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08041986101 HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, August 4, 1986 The Harnett County Board of Commissioners met in regular session on Monday, August 4, 1986, in the Commissioners Room, County Office Building, Lillington, North Carolina, with the following members present: Lloyd G. Stewart, Rudy Collins, Bill Shaw, and Chairman Jesse Alphin presiding. Others present were: Dallas H. Pope, County Manager Vanessa W. Young, Clerk to the Board; John M. Phelps, II, representing the County Attorney's Office; and Rollie J. Wade, Recording Secretary. CALL TO ORDER Chairman Jesse Alphin called the meeting to order at 9:10 a.m. PRAYER Commissioner Bill Shaw led the morning prayer. MINUTES The minutes from the Harnett County Board of Commissioners meeting of July 17, and 21, 1986, were approved as read. DOT Ray Stone, Highway Maintenance Engineer with the North Carolina Department of Trans- portation, appeared before the Board to discuss road matters and situations in Harnett County. SR 1236 Brady Patterson, appeared before the Board as spokesperson for the residents on SR 1236 and requested the priority for this road be reconsidered. He explained that when the recent priority listing was established, SR 1236 was assigned a priority of 41. In 1983, it had the priority of 14 but in order for the road to be paved the Department of Transportation had notified the property owners that the road would have to be realigned and at that time the property owners would not give the necessary rights -of -way. Mr. Patterson asked that the Department of Transportation reconsider the realignment of SR 1236. A full discussion of this request followed during which Chairman Alphin indicated that the Board would support his request but the final analysis of this matter would be under the jurisdiction of the Department of Transportation. RESOLUTION RE: Rodney Tart, Director of Public Utilities, appeared before the Board and presented to NORDIC WAREHOUSE the Board for their consideration a resolution authorizing the County to enter into INC. a contract with CSX Transportation concerning the installation and maintenance of a 12 -inch water main crossing the Railroad's right -of -way in order to provide water to the proposed industrial site for Nordic Warehouse, Inc., on 301 North of Dunn. Following a discussion, Commissioner Shaw moved for the adoption of the following resolution as presented by Mr. Tart; Commissioner Collins seconded the motion and it carried with a unanimous vote. RESOLUTION Be it resolved by the Board of County Commissioners in regular meeting assembled that the Chairman of said Board be, and he hereby is, authorized to enter into an agreement with CSX TRANSPORTATION, INC. ( "CSXT "), and to sign same on behalf of said County whereby CSXT grants unto said County right or license to install and maintain a water main across the right of way and under CSXT tracks at Benson (Dunn), North Carolina, as particularly described in said agreement, which agreement is dated July 30, 1986, a copy of which agreement is filed with the Board of County Commissioners. HARNETT COUNTY BOARD OF COMMISSIONERS RESOLUTION RE: Dallas H. Pope, County Manager, presented to the Board a resolution in recognition of RECOGNITION OF M. H. Brock which had been prepared by Robert Morgan. Following its presentation, M.H. BROCK Commissioner Collins moved for the adoption of the following resolution; Commissioner Stewart seconded the motion and it carried with a unanimous vote: NORTH CAROLINA HARNETT COUNTY BE IT RESOLVED BY THE BOARD OF COMMISSIONERS THAT: MARION HOLT "JACK" BROCK a Commissioner of this County for twenty -three years and County Manager for fifteen years passed away on the third day of July, 1986. As Commissioner and County Manager he helped guide the County through one of its greatest eras of growth and left his mark on progressive programs and projects, including the consolidated high schools, the County Airport, the Metropolitan Water District, the Buies Creek -Coats Waste Water District, a solid waste disposal system, an industrial training center, fire and rescue districts, medical centers, new office facilities, and others. His imaginative and innovative leadership brought to fruition the week of his death the acquisition of a modern law enforcement center for the County. He recognized the importance of highly trained and professional programs of human resources and personnel. As a result the County has a progressive personnel employment and retirement system. 102 Throughout his life he was a dedicated Christian and•lay leader in his Church. By virtue of his outstanding leadership in County Government he was selected as the OURSTANDING COUNTY COMM4ISSIONER of North Carolina in 1981. He served as President of the North Carolina Association of County Commissioners in 1973, and as a Director of the National Association from 1975 until his death. His valor in time of war and his dedication to his family, his Church and to all mankind leaves a role model to be emulated. HIS LIFE MADE A DIFFERENCE. DONE IN OPEN SESSION THIS FOURTH DAY OF AUGUST, 1986. s /Jesse Alphin s /Rudy Collins s /Lloyd G. Stewart s /Bill Shaw EULA BEARD Eula Beard appeared before the Board and presented to the Commissioners the Harnett PRESENTS NEEDLE- Family Crest which she had beautifully stiched in needlepoint. Chairman Alphin and POINT CREST the Commissioners complimented Ms. Beard on this lovely piece of work and expressed their appreciation to her for the time and efforts she had devoted to this project. SOUTHERN CABLE. Ted Crane, Representative with Southern Cablevision, appeared before the Board and UPDATE gave an update on their construction schedule to install cable in the various areas of Harnett County. He also presented a map to the Commissioners indicating the area Southern Cable is presnetly serving and the proposed areas they plan to serve in the future. RESOLUTION RE: John M. Phelps, Attorney, presented to the Board for consideration a resolution POWERLINE RELO- which would establish the amount of just compensation for the acquisition of the CATION necessary rights -ofway for the Harnett County Airport Power Line Relocation Project and would also authorize Carolina Power & Light Company to make written offers to each property owner in the respective amounts set forth in the resolution for the purchase of said rights -of -way. Following a full discussion, Commissioner Stewart made a motion that the following resolution be approved; Commissioner Shaw seconded the motion and it carried with a unanimous vote: RESOLUTION ESTABLISHING AMOUNT OF JUST COMPENSATION FOR AIRPORT POWER LINE RELOCATION WHEREAS, pursuant to the regulations of the Federal Aviation Administration, Harnett County has been involved with the relocation of certain Carolina Power $ Light Company power lines near the Harnett County Airport; and WHEREAS, Carolina Power $ Light Company has recnetly completed the following appraisals and review appraisals required for the right -of -way acquistion necessary for the power line relocation; and WHEREAS, the project parcel numbers, owners, Appraised values and Review Appraisal recommendations for the property concerned are as follows: Parcel Appraised Review Number Owner Value Appraisal 24 Woodrow Johnson $ 4,950 $ 4,950 24A Lilace J. Jorgenson 150 150 24C Elmond Gilchrist 950 950 24D Rubelle H. Shelly 9,050 9,050 24E Ralvin McLeod Estate 650 650 24F Henry Loyd 800 800 24G Danny W. Coats 2,050 2,050 24H,24HA 24L,24Q Harold Wesley Lloyd 4,800 4,800 24K,24N Thomas T. Lanier 37,950 37,950 24J W. D. Franklin 4,300 4,300 24M Odessa M. Spears 9,000 9,000 24P Donna W. Turlington -0- -0- 24R Phillip B. Turlington, et al 15,700 15,700 24S Sylvia T. Stancil, et al 500 500 24T Burgess P. Marshbanks, Jr. 35,700 35,700 24W Stacey M. Johnson 1,325 1,325 24X Jake T. Lamm, et al 8,150 8,150 25A W. Richard Sorrell, et al 1,800 1,800 WHEREAS, in order to continue with the power line relocation project it is neces- sary, under Federal Aviation Administration regulations, for the Harnett County Board of Commissioners to establish the amount of just compensation for each par- cel listed above and to authorize Carolina Power $ Light Company to make offers in these amounts to the respective owners for the purchase of the necessary rights of -way and 103 CONTRACT AGREE. RE: GEOTECHNICAL SERVICES FOR NEW DUNN -ERWIN LANDFILL WHEREAS, the Office of the Harnett County Attorney has reviewed the appraisals and review appraisals, and find them to be in order; and WHEREAS, the Harnett County Board of Commissioners desires to establish the review appraisals as the amount of just compensation and to authorize Carolina Power f Light Company to make the necessary offers; NOW THEREFORE BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS THAT: 1. The amount of the Review Appraisals for the respective parcels set out here - inabove is hereby established as just compensation for the acquisition of necessary rights -of -way in the Harnett County Airport Power Line Relocation Project. 2. Carolina Power $ Light Company is hereby authorized to make written offers to each property owern in the respective amounts set forth for the purchase of said rights -of -way. Duly adopted this 4th day of August, 1986. ATTEST: s /Vanessa W. Young Clerk HARNETT COUNTY BOARD OF COMMISSIONERS s /Jesse Alphin Chairman Dallas H. Pope, County Manager, presented to the Board for their consideration a contract agreement with Froehling and Robertson, Inc., for the purpose of providing drilling test wells and installing ground water monitoring wells for the new Dunn - Erwin Landfill Site. Following a discussion, Commissioner Shaw made a motion that the Contract Agreement with Froehling and Robertson to provide geotechnical services for the Dunn -Erwin Landfill in the amount notto exceed $8,740.00 be approved; Commis- sioner Collins seconded the motion and it passed with a unanimous vote. ENGINEERING AGREE.Dallas H. Pope, County Manager, presented to the Board for their consideration an WITH RAGSDALE agreement with Ragsdale Consultants, P.A., to provide the engineering services for the FOR GENERATOR Design, Bidding and Award, and the Construction Administration and Inspection concern- ing services for the Design, Bidding and Award, and the Construction Administration and Inspection concerning the installation of a 100 KW Generator to support the Emergency Operations Center in connection with the North Carolina Emergency Response Plan for the Shearon Harris Nuclear Power Plant. Mr. Pope explained that Carolina power and Light will pay for these engineering services and all costs involved in obtaining this generator. Following a general discussion, Commissioner Collins made a motion that the engineering agreement with Ragsdale Consultants for the 100 KW Generator be approved; Commissoiner Shaw seconded the motion and it carried with a unanimous vote. PROCEDURE TO FILL Attorney John M. Phelps, II, appeared before the Board and advised them of the proce- VACANCY ON BOARD dure which needs to be followed to fill the vacancy on the Board created by the death of M. H. Brock. Mr. Phelps outlined that the procedure for appointment under G. S. 153A -27 which states that within 60 days after the vacancy on the Board occurs, the remaining Board members appoint a qualified person to fill the vacancy. To be eligible for appointment, a person must: (a) be a member of the same political party as the member being replaced and (b) be a residnet of the same district as the member being replaced. Mr. Phelps continued to explain that the remaining Board members must consult the County Executive Committee of the Democratic Party before filling the vacancy, but the Board is not bound by the Committee's recommendation. He stated that the appointment to fill the vacancy extends to the first Monday in December, 1986. He concluded his comments by explaining that under N. C. General State 163 -115 a general election must be held to elect an individual to serve the remaining two years of Mr. Brock's term. Nominations shall be made by the county executive committee of each political party and the names of the nominees shall be printed on the general election ballot. REPORT FROM DEMOCRATIC EXECUTIVE COMM. Holt Felmet, Chairman of the Harnett County Democratic Executive Committee, appeared before the Board and informed the Commissioners that the Harnett County Democratic Executive Committee had met in a duly called meeting on the evening of July 31, 1986, to recommend a name to the Board of Commissioners to fill that portion of the unexpired term of M. H. (Jack) Brock which will be from the date of appointment until an elected representative can be sworn in, which will be the first Monday in December, 1986. At the Democratic Executive Committee meeting, the names of W. N. Porter, Larry Smith, and Mack Reid Hudson were placed in nomination from the floor. The vote was as follows: W. N. Porter Larry Smith Mack Reid Hudson 19 votes 13.5 votes 64 votes As a result of the votes cast, the Harnett County Democratic Executive Committee recommended that the Board of Commissioners appoint Mack Reid Hudson to fill the 104 W.N. PORTER APPEARED BEFORE THE BOARD RESOLUTION APPOINTING MACK REID HUDSON TO BOARD seat on the Board of Commissioners for District Number Two. Chairman Alphin explained to the group present that as Mr. Phelps had explained earlier the Board of Commissioners are not bound to accept the recommendation of the Democratic Executive Committee and that Mr. W. N. Porter had asked to be heard regarding the appointment to fill this vacancy. Chairman Alphin recognized Mr. Porter and others who wished to comment concerning this matter. Mr. Carnell Robinson appeared before the Board and requested that the Board not accept the recommendation of the Democratic Executive Committee and advocated the appointment of W. N. Porter to fill the vacancy on the Board until an elected representative is sworn -in in December. Mr. W. N. Porter appeared before the Board and asked that he as a representative of the minorities in Harnett County be appointed to fill the vacancy on the Board. He also asked that if the Board chose today not to appoint him to fill this vacancy then to table their decision on this matter until the mid -month meeting in August. Mr. Porter addressed the issues concerning the County's present mode -of- elections which he feels makes it systematically impossible to have a minority elected to a Board and other reasons as to why he felt a minority should be appointed to fill this vacancy. Chairman Alphin thanked Mr. Robinson and Mr. Porter for their comments. Following a discussion and consideration of the information provided to the Board regarding the appointment to fill the vacancy on the Board of Commissioners, Commissioner Shaw made a motion that the Board adopt the following resolution accepting the recommendation of the Democratic Executive Committee and appointing Mack Reid Hudson as the Commissoner for District II to serve until the first Monday in December, 1986; Commissioner Stewart seconded the motion and it carried with a unanimous vote. RESOLUTION APPOINTING MACK REID: :HUDSON AS HARNTT COUNTY COMMISSIONER WHEREAS, a vacancy on the Harnett County Board of Commissioners was created by the recnet death of M. H. "Jack" Brock; and WHEREAS, N.C. Gen. Stat. Chapter 153A provides that the remaining members of the Board may appoint a qualified person to fill the vacancy; and WHEREAS, said Chapter 153A requires that the person so appointed be a member of the same political party and be a resident of the same district as the member being replaced; and WHEREAS, M. H. Brock was a member of the Democratic Party and a resident of County Commissioner District 2; and WHEREAS, said Chapter 153A also requires that hte remaining board members con- sult the County Executive Committee of the appropriate political party before filling the vacancy; and WHEREAS, the Harnett County Board of Commissioners requested input from the Executive Committee of the Democratic Party regarding the filling of said vacancy as by law required; and WHEREAS, by letter dated August 1, 1986, a copy of which is attached, the Executive Committee of the Democratic Party has recommended that Mack Reid Hudson be appointed as Harnett County Commissioner to fill the vacancy on the Board; and WHEREAS, the Board finds that Mack Reid Hudson is a member of the Democratic Party and is a resident of County Commissioner District 2; and WHEREAS, the Harnett County Board of Commissioners desires to accept the recommendation fo the Harnett County Democratic Executive Committee and to appoint Mack Reid Hudson as Harnett County Commissioner to fill said vacancy. NOW THEREFORE BE IT RESOLVED BY THE HARENTT COUNTY BOARD OF COMMISSIONERS THAT: Pursuant to N.C. Gen. Stat. 153A -27 Mack Reid Hudson is now hereby apointed as Harnett County Commissioner from County Commissioner District 2 to fill the vacancy on the Board of Commissioners hereabove described, to serve until the first Monday in December, 1986 as by law provided. Duly adopted this 4th day of August, 1986. ATTEST: s /Vanessa W. Young Clerk HARNETT COUNTY BOARD OF COMMISSIONERS 8/Jesse Alphin Chairman 105 1 1 DALLAS POPE Attorney John Phelps presented for the Board's consideration a resolution appointing APPOINTED COUNTY Dallas H. Pope county manager for Harnett County. Commissioner Stewart made a MANAGER motion that the following resolution as presented by Mr. Phelps be approved; Commissioner Collins seconded the motion and it carried with a unanimous vote: RESOLUTION APPOINTING DALLAS H. POPE AS HARNETT COUNTY MANAGER WHEREAS, because of the recent death of M. H. "Jack" Brock, the position of Harnett County Manager is vacant; and WHEREAS, in order to promote the continued orderly and efficient administration of County affairs the Harnett County Board of Commissioners (hereinafter "the Board ") did, by Resolution, on July 7, 1986, appoint Dallas H. Pope as Interim County Manager; and WHEREAS, the Board now desires to appoint a County Manager; and WHEREAS, Dallas H. Pope served Harnett County as Assistnat County Manager from January 1, 1986 to the time of his appointment as Interim County Manager, and prior to that time served as Town Manager for Lillington, North Carolina; and WHEREAS, the Board finds that Dallas H. Pope has proven himself to be a dedicated and efficient administrator, and that he is adequately and fully qualified to assume the position of Harnett County Manager; and WHEREAS, the Board, pursuant to N. C. Gen Stat 153A -81, may appoint a County Manager to serve at its pleasure, and the Board now desires to appoint Dallas H. Pope as Harnett County Manager. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT OCUNTY BOARD OF COMMISSIONERS THAT: 1. Pursuant to the provisions of N.C. Gen. Stat. 153A -81, Dallas H. Pope is now and is hereby appointed as County Manager for Harnett County. 2. As Harnett County Manager, Dallas H. Pope is authorized and empowered to act on behalf of the County as by law provided. Duly adopted this 4th day of August, 1986. ATTEST: s /Vanessa W. Young Clerk HARNETT COUNTY BOARD OF COMMISSIONERS s /Jesse Alphin Chairman SUBDIVISION PLAT Ervin Dobson, Director of Planning, appeared before the Board and requested consider - NELSON CURRIN ation of a subdivision plat owned by Nelson Currin located in Neill's Creek Township. Commissioner Collins made a motion that the subdivision plat for Nelson Currin be approved; Commissioner Shaw seconded the motion and it carried with a unanimous vote. SUBDIVISION PLAT Mr. Dobson, Director of Planning, presented for the Board's consideration a subdivi- WALNUT RIDGE sion plat for Walnut Ridge Subdivision on SR 1561. Following a discussion, Commis- sioner Collins made a motion that the Subdivision Plat for Walnut Ridge be approved; Commissioner SHaw seconded the motion and it carried with a unanimous vote. BUDGET AMEND. HUD SHERIFF DEPT. PUB. BUILDINGS Commissioner Shaw made a motion that the following budget amendments be approved; Commissioner Collins seconded the motion and it carried with a unanimous vote: HUD Sheriff Dept. Public Buildings code 10- 7500 -002, code 10- 7500 -005, code 10- 7500 -007, code 10 -5100 -027, code 10 -5100 -002, code 10- 5100 -005, code 10 -5100 -007, code 10 -5000 -002, code 10 -5000 -005, code 10 -5000 -007, code 10- 8800 -160, Salaries $ Wages FICA Tax Expense Retirement Expense Drug Program Salaries & Wages FICA Tax Expense Retirement Expense Salaries F, Wages FICA Tax Expense Retirement Expense Contingency $2,594., increase 200., increase 200., increase 1,919., increase 828., increase 60., increase 65., increase 737., increase 75., increase 75., increase 887., decrease 106 TAX OFFICE REPORT Bobby Wicker, Tax Administrator, appeared before the Board and presented a report to the Board on the activities of his department for the month of July, -1986, and his plans for August. Mr. Wicker requested authorization from the Board:'to proceed with printing of the tax notices. Following a discussion, Commissioner Collins made a motion that Mr. Wicker is hereby authori -ed to proceed with the printing of the notices; Commissioner Stewart seconded the motion and it carried with a unanimous vote. SHERIFF DEPT. REPORT Larry Knott, Chief of Administration, filed a report with the Board on the activities of the Sheriff's office for the month of August, 1986. AMB. SERV. REPORT A copy of the ambulance report and inspection report was filed with the Board. TAX ATT. REPORT JESSE ALPHIN APPOINTED TO LEE - HARNETT MENTAL HEALTH BOARD RESOLUTION RE: FINANCING OF COMPUTER HARDWARE FOR TAX DEPT. The following Tax Attorney's- report was filed with the Board. NAME Johnsonville Township: George E Lula King Upper Little River Township: James Devon Ray Sub - Total. New Suits: Black River Township: Walter Lanier, et als William Mangum, et als Lillington Township: Tommie Arnold, et als Tommie Arnold, et als Bobby Carroll, et als Nathan McCormick Heirs Samuel Ridges, et als Advanced Costs: Black River Township: Walter Lanier, et als William Mangum, et als Lillington Township: Tommie Arnold, et als Bobby Carroll, et als Nathan McCormick heirs Samuel Ridges, et als SUTT NO. 85 CvD 0687 85 CvD 0730 86 CvD 0678 86 CvD 0680 86 CvD 0633 86 CvD 0631 86 CvD 0679 86 CvD 0691 86 CvD 0690 Sub -Total AMOUNT COL. 605.27 930.37 $1,535:64 86 CvD 0678 - Postage fees 86 CvD 0680 - Postage fees ATTY FEE 190.00 190.00 $380.00 10.00 10.00 10.00 10.00 10.00 10.00 10:00 $ 70.00 1.83 1.22 86 CvD 0633 $ 86 CvD 0631 - Postage fees 3.05 86 CvD 0679 - Postage fees 1.22 86 CvD 0691 - Postage fees .78 86 CvD 0690 - Postage fees 3.05 Sub -Total $ 11.15 Credit - Court advanced service fee on James Junius Hudson case (4.00) Sub -Total BALANCE DUE $1,535.64 $457.15 $ 7.15 Commissioner Collins made a motion that Jesse Alphin be appointed to serve as the representative from the Harnett County Board of Commissioners on the Lee - Harnett Mental Health Board filling the vacancy created by the death of Commissioner Brock; Commissioner Shaw seconded the motion and it carried with a unanimous vote. Attorney John Phelps presented for the Board's consideration a resolution concerning the financing of the computer hardware for the tax office with Southern National Leasing Corporation. Following a discussion, Commissioner Shaw made a motion that the following resolution be approved; Commissioner Stewart seconded the motion and it carried with a unanimous vote. 1 1 107 RESOLUTION RESOLUTION REGARDING FINANCING PURCHASE OF COMPUTER HARDWARE FOR TAX DEPARTMENT WHEREAS, the Harnett County Board of Commissioners (hereinafter "the Board ") at its meeting on June 16, 1986 awarded a contract to W. P. Ferriss, Inc. to supply computer hardware to the Harnett County Tax Department; and WHEREAS, Harnett County has arranged for the financing of the purchase of said computer hardware with Southern National Leasing Corporation of Charlotte, North Carolina, through a lease - purchase agreement; and WHEREAS, the Board finds that the arrangement with Southern National Leasing Corporation is the most appropriate financing proposal submitted to the County and should be accepted. NOW THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS THAT: 1. The financing arrangement for the purchase of the computer hardware for the Harnett County Tax Department from W. P. Ferriss, Inc., proposed by Southern National Leasing Corporation is hereby accepted, and the award of such financing is hereby made to Southern National Leasing Corporation. 2. Subject to approval by the County Attorney, Dallas H. Pope, as County Manager is hereby authorized and empowered to execute the appropriate documents to complete the financing arrangements. Duly adopted this 4th day of August, 1986. ATTEST: s /Vanessa W. Young HARNETT COUNTY BOARD OF COMMISSIONERS s /Jesse Alphin Clerk Chairman ADJOURNMENT There being no further business, the Harnett County Board of Commissioners meeting of August 4, 1986, duly adjourned at 11:38 a.m. Oar s .2o`/ •U, Clerk