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01031983181 HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, JANUARY 3, 1983 CALL TO ORDER PRAYER RAY STONE, DOT The Harnett County Board of Commissioners met in regular session on Monday, January 3, 1983, at 9 a.m. in the Commissioners Room, County Office Building, Lillington, North Carolina, with the following members present: Lloyd G. Stewart, Rudy Collins, Bill Shaw, M. H. Brock, and Chairman Jesse Alphin presiding. Vanessa W. Young, Clerk to the Board, and Robert Morgan, County Attorney, were also present. Chairman Jesse Alphin called the meeting to order at 9 a.m. Commissioner Bill Shaw led the morning prayer. Ray Stone, Assistant District Engineer with the North Carolina Department of Transportation, appeared before the Board to discuss road matters and situations in Harnett County. CYPRESS CREEK Burr Webster presented to the Commissioners the report on the Cy- FIRE PROTECTION press Creek Fire Protections Service District. Following a DISTRICT discussion of the report, Commissioner Stewart moved for the adoption of the following resolution authorizing a public hearing on the creation of this district to be held on February 24, 1983. Commissioner Shaw seconded the motion and it carried: Resolution Authorizing Public Hearing on Creation of Cypress Creek Fire Protection Service District Resolved that the report on Cypress Creek Fire Protection Service District be filed with the Clerk to the Board this date and that a public hearing be and the same is hereby set for February 24, 1983, at 8 p.m. at the Community Building of the Cypress Creek Church located at the intersection of S. R. No. 1103 and S. R. 1107; and that notice of said hearing be sent to eac owner of property in the proposed District as shown by the County tax records as of January 1, 1982, at least four (4) weeks prior to the hearing by the tax supervisor; that notice of the hearing be published in the Harnett County News at least once not less than one week prior to the hearing; further that the Clerk to the Board obtain an Affidavit of Publication from the Editor of said paper and that the tax supervisor certify to the Board of County Commissioners of Harnett County on or before said hearing that this mailing to owners of property in said District has been completed. The Form of said Notice shall be as follows: NORTH CAROLINA HARNETT COUNTY NOTICE TO OWNERS OF PROPERTY IN THE JOHNSONVILLE TOWNSHIP WHO ARE WITHIN THE BOUNDARIES OF THE PROPOSED CYPRESS CREEK FIRE PROTECTION SERVICE DISTRICT (that area within Johnsonville Township hereinafter defined). Take notice that a hearing will be held on the 24th day of February, 1983, at 8 O'Clock, P.M. at the Community Building of the Cypress Creek Church at the intersection of S. R. No. 1103 and 1107 for the purpose of hearing matters relevant to the creation of a fire protection service district. A map of the proposed district is attached or appended to this Notice. The boundaries of the proposed Cypress Creek Fire Protection Service District as shown on said map encompasses the area within the Johnsonville Township where boundaries begin at a point (1) on the Moore /Harnett County line, where it intersects with Highway 24/27; thence in an easterly direction to a point (2) on Highway 24/27 at its intersection with S. R. No. 1103; thence in a southeasterly direction to a point (3) on S. R. No. 1107 at Walter Roger's house, 6/10 of a mile northeast of the intersection of S.R. No. 1107 with S. R. No. 1106; thence in a northwesterly direction along the Moore - Harnett County line to a point (4); thence in a northeasterly direction along the Moore - Harnett line back to point (1). A report entitled "Report on Cypress Creek Fire Protection Service District' was filed with the Board of Commissioners of Harnett County, on the 3rd day of January, 1983, and is available for public inspection at the Office of the Clerk to the Board of Commissioners HARNETT COUNTY BOARD OF COMMISSIONERS s/ Jesse Alphin Chairman h 182 WOMBLES SUBDIVISION PLAT BUDGET AMENDMENT TO MAPLE GROVE -- VANS Clenton Smith, Director of'Planning, appeared before the Board and presented a plat for Wombles'.Subdivision to the Board for consideration. Commissioner Shaw made a motion that Wombles Subdivision Plat located on -SR 1131 in Lillington Township be approved. Commissioner Collins seconded the motion and it carried. Dr. Harry;Laxche appeared before the Board and requested that the 'Maple Grove Budget be amended by $12,000. He explained that approximately $8,190 of this appropriation would be used as the County's match for the purchase of five passenger vans, which are available through Section 16(b)(2) of the Urban Mass Transportation Act. The balance of this proposed amendment -would be, used to help met the transportation needs of Harnett Production Enterprises, Commissioner Stewart made a motion Maple Grove School, Code 10- 690 -093, be amended by $12,000.. Commissioner Shaw seconded the motion and it carried: AIRPORT GRANT Commissioner Brock made a motion that the County enter into the. AGREEMENT FOR following grant agreement with the North Carolina- Departmentfrof $41,700 STATE Transportation to receive $41,700 to construct a general aviation FUNDS apron and for the addition of a connecting taxiway at the Harnett County Airport. Commissioner Collins seconded the motion and the grant agreement was unanimously approved: Grant Agreement State Aid to Airports between The Department of Transportation, an Agency of the State of North Carolina and Harnett County. Airport: Harnett County Project No 82- 06/83 -09 Work Order No 9.9001421 This agreement made and entered into this the day of by and between the NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, an agency . of. the State of North- Carolina (hereinafter referred to as "Department") -and the County of Harnett (hereinafter referred to as "Sponsor ") W I T N E S S E T H WHEREAS, Chapter 63 of the North Carolina General Statutes authorizes the Department, subject to the limitations and conditions stated therein, to provide State Aid in the forms of loans and grants to cities, counties, and public airport authorities of North Carolina for the purpose of planning, acquiring, and improving municipal, county, and other publicly -owned or pub licly - controlled airport facilities, and to authorize related programs of aviation safety, education, promotion and long -range planning, and WHEREAS, the Sponsor has made a formal application dated the first day of December, 1982, to the Department for State, Financial Aid for the Harnett County Airport, and WHEREAS, a grant in the amount of $41,700 has been approved to the. eonditions and limitations herein, and WEIEREAS) the grant of State Airport Aid funds will be used for the following approved items of. work (hereinafter referred to as the "Project ").. "Construct general aviation, apron; add connecting taxiway." NOW, THEREFORE, the Sponsor and the Department do mutually agree as follows: 1. That the Sponsor shall promptly undertake the Project and complete all work on the Project prior to the 1st day of January, 1984, unless a written extension of time is granted 111 writing by the Department.. 2. Work performed under this Agreement shall conform to the approved Project. Any amendments to, or modification of, the scope and terms of this Agreement shall be in the fotux of an Agreement Modification mutually executed by the Sponsor and the Department, except that an extension of time frame for completion may be made by the Department by written notification to the Sponsor. 3. If through any cause, the Sponsor shall fail to fulfill in a timely and proper manner his obligation under this Agreement, or if the Sponsor i shall violate any of the covenants, agreements, or stipulation of this: Agreement, the Department -shall have the right to terminate this Agreement by giving written notice to the Sponsor of such termination and specifying the effective date of such termination at least fifteen (15) days before such termination. In such event, the Sponsor shall receive compensation 1 1.83 1 equal to fifty percent (50 %) of the non - federal share of any work accept- able to the Department which has been completed prior to the effective date of termination of this Agreement. 4. Attached hereto and made part of this Agreement are attachments A, B, C, D, & E which contain special conditions for the conduce of the Project and which special conditions shall be binding upon the Sponsor and the Department. IN WITNESS WHEREOF, THE PARTIES HERETO HAVE EXECUTED THIS GRANT AGREEMENT THE DAY AND YEAR FIRST WRITTEN ABOVE: NORTH CAROLINA DEPARTMENT OF TRANSPORTA- TION HARNETT COUNTY RESOLUTION REGARDING A motion was made by Commissioners Brock and seconded by ABOVE GRANT Commissioner Collins for the adoption of the following resolu- tion, and upon being put to a vote was duly accepted: GRANT FOR CLEAN WATER FUNDS IN THE AMOUNT OF $546,913 WHEREAS, a grant in the amount of $41,700 has been approved by the Department; and WHEREAS, an amount equal to or greater than the approved grant has been appropriated by the Sponsor for this Project. NOW, THEREFORE, BE AND IT I5 HEREBY RESOLVED THAT THE County Manager 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. M. H. Brock, County Manager, informed the Board that the County had received a grant offer from the Division of Environmental Management in the amount of $546,913 for the Buies Creek -Coats Water and Sewer District, Project No. WT -389. Mr. Brock explained that these funds are available through a state grant under the Pollution Control Account of the Clean Water Funds to aid in the cost of the construction of approximately 42,000 L. F. of 8 -inch through 12 -inch interceptor sewer; 27,500 L. F. of 4 -inch through 8 -inch force main; and five pumping stations for the Buies Creek -Coats Water and Sewer District. Commissioner Brock made a motion that the Board adopt the following resolution accepting this grant offer. Commissioner Stewart seconded the motion and it carried with a unanimous vote: HARNETT COUNTY NORTH CAROLINA RESOLUTION WHEREAS, the Buies Creek -Coats Water and Sewer District, Project No. WT -389 has been determined eligible for grant assistance from Statewide Allocated Funds under the Pollution Control Account of the Clean Water Fund to aid in the cost of the construction of approximately 42,000 L. F. of 8 -inch thru 12 -inch interceptor sewer, 27,500 L. F. of 4 -inch thru 8 -inch main and five (5) pumping stations; and WHEREAS, the North Carolina Department of Natural Resources and Community Development, Division of Environmental Management, has made a grant offer to Harnett County in the amount of $546,913. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that the County accepts this grant offer in the amount of $546,913 and makes the assurances contained therein; and FURTHER RESOLVED that Jesse Alphin, Chairman of the Harnett County Board of Commissioners is hereby authrozed toexecute this offer on behalf of the County of Harnett. Adopted this the third day of January, 1983. s/ Jesse Alphin Chairman . RESOLUTION RE: COUNTY TAKING OVER WASTEWATER TREATMENT PLANT IN BUIES CREEK Commissioner Collins moved for the adoption of the following resolution whereas the County will take over and begin operations of the County'-s treatment plant in Bues Creek on January 17, 1983. Commissioner Shaw seconded the motion and it carried with a unanimous vote THAT, WHEREAS, citizens and residents of Harnett County living within _the Buies Creek -Coats Water and Sewer District are in need of an adequate sewage and wastewater collection facility and pursuant to findings by the Enfironmental'Management Commission on the llth day of February,, 1982, that the protections of the public health of said citizens and residents of Harnett County and under authority granted by G. S. 159- 55(c)4, the North Carolina Environmental Management Commissionorderedthat financing arrangement and plans and specifications for the construction of a necessary sewage and wastewater collection facilities be made and, further upon the review and approval of such plans and specifications by the Department of Natural Resources and Community Development, Division of Environmental Management, to proceed as rapidly as possible to construct necessary facilities and place the same in operation under competent supervision, and. WHEREAS, the Buies Creek Waste Water Treatment Plant, a public facility owned by the County of Harnett and currently being operated by Campbell University under a contract governing the operation thereof, has sufficient capacity and is available for use by other citizens of Harnett County 111 that pursuant to the contract of operation of said treatment plant, it is provided in Paragraph Seven thereof as follows:' "The. County may hereafter decide to extend its sewage disposal opera- tion so that many citizens other than the college will be served; if felt advisable by the County, the County may at its option take over the operation and maintenance of the facility; " and, WHEREAS, preliminary plans for the construction of a sewage and wastewater collection system for the Buies Creek -Coats District together with :plans for modifications of the existing treatment plant was submitted., to the voters of the Buies Creek -Coats Water and Sewer District and it received an overwhelming affirmative vote in the form of approval of`a 2.5:million-dollar bond issue to partially finance the ^construction project;' and WHEREAS, shortly thereafter the Campbell University officials through - letter from its corporate attorney did propose to the County Board of - Commissioners that the University be allowed to continue the operation and maintenance of-the Buies Creek Waste Water Treatment Plant for all areas and persons served and to be served under the anticipated Buies Creek-Coats Collection System; and WHEREAS, the County Board... of Commissioners has recelved comment by from the Advisory Council of the Buies Creek -Coats District and the County's Planning and Development Board; and WHEREAS, the County Board of- Commissioners,afterstudy and considera tion of the proposal by Campbell University, was of the opinion that the interest of all persons now served and which are to be served by the Buies Creek Wastewater Treatment Plant, would best be promoted by the opera - tion and maintenance of the treatment plant being transferred to and assumed by the ffarnett County Utility Department which is presently staffed with trained and certified personnel and equipped with laboratory, administrative offices and equipment to properly and adequately discharge the responsibility of such operation and maintenance; and WHEREAS, The County Board of Commissioners did heretofore resolve . that the County Manager be directed to contact the officials of Campbell University and advise that the County desired to take over the operation of the wastewater treatment plant and in accordance with said resolution, the County Manager, did heretofore advise the officials of Campbell University that the County desired to take over the operation of said plant on or about the 30th day of November, 1982; and WHEREAS, the officials of Campbell University refused to deliver the possession of said plant until the County could consider a contract with the University: relative to the continued operation of said plant and the treatment of wastewater from Campbell University therein; and WHEREAS, it appears to the County Board of Conmiissioners that the contract request by Campbell University is not legally acceptable to the County and that contract negotiations have been terminated by counsel for the University, and the County; and 185 BUDGET AMENDMENT SOCIAL SERVICES 610 -002 BUDGET AMENDMENT SOCIAL SERVICES 611 -188 WHEREAS, it has now become imperative that the possession of the County's treatment plant on Buies Creek be delivered to the possession of the County's Utility Department for the purpose of engineering study and experimentation in order that the final plans and specifications can be completed concerning the construction project; and WHEREAS, it has further been made to appear to the County Board of Commissioners that the treatment plant is presently being operated in accord- ance with an interim permit standing in the County's name; that the effluent being discharged by the plant fails to meet standards required by Environmental Management Commission, and that the interim permit expires in July 1983; that the anticipated project is expected to modify the plant and bring the same in compliance with state law; and WHEREAS, it further appears to the County Commissioners that the County 201 wastewater study of the area involved considered environmental problems and concluded that there would be not environmental harm caused by the construction of the anticipated project but on the contrary that the environment would be benefited. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: First: That the County officials be and they are hereby authorized and directed to take over and begin operations of the County's treatment plant in Buies Creek on January 17, 1983, and the County Manager shall advise the officials of Campbell University of the County's intention. Second: That the County officials be and they are hereby fully authorize and directed to take such action (including legal proceedings) as is necessary to immediately cause the operation and maintenance of the County's waste- water treatment plant at Buies Creek be transferred to and assumed by the Harnett County Public Utility Department on January 17, 1983. Third: That the County officials be and they are hereby authorized and directed to advise the North Carolina Department of Natural Resources and Community Development, Division of Environmental Management, and such other State regulatory agencies as is necessary concerning the County's intention to cause the operation and maintenance of the County's wastewater treatment plant at Buies Creek to be transferred to and assumed by the Harnett County Public Utility Department on January 17, 1983. This the 3rd day of January, 1983. TT COUNTY BOARD OF CO i ISSIONERS sse Alphin, Chairm Mrs. Crews, Director of Social Services, appeared before the Board and requested that her salaries and wages budget be amended to reflect additional revenues received for the administering of the low income energy assistance program. Mrs. Crews explained that these funds are 100% federal participa- tion and no county match is required. Commissioner Collins made amotion that Code 610 -002, Salaries and Wages, be increased by $8,194 to reflect these revenues; Commissioner Shaw seconded the motion and it carried with a unanimous vote. Mrs. Crews, Director of Social Services, also requested the Board to amend her Crisis Intervention Budget to reflect an additional allocation of federal funds received for this program. Mrs. Crews explained that no county match was required. Commissioner Collins made a motion that Code 611 -188, Crisis Intervention Program, be increased by $26,624. Commissioner Brock seconded the motion and it carried. BUDGET AMENDMENT Fletcher Hubbard, Chairman of the Harnett County Juvenile Task One -on -One Program Force, informed the Board that the County had received an 615 additional allocation of CBA funds in the amount of $4,850. Mr. Hubbard stated that the Juvenile Task Force had met, and it is their recommendation that these funds be appropriated to the Youth Services Program to reclassify the Director's salary, hire a part -time secretary, and to purchase a file cabinet and typewriter. Following a discussion of this request, Commissioner Brock made a motion that these CBA funds in the amount of $4,850 be appropriated to the Youth Services Program, and that the County Manager and the Task Force evaluate the total budget for the One -on -One Program, Code 615, and determine where these funds could be utilized the most. Commis- sioner Shaw seconded the motion and it carried. BUDGET AMENDMENT: Larry Knott, Operations Officer with the Harnett County SHERIFF Sheriff's Department, requested the Board to amend the CODE 510 -074 Sheriff's Budget by, $3,385 to reflect the money received from the public sale of confiscated and siezed property. Commis- sioner Collins made -a motion that Code 510 -074, Capital Outlay, be increased by $3,385. Commissioner: Brock seconded the motion and it carried. BUDGET AMENDMENT Larry Knott,-- Operations Officer, requested the Board to amend SHERIFF the Communications budget by $1,475. Mr. Knott explained CODE 613 -016 that in July and August, lightening stroke the courthouse damaging the equipment in the Communication center. The insurance company reimbursed the. County $1,475 for the repairs to this equipment. Commissioner Collins made a motion that Code 613 -016, Maintenance & Repair -- Equipment, be increased by $1 ;475; Commissioner Shaw seconded the motion and it car r.ied. SHERIFF'S REPORT TAX. REPORT TAX SUPERVISOR'S' REPORT PENALTY ON TAXES RELEASED TAX ATTORNEY'S' REPORT Larry Knott, Operations' Officer, presented to the Board a report on the activities of the Sheriff's Department for, the month of` December, 1982. Thomas Allen, Tax Collector, reported on the activities of his department for the month of December and his plans for January, 1983. Thomas Allen, Tax Supervisor, requested the following tax releases Jimmie Q.& Jean Matthews, Black River Township, in the amount of $297.92. Their, house had been priced as a completed two -story house for the years 1980 and 81, and upstairs is only partially completed. Charlie Earl & Alice Ivey, Duke Township, in the amount of $178.72. House on lot at 307 S. 16th Street was priced as $16,740 and it should have been $6,700. A. J. White Heirs, Lillington Township, in the amount of $63.84. Lot No 28 was double listed. Commissioner Collins made a motion :that the aforementioned releases be approved. Commissioner Shaw seconded -the motion and it carried. Mr. Allen recommended that - -_a penalty in the amount of $72.48 be relieved to Bill Brown. Mr. Brown who lives in Upper Little River Township listed the property he owns in that township on time and thought that it also included the listing of the property he had recently purchased in Neil's Creek Township. Following a discussion of this request, it was the opinion of the Board that since Mr. Brown has in the past listed his property on time, it was the first- year listing his property in Neils Creek, and he did not understand he had to list it separately. Commissioner Stewart made a motion that the property release to Bill Brown in the . amount of $72.48 be approved. Commissioner Shaw seconded the motion and it carried.'' The following tax attorney's report was filed with the Board: Anderson Creek. Township Harding, Berry' Jr. 81 CVD 1037 158.66, 55.00 Averasboro Township Johnson, Henry Bernice R. Barbecue Township Haire, Charles Edward Duke Township;. McNeill,; Eugene McNeill, Glen. & Clara J. Page, Travis Glenn & Brends Grove Township Allen, Rachel 81 CVD 0235 452.36 90.00 77 CVD 0293 686.05 20.00 81 CVD 1039 No Suit 82 CVD 152 486.58 167.77 55.00 25.00 488.63 55.00 81 CVD 1037 _ 141.76 55.00 1 UNIVISION CABLE ACCEPTANCE RESOLUTION RE: UNIVISION Johnsonville Township Gilchrist, Charlie Edward & Bobby Jean 82 CVD 0893 638.48 55.00 Lillington Township G. C. & Estelle Burgess 81 CVD 1039 1,457.97 55.00 Stewarts Creek Township Elliott, Alexander 82 CVD 0788 197.33 55.00 $4,875.59 $520.00 Bob Jones, attorney representing Univision Cable System, Inc., appeared before the Board and presented the following acceptance of the cable television franchise granted to Univision Cable Systems, Inc: NORTH CAROLINA HARNETT COUNTY TO: The Harnett County Commissioners FROM: Univision Cable Systems, Inc. ACCEPTANCE OF CABLE TELEVISION FRANCHISE GRANTED UNIVISION CABLE SYSTEMS, INC. BY THE COUNTY OF HARNETT Univision Cable Systems, Inc., hereby gives notice of acceptance of that cable television franchise granted it by the County of Harnett, North Carolina, and does agree to be bound by and comply with the ordinances, as amended, adopted by the County with respect to the method of furnishing the construction, operation, and maintenance of a cable television system within the County as well as the ordinance, as amended, granting said franchise to Univision Cable Systems, Inc., and the assurances set forth in the application of Univision Cable Systems, Inc. This the 3rd day of January, 1983. UNIVISION CABLE SYSTEMS, INC. BY: s/ Gail Bailey Vice President Commissioner Brock made a motion that the Board adopt the following resolution concerning the letter of credit by The Carolina Bank for Univision Cable Systems with the stipulation that the letter of credit be renewed on December 29, 1983, or the County will withdraw the total amount. Commissioner Collins seconded the motion and it carried. WHEREAS, Univision Cable Systems, Inc., has filed with the Clerk its written acceptance of the cable television franchise heretofore granted it by the County; and WHEREAS, in accordance with the provisions of Section 11.F of the Ordinance Providing for the Method of Franchising the Construction, Operation and Maintenance of a cable television system in the County of Harnett, State of North Carolina, univision Cable System, Inc., has requested the Board of Commissioners to approve an irrevocable letter of credit by The Carolina Bank in the amount specified in said ordinance as an alternative security for its faithful performance of its operations under said ordinance, as amended, its franchise ordinance, as amended, and the assurances set forth in its application. NOW, THEREFORE, be it resolved that such a letter of credit by The Carolina Bank in the amount specified in said ordinance be and the same is hereby approved as security for the faithful performance by Univision Cable Systems, Inc., for its faithful performance under said ordinances, as amended, and its application; and FURTHER RESOLVED that the Board does hereby acknowledge compliance by Univision Cable Systems, Inc., with the prerequisites required of it for its franchise to be effective. Adopted this the third day of January, 1983. The Board discussed selling the County /s tobacco allotment and appointed Commissioners Stewart and.Collins to follow -up on this matter to see what needs to be done in order to proceed with the sale, either at public auction or sealed bids. MEETING - JANUARY M. Brock, County Manager, announced that there will be a 5, 1983 joint meeting of the Harnett County Board of Commissioners and the Harnett 'Development Commission Board of Directors on Wednesday, January 5, 1983, at 7:30 p.m. in the Development. Office, Lillington, North Carolina, ADJOURNMENT There being no further business, the Harnett County Board of Commissioners duly adjourned at 12 ;10 p.m. ,1r lrman /470:140, Clerk