HomeMy WebLinkAbout102720wsa9 :00 am
9:15 am
9:30 am
9:45 am
10:00 am
10:15 am
10:30 am
10:45 am
11:00 am
11 :30 am
Harnett County Board of Commissioners
Work Session
Tuesday, October 27, 2020
9:00 am
This meeting will not be open to members of the public
to attend in person however, listening options are provided below.
Call to order, Pledge of Allegiance and Invocation
HR W Water and Sewer Ordinance Amendment, Steve Ward
Proposed Personnel Ordinance amendments, Chris Appel and Heather Pollard
Discussion regarding the County's approval of a Guaranteed Energy Savings
Contract, Kimberly Honeycutt
Discussion regarding the purpose and bylaws for the Commission for Women and
Youth, Paula Stewart and Thomas Royer
Veteran 's Office space discussion, Brian Haney
Possible ra cial injustice resolution, Paula Stewart
County Manager's Report:
November 2 , 2020 Regular Meeting Agenda Review
Review applications to serve on Boards and Committees
Upcoming meetings and invitations
Closed session
Adjourn
102720a HCBOC Page 1
CONDUCT OF THE October 271h MEETING
OF THE HARNETT COUNTY BOARD OF COMMISSIONERS
The Hamett County Board of Commissioners will convene their October 27 , 2020 work session
under certain conditions :
1. The Hamett County Board of Commissioners and County government staff necessary to
conduct the meeting or to speak on scheduled agenda items will be stationed in the
meeting chambers to maintain the recommended social distancing of 6 feet.
2. The October 27111 work session will not be open to members of the public to attend in
person as we are observing the current provisions of any Executive Orders related to
mass gatherings and public health guidance regarding social distancing. The public will
have the opportunity to listen to the meeting live online or by calling into the meeting.
3. The meeting will be streamed live on Harnett County Government's YouTube Channel
at: https://www.youtube.com/channel/UCU7mTF6HTD65x 98EhAMeMg/featured
4. If you wish to call in and listen to the meeting you may dial (910)814-6959 . Please
remember to mute your phone while listening so as not to disrupt others listening.
5. You may al so follow along on Twitter @ HamettCounty to get live update s during the
meeting .
The Board appreciates the public's patience and understanding as they seek to ensure the
continuity of county operations while demonstrating compliance with State law and prudent
public health practices in these difficult times.
102720a HCBOC Page 2
Board Meeting
Agenda Item
MEETING DA TE: November 16, 2020
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: HRW Water & Sewer Ordinance Amendment
REQUESTED BY: Steve Ward, Director
REQUEST:
This is a formal request for the Board to amend the existing Hamett Regional Water (HR W)
Water and Sewer Ordinance. This amendment is necessitated by the passage of HR 873 by
the General As sembly in June of2020 which amended NCGS 162A-213. The statute change
altered when water and sewer system development fees can be collected by local government
owned water and sewer utilities . HRW ha s to amend it's existing ordinance to incorporate
these changes by January 1, 2021. HRW is also asking that the Board also allow us to amend
the way the utility allocates capacity to new land subdi vision developments due to the law's
mandated extension of the duration in which the se fe es can now be collected. Enclosed are
the highlighted proposed wording changes to the ordinance and HR 873 for your revi ew .
This amendment requires a public hearing. Please place this item on the agenda at the next
available meetin g.
FINANCE OFFICER'S RECOMMENDATION :
COUNTY MANAGER'S RECOMMENDATION:
C:\Users\gwheeler\AppData\Local\Microsoft\Win dows\lNetCach e\Content.Out look\W5ENE9SY\H RW Ordina nce
Amen dmen t Agenda Req uest 11-16-20.docx Page I of l 102720a HCBOC Page 3
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2019
SESSION LAW 2020-61
HOUSE BILL 873
AN ACT TO CLARIFY THE TJMfNG OF COLLECTION OF SYSTEM DEVELOPMENT
FEES AND TO REQUIRE THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO
AMEND A RULE THAT CURRENTLY ALLOWS A SEWER THAT SERVES A SINGLE
BUILDfNG TO BE DEEMED PERMITTED, TO ALLOW A SEWER SHARED WITH AN
ACCESSORY BUILDING ON THE SAME PROPERTY TO BE DEEMED PERMITTED
AS WELL.
The General Assembly of North Carolina enacts:
rewritten:
SECTION l.(a) G.S. 162A-213(a)a. is recodified as G.S. 162A-213(a)(I).
SECTION l.(b) G.S. 162A-2 I 3(a)b. is recodified as G.S. 162A-213(a)(2).
SECTION l.(c) G.S . 162A-213(b)a. is recodified as G.S. I 62A-2 l 3(b)( 1).
SECTION l.(d) G.S. 162A-213(b)b. is recodified as G.S. 162A-213(b)(2).
SECTION 2.(a) G.S. 162A-213 , as amended by Section 1 of this act, reads as
"§ 162A-213. Time for collection of system development fees.
(a) Land Subdivision. -For new development involving the subdivision of land , the
system development fee sha ll be collected by a local governmental unit at the later of either of
the following:
(1) The time of plat recordation.application for a building permit.
(2) When water or sewer service is committed by the local governmental unit.
(b) Other New Development. -For all other new development, the local governmental
unit shall collect the system development fee at the earlier of e ither of the following:
(1) The time of application for connection of the individual unit of development
to the service or facilities.
(2) When water or sewer service is committed by the local governmental unit.
ill lfthe system development fee is collected under subdivision (a)(l) of this section and
the local governmental unit that charges or assesses the system development fee is different from
the local governmental unit that issues the building permit, the local governmental unit issuing
the building permit shall require proof of collection of the system development fee prior to
issuance of the building permit.
@ No system development fee shall be charged or assessed with respect to any new
development for which a system development fee under this Article has been collected at the
time of plat recordation involving the subd ivision of land and the amount of capacity associated
with that payment of the system development fee has not increased at the time of application for
the building permit. If the amount of capacity is increased at the time of application for a building
permit, then a system development fee may be charged for the difference in the amount of the
increased capacity minus the system development fee previously paid under this Article."
SECTION 2.(b) This section becomes effective January 1, 2021, and applies to
system development fees collected on or after that date.
SECTION 3.(a) G.S. 162A-21 l is amended by adding a new subsection to read:
111111 M 1111111111 * H 8 7 3 -V -7 * 102720a HCBOC Page 4
"(ru} Revenue from system development fees calculated using the combined cost method
may be expended for previously completed capital improvements for which capacity exists and
for capital rehabilitation projects."
SECTION 3.(b) This section becomes effective July 1, 2020, and applies to system
development fees expended or encumbered on or after that date.
SECTION 4.(a) Definitions. -For purposes of this section and its implementation,
the following definitions apply:
( 1) "Permitting by Regulation for Building Sewer Systems Rule " means 15A
NCAC 02T .0303 (Permitting by Regulation).
(2) "Accessory building" means in one-and two-family dwellings not more than
three stories above grade plane in height with a separate means of egress, a
building, the use of which is incidental to that of the main building and which
is detached and located on the same lot. An accessory building is a building
that is roofed over and more than fifty percent (50%) of its exterior walls are
enclosed. Examples of accessory buildings are garages, storage buildings,
workshops, boat houses, treehouses, and dwelling units, etc. For purposes of
this section, "main building" shall only include one-and two-family
dwellings.
(3) "Building sewer" means that part of the drainage system that extends from the
end of the building drain and conveys the discharge by gravity or under
pressure to a public sewer, private sewer, individual sewage disposal system,
or other point of disposal.
( 4) "Lot" means a portion or parcel of land considered as a unit.
SECTION 4.(b) Permitting by Regulation for Building Sewer Systems Rule. -Until
the effective date of the revised permanent rule that the Environmental Management Commission
is required to adopt pursuant to subsection (d) of this section, the Commission shall implement
the Permitting by Regulation for Building Sewer Systems Rule as provided in subsection (c) of
this section.
SECTION 4 .(c) Implementation . -Notwithstanding the requirements of General
Permit No. WQG100000 and the limitation on applicability of 15A NCAC 02T .0303(a)(l),
(a)(2), and (a)(3) to a building sewer that serves a single building, if a building sewer that serves
a main building is deemed permitted pursuant to 15A NCAC 02T .0113 , then a building sewer
that serves an accessory building on the same lot that is connected to the building sewer for the
main building, and a sewer shared between a main building and an accessory building, shall also
be deemed permitted if the building sewer that serves the accessory building, and the sewer
shared between the main building and the accessory building, meet the criteria in 15A NCAC
02T .0113 and all criteria required for that system in 15A NCAC 02T .0303, and no additional
permit shall be required. This section shall only apply to sewers that serve one main building and
one accessory building on the same lot.
SECTION 4.(d) Additional Rule-Making Authority. -The Commission shall adopt
a rule to amend the Permitting by Regulation for Building Sewer Systems Rule consistent with
subsection (c) of this section. Notwithstanding G.S. 150B-19(4), the rule adopted by the
Commission pursuant to this section shall be substantively identical to the provisions of
subsection (c) of this section. Rules adopted pursuant to this section are not subject to Part 3 of
Article 2A of Chapter 1508 of the General Statutes . Rules adopted pursuant to this section shall
become effective as provided in G.S. l 50B-2 I .3(b 1 ), as though 10 or more written objections
had been received as provided in G.S. I 50B-2 l.3(b2).
SECTION 4.(e) Applicability and Sunset. -This section and rules adopted pursuant
to this section shall apply to common sewer lines in existence on, or constructed on or after, the
effective date of this act, which are shared by accessory dwelling units or accessory residential
Page2 Session Law 2020-61 House Bill 873
102720a HCBOC Page 5
buildings and a primary residence. This section expires when permanent rules adopted as required
by subsection (d) of this section become effective.
SECTION 5. Except as otherwise provided, this act is effective when it becomes
law.
In the General Assembly read three times and ratified this the 24th day of June, 2020.
s/ Philip E. Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 12:23 p .m. this 30th day of June, 2020
House Bill 873 Se ssion Law 2020 -61 Page 3
102720a HCBOC Page 6
from the HRW Wastewater Division. Waste from septic tanks and portable toilets shall be accepted if it fully conforms with the Harnett County Sewer Use Ordinance. (f) Rates for persons living outside the District. Rates for persons living outside of Harnett County and served by HRW water lines owned or operated by HR W or a District shall be equal to rates for persons living inside Harnett County so long 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. System development fees are a charge or assessment for service imposed with respect to new development to fund costs of capital improvements necessitated by and attributable to such new development, to recoup costs of existing facilities which serve such new development, or a combination of those costs. The term includes amortized charges, lump-sum charges, and any other fee that functions as described by this definition regardless of terminology. 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 $2,000.00 and a Sewer System Development Fee of $2,500.00 per connection, lot and/or unit will be charged for all new water and/or sewer services connecting to any water supply or distribution system and/or sewer collection system owned and/or operated by HRW. Determination of water and sewer system fees were accomplished per a system development fee analysis that met the requirements ofN.C.G.S 162A-205 and is posted on HRW's website for review. New commercial/industrial system development fees will be accomplished through the method of equivalent residential unit using the estimated water and sewer usage needed for the devel<2JJment. These system development fees shall be paid to HRW per N.C.G.S 162A-213 in the manner set forth below: The system development fee for new land subdivision development shall be payable at the time of application for a building permit. In instances of any other new development to include commercial/industrial developments, the full balance of these fees shall be due at the time of application for connection of the individual unit of development or when HRW commits to provide water and/or sewer service to the development, whichever occurs sooner. 28 102720a HCBOC Page 7
Title 15A Subchapter l 8C-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) Capacity Allocation Detennination HR W reserves the right to impose minimum and/or maximum lot counts for each proposed phase within a new land subdivision development to help adequately determine future water and/or sewer capacity allocations and to prohibit excessive review and administrative overhead. Minimum lot counts will be determined on a case by case basis depending upon the development. Land subdivision development phases are limited to a maximum of one hundred {100) lots or residential equivalent units. All water and/or sewer improvements within approved phases must be constructed and lots within approved phases must be recorded within two (2) years ofreceipt of the Authorization to Construct Permit from HRW/NCDEQ. If the above conditions are not met within the two (2) year construction period HRW reserves the right to rescind the unused amount of capacity for future use and begin the review process again in earnest to include updated plans and construction drawings from the Engineer of Record for the development. Supplementary phase construction requests of the same land subdivision development will be reviewed but not permitted for construction until the previous phase has a minimum of fifty percent (50%) of its planned building permits issued. Water and/or sewer capacity allocations are granted by HRW at the time of water and/or sewer permit application to NCDEQ. (c) Shop Drawing Review. The developer's Engineer of Record will review all shop drawings for conformance with HRW specifications prior to submittal to HRW. The shop drawing submittal to HRW shall include a cover Jetter by the developer's Engineer of Record certifying conformance with HRW specifications and summarizing any exceptions or concerns relative to approved drawings and/or HRW standards. ( d) Conformance and Inspection/Oversight. Improvements shall be installed in accordance with the established specifications, and other applicable policies of HRW. Contractor shall conform to all applicable local, state and federal regulations. No field changes to the plans are allowed without prior written approval from HR W. 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 HRW as each such inspection is made. Water and sewer infrastructure must pass all tests as required by HRW specifications and those of all applicable regulatory agencies. These tests include, 30 102720a HCBOC Page 8
WATER AND SEWER ORDINANCE January 1, 2021 102720a HCBOC Page 9
HARNETT REGIONAL WATER WATER AND SEWER ORDINANCE BOARD OF COUNTY COMMISSIONERS Mark B. Johnson-Chairman Joe Miller -Vice-Chairman Gordon Springle Barbara McKoy Brooks Matthews COUNTY OFFICIALS Paula Stewart, County Manager Steve Ward, Director 2 102720a HCBOC Page 10
TABLE OF CONTENTS Section 1. Authority 4 Section 2. Definitions 4 Section 3. Water Laterals and Tap-On 8 Section 4. Connection To Be Made By HRW Only Upon Application 8 Section 5. Application for Connection 8 Section 6. Disapproval of Application 9 Section 7. Separate Water and Sewer connections and Meters Required 9 Section 8. Connections and Meters to Remain Property of HR W 10 Section 9. Maintenance of Meters and Connections 10 Section 10. Connection To Other Supply and Cross-Connection Control 10 Section 11. When Water Meters Read 13 Section 12. Adjustment of Overcharges 13 Section 13. Meter Tests 14 Section 14. Bulk Water Usage 14 Section 15. Tampering with Meters and Stopcocks 14 Section 16. No Guarantee of Quality, Quantity of Pressure of Water Supply 15 Section 17. Protection of Water Supply 15 Section 18. Repealing Clause 15 Section 19. Procedures 15 Section 20. Initial of Minimum Charge 16 Section 21. HRW's Responsibility and Liability 17 Section 22. Consumer's Responsibility 17 Section 23. Access To Premises 18 Section 24. Change of Occupancy 19 Section 25. Suspension of Service 19 Section 26. Complaints -Adjustments 20 Section 27. Classifications, Rates, Fees, and Charges 21 Section 28. Connection to Existing Systems 24 Section 29.1 Water and Sewer Extension in New Developments 24 3 102720a HCBOC Page 11
Section 29.2 Section 29.3 Section 29 .4 Section 29 .5 Section 29.6 Section 29.7 Section 30 Section 31. Section 32. Acquisition of Easements for Developers in County Participation Projects Extension of Water and Sewer Lines Within County Extensions Outside of County Extension Made by Other than HRW Personnel Observation by HR W of Work Done by Others Dedication of Water and Sewer Line Extensions Delinquent Service Fees Sprinkler Connections Provision for Cut-Off Valve 4 28 30 31 32 32 33 33 33 34 102720a HCBOC Page 12
AN ORDINANCE REGULATING THE USE OF WATER AND SEWER FACILITIES OPERATED BY HARNETT REGIONAL WATER FIXING RENTS, RATES, FEES AND OTHER CHARGES AND PROVIDING FOR COLLECTION OF SAME. BE IT ORDAINED BY THE COUNTY BOARD OF COMMISSIONERS OF HARNETT COUNTY. Section 1. Authority. This ordinance is adopted pursuant to North Carolina General Statutes 153A-275, 162A-85.5 and 162A Article 6 for the purpose of providing adequate and reasonable rules and regulations to protect and regulate water supply and distribution systems and sewer collection systems owned or operated by HRW. The ordinance is also adopted pursuant to North Carolina General Statutes 153A-277, l 62A-85. l 3, 162A-88, 162A-92 and 162A Article 8 for the purpose of establishing a schedule of rents, rates, fees, charges and penalties for the use of and services furnished by water supply and distribution systems and sewer collection systems owned or operated by HRW. Section 2. Definitions. Air-Gap Separation is an unobstructed vertical distance through the atmosphere between the lowest opening from any pipe or faucet supplying water to a tank, plumbing fixture, or other device and the flood level rim of the receptacle. Allocation is the assignment or apportionment of water and/or sewer to serve a certain defined area. Auxiliary Intake is any piping connection or other device whereby water may be secured from a source other than the public water supply. Backflow is any flow of water into the public water supply form any other source due to a cross-connection, auxiliary intake, interconnection, backpressure, backsiphonage, any combination thereof, or other cause. Backpressure is any pressure on any source of water other than the public water supply which may be greater than the pressure on the public water supply and may result in a backflow. Backflow Prevention Device is an approved effective 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. 5 102720a HCBOC Page 13
Backsiphonage is any circumstance in which the pressure on the public water supply may be reduced to the point that the elevation and atmospheric pressure on a source of water other than the public water supply may result in a pressure to be greater than the pressure on the public water supply and may result in a back flow. Building is a structure as defined in Volume VII, One and Two Families, and Volume I, General Construction, of the NC State Building Code. Capacity represents the ability to treat or move water and/or sewer. Typically, capacity is expressed in gallons per day (GPD) or million gallons per day (MOD). Confinement Device is a backtlow prevention device that is installed within a private plumbing or distribution system to isolate a localized hazard from the remainder of said system. Connection is that part of the water service line which runs from the main to the property line, including all appurtenances to make the service complete and ready for use. Contractor A person or entity, licensed by the State of North Carolina Licensing Board, under contract to the Developer to perform the construction of water and sewer infrastructure of the Development. Consumer is the person legally or equitably responsible for the payment of charges for water or sewer on any premises. Containment Device is a backtlow prevention device installed at the point of separation between the public water supply and a private service or private distribution system at the point of metering. Controlled By is owned, operated or leased by. Cross-Connection is any physical connection whereby the public water supply is connected with any other water supply system, whether public or private, either inside or outside of any building or buildings, in such a manner that a flow of water into the public water supply is possible either through the manipulation of valves or because of ineffective check or back-pressure of any other arrangement. Cut-Off Valve is a valve used to regulate the water supply to the consumer's premises. 6 102720a HCBOC Page 14
Department shall mean Harnett Regional Water. Developer Any person, finn, corporation, or other legal entity improving property for commercial, industrial or residential purposes. Development Property improved for commercial, industrial or residential purposes. District shall mean any HRW water and sewer district established pursuant to Article 6, Chapter 162A of the North Carolina General Statutes. Double Check Valve is an assembly composed of two single, spring-loaded independently operating check valves, including tightly closing shut-off valves located at each end of the assembly, and having suitable connections for testing the water tightness of each check valve. Dual Check Valve is a device containing two independently acting check valves in series. Easement shall mean an acquired legal right for the specific use of land owned by others. Engineer of Record A person licensed as a Professional Engineer in good standing with the North Carolina State Board of Registration for Professional Engineers and Land Surveyors acting as an agent for the Developer with regard to water and sewer line extensions. Fire Line is a system of pipes and equipment used to supply water in an emergency for extinguishing fire. Flow is the actual amount of water and/or sewer being treated or moved. Flow is frequently expressed in gallons per day (GPD) or million gallons per day (MGD). Full Service Sprinkler Connection is a separate metered connection originating at a main and running to the property line, and includes all appurtenances to make the connection complete and ready for use. This connection is independent of any other water connection on the premises and shall not be connected to any plumbing or other pipeline where residual water therefrom is required to be discharged into the sewer system. HR W shall mean Harnett Regional Water. 7 102720a HCBOC Page 15
Improved Street is any street having a wearing surface of concrete, brick, stone block, asphalt, or any bituminous compound. Interconnection is any system of piping or other arrangement whereby the public water supply is connected directly with a sewer, drain, conduit, pool, heat exchanger, storage reservoir, or other device which does or may contain sewage or other waste or substance which would be capable of imparting contamination to the public water supply. Lateral is that portion of the water connection which does not include meter, box or meter setter or connection. Main is the pipe usually laid in a street running parallel to the property line which distributes water or collects sewer. May is permissive (see "shall). NCDEQ North Carolina Department of Environmental Quality NCDWQ North Carolina Division of Water Quality Occupant is the consumer who is actually in possession or control of any premises. Owner is the person having legal or equitable title to any premises. Payment Plan is an agreed upon schedule for satisfying a consumer's delinquent account status. Person is an individual, firm, association, partnership or corporation. Premises are land, building, or other structure and appurtenances thereto. Pressure Vacuum Breaker is an assembly containing an independently operating spring loaded check valve and an independently operating loaded air inlet valve located on the discharge side of the check valve. The assembly must be equipped with suitable connections for testing the proper operation of the device and tightly closing shut-off valves located at each end of the assembly. 8 102720a HCBOC Page 16
Public Water Supply is the water and waterworks system of HRW, 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 HRW Sanitary Sewer and Water Specification Reduced Pressure Zone Principle Backflow Prevention Device (RPZ) is a device containing within its structure, two spring loaded independently operating check valves, together with an automatically operating check valves, together with an automatically operating pressure differential relief valve located between the two check valves. The first check valve reduces the supply pressure a predetermined amount so that during normal flow and at cessation of formal flow the pressure between the checks shall be less that the supply pressure. In case of leakage of either check valve, the differential relief valve, by discharging into the atmosphere, shall operate to maintain the pressure between the check valves Jess than the supply pressure. The device shall have suitable connections for testing, including tightly closing shut-off valves located at each end. Retrofitted Sprinkler Connection is a second metered connection originating at a point along that segment of the existing service line between the main and the first or existing meter and running to the property line, and includes all appurtenances to make the connections complete and ready for use. The Retrofitted Sprinkler Connection shall not be connected to any plumbing or other pipeline where residual water therefrom is required to be discharged into the sewer system. Service Line is a water line which may service a house, business, apartments, etc. which runs from the street to the establishment being served. Shall is mandatory (see "may"). Standard Size Main refers to a six-inch diameter water main and an eight-inch diameter 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 ofland not ordinarily considered a subdivision, but requiring utility installations. Examples of these uses are mobile home parks, multi-family projects townhouses, and planned unit developments. 9 102720a HCBOC Page 17
System Development Fee A charge or assessment for service imposed with respect to new development to fund costs of capital improvements necessitated by and attributable to such new development, to recoup costs of existing facilities which serve such new development, or a combination of those costs. The term includes amortized charges, lump-sum charges, and any other fee that functions as described by this definition regardless of terminology. Unit refers to a residential housing unit such as an apartment, condominium or duplex. Unusual Conditions to mean delays in acquiring materials, parts and (or) supplies, rock encountered in construction and other items which might cause delays not under the control of HRW. Water and Sewer Plans An engineered drawing, signed and seal by the Engineer of Record, in confonnance with the HRW Sanitary Sewer and Water Specifications that delineates the water and sewer infrastructure as well as other on-site improvements proposed for the development of the subject property. Section 3. Water Laterals and Tap-On. Water laterals will be installed only at the request of the Owner or his agent. When the lateral terminates at the property line, the meter shall not be set and the lateral shall not be used until the owner of the property or his agent applies for service. Section 4. Connection To Be Made By HRW Only Upon Application. The construction of water laterals within the street right-of-way and the setting of meters shall be the responsibility of HRW. 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 HRW from time to time. Section 5. Application for Connection. Every application for water service shall list, on forms provided by HRW, 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 HRW, 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 10 102720a HCBOC Page 18
point of the building as planned, and the name of the plumber who will do the work. This application shall be filed not less than ten days before the proposed connection is desired. Unusual conditions may be just cause for additional time in providing the services required. When the size of the service and the cost of the connection have been determined, the applicant shall deposit the previously determined cost and shall be issued a permit for the desired connection. Section 6. Disapproval of Application. If, in the opinion of HRW 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 HRW'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 HRW's water service, HRW shall require the consumer to adopt remedial measures to eliminate the unsatisfactory condition. HRW shall not in any way be responsible for any cost or inconvenience caused by a change in service requirements after an application has been approved, or by an installation before the application has been approved. Section 7. Separate Water and Sewer Connections and Meters Required. Each building shall have a separate meter, and where practicable shall have a separate water lateral. In the event that one lateral is used for two dwellings, commercial or industiial buildings, or used to serve two or more meters for the same dwelling, commercial or industrial buildings, a separate cut-off shall be provided for each meter. However, there shall be an exception to the requirement for separate water meters in the case of groups of mobile homes or apartment developments under single ownership. In the case of said groups of mobile homes or apartment developments of more than ten (10) units, one meter shall be used for the entire project unless additional meters are deemed necessary by the proper HRW authority, and the following conditions shall be met: (a) Bills will be rendered to the Owner of the property. (b) The bill will be calculated by a minimum charge for the master meter and for each of the total number of units included thereafter, and calculating the remaining bill based on the total consumption passing through the master meter above the minimum; provided, however, owners of ten or fewer multiple units may elect to have water metered directly to each unit and the charge therefore billed directly to the user in each unit. (c) Should any portion of the development be sold, the owners shall be responsible for paying whatever additional costs would be involved in bringing the divided development into compliance with this article. 11 102720a HCBOC Page 19
Section 8. Connections And Meters To Remain Property ofHRW. All meters, boxes, pipes and other equipment furnished and installed by HRW in a water or sewer connection shall remain the property of the HR W. 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 HRW, the property owner shall pay for the change of lateral as though it were a new connection and shall pay or be credited the difference of the cost of meters in the original and new installations according to the then current price of the two meters. Section 9. Maintenance Of Meters And Connections. All meter and water laterals shall be maintained by HRW at the HRW's expense. Section 10. Connection To Other Supply and Cross-Connection Control. No part of the HR W'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 HRW water and water from any other source is used, the piping shall be completely separate. Pipes carrying water from a source other than HRW'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. HRW 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. HRW 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, HR W may designate the location as a high hazard in accordance with the paragraphs below. The following uses shall be classified as hazardous uses: (a) Hazardous uses include, but are not limited to: pumps or tanks handling sewage, radioactive, lethal, or toxic substances, boiler and steam connections, sewer waste lines, low inlets to receptacles containing toxic substances, coils or jackets used as heat exchangers, flush valve toilets without vacuum breaks, bacterial and viral materials, private wells or other private water 12 102720a HCBOC Page 20
supply, irrigation systems, water systems or hose connections, booster pumps, carbonation equipment, or similar hazard potential as determined by the Department. (b) Any location at which the nature or mode of operation within a premise are such that frequent alterations are made to the plumbing or at which there is a likelihood in the determination of the Department that protective measures may be subverted, altered, or disconnected. (c) Any facility which contains, but is not limited to, a bottling plant, cannery, a building having five or more stories, battery manufacturer, exterminator, greenhouse, chemical processing plant, dairy, dye works, film laboratory, car wash, hospital, commercial laboratory, laundry, metal fabrication operation, mortuary, swimming pool, morgue, x-ray equipment, medical office with laboratory, aspirator, medical washing equipment, packing house, plating plant, poultry house, power plant, nuclear reactor, pumped fire sprinkler or riser system or those equipped with facilities for the introduction of freeze preventive chemicals or other substances other than water. All installations described in the above paragraphs (a)-(c) shall be deemed hazardous uses, and must have a containment device in the form of a reduced pressure zone backflow prevention device provided that, if the consumer demonstrates to the satisfaction of HRW 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 HR W or their authorized representative: reduced pressure zone principle backflow prevention device, double check valve backflow prevention device, air gap, vacuum break-pressure type, or dual check valve. Each reduced pressure zone principle backflow prevention device serving as an internal confinement device shall have a mesh strainer immediately upstream of the inlet gate valve. Services to single-family residential units, not otherwise required by this ordinance to have other containment devices, may have a containment device in the form of a dual check valve. HRW 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 HRW. On all such services for which meters have been applied prior to the adoption of this ordinance, said dual check valve shall be installed by HRW, 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. 13 102720a HCBOC Page 21
All other connections to the public water supply of HRW shall have containment devices in the fonn of double check valve backflow prevention devices as set forth in the following paragraph. This shall include water mains installed by HRW, including but not limited to mobile home parks, apartments, group housing projects, and other private distribution systems, or similar hazard potential as determined by HR W or their authorized representative. All containment devices shall be installed according to the following procedure: (a) The containment devices shall be located off street right-of-way on the water main side of any plumbing connection. When installed in a building, the device shall be located on the service line immediately after its entrance into the building. Each containment and confinement device shall be installed in a location which is physically accessible for inspection and testing as determined by HRW. Containment devices which have been buried in the ground do not satisfy the provisions of this ordinance. Each reduced pressure principle zone device shall be installed such that flooding of the device is unlikely as determined by the Department. (b) HR W 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 HR W standards. (c) In those cases in which containment and/or confinement devices have been previously installed by any party, the responsibility for maintenance, testing, and replacement as applicable shall be with the consumer. ( d) The cost of said means of containment, and any other plumbing modifications necessary and convenient thereto, and the testing and maintenance thereof is to be paid for by the consumer. Upon identification of a hazard, or hazard potential, as defined in this section of the ordinance, HRW shall notify the consumer, ofrecord, of the property on which the hazard exists of the following: (a) Location of the Hazard (b) Nature of the Hazard Observed ( c) Date of the Hazard Observed ( d) Applicable Section of the Ordinance ( e) Requirements of the Ordinance Such notification to be made by certified mail, with return receipt requested. 14 102720a HCBOC Page 22
HRW shall be notified by the consumer when the nature of use of the property changes so as to change the hazard classification of that property, as set forth in this ordinance. The consumer at each property at which containment and/or confinement device(s) have been installed shall have each containment or confinement device(s) tested on an annual basis, and perform any routine maintenance to such device as recommended by the manufacturer, and provide the Department with a report of that inspection and work. The consumer shall cause such maintenance, or repairs to be made, rendering the device fully operational. Failure of the consumer to perform that testing and maintenance shall cause for the premises to be deemed an immediate public health hazard. HRW 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 oflife, property, and equipment, duplicate containment or confinement devices shall be provided by the property owner to avoid the necessity of discontinuing water service to test or repair the device(s). Consumer responsibilities under this section include: (a) The consumer shall, as required in this ordinance and upon notification, install the hazard containment device(s) as required within ninety (90) days of the date of notification. (b) If, after expiration of ninety (90) days, the containment device(s) has not been installed in conformance with the standards set forth in this ordinance and by the Department, in proper working condition, the Department may discontinue the public water supply at that premises, and service shall not be restored until such devices have been installed. The Department may permit an extension of up to ninety (90) additional days if compliance efforts are underway and the existence of hardship can be determined. (c) HRW shall bear no liability for direct or consequential damages caused by the discontinuance of service pursuant to this ordinance. Section 11. When Water Meters Read. All water meters on water systems controlled by HRW shall be read monthly unless unforeseen circumstances dictate otherwise. 15 102720a HCBOC Page 23
Section 12. Adjustment Of Overcharges. HRW shall have the authority to adjust one water and/or sewer monthly bill per twelve 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 (3) months. (b) When proof ofrepair is furnished to substantiate a leak, the water bill shall be reduced by fifty percent (50%) of the amount by which it exceeds the average amount of the consumer's bill for the preceding three (3) months. The average is then added back in to determine the final amount. Leak adjustments for sewer accounts are determined by reducing the sewer bill to the preceding three month average. ( c) If the cause is of an undetermined origin, and it does not appear upon investigation that the occupant or occupants of the premises served were in any way at fault for the excessive water bill, the adjusted bill shall be calculated the same as in (b) of this rule. (d) All metered water lost due to negligence on the part of the user will be charged at the normal rate, and no adjustment of the bill shall be made. Section 13. Meter Tests. Any consumer may have a test of his water meter made upon payment in advance of a fee of actual cost of the test for any size meter. A deposit for the estimated cost of the test is required before such test is conducted. If the consumption shown on the meter in question is greater than twice the average consumption for the preceding six months, the fee for testing the meter shall be waived. Since the most accurate water meters suitable for general use require a margin of approximately two and one-half percent for error, any meter which shows upon test an error not greater than two and one-half percent shall not be considered defective. If the meter is found to be over-registering in excess of two and one-half percent, refund shall be made in accordance with Section 12 ( a) above, and the deposit paid for the test shall be refunded. 16 102720a HCBOC Page 24
Section 14. Bulk Water Usage. HR W 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 detennined by HRW according to the size of the hydrant meter and is refundable upon the satisfactory return of the meter. Failure to return the meter in a timely fashion will result in the customer being charged for the full prevailing cost of the hydrant meter. A chain of custody form will be used to annotate the serial number of the hydrant meter, the customer name and relevant billing information, and the signature of the customer requesting the meter. A daily, monthly or yearly rental rate will be billed to the customer according to the desired usage. Any customer requesting to keep the meter for a year will be provided to pay that rental rate at the time of meter issuance or the beginning of each new yearly billing period. The water user also agrees to pay for water obtained at the rate of $6.00 per 1,000 gallons. A chain of custody form will be used to annotate the serial number of the hydrant meter, the customer name and relevant billing information, and the signature of the customer requesting the meter. The applicant shall be responsible for any damage to the hydrant, meter, backflow, connections, etc., used in the installation and the cost of any such damage shall be taken from the deposit. After deducting the water bill, appropriate rental rate and any cost of damage to the installation, HR W shall refund the balance of the deposit to the applicant as soon as the meter is removed and returned to the HRW's stock. While in use, no wrench shall be used on the hydrant except a hydrant wrench furnished by HR W. If scarred by unauthorized methods, the cost of nut and labor to repair shall be charged to person responsible. Should the water bill, rental rate and cost of damage exceed the deposit, the user shall pay the amount of such excess to HR W. Section 15. Tampering With Meters and Stopcocks. No person, except an employee of HRW, shall tum 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 HRW. The fact that water is cut on to any premises by a person without the prior knowledge of either HRW or the consumer shall not relieve the consumer of liability for such unauthorized use of water. A minimum fee of $100.00 shall be imposed upon the consumer where such tampering or unauthorized use of water has occurred. Section 16. No Guarantee Of Quality, Quantity Of Pressure Of Water Supply. 17 102720a HCBOC Page 25
Neither the District nor HRW guarantees the quality, quantity or pressure of its water supply. It is hereby made a portion of the terms on which HRW and the District furnish water to consumers that HRW 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 HR W 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 HR W 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 HRW and the District in no way responsible for damage thereof. Section 17. Protection Of Water Supply. No person shall contaminate any portion ofHRW or of the Districts' water supply whether the same is in a reservoir, or tank, or pipe. Section 18. Repealing Clause. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. If any section, paragraph, subdivision, clause or provision of this ordinance shall be adjudged invalid, such adjudication shall apply only to such section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this ordinance shall be deemed valid and effective. Section 19. Procedures. (a) Service will be supplied only to those who apply. (b) Users will make application for service, in person or online, at HR Wand at the same time make the deposit guarantee required below. A $15.00 account set-up fee and/or transfer fee of the same amount is due upon initial account set up or subsequent transfer of a consumer's water service to another address. ( c) The amount of deposit shall be determined by entering all responsible consumer information into an On-line Utility Database. If the consumer or consumers have a history of outstanding debt to other utilities, a copy of the amount of debt and the utility to which it is owed shall be provided to the consumer at the time of application. A credit score is determined by this procedure. ( d) Property owners, if approved by the procedure described in Section 19 ( c) shall not be required to make a deposit. If the property owner is not approved by the above described procedure, they will be charged a minimum deposit of $50.00. This deposit will be refunded after one year of no penalties such as delinquent or reconnection fees. All other consumers, if approved 18 102720a HCBOC Page 26
by the procedure described above, shall make a minimum cash deposit of $50.00 per service requested. All other consumers with a delinquent credit history will be charged a minimum deposit of $100.00 per service requested. Deposits shall not accrue interest. All consumers who qualify as commercial users under the current rate structure shall be exempt from this deposit requirement. (e) All property owners with no established accounts, must provide HRW with a deed or purchase agreement for the property where water and/or sewer service will be provided. All other users must provide HRW 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 at setup by HRW. (f) HRW 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) HRW 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, HRW 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 account is under shall be responsible for payment of all bills incurred in connection with the service furnished. (i) A separate deposit is required for each meter and/or service connection requested. (j) The deposit receipt is not negotiable and can be redeemed only at HRW. (k) The deposit required by this ordinance or part remaining thereof will be refunded upon payment of final bill and final accounting except in instances described in section ( d) above in which it may be refunded earlier. (1) Final bills are prorated based upon the number of days service is provided. Section 20. Initial Or Minimum Charge. (a) The initial or minimum charge, as provided in the rate schedule, shall be made for each service installed, regardless oflocation. 19 102720a HCBOC Page 27
(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 HR W. (c) Water furnished for a given lot shall be used on that lot only. Each consumer's service must be separately metered at a single delivery and metering point. Each commercial unit and each storeroom or stall used for business purposes shall have a separate meter. All commercial use including storerooms and stalls for business purposes shall be metered separately from any residential use and vice versa, whether now in service or to be installed in the future. ( d) Consumers shall be responsible for paying the minimum monthly water bill whether or not water is actually used during a month. Section 21. HRW's Responsibility And Liability. (a) HRW 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 system development fee(s) then in effect, will be charged. The tap-on-fee is subject to deviate from the set rate due to cost of the service installation. (b) HRW may install a meter at the property line or, at HR W'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) HRW does not assume the responsibility of inspecting the consumer's piping or apparatus and will not be responsible therefor. (e) HRW 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) HRW 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 HRW. HRW shall not be responsible for any damage done by or resulting from any defect in the piping, fixtures, or appliances on the consumer's premises. HRW shall not be responsible for negligence of third persons or forces beyond the control of HR W resulting in any interruption of service. 20 102720a HCBOC Page 28
(g) Under normal conditions, the consumer will be notified of any anticipated interruption of service. Section 22. Consumer's Responsibility. (a) Piping on the consumer's premises must be so arranged that the connections are conveniently located with respect to HRW's lines or mains. (b) If the consumer's piping on the consumer's premises is so arranged that HRW 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; HRW to provide a like service on HRW'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 HRW'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 HRW and placed on the consumer's premises by HRW or any predecessor in interest to HRW and shall permit access to it only by authorized representatives of HRW. (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 HRW 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 HR W. 21 102720a HCBOC Page 29
Section 23. Access To Premises. HR W personnel shall have access at all reasonable hours to the premises of the consumer for the purpose of installing or removing property controlled by HRW, inspecting piping, reading or testing meters, or for any other purpose in connection with HR W's service and facilities. Section 24. Change of Occupancy. (a) Not less than three days notice must be given in person or in writing to discontinue service for a change in occupancy. Such notice shall be given at the HRW office which has responsibility for management of water and sewer systems. (b) The outgoing party shall be responsible for all water consumed up to the time of departure or the time specified for departure, whichever period is longest. Section 25. Suspension Of Service. (a) Services may be discontinued at the request of the consumer, provided the consumer pay all current balances. When services are discontinued and all bills paid, the deposit will be refunded in accordance with this Ordinance. (b) Services may also be discontinued by HR W to any customer whose account remains delinquent for more than ten (10) days. The deposit will be applied by HR W toward settlement of the account. Any balance will be refunded to the consumer; but if the deposit is not sufficient to cover the bill, HRW may proceed to collect the balance in the usual way provided by law for the collection of debts. (c) Property owners may have a service discontinued for rental property in the event that the rental unit is vacant for a period not to exceed twelve (12) months. If the rental property is still vacant after twelve (12) months from the original suspension date, the property owner will begin to receive minimum bills for that location to include the account setup of $15 .00. ( d) Service discontinued for non-payment of bills will be restored, at the request of the consumer only after bills are paid in full, and a service charge of $40.00 paid for each meter reconnected except as set forth hereafter. The consumer being 22 102720a HCBOC Page 30
reconnected must also make the required deposit. The consumer may elect to pay an additional service fee of $50.00 to expedite the reconnection process. The payment of this fee will guarantee the reestablishment of water service to the consumer on the same day the account is paid in full. (e) After a connection has been discontinued for a period of twelve consecutive months HRW 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) HRW 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 HRW's rules and ordinances. 3. Consumers nonpayment or adherence to agreed-upon payment plan terms. 4. Emergency repairs. 5. Insufficiency of supply due to circumstances beyond HR W's control. 6. Legal processes. 7. Direction of public authorities. 8. Strike, riot, fire, flood, accident, or any unavoidable cause. (h) HRW may, in addition to prosecution by law, permanently refuse service to any consumer who tampers with a meter or other measuring device. (i) HRW 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, HRW may give privileges for connections at reduced amounts in order to encourage additional 23 102720a HCBOC Page 31
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 HRW in accordance with other provisions of this ordinance that he desires to stop his service. Section 26. Complaints -Adjustments. (a) If the consumer believes his bill to be in error, he shall present his claim, in person, at HRW 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) HRW will make special meter readings at the request of the consumer for a fee of$25.00 provided, however, that if such special reading discloses that the meter was over read, or in error in any way, the fee will be refunded. (c) Meters will be tested at the request of the consumer upon payment to HRW of the actual cost to HRW of making the test provided, however, if the meter is found to over register or under register beyond two and one-half per centum (2 1/2) of the correct volume, no charge will be made. (d) If the seal of the meter is broken by other than HR W's representative, or if the meter fails to register correctly, or is stopped for any cause, the consumer shall pay an amount estimated from the record of his previous bills and/or from other proper data. No modification of rates or any of the stipulations in this ordinance shall be made by any employee ofHRW. Section 27. Classifications, Rates, Fees and Charges. The following classifications, rates, fees, and charges are adopted: (a) Classification of Service. 24 102720a HCBOC Page 32
All services are classified under three categories to include residential, commercial, or bulk municipal users. A residential service is a service requiring a meter size up to and including one inch. A commercial service is a service requiring a meter size greater than one inch up to and including two inches. A bulk municipal service is a service requiring a meter size greater than two inches, where the user is a municipality and/or other public body. (b) Rate Schedule: ( 1) Residential: Water Schedule Flat rate, first 2,000 gallons (minimum) All water used over 2,000 gallons Sewer Schedule Flat Rate, no gallons Commodity charge Flat sewer rate, one person household Flat sewer rate, two or more in household (2) Commercial: Water Schedule Flat rate, first 2,000 gallons (minimum) All water used over 2,000 gallons Sewer Schedule Monthly $ 20.00 $ 5.50 per 1,000 gallons Monthly $ 15.00 $ 6.00 per 1,000 gallons $ 40.00 $ 45.00 Monthly $ 27.00 $ 5.50 per 1,000 gallons Monthly 25 102720a HCBOC Page 33
Flat rate, no gallons Commodity charge Flat rate, institutional, no gallons Commodity charge (3) Bulk Municipal: $ 40.00 $ 6.00 per 1,000 gallons $ 250 minimum $ 6.00 per 1,000 gallons Water-$ 2.60 for each 1,000 gallons used. Where bulk municipal connections exist, HRW may require that the water purchaser guarantee a minimum usage allocation and payment for the same, whether used or not. Water-Capacity Owners-$2.05 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 HRW. Water-Woodlake-$2. 77 for each 1,000 gallons used. Sewer-$ 2.30 for each 1,000 gallons treated. Sewer-Linden Oaks-$2.60 for each 1,000 gallons treated. Energy Charges-$.25 for each 1,000 gallons of water used. Note: Energy charges may differ depending upon the number of pumps required for delivery. (c) Tap-On-Fees. Water Services 2 1 inch connection inch connection $2,500 $ 1,500 26 102720a HCBOC Page 34
3/4 inch connection 3/4 inch connection Sewer Services 4 inch gravity connection 6 inch gravity connection 8 inch gravity connection Step Tank $ 800 $ 200 for new District or HRW funded extension $ 1,000 $1,500 $2,500 $2,000 Larger connections and/or road bores, including those for bulk municipal connections, shall be negotiated as may be appropriate. (d) Hydrant Meter Charges. Services 3/4 inch hydrant meter 3 inch hydrant meter (e) Septage Hauler Waste Fee Basic Facilities Charge Usage Charge Charges $250.00 Refundable Deposit $5.00/day or $140.00/month rental rate $1,200.00/yearly rate (must be paid up front) $6.00/1,000 gallons $500.00 Refundable Deposit $10.00/day or $280.00/month rental rate $2,500.00/yearly rental rate (must be paid up front) $6.00/1,000 gallons $20.00 per Truckload $85.00 per 1,000 gallons This service is available only to those applicants having obtained prior written approval 27 102720a HCBOC Page 35
from the HRW Wastewater Division. Waste from septic tanks and portable toilets shall be accepted if it fully conforms with the Hamett County Sewer Use Ordinance. (f) Rates for persons living outside the District. Rates for persons living outside of Hamett County and served by HRW water lines owned or operated by HRW or a District shall be equal to rates for persons living inside Hamett County so long as no tax is levied within Hamett County for support of the system; if a tax is levied on users inside Hamett County for the purpose of supporting the water system, then the users outside Hamett County shall pay an increased rate. (g) Water and Sewer System Development Fees. System development fees are a charge or assessment for service imposed with respect to new development to fund costs of capital improvements necessitated by and attributable to such new development, to recoup costs of existing facilities which serve such new development, or a combination of those costs. The term includes amortized charges, lump-sum charges, and any other fee that functions as described by this definition regardless of terminology. These charges are reasonable and necessary and result in a more equitable and economically efficient method ofrecovery of such costs to handle new growth and to serve new customers without placing an additional financial burden on existing customers solely through inordinate enhancement of water and sewer rates. A Water System Development Fee of $2,000.00 and a Sewer System Development Fee of $2,500.00 per connection, lot and/or unit will be charged for all new water and/or sewer services connecting to any water supply or distribution system and/or sewer collection system owned and/or operated by HRW. Determination of water and sewer system fees were accomplished per a system development fee analysis that met the requirements ofN.C.G.S 162A-205 and is posted on HRW's website for review. New commercial/industrial system development fees will be accomplished through the method of equivalent residential unit using the estimated water and sewer usage needed for the development. These system development fees shall be paid to HRW per N.C.G.S 162A-213 in the manner set forth below: The system development fee for new land subdivision development shall be payable at the time of application for a building permit. In instances of any other new development to include commercial/industrial developments, the full balance of these fees shall be due at the time of application for connection of the individual unit of development or when HRW commits to provide water and/or sewer service to the development, whichever occurs sooner. 28 102720a HCBOC Page 36
(h) Plan Review Fees Plan review fees for extensions of HR W's water and sewer systems shall consist of a $250.00 Preliminary Plan Review for all projects and a $40.00 per lot and/or residential equivalent unit for all types of development. These fees cover plan review, on-site inspections, and one-year warranty inspections. Section 28. Connection to Existing Systems. In the event that HR W desires to connect its water distribution system to previously existing systems, all such systems must have the approval of the Division of Health Services, of the North Carolina Department of Human Resources before such connection may take place and all previously existing sources of water must be completely abandoned and rendered incapable of future water production. Section 29.1 Water and Sewer Extension in New Developments. Article V, Section 5.3 of the Harnett County Subdivision Regulations describes the basic conditions under which water and sewer extensions are required in HR W's jurisdiction. HR W 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 HR W may in its discretion contract with the subdivider or Developer to install such water or sewer lines with HRW personnel. (a) Water and Sewer Plan Requirements. If a water distribution or sewer collection system is to be installed in a subdivision in HRW's jurisdiction, and the system is to be assumed and maintained by HRW immediately upon completion of installation, a complete set of construction plans must be provided for the proposed system. The plans shall be prepared by a N.C licensed professional engineer serving as the Engineer of Record for the development and shall have their seal and signature with the date on each plan. Water and sewer plans shall include a determination of the estimated water and sewer capacity needed to serve the development based on NCDEQ 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 HRW 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 HRW sewer mains. The plans must conform to HRW specifications, N.C. Administrative Code 15A Subchapter 2T Waste Not Discharged to Surface Waters and to 29 102720a HCBOC Page 37
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) Capacity Allocation Determination HRW reserves the right to impose minimum and/or maximum lot counts for each proposed phase within a new land subdivision development to help adequately determine future water and/or sewer capacity allocations and to prohibit excessive review and administrative overhead. Minimum lot counts will be determined on a case by case basis depending upon the development. Land subdivision development phases are limited to a maximum of one hundred (100) lots or residential equivalent units. All water and/or sewer improvements within approved phases must be constructed and lots within approved phases must be recorded within two (2) years of receipt of the Authorization to Construct Permit from HRW/NCDEQ. If the above conditions are not met within the two (2) year construction period HRW reserves the right to rescind the unused amount of capacity for future use and begin the review process again in earnest to include updated plans and construction drawings from the Engineer of Record for the development. Supplementary phase construction requests of the same land subdivision development will be reviewed but not permitted for construction until the previous phase has a minimum of fifty percent (50%) of its planned building permits issued. Water and/or sewer capacity allocations are granted by HRW at the time of water and/or sewer permit application to NCDEQ. (c) Shop Drawing Review. The developer's Engineer of Record will review all shop drawings for conformance with HR W specifications prior to submittal to HRW. The shop drawing submittal to HRW shall include a cover letter by the developer's Engineer of Record certifying conformance with HR W specifications and summarizing any exceptions or concerns relative to approved drawings and/or HRW standards. ( d) Conformance and Inspection/Oversight. Improvements shall be installed in accordance with the established specifications, and other applicable policies of HRW. Contractor shall conform to all applicable local, state and federal regulations. No field changes to the plans are allowed without prior written approval from HRW. 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 HRW as each such inspection is made. Water and sewer infrastructure must pass all tests as required by HRW specifications and those of all applicable regulatory agencies. These tests include, 30 102720a HCBOC Page 38
but are not limited to, air test, vacuum test, mandrel test, visual test, pressure test, bacteriological test, etc. A HRW inspector must be present during testing. All test results must be submitted to HRW. 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 HRW 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 HR W exceeds two, additional fees may be assessed to the Developer. (e) Off-site and Over-sizing oflnfrastructure. 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 HRW system deemed necessary to meet the service requirements of the development. The Developer shall incorporate the off-site improvements in the water and sewer plans submitted for the proposed development. These improvements shall be consistent with the HRW 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 HRW to serve future developments or to meet other service needs of HRW. If this is the case, HRW shall reimburse the Developer for any additional costs incurred as a result of installing such oversized lines. Under no circumstances will HRW reimburse the Developer for any additional costs associated with the installation of mains equal to or less than 8 inches in diameter for water and 12 inches in diameter for sewer as these sizes would be below or equal to the standard size mains utilized by the HRW. (f) Easements for Future Water and Sewer Lines. The Developer shall secure the services of a professional engineer to design the system in accordance with HR W specifications. HRW 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 HRW 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 HRW 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 31 102720a HCBOC Page 39
Developer. HR W also prefers that the Developer acquire these rights-of-way privately if at all possible. Further explanation of HR W's participation in easement acquisition for private development is explained in Section 30.2 below. (g) Transfer of Title. The Developer shall transfer to HRW, 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 HRW 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 HRW, the Developer shall, without cost to HRW: (1) Convey at no cost to HRW, its successors or assigns by good and sufficient easement deed or dedication in right-of-way in a form satisfactory to HR W a perpetual right, easement and privilege to operate, maintain and repair or replace all water and wastewater mains, pipes, connections, pumps and meters within granted easements upon Developer's property in connection with supplying water and wastewater service to the inhabitants, occupants and customers in Developer's property and secure from each mortgagee and lien or a release of mortgagess' and lienors' interest in the easement and fixtures thereon for so long as the easement is used for the operation, maintenance, repair replacement of water and wastewater mains, pipes, connections, pumps and meters within the easements. (2) Transfer at no cost to HRW 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 HRW 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 HRW. (4) Furnish HRW 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 HRW with all Manufacturers' warranties which Developer might have received or is due to receive on any part of the installations. 32 102720a HCBOC Page 40
(6) Pay to HRW any and all applicable charges which shall be due and payable prior to connection to HRW water and/or wastewater system. (7) Furnish HR W with a satisfactory warranty on guaranteeing all equipment and infrastructure installed pursuant to this Agreement against defect in materials, equipment of construction for a period of not less than one ( 1) year from date of acceptance of same by HR W. Said warranty shall be in such a form as approved and accepted by HR W. (h) Metering Requirements. Each individual apartment, residence, unit or business, must have an individual meters with the exception of existing apartment complexes, condominiums, shopping centers, mobile home parks and residential developments where lines do not meet HRW standards. These qualifications for the use of master meters, rather than individual meters, are clearly defined in section 7 of the Harnett County Ordinance Regulating The Use Of Water Facilities. (1) Meters meeting HR W specification and of appropriate size for desired application shall be furnished to the HR W at the expense of the Developer and shall become the property of HRW. (2) Each occupancy or property owner must post a security deposit and setup fee, as listed in Section 20 (d) of the above-mentioned ordinance, prior to activation of the service. (3) All water lines and meter services must be in a right-of-way with a.minimum width of twenty (20) feet and dedicated to HR W for the operation and maintenance of said water lines and meter services. Section 29.2 Acquisition of Easements For Developers In County Participation Projects Should a Developer encounter problems acquiring utility right-of-way across private property for a project, he may request a meeting with the HRW Director, or his designee, to discuss gaining assistance from HRW. For eligibility of participation by HRW, the subject water or sewer line must serve a public purpose or benefit as defined in HRW's case as providing a minimum value, for residential developments, of $350,000 tax base per lot and a minimum number of 50 lots. Commercial or industrial developments will be reviewed on a case by case basis to determine their value. The Director will review and make a detennination as to possible eligibility for participation. If the Director determines there is a valid basis for participation, the process will be explained to the Developer. Agreement to participate by the Developer will result in a letter of recommendation to the Legal Services Department and the County Manager. If the Legal Services Department agrees that participation is warranted then they shall notify the Developer in writing and then in conjunction with HRW meet with the Developer to review their obligations. All property maps and descriptions will need to be approved by HR W and need to comply with these standards and procedures. 33 102720a HCBOC Page 41
(a) One (1) copy of blueprint of each map with a copy of the descriptions of the taking shall be submitted by the Developer's engineering firm/surveyor for review. The map and descriptions need to be sealed by a professional surveyor. (b) Legal will contact the Developer's engineering firm/surveyor after review is completed so that review comments can be addressed. ( c) The Developer's engineering firm/surveyor will have to re-submit a copy of blueprint of the corrected plans and a copy of the corrected descriptions, together with all the copies marked with corrections requests. (d) When Legal is satisfied that all changes have been made, the Developer's engineering firm/surveyor will be contacted and asked of submission of the following items: 1) The original mylar of the plans, signed, sealed and dated by a professional surveyor. 2) A copy of the legal description, signed, sealed, and dated by a professional surveyor. 3) A dxf of dwg drawing file submitted on a flash drive or through email, for all computer-generated with the drawings. This file should be on project coordinated (I.e. NAD83 coordinates). Also an ASCII points file, with the point number, coordinates, and descriptor of each point. (e) The Developer's attorney will need to prepare the required deeds and contact the County's Legal Department for the approval of the deeds. (f) The Developer or his attorney will furnish the Legal Department with a copy of the deeds after they have been recorded in the Office of the Register of Deeds of Hamett County, NC. (g) In lieu or preparing property maps, legal descriptions, deeds and deeds of assignment, the Developer may choose to have his surveyor prepare a plat of recordation. The Legal Department will still review the plats. Once the maps have been finalized they will need to be submitted to the Planning Department for their review. The Developer may then have the owners sign dedications statements on the plat. (h) In the event that the property owner denies the Developer's surveyor access to the property, the surveyor shall compile the maps needed for the easements from publicly available sources and use these documents to estimate the easement square footages required. The estimated value of the easements, per square footage, based on the independent appraisal shall be multiplied by the estimated required square footage of the easement as a basis of offer. This offer may be 34 102720a HCBOC Page 42
considered as sufficient proof that a good-faith effort was made. Final settlement value will be contingent upon a survey meeting HCDPU's requirements as stated above. (i) The Developer shall send letters to the property owners requesting permission of site access and HR W will initiate contact with the affected property owners to alert them to the activity. Based on the approved drawings and descriptions, the Developer commissions an independent appraisal of the properties. An offer shall be in writing to the property owner and sent via certified mail, return receipt requested. Upon refusal of the offer, as detailed above: (j) HRW will schedule a meeting with the Developer and the affected property owner(s) to; discuss the situation, explain the necessity for the project ( e.g. public good, public necessity, coordination with the long-term infrastructure development of the County), and ascertain that an offer has been made and effused. Furnish Legal Department copies of correspondence as written documentation. (k) If condemnation proceedings are the only option left to obtain the necessary easements, a Board of Commissioner Agenda item from the Hamett Regional Water Director to the County Manager must be prepared and sent and copied to the Legal Department. (1) Legal Department will notify the Developer and the affected property owners as to the date, which the Board of Commissioners will consider the request. (m) Board of Commissioners will decide as to whether or not to direct Legal to initiate the condemnation process of the property in question. Condemnation under this Policy shall be subject to the Board of Commissioners findings of public purpose, public necessity, and approval of exercise of eminent domain. (n) Upon the Board of Commissioners approval and prior to HR W staff starting action, the Developer to deposit with HRW twice the amount of the estimated cost of the right-of-way. The Developer will have the right to have his attorney participate in the process in conjunction with HRW attorneys. If the Developer elects not to, he shall furnish a waiver to HRW to that effect. Upon obtaining the right-of-way, HRW shall refund to the Developer all funds (item m) 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 HR W 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 the County Development 35 102720a HCBOC Page 43
Services Department. At the option of HRW, the Developer may be required to deposit additional funds up to five times the amount of the estimated right-of-way value. HRW 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 HRW will bear no interest. Section 29.3 Extension of Water and Sewer Lines Within County. (a) HRW currently extends service by 3 methods: 1. Capital Projects using Loan & Grants to fund. 2. Private Development within public rights-of-way or dedicated rights-of-way funded by private funds. 3. Co-operative Projects -between HRW and private sector for commercial and industrial development. The amount of HRW funds contributed to a co-operative project is guaranteed to be repaid to HRW 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 HRW's fiscal contribution to the project, the Developer shall pay the difference to HRW. (b) HRW proposes to designate, from the Harnett Regional Water Fund, certain restricted annual appropriations for the development of water and sewer line extensions within Hamett County. All requests for extensions shall be rated on the following point system. 1. Public Health Severity 2. Cost Feasibility Based Upon Return of Investment 3. Contributed Capital by Individual or Business 40 points 40 points 20 points Points Maximum 100 Points The responsibility for rating each request will be with the Director of Hamett Regional Water or the designee of the Director. A minimum score of 50 points is required in order for the Hamett County Board of Commissioners to consider the request. 36 102720a HCBOC Page 44
Section 29 .4 Extensions Outside of County. (a) HRW has no responsibility to provide water or sewer service to property located outside the County. However, upon request, HR W may extend its water or sewer lines to serve properties outside the County when it determines that it is in the County's best interest to do so. (b) Any owner of property outside the County who seeks an extension of HR W's water or sewer system to serve the property shall submit an application for extension to HRW. The owner shall provide all information HRW deems necessary to determine whether the requested extension is feasible and in the County's best interest. (c) The responsibility for, and the entire cost of, extending a water or sewer line to serve property outside the County shall be borne by the property owner requesting the extension. Section 29.5 Extensions Made by Other than HR W Personnel. (a) Extensions of HR W's water or sewer system installed by other than HRW personnel, whether inside or outside the county, shall be installed by a licensed utility contractor in accordance with the provisions of this policy as well as other HRW 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 HRW's water or sewer system shall commence until detailed plans have been reviewed and approved by the Director of Hamett Regional Water 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 HR W specifications and requirements. (c) Water lines intended for addition to HRW 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 HRW may accept sewer lines constructed on private property (where the topography makes this necessary) if adequate permanent easements are provided. 37 102720a HCBOC Page 45
(d) To protect street surfaces, HRW shall require that whenever extensions of water or sewer lines are made to properties or within new subdivisions, laterals be extended to all properties expected to tap onto such water or sewer lines. Section 29.6 Observation by HRW of Work Done by Others. (a) All work on the extension of water or sewer lines not perfonned by HRW forces (whether inside or outside the county), shall be subject to observation by HRW. If, in the judgment of the Director of Hamett Regional Water, 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 HRW specifications and requirements; or 2. Provide observation by HR W personnel. (b) Observation of a project by HRW 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 HR W specifications. Section 29. 7 Dedication of Water and Sewer Line Extensions. (a) All water and sewer mains constructed and connected with the water and/or sewer facilities of HRW pursuant to this section shall be conveyed to and become the property ofHRW upon completion and acceptance by HRW. Connection to the system and acceptance by HR W shall constitute dedication of a water or sewer main extension by the person responsible for the extension. (b) Following dedication as provided in Subsection (a), HRW shall have exclusive control of all water or sewer lines and shall be responsible for their maintenance, repair and operation. However, the conveyor of additions to the system shall guarantee the entire project against defective material and workmanship for a period of twelve (12) months from the date of acceptance of the project, including such incidental damages as may arise from such claims. Section 30. Delinquent Service Fees. 38 102720a HCBOC Page 46
(a) Except as provided in subsection (e) of this section, when a consumer shall have failed to pay their account (as specified in subsection c of this section) by the due date set forth on their bill, a delinquent service fee shall be imposed upon the consumer and the amount of such fee shall be added to the balance due. (b) The amount of the delinquent service fee provided for in this section shall be the sum of ten ($10.00) dollars. (c) A consumer shall have failed to pay their account when the full amount charged to the consumer for service supplied as stated on their bill has not been paid over to and received by HRW by 5:00p.m. on the due date set forth on the bill. ( d) The bill which shall be mailed to a consumer setting forth the charges due for services supplied, shall state the due date, the amount of the bill if paid by the due date, the amount of the bill if paid after the due date and shall further state that if payment is not made by the due date that the delinquent service fee will be charged. (e) When a consumer has paid all bills rendered to him by the due date set forth on each bill for twelve consecutive billing periods, should that consumer then make a payment after a due date, the delinquent service fee shall be waived for that period. Section 31. Sprinkler Connections. (a) Application for Full Service and Retrofitted Sprinkler Connections shall be made in person at HRW. Forms to be used in application processing shall be administratively prepared and matters otherwise associated with service application shall be processed pursuant to and in accordance with the rules, regulations, policies and/or procedures applicable to the service district within which the premises to be served is located. (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: 39 102720a HCBOC Page 47
2 inch connection 1 1/2 inch connection 1 inch connection 3/4 inch connection $1,600.00 700.00 450.00 300.00 (d) The same schedule ofrates, including the monthly minimum charge, applicable in the service district within which the premises to be served is located shall apply with respect to Full Service Sprinkler Connections. No sewer charges shall be made to the Consumer based upon the water consumption of the Full Service Sprinkler Connection. (e) The same schedule ofrates applicable in the service district within which the premises to be served is located shall apply with respect to Retrofitted Sprinkler Connections. No monthly minimum charge will be made except during those months when the connection has been used. No sewer charges shall be made to the Consumer based upon the water consumption of the Retrofitted Sprinkler Connection. (e) Except as specifically provided in this Section, all of the other rules, regulations, policies and/or procedures applicable to the service district within which the premises to be served is located shall be applicable with respect to Full Service and Retrofitted Sprinkler Connections. Section 32. Provision for Cut-Off Valve Any person desiring to connect to a water supply and distribution system owned and/or operated by HRW shall be required to install a cut-off valve of a minimum size of3/4" onto the service line running from the meter box to the consumer's premises. This cut-off valve shall be located within twelve (12) inches of the connection of the customer's service line to the meter box. A diagram showing a typical installation of such cut-off valve is attached hereto and made part of this section. This section shall be enforceable in addition to the minimum requirements of the North Carolina State Building Code regarding plumbing and placement of cut-off valves. Duly Adopted this of November 2020, upon motion made by Commissioner and adopted by the following vote: 40 102720a HCBOC Page 48
Ayes Noes Absent ______ _ Attest: Board of Commissioners of the County Harnett County By: ---------------Mark B. Jolmson, Chairman of the Board and of the Governing body of the Water and Sewer Districts of Harnett County. Margaret Regina Wheeler, Clerk to the Board and to the Water and Sewer Districts of Harnett County. 41 102720a HCBOC Page 49
Board Meeting
Agenda Item
MEETING DA TE : November 2, 2020
TO : HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Job Related CertificationIDegree Policy; Education Leave Policy;
Redefining Reclassifications and County Manager's Authority to Reclassify Positions
REQUESTED BY: Heather Pollard, Human Resources and Chris Appel, Legal Services
REQUEST:
The Human Resources Department and the Legal Department request approval from the
Board of Commissioners to amend the Harnett County Personnel Ordinance to (1) add the
Certifications and Degrees Policy, (2) amend the Educational Leave Policy , and (3) amend
those portions of the Ordinance that address reclassifications of positions.
1. The Certifications and Degrees Policy sets salary increases and approval process standards
for those employees who complete certifications or post-secondary degree s that are required
for the position, preferred for the position, substantially enhance their ability to perform the
job, or are related to the employee's current or future job dutie s and responsibilities.
2. The Educational Leave Policy is being amended to provide further detail and clarity as to
eligibilty for leave, the amount of leave that can be taken, and the approval process for taking
such leave in order to obtain a post-secondary degree that is required for the position,
preferred for the position, will substantiall y enhance the employee's ability to perform the
job, or it is related to the employee's current or future job duties and responsibilities.
3. Articles I, II , and III are being amended to clarify the definition of job reclassifications and
to clarify the County Manager's authority to reclassify a position without the Board of
Commissioners approval.
C:\Users\h po llard\A ppData\Loc a l\M icrosoft\ Windows\INetCache\Content.O utloo k\TX IVTBDK\BOC Agenda Req fo rm
11 -2-2020 (00 2).docx Page I o f 2
102720a HCBOC Page 50
ARTICLE Ill. THE PAV PLAN
Section 10. Certifications and Degrees
Harnett County encourages and promotes professional development by obtaining
professional certifications or post-secondary degrees that substantially enhance
the employee's ability to perform the job or are related to the employee's current
or future job duties and responsibilities . Full time, non-probationary employees
may be eligible for a salary increase for obtaining certain certifications or post-
secondary degrees during the course of their employment with the County in
accordance with this policy. If an employee does not meet all the established
requirements for the position and is placed in work against status until they
obtain a required certification or degree, the employee w ill not be el igible for a
salary increase under this policy .
Certifications: An employee may be eligible for a salary increase not to exceed 5%
for obtaining certifications that are required for the position, preferred for the
position, substantially enhance the employee's ability to perform the job, or are
related to the employee's current or future job duties and responsibilities.
A. If a position requires specific job-related certifications as a pre-requisite for
employment in order to perform the essential duties of the position, the
employee must obtain such certifications prior to their date of hire and will
not be eligible for a salary increase. If the position requires specific job
related certifications, but such certifications may be obtained within an
established period of t i me after their date of hire, the employee may be
eligible for a salary increase.
B. If a particular certification is preferred for the position, but is not required,
the employee's supervisor or department head may make a written
recommendation to the County Manager for approval for a salary increase.
C. If a particular certification either substantially enhances the employee's
ability to perform the job or is related to the employee's current or future
job duties and responsibilities, the employee may submit a written request
to their supervisor or department head to obtain the certification. The
superv isor or department head shall review the request and make a written
recommendation to the County Manager for approval of a salary increase,
102720a HCBOC Page 51
The salary increase percentage shall be determined in accordance with the list of
certifications and degrees that shall be approved by the County Manager. The list
of approved certifications and degrees and salary increase percentages may be
updated by the County Manager from time to time based on the department
head recommendations and the needs of the County. If an employee obtains a
certification not included on the approved list but that enhances the employee's
ability to perform the job or is related to the employee's current or future job
duties and responsibilities, the County Manager, upon written recommendation
by the employee's department head, may approve a salary increase not to exceed
5%. If the employee's department head and County Manager recommend a salary
increase in excess of 5% for a certification, the Board of Commissioners must
approve the increase .
An employee must obtain the certification within the period required by the
certification course or the deadline set by employee's supervisor or department
head. If an employee fails to obtain the certification within the required
timeframe, the employee must obtain department head and County Manager
approval for an extension. Employees must provide a certificate or other official
documentation to their supervisor or department head upon successful
completion of the certification course in order to receive a salary increase.
If the employee's certification requires periodic renewals or continuing education
to remain active, the employee shall be solely responsible for maintaining an
active certification. Should the certification expire, the employee shall have their
salary reduced by the percentage received for the certification . If the certification
is required for the position and the employee fails to obtain or maintain an active
certification, the employee may be subject to demotion or disciplinary action, up
to and including, termination.
Post-Secondary Degrees: An employee may be eligible for a salary increase not to
exceed 3% for an associate's degree, 5% for a bachelor's degree, and 7% for a
master's or doctorate degree if such a degree is required for the position,
preferred for the position, substantially enhances the employee's ability to
perform the job, or is related to the employee's current or future job duties and
responsibilities.
A. If a position requires a specific degree as a pre-requisite for employment in
order to perform the essential duties of the pos ition, the employee must
102720a HCBOC Page 52
obtain such a degree prior to their date of hire and will not be eligible fo r a
salary increase. If the position requires specific degree, but such a degree
may be obtained within an established period of time after their date of
hire, the employee may be eligible for a salary increase.
B. If a particular degree is preferred for the position, but is not required, the
employee's supervisor or department head may make a written
recommendation to the County Manager for approval.
C. If a particular degree either substantially enhances the employee's ability to
perform the job or is related to the employee's current or future job duties
and responsibilities, the employee may submit a written request to their
supervisor or department head to obtain the degree. The supervisor or
department head shall review the request and make a written
recommendation to the County Manager for approval.
The employee's department head shall submit a written recommendation of the
salary increase percentage to the County Manager for approval. If the employee's
department head and County Manager recommend a salary increase in excess of
the salary increase cap for that type of degree, the Board of Commissioners must
approve the increase .
An employee must obtain the degree within the period required by the
curriculum or the deadline set by the employee's supervisor or department head.
If an employee fails to obtain the degree within the required timeframe, the
employee must obtain department head and County Manger approval for an
extension. Employees must provide a copy of the degree or other official
documentation to their supervisor or department head upon successful
completion of the degree in order to receive a salary increase . If the degree is
required for the position and the employee fails to obtain the degree, the
employee may be subject to demotion or disciplinary action, up to and including,
termination .
102720a HCBOC Page 53
Current Policy in Personnel Ordinance :
Section 12. Educational Leave
Any full -time County employee may request and have granted a leave
of absence in order to take one (1) educational course during or after
regular County working hours as described in Article V , Section 2.
Such an employee must complete and submit the Education Leave
Request Form to the appropriate Supervisor or Department Head .
This form is provided by the Human Resources Department at
www.Harnett.orgor found in Appendix C of this Ordinance.
Such educational leave will only be granted if the educational course
to be taken benefits the County by better equipping the employee to
perform his or her assigned job duties and responsibilities.
102720a HCBOC Page 54
ARTICLE VI. LEAVES OF ABSENCE
Section 12. Educational Leave
Harnett County supports the pursuit of additional knowledge, skills, and
abilities by County employees in order to improve the efficiency of County
operations and the quality of service provided to the County's residents and
employees . As such, employees may apply for paid educational leave while
pursuing a degree as a college, university, community college, or technical
school.
Full-time, non-probationary employees may be eligible for educational
leave to take up to one five-hour course, which shall not include travel time
to attend the course . Probationary employees are not entitled to
educational leave unless as a condition of their employment, the employee
is required to take a course during their probationary period.
Paid educational leave may be granted in accordance with the following :
A. The employee is pursuing a degree that is required for the
position , preferred for the position , will substantially enhance
the employee's ability to perform the job, or it is related to the
employee's current or future job duties and responsibilities .
B. The course is a requirement of the degree .
C . The course is not offered at any other time outside the
employee's work hours.
D . The accommodation for educational leave will not significantly
disrupt the flow of work of the employee or the flow of
operations of the department, unless the degree is requ ired for
the position.
If an employee is granted paid educational leave, the employee will
continue to earn leave credits and any other benefits to wh ich an employee
is entitled .
An employee who wishes to take educational leave must complete the
Education Leave Request Form, which can be found in Appendix C of this
Ordinance or on the County website under the Human Resources
Department tab in the Employee Forms section , and submit it to their
102720a HCBOC Page 55
immed iate supervisor or department head prior to registering for the
course . The department head shall review the request and make a
recommendation to the County Manager for approval.
If an employee is not approved for paid educational leave or if an employee
exhausts paid educational leave, the employee may use other forms of
accrued leave or apply for Leave Without Pay in accordance with Article VI
of this Ordinance .
102720a HCBOC Page 56
APPENDIX C : ARTICLE VI FORMS
Educational Leave Request Form
In accordance with Article VI, Section 12 of the Personnel Ordinance ,
Full-time, non-probationary employees may be eligible for educational
leave to take up to one five-hour course, which shall not include travel
time to attend the course. Probationary employees are not entitled to
educational leave unless as a condition of their employment, the
employee is required to take a course during their probationary period.
An employee must complete and submit this form to their immediate
Supervisor or Department Head prior to registering for the course.
Please print legibly , provide all the information requested below, and sign.
Employee name:
Last/Fi rst/M idd le
Street Address:
City/State/Zip
Phone:(___ __ ) ___ -__ _
Alternate Phone : ( ___ ) ___ -__ _
Department: Title : --------------------
Course Title: Credit Hours : ---------------
Dates of Course: I I thru I I
Degree Being Pursued : __________ _
1
102720a HCBOC Page 57
Institution Name & Address :
Name
Street/City /State/Zip
Brief statement describing why the course and degree is required for the
position, preferred for the position or how it will substantially enhance your
abi li ty to perform your job, or how it is related to your current or future job
duties and responsibilities . (attach additional documentation/statement if
needed)
By signing below I certify that this course is not being offered at any time
outside my work hours and I acknowledge that all the information contained
on this form is a true and correct representation and I am not, nor will I
ever, provide the County with false information.
Employee Signature Date
*Please attach supporting document, including a printout of the
course description and course schedule.
2
102720a HCBOC Page 58
For Department Head Use :
Please provide a brief recommendation as to whether the above employee
should be granted educational leave .
Department Head Signature Date
Approved D Denied D
County Manager Signature Date
3
102720a HCBOC Page 59
ARTIC LE I. ORGA NIZATIO N OF THE PERSO NNE L SYSTEM
Section 3. Definitio ns (Li st ed Alph abeti cally)
The following definitions shall be applied to the entirety of this policy wherever such
words are used. The definitions found below shall be binding on all Harnett County
employees without exception .
Adverse Action: Any disciplinary action taken by Harnett County which directly results in
an employee's suspension (not including investigatory suspension), involuntary
demotion, dismissal, involuntary resignation, or termination .
Adverse Weather: Any weather condition that adversely impacts an employee's
commute to and from work or adversely impacts the County's ability to continue normal
operations.
Anniversary Date : An employee's original date of employment with the County.
Appointing Authority: Any individual or board who has the responsibility to assign or
place a person into a position .
Covered Active Duty : For members of the Regular Armed Forces this term means, duty
during deployment of the member with the Armed Forces. For members of the Armed
Forces Reserve this terms means, duty during deployment of the member with the
Armed Forces to a foreign country under a call or order to active duty in support of a
contingency operation.
Class: Positions or groups of positions having similar duties and responsibilities
requiring similar qualifications, which can be properly designated by one title indicative
of the nature of work performed , and which carry the same salary range.
Cost of Living Increase: An annual adjustment to all pay ranges that may be made by
the BOC . Such an adjustment would become effective on July 1 of each year.
Daughter: A biological, adopted , or foster child, a stepchild, a legal ward , or a c hild of a
person standing in loco parentis, who is either under age 18, or age 18 or older and
incapable of self-care because of a mental or physical disability. The onset of a
disability may occur at any age for purposes of this policy.
Death : The permanent ending of vital processes of any County employee.
Disability: Any physical or mental condition that limits movement, senses , or activities to
such a degree that the employee is unable to complete his essential job duties and is
considered temporarily or permanently disabled.
102720a HCBOC Page 60
Disciplinary Action : Any corrective measure taken by the County to improve or address
an employee's job performance, personal conduct, or other behavior that is
unsatisfactory or contrary to the mission and policies of Hamett County .
Dismissal: The act of Hamett County permanently removing an employee from service
because the employee's current job performance, personal conduct, or other behavior is
unsatisfactory or contrary to the mission and policies of Hamett County. This word shall
be considered as a synonym for an involuntarily resignation or a termination .
Employee :
A. Full-Time Employee:
1. Permanent: A person appointed to a particular position, designated as
full-time by the BOC, to perform duties and responsibilities required on a
continuous and probably annually recurring basis. Such an employee's
average work week will total 40 hours. Such an employee will have
completed a probationary period to the satisfaction of the Supervisor or
Department head and is entitled to all appeal rights and benefits afforded
to them under this policy proportionate with the number of hours worked.
2 . Limited Service: Any employee whose service is intended to be of limited
duration but who work a normal workweek, not to exceed 12 months or in
the case of a grant, the grant period. This definition excludes individuals
supplied under contract by an outside agency. Such an employee is
ineligible for any County benefits except holiday leave and retains no
appeal rights under this policy, but may have those employee benefits
mandated by federal or state law.
B. Part-Time Employee:
1. Permanent: Any employee who is appointed to a particular position for
which the average work schedule is less than 29 hours per week or not
more than 129 hours per month. Such an employee is ineligible for any
County benefits (including no health benefits nor holiday pay) and retains
no appeal rights under this policy, but may have those employee benefits
mandated by federal or state law.
2. Limited Service: Any employee who is appointed to a particular position
and whose service is intended to be of limited duration and who work less
than the normal workweek . Paid interns who are employed for a limited
duration fall under this category. Such an employee is ineligible for any
County benefits (including no health benefits nor holiday pay) and retains
no appeal rights under this policy, but may have those employee benefits
mandated by federal or state law.
C. Probationary Employee: A person appointed to a particular position, designated
as full-time by the BOC, to perform duties and responsibilities required on a
continuous and probably annually recurring basis who has not completed the
probationary period . Such employees do not have appeal rights .
Amended November 21 , 2016
102720a HCBOC Page 61
Essential Personnel: Employees who are required to work during adverse weather
because they have been designated by a Department Head or County Manager.
Essential Operations: Services that have been determined to be essential by the
County Manager and therefore, shall be continued during adverse weather.
Grievance: A specific, formal notice of a full-time permanent County employee's
dissatisfaction based upon an event or condition which affects the circumstances under
which an employee works expressed through the appropriate grievance procedures.
The particular dissatisfaction complained of should be reasonable to the average
person and may not be frivolous, but may include: (1) any acts of discrimination against
an employee because of age, sex, race, religion, color , national origin , visible or
nonvisible handicaps, or pregnancy; (2) any adverse action executed under the
Disciplinary Action Policy addressed in Article XI; (3) have been separated from
employment due to a reduction in force or disability addressed in Article VIII; or (4) any
unfair application, misinterpretation, or lack of established County policy.
Hiring Rate: The initial salary or hourly rate paid an employee when hired into the
county 's service. This is normally the first step in the employee's salary range .
Immediate Family: This term includes the following familial relationships : wife, husband ,
mother, father, brother, sister, daughter, son, grandmother, grandfather, grandson ,
granddaughter, aunts, and uncles. Included within this term are the step-, half-, in-law,
and in loco parentis relationships. Those individuals living within the same household
may also fall within the confines of this term .
In Loco Pa r entis : Federal law defines in loco parentis as including those with day-to-day
responsibilities to care for or financially support a child. Employees who have no
biological or legal relationships with a child may, nonetheless, stand in loco parentis to
the child and are entitled to some federal leave benefits, however, those employees
seeking to claim such federal leave benefits may be asked to prove their status.
Incomplete: A form, certification , or other important document to be delivered to the
County will be considered incomplete if one or more of the applicable entries on the
form, certification, or document have not been completed .
Insufficient: A form, certification , or other important document to be delivered to the
County will be considered insufficient if the information provided is vague, unclear, or
non-responsive. Failure to sign a form , certification, or document will also result in it
being considered insufficient.
Investigatory Suspension : The act of Harnett County temporarily removing an employee
from his or her service to the County with pay in order to provide the County with more
time to thoroughly investigate a situation or to provide more time for a Department Head
or the County Manager to reach a decision concerning an employee's status.
102720a HCBOC Page 62
Involuntary Demotion: The act of Harnett County reassigning an employee to a position
or classification having a lower salary range than the employee's current position or
classification because the employee's current job performance, personal conduct, or
other behavior is unsatisfactory or contrary to the mission and policies of Harnett
County.
Involuntary Resignation : The act of Hamett County forcing an employee to involuntarily
resign from his or her position due to the employee's current job performance, personal
conduct, or other behavior that is unsatisfactory or contrary to the mission and policies
of Harnett County. This word shall be considered as a synonym for a dismissal or
termination .
Irregular Work Schedule Employee: Any employee who, on a regular, rotating , or
intermittent basis, works an evening or night who maintains a work schedule beyond the
day shift or any employee who works a day shift whose work schedule is subject to
change on a regular, rotating , or intermittent basis.
Job Rate: The median salary or hourly rate an employee may receive when hired,
promoted , or receiving a raise.
Maximum Salary Rate: The maximum salary authorized for an employee within an
assigned salary grade by the Harnett County Pay Plan .
Maximum Hourly Rate : The maximum hourly rate authorized for an employee within an
assigned hourly grade by the Harnett County Pay Plan.
Mental/Physical Disability: A mental or physical impairment that substantially limits one
or more of the major life activities of an individual. Major life activities include, but are
not limited to , activities such as caring for oneself, performing manual tasks, seeing,
eating , standing , reaching , breathing , communicating, and interacting with others, as
well as major bodily functions , such as brain function, immune system, or normal cell
growth. Conditions that are episodic or remission are considered disabilities if the
condition would substantially limit a major life activity when active.
Next of Kin : The nearest blood relative in the following order of priority: (1) a blood
relative who has been designated in writing by the person in question as their next of
kin , (2) blood relative who has been granted legal custody of the person in question, (3)
brothers and sisters, (4) grandparents, (5) aunts and uncles, (6) first cousins . If a person
has been designated in writing as the person's next of kin, they are to be considered
that person 's only next of kin. However, if there are multiple family members with the
same level of relationship to the person, all such family members are considered to be
the person 's next of kin.
Non-Essential Personnel : Employees who may be approved for administrative leave
during adverse weather because their positions have been designated as such by their
Department Head or the County Manager.
102720a HCBOC Page 63
Non-Essential Operations: Services that have been determined non-essential by the
County Manager and therefore may be suspended during adverse weather.
Outside Employment: Outside employment is considered any and all employment or
self-employment for salaries, wages, tips, or commissions other than the position
currently held by the employee with Harnett County.
Parent: A biological , adoptive, step, or foster father or mother, or any other individual
who stood in loco parentis to the employee when the employee was a child . This term
does not include parents in -law.
Pay Plan : A schedule of pay ranges arranged by minimum, job rate , and maximum
salary rates for each class assigned to the salary range.
Performance Review: An annual review in which an employee's overall job performance
is evaluated. This is designed to enhance communications between employees and
supervisors and to facilitate employee growth.
Position: The employees appointed classification which describes the duties and
responsibilities to be fulfilled by that employee.
Probationary Period : A continuous period of 6 months (12 months for law enforcement)
where an employee is evaluated on job performance. Any employee serving a
probati onary period may be dismissed at any time without a right to appeal.
Promotion : The rea s signment of an employee to an existing position or classification
that ha s a higher salary range than the position or classification from which the
reassignment is made.
Reclassification : The reassignment of an existing position from one clas s to another
based on c hanges in the nature of the position , level of .duties and responsibilit ies.
business needs, working conditions. shifts in organizational structure . or other
operational factors .
Reduction in Force: A separation from employment with the County due to lack of fund s,
lack of work, or redesign or elimination of position(s), with no likelihood or expectation
that the employee will be recalled to County service.
Regular Work Schedule Employee: Any employee who typically works a set schedule
whi ch consists of an average of 40 hours a week or 2080 hours per year.
Reinstatement: The act of the County re-establishing a separated employee who
voluntarily resigned or was separated due to a reduction in force to his or h er position .
--Deleted: the j ob duties a nd content
Deleted:
102720a HCBOC Page 64
Retirement: The act of an employee voluntarily resigning from his or her position with
the County and drawing his or her retirement benefits from the County, LGERS, the
supplemental retirement income plan, or Social Security.
Salary Grading System: A grading system used by the County to organize all positions
into manageable grades. All positions in any single grade are sufficiently comparable to
warrant one range of pay rates.
Salary Plan Revision: The uniform raising or lowering of the salary ranges of every
grade within the salary range.
Salary Range: The minimum, job rate, and maximum salary levels for a given salary
grade for hiring purposes.
Salary Range Revision: The raising and lowering of the salary range for one or more
specific classes of positions within the Harnett County Pay Plan.
School: Any public school , private church school, church or religious charter school, or
nonpublic school that regularly provides a course of grade school instruction. School
may also include any preschool or child care facility .
Serious Health Condition: Any medical condition which requires inpatient care at a
hospital , hospice, or residential medical care facility, or any medical condition which
requires continuing care by a licensed health care provider. This policy shall cover any
illness of a serious and long-term nature resulting in recurring or lengthy absences.
Any chronic or long term health condition resulting in a period of incapacity longer
than three (3) days is to be considered a serious health condition.
Son: A biological , adopted, or foster child, a stepchild, a legal ward, or a child of a
person standing in loco parentis, who is either under age 18, or age 18 or older and
incapable of self-care because a mental or physical disability. The onset of a disability
may occur at any age for purposes of this policy.
Special Salary Adjustment: An increase in salary within the range based on department
head recommendation.
Spouse : A husband or wife as defined and recognized under North Carolina law for the
purposes of marriage in this state, including common law marriage .
Suspension: The act of Harnett County temporarily removing an employee from his or
her service to the County with or without pay because of the employee's current job
performance, personal conduct, or other behavior that is unsatisfactory or contrary to
the mission and policies of Harnett County.
Termination: The act of Harnett County terminating an employee due to the employee's
current job performance, personal conduct, or other behavior that is unsatisfactory or
102720a HCBOC Page 65
contrary to the mission and policies of Harnett County. This word shall be considered as
a synonym for an involuntarily resignation or a dismissal.
Transfer: The reassignment of an employee from one position or department to another
position or department.
Voluntary Demotion: The act of an employee voluntarily, without any undue force,
pressure, or outside influence, stepping down to accept a County position with less
complex job duties and responsibilities.
Voluntary Resignation : The act of an employee voluntarily, without any undue force ,
pressure, or outside influence, permanently stepping down from his or her current
position with the County. This word shall be considered as a synonym for the act of an
employee quitting his or her position.
ARTICLE II. SALARY GRADING SYSTEM
Section 1. Adoption
The Salary Grading System, as set forth in this policy, is hereby adopted for Harnett
County and is provided for employee reference at www.harnett.org.
Section 2. Allocatio n of Positions
The County Manager shall allocate each position covered by the Salary Grading
System to its appropriate grade in the plan.
Sect ion 3. Administration of the Salary Grading Sys t em
The County Manager is responsible for the administration, execution, and maintenance
of the Salary Grading Plan so that it will accurately reflect the duties and responsibilities
of employees in the grade to which their positions are allocated.
Supervisors and/or Department Heads are responsible for bringing to the attention of
the County Manager (1) the need for new positions and (2) material changes in the
nature of a position • .,duties and r es~onsibilitj_es, business needs, working conditions ,
shifts in organizational structure. or other operational factors affecting the grading of any
existing positions.
New positions are only to be established with the approval of the BOC after which the
County Manager shall either (1) allocate the new position to the appropriate grade
within the existing Salary Grading System, or (2) recommend that the BOC amend the
Salary Grading System to establish a new grade for the new position.
Deleted: nature of
Deleted:,
I ~--_ -__ -_-j
102720a HCBOC Page 66
When the County Manager finds that a material change has occurred in the nature of
the position. level of the job duties and respons ib il ities, business needs. working
conditions, shifts in organizational structure, or other operational factors, )he County
Manager shall (1) direct that the existing grade specification be revised , (2)Jeclass1fy
the position to a higher or lower grade within the existing Salary Grading System that is
appropriate for the position. p r @) recommend that the BOC amend the Salary Grading
System to establish a new grade for the position .
Section 4. Amendment of the Salary Grading System
New grades may be added to and/or deleted from the Salary Grading System by the
BOC based on the recommendation of the County Manager.
ARTICLE Ill. THE PAY PLAN
Section 1. Adoption
The schedule of salary ranges and grades assigned to those salary ranges , as set forth
in this policy, is hereby adopted as the Harnett County Pay Plan.
Section 2. Purpos e of the Pay Plan
The Harnett County Pay Plan is intended to provide equitable compensation for all
positions by reflecting apparent differences in duties and responsibilities , the rates of
pay for comparable positions in the private and public sector, changes in the cost of
living, the financial conditions of the County, and any other appropriate factors.
Section 3. Maintenance of the Pay Plan
The County Manager is responsible for the administration, execution, and maintenance
of the Pay Plan.
The County Manager shall, from time to time, make comparative studies of all factors
affecting the level of salary ranges and shall recommend to the BOC such changes in
salary ranges as appear to be warranted.
Section 4. Use of Salary Ra nges
The minimum rate established for the grade is the normal hiring rate , except in those
cases where unusual circumstances warrant appointment at a higher rate.
Deleted: substantial
Deleted: natu re or level of duties and responsibilrties
of an existing posrtion ,
Deleted: reallocate
i"oeleted: the approp-n-.a-te-g-ra_d_e -w-ith-in-t-he_e_x-ist-in-g-----<
Salary Grading System,
102720a HCBOC Page 67
Appointment above the minimum step may be made on the recommendation of the
Supervisor or Department Head with the approval of the County Manager when deemed
necessary. Such appointments will be based on factors, including , but not limited to , a
shortage of qualified applicants and/or the applicants above average qualifications,
education, and training .
Se cti on 5. Payment at a Lis ted Rat e
All employees covered by this Pay Plan shall be paid at a listed rate within the salary
ranges established for the grade in which their respective position falls. Employees
whose present salary or hourly wage is above the established maximum rate following
transition to the new Pay Plan are exempt. No employee may receive a salary increase
above the maximum for their assigned salary grade.
Sec t io n 6. The Performance Pay Plan
Harnett County seeks to provide the best service possible to the county's residents. A
highly skilled and competent workforce is an essential aspect of providing high quality,
efficient customer-driven service in an organization . Equitable compensation is
necessary to attract and retain such a workforce.
The Performance Pay Plan described in this section is intended to provide Harnett
County employees with a path for advancement through their assigned salary grade
over the course of their career with the County based on their performance reviews. The
Performance Pay Plan is intended to serve as a tool that will allow the County to hire
and retain well-qualified employees and provide equitable compensation to employees
throughout their careers provided they receive satisfactory performance reviews.
Full-time and eligible part-time employees will be eligible to earn a percentage salary
increase each year based on their annual performance review . An employee who
receives an overall score on their annual performance review of "Meets Expectations" or
above will receive the designated increase for that year while an employee who
receives a score lower than "Meets Expectations" will not receive the increase for that
year.
Any earned increase related to the Performance Pay Plan will be effective at the start of
the pay period immediately following the employee 's anniversary date with the County.
If an employee's anniversary date falls on the first day of a new pay period , they will
receive an earned increase beginning with that pay period . If an employee who has
been terminated from the County for any reason is rehired by the County , their most
recent date of hire will be used to establish their anniversary date related to this
Performance Pay Plan . Additionally , if an employee changes from full-time to part-time,
or part-time to full-time status, the date of the change in employment status will be used
to establish their anniversary date.
102720a HCBOC Page 68
The County Manager will set the amount or range of the annual increase each year as
part of the budget process. The adopted increase amount or range will be effective from
July 1 to June 30 of the following year, coinciding with the County's fiscal year. The
percent of the annual increase may vary from year to year based on projected revenue
and expenditures.
The County Manager shall establish appropriate systems and guidelines for
implementation, maintenance , and responsible administration of the above Performance
Pay Plan. Any situation that arises related to the above Performance Pay Plan and is
not covered by this ordinance will be left to the discretion of the County Manager.
Performance Pay Plan Eligibility: Any full-time employee who is hired or promoted, or
who reaches "job rate" on July 1, 2017 , or thereafter will fall under the above
Performance Pay Plan and will not be eligible for the 3/5 Pay Plan described in Section
6 .1. Full-time employees who have not yet reached "job rate" as defined by Section 6.1
will remain eligible for the 3/5 plan described under Section 6 .1 until they reach "job
rate ," at which time they will enter into the above Pay Plan. Employees are not eligible
for the above Performance Pay Plan while still in the 3/5 Pay Plan.
Part-time employees are eligible for the Performance Pay Plan effective July 1 , 2020,
based on their annual performance reviews. To be eligible for the Performance Pay
Plan, part-time employees must maintain uninterrupted employment with the County for
consecutive years. Election workers , interns, and any other part-time employee who
must be rehired each year are not eligible for the Performance Pay Plan.
Additional Eligibility Guidelines:
• Employees in Work Against status will not be eligible for the above Performance
Pay Plan until they complete work against status or meet all of the qualifications
for the position. Sworn Law Enforcement Officers will not be eligible for the above
Performance Pay Plan until they complete the Tier system.
• To receive an earned increase, an employee must work at least 6 months during
an annual evaluation period in order to be effectively evaluated by their
supervisor.
• An employee who is promoted during an evaluation period must have been in the
new position for at least 6 months on their anniversary date to receive an earned
performance increase based on their salary following the promotion. Promoted
employees who have been in the new position for less than 6 months on their
anniversary date are eligible for an earned increase based on their salary prior to
the promotion.
• An employee who is demoted during an evaluation period , whether voluntarily or
involuntarily, who qualifies for a performance increase upon their next
anniversary date based on their performance evaluation, will receive an increase
based on their salary following the demotion.
If the County Manager determines that an employee was at a point in the 3/5 Pay Plan
as of July 1, 2017, where the employee would have earned more by entering the
Performance Pay Plan when it was incepted , the County Manager may, upon the
102720a HCBOC Page 69
availability of funding, adjust the employee's pay to the salary they would have earned if
they had entered the Performance Pay Plan on July 1, 2017. The adjusted salary will be
in effect upon approval by the County Manager, however the affected employee will not
receive retroactive salary increases for earned increases they did not receive.
6.1 The 3/5 Pay Plan
Any employee who is hired or promoted, or who reaches "job rate" on July 1, 2017, or
thereafter is no longer eligible for the 3/5 Pay Plan.
The purpose of the 3/5 plan is to give County employees a way in which to gain and
look forward to pre-determined pay increases after they have been in service to the
County for 3 and 5 years.
Three Year Pay Increase: When an employee has been in the service of the County for
a total of 3 years, taking into account demotions, promotions, transfers,
reclassifications, or any other type of separation from service , the salary of the
employee is to be increased to the half-way amount between his or her current salary
grade and the job rate of the employee's current salary grade.
Five Year Pay Increase: When an employee has been in the service of the County for a
total of 5 years, taking into account demotions, promotions, transfers , or any other type
of separation from service, the salary of the employee is to be increased to the job rate
of the current grade of the employee's current salary grade.
Sectio n 7. Work Against Status
A newly hired or promoted employee who does not meet all the established
requirements of their new position , may be compensated for their services at a pay rate
below the minimum pay rate established for that position in the Pay Plan.
An employee will be considered to be in a work against status and continue at this pay
rate until the Supervisor or Department Head certifies , and the County Manager
approves, that the employee is qualified to assume the full duties and responsibilities of
their new position.
The Supervisor or Department Head shall review the progress of each employee in
work against status every six (6) months or more frequently as necessary to determine
when the employee is qualified to assume the full responsibilities of the new position.
Section 8. Promotions, Demotions, Tra n sf ers, Reclassificatio n s. & Revisions
At the beginning of the fiscal year, any promotions, salary adjustments,
reclassifications , or revisions will be applied before any cost of living adjustments.
102720a HCBOC Page 70
When an employee is promoted, demoted, transferred, or reclassified, the rate of pay
for the new position shall be established in accordance with the following rules:
Promotion: Any employee who receives a promotion will receive a minimum of a 5%
increase but not to exceed 10% (between 6% and 10% the department head must
provide written justification unless that percentage is the beginning of the new grade) or
the beginning of the new grade, whichever is higher. Movement within the same salary
grade is considered lateral and there will not be a salary change.
Interim Promotion: Any employee who is promoted to an interim position in a higher pay
grade will receive a pay increase of 5% or the beginning of the interim position pay
grade , whichever is greater while performing the interim duties; however, if the position
is a Department Head position or higher, he or she shall receive a 10% pay increase
while performing the interim duties or the beginning position grade whichever is higher.
An interim assignment shall not exceed six months. At the conclusion, if the employee
returns to his or her former position they will return to his or her former salary before the
interim assignment.
Demotion: An employee who is voluntarily or involuntarily demoted shall have his or her
salary or hourly wage left the same, reduced five percent (5%) or reduced to anywhere
in the lower grade pay range, depending on the circumstances of the demotion and
Department Head recommendation.
Transfers : An employee who transfers from a position in one grade to a position in
another grade assigned to the same pay range shall continue to receive the same
salary or hourly wage.
Reclassifications/Revisions:
A. Any employee who is currently at the minimum pay rate of their current position
and the position is then reclassified to a grade having a higher salary or hourly
pay range, that employee shall receive a five percent (5%) pay increase or an
increase to the minimum pay rate of the new pay range , whichever is higher.
B. Any employee who is currently above the minimum pay rate of their current
position and the position is then reclassified to a grade having a higher salary or
hourly pay range, that employee's salary or hourly wage shall be appropriately
adjusted to the same point in the new pay range .
C. If a position is reclassified to a grade having a lower salary or hourly pay range
than that positions current grade, any employee's salary or hourly wage that is
above the maximum rate of the newly established pay range shall remain the
same.
Section 9. Cost of Living Adjustm ents
If the BOC approve a Cost of Living Adjustment, the increase will be effective July 1 of
each year. The amount of this adjustment, if any, may vary from year to year.
f Deleted: In the event a reclassification results in th e I downgrade of a posttion, the County Manager has the
authority to reclassify that position without the Board of
Commissione(s approval.11
Revised 06/1 9/1711
102720a HCBOC Page 71
When a Cost of Living Adjustment is approved, regular employees will receive a $500
minimum increase to their annual pay.
Secti o n 10. Sp ecial Ra ises
A special raise may be given to an employee upon written recommendation of the
County Manager and approval by the BOC for very unusual circumstance in which an
employee does exceptional work and/or additional money is needed to retain the
employee.
Sect ion 11. Overtime / Compensatory Time
Definition: Overtime work or work that will result in the accumulation of compensatory
time shall be considered (1) any hours worked greater than 40 hours in a normal work
week, or (2) work performed by any County employee at the direction, instruction, or
knowledge of a Supervisor, Department Head, or authorized managerial representative,
which exceeds the normal work week or work period of the employee.
Planning to avoid overtime: It is the policy of Harnett County that overtime or the
accumulation of compensatory time be avoided at all times. Therefore , Supervisors or
Department Heads should arrange their employee work schedules so as to avoid
overtime by accomplishing the required work within the hours of a normal workweek .
Authorization: All overtime must be duly authorized by a Supervisor or Department
Head before payment for such services are rendered.
Exempt Employees : Exempt employees, as defined by the Fair Labor Standards Act
("FLSA"), are (1) provided a salary for the completion of their occupational duties and
responsibilities that does not change from pay period to pay period based on variations
in quality or quantity of work, (2) earn at or above the minimum wage established by
FLSA, and (3) are designated employees in executive, administrative, or professional
positions, within the meaning of those terms as set forth in the United States
Department of Labor Regulations. Such employees are exempt from earning any
overtime pay in accordance with the FLSA, but, if required to work overtime, shall
receive compensatory time off at a rate of one ( 1) hour for each hour of overtime
worked .
A . Such employees will be paid at their regular pay rate for all overtime hours or
accrued compensatory time in excess of 80 hours.
B. In the event that a salaried employee is terminated , they shall be paid for
accrued compensatory time up to eighty (80) hours at the regular rate .
C. In special circumstances , the BOC reserves the right to compensate salaried
employees for any overtime worked with monies earned.
Non-exempt employees: Designated employees in other areas of employment for the
County are entitled to overtime pay in accordance with the FLSA. Two types of non-
102720a HCBOC Page 72
exempt employees exist: (1) regular work schedule employees and (2) irregular work
schedule employees.
A. Regular work schedule employees , required to work overtime, shall receive
compensatory time off. The compensatory time shall be computed at one and
one-half (1 and Y:.) hours for each hour of overtime worked.
1. Regular work schedule employees who accrue compensatory time in
excess of 80 hours shall be paid overtime pay.
B. Irregular work schedule employees, shall not accrue compensatory time off
because the granting of such time would unduly disrupt the work schedules of
such positions.
1. Such employees shall be paid overtime pay at one and one-half (1 and Y:.)
times their regular pay rate for each hour worked in excess of their
designated work schedule.
2 . The County Manager shall designate those class of employees entitled to
overtime pay in lieu of compensatory time.
Law Enforcement Officers : Sworn law enforcement officers shall only receive overtime
pay at the rate of one and one-half (1 and Y:.) times their regular rate of pay for any
hours worked over the first 171 hours worked in a 28-day cycle.
Use: In accordance with County policy and the Harnett County Finance Office
Departmental Guidelines, compensatory time must always be exhausted prior to
expending vacation time.
Termination: Any employee who has accrued compensatory time off, upon complete
termination , shall be paid for all unused compensatory time at the final regular rate
received for that employee.
Sectio n 12. Time Sheets
Any time sheets required by County policy shall accurately reflect the hours worked by
employees . However, work schedules can be adjusted in some circumstances to
provide the flexibility needed to address situations that require employees to work more
than their regular work week without significant additional costs .
In order to adhere to Article Ill, Section 12.of the Harnett County Personnel Ordinance,
"Planning to avoid overtime," employees should adjust their time sheets within the work
week to avoid overtime or the accumulation of compensatory time whenever possible.
Even though an employee may work more than their regular schedule in a given
workday, their work schedule shall be adjusted so that they do not work more than their
regular schedule in a given work week, thereby avoiding overtime or the accumulation
of compensatory time.
There may be situations in which an employee must physically work more than their
regular work week and overtime or the accumulation of compensatory time is
(oeleted: 1
102720a HCBOC Page 73
unavoidable, however whenever possible, overtime or the accumulation of
compensatory time should be avoided . Adjustments of time within the same work week
should be the first recourse of supervisors , who are charged with managing and
controlling overtime or the accumulation of compensatory time.
Time sheets shall be approved and certified by the employee and Supervisor prior to
submission to Payroll. Approving the timesheet is an indication the supervisor agrees
with the time as recorded by the employee and is an authorization to pay the employee
according to recorded time.
Sectio n 13. Other Forms ofTime
Unauthorized Work: Hours worked by an employee without permission from the
Supervisor, Department Head, or authorized managerial representative shall not be
considered time worked. Employees who are guilty of unauthorized work are subject to
disciplinary action as addressed in Article IX.
Travel time: County employees shall be credited for all time spent travelling while in
furtherance of their service to the County, not including travel to and from work.
Section 14. Call Back Pay
Any eligible County employee, who has been called back to work outside of normal
operating hours for the County, is guaranteed a minimum of two hours paid for their
services.
To receive such pay an employee must physically leave his or her home and physically
return to work for the County.
Section 15. Payroll Ded u ctio ns
Those payroll deductions mandated or authorized by Federal, State, or County law shall
be deducted from an employee's pay without his or her permission .
Other payroll deductions may be made at the request and authorization of the
employee, but such deductions are subject to the approval of the Harnett County
Finance Officer.
Section 16. Longevity Pay
All County employees hired on or after July 1st, 2015, or those employees who leave the
employment of the County and return to work with the County on or after July 1st, 2015,
shall not be eligible to receive longevity pay.
102720a HCBOC Page 74
Full-time County employees of record as of June 30th, 2015 shall continue to be eligible
to receive longevity pay as defined below until such time as their employment with the
County is terminated.
Time of Service: Employees with five (5) years of consecutive Harnett County Service
by November 15 of each calendar year are eligible for longevity pay. .
Payment of Longevity: The amount of longevity an employee receives shall be based on
the employee's salary as of November 15 of each calendar year and paid annually in a
lump sum the first week in December of the same year. This amount shall increase
depending on the employee's years of services as outlined in the chart below. A
longevity payment, however, shall not be made part of the employee's base salary.
Time of Service Percentage of Annual Salarv
5 Years -9 Years 1.00%
10 Years -14 Years 1.50%
15 Years -19 Years 2.25%
20 Years -24 Years 3.25%
25 Years and uo 4.50%
Section 17. Overpayment, Underpayment. o r Lack of Compensation
Harnett County Human Resources and Payroll Departments should make every effort to
ensure that employees are paid correctly and that authorized payroll deductions are
deducted properly. If an error occurs in the payment process it is the responsibility of
the Human Resources and Payroll Departments to discuss the error with the effected
employee and determine the amount to be corrected by the County or the employee.
All County employees are responsible for examining each of their paychecks or direct
deposit stubs to ensure that proper payment and deductions have been made. If any
employee believes an improper payment or deduction has been made, he or she should
immediately contact his or her Supervisor or Department Head, along with the Hamett
County Human Resources and Payroll Departments, and inform them of the situation .
The County, in all cases mentioned below, reserves the right to pursue collection of
remaining overpayments through court proceedings if recovery efforts fail.
If a mistake of some sort is made in the payment or compensation of County employees
the following instructions should be followed depending on the situation:
Overpayment: In any case of overpayment, regardless of fault , County employees are
expected to promptly repay the County the full amount of the overpayment.
A. For purposes of this policy, overpayments may include wage and salary
payments, voluntary and involuntary payroll deductions, or other authorized
payments or deductions.
{ Deleted: Amended January 20161) -1
i Deleted: Amended January 20161) --=1
102720a HCBOC Page 75
B. If an overpayment occurs, the Human Resources Department is to determine
whether the error is nominal or significant.
1. Nominal Overpayment: Any erroneous overpayment that is one hundred
dollars ($100.00) or less. Such an amount may be deducted from the
employees next payroll check to remedy the error.
2 . Significant Overpayment: Any erroneous overpayment that is greater than
one hundred dollars ($100.00). Such an amount may only be repaid
through a written repayment plan pursuant to a signed Repayment
Agreement drafted by the County attorney.
C. Any repayment deductions are not to be greater than 15% of the gross wages
earned in that current pay period and shall not reduce the gross wages paid to a
rate less than the minimum wage as defined by law.
D . All repayment deductions are to be made after the County has made all
permitted or required deductions from an employee's payroll check .
E. If an employee under a Repayment Agreement enters into an unpaid status , a
notice letter will be sent to collect the remaining payments or to setup a new
repayment plan. If the employee fails to respond, a second notice letter will be
sent to inform the employee that he or she has two (2) weeks to remit payment to
avoid the collection of monies owed through court proceedings.
F. Termination
1 . If an employee under a Repayment Agreement voluntarily leaves their
position or is terminated before repayment is made in full, the remaining
amount owed to the County by the employee may be deducted from any
amounts owed to the employee by the County.
2. If a terminated employee is overpaid , the Human Resources Department
shall notify the former employee in writing : (1) that an overpayment has
occurred, (2) the total amount owed by the employee to the County, and
(3) that payment is to be received within 30 days unless a Repayment
Agreement is put in place. If payment is not received within 30 days or the
Repayment Agreement is not followed, a notice letter will be sent to inform
the employee that he or she has two (2) weeks to remit payment to avoid
the collection of monies owed through court proceedings.
Underpayment/Lack of Compensation: If an employee was underpaid or not paid at all ,
the Supervisor, Department Head, or County Ma nager may request that a special check
be issued ; otherwise the employee shall receive payment on their next check .
Work Week : For the Purposes of this Ordinance, Harnett County considers the work
week to be from Sunday through the following Saturday.
Sec t ion 18. Emergency Ope rations Compe nsa ti on
In the event of a major emergency or natural or man-made disaster, Harnett County
seeks t o provide shelter and comfort to those adversely affected by creating and
following a detailed Emergency Response Plan .
102720a HCBOC Page 76
In accordance with the County's Emergency Response Plan , and the instructions of the
Emergency Operations Center Director, Harnett County employees may be required to
carry out specific emergency response tasks to ensure the safety and continued
prosperity of the County. These tasks may be carried out at the Emergency Operations
Center or at the other sites necessary for emergency response. Such employees, who
work under the direction of the Emergency Operation Center Director during such an
emergency or natural or man-made disaster, will be compensated according to this
policy.
County Offices Remain Open: If the emergency or natural disaster requires the
activation of the Emergency Operations Center and County offices are open as
regularly scheduled, employees required to work under the direction of the Emergency
Operations Center Director will be compensated as described below:
A. Nonexempt employees, as defined above in Article Ill, Section 12 and in the
FLSA, will be paid one and one-half (1 and %) times their regular rate of pay for
actual hours worked beyond the employee's regular 40-hour work week
schedule, except as described below.
a. For employees who have a regular work week other that 40 hours, they will
be paid one and half (1 and %) times their regular rate of pay for actual hours
worked beyond their regular work week .
B . Exempt employees , as defined above in Article 111, Section 16.and in the FLSA,
will be paid one (1) time their regular rate of pay for actual hours worked beyond
the employee's regular 40-hour work week schedule , except as described below.
a. For employees who have a regular work week other than 40 hours, they will
be paid one (1) time their regular rate of pay for actual hours worked beyond
their regular work week.
County Offices Are Closed : If the emergency or natural disaster requires the activation
of the Emergency Operations Center and County offices are closed, employees
required to work under the direction of the Emergency Operations Center Director will
be compensated as described below:
A. Nonexempt employees, as defined above in Article Ill, Section 16.and in the
FLSA, will be paid one and one-half (1 and %) times their regular rate of pay for
actual hours worked beyond the employee's regular 40-hour work week
schedule, except as described below. This compensation will be in addition to
any other compensation to which the employee is entitled
a . For employees who have a regular work week other than 40 hours, they will
be paid one and a half (1 and %) times their regular rate of pay for actual
hours worked beyond their regular work week.
B. Exempt employees, as defined above in Article 111 , Section 16,and in the FLSA,
will be paid one (1) time their regular rate of pay for actual hours worked beyond
the employee's regular 40-hour work week schedule, except as described below.
a. For employees who have a regular work week other than 40 hours, they will
be paid one (1) time their regular rate of pay for actual hours worked beyond
their regular work week.
1 Deleted: 1
Deleted: 1
~eted:1
102720a HCBOC Page 77
C. In the event a holiday occurs within this period , both nonexempt and exempt
employees, as defined above in Article Ill, Section 12 and in the FLSA, will be
paid one and one-half (1 and Y:i) times their regular rate of pay for each hour
worked that day in addition to the normal holiday pay.
D . For full-time employees who work on rotating shifts, with the regular shift falling
on the holiday, these employees will be compensated in accordance with Article
VI. Section 2 on this ordinance , and will not receive pay at one and one-half
times their regular rate for their regular shift.
E. When the County Manager provides Administrative Leave as a result of County
offices being closed , employees required to work under the direction of the
Emergency Operations Center Director will receive Administrative Leave in
addition to any compensation they earn during the event. For nonexempt
employees, as defined above in Article Ill, Section 12 and in the FLSA, any
Administrative Leave will not count towards the time needed to earn one and
one-half (1 and Y:i_ times their regular rate of pay.
For the purpose of payroll, event timesheets should cover only the period during which
the County's Emergency Operations Center is activated .
Employees required to work under the direction of the Emergency Operations Center
Director will not be compensated for the time required to report to the Emergency
Operations Center or their designated location if elsewhere .
In the event employees are required to work long and continuous hours, the County
Manager may grant time off with pay/administrative leave for rest and recuperation to
ensure safe working conditions .
In order to ensure the safety of the County's personnel , citizens, and continued
operations of emergency response tasks, employees required to work under the
direction of the Emergency Operations Center Director will be required to take a break
of at least eight hours within a 24-hours period .
102720a HCBOC Page 78
Discussion regarding the County's approval of a Guaranteed Energy Savings Contract
Harnett County Schools, with the assistance of Esco, has identified potential energy
conservation opportunities in various school facilities. The approximate cost of this contract is
$20,186,815. The approval of a Guaranteed Energy Savings Contract will allow the schools the
ability to implement and "purchase" these facility improvements. In short, the schools will
enter into a contract for the conservation measures to be implemented and also a financing
arrangement (normally through installment finance agreements) will be executed; the savings
realized over time from the improvements will then be used to pay the installment debt.
The County Board of Commissioners has a responsibility to fund its local school and a few other
statutory duties include the approval of certain school board contracts which include:
• Continuing Contracts for Capital Outlay
• Installment Finance Contracts -subject to term and amount
• Guaranteed Energy Savings Contracts
• Operational Leases -subject to term
As part of the County's approval of a Guaranteed Energy Savings Contract, the county board
must certify to the NC State Treasurer that the payments under a guaranteed energy savings
contract are not expected to require any additional appropriations to the school based on a
reduction in energy cost in a manner that would inhibit the ability of the local school board to
make payments under the contract.
Guaranteed Energy Savings Contracts
G.S. 11 5C-47(28a) authorizes local school hoard~ to use guaranteed energy ~avings contracts to purchase an energy
consrrvation measure -~uch as a facili ty alteration or pe rsonnel training relat ed to a facility's ope ratio n-that reduces
energy cun~umpt ion or operati ng co~b. These contracts for the t'\'aluation, recommenda tion, or implcmentatmn of
energy conserva tion rnca~ures in school facilities are paid for over tim e, and ener~y savings are guaranteed lo exct-cd
costs. Local boards of education may fina nce energy conserva ti on measures by using installment finance agrecml·nts
u nder G.S . 160A-20. Such agreement~ are subjC<'t to county Jpproval. A count)' board mu st ccrtif y to the North Caro·
Lina Department of State Treasu rer that the payments undrr a gua rantcl'CI energy savings contract arc not expected
to req u ire .my additional appropria t ions to the loca l school hoard or ca use an increase in tax~.;: A coun ty hoard also
must indicate that it does not in tend to reduce appropriations to the local ~chool unit based un a reduction in energy
costs in a manner that would inhibit the abili ty of the loca l school boa rd to make paymen ts under the contract. A
county, however, i~ not legally oblig.ited to approp riate funds to cover contract amounts due or to make payments
dirccth• under the contract.
102720a HCBOC Page 79
Paula Stewart
To: Kimberly A. Honeycutt
Subject: RE: Harnett County PC Documents
From: Tim Romocki <Tim .Romocki@nctreasurer.com >
Sent: Tuesday, October 20, 2020 12:06 PM
To: Jonathan Locklear <jonathanlocklear@lland j.com >; Alysa Watkins <a lysa .watkins@se .com >; Steve Matthews
<smatthews@harnett.k12.nc.us >; Kimberly A. Honeycutt <khoneycutt@harnett.org>; wmatthews@harnett.kl2 .nc .us
Cc: Jennifer Wimmer <Jennifer.Wimmer@nctreasurer.com >; Sharon Edmundson
<Sharon.Edmundson@nctreasurer.com >; Sam Watts <Sam.Watts@nctreasurer.com >; Greg Gaskins
<Greg.Gask ins@nctreasu rer.com >; Biff McGilvray <Biff.McGi lvray@nctreasurer.com >
Subject: RE: Harnett County PC Documents
CAUTION : This email originated from outside of the organization . Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Jonathan,
Thank you and Alysa for your proactive participation in this process. It was impressed on the people at DENR sometime
ago that the Staff of the LGC needs to be in agreement with specifics of a GESC prior to starting any design, engineering,
audit or procurement activities and that we need to be in agreement prior to any of those activities happening in a
manner that is binding on the BOE. This is a transaction done by the BOE with the concurrence of the BOCC . This is a
BOE -specific transaction with the LGC. Therefore we need to hear from the BOE -not the vendor or anyone else in the
mix of the transaction unless we request to hear. I urge the BOE to make sure it understands the requirements of
preaudit prior to deciding to prosecute an expensive project or its preliminaries, if the Staff of the LGC is not yet in
agreement as to approval of the required financing.
As noted above, concurrence of the BOCC will be needed. We have initiated a discussion with the County via their
finance officer concerning the BO E's proposal. We understand that the BOCC may receive a briefing on the subject as
early as next week, and we will be awaiting feedback and determine next steps. You will hear from us when we are able
to respond but, meanwhile, we ask the BOE to forebear until that time.
Visi t the LGC Staff Blog to s tay up to date on deadlines, news, and announcements.
Timothy Romocki
Director, Debt Management
State and Loca l Government
Finance Di vis ion
Office: (919) 814 4 273
NORTH CAROLINA
mrARTMFN r Of \lAll TRfA~lJRER
3200 Atlantic Avenue, Ra leigh, NC 27604
www.NCTreasurer.com
.,, 11 a
~A(f.7~:::,4
DAU R I O l Wlll. C PA
102720a HCBOC Page 80
BYLAWS
HARNETT COUNTY COMMISSION
FOR WOMEN AND YOUTH
ARTICLE I-NAME
This orgµnization shall be known as the Hamett County Commission for Women and Youth and hereafter is
referred to as HCCWY.
Section 1.
Section 2.
Section 3 .
Section 4.
Sections.
Section 6.
Section 1.
Section 2.
Section 3 .
Section 4.
ARTICLE 11-0BJECTNES
To educate and advocate on behalf of Hamett County women and youth.
To acknowledge and honor women and youth and their role as vital contributors to
Hamett County.
To identify and assess the needs of Hamett County women and youth.
To cooperate with groups and individuals involved in activities on the
status of women and youth.
To provide information to the Hamett County Board of Commissioners on
the needs and the issues important to Hamett County women and youth.
To seek support from the Hamett County Board of Commissioners for
program funding and the passage ofl aws relating to the needs of women and youth in
the County.
ARTICLE ill-MEMBERSIDP
The HCCWY will consist of no more than 15 citizens appointed by the Hamett County
Board of Commissioners.
a One member shall be appointed from each of the ft ve Commissioners'
districts. These five members shall be appointed for three-year terms.
b. Upto ten manbeis shall be~ furn HamettCounty''at-large.'' These members
shall likewise be appointed for three-year terms.
Members shal l be residents of or work in Han1ett Cowity.
Each member shall actively support the work of the HCCWY and serve on at
least one committee.
All members of the HCCWY shall abide by the provisions of the Hamett
1 102720a HCBOC Page 81
Section 5.
Section 6.
tn
less
Section 7.
Section 1.
Section 2.
Section 3.
Section 4.
Section 5.
Section 6.
County Ethics Policy.
Any member wishing to resign from the HCCWY shall do so by submitting
a letter to the Harnett County Board of Commissioners. The resigning member
shall supply a copy of the resignation letter to the HCCWY Chair.
If a member does not attend in any calendar year at least 75°,o of the scheduled
meetings of HCCWY , she may be asked to resign by the Harnett County Board
of Commissioners Failure to attend at least 75% of such scheduled meetings
any calendar year shall constitute cause for removal by the Board if the
individual refuses to resign. Such absences shall also be a consideration by the
Harnett County Board of Commissioners in whether an individual may be re-
appointed to a position . The chair of HCCWY shall make regular reports (no
often than every six months) to the clerk of the Harnett County Board of
Commissioners of membership attendance.
A member shall notify the Chair or another member prior to the monthly H CCWY
meeting or no later than three days following the meeting of the reason for any
absence.
ARTICLE IV-OFFICERS
The officers shall be Chair, Vice Chair, and Secretary!
Members who have served on the HCCWY for at least one year shall be eligible for
nomination as Chair. All other members shall be eligible for nomination to other
offices.
Officers shall be nominated, elected and serve as follows:
a. Any member may nominate any eligib le member for officer positions.
b. The Cha ir sha ll take nominations from the membership each May.
c. Officers shal l be elected by a simple majority of votes cast by members present at
the June meeting. Members shall vote by a show of hands.
d. Officers shall serve one-year terms which begin in July of the year of their
election and end on the last day of June of the following year or until their
successors are elected .
No member shall hold the same office for more than two consecutive terms except
upon the request and approval of the Harnett Co unty Board of Co mmi ss ioners .
Any member wishing to resign from office shall do so by submitting a letter of
resignation to the HCCWY Chair.
If an office becomes vacant, the Chair shall appoint a new officer to serve the
remainder of the term.
2
102720a HCBOC Page 82
Section 1.
Section 2.
Section 3.
Section 1.
Section 2.
Section 3.
ARTICLE V-DUTIES OF OFFICERS
The Chair shal l:
a. Appoint committee Chairs .
b. Appoint committee members.
d. Serve as ex-officio member on al l committees.
e Name ad-hoc committees and subcommittees as needed .
f Appoint members to vacated offices .
g. Call and preside at all meetings.
h . Prepare the monthly meeting agenda and submit said agenda to the Secretary the
Monda) one week prior to the month ·s meeting.
The Vice Chair shall:
a. Assume the duties of the Chair in the absence of the Chair.
b. Serve as Chair until the election of officers if the elected Chair resigns or is
removed from that office.
d. Perform other duties needed to carry out the work ofHCCWY.
c. Ensure that new members are orientated to the work ofHCCWY.
f Assume the duties of the Secretary in the absence of the Secretary.
The Secretary shall:
a Take the minutes of the HCCWY meetings, email copies of minutes from
previous month· s meeting, and provide hard copies at th e monthly meeting.
b. Distribute the upcoming meeting agenda to members one week prior to any
scheduled meeting.
f . Oversee registration and distribution of materials at HCCWY events.
g. Keep a record of member attendance.
~. Tally and record the election votes.
f Perform other duties needed to carry out the work of HCCWY .
g. Advi se members of mailings, activities , problems or events pertaining to
HCCWY.
h-Carry out public relation duties for the HCCWY.
i-Assume the duties of the Chair in the ab sence of the Chair and Vice Chair.
ARTICLE VI-MEETINGS
HCCWY meetings shall be held monthly except when otherwise ordered by the
Chair. The meetings shall be the fourth Tuesday of the month at 6 pm unless the
Harnett County government is closed due to inclement weather: a State or National
holiday, or a dec lared State of Emergency. l11e meetings shall be held at the
Harnett Count) Governmental Complex located in Lillington. NC.
Committee meetings shall be called by the Committee Chair at least once a month .
The Committee O,air shall choose the method of the meeting, which can be in
person . by email. b) phone. or by other electronic means .
In accordance with the laws of the State ofNorth Carolina, all HCCWY meetings
shall be open to the public.
3 102720a HCBOC Page 83
Section 4.
Section 5.
Section 1.
Section 2.
Section 3.
Section 4.
Section 1.
Section 2.
Section 3.
A simple majority of member's present shall constitute a quorum .
In the event that the Chair, Vice Chair, and Secretary_are unable to attend a
regularly scheduled monthly meeting or must leave the meeting early, then the
members present shall elect a chainnan pro tempore to preside over that meeting
and a secretary pro tempore to take the minutes. In the event that only one Officer
is present at the regularly scheduled monthly meeting and is assuming the duties of
the Chair, then the members present shall elect a secretary pro tempore to take the
minutes . The return of or arrival of the Chair, Vice Chair, Secretary, or Treasurer,
or the adjournment of the meeting, whichever shall occur first, shall terminate the
appointment of the chainnanpro tempore. The return of or arrival of two Officers
or the adjournment of the meeting, whichever shall occur first, shall terminate the
appointment of the secretary pro tempore.
ARTICLE VII-EXECUTIVE COMMITfEE
The HCCWY elected officers shall constitute the Executive Committee.
A majority of Executive Committee members shall constitute a quorum.
Meetings may be called by the Chair or at the written request of two Executive
Committee members. The officers may invite to the meeting other members
needing to be present to execute HCCWY business.
The Executive Committee shall:
a. Have general supervision over the affairs ofHCCWY between regular meetings.
b. Make recommendations to HCCWY relative to its mission, scope, and affairs.
c. Perform such other duties as are specified by HCCWY or the Bylaws.
d. It shall work closely with the HCCWY members, Harnett County Board of
Commissioners, and Harnett County Government staff.
ARTICLE VIII-COMMITTEES
The Standing Committees shall be Program, Public Relations, and Legislative. The
newly elected 01air shall appoint Standing Committee Chairs and members
following the June election of officers , except when directed otherwise in the
Bylaws.
The Program Committee shall consist of at least three members. The Program
01air shall present at the September HCCWY meeting a proposal of projects and
programs for the ensuing year. The Committee will coordinate and oversee these,
unless otherwise directe.d by the HCCWY 01air.
The Public Relations Committee shall consist of at least three members. It shall
review the Directory annually and update it if the Committee considers it advisable.
It shall consider and/or establish a Speaker's Bureau and shall carry out activities
that promote and facilitate the work of the Commission . It shall maintain contact
4 102720a HCBOC Page 84
Section 4.
with members as directed by the HCCWY Chair and shall assist with maintaining
the HCCWY website .
The Legislative Committee shall consist of at least three members . It shall inform
HCCWY offederal, state and local legislation that may be important to women and
youth, and shall recommend appropriate action to be taken by HCCWY . It shall
consider partnering with a non-partisan group to develop opportunities to leam
more about Legislation that may be important to women and youth. It shall review
the HCCWY Bylaws annually and shall receive, consider, and initiate revisions and
amendments .
ARTICLE IX-PARLIAMENTARY AUTHORITY
The rules in Robert's Rules of Order Newly Revised shall govern the HCCWY in all cases in which
they are applicable and in which they are not inconsistent with these Bylaws and those of the Hamett
County Board of Commissioners.
ARTICLE X-AMENDMENTS
These Bylaws may be amended , altered, repealed, or restated by a vote of the majority of the Han1ett
County Board of Commissioners.
ARTICLE IX-POLICIES
Alumna Volunteers
A retired member ofHCCWY, may maintain a more formal relationship with the HCCWY by
declaring that she wishes to be a HCCWY alumna volunteer. This will expand HCCWY services
and form a more readil y accessible group of volunteers to assist with programs and projects as well
as providing a continuum of information, historical or new.
5 102720a HCBOC Page 85