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HomeMy WebLinkAbout01061992 --- 499 HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 6, 1992 The Harnett County Board of Commissioners met in regular session on Monday, January 6, 1992, in the Commissioners Meeting Room, County Office Building, Lillington, North Carolina, with the following members present: Mack Reid Hudson, Bill Shaw, Walt Titchener, Seatrice Bailey Hill, and Chairman Lloyd G. Stewart presiding. Others present were Dallas H. Pope, County Manager; W. Glenn Johnson, County Attorney; Vanessa W. Young, Finance Officer and Clerk to the Board; and Kay S. Blanchard, Recording Secretary. Chairman Stewart called the meeting to order at 9 a.m. and Commissioner Hudson offered the invocation. Upon motion made by Commissioner Hudson and seconded by Commissioner Hill, the Board voted unanimously to approve the following items from the Co~sent Agenda: - Minutes of the regular meeting, December 16, 1991, and special meeting, DecembE!r 20, 1991 EMIL Y GRAHAM APP' T - Appointment of Ms. Emily Graham, 500 E. "G" St, Erwin, NC, to LIBRARY BOARD the Library BoaI'd for a 4-year term to ,expire 1-1-96. - Reappointment 01 Mr. Roger Johnson, P. O. Box 368, Lillington, REAPP'T OF ROGER NC, and Ms. Mabe'l Taylor, Rt. 2, Box 25, Li1lington, NC, to JOHNSON & MABEL the Nursing HomE! Community Advisory Committee for a 3-year TAYLOR TO NURSING HOME COMMITTEE term to expire ]2-31-94. - Budget Amendments: BUDGET AMENDMENTS Public UtilitieE (Water) Code 32-9001-04E Medical Supplies ,& Drugs 1,350. increase Revenue: 32-3990-00] Unappropriated Fund Balance - Water 1,350. increase Dep't . of Human f:esources Codd 10-7400-00:, Salaries & Wages(part-time) 1,856. decrease lO-7400-00j Professional Services 128. increase 10-7400-00 FICA Tax Expense 143. decrease 10-7400-00 ' Workmen's Compensation 69. decrease 10-7400-0ll Telephone & Postage 644. increase 10-7400-01 Maintenance & Repair-Equip. 800. increase 10-7400-02 Building & Equipment-Rent 64!. increase 10-7400-03 Workforce '91 200. increase 10-7400-03 Materials & Supplies 700. increase 10-7400-04 Contracted Services 24,106. increase 10-7400-05 Dues & Subscriptions 300. increase 10-7400-07 Support Services 30,875. increase Revenue: 10-3480-06 Manpower Program 56,326. increase Randy Anderson, North Carolina Department of Transportation, briefed the Board on current DO~ activities. RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented for the PROCUREMENT OF ENG. Board's consideration, a proposed resolution regarding procurement of SERVICES (WATER engineering services (Water Treatment Plant Study Project). TREATMENT PLANT Commissioner Shaw moved for adoption of the resolution providing it STUDY) does not call for expenditure of any funds. Commissioner Hill seconded the motion and it passed with the following vote: Ayes: 4, Noes: 1, Absent: 0 The resolution is copied in full at the er.G of these minutes as /\ttachment 1. RESOLUTION RE: E. Marshal: Woodall, Tax Att.orney, presented for the Board's ACCEPTING OFFER TO consiciere.tion, a proposej resolution accepting offer to sell real SELL REAL PROPERTY property purchased at taK foreclosure sale. Commissioner Hill moved PURCHASED AT TAX for adoption of the resolution. Commissioner Titchener seconded the FORECLOSURE SALE motion and it passed with a unanimous vote. The resolution is copied in full at the end of th~se minutes as Attachment 2. RESOLUTION RE: Dallas H. Pope, County Mdnager, presented for the Board's ADDITION OF UNNAMED consideration, a proposed resolution requesting that an unnamed street STREET TO STATE in a subdivision owned ~{ Jerry F. Lee and Margaret T. Lee, and ROAD SYSTEM located off SR 1802 near Dunn be added to the State's Secondary Road System. Commissioner Ti'::chener moved for adoption of the resolution. Commissioner 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. -- 500 Dallas H. P~e. County Manci~er. presented for the Board's RESOLUTION RE: consideration, a proposed r solution concerning Capital Area Job Training Consortium Agreeme t. Commissioner Titchener moved fo: CAPITAL AREA JOB adoption of the resolution. Commissioner Hil~ se~onded.the.mot1on and TRAINING CONSORTIUM it passed with a unanimous ~ote. The resolut1on 1S cop1ed 1n full at AGREEMENT the end of these minutes as Attachment 4. RESOLUTION DESIGNATING Dallas H. Pope, County Manager, presented for the Board's consideration, a proposed resolution designating the Mid-Carolina MID-CAROLINA COUNCIL Council on Governments, Area Agency on Aging as lead agency for Home ON GOVERN~'1ENTS, AREA and CommG~ity Care Block Grant for Older Adults. Ms. Margaret Hardee, AGENCY ON AGING FOR Director, Mic-Cerolina Area Agency on Aging, provided comments and CDBG FOR OLDER ADULTS answereG ~ues~ioas from the Board. Commissioner Hudson moved f~r adoption of the ,resolution. Commissioner Shaw seconded the mot1on and it passed with the following vote: Ayes: 4, Noes: 1, Absent: 0 The resolution is copied in full at the end of these minutes as Attachment 5. Geoffrey Church, Chairman, Harnett County Disability Awareness DISABILITY AWARENESS Committee, requested that the Board adopt by-laws for the newly COMMITTEE established committee and also approve officers for the committee. Commissioner Titchener moved for adoption of the by-laws for the Harnett County Disability Awareness Committee as presented. Commissioner Hill seconded the motion and it passed with a unanimous vote. Commissioner Titchener moved for approval of the following officers of the Harnett County Disability Awareness Committee: Chairman: ,Geoffrey Church, Vice-Chairman: Tom Haynie Secretary-Treasurer: Betty Wood Commissioner Hill seconded the motion and it passed with a unanimous vote. COinmissioner Titchener made a motion to allow Mr. Sol Kozma to address SOL KOZMA 'cha Board. Commissioner Hill seconded the motion and it passed with a \:.na:-.i IT.01..S.- ;).ta . M~. KOZAQ. st~ted that he had questions concerning the CQ~e ?ee~ ~asio~a: Wastewater ?roject he would like to present to the coun'tj' '.:r.an6.ger . C~airman Stewart then authorized Dallas H. Pope, County Manager, ~o respond to questions which were asked by Mr. Kozma. Dallas H. Pope, County Manager, responded to each question presented by Mr. Kozma. Tom Meece, Industrial Development Director, presented an update briefing on County Economic Development programs. REPORTS Reports for the month of December were filed with the Board from Industrial Development, Emergency Medical Services, Veteran's Affairs, Tax Department, Tax Releases, and the Sheriff's 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 6. TAX REFUNDS Bobby Wicker, Tax Administrator, presented request for the following tax refunds: 1. Ruth D. Maness, Rt. 3, Box 806, Dunn $10.21 2. Jerry M. Jones, Rt. 4, Box 207, Angier 63.98 3 . Rudolph Jackson, Rt. 1, Box 220A, Erwin 35.01 4. Teresa V. Johnson, 4505 Boxwood Rd., Raleigh 97.28 5. '::er::ie M. McGowan, P. O. Box 2232, Cullowhee 57.35 ( , 89) Te:::rie M. McGowan.. p, O. Box 2232, Cullowhee 43.99 ( , 90) c Cdell SurlEs, P. O. Box 212, Bunnlevel 34.53 ( , 90) ~ . Odell Surles, P. O. Box 212, Bunnlevel 32.92 ( '89) Odell Surles, P. O. Box 212, Bunnlevel 28.41 ( , 88) 7 . Etta Harrington, Rt. 2, Box 462, Lillington 136.67 8 . Roy H. Byrd, Rt. 1, Bunnlevel 45.03 Commissioner Shaw moved for approval of the above listed tax refunds. Commissioner Hudson seconded the motion and it passed with a unanimous vote. WILLIS BROWN Commissioner Titchener made a motion to allow Mr. Willis Brown to address the Board. Commissioner Hill seconded the motion and it passed with a unanimous vote. Mr. Brown requested that the Board not discuss in executive session, awarding of contract for wastewater project associated with school's wastewater problem, which might lead I to an agenda item being passed without additional input from the public concerning the subject. EXECUTIVE SESSION Commissioner Hudson made a motion that the Board go into executive session. Commissioner Shaw seconded the motion and it passed with a unanimous vote. C~rr~is3io~er Hiil u.ade a Wootion that the Board come out of executive session. Co~missi~ner S~law seconded the motion and it passed with a unanimous vote. - RECESS FOR LUNCH At 12 noon, Commissioner Hill made a motion that the Board recess for one hour. Commissioner Shaw seconded the motion and it passed with I 501 the follow~n~ vote: Ayes: 4, Noes: 1, Absent: 0 A~ : p.~.,Chairman Stewart called the meeting back to order. REQUEST FOR JOINT Geo:::-ge Jackson, Planni~g Director, presented a request from the MEETING WITH PLANNING Planning Board an~ Board of Adjustment for a joint meeting with the BOARD AND BOARD OF Board of Commissioners. Commissioner'Hil1 moved that a joint meeting ADJUSTMENT involving the thr~e Boards be set up. Commissioner Shaw seconded the motion and it passed with a unanimous vote. RESOLUTION TO DESIGNATE Vanessa W. Young, Finance Officer, presented for the Board's STANDARD BANK OFFICIAL consideration, a resolution designating Standard Bank & Trust Co., DEPOSITORY FOR H C Dunn, NC, as an official depository of funds for the County of .. Harnett. Commissioner Hudson moved that Commissioners Shaw and Titchener be excused from voting due to personal interests in Standard Bank. Commissioner Hill seconded the motion and it passed with a unanimous vote. Commissioner Hudson made a motion to adopt the resolution. Commissioner Hill seconded the motion and 'it passed with the following vote: Ayes: 3, Noes: 0, Absent: 0, Abstained: 2 (A t tachment 7) EXECUTIVE SESSION Commissioner Hill made a motion that the Board go into executive session. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Corr~issione= Titchener made a motion that the Board come out of execu~ive session. Commissioner Hill seconded the motion and it passe~ with a unanimous vote. APP'T OF HAROLD W. Commissioner Hill moved for the appointment of Mr. Harold W. Martin, ~4ARTIN TO PLANNING 3165 Lakewind, Sanford, to the Planning Board for a 3-year term to BOARD expire 12-94. Commissioner Shaw seconded the motion and it passed with a unanimous vote. GRANT FOR EMERGENCY Dallas H. Pope, County Manager, presented for the Board's HOMELESS FUNDS consideration, a proposed grant to Harnett County in the amount of $807 from the State Division of Economic Opportunity associated with Emergency Homeless Funds. Commissioner Hill moved for approval of the grant agreement. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The grant agreement is copied in full at the end of these minutes as Attachment~. RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented for the UTILITY SERVICE Board's consideration, a resolution authorizing execution of utility AGREEMENT WITH TOWN service agreement between County of Harnett and the Town of Linden. OF LINDEN Commissioner Shaw seconded the motion and it passed with a unanimous vote. The resolution with agreement attached is copied in full at the e~~ of these ~~~utes as Attachment 9~ RECESSED TO RECONVENE A'L.. 3 ~':'5 ~J<~-;.., C;:-..air:nan Stewart recessed the meeting to reconvene in a JAN. 8, WITH BD. OF ED. joi~~ ~eetin9 with the Board of Education on January 8, 1992, at 7 p. IT.. in the Board Meeting Room, County Office Building, 102 East Front Street, Lillington. ~e~~' i:~~~ c~60ard 1 ~<f.~ Kay S. lanchard, Recording Secretary I 502 ATTACHMENT 1. RESOLUTION REGARDING PROCUREMENT OF ENGINEERING SERVICES (WATER TREATMENT PLANT STUDY PROJECT) THAT WHEREAS, the County of Harnett, in association with its water facilities projects, desires to cause a study to be conducted relative to the expected water treatment plant capacity required for a twenty (20) year planning period and regarding recommendations lor ~otential upgrades to meet projected capacity and regulatory ~e~uiremants; and WHEREAS, it is the opinion of the Board of Commissioners of Harnett County (he~einafter sometimes referred to as the "Board") that it should employ engineers to conduct such study; and WHEREAS, the Board desires to employ an engineering firm which is competent and qualified to provide such services, but finds that in order to obtain the best pricing available and to hold costs at a minimum, it is of the utmost importance to consider the expense of obtaining the same; and WHEREAS, the Board is aware of the declaration of public policy regarding selection of engineers as expressed in N.C. Gen. Stat. S 143-64.31 et. seq.; and WHEREAS, such procedures as outlined in said statutes are not clear and may require the expenditure of unnecessary monies in order to comply with the same; and WHEREAS, N.C. Gen. Stat. S 143-64.32 authorizes units of local government to exempt particular projects from the provisions of N.C. Gen. Stat. S 143-64.3l in the sole discretion of the unit of local government, stating the reasons therefor and the circumstances attendant thereto; and WHEREAS, tha Board desires to exempt the above described Project f~om se,i"':: ;;:rovisions as hereinafter provided. , ~OW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Harnett County that; 1. Pursuant to N.C. Gen. Stat. S 143-64.32, the Water Treatment Plant Study Project and all matters associated therewith shall be and hereby is declared exempt from the provisions of Article 3D, Chapter 143 of the General Statutes of North Carolina (N.C. Gen. Stat. S 143-64.31 et. seq.). 2. The following reasons therefor and the circumstances attendant thereto are stated: a. Due to the desire of the County to obtain the best pricing available and to hold costs at a minimum, the County finds that it is vital that the expense of the engineering services desired be studied in the County's evaluation process. b. The County is uncertain as to what procedures it must follow under the statutes cited above and therefore desires to eliminate any difficulties it may incur related thereto. c. The County desires to procure the appropriate se::-vicea as described pursuant to the least costly procedure available. 3. The appropriate officers, agents and representatives of the County are hereby directed to take such actions as are required to effect the intent of this Resolution. Duly adopted this ~ day of January, 1992, upon motion made by Commissioner Shaw , seconded by Commissioner Hill , and adopted by the following vote: Ayes 4 Noes 1 Absent 0 Board of Commissioners of The County of Harnett 1 BY:' ~h ~~-- ~. stewart, Chairman ATTEST: I,[~ '--Le. ''--f! \C\fi/Y-' .' Vanessa W. 'Iom1g, (I ~ ClerK of the 30ard ) 503 A TT ACHMENT 2. RESOLUTION ACCEPTING OFFER TO SELL REAL PROPERTY PURCHASED AT TAX FORECLOSURE SALE THAT WHEREAS, the County of Harnett did previously purchase those certain lands known as the William Prentis Walker lands in a tax foreclosure sale held on or about 29th day of May, 1987 for a bid of $883.09; reference is made to that certain foreclosure action entitled "County of Harnatt ~s. william prentis Walker et a1s", 85 CVD 0666; and WHEREAS, the Harnett County Board of Commissioners did on November 18, 1991, authorize the sale of the aforementioned property by negotiated offer, advertisement and upset bid; and WHEREAS, an offer was made to the County of Harnett in the amount of $1,250.00 by Elsie C. Lee and that a notice of said offer was advertised in the Harnett County News newspaper on December 4, 1991 and that said bid has not been raised or upset by advance bid; and WHEREAS, the advertised notice contained a general description of the lands to be sold, the amount and terms of the offer from Elsie C. Lee and a notice that within ten (10) days any person may raise the bid by not less than a $112.50 raise and that any such person should contact Vanessa W. Young, Clerk to the Board of Commissioners at her office in the County Office building in Lillington, NC and make deposit of ten percent (10%) of the raised bid; and WHEREAS, it appears by representations of E. Marshall Woodall, Harnett County Tax Attorney, who has handled the proceeding of sale for and on behalf of the County of Harnett, that Elsie C. Lee has been the only bidder involved in making an offer and that no upset bids were made on the subject property and that further it appears that the property is a vacant tract of land; and WHEREAS, it appears to the Board of Commissioners that the price being offered by Elsie C. Lee is a fair and reasonable price and is as much as can reasonably be expected to be received from the sale of said property and that said offer should be accepted and the officials of the County be authorized to execute a deed transferring the property to said offeror. NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: FIRST: That the offer of Elsie C. Lee to purchase the aforementioned real property for the sum of $1,250.00 be and the same is hereby accepted; SECOND: That the Chairman and Clerk to the Board of 1 Commissioners be and they are hereby authorized to execute in the name of the County of Harnett a deed conveying the aforementioned property to said offeror upon the payment by her of the purchase price; THIRD: That E. Marshall Woodall, Harnett County Tax Attorney shall submit his bill for services rendered and expenses incurred in the advertisement of said property and other costs of sale to be submitted to the County Manager for approval for payment by the Harnett County Auditor; 504 FOURTH: That the officials of the County of Harnett be and they are hereby authorized to do and perform all acts and things necessary to carry out the intent of this resolution. Duly adopted in regular session held January 6, 1992. HARNETT COUNTY BOARD OF COMMISSIONERS ~I ~' . . Ii- By: L:~ //" ;. I~. - L oy'/. G. Stewart, Cha1.rman Attest: /---- \ I ) \...f ^ 'V~r-- 1iv' v \~/ Vanessa W. Young, chatrman ~ CERTIFICATION I, Vanessa W. Young, Clerk of the Harnett County Board of Commissioners, do hereby certify that the above resolution was adopted by the Harnett County Board of Commissioners on January 6, 1992, and is true and accurate account of action taken by the Board. ,t ) "'i~ '1l.'-{I;b~ / Vanessa W. Young, Clerk r\ ~ Harnett County Board of ~ommissloners RecordlngTlme, Book and Page ExclseTax Parcel Identifier No. ............... Tax Lot No. .......................... d f 1992 County on the .... ay 0 .........., Verified by .................... . .................................. by ...................................... Mail a~te= re~ording to WOODA~L, FELMET & PHELPS, P.A.. i NC 27546 , Att~r~~Y3 at Law, POBox 39, L1.ll ngton, This instrument was pLeper~d ~y ~. Marshall Woodall NORTH CAROLINA NON-WARRANTY DBBD THIS DEED made this 6 day of January , 1992 by and between GRANTOR GRANTEE THE COUNTY OF HARNETT ELSIE C. LEE a body politic Post Office Box 304 Bunnlevel, NC 28323 Enler In approprialcblock ror each parly;name, address, and ir approprlall,:haractelOr entlty,e.q, corporalionor partnership The designation Grantors and Grantees as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has bargained and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in the Stewart's Creek Township, Harnett County, North Carolina and more particularly described as follows: BEGINNn~G at a stake on the Wese aide of the Postal Telegraph Road, same be1ng the Southeast corner of the Catherine Byrd Lewis 163 acre tract, and runs as said tract South 82~ degrees West 200 feet I to a stake; thence North 16 degrees East 100 feet to a stake; thence North 82~ degrees East 200 feet to a stake in said Postal Telegraph Road; thence down said road South 16 degrees West 100 feet ,to the point of BEGINNING and being a lot containing a. fract10nal part of an acre. Being.that certain ~arcel described in a deed from Robert Maynor and w1fe, Lula Maynor to William Mitchell Walker, Sr. and wife, Vada M. Walker, dated December 20, 1948 and recorded in Book 367 Page 243, Harnett CouBty Registry. ' :~~d:~fth~r r.efe.rence, see Commissioners Deed from E. Marshall 1987 and r~:,:~:~or:r8:~k ~~~ c~untY4703f Harnett dated October 1, , age , Harnett County Registry. TO HAVE AND TO HOLD the afore~aid 1 t and appurtenances thereto belonning Oto Otrh paGrCelt 9f iland an~ all privileges ..~ e ran ee n fee s1mple. --- - 505 IN WITIIESS WHEREOF the Grantor has caused this instrument to be signed in its nan~ by its dul; authorized officers pursuant to a resolution authorizing such act at the regular meeting of the Harnett County Board of Commissioners held J,nuary 6, 1992 (a copy of said resolution marked Exhibit "A" being attachfd) and has caused the County's official seal to be hereunto affixed the dar and year first above written. COUNTY OF HARNETT By: ~ AT.Ak-J -(Seal) Ll y G. Stewart, Chairman Board of Commissioners of Harnett County ATTEST: f. 'f J '-J'J . 1 a.....~ , ,! . l...' ll.LL Van.... ~. Younq, 9. erk~ *******,~***~****~****w***************~**********************..........*..... NORTH C.l\RO~I~A ACKNOWLEDGEMENT HARNETT COUtJTY I, a Notary Public of the County and State aforesaid, certify that Lloyd G. Stewart personally came before me this day who being by me duly sworn, deposes and says: that he is the Chairman of the Harnett County Board of Commissioners and Vanessa W. Young is the Clerk of said Board, that the seal affixed to the foregoing instrument is the official seal of Harnett County, that said instrument was signed and sealed by him, attested by the said Clerk and the County's seal affixed ~~t'.1'~:' ,!, ',h:-,,' ~. thereto, all by authority of the Board of Commissioners of said County, and the said Lloyd G. Stewart acknowledged said .,{:-,~ ~ '- f... f.: C,I,j ~J"#"6 instrument to be the act and deed of Harnett County. ~, I~" ;"""~:'.Iiir:l..' 1,CJ to.\. ,'~. 't~ ~.1': ~, ':' .~\ . (\\r'.~~r) \i This the Co day of January, 1992. ..<- f1UGlI t, j. '" J ~':~ ~ ~,:~: ..~. (~ K. fLt-L'}/'dAV'Lfl1i to}: '~E ..~...et'" . ,\. ~ '~'" rr COl!'\\,...... ~~1I~'",~ a,..It. ,1\'" Notary Public My Commission Expires: ~ J:2 J lq9:L ********************* h ********************************************.*...*...... T e fore,oing Cert::'=icE.~e (s) of is/are c~rtified to be c t h'. . duly reglstered at the d~~~e~nd t: ~s ~~siruct~on and this certificate are first palJe hereof. ~me an n the Book and Page shown on the GAYLE P. HOLDBR, REGISTER OF DEEDS FOR HARNETT COUNTY BY: DeputY/Assistant-Register of Deeds. I 506 ATTACHMENT 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 of Transportation add to the State's Secondary Road System for maintenance, an unnamed street in subdivision owned by Jerry, F. Lee and Margaret T. Lee, and located off SR 1802 near Dunn, North Carolina. Adopted this 6th day of January, 1992. HARNETT COUNTY BOARD OF COMMISSIONERS I . ~. /f7~- Stewart, Chairman ATTEST: -. / " /" 'i L' l{ k . (J'~ .,'. ' ,,4./\.f{) / VanessaW. You99' Cl~k ATTACHMENT 4. HARNETT COUNTY NORTH CAROLINA RESOLUTION THAT W~EREAS. RarnEtt :ounty is currently being ~r:)Vided .JOG ':':Cc?,::,~ir.1]; ?~,::t'ers:-~i.,;. ~ct programs through the :"Ic,....dJ ':;',,: ;"T..:' '..:.c:-./"-";;,;'~:':,,2(,-';: ;;'..'0;;. .;;.;:L'll.ca Deli very Area .s;d.niZl..\,o,'i.".e:::<ac' ;.:::,~ ';:'::,..: :'CJ;;:':':::,:" Z.~;.:-=-a Job Training Consortium~ ::to:'"/!.:': WHERiAS, t~~ Capital Area Job Training Consortium has been approved bi'the Governor to continue as a Job Training Partnership Act Service Delivery Area for the period JUly, 1992 through June, 1994~ and WHEREAS, Harnett County desires to continue improvement and enhancements to the Job Training Partnership Act programs~ and WHEREAS, it has been determined that Harnett County should continue as a member of the Capital Area Job Training Consortium. NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners hereby authorizes the Chairman of the Board to execute an agreement between the County of Harnett and the Capital Area Job Training Consortium for the purpose of providing Job Training Partnership Act programs. Adopted this 6th day of January, 1992. . I ImRNETT COUNTY BOARD OF COMMISSIONERS . ~--tb/~ v / L~yd G. Stewart, Chairman ATTEST: -I '--f ! .~.}. la..~, I ,l . 'U~"'i' Vanessa W. Youn , Cl~k ~ ~...~ ~ --- 507 CAPITAL AREA JOB TRAINING CONSORTIUM AGREEMENT ARTlCLF. I. TITLE AND PURPOSE The contiguous units of local governmpnt listed below agree to establish a job training consortium to act jointly as a Service Delivery Area (SDA) under the Job Training Partnership Act of 1982 (JTPA). as amended. This consortium shall be known as the Capital Area Job Training Consortium. ARTICLE II. MEMBERSHIP ,The consortium shall be composed of the following'independent and contiguous units of general purpose local government: County of Wake County of Johnston County of Harnett ARTICLE III. CERTIFICATION OF AUTHORITY 1. AUTHORITY UNDER STATE AND LOCAL LAW The member units of Bovernment certify that: They possess full legal authority. as provided by state and local law. to enter into this agreement and to fulfill the legal and financial requirements of operating ~s a SDA under JTPA for the entire geographic area covered by this agreement. 2. SPECIFIC RESOLUTIONS TO ENTER INTO AGREEMENT A copy of the resolution and appropriate councilor board meeting minutes giving the county. city or other general purpose local government, specific authority to enter into this consortium agreement is included and attached to this document. , 3. DESIGNATION OF CHIEF ELECTED OFFICIALS FROM EACH MEMBER UNIT OF GOVERNMENT Each member unit of government acknowledges that contem- poraneous with the resolution authorizing this agreement, the member unit will pass a resolution designating a chief elected official for JTPA purposes upon whose representations the State, the PIC, the administrative entity and the other member units may rely. Such person shall be the signatory of this agreement and shall be authorized to execute such other agreements as are necessary for JTPA purposes. 4. DESIGNATION OF CHIEF ELECTED OFFICIAL FOR SERVICE DELIVERY AREA The member units provide that the Chairman of the Wake County Board of Commissioners shall be authorized to exercise the functions of the Service Delivery Area chief elected official, which are ,required under JTPA. The member units further provide that this authority may be delegated to the Wake County Manager. ARTICLE IV. DURATION This agreement will become effective on the date of the last chief elected official's signature and shall continue in effect for two years or until otherwise amended. ARTICLE V. FINANCING l. It is anticipatpd that funding necessary to implement this agreement will be derived from federal grant funds received through the Governor. In the event that'it is necessary to appropriate nonfederal funds for the purpose of repaying misexpenditures or other non-JTPA expenditures that are not necessitated by repayment orders such as unallowable legal fees. insurance or excessive administrative costs, repayment shall be made by the member county in which the misexpendi- ture occurred. 2. The units of local government acknowledge that they are jointly and severally accountable for liabilities arising out of activities under JTPA and for all funds received by the SDA grant recipient pursuant to JTPA. Liability in- cludes, but is not limited to. responsibility for prompt repayment from nonprogram funds of any misexpenditures by the administrative entity of the SDA. or any of its subre- cipients or contractors, or the PIC. 3, Any entity or joint agency created or designated by this Service Delivery Area, including the Private Industry Council and Administrative Entity, shall be ,considered a public agency for the purposes of the Local Government Budget and Fiscal Control Act. ARtiCLE VI. ESTABLISHMENT OF A PRIVATE INDUSTRY COUNCIL' The member units of government agree that the Private Industry Council shall be established in accordance with Section 102 of JTPA. The Chairman of the Wake County Board of Commissioners shall appoint members of the PIC from among persons nominated or recommended by appropriate agencies representative of any member county. 508 ARTICLE VII. APPOINTMENT OF PERSONNEL Appointment of personnel shall be as described in the Capital Area Job Training Consortium Private Industry Councill Chief Elected Official Agreement. ARTICLE VIII. OWNERSHIP OF REAL PROPERTY 1 The Capital Area Job Training Consortium will neither acquire nor dispose of real property. ARTY CLE IX. AMENDHEtoT5 Th2 agreem~a~ ~?y ~e amended at nny time upon the consent of all of the plr:ies as ~vidE~ce~ by resolution of thp governing bodies of each memoe~ bovernme~L and as approved by the State. Whenever the position of designated Chief Elected Official for this Service Delivery Area becomes vacant, the individual selected as a replacement shall be approved through an amendment to this agreement by resolution of the governing bodies of all member governments. ARTICLE X! TEl MINATION The parties to this agreement may request termination at any time upon six months prior written notice, such termination to be effective when the Governor considers SDA redesignations or at the end of the then current subgrant agreement year. ARTICLE XI. HOLD HARMLESS Each party hereto agrees to ho:!.d the other harmless for any loss incurred, either to person or property, including reasonable attorney's fees, due to any act or omission on the part of either 'County, its agents, or employees as a result of operations conducted pursuant to this contract and within the boundaries of the member county. Chairman, Wake County Board of Commissioners , , Date: . ATTEST Chairman, Johnston County Board of Commissioners Date: ATTEST ~J )?-; ~t\ Ch ~n,'Harnett County ~ Board of Commissioners ,- Date: /-/,.-qJ.J /" / ' - ~~J ~ A-fL ' a..--.. '-f " ~k ~.\----, ATTEST , fJ J \ - 509 ATTACHMENT 5. HARNETT COUNTY 1 NORTH CAROLINA RESOLUTION THAT WHEREAS, the North Carolina General Assembly enacted Senate Bill 165, Chapter 241, of the 1991 Session Laws which establishes a Home and Community Care Block Grant for Older Adults; and WHEREAS, the Block Grant combines certain federal and state appropriations supporting home and community care for older adults which are currently administered by the state Division of Aging and Social Services; and WHEREAS, the legislation does require that allocations made to counties shall be no less than funding for SFY 90-91 contingent upon availability of current state and federal funding; and WHEREAS, the Home and Community Care Block Grant is intended to simplify the administration of aging services by establishing uniform service standards, eligibility, reporting a~d reimbursement policies for all funding sources contained in the Block Grant; and WHEREAS, the regional agency currently providing older adult services to Harnett County is the Mid-Carolina Council of Governments, Area Agency on Aging; and WHEREAS, it has been determined that Harnett County should continue to receive services and designate as the Harnett County lead agency the Mid-Carolina Council of Governments, Area Agency on Aging as required by Senate Bill 165 for FY 92-93. NOW, THEREFOR~, BE IT RESOLVED that the Harnett County Board of Commissioners hereby designates the Mid-Carolina Council of Governments, Area Agency on Aging as lead agency for Harnett county involving the Home and Community Care Block Grant for Older Adults as required by Senate Bill 165 for FY 92-93. Adopted this 6th day of January, 1992. HARNETT COUNTY BOARD OF COMMISSIONERS ~~j ~~- ATTEST: - Ip'oyd cr:- St watt, Chairman ~- I ~( . i t \> O./~.J (j,-./.'-t .,vv-P Vanessa W. Young Clefk ATTACHMENT 6. RE: MONTHLY REPORT TO COMMISSIONERS AND STATEMENT OF FEES AND CHARGES FOR THE KONTH OF DECEMBER 1991 1. Tax Suits Dismissed: SUIT NO. *AMOUNT COL. **COURT ATTORNEY NAME COSTS FEES Anderson Creek TownshiD 1,057.83 251. 62 200.00 Elliott, Sarah 91 CVD l344 Averasboro Townshi~ 9,256.72 309.82 250.00 Wellons Construction 91 CVD 0568 l,084.82 1,000.00 Wellons Realty 91 CVD 0566 8,086.58 90 CVD 0863 1,731.69 395.00 350.00 Purcell, Gilbert 6l8.97 75.00 75.00 williams, Jerry No CVD Barbecue Township 1,072.88 225.81 175.00 Wood, Jimmy 91 CVD 1413 Black River Township 2,6l2.06 25.00 25.00 CWC, Inc. No CVD Grove Township l5,079.23 1,414.43 1,350.00 Wellons Realty 91 CVD 0567 89 CVD 1520 2,660.70 409.20 340.00 McKoy, Rebecca 50.00 50.00 Westbrook, Gene No CVD 477.84 Johnsonville Township 1,151.70 230.75 175.00 Campbell, Carl 9l CVD 1312 Hall, Gary A. 90 CVD l212 395.14 256.02 200.00 Hall, Gregory A. No CVD 731. 20 l25.00 l25.00 Smith, Bobby 90 CVD 1041 265.82 199.04 175.00 Stewart's Creek Township 399.00 350.00 Elliott, Mary 90 CVD 1177 1.263.02 Subtotal 46,461. 38 5,450.51 4,840.00 -- 510 NOTE: * Total collected includes taxes, interest and Court costs. ** Court costs includes attorney fees allowed by Court. Additional Attorney's Fees: CHARGE DATE EXPLANATION TIME l2-2-9l Conference with Bobby Wicker; discussion with County Attorney regarding bad check procedure; 1 telephone discussion with Ron Aycock 60.50 regarding Keith Hills Golf Course 1.10 12-3-91 Research of law and review of tax file on Keith Hills Golf Course; telephone discussion with Mi~hael Brown; telephone discussion with Bobby Wicker 1. 70 93.50 12-3-91 Letter to Bobby Wicker regarding bad checks procedure .20 ll.OO 12-3-91 Conference with Campbell College officials at Tax Office .70 38.50 l2-4-91 Letter to Bobby Wicker and other County officials regarding bad check procedure .50 27.50 12-11-91 Conference with Dallas pope, Bobby ~icker and Vanessa Young .70 38.50 J.2-23-9:i. WilQert Lockamy - 89 CVD 1497 Service3 in connecti0n with tax suit l75.00 To~al Addi~ional Attornay's Time and Fees 4.90 444.50 TOTAL ATTORNEY'S FEES $5,284.50 2. Advanced Costs: DATE EXPLANATION CHARGE 12-l6-91 Lillington Postmaster - postage Jimmy R. wood - 91 CVd 1413 .8l 12-16-91 Sheriff of Roberson County - service fees Richard Campbell - 91 CVD 0843 5.00 12-l6-91 Lillington Postmaster - restricted delivery Armando Valdez - 9l CVD l095 lO.04 12-16-91 Sheriff of Lee County - service fee Jimmy Wood - 9l CVD l413 5.00 12-30-91 Lillington Postmaster - certified mail Daniel Mimms - 91 CVD 820 2.52 Total Advanced Costs 23.37 SUMMARY OF CHARGES & FEES Attorney's fees - Tax Suits 4,840.00 Attorney's fees - Other Services 444.50 Advanced Costs 23.37 BALJ\l.\fCE t'l':<; $5,307.87 3. New Suits Started duri3J the month of October, 1991 Averasboro Townshic Blanche Walker Annie Groves Barbecue Townshic Jimmy R. Wood Sherry Anderson Grove Townshic Irene Walden Stewart's Creek Townshio Eddie Jenkins Uooer Little River Townshio Tommy Harris :;)AWI.J /CUA ~cr~yJ)r~ E. Marshall Woodail - Post Office Box 39 1 Lillington, NC- 27546 Tal.:l;?hone: (919) 893-51>1 5 1 1 ATTACHMENT 7. RESOLUTION Be it resolved that the Harnett County Board of Commissioners authorize the following ban}: to be designated as official depository I for funds for the County of Harnettr Standard Bank & Trust (0., Dunn Duly adopted this 6th day of January, 1992. i)' )J ~~( # ATTEST; /'U~ '1L ~ ---.iJ /'1 c \t~U,v,ri , Clerk to the Board () 0 CORPORATE AUTHORIZATION RESOLUTION A. I, Vanessa W. Young ,certify that I am i911"'ij'pr',' (clerkl of Harnett County General Fund , a corporation organized under the laws of North Carolina Federal Employer 1.0, Number 56-6000306 and that the following is a correct copy of resolutions adopted at a meeting of the Board of Directors of this corporation duly and properly called and held on Januarv 6. ,19 92 . These resolutions appear in the minutes of this meeting and have not been rescinded or modified. B. Be it resolved that, (1) Standard BAnk & Trust Co. (hereinafter Financial Institution) is designated as a depository for the funds of this corporation. (2) This resolution shall continue to have effect until express written notice of its rescission or modification has been received and recorded by this Financial Institution. (3) All transactions, if any, with respect to any deposits, withdrawals, rediscounts and borrowings by or on behalf of this corporation with this Financial Institution prior to the adoption of this resolution are hereby ratified, approved and confirmed. (4) Any of the persons named below, so long as they act in a representative capacity as agents of this corporation, are authorized to make any and all other contracts, agreements, stipulations and orders which they may deem advisable, from time to time with this Financial Institution, concerning funds deposited in this Financial Institution, moneys borrowed from this Financial Institution or any other business transacted by and between this corporation and this Financial Institution subject to any restrictions stated below. (5) Any and all resolutions adopted by the Board of Directors of this corporation and certified to this Financial Institution as governing the operation of this corporation's account(s), are in full force and effect, unless supplemented or modified by this authorization, (6) This corporation agrees to the terms and conditions of any account agreement, properly opened by any authorized representative(s) of this corporation, and authorize the Financial Institution named above, at any time, to charge this corporation for all checks, drafts, or other orders, for the payment of money, that are drawn on this Financial Institution, regardless of by whom or by what means the facsimile signature(s) may have been affixed so long as they resemble the facsimile signature specimens in section C. (or the facsimile signature specimens that this corporation files with this Financial Institution from time to time) and contain the required number of signatures for this purpose. C. If checked, any person listed below (subject to any restrictions indicated) is authorized to: Name Title LSignature , ' Facsimile Signature Vanessa W Young W ~ (If used) Finance Officer ~ .'V1~ ~~ ~. rr J u' :g: (1 ) Open any deposit or checking account(s) in the name of this corporation. n (2) Endorse checks and orders for the payment of money and withdraw funds on deposit with this Financial Institution, Number of authorized signatures required for this purpose 1 0 (3) Bo;,'ow money on behalf and in the name of this corporation, sign, execute and deliver promissory notes or other evidences of indebtedness. Number of authorized signatures required for this purpose 0 (4) Endorse, assign, transfer, mortgage or pledge bills receivable, warehouse receipts, bills of lading, stocks, bonds, real estate or other property now owned or hereafter owned 'Or acquired by this corporation as security for sums borrowed, and to discount the same, unconditionally guarantee payment of all bills received, negotiated or discounted and to waive demand, presentment, protest, notice of protest and notice of non.payment. Number of authorized signatures required for this purpose 0 (5) Enter into a written lease for the purpose of renting and maintaining a Safe Deposit Box in this Financial Institution. Number of authorized persons required to gain access and to terminate the lease * * * * * * * * * * * * * * D. I further certify that the Board of Directors of this corporation has, and at the time of adoption of this resolution had, full power and lawful authority to adopt the foregoing resolutions and to confer the powers granted to the persons named who have full power and lawful authority to exercise the same and that this authorization revokes any prior authorization on file with this Financial Institution. Adopted by, resolution which is included as Attachment 1.. In Witness Whereof, I have hereunto subscribed my name and affixed the seal of this corporation on IMPRINT Januarv 6 19 92 . ~~y SEAL HERE ~~ .4. 6e~h('A a./ld Secretary Dallas H./Pope, C Kay S. Blanchard, Sec. to Board of Commissioners e 1985 BANKERS SYSTEMS, INc.. S1 CLOUD, MN 56301 FORM CA,l 919/85 ~ 512 EMERGENCY HOMELESS FUNDS ATTACHMENT 8. STATE OF NORTH CAROLINA COUNTY OF HARNETT THIS AGREEMENT, made and entered into this 1st day of January 1992 including all conditions attached hereto, by 1 and between Harnett County Board of Commissioners, hereinafter referred to as "Grantee", and North Carolina Department of Human Resources, hereinafter referred to as "Department"; WIT N E SSE T H: NOW, THEREFORE, in consideration of the mutual promises to e~ch other, as he~einafter set forth, the parties hereto do mutuC'l.:':;'y a9rEe c..t:' icllow&: 10 ~ar. the period January 1, 1992 until February 29, ~992 ~he ~~a~tee hereDY agrees to provide food, clothing, shelter, ~nd other essential services to homeless persons under ~he following circumstances: ' (a) when no other source of funding is available, or (b) when barriers exist that delay or prohibit the obtaining of services from existing agencies in a timely manner. 2. For the period January 1, 1992 until February 29, 1992 the Department hereby agrees to pay the Grantee a total sum not to exceed Eight Hundred Seven Dollars ($807) Emergency Homeless Funds, said sum to to be full and complete compensation for services to be rendered under this agreement for the specified period. 3. The Grantee shall comply with all applicable laws, ordinances, and rules of the Federal, State, and local governments. The Grantee shall be liable for all costs, including but not limited to fines and penalties, resulting from violations of or failure to comply with Federal, State, and local laws and regulations. I 4. The services of the Grantee are to commence on the fir~t day oi the s~ecified period and shall be undertaken a;:,d c.;;;::;,:;?~>~~A(, 1:7 t~j;:; b.st day of the specified period. I' z~~ Grante~ will have mechanisms in place to assure ....0 . c:;,-;:<':iZ>cc.i.:='io.. ;'.n '-.~f.: I:,se of these funds among local agencies ser-"j.n~ i:ic.e. } orn~ll!ss. ,6. The Grantee agrees to include these funds in its single agency audit conducted in accordance with the applicable federal circular, OMB Circular A-128 or OMS Circular A-133. 7. Any changes in the obligations of any party under this agreement shall be incorporated in written amendments to this agreement. Changes which will increase or decrease the Grantee's compensation shall not be effective until they have been approved by the Department head or his authorized agent. 8. The Grantee agrees to submit a report to the Department on their expenditure of funds under this agreement by March 11, 1992. The report must include: (a) the number of homeless individuals and families provided emergency assistance" , , (b) a description of the emergency situations Cor :, ., which funds were used, ,"," ,; '::r;,,~'~,~"', 'd~ (e\ a description of the homeless served to include chara.c'teristi(.;s--e. g., mentally ill, single ~dt7,:" t.s, c;.~\.'~ a~\...l?ers, families, children, and .~. ~ -::1:1:.. ::.s.::le:=. of Ivcal agencies/groups/organizations :..nvc:,\'ed in emergency assistance efforts. I~ WITNESS WHEREOF, The Grantee and the Department through their authorized officers have executed this agreement. North Carolina Department of Human Resources Division of Economic Opportunity WITNESS: a;;:2D~ ~A~ ( IU GRANTEE: Harnett County Board of Commissioners WLS' I ~o!ian~ .Y'l '" " ~ '--t I '"...... , - .~ ~~.L !L ~.r. )I Chairman, President, V.P. Title Chai,man, Board of Commissioners ~- 513 I ATTACHMENT 9. RESOLUTION AUTHORIZING EXECUTION OF UTILITY SERVICE AGRE~MENT . Commissioners of the County of I THAT WHEREAS, the Board of Harnett has reviewed that Utility Service Agreement between the County of Harnett and the Town of Li~den attached hereto as Exhibit 1; and WHEREAS, said Board desires that the County enter into said Agreement as set forth; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett that: l. The County of Harnett shall be and hereby is authorized to enter into that Utility Service Agreement attached hereto as Exhibit 1. 2. The appropriate officers of the County of Harnett are hereby authorized and directed to execut;e the same for and in behalf of the County. Duly adopted this 6 day of January, 1992, upon motion made . by Commissioner Shaw , seconded by Commissioner , Hill , and adopt~d by the following vote. I Ayes 5 Noes 0 Absent 0 B~ard of Commissioners of the County of Harnett By: ~~ )J /Mw":"t - L', o~( G. Stewart, Cha~rman of t e Board A/st: I 1,~~ '-[t-. '-C,~,vv~ /' Vanessa W. Young J Cler. to the Board EXHIBIT 1. NORTH CAROLINA UTILITY SERVICE AGREEMENT HARNETT COUNTY , THIS AGREEMENT is made and entered into this day of January, 1992, by and between the COUNTY OF HARNETT (hereinafter sometimes referred to as "County"), and the TOWN OF LINDEN (hereinafter sometimes referred to as "Town" ) . WIT N E SSE T H : THAT WHEREAS, County is a body'politic organized and existing under the laws of the State of North Carolina and as a part of its governmental functions operates the Harnett County Department of Public Utilities; and WHEREAS, Town is a municipal corporation duly organized and existing under the laws of the State of North Carolina; and WHEREAS, Town is completing construction of a water dibtribution system to supply potable water to its citizens and other area residents; and. WHEREAS, Town has requested that County, through its Department of Public Utilities, perform certain tasks and services for Town with respect to the operations 'of Town's water system; and ~'T 514 WHEREAS, County, through its Department of Public Utilities, agreed to perform such tasks and services as are herein has described; and WHEREAS, County and Town now' desire to set forth the terms and conditions cf th~ir aqreements regarding these matters. NOW, THEREFORE, in consideration of the foregoing and the mutual agreements hereinafter set forth, county and Town agree as 1 follows: SECTION ONE METER. READING County agrees to provide meter reading services to Town and Town agrees to accept such services upon the following terms and conditions: A. Each meter through which Town supplies and sells water shall be read on a monthly basis by the County. The time each month when such readings shall be made shall be administratively determined by the appropriate representatives of Town and County. R. within ten (10) dayS after the meter readings have been completed, the Cou~ty bhall deliver the results of said readings in written form ~o Town. C. Town agrees to pay to County, upon monthly billing by County, the amount of eighty-eight cents (.88) per meter read for each meter reading cycle. In the event that a meter re-reading should be requested by Town, the cost of such re-reading shall be Five Dollars ($5.00) for each meter re-read, provided however, that no charge shall be made for a re-reading when it is determined that County erred in the original reading. D. Billings for meter reading services and payment therefor shall be made pursuant to and in accordance with Section Three of this Agreement. SECTION TWO o'.cH~a SERVIC~S County agrees to ?~ovide new water tap installation service, twenty-four (24) hour emergency repair service, meter installation service (the installation of a meter in an existing meter housing uni t) , water cut off and cut on service and operation and maintenance service for the chlorination system located at the meter facility (through which water is supplied to Town by County) to Town and Town agrees to accept such services upon the following terms and conditions: A. County agrees to provide the above described services to Town, upon notice by Town of the requirement therefor, in I accordance with the following schedules of costs to be paid by Town: Labor/Eauiome.nt Reaular Time Overtime 1 man $ l5.00jhr. $ 22.50jhr. 2 man crew 22.83/hr. 34.25/hr. 1 3 nan cr1::W 29.42/hr. 44.13/hr. Backhoe 35.00/hr. 35.00/hr. Trucks & Other Equipment 20.00/hr. 20.00/hr. Materials and chemicals will be invoiced to Town at County's cost, plus 2.5%. B. There will be no charge for cut offs and/or cut ons up to five (5 ) per month. Thereafter, cut offs and cut ons will be made at a cost of Five Dollars ($5.00) per cut on or cut off made. C. Services for new water tap installations shall be performed by County within fourteen (14) working days after notice of the requirement therefor from Town is made to County. Services 515 for meter installations and water cut ons and cut offs shall be performed by County within two (2) working days .after notice of the requirement therefor from Town is made to County. Scheduled I repairs or maintenance shall be performed by the County upon mutual agreement with the Town. Emergency repairs shall be made as soon as practicable by County after notice by Town. D. General inspection shall be provided twice each week at the rate applicable for one-half ( l/Z) man hour per visit, or a minimum amount equal to the rate applicable for one (1) man hour per week. E. Notice to perform the services described in this Section shall ~e made by Town by telephonic communication to County, ::ollowed by a written statement regarding the same mailed to County. F. Services provided by County as set forth in this Section shall be completed in a good and workmanlike manner. G. Billings for the services set forth in this Section and payment therefor shall be made pursuant to and in accordance with Section Three of this Agreement. SECTION TRREE BILLING AJlD PAYMENT A. County will furnish Town not later than the tenth (10th) day of each month with an itemized statement of the costs for meter reading and other services provided by County to Town for the preceding month. B. Town agrees to pay County, not later than the twen~ieth (20th) day of each month, the amount due as set forth on the itemized statement described in subsection A above. SECTION FOUR GENERAL PROVISIONS A. Term. The term of this Agreement shall commence as of the date the same has been executed by both Town and County and shall extend for a term of five (5 ) years, and thereafter may be renewed or extended for such term, or terms, as may be agreed upon by County and Town. In the event Town determines at any time during the initial term or any extension of this Agreement that it shall cause the services herein described to be performed by Town employees, upon sixty (60) days written notice to County, Town may terminate this Agreement. In the event of such termination, any materials and chemicals purchased by County for the exclusive use by it in the performance of this Agreement with Town, shall be purchased by Town at the costs hereinabove set forth. 1 B. Modification of Aoreement. The provisions of this Agreement pertaining to the costs to be paid by Town for services provided by County shall be subject to modification at the end of each year period. Should cost increases be required by County, notice thereof shall be supplied to Town as soon as practicable. Any increase or decease in costs shall be based on a demonstrable increase or decrease in the costs of performance hereunder. Modifications to this Agreement may also be made by the mutual written agreement of the parties. -- 516 c. l~aulatorv Aaencies. This Agreement is subject to such rules, regulations, statutes and/or laws as may be applicable to such or similar agreements in this State and the parties hereto agree to collaborate when necessary to obtain such permits, 1 certifications, or the like, as may be required to comply therewith. D. Noticas.. Any notica cr c';:;her writing to be provided hereunder to Town shall ~e mailed by first class mail to the Town of Linden at the following add=ess: Post Office Drawer 61 Linden, NC 28356 Any notice or other writing to be provided hereunder to County shall be mailed by first class mail to the Harnett County Department of Public Utilities as the following address: Post Office Box 1119 Lillington, NC 27546 E. Authoritv. The County and the Town represent and warrant, each to the other, the existence of all capacity, authority, resolutions and actions necessary to execute this Agreement. F. Duolicate Oriainals. This Agreement is executed in dup~ica~e originals, ~na of which is retained by each party hereto. Executeci by Cc.:.n"t}. :>f Harnett, this 6 day of January, 1992. County of Harnett By' ~ fiJ /~ru..A ~ 'loy G. Stewart, Chairman Boartl of Commissioners Attest: I , 1 .-') .. '1' . '-../' iJ'~O-wA./ ,0, l...- ~ Vanessa j.~oung, !lerio the Board Executed by Town of Linden, this day of January, 1992 . Town of Linden By: Velma Davis, Mayor Attest; Frances Colli~r, Clerk I