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0721198695 HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, JULY 21, 1986 The Harnett County Board of Commissioners met in the Assembly Room, County Office Building, Lillington, North Carolina, on Monday, July 21, 1986, with the following members present: Commissioners Bill Shaw, Rudy Collins, and Vice - Chairman Lloyd G. Stewart presiding. Chairamn Jesse Alphin was absent. Other present were: Dallas H. Pope, Interim County Manager; Vanessa W. Young, Clerk to the Board; John M. Phelps, Attorney, and Hollie J. Wade, Recording Secretary. PUBLIC HEARING Vice - Chairman Lloyd Stewart called to order the public hearing concerning submission CALLED TO ORDER of an application for Community Development Block Grant funding in the amount of $750,000 to construct a water and sewer extension line to the proposed Food Lion Distribution Center industrial site located on 301 South of Dunn. PRAYER PUBLIC HEARING CLOSED PUBLIC HEARING CALLED TO ORDER Commissioner Bill Shaw led the evening prayer. Vice - Chairman Stewart recognized Randy McNeil, Engineer on the proposed project, who explained the preliminary design of the water and sewer line extension. Following Mr. McNeill's presentation, Chairman Stewart opened the hearing for public comments pro or con to the submission of a Community Development Block Grant Appli- cation to construct a water and sewer line to the proposed industrial site on Highway 301 South of Dunn. Abe Elmore, Member of the State Board of Economic and Development, appeared before the Board and asked that the Board proceed as rapidly as possible with the submission of this application. The location of the Food Lion Distribution Center would have a great overall economic effect on Dunn, Harnett County, and the surrounding Community; greatly increasing the job opportunities in this area. He also commented that the construction of this water line on Highway 301 would bring additional industry into the area. He stated that it is not often that a County has an opportunity to get an industry of this quality - -it is a clean industry which will provide job opportunities to 400 people. Mr. Elmore stated that he fully endorses this project. Delmon Williamson, Chairman of the Harnett County Development Commission, appeared before the Board and expressed his endorsement of this project. Chairman Stewart asked that anyone wise who wished to comment pro or con to this project to feel free to come before the Board at this time. After no one else appeared to comment, Chairman Stewart closed the public hearing concerning the submission of an application for Community Development Block Grant funding to extend a water and sewer line to Food Lion Industrial Site at 7:20 p.m. Chairman Stewart called to order the public hearing concerning the creation of the West Central Water and Sewer District of Harnett County and asked that anyone present who wished to speak pro or con to the creation of this District to feel free to appear before the Board at this time. Harrington Morrison, member of the Harnett County Development Commission and President of the Boone Trail Ruritan Club his full support of the creation of the West Central Water and Sewer District. He explained to the Board the need for water - -pure water, clean of all pollutants - -in the Boone Trail area. He thanked the Board for their support of this project and asked that they create this District. Braxley Thomas, Chief of Boone Trail Emergency Services, and Harold Allen, Chairman of the Board of Directors for Boone Trail Emergency Services, appeared before the Board and expressed their support for the creation of the proposed water and sewer District. John Aaron Senter appeared before the Board and petitioned that the Board include an additional area on Highway 27 in the proposed District. He explained that he is in favor of creating this District but felt that the area on Highway 27 needed to be included. If this area was not included in this particular District, he expressed his concerns that it would probably not be feasible to extend a water line to this area in the future. Mr. Senter asked if this area could be added to the proposed District and what actions would be necessary to include the homes on Highway 27? Rodney Tart, Director of Public Utilities, and Joe Hardee, Project Engineer, addresse Mr. Senter's questions as to the design of the project and the area encompassed in the proposed District. Attorney John Phelps addressed the legalities involved if this area is to be added to the proposed district. Dallas H. Pope, Interim County Manager, also addressed Mr. Senter's questions regard- ing the design of the District, its present boundaries, and the steps involved in expanding the District. Susan Worrell and Gary Whitley who reside on Highway 27 asked that the Board include this area in the proposed District. L. C. O'Quinn appeared before the Board and stated that he is a member of the Boone Trail Community and his residence would be included in Phase II of the West Central Water and Sewer District. Mr. O'Quinn expressed his support of this project and asked that the Board proceed with the creation of the proposed District and the implementation of Phase II as rapidly as possible. 96 PUBLIC HEARING Chairman Stewart asked that anyone else who would like to speak pro or can to the CLOSED creation of the proposed District to please feel free to appear before the Board at this time. After no one else came before the Board, Chairman Stewart closed the public hearing concerning the creation of the West Central Water and Sewer District of Harnett County at 7:50 p.m. REG. MEETING Chairman Stewart called to order the regular meeting of the Harnett County Board CALLED TO ORDER of Commissioners at 7:51 p.m. MINUTES APPROVED Commissioner Collins made a motion that the Harnett County Board of Commissioners minutes of June 5, June 16, June 23, June 25, July 2, July 7, and July 9 be approved; Commissioners Shaw seconded the moiton and it carried with a unanimous vote. RESOLUTION RE: BUIES CREEK/ COATS WATER $ SEWER DISTRICT RESOLUTION RE: APPLICATION FOR COM. DEV. BLOCK GRANT Jackie E. McLamb, District Director with the Farmers Home Administration, presented a Letter-of Conditions to the Board of Commissioners concerning the expansion of the Buies Creek -Coats Wastewater Treatment Plant. He discussed with the Board Form FmHA 442 -47, Loan Resolution, as well as other FmHA forms and requirements. After a full discussion thereof, a motion was made by Commissioner Bill Shaw, seconded by Commissioner Rudy Collins, and the following resolution was adopted upon three votes being cast in favor of and no votes opposed to the Motion: RESOLUTION BE IT RESOLVED: (1) That the Board of Commissioners of Buies Creek -Coats Water and Sewer District accepts the conditions set forth in a Letter of Conditions dated July 18, 1986, and Form FmHA 1942 -47, Loan Resolution: (2) That the Board of Commissioners of Buies Creek -Coats Water and Sewer District approves as shown on Form FmHa 442 -7, Operating Budget; the proposed budget: That the Chairman and Clerk be authorized to execute all forms necessary to ob- tain a loan from FmHA, including, but not limited to the following forms: Form FmHA 1942 -47 Loan Resolution Form FmHA 442 -46 Letter of Intent Form FmHA 442 -7 Operating Budget Form FmHA -400 -4 Assurance Agreement Form FmHA 400 -1 Equal Opportunity Agreement Form FmlA 1940 -1 Request For Obligation of Funds (4) That if the interest rate charged by FmHA should be changed between this date and the date of actual loan approval, the chairman and Clerk be authorized to execute new forms reflecting the current interest rate and revise payments as required by FmHA: (3) That the Board of Commissioners elects to have the intent rate charged by FmHA to be the lower of the rate in effect at either the time of loan approval or loan closing: The proposed rate schedule for sewer use is as follows: Residential - Minimum $11.60 (flat fee) plus 2.00/1000 gallons Commercial- Minimum $27.00 (flat fee) plus 2.50/1000 gallons (7) This resolution to become a part of the official minutes of the Board of Commis- sioners meeting held on July 21, 1986. BUIES CREEK -COATS WATER G SEWER DISTRICT Commissioner Collins moved for the adoption of the following resolution authorizing submittal of a Community Development Block Grant Application to the Department of Natural Resources and Community Development; Commissioner Shaw seconded the motion and it carried with a unanimous vote: RESOLUTION AUTHORIZING SUBMITTAL OF A COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION TO DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT WHEREAS, the Harnett County Board of Commissioners desires to submit a Community Development Block Grant application for an Economic Developemnt Project to the North Carolina Department of Natural Resources and Community Development, and WHEREAS, the application will be made for an Economic Development Project Grant to provide water and sewer service to the new Food Lion Distribution Center; and WHEREAS, the application will request an Economic Development Project Grant for $750,000.00. 97 NOW THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS that a Community Development Block Grant application for an Economic Development Project will be submitted to the North Carolina Department of Natural Resources and Community Development and the County, and its officers, agents and attorneys are hereby directed to take such action of whatsoever nature and execute such documents as necessary to file application herein described. Duly adopted this 21st day of July, 1986. ATTEST: s /Vanessa W. Young Clerk HARNETT COUNTY BOARD OF COMMISSIONERS s /Lloyd G. Stewart Vice - Chairman James Brown, representing the Citizens in Capitol Hills Subdivision, on SR 1257 out of Lillington, appeared before the Board and presented a petition requesting that water lines be extended to Capitol Hills and be included if possible in the West Central Water and Sewer District. Chairman Stewart thanked Mr. Brown for presenting this petition to the Board; and informed him the Board would take the matter under consideration. Following a full discussion of the proposed West Central Water and Sewer District and its proposed boundaries, Commissioner Collins made a motion that the Board adopt the following resolution creating the West Central Water and Sewer District of Harnett County and that the area on Highway 27 and Capitol Hills be studied to determine the feasibility of providing water to these two areas; Commis- sioner Shaw seconded the motion and it carried with a unanimous vote: RESOLUTION RESOLUTION CREATING THE WEST CENTRAL CREATING THE WATER AND SEWER DISTRICT WEST CENTRAL OF HARNETT COUNTY WATER $ SEWER DISTRICT WHEREAS, the Harnett County Board of Commissioners (hereinafter "the Board ") at its regular meeting on June 2, 1986, resolved that a public hearing be held, pursuant to N.C. Gen. Stat. 162A -86 et. seq., to consider creation of the West Central Water and Sewer District of Harnett County; and, WHEREAS, the Board, on June 2, 1986, also directed the County, its officers, agents and attorneys to take such actions of whatsoever nature and execute such documents as necessary to hold the said public hearing; and WHEREAS, pursuant to N.C. Gen. Stat. 162A -86, a Notice of Public Hearing was prepared stating the date, hour and place of the hearing and its subject and setting forth a description of the territory to be included within the proposed West Central Water and Sewer District of Harnett County; and WHEREAS, pursuant to said N.C. Gen. Stat. 162A -86, the Notice of Public Hearing was published once a week for three weeks in newspapers that circulate in the proposed district and posted in at least three public places in the district. The Notices of Public Hearing were posted and published the first time not less than twenty days before the hearing; and, WHEREAS, a public hearing was held at 7:00 p.m. on July 21, 1986, in the Assembly Room at the County Office Building, Lillington, North Carolina at which time taxpayers and all other interested persons appeared and were heard concerning the question of creating the West Central Water and Sewer District of Harnett County; and WHEREAS, the Board, following the public hearing, finds that: (1) There is a demonstrable need for providing in the district water services, or sewer services, or both; (2) The residents of all the territory to be included in the district will benefit from the district's creation; and (3) It is economically feasible to provide the proposed service or services in the district without unreasonable or burdensome annual tax levies; and WHEREAS, the Board recognizes that vital matters to be considered in creating the district are the availability of federal funding and the successful issuance of bonds and /or notes for the purpose of providing funding to provide water and /or sewer to the district, or portions thereof, and the number of users who contract to pur- chase water and /or sewer, and, 98 WHEREAS, the Board finds that the district shall be defined as set forth in the Notices of Public hearing and, WHEREAS, the Board now desires to create the West Central Water and Sewer Dis- trict of Harnett County. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Baord of Commissioners, as follows: 1. It is hereby found that: (a) There is a demonstrable need for providing in the district.water services, or sewer services, or both; (b) The residnets of all the territory to be included in the district will benefit from the district's creation; and (c) It is economically feasible to provide the proposed service or services in the district without unreasonable or burdensome annual tax levies; and, 2. The West Central Water and Sewer District of Harnett County is hereby created as provided above and the said District is hereby described as follows: Beginning at the point on the Harnett County -Lee County line where the northern bank of the Upper Little River intersects said county line and runs thence from said beginning point along and with the Harnett -Lee County line in a northeasterly direction 50,000 feet, more or less, to the point where the southern bank of the Cape Fear River intersects said county line; and runs thence along and with the courses and distances of the southern bank of the Cape Fear River in an east, southeasterly direction 43,000 feet more or less, to the point where the center of Hectors Creek meets the Cape Fear River; and runs thece in an east, southeasterly direction along the southern bank of said Cape Fear River 2,700 feet to a point on the southern bank of the Cape Fear River; and runs thence along a straight line South 45 degrees West perpendicular to and at right angles with said point on the southern bank of the Cape Fear River 13,600 feet, more or less, to the point in the centerline of State Road 1291 where said State Road 1291 in- tersects State Road 1258, at the community of Luart, and runs thence along a line running South 20 degrees EAst 11,000 feet, more or less, to a point on the western bank of Duncans Creek; and runs thence along the western bank of Duncans Creek the courses and distance of said creek in a south, southeasterly direction 8000 feet, more or less, to a point on said Duncans Creek, located 1000 feet, more or less southeast of NC Highway 27, and runs thence in a southwesterly direction along a line which is 1000 feet, more or less, South of and parallel to said Highway 27 29,000 feet, more or less (crossing SR 1131, SR 1130 and SR 1238) to a point on the northern bank of the Upper Little River; and runs thence along the courses and distance of the northern bank of the Upper Little River 58,000 feet, more or less, to the point and place of beginning. 3. The Clerk to the Board is hereby authorized and directed to cause this Resolution to be published once in each of two successive weeks in the newspapers in which the Notices of Public Hearing were published, and in addition thereto cause to be published with the resolution a notice as provided in N. C..Stat. 162A -87 (b). The County, and its officers, agents and attorneys are hereby directed to take any furhter actions as may be required by the laws of the State of North Carolina to perform the matters and things directed by this Resolution. INSPECTIONS FOR TOWN OF ANGIER Duly adopted this the 21st day of July, 1986. HARNETT COUNTY BOARD OF COMMISSIONERS s /Jesse Alphin Chairman ATTEST: s/Vannessa W. Young Clerk Dallas H. Pope, Interim County Manager, presented a request to the Board from the Town of Angier, asking that the County Inspections Department assume the operations and responsibilities to perform the building inspec- tion services task through the North Carolina General Statutes for the Town of Angier. Commissioner Shaw made a motion that the Harnett County Inspection Department provide the inspection services for the Town of 99 JOYCE BROWN EXTENDED LEAVE WITHOUT PAY Angier and authorized the County Manager to execute an agreement with the Town of Angier in this respect; Commissioner Collins seconded the motion and it carried with a unanimous vote. Jack Bryan, Director of Social Services, appeared before the Board and explained that Joyce Brown, an employee with the Social Services Department, has been on medical leave without pay for one year. And in accordance with Harnett County's personnel policy, after an employee has been on leave without pay for one year, any extension of leave without pay beyond this time must be approved by the Board of Commissioners. Mr. Bryan explained that Ms. Brown has been approved for retirement under the Local Government Retirement System; however, her claim been denied under the social security system and is currently in the second stage of a three stage appeal process. She does not want to accept retirement under the Local Government System until she gets a determination from the Social Security System. Also if she retires, her position in the agency will be fille- and she may not be able to return to employment if she decided that she can not live on the local government retirement only. She has indi- cated that she would like to have another six months on leave without pay to proceed with her attempts to retire under the social security system. Following a discussion, Commissioner Shaw made a motion that Ms. Joyce Brown be placed on leave without pay for an additional six months period; Commissioner Collins seconded the motion and it carried with a unanimous vote. RESOLUTION RE: Commissioner Collins made a motion that the Board approve the following resolution 1 CENT SALES TAX authorizing a public hearing concerning the levy of a one -half percent ('%) additional local government sales and use tax as presented by Mr. Pope, Interim County Manager; Commissioner Shaw seconded the motion and it carried with a unanimous vote. Commissioner Collins made a motion that the public hearing on the levy of an addition- al one -half percent sales and use tax be held on August 18, 1986, at 7:00 p.m.; Commissioner Shaw seconded the motion and it carried with a unanimous vote: RESOLUTION AUTHORIZING PUBLIC HEARING CONCERNING THE LEVY OF A ONE -HALF PERCENT (I%) ADDITIONAL LOCAL GOVERNMENT SALES AND USE TAX WHEREAS, on July 7, 1986 the General Assembly of North Carolina ratified Chapter 906 of the 1985 Session Laws (Regular Session, 1986) which permits counties to levy an additional one -half percent (A %) sales and use tax; and, WHEREAS, N.C. Gen. Stat. 105- 466(b) provides that prior to the imposition of such a tax by a county, the board of commissioners of that county shall hold a public hearing on the matter, and WHEREAS, the Harnett County Board of Commissioners desires to hold a public hear- ing to consider the levy of the tax. NOW THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS THAT: 1. A public hearing be held pursuant to N.C. Gen. Stat. 105- 466(b) to consider the levy of a one -half percent (A %) additional local government sales and use tax for Harnett County, North Carolina. 2. The County, and its officers, agents and attorneys are hereby directed to take such action of whatsoever nature and execute such documents as necessary to hold the public hearing herein described. Duly adopted this 21st day of July, 1986. HARNETT COUNTY BOARD OF COMMISSIONERS s /Lloyd G. Stewart Vice - Chairman ATTEST: s /Vanessa W. Young Clerk BUDGET AMENDMENT Commissioner Shaw made a motion that the Emergency Management Budget, Code 10 -5250 -020 EMER. MAN. Emergency Response Planning, be increased by $3,742 to reflect monies received from CPF,L for the Emergency Response Planning; Commissioner Collins seconded the motion and it carried with a unanimous vote. RESOLUTION RE: Dallas H. Pope, Interim County Manager, presented to the Board for their consideration WATERLINE EXT. a resolution regarding the waterline extension to Nordic Warehouse, Inc. Following TO NORDIC WARE. a discussion, Commissioner Collins made a motion that the following resolution be INC. approved; Commissioner Shaw seconded the motion and it carried with a unanimous vote: 100 RESOLUTION REGARDING WATERLINE EXTENSION TO NORDIC - WAREHOUSE, INC. WHEREAS, the Harnett County Development Commission was created for the purpose of promoting industrial development within Harnett County; and WHEREAS, the said Harnett County Development Commission has obtained a committ- ment from Nordic Warehouse, Inc. (hereinafter "Nordic ") to operate and conduct its business in Harnett County; and WHEREAS, Nordic has begun construction of its facility and will begin to operate a coul storage and distribution business upon its completion; and WHEREAS, in order to provide water services and fire protection to Nordic, Harnett County desires to extend a water distribution pipeline to Nordic's place of business, said water distribution pipeline to extend from the main water transmission pipeline between Dunn and Benson; and WHEREAS, Nordic has agreed to pay $3,000 towards the cost of such water distri- bution pipeline, and County desires to pay for the remainder of such cost: NOW THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS that: 1. Harnett County shall cause to be constructed a water distribution pipeline as described above from the main water transmission pipeline between Dunn and Benson to the place of business or Nordic. 2. Harnett County shall pay all costs for the construction of said pipeline, (including application fees) over and above the contribution of Nordic, which is $3000.00. 3. Harnett County and its officers and agents are hereby directed to take such action and execute the necessary documents in order to implement the terms of this Resolution. Duly adopted this 21st day of July, 1986, upon motion made by Commissioner Rudy Collins, seconded by Commissioner Bill Shaw and passed by the following vote: Ayes 3 Noes 0 Absent 1 Abstained 0 ATTEST: s /Vanessa W. Young Clerk HARNETT COUNTY BOARD OF COMMISSIONERS s /Lloyd G. Stewart Vice - Chairman BUDGET AMENDMENT Commissioner Collins made a motion that the Special Appropriation Budget, Code SPECIAL APPROPRI. 10- 8700 -156, Nordic Project, be increased by $20,000; Commissioner Shaw seconded the motion and it carried with a unanimous vote. ADJOURNMENT There being no further business, the Harnett County Board of Commissioners meeting of July 21, 1986, duly adjourned at 8:45 p.m. 1 r S et S reary airman Clerk CcideL