12161985U �5
HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, DECEMBER 16, 1985
The Harnett County Board of Commissioners met in regular session on Monday, December
16, 1985, in the Commissioners Room, County Office Building, Lillington, North Caro-
lina, with the following members present: M. H. Brock, Bill Shaw, Rudy Collins, and
Chairman Jesse Alphin presiding. Vanessa W. Young, Clerk to the Board; John Phelps,
representing the County Attorney's Office, and Hollie J. Wade, Recording Secretary,
were also present. Commissioner Lloyd G. Stewart was absent.
CALL TO ORDER & Chairman Jesse Alphin called the meeting to order at 7:30 p.m. and recognized Rudy
PRAYER Collins for the evening prayer.
PUBLIC HEARING RE: At 7.31 p.m., Chairman Jesse Alphin called to order the public hearing on the pro -
MOBILE HOME PARK posed ordinance governing manufactured home parks in Harnett County, and stated that
ORDINANCE the purpose of the hearing was to obtain citizen input concerning this ordinance.
Mr. Alphin then recognized Mr. Dobson, Director of Planning, who explained in detail
the proposed ordinance and Mr. Thompson, Director of Health, who explained the
health requirements set out in the ordinance. Mr. Thompson also mentioned to the
Board several revisions he felt needed to be made to the Ordinance. Following the
comments by Mr. Dobson and Mr. Thompson, the group had an opportunity to ask question
of these two gentlemen concerning their presentation. Following this question -and-
answer session, Chairman Alphin opened the floor to public comment and asked that
anyone present who wished to speak pro or con to the proposed manufactured home park
ordinance to feel free to do so at this time. Approximately twelve persons appeared
before the Board and commented on the proposed ordinance. All Spoke in favor of the
adoption of a mobile home park ordinance for Harnett County; however, several persons
did express their concern on the lot size proposed in the ordinance which they felt
were too stringent. After everyone was given an opportunity to speak concerning the
Ordinance, Chairman Alphin closed the hearing at 9:00 p.m.
REGULAR MEETING At 9:15 p.m., Chairman Jesse Alphin called to order the regular meeting of the Board.
CALLED TO ORDER
The Board approved the minutes from the Harnett County Board of Commissioners meeting
MINUTES APPROVED of December 2, 1985 as were received by mail.
PETITION RE:
JTPA
Roger Sheats, Director of Region "M ", presented to the Board a petition requesting
that Harnett, Lee, and Sampson Counties serve as one service delivery area for the
Job Training Partnership Act Program. Commissioner Brock made a motion the County
approve the petition; Commissioner Collins seconded the motion and it carried with
a unanimous vote.
E. Marshall Woodall, Attorney for the Buies Creek -Coats Water and Sewer District
presented for the Board's consideration a resolution on behalf of the County concern-
ing the contract of lease of the county -owned wastewater treatment plant in Buies
Creek. Following Mr. Woodall's presentation, Commissioner Collins made a motion
that the following resolution be approved; Commissioner Shaw seconded the motion and
it carried with a unanimous vote:
That Whereas, the Harnett County Board of
Commissioners, as the governing body of the County of
Harnett has been requested to enter into a contract of lease
leasing unto Buies Creek -Coats Water and Sewer District of
Harnett County, the County owned waste water treatment plant
located near Buies Creek, North Carolina subject to the
terms and conditions as contained in that certain contract
of lease attached hereto and incorporated herein by
reference as if set forth verbatim; and
WHEREAS, the aforementioned lease has been requested
pursuant to the understanding and agreement that said waste
water treatment facility shall at all times be made
available to Campbell University and the people of the
district for the purpose of receiving of waste water from
collection systems now owned or hereafter constructed by and
for Campbell University and the District; and
WHEREAS, the attached contract provides for continuous
operation of said facility by the County of Harnett Public
Utility Department in accordance with a contract heretofore
entered into between the District and the County on July 23,
1984.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the Chairman and Clerk of the Harnett County
Board of Commissioners be and they are hereby authorized to
execute in the name of the County of Harnett that certain
contract of lease as attached hereto.
2. That the officials of said County be and they are
hereby authorized to do and perform all acts and things
necessary to carry out the intent of this resolution.
Duly adopted this 16th day of December, 1985, by the
Harnett County Board of Commissioners in regular meeting
duly assembled.
ATTEST:
Vanessa W. Young, Clerk
NORTH CAROLINA
HARNETT COUNTY
Jesse Alphin, Chairman
H. C. Board of Commissioners
LEASE CONTRACT
THIS LEASE CONTRACT, made and entered into this the 16th day of
December, 1985, by and between THE COUNTY OF HARNETT, a body politic
organized and existing pursuant to the laws of North Carolina, lessor
hereinafter called "County "; and THE BUIES CREEK-COATS WATER AND SEWER
DISTRICT OF HARNETT COUNTY, a municipal corporation organized and
existing pursuant to provisions of North Carolina General Statutes
§162A -86, etc., lessee, and hereinafter called "District ";
WITNESSETH:
THAT WHEREAS, pursuant to specific requests by many citizens in
the area composing the District and the Board of Commissioners for the
Town of Coats, and by resolution of the Harnett County Board of
Commissioners entitled "RESOLUTION CONCERNING THE CREATION OF THE
BUIES CREEK -COATS WATER AND SEWER DISTRICT OF HARNETT COUNTY" duly
passed on the 20th day of October, 1980 and recorded in the book of
minutes for the Harnett County Board of Commissioners in Book No 14,
Pages 491 -494, the Buies Creek -Coats Water and Sewer District of
Harnett County was organized and is now existing pursuant to Article
6, Chapter 162A, of the General Statutes of North Carolina; and
WHEREAS, the North Carolina Environmental Management Commission,
after hearing evidence at public hearing, and by resolution duly
adopted on the llth day of February, 1982, (being a resolution
entitled "RESOLUTION 82 -1 OF THE NORTH CAROLINA ENVIRONMENTAL
MANAGEMENT COMMISSION ORDERING THE BUIES CREEK -COATS WATER AND SEWER
DISTRICT OF HARNETT COUNTY, NORTH CAROLINA TO CONSTRUCT AND MAINTAIN -
ADEQUATE SEWAGE FACILITIES ", ordered the Buies Creek -Coats Water and
Sewer District to prpceed to arrange financing and. prepare plans and,
specifications for - construction of necessary sewage collections
facili ties,: and i to°- :proceedr'as:rapidly as possible,,to . construct
necessary facilities and place the same in operation under competent
supervision; and
WHEREAS, the County is the owner of a waste water treatment plant
located on the banks of Buie's Creek, some distance South of
U. S: Highway No. 421, near the village of Buies Creek, Neills
Creek Township, Harnett County, North Carolina, and that said
treatment plant is located within the territorial boundaries of the
District; and
WHEREAS, the waste water treatment facility owned by the County
was constructed with the use of Federal and State grant funds and was
declared, at that time, constructed for the purpose of treating waste
water from Campbell University and other citizens of the County,
needing said services; and
WHEREAS, under existing policy and further upon inquiry it was
made to appear to the Harnett County Board of Commissioners that the
treatment plant owned by the County had sufficient capacity to treat
waste water from a collection system then proposed for the District
and for said reason the County committed said facility for the
continued use of Campbell University and use by the people of the
District; and
WHEREAS, certain improvements were determined to be needed for
the County's treatment plant mentioned aforesaid, including the
construction and installation of an'out fall - -line from said plant site
to the Cape Fear River and that the County agreed for the District to
(1)
make said improvements and to finance the costs thereof and the
District obligated itself to make said improvements subject to a vote
of the citizens of said District to finance the construction of the
collection system to be built within said District and the costs of
said improvements; and
WHEREAS, the District adopted a bond order authorizing 2.5
million dollars of bonded indebtedness to finance the construction of
a collection system for said District and the construction of needed
improvements at the aforementioned treatment plant (bond order passed
on first reading March 1, 1982 and passed on the second reading at a
public hearing thereon March 15, 1982); and
WHEREAS, upon a referendum held April 30, 1982 (pursuant to a
resolution calling for a referendum passed by the governing Board of
the District on March 15, 1982), the voters of said District did
overwhelming vote in favor of the bond order authorizing the borrowing
of money to construct and install the waste water collection system
within the boundaries of the District and to make the necessary
improvements to the waste water treatment plant owned by the County;
and
WHEREAS, subsequent thereto the District did enter into contract
with various contractors for the construction of the work mentioned
aforesaid and that said construction work has now been completed; and
WHEREAS, the Farmers Home Administration did make certain grant
funds available to the District along with proceeds from a general
obligation bond to create sufficient funds to enable the District to
finance the construction of said collection system and improvements to
County's treatment plant as mentioned aforesaid; and
WHEREAS, the County has heretofore created a utility department
that is fully capable to conduct the operation of and is currently
operating the treatment plant and the collection system of the
District; and
WHEREAS, the County and the District did on the 23rd day of July,
1984 enter into a contract concerning the operation and maintenance of
District's collection system and County's treatment plant, wherein the
County agreed to make the treatment plant available for use by the
District on a continuing basis and especially for a period beginning
as of the execution of said contract and extending until any loan(s)
made by the Farmers Home Administration to the District had been paid
in full and further that the County did agree to operate the
collection system of the District as a County operated system and to
operate the treatment plant owned by the County for the benefit of
Campbell University (as obligated by contract heretofore entered into
between the County and Campbell University) and the District; that
further said contract made adequate provisions for proper accounting
and for control of said operations to be subject to the approval of
the District's governing body; and
WHEREAS, the parties hereto do recognized that further
improvements are now needed at said treatment plant and that in
consideration of the County's agreement to make said facility
available to the District, the District has agreed to finance the
costs of said improvements and to cause the same to be constructed;
and
WHEREAS, the District has made application to the Farmers Home
Administration for a loan to be repaid over a period of forty (40)
years for the financing of said improvements; and
WHEREAS, the parties hereto have been requested to enter into a
lease agreement of said treatment plant facility for the County as
lessor to the District as lessee and the parties have so agreed
subject to the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the mutual obligations
recited above and in further consideration of District's agreement to
make expenditure of funds to make certain improvements to the County's
waste water treatment plant, the County does hereby let and lease unto
the District and the District does hereby accept as lessee that
certain waste water treatment facility owned by the County and located
on the banks of Buies Creek, some distance South of U. S. Highway 421,
near the village of Buies Creek, Neills Creek Township, Harnett
County, North Carolina, together with all appurtenant rights, said
facility is more specifically located on the certain tract or parcel
(2)
of land described in a deed dated June 10, 1971, from Campbell
College, Inc. to the County of Harnett and recorded in Book 551,
Page 254, Harnett County Registry, to which reference is hereby made
and incorporated herein as a part of this description.
The terms and conditions of this lease contract are as follows:
1. This lease contract shall commence as of the date of the
execution of this contract of lease and shall exist and continue until
and including the final payment date of all loans made by the Farmers
Home Administration to the District whether now existing or hereafter
made, such period -of time being at least forty (40) years from the
date hereof and in all events shall exist and continue until the debt
of the aforesaid loan(s) have been fully paid.
2. The District shall finance the cost of needed improvements
to said treatment facility as determined by the governing body of the
District, shall enter into contracts for the construction of said
improvements and shall otherwise cause said improvements to be
constructed. The parties anticipate that Farmers Home Administration
will make a loan to the District for payment of a portion of the cost
of said improvements.
3. It is understood and agreed by the parties hereto that the
aforesaid treatment plant shall at all times be made available for
treatment of waste water received and to be received from the
collection system now owned or any system hereafter owned by Campbell
University and for treatment of waste water received and to be
received from the collection system now or hereafter owned by the
District and any subsequently connected line or lines to the
collection system of the District, when authorized by the County in
accordance with paragraph six (6) below.
4. That the parties hereto do agree that the treatment facility
mentioned aforesaid and the waste water collection system owned by the
District shall be operated and maintained by. the Public Utility
Department of the County as previously agreed in that certain contract
dated July 23, 1984 and the provisions thereof are herein reaffirmed.
5. That it is understood and agreed by the parties hereto that
at all times the governing body of the District shall be in the
exclusive control of the setting of rates for customers of the
District.
6. That it is understood and agreed by the parties hereto that
the County reserves the right at all times to make said treatment
facility available for use of other persons in need of the use thereof
and the County shall be entitled to fund the construction of any sewer
line(s) to be connected to the District's system as an extension
within or without the boundaries of the District for the purpose of
serving needy users with waste water utility services as the same may
be determined by the Harnett County Board of Commissioners and that
the rates chargeable to such persons (users) shall be equitably set to
properly reflect costs of operation and maintenance of collection and
treatment and further that in the event it becomes necessary for the
District to levy a tax for the purpose of funding bond indebtedness of
the District, then in such event such rate of any person (user)
outside the boundaries of the District shall be charged a greater user
fee (rate) as will be equilvalent to such needed property tax as the
same may be levied; provided that if a tax levy is made, then such
user charge for out -of- district users shall not be less than 150% of
the user charge of users within the district. It is understood and
agreed that the District shall have no obligation to extend its sewer
collection lines outside of the District's boundaries.
IN WITNESS OF the parties hereto have caused this contract of
lease to be executed as authorized by the Harnett County Board of
Commissioners sitting as the governing body of the County and the
District, all the day and year first above written.
(3)
BY:
COUNTY OF HARNETT
Jesse Alphin, Chairman
Harnett County Board of Commissioners
Attest:
Vanessa W. Young, Clerk
Attest:
BUIES CREEK -COATS WATER AND
SEWER DISTRICT OF HARNETT COUNTY
BY:
661
Jesse Alphin, Chairman
Harnett County Board of Commissioners
Vanessa W. Young, Clerk
NORTH CAROLINA
HARNETT COUNTY
Personally appeared before me, the undersigned Notary Public,
Vanessa W. Young, who, being by me duly sworn, says that she knows the
common seal of Harnett County, North Carolina, and is acquainted with
Jesse Alphin who is the Chairman of the Board of Commissioners of
Harnett County, and that she, the said Vanessa W. Young, is the Clerk
to the Board of Commissioners of Harnett County, and saw the said
Jesse Alphin sign the foregoing Lease Contract in the name of the
County of Harnett and that she, the said Vanessa W. Young, Clerk as
aforesaid, affixed said seal of Harnett County hereto and signed her
name in attestation of said Lease Contract in the presence of the said
Jesse Alphin, Chairman of the Board of Commissioners of Harnett
County, North Carolina, all as authorized by the governing body of the
County of Harnett.
Witness my hand and notarial seal, this the day of
December, 1985.
My Commission Expires: •
NORTH CAROLINA
HARNETT COUNTY
Notary Public
Personally appeared before me, the undersigned Notary Public,
Vanessa W. Young, who, being by me duly sworn, says that she knows the
common seal of the Buies Creek -Coats Water and Sewer District of
Harnett County, and is acquainted with Jesse Alphin who is the
Chairman of the Board of Commissioners of Harnett County, and that
she, the said Vanessa W. Young, is the Clerk to the Board of
Commissioners of Harnett County, and saw the said Jesse Alphin sign
the foregoing Lease Contract in the name of the Buies Creek -Coats
Water and Sewer District of Harnett County and that she, the said
Vanessa W. Young, Clerk as aforesaid, affixed said seal of the Buies
Creek -Coats Water and Sewer District of Harnett County hereto and
signed her name in attestation of said Lease Contract in the presence
of the said Jesse Alphin, Chairman of the Board of Commissioners of
Harnett County, North Carolina all as authorized by the governing body
of the Buies Creek -Coats Water and Sewer District of Harnett County.
Witness my hand and notarial seal, this the day of
December, 1985.
My Commission Expires:
(4)
Notary Public
662
CONTRACT OF LEASE
WITH LESTER
PHILLIPS RE:
LANDFILL MINI -
SITES
Attorney E. Marshall Woodall presented to the Board of Commissioners
sitting as the governing body for the Buies Creek -Coats Water and
Sewer District a resolution for their consideration regarding the
lease of the wastewater treatment plant in Buies Creek. Following Mr.
Woodall's presentation, Commissioner Collins made a motion that the
following resolution be approved; Commissioner Shaw seconded the
motion and it carried with a unanimous vote:
That Whereas, the Harnett County Board of
Commissioners, is the governing body of the Buies
Creek -Coats Water and Sewer District of Harnett County; and
WHEREAS, it has been made to appear to the Board of
Commissioners that certain improvements need to be made at
the County of Harnett Waste Water Treatment Plant located
near Buies Creek, North Carolina; and
WHEREAS, the District has heretofore made application
to Farmers Home Administration for financing of said
improvements or a portion of the costs thereof; and
WHEREAS, the Board of Commissioners have been advised
that the District needs to request a contract of lease of
said waste water treatment facility from the County to the
District for the purpose of giving a property right in said
facility to the District as a justification for the
extension of a loan for the financing of continued
improvements thereon; and
WHEREAS, the County of Harnett has agreed to execute a
contract of lease and that a proposed contract of lease is
hereto attached and is incorporated herein by reference as
if set forth verbatim.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
1. That the Chairman and Clerk of the Harnett County
Board of Commissioners be and they are hereby authorized to
execute in the name of Buies Creek -Coats Water and Sewer
District of Harnett County that certain aforementioned
contract of lease, thereby obligating said District to
fulfill the obligations as set forth in said annexed
contract of lease.
2. That the officials of Harnett County be and they
are hereby authorized to do and perform all acts and things
necessary to carry out the intent of this resolution.
Duly adopted this 16th day of December, 1985, by the
Harnett County Board of Commissioners, in regular meeting
duly assembled.
Jesse Alphin, Chairman
H. C. Board of Commissioners
ATTEST:
Vanessa W. Young, Clerk
Lease Contract is same as adopted by Board in previous
resolution.
Commissioner Shaw reported to the Board that the County has been working on a proposed
contract of lease with Lester Phillips, Inc., to assume the responsibility of operatin
the mini site landfills for the County. This contract would include the purchase of
the roll-off truck and a tractor from the County and before the County could proceed
with the contract, this equipment would need to be declared surplus and sold. Follow-
ing a discussion, Commissioner. Brock made a motion: 1) the Ford Roll -off Truck,
Serial Number 1 FDYW90J9DVA47496, and the International Model 150 Loader, Serial Number
14299, be declared surplus property; 2) the County Manager be authorized to sell this
equipment; and 3) a committee consisting of Commissioner Shaw, the County Manager, and
the County Attorney be authorized to negotiate a contract with Lester Phillips, Inc.,
and bring it back before the Board; Commissioner Collins seconded the motion and it
carried with a unanimous vote.
66 :)
SECTION "8" HOUS-
ING ANNUAL CON-
TRIBUTIONS CON-
TRACT
Ervin Dobson, Director of Planning, presented for the Board's consideration a resolu-
tion authorizing the execution of an Annual Contributions Contract with the Department
of Housing and Urban Development regarding the County's Section "8" Program. Following
the presentation; Commissioner Shaw made a motion that the following resolution be
approved; Commissioner Collins seconded the motion and it carried with a unanimous
vote.
RESOLUTION AUTHORIZING EXECUTION
OF AN ANNUAL CONTRIBUTIONS CONTRACT
Whereas, the Harnett County Board of Commissioners (herein called the "PHA ")
proposes to enter into an Annual Contributions Contract (herein called the "Contract ")
with the United States of America, Department of Housing and Urban Development (herein
called the "Government ").
NOW, THEREFORE, BE IT RESOLVED by the PHA as follows:
Section 1. The Contract, numbered Contract No. A -3351, is hereby approved and
accepted both as to form and substance and the Chairman of County Commissioners is
hereby authorized and directed to execute said Contract in triplicate on behalf of the
PHA, and the Chairman of County Commissioners is hereby authorized and directed to
impress and attest the official seal of the PHA on each such counterpart and to for-
ward said executed counterparts to the Government together with such other documents
evidencing the approval and authorizing the execution thereof as may be required by
the Government.
Section 2. The Chairman of County Commissioners is hereby authorized to file
with the Government from time to time, as monies are required, requisitions together
with the necessary supporting document, for payment under the Contract.
Section 3. This Resolution shall take effect immediately.
WEATHERIZAITON Ervin Dobson, Director of Planning, presented to the Board for consideration the
PROGRAM CONTRACT contract amendment regarding the County's Weatherization Program. Commissioner
Collins made a motion that the following contract amendment to the county's weatheri-
zation assistance program for low- income persons be approved; Commissioner Brock
seconded the motion and it carried with a unanimous vote:
CONTRACT AMENDMENT
STATE OF NORTH CAROLINA WEATHERIZATION ASSISTANCE PROGRAM
COUNTY OF WAKE FOR LOW - INCOME PERSONS
ENERGY DIVISION CONTRACT NUMBER 85- 4422 -20A1
NORTH CAROLINA DEPARTMENT
OF COMMERCE PART I
Pursuant to Part II, paragraph two of the Weatherization Assistnace Plan Agree-
ment (hereinafter referred to as agreement), date May 6, 1985 between the Energy Divi-
sion, North Carolina Department of Commerce and Harentt County Housing and Urban Devel
opment, the following amendment is hereby set forth:
WHEREAS, Part A, Title IV of the National Energy Conservation Policy Act, (NECPA)
Public Law 95 -619 provides for a Weatherization Assistnace Program to assist in
achieving a prescribed level of energy conservation materials in the homes of low -
income persons; and
WHEREAS, the National Energy Conservation Policy Act provides that funds to
carry out the Weatherization Assistance Program be allocated directly to the North
Carolina Department of Commerce; and
WHEREAS, the Energy Division, North Carolina Department of Commerce desires the
assistance of local community organizations within the State of North Carolina in
implementing the Weatherization Assistnace Program for low- income persons in North
Carolina;
NOW THEREFORE, in consideration of the promises exchanged between both parties,
the Grantee and the Contractor do mutually agree as follows:
Section 1: Purpose of Amendment. The purpose of this amendment is to provide for
the continuation of the Weatherization Assistnace Program.
Section 3: Period of Performance. The Contractor shall commence performance of
this amendment on the 31st day of March, 1986, and shall complete the contract in a
sound, economical, and efficient manner to the satisfaction of the Grantee no later
than the day of
Section 4; Cost of Program. The Contractor shall be assisted in financing the
684
-
costofthe Program in accordnace with budget limitations outlined below. Payments.
shall be made upon the submission of accurate financial reports supporting all
requests for- funds - expended on the Program:
Original - Total
Contract 'Amendment Contract
Training:
Administrative and Technical -$ - '600..00
500.00 $ 1,100.00.
Consumer Education 100.00 - 100.00
Travel 800;00 - .500.00 1,300.00
Supplies and Equipment - - -
TOTALS $1,500.00 -'$ 1,000.00 - $ 2,500:00
These funds shall be drawn down monthly based on actual expenditures. In no
event shall expenditures exceed the authorized budget...
Budget line item expenditures must conform with the approved budget as outlined
above. During the contract period, a Request for Budget Revision (line item trans-
fer) must be submitted for approval .by-the grantee prior to any line item overage.
Minor line item adjustments necessary to reconcile the budget with final acutal
expendituresmaybeinitiatedwithout .prior approval within 45 days of contract
termination.
2411 other provisions o.f th Contract remain valid and enforceable.
IN WITNESS WHEREOF: this : amendment has been duly executed by the Grantee and
the Contractor, by and through a duly authorized representative and is effective on
the day and year first written above.
FINAL PLAT FOR Mr. Dobson presented to the Board for consideration a final plat for the. Oak Creek
OAK CREEK SUBDIV. Subdivision located in Hector's Creek. Commissioner Collins made a motion that
the Oak Creek Subdivision Plat be approved; Commissioner Shaw seconded the motion
and it carried with a unanimous vote..
INSPECTION DEPT. A copy of the Inspection Department report for the month of November, 1985, and a
copy of the Ambulance Report for the month of November, 1985, was filed with the
Board.
There being no further business, the Harnett County Board of Cowruissioners meeting
of December 16, 1985, duly adjourned at 9:50 p.m.
Sectary
LIAJ, Lti/j4„1,
Clerk