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08161982105 HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, AUGUST 16, 1982 The Harnett County Board of Commissioners met in regular session on Monday, August 16, 1982, in the Commissioners Room, County Office Building, Lillington, North Carolina, with the following members present: Lloyd G. Stewart, M. H. Brock, Bill Shaw, Rudy Collins, and Chairman Jesse Alphin presiding. Vanessa W. Young, Clerk to the Board, and Holt Felmet, Attorney with Woodall, McCormick, and Felmet, were also present. CALL TO ORDER Chairman Jesse Alphin called the meeting to order at 7:30 p.m. PRAYER Commissioner Bill Shaw led the evening prayer. MINUTES APPROVED The minutes from the Harnett County Board of Commissioners meeting of August 2, 1982, were approved as read. TAX COLLECTOR The Harnett County Board of Commissioners charged Thomas Allen, CHARGE Tax Collector,with the following: NURSING HOME ADVISORY BOARD COUNTY OF HARNETT STATE OF NORTH CAROLINA TO: The Tax Collector of Harnett County You are hereby authorized, empowered, and commanded to collect the taxes set forth in the tax records filed in the Office of the Tax Supervisor and in the Tax Receipts herewith delivered to you, in the amounts and from the taxpayers likewise therein set forth. Such taxes are hereby declared to be a first lien upon all real property of the respective taxpayers in the County of Harnett, and this order shall be a full and sufficient authority to direct, re- quire, and enable you to levy on and sell any real or personal property of such taxpayers, for and on account thereof, in accordance with law. Witness my hand and official seal this Sixteenth Day of August, Nineteen Hundred and Eighty -two. ATTEST: s/ Vanessa W. Young Clerk to the Board HARNETT COUNTY BOARD OF COMMISSIONER s/ Jesse Alphin Jesse Alphin, Chairman May Marshbanks, Director of the Harnett County Council on Aging, appeared before the Board and recommended that the following be appointed or reappointed to the Nursing Home Advisory Board: 1. Appointment of O. M. "Joe" Leslie, Fairfield Circle, Dunn, NC 28334, for an initial one -year term. 2. Appointment of B. T. Williams, Rt. 1, Box 515, Lillington, NC 27546, for an initial one -year term. 3. Reappointment of Ms. Ann Stafford Reece, c/o First Baptist Church, Buies Creek, NC for a three -year term. Commissioner Collins made a motion that the above appointments and reappointment be approved. Commissioner Stewart seconded the mo- tion and it carried. PLANNING REPORT Mansfield Elmore, Director of Lee - Harnett Mental Health, appeared FOR DEINSTITUTION- before the Board and explained to the Commissioners that the State ALIZATION and HEW suggested that a plan be drawn up whereby the mentally ill would be taken out of the State Institutions such as Dorothy Dix and be cared for in the local communities. As a result of this, the "Planning Report for the Deinstitutionalization of the Mentally I11 of the South Central Region" was developed and presented to the State Division of Mental Health. Dr. Sarah Morrow, Secretary of the 'Department of Human Resources, in turn requested that this plan be presented to the Area Mental Health Boards and County Boar of Commissioners so they would have an opportunity to express their opinions toward the approval of this Plan. Following a discussion of this matter, Commissioner Brock made a motion that the Board go on record as opposing the "Planning Report for the Deinstitu- tionalization of the Mentally I11 of the South Central Region ". Commissioner Stewart seconded the motion and it carried. HUD HOUSING ASSIST- Commissioner Shaw made a motion that the Board adopt the following ANCE resolution amending the Housing Assistance Plan as submitted to HUD on June 30, 1981; Commissioner Collins seconded the motion and it carried: •: 06 HARNETT COUNTY NORTH CAROLINA RESO LUT ION WHEREAS, the County of Harnett prepared and submitted to the Department of- Housing and. Urban Development a Housing Assistance Plan on June 30, 1981; and WHEREAS, said Housing Assistance Plan set forth a goal of 20 newly constructed units for elderly; and WHEREAS, the-Department of Housing and Urban Development has offered to Harnett County's jurisdiction the opportunity for developers to apply -under the Section 202 program for the construction of 50 housing units for elderly;' and WHEREAS, certain private developers have submitted proposals for, the construction of such units; and WHEREAS, the Director of Community Development, Harnett County, 'recom- mends that this goal be increased to further satisfy the Countys needs. Now, therefore, be it resolved by the Board of Commissioners of Harnett County as follows: SECTION 1. Part V, Line 1, Column A be changed to indicate a goal of 50 units, new construction, elderly SECTION 2. This resolution shall take effect immediately. DONE THIS THE 16TH DAY OF AUGUST, 1982. HARNETT COUNTY BOARD OF COMMISSIONERS S/-Jesse Alphin- Chairman TRANSPORTATION PLAN Mr- -Cliff Strassenburg, Cumberland County Planner, appeared CUMBERLAND - FAYETTE - ,before the Board and explained that the City of Fayetteville VILLE 'J-Town of Hope Mills, Town of Spring Lake, Cumberland County, - and the North Carolina Department of Transportation had entered into a Memorandum of Understanding concerning a comprehensive Transportation Development Program for that area. > Mr. Strassenburg stated that this program had been in operation in Cumberland County for several years and that this year because of the updated census report, a portion of Western Harnett County was incorporated into the Fayettevill Cumberland County Planning Program. Therefore, it is neces- sary for them to extend their program to the Western part of the County, and felt that they should offer Harnett County an opportunity to enter into a Memorandum of Understanding.. The only obligation on the part of the County would be to appoint a member -of the Board to serve on the Transportation Advisory Committee and a;person from the County to serve on the Technical Coordinating Committee. Following a discussio of this program, Commissioner Shaw made a motion that the County enter into a Memorandum of Understanding which would have to be drawn up including the western.portion':of Harnett County in the present Fayetteville - Cumberland County Plannin. Program, Commissioner Stewart seconded the motion and it carried. AIRPORT PROPOSALS Clenton Smith, Director of Harnett County Planning & Develop FOR ENGINEERING SERVICES ment`Office,'appeared before the Board and stated that the County had received proposals from the - engineering firms of Ragsdale, Hobbs, and Talbert, Cox & Associates to provide consulting and engineering services for improvements at the Airport. Mr. Smith informed the Board that the Airport Com- mittee, the County Manager, and he had studied the proposals and recommended the following: 1 Harnett County Board of Commissioners select Talbert, Cox and Associates to prepare applications and provide necessary consulting and engineering services, on a contract basis, to be approved by the County Manager or Chairman of County Board of Commissioners on the - following projects: a) Power Line Relocation $2,743 b) ALP Update 3,789 c) Apron Expansion and Stub Taxiway 6,000 10'1 ACTION RESOLUTION RECOM- MENDING CHANGES IN SUBDIVISION ORDINANCE 2. Harnett County Board of Commissioners select Talbert, Cox and Associations to prepare applications and provide necessary consulting and preliminary engineering costs, on a contract basis, to be approved by the County Manager or Chairman of County Board of Commissioners, on the following project: a) Taxiway Turnaround Not to Exceed b) Partial Parallel Taxiway $500 (FY 1982) The Airport Committee recommends that the following action be taken contingent upon the approval of the above applications: 3. Harnett County Board of Commissioners select Talbert, Cox and Associates to prepare applications and provide necessary consulting and engineering services, on a contract basis, to be approved by the County Manager or Chairman of County Board of Commissioners on the following projects: a) Taxiway Turnaround Not To Excced b) Partial Parallel Taxiway $9,100 (FY 1982) Commissioner Brock made a motion that the above recommendations be approved, Commissioner Collins seconded the motion and it carried. Clenton Smith, Director of Harnett County Planning & Development Office, appeared before the Board and presented the following resolution from the Planning Board recommending that the County's subdivision ordinance be amended: RESOLUTION WHEREAS, the County Subdivision Ordinance as currently drawn would require that all subdivisions of land in the County resulting in tracts of land of ten acres or less be considered and approved by the Planning Board prior to transfe the purpose being to consider suitability of the land for development purposes and to presumably not permit the sell of small tracts of land not suitable for development purposes; WHEREAS, this is a very cumbersome process to buyers and sellers of single tracts of land which could take up to several weeks and because it is so cumber some appears to have been universally ignored by transferors of single tracts of land where residential subdivisions of several lots are not contemplated by the seller; WHEREAS, the extent of non - compliance has recently become known by the Planning Board because of the initiation of a new procedure under which applica- tion for septic tank permits are routed by the Planning Department; WHEREAS, the only enforcement tool included in the ordinance to enforce compliance is the process of issuance of criminal warrants against the seller; WHEREAS, the ordinance has not been enforced as of this date in that no criminal warrants have been drawn at the instance of either private citizens or law enforcement officials within the County; WHEREAS, the ordinance, as now structured, requires that all subdivisions of land within the meaning of the ordinance being transferred in the County which result in tracts of land of less than ten acres, whether the land be commercial, agricultural, timber, mineral, or residential, have 80 feet of frontage on a public road, built to specifications acceptable to the State of North Carolina nd having a 60' right of way; WHEREAS, in our County there exist many tracts of land containing one or two houses which tracts do not front on paved roadways and which houses have been served by small driveways with rights of way across the lands of others which were reserved years ago and are not 60' in width, or which are served by roads which were once public roads years ago but were not taken over by the State when it took administration of the road system from the counties; WHEREAS, the County may want to consider allowing the sale of small tracts served by driveways, existing farm roads, and old public roads that are not kept up by the State to be made under limited circumstances and with full road disclosure statements to the buyers including an explanation as to consequences and responsibilities for maintenance of said private road as required by N.C.G. S. 136 -102.6 (f); NOW, THEREFORE, BE IT RESOLVED that the Planning Board recommends that Section 3.0 of the County Subdivision Ordinance be amended to read as follows: 108 SECTION 3.0 GENERAL A. All subdivision of land except those described in Subsection B. below within the subdivision jurisdiction of Harnett County shall hereafter conform to the procedure contained within the articles of this Ordi nance. This Subdivision Regulation Ordinance requires that a plat be "prepared,' approved, and recorded pursuant to the provisions of this Ordinance whenever a subdivision of land takes place. If the subdivision contains one to -five lots, it qualifies as a minor subdiv- isian. The discussion of minor subdivisions is found in Article 3, Section 3.4. That. there shall be excepted from the procedures contained in the of this Ordinance subdivisions of tracts of land having frontage on private streets when disclosure statements are given as required by North Carolina General Statute 136- 102.6(f) or on neighborhood public roads as defined by North Carolina General Statute 136 -67 where disclosure statements are given as requested by North Carolina General - Statute 136 - 102 :6(f); -said exception is to apply only when the seller files with the County as affidavit that he does not contemplate that the private street or neighborhood, public road will serve more than three dwelling units and no commercial or industrial sites BE IT FURTHER RESOLVED that. the Planning Board recommends that the County study in detail the feasibility of incorporating into the subdivision ordinance provisions for private roads under limited circumstances in the County and consider the feasi -- bility of making enforcement of the Subdivision Ordinance more practical by requir- ing compliance with that ordinance in order to get certificates of complainace for septic tanks and /or building permits and deeming non - compliance with the ordinance to be an encumbrance covered by the warranty against encumbrances in general warranty deed -to the extent permitted by state law; additionally, the Planning Board recommends that the County consider amendments which would enable buyers and sellers of single tracts of land on paved public roads to meet requirements of the ordinance rapidly so that real estate transactions of small tracts would not be held up any longer than, absolutely necessary.- Adopted this the 12th; Day of August, 1982. ACTION PUBLIC LIABILITY INSURANCE LEGAL BOUNDARY DESCRIPTION- BOONE TRAIL s/ Casey S. Fowler Chairman Harnett County Planning Board Commissioner Stewart made a motion that the Board accept these recommendations for study, Commissioner'Shaw seconded the motion and it carried. Commissioner Collins made a motion that the subdivision plat for B. G. Tutor, located in Buckhorn Township on SR 1409 be approved; Commissionei Shaw seconded the motion and it carried. Commissioner Stewart made a. motion -that the Geraldine Holden Subdivi - sion plat located in Neils Creek Township on SR 1538 be approved; Commissioner - Collins seconded the motion and it carried. The expenditure report of the period ending July 30, 1982, with the Board. as filed Commissioner . Stewart made a motion that M. H. Brock, County Manager, be authorized to submit the application for the County's Public Liabil- ity Insurance to The Hunt Agency. Commissioner Shaw seconded the motto and it carried. Commissioner- Stewart made a motion that the following boundary descrip- tion for - -the Boone Trail Fire District be approved; Commissioner Shaw seconded the motion and it carried: BOUNDARY- DESCRIPTION - -THE BOONE TRAIL FIRE DISTRICT Beginning at a -point (1) at the intersection of-S.R. 1257 and S. R. 1258; thence- in a southwesterly direction to a point (2) at the intersection of S.R. 1258 and U. S. Highway 421; thence in a southeasterly direction to a point (3) on S. R. 1291, .6 miles east of its intersection with '5 R. 1258;: thence directly south to a point (4) on S. R. 1229, 1.1 miles east of its intersection with S:R. 1251; thence in a southwesterly direction to a point (5) at the intersection of -S :R. 1253 and S. R. 1251;, thence in a southwesterly direction to a point (6) on S. R. 1252, 1 mile south- -east of its intersection with S.R. 1250, excluding all property on-S.R. 1251 south of its intersection with S, R. 1253, thence on in a southwesterly direction to a point (7) at the intersection of -S. R. 1250 and 1252;' thence in a southwesterly direction to a point (8) at the intersection of S. R. 1245 and S. R. 1244 excluding all property on S. R.-1244 between this and the preceeding point; thence in a westerly direction to -a point (9) on S. R.1238,'3 miles south of its intersection with'S.:R. 108 1245; thence in a northwesterly direction to a point (10) at the intersection of S. R. 1229 and 1233; thence in a northwesterly direction to a point (11) on S.R. 1234, .4 miles south of its intersection with S. R. 1233; thence in a northwesterly direction to a point (12) on S. R. 1232, 2.0 miles southeast from its intersection with S. R. 1291; thence in a northwesterly direction to a point (13) on S. R. 1231, .8 miles southwest of its intersection with S. R. 1281; thence in a northwesterly direction to a point (14) at the intersection of S. R. 1291 and U. S. Highway 421; thence in a northeasterly direction to a point (15) on S. R. 1265, .3 miles northwest of its intersection with U. S. Highway 421; thence in a northeasterly direction to a point (16) on S. R. 1273, .6 miles west of its intersection with S. R. 1269; thence in a northeasterly direction to a point (17) on S. R. 1269, .5 miles northwest of its intersection with S. R. 1273; thence in a northeasterly direction to a point (19) on S. R. 1266, 1.3 miles northeast of its intersection with S. R. 1265; thence, in a northeasterly direction to a point (20) .4 miles due north of the deadened point of S. R. 1250; thence in a southeasterly direction to a point (21) on S. R. 1257, .6 miles east of its intersection with 1262; thence in a southeasterly direction to the point of beginning, excluding all property north of the line connecting point (21) with the point of beginning. ATTEST: s/ Vanessa W. Young Clerk to the Board s/ Jesse Alphin Chairman, Board of County Commis- sioners PLANNING BOARD Clenton Smith, Director of Planning & Development, informed the MEETING TIME Commissioners that the Planning Board had decided to go back to meet CHANGED ing on the third Wednesday night of the month. ADJOURNMENT There being no further business, the Harnett County Board of Commissioners duly adjourned its meeting of August 16, 1982, at 9:20 p.m. Secretar airman 7/ Clerk