02021981HARNETT COUNTY BOARD OF COMMISSIONERS MEEETING, FEBRUARY 2, 1981
CALL TO ORDER
PRAYER
MINUTES APPROVED
DON DUPREE, DISTRICT
ENGINEER DOT
PETITION TO ABANDON
SR 1710
BUIES CREEK -COATS
SEWER PROJECT
The Harnett County Board of Commissioners met in regular ses-
sion on Monday, February 2, 1981, at 9 a.m. in the Commissioners
Room, County Office Building, Lillington, North Carolina, with
the following members present: Lloyd G. Stewart, M. H. Brock
Bill Shaw, Rudy Collins, and Chairman Jesse Alphin presiding.
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 9:20 a.m.
Commissioner Bill Shaw led the morning prayer.
The minutes from the Harnett County Board of Commissioners
meeting of January 19, 1981, were approved as read.
Don Dupree, District Engineer with the North Carolina Depart-
ment of'Transportation, appeared before the Board to discuss
road matters and situations in Harnett County.
Commissioner Brock informed the Board that he had received a
petition from the property owners on SR 1710 requesting that
this road be abandoned from the State System for Maintenance.
After a discussion of this matter, it was the decision of
the Board to delay any actions on SR 1710 until the County
could consult the county attorney regarding the legal require-
ments of abandoning a road from. the state system.
Roy Spainhour, Project Engineer with Moore, Gardner and
Associates, appeared before the Board and presented the follow-
ing resolution to the Commissioners authorizing Chairman
Jesse Alphin to execute application on behalf of the Buies
Creek -Coats Water and Sewer District with the State of North
Carolina for Clean Water Bonds in the amount of $148,613 and
with the federal agency, Farmers Home Administration, in the
amount of $3,037,000 (Federal Match - $2,888,337; State
Match - $148,613) for the construction of the Buies Creek -Coats
Sewer Project:
WHEREAS, The North Carolina Clean Water Bond Act of 1977 has autho-
rized the making of grants to aid eligible units of government in financing
the cost of construction of wastewater treatement works, wastewater
collection systems and water supply systems, and
WHEREAS, The Buies Creek -Coats Water and Sewer District has need for
and intends to construct a wastewater improvements project described
as Wastewater Collection System; and
WHEREAS, The Buies Creek -Coats Water and Sewer District intends to
request State grant assistance for the project,
NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COPaIISSIONERS OF
THE BUIES CREEK -COATS WATER AND SEWER DISTRICT:
That the Buies Creek -Coats Water and Sewer District will arrange
financing for all remaining costs of the project, if approved for a
State grant award.
That the Buies Creek -Coats Water and Sewer District will adopt
and place into effect on or before completion of the project a schedule
of fees and charges which will provide adequate funds for proper
operation, maintenance and administration of the system.
That the Buies Creek -Coats Water and Sewer District will provide
for efficient operation and maintenance of the project on completion of
construction thereof.
That Jesse Alphin, Chairman, and successors so titled, is hereby
authorized to execute and file an application on behalf of the Buies Creek -
Coats Water and Sewer District with the State of North Carolina for a
grant to aid in the construction of the project described above.
That Jesse Alphin, Chairman, and successors so titled, is hereby
authorized and directed to furnish such information as the appropriate
State agency may request in connection with such application of the project,
to make the assurances as contained above; and to execute such other
documents as may be required in connection with the application.
N ` d
r
ACTION
That the Buies Creek -Coats Water and Sewer District has substantially
complied or will substantially comply with all Federal, State, and local
laws, rules, regulations, and ordinance applicable to the project and to
Federal and State grants and loans pertaining thereto; and hereby authorized
the above designated representative to execute an affidavit so stating.
Following a discussion of this resolution, Commissioner Collins
moved for the adoption of the foregoing resolution, Commissioner
Brock seconded the motion and the issue carried with a unanimous
vote.
INDEMINITY AGREE- Edward H. McCormick, County Attorney, appeared before the
MENT BETWEEN WAKE Board and presented the following indemnity agreement between
AND HARNETT COUNTIES Wake County and Harnett County concerning the extension of
the Northeast Metropolitan Water Lines to the Harnett -Wake County
line. Commissioner Stewart made a motion that Jesse Alphin,
Chairman to the Board, and H. D. Carson, Jr., Clerk to the Board,
be and they are hereby authorized to execute the following
indemnity agreement. Commissioner Collins seconded the
motion and the issue carried.
THIS AGREEMENT, made this 2nd day of February, 1981, by and between
the COUNTY OF WAKE, a governmental subdivision of the State of North Carolina,
with offices in Raleigh, North Carolina, indemnitor, hereinafter called
WAKE COUNTY, and the COUNTY OF HARNETT, a governmental subdivision of the
State of North Carolina, with offices in the County Office Building, Lillington,
North Carolina, indemnitee, hereinafter called HARNETT COUNTY.
W I T N E S S E T H
WHEREAS, HARNETT COUNTY leases and operates a water production and
distribution system under a forty -year lease that grants it the option to
purchase the system; and
WHEREAS, HARNETT COUNTY hasbeen requested to extend its distribution
lines to the Harnett -Wake County line at a point where the County line
intersects North Carolina Highway No. 55 North of Angier, North Carolina,
and to make necessary modifications to its system so as to furnish water to
WAKE COUNTY: and
WHEREAS, WAKE COUNTY desires to purchase water from HARNETT COUNTY
for the use of its citzens, including but not limited to those located in the
Towns of Apex, Cary, Garner, Holly Springs, Fuquay - Varina, and Morrisville;
and
WHEREAS, it is the intention of WAKE COUNTY and HARNETT COUNTY to study
the feasibility of entering into a water purchase contract under which
HARNETT COUNTY would agree to sell and WAKE COUNTY or other appropriate
entity would agree to buy certain quantities of water; and
WHEREAS, certain terms of said contract are executory and cannot be
made certain without the employment of an engineering firm to make necessary
studies of costs and the employment of attorneys to include both local
counsel and bond counsel; and
WHEREAS, WAKE COUNTY desire that HARNETT COUNTY employ an engineering
firm to make said studies at this time and employ local counsel and necessary
bond attorneys to study the feasibility of financing through revenue bonds;
and
WHEREAS, said engineering services and attorneys' fees will cost
HARNETT COUNTY approximately $110,000; and
WHEREAS, said water purchase contract cannot be made binding on the
parties thereto until the terms thereof can be made certain;
NOW, THEREFORE, in consideration of HARNETT COUNTY'S promise to employ
an engineering firm and necessary attorneys as set forth above, WAKE COUNTY
hereby agrees for itself, its successors and assigns, to at all time idemnify
HARNETT COUNTY, its successors and assigns against any and all project costs
or expenses incurred not to exceed $110,000.00 for engineering services,
services by local counsel and bond attorneys and other necessary expenditures,
as set forth above by HARNETT COUNTY, should the water purchase contract
contemplated by the parties not be executed for any reason other than failure
on the party of HARNETT COUNTY to enter into good faith negotiations to
consummate the proposed water contract.
In consideration of WAKE COUNTY'S promise to idemnify it from costs as
set forth above, HARNETT COUNTY, on behalf of itself, its successors and
assigns, hereby agrees to employ an engineering firm and necessary legal
counsel to provide the necessary services heretofore described.
e0
APPLICATION TO
FmHA FOR WAKE -
HARNETT WATER
PROJECT
CHAIRMAN AUTHORIZED
TO SIGN DOCUMENTS
RELATING TO WAKE -
COUNTY WATER PROJECT
IN WITNESS WHEREOF, the parties have executed this agreement at
Lillington, the day and year first written above.
COUNTY OF HARNETT
BY: s /Jesse Alphin
Chairman
Roy Spainhour, Project Engineer with Moore, Gardner and Associates
appeared before the Board and presented an application to the
Commissioners requesting federal assistance from Farmers Home
Administration in the amount of $3,710,000 for the extension
of the Northeast Metropolitan Water Line to the Wake - Harnett
County Line. Commissioner Collins made a motion that Jesse
Alphin, Chairman to the Board, be and he is hereby authorized to
execute the application contingent upon the receipt of an
executed copy of the Indemnity Agreement between Wake County
and Harnett County from the Wake County Board of Commissioners.
Commissioner Brock seconded the motion and the issue carried.
Commissioner Brock made a motion that Jesse Alphin, Chairman of
the Board, be and he is hereby authorized to execute the applica-
tion on behalf of the project for the extension of the Northeast
Metropolitan Water District to Wake- Harnett County Line and to
execute other documents as may be required in connection with the
application. Commissioner Collins seconded the motion and the
issue carried.
SHADY LANE SUBDIVI- Commissioner Shaw made a motion that the plat for Shady Lane
SION Subdivision, Phase I, owned by Benny Ray Stephenson located
in Averasboro Township be approved. Commissioner Collins seconded
the motion and it carred.
AMENDMENT TO
SHERIFF'S BUDGET
OR VEHICLES
LBERT GREGORY
ANDICAPPED PERSONS
AX SUPERVISOR
Commissioner Brock made a motion that the Sheriff's. Budget,
Code 10- 510 -74, Capital Outlay, be increased by $84,400 to
purchase eleven vehicles. Commissioner Stewart seconded the
motion and it carried.
Mr. Albert Gregory appeared before the Board and expressed his
concerns regarding the needs of the handicapped persons residing
in Harnett County. Mr. Gregory informed the Board that there
are between 1,500 to 2,000 handicapped persons in Harnett County,
and he would like for the Board to consider appropriating
additional funds to provide more services to the handicapped.
He said he would like to see the Workshop more centrally located
in the County so it would not be so far for some of the clients
to travel, and also he would like to see some type of industrial
training center established for the handicapped. Mr. Gregory
stated that he realized the County had a lot of obligations, and
he just wanted them to do what they could for the handicapped.
The Board expressed its appreciation to Mr. Gregory for coming
and informing the Commissioners of the needs of the handicapped.
The Board commended Mr. Gregory on the time and efforts he had
devoted to the Workshop and to the handicapped citizens of Harnett
County.
Thomas Allen, Tax Supervisor, appeared before the Board and
requested the following:
1. Refund to J. R.& Gracie Burnette, Averasboro Township, in the
amount of $18.15 for an error in listing more acreage than
recorded in the deed.
2. Refund to Roland M. Edson, Upper Little River Township, in the
amount of $40.16 for listing a 1977 Dodge Van.
3. Refund to S. D. Stone Heirs, Averasboro Township, in the amoun
of $30.30 for the difference in clear land and woodland on.
7 3/4 acres.
4. Refund to Jackie J. Pate and Betty J. Davis, Averasboro
Township, in the amount of $66.75, exemption for the elderly
with limited income.
5. Refund to Mary Cone Parker, Averasboro Township, in the amount
of $71.25 for exemption for the elderly.
6. Refund to J. D. Currin, Black River Township, in the amount of
$163.60, application for land use had been turned in but had
not been applied to his tax records.
ACTION
TAX COLLECTOR'S
REPORT
RESOLUTION AUTHORIZ-
ING TAX COLLECTOR
TO ADVERTISE FOR
SALE ALL LIENS
7. Refund to Wiley S. Currin, Black River Township, in the
amount of $206.75, application for land use had been turned
in but had not been applied to tax records.
8. Refund to Carl E. & Mildred West, Lillington Township, in
the amount of $39.61 erroneously listed in Summerville Fire
District.
9. Release to Cathryn McRae, Upper Little River Township, in
the amount of $57.73, exemption for the elderly with limited
income.
10. Release to J. D. & Callie Adcox, Averasboro Township, in
the amount of $71.25, exemption for the elderly with
limited income.
11. Release to Anne B. Shaw, Stewart's Creek Township, in the
amount of $78, exemption for the elderly with limited in-
come.
12. Release to A. L. & Lucy Baker, Upper Little River Township,
in the amount of $66.75, exemption for the elderly with
limited income.
13. Release to William P. Ore, Neill's Creek Township, in the
amount of $76.50, exemption for the elderly with limited
income.
14. Release to S. J. & Effie M. Prince, Upper Little River
Township, in the amount of $63.72, exemption for the elderly
with limited income.
Commissioner Collins made a motion that the aforemention releases
and refunds be approved. Commissioner Stewart seconded the
motion and the issue carried.
Earl Jones, Tax Collector, appeared before the Board and
reported on the activities of his department for the month
of January, 1981, and his plans for the month of February, 1981
Commissioner Shaw made a motion that the following resolution.
Commissioner Collins seconded the motion and it carried.
Be it resolved that, Pursuant to the authority vested in this
Board by Section 105 -369 of the General Statutes of North Carolina,
W. Earl Jones, Tax Collector, is hereby ordered to advertise for sale
according to law and to sell all liens for 1980 taxes then existing
on real property at the Courthouse door on May 4, 1981 beginning at
10:00 A.M.
Respectfully submitted this the 2nd day of Februaru 1981,
W. Earl Jones,
Tax Collector.
TAX ATTORNEY'S REPORT The following Tax Attorney's report was filed with the Board.
SUITS COLLECTED, DISMISSALS, CANCELLATIONS, AND EXPENSES:
Amount
Names Suit No. Coll.
Averasboro Township:
Murray Gerald
Dempsey Smith, Sr.
Bertha D. Tew
T. Melvin Johnson
Duke Township:
Mrs. Macy Moore
80 -CVD -1083 166.39
77 -CVD -0877 2,087.38
No suit started 667.63
77 -CVD -888 10,516.67
78 -CVD -800
Correction of Fee reported January 1981:
Abraham Cameron 79- CVD -547
Attorney fee ordered by Court $100.00
Commissioner's fee ordered by court 45.00
Less Amounts paid by County:
Advance
January 1981 statement
Balance due
Total $145.00
10.00
113.00
Attorney's
Fees
55.00
46.70
15.00
526.00
253.58 40.00
22.00
EXPENSES
U. S. Post Office:
Patrick and Pok Ye Fugate
80 -CVD -878 - Certified marl
$13,696.65 $ 709.10
Less amounts paid by Clerk of Court in T. Melvin Johnson
case
526.00
Balance due
$ 183.10
ADJOURNMENT There being no further business, the Harnett County Board of Commis -
sioners meeting of February 2, 1981, duly adjourned at 12 noon.
airman