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10161978274 HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, OCTOBER 16, 1978 The Harnett County Board of Commissioners met in regular session on Monday, October 16, 1978, in the Commissioners Room, County Office Building, Lillington, North Carolina, with the following members present: M. H. Brock, W. J. Cotton, Jr., Lloyd G. Stew- art, Bill Shaw, and Chairman Jesse Alphin presiding. H. D. Car- son, Jr., Clerk to the Board, and Edward H. McCormick, County Attorney, were absent. CALL TO ORDER Chairman Jesse Alphin called the meeting to order at 7:30 p.m. PRAYER Commissioner Bill Shaw led the evening prayer. WESTERN HARNETT Commissioner Stewart moved for the adoption of the following res WASTEWATER FACILITY olution regarding the Wastewater Facilities Plan for the Western PLAN Portion of Harnett County. Commissioner Shaw seconded the motto and it carried with a unanimous vote. WHEREAS, criteria for consideration of the Western Portion of Harnett County for future Environmental Protection Agency Grants for assistance in cost of planning and construction of wastewater is based upon development of a Faci- lities Plan for the area designated by the North Carolina Department of Natura Resources and Community Development, as a Facilities Planning Area and in whic case portions of Anderson Creek, Barbecue, and Johnsonville Townships are designated to be in the Facilities Planning Area; and WHEREAS, it is necessary to designate a governmental agency involved in the area to be the Applicant; NOW THEREFORE BE IT RESOLVED that the County of Harnett hereby accepts said appointment to act as Applicant for the designated Facilities Planning area. BE IT FURTHER RESOLVED that M. H. (Jack) Brock, County Manager and his successors be and is hereby designated as the official county representative for matters concerning wastewater planning for the County and that he is hereby instructed to secure and prepare such documentation as may be necessary from the County of Harnett for incorporation into the Wastewater Facilities Plan for the Area. BE IT FURTHER RESOLVED that Jesse Alphin, Chairman is hereby authorized and directed to execute engineering contracts with the Engineers, Moore, Gardner & Associates, Inc., for the preparation of a facilities plan. ENGINEERING AGREE- Commissioner Brock made a motion that the Harnett County Board o MENT -- MOORE, GARDNER Commissioners enter into the following agreement with Moore, Gar & ASSOCIATES. ner & Associates to provide engineering services to the County. Commissioner Cotton seconded the motion and it passed unanimousl This Agreement, made and entered into this 16th day of October, 1978, by and between the County of Harnett, North Carolina, a body politic duly organized and existing under the laws of the State of North Carolina, hereinafter referred to as the "County" and Moore, Gardner F, Associates, Inc., Consulting Engineers of Asheboro, North Carolina, hereinafter referred to as the "Engi- neers". - • THAT WHEREAS, the County desires to employ the Engineers to render engineering services to the County, and to advise the County on matters pertaining to various engineering problems and projects for all county departments and the Engineers have agreed to accept such employment; the said parties hereby mutu- ally agree as follows: 1. Engineering Services The Engineers agree to render to the County the professional engineering services required in connection with projects or other matters for which such services are deemed necessary by the County Manager. a. Make such field surveys, site investigations, laboratory analyses and studies as required to establish the basis of design of the project. b. Hold such conferences with representatives of the County, regulatory agenc es and others as may be necessary to obtain data for developing the projects to the best interest of the County. c. Determine the most feasible procedure for providing the project financing required. 275 d. Where applicable, provide preliminary plans for the proposed work, as requir for the preparation of estimate of costs, and a suitable report reflecting all aspects of the project or projects. e. Provide other services such as preparation of detailed construction plans an specifications, assist in securing approvals of involved state and federal agencies, receive bids, and make specific recommendations relative to award of construction contracts. f. During the construction phase, provide periodic and /or resident construction observation services, review shop drawings and payrolls, prepare periodic pa estimates and necessary reports and furnish record drawings to the County at project completion. 2. County's Responsibilities The County agrees to furnish to the Engineers the following items, when required, to place at the Engineers disposal sufficient data for a basis of design of the project or projects. a. Provide full information as to the County needs for the project. b. Assist the Engineer by placing at his disposal all available information pertinent to the project, including previous reports and any other data relative thereto. c Guarantee access to and make all provisions for the Engineer to enter upon public and private lands as required for the Engineer to perform his work under this Agreement. d. Examine all studies, reports, sketches, estimates, drawings, specifications, proposals, and other documents presented by the Engineer and render in writing decisions pertaining thereto within a reasonable time so as not to delay the work of the Engineer. e. Advertise for proposals from bidders and provide facilities for taking bids and pay all costs incidental thereto. f. Provide such legal, accounting and insurance counseling services as may be required for the project. g. Designate in writing a persons to act as the County's representative with respect to the work to he performed under this Agreement; and such person shall have complete authority to transmit instructions, receive information interpret and define County's policies and decisions with respect to mater- ials, equipment elements and systems pertinent to the work covered by this Agreement. h. Give prompt written notice to the Engineer whenever the County observes or otherwise becomes aware of any defect in the project. i. Furnish or direct the Engineer to provide at the County's expense, necessary additional services as stipulated in Article 3 of this Agreement, or other services as required. 3. Supplemental or Supporting Services When required for the proper development of a project or other matters where in engineering services are desired, the Engineers will, on authorization of the County, provide Supplemental Services and Supporting Services: a. For all departments of the County upon authorization in writing by the County Manager. b. For property surveys and maps for acquisition of property and /or ease- ments required for projects authorized by the County Manger. c. For Environmental Impact Studies. d. For planning when not a part of contractural agreement for specific projects. e. For operation and maintenance trainin for water and wastewater system personnel. f. For laboratory services when not a part of contractural agreement for specific projects. When such of the above work as may be authorized is performed by the Enginee then such work shall he invoiced to the County at a rate equal to 2.5 time actual total salaries expended in securing such data, plus reimbursement of actual costs expended and mileage at '0.17 per mile. Provision of Supple- mental or Supporting Services shall be considered a County responsibility as d 276 AMENDMENT- -CODE 74 -200 NURSING HOME COM- MUNITY ADVISORY COMMITTEE HUD FAIR HOUSING AGREEMENT SURPLUS PROPERTY COUNTY ELECTRICAL INSPECTOR -- ROBERT KIPFER indicated in Article 2, Sub- Articel (z). 4. Engineer's Compensation The Engineers' compensation for providing Engineering Services to the County under this Agreement shall be negotiated separately for each individual pro- ject as may be deemed appropriate by the County and the Engineers. This Agreement is to cover the Engineering Services on numerous individual projects or assignments. A supplement to this Agreement shall be executed by bothe parties establishing the amount of compensation for the authorized project or assignment in a lump sum, percentage of construction cost, or other manner as may be deemed appropriate. a. For furnishing Supplemental or Supporting Services for a specific assign- ment, the County may request said work by letter of authorization without execution of a supplement and shall pay the amount determined by condi- tions specified under Article 3 of this Agreement, based upon invoice for work performed to be submitted on a monthly basis. 5. Agreement between the County and the Engineers to the conditions outlined hereinbefore under Articles 1 through 4 inclusive, as indicated by authorized signatures attached shall make this document binding upon both parties. How- ever, both parties agree that this agreement may be terminated by either or both parties upon 60 days written notice to the other. 6. There are notunderstandings or agreements verbal or otherwise beyond the articles of agreement contained herein, unless effected by properly executed Amendment or Supplement to this Agreement. IN WITNESS WHEREOF, each of said parties has caused this Agreement to be executed in its name and on its behalf by its duly authorized officers, all by authority duly given by their respective governing bodies; and an executed copy thereof is retained by each of said parties:. Commissioner M. H. Brock made a motion that the Contingency Fund, Code 74 -200 be amended in the amount of $14,833. Commissioner Shaw seconded the motion and the issue carried. Commissioner Cotton made a motion that Juanita Height, Buies Creek; Erthelene Clar Shawtown; Clifton Alphin, Jr., Dunn; A. B. Johnson, Dunn; and Rudy Collins, Fuquay, be appointed to serve on the newly created Nursing Home Community Advisory Committee for Harnett County. Commissioner Stewart seconded the motion and the issue passed. Mr. James Lassiter, Director of Fair Housing and Equal Opportunity Employment Office, with HUD in Greensboro, North Carolina, appeared before the Board nad highly commended the Board of the adoption of the New Horizons Memorandum of Understanding between Harnett County and the Fair Housing Office at the regular Board meeting on October 2, 1978. Mr. Lassiter expressed HUD's appreciation to the Board for the attitude shown in Harnett County and stated that the adoption of this Memorandum of Understanding was a forward step in the betterment of housing in the County. Mr. Lassiter informed the Commissioners that Harnett County was the second county in the United States to adopt the Fair Housing Memo- randum. Commissioner Brock made a motion that the following described property be declared surplus property and sold at public auction on November 4, 1978, at 12 noon at the Harnett County Garage, Prison Camp Road, Lillington, North Carolina, and that the County reserve the right to reject any and all bids. Commissioner Shaw seconded the motion and it carried unanimously. 1974 Plymouth 1975 Plymouth 1975 Plymouth 1975 Plymouth 1975 Plymouth 1975 Plymouth 1963 Kaiser 1963 Willys 1964 Willys 1952 Willys Three (3) 4 Dr. A/C Serial No. 4 Dr. A/C Serial No. 4 Dr. A/C Serial No. 4 Dr. A/C Serial No. 4 Dr. A/C Serial No. 4 Dr. A/C Serial No. TK Serial No. Jeep Serial No. Jeep Serial No. Jeep Serial No. 100 lbs. Butane Gas PM 41N4D231246 PH 41U5D231585 PH 41U5D231586 PH 41U5D231584 PH 41U5D231587 PH 41U5D231583 10381 65375 10109 85671 -- To be sold as Junk Cylinders Commissioner Shaw made a motion that Robert Kipfer, Route 3, Cameron, North Carolina be appointed as the new electrical inspector for Western Harnett County. Commissioner Cotton seconded the motion and the issue carried. 277 APPOINTMENT JERRY CARR Commissioner W. J. Cotton, Jr., moved for the appointment of DUNN BOARD OF ADJUST- Jerry Carr to serve as an out -of -Town member on the City of MENT Dunn Board of Adjustment. Commissioner Lloyd G. Stewart seconded the motion and it carried with a unanimous vote. INCREASE OF SALARY Electrical Inspector For Schools DOT FIVE- OR SIX -DAY WORKWEEK ARNIVAL LICENSES RESCUE SERVICE FOR BUCKHORN AND HECTOR's CREEK TWSP. - -John McLean ADJOURNMENT Roy Godwin, Electrical Inspector for Harnett County Schools, submitted a written request for a salary increase of $15 for the Board's Consideration. Mr. Godwin stated in his letter that since the school electrical inspection was adopted in 1959 there has not been an increase in inspection fees. Com- missioner Cotton made a motion that Roy Godwin's salary be increased from $75 to $90 effective January 1, 1979, because of the new additions to the schools and the construction of the two new consolidated high schools. Commissioner Shaw seconded the motion and the issue carried. M. H. Brock, County Manager, presented a letter to the Board from Thomas W. Bradwhaw, Jr., Secretary for the Department of Transportation. This letter was the reply from the Department of Transportation concerning the Board of Commissioners support for a five- or six -day workweek for maintenance crews. Mr. Bradshaw stated that he was aware of the concerns and problems resulting from the four ten -hour workdays and that the results of this program would be reviewed for its effectiveness. He continued to state that if the program was proved not to be in the best interest of the public, it may be halted. Lee Pruitt and Jerry Morena appeared before the Board and Re- quested a license to operate a carnival on the property of Stacey's Restaurant located on Hwy 210 two miles from Bunnlevel Harnett County. Mr. Moreno presented a list of games and shows a list of the personnel operating the carnival, the insurance policy, and submitted the name of VFW Robert R. Miller Post 913 Spring Lake, North Carolina, as the sponsoring agent in order to comply with the Harnett County Carnival Ordinance which was adopted by the Board in July, 1972. Commissioner Cotton made a motion that Mr. Marino and Mr. Pruitt be granted a license to operate a carnival from October 30, to November 4, 1978, for a fee of $50 if all the provisions of the ordinance are met. Commissioner Shaw seconded the motion and stated that he hoped this would be a morally reputable carnival for children and families. The issue carried with a unanimous vote. John McLean appeared before the Board and requested a special tax be levied on the Buckhorn and Hector's Creek Townships and that the revenues from this levy be given to the Fuquay Volun- teer Rescue Squad. It was the informal action of the Board for the County Manager to arrange a meeting between the County Attorney and Mr. McLean to discuss what steps should be taken to create this special tax district. It would then be the responsibility of Mr. McLean and the citizens of Buckhorn and Hector's Creek Townships to take whatever action is necessary in order to create this district. The meeting adjourned at 9 p.m. La-17, Sec tary C.:irman Clerk