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HomeMy WebLinkAbout09031991 ,372 HAR.c\JETT COUNTY BOARD OF COM1VlISS IONERS MEETING, SEPTEMBER 3, 1991 The Harnett County Board of Commissioners met in regular session on Tuesday, September 3, 1991, in the County Office Building, Lillington, North Carolina, with the following members present: Mack Reid Hudson, Bill Shaw, Walt Titchener, Beatrice Bailey Hill, and Chairman Lloyd G. Stewart presiding. Others present were Dallas H. Pope, County Manager; W. Glenn Johnson, County Attorney; and Kay S. Blanchard, Recording Secretary. Chairman Stewart called the meeting to order at 9:00 a.m. and Commissioner Titchener led the group in the pledge to the flag and gave the invocation. Corrmissioner Shaw moved for approval of the minutes of the regular meeting, August 19, 1991. Commissioner Hill seconded the motion and it passed wit a unanimous vote. PROCLAMATION ON Tony Wilder, Assistant County Manager, presented for the Board's CITIZENSHIP DAY AND cor.sideration a proclamation concerning "Citizenship Day and Constitu- CONSTITUTION WEEK tiv~ Week" in Harnett County. Commissioner Hill moved for adoption of the proclamation. Commissioner Titchener seconded the motion and it passed with a unanimous vote. The proclamation is copied in full at the end of these minutes as Attachment 1. PROCLA.,.I\1ATION ON Tony Wilder, Assistant County Manager~ presented for the Board's HUNTING AND FISHING DAY con.3ideration a proclamation concernf.ng "Hunting and Fishing Day" in Harnet t County. Commissioner Shaw illoved for adoption of the proclamation. Commissioner Hill seconded the motion and it passed with a unanimous vote. The proclamation is copied in full at the end of these minutes as Attachment 2. FUNDING FOR SCHOOLS' Ivc Wortman, Superintendent, Harnett County Schools, briefed the Board UTILITIES on ~equirements for funding involving school utilities and requested ad~itional appropriation from the County in the amount of $190,000.00. Co~nissioner H~dson moved for approval of the full amount requested, witn monies to be paid ~uarterly at the end of each quarter with first pay~ent to be made Dece@ber I, 1991, and each quarter thereafter. Com~issioner Shaw seconded the motion and it passed with a unanimous vot = . DaJ~ Gardner, Emergency Medical Services Director, presented for the EMS COLLECTION CONTRACT Board's consideration a proposed Emergency Medical Services WITH TRANSWORD SYSTEMS col:ections contract with Transworld Systems, Inc. for 400 accounts. Commissione~ Titchener moved for approval of the contract, as presented, in the amount of $2,980. Commissioner Hill seconded the motion and it passed with a unanimous vote. Dal:as H. Pope, County Manager, presented a proposed resolution RESOLUTION RE: re~uesting addition of a subdivision road to the State D.O.T. System. ADDITION OF ROAD TO CODffi'lssioner Titchener moved for adoption of the resolution. STATE SYSTEM Comr.lissioner Hill seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 3. Hen=y S. Thompson, Health Department Director, presented APPOINTMENTS TO BOARD reco~endations for appointments to the Board of Health to fill OF HEALTH une~~.;>ired terms of Ms. Louise Davis and Dr. Lon G. Randall. Con~j.ssioner Titchener made a motion to appoint Rev. N.L. Stroud for a three-year term to expire 12/31/94, and to appoint Dr. Marilyn Brewer to ~~ll the unexpired term of Dr. Lon G. Randall which will expire 12/~1/92. Commissioner Hudson seconded the motion and it passed with a unanimous vote. COMMISSION~R !-fUDSON Comn:.issioner Shaw made a motion that Commissioner Hudson be appointed APPOINTED 10 lvtID-CARO- to sarve as representative of the Board of Commissioners on the LINA AGING ADVISORY BD. Mid-Carolina Aging Advisory Board. Commissioner aill seconded the motie:, and it passed with a unanimous vote. CHISTINE WILLIAMS Commissioner Hill made a motion to appoint Ms. Christine Williams to APPOINTED TO AGING the Mid-Carolina Aging Advisory Board to fill the unexpired term of ADVISORY BD. Ruth Farrish, and to appoint Ms. Margaret J. Carringer to fill the unex?ired term of Ms. Erthalene Clark. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Terms of both appointees will expire 01/31/92. LEASE AGREEMENT FOR Jack Bryan, Social Services Director, presented for the Board's SO. SERV. OFFICE SPACE cons.:..deration a proposed lease agreement between County of Harnett and (ECONOMY CLEANERS, mc) ECOl'!o~y Cleaners, Inc. for building space to support low income energy ass~sLance program. Commissioner Hill moved for approval of the lease agre7~e~t with correction as recommended by the ~ounty Attorney. Comm~~s~oner Hudson seconded the motion and it passed with a unanimous vote. 373 JURY COMMISSION APPT. Chairman Stewart asked for nominations for an appointment to the Jury Commission. Commissioner Shaw nominated Ms. Mildred Harrington. Commissioner Titchener nominated Mr. Carnell Robinson. The vote was as follows: Ms. Harrington - 3, Mr. Robinson - 2. Ms. Harrington is appointed for a two-year term. APPOINTMENTS TO Commissioner Titchener moved for the following appointments for CAPITAL AREA PIC recommendation to the Capital Area Private Industry Council: Mr. Larry Spell Dr. Catherine Evans, DDS Mr. CarIie C. McLamb Erwin Mills, Inc. P. O. Box 1296 Carlie C's IGA P. O. Box 458 Lillington, NC 27546 Rt. 2, Box 690 Erwin, NC 28339 Dunn, NC 28334 Commissioner Hill seconded the motion and it passed with a unanimous vote. Chairman Stewart called a ten minute recess. Chairman Stewart called the meeting back in session. RESOLUTION RE: INTER- Dallas H. Pope, County Manager, presented for the Board's 1M BUDGET APPRO. FOR consideration a resolution authorizing interim budget appropriations BUNNLEVEL/RIVERSIDE for the Bunnlevel/Riverside Wastewater project. Commissioner Hill PROJECT moved for adoption of the resolution. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The resolution is copied ira full at the end of these minutes as Attachment 4. RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented for the MANAGElVlENT CONTRACT Board's consideration a proposed Resolution Authorizing Execution of (SOUTHEAST W & Management Contract with Southeast Water and Sewer District of Harnett S DIST.) County. Commissioner Hill moved for adoption of the resolution. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 5. SOUTHEAST W & S DIST. Chairman Stewart called to order a meeting of the Harnett County Board MEETING of Commissioners sitting as the governing body of Southeast Water and Sewer District of Harnett County. RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented for the ESTABLISHING RULE & Board's consideration a proposed Resolution Establishing Rules and REGS. FOR SOUTHEAST Regulations for Operation of Southeast Water and Sewer District of W & S DISTRICT. Harnett County. Commissioner Shaw moved for adoption of the resolution. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution is copied ,in full at the end of these minutes as Attachment 6. RE SO LUT ION RE: John M. Phelps, II, Public Utilities Attorney, presented for the MANAGEMENT CONTRACT Board's consideration a proposed Resolution Authorizing Execution of Management Contract with Harnett County. Commissioner Hudson moved for adoption of the resolution. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 7. Chairman Stewart adjourned the meeting of the Southeast Water and 2swer District of Harnett County. REPORTS Reports for the month of August were filed with the Board from the following departments: Social Services, Planning, Veterans' Service, and the Tax Department. The Tax Attorney's report was also filed with the Board and is copied in full at the end of these minutes as Attachment 8. BUDGET AMENDMENTS Dallas H. Pope, County Manager, requested the following budget amendments: Education Code 10-8600-107 School - Current Expense 190,000. increase Revenue: 10-3990-000 Fund Balance Appropriated 190,000. increase Commissioner Hudson moved that the budget amendment for the Education fund for purchase of utilities be approved in accordance with the ~otion made earlier which requires fund disbursement to be made on a quarterly basis with first payment to be December 1, 1991. ~~mmissioner Titchener seconded the motion and it passed with a unanimous vote. Public Buildings Code 10-5000-015 Public Buildings 2,500. increase Revenue: 10-3990-000 Fund Balance Appropriated 2,500. increase Commissioner Shaw moved for approval of the budget amendment. Commissioner Hill seconded the motion and it passed with a unanimous vote. 374 Social Services Code 10-7700-011 Telephone & Postage 4,148. increase 10-7700-021 Building & Equipment Rent 17,441. increase 10-7700-075 Lease Payment 1,572. increase Revenue: 10-3990-000 Fund Balance Appropriated 23,161. increase Commissioner Shaw moved for approval of the budget amendment. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Governinq Body 1,017. increase Code 10-4100-045 Contracted Services Revenue: 10-3990-000 Fund Balance appropriated 1,017. increase Commissioner Titchener moved for approval of the budget amendment. I Commissioner Hill seconded the motion and it passed with a unanimous vote. Human Resources Code 10-7400-045 Contracted Services 27,877. increase Revenue: 10-3480-060 Manpower Program 27,877. increase Commissioner Titchener moved for approval of the budget amendment. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Solid Waste Code 10-6600-073 Capital Outlay-Other Improv. 2,885. increase Revenue: 10-3990-000 Fund Balance Appropriated 2,885. increase Commissioner Titchener moved for approval of the budget amendment. Commissioner Hill seconded the motion and it passed with a unanimous vote. Interfund Transfers Code 10-8701-1681 Interfund Transfer - Bunnlevel/Riverside 10,000. increase Reveilue: 10-3990-000 Fund Balance Appropriated 10,000. increase Commissioner Hill moved for approval of the budget amendment. Commissioner Titchener seconded the motion and it passed with a unar..:.mous vote. Public Utilities (Northeast) Code 32-9001-1562 Interfund Transfer - Bunnlevel Riverside 49,086. increase Reveaue: 32-3990-001 Unappropriated Fund Balance - Water 49,086. increase Commissioner Shaw moved for approval of the budget amendment. Commissioner Hill seconded the motion and it passed with a unanimous vote. Public Utilities (Northwest) Code 36-9005-074 Capital Outlay-Equipment 4,500. increase RevE::i1ue: 36-3990-005 Unappropriated Fund Balance - Northwest 4,!>00. increase Comrr.issioner Shaw moved for approval of the budget amendment. Comm~ssioner Titchener seconded the motion and it passed with a unar.imous vote. Public Utilities (Northwest) Code 36-9005-033 Materials & Supplies 580. increase 36-9005-074 Capital outlay - Equipment 175. increase Revenue: 36-3990-005 Unappropriated Fund Balance-Northwest 755. increase Commissioner Hill moved for approval of the budget amendment. Comm~ssioner Shaw seconded the motion and it passed with a unanimous vote. Administration Code 10-4200-074 Capital outlay - Equipment 730. increase Rever.ue : 10-3990-000 Fund Balance Appropriated 730. increase Commissioner Titchener moved for approval of the budget amendment. Commissioner Hill seconded the motion and it passed with a unanimous vote. Commissioner Hill moved that the Board go into executive session involving personnel and contract matters. Commissioner Titchener seco~~ed the motion and it passed with a unanimous vote. EXECUTIVE SESSION Commissioner Hill moved that the Board come out of executive session. Commissioner Titchener seconded the motion and it passed with a unanimous vote. VI DOZIER Commissioner Titchener made a motion that Ms. Vi Dozier be appointed APPOINTED TO to the Nursing Home Advisory Committee to fill the vacancy created by NURSING HOME ADV. the =esignation of Ms. Evelyn Smith. Commissioner Hill seconded the COMMITTEE motioil and it,passed with a unanimous vote. Ms. Dozier's term will expi;:e December, 1994. ADJOURNMENT Ther~ being no further business, the Harnett County Board of Cormr,.:.ssioners meeting, September 3, 1991, duly adjourned at 12:15 p.m. 375 J?~ )J At~ tlfYd Stewart, Chairman /1(~ ~ \ \~I\ I d~~-/ "L; . ': IL'V~/ Vanessa W., Young, Clerk/ 0 K 0-<.,/ ,6. ~ /n,t'J 11.11.(1 Kay ~. Blanchard, Recording Sec. ATTACHMENT 1. . liARNETT COUNTY NORTH CAROLINA .,..........AMATION "CITIZENSHIP DAY AND CONSTITUTION WEEK" WHEREAS, We the People did ordain and establish a Constitution for the United States of America to secure the blessings of liberty for ourselves and our posterity; and WHEREAS, it is important that all citizens fully understand the provisions, principles, and meaning of the Constitution so they can support, preserve, and defend it against encroachment; and WHEREAS, The President of and the Congress of the United States have designated September 17, as Citizenship Day and the week of september 17-23 as Constitution Week; and WHEREAS, Constitution Week and Citizenship Day provide the opportunity for all Americans to learn about and to reflect upon the rights and privileges of citizenship and its responsibilities; and WHEREAS, the people of the County of Harnett do enjoy the blessings of liberty, the guarantees of the Bill of Rights, equal protection of the law under the constitution, and the freedoms derived from it; NOW, THEREFORE, WE THE HARNETT COUNTY BOARD OF COMMISSIONERS, do hereby proclaim September 17 as Citizenship Day and the week of September 17-23 as Constitution Week, and invite every citizen and institution to join in the national commemoration. Duly adopted this the 3rd day of September , 1991. HARNETT COUNTY BOARD OF COMMISSIONERS ~'T J7 ~ LI yd . Stewart, Chairman Board f County Commissioners ATr: -11....._, '0 J '-(,~" ~ Vanessa W. Young, Cler' to t Board 376 A TT ACm,lENT 2. HARNETT COUNTY NORTH CAROLINA PROCLAMATION I "HUNTING AND FISHING DAY" WHEREAS, since the the turn of the century, hunters and fishermen have been at the forefront of the conservation movement, providing the impetus and the financing for many of the wildlife conservation programs existing today: and WHEREAS, individuals, and through their organizations, sportsmen volunteer countless hours of their time for local conservation projects and to educate others about the wise management of our natural resources: NOW, THEREFORE, WE THE HARNETT COUNTY BOARD OF COMMISSIONERS, do hereby proclaim Saturday, September 28, 1991, as "Hunting and Fishing Day" in Harnett county. We applaud the hunters and fishermen of Harnett County for their unselfish dedication and contributions to conservation and urge all citizens to join and support our sportsmen in their efforts to ensure the wise use and proper management of our natural resources to benefit future generations. Duly adopted this the 3rd day of September, 1991. HARNETT COUNTY BOARD OF COMMISSIONERS ~):J/W . Libyd G. Stewart, Chairman ATTEST: ~ \J ~H~ Vanessa W. Young, erk A TT ACHHENT 3. HARNETT COUNTY NORTH CAROLINA RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners do hereby, by proper execution of this document, request that the North Carolina Department oi Transportation add to the State's Secondary Road System for maintenance, the below listed street: Benton Place - Section Three - Phase II Callie Coats Lane Duly adopted this 3rd day of September, 1991. HARNETT COUNTY BOARD OF COMMISSIONERS ~ )7 /fLn.J' Lro doG. Stewart, Chairman ATTEST: -L -j h~~lN.\.{~ Vanessa W. Young, 'erk 377 ATTACHMENT 4. RESOLUTION AUTHORIZING INTERIM BUDGET APPROPRIATIONS (BUNHLEVEL - RIVERSIDE WAs....:.j~ATER FACILITIES PROJECT) I WHEREAS, the Bunnlevel-Riverside Wastewater Facilities Project (the "Project"), upon its completion, shall provide sewer disposal services to persons residing in the Riverside and Bunnlevel communities of Harnett County; and WHEREAS, the Project has been funded in the most part by grant monies supplied or to be supplied through both federal and state agencies; and WHEREAS, due to the nature of the individual requirements of each such agency with respect to the procurement of their grant funds, there is a need for the advancement of Harnett County General Fund monies to the Project's Budget, on an interim basis, until such grant funds are received; and WHEREAS, it is currently estimated that such advancement of funds will not exceed the sum of $190,000; and WHEREAS, it is the desire of the Board of Commissioners of Harnett County to authorize such interim budget appropriations as hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett that: 1- The Harnett County Finance Officer shall be and is hereby authorized to advance from the General Fund of the County, as an interim appropriation only, such funds as are needed to meet the required expenditures of the Project. 2. The interim appropriations shall not exceed the sum of $190,000, and such funds as are advanced shall be immediately refunded to the said General Fund upon the receipt of the permanent Project grant monies as above described. Duly adopted this 3rd day of September, 1991, upon motion made by Commissioner Hill , seconded by Commissioner Shaw and adopted by the following vote. AYES 5 NOES 0 ABSENT 0 BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT BY,~J ):;~' L~ Y G. Stewart, Chairman ~T: -~" '7 ~ L'i ')'f Vanessa 'w: Young, ti., rk to the Board , 378 ATTACHMENT 5. RESOLU~ION AU~HORIZING EXECU~ION OF MANAGEMENT CON~RAC~ WI~B SOUTBEAS~ WA~ER AND SEWER DIS~RICT OF BARNET~ comrn I WHEREAS, the Harnett County Board of Commissioners, has examined the Management Contract between the County of Harnett (hereinafter "County") and the Southeast Water and Sewer District of Harnett County, a copy of which is attached hereto as Exhibit "A"; and WHEREAS, the Board desires for the County to enter into said contract as provided; NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners, that: l. Harnett County is hereby authorized to and shall enter into the Management Contract as is attached hereto as Exhibit "A". 2. The appropriate officers of said Harnett County are hereby directed to execute the original of said Management Contract for and in behalf of the County. Duly adopted this 31'd day of September, 1991, upon motion made by Commissioner Hill , seconded by Commissioner Shaw and passed by the following vote: .P.YES S NOES 0 ABSENT 0 HARNETT COUNTY BOARD OF COMMISSIONERS BY: ;{t~.,~~ .h /kuv~/ ~oYI G. Stewart, Cha1rrnan ATTESt: ( \ '-u\ -V~~~ 'tV ~_L1_......c, Vanessa W. Young, c~rk I Exhibit nAil NORTH CAROLINA MANAGEMENT CONTRACT HARNETT COUNTY THIS CONTRACT, made and entered into this the day of September, 1991 , by and between THE COUNTY OF HARNETT, a body politic organized and existing under the laws of the State of North Carolina (hereinafter called "County") and THE SOUTHEAST WATER AND SEWER DISTRICT OF HARNETT COUNTY, a municipal corporation organized Bnd existing pursuant to the provisions of Article 6, Chapter 162A of the North Carolina General Statutes (hereinafter called "District") ; WIT N E SSE T H : THAT WHEREAS, the County is lessee and operator of a water ~roduction system and B water supply distribution system owned by ~he Northeast Metropolitan Water District of Harnett County; and WHEREAS, County as lessee of said systems has created a Public Otility Department which conducts the operation of said systems; and - -- 379 WHEREAS, the District was organized and established for the purpose of constructing and operating a water supply distribution system to serve water users within the District as described in plans now on file in the Office of the District; and WHEREAS, the water supply distribution system of the District . will be constructed with the use of Local funds; and WHEREAS, the Farmers Home Administration of the United States Department of Agriculture has agreed to loan the District sufficient funds to enable the District to finance the construction of said water supply distribution system; and WHEREAS, the County's Public Utility Department is fully capable to conduct the operation and management of the water supply distribution system of the District; and WHEREAS, the County and the District have agreed to enter into this contract for the operation and management of the water supply distribution system of the District as a County operated system on a continuing basis and especially for and during the period of the existence of the Farmers Home Administration loan to the District. NOW, THEREFORE, the parties do contract and agree each with the other as follows: 1. That the District's water distribution supply system referred to above shall be operated and managed by the County's Public Utili ty Department as a County operated water distribution system on 8 continuing basis and especially for a period beginning as of the execution of this contract and extending until that certain loan referred to above made by the Farmers Home Administration to the District has been paid in full, being a period of at least (40) years. 2. That the Harnett County Board of Commissioners, sitting in the capacity as the governing body of the County and/or as the governing body of the District, shall establish and set the rates of charges for the purchase of water and for such other fees, charges, and penalties as required for the operation of the water distribution system, with proper cost accounting procedures to appropriately reflect the cost of these facilities operated by the County Public Utility Department relative to the operation of other utility enterprises .. which are or may be carried on by the County Public Utility Department. Further, the Harnett County Board of Commissioners, in the capacities stated above, shall charge such rates for the users of said water distribution system as will appropriately yield sufficient funds to meet operation and maintenance expenses and to pay and retire the long term debt of the Farmers Home Administration to the District. 380 3. This contract shall be a continuing contract relative to the furnishing of the essential water utility services for the people of the District and this contract shall exist and continue until the District and the County shall mutually modify or terminate this I contractual arrangement. 4. That the Harnett County Board of Commissioners agrees to create an Advisory Council to lend aesistance with input and advice as to the operation and maintenance of the aforesaid water distribution system by the Harnett County Board of Commissioners as the governing ~ody of said District. S. That the County shall be entitled to fund or cause to be funded the construction of any water line to be connected to the District's system as an extension within or without the boundaries of the District for the purpose of serving needy users with water utility services as the same shall be determined by the Harnett County Board of Commissioners and that the rates chargeable to such persons (users) shall be equitably set to properly reflect cost of operations and maintenance of water production and supply and further that in the event it shall become necessary for the District to levy a tax for the purpose of funding bonded indebtedness of the District then in such event such rates of any person (user) outside the boundaries of the District shall be charged a greater user fee (rate) as will be equivalent to such needed property tax as may be levied; provided, if a tax levy is made, then such user charge for out-of-district csers shall not be less than 150\ of the user charge of u~ers of the District. It is understood and agreed that the District shall have no obligation to extend its water lines outside of the District's boundaries. 6. That the County will manage and operate the water supply distribution system on an annual budget with the setting of rates on an annual basis as approved by the District's governing body with proper input and advice from the Advisory Council, which budget shall provide and set forth the handling of the funds such that a reserve fund, depreciation fund, debt payment fund, and surplus fund for the District shall be distinguishable, and further that the County shall maintain a system of account for the County Utility Department which will \ 381 appropriately account for the various operations of the Utility Department, specifically so that all costs relative to the operation of the water supply distribution system will be separately stated; the County shall further maintain insurance and bonds as required by state law and that the County shall properly contract with a certified public accountant for annual audits of the utility Department and that further the County shall comply with all federal, state and local laws and regulations relative to the operation of the water supply distribution system. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as authorized by the Harnett County Board of Commissioners sitting as the governing body of the County and the District, all the day and year first above written. THE COUNTY OF HARNETT BY: Lloyd G. Stewart, Chairman H~rnett County Board of Commissioners ATTEST: Vanessa W. Young, Clerk SOUTHEAST WATER AND SEWER DISTRICT OF HARNETT COUNTY By: Lloyd G. Stewart, Chairman Harnett County Board of Commissioners, sitting as the governing body of the Southeast Water and Sewer District of Harnett county ATTEST: Vanessa W. Young, Clerk to the Board and of the Southeast Water and Sewer District of Harnett County ATTACHMENT 6. RESOLUTION ESTABLISHING RULES AND REGULATIONS FOR OPERATION OF SOUTHEAST WATER AND SEWER DISTRICT OF BARNETT COUNTY WHEREAS, the Harnett County Board of Commissioners, sitting as the governing body of the Southeast Water and Sewer District of Harnett County, (hereinafter the "Board") recognizes the need for general rules and regulations to manage and operate the water I distribution system of the Southeast Water and Sewer District of Harnett County (hereinafter the "District") during both its construction period and thereafter; and WHEREAS, Harnett County now is operating and managing the systems of several water service districts within Harnett County and utilizes with respect thereto the current Operational Rules and Regulations of the Northeast Metropolitan Water District of Harnett County; and WHEREAS, it has been recommended to the Board by the Harnett County Director of Public Utilities that the currently existing ------- 382 Rules and Regulations for the Northeast Metropolitan Water District of Harnett County, except as the same relate to water rates, charges and fees, be used as the rules and regulations for the District; and WHEREAS, it is the desire of the Board to make provision in said rules and regulations for the water rates, charges and fees to be applicable to said District, and in conjunction therewith desires to adopt as Section 28, and Section 29 of said rules and regulations the provisions herein below set forth. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS, SITTING AS THE GOVERNING BODY OF THE SOUTHEAST WATER AND SEWER DISTRICT OF HARNETT COUNTY THAT: 1. The currently existing rules and regulations applicable to the Northeast Metropolitan Water District of Harnett County except as the same relate to water rates, charges and fees are hereby established as the rules and regulations for the water operations of the District. 2. Section 28 of said Rules and Regulations shall read and be as follows: Section 28. Classifications. Rates. Fees and Charaes. (a) Classification of Service. All services are classified under two categories to include residential or multi-unit services. A residential service is a service which provides water to a single family residence and the buildings appurtenant thereto. A multi-unit service is a service which provides water to more than one single family residence or more than one user unit. (b) Rate Schedules (1 ) Residential Services: Water Schedule Monthlv Rate First 2,000 gallons $13.10 (minimum) All water used over $ 2.50 per 1,000 2,000 gallons gallons (2) Multi-Unit Services: The minimum amount of $13.10 per unit or the amount equal to the cost of the number of gallons used through the multi-unit service at the rate of $2.50 per 1,000 gallons, whichever amount is greater. (C) Tap-On-Fees. (To become effective after completion of initial sign up period) nn-On-Fees The following tap-on-fees shall apply to the meter services described: 2 inch connection $1,400 1 1/2 inch connection 800 1 inch connection 675 3/4 inch connection 500 The multi-unit or master meter connection fee is cost of materials, plus twenty (20) percent. Larger connections shall be negotiated as may be appropriate. ( d) ~re Protection Charaes I Services Cha~ Standby Fire Plug $S.OO/month each added to water billing, plus cost of installation and materials 6" Sprinkler Connection $10.00/month, plus cost of installation and materials 8" Sprinkler Connection $2S.00/month, plus cost of installation and materials 12" Sprinkler Connection $100.00/month, plus cost of installation and materials Others Negotiated I - 383 (e) Rates for '9t:!:,:"sons livJ~9 l')\1Y..iQP. the District. Rates for persons living outside the Southeast Water and Sewer District of Harnett County shall be equal to rates for persons living inside the District so long as no tax is levied within the District for support of the system; if a tax is levied on users inside the water District for the purpose of supporting the water system, then the users outside the District shall pay an increased rate as established by the County from time to time. In setting such increased rate, the County will take into consideration the rate paid by persons inside the District plus taxes levied on them for support of the water system. 3. Section 29 is added to said Rules and Regulations and reads as follows: Section 29. In the event the District 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 Environment, Health and Natural Resources before such connection may take place and, unless otherwise specifically approved by the District, all previously existing sources of water must be completely abandoned and rendered incapable of future water production. 4. This Board retains the right to make such changes in said Rules and Regulations as applied to the District as may be needed from time to time. Duly adopted this the ~ day of September, 1991 upon motion made by Commissioner Shaw , seconded by Commissioner Hudson , and passed by the following vote: AYES 5 NOES 0 ABSENT 0 HARNETT COUNTY BOARD OF COMMISSIONERS sitting as the governing body of the SOUTHEAST WATER AND SEWER DISTRICT OF HARNETT COUNTY BY~ )j/~/- ~flo~ G. Stewart, Chairman ATTEST: ~ l!~", ~,"--' 'tL' . ,-!,~tl" A ........~ Vanessa W. Young, Cl k 0 to the Board and of e Southeast Water and Sewer District of Harnett County ATTACHMENT 7. RESOLU~ION AU~BORIZING EXECUiiON OF MANAGEMEN~ CON':rRAC~ WI IlARRE~~ COUN~Y of commissioners, sitting WHEREAS the Harnett County Board , f ' O' tr~ct 0 Southeast water and Sewer ~s as the governing body of the ement d") has examined the Manag . ft r "Boar , Harnett County (here~na e d tt (hereinafter "county") an h C nty of Harne I Contract between t e ou . ' of Harnett County, a copy the Southeast Water and Sewer D~str~ct 'b't "A'" and of which is hereto as Exh~ ~ , , 'd . . t to enter ~nto sal. WHEREAS, the Board desires for the D~str~c contract as provided; d of NOW THEREFORE, BE IT RESOLVED by the Harnett County Boar , 'of the southeast water " . tting as the governl.ng body Comm~ss~oners, 81- t C nty that: and Sewer District of Harnet ou , D'strict of Harnett County 1. The Southeast water and Sewer ~ , to the Management d shall enter ~n is hereby authorized to an Contract as is attached hereto as Exhibit "A". -- - 384 2. The appropriate officers of said District are hereby directed to execute the original of said Management Contract for and in behalf of the District. Duly adopted this 3rd day of September, 1991, upon motion made by Commissioner Hudson , seconded by commissioner Shaw and passed by the following vote: AYES 5 NOES 0 ABSENT 0 HARNETT COUNTY BOARD OF COMMISSIONERS sitting as the governing body of the SOUTHEAST WATER AND SEWER DISTRICT OF HARNETT COUNTY ~ j, J - By: Un /Uc-v' - /Llqfd G. Stewart, Chairman ATTEST: ( ' ,.~.. -, "-td --r~M~/, Vanessa W. Young, C erk t the Board and of the S theast Water and Sewer District of Harnett County Exhibit "A" NORTH CAROLINA MANAGEMENT CONTRACT HARNETT COUNTY THIS CONTRACT, made and entered into this the day of September, 1991, by and between THE COUNTY OF HARNETT, a body politic organized and existing under the laws of the State of North Carolina (hereinafter called "County") and THE SOUTHEAST WATER AND SEWER DISTRICT OF HARNETT COUNTY, a municipal corporation organized and existing pursuant to the provisions of Article 6, Chapter 162A of the North Carolina General Statutes (hereinafter called "Distr iet" ) ; WIT N E SSE T H : THAT WHEREAS, the County is lessee and operator of a water production system and a water supply distribution system owned by the Northeast Metropolitan Water District of Harnett County; and WHEREAS, County as lessee of said systems has created a Public Utility Department which conducts the operation of said systems; and WHEREAS, the District was organized and established for the purpose of constructing and operating a water supply distribution system to serve water users within the District as described in plans now on file in the Office of the District; and WHEREAS, the water supply distribution system of the District will be constructed with the use of Local funds; and WHEREAS, the Farmers Home Administration of the United States Department of Agriculture has agreed to loan the District sufficient funds to enable the District to finance the construction I of said water supply distribution system; and WHEREAS, the County's Public Utility Department is fully capable to conduct the operation and management of the water supply distribution system of the District; and WHEREAS, the County and the District have agreed to enter into this contract for the operation and management of the water supply distribution system of the District as a County operated system on a continuing basis and especially for and during the period of the existence of the Farmers Home Administration loan to the District. 385 NOW, THEREFORE, the parties do contract and agree each with the other as follows: 1. That the District's water distribution supply system referred to above shall be operated and managed by the County's Public Utility Department as a County operated water distribution system on a continuing basis and especially for a period beginning as of the execution of this contract and extending until that certain loan referred to above made by the Farmers Home Administration to the District has been paid in full, being a period of at least (40) years. 2. That the Harnett County Board of Commissioners, sitting in the capacity as the governing body of the County andlor as the governing body of the District, shall establish and set the rates of charges for the purchase of water and for such other fees, charges, and penalties as required for the operation of the water distribution system, with proper cost accounting procedures to appropriately reflect the cost of these facilities operated by the County Public Utility Department relative to the operation of other utility enterprises which are or may be carried on by the County Public Utility Department. Further, the Harnett County Board of Commissioners, in the capacities stated above, shall charge such rates for the users of said water distribution system as will appropriately yield sufficient funds to meet operation and maintenance expenses and to pay and retire the long term debt of the Farmers Home Administration to the District. 3. This contract shall be a continuing contract relative to the furnishing of the essential water utility services for the people of the District and this contract shall exist and continue until the District and the County shall mutually modify or terminate this contractual arrangement. 4. That the Harnett County Board of Commissioners agrees to create an Advisory Council to lend assistance with input and advice as to the operation and maintenance of the aforesaid water distribution system by the Harnett County Board of Commissioners as the governing body of said District. S. That the County shal1 be entitled to fund or cause to be funded the construction of any water line to be connected to the District's system as an extension within or without the 386 boundaries of the District for the purpose of serving needy users with water utility services as the same shall be determined by the Harnett County Board of Commissioners and that the rates chargeable to such persons (users) shall be equitably set to properly reflect cost of operations and maintenance of water production and supply and further that in the event it shall become necessary for the District to levy a tax for the purpose of funding bonded indebtedness of the District then in such event such rates of any person (user) outside the boundaries of the District shall be charged a greater user fee (rate) as will be equivalent to such needed property tax as may be levied; provided, if a tax levy is made, then such user charge for out-of-district users shall not be less than 150% of the user charge of users of the District. It is understood and agreed that the District shall have no obligation to extend its water lines outside of the District's boundaries. 6, That the County will manage and operate the water supply distribution system on an annual budget with the setting of rates on an annual basis as approved by the District's governing body with proper input and advice from the Advisory Council, which budget shall provide and set forth the handling of the funds such that a reserve fund, depreciation fund, debt payment fund, and surplus fund for the District shall be distinguishable, and further that the County shall maintain a system of account for the County Utility Department which will appropriately account for the various operations of the Utility Department, specifically so that all costs relative to the operation of the water supply distribution system will be separately stated; the County shall further maintain insurance and bonds as required by state law and that the County shall properly contract with a certified public accountant for annual audits of the Utility Department and that further the County shall comply with all federal, state and local laws and regulations relative to the operation of I the water supply distribution system. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as authorized by the Harnett County Board of Commissioners sitting as the governing body of the County and ~he District, all the day and year first above written. THE COUNTY OF HARNETT BY: Lloyd G. Stewart, Chairman Harnett County Board of Commissioners ATTEST: Vanessa W. Young, Clerk 387 ATTACHMENT 8, I RE: MONTHLY REPORT TO COMMISSIONERS AND STATEMENT OF FEES AND CHARGES FOR THE MONTH OF AUGUST, 1991 1. Tax Suits Dismissed: NAME SUIT NO. .AMOUNT COL. ..COURT ATTORNEY COSTS FEES Anderson Creek TOw~ - Stewart, John Patrick 89 CVD 1266 848.78 543.85 340.00 ~becp~ TownshiR 268.60 200.00 Frizzelle, Lea 90 CVD 0661 639.88 Black River Towns~ 391.80 340.00 Hendrix, Robert 89 CVD 1014 4,769.46 Marshall, Amanda 90 CVD 0949 2,432.23 295.00 250.00 ~e TQw~ 250.00 Butts, Helen M. 90 CVD 1037 1,066.73 301. 40 Norris, Robert 90 CVD 1148 1,650.56 281.12 225.00 Bennett, Connie William90 CVD 1192 1,746.56 253.80 200.00 Stew~t's Creek Township 200.00 Monds, Helen 90 CVD 1239 829.81 250.79 Sulton, Mary 90 CVD 0862 2,133.81 302.22 250.00 Unner Little River Townshio 175.00 Brown, Mack Junior 91 CVD 0832 464.27 222.62 Harmon, Hubert H. 90 CVD 1192 2,383,64 298.03 225.00 Subtotal 18,965,73 3,409.23 2,655.00 NOTE: · Total collected includes taxes, interest and Court costs. .. Court costs includes attorney fees allowed by Court. Additional Attorney's Fees: ~ EXP~ANATION CHARGE 8-30-91 Mark D. Lease - 91 CVD 0468 Services in connection with tax suit S UJ.~~ Attorney's Fees $2,768.52 2. Advanced Costs: I2An ~NATIOf;i CHARGE 8-9-91 Li11ington Postmaster - certified mail Patricia Bullard - 89 CVD 0749 4.79 8-20-91 Lillington Postmaster - restricted delivery mail Annie Porter - 90 CVD 1341 5.02 8-23-91 Lil1ington Postmaster - restricted delivery mail Barbara James - 91 CVD 0513 5.02 8-26-91 Lil1ington Postmaster - postage Clinton Adams'- 91 CVD 1014 1. 62 8-30-91 Sheriff of Sampson County - service fee Mattie Riddle - 91 CVD 0666 15.00 8-:\0-91 Sheriff of Cumberland County - service fee Mattie Riddle - 91 CvD 0666 10.00 Total Advanced Costs $41.45 SUMMARY OF CHARGES & FEES Tax suits dismissed $2,655.00 Additional attorney's fees 113.52 Advanced costs 41.4~ BALANCE DUE S2.809.97 3. New Suits Started during the month of August 1991 ~Bpo~owns~ ' Kimberly Hoffman 91 CVD 0986 Black River ~ow~ Clinton Adams 91 CVD 1014 Johnsonvi1le Tow~ Wandene Butler 91 CVD 0936 Abraham Cameron 91 CVD 1005 ~00t v(_rri.A 'If /1.'1 \'~ E. MarsHall Woodall . Post Office Box 39 Lillington, NC 27546 Telephone: (919) 893-5191