the same or better condition as the
Premises existed prior to the construction of the Tower Facilities.
24. QUIET ENJOYMENT: Lessors covenant that Lessee, upon paying the rent and
observing the other covenants and conditions herein upon its parts to be observed,
shall peaceably and quietly hold and enjoy the right to use the Premises and the
Easement on the terms and conditions and for the purposes stated herein during the
term of this Lease, as it may be extended, without hindrance, ejection, or molestation
by Lessors or any person or persons claiming under Lessors.
25. TITLE: Lessors represent and warrant to Lessee that Lessors are the owners of the
Premises and the lands immediately adjacent thereto which comprise the easements,
the rights-of-ways , and the guy anchor locations, and that such ownership is free and
clear of all liens and encumbrances other than those which do not interfere with
Lessee's use and operation of the Premises, and that Lessors have the lawful right and
authority to execute this Lease and grant such easements and rights-of-way. Lessors
Page 8 of 14
071618a HC BOC Page 42
shall warrant and defend the same to Lessee against the claims and demands of all
persons and entities.
26. ASSIGNMENT AND SUB-LETTING: The Lessee may not assign any rights under
this Lease without the prior written consent of Lessors, which consent may be withheld
at the sole and absolute discretion of the Lessors. However, it is specifically understood
and agreed that Lessors may assign this Lease, but that any such assigrunent shall be
subject to all of the terms and conditions hereof. If Lessors grant permission to assign
the Lease, Lessee shall remain liable for the performance of the terms, conditions, and
covenants of this Lease unless Lessors agree otherwise, in writing. Lessee may license
or sublease only in accordance with the other provisions of this Lease.
27. HOLDING OVER: It is understood and agreed that should Lessee hold over and
stay in possession of the Premises at the expiration of the Initial Term or Renewal Term,
this shall not constitute a renewal of this Lease. At that time, Lessee shall be on the
basis of a month-to-month tenancy, and the Lessors shall have the right to use all legal
remedies provided by law and by this Lease to cause the Lessee to vacate the Premises,
upon thirty (30) days written notice by Lessors to Lessee. Following the thirty (30) day
notice from Lessors, Lessee shall have twelve (12) months to remove the Tower
Facilities and return the Premises to its original condition that existed prior to the
construction of the Tower Facilities . It is also specifically agreed that should Lessee
hold over at the end of the Initial Term or Renewal Term , Lessee shall be liable for Rent
payments during the hold over period, with such Rent payments being equal to those as
provided in Section 4, including, but not limited to the annual five percent (5%)
adjustment of Rent.
28. SUBORDINATION-ATTORNMENT: This Lease shall be deemed subject and
subordinate to any mortgage which may be heretofore or hereafter executed by Lessors
covering all or any portion of the Premises. In the event any proceedings are brought for
foreclosure of any mortgage on the Premises, Lessee will attom to the purchaser at a
foreclosure sale and recognize such purchaser as Lessors , whereby purchaser agrees not
to disturb Lessee's possession so long as it is not in default under the terms of this Lease.
Lessee shall execute, at Lessors ' request, and within five (5) days thereof, instruments
evidencing the subordinate position of this Lease, and as often as requested shall sign
estoppel certificates. Such estoppel certificates shall set forth the date Lessee accepted
possession; that Lessee occupies the Premises; the termination date of this Lease; the
date to which the Rent in effect as of such paid and the amount of monthly Rent in effect
as of such certification; whether Lessee has any defense or offset to the enforcement of
the Lease; any knowledge Lessee has of any default or breach by Lessors ; and that the
Lease is in full force and effect except as to modifications, agreements, or amendments
thereto, copies of each of which shall be attached to such certificates.
29. WAIVER: The waiver at any time by Lessors of one or more breaches of this Lease by
Lessee shall not be considered or deemed a waiver of any subsequent breach by Lessee,
and it is covenanted and agreed that any such waiver or waivers on the part of Lessors
shall not relieve Lessee from thereafter carrying out this Lease in strict confonnity with
all of the terms and conditions hereof; nor shall any custom or practice which may grow
Page 9 of 14
071618a HC BOC Page 43
up between the parties in the course of administering this Lease be construed to waive or
lessen the rights of Lessors to insist upon the provisions hereof.
30. ENVIRONMENTAL CONTAMINATION: At all times during the term of this
Lease, Lessee shall comply with all environmental laws which relate to the public
health, safety, and protection of the environment, including, but not limited to: (i)
common law nuisance; (ii) the Clean Air Act, 42 U.S.C. Section 7401 , et seq., as
amended; (iii) the Clean Water Act, 44 U.S.C. Section 1251, et seq., as amended; (iv) the
Rivers and Harbors Act of 1899, 44 U.S.C. Section 40-1, et seq., as amended; (v) the
Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., as amended;
(vi) the Superfund; (vii) the Toxic Substance Control Act , 15 U.S.C. Section 2601, et
seq., as amended; and (viii) the Occupational Safety and Health Act, 29 U.S.C. Section
651, et seq., as amended; and (ix) all other local, state, or federal laws pertaining to the
public health, safety, and protection of the environment.
Any vio lations of any of the above laws relating to the Premises during the Initial Term
or Renewal term shall be the responsibility of Lessee and it shall be solely liable for all
environmental contamination caused thereby. Lessee hereby agrees to indemnify and
hold Lessors harmless from all liability resulting from a violation of any of the above
laws and for any environmental contamination caused by Lessee during the Initial Term
or Renewal Term. Such indemnity shall include attorney's fees and other costs
associated with the defense of any claim asserted against Lessors by virtue of any
violation of the above laws or for any environmental contamination caused by Lessee
during the Initial Term or Renewal Term.
31. MEMORANDUM AND OTHER DOCUMENTATION: Lessors agree to execute
and deliver a memorandum of this Lease in recordable form, upon the request of
Lessee, and to execute and deliver other documents, amendments, and agreements,
such as, but not limited to, easements, licenses, and zoning and building applications,
as Lessee shall require for the proper conduct of its business and in order to carry out
the purpose and intent of this Lease, so long as such documents, amendments, and
agreements are not inconsistent with and do not materially change the general intent
of this Lease.
32. EMINENT DOMAIN/CONDEMNATION: During the Initial Term or any
Renewal Term, Lessee agrees that it shall not exercise any constitutional, statutory, or
o ther right of eminent domain or condemnation to take the Premises from Lessors.
33. NOTICE: Any notices or other communications which shall be made pursuant hereto
shall be in writing and shall be deemed to be given and received: (a) when hand
delivered to the address below; or (b) three (3) days after being mailed to the
addresses stated below, postage pre-paid by registered or certified mail , return receipt
requested to the addresses set forth below:
Page 10 of 14
071618a HC BOC Page 44
TO LESSOR:
Karen Harrington Reichert
214 Oak Ridge Road
Hillsborough, North Carolina 27278
With a copy to:
P. Tilghman Pope
Pope Law Group, P.A.
Post Office Box 928
Dunn, North Carolina 28335
TO LESSEE:
Paula Stewart
Interim County Manager
Post Office Box 759 (mail)
420 McKinney Parkway (physical)
Lillington, North Carolina 27546
With copy to:
Monica L. Jackson
Senior County Staff Attorney
Post Office Box 238 (mail)
420 McKinney Parkway (physical)
Lillington, North Carolina 27546
34. GOVERNING LAW AND VENUE: This Lease shall be governed and construed in
accordance with the laws of the State of North Carolina. Any action or proceeding
arising under this Lease shall be filed and heard in the Superior Court of Harnett
County.
35. SUCCESSORS: This Lease shall be binding upon and inure to the benefit of the
parties hereto and their successors and/or assigns, if any such successors and/or
assigns are permitted by this Lease.
36. ENTIRE AGREEMENT: This Lease contains the entire agreement between the
parties and shall not be modified in any manner except by an instrument in writing
and executed by both parties to this Lease.
37. SEVERABILITY: If any term or provision of this Lease or the application thereof to
any person or circumstance, to any extent, be invalid and unenforceable, the
remainder of thi s Lease, or the application of such term or provision to persons or
circumstances other than those to which it is held invalid or unenforceable, shall not
Page 11 of 14
071618a HC BOC Page 45
be affected thereb y, and each term and provision of this Lease shall be valid and shall
be enforced to the fullest extent permitted by Jaw.
IN WITNE SS WHEREOF, this Lease is executed as of the da y and year first abov e
written .
AITEST:
Margaret Regina Wheeler, Clerk
LESSORS
By:----------------
Karen Harrington Reichert
By:---------------
Monty Reichert
LESSEE
By:----------------
Gordon Springle, Chairman
Harnett County Board of Commissioners
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071618a HC BOC Page 46
STATE OF NORTH CAROLINA
C OUNTY OF --------
I, , a Notary Public of the County and State
aforesaid, do hereby certify that Gordon Springle personally appeared before me this day
and acknowledged that he is the Chairman of the Hamett County Board of
Commissioners, and that by authority duly given and as an act of the Hamett County
Board of Commissioners, executes the foregoing instrument.
Witness my hand and official stamp or seal, this __ day of
2018. --------
My Commission Expires: ____ _
[SEAL]
STATE OF NORTH CAROLINA
COUNTY OF --------
Notary Public
I , , a Notary Public of the County and State
aforesaid, do hereby certify that personally appeared before
me this day and acknowledged the due execution of the foregoing instrument.
Witness m y hand and official stamp or seal , this __ day of
20 18. --------
Notary Publi c
M y Commission Expires: ____ _
[SEAL]
Page 13 of 14
071618a HC BOC Page 47
STATE OF NORTH CAROLINA
COUNTY OF -------
I, , a Notary Public of the County and State
aforesaid, do hereby certify that personally appeared before
me this day and acknowledged the due execution of the foregoing instrument.
Witness my hand and official stamp or seal, this __ day of
2018. --------
Notary Public
My Commission Expires: ____ _
[SEAL]
Page 14 of 14
071618a HC BOC Page 48
Board Meeting
Agenda Item
Agenda Item ____ --=-4·-=E=-....
MEET ING DATE: July 16, 2018
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Brightwater Technology Park Infrastructure Improvements Project Phase
n
REQUESTED BY: Steve Ward, HCDPU/Capital Projects Director
REQUEST:
1bis is a formal request for the Board to approve the Brightwater Technology Park
Infrastructure Improvements Phase II Project Ordinance. This project consists of the
construction of approximately 540 linear feet of roadway to extend Brightwater Drive to
include associated storm drainage and gravity sewer. This project will be funded through a
$500,000 Golden Leaf grant and partially funded through HCDPU reserves. The project
ordinance is enclosed for your review. Please place this item on the consent agenda at the
next available meeting.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
C:\Users\gwheele r\AppData\Local\Microsoft\ Windows\INetCache\Cont ent.O utlook\TPTEQCL V\Brightwater Ph ase II
Proj ect Ordinance Agen da Request 6-27-18.docx Page I of 2 071618a HC BOC Page 49
Harnett
~~~~COUNTY
=--~-' NORTH CAROLINA
BRIGHTWATER TECHNOLOGY PARK INFRASTRUCTURE IMPROVEMENTS
PROJECT PHASE II
BE IT ORDAINED by the Board of Commissioners of Harnett County, North Carolina, sitting
as the governing board of Harnett County.
Section I. This project consists of the construction of approximately 540 linear feet of
roadway to extend Brightwater Drive to include associated storm drainage and gravity sewer.
Section II. This project will be jointly funded by a Golden Leaf Foundation grant and
HCDPU reserves.
Section III. The following amounts are hereby appropriated for this project:
Engineering
Construction
Materials & Supplies
Legal/ Admin
Contingency
Total
$ 74,700
570,000
13 ,113
10,000
30,000
$ 697,813
Section IV. It is estimated that the following revenue will be available for this capital project:
Golden Leaf Grant
HCDPU Reserves
Total
Duly Adopted thi s 16th day of July, 2018.
ATTEST:
Margaret R. Wheeler, Clerk to the Board
strong roots • new growth
$ 500,000
197,813
$ 697,813
Gordon Springle, Chairman
Harnett County Board of Commissioners
www.harnett.org
071618a HC BOC Page 50
Board Meeting
Agenda Item
Agenda Item __ 4:...;-F~-
MEETING DA TE: July 16, 2018
TO: HARNE TT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Engineering Agreement for Brightwater Technology Park Infrastructure
Improvements Project Phase II
REQUESTED BY: Steve Ward, HCDPU/Capital Projects Director
REQUEST:
This is a formal request for the Board to approve an engineering agreement for the design
and construction administration ofBrightwater Technology Park Infrastructure
Improvements Phase II Project. The agreement is with WithersRavenel, Inc. at a cost of
$74,700. This will be paid out of project funds. The agreement is enclosed for your review.
Please place this item on the consent agenda at the next available meeting.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
C:\Users\gwhee ler\AppData\Local\Microsoft\ Win dows\fNetCache\ContentOut look\TPTEQCL V\Eng ineering A greement
for WitherRavene l agenda reques t 6-27-18 .docx Page I of 2 071618a HC BOC Page 51
AGREEMENT AMENDMENT FOR ENGINEERING SERVICES
FOR BRIGHTWATER SCIENCE & TECHNOLOGY CAMPUS
PHASE 2A
This Agreement For Engineering Services ("Agreement"), dated , 2018,
and is made and entered by and between County of Harnett ("OWNER" or "COUNTY"},
and WithersRavenel, Inc. ("WR" or "ENGINEER") for professional engineering services
to be rendered in connection with the Brightwater Science & Technology Campus:
Phase 2 Section A. Brightwater Drive Extension, hereinafter sometimes referred to
as the PHASE 2A or PROJECT.
This Amendment establishes the scope of the Engineering Services to be performed by
the ENGINEER and the associated engineering fees to be paid by the OWNER.
The ENGINEER shall provide professional services for the design to include the review
and modification of the of the Brightwater Drive extension of Brightwater Drive as
presented on construction plans dated July 11, 2013. The design will be modified to
comply with current NCDOT standards. The Project will be the roadway extension
construction plans with associated storm drainage and utilities for approximately 540
linear feet starting at approximately STA 22+60 (existing roadway) to STA 28+00 (See
the attached Scoping Map) The Project will also include the permitting, construction
administration, and record drawings of the PROJECT .
A. BASIC SERVICES of the ENGINEER
TASK 1 Project Management and Administration
The ENGINEER shall provide the following services as part of this Task:
• Coordinate/communicate with OWNER's project team and regulatory agencies
throughout the course of the project as necessary (outside of meetings shown
below (assumed 0.50 hours per week);
• One meeting with NCDOT;
• Monthly coordination/review meetings with the OWNER throughout the design
and permitting process (assumed 4 months for process -assumed 4 hours per
meeting);
• Manage internal project processes, communication, and resources.
TASK2 Road Design and Permitting Services
• Perform verification/modification of the existing design and prepare final
construction drawings for the PROJECT. The construction plans will include
cover, notes, plan, profile and pavement marking drawings and associated
details for Brightwater Drive extension including sanitary sewer and waterline
extension, storm drainage, traffic control, and sedimentation and erosion control
plans .
• Includes one revision to the plans after COUNTY review .
• Review existing stormwater management plan (SWMP) and revise the design of
WR Proposal May 2018
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071618a HC BOC Page 52
AGREEMENT AMENDMENT FOR ENGINEERING SERVICES
FOR BRIGHTWATER SCIENCE & TECHNOLOGY CAMPUS
PHASE2A
one stormwater control measure (SCM) to current state and local standards to
include the proposed increased drainage area by inclusion of Lot 2. This device
shall be located in the 8. 7 acre park area as shown on the master plan. A
NCDEQ stormwater management permit will be required . WR will prepare the
permit application for submittal to NCDEQ .
• Upon approval by the COUNTY, submit final plans and specifications as required
to the appropriate regulatory agencies for review, approval and permitting . As
necessary, Engineer will submit for revisions to existing permits . Prepare and
submit applications to NCDOT for review of road design and encroachments
required within proposed NCDOT right-of-way . Submit sedimentation and
erosion control plans and applications to NCDEQ for permitting of land
disturbances activities. Submit sanitary sewer via Fastrack process and waterline
plans and permit applications to NCDEQ in pursuit of perm its to construct and
operate, and submit the stormwater management plans and calculations to
NCDEQ in pursuit of approval to construct. The COUNTY will pay all permit and
review/ submittal fees .
• Coordinate with local utility providers for electric, telephone and gas services and
provide PROJECT design plans for their use. Subsequent work with these
companies such as design revisions, exhibits and easement agreements shall be
done as part of the Construction Admin istration task outlined below on an hourly
basis.
TASK3 Construction Administration
Upon approval by the COUNTY of the work performed in Task 2approvals are obtained
from regulatory agencies, and upon receipt of written authorization from the COUNTY,
the ENGINEER will perform the Bidding Phase Services in accordance with North
Carolina formal bidding process, consisting generally of the following sub-tasks:
• Bid Documents: Assemble bid documents with information provided by the
COUNTY and utilizing some original information. (General conditions,
supplemental conditions, technical specifications and geotechnical investigation).
• Distribution of Bidding Documents: Submit Bidding and Construction Drawings
and Documents to Plan Rooms: the AGC and McGraw Hill Dodge Plan Rooms in
Rale igh , NC, and other locations as deemed appropriate. Provide electronic
Construction Drawings and Bidding Documents and upload to our online project
bid management provider, QuestCDN. Furnish copies of Construction Drawings
and Bidding Documents to all interested bidders and material suppliers.
• In the event tha t less than three respons ive CONTRACTORs provide bids for the
Project, the Project will require re-advertising as per North Carolina General
Statutes . The rebidding of the Proj ect shall be billed to the COUNTY on a time
and material basis.
• Bid Opening : Attend one bid opening , receive and tabulate all bids received at
the opening , evaluate all bids received and issue recommendation to the
COUNTY for the award of the contract. This shall include screening of the low
WR Proposal May 2018
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071618a HC BOC Page 53
AGREEMENT AMENDMENT FOR ENGINEERING SERVICES
FOR BRIGHTWATER SCIENCE & TECHNOLOGY CAMPUS
PHASE2A
bidder as to experience and capability.
• Cost Opinion : Prepare and submit to the COUNTY a final opinion of probable
cost for the PROJECT based on final plans and specifications.
• Provide construction administration services as noted below for the
administration of the construction contract. These services would include items
such as review of shop drawings, payment requests (assumed 3), change order
requests and requests for information (assumed 4 hours).
• Carry out the duties and responsibilities of the ENGINEER as stated in the
General Conditions and Supplemental conditions of the construction contract.
On behalf of the COUNTY, ENGINEER shall administer the construction
contract, respond to CONTRACTOR correspondence, issue instructions from the
COUNTY, and maintain a complete document file for the PROJECT. Documents
to be maintained as a part of th is Task includes, but are not limited to :
correspondence, quality control procedures, shop drawing schedule and reviews,
CONTRACTOR pay requests review, change orders review and
recommendations, review of CONTRACTOR scheduling, costs and
disbursement data, and progress reports during construction.
TASK4 Construction Observation
During the estimated sixteen (16) week construction period assuming typical
construction practices and weather conditions, the Resident Project Representative
(RPR) will hold monthly progress meetings from the issuance of the notice-to-proceed
through substantial completion of the PROJECT. In these meetings, the COUNTY,
ENGINEER, and CONTRACTOR will address such items including but not limited to :
schedules, coordination problems, design issues, pending change orders, outstanding
shop drawings, procurement delays, material or construction problems, and any other
issues related to completion of the PROJECT .
On the basis of on-site observations by the ENGINEER and RPR, keep the COUNTY
informed of the progress of the work and may recommend to the COUNTY to
disapprove or reject work failing to conform to the contract documents.
The ENGINEER has assumed that part-time inspection will be required during critical
stages of construction and periodic inspection will be required during other stages of
construction . Critical stages of construction include installation and testing of utilities,
road subgrades, proof rolls, and pavement installation. Non -critical stages of
construction include activities such as clearing, stripping, erosion and sediment control,
miscellaneous grading, and seeding.
A list of other detailed items associated with this Task:
• K ickoff Meeting/Preconstruction Conference on -site w ith NCDOT, COUNTY and
CONTRACTOR (1 meeting). Incl udes organization , attendance, and subsequent
documentation of meeting . Assumes no rain outs.
WR Proposal May 2018
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071618a HC BOC Page 54
AGREEMENT AMENDMENT FOR ENGINEERING SERVICES
FOR BRIGHTWATER SCIENCE & TECHNOLOGY CAMPUS
PHASE 2A
• Includes emails , phone correspondence, and letters to commun icate with the
CONTRACTOR, regu latory agencies, and/or COUNTY through the timeframe
noted above that are not included in other tasks (assumed 0.5 hour),
• Track and File Material Testing reports .
• Attend one punch list inspection and provide requirements to be completed fo r
the CONTRACTOR associated with the water, sanitary sewer, and SCM/BMP
once construction is complete,
• Attend one acceptance inspection of the installed publ ic utility improvements by
the local jurisdiction .
In preparing the estimate for RPR hours, the ENGINEER's approach is based on
experience with similar projects. As stated above, the ENGINEER estimates the
PROJECT will require a sixteen (16) week construction contract between the COUNTY
and CONTRACTOR, assuming the CONTRACTOR is allowed to work 8-hours per day,
Monday through Friday.
Utilizing the assumptions d iscussed above, the ENGINEER has estimated that
approximately 320 RPR hours (20 hours per week for 16 weeks, respectively) will be
required and 8 hou rs for the Engineer of Record to visit the site as prescribed by
industry practice. The ENGINEER will be paid for the actual number of hours worked at
an hourly fees noted on the attached Fee & Expense Schedule provided by the
ENGINEER and attached to this Agreement, and includes all expenses incurred by the
RPR in the performance of his duties on the PROJECT . The ENGINEER has no control
over inclement weather, the sequence, productivity, and , most importantly, the intensity
with which the CONTRACTOR will complete the work, and thus the number of field
inspection hours may be more or less than the estimate . The ENGINEER will only be
paid for the actual number of hours worked. If conditions of the Agreement or the scope
of the work defined in the Agreement between the CONTRACTOR and the COUNTY is
modified, such that the contract time is extended, then the ENGINEER reserves the
right to negotiate an increase in the budget for this Task.
Note , because the ENGINEEER does not contract directly with any CONTRACTOR
performing the work, we are not responsible for the direction of work. The intent of on-
site observation is to become generally familia r with the progress and quality of the
portion of the Work completed, and to determine, in general, if the Work is being
performed generally in accordance w ith the Contract Documents . The ENGINEER shall
not be required to make exhaustive or continuous on-site inspections to check the
quality or quantity of the Work and shall not have control over or charge of, nor be
responsible for, the construction means, methods, techniques, sequences or
procedures, or for safety precautions and programs in connection with the Work, since
these are solely the CONTRACTOR's rights and responsibilities under the Contract
Documents . On the basis of the site visits , The ENGINEER shall keep the OWNER
reasonably informed about the progress of the associated Work completed , and it shall
be the OWNER's responsibility to make decisions on work progress , changes, and
costs.
WR Propos al May 2018
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071618a HC BOC Page 55
TASKS
AGREEMENT AMENDMENT FOR ENGINEERING SERVICES
FOR BRIGHTWATER SCIENCE & TECHNOLOGY CAMPUS
PHASE2A
Record Surveying/Drawing and Certification Services
Perform field surveys of project improvements including sanitary sewer, waterlines
(existing and proposed) and stormwater management device; prepare record drawings
of these improvements . Engineer to provide certifications for the water, sewer and
stormwater management device components .
This task does not include additional engineering design, construction administration
and/or project management due to as-built construction deficiencies. A maximum of
two reviews of as-built surface areas and volumes are included with this task .
B. ADDITIONAL SERVICES OF THE ENGINEER:
The ENGINEER shall undertake additional services only upon receipt of written
authorization from the COUNTY. Upon receipt of written authorization from the
COUNTY, the ENGINEER will provide additional services not considered normal or
customary Basic Services. Such additional services may include, but not be limited to,
any of the following :
1. Revisions to previously approved drawings and specifications to accomplish
changes ordered by the COUNTY, NCDOT or NCDEQ .
2. Preparing drawings and specifications for alternate bids when so directed by the
COUNTY for work that is not executed .
3. Providing services of special consultants other than the required normal civil and
surveying services, and the other special services as specifically described under
Section A entitled "Basic Services of the Engineer."
4. Serving as an expert witness for the COUNTY in any litigation involving the
PROJECT.
5 . Providing Pre-Construction, Construction Phase and Post Construction Phase
Services such as performing additional design surveys, construction staking, and
construction management.
6 . Preparing contract documents other than noted above. All specifications
including general conditions, supplemental conditions, technical specifications
and bid forms shall be provided by the COUNTY .
7 . Grant administration and any work related to PROJECT grants.
8. NPDES inspections and Turbidity monitoring (if required by NCDEQ).
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071618a HC BOC Page 56
AGREEMENT AMENDMENT FOR ENGINEERING SERVICES
FOR BRIGHTWATER SCIENCE & TECHNOLOGY CAMPUS
PHASE 2A
9 . Preparation of Lighting, landscaping , and s igning plans and related construction
documents.
10. Providing design surveys such as boundary and topographic surveys .
11 . Providing any electrical, architectural, environmental, structural , and geotechnical
services .
12 . Preparing, attending, and evaluating more than 1 bid opening .
D. THE OWNER'S RESPONSIBILITIES
During the performance of the ENGINEER'S services under this AGREEMENT, the
OWNER will:
1. Provide full information as to the COUNTY requirements for the PROJECT.
2 . Assist the ENGINEER by placing at his disposal all available information
pertinent to the PROJECT, including previous inspection data and reports, maps,
old drawings, maintenance records and any other data relative to design and
construction of the PROJECT.
3. Examine all studies, reports, sketches, estimates, specifications, drawings,
proposals and other documents presented by the ENGINEER and render in
writing decisions pertaining thereto within a reasonable time so as not to delay
the services of the ENGINEER.
4. Give prompt written notice to the ENGINEER whenever the COUNTY observes
or otherwise becomes aware of any defect in the PROJECT .
5. Acquire all required land and easements acquisitions outside NCDOT right-of-
way.
6 . Pay all permit fees and expenses .
7. Advertise the PROJECT for bid .
8 . Provide construction administration and inspection services required for
PROJECT not contracted to ENGINEER.
9 . Provide any payments to the CONTRACTOR.
10. Handle any matters requiring an attorney at law.
WR Proposal
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May 2018
071618a HC BOC Page 57
AGREEMENT AMENDMENT FOR ENGINEERING SERVICES
FOR BRIGHTWATER SCIENCE & TECHNOLOGY CAMPUS
PHASE 2A
F. PAYMENTS TO THE ENGINEER
1. Basic Services of the Engineer
The ENGINEER will complete Tasks 2 and 5 of this Agreement for a lump sum fee .
For Tasks 1, 3, and 4 listed below as "Hourly Fee with Budget', the rates to be charged
will be in accordance with the rate schedule attached hereto as Exhibit 2 and hereby
incorporated herein . The ENGINEER will endeavor to complete these tasks for fees not
to exceed the estimated amounts set forth below. Should it appear that the total cost of
each of these individual tasks might exceed the estimated amount, The ENGINEER will
obtain written approval from COUNTY prior to incurring any additional costs.
Fees shall be allocated for the various tasks of the work as indicated in the following
table with reimbursable expenses as provided for per the attached Fee & Expense
Schedule provided by the ENGINEER:
Description Fee Allocation
Task 1 Project Administration
(Hourly Fee with Budget) ....................................... $ 4,000.00
Task 2 Road Design and Permitting Services
.............................................................................. $ 17,400.00
Task 3 Construction Administration
(Hourly Fee with Budget) ....................................... $ 6,500.00
Task 4 Construction Observation
(Hourly Fee with Budget) ....................................... $ 38,300.00
Task 5 Record Surveying/Drawing and Certification
Services ................................................................. $ 7,000.00
Reimbursable Expenses ........................................ $ 1,500.00
TOTAL FEE .......................................................... $ 74,700.00
2. Other Payment Provisions
Payment shall become due and payable monthly upon receipt of the ENGINEER'S
itemized invoice. COUNTY shall have the right to verify that the percentage of work
being billed for is completed.
The COUNTY will pay all permit application, impact fees and expenses.
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071618a HC BOC Page 58
AGREEMENT AMENDMENT FOR ENGINEERING SERVICES
FOR BRIGHTWATER SCIENCE & TECHNOLOGY CAMPUS
PHASE 2A
Monthly invoices shall be cumulative and shall indicate the total charges incurred
through the billing period.
3. Schedule of Deliverables:
Start work within 10 days of the execution of this agreement or as agreed to by mutual
consent of both parties. Construction schedule will be determined by the OWNER as
determined upon funding of the construction .
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement
on this day of , 2018.
ATTEST :
ATTEST:
By:
Title: Loftee Smith, PE, Vice President
WR Proposal
COUNTY OF HARNETT (OWNER):
By: ______________ _
Title: Paula Stewart, COUNTY Manager
WITHERSRAVENEL, INC
. ( \ I / ,,· '\ I
I , J •· I
/{~' /r-L
By: _____ F _______ _
Title: Ken Jesneck, PE.Sr. Project Manager
THIS TRU,111!::N I HAS BEEN
PREAUDITED I HE M NNER REQUIRED
BY THE LOCAL G ~E NMENT BUDGET
AND FISCAL T~OLACT
HARNETI COIJNTY FINANCE
May 2018
8 of 8
071618a HC BOC Page 59
BRIGHTWATER TECHNOLOGY PARK INFRASTRUCTURE IMPROVEMENTS
PROJECT PHASE II
BE IT ORDAINED by the Board of Commissioners of Hamett County, North Carolina, sitting
as the governing board of Harnett County.
Section I. This project consists of the construction of approximately 540 linear feet of
roadway to extend Brightwater Drive to include associated storm drainage and gravity sewer.
Section II. This project will be jointly funded by a Golden Leaf Foundation grant and
HCDPU reserves.
Section III. The following amounts are hereby appropriated for this project:
Engineering
Construction
Materials & Supplies
Legal/ Admin
Contingency
Total
$ 74,700
570,000
13 ,113
10 ,000
30,000
$ 697,813
Section IV. It is estimated that the following revenue will be available for this capital project:
Golde n Leaf G rant
HCDPU Reserves
Total
Duly Adopted this 16th day of July, 2018 .
A TTEST:
Margaret R. Wheeler, Clerk to the Board
$ 500,000
197,813
$ 697,813
Gordon Springle, Chairman
Harnett County Board of Commissioners
071618a HC BOC Page 60
Board Meeting
Agenda Item
Agenda Item ---'4'--'-G~-
MEETING DATE: July 16, 2018
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Adopt AGPIP resolution for OPEB Trust
REQUESTED BY: Kimberly Honeycutt, Finance Officer
REQUEST:
The Harnett County Finance Officer request that the Board adopt the attached resolution
authorizing an intitial contribution of $100,000 into the NC State Treasurer's Ancillary
Governmental Participant Investment Program (AGPIP).
These funds, invested in the AGPIP, will be used to fund the Harnett County Other Post
Employment Benefits (OPEB) Trust.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
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-7.16 .2018.docx Page I of I 071618a HC BOC Page 61
Harnett
...-~"-"1 C O U N T Y
NOR TH CAR OLINA
RESOLUTION TO ESTABLISH AN IRREVOCABLE TRUST FOR OTHER
POSTEMPLOYMENT BENEFITS (OPEB)
WHEREAS , the Local Government Other Post-Employment Benefits Trust (the "OPEB Trust")
established pursuant to North Carolina General Statutes ("NCGS") Section 147-69.2 and 159-
30.1 consists of contributions made by local governments, public authorities and other entities
("Participants") authorized to make contributions to the OPEB Trust, which contributions are
irrevocable;
WHEREAS, the assets of the OPEB Trust are not subject to the claims of creditors of any
Participants and may only be withdrawn by a Participant to provide benefits to individuals, who
are former employees, or beneficiaries of former employees of the Participant, and who are
entitled to benefits payable by the Participant within the meaning ofNCGS Section 147-69.2 or
147-69.5; and
www.harne tt.org
WHEREAS, the Harnett County Board of Commissioners has determined that it is advisable and
in the best interests of the County of Harnett to make contributions to the OPEB Trust for the
purpose of funding its obligation to provide post-employment benefits other than pension
benefits, as provided in that certain Deposit Agreement between the County of Harnett and the
Treasurer, the form of which has previously been made available to the Harnett County Board of
Commissioners (the "Deposit Agreement").
WHEREAS, the Harnett County Board of Commissioners has the authority to appoint and
remove Trustees of the OPEB Trust in accordance with the Trust Agreement.
WHEREAS, the Harnett County Board of Commissioners has appointed the County Manager as
an Authorized Representative and as Trustee of the OPEB Trust, and the Trustee has accepted
such appointment pursuant to the terms and conditions set forth in the Trust Agreement.
NOW, THEREFORE, BE IT RESOLVED , that the Harnett County Board of Commissioners
hereby acknowledges and approves an initial contribution of$100,000.00 to the OPEB Trust (the
"Contribution") pursuant to the terms and conditions of the Deposit Agreement between the
County of Harnett and the State Treasurer of North Carolina in the form presented to the Hamett
County Board of Commissioners;
FURTHER RESOLVED, that the appropriate officers, managers, and representatives of the
County of Harnett (the "Authorized Representatives") are hereby authorized and directed to
execute and deliver the Deposit Agreement, to take any other actions deemed necessary or
appropriate to consummate the transactions provided for therein, and to cause the Contribution to
be made ;
strong roots • new growth 071618a HC BOC Page 62
FURTHER RESOLVED, that all actions heretofore taken by any of the Authorized
Representatives of the County of Hamett acting on behalf of the County of Hamett in
furtherance of the foregoing resolutions are hereby ratified, adopted, approved and confirmed in
all respects; and
FURTHER RESOLVED, that the Authorized Representatives of the County of Harnett acting on
behalf of the County of Hamett are hereby authorized to take all such other actions as they may
deem necessary or appropriate to give effect to the foregoing resolutions .
Duly adopted by the Harnett County Board of Commissioners this 16th day of July, 2018.
Attest:
Margaret Regina Wheeler, Clerk
www .harnett.org
HARNETT COUNTY BOARD OF COMMISSIONERS
By: __________________ _
Gordon Springle,
Chairman of the Board of Commissioners
071618a HC BOC Page 63
Board Meeting
Agenda Item
Agenda Item ---=-4-....;.H.;__
MEETING DATE: July 16, 2018
TO : HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Establishment of OPED Trust
REQUESTED BY: Kimberly Honeycutt, Finance Officer
REQUEST:
In accordance with Governmental Finance Officers Association (GFOA) best practices, the
Hamett County Finance Officer request that the Board approve the attached agreement
establishing the Hamett County Other Post Employment Benefits Trust (OPEB) Trust.
The trust will be a single employer trust established in accordance with Internal Revenue
Code section 115. Funding for the trust will be invested in the NC State Treasurer's
Ancillary Governmental Participant Investment Program (AGPIP).
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
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7 .1 6.2018.docx Page I o fl 071618a HC BOC Page 64
AGREEMENT ESTABLISHING
LOCAL GOVERNMENT OTHER POST-EMPLOYMENT BENEFITS TRUST
This Trust Agreement is entered into as of the __ day of July , 2018 (hereinafter "Effective
Date"), by and between The County of Hamett, North Carolina (hereinafter the "Employer") and Paula
Stewart (the "Trustee");
RECITALS:
WHEREAS, the Employer wishes to establish a trust pursuant to Section 159-30.l(b) of the
North Carolina General Statutes, to be known as the "Local Government Other-Post Employment
Benefits Trust" (hereinafter the "Trust"), for the purpose of funding its obligation to provide post-
employment benefits other than pension benefits, as required to be reported under GASB 45;
WHEREAS , this Trust is established by the Employer with the intention that the Trust qualify as
an irrevocable tax-exempt trust performing an essential governmental function within the meaning of
Section 115 of the Code and the Regulations issued thereunder and as a tax-exempt trust under the
provisions of the applicable laws of the State of North Carolina; and
WHEREAS , Employer has appointed the Trustee as trustee of the Trust, and the Trustee has
accepted such appointment pursuant to the terms and conditions set forth in this Trust Agreement; and
NOW THEREFORE, for good and valuable consideration, the parties hereto agree as follows:
ARTICLE I
DEFINITIONS
1.1 "Assets" shall mean all contributions and transfers of assets received into the Trust on
behalf of the Employer, together with the income and earnings from such contributions
and transfers and any increments accruing to them, net of any investment losses, benefits,
expenses or other costs.
1.2 "Code" shall mean the Internal Revenue Code of 1986, a s amended from time to time.
1.3 "Employer's Agent" shall mean an individual or entity appointed b y the Employer to act
in such matters as are specified in the appointment.
1.4 "Effective Date" shall mean the date as of which the Trust is established, as set forth
above.
1.5 "Employer" shall mean the County of Hamett, North Carolina.
1.6 "GASB" shall mean the Governmental Accounting Standards Board.
1.7 "G ASB 45" shall mean Statement Number 45 issued by GASB requiring public agencies
to report OPEB Obligations on their balance sheets effective after December 31, 2006.
1.8 "GASB 45 Investment Policy" shall mean the written investment policy for the T rust
which shall be adopted by the Employer and delivered to the Trustee.
1.9 "Investment Advisory Committee" shall mean a group of qualified private and public
sector employees selected by the Employer that will b e respon sible for establishing and
071618a HC BOC Page 65
maintaining broad policies and objectives for all aspects of the Trust investments. The
committee will review and approve the development or revision of all matters concerning
Trust investments. Investment matters addressed by the Investment Advisory Committee
shall be communicated to the Employer, and the Employer shall communicate in writing
to the Trustee any such investment matters necessary for the Trustee to fulfill its duties
hereunder. ·
1.10 "OPEB" shall mean "other post-employment benefits," such as medical, dental , vision,
life insurance, long-term care and other similar benefits, provided to retirees, other than
pension benefits.
1.11 "OPEB Obligation" shall mean an Employer's obligation to provide post-employment
health care and welfare benefits to its "eligible employees" as specified in such Employer's
written policies, the Plan and/or applicable collective bargaining agreements.
1.12 "Plan" shall mean Employer's OPEB Obligations and the Employer's satisfaction thereof,
to the extent of existing assets and future earnings of those assets.
1.13 "Plan Administrator" shall mean the individual designated by position of employment
at the Employer to act on its behalf in all matters relating to the Plan and Trust.
1.14 "Qualified Investments" shall mean all investments authorized under Section 159-30.1 (b)
of the North Carolina General Statutes, including the following:
(I) Obligations of the United States or obligations fully guaranteed both as to principal
and interest by the United States.
(2) Obligations of the Federal Financing Bank, the Federal Fann Credit Bank, the
Bank for Cooperatives, the Federal Intermediate Credit Bank, the Federal Land
Banks, the Federal Home Loan Banks, the Federal Home Loan Mortgage
Corporation, Fannie Mae, the Government National Mortgage Association, the
Federal Housing Administration, the Farmers Home Administration, the United
States Postal Service.
(3) Obligations of the State of North Carolina.
(4) Bonds and notes of any North Carolina local government or public authority, to
the extent permitted in Section 159.30(c)(4) of the North Carolina General
Statutes.
(5) Savings certificates issued by any savings and loan association organized under
the laws of the State of North Carolina or by any federal savings and loan
association having its principal office in North Carolina; provided, that any
principal amount of such certificate in excess of the amount insured by the federal
government or any agency thereof, or by a mutual deposit guaranty association
authorized by the Commissioner of Banks of the Department of Commerce of the
State of North Carolina, be fully collateralized.
( 6) Prime quality commercial paper bearing the highest rating of at least one nationally
recognized rating service and not bearing a rating below the highest by any
nationally recognized rating service which rates of particular obligation.
071618a HC BOC Page 66
(7) Bills of exchange or time drafts drawn on and accepted by a commercial bank and
eligible for use as collateral by member banks in borrowing from a federal reserve
bank, provided that the accepting bank or its holding company is either (i)
incorporated in the State of North Carolina or (ii) has outstanding publicly he ld
obligations bearing the highest rating of at least one nationally recognized rating
service and not bearing a rating below the highest by any nationally recognized
rating service which rates the particular obligations.
(8) Participating shares in a mutual fund for local government investment; provided,
that the investments of the fund are limited to Qualified Investments hereunder,
and the fund is certified by the Local Government Commission. The Local
Government Commission shall have the authority to issue rules and regulations
concerning the establishment and qualifications of any mutual fund for local
government investment.
(9) A commingled investment pool established and administered by the State
Treasurer pursuant to Section 147-69.3 of the North Carolina General Statutes.
( I 0) A commingled investment pool established by interlocal agreement by two or more
units oflocal government pursuant to Sections l 60A-460 through l 60A-464 of the
General Statutes of North Carolina, if the investments of the pool are limited to
those qualifying for investment under Section 159 .30( c )( 4) of the North Carolina
General Statutes.
(11) Evidences of ownership of, or fractional undivided interests in, future interest and
principal payments on either direct obligations of the United States government or
obligations the principal of and the interest on which are guaranteed by the United
States, which obligations are held by a bank or trust company organized and
existing under the laws of the United States or any state in the capacity of
custodian.
(12) Repurchase agreements with respect to either direct obligations of the United
States or obligations the principal of and the interest on which are guaranteed by
the United States if entered into with a broker or dealer, as defined by the Securities
Exchange Act of 1934 , which is a dealer recognized as a primary dealer by a
Federal Reserve Bank, or any commercial bank, tru st company or national banking
association, the deposits of which are insured by the Federal Deposit Insurance
Corporation or any successor thereof if:
(a) Such obligations that are subject to such repurchase agreement are
delivered (in physical or in book entry form) to the local government or
public authority, or any financial institution serving either as trustee for
the local government or public authority or as fiscal agent for the local
government or public authority or are supported by a safekeeping receipt
issued by a depository satisfactory to the local government or public
authority, provided that such repurchase agreement must provide that the
value of the underlying obligations shall be maintained at a current market
value, calculated at least daily, of not Jess than one hundred percent
(100%) of the repurchase price, and, provided further , that the financial
institution serving either as trustee or as fiscal agent for the local
government or public authority holding the obligations subject to the
071618a HC BOC Page 67
repurchase agreement hereunder or the depository issuing the safekeeping
receipt shall not be the provider of the repurchase agreement;
(b) A valid and perfected first security interest in the obligations which are the
subject of such repurchase agreement has been granted to the local
government or public authority or its assignee or book entry procedures,
conforming, to the extent practicable, with federal regulations and
satisfactory to the local government or public authority have been
established for the benefit of the local government or public authority or
its assignee;
( c) Such securities are free and clear of any adverse third party claims; and
( d) Such repurchase agreement is in a form satisfactory to the local
government or public authority.
(13) In connection with funds subject to the arbitrage and rebate provisions of the Code,
participating shares in tax-exempt mutual funds, to the extent such participation,
in whole or in part, is not subject to such rebate provisions, and taxable mutual
funds, to the extent such fund provides services in connection with the calculation
of arbitrage rebate requirements under federal income tax Jaw; provided, the
investments of any such fund are limited to those bearing one of the two highest
ratings of at least one nationally recognized rating service and not bearing a rating
below one of the two highest ratings by any nationally recognized rating service
which rates the particular fund.
(14) Investments of the State Treasurer authorized pursuant to Section 147-69.2(b4) of
the North Carolina General Statutes.
1.15 "Registered Investment Advisor" shall mean shall mean any Registered Investment
Advisor as defined by Securities and Exchange Commission regulations appointed by the
Employer or Plan Administrator who has entered into a consulting or management
agreement with the Employer for investing the Assets of the Trust.
2.1 Purpose
ARTICLE II
THE TRUST
The purpose of the Trust is to hold assets from which to satisfy the Employer's commitment
to provide post-employment benefits (other than pension benefits), as offered by the
Employer to its employees in accordance with the Employer's policies and/or applicable
collective bargaining agreements.
071618a HC BOC Page 68
2.1 Trustee Accounting
The Trustee shall be responsible only for maintaining records and maintaining accounts for
the Assets of the Trust. The Employer shall be responsible for Plan-level accounting for
OPEB.
2.3 No Diversion of Assets
The Assets in the Trust shall be held in trust for the exclusive purpose of providing OPEB
to eligible employees of the Employer and defraying the reasonable administrative and
actuarial expenses of the Trust. The Assets in the Trust shall not be used for or diverted to
any other purpose, except as expressly provided herein.
2.4 Type and Nature of Trust
Neither the full faith and credit nor the taxing power of the Employer is pledged to the
distribution of benefits hereunder. Except for contributions and other amounts hereunder,
no other amounts are pledged to the distribution of benefits hereunder . Distributions of
benefits are neither general nor special obligations of any Employer, but are payable solely
from the Assets of the Trust, as more fully described herein. No employee of any Employer
or beneficiary may compel the exercise of the taxing power by any Employer.
Distributions of Assets under the Trust are not debts of any Employer within the meaning
of any constitutional or statutory limitation or restriction. Such distributions are not legal
or equitable pledges , charges, liens or encumbrances, upon any of the Employer's property,
or upon any of its income, receipts , or revenues, except amounts in the accounts which are ,
under the terms of the Plan and Trust set aside for distributions. Neither the members of
the governing body of the Employer nor its officers, employees, agents or volunteers are
liable hereunder.
ARTICLE ID
ADMINISTRATIVE MATTERS
3.1 Certification to Trustee
The governing body of the Employer, or other duly authorized official, shall certify in
writing to the Trustee the names and specimen signatures of the Plan Administrator and
Employer's Agent, if any, and all others authorized to act on behalf of the Employer whose
names and specimen signatures shall be kept accurate by the Employer acting through a
duly authorized official or governing body of the Employer. The Trustee shall have no
liability if it acts upon the direction of a Plan Administrator or the Employer's Agent that
has been duly authorized hereunder even if that the Plan Administrator or the Employer's
Agent is no longer authorized to act, unless the Employer has informed the Trustee of such
change in writing.
3.2 Removal of Trustee
The Employer may remove the Trustee. Such action must be in writing and delivered to
the Trustee by giving at least ninety (90) days ' prior written notice to the Trustee. Ninety
071618a HC BOC Page 69
(90) days' written notice shall not be required if the Trustee is terminated from office for
any reason. The successor to such office, including any interim successor, shall become a
successor Trustee immediately upon the assumption of such office without the need for
formal appointment. A successor Trustee shall not have any liability for any action or
omission by the Trustee prior to the date of assumption of such office.
3.3 Resignation of Trustee
The Trustee may resign as trustee of the Trust at any time by giving at least ninety (90)
days' prior written notice to the Employer and the Plan Administrator. The Employer's
appointment of a successor trustee to the Trust will vest the successor trustee with title to
the Assets of its Trust upon the successor trustee's acceptance of such appointment.
3.4 Plan Administrator
The governing body of the Employer shall have plenary authority for the administration
and investment of the Trust pursuant to applicable state law and applicable federal laws
and regulations. The Employer shall by resolution designate a Plan Administrator. Unless
otherwise specified in the instrument the Plan Administrator shall be deemed to have
authority to act on behalf of the Employer in all matters pertaining to the Trust. Such
appointment of a Plan Administrator shall be effective upon receipt and acknowledgment
by the Trustee and shall be effective until the Trustee is furnished with a resolution of the
Employer that the appointment has been modified or terminated.
3.5 Failure to Appoint Plan Administrator
If the Employer does not appoint a Plan Administrator, or if such appointment lapses, the
Employer shall be deemed to be the Plan Administrator.
3.6 Employer's Agent
The Plan Administrator, acting on behalf of the Employer, may delegate certain authority,
powers and duties to Employer's Agent to act in those matters specified in the delegation.
Any such delegation must be in writing that names and identifies the Employer's Agent,
states the effective date of the delegation, specifies the authority and duties delegated, is
executed by the Plan Administrator and is acknowledged in writing by the Employer's
Agent and certified as required in Section 3.1.
3.7 Notice
Effective notice hereunder shall be delivered via United States Mail or other reliable means
of delivery, including via telecopy , electronic mail or overnight delivery service, to the
following:
EMPLOYER:
The County of Harnett
Post Office Box 759
Lillington, North Carolina 27546
071618a HC BOC Page 70
PLAN ADMINISTRATOR:
Kimberly A. Honeycutt
Finance Officer
Post Office Box 760
Lillington , North Carolina 27546
TRUSTEE:
Paula Stewart
County Manager
Post Office Box 759
Lillington, North Carolina 27546
ARTICLE IV
THE TRUSTEE
4.1 Powers and Duties of the Trustee
Except as otherwise provided in Article V, and subject to the provisions of Article VI, the
Trustee shall have full power and authority with respect to property held in the Trust to
perform all acts, take all proceedings, and exercise all rights and privileges, whether
specifically referred to or not in this document, as could be done, taken or exercised by the
absolute owner, including, without limitation, the following:
(a) To invest and reinvest the Assets or any part hereof in Qualified Investments
pursuant to this Trust and applicable state law.
(b) To place uninvested cash and cash awaiting distribution in any type of interest-
bearing account including, without limitation, time certificates of deposit or interest-
bearing accounts issued by a commercial bank or savings and loan association organized
under the laws of the State of North Carolina or having its principal office in North
Carolina;
(c) To borrow money for the purposes of the Trust from any source with or without
giving security; to pay interest; to issue promissory notes and to secure the repayment
thereof by pledging all or any part of the Assets;
(d) To take all of the following actions: to vote proxies of any stocks, bonds or other
securities; to give general or special proxies or powers of attorney with or without power
of substitution; to exercise any conversion ,privileges , subscription rights or other options,
and to make any payments incidental thereto; to consent to or otherwise participate in
corporate reorganizations or other changes affecting corporate securities and to delegate
discretionary powers and to pay any assessments or charges in connection therewith; and
generally to exercise any of the powers of an owner with respect to stocks, bonds, securities
or other property held in the Trust;
071618a HC BOC Page 71
(e) To make, execute, acknowledge and deliver any and all documents of transfer and
conveyance and any and all other instruments that may be necessary or appropriate to carry
out the powers herein granted;
(h) To exercise all the further rights , powers , options and privileges granted, provided
for, or vested in trustees generally under applicable federal or state laws as amended from
time _to time, it being intended that, except as herein otherwise provided, the powers
conferred upon the Trustee herein shall not be construed as being in limitation of any
authority conferred by law , but shall be construed as consistent or in addition thereto.
4.2 Additional Trustee Powers
In addition to the other powers enumerated above, the Trustee in any and all events is
authorized and empowered:
(a) To pay administrative fees as directed by the Plan Administrator;
(b) To invest funds pending required directions in a designated account as directed by the
Investment Advisory Committee or if there is no designated account, any type of interest-
bearing account including without limitation, time certificates of deposit or interest-bearing
accounts issued by a commercial bank or savings and loan association organized under the
laws of the State of North Carolina or having its principal office in North Carolina Trustee
or any affiliate thereof;
(c) To cause all or any part of the Trust to be held in the name of the Trustee (which
in such in stance need not disclose its fiduciary capacity) or, as permitted by law, in the
name of any nominee , and to acquire for the Trust any investment in bearer form, but the
books and records of the Trust shall at all times show that all such investments are a part
of the Trust and th e Trustee shall hold evidences of title to all such investments;
(d) To appoint a custodian with respect to the Trust Assets;
(e) To employ such agents and counsel as may be reasonably necessary in managing
and protecting the Assets and to pay them reasonable compensation from the Trust; to
employ any broker-dealer, including a broker-dealer affiliated with the Trustee, and pay to
such broker-dealer at the expense of the Trust, its standard commissions ; to settle,
compromise or abandon all claims and demands in favor of or against the Trust; and to
charge any premium on bonds purchased at par value to the principal of the Trust without
amortization from the Trust, regardless of any law relating thereto;
(t) To abandon , compromise, contest, arbitrate or settle claims or demands; to
prosecute, compromise and defend lawsuits , but without obligation to do so, all at the risk
and expense of the Trust;
(g) To exercise and perform any and all of the other powers and duties s pecified in
thi s Trust Agreement or the Plan;
(h) To permit such inspections of documents at the principal office of the Trustee as
are required by law, subpoena or demand by a United States agency ;
(i) To comply with all requirements imposed by applicable provi sions of law;
071618a HC BOC Page 72
(j) To seek written instructions from the Plan Administrator or other fiduciary on any
matter and await their written instructions without incurring any liability. If at any time
the Plan Administrator or the fiduciary should fail to give directions to the Trustee, the
Trustee may act in the manner that in its discretion seems advisable under the
circumstances for carrying out the purposes of the Trust;
(k) To compensate such executive, consultant, actuarial , accounting, investment,
appraisal, administrative, clerical, secretarial, medical, custodial, depository and legal
firms, personnel and other employees or assistants as are engaged by the Plan
Administrator in connection with the administration of the Plan and to pay from the Trust
the necessary expenses of such firms, personnel and assistants, to the extent not paid by
the Plan Administrator;
(1) To act upon proper written directions of the Employer, Plan Administrator or
Employer's Agent;
(m) To pay from the Trust the expenses reasonably incurred in the administration
thereof, as provided in the Plan;
(n) To hold uninvested reasonable amounts of cash whenever it is deemed advisable
to do so to facilitate disbursements or for other operational reasons ,
(o) To have and to exercise such other additional powers as may be advisable for the
effective and economical administration of the Trust.
5.1 Trust Investments
ARTICLEV
INVESTMENTS
The Employer and the Investment Advisory Committee, if any, shall have responsibility to
select Qualified Investments for the Trust Assets. The Employer and the Investment
Advisory Committee, if any, may appoint a Registered Investment Advisor to the Trust by
executing a written consulting or management agreement with said Registered Investment
Advisor.
5.2 Trustee Fees
As may be agreed upon, in writing, between the Employer and Trustee, the Trustee will be
paid reasonable compensation for services rendered or reimbursed for expenses properly
and actually incurred in the perfonnance of duties with respect to the Trust. The Trustee
shall be entitled to receive its fees and expenses when due directly from the Trust.
Notwithstanding the foregoing, any Trustee who is an employee of the Employer shall
receive no fee for service as a Trustee hereunder.
5.3 Contributions
Eligible Employees may be permitted to make contributions to the Trust, subject to
approval of the Plan Administrator. The Plan Administrator shall, on behalf of the
Employer, make all contributions to the Trustee. Such contributions shall be in cash, unless
the Trustee agrees to accept a contribution that is not in cash. All contributions shall be
071618a HC BOC Page 73
paid to the Trustee for investment and reinvestment pursuant to the terms of this Trust
Agreement. The Trustee shall not have any duty to determine or inquire whether any
contributions to the Trust made to the Trustee by the Plan Administrator are in compliance
with the Employer's policies and /or collective bargaining agreements applicable state law,
nor shall the Trustee have any duty or authority to compute any amount to be paid to the
Trustee by the Plan Administrator; nor shall the Trustee be responsible for the collection
or adequacy of the contributions to meet the Employer's OPEB Obligation, as may be
determined under GASB 45. The contributions received by the Trustee from the Employer
shall be held and administered pursuant to the terms hereof without distinction between
income and principal.
5.4 Records
(a) The Trustee shall maintain accurate records and detailed accounts of all
investments, receipts, disbursements and other transactions hereunder. Such records shall
be available at all reasonable times for inspection by the Employer and Plan Administrator.
The Trustee shall, at the direction of the Plan Administrator, submit such valuations,
reports or other information as the Plan Administrator may reasonably require.
(b) The Assets of the Trust shall be valued at their fair market value on the date of
valuation, as determined by the Trustee based upon such sources of information as it may
deem reliable; provided, however, that the Plan Administrator shall instruct the Trustee as
to valuation of assets which are not readily determinable on an established market. The
Trustee may rely conclusively on such valuations provided by the Plan Administrator and
shall be indemnified and held harmless by the Employer with respect to such reliance. If
the Plan Administrator fails to provide such values, the Trustee may take whatever action
it deems reasonable, including employment of attorneys, appraisers or other professionals,
the expense of which will be an expense of administration of the Trust. Transactions in
the account involving such hard to value assets may be postponed until appropriate
valuations have been received and Trustee shall have no liability therefore.
5.5 Statements
(a) Periodically as specified, and within sixty (60) days after December 31, or the end
of the Trust's fiscal year if different, Trustee shall render to the Plan Administrator as
directed, a written account showing in reasonable summary the investments, receipts,
disbursements and other transactions engaged in by the Trustee during the preceding fiscal
year or period with respect to the Trust. Such account shall set forth the assets and
liabilities of the Trust valued as of the end of the accounting period.
(b) The Plan Administrator may approve such statements either by written notice or
by failure to express objections to such statements by written notice delivered to the Trustee
within ninety (90) days from the date the statement is delivered to the Plan Administrator.
Upon approval , the Trustee shall be released and discharged as to all matters and items set
forth in such statement as if such account had been settled and allowed by a decree from a
court of competent jurisdiction.
5.6 Exclusive Benefit
The Assets of the Trust shall be held in trust for the exclusive purpose of providing OPEB
to the Eligible Employees of the Employer pursuant to the Employer's policies and/or
071618a HC BOC Page 74
applicable collective bargaining agreements , and defraying the rea sonable expenses
associated with the providing of such benefits , and shall not be used for or diverted to any
other purpose.
ARTICLE VI
FIDUCIARY RESPONSIBILITIES
6.1 More Than One Fiduciary Capacity
Any one or more of the fiduciaries with respect to the Trust Agreement or the Trust may,
to the extent required thereby or as directed by the Plan Administrator pursuant to this Trust
Agreement, serve in more than one fiduciary capacity with respect to th e Trust Agreement
and the Trust.
6.2 Fiduciary Discharge of Duties
Except as otherwise provided by applicable law, each fiduciary shall discharge such
fiduciary 's duties with respect to the Trust Agreement and the Trust:
(a) solely in the interest of the Eligible Employees and for the exclusive purpose of
providing OPEB to Eligible Employees, and defraying reasonable administrative and
actuarial expenses associated with providing such benefits; and
(b) with the care, skill , prudence, and diligence under the circumstances then
prevailing that a prudent man acting in a like capacity and familiar with such matters would
use in the conduct of an enterprise of like character and with like aims .
6.3 Limitations on Fiduciary Responsibility
To the extent allowed by the state law applicable to this Trust Agreement:
(a) No fiduciary shall be liable with respect to a breach of fiduciary duty by any other
fiduciary if such breach was committed before such party became a fiduciary or after such
party ceased to be a fiduciary.
(b) No fiduciary shall be liable for a breach by another fiduciary except as provided
by law.
(c) No fiduciary shall be liable for carrying out a proper direction from another
fiduciary, including refraining from taking an action in the absence of a proper direction
from the other fiduciary possessing the authority and responsibility to make such a
direction, which direction the fiduciary in good faith believes to be authorized and
appropriate.
6.4 Indemnification
The Trustee shall not be liable for , and the Employer shall indemnify, defend and hold the
Trustee harmless from and against any claims, demands, loss , costs, expense or liability in
connection with this Tru st Agreement, including reasonable attorneys ' fees and costs
incurred by the Tru stee, ari sing as a re s ult of Employer's active or pass iv e negligent act or
071618a HC BOC Page 75
omission or willful misconduct in the execution or performance of the Employer's duties
under this Trust Agreement.
In addition, the Trustee shall not be liable for, and Employer shall indemnify and hold the
Trustee harmless from and against any claims, demands , loss , costs, expense or liability
arising out of or in connection with this Trust Agreement, including reasonable attorneys '
fees and costs incurred by the Trustee, in the event that the Trust loses or fails to qualify
for tax exempt status under Section 115 of the Code and the Regulations issued or as a tax-
exempt trust under the provisions of North Carolina law, unless such results directly or
indirectly from the active or passive negligent act or omission of the Trustee or an
employee or agent thereof.
This section shall survive the termination of this Trust Agreement.
ARTICLE VII
AMENDMENT, TERMINATION AND MERGER
7.1 No Obligation to Continue Trust
Continuance of the Trust and continuation of the Employer's policies and/or applicable
collective bargaining agreements that provide OPEB are not assumed as a contractual
obligation of the Employer.
7.2 Amendments
(a) The Trust Agreement may only be amended or terminated as provided herein. The
Emp loyer shall have the right to amend this Trust Agreement from time to time, and to
similarly amend or cancel any amendments. A copy of all amendments shall be delivered
to the Trustee and Plan Administrators promptly as each is made.
(b) Such amendments shall be set forth in an instrument in writing executed by the
Emp loyer and the Trustee. Any amendment may be current, retroactive or prospective,
provided, however, that no amendment shall:
( 1) Cause the Assets of any Trust to be used for or diverted to purposes other
than for the exclusive benefit of Eligible Employees of the Employer or for the
purpose of defraying the reasonable expenses of administering such Trust.
(2) Have any retroactive effect so as to reduce the benefits of any Eligible
Employees as of the date the amendment is adopted, except that such changes may
be made as may be required to permit this Trust Agreement to meet the
requirements of applicable law.
(3) Change or modify the duties, powers or liabilities of the Trustee hereunder
without its consent.
7.3 Termination of the Plan
A termination of the Employer 's obligation to provide OPEB pursuant to the Employer 's
policies and/or applicable collective bargaining agreements for which the Trust was
established shall not, in itself, effect a termination of the Trust. Upon any termination of
071618a HC BOC Page 76
the Employer's obligation to provide OPEB pursuant to the Employer's policies and/or
applicable collective bargaining agreements, the Assets of the Trust shall be distributed by
the Trustee when directed by the Plan Administrator. From and after the date of such
termination and until final distribution of the Assets the Trustee shall continue to have all
the powers provided herein as are necessary or expedient for the orderly liquidation and
distribution of such assets and the Trust shall continue until the Assets have been
completely distributed in accordance with the Employer's policies and/or applicable
collective bargaining agreements.
7 .4 Fund Recovery Based on Mistake of Fact
Except as hereinafter provided, the Assets of the Trust shall never inure to the benefit of
the Employer. The Assets shall be held for the exclusive purposes of providing post-
employment health care and welfare benefits to Eligible Employees and defraying
reasonable expenses of administering the Trust. However, in the case of a contribution
which is made by an Employer because of a mistake of fact , that portion of the contribution
relating to the mistake of fact ( exclusive of any earnings or losses attributable thereto) may
be returned to the Employer, provided such return occurs within two (2) years after
discovery by the Employer of the mistake. If any repayment is payable to the Employer,
then, as a condition precedent to such repayment , the Employer shall execute, acknowledge
and deliver to the Trustee its written undertaking, in a form satisfactory to the Trustee, to
indemnify, defend and hold the Trustee harmless from all claims, actions, demands or
liabilities arising in connection with such repayment.
7.5 Termination
The Trust may be terminated only by the Employer. Such action must be in writing and
delivered to the Trustee in accordance with the terms of this Trust Agreement.
8.1 Nonalienation
ARTICLEVIll
MISCELLANEOUS PROVISIONS
Eligible Employees do not have an interest in the Trust. Accordingly, the Trust shall not
in any way be liable to attachment, garnishment, assignment or other process, or be seized,
taken, appropriated or applied by any legal or equitable process, to pay any debt or liability
of an Eligible Employee or any other party. Trust Assets shall not be subject to the claims
of the Employer or the claims of its creditors.
8.2 Saving Clause
In the event any provision of this Trust Agreement and each Trust are held illegal or invalid
for any reason, said illegality or invalidity shall not affect the remaining parts of the Trust
Agreement and/or Trust, but this instrument shall be construed and enforced as if said
provision had never been included.
8.3 Applicable Law
This Trust Agreement shall be construed, administered and governed under the Code and
the law of the State of North Carolina. To the extent any of the provisions of this Trust
071618a HC BOC Page 77
Agreement are inconsistent with the Code or applicable state law , the provisions of the
Code or state law shall control. In the event, however, that any provision is susceptible to
more than one interpretation, such interpretation shall be given thereto as is consistent with
the Trust Agreement being a tax-exempt trust within the meaning of the Code.
8.4 Employment of Counsel
The Trustee may consult with legal counsel (who may be counsel for the Trustee or the
Employer) and charge the Trust. The Trustee shall be fully protected in relying on advice
of such counsel.
8.5 Gender and Number
Words used in the masculine, feminine or neuter gender shall each be deemed to refer to
the other whenever the context so requires; and words used in the singular or plural number
shall each be deemed to refer to the other whenever the context so requires.
8.6 Headings
Headings used in this Trust Agreement are inserted for convenience of reference only and
any conflict between such headings and the text shall be resolved in favor of the text.
8. 7 Counterparts
This Trust Agreement may be executed in an original and any number of counterparts by
the Employer and Trustee, each of which shall be deemed to be an original of the one
and the same instrument.
AGREED TO AND ACCEPTED this __ day of July, 2018.
TRUSTEE
By: _____________ _
Paula Stewart
Title: County Manager
EMPLOYER
COUNTY OF HARNETT,
NORTH CAROLINA
By:--------------
Gordon Springle
Title: Chairman
071618a HC BOC Page 78
Board Meeting
Agenda Item
Agenda Item __ 4.:-·-=-1 _
MEETING DA TE: July 16, 2018
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Adopt AGPIP resolution for LEOSSA Trust
REQUESTED BY: Kimberly Honeycutt, Finance Officer
REQUEST:
The Hamett County Finance Officer request that the Board adopt the attached resolution
authorizing an intitial contribution of $100,000 into the NC State Treasurer's Ancillary
Governmental Participant Investment Program (AGPIP).
These funds, invested in the AGPIP, will be used to fund the Hamett County Law
Enforcement Officer Special Seperation Allowance (LEOSSA) Trust.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
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www.harn ett.org
RESOLUTION TO ESTABLISH AN IRREVOCABLE LOCAL GOVERNMENT LAW
ENFORMCENT SPECIAL SESPARATION ALLOWANCE ("LEOSSA") TRUST
WHEREAS, the Local Government Law Enforcement Special Separation Allowance Trust (the
"LEOSSA Trust") established pursuant to North Carolina General Statutes ("NCGS") Section
147-69.5 and 159-30.2 consists of contributions made by local governments, public authorities
and other entities ("Participants") authorized to make contributions to the OPEB Trust, which
contributions are irrevocable;
WHEREAS, the assets of the LEOSSA Trust are not subject to the claims of creditors of any
Participants and may only be withdrawn by a Participant to provide benefits to individuals, who
are former employees, or beneficiaries of former employees of the Participant, and who are
entitled to benefits payable by the Participant within the meaning ofNCGS Section 147-69.2 or
147-69.5; and
WHEREAS, the Harnett County Board of Commissioners has determined that it is advisable and
in the best interests of the County of Harnett to make contributions to the LEOS SA Trust for the
purpose of funding its obligation to provide post-employment benefits to qualified law
enforcement officers, as provided in that certain Deposit Agreement between the County of
Harnett and the Treasurer, the form of which has previously been made available to the Harnett
County Board of Commissioners (the "Deposit Agreement").
WHEREAS, the Harnett County Board of Commissioners has the authority to appoint and
remove Trustees of the LEOSSA Trust in accordance with the Trust Agreement.
WHEREAS, the Harnett County Board of Commissioners has appointed the County Manager as
an Authorized Representative and Trustee of the LEOSSA Trust, and the Trustee has accepted
such appointment pursuant to the terms and conditions set forth in the Trust Agreement.
NOW, THEREFORE, BE IT RESOLVED, that the Harnett County Board of Commissioners
hereby acknowledges and approves an initial contribution of $100,000.00 to the LEOS SA Trust
(the "Contribution") pursuant to the terms and conditions of the Deposit Agreement between the
County of Harnett and the State Treasurer of North Carolina in the form presented to the Harnett
County Board of Commissioners;
FURTHER RESOLVED, that the appropriate officers, managers, and representatives of the
County of Harnett (the "Authorized Representatives") are hereby authorized and directed to
execute and deliver the Deposit Agreement, to take any other actions deemed necessary or
appropriate to consummate the transactions provided for therein, and to cause the Contribution to
be made ;
1
strong roots • new growth 071618a HC BOC Page 80
FURTHER RESOLVED, that all actions heretofore taken by any of the Authorized
Representatives of the County of Harnett acting on behalf of the County of Harnett in
furtherance of the foregoing resolutions are hereby ratified, adopted, approved and confirmed in
all respects; and
FURTHER RESOLVED, that the Authorized Representatives of the County of Harnett acting on
behalf of the County of Harnett are hereby authorized to take all such other actions as they may
deem necessary or appropriate to give effect to the foregoing resolutions.
Duly adopted by the Harnett County Board of Commissioners this 16th day of July, 2018.
HARNETT COUNTY BOARD OF COMMISSIONERS
By: ___________________ _
Gordon Springle,
Chairman of the Board of Commissioners
Attest:
Margaret Regina Wheeler, Clerk
2
www.harnett.org 071618a HC BOC Page 81
Board Meeting
Agenda Item
Agenda Item __ 4-.:....;;...J _
MEETING DA TE: July 16, 2018
TO: HARNETT COUNTY BOARD OF COMMISSI ONERS
SUBJECT: Establishment of LEOSSA Trust
REQUESTED BY: Kimberly Honeycutt, Finance Officer
REQUEST:
In accordance with Governmental Finance Officers Association (GFOA) best practices, the
Hamett County Finance Officer request that the Board approve the attached agreement
establishing the Hamett County Law Enforcement Officer Special Seperation Allowance
(LEOSSA) Trust.
The trust will be a single employer trust established in accordance with Internal Revenue
Code section 115. Funding for the trust will be invested in the NC State Treasurer's
Ancillary Governmental Participant Investment Program (AGPIP).
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION :
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AGREEMENT ESTABLISHING
LAW ENFORCEMENT OFFICERS SPECIAL SEPARATION ALLOWANCE TRUST
This Trust Agreement is entered into as of the __ day of July, 2018 (hereinafter "Effective
Date"), by and between The County of Hamett, North Carolina (hereinafter the "Employer") and Paula
Stewart (the "Trustee");
RECITALS:
WHEREAS, the Employer wishes to establish a trust pursuant to Section 159-30.1 (b) of the
North Carolina General Statutes, to be known as the "Law Enforcement Officer Special Separation
Allowance Trust" (hereinafter the "Trust"), for the purpose of funding its obligation to provide post-
employment benefits other than pension benefits, as required to be reported under GASB 45;
WHEREAS, this Trust is established by the Employer with the intention that the Trust qualify as
an irrevocable tax-exempt trust performing an essential governmental function within the meaning of
Section 115 of the Code and the Regulations issued thereunder and as a tax-exempt trust under the
provisions of the applicable laws of the State of North Carolina; and
WHEREAS, Employer has appointed the Trustee as trustee of the Trust, and the Trustee has
accepted such appointment pursuant to the terms and conditions set forth in this Trust Agreement; and
NOW THEREFORE, for good and valuable consideration, the parties hereto agree as follows:
ARTICLE I
DEFINITIONS
1.1 "Assets" shall mean all contributions and transfers of assets received into the Trust on
behalf of the Employer, together with the income and earnings from such contributions
and transfers and any increments accruing to them, net of any investment losses, benefits,
expenses or other costs.
1.2 "Code" shall mean the Internal Revenue Code of 1986, as amended from time to time.
1.3 "Employer's Agent" shall mean an individual or entity appointed by the Employer to act
in such matters as are specified in the appointment.
1.4 "Effective Date" shall mean the date as of which the Trust is established, as set forth
above.
1.5 "Employer" shall mean the County of Harnett, North Carolina .
1.6 "GASB" shall mean the Governmental Accounting Standards Board.
1.7 "GASB 45" shall mean Statement Number 45 issued by GASB requiring public agencies
to report LEOSSA Obligations on their balance sheets effective after December 31, 2006.
1.8 "GASB 45 Investment Policy" shall mean the written investment policy for the Trust
which shall be adopted by the Employer and delivered to the Trustee.
1.9 "Investment Advisory Committee" shall mean a group of qualified private and public
sector employees selected by the Employer that will be responsible for establishing and
071618a HC BOC Page 83
maintaining broad policies and objectives for all aspects of the Trust investments. The
committee will review and approve the development or revision of all matters concerning
Trust investments. Investment matters addressed by the Investment Advisory Committee
shall be communicated to the Employer, and the Employer shall communicate in writing
to the Trustee any such investment matters necessary for the Trustee to fulfill its duties
hereunder.
1.10 "LEOSSA" shall mean "law enforcement officers special separation allowance".
1.11 "LEOSSA Obligation" shall mean an Employer's obligation to provide law enforcement
officer special separation allowance benefits to its "eligible employees" as specified in such
Employer 's written policies, the Plan and/or applicable collective bargaining agreements.
1.12 "Plan" shall mean Employer's LEOSSA Obligations and the Employer's satisfaction
thereof, to the extent of existing assets and future earnings of those assets.
1.13 "Plan Administrator" shall mean the individual designated by position of employment
at the Employer to act on its behalf in all matters relating to the Plan and Trust.
1.14 "Qualified Investments" shall mean all investments authorized under Section 159-30.1 (b)
of the North Carolina General Statutes, including the following:
(I) Obligations of the United States or obligations fully guaranteed both as to principal
and interest by the United States.
(2) Obligations of the Federal Financing Bank, the Federal Farm Credit Bank, the
Bank for Cooperatives, the Federal Intermediate Credit Bank, the Federal Land
Banks, the Federal Home Loan Banks, the Federal Home Loan Mortgage
Corporation, Fannie Mae, the Government National Mortgage Association, the
Federal Housing Administration , the Farmers Home Administration, the United
States Postal Service.
(3) Obligations of the State of North Carolina.
(4) Bonds and notes of any North Carolina local government or public authority, to
the extent permitted in Section 159.30(c)(4) of the North Carolina General
Statutes.
(5) Savings certificates issued by any savings and loan association organized under
the laws of the State of North Carolina or by any federal savings and loan
association having its principal office in North Carolina; provided, that any
principal amount of such certificate in excess of the amount insured by the federal
government or any agency thereof, or by a mutual deposit guaranty association
authorized by the Commissioner of Banks of the Department of Commerce of the
State of North Carolina, be fully collateralized.
(6) Prime quality commercial paper bearing the highest rating of at least one nationally
recognized rating service and not bearing a rating below the highest by any
nationally recognized rating service which rates of particular obligation.
(7) Bills of exchange or time drafts drawn on and accepted by a commercial bank and
071618a HC BOC Page 84
eligible for use as collateral by member banks in borrowing from a federal reserve
bank, provided that the accepting bank or its holding company is either (i)
incorporated in the State of North Carolina or (ii) has outstanding publicly held
obligations bearing the highest rating of at least one nationally recognized rating
service and not bearing a rating below the highest by any nationally recognized
rating service which rates the particular obligations.
(8) Participating shares in a mutual fund for local government investment; provided,
that the investments of the fund are limited to Qualified Investments hereunder,
and the fund is certified by the Local Government Commission. The Local
Government Commission shall have the authority to issue rules and regulations
concerning the establishment and qualifications of any mutual fund for local
government investment.
(9) A commingled investment pool established and administered by the State
Treasurer pursuant to Section 147-69.3 of the North Carolina General Statutes.
( 10) A commingled investment pool established by interlocal agreement by two or more
units of local government pursuant to Sections 160A-460 through 160A-464 of the
General Statutes of North Carolina, if the investments of the pool are limited to
those qualifying for investment under Section 159.30(c)(4) of the North Carolina
General Statutes.
(11) Evidences of ownership of, or fractional undivided interests in, future interest and
principal payments on either direct obligations of the United States government or
obligations the principal of and the interest on which are guaranteed by the United
States, which obligations are held by a bank or trust company organized and
existing under the laws of the United States or any state in the capacity of
custodian.
(12) Repurchase agreements with respect to either direct obligations of the United
States or obligations the principal of and the interest on which are guaranteed by
the United States if entered into with a broker or dealer, as defined by the Securities
Exchange Act of 1934, which is a dealer recognized as a primary dealer by a
Federal Reserve Bank, or any commercial bank, trust company or national banking
association, the deposits of which are insured by the Federal Deposit Insurance
Corporation or any successor thereof if:
(a) Such obligations that are subject to such repurchase agreement are
delivered (in physical or in book entry form) to the local government or
public authority, or any financial institution serving either as trustee for
the local government or public authority or as fiscal agent for the local
government or public authority or are supported by a safekeeping receipt
issued by a depository satisfactory to the local government or public
authority, provided that such repurchase agreement must provide that the
value of the underlying obligations shall be maintained at a current market
value, calculated at least daily , of not less than one hundred percent
(I 00%) of the repurchase price, and, provided further, that the financial
institution serving either as trustee or as fiscal agent for the local
government or public authority holding the obligations subject to the
071618a HC BOC Page 85
repurchase agreement hereunder or the depository issuing the safekeeping
receipt shall not be the provider of the repurchase agreement;
(b) A valid and perfected first security interest in the obligations which are the
subject of such repurchase agreement has been granted to the local
government or public authority or its assignee or book entry procedures,
conforming, to the extent practicable, with federal regulations and
satisfactory to the local government or public authority have been
established for the benefit of the local government or public authority or
its assignee ;
( c) Such securities are free and clear of any adverse third party claims; and
(d) Such repurchase agreement is in a form satisfactory to the local
government or public authority.
(13) In connection with funds subject to the arbitrage and rebate provisions of the Code,
participating shares in tax-exempt mutual funds, to the extent s uch participation,
in whole or in part, is not subject to such rebate provisions, and taxable mutual
funds, to the extent such fund provides services in connection with the calculation
of arbitrage rebate requirements under federal income tax law; provided, the
investments of any such fund are limited to those bearing one of the two highest
ratings of at least one nationally recognized rating service and not bearing a rating
below one of the two highest ratings by any nationally recognized rating service
which rates the particular fund.
(14) Investments of the State Treasurer authorized pursuant to Section I47-69.2(b4) of
the North Carolina General Statutes.
1.15 "Registered Investment Advisor" shall mean shall mean any Registered Investment
Advisor as defined by Securities and Exchange Commission regulations appointed by the
Employer or Plan Administrator who has entered into a consulting or management
agreement with the Employer for investing the Assets of the Trust.
2.1 Purpose
ARTICLE II
THE TRUST
The purpose of the Trust is to hold assets from which to satisfy the Employer's commitment
to provide post-employment benefits (other than pension benefits), as offered by the
Employer to its employees in accordance with the Employer 's policies and/or app licable
collective bargaining agreements.
071618a HC BOC Page 86
2.1 Trustee Accounting
The Trustee shall be responsible only for maintaining records and maintaining accounts for
the Assets of the Trust. The Employer shall be responsible for Plan-level accounting for
LEOSSA.
2.3 No Diversion of Assets
The Assets in the Trust shall be held in trust for the exclusive purpose of providing
LEOSSA to eligible employees of the Employer and defraying the reasonable
administrative and actuarial expenses of the Trust. The Assets in the Trust shall not be
used for or diverted to any other purpose, except as expressly provided herein.
2.4 Type and Nature of Trust
Neither the full faith and credit nor the taxing power of the Employer is pledged to the
distribution of benefits hereunder. Except for contributions and other amounts hereunder,
no other amounts are pledged to the distribution of benefits hereunder. Distributions of
benefits are neither general nor special obligations of any Employer, but are payable solely
from the Assets of the Trust, as more fully described herein. No employee of any Employer
or beneficiary may compel the exercise of the taxing power by any Employer.
Distributions of Assets under the Trust are not debts of any Employer within the meaning
of any constitutional or statutory limitation or restriction. Such distributions are not legal
or equitable pledges, charges, liens or encumbrances, upon any of the Employer's property,
or upon any of its income, receipts, or revenues, except amounts in the accounts which are ,
under the terms of the Plan and Trust set aside for distributions. Neither the members of
the governing body of the Employer nor its officers, employees, agents or volunteers are
liable hereunder.
ARTICLE III
ADMINISTRATIVE MATTERS
3.1 Certification to Trustee
The governing body of the Employer, or other duly authorized official, shall certify in
writing to the Trustee the names and specimen signatures of the Plan Administrator and
Employer 's Agent, if any, and all others authorized to act on behalf of the Employer whose
names and specimen signatures shall be kept accurate by the Employer acting through a
duly authorized official or governing body of the Employer. The Trustee shall have no
liability if it acts upon the direction of a Plan Administrator or the Employer's Agent that
has been duly authorized hereunder even if that the Plan Administrator or the Employer's
Agent is no longer authorized to act, unless the Employer has informed the Trustee of such
change in writing.
3.2 Removal of Trustee
The Employer may remove the T rustee. Such action must be in writing and delivered to
the Trustee by giving at least ninety (90) days ' prior written notice to the Trustee . Ninety
071618a HC BOC Page 87
(90) days' written notice shall not be required if the Trustee is terminated from office for
any reason. The successor to such office, including any interim successor, shall become a
successor Trustee immediately upon the assumption of such office without the need for
formal appointment. A successor Trustee shall not have any liability for any action or
omission by the Trustee prior to the date of assumption of such office.
3.3 Resignation of Trustee
The Trustee may resign as trustee of the Trust at any time by giving at least ninety (90)
days' prior written notice to the Employer and the Plan Administrator. The Employer's
appointment of a successor trustee to the Trust will vest the successor trustee with title to
the Assets of its Trust upon the successor trustee's acceptance of such appointment.
3.4 Plan Administrator
The governing body of the Employer shall have plenary authority for the administration
and investment of the Trust pursuant to applicable state law and applicable federal laws
and regulations. The Employer shall by resolution designate a Plan Administrator. Unless
otherwise specified in the instrument the Plan Administrator shall be deemed to have
authority to act on behalf of the Employer in all matters pertaining to the Trust. Such
appointment of a Plan Administrator shall be effective upon receipt and acknowledgment
by the Trustee and shall be effective until the Trustee is furnished with a resolution of the
Employer that the appointment has been modified or terminated.
3.5 Failure to Appoint Plan Administrator
If the Employer does not appoint a Plan Administrator, or if such appointment lapses, the
Employer shall be deemed to be the Plan Administrator.
3.6 Employer's Agent
The Plan Administrator, acting on behalf of the Employer, may delegate certain authority,
powers and duties to Employer's Agent to act in those matters specified in the delegation.
Any such delegation must be in writing that names and identifies the Employer's Agent,
states the effective date of the delegation, specifies the authority and duties delegated, is
executed by the Plan Administrator and is acknowledged in writing by the Employer's
Agent and certified as required in Section 3.1.
3.7 Notice
Effective notice hereunder shall be delivered via United States Mail or other reliable means
of delivery, including via telecopy, electronic mail or overnight delive ry service, to the
following:
EMPLOYER:
The County of Hamett
Post Office Box 759
Lillington, North Carolina 27546
071618a HC BOC Page 88
PLAN ADMINISTRATOR:
Kimberly A. Honeycutt
Finance Officer
Post Office Box 760
Lillington, North Carolina 27546
TRUSTEE:
Paula Stewart
County Manager
Post Office Box 759
Lillington, North Carolina 27546
ARTICLE IV
THE TRUSTEE
4.1 Powers and Duties of the Trustee
Except as otherwise provided in Article V, and subject to the provisions of Article VI, the
Trustee shall have full power and authority with respect to property held in the Trust to
perform all acts , take all proceedings, and exercise all rights and privileges, whether
specifically referred to or not in this document, as could be done, taken or exercised by the
absolute owner, including, without limitation, the following:
(a) To invest and reinvest the Assets or any part hereof in Qualified Investments
pursuant to this Trust and applicable state law.
(b) To place uninvested cash and cash awaiting distribution in any type of interest-
bearing account including, without limitation, time certificates of deposit or interest-
bearing accounts issued by a commercial bank or savings and loan association organized
under the laws of the State of North Carolina or having its principal office in North
Carolina;
(c) To borrow money for the purposes of the Trust from any source with or without
giving security; to pay interest; to issue promissory notes and to secure the repayment
thereof by pledging all or any part of the Assets;
( d) To take all of the following actions : to vote proxies of any stocks, bonds or other
securities; to give general or special proxies or powers of attorney with or without power
of substitution; to exercise any conversion privileges, subscription rights or other options,
and to make any payments incidental thereto; to consent to or otherwise participate in
corporate reorganizations or other changes affecting corporate securities and to delegate
discretionary powers and to pay any assessments or charges in connection therewith; and
generally to exercise any of the powers of an owner with respect to stocks, bonds, securities
or other property held in the Trust ;
071618a HC BOC Page 89
(e) To make, execute, acknowledge and deliver any and all documents of transfer and
conveyance and any and all other instruments that may be necessary or appropriate to carry
out the powers herein granted;
(h) To exercise all the further rights , powers, options and privileges granted, provided
for, or vested in trustees generally under applicable federal or state laws as amended from
time to time, it being intended that, except as herein otherwise provided, the powers
conferred upon the Trustee herein shall not be construed as being in limitation of any
authority conferred by law, but shall be construed as consistent or in addition thereto.
4.2 Additional Trustee Powers
In addition to the other powers enumerated above, the Trustee in any and all events is
authorized and empowered:
(a) To pay administrative fees as directed by the Plan Administrator;
(b) To invest funds pending required directions in a designated account as directed by the
Investment Advisory Committee or if there is no designated account, any type of interest-
bearing account including without limitation, time certificates of deposit or interest-bearing
accounts issued by a commercial bank or savings and loan association organized under the
laws of the State of North Carolina or having its principal office in North Carolina Trustee
or any affiliate thereof;
(c) To cause all or any part of the Trust to be held in the name of the Trustee (which
in such instance need not disclose its fiduciary capacity) or, as permitted by law, in the
name of any nominee, and to acquire for the Trust any investment in bearer form, but the
books and records of the Trust shall at all times show that all such investments are a part
of the Trust and the Trustee shall hold evidences of title to all such investments;
(d) To appoint a custodian with respect to the Trust Assets;
(e) To employ such agents and counsel as may be reasonably necessary in managing
and protecting the Assets and to pay them reasonable compensation from the Trust; to
employ any broker-dealer, including a broker-dealer affiliated with the Trustee, and pay to
such broker-dealer at the expense of the Trust, its standard commissions; to settle,
compromise or abandon all claims and demands in favor of or against the Trust; and to
charge any premium on bonds purchased at par value to the principal of the Trust without
amortization from the Trust, regardless of any law relating thereto;
(f) To abandon, compromise, contest, arbitrate or settle claims or demands; to
prosecute, compromise and defend lawsuits, but without obligation to do so, all at the risk
and expense of the Trust;
(g) To exercise and perform any and all of the other powers and duties specified in
this Trust Agreement or the Plan;
(h) T o permit such inspections of documents at the principal office of the Trustee as
are required by law, subpoena or demand by a United States agency;
(i) To comply with all requirements impo sed by applicable provisions of law;
071618a HC BOC Page 90
(j) To seek written instructions from the Plan Administrator or other fiduciary on any
matter and await their written instructions without incurring any liability. If at any time
the Plan Administrator or the fiduciary should fail to give directions to the Trustee, the
Trustee may act in the manner that in its discretion seems advisable under the
circumstances for carrying out the purposes of the Trust;
(k) To compensate such executive, consultant, actuarial, accounting, investment,
appraisal, administrative, clerical, secretarial, medical, custodial, depository and legal
firms, personnel and other employees or assistants as are engaged by the Plan
Administrator in connection with the administration of the Plan and to pay from the Trust
the necessary expenses of such firms, personnel and assistants, to the extent not paid by
the Plan Administrator;
(1) To act upon proper written directions of the Employer, Plan Administrator or
Employer 's Agent;
(m) To pay from the Trust the expenses reasonably incurred in the administration
thereof, as provided in the Plan;
(n) To hold uninvested reasonable amounts of cash whenever it is deemed advisable
to do so to facilitate disbursements or for other operational reasons,
(o) To have and to exercise such other additional powers as may be advisable for the
effective and economical administration of the Trust.
5.1 Trust Investments
ARTICLEV
INVESTMENTS
The Employer and the Investment Advisory Committee, if any, shall have responsibility to
select Qualified Investments for the Trust Assets. The Employer and the Investment
Advisory Committee, if any, may appoint a Registered Investment Advisor to the Trust by
executing a written consulting or management agreement with said Registered Investment
Advisor.
5.2 Trustee Fees
As may be agreed upon , in writing, between the Employer and Trustee , the Trustee will be
paid reasonable compensation for services rendered or reimbursed for expenses properly
and actually incurred in the performance of duties with respect to the Trust. The Trustee
shall be entitled to receive its fees and expenses when due directly from the Trust.
Notwithstanding the foregoing, any Trustee who is an employee of the Employer shall
receive no fee for service as a Trustee hereunder.
5 .3 Contributions
Eligible Employees may be permitted to make contributions to the Trust, subject to
approval of the Plan Administrator. The Plan Administrator shall, on behalf of the
Employer, make all contributions to the Trustee. Such contributions shall be in cash, unless
the Trustee agrees to accept a contribution that is not in cash. All contributions shall be
071618a HC BOC Page 91
paid to the Trustee for investment and reinvestment pursuant to the terms of this Trust
Agreement. The Trustee shall not have any duty to determine or inquire whether any
contributions to the Trust made to the Trustee by the Plan Administrator are in compliance
with the Employer's policies and/or collective bargaining agreements applicable state law,
nor shall the Trustee have any duty or authority to compute any amount to be paid to the
Trustee by the Plan Administrator; nor shall the Trustee be responsible for the collection
or adequacy of the contributions to meet the Employer 's LEOSSA Obligation, as may be
determined under GASB 45 . The contributions received by the Trustee from the Employer
shall be held and administered pursuant to the terms hereof without distinction between
income and principal.
5.4 Records
(a) The Trustee shall maintain accurate records and detailed accounts of all
investments, receipts , disbursements and other transactions hereunder. Such records shall
be available at all reasonable times for inspection by the Employer and Plan Administrator.
The Trustee shall, at the direction of the Plan Administrator, submit such valuations,
reports or other information as the Plan Administrator may reasonably require.
(b) The Assets of the Trust shall be valued at their fair market value on the date of
valuation, as determined by the Trustee based upon such sources of information as it may
deem reliable; provided, however, that the Plan Administrator shall instruct the Trustee as
to valuation of assets which are not readily determinable on an established market. The
Trustee may rely conclusively on such valuations provided by the Plan Administrator and
shall be indemnified and held harmless by the Employer with respect to such reliance. If
the Plan Administrator fails to provide such values, the Trustee may take whatever action
it deems reasonable, including employment of attorneys, appraisers or other professionals,
the expense of which will be an expense of administration of the Trust. Transactions in
the account involving such hard to value assets may be postponed until appropriate
valuations have been received and Trustee shall have no liability therefore.
5.5 Statements
(a) Periodically as specified, and within sixty (60) days after December 31, or the end
of the Trust's fiscal year if different, Trustee shall render to the Plan Administrator as
directed, a written account showing in reasonable summary the investments, receipts,
disbursements and other transactions engaged in by the Trustee during the preceding fiscal
year or period with respect to the Trust. Such account shall set forth the assets and
liabilities of the Trust valued as of the end of the accounting period.
(b) The Plan Administrator may approve such statements either by written notice or
by failure to express objections to such statements by written notice delivered to the Trustee
within ninety (90) days from the date the statement is delivered to the Plan Administrator.
Upon approval , the Trustee shall be released and discharged as to all matters and items set
forth in such statement as if such account had been settled and allowed by a decree from a
court of competent jurisdiction.
5 .6 Exclusive Benefit
The Assets of the Trust shall be held in trust for the exclusive purpose of providing
LEOSSA to the Eligible Employees of the Employer pursuant to the Employer's policies
071618a HC BOC Page 92
and/or applicable collective bargaining agreements , and defraying the reasonable expenses
associated with the providing of such benefits , and shall not be used for or diverted to any
other purpose.
ARTICLE VI
FIDUCIARY RESPONSIBILITIES
6.1 More Than One Fiduciary Capacity
Any one or more of the fiduciaries with respect to the Trust Agreement or the Trust may,
to the extent required thereby or as directed by the Plan Administrator pursuant to this Trust
Agreement, serve in more than one fiduciary capacity with respect to the Trust Agreement
and the Trust.
6 .2 Fiduciary Discharge of Duties
Except as otherwise provided by applicable law , each fiduciary shall discharge such
fiduciary 's duties with respect to the Trust Agreement and the Trust:
(a) solely in the interest of the Eligible Employees and for the exclusive purpose of
providing LEOSSA to Eligible Employees, and defraying reasonable administrative and
actuarial expenses associated with providing such benefits; and
(b) with the care, skill, prudence, and diligence under the circumstances then
prevailing that a prudent man acting in a like capacity and familiar with such matters would
use in the conduct of an enterprise of like character and with like aims .
6.3 Limitations on Fiduciary Responsibility
To the extent allowed by the state law applicable to this Trust Agreement:
(a) No fiduciary shall be liable with respect to a breach of fiduciary duty by any other
fiduciary if such breach was committed before such party became a fiduciary or after such
party ceased to be a fiduciary.
(b) No fiduciary shall be liable for a breach by another fiduciary except as provided
by law.
( c) No fiduciary shall be liable for carrying out a proper direction from another
fiduciary , including refraining from taking an action in the absence of a proper direction
from the other fiduciary possessing the authority and responsibility to make s uch a
direction, which direction the fiduciary in good faith believes to be authorized and
appropriate.
6 .4 Indemnification
The Trustee shall not be liabl e for, and the Employer shall indemnify, defend and hold the
T ru stee harmless from and against any claims, demands , loss , costs, expense or liability in
connection with this Trust Agreement, including reasonable attorneys' fees and costs
incurred by the Trustee, arising as a re sult of Employer's active or passive negligent act or
071618a HC BOC Page 93
omission or willful misconduct in the execution or performance of the Employer's duties
under this Trust Agreement.
In addition, the Trustee shall not be liable for, and Employer shall indemnify and hold the
Trustee harmless from and against any claims, demands, loss, costs, expense or liability
arising out of or in connection with this Trust Agreement, including reasonable attorneys '
fees and costs incurred by the Trustee, in the event that the Trust loses or fails to qualify
for tax exempt status under Section 115 of the Code and the Regulations issued or as a tax-
exempt trust under the provisions of North Carolina law, unless such results directly or
indirectly from the active or passive negligent act or omission of the Trustee or an
employee or agent thereof.
This section shall survive the termination of this Trust Agreement.
ARTICLE VII
AMENDMENT, TERMINATION AND MERGER
7.1 No Obligation to Continue Trust
Continuance of the Trust and continuation of the Employer's policies and/or applicable
collective bargaining agreements that provide LEOSSA are not assumed as a contractual
obligation of the Employer.
7.2 Amendments
(a) The Trust Agreement may only be amended or terminated as provided herein. The
Employer shall have the right to amend this Trust Agreement from time to time, and to
similarly amend or cancel any amendments. A copy of all amendments shall be delivered
to the Trustee and Plan Administrators promptly as each is made.
(b) Such amendments shall be set forth in an instrument in writing executed by the
Employer and the Trustee. Any amendment may be current, retroactive or prospective,
provided, however, that no amendment shall:
( 1) Cause the Assets of any Trust to be used for or diverted to purposes other
than for the exclusive benefit of Eligible Employees of the Employer or for the
purpose of defraying the reasonable expenses of administering such Trust.
(2) Have any retroactive effect so as to reduce the benefits of any Eligible
Employees as of the date the amendment is adopted, except that such changes may
be made as may be required to permit this Trust Agreement to meet the
requirements of applicable law.
(3) Change or modify the duties, powers or liabilities of the Trustee hereunder
without its consent.
7.3 Termination of the Plan
A termination of the Employer's obligation to provide LEOSSA pursuant to the
Employer 's policies and/or applicable collective bargaining agreements for which the Trust
was established shall not, in itself, effect a termination of the Trust. Upon any termination
071618a HC BOC Page 94
of the Employer's obligation to provide LEOSSA pursuant to the Employer's policies
and/or applicable collective bargaining agreements, the Assets of the Trust shall be
distributed by the Trustee when directed by the Plan Administrator. From and after the
date of such termination and until final distribution of the Assets the Trustee shall continue
to have all the powers provided herein as are necessary or expedient for the orderly
liquidation and distribution of such assets and the Trust shall continue until the Assets have
been completely distributed in accordance with the Employer's policies and/or applicable
collective bargaining agreements.
7 .4 Fund Recovery Based on Mistake of Fact
Except as hereinafter provided, the Assets of the Trust shall never inure to the benefit of
the Employer. The Assets shall be held for the exclusive purposes of providing post-
employment health care and welfare benefits to Eligible Employees and defraying
reasonable expenses of administering the Trust. However, in the case of a contribution
which is made by an Employer because of a mistake of fact, that portion of the contribution
relating to the mistake of fact ( exclusive of any earnings or losses attributable thereto) may
be returned to the Employer, provided such return occurs within two (2) years after
discovery by the Employer of the mistake. If any repayment is payable to the Employer,
then, as a condition precedent to such repayment, the Employer shall execute, acknowledge
and deliver to the Trustee its written undertaking, in a form satisfactory to the Trustee, to
indemnify, defend and hold the Trustee harmless from all claims, actions, demands or
liabilities arising in connection with such repayment.
7.5 Termination
The Trust may be terminated only by the Employer. Such action must be in writing and
delivered to the Trustee in accordance with the terms of this Trust Agreement.
8.1 Nonalienation
ARTICLE VIII
MISCELLANEOUS PROVISIONS
Eligible Employees do not have an interest in the Trust. Accordingly, the Trust shall not
in any way be liable to attachment, garnishment, assignment or other process, or be seized,
taken, appropriated or applied by any legal or equitable process, to pay any debt or liability
of an Eligible Employee or any other party. Trust Assets shall not be subject to the claims
of the Employer or the claims of its creditors.
8.2 Saving Clause
In the event any provision ofthis Trust Agreement and each Trust are held illegal or invalid
for any reason, said illegality or invalidity shall not affect the remaining parts of the Trust
Agreement and/or Trust, but this instrument shall be construed and enforced as if said
provision had never been included.
8.3 Applicable Law
This Trust Agreement shall be construed, administered and governed under the Code and
the law of the State of North Carolina. To the extent any of the provisions of this Trust
071618a HC BOC Page 95
Agreement are inconsistent with the Code or applicable state law, the provisions of the
Code or state law shall control. In the event, however, that any provision is susceptible to
more than one interpretation, such interpretation shall be given thereto as is consistent with
the Trust Agreement being a tax-exempt trust within the meaning of the Code.
8.4 Employment of Counsel
The Trustee may consult with legal counsel (who may be counsel for the Trustee or the
Employer) and charge the Trust. The Trustee shall be fully protected in relying on advice
of such counsel.
8.5 Gender and Number
Words used in the masculine, feminine or neuter gender shall each be deemed to refer to
the other whenever the context so requires; and words used in the singular or plural number
shall each be deemed to refer to the other whenever the context so requires .
8.6 Headings
Headings used in this Trust Agreement are inserted for convenience of reference only and
any conflict between such headings and the text shall be resolved in favor of the text.
8. 7 Counterparts
This Trust Agreement may be executed in an original and any number of counterparts by
the Employer and Trustee, each of which shall be deemed to be an original of the one
and the same instrument.
AGREED TO AND ACCEPTED this day of July, 2018.
TRUSTEE
By:.~~~~~~~~~~~~~~
Paula Stewart
Title: County Manager
EMPLOYER
COUNTY OF HARNETT,
NORTH CAROLINA
By:--------------
Gordon Springle
Title: Chairman
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Board Meeting
Agenda Item
Agenda Item __ 4-;....,.;K~-
MEETING DA TE: July 16, 2018
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Parks and Recreation Advisory Committee
REQUESTED BY: Carl Davis, Parks and Recreation Director
REQUEST:
Parks and Recreation requests adoption of bylaws for the newly created Parks and Recreation
Advisory Committee. The Committee shall represent the interests of the citizens of Harnett
County by providing guidance for Hamett County Parks and Recreation in planning for
future needs and trends in the area of recreation, as well as for the promotion of parks,
facilities , and events. The Committee will serve as a liaison between the citizens of Hamett
County, County staff, and the Board of Commissioners.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
C :\Users\gwheeler\App Data \Local\Microsoft\ Windows\INetCache\Conte nt. O ut look\ TPTEQCL V\agendaform20 18 _ ad visor
ycommitteeby laws.docx Page I of l 071618a HC BOC Page 97
\ arne t
COUNTY
NORTH CAROLINA
PARKS AND RECREATION ADVISORY COMMITTEE BY-LAWS
ARTICLE I-NAME
The Harnett County Parks and Recreation Advisory Committee hereinafter referred to as "the
Committee".
ARTICLE 11-MISSION STATEMENT
The Committee shall represent the interests of the citizens of Harnett County by providing
guidance for Harnett County Parks & Recreation in planning for future needs and trends in the
area of recreation, as well as for the promotion of parks, facilities and events . The Committee
will also serve as a liaison between the citizens of Harnett County, County staff, and the Harnett
County Board of Commiss ioners.
ARTCLE 111-SCOPE OF WORK
The Committee shall consult with and serve in an advisory capacity to County staff and the
Harnett County Board of Commissione rs in matters affecting recreation and special events
throughout the County. This includes the planning, promotion and marketing, committee
membership and other activities related to programs and events. The Committee shall provide
input for the long-range planning of resources towards park projects, acquisition of land, and
other indoor/outdoor recreational activities. The Committee shall review, participate in the
creation of and monitor progress related to park planning documents in related to proposals for
parks sites and greenway construction in and around Harnett County. The Committee shall
review existing park sites with Harnett County and provide recommendations on future
development, consider ing such factors as park usage, safety and equipment. Comm ittee
membership is designed to include representation from all segments of Harnett County's
population , and as such, the Committee shall consider the best interests of all of Harnett
County's residents, cu r rent and future, in making recommendations related to recreation.
Recommendations submitted by the Committee sha ll require final approval by the Parks and
Recreation staff and the County Board of Commissioners .
ARTICLE IV-MEMBERSHIP
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The Committee consists of nine residents of Harnett County who will be selected by Parks and
Recreation staff based on a submitted application . The Committee shall consist of one member
from each of the five voting districts with the remainder being chosen at large. Members of the
Committee shall be broadly rep resentative of all areas of the County with an interest in and a
willingness to be supportive of the goals of the Committee . Parks and Recreation staff members
shall serve as liaisons to the Committee. Committee Members will serve three-year terms and
may serve up to two consecutive terms. If a vacancy shall occur on the Committee, the position
shall be filled by application to Parks and Recreation staff.
All Committee members should make an effort to attend all meetings and make fai r and just
decisions . The Committee shall aid the Department in interpreting the objectives of the
Department's programs to the public.
ARTICLE V -ATTENDANCE
Any member who is absent for three consecutive regular meetings without leave, unless such
abse n ce is made necessary by sickness or other similar causes, or fails to be present for at least
75% of regularly schedules meetings each calendar yea r shall be subject to removal from
membership. When possible, members should notify Parks & Recreation staff regarding
planned absences.
All Committee members are required to attend a Committee orientation session upon
appointment to the Committee and with follow-up orientation sessions requ ired every three
years . Committee members are asked to participate at least 2 hours monthly in the following
areas :
i. Attend regular meetings.
ii. Attend openings and events associated with the Department
iii. Serve on subcommittees as needed .
iv. Serve as liaisons to other groups and committees as advocates for the
Department.
ARTICLE VI- COMM ITTEE OFFICERS AND DUTIES
A Chair and Vice-Chai r shall be elected by the Committee. The officers shall be elected by the
Committee at the regular January meeting. Te r ms for officers shall be for one year.
The Cha ir shall se t the agenda with pri or i nput from the Parks and Recrea t ion staff and shall
preside at all meetings. The Vice-Chair shall assume the duties of the Chair in his or her
absence . A staff member w ill serve as Secretary for t he Committee and take meeting notes,
prepare minutes, and notify Committee members and the publ ic of all meetings.
071618a HC BOC Page 99
Any member may request the Chair to place an item on the agenda. If the Chair should
decline to place a requested item on the agenda, a member may have such item placed on the
agenda by submitting it in writing to the Chair with supporting signatures of three members.
Any officer elected by the Committee may be removed for just cause by the Harnett County
Board of Commissioners or by a majority of the Committee members at any regular or special
meeting of the Committee.
ARTICLE VII-COMMITTEE MEETINGS
Regular Committee meetings shall be held the second Tuesday of every other month in January,
March, May, July, September, and November at 6 PM, and shall be held in Conference Room A
of the Harnett County Administration Building. In the event Conference Room A of the Harnett
County Administration Building is unavailable, the meeting shall be held at such other
designated place with a minimum 48-hour public notice from County staff. These meetings
shall be open to the public. A quorum is reached when a majority of the members are present.
A quorum must be met before any action of official nature can be taken. Staff members are
considered non-voting ex officio positions.
Special meetings may be called by the Chair, Parks and Recreation staff, or upon written
request from a majority of the body with a minimum 48-hour public notice from County staff.
The deliberations of all meetings of the Committee and its various sub-committees shall be
governed by Robert's Rule of Order, Newly Revised.
All meetings, both regular and special, may be canceled by giving reasonable notice to each
Committee member and by posting a Notice of Cancellation at the place of the meeting.
ARTICLE VIII -VOTING
Each Committee member, including the Chair, shall be entitled to one vote. No member shall
vote by proxy. All final actions, positions, or recommendations shall require the favorable vote
of a majority of those members present at a duly called meeting.
Committee members may register their abstention on any vote which shall be reflected in the
minutes, and members shall abstain on matters which would pose for them any conflicts of
interests.
ARTICLE IX-SUB-COMMITTEES
The Chair may appoint such committees, standing or special, as may be authorized by the
Committee. The Chair and Parks and Recreation Director or designee shall be ex-officio
members of all committees and, as such, be notified of all meetings.
ARTICLE X-ADOPTION ANO AMENDMENTS
071618a HC BOC Page 100
These bylaws are adopted by a majority vote of the Harnett County Board of Comm i ss i oners.
Amendments to these bylaws shall be made by the Harnett County Board of Commissioner s or
through written proposal of the Committee to the Board of Commissioners.
Adopted this __ day of -..J 2018.
Gordon Spri ngle, Chairman
Gina Wheeler, Clerk
071618a HC BOC Page 101
Coun t y of Harne tt
Harnett
COUNTY
Par ks and Recreat ion Advisory Comm ittee
Application
rm~ fit u fiO~H,A
Name of Applicant: ----------------------------
Address:-------------------------------
Voting District: (Please check district number in which you live):
D District 1, Commissioner McKay
D District 2, Commissioner Elmore
0 District 3, Commissioner Penny
D District 4, Commissioner Springle
D District 5, Commissioner Miller
Email Addre ss: ____________________________ _
Home Phone :------------
Current Employer:-----------
Work Phone :------------
Job Title:-------------
Are you currently serving on a County Board/Committee?----------------
If yes, wh ich Board?----------------------------
Three Personal Re f erences {Include address and phone number)
l . _________________________________ _
2 .. _________________________________ _
3 . _________________________________ _
Please provide a brief discus sion on why you are interested in serving .
071618a HC BOC Page 102
List any experience/qualification you have relevant to serving on this committee.
List any current volunteer activities in which you are involved .
Signature of Applicant Date
FOR OFFICE USE ONLY :
DATE RECEIVED:----------------------------
DATE REVIEWED : ___________________________ _
DATE FORWARDED TO COUNTY COMMISSIONERS : ________________ _
071618a HC BOC Page 103
Board Meeting
Agenda Item
Agenda Item __ 4;...·;;;.L _
MEETING DATE: July 16, 2018
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT : Waiver Of Unpaid Dental Cost
REQUESTED BY: HR
REQUEST:
HR is requesting the amount owed from Medicare Retiree 1 of $144 .10 ( 10 months) and
Medicare Retiree 2 of $138.32 (8 months), a total of $282.42, to be waived.
The two Medicare Retirees were incorrectly charged a percentage cost of their Dental, as
they had been charged before Medicare age based on years of service. As a retiree with
Medicare Hamett County does not pay any part of the dental, as Medicare Retirees are given
a supplemental reimbursement ofup to $200 depending on their years of service. Both of the
retirees are eligible for this reimbursement, however they have not requested any
reimbursment as they have their supplemental through the State or Tri-Care.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
C:\User s\mhouse\Desktop\BOC Agenda Item .docx P age I of I 071618a HC BOC Page 104
Board Meeting
Agenda Item
Agenda Item __ 4.;...-...... M __
MEETING DATE: July 16, 2018
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Harnett Regional Jetport-Fixed Base Operator/Airport Management-
General Services (GS)
REQUESTED BY: Barry A. Blevins
REQUEST:
General Services Director requests the Board of Commissioners (BOC) approve the Airport
Management (FBO) Selection Committee's recommendation for the management of Harnett
Regional Jetport for the next five (5) years. The recommended respondent is Warren
Investment Company of NC. The Director also requests the BOC to direct the County
Manager/GS Director to begin contract negotiations with Warren Investment Company of
NC . Contract price requested from respondent is $138,500 per annum.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
C :\Users\gwheeler\AppData\Local\Microsoft\ Windows\lNetCache\Content.Outlook\TPTEQCL V\Agenda Req ue st Warren
Inve stment Co of NC 16 July 20 18.docx Page I of2 071618a HC BOC Page 105
HARNElT REGIONAL JETPORT
Airport Manager Contract
Interview Committee Recommendation
Committee Members:
o Howard Penny-County Commissioner
o Joseph Jeffries -Lillington, Town Manager
o Jason M. Gipe -Campbell University, Asst. Vice President for Institutional Advancement
Observer/ Technical Assistant:
o Barry Blevins, Airport Administrator
• Respondents:
o Southeastern Aviation -Interviewed on June 7, 2018
o Warren Aviation -Interviewed on June 20 , 2018
• Committee Recommendation for Contract: Final Recommendation -Howard Penny & Joseph
Jeffries -
o Mr. Gipe was unable to attend/vote interview due to personal appointment.
o Warren Aviation: Elements
• Enlarged Fuel Customer Base
• Effort to remain lowest fuel prices in region
• Plan to Purchase 2nd Rental Plane
• Positive Relationship with Campbell University (Sports teams -use large
Aircraft)
• Suggested County priorities: 1) Apron 2) Hangars 3) Terminal 4) Runway
• Suggested priorities in line with Commissioner, NCDOT, Airport Committee &
Airport Admin's Priorities
• Past performance indicates future success
• Airport In pivotal transition period -no justification for switching to new
manager when positive relationship exists, previous success, clear
understanding of economic development and terminal expansion
• Good fit for transitioning into county takeover of operations following contract
termination -5 years
o Warren Aviation seeking increase in contract price per year -$138,500/year
Airport Administrator is seeking guidance and direction to begin contract negotiations with Committee
Recommended respondent -Warren Aviation. Anticipate commissioner contract approval in August
2018.
071618a HC BOC Page 106
Board Meeting
Agenda Item
Agenda Item =--4-=--..:..N=---
MEETING DATE: July 16, 2018
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Public Utilities Writeoffs for 2nd Quarter of 2018
REQUESTED BY: Steve Ward, Director
REQUEST:
Enclosed are the delinquent accounts determined to be at write-off status for the second
quarter of 2018. All of these accounts have been delinquent for more than three years and
total $24,264.42. The facilitation of these write-offs is an important step in a continuing
effort to effectively manage our collections and bad debt. HCDPU is currently using the
Local Government Debt Setoff Program and On-Line Collections, Inc. to help collect our
delinquent accounts . We are happy to report that we have recovered over $663,000 in bad
debt previously written off through the Debt Seto ff Program. Please place this request on the
consent agend a at the next available meeting.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
\\hcfi le I \Puu sers\s ward\My Documents\coll ecti on s\wri teoffs 2 nd-qtr 2018.docx
I of I
Page
071618a HC BOC Page 107
NAME
AGLIANO , JESSICA J
ALLAN , SCOTT
ALLEN , DONT AE
ANDERSON , MICHAEL
ARCHIE , JAMES
ARMSTRONG,TYREKA
ARNOLD , JEFFREY
ATKINSON , TENISH RENEE
BAILEY, JESSICA
BARNHILL, SHERRY
BARRETT, KAYLA D
BATES, SHAWN
BELL, MAURICE LAMONT
BELL, THOMAS
BLACKMON, HILDA
BOADA-TORRES, CRISTINA
BROGDON , ROSA I
BUIE, DANIEL M
BUNKER, LEON
BURKE , AUSTIN RAY
BYRD, DARRIN SHANE
CALDWELL, WESLEY
CALVERT, WANONA
CAMPBELL BBQ INC
CANNON , SHANNA
CAPSHAW, SHANNON
CAVENAUGH, JUSTIN
CHANCE ,KENDRALAFAYE
CHERBONNEAU,ANGELA
CHEW, WAYNE
COOK, DALES
COOKINGHAM , DAVID
COTTO VEGA, CRUZ MARIA
CRAWN, CHERI
CRIDER, DUSTIN
CROSS, CHARITY
CUMMINGS , BARRY
D'ANDRIA, MICHELE
DARDEN , DAMON A
DECOSTE, SPENCER D
DEJESUS , TAYMIE SILVA
DIXON, CHRIS LEE
DUFF, CHRIS
HARNETT COUNTY DEPT OF PUBLIC UTILITIES
QUARTERLY DELINQUENT WRITE OFFS
JUNE 2015
ACCOUNT# NOTES
192363-66629
188957 -65964
192815-682
184393-22855
17369-58218 FORECLOSURE
188869-68149
194203-41704
193483-43073
177635-79299
193299-4167 4
1787 49-68816 RET BILL
187061-82224 FORECLOSURE
186017-36662 RET BILL
176851-60574
15 7761-59352
82681-80197
57879-51620 FORECLOSURE
161129-60940 RET BILL
83833-79243 FORECLOSURE
188931-5413
35367-39993 FORECLOSURE
113497-46404 FORECLOSURE
120839-66182
178243-84117
169839-41618
148989-43535
175937-730 RET BILL
193995-52843
161237-50869
91105-62870
36769-21288
168881-87825
181499-8272
193175-3367
186159-51273
190757-6328
77791-63962
188973-4484
102701 -83402 FORECLOSURE
193683-3231
84027-23417
45861-32358
150321 -26486
DUYMOND ESTATE , PATRICK 101387-23412 FORECLOSURE
EMMONS, RYAN 16464 7 -4485
ESCOBAR , WENDY 166733-50544
FARMVIEW MHP LLC 124683-4486 FORECLOSURE
FARMVIEW MHP LLC 124683-4503 FORECLOSURE
FERGUSON , JEREMY 181655-7102 1
Pag e 1
BALANCE TO
WRITE-OFF
$77 .39
$66.00
$84.50
$18.45
$234.52
$226.42
$14.02
$88.47
$47.72
$60.98
$18 .34
$592.71
$139.52
$94.80
$33.50
$12.00
$86.68
$290.52
$693.00
$86.70
$1,958.59
$206.63
$396 .94
$80.22
$73.54
$14.25
$18.50
$85.39
$41 .00
$73.32
$422.45
$24.88
$206 .68
$34 .17
$133.30
$13.31
$92 .65
$108.28
$74.00
$112 .65
$161.42
$76.39
$223 .42
$357.22
$256 .10
$69 .50
$121 .86
$201 .00
$14 .05
071618a HC BOC Page 108
NAME
FERRELL, CHRISTOPHER
FULGHUM, CURTIS WAYNE
FULLER , JARMONTE M
GALARZA, CARRIE
GAMBLE, LUKETIA
GARCIA, EVELIA NUNEZ
GERMAN ESTATE, DANIEL
GIDDENS , JAMES K
GLYNN.PERCY
GOODE, PRINCESS
GRUNDY, MY'QUITA S
HALE , CHRISTOPHER
HALE , TYRE
HAMIL TON , ROBERT N
HARGROVE , SHAQUINE
HARRIS , TELLIE
HART, JOHNATHAN O'NEIL
HARVEY, SYLVIA
HAYES, IRIS S
HAYES, JOSEPH
HAYNES , LUCINDA
HENDERSON , KAYLA
HERBERT, JULIA B
HICKS , CHAD
HILLIARD , TINA
HODGE, DAKOTA LEE
HOLMES , LARRY
HUEMPFNER , SAMANTHA L
HURLEY, TRISHA NICOLE
HUZZY, FARRAH
INMAN, MELISSA JOANN
JACKSON , XAVIER
JOHNSON , HATTIE L
JOHNSON , LANCE
KAJA HOLDING S 2 LLC
KELLIHER , CATHERINE
KILLOUGH , DUSTIN
KING , DEMETRICE
LAMBERT, HEATHER
LESLIE , JOHN
LEWIS , SAVANNAH
LIGHTNER Ill , EARL H
LILLY, ARIANA M
LINDSEY, ERIKA
LOGAN, ANTOINE
LOVELL, BRETT
MANGROO , SEAN
MANGUM , DAWN
MARKS , ROLAND
HARNETT COUNTY DEPT OF PUBLIC UTILITIES
QUARTERLY DELINQUENT WRITE OFFS
JUNE 2015
ACCOUNT# NOTES
182211-56808
62303-67251 BANKRUPT
193117-1725?
111209-54113
187959-16478
193503-6640
55977-51330 FORECLOSURE
191957-19564 FORECLOSURE
184201-23415
187603-74601
181841-45953
188757-78677
172079-4238
36397-17137
130021-1220
34519-9041
175815-70379
164495-3429
128383-983
17 4679-48162
191261-73342
181551-5273
91395-38073
160503-76780 FORECLOSURE
172809-41457
192671-71724
82575-65266
195011-43129
145359-83656
164163-66863
138189-70392
171487 -59040
6889-60124 FORECLOSURE
193275-23660
194371-7143
99421-9222 FORECLOSURE
195677-76206
191985-17755
193747-19054
184427-554 79
184143-23116
192935-7 4 3 88
190673-48700
192909-37076 BANKRUPT
183143-74347
18764 7-84469
152475-23700
138381-73429
156545-8 16 06 FORECLOSURE
Page2
BALANCE TO
WRITE-OFF
$23.56
$99.48
$39 .84
$35.79
$26 .65
$79 .30
$195.76
$427.00
$88 .13
$3,072.76
$34.37
$105.45
$48 .74
$45.50
$183.81
$182.87
$169.29
$55 .36
$47.50
$46 .56
$173.88
$38 .31
$641 .50
$388.50
$64 .91
$125.23
$24 .00
$9.20
$172.87
$160.88
$50.74
$11.14
$184.72
$217.61
$37 .00
$111.00
$177.3 5
$223.3 8
$72 .20
$43 .69
$55 .25
$20 .37
$30.31
$317 .67
$53.69
$40.00
$90.84
$72.50
$444 .00
071618a HC BOC Page 109
HARNETT COUNTY DEPT OF PUBLIC UTILITIES
QUARTERLY DELINQUENT WRITE OFFS
JUNE 2015
NAME ACCOUNT# NOTES
MARQUEZ, LUIS 133473-43067
MCGUIRE , DOMINIQUE A 190633-23758 BANKRUPT
MCKOY, SHARON 125923-35808
MCNEILL, ANTONETTE S 181445-72570
MCRAE, XAVIER 187 461-5040
MEYERS JR , DONALD R 196033-71540
MJR BUSINESS CENTER LLC 194067-74015
MOONEY, KENNETH L 149035-56613
NEVINS , DAVID 189045-5109
NORRIS, KERRIE 192517-18843
NORTHROP, RICHARD JAMES 161963-3699
OVERBEY, MADISON 184971-63428
OXENDINE, KESHA 188191-67447
PANTANO.ANTHONY 193881-77835
PARISH, KRISTOPHER 142123-26054
PEREZ, DAMIEN N 99463-81250
PEREZ, MARIA 81051-68468
PRICE, DOMINIQUE 192619-49764
PRICE , ROBERT 176387-68642
PROULX , BRIAN 141197-80042
PULLUM , JERRY 67715-23520
RAGLAND , JOSEPH JERMAINE 193039-39569
RAINES , DAVID L 100449-17030
REAVES , MICHAEL J 141965-7698
REDDING , CHRISTOPHER 122369-68850 RET BILL
ROBERTS , TIM 18167 5-82726
ROBINSON , JAMES 188991-6587
ROLLINS, ROBERT 172023-79251
SALAMEH, LANEE 190763-11320
SAN JUAN, FABIOLA GOMEZ 162701-19931
SANDERS , CYNTHIA D 177563-73439
SCHRADER, STEPHANIE 192433-164 77
SHARKEY, SARAH 186723-35819
SHIELDS , LATANYA VERBAL 188835-2357 4
SIMPSON , CARLA 25335-48799 RET BILL
SINCORE, ERIC 185263-86270
SMITH , MARY EVELYN 46761-34222
SMITH , MICHAEL 171057-38190
SMITH , TRACY 163317-70791
SORRELL, PAULA 16049-65909 FORECLOSURE
STANCIL EST, MAJOR 20757-56475
STEPHENS, ATIRA 192431-70788
STEWART, DIANNE 192397-55856
STEWART, DIANNE 191387-43462
STEWART, DR MELANIE 9515-44534
STURDIVANT, NICKEY 177945-5352
SULLIVAN , DONALD 164799-9208
SUTTON , CHRISTINE 1214 79-43668
TAYLOR , JASON 136661-68446
TEHANDON ,STEVEN 177243-41 319
Page 3
BALANCE TO
WRITE-OFF
$96.81
$112 .84
$77.59
$146.16
$55.25
$18.50
$83.30
$108.27
$108.22
$112.05
$45.57
$47.50
$99.60
$473 .07
$244.39
$228 .00
$58.88
$57.93
$93.72
$25.59
$359.47
$31 .36
$71 .27
$129 .77
$242 .50
$10.61
$141.45
$191.65
$60 .79
$90 .38
$46 .28
$45 .64
$220.45
$41 .00
$440.90
$22 .00
$36.02
$57.75
$14.82
$205.32
$13.82
$62.37
$39.98
$22.17
$7.43
$161 .21
$56.35
$50.87
$12.2 4
$1 5.50
071618a HC BOC Page 110
NAME
THOMAS , INGRID
TREJO, ELISEA SANDOVAL
UKO , PEACE ALPHONSUS
VANCLEAVE .DEBRA
VEGA, EMMANUEL
VINSON , DONNA G
WAITE, ALEXIS
WALKER , MICHAEL
WALKER , TYRONE PIERRE
WALKER , VICTORIA
WELZ, CRAIG
WHITE, BETTY S
HARNETT COUNTY DEPT OF PUBLIC UTILITIES
QUARTERLY DELINQUENT WRITE OFFS
JUNE 2015
ACCOUNT# NOTES
25039-24879 FORECLOSURE
148867-37937
188771-56715 RET BILL
193063-20298
187821-5098
85013-3688
195833-53905
162905-46729
193187-43659
193501-4495
59315-3333
190211-75649
TOTAL
Page4
BALANCE TO
WRITE-OFF
$111 .00
$62.77
$113.75
$75.06
$49.42
$7 1.47
$40.02
$74.36
$268 .87
$142 .68
$60.50
$321.50
$24,264.42
071618a HC BOC Page 111
Board Meeting
Agenda Item
Agenda Item 4-0 -_...;;-=--
MEETING DA TE: July 16, 2018
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Fee Schedule Amendment/Correction
REQUESTED BY: Development Services/ Mark Locklear
REQUEST:
Development Services requests approval to put back into the FY 2018 /19 Development
Services Fee Schedule the Sheathing Inspection in the amount of $50.00, which was deleted
m error.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
C:\Users\gwheeler\AppData\Local\Microsoft\ Windows\lNetCache\Content.Outlook\TPTEQCL V\Fe e Schedule Change-
Sheathin g.doc Page I of2 071618a HC BOC Page 112
RESIDENTIAL
Electrical
Mechanical
Manuf Home
Plumbing
Insulation
Miscellaneous
Harnett County Planning Services
Central Permitting Fee Schedule
Description
All other / Minimum Electrical
200Amps
> 200 Amps
Residental Solar Panels
Any mechanical unit without Electrical
All other I Minimum Mechanical
Up to 2 unit replacement (includes electrical)
More than 2 unit (includes electrical )
Travel Trailer (RV)
Singlewide Mobile Home
Doublewide Mobile Home
Triplewide Mobile Home
Minimum Plumbing <= 2 fixtures
Water tap
Sewer tap
Residential Plumbing >2 <= 6 fixtures
Insulation
Home Owners Recovery Fund
Day Care and Group Home Inspections
Demolition (Residential & Commercial)
(may require asbestos report)
Reinspection . 1 thru 9 violations , per trip
Reinspection . 10 or more violations , per trip
P lan Review (Residential)
Plan Review (Commercial)
Plan Review (Industrial)
Mail in Fee per application or Replacement perm it
Expired permits 6 months to 2 years
Expired permits over 2 years :
Full cost of approved fee schedule
Swimming pools (inground only)
Residential attached and detached garage, storage buildings
(Building Permit Only) -All trades to be purchased at same time
0 to 500 sq .ft.
501 to 1200 sq.ft .
1201 to 2000 sq .ft.
2001 > more sq.ft.
Residential additions, Renovation, and fire damage renovation
(Building Permit includes Trades)
1200 to 2000 sq . ft.
2001 to > more sq. Ft.
07/01/2017
Fees are subject to change
Fee
$ 60.00
$ 80.00
$ 90.00
$ 80.00
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
75.00
60.00
90.00
110.00
125.00
150.00
200.00
225.00
50 .00
40.00
50.00
100.00
55 .00
10.00
100.00
75.00
50 .00
75.00
25.00
50.00
100.00
3.00
150.00
100.00
100.00
175.00
250.00
325.00
700.00
805.00
071618a HC BOC Page 113
Harnett County Planning Services
Centra l Permitting Fee Schedule
Description
07/01/2017
Fees are subject to change
Fee
Environmental Septic Tank -Existing/Reinspection
New Soil Analysis/Improvement Permit
$ 100 .00
$ 750 .00
Fire Marshal
Public Utility
Land Use
Return Trip Fee (not properly marked)/Revision
Plan Review -Food & Lodging
Plan Review -Pool
New Well
Plans up to 5000 Sq Ft
Plan 5001 to 10000 Sq Ft
Plan 10001 to 25000 Sq Ft
Plans > 25000 Sq Ft
Foster Homes Inspection
Final Inspection
$ 25 .00
$ 200 .00
$ 300.00
$ 250.00
$
$
$
$
$
$
50.00
100.00
150 .00
250 .00
Fire Alarm Testing + $2.00 per device $
25.00
50.00
35.00
35.00 Fixed Fire Suppression
Installation & Removal TK/EA TK
Pipes/ UST/ AGST
+ $2.00 per nozzle $
$
$
Sprinkler Cert. Test + $2.00 per head $
100.00
100.00
35.00
50.00
50.00
Standpipes
Special Assembly
Meter Cost 3/4 "
Meter Cost 1"
Set Up/Transfer Fee
Sewer Capacity Fee
Sewer Buies Creek/CTY
Sewer Riverside/Bunnlevel-Erwin
Water Capacity Fee
Water Tap 3/4"
Water Tap 1"
Water Tap 2"
Sprinkler Tap
Water or Sewer Deposit, per utility
Land Use Permit
Land Use Permit Renewal
Planning Site Plan Review Minor (Nonresidential )
Planning Site Plan Review Neighborhood (Nonresidential )
Planning Site Plan Review Community (Nonresidential)
Planning Site Plan Review Regional (Nonresidential)
Site Plan Revision
Planning Sign Ground
Planning Sign Wall
Planning Sign Renewal
Planning Billboard Review
$
$
$
$
$
$
$
$
$
$
$
$
$
$
70 .00
195.00
15.00
1 ,800.00
950.00
2.500.00
1 ,200.00
800.00
1,150.00
2,500.00
300.00
25.00
$ 25.00
$ 75.00
$ 100 .00
$ 250.00
$ 400 .00
$ 1,200 .00
$ 40 .00
$ 50.00
$1 .00/sq.ft.
$ 100 .00
Refer to Commerical
Building Permits fees
071618a HC BOC Page 114
Harnett County Planning Services
Central Permitting Fee Schedule
Residential Building Fee Schedule
Description by dimension per square feet (heated & garage)
Fee includes building, electrical, plumbing. mechanical, insulation & t.s.p. permit .
1,000 to 1,500 sq .ft.
1,501 to 2 ,000 sq.ft.
2,001 to 2 ,500 sq.ft.
2 ,501 to 3 ,000 sq.ft.
3.001 to 3,500 sq.ft.
3 ,501 to 4 ,000 sq.ft.
4 ,001 to 4 ,500 sq.ft.
4 ,501 to 5 ,000 sq .ft.
> 5,001 sq.ft. $1 ,390 + additional fee
Modular Home (Fee includes electrical, plumbing, mechanical)
Modular classroom, Sales Office Trailer
Moved House or Building (Fee includes electrical, plumbing, mechanical)
Harnett County Board Of Education Classroom Huts
Single Room
Two Rooms
Three or more
Please note there are additional fee requirements for additions or renovations
to Modular Home or Moved House set ups .
!Commercial, Industrial and Multi-Family Fee Schedule
07/01/2017
Fees are subject to change
Fee
$ 600.00
$ 700.00
$ 805.00
$ 940.00
$ 1,045.00
S 1,200.00
$ 1,290.00
$ 1 ,390.00
.20 x sq.ft. = fee
$
$
$
$
$
$
375.00
125.00
375.00
100.00
200.00
300.00
Fee is for each trade & is separate from the total cost of the project
Description
Up to $2,500
$2,501 -$25,000
$25,001 -$50,000
$50,001 -$100,000
$100,001 -$200,000
$200,001 -$350,000
$350,001 -$500,000
$500,001 -$750,000
$750,001 -$1,000,000
Fees> $6330.00 = plus .002 of each added million dollars, or portion there of.
$
$
$
$
$
$
$
$
$
Fee
160.00
300.00
500 .00
905 .00
1,710.00
2 ,915.00
3,820.00
5,075 .00
6 ,330.00
Ex . 2,000,000 total cost : 2,000,000 -1,000,000 = 1,000,000 X .002 = 2,000 + 6,330 = 8,330 total
permit fee
Commercial Modular Unit (any size) plus each trade cost
Specialized Inspections (in addition to traditional permits)
Sheathing & roof framing inspection
Each T-pole $
$
Same day plumbing under slab I slab inspections
Same day re-inspections of violations
$
$
$
60.00
375.00
50.00
50.00
50.00
IP/ease note that all Building pennits are double the cost on work done without pennits. (after the fact)
071618a HC BOC Page 115
Agenda Item __ 4_-P __
f.iiiiirJ~:-i Harnett
COUNTY
RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS
AMENDING TO THREE PERCENT (3%) THE HARNETT COUNTY
DISTRICT H OCCUPANCY TAX
THAT WHEREAS, the North Carolina General Assembly passed Session Law 2017-202,
which created Harnett County District H as a taxing district and authorized the Harnett County
Board of Commissioners to levy a tax of up to six percent ( 6%) of the gross receipts derived
from the rental of any room, lodging, or accommodation furnished by a hotel, motel, inn, tourist
camp, or similar place within the district that is subject to sales tax imposed by the State under
G.S. 105-164.4(a)(3); and
WHEREAS, following a public hearing on December 18, 201 7, the Harnett County Board of
Commissioners adopted a Resolution on March 5, 2018, levying a six percent (6%) room
occupancy tax within Harnett County District H effective May 1, 2018; and
www.harnett.org
WHEREAS, following adoption of the March 5, 2018 "RESOLUTION BY THE HARNETT
COUNTY BOARD OF COMMISSIONERS LEVYING A SIX PERCENT (6%) ROOM
OCCUPANCY TAX WITHIN HARNETT COUNTY DISTRICT H," the Harnett County Board
of Commissioners met with the hoteliers responsible for collecting the occupancy tax who
voiced concerns that a six percent (6%) room occupancy tax would be detrimental to their
business; and
WHEREAS, the March 5, 2018 Resolution stated that the Harnett County Board of
Commissioners may by resolution amend or repeal the levy of the room occupancy tax, but no
repeal or amendment shall become effective until the end of the fiscal year in which the
resolution was adopted. Repeal or amendment of a room occupancy tax does not effect a liability
for a tax that was attached before the effective date of the repeal or amendment, nor does it effect
a right to a refund of a tax that accrued before the effective date of the repeal or amendment; and
WHEREAS, the Harnett County Board of Commissioners voted unanimously during their June
18 , 2018 meeting to amend the Harnett County District H occupancy tax levy to three percent
(3%); and
NOW THEREFORE BE IT RESOLVED that the Harnett County Board of Commissioners
hereby amends the March 5, 2018, "RESOLUTION BY THE HARNETT COUNTY BOARD
OF COMMISSIONERS LEVYING A SIX PERCENT (6%) ROOM OCCUPANCY TAX
WITHIN HARNETT COUNTY DISTRICT H" to levy a three percent (3%) room occupancy tax
effective July 1, 2018; and
strong roots • new growth 071618a HC BOC Page 116
BE FURTHER RESOLVED that this Resolution does not amend or repeal any other provision
of the March 5, 2018 "RESOLUTION BY THE HARNETT COUNTY BOARD OF
COMMISSIONERS LEVYING A SIX PERCENT (6%) ROOM OCCUPANCY TAX WITHIN
HARNETT COUNTY DISTRICT H" enacted by the Harnett County Board of Commissioners.
Adopted this 16th day of July 2018 .
HARNETT COUNTY BOARD OF COMMISSIONERS
Gordon Springle, Chairman
ATTEST:
Margaret Regina Wheeler, Clerk to the Board
www.harnett.org 071618a HC BOC Page 117
Board Meeting
Agenda Item
Agenda Item __ 4-=-·..::9:i..-...;
MEETING DATE: July 16, 2018
TO : HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: LEASE AGREEMENT BETWEEN THE COUNTY OF HARNETT AND
LUCKNOW PROPERTIES LLC
REQUESTED BY: Administration
REQUEST:
Administration requests approval of an agreement between the County of Hamett and
Lucknow Properties LLC to lease the property at 107 East Broad Street, Dunn, for the
purpose of housing Hamett County Probation/Parole, for which the County is statutorily
required to provide space. The initial term of the lease will be three years beginning on
August 1, 2018 , with the option to renew for three additional one-year terms . The cost of the
lease for the initial term will be $3,900 per month.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
C :\Users\gwheeler\AppData\Local\Microsoft\ Windows\INetCache\Conten tOutl ook\TPTEQCL V\20 18.07. I 6 Probation
Lease Agend a Req uest.docx Page I of2
071618a HC BOC Page 118
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
LEASE AGREEMENT
THIS LEASE AGREEMENT ("Lease"), dated August I, 2018, is made by and between
LUCKNOW PROPERTIES LLC, a North Carolina Limited Liability Company organized and
existingunderthe laws of the State of North Carolina with an address of P .O. Box 1165, Dunn,
N.C. 28334 ("LESSOR"), and the COUNTY OF HARNETT with an address of 420 Mc.Kinney
Parkway (PO Box 759), Lillington , NC 27546 ("LESSEE").
WITNESSETH:
That for and in consideration of the rents, covenants and agreements hereinafter set forth, to
be kept and performed by the LESSEE, the LESSOR does hereby lease and rent unto the LESSEE,
for the term hereinafter specified, that property as hereinafter described.
TO HA VE AND TO HOLD the said lands and premises together with all privileges and
appurtenances thereunto belonging to the LESSOR located on the leased premises, for the term
hereinafter stated and upon the following conditions:
I. Premises: As used herein, the premises shall be located at 107 East Broad Street,
Dunn, NC 28334 (hereinafter referred to as the "Premises").
2. Term: This Lease shall be for an initial term of THREE Years (3) beginning on
August 1, 2018 and shall expire at 11 :59 p .m. eastern standard time on July 31, 2021.
3 . Rental:
A. Rent during the initial term shall be as follows :
Year One: $3 ,900.00 per month
Year Two: $3,900.00 per month
Year Three: $3 ,900.00 per month
The LESSEE shall pay all monthly rentals to the LE SSOR without notice or demand on or before the
15th day of each and every month. Rent payments not received by the 15th day of the month shall be
considered late and LESSEE shall be in default of this lease resulting in a forfeiture thereof.
071618a HC BOC Page 119
LESSOR may elect to accept late rent payments however in such event; LESSEE shall be required
to pay a late fee in the amount of I 5%ofthe rent due. Rental payments shall be made atthe address
of LESSOR as heretofore noted.
B. Simultaneous with the execution of this Lease, LESSEE has deposited with LESSOR
an advance security deposit in the amount of $3,900.00, equal to one month's rent (hereinafter the
"Security Deposit"). The Security Deposit shall be held by LESSOR as security for the faithful
performance by LESSEE of all LESSEE's obligations under this Lease. The Security Deposit shall
not bear interest. The Security Deposit shall not be mortgaged, assigned, transferred or encumbered
by LESSEE without the consent of LESSOR, and any such act on the part of LESSEE shall be without
force and effect and shall not be binding upon LESSOR. If any Rent or additional amount set forth
within this Lease shall be overdue and unpaid, or if LESSEE shall fail to observe or perform any of
its obligations under this Lease, then LESSOR may, at its option and without prejudice to any other
remedy which LESSOR may have on account thereof, appropriate and apply said entire Security
Deposit or so much thereof as may be necessary to compensate LESSOR in respect of the payment
of Rent or additional amount set forth within this Lease or damage sustained by LESSOR due to such
breach on the part of LESSEE; and LESSEE shall forthwith upon demand restore said Security
Deposit to the original sum deposited and failure to do so shall be considered a default under this
Lease. Should LESSEE comply with all of its obligations under this Lease and promptly pay all of
the Rent and additional amounts due and owing under this Lease, the balance of the Security Deposit
shall be returned in full to LESSEE at the end of the lease period after delivery of possession of the
Premises to LESSOR in accordance with the terms of this Lease. In the event of bankruptcy or other
creditor-debtor proceedings by or against LESSEE, the Security Deposit and all other securities shall
be deemed to be applied first to the payment of Rent and additional amounts owed under this Lease
for all periods prior to the filing of such proceedings.
4. Option to Renew:
A. Provided LESSEE shall not then be in default under the terms of this Lease beyond any
applicable grace or cure period, the LESSEE shall have the right to extend the term of this Lease for
THREE additional ONE-YEAR TERMS upon the same terms and conditions as set forth in this
Lease. To exercise its right to renew, LESSEE shall, no later than 90 days before the expiration date
of the current term, give LESSOR written notice ofits intent to renew. Upon exercise of these options
to renew for the additional one-year terms, the parties agree that the rental rate for the renewal
term shall be negotiated by the parties in good faith and that such renewal rental rate shall be
agreed upon no later than 60 days before the expiration date of the current term. If the parties are
unable to agree upon a renewal rental rate, then the Lease shall terminate at the expiration of the
then current term.
B. The parties agree that should LESSEE fail to exercise its options to renew as set forth
above, any subsequent occupancy by LESSEE beyond the initial term or any renewal term as
provided for herein in which rent is tendered and accepted by LESSOR shall constitute a month to
month tenancy under the same terms as the held-over lease.
C. Should LESSEE decide to extend this Lease for the additional three one-year terms,
LESSEE shall have the first right of refusal to extend the lease further provided the LESSOR
2 071618a HC BOC Page 120
elects to continue leasing the Premises and parties can reach agreement on new monthly rental
rates. It is the intent of this provision that LESSOR shall not lease the Premises to a third party,
other than_ any entity owned solely by the LESSOR or by one of the principal owners of the
LESSOR, without first having offered the property in writing to the LESSEE for the same rental
price as offered to the third party. LESSEE shall then, within l O days of receipt of LESSOR'S
offer, notify LESSOR in writing as to whether it intends to exercise its right herein.
5. Condition of the Property:
A. LESSOR agrees to deliver possession of the Premises in a state of ordinary repair
AS IS. LESSOR agrees to be responsible for the general maintenance of the Premises including,
but not limited to, the roof, flooring, stairs, HV AC, electrical, fire extinguishers, windows, pest
control, plumbing, parking areas, landscaping,exterior and interior walls not installed or placed
by LESSEE, sidewalks, and foundation. LESSOR shall not be responsible for damages beyond
normal wear and tear caused by the carelessness, misuse, neglect, or intentional act of LESSEE,
its employees, guests, invitees, and agents. LESSEE, at its own expense, agrees to be
responsible for repairs and maintenance of any improvements, fixtures and equipment installed
by LESSEE and general janitorial duties for the Premises and LESSEE shall be responsible for
all maintenance and repair of damages caused by the carelessness, misuse, neglect or intentional
acts of LESSEE, its employees, guests, invitees and agents. LESSOR shall take all reasonable
measures to make repairs for HV AC, plumbing, electrical, or other conditions that threaten the
health or safety of LESSEE's employees, guests, invitees, or agents within 24 hours of
LESSEE's notice. All other repairs shall be performed within a reasonable amount of time of
LESSEE's notice. In the event LESSOR, after notice in writing from LESSEE in regard to a
specified condition, fail, refuse, or neglect to correct said condition, or in the event of an
emergency constituting a hazard to the health or safety of LESSEE's employees, guests,
invitees, or agents, it shall be lawful for LESSEE, in addition to any other remedy the LESSEE
may have, to make such repair at its own cost and to invoice the LESSOR for the cost of such
repair and LESSOR shall pay such invoice if the maintenance or repair is an obligation of the
LESSOR under this Lease.
B. LESSEE, at its own expense, may place or install upon the Premises such
improvements, fixtures and equipment as shall be reasonably necessary for the conduct of its
business thereon. The parties agree that any permanent improvement, alterations, or fixtures placed
on the Premises by LESSEE shall, at the expiration or termination of this Lease, be deemed part of
the realty and shall not be removed by LESSEE.
6. Regulatory Compliance: LESSEE shall obey and comply with all lawful
requirements, rules, regulations, and ordinances of all legally constituted authorities, Federal, State,
and local, governing the use of the leased premises by LESSEE, including but not limited to the
Occupational Safety and Health Act (OSHA), and Americans With Disabilities Act (ADA). LESSEE
is solely responsible at its own expense for obtaining any licenses, permits, or applications,
necessary for the operation of LESSEE's business on the Premises.
7. Taxes & Utilities: During the term of this Lease, LESSOR shall pay all of the City
of Dunn and County of Harnett ad valorem real property taxes and assessments assessed or imposed
3 071618a HC BOC Page 121
upon the Premises. If LESSOR fails to pay when due any taxes affecting the Premises, LESSEE
shall have the right, but not the obligation, to pay such taxes and deduct the full amount of the taxes
paid by LESSEE on LESSOR ' s behalf from future installments of rent. LESSEE shall be
responsible for paying all utilities including electric, gas, water, telephone, and/or otherwise as the
case may be.
8. Indemnification of LESSOR: The LESSEE agrees to indemnify, defend, and to
save harmless LESSOR against and from any and all claims by or on behalf of any person, tum, or
corporation arising by reason of injury or loss oflife, to person and injury to property occurring on
or in the Premises occasioned in whole or in part by any negligent or reckless or intentional acts or
omissions on the part of LESSEE, its officers, agents, employees (whether or not acting within the
scope of employment), invitees , licensees, or other persons using said Premises for the benefit of
LESSEE, or by reason of any unlawful use of the Premises ..
9 . Indemnification of LESSEE: LESSOR agrees to indemnify, defend, and to save
harmless LESSEE against and from all claims or demands, liabilities, damages, or costs for
damages to persons or property arising out of or resulting from the negligent or reckless or
intentional acts or omissions of LESSOR, its officers, agents, employees, invitees, guests, licensees,
or other persons (whether or not acting within the scope of employment) arising from or pertaining
to the Premises.
10. Insurance: During the term of this Lease, LESSEE agrees that it shall maintain
public liability insurance in an amount of no less than ONE MILLION DOLLARS ($1,000,000.00)
single limits. LESSEE agrees to name LESSOR as an additional insured in such policy. In the event
LESSEE fails to keep and maintain the liability insurance required hereunder, LESSOR may
purchase the said insurance and add the premiums to the next month's rent and the failure of
LESSEE to pay the said premiums when due shall be considered a default and forfeiture of this
Lease. LESSEE agrees to provide proof of general liability insurance on the premises paid in
advance for the entire term of this lease. LESSEE shall also insure its interests in its office furniture,
equipment, supplies, machinery, inventory, and other property owned by LESSEE against all loss
or damage by fire, windstorm or other casualty. LESSOR shall also maintain general liability
insurance coverage in an amount ofno less than ONE MILLION DOLLARS ($1,000 ,000.00) per
occurrence and TWO MILLION DOLLARS ($2,000,000.00) in aggregate coverage. LESSOR
shall provide proof of such insurance to LESSEE.
11. Other Insurance: In addition to the insurance required in paragraph nine above,
LESSEE agrees to provide such worker's compensation insurance and employee liability insurance
as is otherwise required by law.
12. Covenantto Repair: If the Premises is damaged by fire or other casualty, and if
such damage is not occasioned by the fault or ordinary negligence of LESSEE, its officers, agents,
employees, invitees orotherpersons using said premises for the benefit ofLESSEE, LESSOR shall
repair the damage with reasonable dispatch and if said damage has rendered the Premises wholly
or partially unleaseable, the rent shall be apportioned until the damage is repaired. If however, the
damages as described under the circumstances of this paragraph exceed one-half the total value of
the Premises, LESSOR shall have no duty to repair and this Lease shall terminate and the rent shall
be apportioned to the time of the damage.
4 071618a HC BOC Page 122
13. Parking: LESSEE acknowledges that there are accompanying parking spaces running
with this Lease.
14. Sales on the Property: LESSEE agreesnottoallowanysolicitation on the Premises.
15. Signs: LESSEE is permitted to place, or display on any exterior door, wall,
or window of the Premises, a sign that can be easily removed to advertise its business provided the
LESSEE obtains the prior written consent of LESSOR, which consent shall not be unreasonably
withheld. LES SEE agrees that any such signs placed on a door, wall, or window shall not be painted
but shall be in the form of a decal or other easily removable form. The LESSEE is responsible for
removing all signs and displays upon termination of this Lease. All signs shall be in compliance
with The Dunn City Code.
l 6. Default:
A . By LESSEE: If LESSEE shall fail or neglect to do or perform any matter or thing herein
agreed to be done and performed by it and shall remain in default thereof for a period of 30 days after
written notice from LESSOR calling attention to such default, LESSOR may declare this Lease
terminated and take immediate possession of said Premises without prejudice to any other legal remedy
it may have on account of such default provided, however that in the event of a default due to failure to
pay rent when due, LESSOR shall not be required to provide any notice, written or otherwise, of default
such that LESSEE 's failure to pay rent by the 15th day of each month shall result in an automatic
forfeiture entitling LESSOR to immediate possession of the Premises. Should LESSEE be declared
bankrupt or make an assignment for the benefit of creditors, a default shall be deemed to exist in this
Lease and LESSOR may declare the Lease void and shall have the right of immediate possession without
further notice to LESSEE.
B . By LESSOR: If LESSOR shall fail or neglect to do or perform any matter or thing
herein agreed to be done and performed by it and shall remain in default thereof for a period of 30 days
after written notice from LESSEE calling attention to such default, LESSEE may declare this Lease
terminated and may vacate the Premises immediately. Where such default cannot be reasonably cured
within 30 days, LESSOR shall not be deemed in default under this Lease if Lessor commences to cure
such default within said 30 days and thereafter diligently pursues such cure to completion.
Notwithstanding the foregoing, in no event shall LESSOR's right to cure exceed 90 days after notice of
default unless consented to in writing by LESSEE. ln the event of termination for default by LESSOR,
rent shall be apportioned to the time LESSEE vacates the Premises.
17. Subordination -Attornment: This Lease shall be deemed subject and subordinate
to any mortgage or deed of trust which may heretofore or hereafter be executed by LESSOR
covering the Premises, unless the mortgagee requests that this Lease be superior to its mortgage. In
the event any proceedings are brought for foreclosure of any mortgage on the Premises, LESSEE
will attom to the purchaser at the foreclosure sale and recognize such purchaser as LESSOR,
provided such purchaser agrees not to disturb L ESSEE's possession so long as LESSEE is not in
default under the terms of this Lease. LESSEE shall execute within five days of receipt of
LESSOR's written request, instruments evidencing the subordinate position of this Lease, and as
5
071618a HC BOC Page 123
often as reasonably requested shall sign estoppel certificates setting forth the following : the date
LESSEE accepted possession; that LESSEE occupies the Premises; the expiration date of this
Lease ; the date to which rent has been paid; the amount of rent then in effect; that, if true , this Lease
is in full force and effect and unmodified except as shown in modifications or other agreements
attached to the instrument; and whether or not LESSEE has knowledge of any default or breach by
LESSOR. LESSEE agrees to give LESSOR's mortgagee notice of and a reasonable opportunity to
cure any LESSOR default, and to accept such cure if effected by LESSOR's mortgagee, and agrees
to permit such mortgagee (or the purchaser at any foreclosure sale) on acquiring title to become
substitute LESSOR.
18 . Non-Appropriation: LESSOR acknowledges that LESSEE is a governmental
entity and the validity of this Lease is based upon the availability of public funding under the
authority of its statutory mandate. In the event that public funds are not available and not
appropriated for the performance of LESSEE's obligations under this Lease, then this Lease shall
automatically expire without penalty to LESSEE 30 days after written notice to LESSOR of the
non-appropriation of public funds. In the event of termination of this Lease due to non-appropriation
of funds , LESSEE shall pay rent for all periods until LESSEE has vacated the Premises and returned
the Premises to its original condition , normal wear and tear excepted.
19 . Right of Access: During the initial or any renewal term of this Lease, LESSOR
or its representatives shall have the right, after reasonable notice to LESSEE, to enter upon and
inspect the premises at any time during regular business hours.
20. Choice of Law and Venue: T he parties agree that this document sha11 be
construed under the laws o f the State ofNorth Carolina. Any action or proceeding arising under
this Lease shall be filed and heard in the Superior Court of Harnett County.
21. Quiet Enioyment & Title: LESSEE, upon complying with all terms of this
Lease shall quietly have and enjoy the Premises during the term of this Lease . LESSOR
covenants that they are in legal possession of the Premises and has full right to lease the same for
the aforesaid term .
22. Severability & Construction: The parties agree that should any provision o f
this Lease be deemed void at law, then the remaining provisions sh a ll survive and this Lease
will remain in full force and effect. It is agreed that this Lease will be construed under the laws
of the State ofNorthCarolina.
23. Assignment & Subletting: LESS EE shall not sell, assign, pledge nor sublease
the Premises without the prior written consent of LESSOR. LESSOR is under no o bligation to
authorize the same.
24 . Waiver: In the event that either party fai ls to enforce any obligation of the ot her
party under this Lease when performance is due, such de lay or failure to enforce shall not constitute
a waiver of its righ t to seek full performance at any future time.
6
071618a HC BOC Page 124
25. Successors: This Lease shall be binding upon and inure to the benefit of the parties
hereto and their successors and/or assigns, if any such successors and/or assigns are permitted by
this Lease.
26. Entire Agreement: This Lease contains the entire agreement between the parties
and shall not be modified in any manner except by an instrument in writing and executed by both
parties to this Lease.
27. Notices: Any notice, report, statement, approval, consent, designation, demand,
or request to be given, and any election to be exercised by a party under the provisions of this
Lease shall be deemed to be given and received three days when made in writing and sent by
United States certified or registered mail, postage prepaid, to the other party at the applicable
address set forth below:
LESSOR:
LESSEE:
LUCKNOW PROPERTIES LL~
Post Office Box 1165
Dunn, North Carolina 28334
With a copy to:
P. Tilghman Pope
POPE LAW GROUP, P.A.
Post Office Box 928
Dunn, North Carolina 28335
COUNTY OF HARNETT
Paula Stewart
County Manager
Post Office Box 759
Lillington, North Carolina 27546
With copy to:
Monica L. Jackson
Senior County Staff Attorney
Post Office Box 238
Lillington, North Carolina 27546
7
071618a HC BOC Page 125
IN WITNESS WHEREOF, LESSOR and L ESS EE have hereunto set their hands and
seal on this Lease A g r e ement the day and y e ar first abo ve written.
LESSOR:
LUCKNOW PROPERTIES LLC,
By: _________ (SEAL)
J. Dal Snipes, Manager
STATE OF NORTH CAROLINA
COUNTY OF -------
LESSEE:
COUNTY OF HARNETT
By: (SEAL)
Paula Stewart, County Manager
I, a Notary Public of the County and State aforesaid, do
hereby certify that Paula Stewart personally appeared before me this day and acknowledged the
due execution of the foregoing instrument.
Witness my hand and official stamp or seal, this __ day of
2018.
Notary Public
My Commission Expires :
[S E AL]
-----
8
--------
071618a HC BOC Page 126
STATE OF NORTH CAROLINA
COUNTY OF ______ _
I, a Notary Public of the County and State
aforesaid, do hereby certify that J . Dal Snipes personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
Witness my hand and official stamp or seal, this __ day of _______ _
2018.
Notary Public
My Commission Expires: ____ _
[SEAL]
9 071618a HC BOC Page 127
Board Meeting
Agenda Item
Agenda Item _ __.;4;_..;-R..c.-_
MEETING DA TE: July 16, 2018
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Request for New Positions
REQUESTED BY: Paula Stewart, Harnett County Manager
REQUEST:
Hamett County Manager Paula Stewart requests approval of two Assistant County Manager
positions at Grade 36.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
C:\Users\gwh eeler\A pp Da ta\Loca l\M icrosoft \ Windows\lNetCache\Con te nt.Outl ook\T PT EQ CL V\BOC Agend a Req form 7-
16 -1 8 .docx Page I of I 071618a HC BOC Page 128
AGENDA ITEM 6
July 16, 2018 APPOINTMENTS NEEDED
ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE
There are five (6) vacancies on this committee.
AGRICULTURE ADVISORY BOARD
LD Black and Dudley Langdon would like to be reappointed to serve on this board.
BOARD OF HEALTH
There is a vacancy on this board for an engineer position.
HARNETT COUNTY AIRPORT COMMITTEE
There is one (I) vacancy for a member representing District 5 on this committee.
We will need a member representing District I appointed December 2018.
HARNETT COUNTY BOARD OF ADJUSTMENT
There are two (2) vacancies for alternate members representing District 3 & 5.
HARNETT COUNTY COUNCIL FOR WOMEN
There are three (3) vacancies on this council.
HARNETT COUNTY DISTRICT H TOURISM AUTHORITY
There are three (3) Business/Tourism vacancies on this board.
HARNETT COUNTY PUBLIC LIBRARY BOARD
There is one ( 1) vacancy on this board.
HOME AND COMMUNITY CARE BLOCK GRANT COMMITTEE
There are three (3) vacancies on this committee.
MID-CAROLINA AGING ADVISORY COMMITTEE
There is one (1) vacancies on this committee.
NURSING HOME COMMUNITY ADVISORY COMMITTEE
There is one ( 1) vacancy on this board.
Page 1 -Appointments
071618a HC BOC Page 129
SANDHILLS CENTER FOR MHDDSAS
Commissioner Joe Miller would like to be rea :pointed to serve a three year term . (letter
attached).
Page 2 -A ppointments
071618a HC BOC Page 130
SANDHILLS CENTER
Managing Mental Health , lntellectual/Deve ,opmental Disabilities and Substance Abuse Services
910-673-9111 (FAX) 910-673-6202 www.sandhillscenter.org Victoria Whitt, CEO
'?~c·J::!,., ,I~ ',
June 13, 2018 JfJN /9 ~()
.1.,. ,.1-t c:1 r. 20f8 .. _.,,,e:1,,1:t-,., &ft C Chair Gordon Springle
Harnett County Commissioners
PO Box 759
Lillington, NC 27546
Dear Chair Springle:
'lie,., o1..1,,
s o"'.1Y lee
According to our records, Commissioner Joe Miller was appointed to fill the unexpired
term of Commissioner Barbara McKoy on the Sandhills Center Board of Directors which
will expire September 2018. Please note that he is eligible, upon the expiration of this
term, to be appointed to his first three year term.
Reappointment by the Harnett County Commissioners is required in order to continue
serving on the Sandhills Center Board of Directors.
Thank you for your assistance. If I can provide you with any additional information, or if
you would like to discuss this matter, please feel free to contact me.
Sincerely,
Ltk-
Victoria Whitt
Chief Executive Officer
VW/spb
cc: Commissioner Joe Miller
Commissioner Thad Ussery, Chairman, Sandhills Center Board of Directors
Gina Wheeler, Clerk to the Board of Commissioners
P.O. Box 9, West End, NC 27376
24 -Hour Access to Care Line : 1-800-256-2452
TIY: 1-866-5 18-6778 or 711
Serving Anson, Guilford, Harnett, Hoke, Lee, Montgom ery,
Moore, Ran dolph & Richmond co untie s
,,,.--, ,,,.--...... ,,,.--, ~ urac \ t urac ' : urac)
~) ~} ~ .....
071618a HC BOC Page 131
Board Meeting
Agenda Item
Agenda Item ___ 7 __
MEETING DA TE: July 16, 2018
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: HCDPU Ordinance Revision Approval
REQUESTED BY: Steve Ward, HCDPU Director
REQUEST:
This is a formal request to revise the HCDPU Water and Sewer Ordinance to accommodate
recent legislation passed by the General Assembly. The legislation amends when system
development fees can be collected for subdivisions. The revised ordinance is attached for
your review.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
C:\Users\gwheeler\AppData\Local\Microso ft\ Windows \INetCache\Content.Outloo k\T PTEQC L V\Agend a Request to
Ame nd Public Utilities Ordinance for FY 2018-19.doc Page I of I 071618a HC BOC Page 132
Harr,ett
COUNTY
ORTH CA.ROLI A..
DEPARTMENT OF PUBLIC UTILITIES
WATER AND SEWER ORDINANCE
July 16 , 2018
071618a HC BOC Page 133
HARNETT COUNTY
DEPARTMENT OF PUBLIC UTILITIES
WATER AND SEWER ORDINANCE
BOARD OF COUNTY COMMISSIONERS
Gordon Springle -Chairman
Howard Penny -Vice Chair
Joe Miller
Abe Elmore
Barbara McKoy
COUNTY OFFICIALS
Paula Stewart, County Manager
Steve Ward, Director of Public Utilities
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TABLE OF CONTENTS
Section 1. Authority 4
Section 2. Definitions 4
Section 3. Water Laterals and Tap-On 8
Section 4. Connection To Be Made By HCDPU Only Upon Application 8
Section 5. Application for Connection 8
Section 6. Disapproval of Application 9
Section 7. Separate Water and Sewer connections and Meters Required 9
Section 8. Connections and Meters to Remain Property of HCDPU 10
Section 9. Maintenance of Meters and Connections 10
Section 10 . Connection To Other Supply and Cross-Connection Control 10
Section 11 . When Water Meters Read 13
Section 12. Adjustment of Overcharges 13
Section 13 . Meter Tests 14
Section 14. Bulk Water Usage 14
Section 15. Tampering with Meters and Stopcocks 14
Section 16 . No Guarantee of Quality, Quantity of Pressure of Water Supply 15
Section 17 . Protection of Water Supply 15
Section 18. Repealing Clause 15
Section 19. Procedures 15
Section 20. Initial of Minimum Charge 16
Section 21 . HCDPU's Responsibility and Liability 17
Section 22. Consumer's Responsibility 17
Section 23 . Access To Premises 18
Section 24. Change of Occupancy 19
Section 25 . Suspension of Service 19
Section 26. Complaints -Adjustments 20
Section 27. Classifications, Rates, Fees, and Charges 21
Section 28 . Connection to Existing Systems 24
Section 29.1 Water and Sewer Extension in New Developments 24
Section 29 .2 Acquisition of Easements for Developers in County Participation Projects 28
Section 29 .3 Extension of Water and Sewer Lines Within County 30
Section 29.4 Extensions Outside of County 31
Section 29.5 Extension Made by Other than HCDPU Personnel 32
Section 29.6 Observation by HCDPU of Work Done by Others 32
Section 29. 7 Dedication of Water and Sewer Line Extensions 33
Section 30 Delinquent Service Fees 33
Section 31. Sprinkler Connections 33
Section 32 . Provision for Cut-Off Valve 34
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AN ORDINANCE REGULATING THE USE OF WATER AND SEWER FACILITIES
OPERATED BY THE HARNETT COUNTY DEPARTMENT OF PUBLIC UTILITIES
FIXING RENTS , RATES, FEES AND OTHER CHARGES AND PROVIDING FOR
COLLECTION OF SAME.
BE IT ORDAINED BY THE COUNTY BOARD OF COMMISSIONERS OF HARNETT
COUNTY.
Section l. Authority.
This ordinance is adopted pursuant to North Carolina General Statutes l 53A-275, 162A-85 .5
and 162A Article 6 for the purpose of providing adequate and reasonable rules and regulations to
protect and regulate water supply and distribution systems and sewer collection systems owned
or operated by HCDPU. The ordinance is also adopted pursuant to North Carolina General
Statutes 153A-277, 162A-85.13, 162A-88, 162A-92 and 162A Article 8 for the purpose of
establishing a schedule of rents, rates , fees , charges and penalties for the use of and services
furnished by water supply and distribution systems and sewer collection systems owned or
operated by HCDPU.
Section 2. Definitions.
Air-Gap Separation is an unobstructed vertical distance through the atmosphere between
the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture ,
or other device and the flood level rim of the receptacle.
Auxiliary Intake is any piping connection or other device whereby water may be secured
from a source other than the public water supply.
Backflow is any flow of water into the public water supply form any other source due to
a cross-connection, auxiliary intake, interconnection, backpressure, backsiphonage, any
combination thereof, or other cause.
Backpressure is any pressure on any source of water other than the public water supply
which may be greater than the pressure on the public water supply and may result in a
backflow.
Backflow Prevention Device is an approved effective dev ice method used to prevent
backflow from occurring in the potable water supply. The type of device shall be based
on degree of hazard, existing or potential.
Backsiphonage is any circumstance in which the pressure on the public water supply may
be reduced to the point that the elevation and atmospheric pressure on a source of water
other than the public water supply may result in a pressure to be greater than the pressure
on the public water supply and may result in a back flow.
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Building is a structure as defined in Volume VII, One and Two Families, and Volum e I,
General Construction, of the NC State Building Code.
Confinement Device is a backflow prevention device that is installed within a private
plumbing or distribution system to isolate a localized hazard from the remainder of said
system.
Connection is that part of the water service line which runs from the main to the property
line , including all appurtenances to make the service complete and ready for use.
Contractor A person or entity, licensed by the State of North Carolina Licensing Board,
under contract to the Developer to perform the construction of water and sewer
infrastructure of the Development.
Consumer is the person legally or equitably responsible for the payment of charges for
water or sewer on any premises.
Containment Device is a backflow prevention device installed at the point of separation
between the public water supply and a private service or private distribution system at the
point of metering.
Controlled By is owned, operated or leased by.
Cross-Connection is any physical connection whereby the public water supply is
connected with any other water supply system , whether public or private, either inside or
outside of any building or buildings, in such a manner that a flow of water into the public
water supply is possible either through the manipulation of valves or because of
ineffective check or back-pressure of any other arrangement.
Cut-Off Valve is a valve used to regulate the water supply to the consumer's premises.
Department shall mean the Harnett County Department of Public Utilities.
Developer Any person, firm, corporation, or other legal entity improving property for
commercial , industrial or residential purposes .
Development Property improved for commercial, industrial or residential purposes.
District shall mean any HCDPU water and sewer district established pursuant to Article
6, Chapter 162A of the North Carolina General Statutes.
Double Check Valve is an assembly composed of two single, spring-loaded
independently operating check valves, including tightly closing shut-off valves located at
each end of the assembly, and having suitable connections for testing the water tightness
of each check valve.
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Dual Check Valve is a device containing two independently acting check valves in series.
Easement shall mean an acquired legal right for the specific use of land owned by others.
Engineer of Record A person licensed as a Professional Engineer in good standing with
the North Carolina State Board of Registration for Professional Engineers and Land
Surveyors acting as an agent for the Developer with regard to water and sewer line
extensions.
Fire Line is a system of pipes and equipment used to supply water in an emergency for
extinguishing fire .
Full Service Sprinkler Connection is a separate metered connection originating at a main
and running to the property line, and includes all appurtenances to make the connection
complete and ready for use. This connection is independent of any other water
connection on the premises and shall not be connected to any plumbing or other pipeline
where residual water therefrom is required to be discharged into the sewer system.
HCDPU shall mean Harnett County Department of Public Utilities.
Improved Street is any street having a wearing surface of concrete, brick, stone block,
asphalt, or any bituminous compound.
Interconnection is any system of piping or other arrangement whereby the public water
supply is connected directly with a sewer, drain, conduit, pool, heat exchanger, storage
reservoir, or other device which does or may contain sewage or other waste or substance
which would be capable of imparting contamination to the public water supply.
Lateral is that portion of the water connection which does not include meter, box or meter
setter or connection.
Main is the pipe usually laid in a street running parallel to the property line which
distributes water or collects sewer.
May is permissive (see "shall).
NCDEO North Carolina Department of Environmental Quality
NCDWO North Carolina Division of Water Quality
Occupant is the consumer who is actuall y in possession or control of any premises.
Owner is the person having legal or equitable title to any premises.
Person is an individual, firm, association, partnership or corporation .
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Premises are land, building, or other structure and appurtenances thereto .
Pressure Vacuum Breaker is an assembly containing an independently operating spring
loaded check valve and an independently operating loaded air inlet valve located on the
discharge side of the check valve. The assembly must be equipped with suitable
connections for testing the proper operation of the device and tightly closing shut-off
valves located at each end of the assembly.
Public Water Supply is the water and waterworks system of HCDPU, and its consumers
outside the County boundary, for the provision of piped water for human consumption,
and which supply is recognized as a public and community water system by the North
Carolina Department of Environmental Quality, Division of Environmental Health,
Public Water Supply Section.
Record Drawings -Drawings prepared by the Engineer that indicate the details of the
system following the construction phase and that at least meet the minimum standards set
forth by the State of North Carolina and the North Carolina Licensing Board for
Engineers and Land Surveyors and the HCDPU Sanitary Sewer and Water Specification
Reduced Pressure Zone Principle Backflow Prevention Device (RPZ) is a device
containing within its structure, two spring loaded independently operating check valves,
together with an automatically operating check valves, together with an automatically
operating pressure differential relief valve located between the two check valves. The
first check valve reduces the supply pressure a predetermined amount so that during
normal flow and at cessation of formal flow the pressure between the checks shall be Jess
that the supply pressure. In case of leakage of either check valve, the differential relief
valve, by discharging into the atmosphere, shall operate to maintain the pressure between
the check valves less than the supply pressure. The device shall have suitable
connections for testing, including tightly closing shut-off valves located at each end.
Retrofitted Sprinkler Connection is a second metered connection originating at a point
along that segment of the existing service line between the main and the first or existing
meter and running to the property line, and includes all appurtenances to make the
connections complete and ready for use. The Retrofitted Sprinkler Connection shall not
be connected to any plumbing or other pipeline where residual water therefrom is
required to be discharged into the sewer system.
Service Line is a water line which may service a house , business, apartments, etc. which
runs from the street to the establishment being served .
Shall is mandatory (see "may).
Standard Size Main refers to a six-inch diameter water main and an eight-inch diameter
sewermam.
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Subdivision The division of a tract, parcel , or lot into two or more lots or building sites or
other division s for the purpose, whether immediate or future , of sale, legacy, or building
development and includes all division of land involving a new street or change in existing
streets to include re-subdivision. Subdivision shall also refer to uses ofland not
ordinarily considered a subdivision, but requiring utility installations. Examples of these
uses are mobile home parks, multi-family projects townhouses , and planned unit
developments.
System Development Fee A charge or assessment for service imposed with respect to
new development to fund costs of capital improvements necessitated by and attributable
to such new development, to recoup costs of existing facilities which serve such new
development, or a combination of those costs. The term includes amortized charges,
lump-sum charges, and any other fee that functions as described by this definition
regardless of terminology.
Unit refers to a residential housing unit such as an apartment, condominium or duplex.
Unusual Conditions to mean delays in acquiring materials, parts and (or) supplies, rock
encountered in construction and other items which might cause delays not under the
control ofHCDPU.
Water and Sewer Plans An engineered drawing, signed and seal by the Engineer of
Record, in conformance with the HCDPU Sanitary Sewer and Water Specifications that
delineates the water and sewer infrastructure as well as other on-site improvements
proposed for the development of the subject property.
Section 3. Water Laterals and Tap-On.
Water laterals will be installed only at the request of the Owner or his agent. When the lateral
terminates at the property line, the meter shall not be set and the lateral shall not be used until the
owner of the property or his agent applies for service.
Section 4 . Connection To Be Made By HCDPU Only Upon Application.
The construction of water laterals within the street right-of-way and the setting of meters shall
be the responsibility of HCDPU. The construction of such lateral or the setting of such meter
shall be done only after the written application therefor has been approved . The only exception
to this provision will be when laterals and meter yokes are installed by Developer's contractors
in new subdivisions in compliance with Rules, Regulations and Specifications as shall be
established by HCDPU from time to time.
Section 5 . Application for Connection.
Every application for water service shall list, on forms provided by HCDPU , the property o wner,
the applicant's name , social security number, driver's license number, phone number, and all
other relative forms of identification required by HCDP U, the street on which the lot is located,
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the number of the house or a description of the lot location, the number of all types of fixtures
planned in the building now and proposed for the future , the distance from the property line
where service comes from the street to the furthermost point of the building as planned, and the
name of the plumber who will do the work. This application shall be filed not less than ten days
before the proposed connection is desired. Unusual conditions may be just cause for additional
time in providing the services required. When the size of the service and the cost of the
connection have been determined, the applicant shall deposit the previously determined cost and
shall be issued a permit for the desired connection.
Section 6. Disapproval of Application.
If, in the opinion of HCDPU through its duly constituted authority, the water connection applied
for will be of such size or character as to put too great a demand on any part of the system and
disrupt the HCDPU's ordinary water service (500 GPM at 20 PSI residual plus normal service
requirements), it shall disapprove the application until such time as adequate means are provided
by the applicant to eliminate the unsatisfactory condition. If, at any time, changes are made by a
consumer in his service requirements so as to create an unsatisfactory condition in the HCDPU's
water service, HCDPU shall require the consumer to adopt remedial measures to eliminate the
unsatisfactory condition. HCDPU shall not in any way be responsible for any cost or
inconvenience caused by a change in service requirements after an application has been
approved, or by an installation before the application has been approved.
Section 7. Separate Water and Sewer Connections and Meters Required.
Each building shall have a separate meter, and where practicable shall have a separate water
lateral. In the event that one lateral is used for two dwellings, commercial or industrial
buildings, or used to serve two or more meters for the same dwelling, commercial or industrial
buildings, a separate cut-off shall be provided for each meter. However, there shall be an
exception to the requirement for separate water meters in the case of groups of mobile homes or
apartment developments under single ownership. In the case of said groups of mobile homes or
apartment developments of more than ten (10) units, one meter shall be used for the entire
project unless additional meters are deemed necessary by the proper HCDPU authority, and the
following conditions shall be met:
(a) Bills will be rendered to the Owner of the property.
(b) The bill will be calculated by a minimum charge for the master meter and for each of
the total number of units included thereafter, and calculating the remaining bill based
on the total consumption passing through the master meter above the minimum;
provided, however, owners of ten or fewer multiple units may elect to have water
metered directly to each unit and the charge therefore billed directly to the user in
each unit.
( c) Should any portion of the development be sold, the owners shall be responsible for
paying whatever additional costs would be involved in bringing the divided
development into comp liance with this article.
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Section 8. Connections And Meters To Remain Property Of The HCDPU.
All meters , boxes, pipes and other equipment furnished and installed by HCDPU in a water or
sewer connection shall remain the property of the HCDPU. If, after an installation is completed,
the property owner requests that a meter or lateral be changed in size and this request is approved
by HCDPU, the property owner shall pay for the change of lateral as though it were a new
connection and shall pay or be credited the difference of the cost of meters in the original and
new installations according to the then current price of the two meters.
Section 9. Maintenance Of Meters And Connections.
All meter and water laterals shall be maintained by HCDPU at the HCDPU's expense.
Section 10. Connection To Other Supply and Cross-Connection Control.
No part of the HCDPU 's water system shall be connected to any source of water supply other
than those authorized by official action of the County Board of Commissioners. If, on any
premises, both HCDPU water and water from any other source is used, the piping shall be
completely separate. Pipes carrying water from a source other than the HCDPU 's supply shall
be painted yellow. It shall be unlawful for any person to cause a cross-connection, auxiliary
intake, or interconnection to be made with the public water supply; or allow one to exist for any
purpose whatsoever.
HCDPU has the responsibility to inspect properties served by the public water supply where
cross-connections with the public water supply are deemed possible. The frequency of these
inspections shall be set by the department. HCDPU shall have the right to enter, at reasonable
time, any nonresidential property served by a connection to the public water supply for the
purpose of conducting these inspections. In those cases in which the property owner chooses not
to provide such access , HCDPU may designate the location as a high hazard in accordance with
the paragraphs below.
The following uses shall be classified as hazardous uses:
(a) Hazardous uses include, but are not limited to: pumps or tanks handling
sewage, radioactive, lethal, or toxic substances, boiler and steam connections, sewer
waste lines, low inlets to receptacles containing toxic substances, coils or jackets used
as heat exchangers, flush valve toilets without vacuum breaks, bacterial and viral
materials, private wells or other private water supply, irrigation systems, water systems
or hose connections, booster pumps, carbonation equipment, or similar hazard potential
as determined by the Department.
(b) Any location at which the nature or mode of operation within a premise are such that
frequent alterations are made to the plumbing or at which there is a likelihood in the
determination of the Department that protective measures may be subverted, altered, or
disconnected.
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(c) Any facility which contains, but is not limited to, a bottling plant, cannery, a building
having five or more stories, battery manufacturer, exterminator, greenhouse, chemical
processing plant , dairy, dye works, film laboratory, car wash, hospital , commercial
laboratory, laundry, metal fabrication operation , mortuary, swimming pool, morgue, x-
ray equipment, medical office with laboratory, aspirator, medical washing equipment,
packing house, plating plant, poultry house, power plant, nuclear reactor, pumped fire
sprinkler or riser system or those equipped with facilities for the introduction of freeze
preventive chemicals or other substances other than water.
All installations described in the above paragraphs (a)-(c) shall be deemed hazardous
uses , and must have a containment device in the form of a reduced pressure zone
backflow prevention device provided that, if the consumer demonstrates to the
satisfaction of HCDPU that sufficient internal confinement devices have been installed
and tested. The Department may require that the consumer provide engineering
drawings sealed by a professional engineer of installations within the premises, which
provide complete internal protection against cross-connection as approved by the
Department. Any such connection shall be considered another connection for the
purpose of determining the type of containment device required . Each internal
confinement device shall be one of the following, as approved by HCDPU or their
authorized representative: reduced pressure zone principle backflow prevention device,
double check valve backflow prevention device, air gap, vacuum break-pressure type, or
dual check valve. Each reduced pressure zone principle backflow prevention device
serving as an internal confinement device shall have a mesh strainer immediately
upstream of the inlet gate valve.
Services to single-family residential units, not otherwise required by this ordinance to
have other containment devices, may have a containment device in the form of a dual
check valve. HCDPU supplies this dual check valve when residential connections are
installed. On all other services which other containment devices are required the owners
representative shall be required to install these devices prior to the installation of a meter
by HCDPU. On all such services for which meters have been applied prior to the
adoption of this ordinance, said dual check valve shall be installed by HCDPU, provided
that the Department reserves the right to charge the owner or occupant of any residence
for the cost of said device and its installation. Maintenance of dual check valve
containment devices installed in accordance with this section shall be conducted by the
Department.
All other connections to the public water supply of HCDPU shall have containment
devices in the form of double check valve backfl ow prevention devices as set forth in
the following paragraph. This shall include water mains installed by HCDPU, including
but not limited to mobile home parks , apartments , group housing projects, and other
private distribution systems , or similar hazard potential as determined by HCDPU or
their authori zed representative.
All containment devices shall be installed according to the following procedure:
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(a) The containment devices shall be located off street right-of-way on the water
main side of any plumbing connection. When installed in a building, the
device shall be located on the service line immediately after its entrance into
the building. Each containment and confinement device shall be installed in a
location which is physically accessible for inspection and testing as
determined by HCDPU. Containment devices which have been buried in the
ground do not satisfy the provisions of this ordinance. Each reduced pressure
principle zone device shall be installed such that flooding of the device is
unlikely as determined by the Department.
(b) HCDPU shall maintain a list of approved manufacturers and models of
hazard containment devices and drawings of standard installations, copies to
be made available through the administration office of the Department. All
installations and materials shall conform to HCDPU standards.
(c) In those cases in which containment and/or confinement devices have
been previously installed by any party, the responsibility for maintenance,
testing, and replacement as applicable shall be with the consumer.
( d) The cost of said means of containment, and any other plumbing modifications
necessary and convenient thereto, and the testing and maintenance thereof is
to be paid for by the consumer.
Upon identification of a hazard, or hazard potential, as defined in this section of the
ordinance, HCDPU shall notify the consumer, of record, of the the property on which the
hazard exists of the following:
(a) Location of the Hazard
(b) Nature of the Hazard Observed
( c) Date of the Hazard Observed
( d) Applicable Section of the Ordinance
(e) Requirements of the Ordinance
Such notification to be made by certified mail , with return receipt requested.
HCDPU shall be notified by the consumer when the nature of use of the property changes
so as to change the hazard classification of that property, as set forth in this ordinance.
The consumer at each property at which containment and/or confinement device(s) have
been installed shall have each containment or confinement device(s) tested on an annual
basis, and perform any routine maintenance to such device as recommended by the
manufacturer, and provide the Department with a report of that inspection and work. The
consumer shall cause such maintenance, or repairs to be made, rendering the device fully
operational. Failure of the consumer to perform that testing and maintenance shall cause
for the premises to be deemed an immediate public health hazard. HCDPU may
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immediately thereafter discontinue public water supply service to that premises and
service shall not be restored until such devices have been rendered fully operational.
Where the use of water is critical to the continuance of normal operations or protection of
life, property, and equipment, duplicate containment or confinement devices shall be
provided by the property owner to avoid the necessity of discontinuing water service to
test or repair the device(s).
Consumer responsibilities under this section include:
(a) The consumer shall, as required in this ordinance and upon notification,
install the hazard containment device(s) as required within ninety (90) days
of the date of notification.
(b) If, after expiration of ninety (90) days, the containment device(s) has
not been installed in conformance with the standards set forth in this
ordinance and by the Department, in proper working condition, the
Department may discontinue the public water supply at that premises, and
service shall not be restored until such devices have been installed. The
Department may permit an extension of up to ninety (90) additional days if
compliance efforts are underway and the existence of hardship can be
determined .
(c) HCDPU shall bear no liability for direct or consequential
damages caused by the discontinuance of service pursuant to this ordinance.
Section 11 . When Water Meters Read.
All water meters on water systems controlled by the HCDPU shall be read monthly unles s
unforeseen circumstances dictate otherwise.
Section 12. Adjustment Of Overcharges.
HCDPU shall have the authority to adjust one water and/or sewer monthly bill per twelve
months after determining that the bill is excessi ve, upon the following conditions:
(a) If the cause is a defect in a water meter, the water bill shall be reduced to the average
amount of such bill for the preceding three (3) months.
(b) When proof of repair is furnished to substantiate a leak, the water bill shall be reduced by
fifty percent (50%) of the amount by which it exceeds the average amount of the
consumer's bill for the preceding three (3) months . The average is then added back in to
determine the final amount. Leak adjustments for sewer accounts are determined by
reducing the sewer bill to the preceding three month average.
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(c) If the cause is of an undetermined origin, and it does not appear upon investigation that the
occupant or occupants of the premises served were in any way at fault for the excessive
water bill , the adjusted bill shall be calculated the same as in (b) of this rule.
( d) All metered water lost due to negligence on the part of the user will be charged at the
normal rate, and no adjustment of the bill shall be made.
Section 13. Meter Tests.
Any consumer may have a test of his water meter made upon payment in advance of a fee of
actual cost of the test for any size meter. A deposit for the estimated cost of the test is required
before such test is conducted. If the consumption shown on the meter in question is greater than
twice the average consumption for the preceding six months, the fee for testing the meter shall be
waived. Since the most accurate water meters suitable for general use require a margin of
approximately two and one-half percent for error, any meter which shows upon test an error not
greater than two and one-half percent shall not be considered defective. If the meter is found to
be over-registering in excess of two and one-half percent, refund shall be made in accordance
with Section 12 (a) above, and the deposit paid for the test shall be refunded.
Section 14. Bulk Water Usage.
HCDPU allows consumers or commercial establishments to use bulk water from public fire
hydrants through the use of portable hydrant meters after an application has been made and
deposit has been paid. The actual deposit shall be determined by HCDPU according to the size
of the hydrant meter and is refundable upon the satisfactory return of the meter. Failure to return
the meter in a timely fashion will result in the customer being charged for the full prevailing cost
of the hydrant meter. A chain of custody form will be used to annotate the serial number of the
hydrant meter, the customer name and relevant billing information, and the signature of the
customer requesting the meter. A daily, monthly or yearly rental rate will be billed to the
customer according to the desired usage. Any customer requesting to keep the meter for a year
will be provided to pay that rental rate at the time of meter issuance or the beginning of each new
yearly billing period. The water user also agrees to pay for water obtained at the rate of $6.00 per
1,000 gallons. A chain of custody form will be used to annotate the serial number of the hydrant
meter, the customer name and relevant billing information, and the signature of the customer
requesting the meter. The applicant shall be responsible for any damage to the hydrant, meter,
backflow, connections, etc., used in the installation and the cost of any such damage shall be
taken from the deposit. After deducting the water bill, appropriate rental rate and any cost of
damage to the installation, HCDP U shall refund the balance of the deposit to the applicant as
soon as the meter is removed and returned to the HCDPU 's stock. While in use, no wrench shall
be used on the hydrant except a hydrant wrench furnished by HCDPU. If scarred by
unauthorized methods , the cost of nut and labor to repair shall be charged to person responsible.
Should the water bill, rental rate and cost of damage exceed the deposit, the user shall pay the
amount of such excess to HCDPU.
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Section 15 . Tampering With Meters and Stopcocks.
No person, except an employee of HCDPU, shall tum the stopcock installed in each meter box
nor shall an y person construct or have constructed an y bypass around any meter except as m ay
be installed and sealed by HCDPU . The fact that water is cut on to an y premises by a perso n
without the prior knowledge of either HCDPU or the consumer shall not relieve the consumer of
liability for such unauthorized use of water. A minimum fee of $100 .00 shall be imposed upo n
the consumer where such tampering or unauthori zed use of water has occurred.
Section 16. No Guarantee Of Quality, Quantity Of Pressure Of Water Supply.
Neither the District nor the HCDPU guarantees the quality, quantity or pressure of its water
supply. It is hereby made a portion of the terms on which the HCDP U and the District furnish
water to consumers that the HCDPU and the District shall in no case be liable to any consumer
for any defect on quality or any deficiency in quantity or pressure; that the HCDPU and the
District shall not be liable to any consumer for damages resulting from turning on or the
complete or partial cutting off of water; and no deduction shall be made from any water bill by
reason of any such defect or deficiency. No HCDPU employee shall take responsibility for
telling a property owner or occupant how best to care for his boiler, heater or other equipment
which is affected by the discontinuance, either temporary or permanent, of his water supply. The
owner or occupant shall be entirely responsible for his equipment and shall hold the HCDPU and
the District in no way responsible for damage thereof.
Section 17 . Protection Of Water Supply.
No person shall contaminate any portion of the HCDPU or of the Districts ' water suppl y
whether the same is in a reservoir, or tank, or pipe.
Section 18 . Repealing Clause.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed . If any
section, paragraph , subdivision, clause or provision of this ordinance shall be adjudged invalid ,
such adjudication shall apply only to such section, paragraph, subdivision , clause or provision so
adjudged , and the remainder of this ordinance shall be deemed valid and effective.
Section 19. Procedures.
(a) Service will be supplied only to those who apply.
(b) Users will make application for service, in person, at HCDPU and at the same time make
the deposit guarantee required below . A $15 .00 account set-up fee and/or transfer fee of
the same amount is due upon initial account set up or subsequent transfer of a consumer's
water service to another address .
(c) The amount of deposit shall be determined by entering all responsible consumer
information into an On-line Utility Database. If the consumer or consumers have a history
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of outstanding debt to other utilities, a copy of the amount of debt and the utility to which
it is owed shall be provided to the consumer at the time of application. A credit score is
determined by this procedure.
( d) Property owners, if approved by the procedure described in Section 19 ( c) above shall
make a minimum cash deposit of $25.00. If the property owner is not approved by the
above described procedure, they will be charged a minimum deposit of $50.00. All other
consumers, if approved by the procedure described above, shall make a minimum cash
deposit of $50 .00 per service requested . All other consumers with a delinquent credit
history will be charged a minimum deposit of $100.00 per service requested. Deposits
shall not accrue interest. All consumers who qualify as commercial users under the current
rate structure shall be exempt from this deposit requirement.
(e) All property owners with no established accounts, must provide HCDPU with a
deed or purchase agreement for the property where water and/or sewer service will be
provided. All other users must provide HCDPU with a copy of a rental or lease
agreement for the property where water and/or sewer service will be provided. All
consumers identified as financially responsible parties on the rental or lease agreement
shall be listed as responsible parties on the account as setup by HCDPU.
(f) HCDPU may reject any application for service not available under a standard rate or
which involves excessive service cost, or which may affect the supply of service to other
customers or for other good and sufficient reasons.
(g) HCDPU may reject any application for service when the applicant is delinquent in
payment of any bills incurred for service or connection fees prev iously supplied at any
location, provided that when the Owner of the premises has been served water and has
not paid for the same, HCDPU shall not be required to render service to anyone at said
location where the water was used until said water bill has been paid.
(h) The person or persons in whose name the deposit is made shall be responsible for
payment of all bills incurred in connection with the service furnished.
(i) A separate deposit is required for each meter and/or service connection requested .
(j) The deposit receipt is not negotiable and can be redeemed only at HCDPU.
(k) The deposit required by this ordinance or part remaining thereof will be refunded upon
payment of fin al bill and final accounting.
Section 20. Initial Or Minimum Charge.
(a) The initial or minimum charge, as provided in the rate s chedule, shall be made for each
meter installed, regardless of location .
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(b) In resort or seasonal areas where service is furnished to a consumer during certain
months only, the minimum charge per service for the period of non-use shall be the
regular minimum as set out in the published rates of the HCDPU.
(c) Water furnished for a given lot shall be used on that lot only. Each consumer's
service must be separately metered at a single delivery and metering point. Each
commercial unit and each storeroom or stall used for business purposes shall have a
separate meter. All commercial use including storerooms and stalls for business purposes
shall be metered separately from any residential use and vice versa, whether now in
service or to be installed in the future.
(d) Consumers shall be responsible for paying the minimum monthly water bill whether or
not water is actually used during a month.
Section 21. HCDPU's Responsibility And Liability.
(a) HCDPU shall run a service line from its distribution line to the property line where the
distribution line runs immediately adjacent and parallel to the property to be served, and
for which a tap-on fee , and capacity use fee then in effect, will be charged.
(b) HCDPU may install a meter at the property line or, at HCDPU's option, on the
consumer's property or in a location mutually agreed upon.
(c) When two or more meters are to be installed on the same premises for different
consumers, they shall be closely grouped and each clearly designated to which consumer
it applies.
( d) HCDPU does not assume the responsibility of inspecting the consumer's piping or
apparatus and will not be responsible therefor.
(e) HCDPU reserves the right to refuse service unless the consumer's lines or piping are
installed in such manner as to prevent cross-connections or backflow.
(f) HCDPU shall not be liable for damage of any kind whatsoever resulting from
water or the use of water on the consumer's premises, unless such damage results directly
from negligence on the part ofHCDPU. HCDPU shall not be responsible for any
damage done by or resulting from any defect in the piping, fixtures, or appliances on the
consumer's premises. HCDPU shall not be responsible for negligence of third persons or
forces beyond the control of HCDPU resulting in any interruption of service.
(g) Under normal conditions, the consumer will be notified of any anticipated interruption of
service.
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Section 22 . Consumer's Responsibility.
(a) Piping on the consumer's premises must be so arranged that the connections are
conv eniently located with respect to HCDPU's lines or mains.
(b) If the consumer's piping on the consumer's premises i s so arranged that HCDPU is called
upon to provide additional meters, each place of metering will be considered as a separate
and individual account.
(c) Where meter is placed on premises of a consumer, a suitable place shall be provided by
consumer for placing such meter, unobstructed and accessible
at all times to the meter reader.
(d) The consumer shall furnish and maintain the service line on the consumer's side of the
meter; HCDPU to provide a like service on HCDPU 's side of such meter.
(e) The consumer's piping and apparatus shall be installed and maintained by the
consumer at the consumer's expense in a safe and efficient manner and in accordance
with HCDPU 's rules, regulations, specifications, and ordinances and in full compliance
with the sanitary regulations of the North Carolina State Board of Health.
(f) The consumer shall guarantee proper protection for all property controlled by HCDPU
and placed on the consumer's premises by HCDPU or any predecessor in interest to
HCDPU and shall permit access to it only by'authorized representatives of HCDPU.
(g) In the event that any loss or damage to such property or any accident or injury to persons
or property is caused by or results from the negligence or wrongful act of the consumer,
his agents , or employees, the cost of the necessary repairs or replacements shall be paid
by the consumer to HCDPU and any liability otherwise resulting shall be assumed by the
consumer.
(h) The amount of such loss or damage or the cost of repairs shall be added to the
consumer's bill ; and if not paid, service may be discontinued by HCDPU.
Section 23. Access To Premises.
HCDPU personnel shall have access at all reasonable hours to the premises of the consumer
for the purpose of installing or removing property controlled by HCDPU, inspecting piping,
reading or testing meters, or for any other purpose in connection with HCDPU's service and
facilities.
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Section 24. Change of Occupancy.
(a) Not less than three days notice must be given in person or in writing to discontinue
service for a change in occupancy. Such notice shall be given at the HCDPU office
which has responsibility for management of water and sewer systems.
(b) The outgoing party shall be responsible for all water consumed up to the time of
departure or the time specified for departure, whichever period is longest.
Section 25. Suspension Of Service.
(a) Services may be discontinued at the request of the consumer, provided the consumer pay
all current balances. When services are discontinued and all bills paid, the deposit will be
refunded in accordance with these Rules and Regulations.
(b) Services may also be discontinued by HCDPU to any customer whose account remains
delinquent for more than ten (10) days. The deposit will be applied by HCDPU toward
settlement of the account. Any balance will be refunded to the consumer; but if the
deposit is not sufficient to cover the bill, HCDPU may proceed to collect the balance in
the usual way provided by law for the collection of debts.
( c) Property owners may have a service discontinued for rental property in the event that the
rental unit is vacant for a period not to exceed twelve (12) months. If the rental property
is still vacant after twelve (12) months from the original suspension date, the property
owner will begin to receive minimum bills for that location to include the account setup
of $15.00.
(d) Service discontinued for non-payment of bills will be restored, at the request of the
consumer only after bills are paid in full, and a service charge of $40.00 paid for each
meter reconnected except as set forth hereafter. The consumer being reconnected must
also make the required deposit. The consumer may elect to pay an additional service fee
of $50.00 to expedite the reconnection process. The payment of this fee will guarantee
the reestablishment of water service to the consumer on the same day the account is paid
in full.
(e) After a connection has been discontinued for a period of twelve consecutive months
HCDPU may remove the meter base, meter, curb stop valve, meter box and service line
for use elsewhere or for storage.
(f) At any time after a connection has been discontinued an additional service charge
equal to the then current tap-on-fee shall be paid as a reconnection fee. Also the
consumer must make the required deposit.
(g) · HCDPU reserves the right to discontinue its service without notice for the following
additional reasons:
1. To prevent fraud or abuse.
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2. Consumers willful disregard for HCDPU 's rules and ordinances.
3 . Emergency repairs.
4. Insufficiency of supply due to circumstances beyond HCDPU 's control.
5. Legal processes.
6. Direction of public authorities.
7. Strike, riot, fire , flood, accident, or any unavoidable cause.
(h) HCDPU may, in addition to prosecution by law, permanently refuse service to any
consumer who tampers with a meter or other measuring device.
(i) HCDPU gave a privilege for early connection to the water system to every property
owner or resident as the water mains were installed. From time to time, HCDPU may
give privileges for connections at reduced amounts in order to encourage additional
hookups to increase revenue. Any consumer who takes advantage of a reduced
connection will be responsible for paying at least the minimum monthly water bill
whether or not water is actually used until such time as the reduced connection fee
charged plus all monthly water bills charged equal the then current charge for tap-on
connection. The consumer shall remain liable for at least the minimum monthly bill
thereafter until he has notified HCDPU in accordance with other provisions of this
ordinance that he desires to stop his service.
Section 26. Complaints -Adjustments.
(a) If the consumer believes his bill to be in error, he shall present his claim, in person, at
HCDPU before the bill becomes delinquent. Such claim, if made after the bill has
become delinquent, shall not be effective in preventing discontinuance of service as
heretofore provided. The consumer may pay such bill under protest, and said payment
shall not prejudice his claim.
(b) HCDPU will make special meter readings at the request of the consumer for a fee of
$25.00 provided, however, that if such special reading discloses that the meter was
over read, or in error in any way, the fee will be refunded.
(c) Meters will be tested at the request of the consumer upon payment to HCDPU of
the actual cost to HCDPU of making the test provided, however, if the meter is found
to over register or under register beyond two and one-half per centum (2 1/2) of the
correct volume, no charge will be made.
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(d) If the seal of the meter is broken by other than HCDPU 's representative, or if the
meter fails to register correctly, or is stopped for any cause, the consumer shall pay an
amount estimated from the record of his previous bills and /or from other proper data.
No modification of rates or any of the stipulations in this ordinance shall be made by any
employee of HCDPU.
Section 27. Classifications, Rates, Fees and Charges.
The following classifications, rates, fees , and charges are adopted:
( a) Classification of Service.
All services are classified under three categories to include residential, commercial, or
bulk municipal users . A residential service is a service requiring a meter size up to
and including one inch. A commercial service is a service requiring a meter size
greater than one inch up to and including two inches. A bulk municipal service is a
service requiring a meter size greater than two inches, where the user is a municipality
and/or other public body.
(b) Rate Schedule:
(I) Residential:
Water Schedule
Flat rate, first 2 ,000 gallons (minimum)
All water used over 2,000 gallons
Sewer Schedule
Flat Rate, no gallons
Commodity charge
Flat sewer rate, one person household
Flat sewer rate, two or more in household
(2) Commercial:
Water Schedule
Flat rate, first 2,000 gallons (minimum)
All water used over 2,000 gallons
Sewer Schedule
21
Monthly
$ 18.50
$ 5.25 per 1,000 gallons
Monthly
$ 15.00
$ 5.25 per 1,000 gallons
$ 35.00
$ 40.00
Monthly
$ 25.00
$ 5.25 per 1,000 gallons
Monthly
071618a HC BOC Page 153
Flat rate, no gallons
Commodity charge
Flat rate, institutional, no gallons
Commodity charge
(3) Bulk Municipal:
$ 37.00
$ 5.25 per 1,000 gallons
$ 225 minimum
$ 5.25 per 1,000 gallons
Water-$ 2.38 for each 1,000 gallons used. Where bulk municipal connections exist,
HCDPU may require that the water purchaser guarantee a minimum usage allocation and
payment for the same, whether used or not.
Water-Capacity Owners-$1.85 for each 1,000 gallons used. Bulk municipal rates may
differ depending upon the purchase of capacity in County owned production facilities
and/or other extenuating circumstances deemed by HCDPU.
Sewer-$ 2 .05 for each 1,000 gallons treated.
Energy Charges-$.25 for each 1,000 gallons of water used.
Note: Energy charges may differ depending upon the number of pumps required for
delivery.
(c) Tap-On-Fees.
Water Services
2 inch connection
1 inch connection
3/4 inch connection
3/4 inch connection
Sewer Services
4 inch gravity connection
6 inch gravity connection
8 inch gravity connection
Step Tank
$2,500
$1,500
$ 800
$ 200 for new District or HCDPU funded extension
$1,000
$ 1,500
$2,500
$2,000
Larger connections and/or road bores, including those for bulk municipal connections,
shall be negotiated as may be appropriate.
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( d) Hydrant Meter Charges.
Services
3/4 inch hydrant meter
3 inch hydrant meter
(e) Septage Hauler Waste Fee
Basic Facilities Charge
Usage Charge
Charges
$250.00 Refundable Deposit
$5.00/day or $140.00/month rental rate
$1 ,200.00/yearly rate (must be paid up front)
$6.00/1,000 gallons
$500.00 Refundable Deposit
$10.00/day or $280.00/month rental rate
$2,500.00/yearly rental rate (must be paid up
front)
$6.00/1,000 gallons
$10.00 per Truckload
$50.00 per 1,000 gallons
This service is available only to those applicants having obtained prior written approval
from the HCDPU Wastewater Division. Waste from septic tanks and portable toilets shall
be accepted if it fully conforms with the Harnett County Sewer Use Ordinance. Maximum
gallons billed per truckload shall be determined by the manufacturer's label on the truck.
If such label is not present, the volume will be determined by HCDPU personnel.
(f) Rates for persons living outside the District.
Rates for persons living outside of Hamett County and served by HCDPU water lines
owned or operated by HCDPU or a District shall be equal to rates for persons living inside
Hamett County so long as no tax is levied within Hamett County for support of the system;
if a tax is levied on users inside Hamett County for the purpose of supporting the water
system, then the users outside Hamett County shall pay an increased rate.
(g) Water and Sewer System Development Fees.
System development fees are a charge or assessment for service imposed with respect to
new development to fund costs of capital improvements necessitated by and attributable
to such new development, to recoup costs of existing facilities which serve such new
development, or a combination of those costs . The term includes amortized charges,
lump-sum charges, and any other fee that functions as described by this definition
regardless of terminology.
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The se charges are reasonable and necessary and result in a more equitable and
economically efficient method of recovery of such costs to handle new growth and to serve
new customers without placing an additional financial burden on existing customers solely
through inordinate enhancement of water and sewer rates. A Water System Development
Fee of $2,000.00 and a Sewer System Development Fee of $2 ,500 .00 per connection, lot
and/or unit will be charged for all new water and /or sewer services connecting to any water
supply or distribution system and/or sewer collection system owned and/or operated by
HCDPU. Determination of water and sewer system fees were accomplished per a system
development fee analysis that met the requirements ofN.C.G.S 162A-205 and is posted on
HCDPU 's website for review. New commercial/industrial system development fees will
be accomplished through the method of equivalent residential unit using the estimated
water and sewer usage needed for the development. These system development fees shall
be paid in the manner set forth below: The full balance of the fees for new land
subdivision development shall be payable upon plat recordation or a commitment by
HCDPU to provide water and/or sewer service to the new land subdivision development,
whichever occurs later. In instances of any other new development to include
commercial/industrial developments , the full balance of these fees shall be due prior to
HCDPU 's commitment to provide water and/or sewer service to the development. HCDPU
reserves the right to impose a minimum lot count for each proposed phase within a new
subdivision to prohibit excessive review and administrative overhead. This minimum lot
count for phases will be determined on a case by case basis.
(i) Plan Review Fees
Plan review fee s for extensions ofHCDPU's water and sewer systems shall consist of a
$250.00 Preliminary Plan Review for all projects and a $40.00 per lot and/or residential
equivalent unit for all types of development. These fees cover plan review, on-site
inspections , and one-year warranty inspections.
Section 28. Connection to Existing Systems.
In the event that HCDPU desires to connect its water distribution system to previously existing
systems, all such systems must have the approval of the Division of Health Services, of the North
Carolina Department of Human Resources before such connection may take place and all
previously existing sources of water must be completely abandoned and rendered incapable of
future water production.
Section 29 .1 Water and Sewer Extension in New Developments.
Article V, Section 5.3 of the Harnett County Subdivision Regulations describes the basic
conditions under which water and sewer extensions are required in HCDPU 's jurisdiction.
HCDPU reserves the right to provide or not provide water and sewer extensions depending upon
the availability of water and sewer capacity. The responsibility for extending water and sewer
mains to and within n ew subdivi sion s or within other new developments lies with the subdivider
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071618a HC BOC Page 156
or Developer, although HCDPU may in its discretion contract with the subdivider or Developer
to install such water or sewer lines with HCDPU personnel.
(a) Water and Sewer Plan Requirements.
If a water distribution or sewer collection system is to be installed in a subdivision
in HCDPU's jurisdiction, and the system is to be assumed and maintained by
HCDPU immediately upon completion of installation, a complete set of
construction plans must be provided for the proposed system . The plans shall be
prepared by a N .C licensed professional engineer serving as the Engineer of
Record for the development and shall have their seal and signature with the date
on each plan. Water and sewer plans shall include a determination of the
estimated water and sewer capacity needed to serve the development based on
NCDENR design standards and shall consist of an overall composite plan, large
scale individual plans with profiles as needed, detail sheets, grading plans, erosion
control plans, specifications and calculations. Plans must also be submitted in
electronic formats to include Computer Aided Design (CAD) and/or Portable
Document Format (PDF). Plans will provide for the construction of water
infrastructure from the point of connection with existing HCDPU water mains to
the meter boxes of the properties to be served and for sewer infrastructure from
the sewer clean out to the connection with existing HCDPU sewer mains. The
plans must conform to HCDPU specifications, N.C. Administrative Code 15A
Subchapter 2T Waste Not Discharged to Surface Waters and to Title 15A
Subchapter l 8C-Rules G overning Public Water Systems .. The engineer shall
provide sealed as-built ·plans and location maps for all val v es and hydrant
locations upon construction completion.
(b) Shop Drawing Review.
The developer's Engineer of Record will review all shop drawings for
conformance with HCDPU specifications prior to submittal to HCDPU. The shop
drawing submittal to HCDPU shall include a cover letter by the developer 's
Engineer of Record certifying conformance with HCDPU specifications and
summarizing any exceptions or concerns relative to approved drawings an/or
HCDPU standards.
(c) Conformance and Inspection/Oversight
Improvements shall be installed in accordance with the established specifications,
and other applicable policies ofHCDPU. Contractor shall conform to all
applicable local, state and federal regulations. No field changes to the plans are
allowed without prior written approval from HCDPU. The Developer shall, at
his expense, retain the services of the Engineer of Record for the purposes of
providing necessary inspections and supervision of the construction work, record
drawings and Engineer certifications . The engineer is responsible to insure that
construction is, at all times, in compliance with accepted sanitary engineering
practices and the approved plans and specifications. A copy of each Engineer's
field report is to be submitted to HCDPU as each such inspection is made. Water
and sewer infrastructure must pass all tests as required by HCDPU specifications
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071618a HC BOC Page 157
and those of all applicable regulatory agencies. These tests include, but are not
limited to , air test, vacuum test, mandrel test, visual test, pressure test,
bacteriological test, etc. A HCDPU inspector must be present during testing. All
test results must be submitted to HCDPU. All tests must be satisfied prior to
Final Inspection. Following completion of construction of all water and sewer
infrastructure delineated in the approved water and sewer plans a Final Inspection
must be requested in writing by the Developer or Developer's engineer. The
Developer 's engineer and HCDPU inspector shall prepare a written punch list of
any defects or deficiencies noted during this inspection, should any exist. U pon
completion of the punch list, the Developer's engineer will schedule another
inspection. In the event the number of inspections perfonned by HCDPU exceeds
two , additional fees may be assessed to the Developer.
( d) Off-site and Over-sizing of Infrastructure.
For developments that are not adjacent to water and sewer infrastructure of
sufficient size and capacity to meet the needs of the proposed development, the
Developer shall be responsible at their sole expense for the design and
construction of any and all improvements to the HCDPU system deemed
necessary to meet the service requirements of the development. The Developer
shall incorporate the off-site improvements in the water and sewer plans
submitted for the proposed development. These improvements shall be consistent
with the HCDPU Utility Master Plans and conform to the requirements of this
policy. The Developer may be required as a condition of approval of this
development to install either on-site or off-site improvements of a greater capacity
than required to serve their development in order for HCDPU to serve future
developments or to meet other service needs ofHCDPU. If this is the case,
HCDPU shall reimburse the Developer for any additional costs incurred as a
result of installing such oversized lines. Under no circumstances will HCDPU
reimburse the Developer for any additional costs associated with the installation
of mains equal to or less than 8 inches in diameter for water and 12 inches in
diameter for sewer as these sizes would be below or equal to the standard size
mains utilized by the HCDPU.
(e) Easements for Future Water and Sewer Lines.
The Developer shall secure the services of a professional engineer to design the
system in accordance with HCDPU specifications. HCDPU desires to develop its
water and sewer infrastructure in an orderly manner that minimi zes energy
consumption and makes the most efficient use of existing and proposed
infrastructure. To accomplish this, the Developer may be required as a condition
of approval of their development to dedicate easements with the boundaries of the
development to HCDPU for placement of future water and sewer infrastructure.
The Developer shall incorporate the requested easements in the water and sewer
plans submitted for the proposed development. Water and/or wastewater
infrastructure proposed for acceptance and ownership by HCDPU must be in a
dedicated utility right-of-way/easements or public right-of-way/easements. The
cost associated with the acquisition of any easement or right-of-way contract for
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071618a HC BOC Page 158
extensions of water and/or sewer mains over privately owned lands will be solely
borne by the Developer. HCDPU also prefers that the Dev eloper acquire these
rights-of-way privately if at all possible. Further explanation of HCDPU's
participation in easement acquisition for private development is explained in
Section 30.2 below.
(f) Transfer of Title.
The Developer shall transfer to HCDPU, title to all water distribution and sewage
collection systems installed by Developer's contractor. Such convey ance is to
take effect without further action upon the acceptance ofHCDPU of said
installation. As further evidence of said transfer of title, upon completion of the
said installation and prior to the rendering of service by HCDPU, the Developer
shall , without cost to HCDPU:
(l) Convey at no cost to HCDPU, its successors or assigns by good and
sufficient easement deed or dedication in right-of-way in a form satisfactory to
HCDPU a perpetual right, easement and privilege to operate, maintain and
repair or replace all water and wastewater mains, pipes, connections, pumps and
meters within granted easements upon Developer's property in connection with
supplying water and wastewater service to the inhabitants, occupants and
customers in Developer's property and secure from each mortgagee and lien or a
release of mortgagess ' and lienors ' interest in the easement and fixtures thereon
for so long as the easement is used for the operation, maintenance, repair
replacement of water and wastewater mains, pipes, connections, pumps and
meters within the easements.
(2) Transfer at no cost to HCDPU all Developer's right, title and interest in and
to all of the water and wastewater supply lines, mains, connections pipes, valves,
meters and equipment installed up to and within granted easements and right-of-
way for the purpose of supplying water service and wastewater collection for the
inhabitants, occupants and customers in Developer's property.
(3) Furnish HCDPU with an AFFIDAVIT that all persons, firms or corporations
who furnished labor or materials used directly or indirectly in the prosecution of
the work required to be performed by the Agreement have been paid. Said
AFFIDAVIT shall be written in such a form as approved and accepted by
HCDPU.
(4) Furnish HCDPU with a RELEASE OF LIEN from all contractors and
suppliers of materials and/or labor who might have acquired interest into the
installations by the supply of materials and/or labor otherwise.
(5) Furni sh HCDPU with all Manufacturers ' warranties which D eveloper might
have received or is due to receive on any part of the installations.
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071618a HC BOC Page 159
(6) Pay to HCDPU any and all applicable charges which shall be due and
payable prior to connection to HCDPU water and/or wastewater system.
(7) Furnish HCDPU with a satisfactory warranty on guaranteeing all equipment
and infrastructure installed pursuant to this Agreement against defect in
materials, equipment of construction for a period of not less than one (I) year
from date of acceptance of same by HCDPU. Said warranty shall be in such a
form as approved and accepted by HCDPU.
(g) Metering Requirements.
Each individual apartment, residence, unit or business, must have an individual
meters with the exception of existing apartment complexes, condominiums,
shopping centers, mobile home parks and residential developments where lines
do not meet HCDPU standards. These qualifications for the use of master
meters, rather than individual meters, are clearly defined in section 7 of the
Hamett County Ordinance Regulating The Use Of Water Facilities.
(1) Meters meeting HCDPU specification and of appropriate size for desired
application shall be furnished to the HCDPU at the expense of the Developer
and shall become the property ofHCDPU.
(2) Each occupancy or property owner must post a security deposit and setup
fee, as listed in Section 20 ( d) of the above-mentioned ordinance, prior to
activation of the service.
(3) All water lines and meter services must be in a right-of-way with a.
minimum width of twenty (20) feet and dedicated to HCDPU for the operation
and maintenance of said water lines and meter services.
Section 29.2 Acquisition of Easements For Developers In County Participation Projects
Should a Developer encounter problems acquiring utility right-of-way across private property for
a project, he may request a meeting with the HCDPU Director, or his designee, to discuss
gaining assistance from HCDPU. For eligibility of participation by HCDPU, the subject water or
sewer line must serve a public purpose or benefit as defined in HCDPU's case as providing a
minimum value of $250,000 tax base per lot and a minimum number of 50 lots. The Director
will review and make a determination as to possible eligibility for participation If the Director
determines there is a valid basis for participation, the process will be explained to the Developer.
Agreement to participate by the Developer will result in a letter of recommendation to the Legal
Services Department and the County Manager. If the Legal Services Department agrees that
participation is warranted then they shall notify the Developer in writing and then in conjunction
with HCDPU meet with the Developer to review his obligations. All property maps and
descriptions will need to be approved by HCDPU and need to comply with these standards and
procedures.
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(a) One (1) copy of blueprint of each map with a copy of the descriptions of the
taking shall be submitted by the Developer's engineering finn/surveyor for review.
The map and descriptions need to be sealed by a professional surveyor.
(b) Legal will contact the Developer's engineering finn/surveyor after review is
completed so that review comments can be addressed .
(c) The Developer's engineering finn/surveyor will have to re-submit a copy of
blueprint of the corrected plans and a copy of the corrected descriptions, together
with all the copies marked with corrections requests.
( d) When Legal is satisfied that all changes have been made, the Developer's
engineering finn/surveyor will be contacted and asked of submission of the
following items:
I) The original mylar of the plans, signed, sealed and dated by a professional
surveyor.
2) A copy _ of the legal description, signed, sealed, and dated by a professional
surveyor.
3) A dxf of dwg drawing fi le submitted on 3 .5" diskette or through email, for all
computer-generated with the drawings. This file should be on project
coordinated (I.e. NAD83 coordinates). Also an ASCII points file , with the point
number, coordinates, and descriptor of each point.
(e) The Developer's attorney will need to prepare the required deeds and contact the
County's Legal Department for the approval of the deeds.
(f) The Developer or his attorney will furnish the Legal Department with a copy of the
deeds after they have been recorded in the Office of the Register of Deeds of
Hamett County, NC.
(g) In lieu or preparing property maps, legal descriptions, deeds and deeds of
assignment, the Developer may choose to have his surveyor prepare a plat of
recordation . The Legal Department will still review the plats. Once the maps have
been finalized they will need to be submitted to the Planning Department for their
review. The Developer may then have the owners sign dedications statements on
the plat.
(h) In the event that the property owner denies the Developer's surveyor access to the
property, the surveyor shall compile the maps needed for the easements from
publicly available sources and use these documents to estimate the easement square
footages required. The estimated value of the easements, per square footage, based
on the independent appraisal shall be multiplied by the estimated required square
footage of the easement as a basis of offer. This offer may be considered as
sufficient proof that a good-faith effort was made. Final settlement value will be
contingent upon a survey meeting HCDPU's requirements as stated above.
(i) The Developer shall send letters to the property owners requesting permission of site
access and HCDPU will initiate contact with the affected property owners to alert
them to the activity. Based on the approved drawings and descriptions, the
Developer commissions an independent appraisal of the properties. An offer shall be
in writing to the property owner and sent via certified mail, return receipt requested.
Upon refusal of the offer, as detailed above:
29
071618a HC BOC Page 161
(j) HCDP U will schedule a meeting with the Developer and the affected property
owner(s) to ; discuss the situation, explain the necessity for the project ( e.g. public
good, public necessity, coordination with the long-term infrastructure development
of the County), and ascertain that an offer has been made and effused . Furnish Legal
Department copies of correspondence as written documentation.
(k) If condemnation proceedings are the only option left to obtain the necessary
easements , a Board of Commissioner Agenda item from the Harnett County
Department of Public Utilities Director to the County Manager must be prepared
and sent and copied to the Legal Department.
(I) Legal Department will notify the Developer and the affected property owners as to
the date, which the Board of Commissioners will consider the request.
(m) Board of Commissioners will decide as to whether or not to direct Legal to initiate
the condemnation process of the property in question . Condemnation under this
Policy shall be subject to the Board of Commissioners findings of public purpose,
public necessity, and approval of exercise of eminent domain.
(n) Upon the Board of Commissioners approval and prior to HCDPU staff starting
action, the Developer to deposit with HCDPU twice the amount of the estimated
cost of the right-of-way.
The Developer will have the right to have his attorney participate in the process in conjunction
with HCDPU attorneys. If the Developer elects not to , he shall furnish a waiver to HCDPU to
that effect. Upon obtaining the right-of-way, HCDPU shall refund to the Developer all fund s
(item m) over and abo ve those required to obtain the right-of-way. In the e v ent that
condemnation becomes and is approved by County Commissioners, the Developer shall write a
letter to HCDPU stating that he will be fully responsible for any and all cost and expenses
awarded by the court in the condemnation case. For County projects, that letter will be written to
County Planning. At the option ofHCDPU, the Developer may be required to deposit additional
funds up to five times the amount of the estimated right-of-way value. HCDPU will retain these
funds until completion of the judgment, at which time any remaining monies will be returned to
the Developer. The money on deposit with HCDPU will bear no interest.
Section 29 .3 Extension of Water and Sewer Lines Within County.
(a) HCDP U currently extends service to rural areas by 3 methods:
I. Capital Projects using Loan & Grants to fund.
2. Private Development within public rights-of-way or dedicated
rights-of-way funded by private funds.
3 . Co-operative Projects -between HCDPU and private sector for
commercial and industrial development. The amount ofHCDPU funds
contributed to a co-operative project is guaranteed to be repaid to HCDP U
by the Developer in net tax proceeds from the improved Property within
the first five years. If the net tax proceeds received within the five year
3 0
071618a HC BOC Page 162
period fail to equal the HCDPU 's fiscal contribution to the project, the
Developer shall pay the difference to HCDPU.
(b) HCDPU proposes to designate, from the Hamett County General Fund and/or the
Public Utilities Fund, certain restricted annual appropriations for the development
of water and sewer line extensions within Hamett County. All requests for
extensions shall be rated on the following point system.
1. Public Health Severity 40 points
2. Cost Feasibility Based Upon Return of Investment 40 points
3. Contributed Capital by Individual or Business 20 points
Points Maximum 100 Points
The responsibility for rating each request will be with the Director of Hamett
County Department of Public Utilities or the designee of the Director. A
minimum score of 50 points is required in order for the Hamett County Board of
Commissioners to consider the request.
Section 29 .4 Extensions Outside of County.
(a) HCDPU has no responsibility to provide water or sewer service to property located
outside the County. However, upon request, HCDPU may extend its water or sewer
lines to serve properties outside the County when it determines that it is in the
County's best interest to do so.
(b) Any owner of property outside the County who seeks an extension ofHCDPU's
water or sewer system to serve the property shall submit an application for
extension to HCDPU. The owner shall provide all information HCDPU deems
necessary to determine whether the requested extension is feasible and in the
County's best interest.
(c) The responsibility for, and the entire cost of, extending a water or sewer
line to serve property outside the County shall be borne by the property
owner requesting the extension.
Section 29.5 Extensions Made by Other than HCDPU Personnel.
(a) Extensions of HCDPU 's water or sewer system installed by other than HCDPU
personnel, whether inside or outside the county, shall be installed by a licensed
utility contractor in accordance with the provisions of this policy as well as other
31
071618a HC BOC Page 163
HCDPU specifications and requirements. Among other matters, such
specifications shall govern the size of all lines, their locations, grades, materials
used, manner of installation and provision for future extensions.
(b) No construction or any addition to HCDPU's water or sewer system shall
commence until detailed plans have been reviewed and approved by the Director of
the Hamett County Department of Public Utilities or the designee of the Director.
Such plans shall include whatever information the administrator deems necessary to
determine whether the proposed extension complies with all applicable HCDPU
specifications and requirements.
(c) Water lines intended for addition to HCDPU owned water system will be allowed
to connect to the system if installed within the rights-of-way of a dedicated street or
if adequate permanent easements are provided. Sewer lines shall also be installed
within public street rights-of-way wherever practical, but HCDPU may accept
sewer lines constructed on private property (where the topography makes this
necessary) if adequate permanent easements are provided.
(d) To protect street surfaces, HCDPU shall require that whenever extensions of water
or sewer lines are made to properties or within new subdivisions, laterals be
extended to all properties expected to tap onto such water or sewer lines.
Section 29.6 Observation by HCDPU of Work Done by Others.
(a) All work on the extension of water or sewer lines not performed by
HCDPU forces (whether inside or outside the county), shall be subject to
observation by HCDPU. If, in the judgment of the Director of Hamett County
Department of Public Utilities, or the Director's designee, there is a demonstrated
lack of competent supervision by a contractor, the administrator may at his option:
1. Stop work until approved supervision is obtained and the work is done in
accordance with HCDPU specifications and requirements;
or
2. Provide observation by HCDPU personnel.
(b) Observation of a project by HCDPU does not consist of or imply supervision. The
person requesting the extension is solely responsible for ensuring that the project is
completed according to State approved plans and HCDPU specifications.
Section 29.7 Dedication of Water and Sewer Line Extensions.
(a) All water and sewer mains constructed and connected with the water and/or sewer
facilities of HCDPU pursuant to this section shall be conveyed to and become the
32
071618a HC BOC Page 164
property ofHCDPU upon completion and acceptance by HCDPU. Connection to
the system and acceptance by HCDPU shall constitute dedication of a water or
sewer main extension by the person responsible for the extension.
(b) Following dedication as provided in Subsection (a), HCDPU shall have exclusive
control of all water or sewer lines and shall be responsible for their maintenance,
repair and operation . However, the conveyor of additions to the system shall
guarantee the entire project against defective material and workmanship for a
period of twelve (12) months from the date of acceptance of the project, including
such incidental damages as may arise from such claims.
Section 30. Delinquent Service Fees.
(a) Except as provided in subsection (e) of this section, when a consumer shall
have failed to pay his account (as specified in subsection c of this section)
by the due date set forth on his bill, a delinquent service fee shall be
imposed upon him and the amount of such fee shall be added to the balance
due.
(b) The amount of the delinquent service fee provided for in this section shall be
the sum often ($10.00) dollars .
(c) A consumer shall have failed to pay hi s account when the full amount charged
to him for service supplied as stated on his bill has not been paid over to and
received by HCDPU by 5:00p.m. on the due date set forth on the bill .
( d) The bill which shall be mailed to a consumer setting forth the charges due for
services supplied, shall state the due date, the amount of the bill if paid by the due
date, the amount of the bill if paid after the due date and shall further state that if
payment is not made by the due date that the delinquent service fee will be charged.
(e) When a consumer has paid all bills rendered to him by the due date set forth
on each bill for twelve consecutive billing periods, should that consumer then make
a payment after a due date, the delinquent service fee shall be waived for that
period .
Section 31. Sprinkler Connections.
(a) Application for Full Service and Retrofitted Sprinkler Connections shall be made
in person at HCDPU. Forms to be used in application processing shall be
administratively prepared and matters otherwise associated with service
application shall be processed pursuant to and in accordance with the rules,
regulations, policies and/or procedures applicable to the service district within
which the premises to be served is located .
33
071618a HC BOC Page 165
(b) The same schedule of connection or tap -on-fees applicable in the service
district within which the premises to be served is located shall apply with
respect to Full Service Sprinkler Connections.
(c) The following schedule of connection or tap-on-fees shall apply in all
service districts to the Retrofitted Sprinkler Connection:
2 inch connection
I 1/2 inch connection
1 inch connection
3/4 inch connection
$1 ,600.00
700.00
450.00
300.00
(d) The same schedule of rates, including the monthly minimum charge,
applicable in the service district within which the premises to be served is
located shall apply with respect to Full Service Sprinkler Connections. No
sewer charges shall be made to the Consumer based upon the water
consumption of the Full Service Sprinkler Connection .
(e) The same schedule ofrates applicable in the service district within which the
premises to be served is located shall apply with respect to Retrofitted Sprinkler
Connections. No monthly minimum charge will be made except during those
months when the connection has been used. No sewer charges shall be made to
the Consumer based upon the water consumption of the Retrofitted Sprinkler
Connection.
(e) Except as specifically provided in this Section, all of the other rules,
regulations, policies and/or procedures applicable to the service district
within which the premises to be served is located shall be applicable with
respect to Full Service and Retrofitted Sprinkler Connections.
Section 32. Provision for Cut-Off Valve
Any person desiring to connect to a water supply and distribution system owned and/or operated
by HCDPU shall be required to install a cut-off valve of a minimum size of 3/4" onto the service
line running fron:i the meter box to the consumer's premises . This cut-off valve shall be located
within twelve (12) inches of the connection of the customer's service line to the meter box. A
diagram showing a typical installation of such cut-off valve is attached hereto and made part of
this section.
This section shall be enforceable in addition to the minimum requirements of the North Carolina
State Building Code regarding plumbing and placement of cut-off valves.
34
071618a HC BOC Page 166
Duly Adopted this 16th of July 2018, upon motion made by Commissioner _______ _
and adopted by the following vote:
Ayes Noes Absent ----------------
Attest:
Board of Commissioners of the County Harnett County
By: ______________ _
Gordon Springle, Chairman of the Board and of the
Governing body of the Water and Sewer Districts of
Hamett County. ·
Margaret Regina Wheeler, Clerk to the Board
and to the Water and Sewer Districts of
Hamett County.
35
071618a HC BOC Page 167
Agenda Item ___ 8;.__
NOTICE OF PUBLIC HEARING
The Harnett County Board of Commissioners will hold a public hearing concerning economic
development appropriations as set forth in the Hamett County, North Carolina budget for the
fiscal year beginning July 1, 2018. This portion of the budget which includes expenditures for
the Harnett County Economic Development Department as well as an appropriation for a
specific economic development incentive is available in the office of Clerk to the Board, County
Administration Building, 420 McKinney Parkway, Lillington, North Carolina, for public
inspection. The public hearing shall take place on Monday, July 16 , 2018 at 7:00 o'clock p.m.
during the regular meeting of the Board of Commissioners at the County Commissioners'
meeting room in the Harnett County Administration Building, located at 420 McKinney
Parkway, Lillington, NC 27546. At that time, any person who wishes to be heard concerning the
economic development appropriations may appear before the Board.
The total expenditure budget for economic development matters is $1,111 ,268. Of that amount
there is one specific incentive to be paid pursuant to a previously adopted Economic
Development Incentive Agreement in the form of a partial reimbursement of local ad valorem
taxes paid by the applicant. The specific incentive is as follows :
a) The Rooms To Go Distribution Company, LLC Agreement for the new Rooms
To Go facility in Dunn, NC (up to $352,107).
The budget also includes a marketing effort for the Moncure Megasite in the amount of $10,000
and continued deferment of $100,000 reduced land purchase pursuant to the previously adopted
Economic Development Incentive Agreement with Treyburn Realty, LLC (Quick Lane Tire &
Auto Center).
T hi s public hearing is required in accordance with N.C. General Statute §158-7.1.
This the 5th day of July , 2018.
Hamett County Board of Commissioners
071618a HC BOC Page 168
NOTICE OF PUBLIC HEARING
The Hamett County Board of Commissioners will hold a public hearing
concerning economic development appropriations as set forth in the Harnett
County, North Carolina budget for the fiscal year beginning July 1, 2018.
This portion of the budget which includes expenditures for the Harnett
County Economic Development Department as well as an appropriation for a
specific economic development incentive is available in the office of Clerk to
the Board, County Administration Building, 420 McKinney Parkway, Lilling-
ton, North Carolina, for public inspection. The public hearing shall take place
on Monday, July 16, 2018 at 7:00 o'clock p.m. during the regular meeting
of the Board of Commissioners at the County Commissioners' meeting room
in the Harnett County Administration Building, located at 420 McKinney
Parkway, Lillington, NC 27546. At that time , any person who wishes to be
heard concerning the economic development appropriations may appear
before the Board.
The total expenditure budget for economic development matters is
$1,111,268. Of that amount there is one specific incentive to be paid
pursuant to a previously adopted Economic Development Incentive
Agreement in the form of a partial reimbursement of local ad valorem
taxes paid by the applicant. The specific incentive is as follows :
a) The Rooms To Go Distribution Company, LLC Agreement for the new
Rooms To Go facility in Dunn, NC (up to $352,107).
The budget also includes a marketing effort fQr the Moncure Megasite in the
amount of $10,000 and continued deferment of $100,000 reduced land pur-
chase pursuant to the previously adopted Economic Development Incentive
Agreement with Treybum Realty, LLC (Quick Lane Tire & Auto Center).
This public hearing is required in accordance with N.C. General Statute
§158-7 .1.
This the 5th day of July, 2018.
Harnett County Board of Commissioners
7/5/18
071618a HC BOC Page 169
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Activities Summary
Agenda Item --=9~......;
Julv 1, 2017 -June 30, 2018 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun lroTAL AVG.
Front Desk -Check-in Aooointments 993 1364 1360 1206 1001 834
Health Clinics
1039 1092 1026 1015 1010 989 12929 1077.4
Adult Women Wellness Clinic 3 3 2 2 1 3 4 4 5 5 0 3 35 2.9167
Care Coordination for Children 7CC4C) 260 290 268 257 283 279 290 280 227 211 211 207 3063 255.25
Child Health -Sick Clinic 75 110 136 127 147 107 107 142 158 104 96 109 1418 118.17
Child Health -Well Clinic 82 183 167 120 72 43 65 91 76 73 60 69 1101 91.75
Countv Emolovee Health Clinic 132 142 222 406 135 136 181 169 151 137 152 150 2113 176.08
Family Plannina 150 185 150 140 129 129 130 133 118 171 155 160 1750 145 .83
Immunizations 180 312 501 351 213 129 122 198 143 239 158 125 2671 222.58
Maternity (P renatal Clinic) 222 285 225 230 226 211 216 224 212 222 234 210 2717 226.42
OB Care Manaaement (OBCM) 210 173 156 138 99 108 83 97 95 87 106 108 1460 121.67
Postoartum Home Visits 10 28 15 20 28 21 25 30 25 29 18 26 275 22.917
Refer/Repeat Pao 1 1 0 2 3 1 1 0 0 0 0 0 9 0.75
STD Services 100 142 108 98 96 74 95 103 111 107 108 107 1249 104.08
TB Services 197 160 144 149 120 60 145 157 169 138 145 134 1718 143.17
Welcome Baby Home Visits 10 30 15 21 28 22 25 32 26 29 19 28 285 23.75
Total Services 1632 2044 2109 2061 1580 1323 1489 1660 1516 1552 1462 1436 19864 1655.3
Reoortable Disease Cases
Tuberculosis 0 0 0 0 0 0 0 0 0 0 0 0 0 0
HIV -(Quarterlv report) 0 0 0 0 0 0 0 0 0 0 0 0 0 0
AIDS -(Quarter1v reoort) 0 0 0 0 0 0 0 0 0 0 0 0 0 0
SYPHILIS -(Quarterly report) 2 1 0 0 0 0 0 0 0 0 0 0 3 0.25
OTHER STD's 13 21 16 12 15 12 30 28 37 53 55 37 329 27.417
Other (salmonella , camovlobacter, etc) 3 3 2 0 7 10 1 0 10 11 12 16 75 6.25
Total Services 18 25 18 12 22 22 31 28 47 64 67 53 407 33.917
Health Education
Outreach 288 579 303 688 327 371 241 424 386 4222 807 355 8991 749.25
Laboratorv Clients 589 830 793 711 645 560 660 732 662 646 672 755 8255 687.92
Laboratorv Tests 1269 1563 1352 1171 1139 1030 1137 1336 1334 1186 1381 1343 15241 1270.1
HIV Tests 141 186 155 137 138 107 132 151 172 134 150 170 1773 147.75
WIC Active Participation 3019 3068 3054 3053 3005 2940 2907 2945 2998 2913 2903 32805 2982.3
Vital Statistics •j
Births In Countv I 49 39 40 45 76 49 49 40 34 30 26 46 523 43.583
Births Out of Countv ~-.<.I 135 98 86 133 144 96 153 124 93 140 112 99 1413 117.75
Deaths -~ 67 67 66 63 58 62 70 71 77 56 55 66 778 64.833
Environmental Health
# of Improvement Aoos Confirmed 37 39 40 37 23 38 40 61 45 38 55 37 490 40.833
Number of Permits Issued 44 39 33 50 30 30 43 51 59 31 35 39 484 40.333
Number of Completions 45 52 38 41 42 53 31 44 51 41 55 50 543 45.25
Number of Existina Permits 22 30 23 50 28 28 28 29 34 32 30 39 373 31 .083
Reoair Permits Issued 15 5 3 3 3 10 5 10 13 9 10 5 91 7.5833
Permits Denied 0 1 2 1 0 0 0 0 1 0 0 1 6 0.5
Food and Loda ina
Establishments lnspect'd/Reinsoected 69 80 85 92 92 65 63 88 93 110 95 86 1018 84.833
Visits / Critical Voliations Verfication 21 24 26 58 29 29
Private Water Sunnlies
27 36 32 38 34 44 398 33.167
Annlications Received 14 17 2 2 9 11 9 18 16 6 5 7 116 9.6667
updated 07/05/2018
071618a HC BOC Page 173
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0
Recreational Fee
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A.M.P.I. ...........
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1
2
Environmental Health: E-Health Revenu
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1
3
Food & Lodging
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1
4
Public Utilities: Public Utilities R
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Fire Marshall: Fire Marshall Re
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1
6
II. Applications & Pe
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Permits: Permits Issued B
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Valuations: Permit Valuation
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FY 10-11 FY 11-12 FY 12-13 • FY 13-14 •FY14-15 FY 15-16 FY 16-17 FY 17-18 $1,400,0
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8
~~ HARNETT COUNTY Agenda Item 9
Harnett FINANCIAL SUMMARY REPORT
COUNTY
May, 2018
GENERAL FUND
FYE 2018 FYE 2018 Total
Same Period Department FYE 2016 FYE 2017
Adjusted Budget Activity Percent
Last Fiscal Year to Date
Governing Body $ 208,357 $ 272,690 $ 325,151 $ 354,061 108.89% $ 344,197
Administration 294,293 404,153 502,462 502,882 100.08% 520,084
Legal Services 53,919 95,207 171,203 282,694 165.12% 223,198
Human Resources 205,162 257,066 312,115 333,630 106.89% 305,811
Board of Elections 381,191 415,400 528,246 343,650 65.05% 374,959
Finance 811,001 848,360 1,021,531 1,092,319 106.93% 992,152
Insurance -Retirees 415,000 520,000 400,275 76.98% 291,764
Clerk of Court 81,438 92,784 102,625 93,009 90.63% 86,790
Tax 1,709,486 1,594,220 1,743,220 1,404,791 80.59% 1,424,135
General Services 158,173 156,539 201,883 184,345 91.31% 132,664
Fleet Maintenance 543,249 540,424 625,237 527,920 84.44% 482,474
Transportation 1,523,150 1,707,476 1,575,194 1,269,899 80.62% 1,442,209
Transportation -Admin 194,529 247,359 283,858 210,025 73.99% 182,383
Facilities Maintenance 3,667,427 2,700,087 3,004,508 2,362,987 78.65% 2,007,501
Register of Deed s 759,735 769,621 837,668 703,817 84.02% 682,192
Information Technology 1,787,734 1,962,777 2,223,238 2,051,018 92.25% 1,971,322
GIS 581,109 592,936 656,704 601,111 91.53% 593,376
Sheriff 9,677,549 9,596,512 10,699,916 8,961,654 83.75% 8,337,589
Campbell Deputies 442,623 461,128 521,648 422,615 81.02% 400,977
Sheriff's Department Grants 26,924 19,237 22,240 22,202 99.83% 7,461
Child Support Enforcement 66,653 79,381 84,647 63,687 75.24% 62,212
Governor's Highway Safety 123,300 62,802 50.93%
Communications 1,624,091 1,648,761 1,925,480 1,584,574 82.30% 1,439,881
School Resource Officers 682,489 738,896 778,555 657,135 84.40% 642,467
Jail 4,551,465 4,669,491 5,444,017 4,403,981 80.90% 4,013,115
Emergency Services 730,739 829,545 1,069,761 742,250 69.38% 712,740
Emergency Services Grant 58,000 54,017 44,268 81.95% 58,000
Emergency Medical Service 4 ,414,723 6,296,462 6,997,743 5,821,236 83.19% 5,433,528
EMS Tran sport 1,151,492 14 14
Re sc ue Districts 3,361,704 3,361,704 3,462,557 3,174,011 91.67% 3,081,558
Animal Services 438,575 437,729 554,475 441,818 79.68% 380,964
Medical Examiner 89,900 65,900 90,000 66,350 73.72% 55,850
JCPC Admin 6,886 5,016 3,837 3,537 92.18% 4,900
Public Safety Appropriations 71,908 75,36 1 88,403 57,881 65.47% 68,399
Emergency Telephone System
Radio System
Harnett Regional Jetport 198,422 189,136 284,277 174,021 61.22% 149,666
Soil & Water 178,736 177,452 198,518 132,825 66.91% 159,669
Environmental Protection 4,000 4,000 4,000 4,000 100.00% 4,000
Forestry Program 101,648 100,108 115,11 1 91,216 79.24% 83,332
Economic/Physical Dev . App. 509,983 575,679 775,000 679,014 87.61% 472,027
U :\M v Oocuments\Monthty Reports\2017 -20 18\M ay 2018 -Financial St atement s 1
071618a HC BOC Page 199
r-y~ HARNETI COUNTY 6/26/2018
Harnett
COUNTY
FINANCIAL SUMMARY REPORT
---
' '
May, 2018
GENERAL FUND
FYE 2018 FYE 2018
Total
Same Period Department FYE 2016 FYE 2017
Adjusted Budget Activity Percent
Last Fiscal Year to Date
Industrial Development 436,558 1,017,433 1,266,367 880,653 69 .54% 603,842
Development Services 1,309,860 1,363,085 1,544,371 1,265,184 81.92% 1,226,894
Community Development (BG) 192 19,116 31,997 (206) 19,091
Abandoned MFG Home 32,171 23,216 24,126 20,184 83.66% 18,959
Cooperative Extension 314,013 364,853 441,981 298,604 67.56% 327,227
CCR&R -Block Grant 24,494 25,877 26,333 13,404 50.90% 21,426
CCR&R -United Way 150
Parents As Teachers 59,354
Adolescent Parenting 76,776 77,605 71,408 66,325 92.88% 67,734
4-H Teen Court & At Risk 72,035 45,234 54,000 43,290 80.17% 37,931
Child Care Youth Training
Race to the Top 4,034 657 657
Adolescent Parenting -BJRH
Special Programs 30,035 20,764 52,483 28,980 55.22% 18,645
Department on Aging 315,244 316,827 337,294 284,994 84.49% 264,789
Family Caregiver Support 61,164 67,657 75,144 60,767 80.87% 60,250
RSVP 77,5 11 83,864 90,228 72,959 80.86% 70,498
CAP -Disabled Adults 329,421 324,799 3 74,045 313,857 83.91% 285,704
Nut ritio n for Elderly 432,337 405,411 441,270 357,597 81.04% 328,519
Health 6,082,878 5,745,786 6,394,640 4,845,991 75.78% 4,935,966
Menta l Health 605,679 605,679 605,679 605,679 100.00% 605,679
Social Services 10,324,942 12,216,121 12,713 ,027 10,359,744 81.49% 10,148,699
Public As sista nce 9,351,002 9,118,139 9,214,313 5,382,080 58.41% 8,224,165
Veteran's Services 180,399 213,802 270,472 217,556 80.44% 181,987
Restitution 103,322 101,763 120,949 75,329 62.28% 86,376
Human Services App . 136,805 36,059 45,000 31,103 69 .12% 28,223
Libr ary 910,122 971,658 1,162,803 900,977 77.48% 815 ,7 69
Cultural & Recreational App. 153,000 185,000 184,014 181,014 98.37% 185,000
Parks & Recreatio n 435 ,005 800,422 1,024,702 818,254 79.85% 692,295
Education
Board of Education -re serve
Board of Education -add teach 72,542 524,195 483,691 92.27% 69,732
Board of Education -current 21,267,993 21,420,138 21,068,027 19,312,358 91.67% 19,635,127
Board of Education -capital 280,707 122,625 2,164,583 1,141,018 52.71% 122,625
Boa rd of Education -teachers 993,967 1,055,200 1,776 ,084 1,776,084 100.00% 1,055,200
Central Carolina -current 1,019,467 1,080,450 990,413 91.67% 9 34,511
Central Ca rolina -capital 26,197 30,000 28,595 95.32% 26,197
Central Carolina -health science: 731,974
Ce ntral Carolina -works
Central Carolina -DOT 70,000
Subtotal -Operating
$ 95,761,633 Expenditures $ 100,328,607 $ 111,142,330 $ 91,185,988 82.04% $ 89,457,251
U:\My Oocume nts\Mont hly Re parts\2017 -2018\May 2018 -Financial State m ents 2 071618a HC BOC Page 200
~~ HARNETT COUNTY 6/26/2018
Harnett FINANCIAL SUMMARY REPORT
COUNTY
May, 2018
GENERAL FUND
FYE 2018 FYE2018
Total
Same Period Department FYE 2016 FYE 2017 Adjusted Budget Activity
Percent
Last Fiscal Year to Date
lnterfund Transfers 2,145,446 3,628,409 2978167 1,903,167 63.90% 1,454,409
Debt Service
Interest 4,745,868 3,852,362 4,694,305 4,542,043 96.76% 3,797,415
Principal 11,551,602 13,660,527 14,596,843 14,511,973 99.42% 12,902,280
Cost of Issuance 213,601 (3,131) 10,000 3,775 37.75% (3,131)
Other Financing Uses 36,177,890
Contingency 215,337
Subtotal Other Financing
$ 54,834,407 $ 21,138,167 $ Uses: 22,494,652 $ 20,960,958 93.18% $ 18,150,973
Total Expenditures $ 150,596,040 $ 121,466,774 $ 133,636,982 $ 112,146,946 83.92% $ 107,608,224
FYE 2018 FYE 2018
Total
Same Period Source FYE 2016 FYE 2017 Percent Adjusted Budget Activity
to Date
Last Fiscal Year
Ad Valorem Taxes
Real and Personal $ 55,082,717 $ 56,335,636 $ 55,393,772 $ 55,996,166 101.09% $ 56,344,748
Motor Vehicles 6,190,412 6,637,839 6,146,212 5,720,467 93 .07% 5,429,391
Sales Tax 19,279,813 20,518,531 20,655,250 14,781,174 71.56% 13,913,381
Other taxes 1,220,493 1,259,723 1,325,000 1,144,316 86.36% 1,096,607
Permits & Fees 2,965,577 2,961,556 3,893,090 2,542,254 65.30% 2,640,064
Intergovernmental Revenue 20,274,012 18,900,426 22,285,443 13,475,619 60.47% 15,306,251
Sales & Services 9,204,896 9,857,148 8,286,349 7,211,899 87.03% 9,089,872
Other Revenues 3,343,042 3,204,306 6,285,062 2,782,678 44.27% 2,952,939
Rents, Concessions & Fee s 73,655 67,075 74,808 69,263 92.59% 61,831
Subtotal -Operating $ 117,634,617 $ 119,742,240 $ 124,344,986 $ 103,723,836 83.42% $ 106,835,084 Revenues
Investment Earnings 97,339 247,493 225,000 460,237 204.55% 178,769
Other Financing Sources 37,018,000 24,951
lnterfund Transfers 7,501 1,657,613 6,264,889 9,012 0.14%
Fund Balance Appropriated 2,802,107
Subtotal Other Financing
$ 37,122,840 $ 1,930,057 $ 9,291,996 $ 469,249 5.05% $ 178,769 Sources:
Total Revenues $ 154,757,457 $ 121,672,297 $ 133,636,982 $ 104,193,085 77.97% $ 107,013,853
Revenues over/ (under)
$ expenditures
4,161,417 $ 205,523 $ (7,953,861} $ (594,370)
U:\My Oocumen ts\Monthlv Reports\2017 -2018\Mav 2018 . Financia l Statements 3
071618a HC BOC Page 201
~~ HARNETI COUNTY 6/26/2018
Harnett
COUNTY
FINANCIAL SUMMARY REPORT
May, 2018
GENERAL FUND
Cash and Investments
PNC Regions MBS NCCMT Total
May 2018 8,898,291 1,004,448 14,766,685 5,062,010 29,731,434
April 2018 $ 12,886,383 $ 1,003,681 $ 14,773,770 $ 5,054,169 $ 33,718,002
March 2018 $ 19,890,955 $ 1,002,939 $ 14,773,770 $ 5,047,045 $ 40,714,709
February 2018 $ 22,170,874 $ 1,002,247 $ 14,789,794 $ 5,041,201 $ 43,004,116
January 2018 $ 28,841,128 $ 1,001,432 $ 12,844,050 $ 5,030,757 $ 47,717,367
December 2017 $ 13,800,471 $ 1,000,000 $ 14,823,361 $ 5,025,186 $ 34,649,018
November 2017 $ 17,599,360 $ 1,000,000 $ 11,855,892 $ 5,020,334 $ 35,475,586
October 2017 $ 12,391,103 $ $ 13,834,305 $ 5,015,388 $ 31,240,796
September 2017 $ 9,026,314 $ $ 13,051,245 $ 5,010,651 $ 27,088,210
August 2017 $ 8,262,632 $ $ 12,825,076 $ 5,005,796 $ 26,093,504
July 2017 $ 10,008,526 $ $ 12,833,501 $ 5,001,060 $ 27,843,087
June 2017 $ 15,955,001 $ $ 12,833,501 $ 5,001,060 $ 33,789,562
May 2017 $ 18,829,971 $ $ 12,883,875 $ 5,000,000 $ 36,713,847
April 2017 $ 24,350,798 $ $ 12,883,875 $ 5,000,000 $ 42,234,673
March 2017 $ 37,665,559 $ $ 10,900,020 $ $ 48,565,578
February 2017 $ 34,566,540 $ $ 10,900,020 $ $ 45,466,559
January 2017 $ 38,368,671 $ $ 10,900,020 $ $ 49,268,690
December 2016 $ 26,302,000 $ $ 10,399,391 $ $ 36,701,391
Cash Flow
$55 ,000,000
$45,000,000
$35,000,000
$25,000,000
U:\My Documents\Monthly Reports\2017 -2018\May 2018 -Financial Statements 4
071618a HC BOC Page 202
~~ HARNETT COUNTY
FINANCIAL SUMMARY REPORT
6/26/2018
Harnett
COUNTY .,
May, 2018
GENERAL FUND
Estimated Fund Balance
In the governmental fund financial statements, fund balance is composed of five classifications designed to disclose the hierarchy of
constraints placed on how fund balance can be spent. They are as follows:
Non-Spendable Fund Balance -
Restricted Fund Balance -
This classification includes amounts that cannot be spent because they are either (a) not in spendable
form or (b) legally or contractually required to be maintained intact.
The classification includes amount that are restricted to specific purposes externally imposed by
creditors or imposed by law.
This classification represents the portion of fund balance that can only be used for specific purposes
Committed Fund Balance -imposed by majority vote by a quorum of the County Commissioners, that can by adoption of an
ordinance, commit fund balance.
Assigned Fund Balance -
Unassigned Fund Balance -
Non Spendable
Restricted
Committed
Assigned
Unassigned
Total General Fund
General Fund Expenditures
Unassigned Fund Balance
as a % of Expenditures
That portion of fund balance that the County intends to use for specific purposes. The County
Commissioners have the authority to assign fund balances.
This classification represents the portion of fund balance that has not been assigned to another fund or
is not restricted, committed, or assigned to specific purposes within the general fund.
2013 2014 2015 2016 2017
$ 451,088 $ 111,181 $ 159,625 $ 1,418,606 $ 232,245
$ 9,433,149 $ 9,260,952 $ 11,496,063 $ 11,966,027 $ 9,068,575
$ $ $ $ $
$ $ 3,193,811 $ 2,600,000 $ $
$ 17,959,942 $ 18,732,095 $ 19,417,388 $ 26,311,973 $ 32,547,008
$ 27,844,179 $ 31,298,039 $ 33,673,076 $ 39,696,606 $ 41,847,828
$ 101,852,867 $ 103,330,529 $ 108,508,715 $ 112,272,703 $ 119,688,680
17.63% 18.13% 17.89% 23.44% 27.19%
U:\My Documents\M onthly Reports \2017 -20 18\May 2018 · Financial Statements 5
071618a HC BOC Page 203
~~
Harnett
COUNTY
21.00 %
11.00%
HARNETT COUNTY
FI NANCIAL SUMMARY REPORT
May, 2018
GENERAL FUND
Fund Balance %
T CD 49 a, , , '.
2013 2014 2015 2016 2017
The Harnett County Board of Commissioners have approved a fund balance policy which strives to
maintain a minimum fund balance of 15%.
U;\My Oocu me nt s\Mo nthly Re ports\2017 . 2018\May 2018 ~ Financial State me nts
6/26/2018
6
071618a HC BOC Page 204
~~ HARNETT COUNTY 6/26/2018
Harnett FINANCIAL SUMMARY REPORT
COUNTY
May, 2018
PUBLIC UTILITIES FUND
FYE 2018 FYE 2018 Total Same Period Department FYE 2016 FYE 2017 Adjusted Budget Activity Percent Last Fiscal Vear to Date
Admin/CSR/Meter Services $ 3,452,612 $ 4,068,457 $ 6,800,473 $ 4,512,568 66.36% $ 6,728,909
Water Treatment 4,376,387 4,701,727 5,789,326 4,062,865 70.18% 3,768,817
Wastewater Treatment 2,005,668 2,442,732 3,220,710 2,345,952 72.84% 1,832,507
Wastewater Treatment SHWW 1,993,304 2,312,626 2,863,061 1,885,193 65.85% 1,760,521
Distribution 3,634,241 4,079,847 4,669,659 3,193,686 68.39% 3,180,839
Collections 2,742,752 3,509,807 4,648,786 3,059,588 65.81% 2,821,148
Subtotal -Operating
$ 18,204,964 $ 21,115,196 $ 27,992,015 $ 68.09% $ Expenditures 19,059,852 20,092,741
lnterfund Transfers 11,684,213 1,996,590 1,996,590 100.00%
Depreciation 9,327,622 9,488,101
Debt Service 1,070,704
Interest 2,250,846 1,658,566 1,299,561 78.35% 1,738,661
Principal 3,113,936 3,162,027 2,946,027 93.17% 2,835,342
Subtotal Other Financing
$ 10,398,325 $ 26,537,096 $ Uses: 6,817,183 $ 6,242,178 91.57% $ 4,574,003
Total Expenditures $ 28,603,289 $ 47,652,292 $ 34,809,198 $ 25,302,030 72.69% $ 24,666,744
FYE 2018
Total Same Period Source FYE 2016 FYE 2017 FYE 2018 Percent Adjusted Budget Activity to Date Last Fiscal Vear
Intergovernmental Revenue $ 3,703 $ 3,703 $ 3,703 $ 3,703 100.00% $ 3,703
Sale s & Services 32,563,219 35,382,681 32,117,905 32,202,002 100.26% 29,900,882
Other Revenues 3,704,119 5,091,063 691,000 783,043 113.32% 625,657
Rents, Concess . & Feees 2,105 (3,018) 22,124 5,682
Subtotal -Operating
$ 36,273,146 $ 40,474,429 $ Revenues 32,812,608 $ 33,010,872 100.60% $ 30,535,924
Other Finan ce Sources 320,484 52,357
lnterfund Transfers 450,000 45,034
Fund Balance Appropriated 1,996,590
Subtotal Other Financing
$ 770,484 $ 45,034 Sources: $ 1,996,590 $ 52,357 2.62% $
Total Revenues $ 37,043,630 $ 40,519,463 $ 34,809,198 $ 33,063,229 94.98% $ 30,535,924
Revenues over/ (under)
expenditures $ 8,440,341 $ (7,132,829} $ 7,761,199 $ 5,869,180
U:\My Documents\Monthly Reports\2017 -2018\M ay 2018 -Financial Statements 7 071618a HC BOC Page 205
~~ HARNETT COUNTY 6/26/2018
Harnett FINANCIAL SUMMARY REPORT
COUNTY
May, 2018
PUBLIC UTILITIES FUND
Cash and Investments
PNC Lockbox MoneyMkt NCCMT Total I May 2018 $ 24,549,937 $ 8,702,997 $ 5,029,608 $ 57,652 s 38,340,195
April 2018 $ 22,572,546 $ 8,216,795 $ 5,024,507 $ 38,039 $ 35,851,887
March 2018 $ 22,572,546 $ 8,216,795 $ 5 ,024,507 $ 38,039 $ 35,851,887
February 2018 $ 26,782,449 $ 8,062,325 $ 5 ,022,580 $ 31,099 $ 39,898,454
January 2018 $ 30,506,523 s 7,782,284 $ 5,018,391 $ 30,919 $ 43,338,118
December 2017 $ 28,953,329 $ 7,750,772 $ 5,016,260 $ 30,526 $ 41,750,887
November 2017 $ 27,807,215 $ 7,213 ,780 $ 5,014,199 $ 30,382 $ 40,065,576
October 2017 $ 26,818,623 $ 6,886,050 $ 5,012,069 $ 29,701 $ 38,746,444
September 2017 $ 25 ,541,516 $ 6,526,813 $ 5,010,010 $ 27,553 $ 37,105,892
August 2017 $ 24,609,773 $ 6 ,454,907 $ 5,007,882 $ 27,402 $ 36,099,964
July 2017 $ 23,098,741 $ 5,739,955 $ 5,005,756 $ 26,874 $ 33,871,325
June 2017 $ 22,125,214 $ 5,549,386 $ 5,005,756 $ 26,474 $ 32,706,830
May 2017 $ 25,982,342 $ 5,236,513 $ 5,003,631 $ 624,363 s 36,846,849
April 2017 $ 32,934,935 $ 4,914,027 $ 5,001,575 $ 614,100 $ 43,464,638
M arch 2017 $ 31,893,934 $ 9,713,915 $ $ 599,368 $ 42,207,217
February 2017 $ 35,929,010 $ 4,553,808 $ $ 588,943 $ 41,071,761
January 2017 $ 34,586,445 $ 4,491,557 $ $ 588,277 $ 39,666,278
December 2016 $ 33,153,787 $ 4,255,513 $ $ 588,277 $ 37,997,576
Cash Flow
$45,000,000
$40,000,000
$35,000,000
$30 ,000,000
U:\My Oocuments\Monthly Reports\2017 -20 18\M ay 20 18 -Fina ncial Statements 8 071618a HC BOC Page 206
r-:;~ HARNETI COUNTY 6/26/2018
Harnett FINANCIAL SUMMARY REPORT COUNTY
May, 2018
SOLID WASTE FUND
FYE 2018 FYE 2018 Total
Same Period Department FYE 2016 FYE 2017
Adjusted Budget Activity Percent
Last Fiscal Year to Date
Solid Waste $ 4,207,775 $ 5,468,996 $ 5,313,961 $ 4,172,186 78.51% $ 3,921,406
Subtotal -Operating
$ 4,207,775 $ 5,468,996 $ Expenditures 5,313,961 $ 4,172,186 78.51% $ 3,921,406
Other Financing Uses
lnterfund Transfers
Depreciation 445,290 584,770
Debt Service 88,150
Interest 87,349 66,027 66,024 100.00% 78,205
Principal 466,362 474,325 474,324 100.00% 907,148
Cost of Issuance
Subtotal Other Financing
$ 533,439 Uses: $ 1,138,481 $ 540,352 $ 540,348 100.00% $ 985,353
Total Expenditures $ 4,741,214 $ 6,607,477 $ 5,854,313 $ 4,712,534 80.50% $ 4,906,759
FYE 2018 FYE2018 Total
Same Period Source FYE 2016 FYE 2017 Percent Adjusted Budget Activity
to Date Last Fiscal Year
Taxes $ 268,129 $ 282,599 $ 250,000 $ 193,346 77.34% $ 216,910
Intergovernmental Revenue 133,790 60,036 90,000 10,287 11.43%
Sales & Services 5,313,693 5,731,760 5,335,248 5,408,936 101.38% 5,152,700
Other Revenues 139,437 2,472,394 3,700 45,036 1217.19% 63,025
Rents, Concess. & Feees 1,291 2,548 1,500 2,693 179.53% 1,657
Subtotal -Operating
$ 5,856,340 $ 8,549,337 $ Revenues 5,680,448 $ 5,660,298 99.65% $ 5,434,292
Other Finance Sources 917 185
lnterfund Tran sfers
Fund Balance Appropriated 173,680
Subtotal Other Financing
$ 917 $ Sources: $ 173,865 $ $
Total Revenues $ 5,857,257 $ 8,549,337 $ 5,854,313 $ 5,660,298 96.69% $ 5,434,292
Revenues over/ (under)
expenditures $ 1,116,043 $ 1,941,860 $ 947,764 $ 527,533
U:\Mv Documents\Monthty Reports\2017 -2018\May 2018 -Financial Statements 9 071618a HC BOC Page 207
~~ HARNETT COUNTY 6/26/2018
Harnett FINANCIAL SUMMARY REPORT
C O U_!!_! Y
' '
May, 2018
SOLID WASTE FUND
Cash and Investments
PNC BB&T First Bank NCCMT Total
May 2018 $ 184,366 $ 1,143,210 $ 1,067,012 $ 261,251 $ 2,655,839
April 2018 $ 634,963 $ 1,119,269 $ 1,037,313 $ 197,528 $ 2,989,074
March 2018 $ 1,153,950 $ 1,088,353 $ 1,006,545 $ 197,298 $ 3,446,145
February 2018 $ 1,256,443 $ 1,073,776 $ 993,141 $ 197,084 $ 3,520,444
January 2018 $ 1,463,498 $ 1,046,347 $ 971,956 $ 135,322 $ 3 ,617,122
December 2017 $ 1,607,649 $ 1,008,334 $ 937,891 $ 135,202 $ 3,689,077
November 2017 $ 1,558,757 $ 999,310 $ 928,889 $ 135,104 $ 3 ,62 2,059
October 2017 $ $ 973,412 $ 911,171 $ 66,727 $ 1,951,310
September 2017 $ $ 936,540 $ 886,499 $ 66,681 $ 1,889,720
August 2017 $ $ 624,648 $ 866,139 $ 66,634 $ 1,557,421
July 2017 $ $ 804,053 $ 846,637 $ 944 $ 1,651,635
June 2017 $ 189,827 $ 873,490 $ 822,923 $ 944 $ 1,887,184
May 2017 $ 146,657 $ 849,369 $ 798,541 $ 295,485 $ 2,090,052
April 2017 $ 252,605 $ 813,116 $ 768,637 $ 235 ,646 s 2,070,004
March 2017 s 697,465 s 796,560 s 738,482 s 316,381 s 2,548,889
February 2017 s 1,010,246 s 774,615 s 7 15,054 $ 316,381 s 2,816,296
January 2017 s 933,046 s 733,821 s 679,357 s 240,324 s 2 ,586,547
December 2016 s 1,221,468 s 712,87 4 s 660,335 s 159,310 s 2 ,753,988
Cash Flow
$4,000,000
$3,000,000
$2,000,000
U:\My Oocuments\Monthly Reports\2017 -2018\May 2018 . financial Statements 10 071618a HC BOC Page 208
~
~
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JU
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MAY 071618a HC BOC Page 210
~~
Harnett
COUNTY
Category
Fixed Cost
Claims Funded
Tran sfer to Capital Reserve
Total Expenditures
Source
Departmental Charge
Other revenues
Interest
Fund Balance Approp r iated
Total Revenues
Revenues over/ (under)
expenditures
HARNETT COUNTY
FINANCIAL SUMMARY REPORT
May, 2018
WORKER'S COMPENSATION FUND
FYE 2018 FYE 2018 FYE 2016 FYE 2017
Adjusted Budget Activity
$ 21,000 $ 198,426 $ 32,000 $ 181,278
1,243,316 2,743,792 1,093,000 720,000
455,537 455,537
$ 1,264,316 $ 2,942,218 $ 1,580,537 $ 1,356,815
FYE 2018 FYE2018 FYE 2016 FYE 2017
Adjusted Budget Activity
$ 1,711,483 $ 1,599,984 $ 975,000 $ 628,518
441,714 2,563,155 150,000 173,330
6,243
455 ,537
$ 2,153,197 $ 4,163,139 $ 1,580,537 $ 808,091
$ 888,881 $ 1,220,921 $ (548,724)
U:\My Oocume nts\Mo nth ly Re ports \2017 -20 18\May 2018 -Fina ncia l Stat ements
6/26/2018
Total
Same Period Percent
last Fiscal Year to Date
566.49% $ 21,000
65.87% 3,010,116
100.00 %
85.85% $ 3,031,116
Total
Same Period Percent
to Date
Last Fiscal Year
64.46% $ 910,921
115.55% 2,541,109
51.13% $ 3,452,030
$ 420,914
13 071618a HC BOC Page 211
r-y~ HARNETT COUNTY 6/26/2018
Harnett FINANCIAL SUMMARY REPORT
COUNT Y
May, 2018
WORKER'S COMPENSATION FUND
Cash and Investments
PNC NCCMT Total I May 2018 $ 2,587,744 $ 1,587,822 $ 4,175,567
April 2018 $ 2,647,139 $ 1,585,153 $ 4,232,292
March 2018 $ 2,571,216 $ 1,583,295 $ 4,154,511
February 2018 $ 2,610,529 $ 1,581,579 $ 4,192,108
January 2018 $ 2,310,482 $ 1,211,772 $ 3,522,254
December 2017 $ 2,339,792 $ 1,211,772 $ 3,551,564
November 2017 $ 2,287,808 $ 1,211,772 $ 3,499,580
October 2017 $ 2,387,268 $ 1,211,772 $ 3,599,040
September 2017 $ 2,730,366 $ 1,211,772 $ 3,942,138
August 2017 $ 2,814,262 $ 1,211,772 $ 4,026,034
July 2017 $ 2,759,812 $ 1,211,772 $ 3,971,584
June 2017 $ 2,904,633 $ 1,211,772 $ 4,116,405
May 2017 $ 2,809,436 $ 1,211,772 $ 4,021,208
April 2017 $ 265,521 $ 1,211,772 $ 1,477,293
March 2017 $ 2,833,889 $ 1,211,772 $ 4,045,661
February 2017 $ 2,717,622 $ 1,211,772 $ 3,929,394
January 2017 $ 2,768,040 $ 1,211,772 $ 3,979,812
December 2016 $ 2,687,499 $ 1,211,772 $ 3,899,271
Cash Flow
5,000,000
4,000,000
3,000,000
2,000,000
1~" ~~~(,~ 9:-'0~¢, ~ ~~ ~~ ~ ~'?' 5o
<t..~<o ,j" ~~ ~<o ~<,; ~~ ~ ~ 'i ~c ~~ 60 ~<o 0v ~~ <::> ~o 0 ~~ ~ ~ ~ ¢-,f} ~
U:\M v Documents\Mont hty Reports\20 1.7 . 2018\May 2018 · Financial Stat ements 14 071618a HC BOC Page 212
~~
Harnett
COUNTY
'
Liabi lity as of July 1
Current year claims and
changes in estimates
Actual cla im payments
Liab ility as of end of month
HARNETT COUNTY
FINANCIAL SUMMARY REPORT
May, 2018
WORKER'S COMPENSATION FUND
$ 2,573,365
477,514
179,136
$ 2,871,742
Liability
# of Claims this
fiscal year
U:\My Oocuments\Monthly Rep orts\2017 • 2018\May 2018 · Financial Statements
6/26/2018
81
15 071618a HC BOC Page 213
~~ HARNETI COUNTY 6/26/2018
Harnett
C OUNTY
FINANCIAL SUMMARY REPORT
"'
May, 2018
EMPLOYEE CLINIC FUND
FYE 2018 FYE 2018 Total
Same Period Department FYE 2016 FYE 2017
Adjusted Budget Activity Percent
Last Fiscal Year to Date
Employee Clinic $ 140,835 $ 150,473 $ 175,301 $ 147,701 84.26% $ 130,992
Total Expenditures $ 140,835 $ 150,473 $ 175,301 $ 147,701 84.26% $ 130,992
FYE 2018 FYE 2018 Total
Same Period Source FYE 2016 FYE 2017 Percent Adjusted Budget Activity
to Date Last Fiscal Year
Departmental Charge $ 242,612 $ 172,135 $ 175,301 $ 138,750 79.15% $ 135,120
Interest 162
Fund Balance Appropriated
Total Revenues $ 242,612 $ 172,135 $ 175,301 $ 138,912 79.24% $ 135,120
Revenues over/ (under)
expenditures $ 101,777 $ 21,662 $ (8,789) $ 4,128
U:\My Documents\Monthly RePorts\2017 -2018\Mav 20 18 -Financia l Statements 16
071618a HC BOC Page 214
~~
Harnett
COUNTY
"
May 2018
April 2018
March 2018
February 2018
January 2018
December 2017
November 2017
October 2017
September 2017
August 2017
July 2017
June 2017
May 2017
April 2017
March 2017
February 2017
January 2017
December 2016
$690,000
$680,000
$670,000
$660,000
$650,000
¢-~
HARNETT COUNTY
FINANCIAL SUMMARY REPORT
May, 2018
EMPLOYEE CLINIC FUND
Cash and Investments
PNC
s 640,894 $ s 624,433 s s 647,934 s
$ 647,192 s s 632,311 s s 631,457 $
$ 639,213 $
s 640,629 $
$ 640,059 $
$ 639,388 $
$ 627,671 $
$ 638,529 $
s 643,317 s
$ 645,207 $
$ 642,930 $
$ 644,551 $
$ 641,202 $
s 641,529 $
Cash Flow
U:\My Oocuments\Monthly Reports\2017 . 2018\May 2018 · Financial Statements
6/26/2018
NCCMT Total I
40,408 $ 681,302
40,339 s 664,772
40,291 s 688,225
40,246 s 687,438
29,241 $ 661,552
29,241 $ 660,698
29,241 $ 668,454
29,241 $ 669,870
29,241 $ 669 ,300
29,241 $ 668,629
29,241 $ 656,913
29,241 $ 667,771
29,241 $ 672,559
29 ,241 $ 674,448
29 ,241 $ 6 72,171
29,241 $ 673,792
29,241 s 670,443
29,241 $ 670,770
17
071618a HC BOC Page 215
~~
Harnett
COUNTY
May
April
March
February
January
December
November
October
September
Augu st
July
June
May
2018
2018
2018
2018
2018
2017
2017
201 7
2017
2017
2017
2017
2017
200
180
160
140
120
100
80
60
40
20
0
HARNETT COUNTY
FINANCIAL SUMMARY REPORT
May, 2018
EMPLOYEE CLINIC FUND
Employee Clinic Utilization
I # of Visits I
152
137 Health Prevention
151
165
174 # Flu shots
131
135
153
133 # Pneumonia shots
142
132
120
185
Patient Flow
U:\My Docu ment s\Monthly Reports\2017 -2018\May 2018 · Financia l Statements
6/26/2018
18 071618a HC BOC Page 216
~~ HARNETT COUNTY 6/26/2018
Harnett FINANCIAL SUMMARY REPORT
COUNTY ----
May, 2018
MEDICAL INSURANCE FUND
FYE 2018 FYE 2018 Total
Same Period Category FYE 2016 FYE 2017
Adjusted Budget Activity Percent
Last Fiscal Year to Date
Paid Claim s $ 6,818,253 $ 6,904,230 $ 7,150,000 $ 6,539,059 91.46% $ 6,103,954
Fixed Cost 634,709 704,945 982,000 705,891 71.88% 584,2 68
Wellness 8,355 2,919 10,000 5,096 50.96% 2,541
Total Expenditures $ 7,461,317 $ 7,612,094 $ 8,142,000 $ 7,2S0,046 89.0S% $ 6,690,763
FYE 2018 FYE 2018
Total
Same Period Source FYE 2016 FYE 2017 Percent Adjusted Budget Activity
to Date Last Fiscal Year
Medica l Premium Equivilents $ 7,892,453 $ 7,994,131 $ 8,100,000 $ 8,050,058 99.38% $ 6,647,269
Other revenues 26,178 19,851 42,000 6,789 16.16% 19,123
Interest 4 ,396
Total Revenues $ 7,918,631 $ 8,013,982 $ 8,142,000 $ 8,061,243 99.01% $ 6,666,392
Revenues over/ (under)
expenditures $ 4S7,314 $ 401,888 $ 811,197 $ {24,371)
U:\My Docum("nts\Mont hly Reports\2017 -2018\May 2018 -Financial St a t ements 19 071618a HC BOC Page 217
~~ HARNETT COUNTY 6/26/2018
Harnett FINANCIAL SUMMARY REPORT
COUNTY
May, 2018
MEDICAL INSURANCE FUND
Cash and Investments
PNC NCCMT Total *Number of Months
Average Monthly Cost on Hand
May 2018 $ 2,755,640 $ 1,118,243 $ 3,873,883 5.65
April 2018 $ 3,213,447 $ 1,116,364 $ 4,329,811 6.36
March 2018 $ 2,655,902 $ 1,115,056 $ 3,770,958 5.62
February 2018 $ 2,729,825 $ 1,113,846 $ 3,843,671 5 .60
January 2018 $ 2,642,643 $ 543,297 $ 3,185,941 4.64
December 2017 $ 2,724,166 $ 543,297 $ 3,267,463 4.76
November 2017 $ 2,724,166 $ 543,297 $ 3,267,463 4.76
October 2017 $ 2,503,575 $ 543,297 $ 3,046,872 4 .44
September 2017 $ 2,511,895 $ 543,297 $ 3,055,192 4.45
August 2017 $ 2,336,726 $ 543,297 $ 2,880,023 4.20
July 2017 $ 2 ,199,920 $ 543,297 $ 2,743,218 4 .00
June 2017 $ 1,911,518 $ 543,297 $ 2,454,816 3.58
May 2017 $ 2,028,010 $ 543,297 $ 2,571,307 3.75
April 2017 $ 2,033,963 $ 543,297 $ 2,577,260 3.76
March 2017 $ 1,870,174 $ 543,297 $ 2,413,471 3.52
February 2017 $ 2,024,627 $ 543,297 $ 2,567,925 3.74
January 2017 $ 2,084,544 $ 543,297 $ 2,627,841 3 .83
December 2016 $ 2,014,553 $ 543,297 $ 2,557,850 3 .73
• Ba se d on running average (18 month, see below) cost of claims.
Cash Flow
$4,400,000
$3,900,000
$3,400,000
$2,900,000
U:\My Oocuments\Monthly Reports\2017 -2018\May 2018 -Fi nancial Statements 20 071618a HC BOC Page 218
~~ HARNETT COUNTY 6/26/2018
Harnett FINANCIAL SUMMARY REPORT
COUNTY
May, 2018
MEDICAL INSURANCE FUND
Medical Paid Claims Summary
Employees&
Total Loss Premium Pre-65
Membership Net Paid Claims Fixed Cost
Ratio Equivalent Retirees
May 2018 I 873 1,331 $ 532,418.76 $ 62,794.89 ~7~ $ 729,687.82
April 2018 878 1,336 $ 690,936.21 $ 64,977.27 103.05% $ 733,556.92
March 2018 873 1,328 $ 987,547.70 $ 66,284.37 142.55% $ 739,264.99
February 2018 868 1,320 $ 674,392.56 $ 64,528.27 100.27% $ 736,956.69
January 2018 868 1,318 $ 496,888.52 $ 62,435.24 77.07% $ 725,712.40
December 2017 866 1,322 $ 764,148.08 $ 66,112.11 113.77% $ 729,765.50
November 2017 867 1,332 $ 761,805.97 $ 64,198.44 113.19% $ 729,765.50
October 2017 863 1,324 $ 581,206.37 $ 62,181.09 87.65% $ 734,013.78
September 2017 862 1,315 $ 614,099.71 $ 65,346.44 92.95% $ 731,001.65
August 2017 861 1,316 $ 465,032.05 $ 62,291.38 72.08% $ 731,553.84
July 2017 863 1,319 $ 565,579.25 $ 62,926.27 85.73% $ 733,143.41
June 2017 858 1,309 $ 707,456.46 $ 63,092.85 104.82% $ 735,091.65
May 2017 859 1,308 $ 585,092.44 $ 59,071.95 99.37" $ 648,269.01
April 2017 850 1,288 $ 426,323.43 $ 60,687.61 74.69% $ 652,008.78
March 2017 847 1,280 $ 700,824.81 $ 62,056.67 120.25% $ 634,433.13
February 2017 838 1,270 $ 697,396.28 $ 38,867.77 116.07% $ 634,310.54
January 2017 843 1,275 $ 451,584.71 $ 46,679.99 79.47% $ 626,993.27
December 2016 843 1,271 $ 562,043.76 $ 50,371.79 96.89% $ 632,074.10
Year to Date
(membership= avg) 860 1,309 $11,264,777.07 $ 1,084,904.40 97.88% $12,617,602.98
Medica l Plan Loss Ratio
175%
150%
125%
100%
75%
U:\My Docu ment s\Monthly Reports\2017 -2018\May 2018 -Fina ncial Stat ements 21 071618a HC BOC Page 219
~~ HARNETT COUNTY 6/26/2018
Harnett FINANCIAL SUMMARY REPORT
COUNTY
May, 2018
DENTAL INSURANCE FUND
FYE 2018 FYE2018 Total
Same Period Category FYE 2016 FYE 2017 Adjusted Budget Activity Percent Last Fiscal Year to Date
Paid Claims $ 295,849 $ 378,215 $ 425,000 $ 356,598 83.91% $ 340,806
Fixed Cost 36,698 37,022 50,000 44,403 88.81% 33,207
Total Expenditures $ 332,547 $ 415,237 $ 475,000 $ 401,001 84.42% $ 374,013
FYE 2018 FYE 2018 Total Same Period Source FYE 2016 FYE 2017 Activity Percent Adjusted Budget
to Date Last Fiscal Year
Dental Premium Equivilents $ 369,211 $ 490,944 $ 475,000 $ 434,137 91.40% $ 415,539
Interest 118
Total Revenues $ 369,211 $ 490,944 $ 475,000 $ 434,255 91.42% $ 415,539
Revenues over/ (under)
expenditures $ 36,664 $ 75,707 $ 33,254 $ 41,526
U:\My Documents\Monthly Reports\2017 -2018\May 2018 -Financial Stat ements 22 071618a HC BOC Page 220
~~ HARNETT COUNTY
Harnett FINANCIAL SUMMARY REPORT
COUNTY
May, 2018
DENTAL INSURANCE FUND
Cash and Investments
PNC NCCMT
May 2018 $ 352,968 $ 30,111 $
April 2018 $ 376,226 $ 30,060 $
March 2018 $ 344,934 $ 30,025 $
February 2018 $ 346,156 $ 29,993 $
January 2018 $ 342,004 $ $
December 2017 $ 338,261 $ $
November 2017 $ 322,359 $ $
October 2017 $ 312,464 $ $
September 2017 $ 318,326 $ $
August 2017 $ 331,188 $ $
July 2017 $ 325,009 $ $
June 2017 $ 315,701 $ $
May 2017 $ 311,609 $ $
April 2017 $ 313,273 $ $
March 2017 $ 294,393 $ $
February 2017 $ 296,096 $ $
January 2017 $ 290,366 $ $
December 2016 $ 290,231 $ $
• Based on running aver age (18 month, see below) cost of claims.
$425,000
$400,000
$375,000
$350,000
$325,000
$300,000
$275,000
Cash Fl ow
6/26/2018
Total *Number of Months
Average Monthl Cost on Hand
383,079 10.70
406,286 11.43
374,959 10.93
376,149 10.51
342,004 9.55
338,261 9.45
322,359 9.00
312,464 8 .73
318,326 8.89
331,188 9.25
325,009 9.08
315,701 8.82
311,609 8 .70
313,273 8 .75
294,393 8.22
296,096 8.27
290,366 8 .11
290,231 8.11
$250,000 -;~;~-;~;;-;;-:;-;:----;;---:;--cc_ ____ '--~¢-~" X' :\ ~ ~(.J ~~ ~
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" ~o o<., ~<,; ~ 4-'
U:\My Documents\M onthly Reports\2017 -2018\M ay 2018 -Financial Statements 23 071618a HC BOC Page 221
~~ HARNETI COUNTY 6/26/2018
Harnett FINANCIAL SUMMARY REPORT
COUNTY
May, 2018
DENTAL INSURANCE FUND
Dental Paid Claims Summary
Total Total Net Paid Fixed Cost Loss Premium
Employees Membership Claims Ratio Equivalent
May 2018 I 914 1,472 $ 35,608.70 $ 3,976.70 [101.31% $ 39,074.37
April 2018 918 1,479 $ 29,321.69 $ 4,016.03 84.86% $ 39,284.51
March 2018 912 1,469 $ 41,737.71 $ 3,972.33 115.43% $ 39,600.33
February 2018 907 1,461 $ 32,845.62 $ 3,981.07 93.03% $ 39,585.78
January 2018 902 1,454 $ 22,587.20 $ 3,963.59 68.12% $ 38,975.72
December 2017 902 1,456 $ 23,656.70 $ 3,950.48 70.85% $ 38,963.56
November 2017 902 1,456 $ 23,656.70 $ 3,950.48 70.85% $ 38,963.56
October 2017 898 1,458 $ 31,749.70 $ 3,937.37 90.76% $ 39,318.72
September 2017 897 1,452 $ 40,606.95 $ 3,911.15 113.17% $ 39,336.03
August 2017 892 1,443 $ 42,338.35 $ 3,902.41 113.76% $ 40,647.93
July 2017 890 1,443 $ 37,352.60 $ 3,893.67 101.81% $ 40,511.14
June 2017 878 1,401 $ 31,838.61 $ 3,815.01 86.37% $ 41,280.65
May 2017 877 1,401 $ 29,071.76 $ 3,828.12 84.48" $ 38,943.34
April 2017 867 1,386 $ 30,843.30 $ 3,797.53 84.96% $ 40,772.75
March 2017 866 1,382 $ 37,039.68 $ 3,810.64 117.25% $ 34,840.92
February 2017 853 1,366 $ 29,052.10 $ 3,731.98 89.50% $ 36,632.24
January 2017 852 1,363 $ 24,691.39 $ 3,701.39 74.34% $ 38,194.96
December 2016 849 1,352 $ 30,584.03 $ 3,683.91 90.36% $ 37,925.31
Year to Date
(membership= avg)
888 1,427 $ 574,582.79 $ 69,823.86 91.68% $ 702,851.82
Dental Plan Loss Ratio
1 25%
100%
75%
U:\Mv Oocuments\Monthly Report.s\2017 -2018\Mav 2018 -financial Statements 24 071618a HC BOC Page 222
~~ HARNETT COUNTY 6/26/2018
Harnett FINANCIAL SUMMARY REPORT
COUNTY
May, 2018
BOARD OF EDUCATION
FYE 2018 FYE 2018 Total Same Period
Fund Group FYE 2016 FYE 2017 Percent Adjusted Budget Activity to Date Last Fiscal Year
State Fund
Expenditures $ 115,268,881 $ 120,677,046 $ 127,199,960 $ 109,760,363 86.29% $ 106,092,900
Revenues $ 115,268,881 $ 120,677,046 $ 127,199,960 $ 109,784,568 86.31% $ 106,100,707
$ $ $ $ 24,205 $ 7,807
Local Current Expense Fund
Expenditures 22,838,609 22,952,031 27,404,111 20,699,839 75.54% 20,553,383
Revenues 21,557,719 22,897,852 27,404,111 21,756,746 79.39% 21,058,298
$ (1,280,890) $ (54,179) $ $ 1,056,907 $ 504,915
Federal Grant Fund
Expenditures 11,365,474 12,038,613 13,899,212 9 ,701,703 69.80% 10,646,921
Revenues 11,365 ,474 12,038,613 13,899,212 8,544,813 61.48% 10,649,134
$ $ $ $ (1,156,890) $ 2,213
Capital Outlay Fund
Ex penditures 3,165,403 3,423,972 4,749,913 118,017 2.48% 3,395,126
Revenues 2,844,295 3,534,301 4,749,913 12,871 0.27% 3,534,258
$ (321,108) $ 110,329 $ $ (105 ,146) $ 139 ,132
Child Nutrition Fund
Expenditures 10,013,377 10,201,124 11,365,310 9,459 ,470 83.23% 9,236,883
Revenues 10,608,154 10,538,806 11,365,310 8,672,751 76.31% 10,202,351
$ 594,777 $ 337,683 $ $ (786,719) $ 965,468
Dunn District Fund
Expend itures 3 04,258 269,520 282,502 143,342 50.74% 250,473
Revenues 299,648 307,645 282,502 2 78,709 98.66% 292,574
$ (4,609) $ 38,125 $ 135,367 $ 42 ,101
Local Restricted Fund
Expenditures 4,720,189 6,661,462 9,820,785 4,892,0 74 49 .81% 5,456,564
Re venues 5,253,011 6,540,994 9,820,785 4,979,166 50.70% 6,017,872
$ 532,822 $ (120,468) $ $ 87,092 $ 561,3 0 7
Total All Funds
Expenditures 167,676,190 176,223,768 194,721,792 154,774,810 79.49% 155,632,250
Revenues 167,197,181 176,535,258 194,721,792 154,029,624 79 .10% 157,855,193
$ (479,009) $ 311,490 $ $ (745,186) $ 2,222,943
• Latest available numbers from the Board of Education's w e b si te.
U:\My Documents\Monthly Reports\2017 • 2018\May 2018 -Financial Statements 25 071618a HC BOC Page 223
~~ HARNETT COUNTY 6/26/2018
Harnett FINANCIAL SUMMARY REPORT
COUNT Y
May, 2018
BOARD OF EDUCATION
Estimated Fund Balance
2013 2014 2015 2016 2017
Non Spendable $ 1,417,080 $ 2,130,098 $ 1,849,351 $ 1,796,064 $ 1,762,157
Restricted $ 2,813 $ 67,971 $ 21,420 $ 25,507 $ 31,744
Committed $ $ $ $ $
Assigned $ 4,004,023 $ 3,508,927 $ 5,466,811 $ 3,845,000 $ 3,750,000
Unassigned $ 5,426,606 $ 3,000,000 $ 2,889,118 $ 3,274,629 $ 3,425,107
Total General Fund $ 10,850,522 $ 8,706,996 $ 10,226,700 $ 8,941,200 $ 8,969,008
General Fund Expenditures $ 20,262,634 $ 22,848,788 $ 20,369,083 $ 23,089,579 $ 23,143,782
Unassigned Fund Balance
26.78% 13.13% 14.18% 14.18% 14.80%
as a% of Expenditures
Fund Balance %
• ,. ,. .
21.00%
11.00 %
Ii
-,_ ,.~
v' ---._ ___ ----
2013 2014 2015 2016 2017
U:\My Doruments\Monthly Reports\2017 * 2018\May 2018 · Financial Stat ements 26 071618a HC BOC Page 224
~~
Harnett
COUNTY
Month 1
Month 1 Revd
Month 2
Month 3
M onth 4
Month 5
Month 6
Month 7
Month 8
Month 9
Final
HARNETT COUNTY
FINANCIAL SUMMARY REPORT
May, 2018
BOARD OF EDUCATION
Public School Membership
ADM* MLD** ADM Change
20,390 20,515
20,372 20,460 (18)
20,463 20,481 91
20 ,420 20,49 7 (43)
20 ,428 2 0,489 8
20,38 3 2 0,340 (45)
20 ,260 20,256 (123)
• ADM = Average Daily Mem bers hip is an average over across a school month
•• MLD + Member sh ip l ast Day is for the last day of the school month
MLDChange
(55)
21
16
(8)
(149)
(84)
Harnett County School Membership
ADM MLD
6/26/2018
Fiscal Year 2017-2018
Initial Allotment
20,979
U:\Mv Oocuments\Monthly Reports\2017 -2018\May 2018 -Financial Statements 27
071618a HC BOC Page 225
~~
Harnett
COUNTY
100.00%
80.00%
60.00%
40.00%
20.00%
ANGIER
(5,041)
HARNETT COUNTY
FINANCIAL SUMMARY REPORT
June 30, 2017
HARNETT COUNTY TOWNS 1
COATS
(2,301)
Fund Balance %
DUNN
(9,675)
ERWIN
(4,674)
•Towns Pier Group (population based)
U:\My Oocuments\Monthly Reports\2017 • 2018\Ma.y 2018 -financial SUitemenU
LILLINGTON
(3,361)
6/26/2018
28 071618a HC BOC Page 226
~~
Harnett
COUNTY
Angier
HARNETT COUNTY
FINANCIAL SUMMARY REPORT
June 30, 2017
HARNETT COUNTY TOWNS 1
Cash
Coats Dunn Erwin
1 https://www. nctrea su r er . com/ slg/lf m/fi na ncial-a na lysi s/Pages/ Ana lysis-by-Population .aspx
U:\My Docu ments\M ont hly Reports\2017 • 2018\May 2018 • Financial St atemenu
6/26/2018
a Lillington
29 071618a HC BOC Page 227
~~
Harnett
COUNTY
.. (.\, t.;,
Angier
Coats
Dunn
Erwin
Lillington
Angier
Coats
Dunn
Erwin
Lillington
Angier
Coats
Dunn
Erwin
Lillington
Angier
Coats
Dunn
Erwin
Lillington
$
$
HARNETT COUNTY
FINANCIAL SUMMARY REPORT
June 30, 2017
HARNETT COUNTY TOWNS 1
Revenues
2017 2016 2015 2014
3,690,393 $ 3,373,615 $ 3,244,678 $ 3,070,761
1,530,611 $ 1,422,963 $ 1,298,168 $ 1,355,209
$ 10,024,782 $ 9,405,895 $ 8,566,657 $ 8,722,646
$ 3,105,786 $ 2,817,330 $ 2,717,591 $ 2,729,123
$ 3,717,756 $ 3,597,039 $ 3,323,632 $ 3,157,018
Expenditures
2017 2016 2015 2014
$ 3,456,701 $ 3,488,463 $ 3,048,201 $ 2,904,756
$ 1,410,692 $ 1,277,106 $ 1,200,095 $ 1,332,261
$ 10,081,309 $ 8,678,014 $ 8,557,297 $ 8,823,733
$ 2,650,771 $ 3,445,542 $ 3,283,518 $ 3,113,100
$ 5,055,946 $ 3,433,360 $ 3,302,294 $ 3,031,109
Fund Balance %
2017 2016 2015 2014
101.06% 9 1.40% 113.06% 116 .07%
78.91% 76.19% 68.96% 56.41%
27.64% 27.10% 28.99% 28.54%
59.61% 34.00% 5 1.22% 67.16%
167.99% 90.65% 71.52% 75.44%
Cash
2017 2016 2015 2014
$ 9,041,191 $ 7,449,366 $ 7 ,606,498 $ 7,239,088
$ 1,960,064 $ 1,7 93,914 $ 1,602,899 $ 1,624,126
$ 5,735,903 $ 5,091,071 $ 4,274,726 $ 3,975,762
$ 4,849,443 $ 4,349,190 $ 5,093,880 $ 6,498,775
$ 5,697,648 $ 4,091,241 $ 3,741,672 $ 3,312,572
1 https://www.nctreasurer.com/ slg/lf m/fi n ancial-ana lysis/Pages/ Ana ly sis-by-Popu lat ion .a spx
U:\My Oocuments\Monthly Report.s\2017 . 2018\May 2018 • Financia l Statemen ts
6/26/2018
2013
$ 3 ,046,623
$ 1,259,920
$ 8,427,866
$ 2,700,706
$ 2,796,363
2013
$ 2,871,727
$ 1,162,626
$ 8,928,070
$ 2,744,155
$ 2,839,535
2013
104.22%
54.02%
29.31%
85.28%
77.23%
2013
$ 6,813,845
$ 1,023,278
$ 4,853,633
$ 6,950,055
$ 3,539,495
30 071618a HC BOC Page 228
HARNETT COUNTY SALES TAX ANALYSIS BY ARTICLE 1. Current year activity: Fiscal Year 2018 July, 2017 August, 2017 September. 2017 October, 2017 November, 2017 December. 2017 January, 2018 February, 2018 March, 2018 April, 2018 May, 2018 June, 2018 Year over Year ~C_h;,r,_g~_ $ $ $ $ $ $ $ $ $ s $ $ I Article 39 527,233.641 668,435.36 706,943.32 550,198.87 882,166.26 785,025.54 562,055.74 813,547.14 755,185.41 . . Ulii,HUI 10.57% 2. Comparison to prior year : Fiscal Year 2017 Article 39 July, 2016 $ 342,547.33 August, 2016 $ 499,004.02 September, 2016 s 831,866.15 October, 2016 $ 575,714.83 November, 2016 $ 829,952.15 December, 2016 $ 725,691.08 January, 2017 $ 511,567.30 February, 2017 $ 831,392.75 March, 2017 $ 743,738.67 April, 2017 May, 2017 June, 2017 I un.m.u 3. Reconciliation to general ledger : Balance to HTE Activity 110-0000-313.30-01 $ 5,850,791.28 110-0000-313.30-02 $ 4,138,550.99 110-0000-313.30-03 $ 1,439,072.38 t 10-0000-313.30-04 $ 1,795,559.66 110-0000-313.30-05 s 2,878,144.77 110-0000-313.30-06 $ 4,503.21 110-0000-313.30-07 $ (834,802.31) 110-0000-313.30-08 $ p,228,880.78) $ 14,042,939.20 242-0000-313.30-00 $ 1,083,998.84 226-0000-313.30-10 $ 3,094,781.71 225-0000-313.30-10 $ 1,664,616.30
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North Carolina
Total Retirement Plans
Agenda Item --'90-_
RETIREMENT SYSTEMS DIVISION
6/14/2018
94301-HARNEIT COUNTY
AITN: CHIEF FINANCIAL OFFICER OR BUDGET ADMINISTRATOR
PO BOX 778
LILLINGTON, NC 27546
Dear 94301-HARNEIT COUNTY:
STEVEN C. TOOLE
lXICUTIVI DIIUCTO~
During the 2014 General Assembly session, contribution-based benefit cap legislation was enacted
effective January 1, 2015. The purpose of this legislation is to control the practice of "pension
spiking," in which a member's compensation significantly increases late in his or her career,
thereby creating unusually high unforeseen liabilities to the Retirement System to pay a monthly
retirement benefit that is significantly greater than the member and employer contributions would
fund. Prior to January 1, 2015, these liabilities were shared and consequently absorbed by all
agencies participating in the Retirement System. This legislation applies to members who retire
on and after January 1, 2015, with an average final compensation of $100,000 or higher (adjusted
annually for inflation), and will only directly impact a small number of those individuals. It
requires the member's last employer to pay the additional contribution required to fund the
member's benefit in excess of the cap. [G.S. 135-5(a3); 135-4(jj); 128-27(a3); and 128-26(y)]
In order to assist employing agencies with planning and budgeting to comply with the
contribution-based benefit cap provisions, we are required to report monthly to each employer a
list of those members for whom the empl oyer made a contribution to the Retirement System in the
preceding month that are most likely to require an additional employer contribution should they
elect to retire in the following 12 months. This letter and the attached report serve as our required
monthly notification to your agency under this provision. [G.S. 135-8(f)(2)(f) and G .S.128-
30(g)(2)(b)]
The chief financial officer of your agency is required to provide a copy of the attached report to the
chief executive of your agency, as well as to the governing body, including any board which
exercises financial oversight. Additionally, the chief financial officer of a public school system is
r e quired to provide a copy of the report to the local board of education and notify the board of
county commissioners of the county in which the local administrative unit is located that the
report was received and how many employees were listed in the report. [G.S. 115C-436(c); 135-
S(j); and 128-30(j)]
The attached report lists employees of your agency who may be eligible to retire in the next 13
months, and whose salary is $90,000 or greater based on information in the employee's most
recent annual benefits statement. Your agency may be required to submit an additional amount to
the Retirement Systems in the form of a lump-sum payment, due after the employee retires, to
cover these unforeseen liabilities should the employee elect to retire in the next 12 months.
3200 ATLANT IC AVENUE . RALE IGH , NORTH CAR OLINA 27604
Telephone (877) 627-3287 toll-free Fax (9 19) 855-5800
YIWW.myncret irement.co m
071618a HC BOC Page 230
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Page 1 of 1 071618a HC BOC Page 231
Agenda Item 9 _ _;;;._...;
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the foll wing
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2018.
Section 1. To amend the General Fund, Economic Development Department, the appropriatio s are to
be changed as follows:
EXPENDITURE AMOUNT AMC UNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECII ~E
110-7100-465.60-53 Dues & Subscriptions 60
110-7100-465.60-33 Materials & Supplies 6P
:
' j
!
REVENUE AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE
PG.--A .. t.. *' )c,.+
Department Head {date) ,, nance Offi r (date) County Manager (date)
S ,J 0 ··11 5 J'?O S ~-S -1i
Section 2. Copies of this budget amendment stiah be f rmshed to the Clerk to the Board, and o the
Budget Officer and the Finance Officer for their direction.
Adopted this ____ day of _____ .., ___ _
Margaret Regina Wheeler,
Clerk to the Board
Gordon Springle, Chairman
Harnett County Board of Commissioners
071618a HC BOC Page 232
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, 2018 .
Section 1. To amend the General Fund, Public Buildings Department, the appropriations are to be
changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-4700-410.60-33 Materials & Supplies $20,000
110-4 700-410.43-15 Building Maintenance $20,000
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: Move monies to cover supplies· for cou buildings through FY17-18.
~ft# ~.r ~ Sic .... )(d::'.
Department Hea (date) · ance O er date}J County Manager (date)
'='~B l8 (a.-I~--l8
Section 2. Copies of this budget amendment shall e furnished to the Clerk to the Board, and to the
Budget Officer and the Finance Officer for their direction.
Adopted this ____ day of _____ -J ___ _
Margaret Regina Wheeler,
Clerk to the Board
Gordon Springle, Chairman
Harnett County Board of Commissioners
071618a HC BOC Page 233
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Boord 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, 2018:
Section 1. To amend the Benhoven Elementary School CP1702, the appropriations ore to be changed as
follows :
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION Of CODE INCREASE DECREASE
336-8300-480-47-55 Technoloav & Comp $215,000
336-8300-480-47-59 Media Center Materials $215,000
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION Of CODE INCREASE DECREASE
To combine technology budgets.
EXPLANATION :
APPROVALS :
Department Head (date) Fi e Office (date) l County Manager (date) Co-<t .,.1)
G, '
Section 2. Copies of this budget amendment shall be furnished o the Clerk t o the Board, and to the Budget
Officer and the Finance Officer for their direction.
Adopted _________________ _
Margaret Regina Daniel.
C lerk to the Board
Gordon Springle, C hairman
Harnett County Board of Comm
6
071618a HC BOC Page 234
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, 2018
Section 1. To amend the General Fund, Solid Waste Department, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
580-6600-461-60-33 Materials & Suoolies $4,740
580-6600-461-43-16 Repair/Ma in Equipment $10,727
580-6600-461-30-04 Professional Services $15.466
580-6600-461-60-66 V e hicle taQs $1 ,00 0
580-6600-461-55-1 2 Pri nt ino & Bindino $5,000
580-6600-461-54-26 Advertisino $1 ,139
580-6600-46 1 -43-1 5 Repair & Main Equipment $3.430
580-6600-46 1 -33-45 Contracted Services $1 0,5 70
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: To increase lines to finish out FY 2017 /18
APPROVALS :
Pu..._.l._r...-\.L l,)tr:, ,)(, ,\---( atj)J / County Manager {date)
~22 l ~ ~--)...S---13
& 21/18
t Head (date)
Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to t he Budget Officer
and the Finance Offi cer for their direction.
Adopted ________________ _
Margaret Regina Wh eeler,
Cle rk to the Board
Gordan Springle, Chairman
Harnett County Board of Commiss ioners
071618a HC BOC Page 235
BUDGET ORDINANCE AMENDMEN T
BE IT ORDAINED by the Governing Boord of the County of Harnett, North Carolina, that th e following amendment be mode to
the annual budget ordi na nce for the fiscal year ending June 30 , 2018
Section 1. To amend the IT department, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-4900-4 10-44-23 Blda/Ea uio-Deot $3,485
11 0-4 900-41 0-44-21 Blda/Ea uio Re nt $3,485
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION : Movement o f funds for p a yment to lease for equip m ent
APPROVALS :
~ ._, "6)±c,. ..L J-
County Mana ger (date) 18 (o ,_ J-.S -n,
e Clerk to the Board , and to th e Budget Officer
Adopted _________________ _
Margaret Regina Wheeler,
Clerk to the Board
Gord on Sp rin gle, Chairm an
Harnett Coun ty Bo a rd of Commissioners
071618a HC BOC Page 236
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, 2018:
Section 1. To amend the Harnett County WIOA Program Fund, the appropriations are to be changed as
follows :
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
234-7405-465 .58-22 TRAINING (ACAD/OCC EDU) $150
234-7405-465.32-72 SUPPORT SERVICES $150
234-7407-465 .58-23 TRANSPORTATION WORK BASE $900
234-7407-465.32-73 TRAINING VOUCHERS $900
234-7410-465.32-26 INCENTIVES/PARTICIPANTS $50
234-7410-465.32-72 SUPPORT SERVICES $50
234-7411-465.32-73 TRAINING VOUCHERS -ITA $2500
234-7 411-465 .35-83 TRAINING VOUCHERS-AUTH $2500
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: To move funds for program needs.
hAJJi&~ 6/20/18
Department Head {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
Margaret Regina Wheeler
Clerk to the Board
Gordon Springle, Chairman
Harnett County Board of Commissioners
071618a HC BOC Page 237
BUDGET ORDINANCE AMENDME NT
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 , 2018
Section 1. To amend the Genera l Fund , Legal Services Department, the appropriations are to be changed as
fo ll ows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-4155-410.41.11 General/ Telecommunic & Postaqe $200.00
110-4155-41 0.58-14 General/ Book & Publications $200.00
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION : To cover invoices for remainder of Fiscal Year.
APPROVALS :
~" "-H:u. ><~
(dat1) (, County Manag~r {date)
(o J 22 I~ "° ,.. .}..S--\ "
furnished o h;e Clerk to the Board. and to the Budget Officer
Adopted __________________ _
Margaret Regina Wheeler,
Clerk to the Board
Gordon Springle, Chairman
Harnett County Board of Commissioners
071618a HC BOC Page 238
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, 2018:
Section 1. To amend the Harnett County WIOA Program Fund, the appropriations are to be changed as follows :
AMOUNT AMOUNT
EXPENDITURE
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
234-7411-465.23.01 Supplemental Retirement 200
234-7411-465.25-10 Unemployment Insurance 338
234-7411-465.33-45 Contracted Services 25
234-7411-465.21-00 Group Insurance 510
234-7411-465.23-00 Regular Retirement 53
2 34-7 410-465 .12-00 Salaries & Wages-Part time 85
234-7410-465.25-10 Unemployment Insurance 270
234-7410-465.23-01 Supplemental Retirement 200
234-7410-465.33-45 Contracted Services 250
234-7410-465.41-13 Utilities 15
234-7410-465.11-00 Salaries & Wages 85
234-7410-465.23-00 Regular Retirement 83
234-7410-465.21-00 Group Insurance 652
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: To move funds for program needs.
~~Gt2111s Pc, J<-4.S+<: .... ->i..J-'
Department Head (date) Finance fficer (.dtt ' County Manager (date) ~ l6 ~ --J. l. --oi
Section 2. Copies of this budget amendment shall be furnished to he Clerk to the Board, and to the Budget
Officer and the Finance Officer for their direction.
Adopted this day of
Margaret Regina Wheeler
Clerk to the Board
Gordon Springle, Chairman
Harnett County Board of Commissioners
071618a HC BOC Page 239
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, 2018:
Section l.To amend the Animal Services budget, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-5500-420.12-00 Salaries & Wages/Part Time 1200
110-5500-420.11-06 Salaries & Wages/Comp Time Payout 1200
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: Amending budget to fund line item for the remainder of the fiscal year.
APPROVALS: zj
~ 4P.?d-tf-.-// · ~ 1,;,[ ~ ti) tLJ,..__.(<.,Sk ..l<d::::
Depa ~ent Head (date)inanceOffir{date) County Manager (date)
~ --J.-S1t
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 ______ ., ______ _
Margaret Regina Wheeler
Clerk to the Board
Gordon Springle, Chairman
Harnett County Board of Commissioner
071618a HC BOC Page 240
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, 2018:
Section l.To amend the Animal Services budget, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-5500-420.58-01 Operating/Training & Meetings 150
110-5500-420.60-53 Operating/Dues & Subscripti ons 150
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: Amending budget to pay for control substance certification for Control section of Animal Services .
APPROVALS:
~.)0~{4,,r:
County Manager (date)
l.. ,... .)....S--J 'J
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. ______ _, ______ _
Margaret Regina Wheeler
Clerk to the Board
\ w 1or
Gordon Springle, Chairman
Harnett County Board of Commissioner
071618a HC BOC Page 241
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, 2018:
Section 1.To amend the Airport budget, the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-6500-406.60-33 Operating/Materials & Supplies 2000
110-6500-406.43-16 Operating -Repair & Maintenance Equipment 2000
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: To fund account for needed repairs to equipment and to fund line item for the remainder of the fiscal
year.
APPROVALS:
~~!-// e~(,,...k"' l.-.Ls--11
Finance Officer ( ate) /o/2-[.)}Vfs 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 ______ day of ______ J ______ _
Margaret Regina Wheeler
Clerk to the Board
Gordon Springle, Chairman
Harnett County Board of Commissioner
071618a HC BOC Page 242
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, 2018:
Section 1. To amend the General Fund, Cooperative Extension, the appropriations are to be changed as
follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-7319-465-60-33 Materials & Supplies 221
110-7319-465-32-26 Incentives 221
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: Increase budget fo r Incentive materials for Program Participants.
p(,JJ c.-(L~f.r.k" ifif(JWDt&t<Jc./)2-/{ll J:j
Department Head (date) Finance Officer oat County Manager (date)
~ r j_l.-/8
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
071618a HC BOC Page 243
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, 2018.
Section 1. To amend the General Fund, Animal Services Department, the appropriations are to be
changed as follows :
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-5500-420.41-13 Operating/Utilities 2000
110-5500-420.41-11 Operating-Utilities/Telecommunic & Postage 929
110-5500-420.58-01 Operating/Training & Meetings 929
110-5500-420.60-31 Operating/Gas 2000
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: Amend budget to fund bud et items for the remainder of the fiscal year.
~~/4-/4{~// PC&u C' LSk.,c.)<...r
Department Head (date) r I f3 County Manager (date) {_p ..--J ~ ~ t 8
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 _____ ~----
Margaret Regina Wheeler,
Clerk to the Board
Gordon Springle, Chairman
Harnett County Board of Commissioners
071618a HC BOC Page 244
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County o f Harnett, North Carolina, th at the following amendment be
made to the annual budget ordinance for the fiscal year ending June 30, 2018 :
Section 1. To amend the Public Utilities West Central Transmission PUl 301 , the appropriations are to be
changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
546-9100-431-45-01 Construction $ 6,355
546-9100-431-60-57 Miscellaneous $ 6,355
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: To decrease construction line due to sales tax. PE#lO
APPROVALS :
Deportment Head (date)
5" f>
County Manager (date)
le ,-)..1... ,-(8
Section 2. Copies of this b u dget amendment shall be furnished to the Clerk to the Board, and to the Budget
Officer and the Finance Officer for their direct ion .
Adopted _________________ _
Margaret Regina Daniel,
Clerk to the Board
Gordon Springle, Chairman
Harnett County Board of Comm
071618a HC BOC Page 245
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina that the followi ng
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2018:
Section 1. To amend the General Funds , Register of Deeds, the appropriati ons are to be changed as
follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-4800-410.32-08 Operating Special Acts./ Statewide Issuance 700.00
110-4800-410.32-77 Operating Special Acts. / Credit Card 700.00
Processing
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION
Register of Deeds needs additional funds in the Statewide Issuance account so that May and June 2018 can be
paid out of this year's budget. June 2017 invoice was not received in time to come out of the 2017 budget, so it
was taken from the 2018 budget.
APPROVALS :
Adopted th is
Margaret Regina Wheeler
Clerk to the Board
day of
p(;,.>....J. C/ ~(.,...t-
County Manager (date)
Gordon Springle, Chairman
Harnett County Board of Commiss i oners
071618a HC BOC Page 246
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, 2018:
Section 1. To amend the Harnett County WIOA Program Fund, the appropriations are to be changed as follows:
EXPENDITURE
CODE NUMBER DESCRIPTION OF CODE
234-7 405-465.25-10 UNEMPLOYMENT BENEFITS
234-7405-465.26-08 WORKER'S COMPENSATION
234-7405-465.58-14 TRAVEL ADMIN
234-7405-465 .21-00 GROUP INSURANCE
234-7405-465.22-00 FICA TAX EXPENSE
2 34-7 405-465 .23-00 TRAINING VOUCHERS
234-7 407-465.58-14 TRAVEL ADMIN
234-7407-465.21-00 GROUP INSURANCE
234-7407-465.21-07 DENTAL
REVENUE
CODE NUMBER DESCRIPTION OF CODE
EXPLANATION: To move funds for program needs.
-CPCWJJtto LwcO 6/21/18
Department Head (date)
AMOUNT AMOUNT
INCREASE DECREASE
$54
$98
$35
$61
$53
$73
$330
$320
$10
AMOUNT AMOUNT
INCREASE DECREASE
e(µ,,..J, (./ LJkdv-r
County Manager (date)
~~ )-(.. ·1Y
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
Margaret Regina Wheeler
Clerk to the Board
Gordon Springle, Chairman
Harnett County Board of Commissioners
071618a HC BOC Page 247
BUDGET ORD I NANCE AME NDME NT
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 . 2018:
Section 1. To amend the Radio Up Grade Proj ect CP 1406 , the appropriations a re to be changed as
follows :
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
307-8300-420-46-09 Ra dios {Lease) $260,025 "'
307-8300-420-46-10 Vehicle Locate $86,646
307-8300-420-46-1 1 Channel Exp $178 ,263
307-8300-4 20-46-13 Tower Equipment $831.494
307-8300-420-46-16 Equipment (local) $14,835 -I
307-8300-420-46-01 Res idual Equi ty Tra nsfer $1.371,263./
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION :
To budget for the close of the Raido Upgrade Project.
APPROVALS :
PCv-0: '-I! J+c.w->uJ-
Departme~Head~a~) countv Manager (date)
<..o ~ J.<. _... ,s
Section 2. Copies of this budget amendment shall be furnished to the Clerk t o the Board. and to the Budget
Officer and the Finance Officer for t heir direction.
Adopted _________________ _
Margaret Regina Daniel,
Clerk to the Board
Gordon Springle, Chairman
Harnett County Board of Comm
071618a HC BOC Page 248
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, 2018.
Section 1. To amend the General Fund, Public Buildings Department, the appropriations are to be
changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-4700-410.30=04 Professional Services $3,000
110-4700-410.43-15 Building Maint. $3,000
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: Move monies to cover services for county buildin~s through FY17-18.
k,,_,~ ~ ~Cb./f" · ~ Pru.Jc tLJ}:c.y..)e,-,.+:-
~dare) • • . ance O l ntJ County Manager (date)
Co ·Ll4, 8 (.,, .,.. .} 1.-.-I )'>
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 _____ _J ___ _
Margaret Regina Wheeler,
Clerk to the Board
Gordon Springle, Chairman
Harnett County Board of Commissioners
071618a HC BOC Page 249
BUDGET ORDINANCE AMENDMENT
BE IT ORDAINED by the Governing Boord of the County of Harnett, North Carolina, that the following amendment be
Section 1. To amend the Finance General Fund , the appropriations ore to be changed as follows:
EXPENDITURE
CODE NUMBER DESCRIPTION OF CODE
110-4400 -4 10-32-50 Filinq Fees
1 1 0-4400-4 10-32-51 Bonk Cho roes
REVENUE
CODE NUMBER DESCRIPTION OF CODE
-
EXPLANATION: To adjust budget to re flect activity
APPROVALS :
Adopted _________________ _
Margaret Regino Doniel,
Clerk to the Boord
AMOUNT AMOUNT
INCREASE DECREASE
$1,000
$1,000
AMOUNT AMOUNT
INCREASE DECREASE
Gordon Spr ingle, Chairman
Harnett County Board of Comm
071618a HC BOC Page 250
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, 2018:
Section 1. To amend the Harnett County WIOA Program Fund , the appropriations are to be changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
234-7407-465 .58-23 TRANSPORTATION WORK BASE $350
234-7407-465.32-72 SUPPORT SERVICES $350
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: To move funds for program needs.
(kJJjp~JJ 6/26/18
Department Head (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
Margaret Regina Wheeler
Clerk to the Board
Gordon Springle, Cha irman
Harnett County Board of Commissioners
071618a HC BOC Page 251
BUDGET ORDINANCE AME NDMENT
BE IT ORDAINED by the Governing Boord of the County of Harnett, North Carolina, that the following amendment be
made to the annual budget ordinance tor the fiscal year ending June 30, 2018:
Section 1. To amend the Health Insurance Ret iree budget , the appropriati ons are to be changed as
fo ll ows:
EXPEND ITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
908-9802-410.2 1-06 Pa vment of Claims $ 1,150,000
908-9802-410.21-01 Grouo Insurance Exoense -Re tirees $ 1,108,000
908-9802-4 l 0.21-07 Group Insurance Exoense-Retirees Dental $ 4 2,000
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION : To expand expenditure budget to facilitate more detailed tracking by group.
APPROVALS :
P0>-1...-~S+t:. .x..J-
<,.,.-.).. '"\-t 8
Department Heat !Dote) County Manager (date)
Sect ion 2. Copies of this budget amendment shall be furnished to the Clerk to the Board. and t o the Budget
Officer and the Finance Officer for their direction.
Adopted _________________ _
Margaret Regina Wheeler,
C lerk to t he Board
Gordon Springle, Chairman
Harnett County Board o f Comm
5D\, 071618a HC BOC Page 252
BUDGET ORDINANCE AMENDMENT
BE IT ORDAIN ED by the Governing Board of the County of Harnett, North Carolina that the followi ng
amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2018:
Section 1 . To amend the General Fund, Social Services Department, the as:,,propriations are to be
changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-7700-441.33-49 CONTRACTED SERVICES (CSE) 6,600
110-7700-441.33-45 CONTRACTED SERVICES 4,000
110-7700-441.12-00 SALARIES PART-TIME 10,600
110-7710-441.83-20 MEDICAID 1,100
110-7710-441.83-15 FOOD STAMP EBT 1,100
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION :
To budget additional funding for estimated year-end expenditures.
Adopted this_ day of _____ 2 __
Margaret Regina Wheeler,
Clerk to the Board
\ 1 o~~
Gordon Springle, Chairman
Harnett County Board of Co mmissioners
071618a HC BOC Page 253
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 , 2018.
Section 1. To amend the General Fund, Public Buildings Department, the appropriations are to be
changed as follows:
EXPENDITURE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
110-4700-410.41-10 Uti lities $31,670
110-4700-410.41-15 Utilities-Health/DSS/Aging $25,100
110-4700-410.41-40 Utilities -Probation $4,570
110-4700-410.60-31 Gas $2,000
REVENUE AMOUNT AMOUNT
CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE
EXPLANATION: Move monies to cover services for county buildings through FV17-18.
ll ~/ y ~~ ~L-t\ o-c. ,J(>.J:::
Department Head(cla;) · ance Off (~l"Js County Manager~!t.:'\}
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 _____ __, ___ _
Margaret Regina Wheeler,
Clerk to the Board
Gordon Springle, Chairman
Harnett County Board of Commiss ioners
071618a HC BOC Page 254