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10151984HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, OCTOBER 15, 1984 CALL TO ORDER EVENING PRAYER READING OF MINUTES AFFIRMATIVE ACTION PLAN FOR HARNETT COUNTY CENTRAL CAROLINA TECHNICAL COLLEGE - HARNETT COUNTY CAMPU The Harnett County Board of Commissioners met in regular session on Monday, October 15, 1984, in the Commissioners Room, County Office Building Lillington, North Carolina, with the following members present: M. H. Brock, Bill Shaw, Lloyd G. Stewart, and Chairman Jesse Alphin presiding. Vanessa W. Young, Clerk to the Board; Hollie J. Wade, Recording Secretary; and Robert Morgan' County Attorney, were also present. Commissioner Rudy Collins joined the Commissioners meeting at 7:52 p.m. Chairman Jesse Alphin called the meeting to order at 7:35 p.m. Commissioner Bill Shaw led the evening prayer. The minutes from the Harnett County Board of Commissioners meet- ing of October 1, 1984, were approved as read. Roger Sheats, Executive Director of Region "M" Council of Govern- ments, appeared before the Board and presented for the Commis- sioners consideration a proposed Affirmative Action Plan for Harnett County. Mr. Sheats explained the purpose of an Affirma- tive Action Plan and summarized the County's plan. Mr. Brock, County Manager, informed the Board that if they did approve this plan an EEO Officer would need to be appointed, and he recommended that Addie McLean a member of the Manpower Staff, be assigned this responsibility. Following a lengthy discussion, it was the decision of the Board to postpone any action on the proposed Affirmative Action Plan until the mid -month meeting in November. John Phelps with the County Attorney's Office appeared before the Commissioners and explained that at the Commissioners meeting of S August 20, 1984, the Board adopted a resolution which authorized the County to lease to the Board of Trustees for Central Carolina Technical College for 50 years the building and site known as the Industrial Training Center. Mr. Phelps continued to explain that when the State was informed of these arrangements, the North Carolina Department of Community Colleges notified CCTC that a long -term lease was not sufficient. In order to obtain this grant, the County would need to convey the title of the building and property to the Board of Trustees for CCTC. Mr. Phelps stated that after much discussion, it was determined that the best solution to this situation would be for the County to convey the building plus approximately 5 acres to the Board of Trustees of CCTC and lease the remaining portion of this site to them for a 50 year term. Mr. Phelps presented to the Board the resolution authorizing this action and also the contract between the County and the Trustees for the Commissioners consideration. A lengthy discussion followed this presentation, during which several concerns were expressed by Commissioner Collins and Commissioner Shaw over conveying the building and property to the Trustees. It was also stated that Legislation is not going to create any more technical colleges in the counties and that if Harnett County would like to provide this type of education facility to the citizens of this County, this will probably be our only opportunity to create such a facility. Commissioner Shaw stated that he would feel better if we could lease the property and building to the State rather than the Trustees. It was explained that in order for CCTC to get the grant to expand this facility, the building and property would have to be' titled td, the Trustees. Following the discussion, Commissioner Brock made a motion that the Board adopt the following resolution authoriz- ing the conveyance of the Central Carolina Technical College - Harnett County Campus Facility and Property to the Board of Trustees of CCTC; Commissioner Stewart seconded the motion and it passed upon the following vote: Ayes: Commissioners Stewart, Brock and Alphin, Noes: Collins, Abstained: Shaw. RESOLUTION AUTHORIZING CONVEYANCE OF CENTRAL CAROLINA TECHNICAL COLLEGE - HARNETT COUNTY CAMPUS FACILITY AND PROPERTY W I T N E S S E T H: The Harnett County Board of Commissioners has recognized that certain educational facilities should be provided in Harnett County to train County residents for employment at existing industries, to attract new businesses and people to the County and to assure continued employment for County residents. 502 Seeking to fulfill these educational needs for the County, the Board of Commissioners has heretofore authorized the creation of the Central Carolina Technical College - Harnett County Campus, in conjunction with the Central Carolina Technical ,College, as completely and fully set forth in a. "Resolution .Authorizing Creation of Central Carolina Technical ` College .= 'Harnett County Campus, duly adopted by the Board of Commis Signers on August 20, 1984, and recorded in. Book 15, page' 480 -482 of the. - Harnett County Board of Commissioners Minute Book (hereinafter "August 20 Resolution") to the August 20 Resolution, Harnett County had purchase - tract of.land located on Highway 421 between Lillington and Buies Creek onwhich -.to construct a facility to-house educational facilities,. org2nally called the Harnett County Industrial Trainang Center. This tract was acquired by deed from Barbara J.Brownand - husband, Thomas R.-- Brown, Jr. '.dated - July 28, 1982 and recorded in Book .736, page 947 and: Book 750, page 230 of the Harnett County Registry, (said "tract shall hereinafter be referred to as "campus site").c The August 20 Resolutionauthonized.the County to lease the campus . site and the building currently being constructed to Central Carolina Technical College for a term of fifty (50) years. The purpose of the lease was to.satisfy certain rules and,regulations of the-North-Carolina Department of Community Colleges to allow the value of the Harnett County building to be counted towards a local match- ing effort, thus enabling Central Carolina Technical, College to obtain funds-in. which to expand the existing structure. Since August 20, 1984 it was determined by the North Carolina Depart- ment of Community Colleges that along -term lease does not constitute a contribution of local effort. Title to property must be held by the .Board of Trustees of. Central Carolina Technioal College Thus, without title to the property, Central Carolina Technical College would not ob- tain the needed Eunds to expand the £acility It has been determined, after numerous .discussions. and negotiations that in order to proceed with creation and completion of the Central Carolina - Technical College; — Harnett County Campus, title to the facili- ty building currently under construction and a portion of the campus site should be conveyed to' central.Carolina - .Technical College, with the re- mainder of the campus-site leased to Central Carolina Technical College . for fifty (50) years. A Contract.and Lease Agreement has-been prepared incorporating those matters and things originally authorized by the Board of Com- missioners on August 20, 1984, save and except the changes described above regarding conveyance of the building and a portion of the campus site.' The Contract and Lease Agreement reflects the changes described hereinabove. A copy of the Contract and Lease Agreenient is attached hereto as Exhibit 1 and is incorporated herein be reference as if fully set out verbatim.' The Harnett.County:Board of Commissioners now-desires to authorize the execution of the aforenientioned Contract and Lease Agreement. NOW, THEREFORE,. BE: IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS THAT 1. Harnett County,,. by and through its dzily. designated officers. -are hereby. empowered and authorized to enter into the Contract and Lease Agreement attached hereto as Exhibit 1. "...2 Harnett - :County, by. and . - through, its .duly designated officers, -agents and representatives arehereby 'empoweredandauthorized to do . all acts and things, .and executethenecessary documents and papers including, but not limited to, - deedsand leases, in order to imple ment and complete the responsibilities. and agreements of Harnett County made in said.'Contract and Lease Agreement. • RESOLVED-this the 15th day of.'October, 1984. HARNETT COUNTY BOARD OF COMMISSIONERS Jesse >Alphin, Chairman s/ Lloyd G. Stewart s/ M. H. Brock CONTRACT AND LEASE AGREEMENT THIS CONTRACT AND. LEASE AGREEMENT, made and entered into this the 15th day of October, 1984, by and between HARNETT COUNTY, a body politic organized and existing under the laws of the State of North Carolina (hereinafter "County ") and CENTRAL CAROLINA TECHNICAL COLLEGE, an educational institution operating under and by virtue of N. C. Gen. Stat. Chapter 115D, (Hereinafter "Central Carolina "). W I T N E S S E T H: WHEREAS, County, by and through its Board of Commissioners, has recognized that certain educational facilities should be provided in Harnett County to train County residents for employment at existing industries, to attract new businesses and people to the County and to assure continued employment for County residents, and WHEREAS, Central Carolina has agreed to provide substantial finan- cial assistance to County in the construction of a facility to provide educational opportunities and has agreed to create a Central Carolina Technical College - Harnett County Campus, and WHEREAS, County is the owner of a tract of real property fully described in that certain deed dated July 28, 1982 from Barbara J. Brown and husband, Thomas R. Brown, Jr. to County of Harnett, recorded in Book 736, page 947 and Book 750 page 230 of the Harnett County Registry, (said tract shall hereinafter be referred to as "campus site "), and WHEREAS, County has heretofore begun construction of a facility for educational purposes on said campus site, previously known as the Harnett County Industrial Training Center, and WHEREAS, County and Central Carolina have caused certain plans and spedifications (attached hereto as Exhibit A ") to be completed which set out certain modifications and additions on the facility currently under construction, and WHEREAS, it is agreed by County and Central Carolina that such modifications and additions should be incorporated into the facility, (said facility with all modifications and additions shall hereinafter be referred to as "completed facility ") and WHEREAS, it is agreed that County shall convey to Central Carolina a portion of the campus site hereinabove described upon which the com- pleted facility shall be located (hereinafter "conveyed premises "); and WHEREAS, County has agreed to lease to Central Carolina the remainder of the campus site, (hereinafter "leased premises "); and WHEREAS, Central Carolina has agreed to construct on the conveyed premises the completed facility to house the Central Carolina - Harnett County Campus in accordance with the plans and specifications prepared by Moore, Gardner and Associates, Asheboro, N. C. entitled "Harnett County Industrial Training Center, Project No. 2501" and dated October 1983, as modified and amended by the plans and specifications attached hereto as "Exhibit A ". NOW THEREFORE, in consideration of the mutual representations, warranties, convenants, and agreements contained in this Contract and Lease Agreement, and for good and valuatle consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: I. That County shall on October 25, 1984 convey to the Trustees of Central Carolina Technical College, fee simple title to the following tract of land (hereinafter "conveyed premises ") upon which shall be located the completed facility hereinabove described: BEGINNING at a point located North 77 deg. 50 min. 07 sec. West 60 ft. from an existing iron stake (control corner), said existing iron stake (control corner) being located at the point where the dividing line between the property of Harnett County (as acquired in Book 750, page 230 of the Harnett County Registry) and Celia J. Melvin intersects the northern right of was of U. S. Highway 421, and thence from the beginning point hereinabove des- cribed North 12 deg. 11 min. 35 sec. East 440.03 ft. to a point, thence North 77 deg. 48 min. 25 sec. West 665.29 ft. to a point in the line of the Joel Layton Estate and running thence with the line of the Joel Layton Estate 504 South - 42. deg. .13- min..00 sec._ West129.23 ft. to an existing iron stake (control corner) - thence South 49 deg.` 18 min. 44 sec. East 242.76 ft. to an existing iran stake, then South 42. deg. 44 min. 52 sec. East 369.81 ft. to an .existing iran stake in the northern right of way of U: S. Highway 421 and running thence with the northern right `ofway of said highway South 77 deg. 50 min. 07 sec. East 213.88 ft. to the point and place -of beginning.; (Said tract is set forth on a plat prepared by Ragsdale Consultants, P.A., entitled "CentralCarolinaTechnical.- College - Harnett County Campus" dated October 12, 1984 and is designated on the said plat as "Site of the Harnett County Industrial Training. Center 5.23. acres ".. The above described tract .is -a portion of the property acquired by Harnett County by deed dated July 28, 1982 from Barbara. J. Brown and husband, Thomas R. Brown, Jr.,.. recorded,.in Book 736, page 947 and Book. 750,': page 230, Harnett County Registry. IL That Central Carolina shall cause to Le erected and constructed the conveyed premises the completed facility hereinabove described with the plans and specifications prepared by Moore, Gardner and Associates,.. Asheboro, ' North Carolina, entitled "Harnett County Indus trial Center, Project No 2501" and dated October, 1983, as modified and amended by the plans and specifications attached hereto as "Exhibit A III. That County has leased and by these presents does grant, demise and lease unto Central Carolina. and. Central- Carolina does hereby lease from County a certain tract or parcel of land in Neill's Creek Township, Harnett County, N.C. together with the improvements located thereon, (hereinafter leased premises); said. tract of land being more .fully described as follows: BEGINNING at an iron stake on the SW -side . of an old road,'. the original SW corner of theD.W. Johnson Property, and a corner with the Joel Layton Estate, and runs as the original property line and as the line af the Joel Layton Estate North 42. deg. 15 Min. East 1579 ft-. to an iron stake in said line, corner for #1 and #2 of this division; thence as the line of #1 and #2 South 12 deg.. 12 min. West 1696.5 ft.` to an iron stake in the R/W of U. S #421,. Highway, R/ @ being ... 75 ft from the center of the road, said -iron stake being a corner for lot #S and . #2; thence as the R/W of the highway North 77 deg. 48 min., west 274. ft. to an iron' stake in the line of the Joel Layton Estate, thence as said lane North 42 deg..43 min. West 370 .8 ft..to an iron stake in an old ...road, corner far -the Joel Layton Estate, and a corner for D.-W.. Johnson, thence North 49 degrees 19 minutes West. 242 feet to the point of BEGINNING and- contains'76.4..acres,. more or less, and is lot #1 of the D. W. Johnson Division. Being that portion numbered #1 on a plat and survey dated March 31, 1969 made by W. R. Lambert, REgistered Land Surveyor and recorded in.:Map Book 14, Page 47, Harnett County REgistry. Harnett -; County . acquired the aforesaid .:property by deed. dated July 28, 1982 from .Barbara -J. Brown and husband, Thomas R Brown, Jr recorded in Book 736 page, 947 and Book 750, page 230, Harnett County Registry. EXCEPTED.. AND EXCLUDED :from the above described property is the following described property: BEGINNING at a:: point_ located North 77 deg '' 50 min. 07 sec. Sest 60 ft. from an existing iron stake (control corner), said existing iron stake (control corner) being located at the point where the daviding lane between the property of Harnett County (as acquired in Book 750, page 230 of the Harnett County. Registry) and 'Celia .J.- Melvin .. intersects the northern right of way of U. S. Highway. 421, and thence from the beginning point.hereinabove described North 12 deg. 11 min. 35 sec. East 440.03 ft. to a poant, thence North 77 deg 48 min. 25: sec. West 665.29' ft. toa point 'in the line of the Joel Layton Estate and running thence with the line of the Joel Layton Estate South 42 deg. 13 min. 00 sec. West 129.23 ft. to an existing iron stake (control corner) thence South 49 deg. 18 min. 44 sec. East 242.76 ft. to an existing iron stake, thence South 42 deg. 44 min. 52 sec. East 369.81 ft. to an existing iron stake in the northern right of way of U. S. Highway 421 and running thence with the northern right of way of said highway South 77 deg. 50 min. 07 sec. East 213.88 ft. to the point and place of beginning. (Said tract is set forth on a plat prepared by Ragsdale Consultants, P.R., entitled "Central Carolina Technical College - Harnett County Campus" dated October 12, 1984 and is designated on the said plat as "Site of the Harnett County Industrial Training Center - 5.23 acres ". TO HAVE AND TO HOLD the aforesaid leased premises, together with the improvements located thereon and all privileges and appurtenances thereunto belonging unto Central Carolina upon the following terms and conditions: A. TERM. The term of this Contract and Lease Agreement shall commence October 25, 1984 and shall continue for a term of fifty (50) years unless sooner terminated in accordance with the terms hereof. B. Rental. As rent for said leased premises, Central Carolina shall pay to County an annual rent of One ($1.00) Dollar to be paid for the first year upon the tender of the leased premises and thereafter on the same date each year thereafter for the fifty (50) year term. C. TERMINATION. This lease is entered into on the express condition that in the event Central Carolina fails to perform its obligations under this Contract and Lease Agreement as set forth herein for the term of this Contract and Lease Agreement, then and in that event, County shall have the option to declare the lease term ended, and to recover possession of the demised premises and to expel and remove Central Carolina and all persons in or on the demised premises or any part thereof, whether with or without process of law, and to enjoy the possession as if this lease had not been executed. D. OBLIGATIONS OF CENTRAL CAROLINA. Central Carolina hereby covenants and agrees with County as follows: 1. Central Carolina agrees to accept said leased premises upon ten- der by County as set out and will thereupon and thereafter pay the rent as herein specified. 2. Central Carolina agrees to create and operate a Central Carolina, Technical College - Harnett County Campus in the completed facility herebefore dexcribed on the leased premises and conveyed premises for the term of this Contract and Lease Agreement. 3. Central Carolina agrees to provide on the Central Carolina Technical College - Harnett County Campus, in accordance with N. C. Gen. Stat. Chapter 115D and the purpose of North Carolina Community Colleges and Technical Institutions for the term of the Contract and Lease Agreement, courses offering vocational and technical education and training, and of basic, high school level, academic education needed in order to profit from vocational and technical education, for students who are high school graduates or who are beyond the compul- sory age limit of the public school system and who have left the public schools. Courses to be offered at the Harnett County Campus will be deter- mined pursuant to N. C. Gen. Stat. Chapter 115D, upon the consulta- tion and advisement of the offices of Central Carolina Technical College, the Board of Trustees of Central Carolina Technical College, the Harnett County Advisory Committee to the Harnett County Campus of Central Carolina Technical College and officers of the State Board of Community Colleges. 4. Central Carolina shall make provisions for a Harnett County Advisory Committee to the Harnett County Campus of Central Carolina Technical College to provide adequate representation for Harnett County in regards to policy making decisions affecting the Harnett County Campus. The committee shall be appointed as follows: a. The present Harnett County Industrial Center Advisory Committee shall be the original advisory committee for the Harnett County Campus of Central Carolina Technical College. As the terms of the current committee members expire, the members of the committee shall be appointed by Central Carolina Technical College upon recommendation 508 of the Harnett County Board of Commissioners. b. The Chairman of the Harnett County Board of Commissioners or a designated member of the Board shall serve as a member of the Advisory Committee to the Central Carolina Technical College - Harnett County Campus. 5. Central Carolina shall provide office space in the Central Carolina Technical College -. Harnett County Campus completed facility for the Ifarnett County Industrial Development Commission and allow said Commission access to and use of the Conference Room located therein. E. OBLIGATIONS OF COUNTY. County hereby covenants and agrees with Central. Carolina as follows: 1. That it will put Central Carolina in actual possession of the herein demised premises at the beginning of the term aforesaid and that Central Carolina, on paying the said rent and performing the covenants herein by it to be performed, shall and may peaceably and quietly have, and enjoy the said demised premises for the said term. 2. Pursuant to N. C. Gen. Stat. 115D -32 provide for the following operational, maintenance and support expense for the Central Carolina Technical College - Harnett County Campus: a. Salaries of janitors, maids, watchmen, maintenance and repair employees. b. Cost of fuel, water, power, and telephones. c. Cost of janitorial supplies and materials. d. Cost of operation of locally owned motor vehicles. e. Cost of maintenance and repairs of buildings and grounds. f. Maintenance and replacement of.furniture and equipment provided from County's funds, if any. g. Maintenance of plant heating, electrical, and plumbing equipment. h. Maintenance of all other equipment, including motor vehicles, provided by County, if any. i.. Any other expenses necessary for plant operation and maintenance. j. Cost of insurance for buildings, contents, motor vehicles, workers' compensation for institutional employees paid from County funds, and other necessary insurance. k. Any tort claims awarded against the institution due to the negligence of the institutional employees in regard to activities, at, for, or performed in connection with the operation of Central Carolina Technical College Harnett County Campus.. Legal fees incurred in connection: with County administration and operation of the institution. In the event that N.C. Gen. Stat. 115D-32 is amended then and in that event the duties and responsibilities of both parties to this Contract and Lease Agreement shall be modified so as to be consistent with the provisions of said Statute as amended. IV. County. and Central Carolina represent and warrant, each to the other, the existence of all capacity, authority, resolutions and actions necessary to execute this Contract and Lease Agreement. V. The covenants and agreements contained in this Contract and Lease Agreement are binding on the parties hereto and their successors, assigns, and legal representatives. VI. This Contract and Lease Agreement shall become effective upon execution by both parties hereto and neither party shall be bound hereunder until the same has been duly executed by both parties. VII. This Contract and Lease Agreement is executed in duplicate ori- ginals, one of which is retained by each party hereto. IN TESTIMONY WHEREOF, County has caused this Contract and Lease Agreement to be signed in its name by the Chairman of the Harnett County Board of Commissioners and attested by the Clerk to said Board, and sealed with the common seal of said County, all under authority granted by the Harnett County Board of Commissioners, and Central Carolina has caused this Contract and Lease Agreement to be signed in its name by the Chairman of the Board of Trustees of Central Carolina Technical College and attested by the Secretary to said Board, all under. authority granted by the Board of Trustees of Central Carolina Technical College, on the day and year set forth above. 1 BUIES CREEK /COATS WASTEWATER DISTRICT Ci 0 Signed by Harnett County, this the 15th day of October, 1984. BY:s /Jesse Alphin Jesse Alphin, Chairman of the Harnett Co. Board of Commissioners ATTEST: s /Vanessa W. Young Vanessa W. Young, Clerk to the Harnett Co. Board of Commissioners E. Marshall Woodall, Attorney for Buies Creek /Coats Wastewater District, appeared before the Board and informed them that since the County has taken over the operation of the wastewater treatment plant in Buies Creek, their records indicate that the volume of wastewater flowing into the plant is greatly in excess of what has been reported and what was anticipated at the time of the planned construction of the wastewater district and the planned improvements to the treatment plant. Mr. Woodall shared with the Board reports from the Public Utilities Department which indicated that the Wastewater Treatment Plant has the capacity to treat 500,000 gallons per day and it is projected that the flow from the district and the flow from Campbell University would flow in excess of the capacity during wet weather. It was also pointed out that heavy waste from the University's cafeterias create shock loadings on the plant which require a lot of oxygen and which in turn affects the plant's efficiency in the treatment of waste. Mr. Tart stated that he has talked with Campbell officials, and they have made extreme efforts to help alleviate this problem but the only solution would be to expand the plant. Mr. Woodall explained that there are excess funds (approximately $200,000) in the construction project which could be used for the expansion of the treatment plant. He reported that the County has already contacted FmHA, and they assured the County officials that these excess funds can be used for the expansion of the plant. Following a lengthy discussion, Commissioners Collins made a motion that the follow- ing resolution be approved authorizing the County Manager to instruct the engineers to study this situation to see what pro- posed solutions are available and also authorized him to meet with Campbell officials and the Buies Creek /Coats Advisory Board to discuss this matter; Commissioner Shaw seconded the motion and it carried with a unanimous vote: RESOLUTION WHEREAS, reports have been made to the Harnett County Board of Commissioners from the County's Engineer, Public Utility Department, and the Advisory Board of the Buies Creek /Coats Water & Sewer District and it has been made to appear to the Commissioners as follows: 1. That the construction of the Buies Creek /Coats Water & Sewer District Collection System and those certain planned improvements to the County's Treatment Plant on Buies Creek have been completed. 2. Since the operation of the County's Treatment Plant was assumed by the County Public Utility Department in January of 1983, the volume of wastewater flow into the treatment plant has been greatly in excess of the amount reported and anticipated at the time that the construction project of improvements to the plant were begun. 3. That the collection system of Campbell University has experi- enced certain problems with inflow and infiltration to its collection system and that the University has spent considerable sums of money in repairing its system, but that the volume of waste water flow from said system to the treatment plant remains much greater than antici- pated at the time that the improvements to the treatment plant were formulated. 4. That since commencement of the operation of said plant by the County Utility Department the treatment plant from time to time has received shock loadings of organic matter (concentrations in excess of 300 milograms per liter) which are in excess of the treatment plant desing capabilities (250 milograms per liter) thereby causing enormous oxygen requirements to the extent that the same adversely affects the plant's efficiency in the treatment of waste. 5. That hydraulic loadings of said plant when all potential users are connected will from time to time exceed the plants capability. 508 6. That with`the ` ekcessive- organic -'and hydraulic loadings on the treat meat plant from time-to time, the County can expect to be faced with . serious operational problems to the extent that the plant's effluent will exceed its National Pollution Discharge 'Eliminations .:System permit as issued by the Division of Environmental.Management of the North Carolina Department of Natural Resources and Community Development. 7. That the plant is approximately twelve years of age and that certain.mechanical equipment in the plant is not operating to . its capacity and further that if it were operating to capacity, the plant would not -be able to handle the peak hydraulic and organic load- ings being experienced - i.e. that is to say the treatment plant has . need of greater retention capability and of greater oxygen requirement- - that can be furnished with the - present equipment at the plant. '.r8. That the anticipated probelms of :the plant are of such action should be_ takenimmediately to study and make decisions as to'furtherimprovements at the plant as soon as possible_ 9. That there rmains excessfunds in• the construction project being corapleted and that in as rnuch as the constructj.on project involvedcertainimprovements. atthetreatment 'plant,..:theCounty has -been' advised that the current project may be amended to use the balance of the funds for further improvements -at the treatment plant: NOW,- THEREFORE, BE IT. RESOLVED; AS FOLLOWS:. 1. That the- County Manager be and he is hereby authorized to immediately instruct the County's engineer, Moore- Gardner & Associates make such further studies that maybe necessary,` consult with the engineer and officials of campbell University to obtain input and to formulate alternative proposals of.- solution and to report back to the Advisory Council and the County. Board of Commissioners as soon as possable such alternative proposals concerning further - improvements to as will solve theproblems.mentioned. 2.. That the County Manager be and he is hereby authorized to. meet with the officials of. Campbell. University, the members of the Advisory Council of the Buies Creek /Coats Water &- Sewer - District and the officials of the County - Utility Department and take such steps; 'as is necessary to hold subsequent meetings for study and, discussion... of alternative proposals concerningfurtherimprovementstothetreat- mentplant... 3. That the officials of the.:: County sahll take such further actions as necessary to carry out the intent of this resolution. This the 15th day of October, 1984. HARNETT :COUNTY BOARD OF COMMISSIONERS By s /Jesse Alphin Jesse:Alphin,.Chairman ATTEST: s /Vanessa W. Young Vanessa :W.Young, Clerk.. PUBLIC UTILITIES BIDS M. H. Brock, County Manager, presented the following report to the ON TWO PICK -UP TRUCKS Board concerning the bid opening on the two economy pick -ups for the public utilities department: On October 2, 1984, the bid opening on the purchase of two economy pick -ups was held in the Commissioners Room, County Office Building.'' The following. persons were present for the bid opening: Kay Hawley, Wade, M.H. Brock, Rodneg Tart, and C. H. Brock with Brock Chevro- let, Inc At 10:00 a.m., Mr. Brock informed the group that the County has received three bids on the pick -up as follows: one from Sexton Ford in Lillington, One from Mitchell - Chevrolet` in Fuquay, and one from Brock Chevrolet in Lillington. .Br: M. H. Brock stated that he does not have any interest in Brock Chevrolet but he is a relative of the owner of the business and therefore he excused himself from the bid opening and presented to- Rodney. Tart the three sealed bids to be opened and awarded by Mr.- Tart, Director of Public Utilities and;Hollie Wade, Secre- tary with the County Manager's Office. Mr. Tart proceeded to open the bids and announced the bid proposal from each one as follows DATA PROCESSING BUDGET AMENDMENT AMBULANCE REPORT NEW AMBULANCE STANDARDS OF CON- DUCT OW) Dealer Type of Vehicle No. 1 No. 2 1. Sexton Motor Sales Ford Ranger Base Lillington Tax Total 2. Mitchell Chevrolet S10 Chev. Base Fuquay Tax Total 3. Brock Chevrolet S10 Chev. Base Lillington Tax Total - $7,358.43 - 147.17 - $7,358.43 - $7,608.60 - 152.17 - $7,760.77 - $6,889.00 - 137.70 - $7,026.78 $8,864.38 177.28 $9,041.66 $9,198.00 188.96 $9,381.96 $8,348.00 167.00 $8,515.00 It was noted by the Committee that the quote from Sexton Motor Sales on the base price ($7,358.43) and the quote on the total price ($7,358.43) was the same price but even if the sales tax ($147.17) was subtracted from the base price, the quote from Sexton's would not be the lowest bid. After reviewing the bids, it was the Committee's decision to award the bid to Brock Chevrolet, Inc., in Lillington which had sub- mitted the lowest proposal on Vehicle No. 1 and on Vehicle No. 2. The results of the bid opening will be reported to the Board at its meeting of October 15, 1984. Vanessa W. Young, Finance Officer, appeared before the Board and requested that an amendment to the Data Processing budget. Mrs. Young explained that $8,000 needs to be transferred from Capital Outlay to Maintenance and Repair to cover the maintenance contract on the new computer and the maintenance on the old B800 in the Tax Department. Commissioner Stewart made a motion that the Data Processing Budget be amended as follows: Code 10- 4450 -016 Maintenance & Repair, be increased by $8,000 and Code 10- 4450 -074, Capital Outlay, be decreased by $8,000; Commissioner Collins seconded the motion and it carried with a unanimous vote. The ambulance report for September, 1984, was filed with the Boar Mr. Brock informed the Board that the new ambulance which the Board authorized the County to purchase will be picked up on Friday. Ervin Dobson, Director of Planning, appeared before the Board and presented for their consideration a resolution adopting formal Standards of Conduct. Mr. Dobson explained that these standards of conduct have always been followed by the County, but the County is required to put them into writing and officially adopt them in order to comply with the mandates of some of the programs which receive federal funds; such as our HUD Programs. Commis- sioner Stewart made a motion that the Board adopt the following resolution formally adopting Standards of Conduct for the County; Commissioner Collins seconded the motion and it carried with a unanimous vote: WHEREAS, the Board of County Commissioners of Harnett County desires that formal Standards of Conduct in conformance with OMB Circular A -102 be followed by its officers, employees, or agents engaged in the award and administration of all contracts supported by Federal funds; and WHEREAS, such standards of conduct shall prohibit any officer, employee, or agent from participation in the award or administration of Feder- ally supported contracts, if a conflict of interest, real or apparent, would be involved. NOW, THEREFORE, be it resolved by the Board of Commissioners of Harnett County as follows: Section 1. No officers, employees, or agents of Harnett County shall solicit or accept gratuities, favors, or anything of monetary value from contractors, potential contractors, or parties to aub- agreements. Section 2. No member, officer, or employee of Harnett County or its designees or agents, no member of the governing body of the locality in which Federal projects are situated, and no other public official of such locality or localities who exercises any functions or respon- sibilities with respect to any projects during his tenure or for one rbl° SUBDIVISION PLATS JANICE HARRINGTON CHARLES ATKINS Year thereafter, shall have any interest direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with any Federally assisted project. Section 3. Penalties, sanctions, or other disciplinary actions for violation of standards as set forth in Sections 1 and 2 of this resolution shall be persued to the extent permitted by state or local law or regulations by the Board of Commissioners of Harnett County. Section 4. This resolution shall take effect immediately. CONE THIS 15th Day of October, 1984. HARNETT COUNTY BOARD OF COMMISSIONERS BY: s /Jesse Alphin Jesse Alphin, Chairman ATTEST Ervin Dobson presented for the Board's consideration a one -lot subdivision plat titled Spring Hill No. 2, owned by Janice Harrington in Upper Little River Township. Commissioner Collins made a motion that the Board approve the above - described plat contingent upon the approval by the Health Department; Commis- sioner Brock seconded the motion and it passed upon the following vote: Ayes: Commissioners Brock, Alphin, Shaw, and Collins; Noes: None; Abstained: Commissioner Stewart. Janice Harrington is Commissioner Stewart's daughter and Mr. Stewart did not vote because of "Conflict of Interest ". Ervin Dobson, also presented for the Board's consideration another subdivision plat for Charles Atkins, located near Tingen Store, west of SR 1117. Commissioner Stewart made a motion that the above - described subdivision plat be approved contingent upon the approval by the Health Department; Commissioner Shaw seconded the motion and it carried with a unanimous vote. CHILD RESTRAINT M. H. Brock, County Manager, informed the Board that at its meet - LOANER PROGRAM ing of July 2, 1984, the County entered into an agreement with AGREEMENT the Governor's Highway Safety Program for the Local Government Child Restraint Loaner Program in which the County requested 25 car seats for the Western Medical Group. Mr. Brock continued to explain that Betsy Johnson Memorial Hospital would also like to offer this program to the citizens in their community and would like for the County to amend its agreement with the GHSP to ob- tain 30 additional infant seats to be used by the Hospital. Commissioner Collins made a motion that the Board approve the following amendments to the Local Government Child Restraint Loaner Program Agreement between the Governor's Highway Safety Program and Harnett County County; Commissioner Shaw seconded the motion and it carried with a unanimous vote. AMENDMENT TO LOCAL GOVERNMENT CHILD RESTRAINT LOANER. PROGRAM AGREEMENT BETWEEN NORTH-CAROLINA GOVERNOR'S HIGHWAY SAFETY PROGRAM AND COUNTY OF HARNETT. For the. - purpose. of adding an additional-group or agency to -the original agreement between' the' coanty and GHSP.,, This document hereby amends the above referenced AGREEMENT as follows: 1. The County Manager of Harnett County designates an additional local service group or County agency as follows: Betsy Johnson Memorial_ Hospital, Inc. 2. The County Manager of Harnett County will obtain 30 additional crash - tested CRD's and use them in this program. 3. The GHSP will provide the County or City with an additional total of 30 Century Infant Love Seat(s) for use in this program. 4.. The group designed in (1) above will fulfill the requirements specified in the original contract for a two (2) year period from the date of this amendment. This amended agreement is made and entered into this the 15th day of October, 1984. ATTEST: s /Vanessa W. Young Clerk COUNTY MANAGER OF HARNETT BY:s /M:. H. Brock CHILD RESTRAINT SEATS LANDFILL REPORT READER PRINTERS REGISTER OF DEEDS ELECTIONS OFFICE EXTRA PERSONNEL Commissioner Collins made a motion that the Board approve the following lease agreement between Betsy Johnson Memorial Hos- pital and Harnett County for the Child Restraint Seats; Com- missioner Shaw seconded the motion and it carried with a unanimous vote: LEASE AGREEMENT A. For the sum of One Dollar ($1.00) per year, the Harnett County Board of Commissioners hereby agrees to lease to the Betsy Johnson Memorial Hospital, Inc. 30 Century Infant Love Seats. TERM OF AGREEMENT B. Unless sooner terminated by either party upon giving thirty (30) days written notice, this Agreement shall cover a period of two years from the date of this Agreement. C. Betsy Johnson Memorial Hospital (lessee) agrees to provide man- power for the two year period of this Agreement of distribute above infant carriers within the County of Harnett and to operate the distribution program during the two year period in accordance with the provisions of the LOCAL GOVERNMENT CHILD RESTRAINT LOANER PROGRAM AGREEMENT between the N. C. Governor's Highway Safety Program and the County of Harnett dated October 15, 1984. D. If Betsy Johnson Memorial Hospital (lessee) fails to continue a distribution program for the full two year period from the date of this Agreement, Betsy Johnson Memorial Hospital (lessee) shall return the seats to the lessor who will return them to GHSP for subsequent use. E. If Betsy Johnson Memorial Hospital (Lessee) continues and expands the distribution program for the full two -year period following the date of this agreement, all safety seats shall become the property of the lessee and all agreements between the County of Harnett and Betsy Johnson Memorial Hospital (lessee) are discon- tinued. In witness whereof, said parties hereto have executed this Agreement on the date herein shown below. Executed by the County of Harnett, State of North Carolina this the 15th day of October, 1984. COUNTY OF HARNETT s /Hollie J. Wade BY:s /M. H. Brock Witness Chairman of the Board of County Commissioners (or County Manager) Commissioner Bill Shaw reported to the Board that the Scraper at the Dunn -Erwin Landfill has broken down. He reported that it will cost the County approximately $141,610 to buy a new one or $22,000 to $24,000 to fix the old one and the Board needs to decide which they feel would be more advantageous to the County. Following a discussion, Commissioner Collins made a motion that the County Manager be and he is hereby authorized to accept bids for a new scraper for the County Landfill Program; Commissioner Stewart seconded the motion and it carried with a unanimous vote. Commissioner Collins reported to the Board that he has received a complaint from a lawyer in town that the reader printers at the Register of Deeds office are in need of repair. Mr. Brock reported to the Commissioners that Virginia Warren, Supervisor of Elections, has requested extra personnel to help in her office for approximately 80 hours to help process the 4,000 new registered voters, transfers and other changes. Mr. Brock explained that since the request from Mrs. Warren that Bill Randall, Chairman of the Board of Elections , has met with him and explained that Ms. Warren and Mary Jerningan have planned to work overtime to see if they could process these changes without hiring any extra help. Mr. Brock continued to explain that Mr. Randall informed him that the State Board of Elections has notified the County that an extra person needs to be placed at each of the polling places on election day because of the anticipated large voter turnout. Following a discussion, Commissioner Collins made a motion that the County Manager be authorized to work with the County Attorney to determine bl BOARD OF EDUCATION AUDIT, 83 -84 BUNNLEVEL FIRST RESPONDERS ADJOURNMENT whether or not the County needs to employ this extra manpower, know- ing that the Board does not want to take this action unless it is, absolutely necessary, Commissioner Shaw seconded the motion and it carried with a unanimous vote. Mr: Brock presented to each of the Board members a copy of the audit for the Board of Eduction for the F. Y. 1983 =84. Mr. Brock, County Manager, shared with the Board members a letter from Bunnlevel First Responders thanking the County for the ambu- lance which was recently conveyed to them. There being no further business, the Harnett County Board of commissioners meeting of October 15, 1984, was duly adjourned at 9:45 p.m. / Lai/ .1 taiWIRMAN, CJ SE RETARY CLERK W