01211992
522
HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 21, 1992
The Harnett County Board of Commissioners met in regular session on
Tuesday, January 21, 1992, in the Commissioners Meeting Room, County
Office Building, Lillington, North Carolina, with the following
members present: Mack Reid Hudson, Bill Shaw, Walt Titchener,
Beatrice Bailey Hill, and Chairman Lloyd G. Stewart presiding. Others
present were Dallas H. Pope, County Manager; W. Glenn Johnson, County
Attorney; Vanessa W. Young, Finance Officer and Clerk to the Board;
and Kay S. Blanchard, Recording Secretary.
CALL TO ORDER Chairman Stewart called the meeting to order at 7 p.m. and
Commissioner Titchener led the group in the pledge to the flag and a
MOMENT OF SILENCE IN moment of silence in memory of Mr. Whit Bradham, Associate
MEMORY OF WHIT BRADHA.t\1 Superintendent, Harnett County Schools, who had passed away Tuesday
morning.
Commissioner Titchener mcved for a::;>proval of requests to be placed on
the agenda ~rom 2 adcitic~al ?eo~le, Commissioner Hill seconded the
motio~ a~d i~ ?as~s~ wit: a u~an~mous vote.
COffi.'"J':' s 5 i one~ ~ i. tc:'.e:-le:: ~(7ed that agenri3 1tem concerning school
wastewa~er ?~~~ect ~or Hc,rnett Central High School and Harnett Central
Middle School be moved ~p on the agenda to be considered immediately
following comments from (;itizens. Commissioner Hill seconded the
motion and it passed with a unanimous vote.
CONSENT AGENDA Upon motion made by Commissioner Hill and seconded by Commissioner
APPROVED Shaw, the Board voted unanimously to approve the following items from
the Consent Agenda:
- Minutes of the regular meeting, January 6, 1992 , and
reconvened meeting, January 8, 1992
BUDGET AMENDMENTS - Budget Amendments:
Governinq Body
Code 10-4100-005 FICA Tax Expense $3,260. increase
Revenue: 10-3990-000 Fund Ba:ance Appropriated 3,260. increase
Public Utilities (So\!th Cer.tral)
Code 34-9a03-20( Professional Services 25,000. increase
~.eve.:ue : :(-3:9Z<)Ll Unappropriated Fund
Bal~~ce-South Central' 25,000. increase
Public Utilities (Northwest)
Coce 36-9005-073 Capital Outlay - Other
Improvements 1,700. increase
Revenue: 36-3990-005 Unappropriated Fund
Balanc~-~0rthwest 1,700. increase
Commissioner Titchener moved for approval ~f the following budget
amendment for Social Services:
Code 10-7700-002 Salaries & Wages 2,040. decrease
10-7700-003 Salaries & Wages (part-time) 2,040. increase
Commissioner Hudson seconded the motion and it passed with a unanimous
vote.
Commissioner Hudson moved that a Department of Social Serivces request
for a budget amendment for Public Assistance be tabled. Commissioner
Titchener seconded the motion and it passed with a unanimous vote.
COMMENTS CONCERNING The, following people provided comments concerning the Cape Fear
CAPE FEAR WASTEWATER ~6g10~~: W~s~7water Syste~ ?roject: Sol Kozma, Willis B. Harvey, Joe
SYSTEM PROJECT ~-.~,~',:',~ _ .:':. -:-:_ ,IV'=-::-~.':~~~:'. '. Ler'nJ~:~ ..~:' .:k 0' M~=c Tunstall, Marcelle Brown,
· -. ,-~s J .~.. f-'..' ~ C F't h tt d '11'
-,---... - u._...,., ~'--' .. -, -:. ...",_,(,_ -'ir.. 1 c e e, an Wl lS Brown.
MOTION Tt~T LETTER Cc~~issi.G~e~ Titc~a~a: rr.ede a motion that a letter to Commissioner
BE MADE PART OF MIN. Ti'ccr.en&r ~rom Mr. ~obert M. 3igh, dated January 17, 1992, be made a
(ATTACH. 1.) part of the minutes of this meeting. Commissioner Hill seconded the
motion and it passed with a unanimous vote. The letter is copied in
full at the end of these minutes as Attachment 1.
MOTION TO TERMINATE Commissioner Titchener moved for the termination of the gravity flow
PROJECT FOR WW LINE wastewater line project to support Harnett Central High School and
TO SCHOOLS Harnett Cent:al Mi~dle ~chool.as approved by the Board on September
24, 1991, sald proJect lnvolvlng a force main and pump station along
SR 1403, then a gravity flow line from the school area down to a point
523
intercepting west Buies Creek Stream; and that the Board of Education
force main wastewater project be designated to provide the needed
wastewater service for Harnett Central High School and Harnett Central
Middle School. Commissioner Hudson seconded the motion and it passed
with a unanimous vote.
PUBLIC HEARING RE: Chairman Stewart called to order a public hearing on application for
ZONING CHANGE APPLI. zoning change for J.D. Ashworth, from Commercial Zoning District to
J.D. ASHWORTH RA-30 Zoning District, Upper Little River Township, SR 1274,
approximately 35.8 acres. George Jackson, Planning Director,
REQUEST APPROVED presented the application and briefed the group that the purpose of
the public hearing was to obtain comments from the public concerning
the zoning change application. Chairman Stewart opened the meeting
for public comments. No comments were offered and Chairman Stewart
closed the public hearing. Mr. Jackson presented the application for
consideration by ~he Board. The Planning BOard recommended approval
of the zoni~g cha~ge request. Commissioner Hill moved for approval of
~he zonin~ change ~equest for J.D. Ashworth. Commissioner Shaw
::~C0::1L9_. ~::,e cotion and i": pass.a~ with a unanimous vote.
BYLAWS & APPOINTMENT ':::~'1a:::"'es WL..son, ':haL:-man, Anderson Creek Senior Center Advisory
OF NEW MEMBERS APPROVED Commi t tee, presented for the 3oard's consideration proposed bylaws for
FOR ANDERSON CREEK the Anderson Creek Senior Ce~ter Advisory Committee and requested
SENIOR CENTER ADVISORY appointment of four new membars to the committee. Commissioner Shaw
COMMITTEE moved for approval of the bylaws for the Anderson Creek Senior Center
Advisory Committee. Commissioner Hill seconded the motion and it
passed with a unanimous vote. Commissioner Titchener moved for
appointment of the following personnel to the committee for a
four-year term to expire January, 1996. Commiss'ioner Hill seconded
the motion and it passed with a unanimous vote.
1. Bertha Kinton, Rt. 2, Lillington, NC 27546
2. Jean Burgess, Rt. 2, Linden, NC 28356
3. George Burgess, Rt. 2, Lillington, NC 27546
4. Flora Brown, Rt. 1, Bunnlevel, NC 28323
REQUEST TO ESTABLISH Duane Rowe, President, Anderson Creek Volunteer Fire & Rescue,
made a presentation to t~e Board to establish a county wide dive team.
COUNTY-WIDE DIVE TEAM After presentation, the 3oa~~ discussed the proposed county wide dive
team and ir.dicated tt.at requast ~or funding to support the proposed
T.eam wo:..:d ~:.p c :-,lsidereG. du~ing the budget cycle for F. Y. 92-93.
SOUTHEAST W & S DIST. .;':'~~ M. ?~e19S" ~I, Public ~tilities Attorney, presented for the
MEETING Soa=~'~ ~on3~"~~~~~~;~ Bf~~~~~ i~their capacity as governing body of
~h~ Bout~eagt W~~e= and 5ewer~istrict, a resolution approving plans
and specific~~io~s for water distribution system. Commissioner Hudson
moved for adoption of the resolution. Commissioner Hill seconded the
motion and it passed with a unanimous vote. The resolution is copied
in full at the end of these minutes as Attachment 2.
REQUEST FROM H. C. Dallas H. Pope, County Manager, presented a request from the Harnett
DRAINAGE DISTRICT County Drainage District Number One concerning a loan from Harnett
County in support of the Harnett County Drainage District for Farmer's
Home Administration note payment. Commissioner Titchener made a
motion to approve enough funding to bring their books to 0 (about
$4,000). Commissioner Hill seconded the motion. The motion failed
with the following vote: 2 Ayes, 3 Noes, o Absent. After discussion,
the Board advised that members of the Drainage District be invited to
the Board of Commissioners meeting to be held on February 17, 1992, to
further discuss their request.
RESOLUTION RE: D,a:las H. Pope, County M~nager, presented for the Board's
MASTER PLAN PROJECT considera~io~ a resolution regarding procurement of architectural
s€::-vicaE !M3s~er Pl~n Project). Commissioner Shaw moved for adoption
of ~~e ~esola~~on< ~ow~iss~~~e~ Titchener seconded the motion and
it passed wit~ a ~r3nimous vo~e. The resolution is copied in full at
the e~d of these minu~es as Attachment 3.
AGREEMENT WITH Dallas H. Pope, County Manager, presented for the Board's
D.M.G. FOR COST STUDY consideration an agreement proposal from David M. Griffith &
ON EXCISE TAX Associates, Ltd. for services involving cost study on excise tax on
real estate conveyances. Commissioner Hudson moved for approval of
the proposed agreement. Commissioner Shaw seconded the motion and it
passed with a unanimous vote.
REQUESTS FOR SURPLUS Consideration of three requests for intergovernmental transfer of a
AMBULANCE county surplus ambulance was tabled until the February 3, 1992,
meeting.
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REPORTS Reports for' the month of December were filed with the Board from the
following departments: Social Services, Planning Department, Health
Department, and the Fire Marshal's Office. A report of
Intra-Departmental Budget Amendments was also filed with the Board and
is copied in full at t~e end of these miryutes as+~t~ment 4.
tOYJ'l1'l1. ,)5j 1>1'> "'I'" il\ mC4ie. A- l'>1.D c-, ih t \ OCt.......d" Infp fl)tecli:. lore.. .
session to ~iscuss personnet Jta ~egal~matters. Co SSloner Shaw
EXECUTIVE SESSION seconded the motion and it passed with a unanimous vote.
Commissioner Hill made a motion that the Board come out of executive
session. Commissio~er Shdw seconded the motion and it passed with a
unanimous vo'Ce.
Dallas H. Pope, County Mqnager, presented for the Board's
consideration a request from Mr. Staley Smith for road easement
across the edge of county property. The Board instructed the county
manager to advise Mr. Smi~h that the Board would consider the request
if appropriate legal action could be worked out with the county
attorney and that it would be appropriate to have his attorney contact
the county attorney for further discussion and evaluation of his
request.
MS. M.P. RIZZON APP'T Commissioner Titchener moved for the appointment of Ms. M. P. Rizzo,
TO NURSING HOME ADV.
COMMITTEE 904 West Pearsall Street, Dunn, North Carolina, to the Nursing Home
Advisory Committee for a three-year term to expire 12-31-94.
Commissioner Hill seconded the motion and it passed with a unanimous
vote.
MOTION TO ESTABLISH Commissioner Titchener made a motion that the Board establish a 30
30 MIN. PERIOD FOR minute period at the beginning of regular Board of Commissioners
INFORMAL PUBLIC Cm1r'1ENTS meetings for informal public comments. Commissioner Hill seconded the
motion and it passed with a unanimous vote.
ADJOURNMENT There ~ein; ~o fart~er ~:siness, the Harnett County Board of
Commiss~or.er5 meeti~~, January 21, 19~.2, duly adjourned at 11 p.m.
L~tLd? .~
~~ 'i ~ · ~JQ J Jvv-<C
Vanessa W. Young, Clerk 0 the Uoard
--.1{/JL~. i. &a..J/A t' .A fJ.)7 d
Kay S. Blancha~d, Recording Secretary
525
A TT ACHMENT 1.
.-. ~tatc (@f ~nrt~ <!larnHtta
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fJir. f 3 ~\
'. ~ ~epartmettt @f ~tate '(I!reasurer
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HARLAN E, BOYLES State and Local GOl'ernment Finance Dil'ision ROBERT M, HIGH
TREASl:RER and the Local GOl'ernment Commission DEPl:T\' TREASL:RER
January 17. 1992
Mr. Walt Titchener. Commissioner
Harnett County
Post Office Box 1304
Dunn. North Carolina 28335
Dear Mr. Titchener: I
A revolving loan application for a proposed wastewater
treatment project for Harnett County was received by our
office on May 31, 1991. Since the filing, Janice Burke met
with John Phelps. Attorney, and Rodney Tart. a Harnett
County employee. to discuss the project and the opposition
by Campbell University officials and other residents.
Because of the apparent intensity of the opposition within
the community, Ms. Burke told Mr. Phelps and Mr. Tart it was
inadvisable to present this project to the Local Government
Commission until an agreement between the parties had been
reached. Debt under the revolving loan program is normally
secured by user charges and does not require a vote of the
people, therefore, the staff is reluctant to present to the
Commission non-voted projects having significant opposition.
The application remains in our pending file.
A local government expending funds on a project
expecting to be reimbursed through a future financing that
has not received the approval of the Local Government
Commission (LGC) is taking a risk. Our advice '~ould be not
to proceed without LGC approval unless monies are available
that would not necessarily have to be replenished by a
future financing. I do not believe the pre-expenditure of
funds on a project would influence the position of the Local
Government Commission.
Prior to the signing of any contract and the
expenditure of funds. local government officials must adhere
to G.S. 159-28 that requires an adopted budget and
sufficient unencumbered approp~iations. This statute holds
the local government officials or their sureties legally
liable for any sums disbursed without an authorized
appropriation.
I hope this information is helpful to you in your
upcoming discussions. If you have other questions do not
hesitate to call me.
Sincerely.
~7n'rIj1
Robert M. High
cc: The Honorable Harlan E. Boyles
The Honorable Betsy Y. Justus
The Honorable Rufus L. Edmisten
The Honorable Edward Renfrow
John M. Phelps, II, Esq.
526
ATTACHMENT 2.
RESOLUTION APPROVING PLANS AND SPECIFICATIONS
FOR CONSTRUCTION OF WATER DISTRIBUTION SYSTEM
SOUTHEAST WATER AND SEWER DISTRICT OF HARNETT COUNTY
THAT WHEREAS, the Board of Commissioners of the County of
Harnett, sitting as the governing body of Southeast Water and Sewer
District of Harnett County (hereinafter sometimes referred to as
the "Board" ) desires to proceed with the necessary steps to
implement construction of a water distribution system in said
Distric't; and
WhJ:."EA5 , the L:.s,;;:l.c-= s enginee~ has submitted plans and
specif L::ations to the District for the said water distribution
system; and
WHEREAS, for and in behalf of the District, the Harnett County
Department of Public Utilities has reviewed said plans and
specifications, and reports that the same are acceptable, and now
recommends that said plans and specifications be approved by the
Board; and
WHEREAS, the Board now desires to approve the said plans and
specifications.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners
of the County of Harnett, sitting as the governing body of
Southeast Water and Sewer District of Harnett County, that:
Th~ plans and specifications for the water distribution system
of Southeast Water and Sewer District of Harnett County submitted
to said District by the District's engineer, designated as Marziano
& Minier Job Number 91028 and dated November 27, 1991 shall be and
are hereby approved, subject to any minor changes necessary to
implement construction of said water distribution system.
Duly adopted this 21 day of January, 1992, upon motion made
by Commissioner Hudson seconded by Commissioner
Hill and adopted by the following vote:
Ayes 5 Noes 0 Absent 0
Board of Commissioners of the
County of Harnett, sitting
as the governing body of
Southeast Water and Sewer
DiS~ Harnett C~unty
Bv ~~-
. r..j.oYrr/ G . Stewart, Chairman
;r~cuJ.
Vanessa w. Young~ the
Board and of Souto ast
Water and Sewer District of
Harnett County
527
ATTACHMENT 3.
RESOLUTION REGARDING
PROCUREMENT OF ARCHITECTURAL SERVICES
(MASTER PLAN PROJECT)
I THAT WHEREAS, the County of Harnett, in cooperation with the
Harnett County Architectural Committee, desires to retain an
architectural/engineering firm to develop a master plan study and
master plan for the County's proposed Governmental Complex; and
WHEREAS, the Board of Commissioners of the County of Harnett
(hereinafter sometimes referred to as the "Board") desires to
employ an architectural/engineering firm which is competent and
qualified to provide the services required, but finds that in order
to obtain the best pricing available and to hold costs at a
minimum, it is of the utmost importance to consider the expense of
obtaining said services in the selection process; and
WHEREAS, the Board is aware of the declaration of public
policy regarding selection of architects and engineers as expres~ed
in N.C. Gen. Stat. S143-64.3l et.seq.; and
WHEREAS, while such statutes generally do not provide for the
consideration of the amount of professional fees in the selection
process, N.C. Gen. Stat. S143-64.32 authorizes units of local
government to exempt particular projects from the provisions of
N.C. Gen. Stat. Sl43-64.3l in the sole discretion of the unit of
local government, stating the reasons therefor and the
circumstances attendant thereto; and
WH~REAS, the Board desires to exempt the selection process
with respect to the firm to provide the above described services
from said provisions as is hereinafter provided.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners
of the County of Harnett that:
1. Pursuant to N. C. Gen. Stat. S143-64. 32, the selection
process with respect to the architectural/engineering firm to
develop a master plan study and master plan for the County's
proposed Governmental Complex shall be and hereby is declared
exempt from the provisions of Article 3D, Chapter. 143 of the
General Statutes of North Carolina (N.C. Gen. Stat. S143-64.3l et
saq. )
2. The following reasons therefor and the circumstances
attendaLt thereto are stated:
a. Due to the desire of the County to
obtain the best pricing available
and to hold costs at a minimum, the
Board finds that it is vital that
the expense of the architectural/
engineering services desired be
studied in the County's and in the
referenced Committee's evaluation
process.
b. The Board desires to procure the
appropriate services as described
pursuant to the least costly
procedure available.
3. The appropriate officers, agents and representatives of
the County are hereby directed to take such actions as are
required to effectuate the intent of this Resolution.
-~-
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Duly adopted this 21 day of January, 1992, upon motion made
by Commissioner Shaw , seconded by commissioner
Titchener and adopted by the following vote: 1
Ayes 5 Noes 0 Absent 0
Board of Commissioners of
the County of Harnett
~ /~t~rman
Atrt:
"\~ crAJ, y~
Vanessa W. Young U
Clerk of the Board
ATTACHMENT 4.
INTRA-DEPARTMENTAL BUDGET AMENDMENTS
FOR THE MONTH ENDING
DECEMBER 31, 1991
DEPARTHENT INCREASE
DATE ACCOUN~ CODE DESCRIPTION (DECREASE)
07-03-91 Administration
10-4200-033 Materials & Supplies (100)
10-4200-053 Dues & SUbscriptions 100.
07-11-91 RSVP & Sr. Citizens
10-7720-002 Salaries & Wages 336.
10-7720-003 Salaries & Wages-Part-time (353)
10-7720-007 Retirement Expense 17.
07-11-91 Emergency Services
10-5300-053 Dues & Subscriptions 153.
10-5300-057 Miscellaneouse Expense (153 )
07-22-91 Administration
10-4200-053 Dues & Subscriptions 40.
10-4200-057 Miscellaneous Expense (40)
07-23-91 Register of Deeds
10-4800-002 Salaries & Wages (714 )
10-4800-003 Salaries & Wages-Part-time 714.
07-24-91 Board of Elections
10-4300-012 Printing & Binding (400)
10-4300-045 Contracted Services 400.
08-01-91 Emergency 1.led. Servo
10-5400-046 Medical Supplies & Drugs (500)
10-5400-057 Miscellaneous Expenses 500.
08-01-91 Governing Body
10-4100-053 Dues & Subscriptions 32.
10-4100-057 Miscellaneous Expense (32 )
08-12-91 Governing Body
10-4100-004 Professional Services (1000)
10-4100-053 Dues & Subscriptions 1000.
08-26-91 Governing Body
10-4100-053 Dues & Subscriptions 220.
10-4100-057 Miscellaneous Expense (220)
09-11-91 Procurement/Veh Mnt
10-5550-033 Materials & Supplies 150.
10-5550-074 Capital Outlay - Equipment (150)
529
09-13-91 Parks & Recreation
10-8200-033 Materials & Supplies (300)
10-8200-016 Maintenance & Repair - Equip. 300.
1
09-24-91 Youth Services
10-7730-016 Maintenance & Repair-Equipment 160.
10-7730-047 Food & Provisions (160)
10-28-91 Emerg. Servo Dept.
10-5300-026 Advertising 800.
10-5300-031 Automotive Supplies (800)
11-07-91 Youth Services
10-7730-012 Printing & Binding (69)
10-7730-026 Advertising 69.
11-22-91 Industrial Dev. Comm
10-7250-026 Advertising 433.
10-7250-076 Industry APpreciation Day (433)
11-25-91 Emerg. Servo Dept.
10-5300-031 Automotive Supplies (400)
10-5300-033 Materials & Supplies 400.
12-11-91 Industrial Develpmt
10-7250-026 Advertising 145.
10-7250-068 Board Members ( 145)
12-30-91 Governing Body
10-4100-0571 County Awards 310.
10-4100-163 Stormwater Permit (310)