05212001z
B ARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
May 21, 2001
The Harnett County Board of Commissioners met in regular session on Monday, May
21, 2001, in the County Administration Building, 102 East Front Street, Lillington,
• North Carolina.
Members present: Teddy J. Byrd, Chairman
Beatrice Bailey Hill, Vice Chairman
Dan B. Andrews
Walt Titchener
Tim McNeill
Staff present: Neil Emory, County Manager
Wm. A. (Tony) Wilder, Assistant County Manager
Dwight W. Snow, County Attorney
Shirley C. Wicker, Administrative Assistant
Chairman Byrd called the meeting to order at 7:00 p.m. and Commissioner Titchener
led the pledge of allegiance and prayer.
Commissioner Andrews moved to approve the agenda as published with the addition
of a proposed NC DOT Block Grant Agreement for the Airport to the consent agenda.
Commissioner Hill seconded the motion and it passed unanimously.
Upon motion by Commissioner McNeill and seconded by Commissioner Titchener,
the Board unanimously approved the following items on the consent agenda:
• 1. Minutes: Regular Meeting,
egu ar g, May 7, 2001
Special Meeting (Budget Workshop), May 14, 2001
Special Meeting (Budget Workshop), May 15, 2001
Special Meeting (Budget Workshop), May 16, 2001
2. Budget Amendments:
429 Sheriff s Department (Fund 110-General)
Code 110-0000-399.00-00 Fund Balance Appropriated $18,500. increase
110-5100-420.41-13 Operating Utilities 18,500. increase
432 General Services -Restitution (Fund 110-General
Code 110-7930-441.12-00 Salaries & Wages, p.t.
820. decrease
110-7930-441.11-00 Salaries & Wages
750. increase
110-7930-441.21-00 Group Insurance Expense
30. increase
110-7930-441.23-00 Retirement Expense
30. increase
110-7930-441.23-01 Supplemental Retirement
10. increase
433 Emergency Services (Fund 110-General)
Code 110-5300-420.21-00 Group Insurance Expense
3,200. decrease
110-5300-420.22-00 FICA
1,000. decrease
• 110-5300-420.23-01 Supplemental Retirement
450. decrease
110-5300-420.26-08 Worker's Compensation
416. decrease
110-5300-420.12-00 Salaries & Wages, p.t.
4,200. decrease
110-5300-420.58-01 Training & Meetings
850. decrease
110-5300-420.54.26 Advertising
500. decrease
110-5300-420.58-14 Travel
1,000. decrease
110-5300-420.60-36 Uniforms
1,000. decrease
110-5300-420.74-74 Capital Outlay
2,023. decrease
110-5300-420.55-12 Printing & Binding
1,000. decrease
110-5300-420.11-00 Salaries & Wages
15,000. increase
110-5300-420.23-00 Retirement Expense
639. increase
22
434 Cooperative Extension (Fund 110-General
Code 110-7301-465.11-00 Salaries & Wages, p.t.
370. increase
110-7301-465.12-00 Salaries & Wages
7,700. decrease
110-7301-465.21-00 Group Insurance
12. increase
110-7301-465.22-00 FICA
732. decrease
110-7301-465.23-00 Retirement
7. increase
110-7301-465.23-01 Supplemental Retirement
500. decrease
110-7301-465.26-08 Worker's Compensation
111. decrease
110-7301-465.74-74 Capital Outlay
18. decrease
110-7301-465.33-45 Contracted Services
443. increase
110-7301-465.58-01 Training & Meetings
825. decrease
110-7301-465.58-14 Travel
200. increase
110-7301-465.60-53 Dues & Subscriptions
100. increase
110-7301-465.64-25 Books & Publications
500. increase
110-7301-465.60-33 Materials & Supplies
8,254. increase
436 MIS/E-911 (Fund 240-Operatin
Code 240-5900-420.11-00 Salaries & Wages 2,525. increase
240-5900-420.22-00 FICA 170. increase
240-5900-420.23-00 Retirement 125. increase
240-5900-420.23-01 Supplemental Retirement 420. increase
240-5900-420.55-12 Printing & Binding 3,240. decrease
438 Public Utilities (Fund 531 - Operating)
Code 531-9000-431.43-19 Maintenance & Repair -System 38,100. increase
531-0000-399.00-00 Fund Balance Appropriated 38,100. increase
439 Public Utilities (Fund 542-`'WAKETR")
Code 542-9101-431.45-74 Equipment -Capital Outlay 3,000. increase
542-9101-431.45-80 Contingency 3,000. decrease
440 Finance (Fund 110-General)
Code , 110-0000-379.10-00 Fines & Forfeitures-BOE 41,061. increase
110-8600-480.31-09 Fines & Forfeitures-BOE 41,061. increase
443 Department on Aging (Fund 110-General)
Code 110-0000-353.15-00 RSVP Contributions -Donations 200. increase
I10-7500-441.32-13 RSVP Special Projects 200. increase
444 Transportation (Fund 110-General
Code 110-4650-410.11-00 Salaries & Wages 1,025. increase
110-4650-410.12-00 Salaries & Wages, p.t. 13,015. increase
110-4650-410.22-00 FICA 6,635. increase
110-4650-410.23-00 Retirement 50. increase
110-4650-410.60-31 Gas, Oil & Auto Supplies 20,725. decrease
445 Solid Waste Management (Fund 580-0peratin
Code 580-6600-461.11-00 Salaries & Wages 5,779. increase
580-6600-461.12-00 Salaries & Wages, p.t. 2,206. increase
580-6600-461.23-00 Retirement 284. increase
580-6600-461.23-01 401(k) 314. increase
580-6600-461.60-31 Professional Services 8,583. decrease
446 General Services -Restitution (Fund 110-General
Code 110-7930-441.32-38 Restitution Services 8,743. decrease
110-7930-441.33-45 Contracted Services 10,743. increase
110-0000-331.77-12 OJJ Grant 500. increase
110-0000-354,12-00 Restitution Revenue 1,500. increase
453 Parks & Recreation (Fund 110-General)
Code 110-8200-450.21-00 Insurance 50. increase
110-8200-450.26-08 Worker's Compensation 50. decrease
454 Veteran's Services (Fund 110-General)
Code 110-7800-441.11-00 Salaries . 55. increase
110-7800-441.23-00 Retirement 5. increase
110-7800-441.12-00 Insurance 60. decrease
•
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•
2 r'r
- i
455 Department on Aging (Fund 100-General,)
Code 110-7500-441.21-00Insurance
110-7500-441.23-00 Retirement
110-7500-441.23-01 Supplemental Retirement
110-7500-441.26-08 Worker's Compensation
456 Industrial Development (Fund 110-General,)
Code 110-7100-465.11-00 Salaries & Wages
110-7100-465.23-00 Retirement
110-7100-465.26-08 Worker's Compensation
• 110-7100-465.22-00 FICA
457 Soil & Water (Fund 110-General)
Code 110-6700-429.22-00 FICA
110-6700-429.23-01 Supplemental Retirement
110-6700-429.26-08 Worker's Compensation
110-6700-429.21-00 Insurance
458 Planning & Inspections (Fund 110-General)
Code 110-7200-465.23-01 Supplemental Retirement
110-7200-465.12-00 Salaries & Wages, p.t.
110-7200-465.26-08 Worker's Compensation
459 Register of Deeds (Fund 110-General)
Code 110-4800-410.12-00 Salaries & Wages, p.t.
110-4800-410.11-00 Salaries & Wages
460 Tax Department (Fund 110-General)
Code 110-4500-410.23-01 Supplemental Retirement
110-4500-410.26-08 Worker's Compensation
• 461 Finance Fund 110-General
Code 110-4400-410.12-00 Salaries & Wages, p.t.
110-4400-410.25-10 Unemployment Insurance
462 Board of Elections (Fund 110-General)
Code 110-4300-410.11-00 Salaries & Wages
110-4300-410.22-00 FICA
110-4300-410.23-00 Retirement
110-4300-410.12-01 Sal. & Wages -Election Wkrs.
110-4300-410.12-00 Salaries & Wages, p.t.
110-43 00-410.12-00 Insurance
110-4300-410.23-01 Supplemental Retirement
110-4300-410.26-08 Worker's Comp.
110-4300-410.33-45 Contracted Services
463 Personnel (Fund 110-General)
Code 110-4250-410.12-00 Salaries & Wages, p.t.
110-4250-410.11-00 Salaries & Wages
464 Administration (Fund 110-General)
Code 110-4150-410.11-00 Salaries & Wages
110-4150-410.23-00 Retirement
465 Sheriff s Department (Fund 110-General
40. increase
5. increase
20. increase
65. decrease
178. increase
10. increase
139. decrease
49. decrease
612. increase
70. increase
100. decrease
582. decrease
1,450. increase
564. decrease
886. decrease
1,000. increase
1,000. decrease
275. increase
275. decrease
3,805. increase
3,805. decrease
12,000. increase
1,650. increase
595. increase
4,470. decrease
2,490. decrease
2,000. decrease
750. decrease
286. decrease
4,249. decrease
635. increase
635. decrease
112. increase
112. decrease
Code 110-0000-336.15-00 Substance Abuse Tax 31,557. increase
110-5100-420.58-01 Training 5,000. increase
110-5100-420.60-31 Gas, Oil & Auto Supplies 25,000. increase
110-0000-399.00-00 Fund Balance Appropriated 1,557. decrease
469 Cooperative Extension (Fund 110-General
Code 110-7301-465.11-00 Salaries 375. increase
110-7301-465.21-00 Insurance 15. increase
110-7301-465.23-00 Retirement 10. increase
110-7301-465.26-08 Workers Comp. 400. decrease
471 Library (Fund 110-General)
Code 110-0000-399.00-00 Fund Balance Appropriated 3,707. increase
110-8100-450.60-33 Materials & Supplies 3,707. increase
473 Human Resources - WIA (Fund 110 General)
Code 110-0000-331.74-04 WIA Funds 7,030. increase
110-7404-465.74-74 Capital Outlay 5,030. increase
110-7404-465.60-33 Materials & Supplies 2,000. increase
475 Public Buildings (Fund 110-General)
Code 110-0000-399-00-00 Fund Balance Appropriated 42,000. increase
110-4700-410.41-13 Utilities 42,000. increase
476 GIS Department (Fund 110-General)
Code 110-0000-399.00-00 Fund Balance Appropriated 30,228. decrease
110-4164-410.11-00 Salaries & Wages 22,500. decrease
110-4164-410.21-00 Insurance 4,451. decrease
110-4164-410.22-00 FICA 1,722. decrease
110-4164-410.23-00 Retirement 1,105. decrease
110-4164-410.23-01 401(k) 450. decrease
477 Planning (Fund 110-General
Code 110-7200-465.11-00 Salaries
16,000. increase
110-7200-465.22-00 FICA
600. increase
110-7200-465.23-00 Retirement
100. increase
110-7200-465.26-08 Worker's Comp.
886. decrease
110-8800-490.32-16 Contingency
15,814. decrease
478 Sheriff's Department (Fund 110-General
Code 110-5100-420.23-00 Retirement 2,800. increase
110-5100-420.23-05 LEO 401(k) 800. increase
110-5100-420.22-00 FICA 100. decrease
110-5100-420.26-08 Worker's Comp. 3,500. decrease
479 Campbell Deputies (Fund 110-General
Code 110-5101-420.11-00 Salaries
20,000. increase
110-5101-420.21-00 Insurance
2,200. increase
110-5101-420.22-00 FICA
450. increase
110-5101-420.23-00 Retirement
100. increase
110-5101-420.23-05 LEO 401(k)
800. increase
110-5101-420.26-08 Worker's Comp.
414. decrease
110-5101-420.60-36 Uniforms
6,000. decrease
110-5101-420.60-31 Gas, Oil & Auto Supplies
17,136. decrease
480 Communications (Fund 110-General
Code 110-5110-420.11-00 Salaries
1,000. increase
110-5110-420.23-00 Retirement
750. increase
110-5110-420.23-01 Supplemental Retirement
300. increase
110-5110-420.12-00 P.T. Salaries
1,350. decrease
110-5110-420.26-08 Worker's Comp.
700. decrease
481 Jail (Fund 110-General
Code 110-5120-420.11-00 Salaries
3,500. increase
110-5120-420.22-00 FICA
1,000. increase
110-5120-420.23-00 Retirement
350. increase
110-5120-420.23-05 Supplemental Retirement LEO
100. increase
110-5120-420.58-14 Travel
3,610. decrease
110-5120-420.26-08 Worker's Comp.
1,340. decrease
483 HUD (Fund 235_-HUD Section 8 Housin
Code 235-8404-441.11-00 Salaries
7,397. increase
235-8404-441.23-00 Retirement
26. increase
235-8404-441.32-83 Sundry Admin. Expense
1,500. decrease
235-8404-441.32-84 HAPP Payments
786. decrease
235-8404-441.32-87 Maintenance & Operations
1,000. decrease
235-8404-441.58-14 Travel & Admin.
800. decrease
235-8404-441.60-57 Miscellaneous Expense
3,337. decrease
•
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22
TAX REFUNDS 3.
Tax Refunds and Releases (Attachment 1)
STATE ROAD 4.
Resolutions to add roads to state system (Attachment 2)
SYSTEM ADDIITON
5.
Request from E-911 section for a public safety radio study including tower sites.
E-911 RADIO TOWER
The study will be performed by ProNet for the fee of $5,000.
SITES STUDY
6.
•CONTRIBUTION
Contribution of $25,000 to Harnett Forward Together Committee to assist in
To
UPGRADE BUNNLEVEL
improvements to SR 1779 (Bunnlevel-Erwin Road), which will permit use of the
ERWIN ROAD
road for industrial and commercial purposes.
TOWN OF LINDEN 7.
Agreement with the Town of Linden to reimburse the County for funds spent on
AGREE./RIVERSIDE
Linden's behalf for work done by Temple Grading associated with the Riverside
Water Project.
•
u
PUB. UTI. 8. Write-offs for the forth quarter of FY 2000-2001 of Public Utilities delinquent
WRITE-OFFS accounts. All of these accounts have been in a delinquent status for more than
three years and total $9,126.45.
CHG. ORD. 9. Change order regarding Wellons Acquisition/Anderson Creek School Wastewater
A.C. SCH. WW Project (Attachment 3)
PROD, ORD. 10. Project Ordinance for Anderson Creek Homes Project (Attachment 4)
A.C. HOMES PROJ.
11. Project Ordinance and Engineering Services Agreement for South Central
SC WW PROJ ORD. Wastewater Project (Attachment 5)
& ENG. SERV. AGR.
12. Resolution to enter into North Carolina Block Grant Agreement for land
AIRPORT LAND ACQUISITION acquisition and approach clearing at the Airport (Attachment 6)
Commissioner Hill moved to appoint Tim McNeill to the Central Carolina
APPOINTMENT Community College Board of Trustees for a 4-year term to expire June 30, 2005.
Commissioner Andrews seconded the motion and it passed unanimously.
Dwight W. Snow, County Attorney, stated that Powell and Powell Supply Company,
Inc. is the owner/operator of a light manufacturing and assemblage facility located in
Fuquay-Varina, NC. They have negotiated with This End Up Furniture Company and
PUB. HEARING & TEU Holdings, Inc. (which are currently in Chapter 11 Bankruptcy in Delaware) for
RESOL, - POWELL
INCENTIVE AGREE, the purchase of the This End Up facility (32 acres) at the Harnett County Industrial
& POWELL Park. Powell plans to move its corporate offices and 97% of its manufacturing and
assemblage operations to the former This End Up facility which will be titled in the
name of Powell Holding -Facility One, L.L.C. To facilitate this relocation the County
Economic Development Department has offered an economic incentive in the form of
County ad valorem tax refunds in the amount of $20,000 per year over five years for a
maximum $100,000 total refund. N.C. Gen. Statute § 158-7.1 provides that before
entering any agreement for such an incentive that the County publish notice of and
conduct a public hearing. Chairman Byrd called to order a public hearing regarding a
proposed Resolution to Enter into Economic Development Incentive Agreement with
Powell Holding -Facility One, L.L. C. County Attorney Dwight Snow presented the
proposed resolution and introduced Attorney Mark Cumalander who represents Billy
Ray Powell, President of Powell & Powell Supply Co. Inc. Jerry Hartgrove,
Economic Development Director, provided a brief explanation of the proposed
incentive agreement. Chairman Byrd opened the meeting for comments from the
public. No comments were offered and Chairman Byrd closed the public hearing.
Commissioner Titchener moved to adopt the resolution to enter into the incentive
agreement. Commissioner Hill seconded the motion and it passed unanimously.
(Attachment 7)
230
ZONING CHG. REQUEST Chairman Byrd called to order a public hearing on a zoning change request for Clyde
CLYDE PATTERSON & Patterson and Wayne Mangum, SR 1108-Cameron Hill Road and NC 24, from RA-
WAYNE MANGUM 20R Zoning District to Commercial Zoning District, Johnsonville Township, 3.11
acres. Martha Johnson, Planner, presented the request to the Board and stated that the
purpose of the public hearing was to obtain comments from the public regarding the
zoning change request. The Planning Board recommends approval of the request. •
Chairman Byrd opened the meeting for comments from the public. Comments were
offered by the following citizens:
1. Margit Orosz against
2. Wilma McGregory for
3. Johnnie Chalmers for
4. Steve Bond for
5. Joseph Dandria for
6. Maxine Styers against
7. Michael Holder for
8. Debbie Young against
9. Carol Lynch against
10. Dorothy Flynn against
11. Charles Lynch against
12. Rhonda Clonch against
13. Michael Holder for
14. Ed Cameron stated that Cameron Hill Church is neutral.
There being no fiirther comments, Chairman Byrd closed the public hearing.
Commissioner McNeill moved to approve the zoning change request for Clyde
Patterson and Wayne Mangum. Commissioner Titchener seconded the motion and it
passed unanimously.
Chairman Byrd called to order a public hearing on a zoning change request for Ray •
ZONING CHG. REQUEST and Carolyn Mason, SR 1121-Ray Road, from RA-20M Zoning District to
RAY & CAROLYN MASON Commercial Zoning District, Anderson Creek Township, 7.18 acres. Martha Johnson,
Planner, presented the request to the Board and stated that the purpose of the public
hearing was to obtain comments from the public regarding the zoning change request.
The Planning Board recommends approval of the zoning change request. Chairman
Byrd opened the meeting for public comments. Comments for approval of the change
were received from Ray Mason, applicant, and Wayne Schlink, pastor at Gourd
Springs Baptist Church. There being no further comments, Chairman Byrd closed the
public hearing. Commissioner McNeill moved to approve the zoning change request
for Ray and Carolyn Mason. Commissioner Hill seconded the motion and it passed
unanimously.
Chairman Byrd called to order a public hearing on a proposed Manufactured Home
TEXT AMENDMENT Park Ordinance Text Amendment. Lori Tomaszewski, Chief Planner, stated that the
MANF . HOME PARK ORD . Planning staff requests that an amendment be made to the ordinance to make the
deadline for turning in plats to the Planning Department fifteen working days prior to
the meeting date; and a requirement that the surveyor must furnish 10 copies of the
site plan plus one 11"x17" reduction of the proposed plat. These changes would make
the requirements and deadline dates consistent with the Subdivision Regulations. The
Planning Board recommends approval of the requested text amendment. Chairman
Byrd opened the meeting for comments from the public. No comments were offered •
and Chairman Byrd closed the public hearing. Commissioner Hill moved to approve
the Manufactured Home Park Ordinance text amendment as presented. Commissioner
McNeill seconded the motion and it passed unanimously. (Attachment 8)
Departmental reports were filed with the Board from Emergency Medical Services and
Economic Development Commission.
Commissioner McNeill moved for the Board to go into closed session for the
following purpose:
1) To instruct the County staff concerning the position to be taken on behalf
CLOSED SESSION of the County in negotiating the terms of a proposed contract for the
acquisition of real property and the County Attorney concerning the
handling of a judicial action; and
2) to instruct the County Attorney regarding the settlement of certain actions,
namely
Pam Allen, et als, vs L. Connell Knott, Wake County File No.
OOCVS9194
and
McNeill v McKoy, Harnett County File No. OOCVS2170
This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(3)&(5).
Comissioner Hill seconded the motion and it passed unanimously.
• Commissioner Hill moved for the Board to come out of closed session. Commissioner
McNeill seconded the motion and it passed unanimously.
ATTORNEY "S Dwight Snow, County Attorney, reported on the case settlements listed below for
REPORT ON inclusion into the minutes pursuant to N.C. Gen. Statute § 143-318.11(a)(3).
LEGAL CASE (Attachment 9)
SETTLEMENTS A. Separation and Release Agreement between Darlene Smith Godwin
and Harnett County
ADJOURNMENT
B. Release and Settlement Agreement to settle all claims of Marie
Goodman against Harnett County, Richard Wicker, Gary Averitte,
Rodney Tart and Gulf Insurance Group.
There being no further business, Commissioner McNeill moved to adjourn.
Commissioner Andrews seconded the motion and it passed unanimously. The Harnett
County Board of Commissioners regular nmeeting, May 21, 2001, adjourned at 8:45
p.m. I 1
Kay S. Mlanchard, Clerk to the Board
Attachment 1,
d
Oce�ea4 J
3
MONTHLY REFUND REPORT
1
14-May-01
BILL NUMBER NAME REASON
AMOUNT YEAR MONTH TOWN
2000600348 ACORD, SHERRY LEE SOLD VEHICLE
COUNTYWIDE - 1583 X .73 = 11.56 2000 05/012
830 CALVARY CHURCH
BENHAVEN FIRE - 1583 X .07 = 1.11
ROAD
TOTAL - 12.67
SANFORD, NC 27330
•
2000001374 ARNOLD, JESSIE FRANK LOT DOUBLE LISTED
COUNTYWIDE - 10000 X .73 = 73.00 2000 05/012
P.O. BOX 1318
INTEREST - 2.01
LILLINGTON, NC 27546
TOTAL - 75.01
2000696561 BROWN'S MASONRY, SOLD VEHICLE
COUNTYWIDE - 12907 X .73 = 94.23 2000 05/012
INC.
FLATWOODS FIRE -12907 X. 15 = 19.36
55 FLATWOODS LANE
TOTAL - 113.59
LILLINGTON, NC 27546
2000684128 CHASE MANHATTAN SOLD VEHICLE
COUNTYWIDE - 14025 X .73 = 102.39 2000 05/012 COATS
AUTOMOTIVE
TOWN OF COATS - 14025 X .69 = 96.78
P.O. BOX 5210
GROVE FIRE - 14025 X .08 = 11.22
NEW HYDE PARK, NY
TOTAL - 210.39
11042
1998010104 CONLEY, ALBERT AND ERROR IN LISTING COUNTYWIDE - 45480 X .68 = 309.26 1998 05/012
CYNTHIA BENHAVEN RESCUE - 45480 X .025 =
45 ELLIS STEWART 11.37
LANE TOTAL - 320.63
CAMERON, NC 28326
232
BILL NUMBER NAME
REASON
AMOUNT
YEAR MONTH TOWN
1999010505
CONLEY, ALBERT AND
ERROR IN LISTING
COUNTYWIDE - 45480 X .73 = 332.00
1999 05/012
CYNTHIA
TOTAL - 332.00
45 ELLIS STEWART
LANE
CAMERON, NC 28326
1999017157
GODWIN, GLEN AND
HOUSE WAS ALREADY
COUNTYWIDE - 71140 X .73 = 519.32
1999 05/012 ERWIN
J.C. LUCAS
LISTED ON ANOTHER
TOWN OF ERWIN - 71140 X = 35.57
18 BRYAN GODWIN
PARCEL
.05
SOLID WASTE - 37.50
COURT
TOTAL - 592.39
ERWIN, NC 28339
199982158 "
GRAY FLEX SYSTEMS,
OVER -LISTED BUSINESS
COUNTYWIDE - 40,780 X .73 = 297.69
1999 05/012 COATS
INC
PERS. PROP. PER TMA
TOWN OF COATS - 40,780 X .69 = 281.38
P.O. BOX 1326
AUDIT
GROVE RESCUE - 40,780 X .08 = 32.63
COATS, NC 27521-1326
TOTAL - 611.70
199982158
GRAY FLEX SYSTEMS,
OVER -LISTED BUSINESS
COUNTYWIDE - 40780 X .73 = 297.70
1999 05/012 COATS
INC
PERSONAL PROP PER
TOWN OF COATS - 40780 X = 281.38
P.O. BOX 1326
TMA
.69
GROVE RESCUE - 40780 X .08 = 32.62
COATS, NC 27521-1326
TOTAL - 611.70
2000653009
KORPULINSKI, RACHEL
SOLD VEHICLE
COUNTYWIDE - 590 X .73 = 4.30
2000 05/012
S
N HARN FIRE - 590 X .09 =
2675 KIPLING ROAD
.53
TOTAL - 4.83
FUQUAY VARINA, NC
27526
2000028858
LILLINGTON
BUSINESS PERSONAL
COUNTYWIDE - 42707 X .73 = 311.76
2000 05/012
VETERINARY
PROPERTY DOUBLE
SUMMERVILLE FIRE - 42707 X .07 =
HOSPITAL
LISTED
29.89
JANET BATKER, DVM
TOTAL - 341.65
2366 NC 210 N
LILLINGTON, NC 27546
1997522531
MADSEN, JOHNNY
1/2 MILITARY
COUNTYWIDE - 3140 X .70 = 21.98
1997 05/012
RAND
EXEMPTION
SPOUT SPRINGS FIRE - 3140 X. 10 = 3.14
5409 NEW JERSEY WAY
BENHAVEN RESCUE - 3140 X .025 - .79
CAMERON, NC 28326
TOTAL - 25.91
1998642437
MADSEN, JOHNNY
1/2 MILITARY
COUNTYWIDE - 2945 X .68 = 20.03
1998 05/012
RAND
EXEMPTION
SPOUT SPRINGS FIRE - 2945 X .09 = 2.65
5409 NEW JERSEY WAY
BENHAVEN RESCUE - 2945 X .025 = .74
CAMERON, NC 28326
TOTAL - 23.42
1999972169
MADSEN, JOHNNY
1/2 MILITARY
COUNTYWIDE - 2285 X .68 = 15.54
1999 05/012
RAND
EXEMPTION
SPOUT SPRINGS FIRE - 2285 X .04 = 2.06
5409 NEW JERSEY WAY
BENHAVEN RESCUE - 2285 X .025 = .58
CAMERON, NC 28326
TOTAL - 18.18
2000654700
MARTIN, JOSEPH J
MILITARY EXEMPTION
COUNTYWIDE - 3860 X .73 = 28.18
2000 05/012
10 CLIFFDALE COURT
TOTAL - 28.18
CAMERON, NC 28326
1999524823
MARTIN, JOSEPH J
MILITARY EXEMPTION
COUNTYWIDE - 4350 X .73 = 31.76
1999 05/012
10 CLIFFDALE COURT
TOTAL - 3.1.76
CAMERON, NC 28326
1997555374
MARTIN, JOSEPH J
MILITARY EXEMPTION
COUNTYWIDE - 4970 X .68 = 33.80
1997 05/012
10 CLIFFDALE COURT
BENHAVEN RESCUE - 4970 X .025 =
CAMERON, NC 28326
1.24
TOTAL - 35.04
1998694656
MARTIN, JOSEPH J
MILITARY EXEMPTION
COUNTYWIDE - 4680 X .68 = 31.82
1998 05/012
10 CLIFFDALE COURT
BENHAVEN FIRE - 4680 X .25 = 1.17
CAMERON, NC 28326
TOTAL - 32.99
2000654504
NORRIS, LATHAN HUGH
SOLD VEHICLE
COUNTYWIDE - 6598 X .73 = 48.17
2000 05/012
200 FOX TROT LANE
GROVE FIRE - 6598 X .08 = 5.28
ANGIER, NC 27501
TOTAL - 53.45
2000653455
PATE, ELIZABETH
SOLD VEHICLE
COUNTYWIDE - 3692 X .73 = 26.96
2000 05/012 ERWIN
STRICKLAND
TOWN OF ERWIN - 3692 X .48 = 17.73
611-B DON RON ROAD
ERWIN FIRE - 3692 X .05 = 1.85
ERWIN, NC 28339-9528
TOTAL - 46.54
2000665507
PENLEY, TAMMARA
SOLD VEHICLE
COUNTYWIDE - 3947 X .73 = 28.82
2000 05/012
WALLEN
BLACK RIVER FIRE - 3947 X .07 = 2.77
3567 RAWLS CHURCH
TOTAL - 31.59
ROAD
FUQUAY VARINA, NC
27526
2000641420
SMITH, EDSEL GUY
SOLD VEHICLE
COUNTYWIDE - 1413 X .73 = 10.32
2000 05/012
829 LENNIE SMITH
N HARN FIRE - 1413 X .09 = 1.28
ROAD
TOTAL - 11.60
FUQUAY VARINA, NC
27526
•
•
u
Attachment 2.
233
RESOLUTION
•
•
BE IT RESOLVED that the Harnett County Board of Commissioners
does hereby, by proper execution of this document, request that the North Carolina
Department of Transportation add to the State's Secondary Road System the below listed
street(s).
Barclays Subdivision
Barclays Drive
Fieldview Court
Woodstone Place
Adopted this 21"day of May, 2001.
HARNETT CC
ATTEST:
Kay S. Blanchard
Clerk to the Board
BOARD OF COMMISSIONERS
RESOLUTION
BE IT RESOLVED that the Harnett County Board of Commissioners
does hereby, by proper execution of this document, request that the North Carolina
Department of Transportation add to the State's Secondary Road System the below listed
street(s).
Longleaf Acres Subdivision
Pine Needles Drive
Adopted this 215`.day of May, 2001.
HARNETT Cq
ATTEST:
BOARD OF COMMISSIONERS
Ka S. Blanchard
Clerk to the Board
RESOLUTION
BE IT RESOLVED that the Harnett County Board of Commissioners
does hereby, by proper execution of this document, request that the North Carolina
• Department of Transportation add to the State's Secondary Road System the below listed
street(s).
Victoria Hills Subdivision
Victoria Hills Drive
Elmbrook Court
Turtle Point Drive
Adopted this 21" day of May, 2001.
HARNETT CAUNTY BOARD OF COMMISSIONERS
34
Attachment 3.
ORDER NO.
1
CONTRACT CHANGE ORDER
DATE
4-19-01
STATE NC
CONTRACT FOR
Anderson Creek Wastewater Facilities
c... r
Varnett
OWNER
Harnett County Public Utilities,, P.O.
Box 1119,, Lillingtonr, NC 27546
I•o Billings & Garrett,r Inc.,, 3200 Northside Dr.,. Raleigh,F NC 27615
(ConNecrer)
You are hereby requested to comply with the following changes from the contract plans and specifications: •
Do etlplION df Chfleg6,4
UECREASE
INCOME(Supplemental
Plans and Specifications Attached)
in Contract Price
in Contract Price
E $
1) Line Shift on Ray Road
2,,359.60
2) Increase depth on overhills Rd
$14,1322.40
crossing
3) Adjustment of depths & quantities
$33,871.40
and extention of 800 Linier ft on
Overhills Rd.
....................................... ............... .................. ....- --
TOTALS
$ ....... -................ -........... 5�50� 553..40............_.
NET CHANGE IN CONTRACT PRICE 1
$ ..._.._......_. 1$50,,553.40
JUSTIFICATION:
See attached
The amount of the Contract will be (Decreased) (Increased) By The Sum Of: Fifty Thousand, Five hundred
Fifty —Three & 40/100------------ --- ---- Doi tars (S50,553.40 ),
The Contract Total Including this and previous Change Orders Will Be: Seven hundreds Seventy Thousand
Two hundred Eight & 59/100------------ _ Dollars(5-770,.208.59 ),
The Contract Period Pr6vi for C pletion Will Be (Increased) (Decreased) (Unchanged): Days.
This document will beco e a su ment to the contract and all provisions will apply hereto.
Requested
` (owner) (Dees)
Recommended 4-19-01
O wne.'e Areh/reef/Enaln ear) (Dare)
Accepted Q/3Q�Ol
(Con (taste rl '� Dale
Attachment
Justification
1) Line had to be moved off the Right-of-way to clear power
company high voltage vault.
2) To maximize the depth of the sewer line going north on Ray Road.
This will accommodate additional customers in the future.
3) To include additional customers on Overhills Road, and to include
additional depths not set up in original contract.
•
is
3
Attachment 4.
ANDERSON CREEK HOMES WATER COMPANY ACQUISITION
PROJECT
BE IT ORDAINED by the Board of Commissioners of Harnett County, North Carolina,
sitting as the governing board for Harnett County.
Section I. This project will consist of the acquisition of the Anderson Creek Homes
Water Company located on property adjacent to Overhills Road in the Anderson Creek
• area of Harnett County. This water company currently serves approximately 250 homes
in that area. The existing piping infrastucture will upgraded and tied in to our existing
water mains on Overhills Road and in the surrounding area. The existing wells will be
capped and the homes will receive new metering facilities. This project will provide the
County with a valuable customer base at a relatively low expense.
Section II. This project will be funded from the Harnett County Department of Public
Utiltities' Fund Balance. This amount is offset by the $400,000 received from the sale of
Johnston County facilities.
Section III. The following amounts are hereby appropriated for this project:
Capital Outlay/Purchase $75,000
Construction Contract $200,000
Legal/Admin. $10,000
Meters $10,000
Engineering $30,000
Materials & Supplies $20,000
Contingency $55,000
TOTAL $400,000
Section IV. It is estimated that the following revenues will be available for this project:
Harnett County Public Utilities' Fund Balance $400,000
Duly Adopted this .2 1 3t day of `yyj�„�, , 2001.
• y J. yr , airman
arnett Coun Board of Commissioners
ATTEST:
Kay Blanchard,
-Clerk to the Board
Kw. /.L�Q,►ti C c�
U
Attachment 5.
SOUTH CENTRAL WASTEWATER PROJECT
PRELIMINARY PHASE
BE IT ORDAINED by the Board of Commissioners of Harnett County, North Carolina,
sitting as the governing board for Harnett County.
• Section I. This project consists of the project engineer preparing a wastewater study in
the general format of a 201 Facilities Plan for the South Central section of Harnett
County. The purpose of this study is to determine the grant and/or loan eligibility from
various funding sources including the State of North Carolina and the United States
Department of Agriculture. A detailed environmental assessment will also be provided in
the study.
Section II. The preliminary phase of this project will be funded from the Harnett County
Department of Public Utilities' Fund Balance.
Section III. The following amounts are hereby appropriated for this project:
Engineering $67,000
Section IV. It is estimated that the following revenues will be available for this project:
236
Harnett County Public Utilities' Fund Balance $67,000
Duly Adopted this —? 14 f day of 77ryll 2001.
f!
)ddy J. Byr C irmanett County Board of Commissioners
ATTEST:
Kay Blanchard, Clerk to the Board
PROFESSIONAL SERVICES AGREEMENT
This Agreement by and between COUNTY OF HARNETT, NC hereinafter referred to
as the Owner, and Marziano & Minier, PA of Asheboro, North Carolina, hereinafter
referred to as the Engineer.
WITNESSETH:
PROJECT: The Owner hereby contracts with the ENGINEER to perform the following
described services hereinafter collectively referred to as the PROJECT:
South Central Water & Sewer District — Wastewater Study
ENGINEER"S COMPENSATION: The ENGINEER shall be paid for the professional
services on a hourly not to exceed a fee of $67,000.00 for the scope of this agreement.
Invoices will be submitted monthly for the project. The invoice is due and payable
within 30 days of the invoice date. Should additional services be requested beyond the
Scope of Work, the rates on the attached Rate Schedule will be used and include expected
expenses and mileage and other normal, out of pocket expenses, No additional work will
be performed without written authorization from the Owner.
OWNER'S AGENT: The OWNER has appointed the Director of Public Utilities,
Rodney Tart as the official AGENT of the Owner, for the purpose of the project.
GENERAL TERMS AND CONDITIONS: The Engineer will provide workmen's
compensation and general liability insurance for his employees working on this
PROJECT.
Any project preformed under this contract may be canceled by the Owner upon 10 days
written notice to the ENGINEER. The ENGINEER will then forward on this PROJECT.
SPECIAL CONDITIONS: The engineering fee includes costs associated with printing
of the construction documents. However, the engineering fee does not include cost of
any permit fees that may be required by regulatory agencies for any part of this work.
The ENGINEER will begin work after he receives a signed Agreement and written
"Notice to Proceed" from the Owner.
The work to be performed under this agreement will be complete and ready for submittal
to the regulatory agencies within 9 months from the date of the Notice to Proceed.
ADDITIONAL SERVICES: During the performance of the services in connection with
this PROJECT, the Owner may from time to time request additional services. The
ENGINEER shall be compensated for such additional service son a per diem basis. The
rates shown under HOURLY RATE SCHEDULE of this Agreement will be used to
calculate any additional services. No additional services will be performed without first
receiving written approval from the OWNER.
COUNTY OF HARNETT
By:
eddy J. B d
Chairman
MARZIANO & MINIER, PA
By:
Hir6fi. M zia
President
•
•
•
Witness:
Witness:
C7
•
•
By:
Ka lanchard
Clerk to the Board
Date:
Note: This agreement contains three (3) pages.
By:4ecretary
/rh.�-tJ UI�AeY. Poole
Date: 6- l0 - 01
ATTACHWNT"A"
SCOPE OF WORK
The following scope of work describes technical services to be provided by Marziano &
Minier, PA (the Engineer) for the South Central Water &Sewer District Wastewater
Report:
1. The Engineer will prepare a wastewater study in the general format of a 201
Facilities Plan. Said study can be used by the State of North Carolina and the US
Department of Agriculture for the purposes of obtaining grants and/or loans.
2. The Engineer will prepare preliminary environmental assessment along the routes
of any proposed wastewater lines contained in the study.
3. The Engineer will provide necessary copies of studies to the Owner and
regulatory agencies for review. After review the Engineer will make necessary
changes and prepare revisions to the studies for incorporation of any review
comments.
The following hourly rates are to be used for Additional Services:
Job Classification
Project Manager/Principal
Project Engineer
Technician
Draftsman
Construction Observer
Clerical
Survey Crew
Attachment 6.
HOURLY RATE SCHEDULE
RESOLUTION
$75.00
$65.00
$48.00
$40.00
$32.00
$22.00
$80.00
A motion was made by Commissioner Tim McNeill and seconded by
(Name and Title)
Commissioner Walt Titchener for the adoption of the following resolution, and upon being put to a
(Name and Title)
vote was duly accepted:
WHEREAS, a Grant in the amount of $200,000 has been approved by the Department based on total estimated cost
of $222,222; and
WHEREAS, an amount equal to or greater than ten percent 10% of the total estimated project cost have been
previously supplied (In Kind Contribution of $22,222 due to work by the Army Corp of Engineers) and appropriated by
the Sponsor for this Project.
Chairman of the
NOW THEREFORE, BE AND IT IS RESOLVED THAT THE Harnett 'County Board of Commissioners
(Title)
of the Sponsor be and he hereby is authorized and empowered to enter into a Grant Agreement with the Department, thereby
binding the Sponsor to the fulfillment of its obligation incurred under this Grant Agreement or any mutually agreed upon
modification thereof.
23Y
Kay S. Blanchard, Clerk
Harnett County Board of Commissioners
(Name and Title)
County of Harnett do hereby certify that
(Sponsor)
the above is a true and correct copy of an excerpt from the minutes of the
Harnett County Board of Commissioners ofameeting
(Sponsor)
duly and regularly held on the 21 st day of _ May 2001
This, the -, d y of 20 ODL
SPONSOR SEAL Signed: lx,.a, �D. Vae4g,�d •
Title: Cle-A to the Board
Of The: Harnett County Board of Commissioners
DOA FORM (I/97)
Attachment 7.
NORTH CAROLINA RESOLUTION TO ENTER INTO
ECONOMIC DEVELOPMENT INCENTIVE AGREEMENT
HARNETT COUNTY WITH POWELL HOLDING - FACILITY ONE, L.L.C.
THAT WHEREAS, the County of Harnett (hereinafter "COUNTY") has made economic
development in Harnett County a major priority in an effort to replace displaced industry previously
located in Harnett County, to provide local job opportunities for citizens of the COUNTY, and to
increase the COUNTY tax base; and
WHEREAS, on February 17, 2000, TEU Holdings, Inc. and This End Up Furniture Company
(hereinafter "THIS END UP") filed Chapter 11 Bankruptcy in the U.S. Bankruptcy Court for the
District of Delaware; that as part of its reorganization efforts, THIS END UP ceased its
manufacturing operations at the THIS END UP manufacturing facility located in the Harnett County is
Complex and Industrial Park off Highway 401 in Lillington, Harnett County, N.C.;
that since the cessation of operations at the Lillington plant, THIS END UP has sought to sell this
manufacturing facility property; and
WHEREAS, Powell Holding - Facility One, L.L.C. (hereinafter "POWELL") has negotiated
a purchase of this site from THIS END UP for the purpose of relocating POWELL'S corporate
offices and its manufacturing and assemblage operations at the former THIS END UP plant site; and
WHEREAS, in order to induce POWELL to complete its purchase of the THIS END UP site
and to relocate its corporate offices and light manufacturing and assemblage operations at the former
THIS END UP plant, the COUNTY is willing to appropriate certain incentives in the form of ad
valorem tax refunds to POWELL pursuant to the provisions of N.C. General Statute § 158-7.1 which
allows counties to make appropriations for the purposes of aiding and encouraging the location of
manufacturing enterprises and locating industrial and commercial plants in the county; and
WHEREAS, the COUNTY and POWELL have negotiated an economic development
incentive package which includes a maximum $100,000.00 incentive to be paid to POWELL in the
form of a refund of county ad valorem taxes paid in the amount of up to $20,000 per year over a five
year period; an instrument entitled Economic Development Incentive Agreement between the
COUNTY and POWELL which is attached to this resolution as Exhibit "A" has been prepared and
agreed upon between the parties to comply with the provisions of N. C. General Statutes § 158-7.1;
that pursuant to N. C. General Statutes § 158-7.1(c) a public hearing was held on May 21, 2001
concerning the terms of the proposed Economic Development Incentive Agreement; that subsequent
to the close of said public hearing and after deliberations, it is the desire of the Board of
Commissioners to approve the appropriation of this Economic Development Incentive Agreement
with POWELL subject to those terms contained within said Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners •
that the Economic Development Incentive Agreement between the COUNTY and POWELL is
hereby approved; and that the proper officials of the COUNTY are hereby authorized to enter into
the Economic Development Incentive Agreement with POWELL.
This the 21 st day of May 2001.
HA RNE COUNTY BOARD OF COMMISSIONERS
By: ;),Ada � - �L44 J
ddy J. B31, hairm
ATTEST:
Kay Blanchard, Clerk
NORTH CAROLINA
HARNETT COUNTY
ECONOMIC DEVELOPMENT
INCENTIVE AGREEMENT
THIS AGREEMENT, made and entered into this the 2/ 51- day of May, 2001, by and
• between the COUNTY OF HARNETT, a body politic of 102 E. Front Street, Lillington, N.C. 27546
(hereinafter referred to as "COUNTY") and POWELL HOLDING - FACILITY ONE, L.L.C. of
1206 Broad Street, Fuquay Varina, N.C. 27520, (hereinafter referred to as "POWELL");
WITNESSETH:
THAT WHEREAS, the COUNTY is empowered pursuant to the terms of North Carolina
General Statutes § 158-7.1 (Local Development Act) as amended, to make appropriations for the
purposes of aiding and encouraging the location ofmanufacturing enterprises and locating industrial
and commercial plants in the COUNTY; and
WHEREAS, POWELL has been considering the relocation of its corporate offices
and its light manufacturing and assemblage operations at the former and vacant site of the This End
Up Furniture manufacturing plant located on an approximate 32.197 acre tract of real property in the
Harnett County Industrial Park off Highway 401 in Lillington, Harnett County, N.C.; that POWELL
has negotiated a purchase of this site from TEU Holdings, Inc. and This End Up Furniture Company
• (hereinafter "THIS END UP") which is currently in Chapter 11 Bankruptcy in the U.S. Bankruptcy
Court in Delaware; and
WHEREAS, in order to induce POWELL to complete its purchase of the This End Up site
and to relocate its corporate offices and manufacturing and assemblage operations at the former This
End Up plant, the COUNTY is willing to appropriate certain incentives in the form of ad valorem
tax refunds to POWELL upon the terms and conditions set forth in this Agreement and in
consideration of the COUNTY'S agreement to appropriate these tax refunds POWELL has agreed
to relocate its corporate offices and its light manufacturing and assemblage operations at the
approximate 32.197 acre (former This End Up plant) Industrial Park site and to further comply with
all the covenants and conditions binding upon it as set forth in this Agreement.
NOW, THEREFORE, in consideration of these premises and the mutual covenants and
promises set forth below, the COUNTY and POWELL hereby agree as follows:
1. COUNTY'S Assistance to POWELL in Closure of POWELL'S Purchase of the
Former THIS END UP plant site in Lillington, N.C.
• In order to assist POWELL in its purchase of the approximate 32.197 acre tract with
manufacturing facility improvements located in the County Industrial Park off Highway 401,
Lillington, N.C. from THIS END UP with the approval of the U.S. Bankruptcy Court for the District
of Delaware the COUNTY makes the following representations:
(a) That THIS END UP is not in breach of any term or covenant in that
Special Warranty peed dated January 18,1994 and recorded in Book
1035, Page 240, Harnett County Registry, with the exception of the
240
open storage of various wooden pallets and other waste materials on
the outside of the manufacturing facility. As part of this Agreement,
POWELL has agreed to clean up and remove said pallets and waste
material.
(b) That THIS END UP is not in breach of any terms in that Transfer
Agreement between Harnett County and This End Up Furniture
Company dated January 12, 1994 which would subject the
manufacturing facility site to any reversionary interest or
reconveyance. Furthermore, POWELL is not subject to any term or
condition of said Transfer Agreement as a successor -in -interest to
THIS END UP; however, POWELL as a real property grantee
successor in interest is subject to those Restrictive Covenants
contained within that Special Warranty Deed dated January 18, 1994
and recorded in Book 1035, Page 240, Harnett County Registry. As
part of this Agreement, POWELL agrees to continue to preserve and
properly maintain that earthen landscaped berm which was
satisfactorily constructed by THIS END UP pursuant to condition (2)
contained in the above referenced Special Warranty Deed.
(c) That no part of the economic incentive granted to THIS END UP is
subject to any claim or recapture by the COUNTY or taxpayers
claiming by and through the COUNTY.
2. Payment of Economic Development Incentive
Once POWELL has closed on its purchase of the former THIS END UP
manufacturing facility site and all Harnett County ad valorem back taxes on the facility have been
paid in full, then the COUNTY shall appropriate the refund schedule of up to $20,000 per year for
five (5) consecutive years for COUNTY ad valorem taxes paid by POWELL on the POWELL
manufacturing facility real property site (formerly the THIS END UP plant site at the County
Industrial Park) or any taxed manufacturing equipment/inventory. This maximum annual $20,000
refund shall begin with those ad valorem taxes paid for 2001 and shall extend through 2005 for a
total maximum incentive refund of $100,000.
The incentive fund payment shall be paid by the COUNTY to POWELL within 30
days of the receipt of POWELL'S payment of its total ad valorem tax obligation for the applicable
tax year and evidence of said payment directed to the County Economic Development Director.
Payment is further conditioned upon evidence received by and satisfactory to the COUNTY that
POWELL is using the manufacturing facility site for its light manufacturing and assemblage
purposes for at least 75% of the applicable tax year. Excepted from this 75% operation requirement
is the current tax year of 2001.
3. Assignment
The assignment ofthe incentive benefits of this Agreement by POWELL is prohibited
•
•
is
except with the written consent of the COUNTY.
ME
4. Notices
All notices and other communications hereunder shall be in writing and shall be
deemed to have been given on the date of actual delivery of mail, registered or certified mail, return
receipt requested, postage prepaid, to the following respective addresses:
To the COUNTY: Harnett County
Attn: County Manager
• P. O. Box 759
102 E. Front St.
Lillington, N.C. 27546
To POWELL: Powell Holding - Facility One, L.L.C.
Attn: Billy Ray Powell
1206 Broad Street
Fuquay Varina, N.C. 27520
Either the COUNTY or POWELL may change the address to which all notices shall
be sent by addressing a notice of such change in the manner provided in this article.
5. Amendments. Changes and Modifications
Except as otherwise provided in this Agreement, this Agreement may not be
Q
amended, changed, modified or altered except by written agreement of the parties hereto.
6. Severability
If any provision of this Agreement is held invalid or unenforceable by any court of
competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision
hereof.
• IN WITNESS WHEREOF, the COUNTY and POWELL have caused this Agreement to be
executed in duplicate originals, in their respective names, by persons duly authorized, and have
sealed the same on the day and year first above written.
HA;ard
OUNTY
By:
ATTEST: J. Byrd 'r an f amett County
of Co i ioners
Kay BlAdchard, Clerk of the Board
POWELL HOLDING - FACILITY ONE, L.L.0
BYa I'�berlManager
Billy yPo ll, M
By:
Member/Manager
• By.
Member/Manager
242
NORTH CAROLINA
HARNETT COUNTY
I, a Notary Public of the County and State aforesaid, certify that Teddy J. Byrd 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 Kay Blanchard 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 by him, attested by said Clerk and the County's seal affixed thereto, all by authority of •
the Board of Commissioners of said County, and the said Teddy J. Byrd acknowledged said
instrument to be the act and deed of Harnett County.
yd and official stamp or seal, this
of Ma, 2001.
,0 ° � Q
sy' Z%°° °° � - N&ry Public
PO4iF' 6s� vetev�
My Commissi r1 expires: 7--7/0/
Attachment 8.
HARNETT COUNTY, NORTH CAROLINA
A RESOLUTION AMENDING THE HARNETT COUNTY MANUFACTURED HOME PARK
ORDINANCE TEXT
WHEREAS, the Board of Commissioners of Harnett County adopted a Manufactured Home Park
•
Ordinance on January 20, 1986 for the purpose of promoting the health, safety, and general welfare of the
county residents; and
WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of
North Carolina, particularly G.S. 153A-340; and
WHEREAS, the Manufactured Home Park Ordinance contains provisions for amending said ordinance and
those provisions have been followed; and
WHEREAS, the Harnett County Planning Board has reviewed the proposed revision to Article V, Section
5.2-A of the Manufactured Home Park Ordinance and recommends the adoption of the following
amendment.
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT
COUNTY, NORTH CAROLINA that Article V, Section 5.2-A of the Manufactured Home Park Ordinance
be amended by deleting Article V, Section 5.2-A and replacing it with the following text:
ARTICLE V, Section 5.2-A Manufactured Home Park Initial Permit Application Procedure
The application shall be accompanied by ten (10) copies of the proposed park plan and one
reduction of I I" x IT" Such application must be received by the Planning Department at least
fifteen (15) working days prior to a regularly scheduled meeting of the Harnett County Planning
Board, if the application and proposed park plan is to be reviewed by the Planning Board at that
time. This section shall not be construed to prohibit the sale of a manufactured home located on a
manufactured home lot and connected to the pertinent facilities.
Duly adopted this 21 st day of May, Two Thousand One and effective upon adoption.
TdJ.
COUNTY BO OF COMMISSIONERS
rd
ATTEST:
Ka, ,d. /V h and
Kay S. lanchard
Clerk to the Board
43
Attachment 9.
SEPARATION AND RELEASE AGREEMENT
THIS SEPARATION AND RELEASE AGREEMENT (hereinafter "this Agreement") is
entered into this 6day of April, 2001, by and between DARLENE SMITH GODWIN
(hereinafter "Employee") and HARNETT COUNTY (hereinafter "the County").
• WITNESSETH
WHEREAS, the parties believe an amicable resolution of all matters relative to
Employee's employment with the County and separation therefrom is in their respective best
interests; and
NOW THEREFORE, in consideration of the mutual obligations and consideration set
forth herein, the parties agree as follows:
1. The County's Covenants. The County covenants and agrees to:
(a) Separation and Release Payment. Pay and provide Employee $18,000.00.
(b) Policy Review. Review its harassment policy on a regular basis to ensure
the County remains in compliance with applicable laws.
(c) Letter of Reference. Supply a copy of the letter of reference identified as
Exhibit "A" to this Agreement in each instance a potential employer contacts the County with a
request for a work reference of Employee.
(d) General Release. Forever release, discharge, cancel, waive and acquit,
Employee of and from any and all rights, claims, demands, causes of action, obligations,
damages, penalties, fees, costs, expenses, and liability of any nature whatsoever, whether in law
• or equity, which the County has, had or may hereafter have arising out of, or by reason of any
cause, matter, or thing whatsoever existing as of the date of execution of this Agreement,
whether known to the parties at the time of execution of this Agreement or not.
2. Employee's Covenants. Employee covenants and agrees to:
(a) Voluntary Dismissal. Voluntary dismiss, with prejudice, the case
identified as "Darlene Smith Godwin v. Wayne Faircloth, individually and in his capacity as
Director of the Harnett County Department of Human Resources and Harnett County" being case
number "5:00-CV-542-F(3)" on the docket of the United States District Court for the Eastern
District of North Carolina, Western Division.
(b) General Release. Forever release, discharge, cancel, waive and acquit, for
Employee and for Employee's marital community, heirs, executors, administrators, and assigns,
the County or any and all of its Commissioners, agents, officers, employees, attorneys,
successors and assigns, (collectively "the County Agents"), of and from any and all lights,
claims, demands, causes of action, obligations, damages, penalties, fees, costs, expenses, and
liability of any nature whatsoever, whether in law or equity, which Employee has, had or may
hereafter have arising out of, or by reason of any cause, matter, or thing whatsoever existing as of
• the date of execution of this Agreement, whetber known to the parties at the time of execution of
this Agreement or not. This FULL RELEASE OF ALL CLAIMS includes, without limitation,
attorney's fees, and any claims, demands, or causes of action arising out of, or relating in any
manner whatsoever to, the employment and/or termination of the employment of Employee with
the County, such as, but not limited to, any charge, claim, lawsuit or other proceeding arising
under the Civil Rights Act of 1964, or Title V1I as amended by the Civil Rights Act of 1991, the
Americans with Disabilities Act (ADA), the Labor Management Relations Act (LMRA), the
Consolidated Omnibus Budget Reconciliation Act (COBRA), the Employee Retirement Income
Security Act (ERISA), the Fair Labor Standards Act (FLSA), the Equal Pay Act, any act or
statute arising under or within the Office of Federal Contract Compliance (OFCCP), the
Rehabilitation Act of 1973, any state Civil Rights Act, the Family and Medical Leave Act of
1993, Worker's Compensations Claims, or any other foreign, federal, state, or local statute or
law. Employee further covenants and agrees not to institute, nor cause to be instituted on
Employee' s behalf, any legal proceeding, including filing any claims or complaint with any
govemment agency alleging any violation of law or public policy against the County or the
County's Commissioners, attorneys, or agents premised upon any legal theory or claim
whatsoever, except to enforce the terms of this Agreement.
(c) Re-employment with the Count. Refrain from seeking re-employment on
a full-time, part-time or contract basis with the County in any capacity.
3. Mutual Covenants. The parties covenant and agree that:
(a) Nondisparagement. Employee will refrain from communicating, either
orally or in writing, about the County or the County's Agents in an inappropriate or disparaging
tnaroter which might materially prejudice any such individual or entity to a third parry, including
without limitation the County's employees. The County will likewise refrain from
communicating, either orally or in writing, about Employee in an inappropriate or disparaging
manner wlrich might materially prejudice Employee to a third party, and agrees that its only
representation concerning Employee's employment shall be identified in Exhibit " A' to this
Agreement
(b) Confidentiality. They will keep the existence and terms of this Agreement
strictly confidential insofar as allowed by law. Employee further agrees she will refuse to make
any reference to, discuss, use, publish, disclose, or provide information/documents regarding this
Agreement, any of its contents or terns, any details of the basis for claims released, any
resolution discussions, or the fact that any sum has been paid or will be paid pursuant to this
Agreement to any person, firm, corporation or entity whatsoever (including any current or former
employees of the County but excluding her family, tax advisor, or legal counsel) other than
pursuant to an order of a court of competent jurisdiction.
4. Breach. The County and Employee covenant and agree that any material breach
of thus Agreement by either party shall entitle the other patty, in addition to a cause of action for
damages, to rescind this Agreement.
5. Mutual Representations. The parties, by their execution of this Agreement, avow
that the following statements are true:
(a) Review of Agreement. That the parties have been given the opportunity
and have, in fact, read this entire Agreement, that is in plaint language, and that each has had all
questions regarding its meaning answered to their satisfaction;
(b) Independent Advice. That the parties have been given the full opportunity
to obtain the independent advice and counsel from an attorney of their own choosing;
(c) Understanding of Terms. That the parties fully understand the terms,
contents and effects ofthis Agreement and understand it is a FULL RELEASE OF ALL
CLAIMS, including arbitration claims and awards, against the other;
(d) Consideration. That this FULL RELEASE OF ALL CLAIMS is given in
return for valuable consideration, in addition to anything of value to which the party is already
entitled, as provided under the terms of this Agreement; and
(e) Voluntary Act. That the parties enter into this Agreement knowingly and
voluntarily in exchange for the consideration referenced in this Agreement and that no other
•
•
•
representations have been made to them to induce or influence their execution of this Agreement.
•
4. Non -Admission. It is agreed by both parties that this Agreement is intended to
resolve conflicting and disputed claims and shall not be construed in any way as an admission by
the County that it has acted wrongfully with respect to Employee or any other person, or that
Employee has any rights whatsoever against the County. Employeeexpressly agrees that by
entering into this Agreement, neither the County nor the County's agents admit any liability or
wrongful acts toward Employee or any other person.
7. Governing Law and Venue. This Agreement shall be governed in all respects,
whether as to validity, construction, capacity, performance, or otherwise, by the laws of the State
of North Carolina, and no action involving this Agreement may be brought except in the Courts
of the State of North Carolina or Federal District Courts sitting therein.
RALEIGH #373640 v 1 4
SEPARATION AND RELEASE AGREEMENT
• THIS SEPARATION AND RELEASE AGREEMENT (hereinafter "this Agreement") is
entered into this Ct%- day of April, 2001, by and between DARLENE SMITH GODWIN
(hereinafter "Employee") and HARNETT COUNTY (hereinafter "the County").
WITNESSETH
WHEREAS, the parties believe an amicable resolution of all matters relative to
Employee's employment with the County and separation therefrom is in their respective best
interests; and
NOW THEREFORE, in consideration of the mutual obligations and consideration set
forth herein, the parties agree as follows:
1. The County's Covenants. The County covenants and agrees to:
(a) Separation and Release Payment. Pay and provide Employee S18,000.00.
(b) Policy Review. Review its harassment policy on a regular basis to ensure
the County remains in compliance with applicable laws.
(c) Letter of Reference. Supply a copy of the letter of reference identified as
Exhibit "A" to this Agreement in each instance a potential employer contacts the County with a
request for a work reference of Employee.
• (d) General Release. Forever release, discharge, cancel, waive and acquit,
Employee of and from any and all rights, claims, demands, causes of action, obligations,
damages, penalties, fees, costs, expenses, and liability of any nature whatsoever, whether in law
or equity, which the County has, had or may hereafter have arising out of, or by reason of any
cause, matter, or thing whatsoever existing as of the date of execution of this Agreement,
whether known to the parties at the time of execution of this Agreement or not.
2. Employee's Covenants. Employee covenants and agrees to:
(a) Voluntary Dismissal. Voluntary dismiss, with prejudice, the case
identified as "Darlene Smith Godwin v. Wayne Faircloth, individually and in his capacity as
RALEIGII #373640 v 1
OR
Director of the Harnett County Department of Human Resources and Harnett County" being case
number "5:00-CV-542-F(3)" on the docket of the United States District Court for the Eastern
District of North Carolina, Wester Division.
(b) General Release. Forever release, discharge, cancel, waive and acquit, for
Employee and for Employee's marital community, heirs, executors, administrators, and assigns,
the County or any and all of its Commissioners, agents, officers, employees, attorneys,
successors and assigns, (collectively "the County Agents'), of and from any and all rights,
claims, demands, causes of action, obligations, damages, penalties, fees, costs, expenses, and
•
liability of any nature whatsoever, whether in law or equity, which Employee has, had or may
hereafter have arising out of, or by reason of any cause, matter, or thing whatsoever existing as of
the date of execution of this Agreement, whether known to the parties at the time of execution of
this Agreement or not. This FULL RELEASE OF ALL CLAIMS includes, without limitation,
attorney's fees, and any claims, demands, or causes of action arising out of, or relating in any
manner whatsoever to, the employment and/or termination of the employment of Employee with
the County, such as, but not limited to, any charge, claim, lawsuit or other proceeding arising
under the Civil Rights Act of 1964, or Title V1I as amended by the Civil Rights Act of 1991, the
Americans with Disabilities Act (ADA), the Labor Management Relations Act (LMRA), the
Consolidated Omnibus Budget Reconciliation Act (COBRA), the Employee Retirement Income
Security Act (L-RISA), the Fair Labor Standards Act (FLSA), the Equal Pay Act, any act or
statute arising under or within the Office of Federal Contract Compliance (OFCCP), the
Rehabilitation Act of 1973, any state Civil Rights Act, the Family and Medical Leave Act of
1993, Worker's Compensations Claims, or any other foreign, federal, state, or local statute or
law_ Employee further covenants and agrees not to institute, nor cause to be instituted on
Employee' s behalf, any legal proceeding, including filing any claims or complaint with any
•
government agency alleging any violation of law or public policy against the County or the
County's Commissioners, attorneys, or agents premised upon any legal theory or claim
whatsoever, except to enforce the terms of this Agreement.
(c) Re-employment with the County. Refrain from seeking re-employment on
a full-time, part-time or contract basis with the County in any capacity.
3. Mutual Covenants. The parties covenant and agree that:
(a) Nondisparagement. Employee will refrain from communicating, either
-
orally or in writing, about the County or the County's Agents in an inappropriate or disparaging
manner which might materially prejudice any such individual or entity to a third parry, including
without limitation the County's employees. The County will likewise refrain from
communicating, either orally or in writing, about Employee in an inappropriate or disparaging
manner which might materially prejudice Employee to a third party, and agrees that its only
representation concerning Employee's employment shall be identified in Exhibit "A" to this
Agreement
(b) Confidentiality. They will keep the existence and terms of this Agreement
strictly confidential insofar as allowed by law. Employee Anther agrees she will refuse to make
isany
reference to, discuss, use, publish, disclose, or provide information/documents regarding this
Agreement, any of its contents or terms, any details of the basis for claims released, any
resolution discussions, or the fact that any sum has been paid or will be paid pursuant to this
Agreement to any person, firm, corporation or entity whatsoever (including any current or former
employees of the County but excluding her family, tax advisor, or legal counsel) other than
pursuant to an order of a court of competent jurisdiction.
4. Breach. The County and Employee covenant and agree that any material breach
of this Agreement by either party shall entitle the other party, in addition to a cause of action for
damages, to rescind this Agreement.
247
5. Mutual Representations. The parties, by their execution of this Agreement, avow
that the following statements are true:
(a) Review of Agreement. That the parties have been :given the opportunity
and have, in fact, read this entire Agreement, that is in plain language, and that each has had all
questions regarding its meaning answered to their satisfaction;
(b) Independent Advice. That the parties have been given the full opportunity
• to obtain the independent advice and counsel from an attorney of their own choosing;
(c) Understanding of Terns. That the parties fully understand the terns,
contents and effects of this Agreement and understand it is a FULL RELEASE OF ALL
CLAIMS, including arbitration claims and awards, against the other;
(d) Consideration. That this FULL RELEASE OF ALL CLAIMS is given in
return for valuable consideration, in addition to anything of value to which the patty is already
entitled, as provided under the terms of this Agreement; and
(e) Voluntary Act. That the parties enter into this Agreement knowingly and
voluntarily in exchange for the consideration referenced in this Agreement and that no other
representations have been made to them to induce or influence their execution of this Agreement.
6. Non -Admission. It is agreed by both parties that this Agreement is intended to
resolve conflicting and disputed claims and shall not be construed in any way as an admission by
the County that it has acted wrongfully with respect to Employee or any other person, or that
• Employee has any rights whatsoever against the County. Employee expressly agrees that by
entering into this Agreement, neither the County nor the County's agents admit any liability or
wrongful acts toward Employee or any other person.
7. Governing Law and Venue. This Agreement shall be governed in all respects,
whether as to validity, construction, capacity, performance, or otherwise, by the laws of the State
of North Carolina, and no action involving this Agreement may be brought except in the Courts
of the State of North Carolina or Federal District Courts sitting therein.
8. Severabib . If any provision of this Agreement or the application thereof is held
to be invalid, void or unenforceable for whatever reason, the remaining provisions not so
declared shall be construed so as to comply with law, and shall nevertheless continue in full force
and effect without being impaired in any manner whatsoever.
9. Headings. The headings in this agreement are for reference only and shall not
affect the interpretation of this agreement.
IN WITNESS WHEREOF, the undersigned parties execute this agreement in Lillington,
• Harnett County, North Carolina on the date indicated herein.
DARLENE SMITH GODWIN
Date: + 6 t),
Witness:, 9j-_
HARNETT COUNTY
c
By:
Date: �%/Z en j
EXSi]BiT A
•
Re: Reference Letter for Darlene Smith Godwin
To Whom It May Concern:
It is the policy of Harnett County to provide only the following information in response
to requests for employment references: name, age, date of hire, current position title, current
salary, date and amount of most recent increase or decrease in salary, date of most recent change
in position or separation and office to which currently assigned. The following reference is
provided pursuant to this policy.
Ms. Darlene Godwin was originally hired on January 19, 1999 as a temporary part-time
Office Assistant/Computer Operator in the Department of Human Resources at an hourly rate of
$9.00 per hour. On September 30, 1999, she resigned from her most recent position as a
Processing Assistant III with the Department of Public Health at an annual salary of $17,025.
Sincerely,
RELEASE AND SETTLEMENT AGREEMENT •
KNOW ALL MEN BY THESE PRESENTS that MARIE GOODMAN (hereinafter
"Releasor") makes this agreement in release and settlement of all claims against HARNETT
COUNTY, RICHARD WICKER, GARY AVERITTE, RODNEY TART and GULF
INSURANCE GROUP (hereinafter "Releasees'), as is more particularly described herein.
RECITALS
A. There is presently pending in the General Court of Justice, Superior Court
Division, Harnett County, a civil lawsuit, Marie Goodman v. Harnett
County, Richard Wicker, Gary Averitte and Rodney Tart, File No. 00 CVS
1148 (hereinafter "the Lawsuit");
B. The Defendants filed an Answer denying all material allegations in the
Complaint which was filed in the Lawsuit;
C. The parties to the Lawsuit desire to enter into this Release and Settlement
Agreement in order to provide for certain payments in full settlement and
discharge of all claims which have been made, or might have been made,
by Releasor against Releasees and which were, or could have been,
asserted in the Lawsuit, upon the terms and conditions set forth below.
NOW, THEREFORE, it is agreed as follows:
1.0 Release and Discharge
1.1. In consideration of the compromise of disputed claims and the payment of the
sums set out below by the Releasees to Releasor, the receipt of which Releasor hereby
acknowledges, Releasor voluntarily and knowingly executes this Release with the express •
intention of effecting the extinguishment of any and all rights, claims, demands or obligations
which Releasor has against Releasees on account of, connected with, or growing out of the
matters referred to herein.
1.2. Releasor acknowledges and agrees that the release and discharge set forth herein
is a general release of all claims her on behalf. Releasor expressly waives and assumes the risk
of any and all claims for damages which exist as of this date on her behalf, but of which Releasor
does not know or suspect to exist, whether through ignorance, oversight, error, negligence, or
otherwise, and which, if known, would materially affect Releasor's decision to enter into this
Release and Settlement Agreement. Releasor further agrees that Releasor has accepted payment
of the sums specified herein as a complete compromise of all matters involving disputed issues
of law and fact as they relate to claims on her behalf. Releasor assumes the risk that the facts or
law may be other than Releasor believes. It is understood and agreed to by the parties that this
settlement is a compromise of a doubtful and disputed claim, and the payments are not to be
construed as an admission of liability on the part of Releasees, by whom liability is expressly
denied.
1.3. Releasor does for herself, her agents, heirs, assigns, attorneys, servants, insurers,
family members, and representatives hereby RELEASE, ACQUIT, HOLD HARMLESS, AND
FQREVER DISCHARGE Releasees and their past, present, and future agents, servants,
employees, officers, representatives, directors, board members, commissioners, subsidiaries,
attorneys, affiliates, partners, predecessors, successors in interest, assigns, family members,
owners, insurers, officials (elected and appointed), and all other persons, firms, corporations, or
other entities with whom any of the above have been, are now, or may hereafter be affiliated, in
their individual and official capacities, of and from any and all claims, actions or causes of
action, demands, damages (actual, consequential, compensatory, treble, nominal, and punitive),
• costs, pre judgment interest, debts, unpaid bills, judgments, expenses, liabilities, attorneys' fees,
interest, legal costs, injunctive or declaratory relief, whether known or unknown, whether in law
or in equity, whether in tort or contract, of any kind or character, which they now have, or might
otherwise have, on her behalf against Releasees arising out of Releasor's employment with
Harnett County, or the separation thereof, or arising out of the matters set out in the Complaint
which was filed in the Lawsuit and which were, or could have been, asserted in the Lawsuit on
her behalf, including, without limitation, claims for intentional infliction of emotional distress;
claims for negligent infliction of emotional distress; claims for assault; claims for battery; claims
for verbal abuse; claims for sexual harassment; claims alleging wrongful use of county resources;
claims for malicious, willful, wanton, and reckless disregard for Releasor's mental and emotional
well-being; claims for negligence; claims based on vicarious liability or respondeat superior;
claims for severe mental and emotional distress; claims for humiliation and embarrassment in the
workplace; claims for the loss of quiet enjoyment in the workplace; claims for wrongful
discharge; claims for constructive discharge; claims for damage to reputation; claims for loss of
earnings past, present and future; claims for pain and suffering; and all other claims on behalf of
Releasor arising under North Carolina or federal law concerning the incidents referenced in the
Complaint which was filed in the Lawsuit and which were, or could have been, asserted in the
Lawsuit on behalf of Releasor. It is the intent of Releasor that all claims or matters that are, or
might be, in controversy between Releasor and Releasees are forever put at rest, it being
Releasor's intention to forever discharge and release all past, present and future claims against
Releasees for all consequences resulting or potentially to result from Releasor's alleged injuries
or damages sustained as a result of the aforementioned incidents. This Release and Settlement
Agreement shall be a fully binding and complete settlement among the Releasor, Releasees and
their heirs, assigns, and successors.
2.0 Payments
2.1. In consideration of the release set forth above, Releasees agree to pay to Releasor
• the sum of Seventeen Thousand Five Hundred and 00/100 dollars ($17,500.00)
2.2. Releasor shall be solely responsible for satisfying out of said payment any and all
attorneys' fees and expenses and any liens which may be enforceable by Releasor's attorneys as
well as any other liens or expenses of any type or character which might be enforceable by any
individual or entity with respect to the proceeds of this settlement or otherwise.
3.0. Dismissal of Lawsuit.
3.1. Releasor. agrees to dismiss with prejudice all of her claims against Releasees
asserted in the Lawsuit currently pending in Harnett County Superior Court.
4.0. Payment of Liens, Subrogated Interests, and Rights of Assignment.
4.1 It is further agreed that Releasor shall pay or cause to be paid, and hereby directs
and authorizes Releasor's attorneys to pay, any and all liens or subrogated interests or rights of
assignment against these funds out of these funds whether such lien arises by operation of law,
agreement, or otherwise, and that Releasor will save and hold harmless Releasees therefrom. It
is agreed that Releasor shall be solely responsible for the payment and satisfaction of any such
liens, subrogated interests, or rights of assignment.
5.0. Representation of Comprehension of Document.
5.1 In entering into this Release and Settlement Agreement Releasor represents that
Releasor has relied upon the advice of her attorneys, who are the attorneys of her own choice,
concerning the legal and income tax consequences of this Release and Settlement Agreement;
that the terms of this Release and Settlement Agreement have been completely read and
explained to Releasor by her attorneys; and that the terms of the Release and Settlement
Agreement are fully understood and voluntarily accepted by Releasor. •
6.0. Indemnification.
6.1 Releasor further agrees, in consideration of the above -referenced payments, and
other good and valuable consideration, and hereby promises, to indemnify and save and hold
harmless Releasees of and from any and all actions, causes of action, claims, demands, or further
litigation that may result from the incidents referenced herein, or from any payments made
pursuant to this Release and Settlement Agreement, in the event that any action, claim, demand,
or litigation arises hereafter as a result of the incidents referenced herein or as a result of any
payments made pursuant to this Release and Settlement Agreement.
7.0. Costs and Attorneys' Fees
7.1 Releasor and Releasees shall each bear their own costs, attorney's fees; and, other
expenses of litigation.
250
8.0. Severability, Errors, and Mistakes.
8.1 In the event that any provision or portion of this Release and Settlement
Agreement shall be found to be void or invalid for any reason, then such provision or portion
shall be deemed to be severable from the remaining provisions or portions of this Release and
Settlement Agreement, and it shall not affect the validity of the remaining portions, which
portions shall be given full effect as if the void or invalid provision or portion had not been
included herein. Should it develop that there are any errors or mistakes, whether legal or factual
and whether mutual or unilateral, which cause this Release and Settlement Agreement to be
defective or which cause the release of Releasees to be defective or less than full and complete,
then Releasor will execute any and all instruments and do any and all things necessary to
effectuate a full, final, and complete release of Releasees. All parties agree to cooperate fully
and execute any and all supplementary documents and to take all additional actions which may
be necessary or appropriate to give full force and effect to the basic terms and intent of this
Release and Settlement Agreement.
9.0. Entire Agreement.
9.1 Releasor covenants and agrees that this Release and Settlement Agreement
contains the entire agreement between Releasor and Releasees and that the terms hereof are
contractual and not a mere recital, and shall be binding upon and inure to the benefit of the
executors, administrators, personal representatives, heirs, successors, and assigns of Releasor and
Releasees. Releasor acknowledges that the consideration recited herein constitutes the sole
consideration for this Release and Settlement Agreement and that no other promises, statements,
or representations except as appear herein have been made by any party (or any agent, attorney,
or representative thereof) to induce Releasor to enter into this Release.
10.0. Warranty of Capacity to Execute Agreement/Governing Law
10.1 Releasor represents and warrants that no other person or entity has, or had, any
interest in the claims, demand, obligations, or causes of actions referred to in this Release and
Settlement Agreement, except as otherwise set forth herein; that Releasor has the sole right and
exclusive authority to execute this Release and Settlement Agreement and receive the funds
specified in it; and that Releasor has not sold, assigned, transferred, conveyed, or otherwise
disposed of any of the claims, demands, obligations or causes of action referred to in this Release
and Settlement Agreement. This Release and Settlement Agreement shall be construed and
interpreted in accordance with the laws of the State of North Carolina.
10.2 Releasor represents and warrants that she is competent to enter into this Release
and Settlement Agreement.
11.0. Final Release
11.1 Releasor intends to release Releasees, thereby terminating all the disputes,
controversies, claims and causes of action on her behalf which exist or have existed as of the date
of this agreement or which may exist after the date of this agreement and this release should be
interpreted and construed broadly to accomplish such intent and purpose. Therefore, in
consideration of the agreement made hereunder by Releasees, and for other good and valuable
consideration, the receipt and sufficiency of which is acknowledged, Releasor, for her decedents
and heirs, successors, and assigns, and personal representatives expressly releases and forever
discharges Releasees and their respective decedents, heirs, successors, assigns, attorneys,
personal representatives, and insurers from all actions, causes of action, suits, claims, or demands
of whatsoever kind or character, at law or in equity, whether the liability be joint or several,
known or unknown, which exist or may exist on the date hereof or which may exist in the future,
for, upon, or by reason of any transaction, matter, occurrence, act, omission, or statements
heretofore made by a party or her attorney, or act, omission, cause or thing whether related
directly or indirectly to the subject matter made the basis of the claims herein.
12.0. Effectiveness
12.1 This Release and Settlement Agreement shall become effective immediately
following execution by Releasor.
13.0 Confidentiality
13.1 Releasor agrees that this settlement, and the terms thereof, shall remain
confidential except to the extent that disclosure is required by law.
14.0 Future Employment
14.1 Releasor agrees to neither apply for nor accept any future positions with Harnett
County or any of its departments or divisions.
This theday of March, 2001.
APPROVED:
James M. Cooper
1719 Ramsey Street
Fayetteville, NC 28301
MARM GOODMAN
For Releasor
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•
•
Attorney for Releasor
25
STATE OF f o& L(D I I110v
COUNTY OF 11d
I, Vj.g�a Notary Public of the State and County aforesaid, do hereby certify that
MARIE OODMAN, personally appeared before me this day and acknowledged the due
execution of the foregoing instrument.
WITNESS my hand and notarial seal, this a day of (&,-G; , 2001.
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Notary Public ``� a DF4_
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•
•
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
MARIE GOODMAN,
Plaintiff,
VS.
HARNETT COUNTY and
RICHARD WICKER, GARY
AVERITTE and RODNEY TART,
Defendants as Individuals,
Defendants
IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
FILE NO.: 00-CVS-1148
NOTICE OF DISMISSAL
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NOW COMES Plaintiff, through counsel and pursuant to Rule 41(a)(1) of the North
Carolina Rules of Civil Procedure, and voluntarily dismisses this action with prejudice.
This the:26 day of March, 2001.
/J�amesM. Cooper, Esq ►re
1719 Ramsey Street
Fayetteville, North Carolina 28301
Attorney for Plaintiff
CERTIFICATE OF SERVICE
This is to certify that the undersigned has this date served the foregoing NOTICE OF
DISMISSAL WITH PREJUDICE in the above -captioned action upon the persons listed below
by depositing a copy thereof in a postpaid wrapper in a post office or official depository under
the exclusive care and custody of the United States Postal Service, addressed as follows:
ADDRESSEE:
Mark A. Davis, Esquire
Womble Carlyle Sandridge & Rice
Post Office Box 831
Raleigh, North Carolina 27602
This the 4�— day of March, 2001.
James M. Cooper