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HomeMy WebLinkAbout01021990 95 HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 2, 1990 The Harnett County Board of Commissioners met in regular session on Tuesday, January 2, 1990 , in the County Office Building, Lillington, North Carolina, with the following members present: Rudy Collins, Bill Shaw, Mack Reid Hudson, Mayo Smith, and Chairman Lloyd G. stewart presiding. Others present were Dallas H. Pope, County Manager; W. Glenn Johnson, County Attorney; I Vanessa W. Young, Clerk to the Board; and Kay S. Blanchard, Recording Secre- tary. Chairman Stewart called the meeting to order at 9 a.m. , Commissioner Smith offered the invocation. Commissioner Smith moved for the approval of the minutes of the regular meeting, December 4, 1989, and special meeting, December 18, 1989. Commis- sioner Hudson seconded the motion and it passed with a unanimous vote. DOT Ray Stone, Highway Maintenance Engineer, North Carolina Department of Trans- portation, appeared before the Board to discuss road matters and situations in Harnett County. PETITION ON W. Glenn Johnson, County Attorney, briefed the Board on petition requesting HWY. 87 DEBRIS removal of unsightly debris at location on Highway 87. The Board requested the County Attorney to pursue avenues to solve problem. WATERWAY MARKERS W. Glenn Johnson, County Attorney, presented a resolution concerning waterway FOR CAROLINA LAKES markers at Carolina Lakes. Commissioner Shaw moved for the adoption of the resolution. Commissioner Collins seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated January 2, 1990, as document no. lo SHORTAGE OF PUBLIC Patricia McKee, R.N., Health Department, briefed the the Board on shortage of HEALTH NURSES public health nurses and requested increase in nurses' salaries. Additional comments involving this matter were presented by C. Reid Ross, Chairman of Harnett County Health Board, and Marianna Shaw, School Health Nurse. CBA FUNDING Terri McGowen, 4-H Agent, Agricultural Extension, presented a grant proposal PROPOSAL for CBA funding. Commissioner Shaw moved for the approval of the application I for CBA funding. Commissioner Smith seconded the motion and it passed with a unanimous vote. FINANCE OFFICE Vanessa W. Young, Finance Officer, requested approval to dispose of records in RECORDS DISPOSAL the Finance Office. Commissioner Smith made a motion to approve request for disposal of the Finance Office records listed below, in accordance with the provisions of Chapters 121 and 132 of the North Carolina General Statutes and as listed in Records Disposition Schedule issued by the North Carolina Divi- sion of Archives and History and adopted by the County of Harnett. Commis- sioner Collins seconded the motion and it passed with a unanimous vote. 1. Payroll Reports: Employees Master Record County Payroll Register 1986 Summer Job Payroll Register 1986 Water Fund Accrual Register 1987 County Accrual Register 1987 Summer Job Payroll Register 1987 County Payroll Register 1987 2. Payroll Tax Withholding Certificates 1977 - 1984 RESOLUTION OF Carla Stephens, Planning Director, presented for consideration a resolution of APPRE. FOR THOMAS appreciation to Thomas Farrar, Planning Board member. Commissioner Hudson FARRAR moved for the adoption of the resolution. Commissioner Smith seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated January 2, 1990, as document no. 2. RESOLUTION OF Carla Stephens, Planning Director, presented for consideration a resolution of APPRE. FOR THERON appreciation to Theron Miller, Planning Board member. Commissioner Collins MILLER moved for the adoption of the resolution. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The resolution is copied in full I at the end of these minutes dated January 2, 1990, as document no. 3. YOUTH PLANNING Commissioner Shaw moved for the following appointments to the Harnett Youth BOARD APPOINTI~ENTS Planning Board: Gerald Smith - ex officio Jane Smith - ex officio John Clark - ex officio Terrie McGowan - ex officio Term Expires Fred Freeman 12-31-91 Julia Powers 12-31-90 Jane Schueman 12-31-92 96 Henry Cox 12-31-91 Diane Hatley 12-31-93 Suzanne Norris 12-31-92 Mack Reid Hudson 12-31-93 Marianne stump 12-31-93 Marshall Woodall 12-31-93 I Wanda Gardner 12-31-93 Commissioner Smith seconded the motion and it passed with a unanimous vote. APPOINTMENTS TO Commissioner Smith moved for the following appointments to the Industrial IND. FACILITIES & Facilities and Pollution Control Financing Authority: POLLUTION CONTROL FINANC ING AUTH. Term Expires Lamar Simmons 12-31-90 Daniel D. Andrews, Jr. 12-31-90 Charlie Carpenter 12-31-90 Edgar R. Bain 12-31-91 C. P. Stewart 12-31-91 Larry Smith 12-31-91 Commissioner Hudson seconded the motion and it passed with a unanimous vote. APPOINTMENTS~& Commissioner Hudson moved for the following appointments and reappointments to REAPPOINTMENTS TO the Harnett County Board of Health: BOARD OF HEALTH New Appointments Term Expires Commissioner Mayo Smith 12-31-92 Sharon Perry, Pharmacist 12-31-92 Dr. Stephen Colquhoun, Veterinarian 12-31-92 Reappointments Term Expires Dr. Kenneth Tal~, Optometrist 12-31-92 Kathy Weeks, R.N. 12-31-92 I Commissioner Collins seconded the motion and it passed with a unanimous vote. APPOINTMENTS TO Dallas H. Pope, County Manager, presented a resolution naming members of the AVERASBORO TOWNSHIP Averasboro Township Tourism Development Authority. Commissioner Smith moved TOURISM DEV. AUTH. for the adoption of the resolution. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated January 2, 1990, as document no. 4. RESOLUTION RE: Dallas H. Pope, County Manager, presented a resolution concerning release of RELEASE OF STATE State funds to Mid-Carolina Council of Governments. Commissioner Shaw moved FUNDS TO MID-CAROL. for the adoption of the resolution. Commissioner Collins seconded the motion COUNCIL OF GOVERN. and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated January 2, 1990, as document no. 5. REPORTS Reports for the month of December were filed with the Board from the following departments: Development Commission, Planning Department, Health Department, Social Services, Agricultural Extension, Library, Sheriff's Department, and Tax Department. BUDGET AMENDMENTS Dallas H. Pope, County Manager, requested the following budget amendment for Public Utilities (South Central Phase II): Code 60-9014-001 C.K. Andrews Contracting $1,500. decrease 60-9014-002 Brown Utility Company 500. decrease 60-9014-080 Contingency 2,000. increase Commissioner Shaw moved for the approval of the budget amendment. Commissioner Collins seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for I Public Utilities (Northwest): Code 60-9010-005 Shutt Hartman Construction 3,800. increase 60-9010-002 Brown Utility Company 1,000. decrease 60-9010-080 Contingency 2,800. decrease Commissioner Collins moved for the approval of the budget amendment. Commis- sioner Shaw seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Public Utilities (Northeast Metro): Code 60-9015-030 Engineering 20,000. increase 97 Revenue: 60-3770-000 Advance from General Fund-NE 20,000. increase Commissioner Shaw moved for the approval of the budget amendment. Commis- sioner Hudson seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for I the Planning Department: Code 10-7200-0ll Telephone & Postage 1,000. increase 10-7200-014 Travel & Meetings 500. increase 10-7200-026 Advertising 1,100. increase 10-7200-033 Materials & Supplies 2,000. increase Revenue: 10-3990-000 Fund Balance Appropriated 4,600. increase Commissioner Hudson moved for the approval of the budget amendment. Commissioner Smith seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Public Buildings: Code 10-5000-054 Insurance & Bonds 1,876. increase Revenue: '10- 3990-000 Fund Balance Appropriated 1,876. increase Commissioner Shaw moved for the approval of the budget amendment. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for Veteran's Service Office: Code 10-7800-002 Salaries & Wages 67. increase 10-7800-005 FICA Tax Expense 6. increase 10-7800-007 Retirement Expense 4. increase Revenue: 10-3990-000 Fund Balance Appropriated 77. increase Commissioner Smith moved for the approval of the budget amendment. Commis- sioner Hudson seconded the motion and it passed with a unanimous vote. I Dallas H. Pope, County Manager, requested the following budget amendment for Governing Body: Code 10-4100-004 Professional Services 60,000. increase Revenue: 10-3990-000 Fund Balance Appropriated 60,000. increase Commissioner Hudson moved for the approval of the budget amendment. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Henry S. Thompson, Director, Health Department, requested the following budget amendment for the Health Department: Code 10-7600-014 Travel & Meetings 1,746. increase 10-7600-033 Materials & Supplies 500. increase 10-7600-074 Capital Outlay - Equipment 3,754. increase Revenue: 10-3480-027 Environmental Health 6,000. increase Commissioner Shaw moved for the approval of the budget amendment. Commissioner Smith seconded the motion and it passed with a unanimous vote. Henry S. Thompson, Director, Health Department, requested the following budget amendment for the Health Department: Code 10-7600-002 Salaries & Wages 5,160. increase 10-7600-005 F.I.C.A. Tax Expense 390. increase 10-7600-006 Group Insurance Expense 750. increase 10-7600-007 Retirement Expense 259. increase 10-7600-0ll Telephone & Postage 1,000. increase 10-7600-014 Travel & Meetings 4,000. increase 10-7600-033 Materials & Supplies 1,200. increase 10-7600-046 Medical Supplies & Drugs 700. increase 10-7600-074 Capital Outlay - Equipment 2,455. increase I Revenue: 10-3480-019 WIC Program 15,914. increase Commissioner Collins moved for the approval of the budget amendment. Commis- sioner Shaw seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for the Sheriff's Department: Code 10-5100-003 Salaries & Wages, Part-time 18,000. increase 10-5100-005 F.I.C.A. Tax Expense 1,375. increase Revenue: 10-3990-000 Fund Balance Appropriated 19,375. increase Commissioner Collins moved for the approval of the budget amendment. Commis 98 '>, sioner Shaw seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested the following budget amendment for the Sheriff's Department: Code 10-5120-017 Maintenance & Repair, Auto 2,000. increase I Revenue: 10-3990-000 Fund Balance Appropriated 2,000. increase Commissioner Collins moved for the approval of the budget amendment. Commis- sioner Smith seconded the motion and it passed with a unanimous vote. EXECUTIVE SESSION Commissioner Hudson made a motion to go into executive session. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Commissioner Hudson made a motion to come out of executive session. Commis- sioner Collins seconded the motion and it passed with a unanimous vote. CAPE FEAR REGIONAL John M. Phelps, II, Public utilities Attorney, presented a Resolution regard- WASTEWATER BOARD - ing Cape Fear Regional Wastewater Board (Buies Creek-Coats Water and Sewer BUIES CREEK/COATS District of Harnett County). Commissioner Hudson moved for the adoption of MEMBERSHIP the resolution. Commissioner Collins seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated January 2, 1990, as document no. 6. RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented a Resolution Author- CONDEMATION TO izing Condemnation to Acquire a Certain Easement and Right of Way Over AQUIRE EASEMENT - and Upon the Property of Louise Byrd Sheppard and Husband, Lyman Wilson LOUISE BYRD SHEPPARDSheppard. Commissioner Collins moved for the adoption of the resolution. PROPERTY Commissioner Shaw seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated January 1, 1990, as document no. 7. ADJOURNMENT There being no further business, the Harnett County Board of Commissioners meeting of January 2, 1990, duly adjourned at 12:30 p.m. ~t~~. chairman I j(~<~. 41~JgJld ~anchard. Recording Secretary. ~ 'Vv .l()~ Vanessa W. Young, Clerk t&' the B rd DOCUMENT NO. lo STATE OF NORTH CAROLINA COUNTY OF HARNETT RESOLUTION OF THE BOARD OF COMMISSIONERS OF HARNETT COUNTY WHEREAS, under the authority of North Carolina General Statutes Section 75A-l5(a) any subdivision of the State of North Carolina may at any time, after public notice, make formal application to the Wildlife Resources Commission for special rules and regulations with reference to the safe and reasonable operation of vessels on any water within its territorial limits, AND WHEREAS, Harnett County has given public notice of its intention to make formal application to the wildlife Resources commission for special rules and regulations with reference to I the safe and reasonable operation of vessels on the lakes located at Carolina Lakes Development within the territorial limits of Harnett County, and for the implementation of the Uniform Waterway Marker System in such waters within the County of Harnett, NOW, THEREFORE, BE IT RESOLVED that in accordance with North Carolina General Statute 7SA-lS, the Board of Commissioners of Harnett County requests the North Carolina Wildlife Resources commission to promulgate special rules and regulations with reference to safe and reasonable operation of vessels on the waters of the lakes located at Carolina Lakes development within said county, the pertinent substance of which proposed regulations to include the following, to wit: (l) All safety hazards at any spillways must be identified and appropriately marked. (2) The swimming area at the marina must be identified and appropriately marked. (3) Areas where bank or shore erosion might occur must be identified, marked appropriately, and protected from erosion. (4) -No Boat- buoys must be installed and maintained in all areas where necessary to control erosion and protect swi1l"'" ~~ beaches and areas in and around said lakes. ~-'-""----~-~--- -~-,~~ 99 BE IT FURTHER RESOLVED by the Board of Commissioners of Harnett County that all such action as might be required by this resolution and the regulations and the laws of the State of North Carolina shall be taken by the Property Owners Association of Carolina Lakes Development, that said Association shall at its expense acquire, install and maintain all items necessary in order to meet said requirements or those hereafter imposed, that -...--- the County of Barnett shall have no responsibility to acquire, I install or maintain any such items, that the County of Barnett shall have no liability or responsibility of any sort whatsoever in connection with the action which miyht be authorized or required by this resolution or any act on taken as the result thereof, and that the Property OWners Association of Carolina Lakes Development sh~ll obtain and maintain liability insurance for the benefit and protection of those using the subject waters ih amounts of not less than $100,000.00 per injured person and $300,000.00 for all injured persons, and property damage in an amount of not less than $25,000.00 for each occurrence. BE IT FURTHER RBSOLVBD that the Board of commissioners of Harnett County requests that said Commission promulgate regulations fully implementing the Uniform Waterway Marker System upon the above referenced waters within Barnett County, subject to those conditions and limitations above set forth. This 2nd day of January, 1990 , HARNETT COUNTY BOARD OF COMMISSIONERS By: ~h~.~ . Ll G. Stewart, Cha rman Attest: / Ii. \ '- '\ ~ 1J.). lj~A^,,~ Vanessa Young, Cler ,J I DOCUMENT NO. 2. HARNETT COUNTY NORTH CAROLINA RESOLUTION THAT, WHEREAS, Mr. Thomas Farrar was appointed to the Harnett County Planning Board in May, 1977; and WHEREAS, Mr. Thomas Farrar provided service to Harnett County for twelve years as a member of the Harnett County Planning Board; and WHEREAS, his willingness and concern for the development of Harnett County has led to constructive growth and development for the County; and WHEREAS, his dedication and contributions have been greatly appreciated by the Harnett County Board of Commissioners as well as the entire County. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSI......:.AS, that Thomas Farrar is hereby conmended for his invaluable and immeasurable service. That a copy of this resolution shall be given to Thomas Farrar, a copy spread upon the minutes of the Board and a copy furnished to the media. Duly adopted this 2nd day of January, 1990. HARNETT COUNTY BOARD OF COMMISSIONERS _~ J;J 4c~ I Llo d G.'Stewart, Chairman Attest: IJRv^..AJui.J \0/ ~,(}AA'~~' Vanessa W. Young, Clerk to t Board I .~_. . 100 DOCUMENT NO.3. HARNETT COUNTY NORTH CAROLINA RESOLUTION I THAT WHEREAS, Mr. Theron Miller was appointed to the Planning Board in May, 1966; and " WHEREAS, Mr. Theron Miller has faithfully served on the Planning Board since its inception; and WHEREAS, during Mr. Miller's twenty three years of service he has shown a conscientious dedication to the citizens of Harnett County; and WHEREAS, his contributions have been greatly appreciated by the Harnett County Board of Commissioners as well as ~he entire County. NOW, THEREFORE, BE IT, RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS, that Theron Miller is hereby commended for his invaluable and immeasurable service. That a copy of this resolution shall be given to Theron Miller, a copy spread upon the minutes of the Board and a copy furnished to,the media. Duly adopted this 2nd day of January, 1990. HARNETT COUNTY BOARD OF COMMISSIONERS ~' o~~ Ll d ~ewart, Cht{irman Attest: 1,~ 'iNo ~"M" Vanessa W. Young, Cler to thi Board I HAR.~A"" COUNTY DOCUMENT NO.4. NORTH CAROLINA RESOLUTION NAMING MEMBERS OF THE AVERASBORO TOIfNSHIP ..w'v.ISM ...'6U."'OPMINT AUTHORITY THAT WHEREAS, the North Carolina General Assembly did, on the 5th'day of May, 1987, ratify legislation entitled "An Act to Authorize the Levy of a Room Occupancy and Tourism Development Tax in Averasboro Township in Harnet~ County"; and WHEREAS, the Harnett County Board of Commissioners by resolution adopted on July 6, 1987, did levy the tax therein authorized in Averasboro Township, Harnett County, North Carolina, effective on the 1st day of September, 1987; and WHEREAS, in said resolution so adopted on July 6, 1987, the Harnett County Board of Commissioners established the Averasbore Township Tourism Development Authority as provided in the above referenced act of the North Carolina General Assembly; and WHEREAS, the Harnett County Board of Commissioners is charged with the responsibility of appointing the members of such Tourism Development Authority as prescribed in the above referenced act; and WHEREAS, the Dunn Area Chamber of Commerce has submitted the names of its current new president, Mr. Joseph M. Giles, Jr., who replaces Mr. Dwight Snow, and its new vice president of Economic and Industrial Development, Mr. Abe Elmore, who replaces Mr. Patrick H. Pope, ,and has recommended their I appointment to the Authority; and 1l='1\EAS, the Dunn Area Chamber of Commerce has subnitted the names of Mrs. Sara Titchener for reappointment to the Authority as the representative of the travel industry; and WHEREAS, the Dunn Area Chamber of Commerce has submitted the name of Mr. Lee Tolar for.'u.intment to the Authority, who replaces Mr. Buddy Hinton as the repre.entative for motel operators. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that Mr. Joseph M. Giles, Jr., President of the Dunn Area Chamber of Commerce, and Mr. Abe Elmore, Vice President of Economic and Industrial Development of the Dunn Are. Chamber of Commerce, shall be and they are hereby appointed to serve as ex officio members of said Authority with Mr. Joseph M. Gile., Jr. de.ignated as Chair for the Authority as set forth in the above referred act; and that Mrs. Sara Titchener and Mr. Lee Tolar shall be and are hereby appointed to serve as members of said Authority. . Duly adopted this 2nd day of January, 1990. HARNETT COUNTY BOARD OF COMMISSIONERS 101 DOCUMENT NO.5. HARNETI COONTY NORm CAROLINA I RESOLlJ'.rIOB 1o..-...:....BAS, in Horth Carolina the Lead Reqional Orqanizations, as voluntary orqanizations servinq aunicipal and county ..".rmaents, have established productive \ .,..:.J.nq relationships vith the cities and counti.s acro.s this state, and WBBRBAS, aany counties and cities need a.sistance in pursuinq ecoDOllic and coa.unity develox-nt .'U .rtunities, but federal ..sist:aDCe in the fom of in~tal ,., , . nues has been severely curtailed in recent years, and 1IHBRBAS, the 1989 General Assembly recognized this need throuqh the appropriation of $990,000 to help the Lead R8c1ional Orvanizations ..sist local 9OV8~nts vith vrant applications, ecODOm.C deve1opaent, C:~Dlty devel~nt, and to support local industrial ct.Velo~nt activities and other activiti.s as deemed ar&-.. "'r.riate by their local gov&rmD8nts, and WHEREAS, thes. funds are not intended to be used for payment of -a-r dues or asses_nts to a Lead R8c1ional Orqanization or to supplant funds arr....r..iated by the ~ govern.ents, and WHEREAS, in the event that a request is not Dlade by the County of Barnett for release of the.e funds to our Reqional Council, the available funds vill ..."...t to the Stat.'s General Fund, and WHERBAS, in Kid-Carolina, funds in the amount of $55,000 vill be used for assistinq member qovernaents vi th grant applications, ecoDOllic clevelopll8nt, cCDaUnity development, and oth.r activities as deeIDec:l arr.._r..iate by ~r II.' ..rnaents of Kid-Carolina Council of GovernIIents. lfOW, THEREPORE BE IT RESOLVED, that the Barnett County Board I of CaDDissioner. reque.t. the release of its share of these , funds, $10,657.16, to Mid-Carolina Council of G. ,.....,.....nts at the earliest pos.ible t~e in accordance vith the provisions of Chapter 830 of the 1987 Se.sion Laws (BB 1515). Duly adopted this 2nd day of January, 1990. HARNETI COUNTY BOARD OF CCUflSSIONERS DOCUMENT NO.6. "solution Regarding Cape ..ear b9iollal .aat_ater Board (auies Creek-COats Water aDd S...r Diatrlct of Barnett County) WHEREAS, the Buies Creek-Coats Water and Sewer District of Harnett County (hereinafter the NDistrictM) has previously entered into an Agreement with the County of Harnett dated December 18, 1989 relative to the construction and operation of the Cape Fear Regional Wastewater SystemJ and WHEREAS, said Agreement was entered into pursuant to authorization by the Harnett County Board of Commissioners sitting as the governing body of District, and upon the recommendation of the Advisory Board for the Buies Creek-Coats Water and Sewer District of Harnett CountYJ and WHEREAS, pursuant to the terms of Section XIV of said Agreement, the District has agreed to cooperate and participate in tbe establishment of the Cape Fear Regional Wastewater Board (hereinafter tbe MRegional BoardN); and I WHEREAS, each governmental unit participating in the Cape Fear Regional Wastewater System shall have two members &itting on the Regional Board who shall represent each such unit and be authorized to cast the vote of such unit on issues coming before the Regional BoardJ and WHEREAS, one of the two members of the Regional Board representing each unit sball be a member of the governing body of said unit; and WHEREAS, with respect to the District, such member of the Regional Board shall be a member of the Harnett County Board of Commissioners; and WHEREAS, it is the desire of the Harnett County Board of Commissioners, sitting as the governing body of the District, to make provision for the appointment of the second member of said Regional Board and to insure adequate representation on said Regional Board for the Town of Coats and the Village of Buies CreekJ and - 102 WHEREAS, the Harnett County Board of Commissioners, sitting as the governing body of the District, now desires to state its policy with respect to said matters. .NOW THEREFORE~ BE IT RESOLVED by the Harnett County Board of Comm~ssioners sitt~ng as the governing body of the Buies Creek- Coats Water and Sewer District as follows: 1. That in accordance with the aforementioned I Agreement between the District and the County of Harnett, one member of the Regional Board -.-..--- --.---.--- representing the District shall be a member of the governinq body of the District, to wit: the Harnett County Board of Commissioners. 2. That the second member of the Regional Board representing the District shall be an individual recommended by the Advisory Board of the Buies Creek-Coats Water and Sewer District of Harnett County. 3. That a special representative shall be entitled to accompany the members of the Regional Board representing the District to meetings thereof and such special representative shall be designated by the Advisory Board of the Buies Creek-Coats Water and Sewer District of Harnett County. 4. That during meetings of the Regional Board and at other appropriate times, the members of the Regional Board representing the District shall consult with and seek the advice and recommendations of the designated special representative. Duly adopted this 2nd day of January, 1990, upon motion made by Commissioner Hudson , seconded by Commissioner Collins , and adopted by the following vote: Ayes 5 Noes 0 Absent 0 Abstained 0 Buies Creek-Coats Water and Sewer District of Harnett County I BY'.~ h4t~ L oyd . Stewart, Chairman, Harnet County Board of Commissioners, sitting as the governing body of the Buies Creek-Coats Water and Sewer District of Harnett County ATTEST: /' 1J~ t.(J.}. ~&u~ Vanessa W. Young, ~ erkDto the Board and of the Buies Creek- Coats Water and Sewer District of Harnett County DOCUMENT NO. 7. A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE A CERTAIN EASEMENT AND RIGHT OF WAY OVER AND UPON THE PROPERTY OF LOUISE BYRD SHEPPARD AND HUSBAND, LYMAN WILSON SHEPPARD WHEREAS, the governing body of Harnett County (hereinafter .the County.) hereby determines that it is necessary and in the public interest to acquire certain property interests owned by I Louise Byrd Sheppard and husband, Lyman Wilson Sheppard (hereinafter .OWner.) for the following public purpose: To protect the public health, to provide the public with an adequate and sound sewage collection and disposal system, and to improve such system to meet the need for expanded or upgraded services. WHEREAS, the proper officials or representatives of the County have been unable to acquire the needed interest in this property by negotiated conveyance. NOW, THEREFORE, BB IT RESOLVED by the governing body of Harnett County, that: -~ -~- -~~--.--..,~~ 103 l. The County shall acquire by condemnation, for the purposes stated above, the property and interest described as follows: A permanent, perpetual easement and right of way to erect, construct, install and lay a sewage collection pipeline or I pipelines and appurtenances, including the right to clear and keep clear all trees, undergrowth and other obstructions from the land described, and to go upon the land described herein whenever the same is considered to be reasonable necessary to use, operate, inspect, repair, maintain, replace, remove, change the size of or protect said sewage collection pipeline or pipelines, and that in exercising such rights herein described, the County shall remove all surplus earth and repair and make level the surface ground and return said surface to a condition substantially similar as to that prior to the exercising of said rights, provided that the Owner shall not build, construct or create, nor permit others to build, construct or create any buildings or other structures on the land herein described that would interfere with normal operation and maintenance of said sewage collection pipeline or pipelines, together with the right of ingress and e~ess to and from the same over adjacent lands of the Owner, his successors and assigns for the purposes herein described, over, under through and across the land hereinafter described, which land is situated in Stewart's Creek Township, Harnett County, North Carolina, and more I particularly described as follows: Beginning at a point which is the northernmo.t corner of the tract of which the herein described property is a part, said point also being at the point of intersection of the southern margin of the rig~t of way of College Street and the western margin of the right of way of the Norf~lk and Southern Railroad, and runs thence from said beginning point along, with and al the western margin of the railroad right of way South 30. 53' 16" East 159.88 feet to a point, corner with the property of Bunnlevel Emergency Services, Inc. and runs thence along, with and as the line of Bunnlevel Emergency Services, Inc. South 740 36' 44- West 20.75 feet to a point, and runs thence North 300 53' 16- West 154.30 feet tp a point in the southern margin of the right of way of College Street, and runs thence along, with and as the said right of way margin North 590 01' 22- East 20.00 feet to the point and place of beginning containing .072 acre and is designated as -20' Utility Easement A- on a plat entitled "County of Harnett, Bunnlevel-Riverside 20' Utility Easements- prepared by Ragsdale Consultants, P.A. dated December 13, 1988. The above described tract is a portion of that property described in deed to Elva Byrd Hobbs recorded at Book 256, page 350, Harnett County Registry, and devised to Louise Byrd Sheppard and Lyman Wilson Sheppard under the Will of Elva Byrd Hobbs as set forth in. file 79-E-139 in the office of the Clerk of Superior Court, Harnett County, North Carolina. ~--<.- 2. The Harnett County Public utilities Attorney is directed to institute the necessary proceedings undar Chapter 40A of the North Carolina General Statutes to acquire the property herein I described. Duly adopted this 2nd day of January, 1990 upon motion made by Commissioner Collins , seconded.by Commissioner Shaw , and adopted by the following vote: Ayes S Noes 0 Abstained 0 Absent n Harnett County Board of Commissioners BY:~ --<:1 ~o Attest: d', Stewart, Chairman / / ,~ 'tv 'V\utd./ Vanessa W. Young, ~rk