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HomeMy WebLinkAbout120318a Agenda PackageHARNETT COUNTY BOARD OF COMMISSIONERS County Administration Building 420 McKinney Parkway Lillington, North Carolina Regular Meeting December 3 , 2018 9:00 am 1. Call to order -Chairman Gordon Springle 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. Proclamation Recognizing Hamett County Emergency Services Director Jimmy Riddle 's Contributions to Hamett County and its Citizens E. Hamett County Staff Attorney requests Disclosure of Settlement Agreement of Devontay Deon Myles v . Harnett County Sheriffs Department, Wayne Coats, Julie Panko, Holli Jenkins, Steven Tart, and Travelers Casualty and Insurance Company of America F. Hamett County Tax Administration requests approval to bar off2008 taxes totaling $16,653 .13 of real and personal property and $44,810.83 of motor vehicle. G. Harnett County Solid Waste requests award of bid and approval of a three-year service contract with Martin Edwards for yard was te reduction. H. Administration requests approval of the School Resource Officer Program Reimbursement Agreement for Elementary and Primary Schools between the County of Hamett, the Hamett County Board of Education and the Town of Coats. I. Administration requests approval of Hamett County Promise Memorandum of Understanding between the Trustees of Central Carolina Community College and the County of Hamett. J. Administration requests approval of revised Rules of Procedures of the Hamett County Board of Commissioners. K. Administration requests approval of the Resolution to Approve the 2019 Schedule of Meetings of the Hamett County Board of Commissioners L. Hamett County GIS/E-911 Operations Administrator requests approval of the Joint Resolution Adopting and Establishing the Common Boundary Between Chatham County and Hamett County. M. Hamett County General Services requests approval of the Full Service Fixed Base Operator (FBO) Agreement between County of Hamett and Warren Investments of NC, Inc. for $138,500 per year with the price increasing 2% each year during the initial term of the agreement starting July I , 2019. 120318 HCBOC Page 1 N. Administration requests approval of an Ordinance Enacting and Adopting a Supplement to the Code of Ordinances for the County of Harnett, North Carolina - 2018 S-1 supplement to the Code of Ordinances of the County of Harnett Code of Ordinances, which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances. 0. Harnett County Public Utilities requests approval of a Resolution Adopting the Amended Harnett County Water Shortage & Conservation Ordinance P . Resolution to Cancel the December 17, 2018 Regular Meeting of the Harnett County Board of Commissioners 5. Special Presentation 6. Recess meeting to reconvene after Swearing-in Ceremony 7. Swearing-In Ceremony, Dwight W. Snow, County Attorney 8. Reconvene and Reorganization of the Board, Margaret Regina Wheeler, Clerk to the Board 9. Period of up to 30 minutes for informal comments allowing 3 minutes for each presentation 10. Appointments 11. County Manager's Report -Paula Stewart, County Manager 12. New Business 13. Closed Session 14. Adjourn Harnett County School Financials -July, Aug., Sept. and Oct. 2018 Harnett County Financial Summary Report -August 2018 Harnett County Sales Tax Analysis by Article -July 2018 Harnett County Veterans Services Activities Report -October 2018 Harnett County Public Health Activities Report -October 2018 Harnett County DSS Monthly Report -October 2018 NC Department of State Treasurer Contribution-Based Benefit Cap Report Invitations and upcoming meetings Immediately following the regular meeting of the Harnett County Board of Commissioners, Harnett County Veteran Services staff will present awards to families of veterans. Add-on: Approval of the Public Official Bond for Harnett County Sheriff Wayne Alfred Coats in the amount of $10,000. 120318 HCBOC Page 2 Agenda Item __ 4.;;._-..;;.A.;;;._. ___ HARNETT COUNTY BOARD OF COMMISSlUNEKS Minutes of Regular Meeting November 5, 2018 The Hamett County Board of Commissioners met in regular session on Monday, November 5, 20 I 8, in the Commissioners Meeting Room, County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Members present: Member absent: Staff present: Gordon Springle, Chairman Barbara McKoy, Commissioner Joe Miller, Commissioner Abe Elmore, Commissioner Howard Penny, Vice Chairman 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 . Commissioner Miller led the Pledge of Allegiance and invocation. Chairman Springle called for any additions or deletions to the published agenda. Commissioner Elmore moved to approve the agenda as published. Commissioner Miller seconded the motion, which passed 4-0. Commissioner Miller moved to approve items on the consent agenda. Commissioner E lmore seconded the motion, which passed 4-0. 1. Minutes: September 25, 2018 Special Meeting October 9, 2018 Work Session October 15 , 2018 Regular Meeting 2. Budget Amendments: 254 JCPC Programs Code 1105870-569010 1103900-390990 790 Facility Maintenance Code 1104230-584000 1104230-537010 JCPC Unspent Grant funds Fund Balance Appropriated 8, 164 increase 8, 164 increase Computer Software 1,000 decrease Adverti sing 1,000 increase November 5, 2018 Regular Meeting Minutes Hamett County Board of Commissioners Page 1 of 4 120318 HCBOC Page 3 1117 Health Department Code 1105110-522010 1105110-526010 1105110-544095 1105110-549090 Food & Provisions Materials & Supplies Incentives Miscellaneous Expense 50 increase 300 decrease 100 increase 150 increase 3. Tax rebates, refunds and releases (Attachment 1) 4. Resolutions to add roads to state system (Attachments 2 & 3) 5. Harnett County Health Director requested approval of a revision to the Clinical Patient Fees, Eligibility and Bad Debt Write Off Policy. 6 . Harnett County Emergency Services requested approval of a Resolution Authorizing Disposition of Personal Property donating an enclosed utility trailer to Dunn Emergency Services. Dunn Emergency Services will use the enclosed utility trailer to transport materials and equipment when providing Fire Prevention Public Education to the citizens of Hamett County. (Attachment 4) 7. Harnett County Public Utilities requested approval of write-offs for the 3rd quarter of 2018 totaling $22,288.63. The facilitation of these write-offs is an important step in a continuing effort to effectively manage collections and bad debt. 8. Hamett County Sheriff's Office requested approval to accept a grant in the amount of $20,194 from the Office of Justice Program under the FY18 Edward Byrne Memorial Justice Assistance Grant Program. The funds will be used to purchase laptops, software and/or other IT equipment or other investigative equipment. 9. Resolution by the Hamett County Board of Commissioners Approving the Grave Relocation of the Tew Cemetery. (Attachment 5) 10. Resolution by the Hamett County Board of Commissioners Approving the Grave Relocation of the Taylor Cemetery. (Attachment 6) 11. Hamett County Administration requested approval of a Resolution of the Harnett County Board of Commissioners Authorizing the Conveyance of Real Property by Private Sale. (Attachment 7) 12. Administration requested approval of the School Resource Officer Program Reimbursement Agreement for Elementary and Primary Schools between the County of Hamett, the Hamett County Board of Education and the Town of Angier. 13. Administration requested approval of the School Resource Officer Program Reimbursement Agreement for Elementary and Primary Schools between the County of Harnett, the Harnett County Board of Education and the Town of Lillington. November 5, 2018 Regular Meeting Minutes Hamett County Board of Commissioners Page 2 of 4 120318 HCBOC Page 4 14. Administration requested approval of the School Resource Officer Program Reimbursement Agreement for Elementary and Primary Schools between the County of Harnett, the Harnett County Board of Education and the Town of Erwin. 15. Administration requested approval of the School Resource Officer Program Reimbursement Agreement for Elementary and Primary Schools between the County of Harnett, the Hamett County Board of Education and the City of Dunn. 16. Administration requested approval of the Memorandum of Understanding between the County of Harnett and the Harnett County Board of Education regarding the former Benhaven Elementary Campus. 17. Hamett County General Services requested approval of the revised Airport Committee Bylaws. 18. Proclamation -Home Care and Hospice Month -November 2018 19. Proclamation -Adoption Awareness Month and Day -November 2018 20. Resolution to reschedule the November 27, 2018 work session of the Harnett County Board of Commissioners. (Attachment 8) Chairman Springle opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. Syniah McMiller, a sophomore at Harnett Central, spoke on behalf of the Hamett Central Honors Civics class attending the meeting. Chairman Springle presented the Home Care and Hospice Month -November 2018 Proclamation to Chad Walker with Transitions LifeCare and Sara Kathryn Thompson with Community Home Care and Hospice. Mr. Walker addressed the group. Commissioner Miller moved to approve the appointments listed below. Commissioner Elmore seconded the motion that passed 4 -0. Harnett County Council for Women Ruth Newell was appointed to serve on this Council for a term of three years expiring November 30, 2021. Harnett County Planning Board Teresa Helmlinger Ratcliff was appointed to serve on this board as a District 4 alternate member for a term of three years expiring November 30, 2021. November 5, 2018 Regular Meeting Minutes Hamett County Board of Com.missioners Page 3 of 4 120318 HCBOC Page 5 Nursing Home Community Advisory Committee Roger Brown was appointed to serve on this committee for a term of one year expiring November 30, 2019. Jason M. Epley, AJCP, with Benchmark Planning presented a summary of the Fort Bragg Joint Land Use Study. The Joint Land Use Study (JLUS) is a study funded by the Department of Defense's Office of Economic Adjustment to help communities and military installations work together in achieving compatible growth and long-term sustainment of the military training mission. The JLUS focus is land use compatibility and included a 5-mile study area around Fort Bragg. Mrs. Stewart presented the following report: Harnett County Financial Summary Report -July 2018 Harnett County Sales Tax Analysis by Article -June Harnett County DSS Monthly Report -September 2018 Commissioner McKoy nominated Chairman Springle as Harnett County 's voting delegate at the upcoming NCACC Legislative Goals Conference. Commissioners Springle, Penny and McKoy will attend the upcoming conference. Commissioner Elmore seconded the motion that passed 4-0. Mrs. Stewart shared a letter from Mike Jones, Chairman of the Hamett County Economic Development Council, stating the Council's recommendation that Harnett County once again become a member of the Research Triangle Regional Partnership. The Council heard from Mr. Ryan Combs with Research Triangle Regional Partnership (RTRP) about plans for marketing member counties. Mrs. Stewart responded this would cost approximately $40 ,000 a year. She said Hamett County Economic Development staff tried marketing on their own but were not very successful. Commissioner Miller said the County has never gotten anything out of RTRP. Commissioner Elmore asked that the Harnett County Properties Corporation hear from Mr. Combs and make a recommendation before commissioners consider the issue. Mrs. Stewart reviewed upcoming invitations and meetings. She noted she is attending a meeting in Cumberland County to discuss the Mid-Carolina COG. There was no new business or need for closed session. Commissioner Elmore moved to adjourn the meeting at 9 :36 am. Commissioner McKoy seconded the motion, which passed 4-0. Gordon Springle, Chairman Margaret Regina Wheeler, Clerk November 5, 2018 Regular Meeting Minutes Hamett County Board of Commissioners Page 4 of 4 120318 HCBOC Page 6 I\. I I f\.L.lllYltl'I 1 1 ~ap~ved by ~6 H&rn~tt . .E···· . . nty Board ,;,.f Comm,!'i1i,or . ' .. tt)U :~·,:;::o,.····· -~,~r&r-~ To, Harnett Couaty Bo"d .,;1{t;ssloae" Re: Consideration of Refund for Taxes, Interest and Penalities for all Muncipalities Approved HC.f50C /f-.5-/g Adjustment Reason --"' Bill Nu-mber Type . ·-: Receivec!Amount Refund Amount Name Elderly Exclusion S. Keith Faulkner Tax Administrator 0000030850-2018-2018-0000-01 REI $450.00 $93.17 LEE, GLORIA T > .,.;i .,.;i > (j = ~ tJ!j 2! .,.;i -120318 HCBOC Page 7 ATTACHMENT 2 C? ,Harnett f,-::::)2.'(~ _C _O_U~N_T_Y ____________________ _ l _. --==~ -~ NORTH CAROLI NA h RESOLUTION BE IT RESOLV ED that the Hamett County Board of Commissioners does hereby , by proper execution ofthis document, request that the North Carolina Department of Transportation add to the State 's Secondary Road System the below listed street. Hidden Lakes Subdivision Cypress Drive Duly adopted this 5th day ofNovember 2018. HARNETT COUNTY BOARD OF COMMISSIONERS strong roots • new growth www. arnett.org 120318 HCBOC Page 8 ATTAl:HM~NT J ~/~~,~!Harnett L ~1r~ 1 c o u N r v -~l~ r-~O-R_T_H_C_A_R_O_LI_N_A------------------------------------------------------------- RESOL UTION BE IT RESOLV ED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State 's Secondary Road System the below listed street. Forest Ridge Subdivision Melody Lane Deep Woods Lane Dry Springs Court Duly adopted this 5th day of November 2018. HARNETT COUNTY BOARD OF COMMISSIONERS st rong ro ots • new growth www.ha rn ett.org 120318 HCBOC Page 9 ATTACHMENT 4 1--~ . Harnett (~1(~~!co uNrv ; )1. '-------------------------------- '-----..,....:::::...;__ ---I NORTH CAROLINA RESOLUTION AUTHORIZING DISPOSITION OF PERSONAL PROPER TY WHERAS , County of Hamett (the "County") owns the following enclosed utility trailer, utilized by the Hamett County Emergency Services Department: YEAR 2004 MAKE Cargo Mate GACM510SA VIN 5NHUCM0174U205660 WHEREAS , such enclosed utility trailer is now obsolete and surplus to the needs of the County; WHEREAS, said enclosed utility trailer has little if any, value on the open and public market; WHEREAS, Dunn Emergency Services ("DES"), located in Hamett County, could utilize such enclosed utility trailer for transporting Fire Prevention Public Education materials and equipment. WHEREAS, the transfer of such enclosed utility trailer to DES would assist in providing fire prevention education to the citizens of Hamett County. www.harnett .org NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS, that the Hamett County Emergency Services shall be and is hereby authorized and directed to take any such actions as might be necessary and advisable to transfer the above-referenced enclosed utility trailer to Dunn Emergency Services, without consideration, pursuant to the provisions of North Carolina General Statute 153-176. Duly adopted this the~ day of /\~ ve.V\1 h V': 2018. County of Hamett strong roots • new growth 120318 HCBOC Page 10 ATTACHMENT 5 t:.~ ~", Harnett 'I' ~""){r~='.:;i~! .;;.C....;O:;.._;;U_;..;.N_T;,._,,;_Y ________________________ _ _ _ .fl-. ___ .1 NO R TH CARO LI NA www.harnett.org RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS APPROVING THE GRAVE RELOCATION OF THE TEW CEMETERY WHEREAS, the Tew Cemetery is an abandoned cemetery located at Interstate 95 ("l-95") at SR 1808 (Jonesboro Road) and SR 1709 (Hodges Chapel Road); WHEREAS, the Tew Cemetery is located in the proposed right of way of the North Carolina Department of Transportation's (''NCDOT") planned widening for 1-95; WHEREAS, NCDOT has determined and certified to the Hamett County Board of Commissioners that the removal of the graves is reasonably necessary to accommodate the widening ofl-95; WHEREAS, NCDOT will fulfill all of the requirements for the removal and relocation of the remains within these graves set forth in North Carolina General Statute §65-106; WHEREAS, arrangements will be made for the remains of approximately (57) graves from the Tew Cemetery to be re-interred to the Willis & Lillie Tew Cemetery, the Veterans Memorial Gardens Cemetery, the Tew Cemetery located at 1570 Union Church Road , and the Grove Presbyterian Church cemetery; WHEREAS, NCDOT has not received any opposition to the removal and relocation of these graves; and WHEREAS, NCDOT has determined that there is no evidence of any historical significance regarding these graves and their removal would not be detrimental to the general welfare of the County. NOW THEREFORE BE IT RESOLVED that the Hamett County Board of Commissioners, in reliance on NCDOT's determination and certification to the Board, hereby deem it a necessity to disinter and re-inter the deceased at Tew Cemetery as described above. strong roots • new growth 120318 HCBOC Page 11 t--:i;~-~. Harnett ;-~~J :(';': ..;;;..C ...;;.O_.;;U;.._;..;...N ...;..T ___ Y ___________________ _ -1.'L~::.':'.' ~---' NORTH CA RO LI NA RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS APPROVING THE GRAVE RELOCATION OF THETA YLOR CEMETERY WHEREAS, the Taylor Cemetery is an abandoned cemetery located at Interstate 95 ("1-95") at U.S. Highway 421 , Exit 73, and SR 1793 (Pope Road), Exit 72; WHEREAS, the Taylor Cemetery is located in the proposed right of way of the North Carolina Department of Transportation's (''NCDOT") planned widening for I-95; WHEREAS, NCDOT has determined and certified to the Harnett County Board of Commissioners that the removal of the graves is reasonably necessary to accommodate the widening ofl-95; WHEREAS, NCDOT will fulfill all of the requirements for the removal and relocation of the remains within these graves set forth in North Carolina General Statute §65-106; WHEREAS, arrangements will be made for the remains of approximately 26 graves from the Taylor Cemetery to be re-interred to Veterans Memorial Gardens Cemetery, Greenwood Cemetery, and/or at any approved local cemetery the family may specify; WHEREAS, NCDOT has not received any opposition to the removal and relocation of these graves; and WHEREAS, NCDOT has determined that there is no evidence of any historical significance regarding these graves and their removal would not be detrimental to the general welfare of the County. www.harnett.org NOW THEREFORE BE IT RESOLVED that the Harnett County Board of Commissioners, in reliance on NCDOT's determination and certification to the Board, hereby deem it a necessity to disinter and re-inter the deceased at Taylor Cemetery as described above. strong roots • new growth 120318 HCBOC Page 12 ATTACHMENT 7 RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE CONVEYANCE OF REAL PROPERTY BY PRIVATE SALE THAT WHEREAS, Harnett County, North Carolina (the "County") is a valid ex1stmg political subdivision of the State of North Carolina, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina; and WHEREAS, pursuant to G.S. §158-7.1 the County has the authority to acquire and develop land for business/industrial parks as a public purpose; as a result of this authority the County has procured and developed certain real property known as the Brightwater Science and Technology Campus located in Neills Creek Township, Harnett County, NC; and WHEREAS. Harnett County Properties Corporation (HCPC) is a North Carolina non-profit corporation which was formed to provide assistance to the County in furthering the public purpose of economic development in Harnett County; that pursuant to G.S. §153A-449 the County may contract with and appropriate funds to any corporation in order to carry out any public purpose that the County is authorized by law to engage in; furthermore pursuant to G.S. § 160A-279, whenever a county may appropriate funds to any private entity which carries out a public purpose, the county may in lieu of or in addition to the appropriation of funds, convey by private sale to such entity any real or personal property which it owns; and WHEREAS, the County and HCPC have negotiated a Property Transfer and Appropriation Agreement dated November 5, 2018 whereby the County agree to convey by private sale a 4.120 acre real property tract located in the Brightwater Science and Technology Campus to HCPC in order for HCPC to assist the County in carrying out the public purpose of economic development, and H CPC is willing to accept the land conveyance and assist the County in its economic development efforts pursuant to said Agreement terms. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS AS FOLLOWS: l. Pursuant to G.S. §160A-279 and §160A-267, the Board of Commissioners does hereby authorize the disposition by private sale of that certain real property tract to Hamett County Properties Corporation described as follows: BEING all of Tract 2 composed of 4.120 acres as shown on that map dated September 17, 2016 by James S. Armstrong, PLS which is recorded in Map Book 2016, Page 292, Harnett County Registry. 2. The sale price for the real property shall be Three Hundred Fifty Thousand Dollars {$350,000.00). The conditions of the sale shall be pursuant to that Property Transfer and Appropriation Agreement dated November 5, 2018 between Hamett County and HCPC, the terms of which are incorporated herein and approved as part of this Resolution. 120318 HCBOC Page 13 3 . The Chairman of the Board of Commissioners is authorized to execute the necessary documents to effectuate this conveyance; the County Staff is directed to publish a Notice summarizing the contents of this Resolution once after its adoption with no sale or real property conveyance to be consummated until more than ten (10) days after publication pursuant to G.S . § 160 A-267 . Duly adopted this the 5th day of November, 2018 . STATE OF NORTH CAROLINA COUNTY OF HARNETT Go,~ Harnett County Board of Commissioners I, MARGARET REGINA WHEELER, Clerk to the Board of Commissioners of the County of Hamett, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled "RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS AUTHORIZING THE CONVEYANCE OF REAL PROPERTY BY PRIVATE SALE" adopted by the· Board of Commissioners of the County of Harnett, North Carolina at a regular meeting held on the 5th day of November, 2018. WITNESS my hand and the corporate seal of the County of Hamett, North Carolina, this the 5th day of November, 2018. 120318 HCBOC Page 14 ftl Jft~JJ!UC.1 ,a o ~-~. Harnett ,· ~ .. ~-'.COUNT Y . '. \\,..___:_,N _O_R_T_H_C_A_R_O_LI_N_A ______________________________ _ www.harnett.org A RESOLUTION TO RESCHEDULE THE NOVEMBER 27, 2018 WORK SESSION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS THAT WHEREAS, the Harnett County Board of Commissioners adopted on September 19, 1994 certain Rules of Procedure by which the Board would conduct its meetings; and WHEREAS, Rule 6 of the Rules of Procedure concerning "Regular and Special Meetings" states that the Board may change the place or time of a particular meeting by resolution: that the Board has determined that it will meet at 9:00 am on Monday, November 26, 2018 instead of Tuesday, November 26, 2018. NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Harnett County that the date of its work session scheduled for Tuesday, November 26, 2018 is hereby changed to Monday, November 26, 2018; that this Resolution shall be filed with the Clerk to the Board, posted at the regular meeting place and forwarded to all parties on the County's Sunshine List. strong roots • new growth 120318 HCBOC Page 15 HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Work Session September 11 , 2018 The Hamett County Board of Commissioners met in work session on Tuesday, September 11 , 2018, in Conference Room A , County Administration Building, 420 McKinney Parkway, Lillington, North Carolina. Members present: Member absent: Staff present: Gordon Springle, Chairman Howard Penny, Vice Chairman Barbara Mc Koy, 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 9:00 am and led the Pledge of Allegiance and invocation. The following agenda was before commissioners: );;,, BOC Goals and Priorities );;,, Introduction by Bill Kramer of Kramer and Associates );;,, County Manager's Report: );;,, Closed session );;,, Adjourn September 17, 2018 Regular Meeting Agenda Review September 25, 2018 Work Session Agenda Review Invitations and upcoming meetings Harnett County Emergency Services Director Jimmy Riddle and Deputy Emergency Services Director Larry Smith provided an updated on Hurricane Florence. Mr. Riddle talked about preparation for the storm. Discussions continued. Mr. Bill Kramer of Kramer and Associates addressed the Board. Kramer and Associates is performing Harnett County's Emergency Services Study. Mr. Kramer gave a preliminary overview of the study. September 11, 2018 Work Session Minutes Hamett County Board of Commissioners Page 1 of 3 120318 HCBOC Page 16 Mrs. Stewart and Mrs. Honeycutt recommended commissioners not approve Hamett County Development Services' Building Services request for approval to waive Electrical Reconnect Permit Fees for any customer owned electrical service equipment, damaged as a result of Hurricane Florence, and requiring repairs or replacements before power is reconnected by the power company. They recommended that citizens pay the fee and then request reimbursement. It was the consensus of the Hamett County Board of Commissioners to approve the request of the Hamett County Sheriffs Office to enter into an agreement with the State of North Carolina regarding the transfer of a Department of Defense Utility Truck (Humvee) for use by the Hamett County Sheriffs Office. The Sheriffs Office needed approval to use the Humvee during the storm if needed. Commissioners will formally approve the item during their upcoming regular meeting. Mrs. Stewart and Assistant County Manager Brian Haney presented and discussed the following goals and priorities of the Board: ~ Parks and Recreation ~ Broadband ~ Facilities -Demolition -Construction -Renovation ~ Library Consolidation ~ Hamett Regional Airport ~ Hamett Promise K-14 ~ Landfill Space ~ Animal Services ~ Council of Government Status ~ Fleet Management Harnett County Parks and Recreation Director Carl Davis updated the Board about on-going and future parks and recreation projects and activities. Staff sought direction regarding parks and recreation priorities and will provide commissioners with a list for ranking. Commissioners responded and commented on the goals and priorities. Chairman Springle talked about the CCCC Hamett Promise K-14 Program and noted a revised proposal for the program is forthcoming. Mrs. Honeycutt mentioned the possibility of using a part of the sales tax expansion for the program. Mrs. Stewart said the Ag Initiative and schools in the county are priorities and on-going discussions. Mrs. Stewart said staff recommends revaluation/reappraisal in January 1, 2021 for a four-year cycle. She said we might need to outsource our reappraisal this year but hopefully the cost will be offset by the revenue generated. It was the consensus of the Board to consider a resolution at a future meeting setting a four-year appraisal cycle. September 11, 2018 Work Session Minutes Harnett County Board of Commissioners Page 2 of 3 120318 HCBOC Page 17 Cormnissioner Penny requested a Public Utilities update considering the 3,200 additional houses planned in northwest Harnett. Chairman Springle said the growth might be a great opportunity to expand sewer. Mrs. Stewart noted growth in northwest Harnett would be discussed during their upcoming retreat. Commissioner Miller asked about a possible moratorium on developments, specifically tract builders. Discussions continued. Mrs. Stewart reviewed the proposed September 17, 2019 regular meeting agenda. Mrs. Stewart told commissioners the School Board is asking if the County will reimburse them for the cost of hiring school safety officers. Commissioners and staff believed the School Board would cover the temporary measures until the SRO's are in place . The Board of Commissioners recently agreed to pay approximately $1 .7 Million for additional School Resource Officer (SRO) positions. Mrs. Stewart noted the County is also working with the towns to cover seven schools. Mrs. Stewart will respond to the School Board that the County will not reimburse their expenses. Last, Mrs. Stewart reported they would again accept applications for the Harnett County Cooperative Extension Director position. She noted a masters degree is no longer required for this position as the requirements have been lowered. Mrs. Stewart said Bill Stone has agreed to serve as interim until the end of the year. Commissioner Miller moved that the Board go into closed session for consultation with the County's legal staff in order to preserve the attorney-client privilege concerning the handling of certain claims and litigation. This motion is made pursuant to N.C. General Statute Section 143- 318.11 (a)(3). Vice Chairman Penny seconded the motion which passed 4 -0. Commissioner Miller moved that the Board come out of closed session. Cormnissioner McKoy seconded the motion that passed 4 -0. Commissioner McKoy moved to adjourn the meeting. Vice Chairman Penny seconded the motion, which passed 4 -0. Gordon Springle, Chairman Margaret Regina Wheeler, Clerk September 11 , 2018 Work Session Minutes Harnett County Board of Commissioners Page 3 of3 120318 HCBOC Page 18 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 made to the annual budget ordinance for the fiscal year ending June 30, 2019; Section 1. To amend the General Fund, Health Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 1105110-522010 Food & Provisions $ 65.00 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 1105110-380840 Contributions/Donations $ 65 .00 EXPLANATION: To budget funds received for the Prevent T2 Diabetes Program . AP9or4 .l1r~\lf Department Head (date) County Manager (Date) I k S--j 8 Section 2. Copies of this budget amendment shall be furnished to the Clerk of the Board, and to the Budget Officer and the Financ e Officer for their direction. Adopted this Margaret Regina Whee ler, Cl e rk to the Board day of ,2018 Gordon Springle, Chairman Harnett County Board of Commissioners 120318 HCBOC Page 19 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 Airport Terminal Project. the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE TERML PFRSV PROF TAL&BRIGHT Professional Services 134,759 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE TERML FEDERAL NCTOl STAIR Jetport Terminal NC DOT 36237 .25 .17 .1 121,283 TERML INTERF TRNSFIN CAPITALRES Capital Reserve Funding Source 13,476 5204650 598400 EXPLANATION : To budget grant funds from NC Department of Transportation/Division of Aviation and the County's local match for the continuation of the Terminal Site Improvement project. APPROVALS : ~d' fo -2 ?d<//r Deprtment Head (date) p~k-S:k • )4,J-- ----County Manager (date) It.......-~......-,~ 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 120318 HCBOC Page 20 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 General Fund , Health Department, the appropriation s are to be changed as follows : EXPENDITURE CODE NUMBER 1105110-544095 1105110-526010 REVENUE CODE NUMBER 1103900-390990 EXPLANATION : APPROVALS: AMOUNT AMOUNT DESCRIPTION OF CODE INCREASE DECREASE Incentives $ 179.00 Materials & Supplies $ 130,762.00 AMOUNT AMOUNT DESCRIPTION OF CODE INCREASE DECREASE Fund Balance Appropriated $ 130,941.00 To budget carryforward for Health Department. 3rd Party Medicaid $85,569 ;Family Planning Fees $16,25 7; Miscellaneous Patient Fees $14,160; Food & Lodging Fees $11,125; Precepting Interns $3651; Donations $179 Pc, . _ i, /JL.S.b: ''-'· ._ County Manager (Datir '"" 1--5-q~ Section 2. Copies of this budget amendment shall be furnished to th e Clerk of the Board , and to the Budget Officer and the Finance Officer for their direction. Adopted this Margaret Regina Wheeler, Clerk to the Board J £~ J ;;s-o day of ,2018 Gordon Springle , Chairman Harnett County Board of Commissioners 120318 HCBOC Page 21 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 General Fund, Social Services Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 1105331-618911 Child Abuse Awareness 2,224 1105340-618912 Child Support Awareness 565 1105322-618920 Central Electric Donation 2,835 1105322-618930 Fuel Fund Donation 96 1105360-618940 General Agency Donation 314 1105320-618950 Elderly Assistance Donation 4,858 1105332-618960 Foster Care Donation 262 1105332-618970 Christmas Cheer 322 1105332-618815 Special Needs Adoptions 63,350 1105322-618090 Crisis Intervention 116,927 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 1103900-390990 Fund Balance Appropriated 74,826 1105310-330210 DSS Administration -Federal 116,927 EXPLANATION: To budget and roll forward donations and adoption funding received in the prior year to assist the elderly, disabled and foster children of Harnett County and to budget additional funding for the Crisis Intervention Program. APPROVALS: r fd»P~ ,1-1HY Department Head (date) ~~ll:,~~ County Manager (date) I\--\ ct .....-t ~ Section 2 . Copie s 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 _____ 2 Margaret Regina Wheeler, Clerk to the Board Gordon Springle, Chairman Harnett County Board of Commissioners Sc25 8 120318 HCBOC Page 22 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 General Fund, Emergency Medical Services Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 1104410-502010 Salaries & Wages $43,726 1104410-544000 Contracted Services $2,016 1104450-544000 Contracted Services $4,608 1100000-598500 lnterfund Transfer Capital Reserve $50,350 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION : To budget funds to lnterfund Transfer Capital Reserve to assist with purchasing an ambulance which has a cost savings of $5000. Funds used from lapse in Salaries & Wages due to the EM Coordinator position on hold for six months (July-December 2018); and from Contracted Services due to AVL activation is still pending. APPROVALS : r-..l.__!_~.....::.:=...!::::.l.t::.l-!W.,..., c-.r ,,,...,j-lf Section 2. Copies of this budget amendment shall be furnished o the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction . Adopted this ___ day of ____ , 2018. Margaret Regina Wheeler Clerk to the Board Gordon Springle, Chairman Harnett County Board of Commissioners 120318 HCBOC Page 23 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of t he County of Harnett, North Caro lina , that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2019: Section 1. To amend the General Fund, Emergency Medi cal Services Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 5124450-555000 Capital Outlay-Equipment $50,350 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 5123900-390981 Transfer from General Fund $50,350 EXPLANATION: To budget fund s to Capital Outlay-Equipment to assist with purchasing an ambulance which ha s a cost savings of $5000 . Funds used from lapse in Salaries & Wages due to the EM Coordinator position on hold for six months (July-December 2018); and from Contracted Services due to AVL activation is still pending. APPROVALS: Section 2. Copies of this budget amendment shall be furnished tot Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this ___ day of ____ , 2018 . Margaret Regina Wheeler Clerk to the Board Gordon Springle , Chairman Harnett County Board of Commissioners 120318 HCBOC Page 24 Board Report Approved. __________ _ Date 12/03/2018 To: Harnett County Board of Commissioners Re: Consideration of Refund for Taxes, Interest and Penalities for all Muncipalities Adjustment Reason Assessed In Err S. Keith Faulkner Tax Administrator Bill Number Type Received Amount Refund Amount Name 0000014867-2017-2017-0001-00 BUS 3,462.SO 348.97 DIVOTS INC Agenda Item 4 -C 120318 HCBOC Page 25 Date run: 11/28/201811:03:45AM Data as of: 11/27/2018 7:58:38 PM TR-304 Bill Release Report Report Parameters: Release Date Start: 10/1/2018 Release Date End: 10/31/2018 Tax District: ALL Default Sort-By: Grouping: Bill #,Taxpayer Name.Release Date,Billing Date,Operator ID, Release Amount Release Reason Bill# Taxpayer Name RELEASE REASON: Address change 0000038134-2018-2018-0000-00-REG MOORE, HENDERSON 0000038135-2018-2018-0000-00-REG MOORE, HENDERSON 0000052296-2018-2018-0000-00-REG SWIST, THOMAS BRIAN Subtotal RELEASE REASON: Adjustment 0000010817-2018-2018-0000-00-REG CHROSTOWSKI, WALTERS 0000015973-2018-2018-0000-00-REG ELLIOTT, KISHEA 0000024865-2018-2018-0000-00-REG HOLLY SPRINGS BAPTIST CHURCH 0001411400-2018-2018-0000-01-REG HERRERA, WILLIAM ROLANDO 0001713467-2018-2018-0000-00-REG COLLEY, REGINA LEIGH 0001985020-2018-2018-0000-00-REG AMES LANDSCAPING 0002002668-2018-2018-0000-00-REG PORTER, TYRONE 0002246310-2018-2018-0000-00-REG SCHWANS CONSUMER BRANDS NA PAGE 1 of6 Operator ID (Name) 8/11/2018 STEPHANIE WILSON 8/11/2018 STEPHANIE WILSON 8/11/2018 APRIL DIAZ 8/11/2018 MARGARET WRIGHT 10/1/2018 APRIL DIAZ 8/11/2018 CRYSTAL THOMAS 8/11/2018 CRYSTAL THOMAS 8/11/2018 CRYSTAL THOMAS 8/11/2018 KRISTY TAYLOR 8/11/2018 MARGARET WRIGHT 8/11/2018 SHERRY LOCKAMY NCPTS V4 -. 10/17/2018 53.30 10/17/2018 90.12 10/8/2018 442.12 10/15/2018 419.27 10/1/2018 100.65 10/9/2018 1,076.09 10/24/2018 2,424.68 10/15/2018 618.68 10/30/2018 878.30 10/19/2018 1,641.56 10/30/2018 9,610.78 Release Amount($) 53.30 90.12 442.12 585.54 300.33 10.59 52.24 2,424.68 228.23 878.30 67.67 9,380.78 -0.00 0.00 0.00 118.94 90.06 1,023.85 0.00 390.45 0.00 1,573.89 230.00 120318 HCBOC Page 26 Bill# Taxpayer Name 0002252313-2018-2018-0000-00-REG BARKER, STEVEN KEITH 0002257262-2018-2018-0000-00-REG BAILEY, ROBERT LEE II 0002259899-2018-2018-0000-00-REG POWELL, SHELIA JONES Subtotal RELEASE REASON: Deferred Bill 0000014410-2018-2018-0070-00-DLD WEST, JERRY R 0000048710-2018-2018-0070-01-DLD SMITH, EDSEL W Subtotal RELEASE REASON: Elderly Exclusion 0000016729-2018-2018-0000-00-REG SILVERTHORNE, LILLIAN E 0000017192-2018-2018-0000-00-REG FAIRCLOTH, JOHNNY MACK 0000028719-2018-2018-0000-00-REG BOLDT, KLAUS 0000030776-2018-2018-0000-00-REG DZWONKOWSKI, ANTON I ETTA 0000030850-2018-2018-0000-00-REG LEE, GLORIA T 0000031352-2018-2018-0000-00-REG LEWIS, BRENDA 0000035159-2018-2018-0000-00-REG MCKOY, BARBARA 0000043241-2018-2018-0000-00-REG VATER, STEPHEN L Subtotal RELEASE REASON: Exempt Property 0000024865-2018-2018-0000-00-REG HOLLY SPRINGS BAPTIST CHURCH Subtotal PAGE 2 of 6 Operator ID (Name) 8/11/2018 APRIL DIAZ 8/11/2018 APRIL DIAZ 8/21/2018 APRIL DIAZ 10/12/2018 MARGARET WRIGHT 10/8/2018 AMY BAIN 8/11/2018 CRYSTAL THOMAS 8/11/2018 CRYSTAL THOMAS 8/11/2018 CRYSTAL THOMAS 8/11/2018 CRYSTAL THOMAS 8/11/2018 CRYSTAL THOMAS 8/11/2018 CRYSTAL THOMAS 8/11/2018 CRYSTAL THOMAS 8/11/2018 CRYSTAL THOMAS 8/11/2018 CRYSTAL THOMAS 10/23/2018 10/15/2018 10/2/2018 10/12/2018 10/8/2018 10/22/2018 10/17/2018 10/17/2018 10/22/2018 10/17/2018 10/17/2018 10/22/2018 10/2/2018 10/9/2018 -. 556.22 39.97 39.14 244.30 160.78 1,132.25 579.89 2,201.25 1,460.18 696.83 1,199.49 646.79 1,223.64 1,354.31 Release Amount($) 139.72 39.97 30.10 13,552.61 244.30 160.78 405.08 1,132.25 579.89 2,201.25 1,460.18 696.83 1,199.49 646.79 1,223.64 9,140.32 278.22 278.22 . -416.50 0.00 9.04 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,076.09 120318 HCBOC Page 27 Bill# Taxpayer Name RELEASE REASON: Full rebate 0000024239-2018-2017-0000-00-REG HI PP GREG FARMS 0002256570-2017-2017-0000-00-REG UNKNOWN OWNER 0002256570-2018-2018-0000-00-REG UNKNOWN OWNER 0002258795-2018-2018-0000-00-REG HIPP, WILLIAM GREGORY Subtotal RELEASE REASON: Landuse change 0000014410-2018-2018-0000-00-REG WEST, JERRY R Subtotal RELEASE REASON: Less than min amt 0001009676-2018-2018-0000-00-REG CAROLINA TELEPHONE 0001009715-2018-2018-0000-00-REG GREYHOUND LINES INC 0001009719-2018-2018-0000-00-REG GREYHOUND LINES INC 0001581647-2018-2018-0000-00-REG MCI COMMUNICATION SERVICES INC 0001995814-2018-2018-0000-00-REG MCI COMMUNICATION SERVICES INC 0002254771-2018-2018-0000-00-REG TROLLYS INC OBA SUNWAY CHARTERS 0002254772-2018-2018-0000-00-REG TROLLYS INC OBA SUNWAY CHARTERS 0002254773-2018-2018-0000-00-REG TROLLYS INC OBA SUNWAY CHARTERS 0002254774-2018-2018-0000-00-REG TROLLYS INC OBA SUNWAY CHARTERS 0002254775-2018-2018-0000-00-REG TROLLYS INC OBA SUNWAY CHARTERS 0002257167-2018-2018-0000-00-REG SOUTHERN EXPRESS INC PAGE 3 of6 Operator ID (Name) 3/13/2018 SHERRY LOCKAMY 8/19/2017 MARGARET WRIGHT 8/11/2018 MARGARET WRIGHT 8/11/2018 SHERRY LOCKAMY 8/11/2018 MARGARET WRIGHT 10/8/2018 CRYSTAL THOMAS 10/3/2018 MARGARET WRIGHT 10/8/2018 CRYSTAL THOMAS 10/8/2018 CRYSTAL THOMAS 10/8/2018 CRYSTAL THOMAS 10/8/2018 CRYSTAL THOMAS 10/8/2018 CRYSTAL THOMAS 10/8/2018 CRYSTAL THOMAS 10/8/2018 CRYSTAL THOMAS 10/8/2018 CRYSTAL THOMAS 10/8/2018 CRYSTAL THOMAS -• 10/9/2018 11,264.46 10/2/2018 17.40 10/2/2018 17.40 10/3/2018 91.50 10/12/2018 1,852.28 10/2/2018 1.79 10/3/2018 2.56 10/2/2018 2.80 10/2/2018 0.58 10/2/2018 0.58 10/2/2018 0.29 10/2/2018 0.59 10/2/2018 1.08 10/2/2018 1.87 10/2/2018 2.42 10/2/2018 0.70 Release Amount($) 11,264.46 17.40 17.40 91.50 11,390.76 1,852.28 1,852.28 1.79 2.56 2.80 0.58 0.58 0.29 0.59 1.08 1.87 2.42 0.70 -0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 120318 HCBOC Page 28 Bill# Taxpayer Name 0002257170-2018-2018-0000-00-REG NC ELECTRIC MEMB CORP 0002257171-2018-2018-0000-00-REG NC ELECTRIC MEMB CORP 0002260891-2018-2018-0000-00-REG TROLLYS INC OBA SUNWAY CHARTERS 0002260892-2018-2018-0000-00-REG TROLLYS INC DBA SUNWAY CHARTERS 0002260915-2018-2018-0000-00-REG INTERFACE SECURITY SYSTEMS LLC Subtotal RELEASE REASON: Listed In Error 0002259071-2018-2018-0000-00-REG STEVENS, CHRISTOPHER LEGRAND Subtotal RELEASE REASON: Military 0001573351-2009-2009-0000-00-REG HANSON, MATTHEW THOMAS 0002257857-2018-2018-0000-00-REG COTCHALEOVITCH, CHAD AARON 0002258164-2018-2018-0000-00-REG PROSOSKI, KYLE THOMAS 0002260094-2018-2018-0000-00-REG CASWELL, ROBERT LEE Ill 0002260351-2018-2018-0000-00-REG SELBREDE, MATTHEW SCOTT 0002260712-2018-2018-0000-00-REG THOMPSON, NICHOLAS S Subtotal RELEASE REASON: Not in County 0002259088-2018-2018-0000-00-REG HAM, ALAN DARRELL Subtotal RELEASE REASON: Over Assessment 0001985209-2018-2018-0000-00-REG PENSKE TRUCK LEASING CO LP PAGE 4 of 6 Operator ID ,(Name) 10/8/2018 CRYSTAL THOMAS 10/8/2018 CRYSTAL THOMAS 10/8/2018 CRYSTAL THOMAS 10/8/2018 CRYSTAL THOMAS 10/9/2018 KRISTY TAYLOR 8/11/2018 CRYSTAL THOMAS 8/2/2009 APRIL DIAZ 8/11/2018 APRIL DIAZ 8/11/2018 APRIL DIAZ 8/21/2018 APRIL DIAZ 8/21/2018 SHANNON AUTRY 8/21/2018 APRIL DIAZ 8/11/2018 CRYSTAL THOMAS 8/11/2018 SHERRY LOCKAMY -• 10/2/2018 0.63 10/2/2018 0.60 10/2/2018 0.40 10/2/2018 1.01 10/9/2018 0.88 10/11/2018 10.02 10/1/2018 52.14 10/29/2018 34.00 10/9/2018 4.45 10/2/2018 441.08 10/18/2018 92.76 10/12/2018 185.18 10/30/2018 215.05 10/8/2018 1,821.61 Release Amount($) 0.63 0.60 0.40 1.01 0.88 18.78 10.02 10.02 78.21 34.00 4.45 441.08 92.76 185.18 835.68 215.05 215.05 419.53 -0.00 0.00 0.00 0.00 0.00 0.00 -26.07 0.00 0.00 0.00 0.00 0.00 0.00 1,402.08 120318 HCBOC Page 29 Bill# Taxpayer Name 0002260342-2018-2018-0000-00-REG TRUELOVE, JANET FAY Subtotal RELEASE REASON: Ownership change 0000004467-2018-2018-0000-00-REG BERG, LYNWOOD K 0000013587-2018-2018-0000-00-REG SIBELINS FOREST LLC, 0000043699-2018-2018-0000-00-REG ADA PROPERTIES LLC, 0002260910-2018-2018-0000-00-REG BARNES, BRENDA SIDNEY Subtotal RELEASE REASON: Removal of SW Fee 0000032451-2014-2014-0000-00-REG HABITAT FOR HUMANITY OF HARNET 0000032451-2015-2015-0000-00-REG HABITAT FOR HUMANITY OF HARNET 0000032451-2016-2016-0000-00-REG HABITAT FOR HUMANITY OF HARNETT COUNTY 0000032451-2017-2017-0000-00-REG HABITAT FOR HUMANITY OF HARNETT COUNTY 0000032451-2018-2018-0000-00-REG HABITAT FOR HUMANITY OF HARNETT COUNTY 0000034295-2018-2018-0000-00-REG BLANKENSHIP, DONALD ROBERT 0000057128-2018-2018-0000-00-REG WEATHERS, GLODEAN Subtotal RELEASE REASON: SMALL UNDERPAYMENT 0000009861-2017-2017-0000-00-REG BERENT, RICHARD G 0000013105-2018-2018-0000-00-REG CUMMINGS, KENNETH 0000021563-2018-2018-0000-00-REG HAILEY, SARAH 0000025241-2017-2017-0000-01-REG HORSEY, DORSIE C PAGE 5 of 6 Operator ID (Name) 8/21/2018 APRIL DIAZ 8/11/2018 AMY BAIN 8/11/2018 AMY BAIN 8/11/2018 AMY BAIN 10/2/2018 MARGARET WRIGHT 8/9/2014 MARGARET WRIGHT 8/8/2015 MARGARET WRIGHT 8/6/2016 MARGARET WRIGHT 8/22/2017 MARGARET WRIGHT 8/11/2018 MARGARET WRIGHT 8/11/2018 CRYSTAL THOMAS 8/11/2018 MARGARET WRIGHT 8/19/2017 JANNA HIGDON 8/11/2018 KIMBERLY BAKER 8/11/2018 JANNA HIGDON 8/19/2017 KIMBERLY BAKER 10/5/2018 10/2/2018 10/8/2018 10/8/2018 10/2/2018 10/2/2018 10/2/2018 10/2/2018 10/2/2018 10/2/2018 10/5/2018 10/19/2018 10/11/2018 10/16/2018 10/26/2018 10/3/2018 -• 14.57 50.10 2,660.52 1,214.99 22.83 140.00 140.00 140.00 140.00 140.00 1,181.92 195.80 1,226.48 158.42 278.08 70.14 Release Amount($) 6.87 426.40 50.10 2,660.52 1,214.99 22.83 3,948.44 70.00 70.00 70.00 70.00 70.00 70.00 70.00 490.00 0.76 0.60 0.08 0.27 -7.70 0.00 0.00 0.00 0.00 70.00 70.00 70.00 70.00 70.00 1,111.92 125.80 1,225.72 157.82 278.00 69.87 120318 HCBOC Page 30 Bill# Taxpayer Name 0000028027-2018-2018-0000-00-REG JOHNSON, MELISSA ANN 0000030191-2018-2018-0000-00-REG LANGDON. WILLIS C 0000030648-2018-2018-0000-00-REG LEAIRD, ELVA GRAY 0000063330-2018-2018-0000-00-REG FAIRCLOTH, ELVIS G 0001579022-2009-2009-0000-00-REG MUSE, LAUGHLIN MCLEOD JR 0001585307-2008-2008-0000-00-REG MOORE, QUNELLA LASHONE 0001663251-2009-2009-0000-00-REG CAPPS, JENNIFER MARIE 0001731073-2018-2018-0000-00-REG MCARTHUR, ERIC DONNELL 0001752256-2009-2009-0000-00-REG GARDNER, MICHAEL A J PATRICK 0001752483-2009-2009-0000-00-REG WILLIAMS, EDDIE B JR 0001760423-2009-2009-0000-00-REG WEST-BELL, CHELLISHIA GWENNETT 0001760897-2009-2009-0000-00-REG HARRINGTON, LESTER LEE 0001779368-2018-2018-0000-00-REG PRECISION CUSTOM HOMES AND RENOVATI, 0002002113-2018-2018-0000-00-REG GARCIA, YOLANDA LETICIA 0002111822-2018-2018-0000-00-REG BROWN, BOBBY SR 0002246005-2018-2018-0000-00-REG HIPP, WILLIAM ALFRED JR 0002246488-2017-2016-0000-00-REG MANGUM, TIMOTHY JAY 0002257721-2018-2018-0000-00-REG WINSTON 104 GROUP LLC Subtotal Total PAGE 6 of6 Operator ID (Name) 8/11/2018 KARA DANIELS 10/24/2018 8/11/2018 KARA DANIELS 10/1/2018 8/11/2018 KIMBERLY 10/9/2018 BAKER 8/11/2018 KARA DANIELS 10/26/2018 10/1/2009 YVONNE MCARTHUR 12/1/2008 YVONNE MCARTHUR 6/1/2009 YVONNE MCARTHUR 10/2/2018 10/1/2018 10/4/2018 8/11/2018 KARA DANIELS 10/25/2018 2/2/2010 KARA DANIELS 10/2/2018 2/2/2010 KIMBERLY 10/11/2018 BAKER 5/3/2010 YVONNE 10/18/2018 MCARTHUR 5/3/2010 KIMBERLY 10/11/2018 BAKER 8/11/2018 AMY BAIN 10/15/2018 8/11/2018 KIMBERLY 10/10/2018 BAKER 8/11/2018 KARA DANIELS 10/24/2018 8/11/2018 KARA DANIELS 10/30/2018 2/27/2017 KARA DANIELS 10/4/2018 8/11/2018 KARA DANIELS 10/8/2018 -• 1,022.87 140.76 894.35 921.90 27.92 25.56 13.53 410.96 15.34 40.95 28.47 10.31 570.90 21.00 68.34 4.27 4.98 1,037.64 Release Amount($) 0.40 0.60 0.01 0.19 0.32 0.16 0.16 0.01 0.22 0.44 0.01 0.01 0.90 1.00 0.45 0.40 0.09 0.06 7.14 43,156.32 -1,022.47 140.16 894.34 921.71 27.60 25.40 13.37 410.95 15.12 40.51 28.46 10.30 570.00 20.00 67.89 3.87 4.89 1,037.58 120318 HCBOC Page 31 Agenda Item _....;4;.__-_D ___ __ PROCLAMATION RECOGNIZING HARNETT COUNTY EMERGENCY SERVICES DIRECTOR JIMMY RIDDLE FOR HIS DEDICATED SERVICE TO THE COUNTY AND ITS CITIZENS THAT WHEREAS, Jimmy Riddle began his emergency services career with Harnett County in 1986 as a professional Firefighter and Emergency Medical Technician and was appointed Emergency Services Director in 2014; and WHEREAS, Jimmy's tenure as Emergency Services Director has moved Hamett County's emergency response capability forward as he has built partnerships with emergency agencies and organizations inside and outside of the County, seeking every possible training opportunity for emergency responders and creating an emergency services network that ensured success; and WHEREAS, Jimmy has developed a strong multi-disciplined emergency services team throughout the entire county. His team approach to emergency planning and response has enhanced the response capabilities of Hamett County. He has successfully led the Emergency Medical Services Department and Hamett County in several major events, including Hurricanes Matthew and Hurricane Florence; and WHEREAS, Jimmy has built strong relationships with emergency response agencies within Harnett County, as well as with local, state and federal partners. He developed a comprehensive Emergency Operations Plan to include all response partners within Hamett County. He never hesitates to offer assistance to surrounding counties and to counties across North Carolina and the United States, and Hamett County has reaped the benefits of these partnerships when it has needed assistance; and WHEREAS, Jimmy has developed an Emergency Management Strategic Plan which created a 5 year road map for emergency management planning and response efforts in Hamett County; and WHEREAS, Jimmy has secured grant funding through the U.S. Department of Homeland Security to provide over $1,088,436.00 in critical equipment and training for area first responders; and WHEREAS, Jimmy has established the School Crisis Planning Committee and developed a comprehensive Crisis Res ponse Plan for Harnett County Schools that included detailed response procedures and aerial maps with pre-established critical facility locations that was distributed to all response agencies and every emergency response vehicle; and WHEREAS, Jimmy has become a key member of the Hamett County Emergency Services team and has provided the County's citizens with 32 years of selfless service and leadership. NOW, THEREFORE, BE IT RESOLVED , by the Harnett County Board of Commissioners that Jimmy Riddle is hereby commended and honored on behalf of all the citizens of Hamett County for his exemplary service and contributions to Harnett County. The Board does hereby express its appreciation of Jimmy for the outstanding leadership, integrity, and dedication given in his service as Emergency Services Director and it offers its best wishes to Jimmy and his family in his retirement. Adopted this the 3rd day of December, 2018. HARNETT COUNTY BOARD OF COMMISSIONERS C. Gordon Springle, Chairman Howard L. Penny, Jr., Vice Chairman Abe Elmore Barbara McKoy Joe Miller 120318 HCBOC Page 32 Board Meeting Agenda Item Agenda Item __ 4.;;._...-..;;E ___ _ MEETING DATE: December 3, 2018 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Devontay Deon Myles v. Harnett County Sheriffs Department, Wayne Coats, Julie Planko, Holli Jenkins, Steven Tart, and Travelers Casualty and Insurance Company of America (FULL RELEASE OF ALL CLAIMS) REQUESTED BY: Monica Langdon Jackson, Senior County Staff Attorney REQUEST: Disclosure of Settlement Agreement pursuant to Section 143-218.1 l(a)(3) of the North Carolina General Statutes. C :\Users\gwheeler\AppData\Local\M icrosoft\ Wind ows\lNetC ac he\Content. Outl ook\ T PTEQ CL V\agendaform . D . Myles Settl ement Di sclosure.docx Page I of 2 120318 HCBOC Page 33 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA WESTERN DIVISION NO. 5:17-CT-3046-BO DEVONTA YD. MYLES, ) ) ) ) ) ) ) ) ) Plaintiff, V. WAYNE COATS, et al., Defendants. ORDER On July 27, 2018, the court entered an order stating that it had been advised that the parties have settled all matters in controversy among them and directed them to file a stipulation of dismissal or other case closing document within 30 days. On August 10, 2018, defendants Wayne Coats ("Coats"), the Hamett County Sheriff's Department (the "Sheriff's Department"), Steven Tart ("Tart"), and Travelers Casualty Insurance Company of America ("Travelers") filed a notice of settlement clarification (DE 56) stating that the settlement pertains only to them, and that the remaining defendants are not part of the settlement agreement. Defendants Coats, the Sheriff's Department, Tart, and Travelers then filed a stipulation of dismissal (DE 57). The court GRANTS the stipulation of dismissal (DE 57), and the action is DISMISSED as to defendants Coats, the Sheriff's Department, Tart, and Travelers with prejudice. Each party will bear its own costs and attorneys fees. The action remains pending against the remaining defendants. Because the action has been dismissed against defendants the Sheriff's Department, Coats, and Tart, their pending motion to dismiss (DE 47) is DENIED as MOOT. Case 5:17-ct-03046-BO Document 58 Filed 08/22/18 Page 1 of 2 120318 HCBOC Page 34 Also pending before the court is Jeffrey S. Price's motion to withdraw as counsel of record for defendant Traveler's (DE 53). For good cause shown, the motion (DE 53) is GRANTED. Tue Clerk of Court is DIRECTED to terminate Jeffery S. Price as attorney of record for plaintiff, and discontinue his electronic notification in this matter. SO ORDERED, this the ~ day of August, 2018. RRENCE w. BOYLE ~~4;-4 United States District Jud: 2 Case 5 :17-ct-03046-BO Document 58 Filed 08/22/18 Page 2 of 2 120318 HCBOC Page 35 FULL RELEASE OF ALL CLAIMS 1) I, Devontay Deon Myles, for and in consideration of the payment in the amount of TWENTY FIVE THOUSAND DOLLARS ($25,000.00), consisting of combined payments to be made by or on behalf of the parties hereby released, have this day released and discharged the Harnett County Sheriffs Office, Sheriff Wayne Coats, Steven Tart, Travelers Casualty and Insurance Company of America, One Beacon Insurance Company, as well as their successors, assigns, past, present and future affiliated or subsidiary companies, insurers, attorneys, employees, and representatives ("the Released Parties") from all claims, demands or causes of action which I may have against the Released Parties as of the date of this agreement, including but not limited to the claims made in the lawsuit title.cl Devontay Deon Myles v. Hamett County Sheriff's Department, Wayne Coats, Julie Planko, Holli .Jenkins, Steven Tart, and Travelers Casualty and Insurance Company of America, 5: l 7-ct-3046-BO ("the Lawsuit"). This includes , but is not limited to , claims for personal injuries, loss of use, punitive or exemplary damages, lo ss of consortium, emotional distress , scarring or other permanent injuries, pain and suffering, medical costs and expenses, loss of income or earnings, loss of earning capacity and any and all other loss, damage , cost or expense sustained or which may be sustained by me, past, present or prospective and known or unknown, and which resulted or may have resulted from an incident in which I have alleged excessive force was used against me on August 2, 2016. I understand and agree that I rely wholly upon my judgment, belief and knowledge as to the nature, extent, effect and duration of my alleged damages and liability for them , and the same is made without reliance upon any statement or representation by any of the Released Parties. 2) It is further understood and agreed that this settlement is the compromise of a disputed claim and that the payments made are not to be construed as an admission of liability on 120318 HCBOC Page 36 FULL RELEASE OF ALL CLAIMS 1) I, Devontay Deon Myles, for and in consideration of the payment in the amount of TWENTY FIVE THOUSAND DOLLARS ($25,000.00), consisting of combined payments to be made by or on behalf of the parties hereby released, have th.is day released and discharged the Harnett County Sheriffs Office, Sheriff Wayne Coats, Steven Tart, Travelers Casualty and Insurance Company of America, One Beacon Insurance Company, as well as their successors, assigns, past, present and future affiliated or subsidiary companies, insurers, attorneys, employees, and representatives ("the Released Parties") from all claims, demands or causes of action which l may have against the Release.d Parties as of the date of this agreement, including but not limited to the claims made in the lawsuit titled Devontay Deon Myles v. Harnett Coun ty Sherfff's Department, Wayne Coats. Julie Planko, Holli Jenkins, Steven Tari , and Travelers Casualty and Insurance Company of America, 5: 17-ct-3046-BO ("the Lawsuit"). This includes, but is not limited to, claims for personal injuries, loss of use, punitive or exemplary damages, loss of consortium, emotional distress, scan-ing or other permanent injuries, pain and suffering, medical costs and expenses, loss of income or earnings, loss of earning capacity and any and all other lo ss, damage, cost or expens e s ustained or which may be sustained by me, past, present or prospective and known or unknown, and which resulted or may have resulted from an incident in which I have aJleged excessive force was used against me on August 2, 2016. I understand and agree that I rely wholly upon my judgment, belief and knowledge as to the nature, extent, effect and duration of my alleged damages and liabihty for them, and the same is made without reliance upon any statement or representation by any of the Released Parties. 2) It is further understood a nd agreed that this settlement is the compromise of a disputed claim and that the payments made. are not to be construed as an admission of liability on 120318 HCBOC Page 37 the part of any of the persons, firms, corporations or entities released, by whom liability is expressly denied. 3) I agree that I will file a Stipulation of Dismissal with prejudice of the Released Pai.ties from the Lawsuit upon execution of this agreement, with each party bearing its own fees, costs, and expenses. 4) I warrant and represent that I wilJ satisfy all claims or liens arising from the events described in the Lawsuit. T further agree to protect fully, to hold harmless, and to indemnify the Released Parties for damages (and any judgments, costs and attorneys' fees resulting therefrom) which may be brought, instituted or otherwise asserted against the Released Parties, by anyone or any entity (including any insurance carrier or health care provider) who has a purported subrogation interest in, or claims to have a lien against, or seeks reimbursement from, the settlement fonds referred to in Paragraph 1 of this Release. Released parties will immediately notify plaintiff's attorney should any such claim arise. 5) I wan-ant and represent that I have not received, nor applied for, any Medicare or Medicaid benefits related to the injury the injuries I sustained arising out of the conduct alleged in the above captioned lawsuit, and that I have no information or belief that I will require any future medical care as a result of this injury that would be covered by Medicare or Medicaid. 6) No oral or parol evidence of any kind shall be admissible to vary, contradict, or explain the terms of this Release Agreement (''Release"), which all parties covered by this Release agree are clear and unambiguous. 7) This Release shall become effective immediately following execution and it shall survive execution and delivery. Each term of this Release i s a contractual condition and not a mere recital. 4839 -1374-3981 , V. 1 2 120318 HCBOC Page 38 8) If any provision of this Release or the application of it to any person or circumstance is invalid or unenforceable to any extent, the remainder of this Release and the application of such provisions to other persons or circumstances shall not be affected, and the intent of this Release shall be enforced to the greatest extent pennitted by law. 9) I acknowledge that I will keep the contents of this Agreement and the terms of the settlement confidential to the extent allowed by law. 1 expressly agree not to comment upon, discuss or disclose to any person or entity any information concerning the terms, conditions and provisions of this Agreement or any other matter relating to this Agreement, except to the extent necessary to comply with any law or court-ordered disclosure. 10) This Release contains the entire agreement benveen the parties with regard to the matters set forth in it and shall be binding upon and inure to the benefit of the heirs, successors, assigns, employees, representatives and agents of each. There are no promises, representations, inducements or agreements, collateral or otherwise, other than those that are specifically set forth in this Release and I acknowledge that in signing this Release I have not relied on any representation or statement not set forth in this Release. The tem1S of this Release shall be modified only on written agreement of all patties. 11) I am at least eighteen (18) years old, have never been declared incompetent by any court of law or other adjudicative body and am under no legal disability. I have been represented by counsel of my choosing at all times in this matter and have had the opportunity to review this Release with counsel. 12) This Release shall be construed and interpreted in accordance with the laws of the State ofNorth Carolina. 4839-1 374-3981, V. 1 3 120318 HCBOC Page 39 13) I further state that I have carefully read this Release and know the contents of it, and I sign this Release as my own free act and deed. J understand that this is a general release. TIDS IS A FINAL RELEASE OF ALL CLAIMS. READ BEFORE SIGNING. IN WITNESS, I have set my hand and seal. This the __ lS'~_day of August, 2018. (SEAL) STATE OF NORTH CAROLINA ~~ COUNTY a_f ..... _.),l.-.>t<.--·42 ...... ---~~-e-~---A~~-·· Notary Public, do hereby certify that Devontay Deon Myles personally a ppeared before me this day and acknowledged the due execution of the foregoing Full Release of Claims for the purposes t herein expressed. Witness my hand and notarial seal, th.is the Ji_ day of August, 2018. ~LI~ f1~_t,_\ __ _ My commission expires: My Commission Expires Z-12-2021 4839-1374-3981 , V. 1 4 120318 HCBOC Page 40 Board Meeting Agenda Item Agenda Item 4 - F _ ____;;,_,;;;,... __ MEETING DATE: December 3, 2018 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Barring Off Taxes for the Year 2008 REQUESTED BY: Silas Keith Faulkner, Tax Administrator REQUEST: Pursuant to NCGS 105-378(a), the Tax Department requests barring off2008 taxes that can no longer be forced collected. As of September 1, 2018, these taxes can no longer be legally collected through forced collection procedures. The amount of County taxes to be barred off on real and personal property is $16,653.13. The amount of County taxes to be barred off on motor vehicles is $44,810.83. These amounts are as of October 31, 2018. Attached are two reports showing the above totals. We collect delinquent taxes through various processes and procedures including wage garnishment, bank attachment, sheriff executions, debt setoff, other county certifications, and foreclosure. Please note that we continue to make progress in our efforts to collect delinquent taxes. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: 120318 HCBOC Page 41 Date run: 11/6/2018 4:25:54 PM Data as of: 11/5/2018 7:41 :02 PM Report Parameters: Date Sent to Finance Start: Min -January 1, 2018 Tax District: HARNETT COUNTY Levy Type: Interest, LATE LIST PENALTY, TAX Tax Year: 2008 Default Sort-By: Tax Year TR-401 C Net Collections Report NCPTS V4 Date Sent to Finance End: Max -October 31, 2018 Abstract Type: BUS,IND,PUB,REI Grouping: YearFor: 2008,2007,2006,2005,2004,2003,2002,2001, 2000,1999,1998,1997 Tax District,Levy Type Collapse Districts: N Fiscal Year Activity from July 1, 20XX to October 31, 2018 Activity from January 1, 2018 to October 31, 2018 ;iorig.-emect):,-r-:;:..~Amt ($E-:~ .J"F· _-:~~\-~ ~ .,, ~.~. : TAX DISTRICT: HARNETI COUNTY 2008 0.00 Sub. 0.00 TAX DISTRICT: HARNETI COUNTY 2008 35,497.12 -Sub. 35,497.12 LEVY TYPE: Interest -0.00 0.00 --·-0.00 0.00 0.00 0.00 0.00 0.00 Net Levy($) Collection Fee · Amt($) 0.00 0.00 0.00 0.00 LEVY TYPE: LATE LIST PENALTY 0.00 6,306.34 36,714.18 65,904.96 0.00 0.00 0.00 6,306.34 36,714.18 65,904.96 0.00 0.00 PAGE 1 of 2 Amt Collect. ($) -~-----··-% Coll. ' 212,598.77 NA 212,598.77 NA 65,860.53 99.93 % 65,860.53 99.93 % 0.00 NA -0.00 NA I 44.431 0.07 % 44.43 0.07% 1,362.61 0.00 0.00 1,362.61 0.00 0.00 0.78 0.00 0.00 0.78 0.00 0.00 -' . 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 120318 HCBOC Page 42 I I Orig. Billed · Amt($) Fiscal Year Activity from July 1, 20XX to October 31, 2018 i-:{.~ . . . jA~d~ti~-~al~ --~--• •~Levy ($m ~,1 ,=:t. -ff~·. -1 _-_i~! Net Levy($) Collection Fee --" • Amt ($} ·· .·-Amt Collect. {$) ~ -:c 0/o Coll. TAX DISTRICT: HARNETT COUNTY LEVY TYPE: TAX 2008 36,758,353.55 3,838.34 172,368.48 126,585.16 36,768,158.24 36,751,549.54 59,426.35 0.00 99.95 % Sub. 36,758,353.55 3,838.34 172,368.48 126,585.16 36,768,158.24 36,751,549.54 59,426.35 0.00 99.95 % Total 36,793,850.67 3,838.34 178,674.82 163,299.34 36,834,063.20 37,030,008.84 59,426.35 0.00 99.95 % ~ ~ Signature (Tax Collector) PAGE2of2 Activity from January 1, 2018 to October 31, 2018 I 16,608.701 1,742.35 169.79 0.00 0.00 0.05 %1 0.00 16,608.701 1,742.35 169.79 0.00 0.00 0.05% 0.00 16,653.131 3,105.74 169.79 0.00 0.00 -0.05% 0.00 --120318 HCBOC Page 43 Date run: 11/6/2018 4:26:17 PM Data as of: 11/5/2018 7:41 :02 PM Report Parameters: Date Sent to Finance Start: Min -January 1, 2018 Tax District: HARNETT COUNTY Levy Type: Interest, LA TE LIST PENAL TY, TAX Tax Year: 2008 Default Sort-By: Tax Year TR-401 C Net Collections Report NCPTS V4 Date Sent to Finance End: Max -October 31, 2018 Abstract Type: RMV YearFor: 2008,2007,2006,2005,2004,2003,2002,2001, 2000, 1999, 1998, 1997 Grouping: Tax District,Levy Type Collapse Districts: N Fiscal Year Activity from July 1, 20XX to October 31, 2018 Activity from January 1, 2018 to October 31, 2018 Tax Orig. Billed Abs. Adj($) BiU'Releases· Disc}Levy'': Year : Amt($) f-".t~($)i:1!:) 1 >. ($)'>· ,: r. ~~ilti!)':-~ i"·' o }.__":.I~--;,;, :-:.:. '" ~ \;. !( l -, "~' r. ,:. ,-:S\':jlr •. ? •• •.•. ,, -----·-;,. -~ .... ~. t·; ,,L:\•'.?: • ·.~, Additional Levy($) TAX DISTRICT: HARNETT COUNTY LEVY TYPE: Interest 2008 0.00 0.00 0.00 Sub. 0.00 0.00 0.00 TAX DISTRICT: HARNETT COUNTY LEVY TYPE: TAX 2008 5,683,284.07 0.00 591,109.84 0.00 0.00 0.00 0.00 0.00 Net Levy ($) j Collection Fee Amt($) 0.00 0.00 0.00 0.00 5,092,174.23 I PAGE 1 of 2 Amt Collect. ($) % Coll. 98,044.68 NA 98,044.68 NA 5,047,363.40 0.001 NA 0.00 NA 44,810.831 1,843.05 0.00 0.00 0.00 0.00 -1,843.05 0.00 0.00 0.00 -0.00 2,181.96 0.00 79.25 0.00 120318 HCBOC Page 44 Fiscal Year Activity from July 1, 20XX to October 31, 2018 Sub. Total Orig. Billed Amt($) 5,683,284.07 5,683,284.07 ·Abs.Adj($) Bill Releases ($) 0.00 591,109.84 0.00 591,109.84 Signature (Tax Collector) I L Additional Levy($) 0.00 -0.00 0.00 0.00 0.00 · Net Levy($) Collection Fee Amt($) 0.00 5,092,174.23 0.00 5,092,174.23 0.00 PAGE 2 of 2 "; Amt Collect. . . ($) , ... ~----·--·----% Coll. .. 99.12 % 5,047,363.40 99.12 % 5,145,408.08 99.12 % Activity from January 1, 2018 to October 31, 2018 0.88% 0.00 -· -44,810.83 2,181.96 0.00 79.25 0.00 0.88 % 0.00 44,810.83 4,025.01 0.00 79.25 0.00 0.88 % I 0.00 120318 HCBOC Page 45 Board Meeting Agenda Item Agenda Item 4 -G ---=----,; MEETING DATE: December 3, 2018 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Yard Waste Reduction Award and Service Contract REQUESTED BY: Amanda Bader, PE, County Engineer REQUEST: Solid Waste requests award of bid and approval of a three year service contract for yard waste reduction to Martin Edwards. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\gwheeler\AppData\Local\Microsoft\ Window s\INetCache\ContentOutlook\TPTEQCL V\agendaform2018 (003).docx Page I of I 120318 HCBOC Page 46 -. Bidder .. Martin Edwards Farmer's Mulch & Rock Simmons & Simmons Harnett County Solid Waste Bid Tabulation LCID Yard Waste Volume Reduction Services Date: October 30, 2018 Afternate Bid: Based Bid: . .. Screen Wood Wast,, Grind Wood Waste 5/8" product $11.50/ton $18.00/ton $13.45/ton $3.75/yard $19.00/ton $5.00/ton Additive/Deductive . Bi.d , Same as grind No Bid No Bid 120318 HCBOC Page 47 STATE OF NORTH CAROLINA SERVICE CONTRACT COUNTY OF HARNETT THIS SERVICE CONTRACT ("Contract") is made, and entered into this the 3rd day of December 2018, by and between the COUNTY OF HARNETT, a political subdivision of the State of North Carolina, (hereinafter referred to as "COUNTY")and Martin Edwards and Associates. Inc. (hereinafter referred to as "CONTRACTOR"). I. SERVICES TO BE PROVIDED AND AGREED CHARGES CONTRACTOR hereby agrees to provide services and/or materials under this contract (hereinafter referred to collectively as "Services") pursuant to the provisions and specifications identified in Attachment 1 "Bid Proposal". COUNTY hereby agrees to pay for Services at per unit prices contained in Attachment I and pursuant to Paragraph 3 of this Contract. Attachment I is hereby incorporated by reference as fully set out herein . 2. TERM OF CONTRACT The term of this Contract for services and supplies is from January I, 2019 to January 1, 2022. 3. NON-APPROPRIATION CONTRACTOR acknowledges that COUNTY is a governmental entity and the validity of this Contract 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 County's obligations under this Contract, then this Contract shall automatically expire without penalty to COUNTY 30 days after written notice to the CONTRACTOR of the non-appropriation of public funds. 4. PAYMENT TO CONTRACTOR CONTRACTOR shall receive from COUNTY a sum not to exceed invoice as full compensation for the provision of services. COUNTY agrees to pay at the rates specified for services, satisfactorily performed, in accordance with this Contract, and in Attachment I. Unless otherwise specified, CONTRACTOR sha11 submit an itemized invoice to COUNTY upon completion of services performed. Payment will be processed promptly upon receipt and approval of the invoice by COUNTY. 5. INDEPENDENT CONTRACTOR COUNTY and CONTRACTOR agree that CONTRACTOR is an independent contractor and shall not represent itself as an agent or employee of COUNTY for any purpose in the performance of CONTRACTOR'S duties under this Contract. Accordingly, CONTRACTOR shall be responsible for payment of all Federal, State and Local taxes as well as business license fees arising out of CONTRACTOR'S activities in accordance with this Contract. For purposes of this Contract taxes shall include, but not be limited to, Federal and State Income, Social Security and Unemployment Insurance taxes. CONTRACTOR, as an independent contractor, shall perform the Services in a professional manner and in accordance with the standards of applicable professional organizations and licensing agencies. 6. INDEMNITY To the fullest extent permitted by laws and regulations, the CONTRACTOR shall indemnify and hold harmless the COUNTY and its officials, agents, and employees from and against all claims, damages, losses , and expenses, direct, indirect, or consequential (including but not limited to fees and charges of engineers or architects, attorneys , and other professionals and costs related to court action or arbitration) arising out of or resulting from the 120318 HCBOC Page 48 performance of this Contract or the actions of the CONTRACTOR or its officials, employees, or contractors under this Contract or under the contracts entered into by the CONTRACTOR in connection with this Contract. This indemnification shall survive the termination of this Contract. 7. INSURANCE CONTRACTOR shall obtain, at its sole expense, all insurance required in the following paragraphs, listed below as A, B, & C. A. Workers' Compensation Insurance -Coverage for all paid and volunteer workers meeting the statutory requirements of The North Carolina Workers ' Compensation Act, North Carolina General Statute §97. B. Commercial Automobile Liability -Coverage with limits no less than $1,000,000 .00 per occurrence for bodily injury and property damage for any vehicle used during performance of the Services, including coverage for owned, hired, and non-owned vehicles. C . Commercial General Liability Insurance -Bodily injury and property damage liability as will protect the CONTRACTOR from claims of bodily injury or property damages which arise from operations of this Contract. The amounts of such insurance coverage shall not be less than $2,000,000.00 per occurrence and $3,000,000.00 aggregate coverage. CONTRACTOR agrees to furnish COUNTY proof of compliance with the insurance coverage requirements of this Contract upon request. CONTRACTOR upon request by COUNTY shall furnish a certificate of insurance from an insurance company, licensed to do business in the State of North Carolina and acceptable to COUNTY verifying the existence of any insurance coverage required by COUNTY. The certificate will provide for sixty (60) days advance notice in the event of termination or cancellation of coverage. COUNTY and its employees shall be named as an additional insured on the required policies of insurance, except workers' compensation. 8. HEALTH AND SAFETY CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs required by OSHA and all other regulatory agencies while providing services under this contract. 9. NON-DISCRIMINATION IN EMPLOYMENT CONTRACTOR shall not discriminate against any employee or applicant for employment because of age , sex, race, creed, national origin, or disability. CONTRACTOR shall take affirmative action to ensure that applicants are employed and that employees are treated fairly and legally during employment with regard to their age, sex, race, creed, national origin, or disability. In the event CONTRACTOR is determined by the final order of an appropriate agency or court to be in violation of any non-discrimination provision of federal, state or local law or this provision, this Contract may be canceled, terminated or suspended in whole or in part by COUNTY, and CONTRACTOR may be declared ineligible for further COUNTY contracts. 10. GOVERNING LAW AND VENUE This Contract shall be governed by and in accordance with the laws of the State of North Carolina. All actions relating in any way to this contract shall be filed and heard in the Superior Court of Harnett County. 11. USE OF COUNTY NAME PROHIBITED Contractor may not use the name or other identifying characteristic of the County or its employees in any advertisements or promotions. 2 120318 HCBOC Page 49 I 2. TERMINATION This Contract may be terminated, without cause, by either party upon thirty (30) days written notice to the other party . This termination notice period shall begin upon receipt of the notice of termination. Such a termination doe s not bar either party from pursuing a claim for damages for breach of the Contract. This Contract may be terminated, for cause, by the non-breaching party notifying the breaching party of a substantial failure to perform in accordance with the provisions of this Contract and if the failure is not corrected within seven days of the receipt of the notification. Upon such termination, the parties shall be entitled to such additional rights and remedies as may be allowed by relevant law. Termination of this Contract, either with or without cause, shall not form the basis of any claim for loss of anticipated profits by either party. 13. SUCCESSORS AND ASSIGNS CONTRACTOR shall not assign its interest in this Contract without the written consent of COUNTY . CONTRACTOR has no authority to enter into contracts on behalf of COUNTY. 14. COMPLIANCE WITH LAWS CONTRACTOR represents that it is in compliance with all Federal, State, and local laws, regulations or orders, as amended or supplemented. The implementation or this Contract will be carried out in strict compliance with all Federal, State, or local laws regarding discrimination in employment. COUNTY is an equal opportunity employer. COUNTY is a federal contractor, and therefore the provisions and affirmative action obligations of 41 CFR § 60-1.4(a), 41 CFR 60-741.5(a), and 41 CFR 60-250.4 are incorporated herein by reference, where applicable. 15. NOTICES Notices required or provided for under this Contract shall be sufficient if sent by certified mail, return receipt requested or via personal delivery to such addresses as the parties may designate from time to time in writing. Notice shall be deemed to be given and received three days after being sent certified mail or upon hand delivery to the address below: TO COUNTY: Amanda Bader Engineering & Solid Waste Post Office Box 2773 (mail) I 02 East Front Street (physic a l) Lillington, North Carolina 27546 With Copy to: Monica L. Jackson Senior Staff Attorney Post Office Box 238 (mail) 420 McKinney Parkway (physical) Lillington, North Carolina 27546 TO CONTRACTOR: 3 120318 HCBOC Page 50 16. AUDIT RIGHTS For all Services being provided under this Contract, COUNTY shall have the right to inspect, examine, and make copies of any and all books, accounts, invoices, records and other writings relating to the performance of said Services. Audits shall take place at times and locations mutually agreed upon by both parties, although CONTRACTOR must make the materials to be audited available within one (1) week of the request for them. 17. COUNTY NOT RESPONSIBLE FOR EXPENSES COUNTY shall not be liable to CONTRACTOR for any expenses paid or incurred by CONTRACTOR unless otherwise agreed in writing. 18. EQUIPMENT CONTRACTOR shall supply, at its sole expense, all equipment, tools, materials, and/or supplies required to provide the Services unless otherwise agreed in writing. 19. ENTIRE AGREEMENT This Contract and the attached document labeled "Attachment I", shall constitute the entire understanding between COUNTY and CONTRACTOR and shall supersede all prior understandings and agreements relating to the subject matter hereof and may be amended only by written mutual agreement of the parties. 20. HEADINGS The subject headings of the paragraphs are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. This Contract shall be deemed to have been drafted by both parties and no purposes of interpretation shall be made to the contrary. 21. E-VERJFY CONTRACTOR understands that E-Verify is the federal program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with §64-25(5) of the North Carolina General Statutes. Provided that CONTRACTOR is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State, then the CONTRACTOR understands and certifies that they shall verify the work authorization of the employee through E-Verify in accordance with §64-26(a) of the North Carolina General Statutes. CONTRACTOR further certifies that their subcontractors comply with E- Verify pursuant to federal law, and CONTRACTOR will ensure compliance with E-Verify by any subcontractors subsequently hired by Contractor. 22. SEVERANCE CLAUSE In the event any provision of this Contract is adjudged to be not enforceable or found invalid, such provision shall be stricken and the remaining provisions shall be valid and enforceable. 4 120318 HCBOC Page 51 IN WITNESS WHEREOF, COUNTY and CONTRACTOR have caused this Contract to be duly executed as of the day and year first written above. Owner: Harnett County Printed Name: Paula K. Stewart Title:_County Manager Signature: ___________ _ Attest: Name: ---------- Title: ------------ Contractor: Martin Edwards & Associates, lnc. Printed Name: Title: ______ _ Signature: ___________ _ Attest: Name: Title : ------------ 5 120318 HCBOC Page 52 --~ ~-~"'- · -~ Harnett COUNTY IICIRJH fAROl 111/ COUNTY OF HARNETT I INFORMAL BID DATE: October 5, 2018 I QUOTE DUE NO LATER THAN 4:00 PM on Tuesday, October 30, 2018 BUYER: Renea Warren-Ford Bid price shall include services to be provided at: rwarren-ford@harnett.org COUNTY OF HARNETT Pursuant to General Statutes of North Carolina, Section 143-129, as amended, bids and proposals subject to the conditions and specifications herein, are invited for furnishing all labor, supervision, materials and equipment for the project described herein. Prices or any other entry made hereon by the bidders shall be considered firm and not subject to change or withdrawal. Bidders certify under penalty of perjury that this bid has not been arrived at colluslvely and that no Federal or North Carolina antitrust laws have been violated. State and County sales taxes shall not be included in the bid prices on any materials to be used in this contract. The Contractor wlll be reimbursed for sales taxes in addition to the prices bid upon submission of an invoice showing as a separate item the amount of tax paid. Sales tax will be reimbursed only on items that are annexed to, affixed to, or in some manner have become a part of the building or structure being erected, altered or repaired . Bidders shall sign this form and return it with additional bid documents on or before the above date and t i me, to the County of Harnett Purchasing Division, PO Box 760, Lillington, NC 27546. Bids may be scanned and returned by e-mail. ITEM DESCRIPTION COST Base Bid: Grind Wood Waste s /, 5o ton Alternate Bid: Screen Wood Waste, 5/8" product $ /. • t?O ton Additive/Deductive Bid: Burn of Storm Related Debris . MAtO tJ 1;PM'll2J:>S' .J-A§oa,r15s !KY. Company Name po B01£ 3..> ·v0 Address f\){.. tol:sol 18 City State Zip Date ~dVr\l")Q r\.\A,1 \ r\'\0., (.OM q to-5~ I-7t/:2 o E-~ Telephone Fax Bv check ing this box, t acknowledge tha t I have read and accept the terms and conditions assoc iated with this bid 1 120318 HCBOC Page 53 1) SCOPE OF WORK SPECIFICATIONS LCIO YARD WASTE VOLUME REDUCTION SERVICES a) The County of Harnett is seeking qualified contractors to provide the County with debris grinding services for LCID and Yard Waste until June 30, 2021. The County is seeking a base bid with an additive bid item for screening and an alternate bid item for burning debris. Award of contract will be based on the combination of bids that are selected by the Owner. b) The Contractor shall schedule his operations, arrange for delivery of equipment and supplies to the building, and regulate the arrival or leaving of his personnel in accordance with written instructions from the Owner's representative. The Owner will determine prior to mobilization what services will be required . c) Mobilization & De-Mobilization of Equipment: This includes mobilizing grinding (or burn box) equipment, loading equipment, and staff to the Dunn-Erwin Landfill and the Anderson Creek Landfill. Payment for this work shall be included in the cost per ton for grinding LCID Debris to 3" -4". This item consists of grinding storm debris into wood mulch, 3" to 4" in size . The debris consists of natural woody material ranging from small limbs to large logs and stumps. Some pallets may be ground as well. The contractor may use a tub or horizontal grinder. The equipment to be utilized shall be of adequate size to process/grind 300-400 C/Y per hour (minimum) of debris material. The contractor shall submit certification that proposed equipment shall meet this minimum production processing rate. Burning will turn material into ash that will be left on site. Open burns and trench burns are not allowed. Burn boxes shall be used . This shall include the following : • All equipment needed for grinding, burning, loading, and move mulch to stockpile areas; • All personnel costs • All fuel costs • Safety equipment • All maintenance costs • All other incidental costs The County will provide areas to stockpile wood mulch materials or ash after grinding. The payment for this item will be by the ton as reported in the County's Solid Waste Materials Analysis Software Report . The Contractor shall mobilize three (3) times per year at Dunn-Erwin Landfill (DELF) and one (1) time per year at Anderson Creek landfill (ACLF). It is estimated that there will be approximately 1200 tons per mobilization at DELF and 600 tons per mobilization at ACLF . These tonnages are approximate and are not guaranteed. The Contractor shall mobilize within 30 days of written notification from Owner when grinding services are needed . 2 120318 HCBOC Page 54 Mulch screening will not be required at every grinding event. Screening will strictly be on an on-call basis . d) This contract includes storm recovery grinding result in g from Hurricane Florence . Contract must mobilize for this contract within 90 days of NTP . e) This contractor will include future storm events. Contractor must mobilize for this contract within 90 days after notification of event . 2) CONTRACT PERIOD a) The period of this contract shall be from date of contract award throug h June 30, 2021. The County will allow the contractor work Monday through Saturday, 7:30 -4:30. No work shall take place on Sundays . b) Either party may terminate this contract, i n whole or in part at any time by 30-day written notice to the other. c) If the Contractor does not deliver serv ices in accordance with the contract delivery schedule , or, the Contractor fails to perform services in the manner ca lled for in the contract, or if the Contractor fails to comply with any other provision of the contract, the County with a 7 -day written notice, terminate this contract for default. The Contractor will be paid the contract price for services performed in accordance with the manner of performance set forth in the contract. Such notification shall be made in writing. 3) CONTRACT PR ICING a) Prices quoted herein shall remain firm and not be subject to increase for a period of three (3) years . Thereafter, prices may increase to reflect any increases in the minimum wage during the contract year and only by that amount. b) This proposal shall be irrevocable after the time of the public opening and cannot be withdrawn after that time. c) Payment shall be made by the tons based on County of Harnett Material Analys i s Report. 4) CONTRACT AWARD a) The County will award the Contract to the lowest responsive, responsible bidder, taking into consideration quality, performance and past experience . b) The County reserves the right to reject any and all bids and to waive any fo rmalities that may be permitted by law . S) REFERENCES 120318 HCBOC Page 55 a} Only bids from companies established i n performing this t ype service and qualified to handle accounts of this size may be considered. Prior to award, t he County reserves the right to i nvestigate a bidder 's ability t o fulfill the requirements of the contract. Referen ces should be listed on the attached Bidders Qualification Form and returned with the bid . 6) INSURANCE AND LICENSES a) Successful Contractor shall procure and maintain, for the duration of the con t ract, insu rance against claims for injuries to persons or damages t o property wh ich may arise from or i n connect ion wi t h the performance of the work by the Con t ractor, his agents, representatives , employees or, if applicable . i) MIN IMUM LIMITS OF INSURANC E (a) General liability-No less than $2 ,000,000 per occurrence for bodi ly injury, personal injury and property damage . No less than $3,000,000 aggregate for bodily injury, personal injury, and property damage . (b) Auto Liability-No less than $1 ,000,000 per accident for bodily injury and property damage . To include owned, non-owned and hired automobile coverage to protect the City against injuries resulting from a third party. (c) Workers Compensation and Employers liabi lity-Workers' Compensation as required by the State of North Carolina and Emp loyers' Liability limits of no less than $1 ,000 ,000 for bodily injury per accident. (d) Successful Contractor will be required to p rovide a Certificate of Insurance. Contractor shall name the Owner as an additional insured for all policies except Workers Compensation . (e) Successful Contractor will be required to obtain a County of Harnett Business License. 7) OSHA REQUIREMENTS a) The Contractor shall conform to the rules and regulations of the Occupational Safety and Health Act i n their performance of the work in this contract. Performance of work includes storage of equipment and supplies and all aspects of the work performed by his employees. All chemicals must be properly labeled. The Contractor is respons i ble for r equired OSHA training for their employees not limited to but to include Hazard Communication, OSHA .1200. The Contractor is responsible for providing their employees with the proper persona l protective equipment . b) Contractors will be expected to comply with all OSHA standards and provi de Material Safe t y Data Sheet (MSDS) for all products used and or stored that conta in hazardous components. 120318 HCBOC Page 56 c) The Contractor shall be responsible for reimbursements to the Owner for any fines levied aga inst the Owner due to the Contractor not abiding by OSHA regulat ions . 8) SAFETY ANO HEALTH a) All work shall comply with applicable Federal, State and County safety and health requirements. Where there is a conflict between the applicable regulations, the most stringent will apply . b) The Contractor shall assume full responsibility and liability for compliance w ith all applicable regulations pertaining to the health and safety of personnel during the execution of work, and shall hold the County harmless for any action on its part or that of its employees that result in illness or death . c) Contractor shall comp ly with applicable North Carolina Department of Environmental Quality requirements . 9) DAMAGE TO FACILITY a) The Contractor shall be responsible for any damage caused by staff or workers to property of the Owners He shall make good in approved manner at his own expense any such loss, damage, or injury without cost to the Owner. The Contractor shall also assume respons ibility to maintain all such additional protection as required by the governing laws, regulations, ordinances, and safety of personnel and visitors. Owner will repair any damage done by the Contractor or their staff and deduct the cost from their contract. 10) EQUIPMENT a) All supplies, materials, and equipment used in performance of the contract must be capable o f performing the operation. b) Contractor shall supply on the attached Equipment Listing Form a complete listing of all equipment it will be using in performance of this contract. d) For the alternate bid for burning storm debris, the contractor shall use burn boxes. Trench burners shall not be allowed . 11) RESPONSIBILITY FOR DAMAGE a) The Contractor shall repair and ·restore to its original condition any material or surface damaged by their operations . b) All materials, supplies, and equipment used by the Contractor shall be suitable and not harmful to the surface on which they are applied . 120318 HCBOC Page 57 12) INSPECTION BY OWNER a) The Owner may provide for inspection at any time a part of the Contractor's work, and any of the materials, supplies, or equipment which the contractor may have on hand or on County property. The Contractor shall provide adequate cooperation with the Inspector assigned by the Owner to permit him to determine the Contractor's conformity with these specifications and adequacy of the cleaning work being performed. b} If during an inspection the quality of work is found to be unacceptable, the Contractor will be notified of the unacceptable work and given one (1) WORKING DAY TO CORRECT THE PROBLEM. Failure to correct the problem in a timely and satisfactory manner could result in a written, certified warning letter for the first two (2) offenses. Any subsequent failure could be considered as not meeting specifications and grounds for Terminating for Default in this contract. 13) UNAUTHORIZED PERSONNEL a) The Contractor's employees are not to be accompanied in their work areas on the premises by acquaintances, family members, assistants, or any other person unless said person is an authorized working Contractor employee. 14) EMERGENCY TELEPHONE NUMBERS a) The Contractor shall provide an emergency telephone number where he can be reached during normal operating hours and after normal operating hours. 15) SPECIFICATION INQUIRES a) Questions regarding specifications shall be directed to Renea Warren-Ford -Purchasing Agent, Harnett County, 910-814-6101, purchasing.support@harnett.org. 16) DEPARTMENT CONTACTS Andrew Holland, Solid Waste Crew Leader, Harnett County, 910-984-4702 Larry Thomas, Solid Waste Crew Leader, Harnett County, 910-723-6138 120318 HCBOC Page 58 BIDDER'S QUALIFICATIONS Bidder must demonstrate that he has a successful record of experience in the type service specified . Otherwise, his proposal may not be considered . The Request for Proposals is for providing Grinding Services . Therefore, list below at least three (3) accounts of comparable size that you are now serving w ithin this general area. If you are providing the alternate bid for wood debris, please provide references for where you have used burn boxes for wood debris. COMPANY NAME & ADDRESS PERSON TO CONTACT TELEPHONE NUMBER YEARS SER VICED u,e.ov1e,.6-.1" Caw'\~ , 5C ;t1 ,' l~t lie La. l?.octo g1..rs· ~l/~-s.l/'-17 t/ yr.t. tf'O 8 t it 'f;)..J2?--o r ... ,.,..,.e-1-,.--S'C:. .:i.'1'1'1 2 , U,'1-1'\~"' Co"->'\+'{, SC r~r1 vi 4.f.J' </03..-71S..-3J'3'f Syn :;;. J). Sou f~ '-4.k<.. Dr · t..ex.J'wil..11 ,SC' ~ f~t-2. , C,'~ o.f Colv "-'~,1 ~) 5 C voi.i n t/tJoK...f goo 1-~,03-/09 ? L/ yr.1. 11s, tv().! h,, ... ,J..,, a . Co/LLMb,'a.., $( 2.1201 Ch~-f'1a,m, {;,1,4,1 ry I All ~o'Yly~ u-////fey,J 119~5t/S-7!7J. Z.? ~u.11 f/ S~rv,'t.c.f f'<J.. ~yrJ ~ 'li-r 6, "" 7 Iv' C ;i. 7 31.l. 120318 HCBOC Page 59 BIDDER'S EQUIPMENT LI ST EQUIPMENT TYPE MAKE & MODEL MODEL YEAR . I L4.)> (n-1 .-Jtr' Mofbtr'k l~oo LOoo +\.p zoo/ -Tub C,-y,i,,,j(.1>' ~~~(k.. /?bO I OOC> H-t zooo ~atvJor ~v 2~5 Zt, \.5 hCA-V+k"" Volvo {? C.l.10 za::,'1 . T<?v~w 17 yt h,,.Jtt' ~C:B LfsC. 2.bD'/:'" ~v.PkY -n -u.. ~aJ t,. UC~ t/?~ Z.010 SK1t> ST'fi'6~ !$DEC it, ~ 7° ZOU, Doc&e Citrr :r,~ Zoo I .. Attach Additional Sheets if Nece ssary Company Name 8 120318 HCBOC Page 60 SCHOOL RESOURCE OFFICER PROGRAM REIMBURSEMENT AGREEMENT FOR ELEMENT ARY AND PRIMARY SCHOOLS Agenda Item __ 4~-__ H ___ _ This Reimbursement Agreement (hereinafter "Agreement") effective October 1, 2018 is made and entered into by and between the Harnett County Board of Education (hereinafter "Board"), the governing body of the Hamett County Schools (hereinafter "HCS"), the County of Hamett (hereinafter "County"), and the Town of Coats (hereinafter referred to as the "Town"). WITNESS ETH: WHEREAS , the Board and the Town entered into a School Resource Officer Program Memorandum of Understanding (hereinafter referred to as the "MOU") effective ____ _, attached hereto as Exhibit A ; WHEREAS , Article V of the MOU states that the Board and governing body of the Town agree to enter into a separate contract to address the assignment of School Resource Officers (hereinafter referred to as "SRO" or collectively "SROs") to specific HCS schools and payment for SRO services during each fiscal year; . WHEREAS, County agrees to provide funding for the SRO's to the Board for reimbursement of SRO services as described in the MOU. NOW, THEREFORE, in consideration of the promises and covenants of the parties herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Board, County , and the Town do hereby agree as follows: Article I SRO School Assignment The Town shall hire and train law enforcement officers to serve as SROs pursuant to the MOU in each of the following schools within the Town's limits: 1. Coats Elementary Between school years and during scheduled holidays, the Town shall have the right to utilize the SROs for non-SRO purposes so long as such uses do not conflict with any of the requirements of the MOU. Article II Compensation for SRO Services The compensation to be paid by County to the Board for reimbursement of the SRO services described in the MOU and for non-SRO purposes during scheduled holidays shall not 1 120318 HCBOC Page 61 exceed $31 .64 per hour with a maximum of $65,812.00 per fiscal year for each SRO. The Board shall not receive any additional funds from County for reimbursement to the Town for excess expenditures unless agreed upon in writing by County. Between school years, County shall directly reimburse the Town for the SROs for their services, regardless of their use by the Town , in an amount that shall not exceed $31.64 per hour for each SRO. If the total amount of funds expended on each SRO for the then-current term of the MOU exceeds $65,812 .00, the Town shall be solely responsible for the excess expenditures of the SRO 's services, unless County agrees in writing to cover the excess expenditures. Article III Invoices for SRO Services In order to request payment, the Town shall submit monthly invoices to the Harnett County Sheriffs Office (hereinafter referred to as "HCSO") describing the applicable charges, including identification of personnel who performed the services, the school at which the SRO performed the services, hourly rates, and reimbursable expenses. If the invoice contains expenditures for non- SRO purposes during a scheduled holiday, the invoice shall identify the type of services performed by the SROs. Prior to submission of invoices to the Board, the HCSO shall verify them for accuracy within five business days of receipt. Once verified, County shall forward the funds for reimbursable expenses to the Board for payment of the invoices. The Board shall process and pay invoices within 30 days of receipt. Between school years, the Town shall submit monthly invoices to County describing the applicable charges, including identification of personnel who performed the services, the type of services performed, hourly rates, and reimbursable expenses. County shall process and pay invoices within 30 days of receipt. Article IV SRO Equipment and Vehicles County shall provide a one-time reimbursement grant not to exceed $45,942.00 per SRO to the Town for the purchase of SRO equipment and one vehicle per SRO for the Initial Term of this Agreement and the MOU. All maintenance and additional purchases of equipment and vehicles shall be the responsibility of the Town . The Town shall submit an invoice to County listing the purchased equipment and vehicles. County shall process and pay the invoice within 30 days of receipt. Article V Term and Termination of Agreement The term of this Agreement shall begin on and end on June 3 0, 2019 (the "Initial Term"), unless terminated earlier as herein provided. At the expiration of the Initial Term, this Agreement shall automatically renew upon the renewal of the MOU, unless any of the parties provide at least 30 days ' written notice of its intent to terminate prior to the expiration of the then-current term. 2 120318 HCBOC Page 62 Thi s Agreement may be terminated by any party, with or without cause, upon 90 days ' written notice to the other parties. However, this Agreement shall automatically terminate without notice upon the termination of the MOU. If at any time this Agreement is terminated during the Initial Term or any subsequent term of the MOU, the parties shall negotiate and execute a new agreement that is compliant with Article V or any amendment thereof prior to the termination date of thi s Agreement, unless any amendment of the MOU no longer requires such an agreement. Article VI Notice Any notice, consent, or other communication in connection with this Agreement shall be in writing and may be delivered in person, by mail, or by facsimile transmission (provided sender confirms notice by written copy). If hand-delivered, the notice shall be effective upon delivery. If by facsimile copy, the notice shall be effective when sent. If served by mail, the notice shall be effective three business days after being deposited in the United States Pos tal Service by certified mail, return receipt requested, addressed appropriately to the address set forth below: To Board: Harnett County Schools Attention: Superintendent 1008 South 11th Street Lillington, North Carolina 27546 To County 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 To Town Nick Holcomb Town Manager Post Office Box 675 Coats, NC 27521 3 120318 HCBOC Page 63 Article VII Miscellaneous Provisions 1. Relationship of Parties. The parties to this Agreement shall be independent contractors, and nothing herein shall be construed as creating a partnership or joint venture; nor shall any emplo yee of the parties be construed as employees , agents , or principals of any other party to this Agreement. Each party agrees to assume the liability for its own acts or omissions, or the acts or omissions of their employees or agents, during the term of this Agreement , to the extent permitted under law. 2. Governing Law; Venue. This Agreement shall be governed by the laws of the State of North Carolina. The venue for initiation of any such action shall be Harnett County, North Carolina Superior Court . 3. Amendments and Modifications; Additional Policies and Procedures. This Agreement may be modified or amended by mutual consent of the parties as long as the amendment is executed in the same fashion as this Agreement. 4. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings , whether written or oral, relating to the subject matter of this Agreement. 5. Severability .·ln the event that any provi sion of this Agreement shall be invalid, illegal , or . otherwise unenforceable , the validity , legality , and enforceability of the remaining provisions shall in no way be affected or impaired thereby . 6. No Third Party Benefits. There are no third party beneficiaries to this Agreement. Nothing in this Agreement shall create or give to third parties any claim or right of action against the parties. 7. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original , but all of which taken together constitute one and the same instrument. 8 . E-Verify: All parties shall compl y with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes, "Verification of Work Authori z ation ," and will provide do c umentation reasonably requested by any party to this Agreement demonstrating such compliance. 4 120318 HCBOC Page 64 IN WITNESS WHEREOF, the parties hereto caused the Agreement to be executed on their behalves. HARNETT COUNTY BOARD OF EDUCATION Chair ATTEST: COUNTY OF HARNETT Gordon Springle, Chairman Harnett County Board of Commissioners ATTEST: Margaret Regina Wheeler, Clerk Chris Coats, Mayor ATTEST: 5 120318 HCBOC Page 65 HARNETT COUNTY PROMISE MEMORANDUM OF UNDERSTANDING Agenda Item __ 4.;;...._-...;;I;;.,__ __ This Memorandum of Understanding (hereinafter referred to as "MOU") is made and entered into this day of , 2018 , by and between The Trustees of Central Carolina Conununity College (hereinafter referred to as "Trustees "), the governing body of Central Carolina Conununity College (hereinafter referred to as "College") and the County of Harnett, (hereinafter referred to as "County") a body politic and corporate of the State of North Carolina. WHEREAS, the College is a public two-year college serving the residents of several counties, including Harnett County; WHEREAS, the Harnett County Board of Commissioners (hereinafter referred to as "Board"), as the governing body for Harnett County , is tasked with improving the quality of life for the citizens of Hamett County; WHEREAS, the Trustees, the College and County desire to establish the Hamett County Promise, a K-14 program to benefit qualified Harnett County students by providing high school graduates a debt-free pathway to college credentials; WHEREAS, the Harnett County Promise program (hereinafter referred to as the "Program") guarantees up to two (2) years of free in-state tuition and required fees at the College for all eligible Harnett County residents who graduate from a public high school, from a private school located within Harnett County or from a home school while residing in Harnett County in 2019 , 2020, 2021 and 2022; and WHEREAS, the Trustees, College and County are willing and able to participate in the funding , administration and facilitation of the Harnett County Promise program to benefit not only the students of Harnett County, but the entire community of Harnett County. NOW, THEREFORE, in consideration of the promises and covenants of the parties herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree to the following: I. STUDENT SELECTION CRITERIA AND REQUIREMENTS A. Eligible Students will meet the following criteria: 1. Be a legal resident of Harnett County for at least twelve (12) continuous months prior to the beginning of the fall semester. 2. Be a high School Graduate from a public or private school located within Harnett County, or a qualified home school as defined by North Carolina General Statute § 115C-564 while residing in Harnett County, who will attend the College as a full-time degree or credential seeking student beginning the fall semester following his or her high school graduation. 120318 HCBOC Page 66 3. Have successfully completed at least four dual-enrollment courses or 12 dual- enrollment credit hours. This requirement is waived for 2019 graduates. 4 . Completed the Free Application for Federal Student Aid ("F AFSA") and submitted all requested verification documents (if applicable) and completed the College's Foundation scholarship application by the advertised deadline. These documents must be submitted on an annual basis. B. For students who meet all of the criteria set forth in Section I.A., the student's tuition and required fees at the in-state rate for two years will be covered by the Program. 1. Funding from federal and state grants, scholarships and outside funding must be exhausted before the Program begins paying a student's tuition and required fees . 2. The two years of eligibility begins in the fall semester after high school graduation and ends following the spring semester of the second year. Summer terms are not included. 3 . Textbooks, supplies and other supplemental materials are not covered under the Program. C. Additional Student Requirements: 1. Students interested in participating in the program must call (919) 718-7300 or visit www.ccc c .edu/promise ; College will not automatically award to students. 2. Once enrolled, students must continuously meet the financial aid Satisfactory Academic Progress standards outlined by the state and federal government. This means students must maintain at least a 2.0 cumulative GPA and complete at least 67% of all courses attempted at the College. IL DUTIES AND RESPONSIBILITIES OF THE PARTIES: A. County I . County will provide funding for the Program based on estimates provided by the College. This includes up to $210,000 for Fiscal Year ("FY") 2020, up to $420,000 for FY 2021, up to $420,000 for FY 2022, up to $420,000 for FY 2023 , and up to $210,000 for FY 2024 for students entering their second year of eligibility under the Program. County shall not be responsible for any funding that exceeds the estimates for each FY. 2. County will reimburse the College within thirty (30) days upon receipt of invoices setting forth the related expenditures for the semester. 2 120318 HCBOC Page 67 B. College 1. College will invoice County for all applicable tuition and fees prior to the end of each fall semester and spring semester. Invoices shall indicate that all other funding sources have been exhausted prior to the use of the Program funds. College will also provide County with separate documentation at the end of each fall and spring semester containing a breakdown of the areas of study of the students in the Program. 2. College will assign appropriate staff to market the program to eligible high school graduates, collect paperwork from participants, ensure eligibility for the Program, make awards, monitor progress, and register students for appropriate classes in their desired pathways. 3. College will allow County to review/inspect any documents associated with the Program provided there are no Family Educational Rights and Privacy Act of 1974 ("FERP A") restrictions. 4. College will present a detailed report of the Program annually to the Board at a regularly scheduled Board meeting. III. TERM This MOU shall remain in full force and effect for the five-year period of the Program. Prior to the FY 2024 budget being completed and passed, the College will review all data related to the Program (ex. number of graduates, success rates, transfer rates, etc.) and decide on future appropriations to continue the Program. Shall the parties agree to continue the Program, the parties shall enter into a new MOU at such time. IV. TERMINATION V . This MOU may be terminated, without cause, by either party upon 90 days written notice to the other party. Termination by either party prior to the end of the term ofthis MOU shall not affect the students already receiving financial aid through the Program or who have been accepted into the Program. Upon termination of this MOU, County and College shall continue to comply with the applicable duties and responsibilities set forth in Section II for all students previously accepted or enrolled in the Program until said students either complete their two years of eligibility or fail to meet the requirements set forth in Section I. College shall not accept any additional students into the Program upon receipt of notice of termination from County. GENERAL PROVISIONS A. Governing Law: This MOU is made under and shall be governed, construed and enforced in accordance with the laws of the State of North Carolina, without regard to conflict of laws rules. 3 120318 HCBOC Page 68 B. Non-Discrimination: Any discrimination by either party or their agents or employees on account ofrace, color, sex, age, religion, or national origin in relation to the performance of any obligations is prohibited. C. Assignment: No assignment of either parties ' duties or responsibilities shall be permitted unless agree to in writing and signed by all parties. D. Amendments: This MOU may only be amended in writing and duly executed by all parties. E. Notice: Notices given pursuant to this MOU shall be sufficient if in writing and sent by certified mail , return receipt requested , to such addresses the parties may designate from time to time in writing. Notice shall be deemed to be given and received three days after being sent certified mail to the appropriate addresses. At the time of execution of this MOU, the addresses of the parties are as follows: 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 CENTRAL CAROLINA COMMUNITY COLLEGE: Dr. T.E. Marchant President 1105 Kelly Drive Sanford, North Carolina 27330 THE TRUSTEES OF CENTRAL CAROLINA COMMUNITY COLLEGE: Julian Philpott Chairman 1105 Kelly Drive Sanford, North Carolina 27330 F. Entire Agreement: This MOU contains all the terms and conditions agreed upon by the parties regarding the subject matter of the MOU and supersedes any prior agreements, releases, or stipulations, oral or written, and all other communications between the parties relating to such subject matter. Should any provision of this MOU require judicial interpretation, it is agreed that the court interpreting or construing the same shall give the terms their regular meaning and shall not apply a presumption that the terms hereof shall be more strictly construed against one party. 4 120318 HCBOC Page 69 G. Relationship of the Parties : This MOU does not create a partnership or a joint venture between the parties hereto, nor does it authorize either party to serve as the legal representative or agent of the other. Neither party will have any right or authority to assume, create, or incur any liability or any obligation of any kind, expressed or implied, against or in the name of or on behalf of the other party. H . Severability: If any provision of this MOU is held to be illegal, invalid, or unenforceable under present or future laws effective during the term of this MOU, the validity and enforceability of the remaining provisions of this MOU shall not be affected thereby. I. Waiver: Any waiver of any provision hereof shall not be effective unless expressly made in writing and executed by the party to be charged. The failure of any party to insist on performance of any term or condition of this MOU shall not be construed as a waiver or relinquishment of any rights granted hereunder or the further performance of any such term, covenant or condition, and the obligations of the parties with respect thereto shall continue in full force and effect. J . Counterparts: This MOU may be executed in multiple counterparts, each of which will be deemed to be an original copy of this MOU and all of which, when taken together will be deemed to constitute one and the same MOU. A telecopy, facsimile , scanned copy (for example, in pdf or jpeg format) or other similar reproduction of a signature of thls MOU shall have the same effect as an original for all purposes. K. Force Majeure: Neither party to this MOU shall be required to perform any term, condition or covenant in this agreement so long as performance is delay or prevented by an act of God, strikes, lockouts, material or labor restriction by a governmental authority, civil riots, floods or any other cause not reasonably within the control of either party to this MOU and which by the exercise of due diligence such party is unable, wholly or in part, to prevent or overcome. L. E-verify: All parties shall comply with the requirements of Article 2 Chapter 64 of the North Carolina General Statutes, "Verification of Work Authorization," and will provide documentation reasonably requested by any party to this MOU demonstrating such compliance. M . Captions: The captions and headings contained in this MOU are for convenience of reference only and in no way limit or enlarge the terms and conditions of this MOU. N . Authority: The signers of this MOU hereby represent and warrant that they have the authority to execute this MOU on behalf of their respective entities. 5 120318 HCBOC Page 70 IN WITNESS THEREOF, the parties hereto have caused this MOU to be executed on their behalves. ATTEST: Margaret Regina Wheeler, Clerk ATTEST: Lorraine Whitaker, Secretary ATTEST: Lorraine Whitaker, Secretary COUNTY OF HARNETT Gordon Springle Chairman CENTRAL CAROLINA COMMUNITY COLLEGE Dr. T.E. Marchant President THE T RUSTEES OF CENTRAL CAROLINA COMMUNITY COLLEGE Julian Philpott Chairman 6 120318 HCBOC Page 71 Rule 1. Agenda Item __ 4_-_J __ RULES OF PROCEDURE FOR THE BOARD OF COUNTY COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA I. APPLICABILITY Applicability of Rules. These rules apply to all meetings of the Board of Commissioners of Harnett County at which the Board is empowered to exercise any of the executive, quasi-judicial, administrative, or legislative powers conferred on it by law. II. OPEN MEETINGS Rule 2. Meetings to be Open. The public policy of North Carolina and of Harnett County is that the hearings , deliberations, and actions of this Board and its committees be conducted openly. Rule 3. Closed Sessions. (a) It is the policy of Harnett County that closed sessions shall be held only when required to permit the Board of Commissioners to act in the public interest as permitted in this section. The list includes: 1. To prevent the disclosure of information that is privileged or confidential pursuant to the law of this State or of the United States, or not considered a public record within the meaning of Chapter 132 of the General Statutes (The Public Records Law). 2. To prevent the premature disclosure of an honorary degree, scholarship, prize, or similar award. 3. To consult with an attorney employed or retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board, which privilege is hereby acknowledged. This subdivision prohibits discussion of "general policy matters" in closed session and declares that it shall not be construed to permit a public body to close a meeting that otherwise would be open merely because an attorney employed or retained by the Board is a participant. The subdivision permits the Board to consider and give instructions to an attorney concerning the handling or settlement of a claim, judicial action , or administrative procedure, with terms of any settlement to be made public within a reasonable time. 4. To discuss matters relating to the location or expansion of industries or other businesses in the area served by the Board. 5. To establish, or to instruct the Board 's staff or negotiating agents concerning the position to be taken by or on behalf of the Board in negotiating (i) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease; or (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract. Page 1 of 12 120318 HCBOC Page 72 6. To consider the qualifications, competence, performance, character, fitness , conditions of appointment, or conditions of initial employment of an individual public officer or employee or prospective public officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee. This subdivision prohibits discussion of "general personnel policy issues" or considerations of the qualifications, competence, performance, character, fitness , appointment, or removal of a member of the Board or another body or consideration of ( or filling of) a vacancy among its own membership in closed session. 7 . To plan, conduct, or hear reports concerning investigations of alleged criminal misconduct. 8. To discuss and take action regarding plans to protect public safety as it relates to existing or potential terrorist activity and to receive briefings by staff members, legal counsel, or law enforcement or emergency service officials concerning actions take or to be taken to respond to such activity. 9 . To view a recording released pursuant to G.S. 132-l.4A (b) The Board may go into closed session only upon motion made and adopted at an open meeting. The motion shall state the permitted purpose of the closed session and if the closed session is to consult with an attorney in order to preserve the attorney-client privilege, the motion must identify the parties in each existing lawsuit which the Board expects to receive advice during the closed session. The motion must be approved by a majority of those Board members present and voting. (c) Minutes shall be kept of all closed sessions of the Board, but may be withheld from public inspection so long as public inspection would frustrate the purpose of the closed session. (d) The County Manager, Assistant County Manager, Finance Officer, and the County Attorney shall attend the closed session, unless expressly excluded in the motion. Other persons shall not attend the closed session unles s expressly included in the motion or otherwise called into the session. III. ORGANIZATION OF THE BOARD Rule 4. Organizational Meeting. On the first Monday of December following a general election in which County officers are elected, the Board shall meet at the regular meeting time and place. If new members are elected, the order of busines s shall be: (a) The Board shall approve the minutes of its prior meeting and other items of business. (b) The newly elected members of the Board shall take and sub scribe the oath of office. (c) With the Clerk to the Board presiding, the Board shall elect a Chairman and a Vice Chairman from its members. Page 2 of 12 120318 HCBOC Page 73 Rule 5. Election of Chairman and Vice Chairman. The Chairman and Vice Chairman of the Board shall be elected annually for a term of one year and shall not be removed from the office of Chairman or Vice Chairman unless he/she becomes disqualified to serve as a Board member. IV. REGULAR AND SPECIAL MEETINGS Rule 6. Regular and Special Meetings. (a) Regular Meetings: The Board shall hold regular meetings as follows: First Monday of each Month at 9 a.m. Third Monday of each Month at 6 p.m. If a regular meeting day is a holiday on which county offices are closed, the meeting shall be held on the next business day or such succeeding day as may be specified in the motion adjourning the immediately preceding regular meeting. Regular meetings are held in the County Administration Building. The Board may change or cancel the place or time of a particular regular meeting or of all regular meetings within a specified period by resolution adopted, posted, and noticed at least seven days before the change takes effect. Such a resolution shall be filed with the Clerk to the Board and posted at or near the regular meeting place, and copies shall be sent to all persons who have requested notice of special meetings of the Board. (b) Special Meetings. The Chairman or a majority of board members may at any time call a special meeting of the Board by signing a notice stating the time and place of the meeting and the subjects to be considered. The Clerk shall cause the notice to be posted on the bulletin board in the courthouse, on the door of the meeting room, and delivered to the Chairman and all other Board members or left at the dwelling place of each Board member at least 48 hours before the meeting. In addition, the notice shall be mailed or delivered to individual persons and news organizations that have requested such notice as provided in subsection (e) below. Only items of business specified in the notice may be transacted at a special meeting. (c) Emergency Meetings. The Chairman or a majority of members may call an emergency meeting to deal with an unexpected circumstance requiring immediate consideration. The person or persons calling the emergency meeting shall cause notice of the meeting to be given to the other Board members and the public. Local news organizations, having requested notice of special meetings as provided in subsection (e), below, shall be notified of such emergency meetings by the same method used to notify Board members. Only business connected with the emergency may be discussed at the meeting. Page 3 of 12 120318 HCBOC Page 74 ( d) Work Sessions, Retreats, and Committee Meetings. The Board may schedule work sessions, retreats, forums, conventions, associations, and committee meetings, or other information meetings of the Board or of a majority of its members at such times and concerning such subjects as may be established by resolution or order of the Board. A schedule of such meetings held regularly shall be filed in the same place and manner as the schedule of regular meetings. Work sessions and other informal official meetings not held regularly are subject to the same notice requirements as special Board meetings. (e) Sunshine List. Any individual and/or newspaper, radio station, and television Station desiring notice of all special and emergency meetings of the Board shall file a written request with the Clerk to the Board of Commissioners. Rule 7. All Meetings Within the County. (a) All meetings shall be held within the boundaries of Hamett County, except as otherwise provided by statute or herein . (b) A joint meeting with the governing board of any other political subdivision of this or any other state may be held within the boundaries of either subdivision as may be specified in the call of the meeting. At any such joint meeting, this Board reserves the right to vote separately on all matters coming before the joint meeting. (c) A special meeting between the Board of Commissioners and its local legislative delegation during a session of the General Assembly; provided, however, that at any such meeting, the members of the Board of Commissioners may not vote upon or otherwise transact public business except with regard to matters directly relating to legislation proposed to or pending before the General Assembly. (d) A special meeting called in connection with a retreat, forum, or similar gathering may be held solely for the purpose of providing members of the Board with general information relating to the performance of their public duties; provided, however, that the members of the Board shall not vote upon nor otherwise transact public business while in attendance at such a gathering. (e) While in attendance at a convention, association meeting, or similar gathering, a special meeting may be held; provided, however, that any such meeting may be held solely to discuss or deliberate on the Board's position concerning similar issues that are not legally binding upon the Board of Commissioners or its constituents. Rule 8. Broadcasting and Recording of Meetings (a) Except as provided in this rule, any radio or television station may broadcast all or any part of an official Board meeting required to be open to the public. Any person may photograph, film , tape-record, or otherwise reproduce any part of a meeting required to be open. Page 4 of 12 120318 HCBOC Page 75 (b) Any radio or television station wishing to broadcast any portion of any portion of an official Board meeting shall so notify the County Manager no later than two business days before the meeting. If the number of requests or the quantity and size of the necessary equipment is such that the meeting cannot be accommodated in the designated meeting room and no suitable alternative site is available, the County Manager may require the news media to either pool equipment and personnel or to secure and pay the costs of an alternative meeting site mutually agreeable to the Board and the media representative. V. AGENDA Rule 9. Agenda (a) The County Manager shall prepare the agenda for each regular, special, and emergency meeting. A request to have an item of business placed on the agenda for a regular meeting must be received by Monday noon of the week preceding the regular meeting day. Any Board member may, by a timely request, have an item placed on the agenda. A request to place an item on the agenda from other than a Board member shall be at the discretion of the County Manager and Chairman of the Board. (b) The agenda packet shall include the agenda document, any proposed ordinances or amendments to ordinances, and supporting documentation and background information relevant to items on the agenda. A copy of the agenda packet shall be available to each Board member not later than Wednesday of the week preceding the regular meeting day. ( c) The Board may , by unanimous vote of the members present, add or delete an agenda item. ( d) The County Manager may propose a consent agenda as part of the main agenda. The consent agenda shall contain those routi ne items of business that do not normally involve debate. The Board may approve all items on the consent agenda by adopting one (1) motion. The Board may transfer an item from the consent agenda to the main agenda upon a majority vote of the members present and voting. A motion to transfer should normally be made at the beginning of the meeting. The consent agenda may include, but is not limited to, the following routine items of business: 1. Approval of minutes from the prior meeting. 2. Budget amendments/revisions. 3. Disposition of surplus personal property to other governmental agencies. 4. Granting to North Carolina Department of Transportation road right-of- way easements on County property . 5. Resolutions of appreciation , support, and recognition. 6. Resolutions requesting road additions to the state highway secondary road system. 7. Tax releases, tax refunds. Page 5 of 12 120318 HCBOC Page 76 VI. CONDUCT OF DEBATE Rule 10. Powers of the Chairman. The Chairman shall preside at all Board meetings. In the absence of the Chairman, the Vice Chairman shall preside at Board meetings. If the Vice Chairman is absent, Board members present may appoint someone to chair the meetings. To address the Board, a member must be recognized by the Chairman. The Chairman shall have the following powers: (a) To rule on points of parliamentary procedure, including the right to rule out of order any motion offered for patently obstructive or dilatory purposes; (b) To determine whether a speaker has gone beyond reasonable standards of courtesy in his or her remarks and to entertain and rule on objections from other members on this ground; (c) To call a briefrecess at any time; (d) To adjourn in an emergency. Rule 11. Action by the Board. The Board shall proceed by motion. Any member, including the Chairman, may make a motion. Rule 12. Second Required. A motion shall require a second. A motion shall be ruled dead by the Chairman if a second is not received within a reasonable period of time. Rule 13. One Motion at a Time. A member may make only one motion at a time. Rule 14. Substantive Motion. A substantive motion is out of order while another substantive motion dealing with another subject matter is pending. Rule 15. Substitute Motion. A substitute motion (an amendment) dealing with the same subject matter as the original substitute motion is in order and shall be acted upon prior to action on the original motion. Rule 16. Debate. The Chairman shall state the motion and then open the floor to debate. Page 6 of 12 120318 HCBOC Page 77 Rule 17. Adoption by Maiority Vote. A motion shall be adopted if approved by a majority of the votes cast , unless otherwise required by these rules or North Carolina laws. Rule 18. Procedural Motions. (a) In addition to substantive proposals, the procedural motions listed in subsection (b) of this rule, and no others shall be in order. Unless otherwise noted , each motion is debatable, may be amended, and requires a majority vote for adoption. (b) In order of priority, the procedural motions are: • To adjourn. The motion may be made only at the conclusion of action on a pending matter; it may not interrupt deliberation of a pending matter. • To Recess. • To Call to Follow the Agenda. The motion must be made at the first reasonable opportunity or it is waived. • To Suspend the Rules, the motion requires a two-thirds (2/3) vote of the members present. • To Divide a Complex Motion and Consider it by Paragraph. • To Defer Consideration. A substantive motion whose consideration has been deferred expires unless a motion to revive consideration is adopted within one hundred (100) days after deferral. • To Postpone to a Certain Time or Day. • To Refer to Committee. Sixty (60) days after a motion has been referred to committee, the introducer may compel consideration of the measure by the entire Board, regardless of whether the committee has reported the matter back to the Board. • To Amend. An amendment to a motion must be germane to the subject of the main motion, but it may not achieve the opposite effect of the main motion. There may be only one amendment to the motion. A motion to amend shall require a second. Any amendment to a proposed ordinance shall be reduced to writing. • To Revive Consideration. The motion is in order at any time within one hundred (100) days of a vote deferring consideration. • To Prevent Reconsideration for Six Months. The motion shall be in order only immediately following the defeat of a substantive motion. It requires a vote equal to a quorum and is valid for six (6) months or until the next regular election of County Commissioners, whichever occurs first. Rule 19. Renewal of Motion. A defeated motion may not be renewed at the same meeting. Page 7 of 12 120318 HCBOC Page 78 Rule 20. Withdrawal of Motion. A motion may be withdrawn by the introducer any time before the Chairman puts the motion to a vote. Rule 21. Duty to Vote. (a) It is the duty of each member to vote unless excused by a majority vote according to law. The Board may excuse members from voting on matters involving their own financial interest or official conduct. A member wishing to be excused from voting shall so inform the Chairman, who shall take a vote of the remaining members. A member who fails to vote, not having been excused, shall be recorded as voting in the affirmative. (b) Tie Vote. The effect of a tie vote is that the motion did not carry. Rule 22. Prohibition of Secret Voting. No vote may be taken by secret ballot. The Clerk shall record the vote of each member in the minutes. Rule 23. Action by Reference. The Board shall not deliberate, vote, or otherwise act on any matter by reference to an agenda, or document number unless copies of the agenda or documents being referenced are available for public inspection at the meeting and are so worded that people at the meeting can understand what is being discussed or acted on. Rule 24. Introduction of Ordinances, Resolutions, and Orders. A proposed ordinance shall be deemed introduced at the first meeting where it is on the agenda, regardless of whether it is actually considered by the Board, and its introduction shall be recorded in the minutes. Rule 25. Adoption, Amendment, or Repeal of Ordinances. To be adopted at the meeting where it is first introduced, an ordinance or an action with the effect of an ordinance, or any ordinance amending or repealing an existing ordinance ( except the budget ordinance, a bond order or another ordinance requiring a public hearing before adoption) must be approved by all members of the Board of Commissioners. If the proposed measure is approved by a majority, but not by all the members of the Board, or if the measure is not voted on at that meeting, it shall be considered at the next regular meeting of the board. If it then or at any time thereafter within one hundred (100) days of its introduction receives a majority of the votes cast, the measure is adopted. Page 8 of 12 120318 HCBOC Page 79 Rule 26. Quorum. A majority of the Board membership shall constitute a quorum. The number required for a quorum is not affected by vacancies. If a member has withdrawn from a meeting without being excused by majority vote of the remaining members, he/she shall be counted as present for the purposes of determining whether a quorum is present. The Board may compel the attendance of an absent member by ordering the Sheriff to take the member into custody. Rule 27. Public Hearing Time Limits. (a) The time limits for speakers at zoning public hearings shall be ten (10) minutes for the proponent and ten ( I 0) minutes for the opponent; the time may be apportioned among speakers for that side. The time limits for speakers at other public hearings shall be three (3) minutes per speaker. (b) The Board of Commissioners reserves the right to limit the length of public hearings. After the Chairman announces the close of a public hearing, no member of the public may address the issue to the board. Rule 28. Quorum at Public Hearings. A quorum of the Board must be present at all public hearings required by law. Rule 29. Public Comment Periods (a) Public comment periods will be limited to a maximum of thirty (30) minutes and each person desiring to speak shall have a maximum of three (3) minutes to make their remarks. A speaker may not speak more than once during the same public comment period. To avoid repetition, groups of individuals who expect to have the same or similar comments are encouraged to select a spokesperson to speak on their behalf. (b) Speakers shall address the Board from the podium and begin their remarks by stating their name and residential address. ( c) Public comment is not intended to require the Board to answer any impromptu questions. The Board should refrain from engaging in a dialogue, except to the extent necessary to clarify the speaker's position. The Board shall not entertain questions from the audience, and discussions between speakers and members of the audience shall be prohibited. (d) Speakers shall maintain proper decorum and shall make their comments in a civil manner. Personal attacks and use of obscene and profane language are prohibited. (e) Speaker comments should be limited to subjects that are within the Board's jurisdiction. Speakers shall not discuss matters that concern the candidacy of any person seeking public office, including the candidacy of the speaker, closed session matters, those matters which are the subject of public hearings , and any matters intended to promote any individuals' commercial or pecuniary interest. Page 9 of 12 120318 HCBOC Page 80 (f) Action on items brought up during the Public Comment Period will be at the discretion of the Board. Rule 30. Minutes. Minutes shall be kept of all Board meetings. Rule 31. Appointments. The Board shall fill County Commissioner vacancies in accordance with G. S. 153A-27. The Board shall fill a Register of Deeds vacancy in accordance with G. S. 161-5 and a Sheriff vacancy in accordance with G.S. 162-5. The Board shall use the following procedure to make appointments to fill vacancies in other boards, commissions, and committees over which the Board has power of appointment. (a) Any U.S. citizen who is a resident of Harnett County is eligible to serve on appointed boards/commissions/committees of the County where such appointment is not prohibited by state statute. (b) All Board members must maintain residence in Harnett County while serving on said Board. ( c) All appointments will be made in accordance to the Statute or Ordinance that created the board/ commission/ committee. (d) No citizen may serve more than two appointed positions simultaneously. (e) No citizen may serve more than three consecutive terms on any board/committee/commission unless the term is less than three (3) years. No member of any board/committee/commission may serve more than nine (9) consecutive years, unless waived by the Board of Commissioners by a majority vote. Any waiver issued by the Board for a consecutive term over nine (9) consecutive years for an individual is limited to two (2) waivers. Any individual may be reappointed to the same board/committee/commission after remaining off said board/committee/commission for at least one year. (f) If a person is appointed to fill someone's unexpired term and serves less than half of a full term, he/she is eligible to serve three full terms. (g) If an appointee has unexcused absences which constitute more than 25% of the Board meetings in any calendar year which he or she is required to attend pursuant to his or her appointment , he or she is obligated to resign. Excused absences are defined as absences caused by events beyond one 's control. If the individual refuses to resign, he or she may be dismissed by action of the Board of Commissioners subject to state or local law. A calendar year is to be defined as a 12-month period beginning on the date of appointment. Page 10 of 12 120318 HCBOC Page 81 (h) Each Commissioner will have available to him or her a binder containing a list of all county appointments, with the following data provided: • Name of the board, commission, committee, or authority • Brief on the functions • Statute or cause creating board , commission, committee or authority • Number of members and terms of office • Current members and terms of office, including number of terms serviced • Regular meeting day, time, and location, if determined (i) Procedures for filling vacancies for appointed positions: 1. Notification of available appointments A. A list of available positions stating terms of office, requirements for office, and duties of positions will be published in the newspapers of Hamett County thirty (30) days prior to the month of appointments being made . This procedure will be carried out by the Clerk to the Board of Commissioners. B. Thirty (30) days prior to the terms expiring, the Clerk to the Board will mail a notice to each person who is eligible for reappointment requesting information on his or her interest in continuing to serve. If an application is not on file , one will be requested at this time. If an individual is not eligible for reappointment , he or she will be notified and given reason for being ineligible. C. If, because of policy or otherwise, an individual is unable to be reappointed, he or she will be sent a letter of appreciation by the Chairman of the Board of Commissioners at the expiration of his or her term thanking him or her for the past services rendered. 2. Selection Process A. Six (6) days prior to the date a vacancy occurs, all applications for a particular position will be given to the County Manager. The Manager will check each for eligibility. B. A list of all names submitted will be sent to all Commissioners with those who are ineligible noted and the reasons for ineligibility given. C . The Clerk to the Board shall be given a copy of the information to be placed on the agenda as the "Appointments" for action at the next meeting of the Board of Commissioners. Page 11 of 12 120318 HCBOC Page 82 3. Notification of Appointment A. The County Manager shall prepare a letter of notification to the appointee and a copy of the affected board, notifying each of the appointment. This letter will include a congratulation statement, the time, date, and place of the first meeting he or she is to be sworn in, if this is required. B. The County Manager shall require the appointee to certify that he or she has read and understands Rule 30. Appointments section of "Rules of Procedure for the Board of County Commissioners of Hamett County, North Carolina". This section states policy and procedures for appointments to any County board, commission, committee, or authority. The County Manager shall mail a self-addressed, stamped envelope for the convenience of the appointee in returning the signed affirmation of understanding. 4. Applications Rule 32. All applications received shall be retained for at least two (2) years. Applications shall be kept on file for all active appointees. All the above data shall be maintained as confidential for Board of Commissioners' use only. Changes to Rules of Procedure. The Board may change these rules of procedure upon a vote by two-thirds (2 /3) of the members of the Board. Changes shall be effective at the next regular meeting. These rules shall be effective on October 1, 1994. Amended 2-6-95. To add Finance Officer to attend closed sessions Amended 2-7-05. To increase limit of appointments from 2 to 3 consecutive terms Amended 9-19-11. DELETED Rule 9 ( d) agenda shall be published in a newspaper of general circulation ... Amended 5-2-16. Rule 30 ( e) To allow waivers to increase limit of appointments Amended 12-3-18 Rule 3. ADD subsection (a)(8) and (a)(9) Rule 4 . ADD If new members are elected, the order .... Rule 5. ADD Vice Chairman to title Rule 6. Regu lar and Special Meetings Third Monday of each Month at 6 p.m. ADD emergency meetings to subsection (e) Sunshine List Rule 27. DELETE (c) Persons desiring to speak at a public hearing must register with the Clerk to the Board prior to the commencement of the meeting. Rule 29. ADD Public Comment Section F :\US ERS\S HIRLEY\BOORU LESOFP.doc Page 12 of 12 120318 HCBOC Page 83 Rule I. RULES OF PROCEDURE FOR THE BOARD OF COUNTY COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA I. APPLICABILITY Applicability of Rules. T hese rules apply lo all meetings of the Board of Commissioners of Harnett County at which the Board is empowered to exerc ise any of the executive, quasi-judicial, administrative, or legi slative powers conferred on it by law. II. OPEN MEETINGS Rule 2. Meetings to be Open. The public policy of North Carolina and of Hamett County is that the hearings, deliberations, and actions of this Board and its committees be conducted openly. Rule 3. Closed Sessions. (a) It is the policy of Hamett County that closed sessions shall be held onl y when required to permit the Board of Commissioner s to act in the public interest as permitted in this section. The list includes: I . To prevent the disclosure of information that is privileged or confidential pursuant to the law of thi s ~~tate or of the United States, or not cons idered a public record within the meaning of C hapter 132 of the General Statutes (The Public Records Law). 2. To prevent the premature di sclosure of an honorary degree, scholarship, prize, or similar award. 3. To consult with an attorney employed or retained by the Board in order to preserve the attorney-client privilege between the attorney and the Board, which privilege is hereby acknowledged. This subdivi sion prohibits discussion of"general policy matters'· in closed sessio n and declares that it shall not be construed to permit a public body to close a meeting that otherwise would be open merely because an attorney employed or retained by the Board is a participant. The subdivi sion permits the Board to consider and give instructions to an attorney concerning the handling or settlem ent of a claim, judicial action, or administrative procedure, with terms of any settlement to be made public within a reasonable time. 4. To discuss matters relating to the location or expansion of industries or other businesses in the area served by the Board. 5 . To establi s h, or to instruct the Board's staff or negotiating agents concerning the position to be taken by or on behalf of the Board in negotiating (i) the price and other material terms of a contract or proposed contract for the acquisition of real property Page I of 12 120318 HCBOC Page 84 (b) by purchase, option, exchange, or lease; or (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract. 6. To consider the qualifications, competence, performance, character, fitness, conditions of appointment, or conditions of initial employment of an individual public officer or employee or pro spective public officer or employee; or to hear or investigate a complaint, charge, or grievance by or against an individual public officer or employee. This subdivision prohibits discussion of"general personnel policy issues" or considerations of the qualifications, competence, performance, character, fitness, appointment, or removal of a member of the Board or another body or consideration of (or filling ot) a vacancy among its own membership in closed sess ion. ~ To plan, conduct, or hear reports concerning investigations of alleged criminal mi sconduct. 8. [o d isc uss a nd take act ion regard ing p lans to protect publ ic safet): as it re lates to e»istin g or potenti a l te rror is t activ it v and to rece ive briefi ngs b) staff membe rs . legal counsel. o r la\\ e n force me nt or emer ge ncy service o ffi cials concern ing actions take or to be taken to respond to such activity. 7-:9 . l'o view a recordi ng released pu rsuant to G.S . 132 -l.4A The Board may go into closed se ss ion only upon motion made and adopted at an open meeting. T he motion shall state the permitted purpose of the c lo sed session and if the c losed session is to consult with an attorney in order to preserve the attorney-client privilege, the motion mu st identify the parties in each existi ng lawsuit which the Board expects to receive adv ice during the closed session. The motion must be approved by a majority of t ho se Board members present and voting. (c) Minutes shall be kept of all closed sessions of th e Board, but may be withheld from public in spection so long as public inspection would frustrate the purpose of the closed sess ion. (d) The County Ma nager, Assistant County Manager, Finance Officer, and the Co unty Attorney shall attend the closed session, unless expressly excluded in the motion . Other persons s hall not attend the closed session unless expressly included in the motion or otherwise called into the session. Ill. ORGANIZATION OF THE BOARD Rule 4. Organizational Meeting. Commented [CA 1 ]: These are two addirional matters li sted in G.S . 143 -3 18 .11 that are pennined to be discussed in closed session On the first Monday of December following a general election in wh ich County officers are elected, the Board s hall meet at the regular meeting time and place. !f nev. members arc elected,__. ---( Formatted: Font color. Dark Red +!he order of business shall be: ._ (a) The Board shall approve the minutes of its prior meetin g and other items of business. -----r;;rmatted: Fon~ Blue (b) The newl y elected membe rs of the Board shall take and subscribe the oath ofoffice. Page 2 of 12 120318 HCBOC Page 85 (c) With the Clerk to the Board presiding, the Board shall e lect a Chairman and a Vice C hainna n from its members. Rule 5. Election of Chairman and Vice Chairma n. The C hairman and Vice C hairman of the Board shall be e le ct ed annually for a tenn ofone year and s ha ll not be remo ved from the office of C ha irman or Vice Chairman unl ess he/she becomes disqualified to serve as a Board m e mber. IV. REGULAR AND SPECIAL MEETINGS Rule 6. Regular and Special Meetings. (a) Regular Meetings: The Board shall hold regular meetings as follows: First Monday of each Month at 9 a.m. Third Monday of each Month at ~ 6 p.m . !f a regular meeting day is a holiday on which county offices are closed, the meeting shall be he ld on the next business day or s uch s uc ceeding day as may be speci fied in the motion adjourning the immediately precedin g regular m eetin g. Regular meetings are held in the Coun ty Administration Building. The Board may c hange or cancel the place or time of a particular regular mee ting or of a ll regular meetings within a specifi ed perio d by resolution adopted, posted, and noticed at least seven days before the change takes effect. S uch a resolution s hall be tiled w it h the Clerk to the Board and posted at or near the regular meeting place, and copies s ha ll be sent to all person s who have requested notice of specia l meetings o f the Board. (b) Specia l Meetings. T he Chairman or a majority of boa rd members may a t any time call a special meeting of the Board by s igning a noti ce statin g the time and pl ace of the meeting a nd the subjects to be cons ide red . The C le rk sha ll cause the notice to be posted on the bulletin board in the courthouse, o n the door o f the meeting room , and delivered to the Chairma n and all other Board me mbers or left at the dwelling place of each Board m ember at least 48 hours before the meeting. In a dditi on, th e notice s hall be mailed or delivered to individual persons and news organizations that have req uested such notice as provided in subsection (e) below. Only items of business specified in the notice may be transacted at a special meeting. (c) Emergency Meetings. The Chairman or a majority of members may call a n emergency meetin g to deal w ith a n unexpected ci rcumstance req uiring immediate con sideration . The person or persons calling th e emergency meeting shall cause notice of the meeting to be given to the other Board me mbers and the public. Local news organizations, havi ng req uested notice of specia l meetings as provided in subsection (e), below, shall be notified of s uch emergency meetings by the same method used to noti fy Board members. Only business connected with the e m ergency may be di scussed a t the meeting. Page 3 of 12 120318 HCBOC Page 86 (d) Work Sessions, Retreats, and Committee Meetings. The Board may schedule work sessions, retreats, forums. conventions, association::,, and committee meetings, or other information meetings of the Board or of a majority of its members at such times and concerning such subject s as may be established by resolution or order of the Board. A schedule of such meetings held regularly shall be filed in the same place and manner as the schedule of regular meetings. Work sessions and other informal official meetings not held regularly are subject to the same notice requirements as special Board meetings. (e) Sunshine List. Any individual and/or newspaper, radio station, and television Station desiring notice of all special and cmcrecm:, meetings of the Board shall file a written request with the Clerk to the Board of Commissioners. Rule 7. All Meetings Within the County. (a) All meetings shall be held within the boundaries of Harnett County, except as otherwise provided by statute or herein. (b) A joint meeting with the gGoveming !">Hoard of any other political subdivision of this or any other state may be held within the boundaries of either subdivision as may be specified in the call of the meeting. At any such joint meeting, this Board reserves the right to vote separately on all matters coming before the joint meeting. (c) A special meeting betwee n the Board of Commissioners and its local legislative delegation during a session of the General Assembly ; provided, however, that at any such meeting, the members of the Board of Commissioners may not vote upon or otherwise transact public business except with regard to matters directly relating to legis lati on proposed to or pending before the General Assembly. (d) A special meeting called in connection with a retreat, forum , or simi lar gatheri ng may be held solely for the purpose of providing members of the Board with general information relating to the performance of their public duties; provided, however, that the members of the Board shall not vote upon nor otherwise transact public business while in attendance at such a gathering. (e) While in attendance at a convention, association meeting, or similar gathering, a spec ial meeting may be held; provided, however, that any such meeting may be held so lely to discuss or deliberate on the Board's position concerning similar issues that are not legally binding upon the Board of Commi ssioners or its constituents. Rule 8. Broadcasting and Recording of Meetings (a) Except as provided in this rule, any radio or television station may broadcast all or any part ofan official Board meeting requ ired to be open to the public. Any person may photograph, film, tape-record, or otherwise reproduce any part of a meeting required to be open. Page 4 of 12 120318 HCBOC Page 87 (b) Any radio or television station wishing to broadcast any portion of any portion of an official Board meeting shall so notify the County Manager no later than two business days before the meeting. If the number of requests or the quantity and size of the necessary equipment is such that the meeting cannot be accommodated in the designated meeting room and no suitable alternative site is available, the County Manager may require the news media to either pool equipment and personnel or to secure and pay the costs of an alternative meeting s ite mutually agreeable to the Board and the media representative. V. AGENDA Rule 9 . Agenda (a) The County Manager shall prepare the agenda for each regular, special, and emergency meeting. A request to have an item of business placed on the agenda for a regular meeting must be received by Monday noon of the week preceding the regular meeting day. Any Board member may, by a timely request, have an item placed on the agenda. A request to place an item on the agenda from other than a Board member shall be at the discretion of the County Manager and Chairman of the Board. (b) The agenda packet s hall include th e agenda document, any proposed ordinances or amendments to ordinances, and s upporting documentation and background information relevant to items on the agenda. A copy of the agenda packet s hall be available to each Board member not later than Wednesday of the week preceding the regular meeti ng day. (c) The Board may, by unanimous vote of the members present, add or delete an agenda item. (e:l) (e) The agtme:la shall be published iR a Rewspaper efgeReral eireulatieR prier te the day ef the sdieduled regular meeliRg. Deleted by resolution 9-19-11 The County Manager may propose a consent agenda as part of the main agenda. The consent agenda shall contain those routine items of bus iness that do not normally involve debate. The Board may approve all items on the consent agenda by adopting one (I) motion. The Board may transfer an item from the consent agenda to the main agenda upon a majority vote of the members present and voting. A motion to transfer should normally be made at the beginning of the meeting. The consent agenda may include, but is not limited to, the following routine items of bus iness: I. Approval of minutes from the prior meeting. 2. Budget amendments/revisions. 3. Di s pos ition of surplus personal property to other governmental agencies. 4. Granting to North Carolina Department of Transportation road right-of- way easements on County property. 5. Resolution s of appreciation, s upport, and recognition. Page 5 of 12 120318 HCBOC Page 88 6. Resolutions requesting road additions to the state highway secondary road system. 7. Tax releases, tax refunds. VI. CONDUCT OF DEBATE Rule 10. Powers of the Chairman. The Chairman shall pre side at all Board meetings. In the absence of the Chairman, the Vice Chairman shall preside at Board meetings. If the Vice Chairman is absent, Boan.I members present may appoint someone to c,;<.c"hair the meetings. To address the Board, a member must be recognized by the Chairman. The Chairman shall have the following powers: (a) To rule on points of parliamentary procedure, including the right to rule out of order any motion offered for patently obstructive or dilatory purposes; (b) To determine whether a speaker has gone beyond reasonable standards of courtesy in his or her remarks and to entertain and rule on objections from other members on this ground; (c) To call a brief recess at any time ; (d) To adjourn in an emergency . Rule 11. Action by the Board. The Board shall procee d by motion . Any member, including the C hairman, may make a motion. Rule 12. Second Required. A motion shall require a second . A motion shall be ruled dead by the Chairman if a second is not received within a reasonable period of time. Rule 13. One Motion at a Time. A member may make only one motion at a time. Rule 14. Substantive Motion. A substantive motion is out of order while another s ubstantive motion dealing with another subj ect matter is pending. Rule 15 . Substitute Motion. A s ubstitute motion (an amendment) dealing with the same subject matter as the original sub stitute motion is in order and shall be acted upon prior to action on the ori g inal motion. Page 6 of 12 120318 HCBOC Page 89 Rule 16. The Chairman shall state the motion and then open the floor to debate. Rule 17. Adoption by Majority Vote. A motion shall be adopted if approved by a majority of the votes cast, unless otherwise required by these rules or North Carolina laws. Rule 18. Procedural Motions. (a) In addition to substantive proposals, the procedural motion s listed in s ub section (b) of this rule, and no others shall be in order. Unless otherwise noted, each motion is debatable, may be amended, and requires a majority vo te for adoption. (b) In order of priority, the procedural motions are: • To adjourn. The motion may be made only at the conclusion of action on a pending matter: it may not interrupt deliberation of a pe nding matter. • To Rece ss. • To Call to Follow the Agenda. The motion must be made at the first reasonable opportunity or it is waived. • To Suspend the Rul es, the motion requires a two-thirds (2/3) vote of the members present. • To Divide a Compl ex Motion and Consider it by Paragraph. • To Defer Consideration. A s ub stantive motion whose consideration has been d eferred expires unless a motion to rev ive consideration is adopted within one hundred ( I 00) days after deferral. • To Postpone to a Certain Time or Day. • To Refer to Committee. Sixty (60) days after a motion has been refe rred to committee, the introducer may compel consideration of the measure by the e ntire Board, re gardless of whether the committee has reported the matter back to the Board. • To \mend. An amendment to a motion must be germane to the s ubject of the main motion, but it may not achieve the opposite effect of the main motion. There may be only one amendment to the motion. A motion to amend shall require a second. Any amendment to a proposed ordinance shall be reduced to writing. • To Revive Consideration. The motion is in order at any time within one hundre d ( I 00) days of a vote deferring consideration. • To Prevent Reconsideration for Six Months. The motion shall be in order only immediately following the defeat of a substantive motion. It requires a vote equal to a quorum and is valid for s ix (6) month s or until the next regular election of County Commi ssioners, whichever occurs first. Page 7 of 12 120318 HCBOC Page 90 Rule 19. Renewal of Motion. A defeated motion may not be renewed at the same meeting. Rule 20. Withdrawal of Motion. A motion may be withdrawn by the introducer any time before the Chairman puts the motion to a vote. Rule 21. Duty to Vote. (a) It is the duty of each member to vote unless excused by a majority vote according to law. The Board may excuse members from voting on matters involving their own financial interest or official conduct. A member wishing to be excused from voting shall so inform the Chairman. who shall take a vote of the remaining members. A member who fails to vote, not having been excused, shall be recorded as voting in the affirmative. (b) Tie Vote. The effect of a tie vote is that the motion did not carry. Rule 22. Prohibition of Secret Voting. No vote may be taken by secret ballot. The C lerk shall record the vote of each member in the minutes. Rule 23. Action by Reference. The Board shall not deliberate, vote, or otherwise act on any matter by reference to an agenda, or document number unless copies of the agenda or documents being referenced are available for public inspection at the meeting and are so worded that peop le at the meeting can understand what is being di sc ussed or acted on. Rule 24. Introduction of Ordinances, Resolutions, and Orders. A proposed ordinance shall be deemed introduced at the fir st meeting where it is on the agenda, regard less of whether it is actually considered by the Board, and it s introduction shall be reco rded in the minutes. Rule 25. Adoption, Amendment, or Repeal of Ordinances. To be adopted at the meeting where it is first introduced, an ordinance or an action with the effect of an ord inance, or any ordinance amending or repealing an existing ordinance (except the budget ordinance, a bond order or another ordinance requiring a public hearing before adoption) must be approved by all members of the Board of Commissioners. If the proposed measure is Page 8 of 12 120318 HCBOC Page 91 approved by a majority, but not by a ll the members of the Board, or if the measure is not voted on at that meeting, it shall be considered at the next regular meeting of the board. If it then or at any time thereafter within one hundred ( I 00) days of it s introduction receives a majority of the votes cast. the measure is adopted. Rule 26. Quorum. A majority of the Board membership sha ll constitute a quorum . Th e number required for a quorum is not affected by vacancies. If a me mber has withdrawn from a meeting without being excused by maj ority vote of the rem aining members, he/she shall be counted as present fo r the purposes of determining whether a quorum is present. The Board may compel the attendance of an absent member by orderi ng the Sher iff to take the member into custody. Rule 27. Public Hearing Time Limits. (a) The time limits for speakers at zo nin g public hearings shall be ten ( I 0) minutes for the proponent and ten ( I 0) minut es for the o pponent; the time may be apportion ed among speakers fo r th at sid e. The time limit s for s peakers at other public hearin gs shall be three (3) minutes per speaker. (b) The Board of Commissioners re serves the right to limit the length of public heari ngs. After the Chairman an nounces the close of a public hearing, no member of the public may address the issue to the board. (€t -P-.!r~irmg 10 t,peak at a ptthl~!Hhe-Glerk 10 Ike Board prior 10 tke eemmeAeem~AI oftl!e meeting . remove Rule 28. Quorum at Public Hearings. A quorum of th e Board mu st be prese nt at all public hearings req uired by law. Rul e 29. Publ ic Co mme nt Periods (a) P uh lic comm ent periods 1\ill he limi ted to a ma,im um of thi rn (3 0 ) mi nu tes an d ea ch p.:rson des irin g to s p.:ak sh a ll ha\<.: a ma,imum o f three (3) mi nutes to ma k.: thc ir rem¥k~ '\ speaker mm not speak more than o nc e during_1hc samc_pub li c comment pc riQd_,_[o a,9id repc!iti Q.n..,filQ_UP1 or indi vidua ls 1\hQ e~cct_ to have_ the sa me Qu;im [lar q)rmnent s arc cncou ra!!e d to sel ec t a spo kesperson to speak on the ir behalf. (b) Srn:a kcrs sha ll address the Bo ard from thenodi um and begin the ir remarksmstating th .:ir na me a nd rcs idcn li a l ad dress . w__ P@ li <;SQ l1 1!_n~t_is .DQI i_!ll<:Qded IQ require the Boar d 10 a ns,\er an)_ im pro mJllil tll!C5l iQrb\ !he Bgard shQLtl<l rcfr,iln fr om en gagi ng in a di a lo gu c.,__c,,c cpt 10 th c .:,1..:nt n.:ccssar\ IQ c lari 1, th e s p.:akcr' s pos it io n. lhc Bo ard shall no t entertai n q uest ions from the a udi e nce., a nd discu ssions bc111een speake rs an d me mbe rs of !he a udi ence shall he pro hib it ed. Page 9 o f 12 120318 HCBOC Page 92 (J ) ~pcakc rs shall maintai n prope r J c.:orum and shall mal-.c thei r com mcnls in a Ci\ ii ma nner . Pe rsona l attacks and u,e of ohsccne and profane langu age arc pro h ih itcJ !..£L ~cl!bg CQllltfiln ls should be lim it ed to s\t.hifs ts tha.u.i_r~~~ithin the Board·s juris di ctiQn . Spcal.crs slrnll no t di scuss matt er~ that co ncern the candi dac, of am person sec k mg puh l ic ol'licc . includin g th e candi dac\ o f the spcal.cr_ cl oscJ session matters. those matt ers \\higuJr£ the ~~tQh:ct QL.ill!_Qlic hear inili.,_<'llJ.Q<!f])'. rnsittc rs inten ded tQ fl_rQmQ_tc illll indi, iduals' co mme rcial or pcc un ian interest. ( I) Action on it ems hroue.ht up duri ne. the Puh lic Comme nt Pcriod 1\ill be at the disc re1 ion of tl LC Boar d. Rule 2930. Minutes. Minutes shall be kept of all Board meetings. Rule .WJ.!. Appointments. The Board shall fill County Commi ssioner vacancies in accordance with G. S. 153A-27. The Board shall fill a Register of Deeds vacancy in accordance with G. S. 161-5 and a Sheriff vacanc y in accordance with G.S. 162-5. The Board shall use the following procedure to make appointments to fill vacanc ie s in other QBoards, ff:ommissions, and f f:ommittees over which the Board has power of appointment. (a) Any U.S. citizen who is a resident of Harnett County is eligible to serve on appointed ~oards/i;Cc-ommissions/i;<c ommittees of the County whe re s uch appointment is not prohibited by state statute. (b) All Board members must maintain residence in Harnett County while serv ing on said Board. (c) All appointments w ill be made in accordance to the Statute or Ordinance that created the b,Bo ard/ff-omm iss ion/f~ommittee. (d) No citizen may serve more than two appointed positions simultaneously. (e) l>le eitiz.en may serve mere than three eensecuti,•e term s on any Beanl/Committee/CoffifRissien unles s the term is 3 years or under. Ne memeer efany Bearcl/Cemmitt@e/Cemmissien m~· serve mern than nine sonse sutive years. The following amendment was unanim ously adopted on May 2, 2016: (e) No citizen may serve more than three consecutive terms on any b:llo ard/ff'ommittee/cf.-ommission un less the term is less than three (3) years. No member of any !:!Board/fCommittee/f<c·ommission may serve more than nin e (9) Page 10 of 12 120318 HCBOC Page 93 consecutive years, unless waived by the Board of Commissioners by a majority vote. Any waiver issued by the Board for a consecutive term over nine (9) consecutive years for an individual is limited to two (2) waivers. Any individual may be reappointed to the same hH oard/~f-ommittee/s/,ommission after remaining off said \:>Roard/i;f.ommittee/cG-Ommission for at least one year. (t) If a person is appointed to fill someone's unexpired term and serves less than halfof a full term, he/she is eligible to serve three full terms. (g) !fan appointee has unexcused absences which constitute more than 25% of the Board meetings in any calendar year which he or she is required to attend pursuant to his or her appointment, he or she is obligated to res ign. Excused absences are defined as absences caused by events beyond one's control. If the individual refuses to resign, he or she may be dismissed by action of the Board of f.t.)t~Commissioners subject to state or local law. A calendar year is to be defined as a 12-month period beginning on the date of appointment. (h) Each ~Commissioner will have available to him or her a binder containing a list of all county appointments, with the following data provided: • Name of the board. commission, committee, or authority • Brief on the functions • Statute or cause creating board, commission, committee or authority • Number of members and terms of office • Current members and terms of office, including number of terms serviced • Regular meeting day, time, and location, if determined (i) Procedures for filling vacancies for appointed positions: I. Notification of available appointments A. A li st of available positions stati ng terms of office, requirements for office, and duties of positions will be published in the newspapers of Harnett County thirty (30) days prior to the month of appointments being made. This procedure will be carried out by the C lerk to the Board of ~Commissioners. B. Thirty (30) days prior to the terms expiring, the Clerk to the Board will mail a notice to each person who is eligible fo r reappointment requesting information on his or her interest in continuing to serve. If an application is not on file, one will be requested at this time. If an individual is not eligible for reappointment, he or she will be notifi ed and give n reason for being ineligible. C . If, because of policy or otherwise, an individual is unable to be reappointed, he or she will be sent a letter of appreciation by the Chairman Page 11 of 12 120318 HCBOC Page 94 of the Board of Commissioners at the expiration of his or her term thanking him or her for the past services rendered. 2. Selection Process A. Six (6) days prior to the date a vacancy occurs, all applications for a particular position will be given to the County Manager. The Manager will check each for eligibility. B. A list of all names submitted will be sent to all Commissioners with those who are ineligible noted and the reasons for ineligibility given. C. The Clerk to the Board shall be given a copy of the information to be placed on the agenda as the "Appointments" for action at the next meeting of the ~Board of Commissioners. 3. Notification of Appointment A. The County Manager shall prepare a letter of notification to the appointee and a copy of the affected board, notifying each of the appointment. This letter will include a congratulation statement, the time, date, and place of the first meeting he or she is to be sworn in , if this is required. B. The County Manager shall require the appointee to certify that he or she has read and understands Rule 30. Appointments section of"Rules of Procedure for the Board of County Commi ssioners of Hamett County, North Carolina··. This section states policy and procedures for appointments to any County board, commission, committee, or authority. The County Manager shall mail a self-addressed, stamped envelope for the convenience of the appointee in returning the signed affirmation of understanding. 4. Applications All applications received shall be retained for at least two (2) years. Applications shall be kept on file for all active appointees. All the above data shall be maintained as confidential for ~Board of Commissioners' use only. Rule M-32. Changes to Rules of Procedure. The Board may change these rules of procedure upon a vote by two-thirds (2/3) of the members of the Board. Changes shall be effective at the next regular meeting. These rules shall be effective on October 1, 1994. Amended 2-6-95. To add Finance Officer to attend closed sessions Amended 2-7-05. To increase limit of appointments from 2 to 3 consecutive terms Page 12 of 12 120318 HCBOC Page 95 Amended 9-19-11. DELETED Rule 9 ( d) agenda shall be publi shed in a new spaper of ge neral circu lation ... Amended 5-2-16. Rule 30 (e) To aUow waivers to increase limit of appointments Amended 12-3-18 Ruk 3. .\DD subsection (a)(8) and (a)(9) R11k i._ '\1212 Vice C_llain11anJ{)_titk Ruic 6. Regular and Special Meetings Third Monday of each Month at 6 p.m . . \DD cmcrgenc\ meetings to subsecti on (el Sunsh ine I _Uit Rule 27 . DFU IF (c) Persons desiring to speak at a public hearing must register with the Clerk to the Board prior to the commencement of the meeting. Ruic J+2<.l . ADD Public Comment Section f :\USERS'SHIRLEY\BOC\RULESOFP.doc Page 13 of 12 1 Formatted: Indent: Left: 1" --------i_ ) Formatted: Indent: Left: O" 120318 HCBOC Page 96 Agenda Item 4 - K ---=-- A RESOLUTION TO APPROVE THE 2019 SCHEDULE OF MEETINGS HARNETT COUNTY BOARD OF COMMISSIONERS THAT WHEREAS, the Harnett County Board of Commissioners adopted on September 19 , 1994 certain Rules of Procedure by which the Board would conduct its meetings ; and WHEREAS, Rule 6 of the Rules of Procedure concerning "Regular and Special Meetings" states that the Board shall hold regular meetings the first Monday of each month at 9 a.m. and the third Monday of each month at 6 p.m. It also states if a regular meeting day is a holiday on which county offices are closed, the meeting shall be held on the next business and the Board may schedule regular work sessions. NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Harnett County that the Board shall hold the following regular meetings and work sessions in 2019: Monday January 7 9:00 am Board Meeting Tuesday January 15 9:00 am Work Session Tuesday January 22 6 :00 pm Board Meeting Monday January 28 9 :00 am Retreat Monday February 4 9 :00 am Board Meeting Monday February 4 11:45 am Legislative Luncheon Tuesday February 12 9:00am Work Session Monday February 18 6:00pm Board Meeting Monday March 4 9:00 am Board Meeting Tuesday March 12 9:00 am Work Session Monday March 18 6:00 pm Board Meeting Monday April 1 9:00 am Board Meeting Tuesday April9 9 :00 am Work Session Monday April 15 6:00 pm Board Meeting Monday May6 9:00 am Board Meeting Tuesday May 14 9 :00 am Work Session Monday May20 4 :00 pm Appreciation Reception Monday May20 6 :00 pm Board Meeting Monday June 3 9:00am Board Meeting Tuesday June 11 9:00 am Work Session Monday June 17 6:00 pm Board Meeting Tuesday July 9 9:00 am Work Session Monday July 15 6:00pm Board Meeting Monday August 5 9:00 am Board Meeting Tuesday August 13 9:00 am Work Session Monday August 19 6:00 pm Board Meeting Tuesday September 3 9:00 am Board Meeting Tuesday September 10 9:00 am Work Session Monday September 16 6:00pm Board Meeting Monday October 7 9:00 am Board Meeting Tuesday October 15 9:00 am Work Session Monday October 21 6:00 pm Board Meeting Monday November4 9:00 am Board Meeting Tuesday November 12 9:00 am Work Session Monday November 18 6 :00pm Board Meeting 120318 HCBOC Page 97 Monday Tuesday Monday December2 December 10 December 16 9:00am 9:00 am 6:00pm Board Meeting Work Session Board Meeting Adopted by the Hamett County Board of Commiss ioners in regular session, this 3 rd day of December, 2018. HARNETT COUNTY BOARD OF COMMISSIONE RS By: _______________ _ Gordon Springle, Chairman Attest : Margaret Regina Wheeler, Clerk 120318 HCBOC Page 98 Board Meeting Agenda Item Agenda Item __ 4.:---..;;L __ _ MEETING DA TE: December 3, 2018 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJEC T: Joint Resolution Adopting North Carolina Geodetic Survey's Resurvey of the Common Boundary Between Harnett County and Chatham County REQU EST E D BY: Clint Williams, GIS/E-911 Operations Administrator REQUEST: Harnett County GIS/E-911 requests that the Board of Commiss ioners : 1. Adopts the location of the boundary line between Harnett County and Chatham County in accordance with the attached plat prepared by North Carolina Geodetic Survey, and adopts the attached joint resolution. 2. Directs the Harnett County Tax Administrator to assess parcels, or portions thereof, that have previously been assessed in Chatham County but will now be in Harnett County, in accordance with the attached pl a t prepa red by North Carolina Geodetic Survey and mutuall y ag reed to by this Board and the C hatham County Board of Commissioners . FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION : S:\Projects\Coun tyBo undaries\Chat_ Ham_ Wake_ Bound ary\Docs\20 18-1203 -BO C-Age nd a-llem-H arnett -Cha th am-County- L ine .docx Page I of 2 120318 HCBOC Page 99 Agenda Item Additional Information Item Title: Joint Resolution Adopting North Carolina Geodetic Survey's Resurvey of the Common Boundary between Harnett County and Chatham County Specific Action Requested: That the Board of Commissioners: 1. Adopts the location of the boundary line between Harnett County and Chatham County in accordance with the plat prepared by North Carolina Geodetic Survey, and adopts the joint resolution. 2 . Directs the Harnett County Tax Administrator to assess parcels, or portions thereof, that have previously been assessed in Chatham County but will now be in Harnett County, in accordance with the plat prepared by North Carolina Geodetic Survey and mutually agreed to by this Board and the Chatham County Board of Commissioners. Item Summary: Purpose: Background : North Carolina General Statute 153A-18 gives Counties the authority to mutually establish county boundary lines that are uncertain through ratification of a survey prepared by North Carolina Geodetic Survey. On April 16, 2018 , the Board of Commissioners jointly agreed with the Wake County and Chatham County Board of Commissioners to resolve issues with the boundary line by first authorizing legislation to establish the correct common corner shared by all three counties. On June 25, 2018, the North Carolina General Assembly ratified legislation, Session Law 2018-62, that corrects the common corner for Wake, Harnett, and Chatham Counties . The next step is to resolve uncertainties in the shared boundary line between Chatham County and Harnett County. This can be accomplished by mutual agreement (Joint Resolution) of the plat prepared by North Carolina Geodetic Survey that depicts the newly established boundary line (attached). If adopted, the Resolution will also direct the Harnett County Tax Administrator to assess parcels , or portions thereof, that have previously been assessed in Chatham County but will now be in Harnett County. 120318 HCBOC Page 100 All changes to the County line described herein become effective on January 1, 2019 . Staff has been in contact w ith all impacted property owners and has notified them of today 's meeting. Additional Information : Uncertainty with the location of county boundary lines is not uncommon in North Carolina . Today 's technology can locate boundary lines much more precisely and uncover discrepancies in those boundaries. These discrepancies can create issues when it comes to tax assessment , property value, deed recordation , zoning , building permitting , public safety , board of elections , and the school system. The current issue has been prompted by differences between the boundary line that Harnett County uses versus the one that Chatham County uses. In some instances, the boundary line used between the two counties varies as much as several hundred feet. This has resulted in confusion over the delivery of services and tax assessment to the properties along the boundary line . Given the uncertainties , Harnett and Chatham County staff requested North Carolina Geodetic Survey to conduct historical research and field work to determine the accurate location of the shared boundary line . During their work they discovered errors in the 1961 Wake County and Chatham County survey whereby the Wake/Chatham/Harnett corner was incorrectly located . This error was corrected in the recent Session Law 2018-62 and was supported by all three counties . With this correction , Harnett County and Chatham County can now proceed with resolving the uncertainty in their shared boundary line . North Carolina Geodetic Survey has completed the field work and prepared a plat showing where the Harnett and Wake County boundary line should be (attached). In accordance with North Carolina General Statute 153A-18, both Harnett County and Wake County can mutually agree to establish this as the county boundary line. Since last year, staff from each county have been working collaboratively on identifying all the parcels impacted by the boundary line issue . Staff conducted two community meetings (December 5, 2017 and March 27 , 2018) where property owners were able to learn more about the issue . Property owners were also sent letters detailing the impact on their property. For example , where the boundary line splits a parcel , the property will now become split assessed between the two counties . This is in accordance with state law. In other cases , the property will move entirely from one county to the other. Two of the more common concerns from property owners are : 1) will future development be restricted in some way on a parcel that is split between the two counties? and 2) will a split parcel affect the current agricultural tax deferment (which allows property owners who are farm ing their land to have a reduced tax value until the property transitions to a non-agricultural use)? The answer to both questions is no impact at all. 120318 HCBOC Page 101 The following summarizes the property impacts along the Harnett/Chatham County boundary line: Harnett I Chatham County Boundary -PRELIMINARY EST/MA TES Properties Affected Count Estimated Value Homes moving from Chatham to Harnett (Gain) 2 $ 227 ,648 Homes moving from Harnett to Chatham 0 $ 0 Homes split between Harnett and Chatham 0 $ 0 Parcels split between Harnett and Chatham with a (Gain) 13 $ 287 ,740 Parcels split between Harnett and Chatham with a (Loss) 6 $ 59,020 Total Preliminary Estimated Tax Value for Harnett (Gain) $ 456,368 Total Preliminary Estimated Tax Revenue for Harnett (Gain) $ 3,423 The attached resolution is also being considered by the Chatham County Board of Commissioners at their meeting on December 3, 2018. Should both boards adopt it, the newly established line will become effective on January 1, 2019. Prior to the effective date , each County will apply zoning to the properties , or portions thereof, that are being transferred into the county . Property owners will be notified during this process. Additionally, each County will record with their Register of Deeds a document that identifies all impacted parcels resulting from this corrective action of the county boundary line . 120318 HCBOC Page 102 JOINT RESOLUT ION ADOPTIONG AND ESTABLISHING THE COMMON BOUNDARY LINE BETWEEN CHATHAM COUNTY AND HARNETT COUNTY WHEREAS, N.C .G.S. § 153A-18 provides that if two or more counties are uncertain as to the exact boundary between them, they may cause the boundary to be surveyed, marked and mapped; and WHEREAS, pursuant to a Joint Resolution with Wake County, Harnett County and Chatham County approved by the Hamett County Board of Commissioners on or about April 16, 2018, and approved by the Chatham County Board of Commissioners on or about May 21 , 2018, North Carolina Geodetic Survey was authorized to locate and survey the boundary line between Chatham County and Harnett County; and WHEREAS, as part of the preliminary survey work completed by North Carolina Geodetic Survey, it was determined that Wake County and Chatham County had been using a boundary comer established by survey in 1961 that differed from the actual location of the Wake/Chatham/Hamett tri-county boundary comer; and WHEREAS, pursuant to S L2018-62 ratified by the North Carolina General Assembly on or about June 25 , 2018, the tri-county corner boundary between Wake, Chatham and Harnett County was established in accordance with N.C.G.S. § 153A-l7; and WHEREAS , now that the tri -county corner has been established, Chatham County and Hamett County mutually desire to finalize the location of the common boundary shared between them; and WHEREAS, North Carolina Geodetic Survey has prepared an official survey of the Chatham County and Hamett County common boundary for adoption and ratification by the Chatham County and Harnett County Boards of Commissioners. NOW THEREFORE, BE IT RESOLVED BY THE CHATHAM COUNTY BOARD OF COMMISSIONERS AND THE HARNETT COUNTY BOARD OF COMMISSIONERS that the survey completed by the North Carolina Geodetic Survey attached hereto as Exhibit A is hereby adopted for the purpose of locating the common boundary between Chatham County and Harnett County. BE IT FURTHER RESOLVED that upon adoption of this Joint Resolution, Chatham County and Harnett County will work together to reconcile county services to affected properties such as board of elections, zoning, building permitting, emergency response, and tax assessments. 1 120318 HCBOC Page 103 BE IT FURTHER RESOLVED that upon adoption of this Joint Resolution , staff is directed to register a copy of the same with the Register of Deeds in Chatham County and Harnett County as well as the North Carolina Secretary of State 's Office. That this JOINT RESOLUTION shall become effective on January 1, 2019 . CHATHAM COUNTY Adopted this 3rd day of December, 2018. ATTEST: ---------- Lindsay Ray Clerk to the Board Diana Hales, Chair Board of Commissioners 2 120318 HCBOC Page 104 HARNETT COUNTY Adopted this 3rd day of December 2018. ATTEST: ---------- Margaret Regina Wheeler Clerk to the Board Gordon Springle, Chair Board of Commissioners 3 120318 HCBOC Page 105 LEGEND '> ~ §;!' ~ Q; V !I -~---~ ~ txmJNG SOWrRE SOUO lftON BAR 'I f!:J N:MS,112.07 sn NAO 83(2011) CJ.. f g.~~i6~9 SrT NAO 83(2011) ,,'~ '""""Nm COUNTY R(QSTCR 0, OU:OS P.C. "-' r, PACE 130-0 nnco "MAP Of BOUHOAAY UN( B!TWEIH 1.£[ COUN'T't AHO HARNETT COUJolTY" ADOPTION OAT[ ~ J, 1993. / rl v -----PROPOSCO RCCST"8USHED COUNTY UHE -- - - --CHATKAM COUNlY crs PAACUS , .. NAO a., '" HAANCTI COUNTY GIS PARCC\.S l££ COUNTY CtS PARCELS OISITiNG IRON PIPE ""'"" """"'"'° NORTH AMCRICNI O.TUN 198l U S, SUIWCY fOOT PRELIMINARY MAP o .... lTl(.,J,j A/rolO•Nt(Wl'I ,_, 2000 4000 1;24000.0..8 8000 Feel p~~~~'~'~,~~J,. M.~ C=GH~~l~~~}~&,~ffigf~~f-~ WAKE COUNTY [IP IN ROCII. PILE N: 667,)23.0• sit NAtl &J(2011) [ 2,024,955.02 Ill N.l.D 8.5(2011) CGf.0.99965786 TRI COUNTY CORNER P(.R CCHCRAL ASSEW9Lr or NORTH CM:OUNA SESSION 2017-2018 HOIJS£ BU ... , PRru•INARY PIAT Of RBUIMY CHATHAM COUNTY AND HARNETI' COUNTY LINE STATE or NORTH CAFtOUtilA DRAWN BY: DJf'" CHCCI< BY· RAH OAT[• 10/4/20H! RC\I DATE· SCALE: 1"•2.000' }tiEP'___..l...__Of 120318 HCBOC Page 106 CHATHAM-HARNETT COUNTY BOUNDARY LINE SUMMARY OF RESEARCH FINDINGS October 05, 2018 NORTH CAROLINA GEODETIC SURVEY Prepared By: Ronald R .H arding, PLS NC Geodetic Survey/RM/EM NC Department of Public Safety Claude D. Bowers Building 4105 Reedy Creek Road Raleigh, NC 27604 (mail: 4298 Mail Service Center, Raleigh, NC 27699-4298) ron .harding@ncdps.gov 120318 HCBOC Page 107 CHATHAM-HARNETT COUNTY BOUNDARY LINE SUMMARY OF RESEARCH FINDINGS October 2018 HISTORY Chatham County was formed in 1 770 from Orange County Chatham County were formed from Orange County in 1770 . From page 61 of David Leroy Corbitt's book "The Formation of the North Carolina Counties 1663-1943" reads .... ,the Inhabitants of Orange, lying to the South of a Point Sixteen Miles due South of Hillsborough, and bounded as follows, to-wit, Beginning at the aforesaid Point, running thence due West of Guilford County Line; thence South along Guilford County Line to Cumberland County Line; thence along Cumberland and Wake County Line to a Point due East of the Beginning; thence due West to the Beginning; be erected into a Distinct County by the Name of Chatham County, and St. Bartholomew Parish. (S. R., XXIII. 827) Harnett County was formed in 1855 from Cumberland County Harnett County were formed from Cumberland County in 1855. From page 116 of David Leroy Corbitt's book "The Formation of the North Carolina Counties 1663-1943" reads .... ,Beginning at the intersection of lines of Johnston and Sampson counties, on Black Mingo; thence a direct line to the mouth of lower Little river; thence up said river to the bridge at Elliot's mills; thence a straight line to the place on the Murchison road where Hector's creek crosses; thence with said line to road to the Moore county line; thence with said line to the Chatham county line ; thence with that to the Wake county line; thence with that to the Johnston county line; thence with that to the beginning. (Public Laws. 1854-55, Ch. 8) CONCLUSION The earliest record of a survey of the Chatham-Hamett County boundary line is that of the 1855creation of Harnett County is most probable the first survey. Although adoption and ratification records of this survey aren't available, witness of it having been conducted is presented in the description provided by Corbitt's book. The historical record indicate a straight line for the boundary of Chatham-Hamett County line. The adoption of Harnett-Lee County comer on February 03, J 993 and plat recorded in Hamett County Register of Deeds office in Plat Cabinet F; Page 130-D; as well as the North Carolina General Assembly Session 2017-2018 House Bill I 082 adopting the EIP in rock pile as the Chatham, Hamett, Wake County corner recorded in Chatham County Register of Deeds office Plat Book 2018; Page 184; Hamett County Register of Deeds office Plat Book 2018; Page 213 and Wake County Register of Deeds office Book of Maps 2018; Page 1452. In conclusion, research of the original county line descriptions, historic maps, land grant descriptions, prope1ty deed descriptions, and property survey plats illustrate the best witness to the position of the county boundary line is at the EIP in rock pile in a southwesterly direction to the square solid iron at the Hamett-Lee County comer to be the blue line drawn on preliminary map titled Chatham County and Hamett County Boundary Line as attached . 120318 HCBOC Page 108 Board Meeting Agenda Item Agenda Item 4 -M --_.;;.;.;;;. __ MEETING DATE: December 3, 2018 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Harnett Regional Jetport -Full Service Fixed Base Operator Agreement between County of Harnett and Warren Investments of NC, Inc. REQUESTED BY: Barry A. Blevins, General Services Director REQUEST: General Services Director requests the Board of Commissioners approve the Full Service Fixed Base Operator (FBO) Agreement between County of Harnett and Warren Investments ofNC, Inc. The term of the Lease and Services to be provided shall commence on July 1, 2018 and continue through June 30, 2023. Owner agrees to pay Operator $138,500.00 per year, divided equally into 12 monthly payments beginning July 1, 2018. Beginning July 1, 2019, the price will increase by 2% each year during the initial term of the agreement. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: P :\BOC\agendafonn20 I 8.docx Page I of I 120318 HCBOC Page 109 FULL SERVICE FIXED BASED OPERATOR AGREEMENT BETWEEN County of Harnett And Warren Investments of NC, INC ll P ags= 120318 HCBOC Page 110 INDEX GENERAL AGREEMENT ARTICLE I -LEASED PREMISES A) General Aviation Terminal B) Fuel Facilities C) Aircraft Parking Facilities D) Automobile Parking Facilities E) Improvements and Additions F) Protection of Utility lines and Equipment G) Ownership of Improvements ARTICLE II -RIGHTS AND PRIVILEGES A) Use of the Airport in General B) Right of Ingress and Egress C) Loading and Unloading of Aircraft D) Use of Owner-Owned Tanks and Pumps E) Training F) Signs G) Privileges Specifically Excluded H) Non-Exclusivity ARTICLE Ill -TERM OF LEASE AGREEMENT A) Extension of Lease Term B) Consideration C) Non-Appropriation ARTICLE IV -SERVICES REQUIRED TO BE PROVIDED BY OPERATOR A) Mandatory Minimum Level of Services B) Removal of Disabled Aircraft C) Prices D) Operating of UNICOM System E) Other ARTICLE V -OBLIGATIONS OF OPERATOR A) Fuel Purchases and Sales B) Utilities C) Maintenance and Repairs D) Alterations E) Trash, Garbage, and Refuse F) Office Supplies and Equipment G) Manager H) Personnel I) Disposal of Toxic Materials J) Advertising Signs K) Removal and Demolition L) Taxes 5 5 5 5 6 6 6 6 6 6 7 7 7 7 7 7 7 8 8 8 8 8 9 9 9 9 9 9 10 10 10 10 11 11 12 12 12 12 12 13 13 21 Page 120318 HCBOC Page 111 M) N) 0) P) Rules and Regulations Fire Extinguishers Report of Dangerous Conditions Fuel Farm Maintenance ARTICLE VI-OPERATION OF GENERAL AVIATION TERMINAL A) Responsibilities of Operator B) Owner Responsibilities ARTICLE VII -NON-DISCRIMINATION PROVISIONS A) Disadvantage Business Enterprises ARTICLE VIII -REPORTS AND AUDIT A) Accounting and Business Records B) Reports ARTICLE IX-INDEMNIFICATION AND INSURANCE A) Indemnification B) Insurance ARTICLE X -ASSIGNMENT AND SUBLEASING ARTICLE XI -INSPECTION AND RIGHT TO ENTER AND MAKE REPAIRS ARTICLE XII -SPONSOR'S ASSURANCES ARTICLE XIII -REQUIREMENTS OF FEDERAL AND STATE GOVERNMENT ARTICLE XIV -QUIET ENJOYMENT ARTICLE XV-TERMINATION A) By Owner B) By Operator C) Termination for Convenience D) Removal of Property ARTICLE XVI -ASSIGNMENT TO LENDING INSTITUTIONS ARTICLE XVII -RIGHT OF FLIGHT ARTICLE XVIII -SUCCESSORS ARTICLE XIX -DEVELOPMENT OF THE AIRPORT ARTICLE XX -NOTICES ARTICLE XXI -MISCELLANEOUS PROVISONS A) Entire Agreement 13 13 13 13 13 13 14 14 14 15 15 15 16 16 16 17 17 18 18 19 19 19 20 20 20 20 21 21 21 22 22 22 3 I P age 120318 HCBOC Page 112 B) Severability 23 C) No Waiver 23 D) Headings 23 E) Governing Law 23 F) Relationship of Parties 23 G) Right to Amend 23 H) Prior Agreements 23 I) Use of County Name Prohibited 24 J) Weather Reporting Equipment 24 K) Non-Directional Beacon 24 L) E-Verify Compliance 24 41 Page 120318 HCBOC Page 113 LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease"), made this l5 1 day of July • 2018, by and between the COUNTY OF HARNETI, a body politic and political subdivision of the State of North Carolina (hereinafter referred to as the "Owner"), and WARREN INVESTMENT COMPANY OF NC, INC., a North Carolina corporation(hereinafter referred to as "Operator"). WITNESSETH WHEREAS, Owner now owns, sponsors, and operates an airport known as the Harnett Regional Jetport (hereinafter referred to as the "Airport"), and has the authority to grant rights and privileges with respect thereto; and WHEREAS, Operator is engaged in the business of providing various airport aeronautical services, including fixed based operation services, essential to the proper accommodation of general civil and commercial aircraft; and WHEREAS, Operator desires to provide fixed based operation services at the Harnett Regional Jetport located at N35° 22.82' W78° 43.93" in the eastern part of Harnett County North Carolina, with the address of 615 Airport Road, Erwin, North Carolina 28339 and Operator desires to rent and obtain certain facilities, rights, and privileges on the Airport. NOW, THEREFORE, in consideration of the rental fees herein specified and the mutual covenants and agreements contained herein, Owner and Operator do hereby mutually agree as follows: ARTICLE I LEASED PREMISES Owner hereby lease and lets unto Operator and Operator hereby lease s and accepts from the Owner, the premises and facilities identified below (hereinafter referred to as the "Leased Premises"). A) General Aviation Terminal The non-exclusive use of the General Aviation Terminal ("GAT"), which consist of approximately 3,600 square feet of space under roof, with the exception of the exclusive use of office space occupied by Operator for operational purposes . All other areas of the GAT are reserved for public use. B) Fuel Facilities The exclusive use of above ground fuel storage capacity comprised of two fuel tanks, one 12,000 gallon Jet A and one 10,000 gallon AV Gas, the area immediately around and all space located between said tanks and an area consisting of approximately 133 square feet under roof, which is adjacent to and/or contiguous with the fuel storage tanks and dispensing equipment, including AV Gas fuel truck. Sj P age 120318 HCBOC Page 114 C) Aircraft Parking Facilities The non-exclusive use of ramp and apron area adjacent to or in the immediate vicinity of hangars and the GAT. The maximum pavement load authorized is as follows: Single Gear Dual Gear 45,000 lbs. 60,000 lbs. Dual Tandem Gear Prohibited D) Automobile Parking Facilities The non-exclusive use of automobile parking facilities consisting of approximately 20 spaces in the Hangar parking lot and 32 spaces in the GAT parking area . E) Improvements and Additions Operator shall have the right, at its sole expense, to improve, modify and make additions to the facilities leased to Operator; provided, however, that prior to any construction, improvements or additions to facilities, including outdoor storage or materials, Operator must first obtain Owner's written approval of all plans and specifications for any and all construction, improvements, or additions, which approval will not be unreasonably withheld. Factors the Owner shall consider relevant to obtaining its approval include, but are not limited to, aesthetic interior or exterior appearance, safety of the Airport, compl iance with federal, state, and local laws and regulations, and the extent of actual or potential interference with other tenants' activities. All construction and improvements undertaken by Operator shall be completed in a workmanlike manner, without damage to existing facilities, and must be in full compliance with all applicable regulatory agency requirements and building codes. F) Protection of Utility Lines and Equipment All work undertaken pursuant to Paragraph E above shall be subject to the condition that Operator make, at its sole expense, suitable arrangements for relocation of any affected governmental or Airport utility lines, cables, or other equipment. Further, Operator shall not pave roads or ramps over utility lines, cables, or equipment without the prior written approval of Owner. G) Ownership of Improvements Ownership of all improvements, additions, equipment, and facilities whether existing, installed, or erected upon the Leased Premises shall vest in Owner at the expiration or other termination of this Lease; provided that Operator may retain and remove all of its trade fixtures and equipment, removal of which will not and does not damage fixed facilities. ARTICLE II RIGHTS AND PRIVILEGES Operator shall have the following rights and privileges in connection with its use of the Leased Premises: 6I Pa g e 120318 HCBOC Page 115 A) Use of the Airport in General The non-exclusive right and license to use the Airport, and to permit its employees, passengers, patrons, suppliers, furnishers of services, and invitees to use the Airport, in common with others, in accordance with the non-discriminatory rules and regulations heretofore or hereafter adopted for governing activities upon the Airport (including the payment of rates, fees, and charges established). B) Right of Ingress and Egress The right and privilege of ingress and egress to and from the Leased Premises by the Operator, its employees, passengers, guests, and furnishers of services, subject to all rules and regulations promulgated by Owner or any state or federal agency having regulatory authority over airport operations or activities. C) Loading and Unloading of Aircraft The right to load and unload aircraft engaged in any lawful activity incidental to the conduct of any services or operations. D) Use of Owner-Owned Tanks and Pumps The right and privilege to use Owner-owned and installed tanks and pumps located within the Leased Premises for the purpose of storing, pumping, and refueling aircraft. E) Training The right to train on the Airport, personnel employed by Operator, and any person in a contractual relationship with Operator, whether individual or student, in any art, science, craft, or skill pertaining directly or indirectly to aircraft or aircraft flight. F) Signs The right to install appropriate signs on the Leased Premises, provided such installation, operation, and design shall be in full compliance with all applicable regulatory agency requirements and building codes. Prior to the installation of any signs, Operator must obtain the written approval of the Owner, which approval shall not be unreasonably withheld. G) Privileges Specifically Excluded It is understood and agreed that nothing in this Lease shall be deemed to permit Operator to commercially engage in any of the following activities on the Leased Premises: (1) Storage and/or maintenance of any auto, truck, trailer, camper, boat, snowmobile, recreation vehicle, or other non -aviation vehicle or equipment. (2) Any other business or other phase of commercial aviation except that for which approval is specifically granted herein; 7J Page 120318 HCBOC Page 116 H) Non-Exclusivity (1) Operator understands and agrees that no right or privilege granted hereunder shall cause or prevent any person, firm, or corporation from operating aircraft on the Airport or from performing any service on his/her or its own aircraft with his/her or its own regular employees, including but not limited to maintenance and repairs that he/she or it may choose to perform. (2) Operator further understands and agrees that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right or privilege by Section 308 of the Federal Aviation Act of 1958, as amended. ARTICLE Ill TERM OF LEASE AGREEMENT The term of this Lease and the Services to be provided pursuant hereto shall commence on ,lli_[y 1. 2018 and continue through June 30, 2023 (hereinafter referred to as the ((Initial Term"), unless sooner terminated or extended in accordance with the provisions of this Lease. A) Extension of Lease Term Subject to written approval by the Owner, Operator may extend the term of this Lease for five additional one-year terms, under the same terms and conditions hereof. Upon exercise of these options to renew, the parties agree that the consideration shall be negotiated by the parties in good faith prior to the date of renewal. If the parties are unable to agree upon a renewal rate, then this Agreement shall terminate at the expiration of the then-current term. B) Consideration Owner does hereby agree to pay Operator One Hundred Thirty-Eight Thousand Five Hundred and no/100 dollars ($138,500.00) per year during the Initial Term of this Lease, divided equally into 12 monthly payments beginning July 1, 2018 . Payments shall be paid on or before the 15th day of each month. Beginning July ist, 2019, the price will increase by 2% each year during the Initial Term of this Agreement so long as Operator has provided all reports required under Article VIII, Section B. C) Non-Appropriation Operator acknowledges that Owner 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 Owner's obligations under this Lease, then this Lease shall automatically expire without penalty to Owner 30 days after written notice to Operator of the non-appropriation of public funds. 81 Page 120318 HCBOC Page 117 ARTICLE IV SERVICES REQUIRED TO BE PROVIDED BY OPERATOR A) Mandatory Minimum Level of Services During the Initial Term of this Lease and any extension thereafter, Operator shall be required to meet the requirements of and provide the services specified herein as now adopted or as amended from time to time. The categories specifically required under this Lease are : 1) Aircraft Hanga r Operations and Fuel/Oil Dispensing Services 2) Aircraft Rental B) Removal of Disabled Aircraft Operator shall provide sufficient equipment and properly trained personnel to remove disabled general aviation aircraft from the Airport. Such removal shall be performed in an expeditious manner and shall be commenced immediately upon release by the Federal Aviation Administration ("FAA"), if such requires a FAA investigation, and if no such investigation is required, as soon as is reasonable under the circumstances . Such removal shall be diligently pursued and shall be completed within a reasonable time. C) Prices It is mutually agreed that all prices charged for supplies and services of any kind or nature shall be adequate to permit a reasonable profit to Operator, but no price or charge shall be exorbitant, exce ssive, or unjustly discriminato ry. D) Operating of UNICOM System Operator agrees that it will be properly maintain Universal Communications ("UNICOM") services at the Airport. Other duties shall include Operator's oversite of the repair and maintenance of the landing fi e ld , runways, aprons, taxiways, sewage and water facilities, flood lights, landing lights, beacon, signals and conveniences for flying, landings and takeoffs, including general supervision over any person engaged in maintenance and repair activities . These expenses, when authorized by Owner, shall be at Owner's expense. Operator shall oversee the Airport's North Carolina Department of Environment and Natural Resources ("NCDENR") Stormwater Permit and Stormwater Pollution Prevention Plan including semi - annual discharge observations. Operator also agrees to report unauthorized aeronautical activities and other prohibited activities as stated in the Airport Rules and Regulations, as amended, at the Airport. Operator shall report any such activities to the Airport Administrator. 9I Page 120318 HCBOC Page 118 ARTICLE V OBLIGATIONS OF OPERATOR A) Fuel Purchases and Sales Operator agrees and acknowledges it shall be responsible for and will make timely payment of all costs and expenses arising out of its purchase and sale of petroleum products. B) Utilities Owner shall be responsible for the payment of utilities on the Leased Premises . Operator shall have the right to use the utility service facilities located on the Leased Premises at the commencement of and throughout the term of this Lease. Owner shall be responsible for any upgrades or extensions of utilities required by federal, state, or local laws or regulations. Should Operator require any additional utility services not required by law or regulations, Operator shall, at its own expense, extend such utilities to the Leased Premises . C) Maintenance and Repairs Operator agrees and covenants that it shall be responsible, at its sole cost and expense, for minor repairs and maintenance of towing and aviation equipment, and shall maintain the Leased Premises and equipment in substantially as good order and condition as they existed on the date of the execution of this Lease, throughout the Initial Term of this Lease, and any extension thereof, normal wear and tear excepted . Operator agrees, except as otherwise provided herein, that it shall, during the Initial term erm of or any extension of this Lease, maintain and keep the Leased Premises in a safe, workable, clean and sanitary condition, and free from obstructions. For the purpose of this Lease, minor repairs and maintenance shall be defined as any action necessary to be conducted by the Operator and/or subcontractor hired by Operator to maintain or repair equipment less than or equal to $500.00 per single event. Maintenance and repair costs over the allocated amount shall be considered Owner's obligations unless said repairs are a result of the intentional or negligent acts of Operator, its officers, agents, employees, guests, or invitees. 1) Land . Operator shall keep aircraft operating areas free and clear of all Foreign Objects and Debris ("FOD"), which might result in damage to aircraft engines. Operator agrees to assist Owner by policing the Leased Premises on a periodic basis to maintain areas free of FOO and to inform Owner if roots, holes, or depressions are observed as ha zards to aircraft. Operator agrees to maintain all landscaping and ground maintenance within the Leased Premises except where specifically noted elsewhere in this Lease . Operator shall be responsible for the costs of supplying equipment that is necessary to maintain the landscaping and grounds within the Leased Premises including, but not limited to, lawn mowers, leaf blowers, trimmers, rakes, and shovels . 10 I Page 120318 HCBOC Page 119 2) Buildings. Owner agrees to maintain and make any repairs to all buildings and Owner installed fixtures located therein and appurtenant thereto, including without limitation windows, doors and entrances, signs, floor coverings, interior walls and ceilings, the surface of interior columns exclusive of structural deficiencies, columns, partitions, lighting, and other utility systems within the Leased Premises. Operator shall keep and maintain in good and safe condition all Operator installed improvements, additions, fixtures, and signs. Nothing herein shall be interpreted as requiring Owner to repair or maintain any buildings or fixtures that are damaged or destroyed as a result of the intentional or negligent acts of Operator, its officers, agents, employees, contractors, guests, and invitees. Prior to making any repairs, other than to its own equipment and fixtures, Operator shall obtain the written approval of Owner, which approval shall not be unreasonably withheld. Owner may reject the Operator's arrangements regarding such repairs and may require the repairs be accomplished with Owner's own personnel, or with a contractor of mutual choice . Any minor repairs accomplished by Owner's own personnel shall be billed to Operator at the Owner's standard rates for such service. All work performed by Operator or its contractor must be inspected and approved by Owner or its representative. All repairs performed by Operator or on its behalf shall be done in a workmanlike manner. All repairs shall be made in conformity with the rules and regulations prescribed from time to time by Federal, State, or local authority having jurisdiction over the work on the Leased Premises and comply with State and local building codes. D) Alterations Operator shall make no alterations to the Leased Premises without prior written approval of the Owner, which approval shall not be unreasonably withheld . Any alterations to the Leased Premises shall be at the sole expense of Operator. All such alterations or improvements to the Leased Premises shall, at the expiration or termination of this Lease, become the property of Owner. E) Trash. Garbage. and Refuse Operator shall provide or cause to be provided adequate sanitary handling and disposal off Airport property for all trash, garbage, and other refuse caused from Operator's operations on the Leased Premises, excluding the once -a-week service provided by Owner. Operator shall provide and use, at its sole expense, suitable covered metal receptacles for all such garbage, trash, and other refuse. Piling of boxes, cartons, barrels, damaged aircraft, aircraft parts, or other similar items in an unsightly or unsafe manner on or about the Leased Premises shall not be permitted . Operator shall dispose of any lavatory waste from any aircraft or other source in full compliance with all existing public health rules and regulations . Operator shall drain and dispose of oil and dump fuel in a manner prescribed and approved by all federal and state environmental agencies . lll Pa ge 120318 HCBOC Page 120 F) Office Supplies and Equipment Operator, at its sole cost and expense, shall be responsible for the purchases of office supplies and equipment. Such supplies and equipment shall include, but are not limited to, filing cabinets, printers, ink cartridges, paper, pens, pencils, folders, binders, power cords, batteries, chargers, and aviation radios. G) Manager The management, maintenance, and operation of the Leased Premises shall at all times be under the supervision and direction of an active, qualified, competent, and experienced manager representing Operator. Such manager shall be available during normal business hours and Operator shall, at all times during the absence of such manager, assign or cause to be assigned a qualified subordinate to be in charge of the Leased Premises, services, and facilities and to be available to act for the Operator or its manager in his/her absence. H) Personnel Operator shall, in the operation and providing of the activities and services under this Lease, employ or permit the employment of only such personnel as will assure a high standard of service to the public. All such personnel, while on or about the Leased Premises, shall be clean, neat in appearance, and courteous at all times. No personnel employed by the Operator while on or about the Leased Premises shall be permitted to solicit business in an inappropriate or illegal manner. Operator shall maintain close supervision of attendants and employees to ensure the maintenance of a high standard of service to the public and shall remove from the Leased Premises any personnel who fail to provide such service. Upon written request of Owner, Operator shall immediately remove from the Leased Premises any personnel that Owner believes has violated the terms of this Section G. I) Disposal of Toxic Materials Operator shall store and dispose of all toxic or hazardous materials accumulated from any of its activities in compliance with all federal, state, and local laws, ordinances, rules, or regulations. J) Advertising Signs Operator may maintain on the outside of the Leased Premises its name or identification sign, the size, type, and design of which shall be subject to the prior written approval of Owner. Operator may also maintain and operate directional and advertising signs at other locations on the Airport, the size, location, and design of which shall require the prior written approval of the Owner. Any such advertising signs not so approved by Owner may be removed by Owner at the sole expense of the Operator. Owner shall not be responsible for any damage caused by the removal of unapproved signs. 12 I P 3 g e 120318 HCBOC Page 121 K) Removal and Demolition Operator shall not remove or demolish, in whqle or in part, any improvements upon the Leased Premises without the prior written consent of Owner who may, at its discretion, condition such consent upon the obligation of Operator to replace the same by an improvement specified in such consent. L) Taxes Operator agrees to pay all taxes, assessments, or other charges which, during the Initial Term or any extension thereof, may be levied by the state, Owner, city, or other tax levying body and which may become a lien on the Leased Premises or the improvements thereto which are attributable to property owned by Operator. M) Rules and Regulations Operator agrees to observe and obey all reasonable and necessary rules and regulations which may from time to time be promulgated and enforced by Owner and/or any other governmental department or agency having jurisdiction over the conduct and safe operations of the Airport. N) Fire Extinguishers Operator agrees and understands that it will, at its sole expense, repair fire extinguishers that may become damaged through abnormal or improper use, negligent acts, or accidents caused by employees, agents, contractors, invitees, or guests. Said fire extinguishers shall be of a kind and kept in locations directed by Owner and shall be of sufficient number and capacity to, in the opinion of Owner and the Local Fire Marshall having jurisdiction, adequately safeguard the Leased Premises against fire hazards. 0) Report of Dangerous Conditions It shall be the responsibility of Operator to report any hazardous or dangerous conditions upon any part of the Leased Premises to Owner immediately upon the discovery of such condition. P) Fuel Farm Maintenance Operator agrees that it will treat and/or maintain the area within the fenced portion of the fuel storage tanks with vegetation control chemical or keep the vegetation at an acceptable height {no more than six (6) inches). Owner is responsible for the cost of annual fuel farm inspection & maintenance. A) ARTICLE VI OPERATION OF GENERAL AVIATION TERMINAL Responsibilities of Operator 1) Operator shall staff and operate the GAT seven days per week, a minimum of 10 hours per day throughout the term of this Lease. Operator shall be under no 131P age 120318 HCBOC Page 122 B) obligation to staff or operate the GAT on Thanksgiving Day and Christmas Day. Operator shall be responsible for all costs associated with its staffing, equipping, and operation of the GAT. 2) Owner shall provide janitorial services within the GAT and provide such services at its sole expense . Owner shall have the right to inspect the GAT for general condition, maintenance, repair, and cleanliness. If unreasonable wear and tear occurs or excessive janitorial needs are observed, Owner shall have the right to enter said premises and make such repair or to clean any areas requiring upkeep at Operator's expense . Owner Responsibilities 1) Owner shall be responsible for the maintenance and paving of the parking area used in connection with the GAT, maintenance of the roof and exterior walls, and replacements of windows damaged by causes other than Operator's personnel or aircraft controlled by Operator. Additionally, Owner shall provide furnishings for the "Public Use Area" within the GAT coordinated with the overall decor of the GAT. 2) Owner reserves the right to establish and revise rules governing GAT operation and facility usage if the public areas are affected by activities conducted within the GAT by private or other public entities. ARTICLE VII NON-DISCRIMINATION PROVISIONS Operator shall not discriminate against any employee or applicant for employment or otherwise illegally deny any person participation in or the benefit of the activities, which are the subject of this Lease, because of race, creed, color, sex, age, disability, or national origin . To the extent applicable, Operator will comply with all provisions of Executive Order No. 11246, the Civil Rights Acts of 1965 (P.L. 88 -352) and 1968 (P .L. 90-284), and all applicable federal, state, and local laws, ordinances, rules, regulations, orders, instructions, designations, and other directives promulgated to prohibit discrimination. Operator agrees to submit all required EEO reports, including but not limited to EE0-4 form . A) Disadvantaged Business Enterprises It is the policy of the Department of Transportation that disadvantaged business enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of leases as defined in 49 CFR Part 23.5. Consequently, this Lease is subject to 40 CFR Part 23 as applicable . Operator covenants that no person shall be excluded from participation in , denied the benefit of or otherwise discriminated against in connection with the award and performance of any contract, including leases, covered by 49 CFR Part 23 on the grounds of race, color, national origin, or sex. Operator agrees to include this entire Section A in all subleases. Operator agrees that it will comply with pertinent statues, Executive Orders, and such rules as are promulgated to assure that no person shall, 14 I P age 120318 HCBOC Page 123 on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from Federal assistance. Operator or its transferee shall be obligated under this provision for the period during which Federal assistance is extended to the airport program, except where Federal assistance is to provide, or is in the form of, personal property, real property, or any interest therein, or of structures or improvements thereon. In these cases, the provision obligates the party or any transferee for the longer of the following periods: (a) The transferee for a purpose for which Federal assistance is extended, or for another purpose involving the provision or similar services or benefits; or (b) the period during which the airport sponsors or any transferee retains ownership or possession of the property. In the case of contractors, this provision binds the contractors from the bid solicitation period through the completion of the contract. The Operator, for itself, its personal representatives, successors in interest, and assigns and as a material part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operate on the Leased Premises for the purpose for which a Department of Transportation program or activity is extended or another purpose involving the provisions of similar services or benefits, the Operator shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 45 CFR Part 21, Non-discrimination in Federally Assisted Programs of the Department of Transportation and as said Regulations may be amended. The Operator, its personal representative, successors in interest, and assigns and as a material part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefit of, or be otherwise subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefit of, or otherwise be subjected to discrimination; (3) that the Operator shall use the Leased Premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Program s of the Department of Transportation, and as said Regulations may be amended. ARTICLE VIII REPORTS AND AUDIT A) Accounting and Business Records Operator shall maintain current financial, accounting, and other business records in connection with its operations under this Lease. Such records shall be available to Owner for its inspection and examination during regular business office hours and upon reasonable notice to Operator. B) Reports Operator shall provide to Owner the following reports : 1) On or before the 20th day after the beginning of each calendar month, a statement of all gross sales by Operator as herein defined, including specific 15 I Pag e 120318 HCBOC Page 124 A) breakdowns of all gross sales and purchases of aviation fuels made by Operator for use or resale at the Airport during the preceding month. 2) Quarterly report giving the number of transient aircraft during the previous quarter. 3) All reasonable reports as may be required from time to time under general law or by agency or regulation of the state or federal government or by the Owner. Indemnification ARTICLE IX INDEMNIFICATION AND INSURANCE Operator agrees fully to indemnify, save, and hold harmless and defend Owner and the members of its Board of Commissioners, officers, agents, and employees from and against all claims, suits, and actions, and all expenses incidental to the investigation and defense thereof, based upon or arising out of damages or injuries to third persons or their property, caused by fault or negligence of Operator, its officer, agents, employees, or invitees, in connection with or incident to Operator's operations upon the Airport; provided, however, that Operator shall not be liable under this section for any injury or damage or loss occasioned by the negligence of the Owner, members of its Board of Commissioners, officers, agents, or employees; and provided further, that Owner shall give operator prompt and reasonable notice of any such claim, suits, or actions against Owner and Operator shall have the right to investigate and defend the same . B) Insurance Operator, at its sole expense, shall maintain the following insurance policies: (1) A Fixed Base Airport Liability Insurance policy in amounts of at least $1,000,000.00 bodily injury and $1,000,000.00 property damage. (2) Commercial General Liability in amounts of at least $2,000,000.00 per occurrence and $3,000,000.00 Aggregate . (3) Commercial Automobile Liability in amounts of at least $1,000,000.00 per occurrence for bodily injury and property damage for any vehicle used during the performance of this Lease, including coverage for owned, hired, and non -owned vehicles. Evidence of commercial automobile coverage is only necessary if vehicles are used in the provision of services under this Lease . (4) Workers' Compensation coverage for all paid and volunteer workers meeting the statutory requirements of the North Carolina Worker's Compensation Act, North Carolina General Statutes § 97. Operator shall furnish to Owner a proper Certification of Insurance certifying that such insurance is in force during the entire period of this Lease, will furnish certification of changes in such 16 I P age 120318 HCBOC Page 125 insurance not less than 10 days prior to any such change, and will provide certification that no cancellation thereof shall be effective until after not less than 15 days written notice of such cancellation has been given to Owner. All insurance policies shall be maintained with an insurance carrier satisfactory to Owner and which is authorized to conduct business in North Carolina. Owner, the members of its Board of Commissioners, officers, agents, and employees shall be included thereon as additional named insurers, as their interest may result from this Lease . In the event Operator shall at the time fail to furnish Owner with the certificate or certificates hereinabove required, Owner, upon written notice to Operator of its intention to do so, shall have the right to secure the required insurance, charge the cost and expense thereof to Operator, and Operator agrees to reimburse Owner promptly for the cost plus 10 percent thereof for expenses of administration . ARTICLE X ASSIGNMENT AND SUBLEASING Neither the whole nor any part of this Lease and the rights and privileges herein granted, may be assigned, transferred, or sublet by Operator, either by process or operation of law, or in any other manner whatsoever, without the prior written consent of Owner, which consent shall not be unreasonably withheld. Owner's prior approval sha ll be required when ownership or control of more than SO percent of the right to control Operator is acquired by a person, group of persons acting in concert, or corporation, none of whom or the shareholders of which already own or control 10 percent of Operator singularly or collectively, as of on the date this Lease is executed by Operator. Nothing in this Article shall impair the right of Operator's shareholders of record on the date of execution of this Lease to at any time buy, and trade and/or sell stock in Operator among them selves without Owner approval. ARTICLE XI INSPECTION AND RIGHT TO ENTER AND MAKE REPAIRS Owner and its authorized officers, employees, agents, contractors, subcontractors, and other representatives shall have the right to enter upon any and all of the Leased Premises for the following purposes: 1) To inspect such premises at reasonable interva ls during regular business hours (or at any time in case of emergency) to determine whether Operator has complied and is complying with requirements of this Lease with respect to such premises; 2) To perform maintenance and make repairs and replacements in any case where Operator is obligated to do so and has failed to do so after 30 days written notice. In such event Operator shall reimburse Owner the reasonable cost thereof upon demand; 171 Pa ge 120318 HCBOC Page 126 4) To perform maintenance and make repairs and replacements where Owner is obligated to do so; and in any other case where Owner reasonably determines that it is necessary or desirable to do so in order to preserve the structural safety and integrity of such premises or the building in which they are located, or to correct any condition likely to cause injury or damage to persons or property; S) To further develop, upgrade, or modify the Leased Premises as Owner sees fit, or where such development, upgrade, or modification is required by any federal or state agency having regulatory authority over airport operations or activities. In the event Owner enters in the exercise of its police power, no such entry by or on behalf of Owner upon the Leased Premises shall cause or constitute a termination of this Lease or be deemed to constitute an interference with the possession thereof by Operator. ARTICLE XII SPONSOR'S ASSURANCES This Lease shall be subject and subordinate to the provisions of any existing or future agreements between Owner and the United States government relative to the operation or maintenance of the Airport, the execution of which has been or will be required as a condition precedent to the granting of federal funds for the development of the Airport and to the extent the provisions of any such existing or future agreements are generally required by the United States at other civil general aviation airports receiving federal funds and, provided, Owner shall give to Operator written notice in advance of the execution of such agreement, of any provisions which will modify the terms of this Lease. ARTICLE XIII REQUIREMENTS OF FEDERAL AND STATE GOVERNMENT This Lease shall be subject and subordinate to the provision of any existing or future agreement between Owner and the Federal and/or State Governments, or any agency thereof, relative to the operation or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development or operation of the Airport; provided, however, that Operator shall, to the extent permitted by law, use its best efforts to cause any such agreements to include provisions protecting and preserving the rights of Operator in and to the Leased Premises, and to compensation for the taking thereof, interference therewith and damage thereto, caused by such agreement or actions of Owner or the United States pursuant thereto. Operator shall maintain a copy of and comply with the "Airport Certification Manual" and the "Airport Security Program" as these documents exist and are amended pursuant to changes in regulations. Operator shall be liable to the Owner for any such violations and or fines imposed upon the Airport for failure of Operator to adhere to said documents or any other federal or state regulations. 18 I Page 120318 HCBOC Page 127 ARTICLE XIV QUIET ENJOYMENT It is understood and agreed that Operator, while observing the covenants herein, shall lawfully, peacefully, and quietly hold, occupy, and enjoy the Leased Premises during the Initial Term of this Lease or any extension thereof and Operator agrees that it will, at the end of the term of this Lease, or the sooner termination thereof as herein provided, peacefully surrender possession and deliver said premises to the Owner in as good condition as when received, normal wear and tear excepted. A) By Owner ARTICLE XV TERMINATION Owner may terminate this Lease by giving Operator 30 days prior written notice, to be served personally or by registered or certified mail upon any officer, director, manager, or agent of Operator at Operator's office address or at Operator's facilities at the Airport, upon or following the happening of any one or more of the following events : 1) The filing by Operator of a Chapter 7 voluntary petition of bankruptcy; 2) The involuntary adjudication of Operator in a Chapter 7 bankruptcy proceeding; 3) The failure of the Operator as a debtor in possession under Chapter 11 bankruptcy proceeding to continue its operations during the period permitted to formulate or present a plan of reorganization acceptable to the Bankruptcy Court within the legally prescribed time; 4) The sale of sufficient assets so as to render Operator incapable of continuing its operations. S) The conversion of a Chapter 11 bankruptcy proceeding to Chapter 7 bankruptcy proceeding; 6) The appointment of a receiver of Operator's assets and the failure of Operator to have such appointment stayed or vacated within 30 days of said appointment; 7) The abandonment by Operator of its business at the Airport; 8) The default by Operator in the performance of any covenant or agreement herein required to be performed by Operator and the failure of Operator to remedy the same within 30 days after r~ceipt of written notice from Owner. 9) Deterioration of or discontinuation of services for a period of time which materially and adversely affects the provision of services required to be performed by Operator under this Lease . Provided, Operator shall be permitted 30 days after receipt of written notice from Owner within which to restore services satisfactory to Owner. 19 I Pa ge 120318 HCBOC Page 128 B) By Operator Operator may terminate this Lease by giving Owner 30 days prio r written notice, to be served personally or by registered or certified mail, to the Manager of Owner or delegate at their respective offices, upon or after the happening of any one or more of the following events: 1) Issuance by any court of competent jurisdiction of an injunction in any substantial way preventing or restraining the use of the Airport or any part thereof, for airport purposes, and the remaining in force for a period of at least 30 days; 2) The inability of Operator to use the Airport or any of the premises, facilities, rights, licenses, services or privileges under this Lease for a period in excess of 30 days because of any law, order, rule, regulation or other action or non-action of the FAA, any other governmental authority, or because of fire, earthquake, other casualty, an act of God , or the act of a public enemy; 3) The default by Owner in the performance of any covenant or agreement herein required to be performed by Owner and the failure of Owner to remedy such default for a period of 30 days after receipt of a written notice from Operator to remedy the same; 4) The assumption by the United States government or any authorized agency thereof of the operation, control, or use of the Airport and facilities, or any substantial parts thereof, in such a manner as to substantially restrict Operator's use and operations for a period of at least 30 days. C) Termination for Convenience This Lease may be terminated, without cause, by either party upon 90 days written notice to the other party. D) Removal of Property Upon termination of this Lease for any reason , Operator, at its sole expense, shall remove from the Leased Premises all signs, trade fixtures, furnishings, personal property, equipment, and materials that Operator was permitted to install or maintain under the rights granted herein . If Operator shall fail to do so within 30 days, Owner may effect such removal at Operator's expense, and Operator agrees to pay Owner such expenses promptly upon receipt of a proper invoice thereof. ARTICLE XVI ASSIGNMENT TO LEND ING INSTITUTIONS In the event that Owner shall notify Operator of any default as herein provided, Owner shall simultaneously serve one copy of such notice by certified mail upon any lender assignee of Operator, provided such assignee shall have registered its name and address in writing with Owner. Upon receipt of notice of Operator's default, a lender assignee may, in order to protects its interests, pay or perform the obligations of Operator under this Lease said assignee may deem appropriate; provided, however, that said assignee's actions in curing a default shall not, without its 20 I Page 120318 HCBOC Page 129 written consent, substitute said assignee as the Operator under this Lease and shall not make said assignee liable for performance of any of the Operator's obligations under this Lease. Upon notice of default and Operator's failure to cure said default within 30 days, a lender assignee may consent in writing to assume all of the Operator's rights and obligations under this Lease; provided that the right to assume this Lease is contingent upon said assignee's cure of any defaults within 10 days of the expiration of the 30 day period afforded Operator to cure the defaults. A lender assignee may assign this Lease with the Owner's prior written approval. Operator understands and agrees that in no event will Owner permit or consent to the encumbering, through deed of trust, mortgage, or otherwise, of the Operator's leasehold interest or the Owner fee interest in the Leased Premises to Operator pursuant to this Lease. ARTICLE XVII RIGHT OF FLIGHT Operator understands and agrees that Owner reserves the right of flight for the passage of aircraft above the surface of the Leased Premises in accordance with FAA criteria, and such right of flight shall include the right to cause in such air space such noises as may be inherent to the operation of the aircraft now known or hereafter used for navigation of or flight in the air. Owner reserves the right to use said air space for landing at, taking off from, or operating aircraft on or over said Airport. ARTICLE XVIII SUCCESSORS This Lease shall bind and inure to the benefit of any successor of Owner and any successor, personal representative, assignee or sub operator of Operator. ARTICLE XIX DEVELOPMENT OF THE AIRPORT Owner reserves the right from time to time to increase the size or capacity of any public aircraft facilities or common use portions of the Airport, make alterations thereto, reconstruct or relocate them, modify the design or type of construction thereof, or close them or any portion of them either temporarily or permanently; provided, notice is given and no additional rental charges are made to the Operator. Owner reserves the right to renovate, reconstruct, and make alterations or improvements to any of the Leased Premises. Operator hereby consents to permit such renovations, reconstruction, alterations, or improvements to be made to the Leased Premises. Should such renovations, reconstruction, alterations or improvements require Operator to temporarily relocate, Operator hereby consents and agrees to such relocation. 21 I Page 120318 HCBOC Page 130 However, prior to the performing such work upon the leased Premises, Owner shall provide reasonable notice to Operator and, in the event temporary relocation is required, Owner shall be obligated to provide Operator adequate alternate space to carry on its operations. No such entry by or on behalf of Owner upon the Leased Premises and no such temporary relocation shall cause or constitute a termination or breach of this Lease unless relocation results in a reduction in gross sales in the amount of 20 percent or more for 60 consecutive days as compared to the same period of the previous year. If such occurs, the relocation will constitute grounds for the Operator to terminate this Lease without penalty or renegotiate payment with Owner for the duration of the relocation period. For the purpose of this Lease, temporary shall mean a period of less than 90 days. ARTICLE XX NOTICES Notices required or provided for under this Lease shall be sufficient if sent by certified mail, return receipt requested or personal delivery to such addresses as the parties may designate from time to time in writing. Notice shall be deemed to be given and received three days after being sent certified mail or upon hand delivery to the address below. At the time of the execution of this Lease, the addresses of parties are as follows: Owner: Attn: Operator: Attn: A) Harnett County Jetport Barry A. Blevins, Jetport Administrator Post Office Box 940 (mail) 200 Alexander Drive (physical) Lillington, North Carolina 27546 With Copy To: Monica L. Jackson, Senior Staff Attorney Post Office Box 238 (mail) 420 McKinney Parkway (physical) Lillington, North Carolina 27546 Warren Investment Company of NC, Inc. Gary Peacock, Vice President of New Business Development Post Office Box 1927 Dunn, North Carolina 28335 Entire Agreement. ARTICLE :XXI MISCELLANEOUS PROVISIONS This lease constitutes the entire understanding between the parties. Any change or modification of this Lease must be in writing and executed by both parties. ,~---·--·· ···-·--·· ·--................... -.......... ·• -• ·····-·····,..·-·-····· ·····---·····-»-............................... , . ..,_ ...................... ,.,-.-........ ··-··-~---- 22 IP age 120318 HCBOC Page 131 B) Severability In the event any provisions hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the rema ining provisions shall continue in full force and effect as nearly as possible in accordance with the original intent of the parties. C} No Waiver Failure of either party to insist upon strict performance of any covenant or condition of this Lease In any one or more instances shall not be construed as a waiver for the future performance of any such covenant or condition, but the same shall be and remain in full force and effect. D) Headings. The headings used in this Lease are intended for convenience or reference only and do not define, expand, or limit the scope or meaning of any provision of this Lease . E) Governing Law. This Lease Is to be construed in accordance with the laws of the State of North Carolina. The parties agree that, to the extent permitted by law, any action arising from this Lease shall be filed and heard in the Superior Court of Harnett County, North Carolina, or in the federal courts in the district where the Airport is located. F} Relationship of Parties. Nothing contained herein shall be deemed or construed by the parties hereto, or by any third party, as creating the relationship of principal and agent, partners, joint venture, or any other similar relationship between the parties hereto. The parties understand and agree that Operator acts as an independent contractor and that no provision or action required by either party creates a relationship other than the relationship of Owner and Operator. G) Right to Amend. In the event the FAA or its successors require modifications or changes in this Lease as a condition precedent to the granting of funds for the improvement of the Airport, or otherwise, Operator agrees to consent to such amendments, modifications, revisions, supplements, or deletions of any of the terms, conditions, or requirements of this Lease as may be reasonably required; provided, however, if such modifications or changes substantially change or adversely affect the financial condition of Operator hereunder, Operator shall have the option upon 30 days written notice to Owner to terminate this Lease. H) Prior Agreements. This Lease supersedes all prior agreements between the parties respecting the subject matter of this Lease, both written and unwritten, and constitutes the entire Lease between the parties as of the date hereof. Any provisions of prior leases or agreements which conflict in any manner with the provisions of this Lease ar e hereby specifically declared void and of no effect. 23 IP age 120318 HCBOC Page 132 I} Use of County Name Prohibited. Prior written approval from the Harnett County Jetport Administrator must be obtained before use of the name or other identifying characteristic of Owner or its employees in any advertisements or promotions. No reasonable request shall be denied. J) Weather Reporting Equipment: Pursuant to Paragraph 19 of the FAA Grant Assurances between the North Carolina Department of Transportation and the Owner, Owner entrusts the Operator with the control, custody, care, use, and operation of weather reporting equipment on loan to Owner. The terms and conditions in said Grant Assurances are incorporated herein by reference and are binding upon Operator, its agents, and employees. K) Non-Directional Beacon: Pursuant to the lease agreement with Stacy Andre Williams and wife, Judy Norris Williams, on that .96 acre tract of land located in Grove Township with the PIN: 0691-62-8403.000, upon which has been constructed a non-directional beacon transmitter and antenna array to serve as a navigational aid to Harnett Regional Jetport, and pursuant to any maintenance agreement providing for service thereof by a property licensed technician, Owner delegates to Operator the control, custody, care, use, and operation of the herein described equipment and land as a function of the Airport and Airport facilities. Owner shall maintain and repair the beacon as necessary. L) E-Verify Compliance Operator understands that E-Verify is the federal program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with §64-25(5) of the North Carolina General Statutes. Provided that the Operator is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State, then Operator understands and certifies that they shall verify the work authorization of the employee through E-Verify in accordance with §64-26(a) of the North Carolina General Statutes. Operator further certifies that their subcontractors comply with E-Verify pursuant to federal law, and Operator will ensure compliance with E-Verify by any subcontractors subsequently hired by Operator. {REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK] 24 IP age 120318 HCBOC Page 133 IN WITNESS WHEREOF, the parties hereto have caused their corporate sea ls to be hereunto affixed and this instrument to be signed by their duly authorized officers this day and year first written above. (SEAL) ATTEST: Margaret Regina Wheeler, Clerk to the Board (SEAL) ATTEST: rn~~p~ COUNTY OF HARNETT Gordon Springle, Cha irman Harnett~ Board of Commissioners 7 WARREN INVESTMENT COMPANY OF NC, INC. LJ~L)~ W. I. Warren, President . has been pre-audited in th manner required by the Local Government Budget and t . 25 IP age 120318 HCBOC Page 134 STATE OF NORTH CAROLINA COUNT\' OF HARNETT I, a Notary Public of the County and State of aforesaid, do hereby certify that Gordon Springle, personally appeared before me this day and acknowledge that he is Chair of Hamett Owner Board of Commissioners, and that by authority duly giyen and as an act of the Hamett County Board of Commissioners, the foregoing instrument was signed by its Chair. Witness my hand and official stamp or seal, this ___ day of _____ _, 2018. Notary Public My commission expires:-------- STATEOF ~,~,. \::\l\,nu ff COUNTY I, fi \u1~~ a Notary Public of the County and State of aforesaid, do hereby certif'l. that __ \i.[£\Jwrin~. personally appeared before me this day and acknowledge that he is JJrc:,<deo + ___ of \NCU:CfV'.\ )...f\\lf:':1k.mvJ.-4 N ,C.., and Ahat ~Y authority duly given and as an act of the Company, the foregoing instrument was signed by its ~(~\ 00'\,;t' Witness my hand and official stamp or seal,~his ~\.\.-day of ~O~fmb.tc . 2018. . ~i}u 1, ~1l ~~l.- My commission expires: _J;;....· ,a.;;;\JJ...:c.+l .:...a ..;;...o =JJ __ _ N t P bl. r ,,,, .......... ,.,, 0 ary U IC ,,,,~ t.A 8~''•,, ,,, '"'· ,, , ...... /.,V -• . . .. . • ~Jl'o,.. ,,, ~.')....V •' • '~ ,, ! ~--· ",,Q, : SJ:-' OT A~ r '. o; §~:' ,--~~i : • • = \-j:.\ '°uauv/idJ -:..,.~ '. ,~' """°$ ,.-~... .. .. ~ ,,,,:,v~-c-·o·:,~ ....... ~ ,,,:,: r ,v ,, ...... , ,,,,,,,uuou' 26 IP age 120318 HCBOC Page 135 GEi CO COMMERCIAL: CERTI Fl CATE OF INSURANCE 120318 HCBOC Page 136 CERTIFICATE OF LIABILITY INSURANCE 11,'1:1'/20Hl 3"1 PM -----· --------------TtilS CEkllFIC,HE IS IS~V W AS,. 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T ··:.:, •:,t;Jf. -n,.,.; Ct~f 1_.'. ( E-k~·, E,:£ ,_.,~.,,.1~0 _-: 1.\•,· ·~f":l, I 'rC \•,~.ufu..tc.:t" .• ,ft· .... ~U:L• .JY 1 £ 'IJLo..H:S Ot=,S,_P1i.:~f.· 1...:.:.,:;1·. I~ .;.,.i""Ui-( l '(. 1,4. -.. C Tt:. ~M:. I l Vehicle S chedule· s*' attacnecl . _ ----------· V11hicl ll' Schll'd-•lc CE"Jl!:JC~lE_tiQ.Ol,J:l __ . IIAfi NClT COI.JtHY 615 AIRPORT ROAD f-Rl'IH, NC 2SJl~ ACORC M ,z,1w~., The AC-ORO "ltlme.1?1 d IOQO.a"C re, s1c r t-ll fflil.'11..'1 of A CORO t;: 15ll-~D1 5 .. CORO CORPORATIO'I. Al! rty11<, «H •,•J. 120318 HCBOC Page 137 A,1) • ,.,, ...... 1 .:.i •• · (•.: .. 1 •· T ... ;,.1 ""H.• \'lh ',I" <:,(,_ ... , , .. .&,, ••• , r.,1.u J U l,o'L,I ioo1 Ct-iE'VROl fT !'XPRE$S l (;llFa1!1,Hl 111093S tt/A U,A tUJ.t U•A ll>A "-ilt zoo~ t,;"'Ct-U.C O'IS t Gr.l\OH.-tr.u· 1H84 ll/A ,..,., N,1, N•J. N•il h ,A 1 ~9B CHE'.'ROLET SUBJRB.ON }:ll,~K16R4'//G10171 ~ NIA U1A t4 1A tM, WA t,,'A tu~z CHfW~OLfT SlJOVROAN 1GM!C1tZXiJ tzo2,~ WA PM• NIA NIA NIA l,,'/1 ACORD 21 (2~1 &-•~ii Th>! ~C 1:JRO t'li.1m .: ~ "'Id logo .lf'C" reg S.1Cll"d mu1'.s or ACOR D 120318 HCBOC Page 138 SlORAGE LOCA'rlON SCHE:.DULE ~~~-----___ -··¥-______ Add~~---------------LJ.."1\ll ot lr"l~urancc tor E-M h Slor.a.,;,o Lot ;,tto, ------ $ 0 Mlh J S $ 0 :lf:)UCTI!II E FOR l;AC-i C•JST~ER'S .... IJTO" f CEl!llH~ATEHC.OER -----·----------------·--··rCANCEL t ... Tlml ----·--·--------------_ ...... 1 Ii.ARNETT COLIN [Y !,~OL'-0 .. ,« ~ T>!E .\80-YE D!S<:RIBEO POL>;JE5 ii£ CM,~E'.LEO I BEFO~E TH: EX~IR.4l10~ DATE T>lEREOF NOnee \\ILL 9E r:,.;..,·te:~EO .~ 615 ;\I RP ORT ROAD .0.1:CUlt!lAf<L'!: .... ,., .. 'tttt f'OU C Y l'ttC'<l~IU I, ~ t;Rl'tiN NC: 28339 . 'L ..... """' ttLl'"Stll, 1'11,1: --------------· -·j ~ /.,..,.,11,-c,·1 ,;:;,-e'--,_-:::-_..--! . I ACORD 2~ (~~1 r,1n1 Tho ACORD '10m< .o.·,d logo <-·c n:~ >1crod m•'1<1 or ACORD 120318 HCBOC Page 139 NAX-99-1215 Policy Number: Named Insured : POLICY CHANGE NAF6019783 Warren Investment Company Page 1 of 2 Endorsement #: 16 Company : Endurance Risk Solutions Assurance Co. Effective Date : November 12 , 2018 Aviation Managers : ~ Date Issued : November 13 , 2018 Th is endorsement is part of your policy and takes effect on the effective date of your policy unless another effective date is shown above. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. The following item(s): D Insured Name D Insured Mail ing Address D Policy Number D Insured Legal Status/Business of Insu red D Effective/Expiration Da te D Premium Determination D Payment Plan D Self-Insured Re tention or Deductible D Additional Interested Parties D Classification/Class Codes D Limits/Exposure D Underlying Insurance D Covered Property/Location Description 0 Added /Deleted Endorsements or Exclusio ns D Rates/Scheduled Rating D Other In consideration of an additional premium of $885.00 and not withstanding anything in the policy to the contrary , this endorsement amends the policy as shown below: Item 3 (Type of Coverage) and Item 4 (Location of Aviation Premises) of the Policy Declarations: ITEM 4. Location of Aviation premises owned , rented to or occupied by the Named Insured: Harnett Regional Jetport Airport, Dunn , NC ITEM 3. Type of Coverage : 9 ,925 LIMITS OF LIABILITY General Aggregate Limit (O ther than Products-Completed Operations and Hangarkeepers') Products-Completed Operations Aggregate Limit Personal Injury & Advertising Injury Aggregate Limit Each Occurrence Limit Fire Damage Limit (Any One F ire) Medical Expense Limit (Any One Person) Each Occurrence Hangarkeepers' Each Loss Limit Hangarkeepers' Each Aircraft Limit Hangarkeepers' Deductible Each Occurrence (8,925)@ 0.885 NAX-99-1215 $4 ,000,000 $1 ,000,000 $1,000 ,000 $2 ,000 ,000 $100,000 $5 ,000 $25,000 $1 ,000 ,000 $1,000 ,000 As Endo rsed Endorsement# ..1.§_ -Page 1 of 2 120318 HCBOC Page 140 NAX-99-1215 Endorsement #J.§_ -Page 2 of 2 All other terms and condi t ions of the policy remain unchanged . THIS ENDORSE MENT CHA NGES THE POLICY, PLEASE READ IT CAREF ULLY . End of Endorseme nt -NAX-99-1215 NAX-99-1215 Endorsement # J.§_ -Page 2 of 2 120318 HCBOC Page 141 NAF2000 END15 (1215) Page 1 of 1 AMENDMENT OF LIMITS OF INSURANCE Policy Numbe r: NAF6019783 Endorsement #: 17 Named Insured : Warren Investment Company Company : Endurance Risk Solutions Assurance Co. Aviation Managers: ~ Effective Date: Date Issued : 11 /1 2/20 18 11/13/2018 Th is endorsement is part of your policy and takes effect on the effective date of your pol icy unless another effective date is shown above. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. In consideration of the premium paid and notwithstanding anything in the poli cy to the contrary , th is endorsement amends the policy as shown below: T his policy is amended as follows: SCHEDULE LIMITS OF INSURANCE General Aggregate Limit (Other than Products-Completed Operations and Hangarkeepers' Products-Completed Operation Aggregate Limit Personal Injury & Advertising Injury Aggregate Limit Each Occurrence Limit Fire Damage Limit (Any One Fire) Medical Expenses Lim it (Any One Person) Hangarkeepers' Each Loss Limit Hangarkeepers' Each Aircraft Limit Hangarkeepers' Deductible Each Occurrence LIMIT $4,000,000 $1 ,000,000 $1,000,000 As Endorsed As Endorsed As End orsed As Endorsed As Endorsed As Endorsed The limits of in surance shown in the Declarations are replaced by the limits designated in the Schedule . All other terms and conditions of the policy remain unchanged. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. End of Endorsement-NAF2000 END15 (1215) NAF2000 END15 (1 215) Endorsement #J]_ -Page 1 of 1 120318 HCBOC Page 142 POLICY NO.: NAF6019783 ATTACHED TO CERTIFICATE# -.f CERTIFICATE OF INSURANCE THIS IS TO CERTIFY TO: County of Harnett and its Employees and the Harnett County Jetport Attn : Barry Blevins, Jetport Administrator P.O. Box 940 Lillington , NC 27546 THAT THE FOLLOWING POLICY OF INSURANCE HAS BEEN ISSUED TO : Warren In vestment Company o f North Carolina , In c. dba: Warren Aviation P.O . Box 1927 Dunn, NC 28334 POLICY NUMBER: NAF6019783 POLICY PERIOD : From October 1, 2018 To October 1, 2019 INSURANCE COMPANY: Endurance Risk Solutions Assurance Co. DESCRIPTION OF COVERAGES AND LIMITS OF LIABILITY: Please refer to attached schedule which is incorporated as a part hereof. As respects the above certificate holder: SECTION II -WHO IS AN INSURED is amended to include as an insured the person or organization , but only with respect to liability arising out of the Named lnsured's aviation operations. Subject to Date Change Recogn ition Endorsement. Data included in th is Certificate valid as of November 12, 2018. This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of insurance may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms, exclusions and conditions of such policies . Should the described policy be cancelled before the expiration date hereof, the issuing company will endeavor to give 30 days (10 days for non-payment) notice to the certificate holder named herein. However, failure to mail such notice shall not impose any obligation nor any liability of any k ind upon the Company , its representatives or agents. By : W. Brown & Associates Insurance Services Certificate # 2- Date of Issue: September 28 , 2018 Certificate No.: -.f Page 1 of 2 120318 HCBOC Page 143 POLICY NO.: NAF6019783 ATTACHED TO CERTIFICATE# _1 SCHEDULE OF LOCATIONS Location of Aviation premises owned , rented to or occupied by the Named Insured : Harnett Regional Jetport Airport, Dunn , NC Type of Coverage : Certificate # 1_ LIMITS OF LIABILITY General Aggregate Limit (Other than Products-Completed Operations and Hangarkeepers') $4 ,000 ,000 Products-Completed Operations Aggregate Limit $1 ,000 ,000 Personal Injury & Advertising Injury Aggregate Limit $1 ,000 ,000 Each Occurrence Limit $2 ,000 ,000 Fire Damage Limit (Any One Fire) $100 ,000 Medical Expense Limit (Any One Person) $5 ,000 Each Occurrence $25,000 Hangarkeepers' Each Loss Limit $1 ,0 00 ,000 Hangarkeepers' Each Aircraft Limit $1 ,000 ,000 On-Premises Automobile Liability $2 ,000 ,000 Hangarkeepers' Deductible(s): $2 ,500 per aircraft/$5 ,000 as respects jet and turbine-powered aircraft Property Damage Deductible(s): $2 ,500 per claim/$5 ,000 as respects jet and turbine-powered aircraft Pag e 2 of 2 120318 HCBOC Page 144 Agenda Item __ 4 __ -__ N ____ __ Harnett C OUNTY NORTH CAROLINA www.harnett.org AN ORDINACE ENACTING AND ADOPTING A SUPPLEMENT TO THE CODE OF ORDINANCES FOR THE COUNTY OF HARNETT, NORTH CAROLINA WHEREAS , American Legal Publishing Corporation of Cincinnati, Ohio ("American Legal Publishing") has completed the 2018 S-1 supplement to the Code of Ordinances of the County of Harnett ("Code of Ordinances"), which supplement contains all ordinances of a general and permanent nature enacted since the prior supplement to the Code of Ordinances; and WHEREAS, American Legal Publishing has recommended the revision or addition of certain sections of the Code of Ordinances which are based on or make reference to sections of the North Carolina code; and WHEREAS , it is the intent of the Harnett County Board of Commissioners to accept these updated sections in accordance with the changes of the law of the State of North Carolina; and WHEREAS, it is necessary to provide for the usual daily operation of the county and for the immediate preservation of the public peace, health , safety and general welfare of the county that this ordinance take effect at an early date; NOW, THEREFORE, BE IT ORDAINED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS: Section 1. Section 2. That the 2018 S-1 supplement to the Code of Ordinances as submitted by American Legal Publishing Corporation of Cincinnati, Ohio, and as attached hereto , be and the same is hereby adopted by reference as if set out in its entirely. Such supplement shall be deemed published as of the day of its adoption and approval by the Harnett County Board of Commissioners and the Clerk to the Hamett County Board of Commissioners is hereby authorized and ordered to insert such supplement into the copy of the Code of Ordinances kept on file in the Office of the Clerk. PASSED AND ADOPTED by the Harnett County Board of Commissioners on this 3rd day of December 2018. ATTE ST: Margaret Regina Wheel er , C lerk to the Board strong roots • new growth HARNETT COUNTY BOARD OF COMMISSIONERS Gordon Springle, Chairman 120318 HCBOC Page 145 REMOVE OLD PAGES Title page 1, 2 19 through 52 3 through 18 21, 22 1, 2 179 through 182 3 through 12 Harnett County, North Carolina Instruction Sheet 2018 S-1 Supplement ADOPTING ORDINANCE TABLE OF CONTENTS TITLE V : PUBLIC WORKS INSERT NEW PAGES Title page 1 through 4 1, 2 19 through 52 TITLE IX: GENERAL REGULA TIO NS 3 through 18F 21, 22 TITLE XI: BUSINESS REGULA TIO NS 1, 2 109, 110 TITLE XV : LAND USAGE 179 through 182B PARALLEL REFERENCES 3 through 12 1 120318 HCBOC Page 146 2 Harnett County, NC -Instruction Sheet REMOVE OLD PAGES INSERT NEW PAGES 5 through 8 25,26 33, 34 BNB 8/18 INDEX 5 through 8 25, 26 33, 34 120318 HCBOC Page 147 HARNETT COUNTY, NORTH CAROLINA CODE OF ORDINANCES 2018 S-1 Supplement contains : Local legislation current through an Ordinance passed 7 -16-2018; and State Legislation current through 2017 Legislative Service #5 Published by: AMERICAN LEGAL PUBLISHING CORPORATION One West Fourth Street,¢-3rd Floor,¢-Cincinnati, Ohio 45202-3909 1-800-445-5588 ,¢-www.amlegal.com 120318 HCBOC Page 148 COPYRIGHT © 2018 AMERICAN LEGAL PUBLISHING CORPORATION 120318 HCBOC Page 149 AN ORDINANCE ENACTING A CODE OF ORDINANCES FOR THE COUNTY OF HARNETT, NORTH CAROLINA, REVISING, AMENDING, RESTATING, CODIFYING AND COMPILING CERTAIN EXISTING GENERAL ORDINANCES OF THE COUNTY OF HARNETT DEALING WITH SUBJECTS EMBRACED IN SUCH CODE OF ORDINANCES WHEREAS, the present general and permanent ordinances of the County of Harnett are inadequately arranged and classified and are insufficient in form and substance for the complete preservation of the public peace, health, safety, and general welfare of the county and for proper conduct of its affairs; and WHEREAS, Section 153A-49 of the North Carolina General Statutes empowers and authorizes the county to revise, amend, restate, codify, and compile existing ordinances and all new ordinances not heretofore adopted or published and to incorporate such ordinances into one ordinance in book form; and WHEREAS, the Harnett County Board of Commissioners has authorized general compilation, revision, and codification of the ordinances of the county of a general and permanent nature and publication of such ordinances in book form. NOW, THEREFORE, BE IT ORDAINED by the Harnett County Board of Commissioners: Section 1. The general ordinances of the county as revised, amended, restated, codified, and compiled in book form are hereby adopted as and shall constitute the "Code of Ordinances of Harnett County, North Carolina." Section 2. The Code of Ordinances as adopted in Section 1 shall consist of the following Titles: TABLE OF CONTENTS Chapter TITLE I: GENERAL PROVISIONS 10. General Provisions TITLE III: ADMINISTRATION 30. Emergency Medical Services 31. 911 Emergency Telephone System 32. Emergency Management 33. Personnel TITLE V: PUBLIC WORKS 50. Garbage 51. Water and Sewer Generally 1 2018 S -1 120318 HCBOC Page 150 2 Harnett County -Adopting Ordinance TITLE V: PUBLIC WORKS (Cont'd) 52 . Sewer Use 53. Oil and Grease Control 54. Water Shortage and Conservation TITLE VII: TRAFFIC CODE [R.eserved] TITLE IX: GENERAL REGULATIONS 90. Animal Control 91. Hazardous Waste and Materials 92. Noise 93. Mass Gatherings TITLE XI: BUSINESS REGULATIONS 110. Sanitary Landfills and Disposal Facilities 111. County Airport 112. Safety Services and Businesses 113. Military Property Sales 114. Cable Television 115. Insulation and Energy Utilization Licensing 116. Massage and Massage Parlors 117. Amusements and Recreation TITLE XIII: GENERAL OFFENSES 130. Weapons 131. Explosives Detonation TITLE XV: LAND USAGE 150. General Provisions 151. Regulatory Codes 152. Voluntary Agricultural District 153. Unified Development Ordinance 154. Communications Tower Ordinance 2018 S-1 120318 HCBOC Page 151 Adopting Ordinance TABLE OF SPECIAL ORDINANCES [Reserved] PARALLEL REFERENCES References to North Carolina General Statutes Referen ces to Resolutions References to Ordinan ces 3 Section 3 . All prior ordinances pertaining to the subjects treated in this Code of Ordinances shall be deemed repealed from and after the effective date of this Ordinance, except as they are included and reordained in whole or in part in this Code; provided that such repeal shall not affect any offense committed, penalty incurred , or any right established prior to the effective date of this Ordinance , nor shall such repeal affect the provisions of ordinances levying taxes, appropriating money, annexing or detaching territory, establishing franchises or granting special rights to certain persons, authorizing public improvements , authorizing the issuance of bonds or borrowing of money, authorizing the purchase or sale of real or personal property, granting or accepting easements or plats, accepting dedications of land to public use, vacating or setting the boundaries of streets or other public places; nor shall such repeal affect any other ordinance of a temporary or special nature or pertaining to subjects not contained in or covered by this Code . Section 4 . This Code shall be deemed published as of the day of its adoption and approval by the Board of Commissioners, and the Clerk to the Board of Commissioners is hereby authorized and ordered to file a copy of the Code of Ordinances in the Office of the Clerk. Section 5 . This Code shall be in full force and effect upon adoption by the Board of Commissioners and filed in the Office of the Clerk, and the Code shall be presumptive evidence in all courts and places of the ordinance and all provisions, sections , penalties, and regulations therein contained and of the date of passage and that the same is properly signed , attested , recorded, and approved and that any public hearings and notices thereof as required by law have been given . PASSED AND ADOPTED by the Hamett County Board of Commissioners on June 4 , 2018 . HARNETT COUNTY BOARD OF COMMISSIONERS I sl Gordon Springle Gordon Spr ingle , Chairman 2018 S-1 120318 HCBOC Page 152 4 Harnett County -Adopting Ordinance ATTEST : I sl Margaret Regina Wheeler Margaret Regina Wheeler, Clerk to the Board 2018 S-1 120318 HCBOC Page 153 Chapter HARNETT COUNTY, NORTH CAROLINA TABLE OF CONTENTS TITLE I : GENERAL PROVISIONS 10. General Provisions TITLE III: ADMINISTRATION 30 . Emergency Medical Services 31. 911 Emergency Telephone System 32 . Emergency Management 33 . Personnel TITLE V: PUBLIC WORKS 50 . Garbage 51. Water and Sewer Generally 52. Sewer Use 53. Oil and Grease Control 54 . Water Shortage and Conservation TITLE VII: TRAFFIC CODE [Reserved] TITLE IX: GENERAL REGULATIONS 90. Animal Control 91. Hazardous Waste and Materials 92. Noise 93 . Mass Gatherings TITLE XI: BUSINESS REGULATIONS 110. Sanitary Landfills and Disposal Facilities 111 . County Airport 112 . Safety Services and Businesses 1 120318 HCBOC Page 154 2 2018 S-1 Harnett County -Table of Contents TITLE XI: BUSINESS REGULATIONS (Cont'd) 113 . Military Property Sales 114. Cable Television 115 . Insulation and Energy Utilization Licensing 116 . Massage and Massage Parlors 117 . Amusements and Recreation 118 . Alcoholic Beverages TITLE XIII: GENERAL OFFENSES 130 . Weapons 131. Explosives Detonation TITLE XV: LAND USAGE 150. General Provisions 151. Regulatory Codes 152. Voluntary Agricultural District 153. Unified Development Ordinance 154. Communications Tower Ordinance TABLE OF SPECIAL ORDINANCES [R.eserved] PARALLEL REFERENCES References to North Carolina General Statutes References to Resolutions References to Ordinances INDEX 120318 HCBOC Page 155 CHAPTER 51: WATER AND SEWER GENERALLY Section General Provisions 51.01 Authority 51. 02 Definitions 51. 03 Delinquent service fees 51.04 Fee schedule 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 51 .35 51.36 51.37 51.38 51.39 2018 S-1 Regulations, Connections, and Conditions Water laterals and tap-on Connection to be made by HCDPU only upon application Application for connection Disapproval of application Separate water and sewer connections and meters required Connections and meters to remain property of HCDPU Maintenance of meters and connections Connection to other supply and cross-connection control When water meters read Adjustment of overcharges Meter tests Bulk water usage Tampering with meters and stopcocks No guarantee of quality, quantity, or pressure of water supply Protection of water supply Procedures Initial or minimum charge HCDPU 's responsibility and liability Consumer's responsibility Access to premises Change of occupancy Suspension of service Complaints; adjustments Classifications, rates, fees , and charges Connection to existing systems 19 120318 HCBOC Page 156 20 51.40 51.41 Harnett County -Public Works Sprinkler connections Provision for cut-off valve Extensions 51.55 Water and sewer extensions in new developments 51.56 Acquisition of easements for developers in county participation projects 51.57 Extension of water and sewer lines within county 51.58 Extensions outside of county 51.59 Extension made by other than HCDPU personnel 51. 60 Observation by HCD PU of work done by others 51. 61 Dedication of water and sewer line extensions GENERAL PROVISIONS § 51.01 AUTHORITY. This chapter is adopted pursuant to G.S. §§ 153A-275, 162A-85.5 and Chapter 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 chapter is also adopted pursuant to G.S. §§ 153A-277, 162A-85 .13, 162A-88, 162A-92 and Chapter 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. (Ord. passed 6-30-2015; Ord. passed 7-16-2018) § 51.02 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. AIR-GAP SEPARATION. 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. A UXJLIARY INTAKE. Any piping connection or other device whereby water may be secured from a source other than the public water supply. 2018 S-1 120318 HCBOC Page 157 Water and Sewer Generally 21 BACKFLOW. 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. BACKFLOW PREVENTION DEVICE. An approved effective device 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. BACKPRESSURE. 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. BACKSIPHONAGE. 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 backflow. BUILDING. A structure as defined in Volume VII, One and Two Families, and Volume I , General Construction, of the NC State Building Code. CONFINEMENT DEVICE. 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. 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. CONSUMER. The person legally or equitably responsible for the payment of charges for water or sewer on any premises. CONTAINMENT DEVICE. 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 . 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. CONTROUED BY. Owned, operated , or leased by. CROSS-CONNECTION. 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. A valve used to regulate the water supply to tbe consumer's premises. 2018 S-1 120318 HCBOC Page 158 22 Harnett County -Public Works DEPARTMENT. 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. Any HCDPU water and sewer district established pursuant to G.S. Chapter 162A, Article 6. DOUBLE CHECK VAL VE. 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. DUAL CHECK VALVE. A device containing two independently acting check valves in series. EASEMENT. 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. A system of pipes and equipment used to supply water in an emergency for extinguishing fire. FULL SERVICE SPRINKLER CONNECTION. 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. Harnett County Department of Public Utilities. IMPROVED STREET. Any street having a wearing surface of concrete , brick, stone block, asphalt, or any bituminous compound. INTERCONNECTION. 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. That portion of the water connection which does not include meter, box or meter setter or connection. 2018 S-1 120318 HCBOC Page 159 Water and Sewer Gene rally 23 MAIN. The pipe usually laid in a street running parallel to the property line which distributes water or collects sewer . MAY. Permissive. (See SHALL .) NCDEQ. North Carolina Department of Environmental Qua lity . NCDWQ. North Carolina Division of Water Quality . OCCUPANT. The consumer who is actually in possession o r control of any premise s. OWNER . The person having legal or equitable title to any premises . PERSON. An individual, firm , association, partnership , or corporation. PREMISES. Land , building , or other structure, and appurtenances thereto . PRESSURE VACUUM BREAKER. 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. 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 BACK.FLOW PREVENTION DEVICE (RPZ). A de vice containing within its structure , t\vo spring loaded independently operating check valves , together with 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 less than the supply pressure . In case ofleakage 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 . 201 8 S-1 120318 HCBOC Page 160 24 Harnett County -Public Works RETROFITTED SPRINKLER CONNECTION. 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. A water line which may service a house, business, apartments, and the like, which runs from the street to the establishment being served. SHALL. Mandatory. (See MAY.) STANDARD SIZE MAIN. Refers to a six-inch diameter water main and an eight-inch diameter sewer main. SUBDIVISION. The division of a tract, parcel, or lot into two or more lots or building sites or other divisions 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 of land not ordinarily considered a subdivision, but requiring utility installations. Examples of these uses are mobile home parks, multi-family projects townhouses, and p lanned 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. Delays in acquiring materials, parts and/or supplies, rock encountered in construction, and other items which might cause delays not under the control of HCDPU. WATER AND SEWER PLANS. An engineered drawing, signed and seal by the engineer ofrecord, 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. (Ord. passed 6-30-2015; Ord. passed 7-16-2018) § 51.03 DELINQUENT SERVICE FEES. (A) Except as provided in division (E) of this section, when a consumer shall have failed to pay his account (as specified in division (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. 2018 S -1 120318 HCBOC Page 161 Water and Sewer Generally 25 (B) The amount of the delinquent service fee provided for in this section shall be the sum of $10. (C) A consumer shall have failed to pay his 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 5:00 p.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 12 consecutive billing periods, should that consumer then make a payment after a due date, the delinquent service fee shall be waived for that period. (Ord. passed 6-30-2015; Ord. passed 7-16-2018) § 51.04 FEE SCHEDULE. The service fees shall be set by the Board of Commissioners . (Ord. passed --) REGULATIONS, CONNECTIONS, AND CONDITIONS § 51.15 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. (Ord. passed 6-30-2015; Ord . passed 7-16-2018) § 51.16 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. (Ord. passed 6-30-2015; Ord . passed 7-16-2018) 2018 S-1 120318 HCBOC Page 162 26 Harnett County -Public Works § 51.17 APPLICATION FOR CONNECTION. Every application for water service shall list, on forms provided by HCDPU, the property owner, the applicant's name, social security number, driver's license number, phone number, and all other relative forms of identification required by HCDPU, the street on which the lot is located, 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. (Ord. passed 6-30-2015; Ord. passed 7-16-2018) § 51.18 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. (Ord. passed 6-30-2015; Ord. passed 7-16-2018) § 51.19 SEPARATE WATER AND SEWER CONNECTIONS AND METERS REQUIRED. (A) Each building shall have a separate meter , and where practicable shall have a separate water lateral. (B) 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 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 : (1) Bills will be rendered to the owner of the property; 2018 S-1 120318 HCBOC Page 163 Water and Sewer Generally 27 (2) 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; and (3) 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 compliance with this chapter . (Ord . passed 6-30-2015; Ord . passed 7-16-2018) Penalty , see§ 10 .99 § 51.20 CONNECTIONS AND METERS TO REMAIN PROPERTY OF 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 . (Ord. passed 6-30-2015; Ord. passed 7-16-2018) § 51.21 MAINTENANCE OF METERS AND CONNECTIONS. All meter and water laterals shall be maintained by HCDPU at HCDPU's expense. (Ord. passed 6-30-2015; Ord . passed 7-16-2018) § 51.22 CONNECTION TO OTHER SUPPLY AND CROSS-CONNECTION CONTROL. (A) 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. (B) 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 . 2018 S-1 120318 HCBOC Page 164 28 Harnett County -Public Works (C) The following uses shall be classified as hazardous uses: (1) 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. (2) 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. (3) 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. (D) All installations described in the above divisions (C)(l) through (C)(3) 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. (E) Services to single-family residential units , not otherwise required by this chapter 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 owner's 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 chapter, 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. 2018.S-1 120318 HCBOC Page 165 Water and Sewer Generally 29 (F) All other connections to the public water supply of HCDPU shall have containment devices in the form of double check valve back.flow prevention devices as set forth in the following division. 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 authorized representative. (G) All containment devices shall be installed according to the following procedure: (1) 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 chapter . Each reduced pressure principle zone device shall be installed such that flooding of the device is unlikely as determined by the department. (2) HCD PU 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. (3) 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. (4) 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. (H) Upon identification of a hazard, or hazard potential, as defined in this section, HCDPU shall notify the consumer of record, via certified mail with return receipt requested, of the property on whi ch the hazard exists of the following: (1) Location of the hazard; (2) Nature of the hazard observed; (3) Date of the hazard observed ; (4) Applicable section of the chapter; and (5) Requirements of the chapter . (I) 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 chapter . 2018 S-1 120318 HCBOC Page 166 30 Harnett County -Public Works (J) 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 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). (K) Consumer responsibilities under this section include the following. (1) The consumer shall, as required in this chapter and upon notification, install the hazard containment device(s) as required within 90 days of the date of notification. (2) If, after expiration of 90 days, the containment device(s) has not been installed in conformance with the standards set forth in this chapter 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 pennit an extension of up to 90 additional days if compliance efforts are underway and the existence of hardship can be determined. (3) HCDPU shall bear no liability for direct or consequential damages caused by the discontinuance of service pursuant to this chapter. (Ord. passed 6-30-2015; Ord. passed 7-16-2018) Penalty, see§ 10.99 § 51.23 WHEN WATER METERS READ. All water meters on water systems controlled by the HCDPU shall be read monthly unless unforeseen circumstances dictate otherwise. (Ord . passed 6-30-2015; Ord. passed 7-16-2018) § 51.24 ADJUSTMENT OF OVERCHARGES. HCDPU shall have the authority to adjust one water and/or sewer monthly bill per 12 months after determining that the bill is excessive, 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 months. 2018 S-1 120318 HCBOC Page 167 Water and Sewer Generally 31 (B) When proof of repair is furnished to substantiate a leak, the water bill shall be reduced by 50 % of the amount by which it exceeds the average amount of the consumer's bill for the preceding three 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. (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 division (B) of this section. (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. (O rd. passed 6-30-2015; Ord. passed 7-16-2018) § 51.25 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 2. 5 % for error, any meter which shows upon test an error not greater than 2 .5 % shall not be considered defective. If the meter is found to be over-registering in excess of 2.5%, refund shall be made in accordance with § 51.24(A), and the deposit paid for the test shall be refunded. (Ord. passed 6-30-2015; Ord. 7-16-2018) § 51.26 BULK WATER USAGE. HCD PU 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 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 required 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 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, and the like, 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 2018 S-1 120318 HCBOC Page 168 32 Harnett County -Public Works damage to the installation, HCDPU shall refund the balance of the depo sit 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 the 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. (Ord. passed 6-30-2015; Ord. passed 7-16-2018) § 51.27 TAMPERING WITH :METERS AND STOPCOCKS. No person, except an employee of HCDPU, shall turn the stopcock installed in each meter box nor shall any person construct or have constructed any bypass around any meter except as may be installed and sealed by HCDPU. The fact that water is cut on to any premises by a person 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 shall be imposed upon the consumer where such tampering or unauthorized use of water has occurred. (Ord. passed 6-30-2015 ; Ord. passed 7-16-2018) Penalty , see§ 10.99 § 51.28 NO GUARANTEE OF QUALITY, QUANTITY, OR 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 HCDPU 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. (Ord. passed 6-30-2015; Ord. passed 7-16-2018) § 51.29 PROTECTION OF WATER SUPPLY. No person shall contaminate any portion of the HCDPU or of the districts ' water supply whether the same is in a reservoir , or tank , or pipe. (Ord. passed 6 -30-2015; Ord. passed 7-16-2018) Penalty, see§ 10.99 § 51.30 PROCEDURES. (A) Service will be supplied only to those who apply . 2018 S-1 120318 HCBOC Page 169 Water and Sewer Generally 33 (B) Users will make application for se r vice, in person , at HCDPU , and at the same time make the deposit guarantee required below. A $15 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 serv ice to another address. (C) The amount of deposit shall be determined by entering all responsible consumer information into an online utility database. If the consumer or consumers have a history 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 division (C) above shall make a minimum cash deposit of $25 . If the property owner is not approved by the above described procedure , they will be charged a minimum deposit of $50. All other consumers, if approved by the procedure described above, shall make a minimum cash deposit of $50 per service requested. All other consumers with a delinquent credit history will be charged a minimum deposit of $100 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 previously 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. (n A separate deposit is required for each meter and/o r service connection requested. (J) The deposit receipt is not negotiable and can be redeemed only at HCDPU. (K) The deposit required by this chapter or part remaining thereof will be refunded upon payment of final bill and final accounting. (Ord . passed 6-30-2015; Ord. passed 7-16-2018) 2018 S-1 120318 HCBOC Page 170 34 Harnett County -Public Works § 51.31 INITIAL OR MINIMUM CHARGE. (A) The initial or minimum charge , as provided in the rate schedule , shall be made for each meter installed , regardless of location. (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 res idential 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. (Ord . passed 6-30-2015 ; Ord . passed 7-16-2018) § 51.32 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 of HCDPU. HCDPU shall not be responsible for any damage done by or resulting from any defect in 2018 S-1 120318 HCBOC Page 171 Water and Sewer Generally 35 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. (Ord. passed 6-30-2015; Ord. passed 7-16-2018) § 51.33 CONSUMER'S RESPONSIBILITY. (A) Piping on the consumer's premises must be so· arranged that the connections are conveniently located with respect to HCDPU's lines or mains. (B) If the consumer's piping on the consumer's premises is 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 H CD PU' 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 . (Ord. passed 6-30-2015; Ord. passed 7-16 -2018) Penalty, see§ 10.99 2018 S-1 120318 HCBOC Page 172 36 Harnett County -Public Works § 51.34 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. (Ord. passed 6-30-2015; Ord. passed 7-16-2018) Penalty, see§ 10 .99 § 51.35 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. (Ord. passed 6-30-2015; Ord. passed 7-16-2018) Penalty, see§ 10.99 § 51.36 SUSPENSION OF SERVICE. (A) Services may be discontinued at the request of the consumer, provided the consumer pays 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 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 12 months . If the rental property is still vacant after 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. (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 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 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. 2018 S-1 120318 HCBOC Page 173 Water and Sewer Generally 37 (E) After a connection has been discontinued for a period of 12 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; (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; and/or (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 chapter that he desires to stop his service. (Ord . passed 6-30-2015; Ord. passed 7-16-2018) 2018 S-1 120318 HCBOC Page 174 38 Harnett County -Public Works § 51.37 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; 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 HCD PU of making the test provided, however , if the meter is found to over register or under register beyond 2.5 % of the correct volume, no charge will be made. (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 . (E) No modification ofrates or any of the stipulations in this chapter shall be made by any employee ofHCDPU. (Ord. passed 6-30-2015; Ord. passed 7-16-2018) § 51.38 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, whe re the user is a municipality and/or other public body. (B) Rate schedule. (1) Residential: Water Schedule Flat rate, first 2,000 gallons (minimwn) All water used over 2,000 gallons 2018 S -1 Monthly $18 .50 $5 .25 per 1,000 gallons 120318 HCBOC Page 175 Water and Sewer Generally 39 Sewer Schedule Monthly Flat rate, no gallons $15 Commodity charge $5.25 per 1,000 gallons Flat sewer rate, one-person household $35 Flat sewer rate, two or more in household $40 (2) Commercial: Water Schedule Monthly Flat rate, first 2,000 gallons (minimum) $25 All water used over 2,000 gallons $5.25 per 1,000 gallons Sewer Schedule Monthly Flat rate, no gallons $37 Commodity charge $5. 25 per 1,000 gallons Flat sewer rate, institutional, no gallons $225 minimum Commodity charge $5.25 per 1,000 gallons (3) Bulk municipal: (a) 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. (b) 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. (c) Sewer. $2.05 for each 1,000 gallons treated. (d) Energy charges . 1. $0.25 for each 1,000 gallons of water used. 2. Note: Energy charges may differ depending upon the number of pumps required for delivery. 2018 S-1 120318 HCBOC Page 176 40 Harnett County -Public Works (C) Tap-onfees. (1) Water serv ic es: Water Services 2-inch connecti on $2,500 1-inch connection $1,500 3/4-inch connection $800 3/4-inch connec tion $200 for new District or HCDPU-funded extension (2) Sewer services: Sewer Services 4-inch gravity connection $1,000 6-inch gravity connection $1,500 8 -inch gravity connection $2,500 Step tank $2,000 Larger connections and/or road bo res, inc luding those for bulk municipal connections, shall be negotiated as may b e appropri ate. (D) Hydrant m eter charges . Charge s 3/4-inch hydrant meter service 3-inch hydrant m eter se rvice Refundab le deposit $250 $500 Rental r ate: Daily $5/day $10/day or Monthly $140/month $280/month or Yearly $1,200/year (must be paid up $2,500/year (must be paid up front) front) Commodity charge $6 per 1,000 gallons $6 per 1,000 gallons 2018 S-1 120318 HCBOC Page 177 Water and Sewer Generally 41 (E) Septage hauler waste fee . Services Charges Basic facilities charge $10 per truckload Usage charge $50 per 1,000 gallons This service is available only to those applicants having obtained prio r written approval from the HCDPU Wastewater D ivisio n . Waste from septi c tanks and portable toilets shall be accepted if it fully conforms with Chapter 52 of this code . Maximum gallons bill ed p er truckload shall be determined by the manufacturer's label on the truck. If s uch label is not present, the volume will be determined by HCDPU personnel. (F) Rates for persons living outside the district . Rates for persons liv ing outside of Harnett County and served by HCDPU water lines owned or operated by HCDPU or a district shall be equal to rates for persons living inside Harnett County so Jong as no tax is levied within Harnett County for support of the system; if a tax is levied on users inside Harnett County for the purpose of supporting the water system, then the users outside Harnett County shall pay an increased rate . (G) Water and sewer system development fees . (1) 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 de velopment, 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 . (2) These 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 and a sewer system development fee of $2,500 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 . Water and sewer system fees were determined by a system development fee analysis that met the requirements of G .S . § 162A-205 and is posted on HCDPU ' s website for rev iew. New commercial/industrial system development fees will be determined 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 as follows . The full balance of the fees for new land subdivision developments 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 ins tances 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. 2018 S-1 120318 HCBOC Page 178 42 Harnett County -Public Works (H) Plan review fees. Plan review fees for extensions of HCDPU's water and sewer systems shall consist of a $250 preliminary plan review for all projects and a $40 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 . (Ord. passed 6-30-2015; Ord. passed 7-16-2018) § 51.39 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. (Ord. passed 6-30-2015; Ord. passed 7-16-2018) § 51.40 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, matters 1 otherwise associated with service applications 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 . (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: Connection Fee 2-inch connection $1,600 1-1 /2-inch connection $700 1-inch connection $450 3 /4-inch connection $300 (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. 2018 S -1 120318 HCBOC Page 179 Water and Sewer Generally 43 (E) The same schedule of rates 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. (F) 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 . (Ord. passed 6-30-2015; Ord. passed 7-16-2018) § 51.41 PROVISION FOR CUT-OFF VALVE. (A) 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 of an inch onto the service line running from the meter box to the consumer's premises. This cut-off valve shall be located within 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 to the Ordinance passed 7-16-2018, and made part of this section by reference. (B) 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. (Ord. passed 6-30-2015; Ord. passed 7-16-2018) EXTENSIONS § 51.55 WATER AND SEWER EXTENSIONS IN NEW DEVELOPMENTS. The basic conditions under which water and sewer extensions are required in HCDPU's jurisdiction are described in § 153 .155 of this code. 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 new subdivisions or within other new developments lies with the subdivider 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 North Carolina Licensed Professional Engineer serving as the engineer of record for the development and shall have their seal and 2018 S-1 120318 HCBOC Page 180 44 Harnett County -Public Works 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 N CD ENR 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, North Carolina Administrative Code Title 15A Subchapter 2T, Waste Not Discharged to Surface Waters, and to Title 15A Subchapter 18C , Rules Governing Public Water Systems .. The engineer shall provide sealed as -built plans and location maps for all valves 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 H CD PU 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 and/or HCDPU standards. (C) Conformance, inspection, and oversight. Improvements shall be installed in accordance with the established specifications, and other applicable policies of HCDPU . 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 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, and the like. 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. Upon completion of the punch list, the developer's engineer will schedule another inspection. In the event the number of inspections performed 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 1 2018 S-1 120318 HCBOC Page 181 Water and Sewer Generally 45 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 of HCDPU. 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 eight 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 minimizes 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 extensions of water and/or sewer mains over privately owned lands will be solely borne by the developer. HCDPU also prefers that the developer 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 § 51.56 ofthis chapter . (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 conveyance is to take effect without further action upon the acceptance of HCDPU 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: (1) 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 mortgages' and lienors' interest in the easement and fixtures thereon for so long as the easement is used for the operation, maintenance, repair, or replacement of water and wastewater mains, pipes, connections, pumps, and meters within the easements. 2018 S-1 120318 HCBOC Page 182 46 Harnett County -Public Works (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) Furnish HCDPU with all manufacturers' warranties which developer might have received or is due to receive on any part of the installations. (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, and equipment of construction for a period of not less than one 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 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 § 51.19 of this code . (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 of HCDPU. (2) Each occupancy or property owner must post a security deposit and setup fee, as listed in § 51.30 of this code, 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 20 feet and dedicated to HCDPU for the operation and maintenance of said water lines and meter services. (Ord. passed 6-30-2015; Ord. passed 7-16-2018) Penalty, see§ 10.99 2018 S-1 120318 HCBOC Page 183 ~'ater and Sewer Generally 47 § 51.56 ACQUISITION OF EASEMENTS FOR DEVELOPERS IN COUNTY PARTICIPATION PROJECTS. (A) Should a developer encounter problems acquiring utility right-of-way across priv ate property for a project , he may request a meeting with the HCDPU Director, o r hi s designee, to dis cu ss 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 rev iew and make a determination as to possible eligibility for participation. If the Director determines there is a valid bas is 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 Serv ices 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 rev iew h is obligations . All property maps and descriptions will need to be appro ved by HCDPU and need to comply with these standards and procedures . ( 1) One copy of blueprint of each map with a copy of the descriptions of the taking shall be submitted by the developer's engineering firm/surveyor for review. The map and descriptions need to be sealed by a professional surveyor. (2) The Legal Department will contact the developer's engineering firm/surveyor after rev iew is completed so that review comments can be addressed . (3) The developer's engineering firm/surveyor will have to re-submit a copy of blueprint o f the corrected plans and a copy of the corrected descriptions, together with all the copies marked with corrections requests . (4) When the Legal Department is satisfied that all changes have been made, the developer 's engineering firm/surveyor will be contacted and asked of submission of the following items : (a) The original mylar of the plans , signed, sealed , and dated by a professional survey or. (b ) A copy of the legal description , signed, sealed , and dated b y a professional surveyor. (c) A DXF or DWG drawing file submitted on 3 .5 " diskette or through email, for all computer-generated with the drawings. This file should be on project coordinated (specifically, NAD83) coordinates. Also required is an ASCII points file , with the point number, coordinates, and descriptor of each point. (5) The developer's attorney will need to prepare the required deeds and contact the county 's Legal Department for the approval of the deeds. (6) 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 Harnett County , NC . 2018 S-1 120318 HCBOC Page 184 48 Harnett County -Public Works (7) 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 fmalized 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. (8) 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. (9) 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, the following procedure will commence. (a) HCDPU will schedule a meeting with the developer and the affected property owner(s) to, discuss the situation, explain the necessity for the project (for example, public good, public necessity, coordination with the long-term infrastructure development of the County), and ascertain that an offer has been made and effused. (b) Furnish the Legal Department copies of correspondence as written documentation. ( c) 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. (d) The Legal Department will notify the developer and the affected property owners as to the date which the Board of Commissioners will consider the request. (e) Board of Commissioners will decide as to whether or not to direct the Legal Department 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. (f) Upon the Board of Commissioners approval and prior to HCDPU staff starting action, the developer is to deposit with HCDPU twice the amount of the estimated cost of the right-of-way. 2018 S-1 120318 HCBOC Page 185 Water and Sewer Generally 49 (B) 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 funds over and above those required to obtain the right-of-way. In the event 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 of HCDPU, 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. (Ord. passed 6-30-2015; Ord. passed 7-16-2018) § 51.57 EXTENSION OF WATER AND SEWER LINES WITHIN COUNTY. (A) HCDPU currently extends service to rural areas by three methods: (1) Capital projects using loans and grants to fund; (2) Private development within public rights-of-way or dedicated rights-of-way funded by private funds; and (3) Co-operative projects between HCDPU and private sector for commercial and industrial development. The amount of HCDPU funds contributed to a co-operative project is guaranteed to be repaid to HCDPU 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 period fail to equal the HCDPU's fiscal contribution to the project, the developer shall pay the difference to HCDPU. (B) (1) HCDPU proposes to designate, from the Harnett County General Fund and/or the Public Utilities Fund, certain restricted annual appropriations for the development of water and sewer line extensions within Harnett County. All requests for extensions shall be rated on the following point system: Public health severity 40 points Cost feasibility based upon return of investment 40 points Contributed capital by individual or business 20 points Points maximum 100 points (2) The responsibility for rating each request will be with the Director of Harnett County Department of Public Utilities or the designee of the Director. A minimum score of 50 points is required in order for the Harnett County Board of Commissioners to consider the request. (Ord. passed 6-30-2015; Ord. passed 7-16-2018) 2018 S -1 120318 HCBOC Page 186 so Harnett County -Public W orks § 51.58 EXTENSIONS OUTSIDE OF COUNTY. (A) HCDPU has no responsibility to provide water or sewer service to property located outside th e 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 interes t to do so. (B) Any owner of property outside the county who seeks an extension of HCDPU '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. (Ord. passed 6-30-2015 ; Ord. passed 7-16-2018) § 51.59 EXTENSION 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 chapter as well as other 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 Harnett 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. (Ord. passed 6-30-2015; Ord . passed 7-16-2018) 2018 S -1 120318 HCBOC Page 187 Water and Sewer Generally 51 § 51.60 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 Harnett 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. (Ord. passed 6-30-2015; Ord. passed 7-16-2018) § 51.61 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 property of HCDPU 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 divi sion (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 12 months from the date of acceptance of the project, including such incidental damages as may arise from such claims . (Ord . passed 6-30-2015; Ord. passed 7-16-2018) 2018 S-1 120318 HCBOC Page 188 52 Harnett County -Public Works 120318 HCBOC Page 189 CHAPTER 90: ANIMAL CONTROL Section Harnett County Animal Services Ordinance 90 .01 Purpose 90. 02 Definitions 90.03 Authority and responsibility of Animal Control 90.04 Authority and responsibility of the Animal Shelter 90 .05 Animal control; offenses 90 . 06 Rabies control 90 .07 Unlawful killing, releasing, and the like, of certain animals 90.08 Failure to surrender animal for quarantine 90 .09 Dangerous dogs 90 .10 Seizure and impoundment of animals 90. 11 Redemption of animals 90.12 Rabies vaccination tag 90.13 Inherently dangerous exotic animals 90. 14 Conflict with other laws 90.15 Application to municipalities 90 .16 Effective date Animal Control Specific to the Towns of Angi.er, Coats, Erwin, and Lillington 90.30 Purpose and intent 90. 31 Establishment of bird sanctuary 90.32 Hunting, killing, and trapping of animals 90.33 Keeping livestock within the town/city limits 90. 34 Number of dogs permitted 90.35 Number of cats permitted 90 .36 Confinement and running at large 90.37 Possession of animals and strays 90.38 Impoundment and reclaiming of captured animals 90 .39 Potentially dangerous and dangerous dogs 90.40 Inherently dangerous exotic animals 90. 41 Enforcement 90.99 Penalty 3 2018 S-1 120318 HCBOC Page 190 4 Harnett County -General Regulations HARNETT COUNTY ANIMAL SERVICES ORDINANCE § 90.01 PURPOSE. (A) There is created the Animal Control Division of Harnett County , which shall be composed of the General Services Director, Animal Control Program Manager, and such employees as shall be determined by the General Services Director and Animal Control Program Manager , and funded by the Board of Commissioners. The General Services Director, Animal Control Program Manager, and the employees shall be compensated in accordance with the personnel policies of Harnett County. (B) The Animal Control Division shall designate employees or agents enforcing this subchapter as Animal Control Officers. In performance of their duties, Animal Control Officers shall have the power, authority, and immunity granted under this subchapter and by the general laws of this state to enforce the provisions of this subchapter, and the North Carolina General Statutes as they relate to the care, treatment, control , or the impounding of animals . (C) Unless otherwise provided, Animal Control Officers shall not be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of such duties unless he acts with actual malice. (D) It shall be unlawful for any person to interfere with, hinder, or molest any Animal Control Officer, Police Officer, veterinarian or other duly appointed agent while in performance of any duty authorized by this subchapter or seek to release any animal in the custody of such agent, except in the manner as herein provided. Each Animal Control Officer, while performing his/her respective duties, shall wear an identification insignia of size and design to be determined by the General Service Director and the Animal Control Program Manager . (E) Animal Control Officers may store at the Animal Control Office, or carry in departmental vehicles, firearms approved for use, and use such firearms when necessary to enforce sections of this subchapter, or under applicable laws for the control of wild, dangerous, vicious, or diseased animals . (Ord . passed 6-4-2018) Statutory reference: Appointment of animal control officers authorized, see G. S. §§ 67-30 et seq. Ordinance power and enforcement, see G.S. §§ 153A-121 et seq. lnteiference unlawful, see G.S. § 19A-48 § 90.02 DEFINITIONS. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. 2018 S-1 120318 HCBOC Page 191 Animal Control 5 ADEQUATE FOOD. The provision at suitable intervals, not to exceed 24 hours , of a quantity of wholesome foodstuff suitable for the species and age , and sufficient to maintain a reasonable level of nutrition in each animal. Such foodstuff shall be served in a receptacle, dish, or container that is physically clean and in which agents injurious to health have been removed or destroyed to a practical minimum . ADEQUATE SHELTER. Shelter which will keep a non-aquatic animal dry , out of direct path of winds, out of direct sun, and at a temperature level that is healthful for the animal. For dogs, cats, and other small animals , the shelter shall be a wind-proof and moisture-proof structure of suitable size to accommodate the animal and allow retention of body heat. It shall include four walls, a roof, and a solid floor raised up off the ground, with an opening entrance large enough to allow access to the animal, but placed in such a way to keep the animal out of the direct path of winds. Barrels, pet crates, and similar devices do not provide adequate shelter for a dog, cat, or other small animal and are prohibited for that purpose . The structure shall be provided with sufficient quantity of suitable bedding material consisting of hay, straw, cedar shaving, or the equivalent. For all animals the containment area shall be free of accumulated waste and debris so that the animal shall be free to walk or lie down without coming in contact with any such waste or debris, and a suitable method of draining shall be provided to rapidly eliminate excess water or moisture. Aquatic or semi-aquatic animals shall have an adequate amount of clean water in which to move . Adequate shelter does not apply to the following domesticated livestock: cattle, oxen, bison, sheep, swine, goats , horses , ponies, mules, donkeys, hinnies, llamas , alpacas , lagomorphs, ratites , and poultry. ADEQUATE WATER. A constant access to a supply of clean, fresh water provided in a sanitary manner . In near or below freezing temperatures, the water must be changed frequently to prevent freezing , unless heated. ADOPTIONS COORDINATOR/SHELTER PROGRAM MANAGER. The person placed in charge of adoptions and shelter operations or authorized representative. ANIMAL. Any live vertebrate creature, wild or domestic, other than human beings. ANIMAL CONTROL OFFICER. Employees and agents designated by Harnett County Animal Control to enforce this subchapter. In the performance of their duties, Animal Control Officers shall have all the powers, authority, and immunity granted under this subchapter and by the general laws of this state to enforce the provisions of this subchapter , and the state statutes as they relate to the care, treatment, control, or impounding of animals . ANIMAL CONTROL PROGRAM MANAGER. The person placed in charge of Harnett County Animal Control or authorized representative . ANIMAL SERVICES DIRECTOR. The Director of Harnett County Animal Services or authorized representative. CAT. A domestic feline of either sex. 2018 S-1 120318 HCBOC Page 192 6 Harnett County -General Regulations DIRECT CONTROL AND RESTRAINT. An animal is under direct control and restraint if it is obedient to a competent person's commands at all times; is within a secure enclosure ; is obedient to an electronic collar or wireless device ; is located within a vehicle, trailer, or other conv eyance; or is leashed , chained , or restrained by a device of sufficient strength by a person or to a fixed object. A service dog and a hunting or working dog in the field or working are presumed to be under direct control and restraint . DOG. A domestic canine of either sex. EUTHANASIA. The humane destruction of an animal accomplished by a method that involves rapid unconsciousness and immediate death, or by a method that involves anesthesia, produced by an agent which causes painless loss of consciousness, and death during such loss of consciousness . EXOTIC ANIMAL . Any animal or reptile which is not native or indigenous to North Carolina, does not have an established wild population in North Carolina, or is not regulated by the North Carolina State Wildlife Commission . FERAL CAT. Cats unsuitable for adoption, as determined by the General Services Director or designee . FERAL DOG. Dogs unsuitable for adoption, as determined by the General Services Director or designee. GENERAL SERVICES DIRECTOR. The Director of the Harnett County General Services Department or authorized representative. The General Services Director is responsible for overall management of Animal Services; incorporating both Animal Control and Shelter Operations. HEALTH DIRECTOR. The Director of the Harnett County Health Department or authorized representative . HUNTING/WORKING DOG. A dog which is trained or being trained to assist in herding or hunting activities. ISOLATION/QUARANTINE. The placing of an animal away from all other animals, food, and equipment in the area, for the sole purpose of preventing the spread of disease. NEUTERED MALE. Any male which has been surgically operated on or medically treated to prevent reproduction. OWNER/PERSON IN POSSESSION. Any person, group of persons, firm, partnership, or corporation owning, keeping, having charge of, sheltering, feeding, possessing, or taking care of any animal. 2018 S-1 120318 HCBOC Page 193 Animal Control 7 REPTILE. Any cold-blooded air breathing vertebrate with horny scales or plates such as a snake, lizard, or tortoise. RUNNING AT LARGE. The running or wandering of an animal not under direct control of the owner, caretaker , and/or possessor that is not restrained by fence, tether, or other enclosure. SANITIZE. To make physically clean, remove and destroy to a practical minimum, agents injurious to health . SECURE ENCLOSURE . An enclosure from which an animal cannot escape unless freed by an owner, caretaker , and / or possessor. SERVICE DOG. Any dog which is trained or being trained to do work or perform tasks for a person who is blind, hearing impaired , or otherwise disabled. A dog whose sole function is to provide comfort or emotional support does not qualify as a service dog. SPAY FEMALE. Any female animal which has been surgically operated upon to prevent reproduction. STRAY ANIMAL. A domesticated animal that roams at large with no apparent ownership. TETHERING/CHAINING. A chain, cable, rope, or the like, by which an animal is fastened to a fixed object so as to limit its range of movement. VACCINATION. The administration of anti-rabies vaccine , approved by the United States Bureau of Animal Industry, the North Carolina Department of Agriculture, and the North Carolina Commission for Health Service. VETERINARY HOSPITAL. An establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of disease and injuries of animals . WILD ANIMALS. All warm and cold blooded animals not normally domesticated, including, but not limited to, lions, tigers, or other wild cats, wolves, bears , raccoons, monkeys, apes , reptiles, and any other non-domesticated animal. (Ord. passed 6-4-2018) § 90.03 AUTHORITY AND RESPONSIBILITY OF ANIMAL CONTROL. (A) Animal Control Ser vices responsibilities include the following: (1) (a) Enforcement of all state laws, county ordinances, health regulations, and resolutions relating to the care, custody, and control of domestic animals , especially with regard to vaccination of dogs, cats, and ferrets against rabies , and the secure confinement or leashing and muzzling of dangerous and /or vicious animals within the county . 2018 S-1 120318 HCBOC Page 194 8 Harnett County -General Regulations (b) Notwithstanding the foregoing, reference is particularly made to G.S. §§ 67-1 et seq . (Dogs) and G.S. §§ 130A-184 et seq. (Public Health). (2) Investigation of cruelty, animal abuse, or neglect with the regard to dogs, cats, and other domestic animals. (3) Making such canvass of the county, including homes in the county, as deemed necessary for the purpose of ascertaining that all dogs, cats, and ferrets are duly vaccinated against rabies. (4) Issuance to owners of citations for rabies vaccination for any unvaccinated dog, cat, and ferret four months of age or older. The animal shall be vaccinated by a licensed veterinarian, a registered veterinary technician under the direct supervision of a licensed veterinarian, or certified rabies vaccinator and the proof of certification is to be returned to the Animal Control Division by the owner of the dog, cat, or ferret within three business days. If the rabies vaccination is administrated within 72 hours, the citation shall be void . Individuals who fail to vaccinate their pet within 72 hours may be issued another citation. (5) Issuance of citations to any person if there is probable cause to believe that such person has violated any of the provisions of this subchapter. Citations so issued may be served in person upon the violator by the Animal Control Program Manager or any Animal Control Officer or they may be mailed by certified mail. Any citation so served or mailed shall direct the alleged violator to make payment of the fine provided therein to the Animal Control Division on or before a specific date stated on the citation and the period so specified shall not be less than 20 business days after service. If the violator is served by mail, the violator shall have 20 business days from the date of the citation to pay said citation. The citation fines may be recovered by the county in a civil action in the nature of debt if the offender does not pay the penalty within 20 business days after being cited. Any alleged violator may make written appeal of the citation to the Animal Control Program Manager or his designee within 20 business days of the date of the citation. The right to appeal from the Animal Control Program Manager is to the Harnett County Superior Court. (6) In addition to and/or in lieu of the civil citation provided for in the above division, the Animal Control Program Manager or any Animal Control Officer may forthwith have a criminal complaint entered against the violator and secure and issue a warrant for his/her arrest or issue a summons against such person to appear in court. The arrest or summons shall be for the violation of athe section of this subchapter charged in the citation and upon conviction, the defendant shall be subject to the penalties prescribed by this chapter. (7) Maintenance of all records with respect to the citation forms and their disposition so that all such forms are capable of an immediate accounting. Records of citations shall be maintained in the Animal Control Office. (8) Periodic investigation by the General Services Director or his/her representative of the records of the division for the purpose of determining the disposition of the citation forms and shall 1 2018 S-1 120318 HCBOC Page 195 Animal Control 9 report the result of such investigation to the County Manager . For the purpose of making thi s investigation, he/she shall have access to the records of the division. (B) Animal Control Officer responsibilities include the following: (1) Enforcement. Animal Control Officers have the power to is sue citations for the violation of the Harnett County Animal Services Ordinance and other laws of the State of North Carolina relating to the ownership, control, care, and custody of dogs, cats, and other animals. (2) Investigation of cruelty to animals. Investigation of cruelty or abuse to dogs, cats, and other animals . (3) Rabies control . Act as rabies control officers and enforce and carry out all laws of North Carolina and all ordinances of Harnett County pertaining to rabies control. (4) Animal bites. Be responsible for the investigation of all reported animal bites and for the quarantine of any such animal for a period of not less than ten days . Be responsible for the procedures required for rabies testing if needed. (5) Seizure and impoundment. Be responsible for the seizure and impoundment, where deemed necessary, of any dog, cat, or other animal in Harnett County involved in a violation of this or any other county ordinance or any state statute. (Ord. passed 6-4-2018) Statutory reference: Provision of local health, see G.S. §§ 130A-34 et seq. and 130A-185 et seq. § 90.04 AUTHORITY AND RESPONSIBILITY OF THE ANIMAL SHELTER. It shall be the duty of the Adoptions Coordinator/Shelter Program Manager to keep, or cause to be kept, accurate and detailed records of the below listed items and be responsible for the operation of the Harnett County Animal Shelter. (A) Origin of animals and the date the animals were received. (B) Description of animals including species, age, sex , breed, and color markings . (C) Location of animals if not kept at the Animal Shelter. (D) Disposition of animals and the corresponding date . (E) Bite quarantine and complaints. 2018 S-1 120318 HCBOC Page 196 10 Harnett County -General Regulations (F) All monies belonging to the county which are derived from impoundment fees, penalties, sale, and /or auction of animals . (G) All other records deemed necessary by the Animal Services Program Manager or designee . (Ord. passed 6-4-2018) § 90.05 ANIMAL CONTROL; OFFENSES. (A) Dogs not under direct control. A dog not under direct control of its owner, caretaker, and/or possessor determined to be at large by the Animal Control Officer (see also G.S. § 67-12). The owner, caretaker, and/or possessor, if identified, will be subject to penalties as specified in§ 90 .99 . A hunting or working dog in the field training or working will be considered to be under direct control. (B) Female dog during estrus period. (1) A female dog during the estrus period must be kept in a secure enclosure and be at all times under restraint. Restraint in this instance does not mean tethered to a stationary object without being confined in a secure enclosure. (2) Permitting bitch at large. If any person owning or having any bitch shall knowingly permit her to run at large during the erotic stage of copulation he shall be guilty of a Class 3 misdemeanor (see also G.S . § 67-2). (C) Possession of animals owned by others. It shall be unlawful for any person to knowingly or intentionally, unless with the consent of the owner or the person in possession, to harbor, feed or keep in his/her possession, by confinement or otherwise, any dog, cat, or other animal which does not belong to him/her unless he/she has, within 48 hours from the time that such dog, cat, or other animal has come into his /her possession , notified the Animal Services Office. The purpose of this division is to aid in rabies control, and to prevent the intentional possession of pets belonging to other persons. Any person who gives away, sells, or allows an otherwise stray or abandoned animal to be adopted without first notifying the Animal Shelter, shall have no authority over the animal and ownership shall remain with the previous owner to the extent the previous owner is able to be identified (see also G.S . §§ 14-81, 14-82, 14-85, and 14-100). (D) Vicious and public nuisance animals. (1) The Harnett County Animal Control Program Manager or Animal Control Officer may declare an animal to be vicious and a menace to the public health when the animal has attacked a person or other domestic animal causing bodily harm without being teased, molested, provoked, beaten , tortured, or otherwise harmed . When an animal has been declared to be vicious and a menace to the public 's health, the animal may be seized or impounded and the owner of said animal could be subject to a fine of not less than $100 . The Program Manager or Animal Control Officer shall order the animal 2018 S-1 120318 HCBOC Page 197 Animal Control 11 to be confined to its owner's property. However, the animal may be permitted to leave its owner's property when accompanied by a responsible adult, muzzled, and restrained on a leash. The Program Manager may request an animal to be surrendered by its owner to Animal Services if it has violated items (a) through (k) of division (D)(2) three or more times within a 12 month period. (2) An animal may be determined by an Animal Control Officer to be a public nuisance when it commits any of the following acts two or more times, or any combination of two or more of the following acts one or more times: (a) Chase, snaps at, attacks, or otherwise molests pedestrians, bicyclists, motor vehicle passengers, farm livestock, or domestic animals; (b) Turns over garbage pails; (c) Damages gardens or other foliage or other real or personal property; (d) Habitually or continuously barks, whines, or howls in an excessive nature; ( e) Habitually or continuously loiters on school grounds or official county recreation areas; (f) Walks on or sleeps on automobiles of another person; (g) Is not confined to a building or secure enclosure when in estrus; (h) Eliminates on private property without the permission of the owner; (i) Is diseased or dangerous to the health of the public; (j) Is housed or restrained le ss than five feet from a public street, road, or sidewalk and, in the discretion of the Animal Control Officer, poses a threat to the general safety, health, and welfare of the general public; or (k) Commits other acts that constitute a public nuisance (see also G.S. § 130A-200). (E) Injuring or trapping of animals. (1) No person shall set or expose an open jaw trap, leg hold trap, or any type of trap which would likely cause physical harm or injury to any animal. This division shall not apply to persons licensed by the state to trap animals, to Animal Control Officers, or to persons using live capture traps. (2) No person shall maliciously tease, molest, bait, or in any way bother any animal. 2018 S-1 120318 HCBOC Page 198 12 Harnett County -General Regulations (F) Diseased, injured or sick animals. Any person owning or having any animal under his charge which he knows or suspects to be sick or injured shall isolate the animal and shall obtain or provide appropriate treatment for such animal within two business days or have the animal humanely euthanized (see also G.S. § 14-360). (G) Animal abandonment. (1) No person shall abandon or cause to be abandoned, their dog, cat, or any other type of animal. (2) No person shall take in their possession an animal they do not own and take the animal to another to be or cause to be abandoned (see also G.S. § 14-361.1). (H) Tether violation. (1) It shall be unlawful to tether an animal to a stationary object for a period of time or under conditions that an Animal Control Officer deems harmful or potentially harmful to the animal. Tethering may be allowed in certain cases if there is no sign of obvious neglect and the animal is not exhibiting health or temperament problems. (2) Tethers should have swivels on both ends to reduce entanglement. Choker chains, chains less than 15 feet in length, or prong (pinch) collars are prohibited while animal is tethered. Animal must be given access to adequate food, water, and shelter while tethered. (3) No owner or the person in possession shall have over three dogs chained or tethered on their property at any given time. This allows dogs to be in kennels or runs and does not limit the amount of dogs on the property (see also G.S. § 14-362.3). (I) Dangerous or potentially dangerous dog violation. Due to the dangerous conditions of these animals, any violation of this section authorizes Animal Services immediate authority to impound the dog. This does not relieve the owner of any penalties or fees that result from impounding the animal. No owner of a dog deemed "dangerous" or "potentially dangerous" may violate the conditions required in keeping of said animal as listed in§ 90.09 (see also G.S. §§ 67-4.1, 67-4.2, and 67-4.3). (J) It shall be unlawful for any person to molest, torture, deprive of necessary sustenance, cruelly beat, needlessly mutilate or kill, wound, injure, poison, abandon, or subject to conditions detrimental to its health or general welfare any animal or to cause or procure such action. The term "torture," "torment," or "cruelty" shall be held to include every act, omission, or neglect whereby unjustifiable physical pain, suffering, or death is caused or permitted; but such terms shall not be construed to prohibit lawful shooting of birds, deer, and other game for human food, nor to prohibit animal services or its agents or the Humane Society or veterinarians from destroying dangerous, unwanted, sickly or injured animals in a humane manner. 2018 S-1 120318 HCBOC Page 199 Animal Control 13 (K) It shall be unlawful for any person to keep animals under unsanitary or L.'"lhumane conditions, or to fail to provide proper food and water at all times, shelter from the weather, reasonably clean quarters , and proper medical attention for sick, diseased, or injured animals as defined in G.S . § 19A-23 , as well as adequate inoculation against disease, according to the species of the animal kept. (Ord. passed 6-4-2018) Statutory reference: Animal Welfare Act, see G.S. §§ 19A-20 et seq . § 90.06 RABIES CONTROL. (A) Immunization . It shall be unlawful for any dog or cat owner, or the person in possession, to keep any such animal which is four months of age or older unless such animal has been immunized against rabies in accordance with North Carolina statutes with an approved rabies vaccine. This vaccine is to be administered by a licensed veterinarian or a certified rabies vaccinator . (B) Bites. (1) Wounds inflicted by any animal upon humans shall be reported immediately to the Animal Control Department or the Sheriffs Office by the person who has been bitten, or in the case of a child his/her parent, guardian or other responsible party. Physicians treating an animal bite wound shall report the incident to the Sheriffs Department or Animal Control within 24 hours of treatment. (2) Every dog or cat that bites a human being and does not have a valid rabies vaccination tag shall be surrendered by its owner to an Animal Control Officer upon request. The animal shall be confined for observation for no less than ten days at the Harnett County Animal Shelter. The owner shall be responsible for the cost of such confinement. (3) Every dog or cat that bites a human being and has a valid rabies vaccination tag shall be surrendered by its owner or the person in possession to an Animal Control Officer upon request or to a licensed veterinary hospital , at the choice of the owner, where the animal shall be confined for observation for not less than ten days. The owner or the person in possession shall be responsible for the cost of such confinement. An Animal Services Officer may , at his discretion, permit the animal to be confined on the premises of the owner or the person in possession only when, after personal inspection by the officer, he/she determines that there is a suitable secure enclosure on the premises and that other circumstances warrant such action. (4) In the case of stray animals whose ownership is not known, the supervised quarantine required by this division shall be at the Animal Shelter. (5) If evidence of rabies does not develop within ten days after a dog , cat, or ferret is quarantined under this division, the animal may be released from quarantine. If the animal has been confined at the Animal Shelter, the owner or the person in possession shall pay a redemption service fee plus a boarding fee upon reclaiming the animal . Fees will be approved by the Hamett County Board of Commissioners . 2018 S-1 120318 HCBOC Page 200 14 Harnett County -General Regulations (C) Animals bitten by rabid animals . Any domestic animal bitten by a proven rabid animal or animal suspected of having rabies that is not available for laboratory diagnosis shall be destroyed immediately by its owner or the person in possession, an Animal Services Officer, or a Law Enforcement Officer, unless the animal has been vaccinated against rabies more than 28 days prior to being exposed, and is given a booster dose of rabies vaccine with five days of the exposure, or the owner or the person in possession agrees to strict isolation of the animal at a veterinary hospital for a period of six months . (D) Rabid animal testing procedure . An animal diagnosed as having rabies by a licensed veterinarian shall be destroyed and its head sent to the State Laboratory of Public Health. The heads of all dogs and cats that die during a confinement period required by this division shall be immediately sent to the State Laboratory for Public Health for rabies diagnosis . (Ord. passed 6-4-2018) Statutory reference: Provision of local health, see G.S. §§ J30A-34 et seq. and 130A-185 et seq. § 90.07 UNLAWFUL KILLING, RELEASING, AND THE LIKE, OF CERTAIN ANIMALS. It shall be unlawful for any person to kill, subject to the provisions of§ 90.06, or release any animal suspected of having been exposed to rabies, or any animal biting a human, or to remove such animal from the county without written permission from the Animal Control Supervisor or Director. (Ord. passed 6-4-2018) § 90.08 FAILURE TO SURRENDER ANIMAL FOR QUARANTINE. It shall be unlawful for any person to fail or refuse to surrender any animal for quarantine or destruction as required in § 90.06 when demand is made therefore by an Animal Control Officer, Supervisor, or Department Director. (Ord . passed 6-4-2018) Statutory reference: Provision of local health, see G.S. §§ 130A-34 et seq. and 130A-185 et seq. § 90.09 DANGEROUS DOGS. (A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning . DANGEROUS DOG. (a) A dog that without provocation has killed or inflicted severe injury on a person; or (b) Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting . 2018 S-1 120318 HCBOC Page 201 Animal Control 15 OWNER'S REAL PROPERTY. Any real property owned or leased by the owner of the dog, but does not include any public right-of-way or a common area of a condominium, apartment complex, or townhouse development. POTENTIALLY DANGEROUS DOG. Any dog that: (a) Inflicted a bite on a person that resulted in broken bones or broken skin or required cosmetic surgery or hospitalization; or (b) Approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent attitude of attack. INJURY. Any physical injury that result in medical treatment exceeding the cost of $100. GENERAL SERVICES APPOINTED REVIEW COMMITTEE. (a) A three member committee appointed by the General Services Director to complete a record review to determine when a complaint of dangerous dog or potentially dangerous dog is founded . (b) The decision of the Committee can be appealed by either complainant or dog owner. DANGEROUS DOG COMMITTEE. (a) A three member appellate review committee for the General Services Appointed Review Committee. (b) Appointed by Harnett County Board of Commissioners . (B) Exclusions . The provisions of this section do not apply to: (1) A dog being used by a Law Enforcement Officer to carry out the Law Enforcement Officer's official duties; (2) A dog where the injury or damage inflicted by the dog was sustained by a domestic animal while the dog was working as a lawful hunting dog , herding dog, or predator control dog on the property of, or under the control of, its owner or keeper , and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog; or (3) A dog where the injury was inflicted by the dog was sustained by a person who, at the time of the injury, was committing a willful trespass or other tort; was tormenting, abusing, or assaulting the dog; or had tormented, abused, or assaulted the dog; or was committing or attempting to commit a crime. 2018 S-1 120318 HCBOC Page 202 16 Harnett County -General Regulations (C) Pro cedure . (1) The General Serv ices Appointed Review Committee will be responsible for determining when a dog is a dangerous or a potentially dangerous dog. When making the determination that a dog is a dangerous dog or a potentially dangerous dog, Animal Services must notify the owner in writing, giving the reasons before the dog may be considered dangerous or potentially dangerous under this section . The Committee shall consider any written response by the o wner to the written notification . If there is a split decision, the Director or his designee will make the final determination. Once a decision has been made, the owner must provide Animal Services with a current address where the dog will be housed, notify Animal Services within 48 hours of any change in address of the owner or the dangerous dog, and follow all state laws and county ordinances dealing with dangerous or potentially dangerous dogs until all appeals have been exhausted and a final decision rendered , or no appeal is requested, and the decision is final. (2) The owner may appeal the determination of a dangerous dog or potentially dangerous dog to the Dangerous Dog Committee. Notice of appeal is by filing written objections with the Dangerous Dog Committee within ten business days after receiving written notice, together with such appellant's filing fees as may be established by the Hamett County Board of Commissioners. The Dangerous Dog Committee shall schedule a hearing of said appeal and the dog owner and complainant will be notified of the hearing date ten business days prior to said hearing. Until the appeal is final, the dog must be controlled and confined pursuant to the ruling from which the appeal was taken. Any appeal from the final decision of the Dangerous Dog Committee shall be taken to Harnett County Superior Court by filing notice of appeal and a petition for review within ten business days from the final decision of the Dangerous Dog Committee. (3) Appeals from the ruling of the Dangerous Dog Committee shall be heard in the Hamett County Superior Court. The appeal shall be heard de novo before a Superior Court Judge sitting in the county. (D) Precautions against attacks by dangerous or potentially dangerous dogs. (1) If so ordered in the determination made pursuant to division (C)(3), it is unlawful for an owner to: (a) Leave a dangerous dog or potentially dangerous dog unattended on the owner 's real property unless the dog is confined indoors , in a securely enclosed and padlocked pen with a concrete bottom and a secure top, along with the posting of the premises with four clearly visible warning signs adequate to inform the public, including children, of the presence of a dangerous dog, and strategically placed on the property as designated by the appropriate county authority. (b) Permit a dangerous dog or potentially dangerous dog to go beyond the owner's real property unless the owner or guardian has the dog leashed and the leash in hand and the dog muzzled or otherwise securely restrained and muzzled . 2018 S-1 120318 HCBOC Page 203 Animal Control 17 (c) Even in the presence of an owner or others , permit a dangerous dog or potentially dangerous dog on the owner's property, not confined in a secured enclosure , to be without a muzzle. (2) In the division (C) determination, any of the measures included in this division may be waived by the Committee or the Appellate Board, or other similar measures or conditions may be substituted in their place. (3) Within seven days after a dangerous dog or potentially dangerous dog determination becomes final, the owner m ust have the dangerous dog or potentially dangerous dog tattooed with an identification number or micro-chip identification as directed by the Animal Control Manager on the inside of the right hind leg. Within 30 days the dog must be surgically sterilized. Within 72 hours of the death of a dangerous dog or potentially dangerous dog, the owner of the dog shall provide written notification of the dog's death to the Animal Services. If the dog 's body is not available, the notification shall fully identify the dog and shall bear the notarized signature of the owner and a licensed veterinarian, all attes t ing to the dog's death. ( 4) If the owner of a dangerous dog or potentially dangerous dog transfers ownership or possession of the dog to another person, the owner shall provide written notice within 48 ho u rs to: (a) The authority that made the determination under this section, stating the name and address of the new owner or possessor of the dog; and (b) The person taking ownership or possession of the dog, specifying the dog's dangerous behavior and the authority's determination. (5) The person taking ownership of the dog shall notify Animal Services within 48 hours of the dog's change of address and their knowl edge of the Committee's determination . (6) Violation of this division is a misdemeanor punishable by a fine not to exceed $500 or imprisonment for not more than 30 days or both. (E) Violation of conditions; euthanasia. (1) Animal Services may take possession of any dog concerning whom it has cause to believe an owner has violated divis ion (D). For this purpose, the requirements for sufficient cause shall be satisfied if an officer observes the violation or if Animal Services obtains an affidavit setting forth the violation. In the event that a dog, which has been determined dangerous or potentially dangerous, receives a final determination that the conditions imposed pursuant to division (D) have been violated, the dog must be surgically sterilized. An owner who violates division (D) in a willful or negligent manner may be found by the Committee to have forfeited all rights or ownership of the dog; and upon final determination of such violation, the dog may be humanely euthanized by Animal Services . 2018 S-1 120318 HCBOC Page 204 18 Harnett County -General Regulations (2) Appeals from rulings of the Dangerous Dog Committee shall be heard in the Hamett County Superior Court. The appeal shall be heard de novo before a Superior Court Judge sitting in the county. (Ord. passed 6-4-2018) Statutory reference: Similar state law, see G. S. §§ 67-4 .1 and 67-4 . 2 § 90.10 SEIZURE AND IMPOUNDMENT OF ANIMALS. (A) Power of seizure and impoundment. See also G.S . § 19A-70. (1) The Animal Services Officer and other law enforcement officers are empowered to seize and impound the following: (a) Any animal determined to be vicious or a public nuisance under the provisions of this subchapter; (b) Any animal which has been found to be a victim of cruel treatment as determined by the Animal Services Officer or Program Manager ; ( c) Any wild or exotic animal determined to be held in violation of the provisions of this subchapter; and/or (d) Any dog or cat appearing to not be in compliance with the rabies control provisions of this subchapter . (2) Impoundment of such animal shall not relieve the owner or the person in possession thereof from any penalty which may be imposed for violation of this subchapter. (B) Dead animals. Animal Services Officers shall not be required to pick up dead animals. See also G .S. § 106-403 . (C) Dangerous conditions. Animal Services Officers shall not be required, in the process of seizing or impounding animals, to place themselves in a situation which may jeopardize their health or safety. (D) Notification to owners or the person in possession. Upon impoundment, the Animal Services Officer shall make a reasonable, diligent attempt to determine the ownership of the impounded animal , if not already known, and to notify the owner or the person in possession of the impoundment and the procedures for redemption according to the provisions of this subchapter . (E) Impoundment time periods. See also G .S . § 19A-32.1 . (1) Impounded animals shall be held for the following periods of time: 2018 S-1 120318 HCBOC Page 205 Animal Control 18A (a) Impounded stray animals shall be held for 72 hours before becoming available for adoption or euthanas ia . (b) In appropriate cases, the Animal Services Officer may , at his dis cretion, extend th e three day holding period . (c) In appropriate cases, for example, animals which are badly wounded or diseased with a highly contagious disease such as distemper or parvovirus , the Animal Services Officer may u se his/her discretion to reduce the three day holding period and to euthanize the animal immediately or at such appropriate time as determined by the Program Manager. (2) After the holding period, animals may be disposed of by the following methods : (a) By adoption ; (b) By sale pursuant to the provisions of this divis ion; (c) Euthanasia by injection or by a humane euthanasia; or (d) Public auction . (Ord . passed 6-4-2018) § 90.11 REDEMPTION OF ANIMALS. During the time an animal is impounded at the Animal Shelter it shall be available for redemption by the owner or the person in possession unless the animal is under quarantine under the provisions of this subchapter. A redemption service fee shall be charged each time an animal is redeemed plus a boarding fee per day. Fees will be approved by the Harnett County Board of Commissioners . If the owner or the person in possession of an impounded animal can be ident ified and if the owner or the person in possession chooses not to redeem his /her animal, the Program Manager may charge said owner or the person in possession for the animal's boarding and veterinarian costs. In order to recover s aid boarding and veterinarian costs, the Program Manager may adopt or euthanize an impounded animal , if the owner or the person in possession cannot be identified, or if the owner or the person in possession refuses to redeem the animal pursuant to the provision of this subchapter. See also G.S. § 130A-I92 . (Ord . passed 6-4-2018) § 90.12 RABIES VACCINATION TAG. (A) Dogs and cats shall wear rabies tags at all times . (B) It s hall be unlawful for any person to remove the rabies vaccination tag from any d og or cat belonging to another person residing in Harnett County unless by the direction of the owner or the person in pos session. 2018 S-1 120318 HCBOC Page 206 18B Harnett County -General Regulations (C) The Animal Services Officer shall canvas the county to determine if there are any dogs or cats not wearing the required rabies vaccination tag. If a dog or cat is found not wearing the required tag, the Animal Services Officer shall check to see if the owner's or the person in possession's identification can be found on the animal . If the animal is not wearing an owner or the person in possession's identification tag, or if the Animal Services Officer otherwise knows who the owner or the person in possession is, the Animal Services Officer shall notify the owner or the person in possession in writing to have the animal vaccinated against rabies and to produce the required rabies vaccination certificate to the Animal Services Officer within three days of notification . If the animal is not wearing an owner or the person in possession identification tag and the Animal Services Officer does not otherwise know who the owner or the person in possession is, the Animal Services Officer may impound the animal under the provision of § 90 .10. See also G. S. § 130A-192 . (D) Before an owner or the person in possession is charged for violation of this rabies tag provision, the Animal Services Officer shall give the owner or the person in possession the opportunity to produce a rabies vaccination certificate to the Animal Services Officer showing the dog or cat to have been properly vaccinated and if said certificate is produced no citation shall be issued . (Ord. passed 6-4-2018) Statutory reference: Provision of local health, G.S. §§ 130A-34 et seq. and 130A-185 et seq. § 90.13 INHERENTLY DANGEROUS EXOTIC ANIMALS. (A) At no time may any person or persons harbor an inherently dangerous exotic mammal . (1) An inherently dangerous exotic mammal is any member of the canidea, felidae, or ursidae families, including hybrids thereof, which due to their inherent nature, may be considered dangerous to humans. (2) Felidae include any member of the cat family weighing over 15 pounds not customarily domesticated by man, or any hybrids of such felidae , but not including domestic cats (felis catus). (3) Ursidae include any member of the bear family, or hybrids of such ursidae. (B) At no point in time may any person or persons harbor an inherently dangerous reptile. (1) Inherently dangerous reptile is any member of the class reptilian which is venomous or is a member of the order of crocodilian (crocodiles, alligators, and caiman). (2) A venomous reptile shall include all members of the families helodermidae (gila monsters and Mexican bearded lizards), viperdae (vipers), crotalidae (pit vipers), atractaspidae (burrowing asps ), hydrophilidae (sea snakes), and elapidae (cobras, coral snakes, and their allies), as well as any "rear fanged" snakes of the family colubride that are known to be dangerous to humans (including, but not limited to, dispholidus typus (boom slang), thebtornis kirtlandii (twig snake) and rhabdophisspp (keel backs)). 2018 S-1 120318 HCBOC Page 207 Animal Control 18C (C) Owner or person in possession of an inherently dangerous exotic mammal or inherently dangerous reptile is any person or persons , regardless of ownership, who allows an inherently dangerous exotic mammal or inherently dangerous reptile to remain , lodge, or be fed or to be given shelter or refuge within the person's home, store, yard, enclosure, outbuilding, abandoned vehicle or building , place of business, or other premises in which the person resided over which the person has control. (D) This section does not apply to: (1) Veterinarian clinics in possession of such mammals or reptiles for treatment or rehabilitation purposes. (2) Any institute or organization, which exists primarily to educate the public in the areas of science and nature; which receives or has received financial support from federal, state, and/or local governments; which has a paid membership open to and composed of members of the general public; which is directed by a Board of Directors or similar body elected by the membership; and which has been declared a 501(c)(3) exempt organization by the Internal Revenue Services. (3) Non-resident circuses for no longer than one seven-day period , per each separate location where such circus is held within the county, per calendar year. (4) Non-resident carnivals for longer than one seven-day period, per each separate location where such carnival is held within the county, per calendar year. (5) Persons temporarily transporting such mammals or reptiles through the county , provided that such transit time shall not be more than 24 hours . (E) Impoundm ent. (1) Any inherently dangerous exotic mammal or inherently dangerous reptile which is kept by any person in contravention of the above listed divisions of this section may be impounded by the Animal Services Officer for the protection and health of the animal and/or the protection of the public. Whenever possible, the Animal Services Officer shall impound the animal or reptile in the presence of its owner or the person in possession ; however, if such is not practicable, then the Animal Services Officer may impound such animal or reptile consistent with the provisions of this section. (2) If an animal or reptile is impounded pursuant to this section, the owner or the person in possession of the animal or reptile shall be notified by the Animal Services Officer as soon as possible. (3) Any animal or reptile impounded pursuant to this section will be held three days for the owner or the person in possession to claim pursuant to division (E)( 4) of this section, but if the animal or reptile cannot be impounded safely by the Animal Services Officer or if proper and safe housing cannot be found for the animal or reptile, the Animal Services Officer can immediately euthanize the animal or reptile. 2018 S-1 120318 HCBOC Page 208 18D Harnett County -General Regulations (4) The owner or person in possession of the animal or reptile can reclaim the animal or reptile if the person satisfies the Program Manager of the Animal Services Department that a safe transfer of the animal or reptile to an appropriate location outside of the county has been arranged. (5) If no owner or the person in possession can be located or will claim the animal or reptile within three days after impoundment, the Animal Services Department may adopt or euthanize the animal or reptile at the discretion of the Program Manager. (6) All costs of impoundment and care of the animal or reptile will be charged to its owner or the person in possession regardless of whether the animal or reptile is claimed by or returned to said owner or the person in possession. In the event the animal or reptile is reclaimed, such costs shall be paid in full prior to the owner or the person in possession reclaiming the animal or reptile pursuant to division (E)(4) of this section. (Ord. passed 6-4-2018) Statutory reference: Regulation of certain reptiles, G.S. §§ 14-416, 14-417, 14-417.1, 14-417.2, 14-418, and 14-419 § 90.14 CONFLICT WITH OTHER LAWS. Insofar as the provisions of this subchapter are inconsistent with the provisions of any other law, except a provision of state or federal law, the provisions of this subchapter shall control. (Ord. passed 6-4-2018) § 90.15 APPLICATION TO MUNICIPALITIES. (A) Authority in municipalities. Animal Services Officers shall have no authority to enforce this subchapter within the boundaries of any municipality unless the governing body of the municipality negotiates an agreement with Harnett County regarding the enforcement of the provisions of this subchapter within the municipality and repeals any inconsistent ordinance. (B) Non-enforcement of inconsistent ordinances. The Animal Services Officer shall be prohibited from enforcing the provisions of any ordinance or municipal law not adopted according to the provisions of this subcbapter. (Ord. passed 6-4-2018) § 90.16 EFFECTIVE DATE. This subchapter shall be in effect from and after November 15, 1993 . (Ord. passed 6-4-2018) 2018 S-1 120318 HCBOC Page 209 Animal Control ANIMAL CONTROL SPECIFIC TO THE TOWNS OF ANGIER, COATS, ERWIN, AND LILLINGTON § 90.30 PURPOSE AND INTENT. 18E The purpose of this subchapter is to provide and define authority of the county's Animal Control Department within the towns of Angier , Coats, Erwin, and Lillington . The county's Animal Control has charge of protecting the citizens of these towns from rabies transmitted by unconfined, uncontrolled, or un-immunized animals, to regulate animals that may be a nuisance, to ensure that all animals are treated in a humane manner, and in the promotion of responsible pet ownership and animal welfare . The county's Animal Control in cooperation with the towns of Angier, Coats, Erwin, and Lillington are hereby charged with the responsibility of animal control in conjunction within these town's jurisdictions. This subchapter will supersede all town animal control ordinances and shall pertain to the towns of Angier, Erwin, Coats , and Lillington only. The most current county animal control ordinance shall also pertain to the towns in agreement of this subchapter . (Ord . passed 5-5-2008) § 90.31 ESTABLISHMENT OF BIRD SANCTUARY. (A) The area embraced within the corporate limits of the town and all land owned or leased by the town outside the corporate limits is hereby designated as a bird sanctuary. (B) It shall be unlawful to intentionally trap , hunt, shoot, or otherwise kill , within a sanctuary hereby established, any native wild bird. It shall be lawful to trap birds or fowl specifically declared a nui sance by the Town Board when such birds or fowl are found to be congregating in such number in a particular locality that they constitute a nuisance or a menace to health or property. (C) The bird clubs of the town are hereby granted permission to erect artistic signs, giving notice of the regulations therein provided , at such places and of such design as may be approved by the Town Board . (Ord. passed 5-5-2008) Penalty, see§ 90.99 Statutory reference: Bird Sanctuary establishment, see G .S . § 160A -188 § 90.32 HUNTING , KILLING, AND TRAPPING OF ANIMALS. It shall be unlawful for any person to hunt or kill any animal within the territorial limits of the towns. Trapping may be done with permission from the county 's Animal Control Department. This section does not apply to the Police Departments or the county 's Animal Control, or dul y authorized agents when enforcing the provisions provided in this subchapter. (Ord. passed 5-5 -2008) Penalty, see§ 90 .99 2018 S -1 120318 HCBOC Page 210 18F Harnett County -General Regulations § 90.33 KEEPING LIVESTOCK WITIDN THE TOWN/CITY LIMITS. No person may keep within the town any livestock and/or fowl except in accordance with this section. (A) It shall be unlawful for any person to maintain, keep, house, or stable any horse, mule, pony , cow, sheep, goat, or any livestock or fowl within the corporate limits of the town within 500 feet of any residential of commercial building , school grounds, church, or other establishment. (B) It shall be unlawful for any person to maintain, keep, or house any cattle, goat, horse , or other livestock or fowl on a fenced lot containing less than one acre. 2018 S-1 120318 HCBOC Page 211 Animal Control 21 § 90.39 POTENTIALLY DANGEROUS AND DANGEROUS DOGS. It shall be unlawful for a citizen to keep a dog within the corporate limits of the town that has been deemed potentially dangerous or dangerous by the county's Animal Control. (Ord . passed 5-5-2008) Penalty, see § 90.99 § 90.40 INHERENTLY DANGEROUS EXOTIC ANIMALS. The provisions of this chapter regarding inherently dangerous exotic animals (§ 90.14) are incorporated herein by reference and made a part of this subchapter. (Ord. passed 5-5-2008) Penalty, see§ 90 .99 § 90.41 ENFORCEMENT. Primary responsibility for enforcing the provisions of this subchapter is assigned to the county's Animal Control Department. Municipal police departments will assist when needed. (Ord. passed 5-5 -2008) § 90.99 PENALTY. (A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10. 99 of this code of ordinances. (B) Penalties and remedies for §§ 90.01 through 90.16 shall be as follows: (1) Criminal penalties . Notwithstanding any civil penalties outlined herein, any person vio lating any provision of§§ 90.01 through 90.16 may be guilty of a Class 2 misdemeanor under G.S. § 153A .123 or any other applicable section for misdemeanor sentencing. For a continuing violation, each day's violation may be deemed to be a separate offense. (2) Equitable remedies . The provisions of§§ 90.01 through 90.16 may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. (3) Civil penalties. In addition to other remedies for violation of§§ 90.01 through 90.16 , the Animal Control Program Manager or any person authorized by him/her may issue to the known owner or the person in possession or control of said animal, a citation giving notice of the violation of this subchapter. Any such official shall be authorized to secure the name , address , and birth date of the owner or the person in possession of the animal in violation. Citations issued may be delivered in person or mailed by registered or certified mail to the person charged if he/she cannot otherwise be readily 2018 S-1 120318 HCBOC Page 212 22 Harnett County -General Regulations located. Any such citation shall impose upon the owner or the person in pos session a civil penalty appro ved by the Harnett County Board of Commissioners. Said penalties must be paid within 20 consecutive days to the County Department of General Services or the Animal Services Shelter. In the event the owner or the person in possession of the animal or v iolator does not appear in response to the aforementioned citation, or if the applicable penalty is not paid within the time prescribed, a criminal summons shall be issued against the violator, owner, the person in possession, or person having custody of the animal in violation of this subchapter , and upon conviction, the violator, owner, the person in possession, or the person having custody of the animal shall be punished as the court presc ribes under division (B)(l) of this section. (C) (1) Penalties and remedies for§§ 90.30 through 90.41 shall be in accordance with division (B) above . (2) Any owner found in violation of§ 90.39 will be required to release the dog to the county's Animal Control Department for euthanasia and will face a civil fine of $400 . (Ord. passed 4-17-2006 ; Ord . passed 5-5-2008 ; Ord. passed 6-4-2018) 2018 S -1 120318 HCBOC Page 213 TITLE XI: BUSINESS REGULATIONS Chapter 110. SANITARY LANDFILLS AND DISPOSAL FACILITIES 111. COUNTY AIRPORT 112 . SAFETY SERVICES AND BUSINESSES 113. MILITARY PROPERTY SALES 114. CABLE TELEVISION 115. INSULATION AND ENERGY UTILIZATION LICENSING 116. MASSAGE AND MASSAGE PARLORS 117. AMUSEMENTS AND RECREATION 118. ALCOHOLIC BEVERAGES 1 2018 S-1 120318 HCBOC Page 214 2 Harnett County -Business Regulations 120318 HCBOC Page 215 CHAPTER 118: ALCOHOLIC BEVERAGES Section 118.01 Sunday alcohol sales § 118.01 SUNDAY ALCOHOL SALES. Pursuant to the authority granted in G.S. § 153A-145. 7, the sale of malt beverages, unfortified wine, fortified wine, and mixed beverages is allowed in the unincorporated areas of Hamett County beginning at 10:00 a.m. on Sunday pursuant to the licensed premises' permit issued under G.S. § 18B-1001. (Ord. passed 2-19-2018) 109 2018 S-1 120318 HCBOC Page 216 110 Harnett County -Business Regulations 120318 HCBOC Page 217 Unified Development Ordinance 179 (5) Compatibility design concept table. ... ~ ... .:I ~ c.:, ~ .:: ::s ~ c:i::i ~ ... ~ a ~ i:: ... ~ ~ ~ ~ "" ::: E: :s ~ ·c: :: "' i:: i ~ "' l:::I ~ ~ l .., ~ :-;: ~ I ~ ] l:::I ~ "' ~ ::5 :a,. Vl ~ ~ ~ ~ ;:.; ~ ... E--. .~ ... ::.;. ~ -~ ~ ... ::: ... t i:: ~ i:: ~ ::s ... i: l:::I {l ~ l i ·c: ~ ~ ,:,, J ~ a ~ ~ ~ ~ ~ i::i:: ti5 Vl ~ RA-40 ZONING LAND USE CLASS: W, MDR, RC, CMU, EMU, ARR, ESA, PA :e:. 40,000 sq. ft . minimum lots 150' 35' 25 ' 10 ' 20' 0 % - ----- ~ 35,000 sq. ft . minimum lots 150' 35' 25 ' 10' 20' 0 % ---1 -- ~ 28,000 sq. ft . minimum lots 100' 35 ' 25' 10 ' 20' 10% ./ ./ -1 -- LAND USE CLASS: MDR, RC, CMU, EMU ~ 21,000 s q. ft . minimum lots 100' 35' 25' 10' 20' 20% ./ ,/ -1 -- ~ 17,500 sq. ft. minimum lots 80' 35' 20 ' 10' 10' 30% ./ ./ -2 29' ./ RA-30 ZONING LAND USE CLASS: W, MDR, RC, CMU, EMU, ARR, ESA, PA :e:. 30,000 sq. ft. minimum lots 100 ' 35' 25' 10' 20' 0 % -- - --- :e:. 25,000 sq. ft. minimum lots 100' 35 ' 25 ' 10' 20' 0 % - --1 -- ~ 20,000 sq. ft. minimum lots 80' 35 ' 20 ' 10' 20' 10 % ,/ ,/ -1 -- LAND USE CLASS: MDR, RC, CMU, EMU ~ 15,000 sq. ft. minimum lo ts 80 ' 30' 20' 10' 20' 20 % ,/ ,/ -1 -- ~ 12,500 sq. ft . minimum lots 70' 25' 20' 10' 20' 30% ,/ ,/ -2 29' ,/ 2018 S-1 120318 HCBOC Page 218 180 Harnett County -Land Usage ... "' t: ::s c.=, ~ I -e ~ a !:: ... ~ "' "C::S ~ .., :: ... ·~ "' i::s § -:s ~ .., ~ ::: ~ "' ~ "' ~ ~ ~ "' .t1 ::,. ~ ~ V) :: ~ ... :::5 ~ ~ ~ ... "' 13 ~ "' ~ ... ... ... ;: ·E ... ... :: ~ t "' -"' ... i:: i ~ :s ~ ~ ~ "' 8 ~ ~ ~ ~ i:i::: l:'.l ~ V) vS RA-20R(M) ZONING LAND USE CLASS: LD, MDR, RC, CMU, EMU, ARR, ESA, PA ~ 20,000 sq. ft. minimum lots 80' 35' 25' 10' 20' 0% ------ ~ 15,000 sq. ft. minimum lots 80 ' 30' 20' 10' 20' 0% ./ ./ -1 -- ~ 12,000 sq. ft. minimum lots 70' 25' 20' 10' 20' 20% ./ ./ -2 29 ' - LAND USE CLASS: MDR, RC, CMU, EMU ~ 9,000 sq . ft. minimum lots 70' 20' 15' 5' 15' 20 % ,/ ./ -2 29' ./ ~ 7,500 sq . ft. minimum lots 70' 20' 15' 5' 15' 30 % ,/ ./* -2 29' ./ LAND USE CLASS: RC, CMU, EMU ~ 6,000 sq. ft. minimum lots 60' 15' 10 ' 5' 15' 40% ,/ ./* ./ 2 29' ./ -: OPTIONAL I ./: REQUIRED I 1: PUBLIC WATER OR SEWER I 2: PUBLIC WATER AND SEWER (D) Nonresidential Zoning minimum dimensional requirements. Zoning District IND LI COMM O&I CONS HCO Maximum Building height, unless 35 ft . 35 ft. 35 ft . 35 ft. 35 ft. UD otherwise pennitted Minimum front yard setback 50 ft. 50 ft . 35 ft . DP 35 ft .3 ' 50 ft Minimum lot area (square feet) 43,560 43,560 30,000 DP 30,000 UD Minimum lot width 150 ft . 150 ft. 100 ft. DP 100 ft . UD Minimum rear yard setback 25 ft .1• 25 ft .1' 25 ft . DP 25 ft . 3 ' UD Minimum side yard setback 0 ft .1' 0 ft.1' 0 ft. 2• DP 10 ft .3' UD Minimum side yard setback, corner lot 25 ft .1'4 ' 25 ft .1'4 ' 20 ft .4 ' DP 20 ft . UD 2018 S-1 120318 HCBOC Page 219 Zoning District IND Unified Development Ordinance LI COMM O&l 181 CONS HCO 1 * shall mean the listed requirement stands unless adjacent property is zoned r esidential; then the setback shall be 50 feet. 2* shall mean the listed r equirement stands unless adjacen t property is zoned residential ; then the setback shall be 20 feet. 3* shall mean that the listed requirement stands and applies to single-famil y dwellings with exception that when the s ingle-family dwelling yard is located adjacent to the rivers or creeks (listed below ) the yard requirement shall be as follows: Minimum yard for Cape Fear : 250 ft. Minimum yard for Black River : 150 ft. Minimum yard fo r other cr eeks: 100 ft. 4* shall mean the listed requirement stands unless the lot is adjacent to an access easement and /or private street; then the setback shall be 15 feet. UD shall stand for "Underlying Zoning District" meaning that , where indicated , the regulations of the underlying zoning district shall prevail . DP shall stand for "development plan" meaning that, where indicated , the regulations fo r the specified item shall be stated in the required development plan in accordance with§ 153 .066(C)(2). (E) Nonresidential minimum dimensional and amenity requirements for major subdivision s. Nonresidential major subdivision shall meet the requirements of this chapter for residential major subdivisions, except in the following cases . (1) All lots shall meet the standard minimum lot size of the zoning district in which they are located . (2) Concrete curb and gutter shall be required. (3) Sidewalks shall be required on all lots . The final subdivision plat shall include a notation regarding maintenance of sidewalks . ( 4) At least one public utility , either water or sewer, shall be available. (5) (a) When located adjacent to a residential zoning district, a perimeter buffer shall be required , as required by this chapter. 2018 S-1 120318 HCBOC Page 220 182 Harnett County -Land Usage (b) The buffer shall be installed prior to approval of the final subdivision plat . (c) Specific uses may require additional buffering or screening at the time of site plan review . (Ord. passed 10-17-2011; Res. pas sed 6-18-2012; Res. passed 3-21-2016; Res. passed 6 -18-2018) USE REGULATIONS § 153 .105 USE TYPES AND REGULATIONS. (A) General applicability. (1) Any use not specifically designated as either a permitted or conditional use in a zo ning district is prohibited. Uses not listed may be included by following the amendment process described elsewhere in this chapter. The following use shall be expressly prohibited: abandoned manufactured homes. (a) Unless otherwise provided, manufactured homes that are considered to be abandoned according to the definition for abandoned manufactured homes shall be prohibited in all zoning districts within the county. Once a determination has been made by the Administrator or his or her authorized agent that a manufactured home is abandoned, then the Administrator shall take action to abate the violation using any of the enforcement procedures in § 153.999. (b) The county may require the removal of junked or abandoned manufactured homes from public grounds, including, but not limited to, public or private street right(s)-of-way or private property upon finding that such removal is necessary and desirable to promote or enhance community, neighborhood, or area appearance or to abate public health or safety nuisances . (2) Existing nonresidential developments applying for permits to expand shall follow the requirements indicated in division (B) below. 2018 S-1 120318 HCBOC Page 221 Unified Development Ordinance 182A (B) Table of use types and regulations. ~ § C I C ~ ~ ~ ~ I:::) 1!§ ~ E5 -.J c:::i ~ ... "';l ~ ~ ~ t;:1 :::: ... 8 ~ 8 ~ ~ ~ ~ ~ !:s ::::i ... -.J ll.; tQ ACCESSORY USES AND STRUCTURES Customary home occupations P* P* P* P* l Education: typically related p p p p p p p See O&I accessory uses (e.g., dormitories, District modular units, stadiums, Regulations auditoriums, museums and the like) 2018 S-1 120318 HCBOC Page 222 182B Harnett County -Land Usage 120318 HCBOC Page 223 2018 S-1 REFERENCES TO NORTH CAROLINA GENERAL STATUTES G.S. Section Chapter 14 Chapter 14, Article 26 Chapter 14, Article 27 14-4 14-4(a) 14-81 14-82 14-85 14-100 14-360 14-361.1 14-362.3 14-409.46 14-415.23(d) 14-416 14-417 14-417 .1 14-417 .2 14 -418 14-419 15-27 .2 18B-1000 18B-1001 19A-20 et seq. 19A-23 19A-32.1 19A-48 19A-70 27B-3 Chapter 47A 47-30.2 4 7 A-1 et seq. Chapter 62A 62A-5 67-1 et seq . 67-2 3 Code Section 91.99 116.05 , 116.08 , 116.10 116.05 , 116.08, 116.10 50.99, 52 .999 , 92.99, 93 .99, 111.99 , 112.33 , 150.99, 153 .999 10.99 90 .05 90 .05 90 .05 90 .05 90 .05 90 .05 90.05 92 .28 130.25 90 .13 90 .13 90 .13 90 .13 90.13 90.13 153 .318 153 .021 118 .01 90 .05 90.05 90 .10 90.01 90 .10 113 .06 153.107 153 .284 153 .021, 153 .107 31.02 31.21 90 .03 90 .05 120318 HCBOC Page 224 4 Harnett County -Parallel References 2018 S-1 G.S. Section Code Section 67-4.1 67-4.2 67-4.3 67-12 67-30 et seq . 7 4-46 et seq. 74C-3 Chapter 87 Chapter 89A Chapter 105, Article 18 105-271 et seq. 105-277.2 105-277.3 105-277.4 105.277 .5 105.277.6 105 -277.7 105-316 105-316(a)(l) 105-316.1 et seq. 106-403 106-581.1 106-735 through 106-744 106-740 106-743.2 106-743.4 106-744(e)(l) 106-758 Chapter 113, Sub chapter IV Chapter 121 121-35 127B, Article 1 127B-5 127B-6 127B-7 Chapter 130A Chapter 130A, Article 9 130A-34 et seq. 130A-184 et seq. 130A-185 et seq . 130A-192 130A-200 130A-247 90.05 , 90.09 90 .05, 90.09 90.05 90.05 90.01 153.115 112.11 115.02 153.227 150.40 150.40 152.055 152.055, 153.021 152 .055 152.055 152.055 152.055 150.40 153.061 150.40 90.10 153.021 152.002 152.100 153.021 153.021 152.028 153.021 130.10 92.05 152.055 113.03 113.99 113.08 113 .99 112 .05, 112.06 110 .01 90 .03 , 90.06, 90.08, 90.12 90 .03 90.03, 90.06, 90.08, 90.12 90 .11 , 90.12 90 .05 153.111 120318 HCBOC Page 225 2018 S-1 References to North Carolina General Statutes 5 G. S. Section 130A-248 130A-290 130A-290(a)(6) 130A-290(a)(35) 130A-290(a)(36) 130A-309.09A 130A-309.51 through 130A-309.64 Chapter 133 136-44 .14 136-133.2 139-1 et seq. 143-507 et seq. Chapter 143, Article 9A Chapter 143, Article 21, Part 6 143-138(b) 143-143.15 143-151.8(a)(3) 143-213(18) 143-215.1 143-215.l(b) 143-215. l(g) 143-215.3(a)(14) 143-215.6B 143-215.6B(f) 143-215.6B(g) 143-215.6B(h) 143-215 .6B(i) 143B-165 Chapter 153A Chapter 153A, Article 6, Part 121 Chapter 153A, Article 18 Chapter 153A, Article 18 , Part 3 Chapter 153A, Article 18 , Part 4 153A-47 153A-49 153A-121 153A-121 et seq. 153A-122 153A-123 153A-123(c) 153A-123(d) Code Section 153.111 153.024 153.024 153.024 153.024 110 .05 50.07 92 .05 153.162 153.044, 153.159 10.18 112.05, 112.06 150.40 153.245 151.002 153.248 151.026 52.002 52.002, 52.004 52 .004 52 .004 52.002 52 .086 52.086 52.086 52.086 52.086 112.01 92.05, 152.002, 153.004, 153.020 153.245 151.001 153.245 153.245 93.07 10.01, 10 .19, 10.20 50.02, 91.10, 112.11 90.01 92.06 , 115.02 , 115.08, 130.04, 131.04 90.99, 111.99, 114.062, 115 .99, 116.11, 116.27, 130.99, 131.99, 150.99, 153.321 112.33 50.99 120318 HCBOC Page 226 6 Harnett County -Parallel References 2018 S-1 G.S. Section Code Section 153A-123(e) 153A-128 153A -129 153A-132 .1 153A -134 153A-136 153A-137 153A-145. 7 153A-149(c)(31) 153A-239 . l 153A-274 153A-275 153A-277 153A-292 153A-292(b) 153A-293 153A-320 153A-323 153A-330 153A-331 153A-334 153A-343 153A-344.l 153A-345(b) 153A-345. l 153A-349 .3 153A-349 .53 153A-349 .8 153A-358 153A-362 153A-366 153A-368 153A-369 Chapter 160A , Article 19 160A-188 160A-312 Chapter 162 162A , Article 6 162A, Article 8 162A-85 .5 162A-85 .13 162A -88 50.99 91.10, 131.03 130.03 50.02 115.01 50 .02, 91.10 114.002 118 .01 50.02 153 .135 50.02 51.01, 52.001, 111 .01, 150.03 51.01 50.02, 50 .08 50.08 50 .08 153.277 153.069, 153.092, 153.137, 153 .300 153.067 153.067 153.061 153 .300 153.021 , 153.024, 153.069, 153 .069 153.137 153.279 153.137 153.115 153 .137 153.069 153 .069 151.074 151.074 151.074, 151.999 151.012 90 .31 52.00 1 114 .030 51.01, 51.02 51.01 51.01 51.01 51.01 120318 HCBOC Page 227 2018 S-1 References to North Carolina General Statutes G. S. Section 162A-92 162A-205 Chapter 166A Code Section 51.01 51.38 32.06 6A 120318 HCBOC Page 228 6B Harnett County -Parallel References 120318 HCBOC Page 229 Res. No. 2018 S-1 REFERENCES TO RESOLUTIONS Date Passed 8-6-1984 1-3-1989 5-15-1989 12-4-1989 12-1-2003 8-2-2004 4-16-2011 5-21-2012 6-18-2012 9-17-2012 2-17-2014 11-17-2014 5-18-2015 10-19-2015 3-21-2016 3-21-2016 10-17-2016 1-17-2017 6-18-2018 7 Code Section 52.029 30.01 -30.24 150.05 30.06 150.41 52.029, 52.999 153.139, 153.151, 153 .277 153.021, 153.105 153.061, 153.093, 153.108, 153 .110, 153 .114, 153.115, 153.131, 153.159 153.021, 153.105 153.021, 153.044, 153.092, 153.115 , 153 .151, 153.159, 153.279, 153.303 153.111 153.021, 153.045, 153.047, 153.064, 153.115, 153.151, 153.163, 153.320, 153.321 153.021, 153.061, 153.105, 153.111 153.093, 153.105, 153 .107 , 153 .112, 153.115 , 153 .153 153.105 153.132 153.159 153.093 120318 HCBOC Page 230 8 Harnett County -Parallel References 120318 HCBOC Page 231 Ord. No. REFERENCES TO ORDINANCES Date Passed 7-3-1972 7-21-1975 7-19-1976 7-19-1976 7-7-1981 8-3-1981 10-18-1982 6-4-1984 7-23-1984 12-2-1985 2-3-1986 10-17-1988 2-5-1990 7-23-1990 8-19-1991 9-24-1991 8-3-1992 2-1-1993 6-21-1993 7-21-1997 7-6-1999 12-4-2000 9 Code Section 115.01 -115.10, 115 .99 150 .22 150 .40, 150. 99 151 .001 -151.012, 151.025 -151.033, 151.045 -151.056, 151.070 -15 1.076, 151.999 51.04 117 .01, 117. 99 93.01 -93.07, 93.99 116.01 -116.11 , 116.99 116.25 -116.28, 116. 99 112.25 -112.33, 112.99 150.03, 150.99 114.001 -114.003, 114.015 -114.019, 114.030 -114.032, 114.045-114 .049, 114.060 -114 .070, 114.085 -114.099 , 114.110-114.114, 114.999 91.01 -91.14, 91.99 52.029, 52.999 150.20 -150.28 113.01 -113.09, 113.99 150.01 110.25 -110 .31, 110. 99 50.01 -50.12, 50.99 150.01 150.02 50.08 150.02 31. 0 1 -31. 04, 31. 06 -31. 08, 31. 20 - 31.24, 31.99 150.02 112.01 -112.11, 112.99 154 .01 -154.08 , 154 .20 -154 .26, 154.35 -154 .37, 154.45 -154.54, 154.99 120318 HCBOC Page 232 10 Ord. No. 2018 S-1 Harnett County -Parallel References Date Passed 3-19-2001 3-18-2002 6-17-2002 8-16-2004 4-17-2006 6-4-2007 10-15-2007 5-5-2008 9-7-2010 9-6-2011 10-17-2011 12-5-2011 7-16-2012 6-17-2013 12-16-2013 10-20-2014 2-2-2015 3-16-2015 3-16-2015 4-6-2015 4-20-2015 6-30-2015 10-19 -2015 Code Section 31 .05 31.20 154 .01 -154.08 , 154 .20 -154 .26, 154.35 -154 .37 , 154.45 -154 .54 , 154.99 111.01 -111.14 , 111.25 -111.30, 111.45 -111 .51 , 111.99 90.99 31 .05 152.001 -152.008, 152 .020 -152.028 , 152 .040 -152 .042 , 152 .055, 152 .070 - 152 .072, 152 .085 -152 .086, 152 . 100 - 152.101, 152 .115 -152 .117 90 .30 -90.41, 90.99 54.01 -54 .13, 54.99 110.01 -110.10 153.001 -153.007, 153 .020 -153 .025, 153.040 -153.047, 153.060 -153.069, 153 .080 -153.093, 153 . 105 -153 .115, 153.130 -153 .139, 153 .150 -153 .164, 153 .175 -153.178, 153.190-153 .193, 153.205 -153 .207, 153 .220 -153.230, 153 .245 -153 .248, 153 .260 -153 .262 , 153 .275 -153 .285, 153 .300 -153 .304, 153.315 -153 .322, 153 .999 52.001 -52.007, 52.020 -52 .030, 52.045 -52.059, 52.070 -52.072, 52.085 -52.087 , 52.999 53 .01 -53.05 , 53.99 92 .01 -92.10, 92.25 -92 .31, 92.99 32 .01 -32.09, 32 .99 150.02 130 .01 -130 .10, 130.99 130 .01 -130.10, 130 .99 131.01 -131.09 , 131.99 152.027 , 152 .055, 152 .071 , 152.115 130.25 -130 .26 51.01 -51.03, 51.15 -51.41 , 51.55 -51.61 33.01 120318 HCBOC Page 233 Ord. No. 2018 S-1 References to Ordinances Date Passed 10-3-2016 10-17-2016 11-21-2016 2-16-2017 3-20-2017 7-1-2017 2-19-2018 6-4-2018 6-4-2018 7-16-2018 Code Section 33.01 33 .01 33 .01 33 .01 91. 30 -91. 36 150.04 118.01 Adopting Ordinance 90.01 -90 .16 , 90. 99 51.01 -51.03, 51.15 -51.41, 51.55 - 51.61 11 120318 HCBOC Page 234 12 Harnett County -Parallel References 120318 HCBOC Page 235 AIRPORT ; COUNTY Airport Manager authority , 111 .14 Allocation of Airport space, 111.12 Authority, 111.01 Index Conflicts with existing agreements or federal law , 111.05 Definitions , 111.06 General Airport information , 111.08 General Use of Airport Authorization , 111.25 Disposal, 111 . 30 Indemnification of owner , 111. 27 Non-commercial, 111. 26 Solicitation, 111.29 Violations , 111.28 No private right of action , 111.10 Other laws , 111.13 Penalty, 111. 99 Purpose, 111.02 Rules and Regulations Aircraft operations regulations, 111. 46 Fire regulations , 111.48 Minimum requirements for all fixed base operations , 111.49 Motor vehicle regulations, 111.45 Receiving and processing applications for commercial operations , 111.50 Rules for fueling operations, 111. 4 7 Special airport uses, 111. 51 Scope, 111.07 Special aviation service operations (SASO), 111 .04 State and federal law, 111.11 Statement of policy , 111 . 03 Violation of rules and regulations, 111.09 ALARM SYSTEMS Alarm logs, 112.31 Allocation of revenues, 112.33 Application for permit to use and operate an alarm system, 112.29 Authority , 112.25 Definitions , 112.27 Installation and maintenance of alarm receiving system, 112.32 Penalty, 112 .99 Purpose, 112.26 Registration of alarm companies , 112 .28 Right of inspection , 112.30 5 120318 HCBOC Page 236 6 Harnett County -Index ALCOHOLIC BEVERAGES Sunday alcohol sales , 118 .01 ALLEY AND WALKWAY CLOSINGS , 153 .068 (See also UNIFIED DEVELOPMENT ORDINANCE) AMBULANCE SERVICE Ambulance franchise standards, 112. 04 Communications standards, 112.07 Definitions , 112.01 Drivers and attendants standards, 112 .05 Enforcement, 112.02 Franchise required; fee, application, and the like, 112.03 Inspection of records authorized, 112 .11 Insurance, 112.08 Penalty, 112 . 99 Rates and charges, 112.10 Records, 112.09 Vehicles and equipment standards, 112.06 AMUSEMENTS AND RECREATION Carnival , 117 .01 Penalty, 117.99 ANIMAL CONTROL Animal Control Specific to the Towns of Angier, Coats, Erwin, and Lillington Confinement and running at large, 90 .36 Enforcement, 90. 41 Establishment of bird sanctuary, 90 . 31 Hunting, killing , and trapping of animals, 90 .32 Impoundment and reclaiming of captured animals , 90 .38 Inherently dangerous exotic animals , 90.40 Keeping livestock within the town/city limits, 90.33 Number of cats permitted, 90.35 Number of dogs permitted, 90.34 Possession of animals and strays, 90.37 Potentially dangerous and dangerous dogs , 90 .39 Purpose and intent, 90.30 Harnett County Animal Services Ordinance Animal control; offenses, 90 .05 Application to municipalities, 90 .15 2018 S-1 Authority and responsibility of Animal Control, 90.03 Authority and responsibility of the Animal Shelter, 90.04 Conflict with other laws, 90 .14 120318 HCBOC Page 237 Index ANIMAL CONTROL (Cont'd) Harnett County Animal Services Ordinance (Cont'd) Dangerous dogs, 90.09 Definitions, 90. 02 Effective date , 90.16 Failure to surrender animal for quarantine, 90.08 Inherently dangerous exotic animals, 90.13 Purpose, 90.01 Rabies control , 90. 06 Rabies vaccination tag, 90.12 Redemption of animals, 90.11 Seizure and impoundment of animals, 90.10 Unlawful killing, releasing, and the like, of certain animals, 90.07 Penalty, 90 . 99 BOARD OF ADJUSTMENT, 153.279 (See also UNIFIED DEVELOPMENT ORDINANCE) BUILDING CODE ADOPTED, 151.003 (See also REGULATORY CODES) BUILDINGS; UNSAFE (See also REGULATORY CODES) Condemnation, Repair, and Demolition of Unsafe Buildings Action in event of failure to take corrective action, 151.074 Appeal; finality of order if not appealed, 151.076 Defects in buildings to be corrected, 151.071 Order to take corrective action, 151.075 Periodic inspection, 151. 070 Removing notice from condemned building, 151.073 Unsafe buildings condemned, 151.072 CABLE TELEVISION Administration and Conditions Franchisee application, 114 .114 Miscellaneous provisions, 114 .112 Regulatory entity, 114 .113 Rights reserved to the franchisee, 114.111 Rights reserved to the county, 114. 110 Construction Provisions; Use of Streets and Pole Attachments Changes required by public improvement, 114.061 Construction schedule, 114.060 2018 S-1 Construction standards; clearance aboveground, 114.069 Facilities not be hazardous or interfere, 114.064 7 120318 HCBOC Page 238 8 Harnett County -Index CABLE TELEVISION (Cont'd) Construction Provisions; Use of Streets and Pole Attachments (Cont'd) Maintenance and alteration of the system after construction , 114.070 Methods of installation, 114.065 Pole use, 114 .062 Prohibition of signal distribution by others, 114. 067 Requests for removal or change, 114.068 Subscriber's underground installation option, 114.066 Use of existing poles or conduits , 114.063 Definitions, 114.003 Franchising Regulations Acceptance of franchise; effective date, 114.017 Franchise area and extension of service, 114.019 Franchise required, 114.015 Procedure for granting a franchise, 114 .016 Provisions governing the term, renewal, renegotiation , and transfer of a franchise, 114 .018 Operations and Maintenance Annual reports, 114.098 Complaint log, 114.088 Complaint review procedures, 114. 090 Complaints regarding service deficiencies, 114. 089 Consumer complaint response, 114.085 Current reports, 114. 094 Filings and communications with regulatory agencies , 114. 096 General reports, 114.099 Interruption of service to subscribers, 114. 086 Open books and records, 114 .093 Permits and authorizations, 114. 095 Quarterly reports , 114 .097 Sale and service of receivers prohibited, 114.091 Service force required, 114.087 Use of production equipment, 114.092 Penalty, 114.999 Purpose and authority, 114 . 002 Rates and Charges Insurance ; bonds, 114.032 Payment to the county , 114. 031 Regulation of rates, 114.030 Short title, 114.001 System Design Provisions Emergency override, 114 .045 Standby power, 114.046 State of the art, 114. 048 System carriage, 114.049 System standards, 114.047 120318 HCBOC Page 239 Index SEWER AND WATER GENERALLY (See also SEWER USE and WATER SHORT AGE AND CONSERVATION) Authority, 51.01 Definitions, 51.02 Delinquent service fees , 51. 03 Extensions Acquisition of easements for developers in county participation projects , 51. 56 Dedication of water and sewer line extensions, 51.61 Extension made by other than HCDPU personnel , 51.59 Extension of water and sewer lines within county, 51. 57 Extensions outside of county, 51. 58 Observation by HCDPU of work done by others, 51.60 Water and sewer extensions in new developments, 51.55 Fee schedule, 51.04 Regulations, Connections, and Conditions Access to premises, 51.34 Adjustment of overcharges, 51.24 Application for connection, 51.17 Bulle water usage, 51.26 Change of occupancy, 51. 35 Classifications, rates , fees, and charges , 51.38 Complaints; adjustments, 51.37 Connection t o be made by HCDPU only upon application, 51.16 Connection t o existing systems, 51.39 Connection to other supply and cross-connection control, 51.22 Connections and meters to remain property of H CD P U , 51. 20 Consumer's responsibility, 51. 3 3 Disapproval of application, 51.18 HCDPU's responsibility and liability, 51.32 Initial or minimum charge, 51.31 Maintenance of meters and connections, 51.21 Meter tests, 51. 25 No guarantee of quality, quantity, or pressure of water supply , 51.28 Procedures, 51.30 Protection of water supply, 51. 29 Provision for cut-off valve, 51.41 Separate water and sewer connections and meters required, 51.19 Sprinkler connections, 51. 40 Suspension of service, 51.36 Tampering with meters and stopcocks, 51.27 Water laterals and tap -on, 51.15 When water meters read, 51.23 2018 S-1 25 120318 HCBOC Page 240 26 Harnett County -Index SEWER USE (See also SEWER AND WATER GENERALLY) Adjudicatory hearings , 52.007 Annual publication of significant noncompliance policy, 52 .006 Compliance Monitoring Inspection and sampling, 52 .071 Monitoring facilities , 52.070 Search warrants, 52 . 072 Confidential information policy, 52. 005 Definitions and abbreviations, 52.002 Fees , 52 .003 General Sewer Use Requirements Accidental discharge/slug control plans, 52 .027 Affirmative defenses to discharge violations, 52 .030 Connections required , 52.029 Dilution , 52. 025 Hauled wastewater, 52.028 Local limits, 52 .022 National categorical pretreatment standards , 52.021 Pretreatment of wastewater, 52. 026 Prohibited discharge standards , 52.020 Right of revision, 52 .024 State requirements, 52.023 Penalty, 52.999 Purpose and policy , 52 .001 Remedies Administrative remedies, 52.085 Other available remedies, 52.086 Remedies nonexclusive, 52 .087 Reporting Requirements Analytical requirements, 52 .054 Baseline monitoring reports, 52 .045 Compliance schedule progress reports, 52 .046 Electronic reporting , 52 .058 Notice of violation/repeat sampling and reporting, 52. 052 Notification of the discharge of h azardous was te, 52 .053 Periodic compliance reports , 52.048 Record keeping , 52 .057 Reports from unpermitted users, 52 .051 Reports of changed conditions , 52.049 Reports of potential problems , 52.050 Reports on compliance w ith categorical pretreatment standard deadline , 52. 04 7 Sample collection, 52.055 Special reporting requirements for IUs in satellite POTWs, 52 .05 9 Timing, 52.056 Wastewater di scha rge permit appli cation and issu ance, 52 .004 120318 HCBOC Page 241 Index VOLUNTARY AGRICULTURAL DISTRICT (Cont'd) Purpose, 152.003 Revocation and Renewal of Conservation Agreement Renewal, 152.086 Revocation, 152.085 State agency notification , 152.008 Subdivision ordinance and zoning ordinance review, 152.005 Title, 152.001 WALKWAY CLOSINGS , 153.068 (See also UNIFIED DEVELOPMENT ORDINANCE) WASTEWATER (See SEWER USE) WATER AND SEWER GENERALLY (See also SEWER USE and WATER SHORTAGE AND CONSERVATION) Authority, 51.01 Definitions, 51 . 02 Delinquent service fees, 51.03 Extensions Acquisition of easements for developers in county participation projects, 51. 56 Dedication of water and sewer line extensions, 51. 61 Extension made by other than HCDPU personnel, 51.59 Extension of water and sewer lines within county, 51. 57 Extensions outside of county, 51.58 Observation by HCDPU of work done by others, 51.60 Water and sewer extensions in new developments , 51.55 Fee schedule, 51.04 Regulations, Connections, and Conditions Access to premises, 51.34 Adjustment of overcharges, 51.24 Application for connection, 51.17 Bulk water usage, 51.26 Change of occupancy , 51. 35 Classifications, rates, fees, and charges, 51.38 Complaints; adjustments, 51.37 Connection to be made by HCDPU only upon application , 51.16 Connection to existing systems, 51.39 2018 S-1 Connection to other supply and cross-connection control, 51.22 Connections and meters to remain property of HCDPU, 51.20 Consumer's responsibility, 51.33 Disapproval of application, 51.18 HCDPU's responsibility and liability, 51.32 Initial or minimum charge, 51. 31 33 120318 HCBOC Page 242 34 Harnett County -Index WATER AND SEWER GENERALLY (Cont'd) Regulations, Connections , and Conditions (Cont 'd) Maintenance of meters and connections , 51. 21 Meter tests, 51. 25 No guarantee of quality, quantity, or pressure of water supply, 51 .28 Procedures, 51. 30 Protection of water supply, 51. 29 Provision for cut-off valve, 51.41 Separate water and sewer connections and meters required, 51 . 19 Sprinkler connections , 51. 40 Suspension of service , 51.36 Tampering with meters and stopcocks, 51.27 Water laterals and tap-on, 51.15 When water meters read, 51.23 WATER SHORT AGE AND CONSERVATION (See also WATER AND SEWER GENERALLY) Adjudicatory hearing/appeals and variance protocols, 54.11 Chapter revision and public comment, 54 .13 Definitions, 54 . 03 Effectiveness, 54.12 Enforcement, 54 .10 Objectives of chapter, 54. 02 Penalty, 54.99 Procedure for implementation of water shortage plans, 54. 04 Purpose and application, 54 .01 Water conservation stage I -voluntary water shortage alert, 54.05 Water conservation stage II -water shortage warning, 54. 06 Water conservation stage ill -water shortage emergency, 54. 07 Water conservation stage IV -water shortage crisis , 54 . 08 Water conservation stage triggers, 54 .09 WATER SUPPLY WATERSHED (See also UNIFIED DEVELOPMENT ORDINANCE) Development regulations, 153.261 Exceptions to applicability, 15 3 . 260 Public health regulations, 153.262 WATERSHED REVIEW BOARD, 153.280 (See also UNIFIED DEVELOPMENT ORDINANCE) WEAPONS Concealed Handguns on County Property Location of signs, 130.26 Posting of signs required , 130 .25 2018 S-1 120318 HCBOC Page 243 Board Meeting Agenda Item Agenda Item __ 4 __ -_0.;;._ __ MEETING DA TE: December 3, 2018 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Resolution Approving Water Shortage Response Plan REQUESTED BY: Steve Ward, HCDPU Director REQUEST: This is a formal request for the Board to consider the adoption of a resolution approving the water shortage ordinance for the County. NCDEQ, through its Division of Water Resources, requires that we readopt or amend our ordinance to address possible needed changes to the plan. No changes or revisions were needed for the existing plan. Attached are copies of the resolution and the existing water shortage plan for your review. Please place this item on the consent agenda at the next available meeting. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: \\hcfi lea\Puusers\sward\My Documents\Ordinances and Policies\Resolution Ado pting Existin g Wate r Shortage Response Pl an I 1-5 -18.docx Page I of I 120318 HCBOC Page 244 RESOLUTION TO ADOPT HARNETT COUNTY WATER SHORTAGE & CONSERVATION ORDINANCE WHEREAS, North Carolina general Statute 143-355 (I) requires that each unit oflocal government that provides public water services or plans to provide such services shall, either individually or together with other such units oflocal government, prepare and submit a Water Shortage Response Plan; and WHEREAS , as required by the statute and in the interests of sound local planning, a Water Shortage Response Plan for Hamett County Department of Public Utilities, has been developed and submitted to the Hamett County Board of Commissioners for approval; and WHEREAS, the Hamett County Board of Commissioners finds that the Water Shortage Response Plan is in accordance with the provisions of North Carolina General Statute 143-355 (I) and that it will provide appropriate guidance for the future management of water supplies for Harnett County, as well as useful information to the Department of Environment and Natural Resources for the development of a state water supply plan as required by statute. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Harnett County that the Water Shortage Response Plan entitled, Harnett County Water Shortage & Conservation Ordinance dated December 3, 2018 , is hereby approved and shall be submitted to the Department of Environment and Natural resources, Division of Water Resources ; and BE IT FURTHER RESOLVED that the Harnett County Board of Commissioners intends that this plan shall be revised to reflect changes in relevant data and projections at least once every five years or as otherwise requested by the Department, in accordance with the statute and sound planning practice. This the day of , 20 -------------------- ATTEST: HARNETT COUNTY BOARD OF COMMISSIONERS By: -------------- Gordon Springle, Chairman 120318 HCBOC Page 245 AN ORDINANCE OF THE COMMISIONERS OF HARNETT COUNTY AMENDING THE WATER SHORTAGE & CONSERVATION ORDINANCE OF HARNETT COUNTY, NORTH CAROLINA BE IT ORDAINED by the Commissioners of Hamett County: The "WATER SHORT AGE & CONSERVATION ORDINANCE" is deleted in its entirety and the following is substituted in lieu therof: Section I. Introduction. 1. The purpose of this water shortage response ordinance is to provide for the declaration of increasingly serious stages of water shortages and to define voluntary and mandatory water conservation measures to be implemented during these various stages. These written procedures will minimize the need to make last minute decisions and will allow the Hamett County Department of Public Utilities (HCDPU) to respond quickly to changing conditions, which will preserve the water resources of Hamett County to provide for the water demands of human consumption, sanitation, and fire protection throughout the service area of the County. 2. This ordinance shall apply to all users connected directly or indirectly to the Department of Public Utilities' public potable water supply, regardless of whether the user is located within the jurisdictional boundary of Hamett County. Section II. Objectives of ordinance. The specific objectives of this ordinance are as follows: 1. To establish the authority of the Director of the Department of Public Utilities to declare water shortage conditions and implement and enforce the procedures established in this ordinance; 2. To establish a chain of command for implementation of the procedures established herein: 3. To establish voluntary and mandatory water conservation measures; 4. To establish enforcement protocol for violations of mandatory water conservation measures outlined in this article. -1 - 120318 HCBOC Page 246 Section III. De1mitions. 1 . The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) Contamination means the addition to any watershed area, reservoir, storage tank, or distribution system of any material that appears in an above-normal concentration or has high nuisance or harmful effect on the consumer or the system. (b) Emergency means, when referring to water shortage, that conditions exist such that treated water supplies cannot meet customer demands and that serious treated water shortages exist. ( c) Essential Use means: (1) Use of water to sustain human life and to maintain minimum standards of hygiene and sanitation; (2) Use of water for patient care and rehabilitation; (3) Firefighting, including certain testing and drills by the fire department if conducted in the interest of public safety and if approved by the Department of Public Utilities ; (4) Health and public protection purposes, if specifically approved by health officials and the Department of Public Utilities, including flushing of water lines and hydrants. (d) Non-Essential Use shall include but not be limited to: (1) Use of water for fountains, reflecting pools, or artificial waterfalls; (2) Watering of gardens, lawns , parks , golf courses (except greens), playing fields, and other recreational areas; (3) Filling and operation of recreational swimming pools; ( 4) Non-commercial washing of motor vehicles; (5) Serving water in restaurants, clubs or eating establishments except by specific request; ( 6) Refilling of cooling towers except as specified in Section 28-263 . l .c of this Article. ( e) Mandatory Conservation means that conservation measures are not voluntary, and that if users fail to comply, they are subject to the penalties outlined in this ordinance. (t) Department of Public Utilities means the Department of Public Utilities of Harnett County (HCDPU) acting through its Director, Assistant Director, agent, or designated representative. -2 - 120318 HCBOC Page 247 (g) Treated Water means water that has been withdrawn from an approved source and has been processed by the Department of Public Utilities. (h) User means any person or entity using water for any purpose from the Department of Public Utilities water distribution system, either directly or indirectly, and for which either a regular charge is made or, in the case of bulk sales , a cash charge is made at the site of delivery. Any municipal or private contract water recipient is also deemed a "user". (i) Water Shortage means that conditions exist when the demands and requirements of water customers served by the Department of Public Utilities cannot be satisfied without depleting the available supply of treated water or the available water supply to or below a critical level, i.e., the level at which the continued availability of water for human consumption, sanitation , and fire protection is jeopardized. Conditions contributing to a water shortage may include but are not limited to the following: (1) Water supplies are below the level necessary to meet needs; (2) Water quality has been threatened due to a contamination situation; (3) Power outages or equipment malfunction; ( 4) Peak customer demands on the water system; (5) Inability to maintain adequate pressure and/or water supply throughout every portion of the Department of Public Utilities water distribution system ; (6) Natural disasters. (e) Water Supply means any body of water from which the Department of Public Utilities obtains water for treatment and subsequent distribution into the potable water supply system. Section IV. Procedure for Implementation of Water Shortage Plans The Director of the Department of Public Utilities shall be responsible for continually monitoring the water supply, water demands, and area conditions. Based upon any one or more of the triggers established by Section IX, the Director will notify the County Manager that water conservation measures are warranted. The Director shall be empowered to declare and implement conservation stages I and II. In instances in which declaration and implementation of stages III and IV are required, the Director shall notify the County Manager, who shall issue a proclamation declaring the implementation of a water conservation stage III or IV. The Director, or his designee, shall also notify all municipal and private contract water recipients, all local government agencies, and the media, to include local television and newspapers. Notifications will also be sent to HCDPU customers and will include but not be limited to the description of the conservation stage and the conservation measures enacted. The following notification methods will be used to inform HCDPU customers and employees of a water shortage declaration: employee email announcements , posted notices at strategic Harnett County buildings, notices in utility bills and on the Harnett County website . Required water shortage -3 - 120318 HCBOC Page 248 response measures will be communicated through public service announcements on local radio and television stations. Declaration of emergency water restrictions or water rationing will be communicated to all customers by telephone using the County's call notification system. Once a conservation stage is declared or changed, the conservation stage shall remain in effect until lifted by the Director or in the case of stage III or IV, the Hamett County Manager. The Director shall continually monitor the conditions responsible for activation of the conservation stage, and if the trigger for a more stringent stage is met, then the Director shall be empowered to declare the more stringent stage consistent with the above paragraph. If, after thirty days, the current stage triggers have abated then the stage shall either be reduced to the appropriate stage or all conservation measures rescinded depending on conditions. This chain of command process shall be repeated whenever a change in the status of the conservation stage or conservation measures is necessary. During the effective period of any water shortage, the Department of Public Utilities is empowered to promulgate such regulations or policies as may be necessary to carry out the provisions of this Ordinance. The Director, or his duly authorized agent charged with implementation and enforcement of this Ordinance shall be and is hereby granted the authority to implement and enforce any of the treated water use restrictions. The Director shall have authority to implement, maintain, modify, and rescind any one or more of the conservation measures in a conservation stage and to make them applicable during various times of the month, week, or day as he deems appropriate to protect the public health, safety, and welfare until the Department of Public utilities determines that the conditions requiring their imposition no longer exist. Section V. Water Conservation Stage I -Voluntary Water Shortage Alert 1. When a Voluntary Water Shortage Alert is declared, the following voluntary conservation measures by users shall be in effect: (a) For addresses that end in the number 1, 3, 5, 7, or 9 watering of lawns, grass, shrubbery, trees, flowers, and vegetable gardens shall only be done on Sunday, Tuesday, and Thursday. For addresses that end in the number 0, 2, 4, 6, or 8 watering shall only be done on Saturday, Monday, and Wednesday. Additionally, customers should reduce outdoor water usage by decreasing the frequency and duration oflandscape irrigation. (b) Washing of automobiles, trucks, trailers, boats, airplanes, or any other type of mobile equipment should be limited. (c) Outside areas such as streets, driveways, service station aprons, parking lots, office buildings, exteriors of existing or newly constructed homes or apartments, sidewalks, or patios should not be washed. -4 - 120318 HCBOC Page 249 ( d) Introduction of water into any pond , ornamental fountain , pool , or other structure should be postponed until the water conservation measures are lifted. (e) Water from public or private fire hydrants used for purposes other than fire suppression, other public emergency, or water department needs should be minimized or alternative sources utilized . (f) Use of potable water for dust control or compaction should be limited . Section VI. Water Conservation Stage 11--Water Shortage Warning. 1. When a Water Shortage Warning is declared , the following mandatory conservation measures shall be in effect: (a) For addresses that end in 1,3 ,5, 7, or 9 watering of lawns, grass, shrubbery, trees, flowers and vegetable gardens shall only be done on Sunday and Thursday. For addresses that end in the number 0,2,4,6, or 8 watering shall only be done on Saturday and Wednesday. Provided however, that a person regularly engaged in the sale of plants shall be permitted to use water for such purposes at any time or any day. (b) It shall be unlawful to wash automobiles, trucks, trailers, boats, airplanes, or any other type of mobile equipment except at commercial car wash facilities ; Any person regularly engaged in a commercial operation that requires equipment be washed shall be permitted to use water for such purposes as long as the amount of water being used is minimized . (c) It shall be unlawful to wash down outside areas such as streets, driveways, service station aprons, parking lots, office buildings, exteriors of existing or newly constructed homes or apartments , sidewalks , or patios, or to use water for other similar purposes; provided , however, that any person regularly engaged in the busines s of washing such areas shall be permitted to use water for such purposes . ( d) It shall be unlawful to introduce water into any pond, ornamental fountain, or other structure making similar use of water. ( e) It shall be unlawful to use water from publi c or private fire hydrants for any purpose other than fire suppression or other public emergency or water department need . The Director or his designee may grant exceptions on a case- by-case basis. (f) It shall be unlawful to use water for dust control or compaction without dem on strating a lack o f alternative sources and obtaining written permission from the Director or his designee -5 - 120318 HCBOC Page 250 (g) It shall be unlawful to fill newly constructed swimming or wading pools or refill swimming or wading pools that have been drained . The water level in any swimming pool filled prior to the effective date of this declaration may be supplemented only to the extent necessary to provide for safe operation of the pool 's chemical feed equipment. (h) It shall be unlawful to intentionally waste treated water. (i) All industrial , manufacturing, and commercial enterprises shall reduce consumption to any degree feasible with a goal of reduction of at least 20%. It is the primary responsibility of each non-residential customer to meet its mandated water use reduction in whatever manner possible, including limitation of operating hours, or days, if necessary. U) The owner or occupant of any land or building which receives water from the Department of Public Utilities and that also utilizes water from a well or supply other than that of the Department of Public Utilities shall post and maintain in a prominent place thereon a sign furnished by the Department of Public Utilities giving public notice of the use of the well or other sources of supply. Section VII. Water Conservation Stage 111--Water Shortage Emergency. 1. In the event of a Water Shortage Emergency, in addition to the restrictions heretofore imposed , the following mandatory water conservation measures shall apply: (a) It shall be unlawful to water or sprinkle any lawn, grass , shrubbery, trees, or flowers with treated water using an automated irrigation or sprinkler system. Watering is permitted only by hand held hose with a spring-loaded nozzle, by container, or by installed drip type irrigation. Provided, however, that any person regularly engaged in the sale of plants shall be permitted to use automated irrigation or sprinkler systems but only in amounts necessary to prevent the loss of nursery stock. (b) It shall be unlawful to re-fill or supplement swimming and/or wading pools. (c) Restaurants and other food serving establishments shall use single serving utensils, plates , and cups and shall serve water only at the patron 's request. (d) Except as provided in subparagraph (a) above, it shall be unlawful to use treated water outdoors for any reason other than fire suppression, emergencies relating to health and safety issues, or as needed by the Department of Public Utilities to maintain the water system. (e) All industrial , manufacturing, and commercial enterprises shall reduce consumption to any degree feasible with a goal of reduction of at least 40%. It is the primary responsibility of each non-residential customer to meet its mandated - 6 - 120318 HCBOC Page 251 water use reduction in whatever manner possible, including limitation of operating hours, or days if necessary. Section VIII. Water Conservation Stage IV--Water Shortage Crisis. 1. In the event of a Water Shortage Crisis, in addition to the restrictions made unlawful heretofore, the following mandatory conservation measures shall be in effect: (a) Residential users shall reduce water consumption to a level necessary to sustain human life and the lives of domestic pets and to maintain minimum standards of hygiene and sanitation. (b) Fire protection must be maintained, but where possible, tank trucks shall use untreated water. ( c) It shall be unlawful to wash automobiles, trucks, trailer, boats, airplanes, or any other type of mobile equipment. ( d) It shall be unlawful to make any non-essential use of treated water for commercial or public use. (e) All industrial, manufacturing, and commercial enterprises (to include nursery operations) shall reduce consumption to and degree feasible with a goal of a reduction of at least 50%. It is the primary responsibility of each non-residential customer to meet its mandated water use reduction in whatever manner possible, including limitation of operating hours, or days if necessary. (f) The Director may declare additional measures of mandatory conservation controls such as larger percentage reductions in consumption, termination of service to specific areas in the water system on a rotating basis, prohibition of all industrial uses of treated water, etc., or whatever is necessary to protect the health and safety of the customers of the water system . Section IX. Water Conservation Stage Triggers There are a variety of conditions that might contribute to a water shortage, including but not limited to : peak customer demands on the water system; water supplies below the lev el necessary to meet needs; water quality threatened or impaired due to contamination; power outages or equipment malfunction; and natural disasters. The following water conservation stage triggers have been establi shed to allow the HCDPU to respond to a water shortage with the appropriate stage of conservation. -7 - 120318 HCBOC Page 252 l. Triggers Based on Water Supply Water Conservation Stage HCDPU Trigger Voluntary Water Shortage Unusually dry conditions result in severely low Alert stream flows that are consistently below seasonal norms and dry conditions are forecast. Water Shortage Warning Target flow of the Cape Fear River at Lillington is reduced to 250 CFS or less. Water Shorta2e Emer2ency Daily demands exceed 50% of available flow. Water Shorta2e Crisis Daily demands exceed 75% of available flow. 2. Triggers Based on Daily Water Demands Water Conservation Stage HCDPU Trie:e:er Voluntary Water Shortage 3 consecutive days of demand exceeding 85% of Alert available capacity Water Shortage Warning 3 consecutive days of demand exceeding 90% of available capacity Water Shortage Emergency 5 consecutive days of demand exceeding 90% of available capacitv Water Shortage Crisis 1 consecutive day of demand exceeding 100% of available capacitv Section X. Enforcement. 1. Any user who violates the provisions of this ordinance , who fails to carry out the duties and responsibilities imposed by this ordinance, or who impedes or interferes with any action undertaken or ordered pursuant to this ordinance shall be subject to enforcement actions. 2. The Director of Public Utilities shall be responsible for monitoring and enforcement of this Ordinance. Enforcement actions may include, but are not limited to, the following: (a) Written Warning Whenever the Director or his duly authorized representative finds that any user has violated or is violating this Ordinance or any prohibition, limitation, or requirement contained herein, or policy issued pursuant thereto , a written warning shall be issued to such offender by an authorized representative of the HCDPU. -8 - 120318 HCBOC Page 253 The written warning shall notify the violator of the nature of the violation and the need to take corrective action and that failure to do so will result in the issuance of a Notice of Violation and a minimum fine/civil penalty of $100.00. (b) Notice Of Violation If, after a Written Warning, the violation continues, the Director or his duly authorized agent shall serve upon such offender a written Notice Of Violation stating the nature of the violation. The written Notice Of Violation shall be affixed to the property where the violation occurred and/or mailed certified with return receipt requested to the customer of record and to any other person known to the HCDPU to be responsible for the violation or its correction. When a customer of record refuses to accept a Notice Of Violation by certified mail, hand delivery of the written Notice Of Violation to the customer of record or to the person in charge of the premises where the violation occurred shall also constitute service. The notice of violation shall inform the user of the violation, their responsibility to discontinue the activity within a specified period of time, the civil penalty associated with the violation and possible termination of service if the violation continues. (c) Civil penalties. The Director of Public Utilities may assess a civil penalty to any offender who shall continue any violation beyond the time limit provided for in the aforementioned Written Warning. Each day in which a violation of any provision of this ordinance shall occur or continue shall constitute a separate and distinct offense. The amount of the civil penalty shall be a minimum of $100.00 to a maximum of $500.00 depending on the severity of the violation. Appeals of civil penalties assessed in accordance with this section shall be as provided in section XI. ( d) Suspension of Service If after issuance of a Civil Penalty, the penalty is not paid within 30 days, the Director or his duly authorized agent may immediately terminate or restrict the service to the premise where such violation has occurred and may in addition thereto, or in the alternative, take such other appropriate legal action as provided bylaw. At such time the Director is satisfied that the offender(s) are no longer in violation of any treated water use restrictions, the Department of Public Utilities may reinstate water service to the premise following the payment of all civil penalties assessed as well as any applicable suspension/reconnection fees as outlined in Hamett County's Public Utilities Ordinance. -9 - 120318 HCBOC Page 254 Section XI. Adjudicatory hearing/appeals and variance protocols. 1. Any user whose water use has been restricted or terminated or who has been assessed a civil penalty under Section X shall have the right to an adjudicatory hearing before a hearing officer designated by the Director of Public Utilities. Users requesting an adjudicatory hearing must do so by submitting a written request , which identifies the specific issues to be contended, to the Director of Public Utilities within 72 hours following notice of the issuance of a civil penalty. Unless such demand is made within the time specified in this section, the decision to restrict or terminate the water use, or the civil penalty assessment, shall be final and binding. 2. The hearing officer shall notify the user of the date, time, and place for the hearing. The hearing shall take place within IO business days of the written request for a hearing. A decision shall be made within 10 calendar days from the date of the hearing and a copy of the written decision shall be mailed to the user by certified mail, return receipt requested. 3. When a final decision is issued pursuant to the above subsection, the Department of Public Utilities shall prepare an official record of the case that includes: (a) All notices, motions, and other like pleadings; (b) A copy of all documentary evidence introduced; (c) A certified transcript of all testimony taken, if testimony is transcribed. If testimony is taken and not transcribed, then a narrative summary of any testimony taken ; (d) A copy of the final decision of the Department of Public Utilities. 4. Any user against whom a final decision of the Department of Public Utilities is entered pursuant to the hearing procedure under this Section may appeal the order or decision by filing a written petition for judicial review within 30 days after receipt of notice by certified mail of the order or decision to the general court of justice of the county or of the county where the order or decision is effective, along with a copy to the Department of Public Utilities. Within 30 days after receipt of the copy of the petition of judicial review , the Department of Public Utilities shall transmit to the reviewing court the original or a certified copy of the official record, as outlined in Section XI of this Ordinance. 5. Applications for water use variance requests are available at the Hamett County Public Utilities Business Center and on the Hamett County Website. All applications must be submitted to HCDPU for review by the Director or his or her designee. A decision to approve or deny individual variance requests will be determined within one week of submittal after careful consideration of the following criteria: impact on water demand , -IO - 120318 HCBOC Page 255 expected duration, alternative source options, social and economic importance, purpose (i.e. necessary use of drinking water) and the prevention of structural damage. Section XII. Effectiveness The effectiveness of the Hamett County Water Shortage & Conservation Ordinance will be determined by comparing the state water conservation goals with observed water use reduction data. Other factors to be considered include frequency of plan activation, any problem periods without activation , total number of violation citations, desired reductions attained and evaluation of demand reductions compared to the previous year's seasonal data. Section XIII. Ordinance Revision and Public Comment The Hamett County Water Shortage & Conservation Ordinance will be reviewed and revised as needed to adapt to new circumstances affecting water supply and demand, following implementation of emergency restrictions, at a minimum of every five years.. The HCDPU Director is responsible for initiating all subsequent revisions. HCDPU customers will have multiple opportunities to comment on the provisions of the ordinance. First, a draft plan will be available at the Hamett County Public Business Center and on the Hamett County website for customers to view. A notice advising of any subsequent proposed revisions will be published at least 30 days prior to an adoption vote by the Hamett County Board of Commissioners. Section XIV. Severability If any section, subsection, sentence, or clause of this article is adjudged to be unconstitutional or otherwise invalid, such adjudication shall not affect the validity of the remaining portion of this article. It is hereby declared that this article would have been passed, and each section, sentence, or clause thereof, irrespective of the fact that any one or more sections, subsections, sentences, or clauses might be adjudged to be unconstitutional, or for any other reason invalid. ADOPTED this __ day of ______ , 2018. Hamett County Board of Commissioners By: Gordon Springle,Chairman -11 - 120318 HCBOC Page 256 ATTEST: Gina Wheeler, Clerk to the Board of Commissioners -12 - 120318 HCBOC Page 257 ROY COOPER N ORT H CAROLI NA Environmental Quality Govern or MICHAELS. REGAN Secrl.'tary LINDA CULPEPPER In ter im Director Allan O 'Briant, Water Plant SUPT Hamett County Regional Water System P.O. Box 1119 Lillington, NC 27546 Dear Mr. O'Briant, October 15 , 2018 Subject: WSRP Meets Minimum Criteria Hamett Co Regional Water System PWSID#: 03-43-045 Hamett County This letter is to notify you that our staff has reviewed the information contained in the Water Shortage Response Plan (WSRP) update submitted by your office. Since all the required information is complete, the WSRP for the Hamett County Regional Water System hereby meets the minimum criteria established in North Carolina General Statute 143-355.2 (a) and 15A NCAC 02E. 0607. The Water Shortage Response Plan must next be adopted by your water system's governing board; a model WSRP resolution is available online on the right side of the page in the Forms and Docs section at: http://www.ncwater.org/Water_Supply_Planning/Water_Shortage_Response_Plans/learn. Once adopted , a copy of the signed resolution mu st be submitted to Linwood Peele, Water Supply Planning Branch Supervisor, at the address printed at the bottom of this letter. Please note , the WSRP cannot be considered compliant with the requirements ofNCGS 143-355(1) until an adopted resolution is received by the Divi sion . Please be advised that the review process for Water Shortage Response Plans is separate from the review process for your Local Water Supply Plan (LWSP). If you have submitted your LWSP but haven 't already been contacted by the Division, you will receive notification as soon as the review of your L WSP is complete. Thank you very much for your efforts to provide your customers with a safe and reliable supply of drinking water. We look forward to continuing to work with you in these efforts. Please contact Vardry E. Austin at vardry .austin@ ncdenr.gov or (919)707-9002, or Linwood Peele at linwood .peele@ ncdenr.gov or (919) 707-9024, if we can be of further a ss istance. mwood E. Peele, Supervisor Division of Water Resources NCDEQ North Carolina Depart ment of Environ mental Quality I Division of Water Resources 512 North Salisbury Street I 1611 Mail Servi ce Center I Raleigh. North Carolina 27699-1611 919.70i.9000 120318 HCBOC Page 258 Agenda Item __ 4..:--...;P ___ _ 1LL·�-::��') Harnett ., ·- · ) ·( � · ..;;..C.....;;O;......:;..U....;.N.;,__;;_T....;.Y ______________________ _ -'""�� __ , NORTH CAROLINA A RESOLUTION TO CANCEL THE DECEMBER 17, 2018 REGULAR MEETING OF THE HARNETT COUNTY BOARD OF COMMISSIONERS THAT WHEREAS, the Hamett County Board of Commissioners adopted on September 19, 1994 certain Rules of Procedure by which the Board would conduct its meetings; and WHEREAS, Rule 6 of the Rules of Procedure concerning "Regular and Special Meetings" states that the Board may cancel the place or time of a particular regular meeting by resolution: that the Board has determined that it will not meet at its regular scheduled evening meeting of Monday, December 17, 2018. www.harnett.org NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Harnett County that its regular meeting scheduled for Monday, December 17, 2018 is hereby canceled; that this Resolution shall be filed with the Clerk to the Board, posed at the regular meeting place and forwarded to all parties on the County's Sunshine List. Adopted by the Hamett County Board of Commissioners in regular session, this 3 rd day of December, 2018. HARNETT COUNTY BOARD OF COMMISSIONERS By:-------------------Gordon Springle, Chairman Attest: Margaret Regina Wheeler, Clerk strong roots • new growth 120318 HCBOC Page 259 120318 HCBOC Page 260 Agenda Item ____ 1_0 __ _ December 3, 2018 APPOINTMENTS NEEDED ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE There are five (5) vacancies on this committee. BOARD OF HEALTH There is a vacancy on this board for an engineer position. HARNETT COUNTY AIRPORT COMMITTEE There will be one vacancy for District 5 on this committee in 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 two (2) vacancies on this council. HARNETT COUNTY DISTRICT H TOURISM AUTHORITY There is one vacancy on this board for business/tourism. HARNETT COUNTY PLANNING BOARD Stanley Price would like to be reap12ointed to serve on this board as a District 1 re2resentative. HARNETT COUNTY PUBLIC LIBRARY BOARD The City of Dunn requests that Gloria Gulledge be reappointed to serve as Dunn's representative on the Harnett County Library Board. (Application attached) 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. NONPROFIT FUNDING COMMITTEE There is one vacancy for District 4 . TOWN OF ANGIER The Town of Angier requests approval of Lee Marshall 's reappointment for a two-year term on both the Angier Planning Board and Board of Adjustment. Term will be December 31, 2018 -December 31, 2020 . (Apglication attached). Page 1 -Appointments 120318 HCBOC Page 261 Lewis Weatherspoon Mayor November 15 , 2018 Mrs. Gina Wheeler Hamett County Manager's Office PO Box 759 Lillington, NC 27546 Dear Mrs. Wheeler, Town of Angier www.ang1er.org Michael McLaurin Interim Town Manager Veronica Hardaway Town Clerk On behalf of the Town of Angier, I wanted to advise you that on November 5, 2018, the Angier Board of Commissioners unanimously approved the reappointment of one ETJ member to a two- year term to serve on both our Angier Planning Board and Board of Adjustment. The incumbent approved for reappointment was: Lee Marshall PO Box 951 Angier, NC 27501 Term will be December 31, 2018-December 31 , 2020 Please forward the Town of Angier's recommendation to the Harnett County Board of Commissioners for their consideration and potential approval. Attached is a copy of the approved candidate 's application for the County Board's perusal. Should you have any further questions, please contact u s at (919) 639-2071. Sincerely, Veronica Hardaway Town Clerk Post Office Box 278 • Angier, North Carolina 2750 1-0278 • (919) 639-2 071 120318 HCBOC Page 262 Town of Angier Advisory Board Application Name: 1Ylo..rsbo.J } Ho.rt1ell. /(Lee l/ (Last) (First)7 JMI) Home Address : ....... 8 ..... 0._5_,,_I ____.IV'---'--"'[_....:.o:;,:2;:..oh.=~-Alau.u....,c/),~l--'-l?. ...... n'-""!~!¥-i .... ee"----"Alc...L..>,,olC....____.,..2 ...... Z<z...x:2"""-::L..V __ Telephone Numbers: 919-w39· &~22 (Home) Date of Birth : ~l.i.(~_11253 't-9/'l-422 4 1.53() (Mobile) 8 Male O Female 9/C/-V,2-1256 (Work) List below in priority order the Board on which you wish to serve : _ ABC Board -3yr term _ Library Board -3yr term _ Planning Board (In-Town)-2yr tem, -Z Planning Board (ET J Member) -2yr term The Town of Angier appreciates your interest in serving on a Board. In order to consider this application and provide a sense of balance to various Boards, the Town of Angier requests that the following information be provided: Employer: Mars,k/J tM()f'(6.j IJm,w.ny Occupation: tJa....;t=vn ..... er"'----------- Do you reside within the Town Limits of Angier? 0 Yes e No Length of Residence in the Town of Angier: 1f_.5 Years ___ Months Please list any other Boards on which you currently serve: -flogiee Ore, ~-&,w--,da£JJ/~ Please provide a brief summary outlining why you wish to serve on a board you have indicated : Help ttJaJn M~lle /i>r(.L)~c/, 1!J he:~r -1-~wn "'I cc,m.Mtm1f, 120318 HCBOC Page 263 Town of Angier Advisory Board Application ETIDCS GUIDELINES FOR TOWN BOARDS (Please check if you agree) 0 Yes, if appointed, I pledge to comply with the following ethics guidelines for boards as adopted by the Town of Angier. Members of boards shall not discuss, advocate, or vote on any matters in which they have a conflict of interest or an interest in which reasonably might appear to be in conflict with the concept of fairness in dealing with public business. A conflict of interest or a potential conflict occurs if a member has a separate, private, or monetary interest, either direct or indirect, in any issue or transaction under consideration. Any member who violates this provision may be subject to removal from the board . If the board believes he/she has a conflict of interest, then the member should ask the board to be excused from voting. The board should then vote on the question on whether or not to excuse the member making the request. In cases where the individual member or the board establishes a conflict of interest, then the board member shall remove themselves from the voting area. Any board member may seek the counsel of the Town Attorney on questions regarding the interpretation of these ethic guidelines or other conflict of interest matters . The interpretation may include a recommendation on whether or not the board should excuse himselti'herself from voting. The board may request the Town Attorney to respond in writing. I certify that the above information is correct. I understand that this is an application to be considered for appointment to a Town of Angier Board, Commission, or Committee and that final appointment is made by the Angier Board of Commissioners. Printed Name: /f,,,. V""r:,)I LJ.z~ df<r; !' 4::: £L Signature : 14~ c,('ce:, ~ Date: ¥'7/IC Applicants are required to be a resident of the Town for In-Town positions and within the Town's ETJ for ETJ positions. ,.,.J)a, i). \~\ \~ ~(')fa~-~ Return completed form to : Veronica Hardaway, Town Clerk PO Box 278 Angier, NC 27501 Phone: 919.639.2071 Fax: 919.639.6130 Email : vhardaway@ang ie r.org 120318 HCBOC Page 264 DUNN cit y of dunn POST OFFICE BOX 1065 • D UNN , N ORTH C AROLIN A 28335 (910) 230 -3500 • FAX (910) 230-3590 www.dunn-nc.org November 16, 2018 Mr. C. Gordon Springle, Chairman Harnett County Board of Commissioners PO Box 759 Lillington, NC 27546 Dear Mr. Springle: Mayo r O scar N. Harri s M ayor Pro Tern Frank Mc Le an Coun ci l Members Buddy Maness D r. Gwen M cNe il! B ill y Ta rt Chuck Turnage Bill y Bar field The City of Dunn is respectfully requesting that the Harnett County Board of Commi s sione rs reappoint Ms. Gloria Gulledge to continue a s Dunn's Representative to the Harnett County Library Board, with term to expire on June 30, 2021. She fulfilled an un e xpired term beginning her service to the board in September, 2017. Her application is attached. Thank you for y our consideration in thi s matter and should you h a ve a ny question, p lease contact m e at 910-230-3500. Steve n N eus chafer City Man ager CC: Micha e l Willi a m s, Dunn Librari a n Gloria Gulledge DUNN tc0x11 Al~ America City 11111.' 19 89 * 2013 120318 HCBOC Page 265 ) APPLICATION FOR APPOINTMENT TO AN ADVISORY BOARD FOR THE CITY OF DUNN, NC Office Use Only Receiveao, .. 2B .. l 1 The City of Dunn appreciates your interest in serving on a Board or Commission and requests that you complete the following application. This a pplication for appointment requests general information based on your interest in applying for a Board or Commission for the City of Dunn. Applicant Name: _C_-_l...;....:,Oe..cfl'-=--!.1.!....A"---------=C:._-....::cl.t.,-=----=L..-'t...::........:Ce_D_a_-_G ______ _ Date of Application: _2__; ..2 IS'I _!_2_ Home Address: Street Address, City, Z ip Code H ome Phone: _'f.~I O~~.g,~q.___,;1_~£'~6=-cc5"_'i..:...___ Business/Other Phone : - FAX Number: Email Address: --------------------------------- In order' to consider this application and provide a sense of ba.lance to the various Boards and Commissions, the City of Dunn requests that the following information be provided: Date of Birth: _l_J~q ; (/s Male: D Female: kl"' Race: __ (Cau~, African-A meri can , Hispan ic, Asian , Native American , Other) Occupation: 7 EO'R E 1) Educa tional Background: /. S. 1e.Acrtee. &nlca.. Members of the City of Dunn Boa r ds and Commissions shall serve without compensation unl ess otherwise approved by the City Council. Do you reside within the C ity L imits of Dunn: L e ngth ofresidence in Dunn: tfO Years Months Please indicate your preferences by number (first choice being "l") and choose no more than three. Membership is limited to one advisory board at a time. You shall not be considered for appointment to another board unless you resign before filin g an application or you are in the last six months of yo ur current term. CITY OF DUNN BOARDS AND COMMISSIONS Dunn Alcoholic B everage Control Dunn Planning Board Dunn Library Board ti: I Dunn Board of Adjustment Dunn Parks & Recreation Dunn Housing Authority Cemetery Advisory Board Other (over) 120318 HCBOC Page 266 Please provide a brief statement outlining why you wish to serve on a City of Dunn Board or Commission: . . . . . Why do you think you would be an asset to this Board or Commission? Have you ever served on any City of Dunn Board? If so, which one? Please list current and previous service to the community, civic clubs, activities and talents: I would like to be considered for appointment to serve on a City of Dunn Board or Commission. I realize that because I have volunteered completion of this application in no way guarantees that I will be appointed to a Board or Commission by the Dunn City Council. !7~ 1 _:. ~ .. ~ ~ ~~ ?kg/t7 Applicant's Signature equired 'Date *Prior to being appointed to an advisory board, the City Council asks each applicant to attend a meeting of the advisory board in which he or she has an interest. Thi s helps each applicant to be more aware of the work of the advisory board. If you have not attended any meeting of the advisory board which you are interes ted , the chairperson of that board will extend an invitation to yo u. If you have attended a meeting of an advisory board, please indicate which board(s)-.loL+_...._ ______________________________ _ Please return form to: City Clerk's Office, City of Dunn, PO Box 1065, Dunn, NC 28335 Call 910-230-3500 or FAX 910-230-35 90 120318 HCBOC Page 267 3 Harnett County Schools Financials July 31, 2018 52XX Special Populallons Servltes 53XX Alternative Program, and Servkos 54)0( School Leaderihlp Services ssxx SchooHlued Support Services 61XX S<Jpport and Development Servkes 62)()( 1 <n.cial PoDUlatlon Support and Development Services 63XX Alternative Pro1rams and ServicH Support ond O.Velopment Servlcu 64XX Technoloiv Support Serva, 65)()( Operotlonal Support Sennces 66XX Financial and Human Resource Services 67)()( Accountability Services 68XX System-Wide Pupil SUpport Services 69)()( Policy, Leadership and Public Relotions Services 72)()( Nutrltlon Services ETotal R 31XX State Public School Fund Revenue 32XX Other State Allo~tlons for Current Operations RTot;il 51)()( Regular Instructions Servicos 52XX Special Popula tions Services 53XX Attcrn•tlve Programs and Services 54)()( School Leadership Se,vices SSXX Co.Curricular Services 58)()( School-Bued SUpport Services 61)()( Suoe>ort and Drteloome ni Services 62XX Special Population Support and Development Services 63XX Alternative Proarams ind Servlct1 Sunnnrt and Oe-..looment Services 64)()( Technolor, SuDDOrt 5eNkes 65XX Ooeratlonal su~rt Services 66)()( Finan cial and Human Resource Services 67XX Accountability Services 68XX Sv>tem-Wide Puoil Sunnnrt Servius 69)()( Polley, Leadership and Pubil c Relations Services 71)()( Communltv Services 72)()( Nut~tlon Se,vlc es 81)()( Pavmento to Other Governmentol Untu ETotal R 41XX Local Sources General 44XX Local Sources -Unr•wkted 49XX Special Revenua Services RTotal E SlXX Re&ular Instru ctions Service, 52)()( Special Populations Services 53)()( Alternative Prog11ms and Services 54XX School Leadership Services ssxx School·Ba,ed Support Services 61XX Suoaort •nd Oovdopmant Servkes 63XX Alternative Proamns and Services SupPQrt and Development Service s 65XX Operational SuPPott Services 66)()( Financial and Hum•n Resource Services 81)()( P1yments to Other Governmental Units 82)()( Unbud11ted funds ETotal II 36XX Revenues from Fedenol Sources -Restricted Grants (Received throuah DPI) RTotal 65XX Operational Support Services 90XX Clpital Outlay ETotal II 32XX Other State Alloutlons for current Ope ra tions 41XX Local Sources General 44)()( Local Sources -Unrestricted 49XX Sptci1I Rcvonuo Services Agenda Item ___ 1_1 __ 6) $13,482,180.00 $185 105.43 $13 297,074.57 $4 283,703.00 $182,758.10 $4,100,944.90 $8,587,399.00 $488,976.32 $8,098,422.68 $10,645 142.00 $234,277.21 $10,410,864.79 $'544,745 .89 $47 814.01 $496 931.88 $792,595.00 $17 066.57 $775 528.43 $29,493.00 $498.68 $28,994.32 $1,061,391.00 $93 650.85 $967,740.15 $9,631,357.00 $621,115.58 $9,010,241.42 $1,385,258.00 $121,356.95 $1,263,901.05 $136,784.00 $16,321.30 $120,462 .70 $96,800.00 $6 585.54 $90 214.46 $842,018.00 $85,522.57 $756,495.43 $59,800.00 $5 967.49 $53,832.51 $130,141,615.80 $3,553,560.80 $126,588,055.00 ($128,306,669.00) ($3 555 003.78 1$124,751 ,665.22 1$1,834,946.80) $0.00 ($1,834,946.80) ($130,141,615 .80) ($3,555 003.78 1$126,586,612.02 $5 643 120.00 1$27,429.85 $5,670,549.85 $1,029,036.00 $7,519.94 $1,021,516.06 $231486.00 $9,021.46 $222.464.54 $1,246,362.00 $21,800.84 $1,224,561.16 $882,609.00 $9,088.48 $873,520.52 $525 090.00 $12,134.40 $512 955.60 $950,889.00 $82 856.06 $868,032.94 $261,040.00 $16,416.23 $244 623.77 $3,765.00 $313 .69 $3,451.31 $191,375.00 $8,858.82 $182,516.18 $12,195,853.00 $587,703.74 $11,608,149.26 $1,384 086.00 $53 777.39 $1,330,308.61 $130,718.00 $10,042.20 $120,675.80 $203,187.00 $5,690.04 $197,496.96 $949,606.00 $29,087.78 $920,518.22 $5,102.00 $2,836.07 $2,265.93 $5,839.00 $299.68 $5,539.32 $525,000.00 $0.00 $525,000.00 $26,364,163.00 $830 016.97 $25,534,146.03 ($23,354 ,163.00) ($1,946,180.25) ($21,407,982.75) 1$260,000.00> so.oo 1$260,ooo.oo: ($2,750,000.00) $0.00 1$2,750,000.00) 1$26,364,163.00I ($1,946,180.25) 1$24,417,982.75) $1 402,231.80 $12 563.34 $1,389,668.46 $3,332,236 .13 $90,853.62 $3,241,382.51 $6 403 528.05 $90 702.68 $6 312.825.37 $6,000 .00 $0.00 $6,000.00 $467 274 .08 $6,422.39 $460,851.69 $14,158.28 $28,497.00 ($14,338.72) $302,654.20 $13 767 .71 $288,886.49 $2,000.00 $0.00 $2 ,000.00 $43 410.05 $7,233 .63 $36,176.42 $636,961 .96 $0.00 $636,961.96 $1,293,688.78 $0.00 $1,293,688.78 $13,904,143 .33 $250 040.37 $13,654,102 .96 ($13,904,143 .33) ($257,523.32) 1$13,646,620.01) ($13,904 143.331 1$257 523.321 1$13 646,620.01) $1,092,646.66 $46,786.00 $1,045,860.66 $32 500.00 $0.00 $32 500.00 $1125 146.66 $46,786.00 $1 078,360.66 ($11,375.05) $0.00 ($11,375.05) 1$1 021 528.001 $0.00 1$1 021 528.00) ($129.61i ($64.041 ($65.57) ($92,114.00) $0.00 ($92 ,114.00) 120318 HCBOC Page 268 RTotal ($1125 146.66 ($64.04) ($1,125,082.62) 5 E 72)()( Nutrition Servltes $10,249 583.00 $359 585.11 $9 889,997.89 81XX Payments to Other Governmental Uniu $780,000.00 $0.00 $780,000.00 ETotal $11 029 583.00 $359 585.11 $10 669 997.89 R 38XX Other Revenues from federal Source•· R .. tricted Gronl> ($8,141,583.00) 1$34,491 .48 ($8,107 091.521 43XX Loe.al Sourcei . Revenuu 1$2,288,100.00) ($227.35) ($2,287,872.65) 44XX Local Sovrce• • Unresllicted ($52,000.00) 1$5 250.12 ($46,749.88 48XX ~I Soorce, • Restricted ($2 900.00 $0.00 ($2,900.00) 49XX Special Revenue services ($545,000.00) $0.00 ($545 000.00 RTotal ($11 029,583.00) ($39,968.95) ($10,989,614.05) 7 E SlXX Resular lnstrueti0<1s Se,vlces $215,167.17 $0.00 $215 167.17 52XX Spetl•l Populotions Services $2,500.00 $0.00 $2,500.00 53XX A~ernative Proerams ind ServicH $24,785.97 $0.00 $24,785.97 54XX School Leadership Suvtc .. $24,000.00 $0.00 $24,000.00 ssxx C<H:urrlcular Services s·22,240.16 $0.00 $22,240.76 SBXX School-Based SuopQrt Seivfces $6,262 .00 $0.00 $6 262 .00 65XX Operatlona l S\JPPort Services $2,000.00 $0.00 $2,000.00 Elotal $296,955.90 $0.00 $296955.90 R 41)()( Local sources General 1$286 300,90) $0.00 ($286,300.90) 44XX Locol SoulCes • Unrestricted 1$1000.00 1$152 .53) ($847 .47 49XX Special Revenue Services 1$9 655.00 so.oo ($9,655 .00) RTotal 1$296 955.90) 1$152.53 ($296 803 .37 8 E SlXX Resular lr,structions Services $2,285,074.02 $26,611.38 $2,258 462.64 52XX s-1•1 PQl)ulatlol\s Services $71:l,601.59 $7 327.60 $706 273.99 53XX Altorn•tive Pro1rams and Servl<es $1,514,288.00 $17,268.00 $1,497 020.00 54XX School Leadership Services $122,802 .14 $2,627.95 $120,174.19 55XX Co-Curriculu Se,vices $56,242.26 $2 S1S.S3 $53 726.73 ssxx School·B•sed SUpport Seivfces $494,867.14 $12,363.64 $482 ,503.50 61XX Su~""" and Oove""""-nt Services $9750.00 $848.00 $8 902.00 62XX Special Population SUPPort ind Deve!opm,nt Service• $2,000.00 $0.00 $2,000.00 63XX Alternative Proerams and Services Support and Development Services $55,690.46 $4 428.48 $51,261.98 64XX Technolo1Y Support Servlees $752,767.03 $0.00 $752,767.03 6SXX Operotlonol Suooort Services $1,139,636.38 $61,756.94 $1,077,879.44 66XX f ~nanclal and Human Resouru Servlc•s $640.00 $0.00 $640.00 69XX Polley, Le•dershlp •nd Public Relations Services $4 849.79 so.oo $4 849.79 71XX community service• $52,334.00 $8,261.71 $44,072.29 72)()( Nutrition Service s $159,934.75 $597.48 $159,337.27 E Total $7,364,477.56 $144,606.71 $7,219,870.85 I\ 32XX Other State Allocatlons for C..rrent n...ratlons ($2 ,053,617.21) $0.00 ($2 ,053,617.21) 37)()( Revenues from Fede11l Sou,ces • Olht1 Rostricted Grants ($956 907.91) $0.00 ($956,907.91) 38XX Other Revenues from Federal Sources • Rutrlcted Grants ($100 000.001 $0.00 ($100 000.00' 42XX Local Soura,s • Tuition and Fees ($15,921.221 ($10,235 .07) ($5686.15) 44XX Local Sources · Urvestrlcted ($15 7 651 .96) 1$15,144 .66) ($142 507.301 48XX Lotol Sources · Rostr icied ($7,962.26) $0.00 ($7,962.26) 49)()( Special Revenue Services 1$4,072,417.00I $0.00 ($4,072 ,417.00) R Total ($7,364,477.561 1$2S 379.731 ($7 339,097.831 120318 HCBOC Page 269 Harnett County Schools General Fund Balance Report July 31, 2018 Funds local Public School Fund 2 Capital Outlay Fund 4 Dunn District Tax Fund 7 Total Unassigned Fund Balance $3,005,227 .oo $0.00 $298,366.00 $3,303,593.00 120318 HCBOC Page 270 Harnett County Schools Flnanclals August 31, 2018 ,., . , pr,;,~,.,,. . ., •se. "''lt· . :.1--. .. , .,m· ...... . -:<;, •. ~~;~1 .. "t9 ' i;,.,._, fl!hil. ~!ll!l: .,.Codt;f; ·1~~-~~ --~~--cii ~ 1 E 51)()( Regular lrulructions Services $78,562,949.91 $8 277 711.52 $70,285,238.39 52)()( Special Populations Services $13,482,180.00 $1,363,678.52 $12 118,501.48 53XX Alternative Programs and Services $4,283,703.00 $678,561 .84 $3,605,141.16 54XX School Leadership Services $8,587,399.00 $1,242,917.07 $7,344,481 .93 58XX School·Based Sun<>nn Services $10,645 142.00 $1.057.744.23 $9 587,397.77 61XX Supp0rt and Development Serviees $544,745.89 $90,805.50 $453,940.39 62XX Spec~I Population Support and Development Services $792,595.00 $84,523.76 $708,071 .24 63XX Atternatlve Progra,m and Services SUoDOrt ind Development Services $29,493 .00 $498.68 $28,994 .32 64)()( Techno1o•v Sunnnrt Services $1 ,061,391.00 $173 454.41 $887,936.59 6SXX Operational S\l pport Services $9,631,357.00 $1,325,130 .14 $8,306,226.86 66)()( Financial and Human Resourc e Setvices $1,385,258.00 $233,676.79 $1,151,581 ,21 67)()( Accountabilltv Servlces $136,784.00 $28 022.05 $108,761.95 68XX System-Wide Pupil Support Services $96,800.00 $14,680.68 $82,119 .32 69)()( Policv, Leadership and Public Relations Services $842,018.00 $156,000.05 $686,017 .95 72)()( Nutrition Services $59,800.00 $10,908.05 $48,891.95 ETotal $130,141 615.80 $14,738,313.29 $115,403,302.51 R 31XX State Public School Fund Revenue ($128,306,669.00 ($14,742,003 .78) ($113,564,665.22 32)()( Other State Al loutrons for current OPeratlons ($1,834,946.80) SO.DO 1$1,834,946.80) RTotal ($130,141 ,615.80 ($14,742,003 .78 1$115,399,612 .02) 2 E SlXX Regular lnslluctions Services $5 643,120.00 1$16.231.45 $5,659 ,351.45 S2XX Special Populations S•rvkes $1,029,036.00 $10,816.30 $1,018 219.70 53XX Alternative Pto«rams and Services $231 ,486.00 $9,623.0S $221,862.95 54)()( School Leadetship Serviees $1,246,362.00 $96 774.65 $1,149,587.35 ssxx Co.Curricular Servi ces $882 609.00 $60,613.76 $821,995.24 S8XX School-Based Suooon Sesvlce.s $525,090.00 $16,418.33 $508 671.67 61)()( Sunnnrt and Develooment Services $950,889.00 $158,824.04 $792,064.96 62)()( Special Population Support and Development Services $261,040.00 $33 984.0S $227,055.95 63XX AlternaUve Prorrams and Services Suonort and DevelonmentServiccs $3,765.00 $313.69 $3,451 .31 64)()( TechnoloAY Suooort Services $191,375.00 $1S 838.01 $175,536.99 6SXX Operational SUnanrt Services $12,195,853.00 $1644 589.09 $10 551,263.91 66XX Financial and Hurmn Resource Services $1384086.00 $113,303.12 $1,270,782 .88 67XX Accountability Services $130,718.00 $18,284.01 $112,433.99 68XX Svstem -Wide Puoll Sunnnrt Services $203,187.00 $24,388.30 $178,798.70 69)()( Polcv, Leadershlo and Public Relatiolls Services $949 606.00 $135,617.79 $813,988 .21 71XX Communttv Services $5,102.00 $1,832.79 $3,269.21 72XX Nutrition Services $5,839.00 $299.68 $5,539.32 81XX Pavmenls to Other Governmental Un its $525,000.00 $0.00 $525,000.00 Elotal $26,364,163.00 $2,325,289.21 $24,038,873.79 R 41XX local Sources General ($23,354 163 .00 1$3,892,360.501 1$19,461,802.50) 44XX local So urces· Unrestricted -($260,000 .001 1$21,233 .941 ($238,766.06) 49)()( Special Revenue Services ($2,750,000.00) $0.00 ($2 ,750,000.00) RTotal ($26,364,163.00) ($3,913,594 .44) !$22,450,568.56) 3 E S1XX Regul•r lnst<u cUons Servic es $1 402 ,231.80 $92,492.06 $1 309,739.74 52XX So~<lal Populations S.rvlces S3,332 .236.l3 $432,003.59 $2,900,232.54 53)()( Alternative Proarams and Serviees $6,403 ,528.05 $431,742.71 $5,971,785.34 54)()( School Leadeishlp Services $6,000.00 $0.00 $6,000.00 ssxx School-Based Suooort SeNIGes $467 274.08 $29,566.95 $437,707.13 61XK Suooort and Oevelo"""'nt Se/Vices $14,158 .28 $26,333.03 ($12,174 .75: 63)()( Altern1tlve Programs and Seivlce, SUooort and Oeveloiiment Services $302,654.20 $40,470.37 $262,183 .83 65)()( IO.-atlonal Supoort Services $2,000.00 $0.00 $2 ,000.00 66XX Flnanclal and Human Resource serviees $43,410.05 $12,427.53 $30,982.52 81)()( Pavments to Other Governmental Units $636,961.96 $0.00 $636,961.96 82XX Unbudgeted Funds $1,293,688.78 $0.00 $1,293 688.78 ETotal $13 904 143.33 $1 06S,036.24 $12 839,107.0'J R 36XX Revenues from Federal Sources · Restrieted Grants (Received throu«h DPI) ($13,904,143.33) ($1,089,987.34) 1$12,814155.99) R Total 1$13,904,143.33) ($1,089,987.34) ($12,814,155 .99) 4 E 65XX 1nn,,,auonal Sunnn,t Services $1,092,646.66 $46,786.00 $1,045,860.66 90)()( Capital Olll~Y $32,500.00 $0.00 $32,500.00 ETotal ~1125 146.66 $46,786.00 $1.078,360.66 R 32)()( Other State Allocations for Current Operation., 1$11,375.0Sl 1$11,375.051 $0.00 41XX Looi Source, General 1$1,021.528.001 $0.00 ($1,021 ,528.00) 120318 HCBOC Page 271 44XX Local Sources -Unrestricted ($129.61 ($129 .61 $0.00 49XX Special Revenue Service.i 1$92)14.00 $0.00 ($92,114.00) R Total ($1,125,146.66 ($11 ,504 .66 l~l.113,642.001 5 E 72XX Nutt ition services $10,249,583.00 $693,239 .10 $9,556 343.90 81XX Pavments to Other Govemmental Units $780,000.00 $0 .00 $780,000.00 ETotal $11,029,583.00 $693,239.10 $10,336,343 .90 R 38XX Other Revenues from Federal Sources -Resttl.ted Granll ($8,141 S83.00) ($223 612.89 1$7 917 970 .11 43XX Local Sources· Revenues ($2,288,100.00 1$56,747.65) ($2,231,352.35) 44XX Local Sources • Unrestricted 1$52,000.00 1$10,514.32) ($41,485.68 ) 48XX Local Sources· Restricted {$2,900.00 $0.00 [$2,900.00) 49XX Special Revenue Services 1$545,000.00) $0.00 ($545,000.00) RTotal ($11,029,583.00 1$290,874-116 1$10,738,708.14 7 E S1XX Regula, lnst,uctloos Services $215,167.17 $1 3,719 .57 $201,447.60 52XX Special Pooulatlon s Servkes $2,500.00 $0.00 $2,500.00 53XX Altem;,tive Prouams anti Services $24,785 .97 $0.00 $24,785.97 54XX School Leaclershlo Services $24,000.00 $5,264 .90 $18,735 .10 ssxx Co-Cur,icular Services $22,240.76 $0.00 $22,240-76 S8XX School-~secl Suoport Services $6,262.00 $0.00 $6,262.00 65XX Operational Suooort SefVices $2,000.00 $0.00 $2,000.00 ETotal $296,955.90 $18,984.47 $277,971.43 R 41XX Local Sources General ($286,300.90) 1$4,778.02 ($281,522 .88 44XX local Sources• Unrest,ktecl 1$1,000.00' ($308.72} ($691.28) 49)()( Special Revenue Services ($9,655.00 $0 .00 ($9,655.00) R Total 1$296,9S5.90l ($5,086.74) ($291,869 .16) 8 E SlXX Regular Ins tructions Setvlces $2,285,074.02 $120,041.79 $2,165,032.23 S2XX Soeclal Pooulatlons Services $713,601.59 $77,387.68 $636,213.91 S3XX Alternative Pro1rims and Services $1,514,288.00 $112,399.24 $1,401,888.76 S4XX School Leadershio Services $122,802.14 $19 lSS.08 $103,647.06 ssxx Co-Currkular Services $56,242.26 $26 364.70 $29,877.56 S8XX School·B11ed Supoort Services $494,867.14 $41,185 .64 $453,681.SO 61XX Support encl Development SM1ites $9 7SO.OO $2,225.48 $7,524.52 62XX Speclal Populatlon Support and Deve!ooment Services $2,000.00 $0.00 $2,000.00 63)()( Alternative Prorrrams and Services Suooort and Development Services $55,690.46 $8,705.02 $46,985.44 64XX Technolo1.v Sunnnrt Services $752,767.03 $0.00 $752,767.03 6SXX Ooerational Support Services $1,139,636.38 $85,076.01 $1,054,560.37 66XX Financial anti Human Resource Services $640.00 $0.00 $6 40.00 69XX Poticy, Leadetshln and Publk Relations Servtces $4,849 .79 $0.00 $4,849.79 71XX Communltv Services $52,334.00 $1 5,3 12.38 $37 ,021,62 72 XX Nutrition Servltff $159,934.75 $1S 922.91 $144,011.84 ETotal $7,364,477.56 $S23 775.93 $6,840,701.63 R 32XX Other State Allocations for Current Ope rations ($2,053,617.21) ($700,167.2 1) ($1,353,450.001 37XX Revenue s from Federal Sources -Other Restricted Grants ($956,907.91) 1$512 821.251 ($444,086.66) 38XX Other Revenues t,om Federal Sources • Restri<ted Grants {$100.000 .00 1$10,19 1.00) ($89,809.001 42XX Local Sources -Tuition and Fees ($15,92 1.22 ($15,921.22 ) $0.00 44XX Local Sources · Unrest,lcted ($157,651.96) ($60S21 .56 ($97,130 .40) 4SXX Local Sources · Restricted ($7 962.26 !$791.521 ($7,170.74) 49XX Speclil Revenue Servtces {$4,072,417.00 $0.00 1$4,072,417.001 RTotal ($7,364,477.56 ($1,300,413.76) ($6,064,063 .80) 120318 HCBOC Page 272 Harnett County Schools General Fund Balance Report August 31, 2018 Funds Local Public School Fund 2 Capital Outlay Fund 4 Dunn District Tax Fund 7 Total Unass igned Fund Balance $3,005,227.00 $0.00 $298,366.00 $3,303,593.00 120318 HCBOC Page 273 Harnett County Schools Financials September 30, 2018 ;~~~~ iW,Wi -il1'1,';:1;~~1 ¥l .. ,·t·.<;dd ,.,( ·~t" . ''.: .-;{~ r: · , · ·: t: ~~1.~~! ,· ·• Fu . . ... _ ... . .~ IQI! ~-. .L .. . , ..... Q . Jl, . 1 E SJXX R .. ular lnslluctlons Services $78,562,949.91 $14,766,827 .00 $63,796,122.91 52XX Special Poputatioru Services $13,482,180.00 $2,505,342.26 $10 976,837.74 53)0( Alternauve Pro,rrams and Services $4,283,703.00 $1,058,385.73 $3,225,3 17.27 54XX Sthool Leadership Services $8,587,399.00 $1,955,292.69 $6,632,106.31 58)()( SChooJ-Bued SUnnnrt Services $10,645,142.00 $1,918,490.04 SS,726,651.96 61)()( Sunnnrt and DtveloPml!tlt Services $544,745.89 $134,214.92 S410.530.97 62XX ~ial Po1>ufatlon Sunn1>rt and Oevelooment Services $792,595.00 $152 838.24 $639,756.76 63XX Altetnatlve Proorams and Sen,kes SunDOrt and Development Servi ces $29,493.00 $75 .00 $29,418 .00 64XX Technology Suoport ~es $1,061 391.00 $259,635 .01 $801,755 .99 6SXX Operational Support Services $9,631.357.00 $2,130 074.73 S7,501,282.27 66)()( Financial and Human Resource Services $1,385,258.00 $344,653 .39 $1,040,604.61 67XX Accountabll~• Servkes $136,784.00 $39,863 .38 $96,920.62 68XX Svstem-Wide Puoil Sunnnrt Services $96,800.00 $20,532.20 $76,267.80 69)()( Policv, leadeuhio and Public Relations Services $842,018.00 $221,492.55 $620,525.45 72)()( Nutrition Services $59,800.00 $15,688.09 $44,111.91 ETotal $130,141,615.80 $25,523,405.23 $104,618,210.57 R 31XX State Pubtoc School Fund Revenue ($128,306,669.00I 1$25,536,003.78) ($102,770,665.22l 32)()( Other State Allocations for Current OpenUons 1$1834,946.801 $0.00 ($1,834,946.SOl R Total 1$130.141.615.80) ($25,536,003.78) 1$104,60S,612.02l 2 E 51)()( Regular lnstrucUons Servkes $5,643,120.00 $125,732.94 $5,517,387.06 S2XX Special Pooulatlons SMvicts $1,029,036.00 $77,180.21 $951,855.79 53)()( Alternatille Prouams and Selvices $231,486.00 $11,010.41 $220,475.59 S4XX School Leadenhlp Services $1 246,362 .00 $186,926.20 $1,059,435.80 ssxx Co -Curriculilr Services $882,609.00 $105,125.75 $777,483.25 58XX School-Based Suooort Servlcei $S25 090.00 $46 065.31 $479 024.69 61XX Support and Developrnent Services $950,889.00 $232,781.30 $718,107.70 62XX Special Population Supoort and Development Services $261,040.00 $51,946.47 $209,093.53 63)()( Alternative Prouilms and Service s Suooort and Development Services $3,765.00 $313.69 $3 4Sl.31 64)()( Techno"-' Su-rt Services $191 375.00 $23,772.52 $167,602.48 65)()( Ooerational Suoport Services $12 195 853.00 $2,456,559.63 $9,739,293.37 66)()( Financial and Human Resou rce Se,vlc;es $1,384,086.00 $174,539.93 $1,209,546.07 67)()( Accountabllitv Servkes $130,718.00 $27,004 .11 $103,713.89 68XX System-Wide Pupil Support Services $203,187 .oo $33,921.31 $169,265.69 69XX Por,cy, Leadersh lo and Public Relations Servkes $949,606.00 $182 ,763.81 $766842.19 71XX Communitv Se/Vices $5.102.00 Sl.265.92 $3,836.08 72)()( Nutrition SetV!ces $5,839.00 $299.68 $5,539 .32 81)()( Payments to Other Governmenlal Units $525,000.00 $0.00 $525,000.00 ETotal $26,364,163.00 $3,737,209 .19 $22,626,953.81 R 41)()( Local Sources General ($23,354,163.001 ($7,784,721 .001 ($15,569,442.00 44XX Local Sources· Unrestticted 1$260,000.00) 1$44, 726.06) 1$215,273.94) 49XX Special Revenue Services 1$2, 750,000.00) $0.00 ($2,750,000.00) RTotal ($26,364,163.00) ($7,829,447 .061 1$18,534,71 5.94 3 E SlXX ReRuiar ln,tructions Services $1,402,231.80 $168,522 .71 $1.233 709.09 52)()( Soec lal PooulatlOru Ser~kes $3 332,236 .13 $725,246 .76 $2,606,989.37 53)()( Alternative Pro.,ams and Servlees $6,403,528.05 $819,268.74 $5,584,259.31 54XX School leadmhlo Servkes $6 000.00 $0.00 $6,000.00 58)()( School-Based SUoport Se,vices $467,274.08 $57,039.45 $410,234.63 61 XX support and Development Services $14,158.28 $26,333.03 ($12,174.75) 63XX Alternative Pro.,ams and Services Support and Development Services $302,654.20 $63,824.31 $238,829 .89 6SXX Ooerallonal Sunnnrt Services $2,000.00 $0.00 $2,000.00 66)()( Financial and Human Resource Seivlces $43,410.05 $15,182.99 $28,227.06 81XX Payments to Olher Governmental Units $636,961.96 $0.00 $636,961.96 82XX Unbud2e1ed funds $1,293,688.78 $0.00 $1,293,688.78 ETotal $13,904,143.33 $1,875,417.99 $12,028,725.34 R 36XX Revenues from Federal Sources · Restricted Grants (Received through DPI) ($13,904.143 .331 ($1,910,446.00 ($11,993 ,697.331 RTotal 1$13,904,143.33) ($1,910,446.001 1$11,993,697 .331 4 E 65)()( Oo.!rational Support Services $1,092,646.66 $46,786.00 $1,045,860.66 90XX Caoltal Outlay $32,500.00 so.oo $32,500.00 ETotal $1125.146.66 $46,786.00 $1,078,360.66 R 32XX Other State Allocations for Current Operations 1$11,375.05} 1$11,375.05) $0.00 41XX Local Sources General ($1 ,021 ,528.00) $0.00 ($1,021,528.00) 120318 HCBOC Page 274 44XX local Sources -un,estricted ($129 .61) r$194 .891 $65 .28 49XX S=lal Revenue Sel'Vices 1$92,114.00 so.co ($92,114 .00) R Total 1$1125,146.66) ($11569.94 1$1113 S76.72 5 E 72XX Nutrition Senn ces $10,249,583.00 Sl,426,610.40 $8,822,972.60 81XX Payments to Other Governmental Unit s ·s730 000.00 $0.00 $780,000.00 ETotal $11 ,029,583.00 $1 ,426,610.40 $9,602 ,972 .60 R 38XX Othet Revenves from Federal Sources · Restricted Grants 1$8 141,583.00 1$753,338.0lJ IS7,388,244.99 43XX Loni Sourcel · Revenues ($2 ,288,100.00) ($158,392 .55 1$2,129 707 .45 44XX local Sourcei -Unrestricted ($52,000.00) r$15,621.92 ($36,378.08) 48XX local Sources , Restricted ($2,900.00 $0.00 ($2 ,900.00) 49XX Soeclal Revenue Services 1$545,000.00 $0.00 ($545 ,000.00) R Total ($11 ,029,583.00) 1$927,352.48 ($10,102,230.52) 7 E 51XX Re«ular 1nsvuct10ns Services $215,167.17 $34;563.41 $180,603.76 52)()( Special Populations Se<Vlces $2,500 .00 $0.00 $2,500.00 53XX Alternative Prog,ams an<I Services $24,785 .97 $1,956.85 $22,829.12 54)()( School leadershlo Services $24 000 .00 $6,846.63 $17,153 .37 ssxx Co-Cur,kular Servkes $22,240.76 $0.00 $22,240.76 58XX Schoo~Based Support Services $6,262.00 $0.00 $6,262 .00 65XX Ope rational 5u"=rt Services $2,000.00 $0.00 $2,000.00 ETota l $296,955.90 $43,366.89 $253,589.01 R 41 )()( local Sources General ($286,300.90} ($21 ,175.84} ($265,125.06 44)()( Local Sources, Unrestricted ($1 ,000.00) 1$464.20' ($535.80) 49XX Special Rewnue Services {$9,655.001 $0.00 ($9,655.00) RTotal ($296 955.901 ($21,640.04) ($275,315.86) 8 E 51XX RKulir Instructions Serviees $2,285,074.02 $297,234.04 $1,987,839.98 52XX Special """'ulations Setvlces $713,601.59 $82,047.59 $631,554.00 53X)( Altematlve Pro•rams and Senilces $1 514 288.00 $217,097.88 $1 ,297,190.12 54)()( School LeadershlD Servk es $122 ,802.14 $31,689.26 $91,112.88 55)()( Co-Curricular Services $56,242 .26 $43,371.09 $12,871 .17 ssxx School,8ased Support Services $494 ,867.14 $73,565.19 $421,301 .95 61XX Support and Oeveloomen t Services $9,750.00 $2 ,225.48 $7 524.52 62XX Soec ial Poou1ation Sunnnrt and Development Se rvices $2000.00 $488.62 $1,511 .38 63XX Alternative Programs and Services Support and Development Services $55,690.46 $14,375.61 $41 ,314.85 64)()( Technolo•v Suooort se,vlces $752,767 .03 $28,455.79 $724,311.24 6SXX Ooe ratlonal Suooort Services $1,139,636.38 $206,665.28 $932,971.10 66XX Financial and Human Resource Services $640.00 $0.00 $640.00 69XX Polcv, leadershlo and Public Relations Servic es $4,849.79 $4,695.74 $1 54.05 71XX Communltv Setvlces $52,334.00 $22 ,644.92 $29,689.08 72XX Nutrition Setvlces $159,934.75 $33 ,228.48 $126,706.27 Elotal $7,364,477.56 $1,057,784.97 $6,306,692.59 R 32XX Other State Allocations for Current Ooeratlons ($2,053,61 7.211 1$720,048.341 1$1 333,568.87) 37XX Revenue s from Federal Sourc es · Other Restricted Grants !$956,907.91) ($646,654.20) ($310,253.71) 38XX Other Revenues from Federal Sou rces -Restricted Grants ($100,000.00) ($22 ,011.76) ($77,988.24) 42XX local Source s · Tu ition and Fees ($15,921 .22 1$15.921 .22) $0.00 44XX local Sources · Unrestricted ($157,651 .96) ($5,916.03) ($151,735.93) 48)0( Locill Sources -Restricted ($7,962 .26} ($7,962 .26) $0.00 49 XX ISoeci.1 1 Revenue Servltl:$ ($4 ,072,417.00) $0.00 ($4,072,417 .001 R Total !$7,364,477.561 1$1,418,513 .81 1$5,945,963.751 120318 HCBOC Page 275 Harnett County Schools General Fund Balance Report September 30, 2018 Funds local Public School Fund 2 Capital Outlay Fund 4 Dunn District Tax Fund 7 Total Unassigned Fund Balance $3,005,227.00 $0.00 $298,366.00 $3,303,593.00 120318 HCBOC Page 276 Harnett County Schools Financia ls October 31, 2018 ~\'l:'.i t'i~~Jt ;I! .. .. ·_,,, ,·1111:i · E~fr)~'~-1'.i~--·;, .,,,. :ii<.:::W"~ !~ ·' 'ir 1:>·l~iaY.~Oitl~: Re'..ia f\!rfd ~U~t !,··. / •, . S ,,. l! .,,, f .....•• v · _.. m , ·" 1 E SlXX R""ular Instructions Services $78,539 128.64 $21,660 016.15 $56 879,112.49 ETotal R R Total ETotal R R Total 3 E Total R R Total 4 E Total R 52XX Speclal Populatlons SelVices $13,483,008.91 $3,699,013.54 $9,783 995.37 S3XX Alternatlve Promms and Services $4,283 ,910.23 $1,379,957.17 $2,903,953.06 S4XX School leade,shlD Services $8 633 ,151.00 $2,722,149.64 $5,911,001.36 58XX School·Based Support Se<vkes $10,645,970.93 $2,756,267.17 $7,889,703.76 61XX Sunnnrt and Deve!ooment Services $544,745.89 $178,743.54 $366,002 .3 5 62)()( ISoeclal Population Suooo,t and Development Se<vices $792,595.00 $220,206.03 $572,388.97 63XX Alternative Programs and Services Support ind Oeve looment Services $29,493.00 $341.76 $29 151.24 64XX Technology Support Services $1,195,917.00 $342,033.39 $853,883.61 6SXX lnn..mtonal Sunnnrt Services $9,631,357.00 $3,214 946,0 3 $6,416,410.97 66XX Fln1ncl1 l 1nd Hum1n Resource Services $1 385,258.00 $443,730.04 $941,527.96 67XX AccountabllityServlces $136,784.00 $51,090.54 $85,693.46 68XX System.Wide PupU Sunnnrt Services $96,800.00 $25,422.17 $71,377.83 69XX Polley, Leadership and Public Relations Services $842,018.00 $286,:17S.4S $555,642 .SS 72)()( Nutrition Services $59,800.00 $20,127.82 $39,672.18 31XX State Public School Fund Reven ue 32XX Other State Allocations for Current Operations 51)()( Regular Instructions SelVices 52XX Soeclal Pooulatlons Services 53XX Alternative Programs and Services S4XX School Leadershlo Strvlces ssxx Co.Currkular Services 58XX School·Based Support Selvices 61XX SuD<K>rt and Develoament SelViees 62)()( 1Soeclal """'•latlon Sunnn,t and Oevelooment Services 63XX AlternaUve P101rams and Services Supoort and Develooment Services 64XX Technology Support Services 65XX Ooeratlonal Sunnnrt Services 66XX Flnanclal and Human Resource Services 67XX Accountabilitv Ser.rices 68)()( Svstem-Wide Puoil Suooort Services 69XX Pollcv. Lea dershlo and Public Relations Services 71XX Community Services 72XX Nutrition Services 81XX P;iyments to Other Governmental Units 41)0( tool Sourc e, General 44)()( Local Sources -Unresttlcted 49)0( Special Revenue SelVices S1XX Resutar Instructions Strvlces 52XX s-1al Pooulatlom Services 53)0( Alternatlve Programs and Services 54XX School leadenhio Services sexx Sthool·8ued Sunnnrt Services 61)0( Support and Development Services 63XX Alternative Programs and Services Support and Development Services 65XX Opefational Supoort Services 66XX Flnanctal and Human Resource Services 81XX Pavments to Other Governmental Units 82XX Unbudgeted funds :16)()( Revenues from fedetal Sources -Restricted Gr ants (Received throuRh OPI) 65)()( Operational Support Services 69)()( Po&cy, leadership and Public Relations Services 90XX Capital Outlay 32XX Other sme Alloouons for current Operations 41XX Local Sources General $130 299,937.60 $37,000,420.44 $93,299,517.16 ($128 464,990.80' 1$25,536,003. 78 ($102,928,987.02 f$1 834,946.801 $0.00 ($1,834,946.80 ($130,299 ,937.60) ($25,536,003.78) ($104,763,933 .82) $5,643,120.00 $473,399.22 $5,169,720.78 $1,029,036.00 $110,509.21 $918,526.79 $231,486.00 $16,175.57 $215,310.43 $1.246,362.00 $251,551.80 $994,810.20 $882,609.00 $159,684.96 $722,924.04 $525 090.00 $85,200.76 $439 889.24 $950 889.00 $306,470.60 $644,418.40 $261.040.00 $70,964.06 $190,075.94 $3,765.00 $380.50 $3.384.50 $191,375.00 $32 ,66 1.95 $158 713.05 $12,195,853.00 $3 352 468.71 $8,843,384.29 $1,384,086.00 $224,046.22 $1,160,039.78 $130,718 .00 $35,574.98 $95,143 .02 $203 187.00 $50,619.01 $152.567.99 $949,606.00 $242,197.09 $707,408.91 $5 102.00 $1,265 .92 $3,836.08 $5.839.00 $299 .68 $5,539.32 $525,000.00 $146,041.06 $378,958.94 $26,364 163.00 $5 559,511.30 $20 804,651 .70 ($23,354,163.00) ($7,784 ,721.00 1$15,569,442.00) ($260,000.00) ($45 226.06 1$214, 773.94) ($2,750,000.00) $0.00 1$2,7S0,000.00) ($26,364,163.00) ($7 829,947.06' f$18,S34,215.94) $1,402,231.80 $296,990.27 $1,105,241.53 $3,332 ,236 .13 $1,082,661.97 $2,249,574.16 $6 403 528.0S $1.244,502.73 $5,159,025.32 $6,000,00 $409.32 $5,590.68 $467,274.08 $85,028.25 $382,245.83 $14,158.28 $26,433 .03 ($12,274.75) $302,654.20 $88,774.19 $213,880.01 $2,000.00 $104.64 $1,895.36 $43 410.05 $18,113 .45 $25,296.60 $636,961.96 $14,268.66 $622,693.30 $1.293,688.78 $0.00 $1,293 ,688.78 $13,904,143.33 $2,857,286.51 $11,046,856.82 ($13 904 143.33 1$1 910,446 .001 1$11993,697.33) 1$13,904,143.33 ($1,910,446.00) ($11,993,697.33 $1,086,646.66 $46,786.00 $1,039.860 .66 $6,000.00 $0.00 $6,000.00 $32,500.00 $0.00 $32,500.00 $1,125,146.66 $46 786.00 $1 078,360.66 ($11,375.05 ($11,375 .05 $0.00 ($1,021,528.001 $0.00 ($1,021,528 .00) 120318 HCBOC Page 277 44XX Local sources· Unrestricted ($129.61) ($194.89 $65.28 49XX Soeclal Revenue Services ($92,114.00 $0.00 {$92 114.00 R Total 1$1,125.146.66 {$11,569.94 ISl,113,576. 72 5 E 72XX Nutrition Services $10,249,583.00 $2,444 977.70 $7,804 605.30 81XX Payments to Other Governmental Units $780,000.00 $195,000.00 $585,000.00 ETotal $11,029,583 .00 $2,639,977.70 $8,389,605.30 R 38)()( Other Revenues from Federal Source, • Restricted Grants rss 141 ss3.oo ($753,338.01) ($7,388,244.99) 43XX Local sources · R~enues ($2,288,100.00) ($158,392.55) 1$2,129,707 .4S) 44)()( Local sou,ces • Unrestricted ($52,000.00) ($1S,621 .92 1$36,378.08 48)()( local Sources· Restricted ($2 ,900.00 $0.00 1$2 900.00 49XX """'"lal Revenue Services f$54S,OOO.OO $0.00 1$545,000.00 R Total 1$11,029,583.00) ($927,352.48) 1$10,102,230.52) 1 E 51)()( Regula, Instructions Services $215,167.17 $56,028.06 $159,139.11 52)()( Sptclill PopYlaUons Services $2,500.00 $0.00 $2,500.00 S3XX Altematlve Proar,ms and Services $24,785.97 $4,405.95 $20,380.02 S4XX School leadershlD Services $24,000.00 $8,766 .07 $15,233.93 5SXX Co-Curricular Services $22 240.76 $5,043.58 $17,197 .18 58XX School-Based Su•""" Serv1ce5 $6,262.00 $0.00 $6,262.00 65)()( Ooeratlonal SU•=rt Services $2,000.00 $0.00 $2,000.00 ETotal $296,955.90 $74,243.66 $222,712.24 R 41)()( Loul Sources General 1$286,300.90 ) ($21,175.84) 1$265,125.06) 44XX Local Sources • Unrestricted ($1,000.00) ($464.20) {$535.80) 49XX Soeclal Rev enue SelVices ($9,655.00) $0.00 ($9,655.00) R Total ($296,955.90) {$21,640.041 ($275,315.86 8 E SlXX Rt1tula, Instructions Se,vices $2 527,234.12 $355,022.64 $2,172,211.48 52)()( Soeclal Pooulatlons Services $791,677.65 $111,056.00 $680,621.65 53)()( Altern1tlve Programs and Suvlces $1,519,185.98 $338,919.59 $1,180,266.39 54)()( School Leadership Services $123,810.35 $44 559.14 $79,251.21 SSXX Co-Curricular Services $66,270.83 $56,446.83 $9,824.00 S8XX School-Based su~rt Services $496,467.14 $110,466.97 $386,000.17 61)()( Sun,v,rt and Oevelooment Services $9,750.00 $2,915.48 $6,834.52 62XX Special Pnnulation Sunport and Oevelopment Services $2000.00 $488.62 $1,511.38 63XX Alternative Proorams and 5e<Vite5 Support .ind Development Services $55,690.46 $19,687.87 $36,002.59 64XX TechnolOl!V Sunnnrt St<vlces $752,767.03 $340,568.11 $412,198.92 6SXX Oi>eratlonal SUnnnrt Services $1,186,731.31 $275 019.09 $911,712.22 66XX Financial and Human Resource Services $1,140.00 $48.67 $1091.33 69)()( Pollcv, Leadership and Public Relations Services $4,849 .79 $4,695.74 $154.0S 71)()( Community Services $52,334.00 $30,308.11 $22,025.89 72XX Nutrition Servlces $160,742.13 $35,345.08 $125,397.05 £Total $7,750,650.79 $1,725,547.94 $6,025,102.85 R 32)()( Othe, State Allocation.I ror Current Operations 1$2 053 617.211 1$720,048.341 ($1,333 568.871 37XX Revenues ftom Federal Sources· Other Re,tricted Grants ($1,025,083.971 1$714,830.26) ($310,253.71) 38XX Other Revenues from Federal SOur(eS • Restricted Grants ($100,000.00) ($34,239 .96) ($65,760.041 42)()( Local Sources • Tuition and Fees ($15,921.22) ($15,921.221 $0.00 44XX Local Sources • Un,e<trlcted 1$209,313.321 1$77,976.65) ($131,336.67) 48XX Local sources. Restricted 1$274,298.07) ($274,298.07) $0.00 49XX Soeclal Revenue Services ($4,072,417.00) $0.00 ($4,072,417.00) RTotal /S7,750,650.79 /$1,837,314.50) ($5,913,336.29} 120318 HCBOC Page 278 Harnett County Schools General Fund Balance Report October 31, 2018 Funds Local Public School Fund 2 Capital Outlay Fund 4 Dunn District Tax Fund 7 Total Unassigned Fund Balance $3,005,227 .00 $0.00 $298,366.00 $3,303,593.00 120318 HCBOC Page 279 HARNETI COUNTY Agenda Item 11 ~~ @ Harnett FINANCIAL SUMMARY REPORT C OUNT Y "Ot::11-l CAROlP.f.t August, 2018 GENERAL FUND UNAUDITED FYE2019 FYE 2019 Total Same Period Department FYE 2017 FYE 2018 Adjusted Budget Activity Percent Last Fiscal Year to Date Governing Body $ 272,690 $ 253,533 $ 318,172 $ 114,821 36.09% $ 92,369 Administration 404,153 377,876 572,591 77,135 13.47% 88,489 Legal Services 95,207 158,616 148,392 41,894 28.23% 32,474 Human Resources 257,066 280,726 317,053 57,307 18.07% 55,776 Board of Elections 415,400 384,629 450,505 59,819 13.28% 59,561 Finance 848,360 918,510 1,145,477 144,869 12.65% 162,725 Insurance -Retirees 415,000 520,000 520,000 78,912 15.18% 72,623 Clerk of Court 92,784 116,465 90,352 7,569 8.38% 17,319 Tax 1,594,220 1,595,739 1,645,988 203,031 12.33% 269,678 General Services 156,539 201,863 220,654 29,437 13.34% 23,299 Fleet Maintenance 540,424 603,807 666,358 69,975 10.50% 72,451 Transportation 1,707,476 1,503,362 1,763,979 171,505 9.72% 164,597 Transportation -Admin 247,359 257,534 291,541 27,465 9.42% 45,638 Facilities Maintenance 2,700,087 2,708,944 3,027,641 1,059,798 35.00% 693,145 Register of Deeds 769,621 801,510 825,889 87,120 10.55% 90,761 Information Technology 1,962,777 2,140,453 2,307,939 378,626 16.41% 449,991 GIS 592,936 619,195 657,445 97,035 14.76% 99,460 Sheriff 9,596,512 10,154,983 10,898,524 1,2 60,923 11.57% 1,364,068 Campbell Deputies 461,128 475,585 530,957 57,096 10.75% 59,212 Sheriff's Department Grants 19,237 22,202 Child Support Enforcement 79,381 73,464 83,764 8,946 10.68% 9,660 Governor's Highway Safety 70,803 70,159 9,084 12.95% Communications 1,648,761 1,817,639 1,941,430 285,942 14.73% 299,366 School Resource Officers 738,896 743,916 774,868 98,080 12.66% 103,078 Jail 4,669,491 5,100,614 5,559,409 720,733 12.96% 771,616 Emergency Services 829,545 859,240 1,041,298 92,129 8.85% 173,982 Emergency Services Grant 58,000 48,218 24,778 443 Emergency Medical Service 6,296,462 6,702,896 7,273,336 932,121 12.82% 914,798 EMS Transport 14 Rescue Districts 3,361,704 3,462,557 3,566,434 594,407 16.67% 577,094 Animal Control 437,729 525,445 340,830 46,649 13.69% 56,327 Animal Shelter 306,719 22,601 7.37% Medical Examiner 65,900 98,350 68,423 2,700 3.95% 4,500 JCPC Admin 5,016 3 ,795 15,500 Public Safety Appropriations 75,361 62,364 49,000 8,170 16.67% 670 Harnett Regional Jetport 189,136 211,335 260,115 56,119 21.57% 33,362 Soil & Water 177,452 162,931 206,414 23,869 11.56% 16,536 Environmental Protection 4,000 4,000 4,000 4,000 100.00% 4,000 Forestry Program 100,108 108,296 121,519 6,742 5.55% Economic/Physical Dev. App . 575,679 783,782 775,000 U:\My Documents\Monthly Re ports\2018 ~ 2019\August 2018 · Financial Statement s 1 120318 HCBOC Page 280 ~~ HARNETT COUNTY 10/22/2018 Harnett FINANCIAL SUMMARY REPORT COUNTY ~Q~h (AROll~A August, 2018 GENERAL FUND UNAUDITED FYE 2019 FYE 2019 Total Department FYE 2017 Same Period FYE 2018 Adjusted Budget Activity Percent Last Fiscal Year to Date Industrial Development 1,017,433 953,745 1,111,268 53,612 4.82% 123,895 Development Services 1,363,085 1,423,859 1,621,496 184,776 11.40% 196,746 Community Development (BG) 19,116 (99) 1,300 Abandoned MFG Home 23,216 22,899 33,740 2,892 8 .57% 2,911 Cooperative Extension 364,853 338,079 406,863 19,226 4.73% 46,786 CCR&R -Block Grant 25,877 18,801 28,911 1,455 5.03% 6,865 CCR&R -United Way Parents As Teachers Adolescent Parenting 77,605 76,498 76,475 8,630 11.28% 8,796 4-H Teen Court & At Risk 45,234 54,132 54,000 4,965 9.19% 5,607 Child Care Youth Training Race to the Top 657 Adolescent Parenting -BJRH Special Programs 20,764 36,498 44,900 2,783 6 .20% 2,899 Department on Aging 316,827 334,754 346,058 34,125 9 .86% 35,259 Family Caregiver Support 67,657 73,124 71,260 9,311 13.07% 9,646 RSVP 83,864 89,057 94,324 9,692 10.28% 9,580 CAP -Disabled Adults 324,799 351,298 368,841 45,764 12.41% 45,525 Nutrition for Elderly 405,411 427,178 439,670 33,740 7 .67% 53,239 Health 5,745,786 5,656,874 6,548,798 640,599 9.78% 746,157 Mental Health 605,679 605,679 605,679 151,420 25.00% 151,420 Social Services 12,216,121 12,119,670 13,133,976 1,469,549 11.19% 1,627,222 Public Ass istance 9,118,139 5,767,617 4,499,868 398,298 8 .85% 1,395,170 Veteran's Services 213,802 256,137 281,120 34,988 12.45% 31,527 Restitution 101,763 112,897 101,3 55 11,318 11.17% 14,104 Hum an Services App. 36,059 31,130 42,000 7,741 18.43% 7,741 Library 971,658 1,040,166 1,266,152 134,718 10.64% 116,665 Cultural & Recreation a l App. 185,000 184,014 188,010 150,000 79.78% Parks & Recreation 800,422 972,485 1,280,757 289,720 22.62% 214,113 Education Board of Education -N Harnett Board of Education -add teach 72,542 506,781 100,000 Board of Education -current 21,420,138 21,068,027 23,354,163 3,892,361 16.67% 3,511,338 Bo ard o f Education -capital 122,625 1,323,276 1,021,528 98,031 Board of Education -t eachers 1,055,200 1,776,084 Central Carolina -current 1,019,467 1,080,450 1,140,207 190,035 16.67% 180,075 Central Carolina -capital 26,197 28,595 200,000 Central Carolina -heal th science! Ce ntra l Carolina -works Central Carolina -DOT Subtotal -Operating $ 100,328,607 $ 101,664,882 $ Expenditures 107,345,172 $ 14,718,347 13.71% $ 15,520,385 U:\My Oocuments\Monthty Reports\2018 · 2019\August 2018 -Fin ancial Statements 2 120318 HCBOC Page 281 ~~ Harnett COUNTY hO 1-'fAROll'O Department lnterfund Transfers Debt Service Interest Principal Cost of Issuance Other Financing Uses Contingency Subtotal Other Financing Uses: Total Expenditures Source Ad Valorem Taxes Real and Personal Motor Vehicles Sales Tax Other taxes Permits & Fe es Intergovernmental Revenue Sales & Services Other Revenues Rents, Concessions & Fee s Subtotal -Operating Revenues Investment Earnings Other Financing Sources lnterfund Transfers Fund Balance Appropriated Subtotal Other Financing Sources: Total Revenues Revenues over/ (under) expenditures $ HARNETT COUNTY FINANCIAL SUMMARY REPORT FYE 2017 3,628,409 3,852,362 13,660,527 (3,131) 21,138,167 August, 2018 GENERAL FUND UNAUDITED FYE 2019 FYE 2018 Adjusted Budget 15,102,656 13,831,667 493 ,040 $ 15,102,656 $ 14,324,707 $ FYE 2019 Activity $ 121,466,774 $ 116,767,538 $ 121,669,879 $ 14,718,347 UNAUDITED FYE 2019 FYE 2019 FYE2017 FYE 2018 Adjusted Budget Activity $ 56,335,636 $ 56,199,005 $ 56,285,656 $ 58,547 6,637,839 6,956,231 6,604,396 20,518,531 15,891,423 15,904,175 1,259,723 1,325,445 1,575,000 276,795 2,961,556 2,753,903 4 ,175,575 355,291 18,900,426 17,247,932 16,688,645 397,422 9,857,148 7,638,963 8,362,743 540,028 3,204,306 3,544,404 6,334,771 140,171 67,075 74,990 7 3,529 12,780 $ 119,742,240 $ 111,632,296 $ 116,004,490 $ 1,781,034 247,493 562,897 350,000 100,962 24,951 1,657,613 2,776,337 3,205,563 2,109,826 $ 1,930,057 $ 3,339,234 $ 5,665,389 $ 100,962 $ 121,672,297 $ 114,971,530 $ 121,669,879 $ 1,881,996 $ 205,523 $ {1,796,008) $ {12,836,351) U:\Mv Oocuments\Mont hly Re ports\2018 -2019\August 2018 -Financial St ate ments Total Percent to Date 10/22/2018 Same Period Last Fiscal Year $ 47,057 1,038,042 1,085,099 12.10% $ 16,605,484 Total Percent Same Period to Date Last Fiscal Year 0.10% $ 315,257 592,538 17.57% 206,261 8.51% 550,926 2.38% 2,166,359 6.46% 975,637 2.21% 4 33,273 17.38% 11,984 1.54% $ 5,252,235 28.85% 37,014 1.78% $ 37,014 1.55% $ 5,289,249 $ {11,316,235} 3 120318 HCBOC Page 282 ~~ HARNETI COUNTY 10/22/2018 Harnett FINANCIAL SUMMARY REPORT COUNTY ,_ORll' (AROLl'O, August, 2018 GENERAL FUND Cash and Investments PNC Regions MBS NCCMT Total August 2018 $ 488,581 $ 1,004,598 $ 14,531,517 $ 5,088,423 I $ 21 ,113120 -July 201 8 $ 4 ,945,986 $ 1,004,514 $ 14,543,575 $ 5,070,641 $ 25,564,715 June 2018 $ 10,560,452 $ 1,004,514 $ 14,756,998 $ 5,070,641 $ 31,392,604 M ay 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 M arch 2018 $ 19,890,955 $ 1,002,939 $ 14,773,770 $ 5,047,045 $ 40,714,709 February 201 8 $ 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 201 7 $ 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 Jun e 2017 $ 15,955,001 $ $ 12,833,501 $ 5,001,060 $ 33 ,7 89,562 May 2017 $ 18,829,971 $ $ 12,883,8 75 $ 5,000,000 $ 36,713,847 April 2017 $ 24,350,798 $ $ 12 ,883,875 $ 5,000,000 $ 4 2,2 34,673 March 2017 $ 37,665,55 9 $ $ 10,900,020 $ $ 48,565,578 Ca sh Fl ow $55,000,000 $45,000,000 $35,000,000 $25,00 0,000 U:\M y Oocuments\Mont hly Rep orts\2018 -2019\August 2018 -Financial Sta tement s 4 120318 HCBOC Page 283 ~~ Harnett C O U NT Y NO 1-fAROlPO. HARNETT COUNTY FINANCIAL SUMMARY REPORT August, 2018 GENERAL FUND Estimated Fund Balance 10/22/2018 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 -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 Restricted Fund Balance -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. That portion of fund balance that the County intends to use for specific purposes. The County Assigned Fund Balance - Commissioners have the authority to assign fund balances . Unassigned Fund Balance - Non Spendable Restricted Committed Assigned Unassigned Total General Fund General Fund Expenditures Unassign ed Fund Balance as a % of Expenditures 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. 2014 2015 2016 2017 llN:i~~JEP $ 111,181 $ 159,625 $ 1,418,606 $ 232 ,245 $ 232,245 $ 9,260,952 $ 11,496,063 $ 11,966,027 $ 9,068,575 $ 9,068,575 $ $ $ $ $ $ 3,193,811 $ 2,600,000 $ $ $ $ 18,732,095 $ 19,417,388 $ 26,311,9 73 $ 32,547,008 $ 30,751,000 $ 31,298,039 $ 33,673,076 $ 39,696,606 $ 41,847,828 $ 40,051,820 $ 103,330,529 $ 108,508,715 $ 112,272,703 $ 119,688,680 $ 116,767,538 18.13% 17.89% 23 .44% 27.19% 26.34% U:\My Doc u ment.s\M onthfy Reports\2018 -2019\August 2018 -Financial St atements 5 120318 HCBOC Page 284 ~~ Harnett COUNTY IIIOPT r UOI I "iA 21.00% 11.00% 1.00% 201 4 HARNETT COUNTY FINANCIAL SUMMARY REPORT 2015 August, 2018 GENERAL FUND Fund Balance % 2016 2017 2018 The Harnett County Board of Commissioners have approved a fund balance policy which strives to maintain a minimum fund balance of 15%. U:\My Documents\Mont hty Reports\2018 -20 19\August 2018 -Financial Statements 10/22/2018 6 120318 HCBOC Page 285 ~~ HARNETT COUNTY 10/22/2018 Harnett FINANCIAL SUMMARY REPORT COUNTY ---"'Oli M (I.ROI f~A August, 2018 PUBLIC UTILITIES FUND UNAUDITED FYE2019 FYE 2019 Total Same Period Department FYE 2017 FYE 2018 Adjusted Budget Activity Percent Last Fiscal Year to Date Admin/CSR/Meter Services $ 4,068,457 $ 5,350,782 $ 7,091,150 $ 475,247 6 .70% $ 339,047 Water Treatment 4,701,727 5,018,482 5,967,235 725,587 12.16% 708,779 Wastewater Treatment 2,442,732 2,770,438 3,035,750 185,856 6.12% 384,360 Wastewater Treatment SHWW 2,312,626 2,424,437 3,329,259 237,997 7 .15% 305,851 Distribution 4,079,847 4,201,762 4,890,405 564,185 11.54% 634,897 Collections 3,509,807 3,962,350 4,620,448 331,640 7.18% 352,392 Subtotal -Operating $ 21,115,196 $ 23,728,251 $ Expenditures 28,934,247 $ 2,520,512 8.71% $ 2,725,326 lnterfund Transfers 11,684,213 1,996,590 Depreciation 9,488,101 Debt Service Interest 2,250,846 1,348,479 1,224,769 40,417 3 .30% 43,929 Principal 3,113,936 3,162,027 2,976,737 142,500 4.79% 138,833 Subtotal Other Financing $ 26,537,096 $ 6,507,096 $ Uses: 4,201,506 $ 182,917 4.35% $ 182,762 Total Expenditures $ 47,652,292 $ 30,235,347 $ 33,135,753 $ 2,703,429 8.16% $ 2,908,088 UNAUDITED FYE 2019 FYE 2019 Total Same Period Source FYE 2017 Percent FYE 2018 Adjusted Budget Activity Last Fiscal Year to Date Intergovernmental Revenue $ 3,703 $ 3,703 $ 3,703 $ $ Sales & Services 35,382,681 38,429,159 32,413,050 6,368,304 19.65% 6,599,631 Oth er Revenues 5,091,063 2,113,301 707,000 89,639 12.68% 69,463 Rent s, Concess . & Feee s (3,018) 26,770 12,000 3,206 26 .72% 2,145 Subtotal -Operating $ 40,474,429 $ 40,572,933 $ Revenues 33,135,753 $ 6,461,149 19.50% $ 6,671,239 Other Finance Sources 4,100,456 lnterfund Tran sfers 45,034 Fund Balance Appropriated Subtotal Other Financing $ 45,034 $ 4,100,456 $ $ $ Sources: Total Revenues $ 40,519,463 $ 44,673,389 $ 33,135,753 $ 6,461,149 19.50% $ 6,671,239 Revenues over/ (under) expenditures $ (7,132,829) $ 14,438,042 $ 3,757,720 $ 3,763,151 U:\My Oocu m ents\M onthly Reports\2018 • 2019\August 2018 • Financial Sta tements 7 120318 HCBOC Page 286 ~~ Harnett COUNTY ~01.:"H fAROl l'f' August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 July 2017 June 2017 M ay 2017 April 2017 March 2017 $45,000,000 $40,000,000 $35,000,000 $30,000,000 $25,000,000 $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ HARNETT COUNTY FINANCIAL SUMMARY REPORT August, 2018 PUBLIC UTILITIES FUND Cash and Investments PNC Lockbox Money Mkt 30,526,012 $ 9,542,830 $ 5,036,922 $ 25,873,774 $ 9,543,247 $ 5,030,614 $ 29,872,098 $ 9,188,610 $ 5,030,614 $ 24,549,937 $ 8 ,702,997 $ 5,029,608 $ 22,572,546 $ 8,216,795 $ 5,024,507 $ 22,572,546 $ 8,216,795 $ 5,024,507 $ 26,782,449 $ 8 ,062,325 $ 5,022,580 $ 30,506,523 $ 7,782,284 $ 5,018,391 $ 28,953,329 $ 7,750,772 $ 5,016,260 $ 27,807,215 $ 7 ,213,780 $ 5,014,199 $ 26,818,623 $ 6,886,050 $ 5,012,069 $ 25,541,516 $ 6,526,813 $ 5,010,010 $ 24,609,773 $ 6 ,454,907 $ 5,007,882 $ 23,098,741 $ 5 ,739,955 $ 5 ,005,756 $ 2 2,125,214 $ 5 ,549,386 $ 5,005,756 $ 25,982,342 $ 5,236,513 $ 5,003,63 1 $ 32,934,935 $ 4,914,027 $ 5,001,575 $ 31,893,934 $ 9 ,713,915 $ $ Cas h Flow U:\My Documents\Monthty Reports\2018 • 2019\August 2018 -Financial Statement s 10/22/20 18 NCCMT Total 61,774 $ 45,167,537 60,420 $ 40,508,055 59,314 $ 44,150,637 57,652 $ 38,340,195 38,039 $ 35,851,887 38,039 $ 35,851,887 31,099 $ 39,898,454 30,919 $ 43,338,118 30,526 $ 41,750,887 30,382 $ 40,065,576 29,701 $ 38,746,444 27,553 $ 37,105,892 27,402 $ 36,099,964 26,874 $ 33,871,325 26,474 $ 32,706,8 30 624,363 $ 36,846,849 614,100 $ 43,464,638 599,368 $ 42,207,21 7 8 120318 HCBOC Page 287 ~~ HARNETT COUNTY 10/22/2018 Harnett FINANCIAL SUMMARY REPORT COUN T Y ~Oflft-o ( ARO! !~A August, 2018 SOLID WASTE FUND UNAUDITED FYE 2019 FYE 2019 Total Same Period Department FYE 2017 FYE 2018 Adjusted Budget Activity Percent Last Fiscal Year to Date Solid Waste $ (614,428) $ 5,210,859 $ 5,406,544 $ 465 ,016 8.60% $ 447,180 Subtotal -Operating $ (614,428) $ 5,210,859 $ Expenditures 5,406,544 $ 465,016 8 .60% $ 447,180 Other Financing Uses lnterfund Transfers Depreciation 584,770 Debt Service Interest 75,916 49,725 55,389 11,601 20.94% 14,185 Principal 466,362 474,324 348,467 13,012 3 .73% 51,255 Co st of Issuance Subtotal Other Financing $ 1,127,048 $ 524,049 $ Uses: 403,856 $ 24,612 6.09% $ 65,440 Total Expenditures $ 512,620 $ 5,734,908 $ 5,810,400 $ 489,628 8.43% $ 512,620 UNAUDITED FYE 2019 FYE 2019 Total Same Period Source FYE 2017 Percent FYE 2018 Adjusted Budget Activity to Date Last Fiscal Year Taxe s $ 282,599 $ 258,016 $ 250,000 $ $ Intergovernmental Revenue 60,036 10,287 70,000 Sales & Services 5,731,760 5,748,509 5,475,700 226,184 4 .13 % 257,287 Other Revenue s 2,472,394 306,491 14,700 1,262 8.59% 5,22 6 Rents, Conces s. & Feees 2,548 3,224 Subtotal -Operating $ 8,549,337 $ 6,326,527 $ Revenues 5,810,400 $ 227,446 3.91% $ 262,513 Other Finance Sources lnterfund Tran sfers Fund Balan ce Appropriated Subtotal Other Financing $ $ $ $ $ Sources: Total Revenues $ 8,549,337 $ 6,326,527 $ 5,810,400 $ 227,446 3.91% $ 262,513 Revenues over/ (under) $ expenditures 8,036,717 $ 591,619 $ (262 ,182) $ (250,107) U:\My Documents\Monthty Reports\2018 • 2019\Augu st 2018 -Financial Statement s 9 120318 HCBOC Page 288 ~~ HARNETT COUNTY 10/22/2018 Harnett FINANCIAL SUMMARY REPORT COUNTY r,.o Tl-I CARCH 1'11 August, 2018 SOLID WASTE FUND Cash and Investments PNC BB&T First Bank NCCMT Total August 2018 $ 191,013 $ 417,290 $ 1,128,211 $ 64,670 $ 1,801,184 July 2018 $ 485,175 $ 393,751 $ 1,102,052 $ $ 1,980,978 June 2018 $ 843,321 $ 365,134 $ 1,086,364 $ $ 2,294,819 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 $ 3,622,059 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 $ 2,070,004 March 2017 $ 697,465 $ 796,560 $ 738,482 $ 316,381 $ 2,548,889 Cash Flow $4,000,000 $3,000,000 $2,000,000 U:\My Document s\Monthly Reports\2018 -2019\August 2018 -Fin ancial Stat~ments 10 120318 HCBOC Page 289 ~~ HARNETT COUNTY 10/22/2018 Harnett FINANCIAL SUMMARY REPORT COUNTY "IORT~ (ARO l~A August, 2018 CAPITAL RESERVE FUNDS Cash and Investments Sheriff EMRG General Board of Special Parks & Radio Harnett SRVC Govt Education Projects Rec System Jetport L August 2018 $ 619,687 $ 261,329 $ 1,297,377 $ 1,023,565 $ 2,429,054 $ 280,396 $ $ 496,019 July 2018 $ 615,909 $ 261,329 $ 1,311,032 $ 1,023,565 $ 1,625,104 $ 280,396 $ $ 496,019 June 2018 $ 597,571 $ 261,329 $ 1,360,501 $ 1,023,565 $ 1,387,908 $ 280,396 $ $ 496,019 May 2018 $ 576,132 $ 261,140 $ 1,598,405 $ 1,023,565 $ 130,017 $ 275,291 $ $ April 2018 $ 710,226 $ 261,140 $ 2,010,139 $ 808,780 $ 250,897 $ $ $ March 2018 $ 702,353 $ 261,140 $ 2,057,308 $ 758,524 $ 260,131 $ $ $ February 2018 $ 704,689 $ 261,140 $ 2,103,954 $ 823,944 $ 419,013 $ $ $ January 2018 $ 786,663 $ 265,703 $ 698,353 $ 614,039 $ 171,532 $ $ $ December 2017 $ 394,855 $ 1,550 $ 824,864 $ 309,290 $ 181,945 $ $ $ November 2017 $ 516,477 $ 257,339 $ 844,648 $ 610,428 $ 197,034 $ $ $ October 2017 $ 516,477 $ 343,323 $ 1,068,957 $ 702,361 $ 197,034 $ $ $ September 2017 $ 516,477 $ 83,889 $ 803,226 $ 747,289 $ 233,175 $ $ $ August 2017 $ 516,477 $ 103,064 $ 770,920 $ 651,969 $ 233,175 $ $ $ July 2017 $ 516,477 $ 353,453 $ 617,434 $ 750,000 $ 233,175 $ $ $ June 2017 $ 517,361 $ 383,593 $ 529,414 $ $ 233,175 $ $ $ May 2017 $ 506,380 $ 463,866 $ 545,040 $ $ 233,175 $ $ $ April 2017 $ 238,141 $ 113,866 $ 145,199 $ $ 200,000 $ $ $ March 2017 $ 239,825 $ 152,782 $ 189,497 $ $ 200,000 $ $ $ 120318 HCBOC Page 290 ~(~ Harnett cou_tl'fY "if'1 ri,, (,\',Ill 1°',l $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000 $1,000,000 $· ~ i> f HARNETf couNTY f \NANC\Al suMMAR'I REPORT August, 2018 CAPITAl RESERVE fUNDS cash f\ow ~ ~ ,t.--•w: ,.1! ~ . ,:;,~ -~ 0.. ~ ~<I '2-,:;,"r <o~ «.<,; ...,.t' <; 10/22/2018 ~ 0-c) f 120318 HCBOC Page 291 ~~ Harnett COUNTY ~OHi-(AIIOLl~.l Category Fixed Cost Claims Funded Transfer to Capital Reserve Total Expenditures Source Departmental Charge Other revenues Intere st Fund Balance Appropriated Total Revenues Revenues over/ (under) expenditures HARNETT COUNTY FINANCIAL SUMMARY REPORT August, 2018 WORKER'S COMPENSATION FUND UNAUDITED FYE 2019 FYE 2019 FYE 2017 FYE 2018 Adjusted Budget Activity $ 198,426 $ 181,278 $ 32,000 $ 164,231 2,743 ,792 720,000 150,000 203,233 455,537 1,068,000 $ 2,942,218 $ 1,356,815 $ 1,250,000 $ 367,464 UNAUDITED FYE 2019 FYE 2019 FYE 2017 FYE 2018 Adjusted Budget Activity $ 1,599,984 $ 883,087 $ 1,100,000 $ 120,996 2,563,155 186,828 150,000 47,584 20,691 $ 4,163,139 $ 1,090,606 $ 1,250,000 $ 168,580 $ 1,220,921 $ (266,209) $ (198,884) U:\My Doc.uments\Monthty Reports\2018 -20 19\August 2018 -Financial St atement s 10/22/2018 Total Same Period Percent Last Fiscal Year to Date 513.22% $ 158,403 135.49% 100,000 29.40% $ 258,403 Total Same Period Percent Last Fiscal Year to Date 11.00% $ 147,177 31.72% 15,302 13.49% $ 162,479 $ (95,924) 13 120318 HCBOC Page 292 ~~ HARNETT COUNTY 10/22/2018 Harnett FINANCIAL SUMMARY REPORT COUNTY hORlio! (A.ROll'O, August, 2018 WORKER'S COMPENSATION FUND Cash and Investments PNC NCCMT Total August 2018 $ 2,392,982 $ 1,602,270 $ 3,995,252 July 2018 $ 2,384,957 $ 1,590,504 $ 3,975,462 June 2018 $ 2,591,867 $ 1,590,504 $ 4,182,371 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 $ 3,971,5 84 June 2017 $ 2,904,633 $ 1,211,772 $ 4,116,405 May 2017 $ 2,809,436 $ 1,211,772 $ 4,021,2 08 April 2017 $ 265,521 $ 1,211,772 $ 1,477,293 March 2017 $ 2,833,889 $ 1,211,772 $ 4,045,661 Cash Flow $5,000,000 $4,000,000 $3,000,000 $2,000,000 - f} 0..::S ~ U:\My Doc u me nts\Monthty Reports\2018 · 2019\August 20 18 • Financial State m ents 14 120318 HCBOC Page 293 ~~ Harnett COUNTY ~OR 1 1-1 (AROtl~A Liability as of July 1 Current year cl aims and changes in estimates Actual claim payments Liability as of end of month HARNETT COUNTY FINANCIAL SUMMARY REPORT August, 2018 WORKER'S COMPENSATION FUND $ 2,906,331 14,100 2,422 $ 2,918,009 Liability # of Claims this fiscal year U:\My Documents\Monthly Reports\2018 -2019\August 2018 -Financia l Sta tements 10/22/2018 15 15 120318 HCBOC Page 294 ~~ HARNETT COUNTY 10/22/2018 Harnett FINANCIAL SUMMARY REPORT COUNTY ~Oli:11-1 rARO! l'i,' August, 2018 EMPLOYEE CLINIC FUND UNAUDITED FYE 2019 FYE 2019 Total Same Period Department FYE 2017 FYE 2018 Adjusted Budget Activity Percent Last Fiscal Year to Date Employee Clinic $ 150,473 $ 169,326 $ 175,056 $ 18,902 10.80% $ 22,355 Total Expenditures $ 150,473 $ 169,326 $ 175,056 $ 18,902 10.80% $ 22,355 UNAUDITED FYE 2019 FYE 2019 Total Same Period Source FYE 2017 Adjusted Budget Percent FYE 2018 Activity Last Fiscal Year to Date Departmental Ch arge $ 172,135 $ 159,828 $ 175,056 $ 24,990 14.28% $ 25,125 Interest 527 Fund Bala nce Appropriated Total Revenues $ 172,135 $ 160,355 $ 175,056 $ 24,990 14.28% $ 25,125 Revenues over/ (under) expenditures $ 21,662 $ (8,971) $ 6 ,088 $ 2,770 U:\My Oocuments\Monthty Re ports\2018 • 20 19\August 2018 -Financial Statements 16 120318 HCBOC Page 295 ~~ Harnett Ll?._U N T Y ~or~r cuou~A August 2018 July 2018 June 2018 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 $690,000 $680,000 $670,000 $660,000 $650,000 ~ (:f> ~ HARNETT COUNTY FINANCIAL SUMMARY REPORT August, 2018 EMPLOYEE CLINIC FUND Cash and Investments PNC $ 637,868 $ $ 639,583 $ $ 639,263 $ $ 640,894 $ $ 624,433 $ $ 647,934 $ $ 647,192 $ $ 632,311 $ $ 631,457 $ $ 639,213 $ $ 640,629 $ $ 640,059 $ $ 639,388 $ $ 627,671 $ $ 638,529 $ $ 643,317 $ $ 645,207 $ $ 642,930 $ Cash Flow U:\My Oocuments\Monthly Reports\2018 -2019\August 2018 -Financia l Statements 10/22/2018 NCCMT Total 40,773 $ 678,641 40,475 $ 680,058 40,475 $ 679,738 40,408 $ 681,302 40,339 $ 664,772 40,291 $ 688,225 40,246 $ 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 $ 672,171 17 120318 HCBOC Page 296 ~~ Harnett COUNTY ~ORTM (UOI ;~A August 2018 July 2018 June 2018 May 2018 April 2018 March 2018 February 2018 January 2018 December 2017 November 2017 October 2017 September 2017 August 2017 180 160 140 120 100 80 60 40 20 0 ~I} ,:>~ ~ ~4. ~ HARNETT COUNTY FINANCIAL SUMMARY REPORT August, 2018 EMPLOYEE CLINIC FUND Employee Clinic Utilization I # of Visits I 145 138 Health Prevention 150 152 137 # Flu shots 151 165 174 131 # Pneumonia shots 135 153 133 142 Patient Flow {./-q, .... .;)' ~'1,4. U:\My Oocument s\Monthly Reports\2018 -2019\August 2018 -Financial Statements 10/22/2018 18 120318 HCBOC Page 297 ~~ HARNETT COUNTY 10/22/2018 Harnett FINANCIAL SUMMARY REPORT COUNTY NORTH r uni na August, 2018 MEDICAL INSURANCE FUND UNAUDITED FYE 2019 FYE 2019 Total Same Period Category FYE 2017 FYE 2018 Adjusted Budget Activity Percent Last Fiscal Year to Date Paid Claims $ 6,904,230 $ 7,433,352 $ 7,150,000 $ 820,544 11.48% $ 898,268 Fixed Co st 704,945 830,921 932,000 1,391 0 .15% 139,815 Wellness 2,919 5,096 10,000 Total Expenditures $ 7 ,612,094 $ 8,269,369 $ 8,092,000 $ 821,935 10.16% $ 1,038,083 UNAUDITED FYE 2019 FYE 2019 Total Same Period Source FYE 2017 FYE 2018 Adjusted Budget Activity Percent Last Fiscal Year to Date Medical Premium Equiv ilents $ 7,994,131 $ 9,248,058 $ 8,050,000 $ 1,463,546 18.18% $ 1,464,697 Other revenues 19,851 9,109 42,000 1,788 4.26% 1,460 Interest 14,570 Total Revenues $ 8 ,013,982 $ 9,271,737 $ 8,092,000 $ 1,465,334 18.11% $ 1,466,157 Revenues over/ (under) expenditures $ 401,888 $ 1,002,368 $ 643,399 $ 428,074 U:\My Documents\Monthty Reports\2018 · 2019\August 2018 • financial Stat ements 19 120318 HCBOC Page 298 ~~ Harnett C OUN TY NORTl1 CARO !~A Au ust 2018 $ July 2018 $ June 2018 $ 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 $ HARNETT COUNTY FINANCIAL SUMMARY REPORT August, 2018 MEDICAL INSURANCE FUND Cash and Investments PNC NCCMT 3,106,129 $ 1,128,417 $ 3,693,336 $ 1,120,132 $ 2,818,035 $ 1,120,132 $ 2,755,640 $ 1,118,243 $ 3,213,447 $ 1,116,364 $ 2,655,902 $ 1,115,056 $ 2,729,825 $ 1,113,846 $ 2,642,643 $ 543,297 $ 2,724,166 $ 543,297 $ 2,724,166 $ 543,297 $ 2,503,575 $ 543,297 $ 2,511,895 $ 543,297 $ 2,336,726 $ 543,297 $ 2,199,920 $ 543,297 $ 1,911,518 $ 543,297 $ 2,028,010 $ 543,297 $ 2,033,963 $ 543,297 $ 1,870,174 $ 543,297 $ • Based on running average (18 month, see be low) cost of claims. Cash Flow $4,400,000 $3,900,000 $3,400,000 $2,900,000 $2,400,000 f} 0'5 ~ ~" 'x:-<.,V:-¢ ~ c\ ~'?' v'?' ,Jc-~~ ~~ ~.;:, ~'¢ «_'<J ',°'?' <.,~ ,f U:\My Dowments\Monthty Reports\2018 -2019\Augu st 20 18 -Fina ncial Statements 10/22/2018 Total •Number of Months Avera e Monthl Cost on Hand 4,234,545 5.94 4,813,468 6.84 3,938,167 5.66 3,873,883 5.65 4,329,811 6.36 3,770,958 5.62 3,843,671 5.39 3,185,941 4.47 3,267,463 4 .58 3,267,463 4.58 3,046,872 4.27 3,055,192 4.28 2,880,023 4 .04 2,743,218 3.85 2,454,816 3.44 2,571,307 3 .60 2,577,260 3.61 2,413,471 3.38 ~~ f} ~'¢ 0'5 ~~ c.,<3 ~ 20 120318 HCBOC Page 299 ~~ HARNETT COUNTY 10/22/20 18 Harnett FINANCIAL SUMMARY REPORT COUNTY N,'.)RTt1 (.U011~A August, 2018 MEDICAL INSURANCE FUND Medical Paid Claims Summary Employees& Total Loss Premium Pre-65 Membership Net Paid Claims Fixed Cost Retirees Ratio Equivalent August 2018 I -867 1,346 $ 837,067.22 $ 70,570.08 ~ 124.35%! $ 729,912.99 July 2018 867 1,342 $ 577,760.03 $ 64,972.53 87.61% $ 733,632.64 June 2018 870 1,328 $ 720,716.84 $ 66,426.81 108.38% $ 726,258.49 May 2018 873 1,331 $ 532,418.76 $ 62,794.89 81.57% $ 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 1 13.19% $ 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 $ 59,0 71.95 99.37% $ 648,269 .01 April 2017 850 1,288 $ 426 ,323.4 3 $ 60,687.61 74.69% $ 652,008.78 March 2017 847 1,280 $ 700,824 .81 $ 62,056 .67 1 20 .25% $ 63 4,433 .13 Year to Date (membership = avg) 864 1,320 $11,689,296.41 $ 1,150,954.27 99.43% $12,914,029.19 Medica l Plan Loss Ratio 175% 150% 125% 100% 75% 50% ~ ~ ~'<., ----0-:S ~ ~ ~" .;s ~ ~ ~(5' ~ ~ ~ ~~ v~ ,J:-~~ ~~ -~'<:'-~..:s ~q; ~qj ~~ ~~ <~ ',~ <.,'<; oq;; ~ ~'<; ;:,_«; oc ~'<) 0-:S ~o ~<,; .;s ~ <j U:\M y Documents\Monthly Reports\2018 -2019\August 2018 -Fin ancial Statements 21 120318 HCBOC Page 300 r-;~ HARNETT COUNTY 10/22/2018 Harnett FINANCIAL SUMMARY REPORT COUNTY ~ORlh (1,.ROll~A August, 2018 DENTAL INSURANCE FUND UNAUDITED FYE 2019 FYE 2019 Total Category Percent Same Period FYE 2017 FYE 2018 Adjusted Budget Activity Last Fiscal Year to Date Paid Claim s $ 378,215 $ 378,408 $ 425,000 $ 50,865 11.97% $ 57,875 Fi xed Cost 37,022 48,419 50,000 16,462 32.92% 7,796 Total Expenditures $ 415,237 $ 426,827 $ 475,000 $ 67,327 14.17% $ 65,671 UNAUDITED FYE 2019 FYE 2019 Total Same Period Source FYE 2017 FYE 2018 Adjusted Budget Activity Percent Last Fiscal Year to Date Dental Premium Eq uiv ilents $ 490,944 $ 471,696 $ 475,000 $ 76,237 16.05% $ 81,159 Int erest 391 Total Revenues $ 490,944 $ 472,087 $ 475,000 $ 76,237 16.05% $ 81,159 Revenues over/ (under) expenditures $ 75,707 $ 45,260 $ 8 ,910 $ 15,488 U:\My Docum~nts\Monthly Reports\2018 · 2019\August 2018 • Financial St atements 22 120318 HCBOC Page 301 ~~ HARNETT COUNTY Harnett FINANCIAL SUMMARY REPORT COUNTY ~Mi:11-' (AiOll~A August, 2018 DENTAL INSURANCE FUND Cash and Investments PNC NCCMT August 2018 $ 373,611 $ 30,384 $ July 2018 $ 413,291 $ 30,162 $ June 2018 $ 371,345 $ 30,162 $ May 2018 $ 352,968 $ 30,111 $ April 2018 $ 376,226 $ 30,060 $ Ma rch 2018 $ 344,934 $ 30,025 $ Feb r uary 2018 $ 346,156 $ 29,993 $ January 2018 $ 342,004 $ $ December 2017 $ 338,261 $ $ November 2017 $ 322,359 $ $ October 2017 $ 312,464 $ $ Se ptember 2017 $ 318,326 $ $ August 2017 $ 331,188 $ $ Ju ly 2017 $ 325,009 $ $ Jun e 201 7 $ 31 5,701 $ $ M ay 201 7 $ 311,609 $ $ April 2017 $ 313,273 $ $ March 2017 $ 294,3 93 $ $ • Based on run ning average (1 8 mo nth, se e below) cos t of clai ms . Cash Fl ow $450,000 $425,000 $400,000 $375,000 $350,000 $325,000 $300,000 $275,000 $250,000 ~ ~ 0.;s ~ .;s U:\My Documents\Monthty R~ports\2018 · 2019\August 20 18 • Financia l Statements Total 403,996 443,453 401,507 383,079 406,286 374,959 376,149 342,004 338,261 322,359 315,701 3 11,609 313,273 294 ,39 3 10/22/2018 •Number of Months Avera e Month Cost on Hand 10.55 11.58 10.95 10.61 11.43 10.93 9 .82 8 .93 8 .83 8.42 8 .16 8 .31 8.65 8 .49 8.24 8 .14 8 .18 7 .69 23 120318 HCBOC Page 302 ~~ HARNETT COUNTY 10/22/2018 Harnett FINANCIAL SUMMARY REPORT COUN T Y t.0 lt-! (AROl t"'A. August, 2018 DENTAL INSURANCE FUND Dental Paid Claims Summary Total Total Net Paid Fixed Cost Loss Premium Employees Membership Claims Ratio Equivalent August 2018 I 909 1,517 $ 41,400.80 $ 3,963.59 I 118.89%l $ 38,157.24 July 2018 909 1,517 $ 41,035 .60 $ 3,994.18 118.25% $ 38,079.70 June 2018 914 1,473 $ 45,913.44 $ 4,016.03 128.66% $ 38,808.39 May 2018 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 Year to Date (membership= avg) 897 1,451 $ 618,605.11 $ 70,680.38 97.75% $ 705,144.64 Dental Plan Loss Ratio 125% 100% 75% U:\My Oocuments\Monthly Repons\2018 · 20 19\August 2018 ~ Financial St ateme nt s 24 120318 HCBOC Page 303 Agenda Item f 11 HARNETT COUNTY (j) SALES TAX ANALYSIS BY ARTICLE 1. Current year activity : City Hold SChool Hold General Fund Board of Education Hannless Hannless Flscal Year 2019 Article 39 Article 40 Artlcle42 Article 40 Article 42 Article 44 Article 44 •524 Article 46 Article 39 Article 39 Special Dlstrtcts Tolal Distribution July, 2018 $ 385,096.24 $ 461,058.35 $ 141,804.43 $ 158,973.13 $ 317,946.25 $ 0.33 $ 361,551.44 $ 97,680.77 $ (100,718.90) $ (206,454.60) $ 75,979.21 s 1,692,916.65 August, 2018 s s s . $ $ Ii . $ . $ $ . $ . $ . $ . September, 2018 s s $ . $ $ . $ $ $ $ . $ $ . Ociober, 2018 s s . s $ . $ . $ . $ . $ $ . $ . $ November. 2018 s . s . $ . $ $ . $ . $ $ $ . $ . $ December, 2018 s . $ $ . $ . $ . $ . $ $ . $ $ . $ . s . January, 2019 s s . s . $ $ . s . $ $ . $ $ . $ . $ February, 2019 $ . $ . $ . $ . $ . $ . $ $ $ $ $ $ . March, 2019 s . s . s . $ . $ s . $ . $ $ . $ $ . $ . April, 2019 $ . s . s . $ . $ . $ . $ . $ . $ . $ $ $ . May, 2019 s . $ . s $ . $ . $ $ . $ . $ . $ $ $ . June, 2019 s s . s . $ . $ . s . $ $ . $ . $ $ . $ . s ~•O:,IIAA_M !I ilUIUI I m,I04.43i I 1H,s'1!.U I 31'1,946.25 ~· D!j $ 361,551.44 $ u.uu, $ (100,718.90) I (206,454.60) $ 75,979.21 I ~ 1,n•.L, .. ,v.•o Year over Year -26.96'.4 -0.79% -18.02% •1.30% -1.30% Chan e -99.99% 5.16% -32.08% 2.78% 19.97% -24.16% -14.06% 2. Comparison to prior year: City Hold School Hold General Fund Board of Education Hannless Hannless Fiscal Year 2018 Article 39 Article 40 Article 42 Article 40 Article 42 Article 44 Article 44 •524 Article 46 Article 39 Article 39 Special Distrtcts Total Distribution July, 2017 $ 527,233.64 $ 484,751.25 $ 172,971.151 $ 161,069.44 $ 322,138.89 $ 4,014.56 $ 343,826.29 $ 143,817.13 $ (97,992.88) $ (172,089.32) $ 100,187.30 $ 1,969,927.45 Augus' 1/ $ 160,239.15 s 320,478.31 $ 343,826.29 $ 193,11034 $ (91 957 00) $ (13059388J $ 122,764.51 t 2 ,, 1 871 44 Seplemb ,r 2017 $ 161.756.20 $ 323,512.39 $ 343,826.29 $ 202.059 77 $ (92 295 63) $ (126.571 95) $ 130,994.08 ~ 2.337,437 74 October. 2017 $ 149.94988 $ 299.899.76 $ 343,826.29 $ 155.210 75 $ (8921697) $ ( 143 401 50) $ 102,398.89 $ 1,970.016 48 November 2017 $ 171,109.50 $ 342.219.01 $ 343,895.31 $ 194,372.15 $ (99 207 99) $ (147 059 80) $ 125,363.13 $ 2.301.726 58 December 201 7 $ 185,374.17 $ 370,748.35 $ 343.895.31 $ 223 750 26 $ (106 037 55) s (150 18086) $ 145362.47 $ 2573.33385 Jar1uary 2018 $ 138.360.50 $ 276.721.01 $ 343,895.31 $ 157,847.31 $ (81.018 64) $ (120 729 34) $ 105.094.51 $ 1964,834 47 Feoruary 2018 " $ 135,939.95 $ 271,879.90 $ 343,895.31 $ 177,656.96 $ (77 246 57) $ (100 760.08) $ 112.768.88 $ 2053.911 95 I.We~. 2018 $ 175,273.58 $ 350,547.15 $ 343,895.31 $ 216,791.63 $ (99 829 08) $ (137 494 05) $ 139,065.07 $ 2 473 276 08 Apr,I 2018 ' $ 161.871.27 $ 323,742.55 s 343.895 31 $ 182.755.63 $ (94 38384/ s (14202010) $ 118,877.31 $ 2197 718 58 May 2018 $ 178,507.02 $ 357,014.03 $ 344,336.35 $ 208 819.55 $ (101 713.51/ $ (149 532 80) $ 132,821.05 ' 24',3, 179.0(' June 2018 $ 188.800.12 s 377,600.23 i 361,551.44 $ 183,468.84 $ (111 544 99) $ (188430 771 $ 122,754.72 i 335.5; Q ,s 121,m.u ' ! ---6 ,069.44 -----322, _ 8.89 _! $ 343,828.29 $ 143,817.13 $ (97,992.88) $ (172,089.32) $ 100,18'.30 3, Reconclliatlon to general ledger : Activity Over/(Under) Over/(Under) Annualized Budget Annualized Balance to Tyler Activity Budget Budget (1 month) Budget 1103100 310231 $ 77,922.74 $ 5,677,012 $ (5,599,089.26) $ 473,084 s (395,161.69) NC Sales Tax· Artide 39 1103100 310233 $ 461,058.35 $ 5,811,321 $ (5,350,262.65) $ 484,277 s (23,218.40) NC Sales Tax· Artide 40 (General Fund) 1103100 310235 $ 141,804.43 $ 2,415,842 $ (2,274,037.57) $ 201,320 $ (59,515.74) NC Sales Tax -Artide 42 (General Fund) 1103100 310237 $ 0.33 $ $ 0.33 $ $ 0.33 NC Sales Tax -Artide 44 $ 680,785.85 $ 13,904,175 $ p3.223,389.15) $ 1,158,681 $ (477,895.401 2104590 • 380890 $ 75,979.21 $ 1,390,851 $ p,314,871.79) $ 115,904 $ !39,925.04! NC Sales Tax Special Districts 2703100 310237 $ 361,551.44 $ 3,200,000 $ (2,838,448.56! $ 266,667 $ 94,884.77 NC Sales Tax -Article 44 '524 3003100 310233 $ 158,973.13 $ 1,971,604 $ (1,812,630.87) $ 164,300 $ (5,327.21) NC Sales Tax -Artide 40 (Education) 3003100 310235 $ 317,946.25 $ 3,943,207 $ (3,625,260.75) $ 328,601 s (10,654.33) NC Sales Tax. Artide 42 (Education) 3003100 310239 $ 97,680.77 $ $ 97,680.77 $ $ 97,680.77 NC Sales Tax. Artide 46 $ 574,600.15 _S_5,914._8_1rnO $ (5,340,210.85) $ 492,900.92 $ 81,699.23 U:\My Documents\Monthly Reports\2018 • 2019\5ales Tax\Sales Tax 2019 120318 HCBOC Page 304 11 Agenda Item El) Harnett County Veterans Services Activities Reporting Form MonthfYear October 2018 Request For Service Tracking Com!spondence Claimant Written Action Taken (Telephone and In-Person) Out Status Q. 0 a, =i' 'ii C e C 0 t G> ·.; 0 .!:! Q. C LL ii 0 c CII 0 ,:, Ill II) LL 0 Q. C Ill C ::I 0 ;:, ;; I 0 Ill Q. e 2 G> C: nl z C :C G> C J:: E II) rA :8 e nl J!! C 0 u C Q. C ,:, ..!! J:: Ill C ~ CII i ii nl ..!! 01; Q. e 'ii G> .. I! .. 0 Q. G> ~ ! ai = G> Cl> Cl> l E u 0 u Cl> :I -::E i 5 -i J:: 0 Q. ::I J:: II) DATE NAME ~ G> c5 I ~ 0 8 c : ~~ 0 Cl> i z w z al 1 504 30 13 18 125 91 219 13 7 32 46 5 3 2 23 35 2 3 GW-52 4 VN-58 5 OIF-73 6 K-22 7 PT-8 8 WWll-6 -9 r:.,, ; -/. ~ /c. -10 (..----,., ' ~· -11 Eric Truesdale -12 Harnett County Veterans Officer -13 -14 Walk In: 239 -15 Phone Calls: 504 -16 Outreach : 13 -17 -18 -19 -20 Total 494 30 13 18 125 91 219 13 7 32 46 s 3 2 23 35 120318 HCBOC Page 305 Harnett County Department of Public Health Activities Summary July 1, 2018 -June 30, 2019 Jul Aug Sep Oct Nov Dec Jan Feb Front Desk -Check-in Aooointments 964 1197 886 1255 Health Clinics Adult Women Wellness Clinic 4 3 2 2 Care Coordination for Children (CC4C) 241 258 241 150 Child Health -Sick Clinic 75 85 87 127 Child Health -Well Clinic 77 165 115 104 County Employee Health Clinic 138 145 94 145 Family Plannina 157 168 113 177 Immunizations 171 265 555 1628 Maternity (Prenatal Clinic) 227 184 144 166 OB Care Manaaement (OBCM) 116 122 113 97 Postoartum Home Visits 20 11 11 23 Refer/Repeat Pap 0 0 0 0 STD Services 112 107 77 99 TB Services 178 220 124 153 Welcome Baby Home Visits 22 11 12 23 Total Services 1538 1744 1688 2894 0 0 0 0 Reoortable Disease Cases Tuberculosis 1 0 1 0 HIV -(Quarterlv report) 0 0 0 0 AIDS -<Quarterly reoort) 0 0 0 0 SYPHILIS -(Quarterly reoort) 2 0 0 0 OTHER STD's 52 50 32 40 Other (salmonella, camoylobacter , etc) 13 1 2 1 Total Services 68 51 35 41 Health Education Outreach 308 479 256 694 Laboratory Clients 841 786 505 763 Laboratorv Tests 1346 1347 941 1340 HIV Tests 161 157 90 172 WIC Active Particioation 2934 3150 3174 Vital Statistics _ _e - Births In County , -i.:: 49 44 36 55 ,, Births Out of Countv " ·---111 133 135 144 -Deaths -, .. 57 72 49 68 Environmental Health # of Improvement Anos Confirmed 17 24 28 23 Number of Permits Issued 36 41 24 45 Number of Completions 41 50 19 54 Number of Existino Permits 52 31 15 35 Reoair Permits Issued 3 3 3 11 Permits Denied 0 0 0 1 Food and Lodaina Establishments lnspect'd/Reinspected 55 86 66 84 Visits/ Critical Voliations Verfication 59 51 31 45 Private Water Suoolies Applications Received 21 17 7 11 updated 11/05/2018 Agenda Item 11 ---------~® Mar Apr May Jun troTAL AVG. 4302 1075.5 11 2.75 890 222.5 374 93.5 461 115.25 522 130.5 615 153.75 2619 654.75 721 180.25 448 112 65 16.25 0 0 395 98.75 675 168.75 68 17 0 0 0 0 7864 1966 2 0.5 0 0 0 0 2 0.5 174 43.5 17 4.25 195 48.75 1737 434.25 2895 723.75 4974 1243.5 580 145 9258 3086 184 46 I 523 130.75 -246 61.5 92 23 146 36.5 164 41 133 33.25 20 5 1 0.25 291 72.75 186 46.5 56 14 120318 HCBOC Page 306 July August Children's Services CPS Reports Received 131 118 Repons Accepted 84 72 Total children in Pie/Custody 141 148 FC Money expended S 100,008.82 s 111,859 00 Adult Services APS Reports Received 16 21 # of trips scheduled 1310 1455 Total Cases 296 298 Work First Energy Expenditures $34,893.26 $107,868.19 Total cases 336 357 food & Nutrition Services Apps Approved 431 465 Total Cases (households) 8,073 8102 Benefits Issued $2,039,683.00 $2,054,689.00 Adult Medicaid Apps Approved 96 119 Total Cases 9,141 8,715 Family & Children's Medicaid Apps Approved 192 233 Total Cases 11,557 12,164 Fraud Total Collections $9,948.60 $11,465 76 ChildCare Children Served 750 787 TotaJ Expenditures $329,708.00 $325,430.00 Child Support Total Collections $788,908 $781,629 September 107 69 148 $ 113.052.20 s 14 1237 300 $94,974.77 367 359 9754 $4,139,910.00 72 8,519 184 12,265 $7,659.39 759 $302,888 00 $707,402 Harnett County DSS Monthly Report Totals 2018-19 October November December Jau•r-y 2019 February 144 89 148 114,400.65 13 1521 302 $129,504.87 364 335 14,118 $2,180,584.00 171 8.532 237 15,890 $9,289 98 892 $409,679.00 $799,472 Murch April Agenda Item I 11 @ May June Totals 314 $ 439,320.67 64 5523 $0.00 $367,241.09 1590 $10,414,866.00 458 846 $38,363.73 $1,367,705.00 $3,077,411.00 120318 HCBOC Page 307 Harnett County DSS Yearly Averages 2015-2016 2016-2017 2017-2018 Children's Services CPS Reports Received 144 132 127 Reports Accepted 86 86 80 Total children in Pie/Custody 135 113 106 FC Money expended $100,544 104,796.95 $79,743.38 Adult Services APS Reports Received 14 16 17 # of trips scheduled 1421 1346 1310 Total Cases 209 222 237 Work First Energy Expenditures $67,181.00 $67,172.90 91,843.86 Total cases 364 408 406 Food & Nutrition Services Apps Approved 496 517 449 Total Cases (households) 9662 10,414 8444 Benefits Issued $2,467,864.17 2,318,809.13 2,134,133.99 Adult Medicaid Apps Approved 135 106 74 Total Cases 8503 8589 8956 Family & Children's Medicaid Apps Approved 217 197 204 Total Cases 14,390 10,782 11,370 ChildCare Children Served 993 950 915 Monthly Avg. Expen ditures $412,154.78 416,292.20 412,433.20 Total Annual Expenditures $4,945,857.36 4,995,506.35 2,062,166.00 Child Support M on thly Avg Collections $742,025.50 $760,993.84 738,752.29 Total Annual Collection s $8,904,306.00 $9,131,926.00 $4,417,414.00 120318 HCBOC Page 308 North Carolina Tota l Retirement Plans z:. Agenda Item 11 ------- RETIREMENT SYSTEMS DIVISION 10/19/2018 94301-HARNETT COUNTY ATTN: CHIEF FINANCIAL OFFICER OR BUDGET ADMINISTRATOR PO BOX 778 LILLINGTON, NC 27546 Dear 94301-HARNETT COUNTY: ITATf T IUASUlUR O F N O il:TH CAADLINA DALE R . FO LWELL CPA %7-~6°/l STEVEN C. TOOLE EXICUTIVI DI I\.ECTO R During the 2014 General Assembly session, contribution-based benefit cap legislation was enacted effective January 1, 2015. This legislation was created to control the practice of "pension spiking," in which a member's compensation substantially increases, resulting in a monthly retirement benefit that is significantly greater than the member and employer contributions would fund. The contribution-based benefit cap (CBBC) approach was created to protect each system for current and future retirees and to prevent all employers in the Retirement Systems from absorbing the additional liabilities caused by compensation decisions made by other employers. This legislation applies to members who retire on and after January 1, 2015 , with an average final compensation of $100,000 or high er (adjuste d annually for inflation), and will only directly impact a small number of those individuals. It requires the member's last e mployer to pay the additional contribution required to fund the m e mber 's benefit in excess of the cap. [G.S. 1 35 -5(a3); 135 -4(jj); 128-27(a 3); a nd 128-26(y)] In order to assist e mploying agencies with planning and budgeting to comply with the CBBC provisions, we are required to report monthly to each employer a list of those membe rs for whom the employer made a contribution to t he Retirement System in the preceding month that are most likely to require an additional employer contribution s hould 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(£)(2)(£) and G.S.128-30(g)(2)(b)] The chief financial officer of yo ur agency i s required to provide a copy of the attached report to the chief executive of yo ur agency, as well as to the gove rning body, including any board which exerci ses financial oversight. Additionally, the chief financial officer of a public school system is required to provide a copy of the report to the lo cal board of edu cation and n otify the board of county commissioners of the county in which the local a dministrative unit is located that the r e port was r eceive d and how many employees were listed in the report. [G.S. 115C-436(c); 1 35 - 8(j); and 128-30(j)] For the purpose of d etermining the employees of yo ur agency that are likely to require an additional employer contribution should they elect to retire in the following 12 months, the Retirement Sy stem modified the criteria used in the CBBC calculation. This allows for a broad list of potential e mployees, including those whose compensation average may approach the t hreshold and attempts to provide yo ur agency with prior notification of a potential cost. The attached report lists empl oyees of your agency who may be eligible to retire in the next 13 months (at eith er a 3200 AT LANTIC AVENUE. RALE IGH, NORTH CAROLINA 27604 Tel ephon e (877) 627 -3287 toll-free Fax (9 19) 855 -5800 www.myn cretirement.com 120318 HCBOC Page 309 North Carolina Total Retirement Plans Agency 94301-HARNETT COUNTY North Carolina Department of State Treasurer Retirement Systems Division 3200 Atlantic Ave, Raleigh, NC 27604 1-877-NCSECURE {1-877-627-3287) toll-free• Fax {919) 855-5800 www.myncretirement.com CONTRIBUTION-BASED BENEFIT CAP REPORT Member ID 1151077 STEWART, PAULA K 1162854 WARD, STEVEN C 563959 RIDDLE, JIMMY M 551439 POLINSKI, PAUL D 1207504 HONEYCUTT, KIMBERLY A 1290386 COATS, WAYNE A "PLEASE FORWARD TO YOUR CHIEF FINANCIAL OFFICER OR BUDGET ADMINISTRATOR ORBIT -PensionSpikingReportbyAgency Version # 1 ~~(!;9f STAT! numiu .. 01 NOIO"H C/JIOltNA DALE R. FOLWUL, CPA e Name Page 1 of 1 120318 HCBOC Page 310 Add-on: _.________ Agenda Item_4~-...;:i0"--~~- November 6, 2018 Angela Mclamb County of Harnett P.O. Box 778 Lillington, NC 27546 3000 Bethesda Place , Suite 404 Winston-Salem, NC 27103 RE: Sheriff's Bond for Wayne Coats eff. 12/02/2018 -12/02/2019 Dear Angela : 11 9 West Atkins Street PO Box 128 Dobson, NC 27017 Phone (336) 386-8228 Fax (336) 386-4661 Enclosed is the new Sheriff's Bond for Wayne Coats written through Travelers Insurance Company . The bond is effective 12/02/2018 -12/02/2019. This is a new bond as the previous bond was cancelled/rewritten to change the Obligee from the County to the State of North Carolina. Please have Sheriff Coats sign the new bond and then file in a safe place. You don't have to send us a copy of the executed bond. Please don't hesitate to contact our office if you have any questions. Thank you again for allowing us to serve you . Sincerely, }·~~ Megan Unsworth, CIC, CSRM Account Manager enclosure 120318 HCBOC Page 311 PUBLIC OFFICIAL BOND (Definite Term) Bond No. 107001127 Travelers Casualty and Surety Company of America KNOW ALL MEN BY THESE PRESENTS, That we _W~ay~o_e_A_l_fr_e_d_C_o_a_ts _________________ _ of109 Wade Ave DUNN, NC 28334 as Principal, and Travelers Casualty and Surety Company of America, a corporation duly incorporated under the laws of the State of Connecticut, as Surety, are held and finnly bound untoS _t_a_t_e _o_f _N_o_rt_h_C_a_ro_l_in_a __________________ _ as Obligee, in the penal sum of T::...e.::..:o::.....;:cT.c::h..;:.o..:cu.::..:sa=-=n::..:d=-------------------------------- ( $10 ,000.00 ) Dollars, lawful money of the United States of America, for the payment of which well and truly to be made, said Principal binds himself/herself, his/her heirs, executors, administrators and assign s, and said Surety binds itself, its successors and assigns, jointly and severally , finnly by these presents. WHEREAS, the said Principal has been Elected to the office of _S_h_er_i_ff __________ _ for a definite tenn beginning December 2, 2018 , and ending December 1, 2019 , and is required to furnish a bond for the faithful performance of the duties of the said office or position . NOW, THEREFORE THE CONDITION OF THIS OBLIGATION is such that if the above bounden Principal shall (except as hereinafter provided) faithfully perform the duties of his/her said office or position during the said tenn, and shall pay over to the persons authorized by law to receive the same all moneys that may come into his/her hands during the said term without fraud or delay, and at the expiration of said tenn, or in case of his/her resignation or removal from office, shall tum over to his/her successor all records and property which have come into his/her hands, then this obligation to be null and void ; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that the above named Surety shall not be liable hereunder for any loss of any public fund resulting from the insolvency of any bank or banks in which said funds are deposited; and, if this provision shall be held void, this entire bond shall be void. AND PROVIDED FURTHER, that the Surety may cancel bond at any tim e during the said tenn by giving to the obligee a written notice of its desire so to cancel and at the expiration of thirty (30) days from the receipt of such notice by the obligee the surety shall be completely released as to all liability thereafter accruing. If this provision shall be held void, thi s entire bond shall be void. Witness By: By: TmelmC""'&~~ Brian Woodbury Attorney i act S-2232 (06-08) 120318 HCBOC Page 312 120318 HCBOC Page 313