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01071985HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, JANUARY 7, 1985 1 CALL TO ORDER MORNING PRAYER MINUTES APPROVED The Harnett County Board of Commissioners met in regular session on Monday, January 7, 1985, in the Commissioners Room, County Office Building, Lillington North Carolina, with the following members present: M. H. Brock, Bill Shaw, Lloyd G. Stewart, Rudy Collins, and Chairman Jesse Alphin presiding. Vanessa W. Young, Clerk to the Board; Robert Morgan, County Attorney; and Rollie J. Wade, Recording Secretary, were also present. Chairman Jesse Alphin called the meeting to order at 9:15 a.m. Commissioner Lloyd G. Stewart led the morning prayer. Tne minutes from the Harnett County Board of Commissioners meeting of December 3, 1984, and the minutes from the Harnett County Board of Commissioners special meeting of December 14, 1984, were approved as read. DEPARTMENT OF TRANSPORTA- RaY Stone, Highway Maintenance Engineer with the North Carolina Department TION of Transportation, appeared before the Board to discuss road matters and situations in Harnett County. RESOLUTION REGARDING SR 1277 CONCERN OVER NOT RECEIVING FUNDING TO REPAIR DRIVEWAYS INDUSTRIAL TRAINING CENTER ADVISORY BOARD BEIDLER RESIGNS, STEWART APPOINTED Commissioner Stewart made a motion that the Board adopt the following resolu- tion abandoning .3 of a mile off SR 1277; Commissioner Shaw seconded the motion and it carried with a unanimous vote: Harnett County, North Carolina. Resolution BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS that .3 of a mile be abandon off SR 1277. Done this Seventh Day of January, 1985. HARNETT COUNTY BOARD OF COMMISSIONERS s /Jesse Alphin Chairman Mr. Brock reported to the Board that when the County approved the Secondary Road Construction Program for this year, funds were appropriated in the Program to resurface the driveways of some of the rural fire departments in the County. Mr. Brock stated that after the County has notified the fire departments of this proposed work, that he has learned that these funds are no longer available. He requested that Mr. Stone report the Board's concerns over these funds being deleted to the proper Transportation officials and that someone should get back with him to explain this action. He also stated that he felt the Department of Transportation should contact the rural fire departments of the status of the praying of these driveways. Mr. Brock presented to the Board a letter from Mr. Charles F. Beidler sub- mitting his resignation from the Advisory Board fo rthe Industrial Training Center. Mr. Beidler has accepted a new job with Gray, Inc., in Raleigh, and feels that it would be difficult for him to continue to serve on this Advisory Committee. Commissioner Brock made a motion that the Board accept with regret Mr. Beidler's resignation and appointed Mr. Grahams Stewart with Burlington Industries to fill this vacancy; Commissioner Stewart seconded the motion and it carried with a unanimous vote. The Industrial Training Center Advisory Board is now called the Advisory Committee to the Central Carolina Technical College -- Harnett County Campus. Frank Williams with Williams and Associates, the architectural firm for the proposed law enforcement center, appeared before the Commissioners and gave an update on the plans for the new center. He reported that the plans and specifications have been completed and are ready for bids. He discussed with the Board the possibility of putting a penalty clause in the bids for delays and stated that he has not put this clause in the bid package and if the Board wanted it added, they would need to authorize him to put the penalty clause in the bids. Also the financing of the facility was discussed. It was determined that the Board would need to decide how they wanted to finance the facility before the bid packages are distributed. Mr. Williams explained that the bid proposal is broken down with the base bid plus five alternates as follows: base bid - -jail; Alternate 1 -- administrative wing; Alternate 2 -- Drive and Parking lot; Alternate 3 -- Exterior signs and marking the parking lot; Alternate 4 -- Emergency Generator; and Alternate 5 -- Kitchen Equipment. Following a lengthy discussion, Commissioner Brock recommended that the Board accept these plans for the proposed law enforcement cent and hold them for bidding for 30 to 60 days before they are distributed to the contractors for bidding; and during this time, the County Attorney and Mr. Brock would contact the Local Government Commission to discuss these plans and the financing of this facility. PRESENTATION OF PORTRAIT OF JUDGE MORGAN BUIES CREEK- COATS. WASTEWATER DISTRICT RESOLUTION RE: CONDEM- NATION °OF PROPERTY IN COATS, HEIRS OF LEOLA M. STEWART Robert B. Morgan, Jr., appeared before the Board and presented to the Commis- - sioners a portrait of his father, Judge Robert B. Morgan, Sr., who had been a judge in- Harnett County for 24 years. Commissioner Collins made a motion that the Board on behalf of the County accept the portrait of Judge Morgan and that it be conveyed to Georgia Lee .Brown, Clerk of Court, to be hung in the Court- house; Commissioner Stewart seconded the motion and it passed with a unanimous vote. The Board thanked Robert Morgan, Jr., for presenting the portrait of his father to the County. Marshall Woodall, Attorney for the Buies Creek-Coats Wastewater District, appeared before the Board and requested that the Board adopt the following resolution authorizing the condemnation of a 10 foot wide easement across Leola Stewart heirs property in Coats: HARNETT COUNTY, NORTH CAROLINA. RESOLUTION THAT WHEREAS, the Harnett County of Commissioners (hereinafterS called "Board ") is the governing Body of. the Buies Creek Coats Water and Sewer District of Harnett County (hereinafter called "District "); and WHEREAS, The District has nearly completed the construction of a sewer collection system within the District's boundaries to serve improved properties therein; and WHEREAS, the collection line installed within the right of way of Railroad Street (in the Town of Coats) South of its intersection with South .Street, will not serve by gravity allthe improved properties located on the -east side of said street (specifically a mobile home park area located on tracts 2 and 3 of the Leola M. Stewart property conveyed by the heirs of Leola M. Stewart to Ralph L. and "Nellie N. Turlington as is described in a deed dated, November 1,- 1977, and recorded in Book 663; Page 480, Harnett County. Registry) ; and WHEREAS, the Board has been advised that a collection `line some distance east of said improved properties above mentioned cannot be used to serve by gravity for the reason, that the area between the said improved properties and - the present collection line to the east consist of a marshy bottom and a lake or pond; and WHEREAS, the Board is advised that all of the improved properties on the east side of Railroad Street can be served by gravity by the installation of a collection line within a 10 foot wide easement area beginning at a point on the south side of South Street - (where the District's line is installed in said Street right of way) -and leading South across the most eastern portions of the property of David Lentis Poole and Wife, Inez C. Poole and the property of the heirs of Leola Stewart, deceased, for a total distance of approximately 119.51 feet; and WHEREAS, the.Board is further advised that David Lentis Poole and wife, Inez C- Poole, have executed a deed of easement to a 10 foot wide easement area across the most eastern portion of the lot owned by said owners but that some of the heirs of Leola Stewart, deceased, have refused to convey any easement. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: FIRST: For the reasons cited above, the Board now deems it necessary to obtain a ten (10) foot wide easement across the most eastern portion of the lands of the hairs of Leola M. Stewart, deceased; said easement area is more fully described as follows: Being a ten (10) foot wide area, the -most eastern line thereof begins at the southeast corner of the lands of David Lentis Poole and- wife, Inez 0 Poole, said beginning corner -is located 50 feet South of South Street and 150 feet East of Railroad Street and runs thence South 2° 44' West 69.51 feet to the lands of Ralph L. Turlington and wife, Nellie N. Turlington. SECOND: That the County Manager be and he is hereby authorized to-cause the easement area to be surveyed and maps prepared as deemed necessary. THIRD: That the County Manager be and he is hereby authorized to cause the heirs of Leola M. Stewart to be contacted in a further effort to negotiate the aforementioned needed easement area FOURTH: That upon failure of negotiation for said.easement area, the Board deems It necessary that the District exercise its power of eminent domain to obtain the fee simple title to a ten (10) foot wide permanent ease- ment right of way, across the lands of the heirs of Leola M. Stewart, deceased, to the end that the areas mentioned herein be condemned and appropriated for the public use of constructing, installing, using and maintaining underground 1 1 ACTION RESOLUTION - -BUIES CREEK -COATS WASTE- WATER DISTRICT REGARDING FAILURE TO PAY SEWER CHARGE 537 T- outfall and /or collection lines and pipes for the flow of wastewater as needed for the District's collection system, including the right to clear trees, undergrowth and other obstructions within said areas and to keep clear of trees, undergrowth and other obstructions and the right of ingress and egress over and upon said area to inspect, maintain, repair and replace lines and pipes and to do and perform all matters and things the District shall be authorized by law to do within said area of right of way. FIFTH: That the County Manager or in the alternative, E. Marshall Woodall, attor- ney, for and on behalf of the District, be and they or either one of them, are hereby authorized to execute declarations of taking of property as herein mention- ed; that E. Marshall Woodall, attorney for and on behalf of the District is hereby authorized and directed to file actions in the Harnett County Superior Court for the purpose of condeming and appropriating the aforesaid lands. SIXTH: That the County officials be and they are hereby authorized and directed to do all things and matters necessary to obtain the aforesaid needed lands and interests therein. Duly adopted this the Seventh Day of January, 1985. S /Jesse Alphin Chairman, Harnett County Board of Commis- sioners ATTEST: s /Vanessa W. Young Clerk Commissioner Collins made a motion that the foregoing resolution be approved; Commissioner Shaw seconded the motion and it carried with a unanimous vote. Marshall Woodall, Attorney for the Buies Creek -Coats Wastewater District, presented to the Board for their consideration a resolution authorizing the County Utility Department to cut off water service upon failure of the user to pay sewer charges. Following a lengthy discussion, Commissioner Stewart made a motion that the following resolution be approved; Commissioner Shaw seconded the motion and it carried with a unanimous vote: HARNETT COUNTY, NORTH CAROLINA. RESOLUTION THAT, WHEREAS, pursuant to contract with Northeast Metropolitan Water District of Harnett County, the County of Harnett is operating water supply and distribution systems as authorized by Article 15 of Chapter 153A of the General Statutes of North Carolina; and WHEREAS, pursuant to contract with the Buies Creek -Coats Water and Sewer District of Harnett County, the County of Harnett is operating sewage collection and disposal systems as authorized by Article 15 of Chapter 153A of the General Statutes of North Carolina; and WHEREAS, the County of Harnett has created a County Utility Department to operate the public enterprise systems mentioned above; and WHEREAS, the County Utility Department is delivering water supply service and sewer collection service to retail users and pursuant to authority of North Carolina General Statute 153A -275, 276, and 277, a schedule of rates has been established for sia services and charges for siad services are billed on one (1) statement; and WHEREAS, the County is authorized by Article 15 of Chapter 153A of the Gen- eral Statutes of North Carolina to adopt, by ordinance or resolution, adequate and reasonable rules and regulations to protect and regulate public enterprises systems belonging to or operated by it; and WHEREAS, by rules and regulations heretofore adopted and by authority of said Article 15, the County may discontinue service to users whose accounts have become delinquent. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: First: That the County Utility Department be and it is hereby authorized to discontinue service to a customer whose account remains delinquent for more than 10 days, including the dis - connection of water services; provided that said dis- connection of water services may be for delinquency of water service charges and /or sewer service charges; provided further that said dis- connection of water service may be for delinquency of charges for properly billed sewer service and /or other charges properly made whether or not the user has 538 LIBRARY: BIDS FOR COMPUTER SOCIAL SERVICES BUDGET AMENDMENT SOCIAL SERVICES' AUTHORIZATION TO APPLY FOR DAY CARE FUNDS BUDGET AMENDMENT SHERIFF'S BUDGET APPOINTMENTS BOARD OF HEALTH SHERIFF.'S REPORT TAX DEPARTMENT connected to the County operated sewer lines as required by County Ordinance. Second: That the County Utility Department be and it is authorized to collect delinquent accounts by any remedy provided by law for collecting and enforcing private debts. Third: That the County Utility Department be and it is authorized to proceed to enforce all Rules and Regulations' of the public enterprise, systems and all other ordinances relative to enterprise services heretofore adopted by the County Board of Commissioners. Duly Adopted this Seventh Day of January, 1985, s/ Jesse Alphin Chairman ATTEST: s /Vanessa W. Young Clerk Margaret Randall, Director of the Harnett County Library, appeared before the Board and reported that on Thursday, January 3, 1985, bids on a computer for the Library were received and opened.'' Mrs. Randall reported that three bids were received: one from Total Data Systems for a Texas Instrument Computer; one from J. E. Womble -and Sons for a Radio Shack computer; and one from Data Age out of. Raleigh for an IBM computer. She explained that a committee consisting of Gordon Springle, Chairman' of the Library Board; M. H. Brock, County Manager; Kay Hawley, Secretary with the Manager's Office; as well as herself reviewed the bids and recommended that the bid for the computer for the Library be awarded to Data Age out of Raleigh for the IBM computer. She explained that Data Age was not the- lowest bidder, but that the low bidder did not include a bid bond. Following a discussion, Commissioner Collins made a motion that the Board approve the recommendation of this Committee and that the bid for the Library computer be awarded to Data Age; Commissioner Shaw seconded the motion and it passed with a unanimous vote. Helen Crews, Director of Social Services, appeared before the Board and requested a budget amendment to the Social Services Budget for federal funds received in the amount of $35,917 for the Crisis Intervention Program and_$1,145 State funds received for the training of chore workers. Commissioner Shaw made a motion that the Social Services Budget be amended as follows; Commissioner Brock seconded the motion and it passed with a unanimous vote: Code 7710 -151, Crisis Intervention, be increased by $35,917 and Code 7700 -010, Employee Training, be increased by Helen Crews :Director of Social Services, appeared.before.the Board and requested authority from the Board to -make application for $1,250 of Day Care Funds. She explained that these, funds would.be used to assist Individual Child Care Providers in bringing their homes up to the required standards; such as, installing smoke detectors. Following a discussion, Commissioner Brock made a motion that the Board adopt the following resolution endorsing the submission of an application for these funds; Commissioner Stewart seconded the motion and °it passed with a unanimous vote: The Harnett County Board of County Commissioners endorses the application of the Harnett County Department of Social Services requesting $1,250.00 of Day Care Start-up Funds to be used to assist current and future ICCA providers in meeting the standards for approval. s/Jesse Alphin Chairman, Board of Commissioners Commissioner Brock made a motion that the Board approve an amendment to the Sheriff's Department Budget, to increase Capital Outlay, .Code .5100 -074, by $1,551' to reflect reimbursement from the insurance company for property damage, State-vs. Donald Leason Whitehead; Commissioner Collins seconded the motion and it carried with a unanimous vote.. Commissioner Stewart made. a motion that Mr. Jack Allen and Dr. Gordon Townsend be reappointed to the Board of Health for a three -year term and that Mr. No Wortman be appointed to serve his first three -year term, replacing Mrs. Joyce Andrews who is rotating off the Board; Commissioner Collins seconded -the motion -and it carried with a unanimous vote. The Sheriff's Report for the month of December, 1984, was filed with the Board. Thomas Allen, Tax Administrator, reported on the activities of the Tax Collections Department for -the month of December and their plans for January, 1985. 1 REFUND - -SMITH RELEASES - -WEST SUBDIVISION PLATS ACTION POLICY AFFECTING SUBDIVISION PLATS PERMITS SHALL NOT BE RESCINDED WITHOUT APPROVAL FROM COM- MISSIONERS TAX ATTORNEY'S REPORT ADJOURNMENT Thomas Allen requested a tax refund to Douglas J. Smith, Rt. 2, Box 245K, Lillington, NC 27546, in the amount of $2.96. This property was charged for being located in the Flat Branch Fire District and it is not within the District. Commissioner Shaw made a motion that this refund be approved; Commissioner Stewart seconded the motion and it carried with a unanimous vote. Thomas Allen requested and explained a request from Lillian A. West for two tax releases, one in the amount of $91.66 and one in the amount of 59 cents. Following a discussion, Commissioner Collins made a motion that both the tax releases to Ms. West be approved; Commissioner Stewart seconded the motion and it carried with a unanimous vote. Ervin Dobson, Director of Planning, appeared before the Board and requested that the following subdivision plats be approved. He explained that each of the plats has been approved by the Board of Transportation and Health Department: 1. Grayson Senter, Seven Lot, located on US 401, north of Chalybeate Springs 2. Knotty Pine Subdivision, 40 lot, owned by Glenn Godfrey, Johnsonville Township. 3. Fred P. Senter, eight lot subdivision, on SR 1403, Hector's Creek Township 4. Ernest Wester, twenty -three lot subdivision, located on S.R. 1430 off Highway 401 in Chalybeate Springs area 5. Sierra Villa, three lot, Anderson Creek Township SR 1156 6. Morgan Farm, five lot subdivision, U.S. 401 and SR 1467, Hector's Creek Township 7. Don Keim, one lot subdivision, SR 1547, Grove Township Commissioner Collins made a motion that the foregoing subdivision plats be approved; Commissioner Shaw seconded the motion and it carried with a unanimous vote. Commissioner Brock made a motion that after a subdivision plat has been approved by the Board of Commissioners that no one including the Health Department, Planning Board, or Transportation Department, has the authority to rescind a permit without first obtaining the authority from the Board of Commissioners to rescind the permit; Commissioner Stewart seconded the motion and it carried with a unanimous vote. The following tax attorney's report was filed with the Board: COLLECTED 84 CVD 991 672.34 84 CVD 0256 332.48 BLACK RIVER TOWNSHIP Guin, Waylon Sherrill JOHNSONVILLE TOWNSHIP Brewington, Milton NEW SUITS STARTED Guin, Waylon Sherrill Frye, Ronnie L. Simon, Barbara Davis DATE 6 -18 -84 7 -27 -84 8 -31 -84 9 -18 -84 10 -4 -84 84 CVD 991 84 CVD 990 84 CVD 877 TAX ACCOUNT St. John's Terrace St. John's Terrace Michael Jefferson Ward Michael Jefferson Ward Various FEE 150.00 90.00 $1,004.82 $240.00 10.00 10.00 $20.00 Telephone Calls To State Review of Statute Conference with Thomas Allen Call to Institute of Governments Preparing Answers to Town of Lillington Tax Suits TOTAL 45.00 22.50 13.50 13.50 45.00 $399.50 There being no further business, the Harnett County Board of Commissioners meeting duly adjourned at 12 noon. airman Secretary ( 1 awaoa� 74 Clerk