12191977195'
Harnett County Board of Commissioners Meeting, December 19, 1977
CALL TO ORDER
PRAYER
MINUTES APPROVED
The Harnett County Board of Commissioners met in regular ses-
sion on Monday, December 19, 1977, in the Commissioners Room,
County Office Building, Lillington, North Carolina. Chairman
Jesse Alphin and Commissioners Brock, Stewart, Shaw, and
Cotton were present. Edward H. McCormick, County Attorney,
and H. D. Carson, Jr., Clerk to the Board were also present.
Chairman Jesse Alphin called the meeting to order at 7:40 p.
Commissioner Brock led the evening prayer.
Minutes from the December 19, 1977, meeting were read and
approved.
NOMINATIONS
Chairman - Jesse Alphin H. D. Carson, Jr., Clerk to the Board, appeared before the
Board and requested the Commissioners to proceed with the
reorganization of the Board. Commissioner Cotton made a moti
that Jesse Alphin be nominated as Chairman of the Board, Com-
missioner Stewart seconded the nomination, and moved the nomi-
nations be closed. Each Commissioner - W. J. Cotton, Jr.,
W. A. Shaw, Jr., M. H. Brock, and Lloyd Stewart - voted
affirmatively when the issue was put to vote, and the Clerk
officially declared Jesse Alphin to be the Chairman of the
Board.
Appreciation to Board
Chairman Alphin expressed his appreciation for the confidence
the other Board members placed in him and stated that the
present Commissioners were the most cooperative and best Board
he had ever been associated with.
Vice Chairman - Lloyd Commissioner Shaw moved that Lloyd Stewart be nominated as
Stewart Vice Chairman, Commissioner Brock seconded the nomination and
asked that nominations be closed. All Commissioners voted
affirmatively on the issue, and Chairman Jesse Alphin officia
ly declared Lloyd Stewart as the Vice Chairman of the Board.
H. D. Carson, Auditor Commissioner Brock moved that H. D. Carson, Jr., be appointed
to serve at the pleasure of the Board as County Auditor.
Commissioner Stewart seconded the motion and the appointment
carried with a unanimous vote.
PUBLIC HEARING -- COMMUNITY DEVELOPMENT GRANT APPLICATION
COMMUNITY DEVELOPMENT
REPORT FY 1976
CENTRAL HARNETT AMBULANCE
AND RESCUE SERVICE
DISTRICT REPORT
Twenty people were in attendance for the public hearing pre-
sented by Sam Sally, Director of Harnett County Housing and
Urban Development Office. Mr. Sally discussed the strategies
and objectives for the Community Development Grant Applicatio
Mr. Sam Sally filed the Community Development annual report
for the FY 1976 with the Board.
Thomas Lanier, Director of Civil Preparedness, presented the
Central Harnett Ambulance and Rescue Service District Report
to the Board. Commissioner Cotton introduced the following
resolution:
Resolved that the report on the Central Harnett Ambulance
and Rescue District be filed with the Clerk to the Board this date and
that a public hearing be and the same is hereby set for February 20,
1978, at 8 O'clock p.m. at the County Office Building on 1st and Front
Street in the Town of Lillington, North Carolina; and that notice of
said hearing be sent to each owner of property in the proposed district
as shown by the County tax records as of January 1, 1977, at least four
(4) weeks prior to the hearing by the tax supervisor, Tom Allen; that
notice of the hearing be published in the Harnett County News at least
once not less than one week prior to the hearing; further that the Clerk
to the Board obtain an Affidavit of Publication fromthe editor of the
Harnett County News and that Tom Allen certify to the Board of County
Commissioners of Harnett County on or before said hearing that this
mailing to owners of property in said district has been completed.
The form of said Notice shall be as follows:
NOTICE
TO OWNERS OF PROPERTY IN THE TOWNSHIPS OF HECTOR'S CREEK, LILLINGTON,
NEILL'S CREEK, STEWART'S CREEK, AND UPPER LITTLE RIVER WHO ARE WITHIN THE
BOUNDARIES OF A PROPOSED CENTRAL HARNETT AMBULANCE AND RESCUE SERVICE
DISTRICT.
Take notice that a hearing will be held on the 20th day of February,
1978, at 8 O'clock p.m. at the County Office Building on 1st and Front
Street in the Town of Lillington, North Carolina, for the purpose of
n
196
FLOODWAY ORDINANCE FOR
ILMMTT ouNTY
hearing matters relevent to the creation of an ambulance and rescue
service district.
A map for the proposed district is attached or appended to this
Notice.
The boundaries of the proposed Central Harnett Ambulance and
Rescue District encompasses the entire Townships of Neill's Creek,
Lillington, and Upper Little River, the portion of Hector's Creek
Township that is a part of_Summerville Fire District and all of
Stewart's Creek Township except for the area that is a part of the
Ervin Fire[:: District.
A report entitled "Report: Central Harnett Ambulance and
Rescue Service District" was filed with the Board of Commissioners
of Harnett County, on the 19th day of December, 1977, and is
available for public inspection at the Office of the Clerk to the
Board of Commissioners.
HARNETT COUNTY BOARD OF COMMISSIONERS
By:
Jesse Alphin, Chairman
Upon the motion of W. J. Cotton, Jr., seconded by Commissioner
Stewart, the foregoing resolution passed upon the following vote.
Ayes 5 ; Noes None; Abstained None ; AbsentNone.
Edward H. McCormth±k, County Attorney, reported on the
ordinance entitled "FLOODWAY ORDINANCE FOR HARNETT COUNTY'
which was introduced at the first Mondpy Board meeting in
December Commissioner Cotton made a motion that the Boar
adopt this Floodway Ordinance, Commissioner Brock secondec
the motion, and the Floodway Orainanee 5`for Harnett County
passed unanimously upon the following vote: Ayes — Chairman
Jesse Alphin, Commissioners Brock, Cotton, Shaw and Stewar
Noes —None. The ordinance is placed in the Official County
Ordinance Book on page 101. The full text is as follows:
FLOODWAY ORDINANCE FOR HARNETT COUNTY, DECEMBER, 1977
SECTION 1. AUTHORITY
The General Assembly of the State of North Carolina has enacted
as G. S. 143- 215.51 et seq. a Floodway Regulation Law which empowers
local governments to establish floodways and to regulate artificial
obstructions in floodways. Therefore, the Harnett County Board of
Commissioners does adopt the following floodway regulations.
SECTION 2. PURPOSE
d
t;
The purpose of this ordinance is to specify a means for the regu
lation of artificial obstructions in floodways It is hereby declared
that the channel and a portion of the flood plain of certain streams
is designated as floodway, within which artifical obstructions may no
be placed except in accordance with the provisions of this ordinance.
the purpose of designating these areas as a floodway is to help contr 1
and minimize the extent of floods and damage, and thereby to prevent
or minimize loss of life, injuries, property damage, and other losses
(both public and private) in flood hazard areas and to promote the
public healhh, safety, and welfare of the citizens of Harnett County
in flood hazard areas.
SECTION 3. DEFINITIONS
(a.) "Floodway" means that portion of the channel and flood pla
of a stream designated to provide passage for the 100 -year
flood, without increasing the elevation of that flood at
any point by more than one foot.
(b.) "Natural obstruction" included any rock, tree, gravel, or
analogous natural matter that is an obstruction and has
been located within the floodway by a nonhuman cause.
(c.) "Artificial obstruction" means any obstruction which is no
a natural obstruction, including any which, while not a
significant obstruction in itself, is capable of accumulat
ing debris and thereby reducing the flood- carrying capacit
of the stream.
(d.) "Stream" means a water course that collects surface runof
from an area of one square mile or greater.
SECTION 4. FLOODWAY USES
The following uses mau be made of floodways as a matter of right
without a permit:
(a.) General farming, pasture, outdoor plant nurseries, horticul-
ture, forestry, wildlife sanctuary, game farm, and other
similar agricultural, wildlife and related uses.
(b.) Loading areas, parking areas, rotary aircraft ports, and
other similar industrial - commercial uses.
(c.) Lawns, gardens, parking, play areas, and other similar uses.
(d.) Golf courses, tennis courts, driving ranges, archery; ranges,
picnic grounds, parkd, swimming pools, hiking or horseback
riding trails, open space and other similar private and publi
recreational uses.
(e.) Streets, bridges, overhead utility lines, creek and storm
drainage facilities, sewage or waste treatment plant outlets.
water supply intake structures, and other similar public,
community, or utility uses.
(f.) Temporary facilities (for a specified number of days), such
as displays, circuses, carnivals, or similar transient amuse-
ment enterprises.
(g.) Boat docks, ramps, piers, or similar structures.
SECTION 5. ARTIFICIAL OBSTRUCTIONS PROHIBITED
The placement of any artifical obstruction in any floodway delineated
by this ordinance is hereby prohibited, unless a permit has been obtained
for such artificial obstruction from the Board of County Commissioners.
No damageable portion of a structure located outside the floodway may be
below the elevation that would be attained by the 100 -year fbodd if the
stream were contained within the floodway.
SECTION 6. EXISTING ARTIFICIAL OBSTRUCTIONS
Artificial obstructions existing in a floodway on the effective
date of this ordinance shall not be considered to be in violation of
the ordinance. However, they may not be enlarged or replaced in part
or in whole without a permit as provided by this ordinance.
SECTION 7. FLOODWAY MAP
The floodway boundaries are hereby established as shown on a map
entitled Black River Floodway Map, Harnett County, N. C. which is hereby
made a part of this ordinance by reference and is permanently filed with
the Clerk of Superior Court and with the Harnett County Register of
Deeds. A copy of the "Official Floodway Map" shall be kept on file and
made available for public inspection in the office of the Planning and
Development Director.
SECTION 8. PERMITS FOR ARTIFICIAL OBSTRUCTIONS IN A FLOODWAY
A permit for the placement of an artificial obstruction in a flood -
way, or for enlarging or replacing an existing artificial obstruction,
may be issued by the Board of County Commissioners. The determination
to issue such a permit will be based on consideration of the effects of
the artificial obstruction in a floodway in creating danger to life and
property (a) by water which may be backed up or diverted by such
obstruction; (b) by the danger that the obstruction will be swept down-
stream to cause injury or damage to others; and (c) by injurt.or damage
at the site of the obstruction itself. For this purpose, anticipated
development in the foreseeable future which may be adversely affected
by the obstruction may be taken into account, as well as existing
development.
An application for a permit to place an artificial obstruction in
a floodway shall be filed on a form provided by the Planning and
Development Director and shall include, but not be limited to, the fol-
lowing plans in duplication drawn to scale showing the nature, location
dimensions, slopes, and elevations of the area in question; existing
or proposed structures, fill storage of materials; drainage facilities,
and the location of the foregoing. Specifically, the following informa
tion is required:
198
(a) Elevation in relation to mean sea level of the lowest
floor (including basement) of all structures,
(b) A certificate from a registered professional engineer
or architect that the proposed structure will be
flood- proofed so that the structure is water tight
with walls substantially impermeable to the passage of
water and with structural components having the capability
of resisting hydrostatic and hydrodynamic loads and effects
of buoyancy.
(c) A description of the extent to which any watercourse
will be altered or relocated as a result of proposed
artificial obstructions.
The Planning and Development Director shall review the application
material and make a recommendation to the Board of County Commissioners
concerning the merits of the proposed artificial obstruction.
The Harnett County Board of County Commissioners shall either grant
or deny a permit to place the proposed artificial obstruction in a flood -
way.
Every final decision granting or denying a permit under this ordinan
shall be subject to review by the Superior Court of Harnett County, with
the right of jury trial at the election of the party seeking review. The
tithe and manner of election of a jury trial shall be governed by G. S. lA
Rule 38 (b) of the Rules of Civil Procedure.
SECTIAN99. VIOLATIONS AND PENALTIES
Any violation of this ordinance, or of the provisions of any permit
issued under the authority of this ordinance, shall constitute a
misdemeanor.
Failure to remove any artificial obstruction, or enlargement or
replacement thereof, that violates this ordinance shall constitute a
separate violation of this ordinance for each ten days that such failure
continues after written notice from the Harnett County Board of Commissio
In addition to or inllieu of other remedies, the County Board may
institute any appropriate action or proceeding to restrain or prevent any
violation of this ordinance, or to require any person, firm, or corporati
which has committed any such violation to remove a violating obstruction
or restore the conditions existing before the placement of the obstructio
SECTION 10. ABROGATION AND GREATER RESTRICTIONS
No permit for the construction of any structure to be located within
a floodway shall be granted unless the applicant has first obtained the
permit required by this ordinance.
This ordinance is not intended to repeal, abrogate, or impare any
existing easements, covenants, or deed restrictions. However, where this
ordinance imposes greater restrictions, the provisions of this ordinance
shall prevail.
SECTION 11. EFFECTIVE DATE
This ordinance shall take effect and be in force from and after its
adoption by the Board of Commissioners of Harnett County this 19th day
of December, 1977.
e
ers.
n
PASSED AND ADOPTED
Clerk to the Board
Approved as to form and legal sufficiency.
CHILD SUPPORT ENFORCE-
-
MENT IV -D REPORT
County Attorney
Pat Cameron filed the Child Support Enforcement IV -D Rbport
with the County Commissioners for the period from Julyl, 197
through November 30, 1977. The Commissioners commended Mr.
Cameron for the fine work he had done with this program.
199
LEASE AGREEMENT Edward H. McCormick, County Attorney, presented the lease
McNEILS AND HARNETT agreement between the County Of Harnett and Warren McNeil
COUNTY and wife to the Board. Commissioner Stewart made a motion
that the Board adopfthe following resolution authorizing
Harnett County to lease a certain plot of land as described
in the lease agreement from the McNeils for a period of five
years for $500 (Five Hundred Dollars) and to have the option
to renew this lease for an additional five years under the
same conditions. Commissioner Shaw seconded tha motion and
the issue carried unanimously.
RESOLVED that the County of Harnett enter into a lease agreement in
standard with Warren McNeill and wife, Zula P. McNeill, for a container
site for waste disposal in Barbecue Township:
THAT the County pay $500 (Five Hundred Dollars) for a five -year
lease and be authorized to extend the same for an additional five -year
term at its option:
THAT the Chairman of the Board, Jesse Alphin, and Herbert D. Carson,
Jr., Clerk to the Board, be and they are hereby authorized to execute th
lease agreement on behalf of the County.
RESOLUTION RE: SR1105 & Commissioner Brock moved that the Board adopt the following
SR 1810 resolution requesting the N. C. Department of Transportation
to pave SR 1105 and SR 1810. Commissioner Stewart seconded
the motion and it passed unanimously.
WHEREAS, a previous letter from the Department of Transportation
advised the County Manager that the Transportation Department was unable
to obtain right -of -ways on SR 1562 and SR 2035, and
WHEREAS, an investigative report from the Department of Transportati
reveals that right -of -ways are not available on SR 1521 and SR 1563, and
WHEREAS, according to the priority shown on the paving priority
books, SR 1105 and SR 1810 are the next roads to be paved,
NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COM-
MISSIONERS THAT:
ANTI - RECESSION FUNDS
CODE 36 -100
1. The Department of Transportation be requested to expend a sum
of $65,000 (Sixty -five Thousand Dollars) to pave and STBC SR 1105,
from NC 24 to Dead End, 1.60 miles in length, and
2. The Department of Transportation be requested to expend a sum
of $10,000 (Ten Thousand Dollars) to grade, drain, STBC, and pave
SR 1810, from SR 1709 to SR 1834, 0.20 miles in length, and
3. The execution of this resolution will serve as official action
of the Harnett County Board of Commissioners in requesting that
SR 1810 and SR 1105 be paved.
Adopted this 19th day of December, 1977.
WHEREAS, the minutes of November 7, 1977, appropriated funds to
Code 36 -190, and
WHEREAS, this Code was set up for construction in the landfill opera
tion, and
WHEREAS, it has become known that said funds cannot be used for
construction on and after July 1, 1977,
THEREFORE, the Harnett County Board of Commissioners will hereby
appropriate said Anti- recession Funds to Code 36 -100 to be applied on
salaries for the landfill operation.
Enacted this 19th day of December, 1977.
Commissioner Brock introduced and moved that the Board ad
the foregoing resolution in which the Commissioners appropri
ate the Anti - recession Funds to Code 36 -100 to be applied
on salaries for the landfill operation. Commissioner Cotton
seconded the motion and the issue carried.
STATEMENT OF INVEST- Commissioner Brock presented the statement of investments
to the Board
MENTS
ANNUAL REPORT
The Harnett County Board of Commissioners presented the
Harnett County Annual Report to the people. This report
gives a detailed description of the operations and activitie
of the County to the citizens of Harnett County. Five
opt
LONGEVITY PAY FOR HARNETT
COUNTY
thousand cop =es -ot the report have been printed and are
being distributed to the counties in the state, to each
Chamber of Commerce, to other County? Boards of Commissioners
to various doctor offices, libraries, businesses, and to the
citizens of Harnett County. Anyone who wishes to obtain
a copy may do so by notifying the Mangger's office.
Commissioner Brock requested and made a motion that the
Board adopt a longevity pay plan for the Harnett County
employees which shall become effective December 31, 1977.
The County longevity program will be the same as the
state's. Commissioner Shaw seconded the motion and it
passed unanimously.
ADJOURNMENT The meeting adjourned at 10 p.m.
airman