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HomeMy WebLinkAbout10191998 - - - 250 . HARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting October 19, 1998 The Harnett County Board of Commissioners met in regular session on Monday, October 19, 1998, in the County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Dan B. Andrews, Chairman . Beatrice Bailey Hill, Vice Chairman Joseph T. Bowden Teddy J. Byrd Walt Titchener Staff present: Neil Emory, County Manager W. A. (Tony) Wilder, Assistant County Manager Dwight W. Snow, County Attorney Kay S. Blanchard, Clerk to the Board Chairman Andrews called the meeting to order at 7 p.m. and Commissioner Hill led the pledge of allegiance and prayer. Commissioner Byrd moved to approved the agenda as published with additions listed below. Commissioner Hill seconded the motion and it passed unanimously. 1. Report of negotiations with the N.C. Department of Environmental and Natural Resources, Division of Land Resources 2. Change order regarding HPE project Upon motion by Commissioner Titchener and seconded by Commissioner Bowden, the Board unanimously approved the following items on the consent agenda: . 1. Minutes: Regular Meeting, October 5, 1998 2. Budget Amendments: 84 MIS (Fund 10 - General) Code 10-4450-0740 Capital Outlay-Equipment $6,300.00 increase 10- 7200-07 40 Capital Outlay-Equipment 6,300.00 increase 85 Public Utilities (Fund 31-Public Utilities) Code 31-9000-0330 Materials & Supplies 1,425.00 increase 31-3350-0070 CCCC Hydrant 1,425.00 increase ~7 Emereencv Medical Service (Fund 10 - General) Code 10-5400-0740 Capital Outlay - Equipment 2,954.00 increase 10-3990-0000 Fund Balance Appropriated 2,954.00 increase 88 Emenzencv Medical Service (Fund 10 - General) Code 10-5400-0740 Capital Outlay - Equipment 1,439.00 increase 10-5400-0330 Materials & Supplies 1,439.00 deereas. 89 Public Utilities (Fund 76 - Water Plant Exoansion) Code 76-3290-0000 Interest on Investments 9,877.00 increase 76-9026-0700 Interest During Construction 9,877.00 increase 90 Health (Fund 10 - General) Code 10-7600-0330 Materials & Supplies 375.00 increase 10-7600-0450 Contracted Services 4,000.00 increase 10-7600-0460 Medical Supplies & Drugs 950.00 decrease 10-7600-0740 Capital Outlay - Equipment 1,557.00 increase 10-3480-0180 T.B. Program 3,050.00 increase 10-3480-0190 WIC Program -100% Federal 1,557.00 increase 10-3830-0330 Donations - Health Dept. 375.00 increase ------------- --- --- -- - -~---- -- - - 251 91 Public Utilities (Fund 76 - Water Plant Exnansion) 204,260.00 increase Code 76-9026-0700 Interest During Construction 76-3980-0010 Interfund Transfer 204,260.00 increase 92 Public Utilities (Fund 32 - Northeast Metro) Code 32-9001-1560 Interfund Trans. to Water Plant Proj. 204,260.00 increase 32-9001-2020 Debt Service Interest 204,260,00 decrease 94 Public Utilities (Fund 70 - Southwest Re.2ional Transmission Phase n Code 70-9070-0700 Interest During Construction 6,713.00 increase . 70-3980-0000 Interfund Transfer from Public Utilities 6,713.00 increase 95 Public Utilities (Fund 37 - Southwest Water & Sewer District) Code 37-9006-2020 Debt Service Interest 6,713.00 decrease 37-9006-1560 Interfund Transfer to Southwest 6,713.00 increase 96 Public Buildines (Fund 10 - General~ Code 10-5000-0210 Building & Equipment Rent 1,450.00 increase 10-3990-0000 Fund Balance 1,450.00 increase 97 Emer2encv Services (Fund 10 - General) Code 10-5300-0572 Fire Education Supplies 50.00 increase 10-3830-0336 Donations - Emergency Management 50.00 increase 98 CooDerative Extension (Fund 10 - General) Code 10-7306-0330 Materials & Supplies 3,009.00 decrease 10-7306-0740 Capital Outlay 3,009.00 increase 99 Public Utilities (Fund 31 - Public Utilities) Code 31-9000-1562 Inter. Trans. to Water Plant Pilot Prog. 47,000.00 increase 31-3990-0000 Fund Balance 47,000.00 increase . TAX REFUNDS 3. Tax Refunds (Attachment 1) 4. Make a Difference Day Proclamation (Attachment 2) CAPT. WALLACE 5. Resolution in Memory of Captain Billy Graham Wallace (Attachment 3) :OUCKHORN CON- 6. Contract Renewal- Buckhorn Container Site, with Odel and Ruby Hardee TAINER SITE 7. Authorization to remove road name moratorium RD. NAME MORATORIUM 8. Resolution to amend Service Delivery Area Consortium Agreement SDA CON. AGREE. (Attachment 4) SUBD. PLATS 9. Final Subdivision Plats: A. Cornerstone, owner: Dess Langdon, 6 lots, SR 1532, Langdon Road, Grove Township, RA-30 Zoning District, 3.7 acres B. Crestview Estates, Phase I, owner: Crestview Development, LLC., 46 lots, SR 115, Buffalo Lake Road, Barbecue Township, unzoned, 18.6 +/- acres C. The Summit, Section I, owner, Frank Weaver, 40 lots, SR 1141, Alpine Drive, Barbecue Township, unzoned, 18.08 acres . 10. Contract for issuance of Food Stamps with Assured Issuance, Inc. during the FOOD STAMPS months of November, 1998 through January, 1999. This short term contract is ASSURED ISSUANCE needed due to Cost Containment, Inc., terminating their service effective October 31, 1998 SAFETY PROG. 11. Additional Safety Programs and Procedures: A. Ladder Safety Program B. lawn Mowing Safety Program C. Chemical Safety Procedures and Guidelines D. Housekeeping Program E. First Aid kit Guidelines F. General Vehicle Safety Procedures and Guidelines G. Portable Fire Extinguishers Procedures and Guidelines -------- ~ -- --- -~ 252 . WATER PLANT PILOT 12. Water Plant Pilot Project Ordinance (Attachment 5) HPE CHG. ORD. 13. Change Order regarding Harnett Production Enterprise project (Attachment 6) REPORT OF NEGOTIA- 14. Report of negotiations with the N.C. Department of Environmental and Natural TIONS-NCDENR Resources, Division of Land Resources (Attachment 7) CAPT. WALLACE Sheriff Larry C. Knott presented a plaque honoring the late Captain Billy Graham Wallace to Captain Wallace's family. Captain Wallace's service revolver and his badge were mounted on the plaque. Chairman Andrews read and presented a resolution to the family from the Board of Commissioners. (Attachment 3) . APPOINTMENTS Appointments: Harnett County Youth Planninl! Board Tony Wilder for a 3-year term to expire 11/01/01 Harnett County Transoortation Advisorv Board Latoria Meadows for a term to expire 12/31/98 Harnett County Public Library Board of Trustees Robert G. Hedrick for a 3-year term to expire 01/01/02 Chairman Andrews called to order a public hearing on proposed road names regarding E- 911 the E-911 program. Clint Williams, E-911 Coordinator, presented the proposed road names and stated that the purpose of the public hearing was to obtain comments from the public regarding the road names. Chairman Andrews opened the meeting for public comments. No comments were offered and Chairman Andrews closed the public hearing. Commissioner Byrd moved to applVve the road names as presented. Commissioner Bowden seconded the motion and it passed unanimously. (Attachment 8) BUIES CREEK VFD Neil Emory, County Manager, presented for the Board's consideration a proposed . EMS SERVICES contract with Buies Creek Volunteer Fire Department to provide transport services in their community. Changes to the County's overall Emergency Medical Services would require this contract in the future but Buies Creek would like to commence providing these services November 15, 1998. The document was developed by EMS personnel and has been recommended for a,t',t'&Vval. Commissioner Bowden moved to adopt the proposed contract as presented. Commissioner Hill seconded the motion and it passed unanimously. STATE BOND ISSUE Neil Emory, County Manager, presented for the Board's consideration a proposed WATER, SEWER resolution in support of the proposed State Bond Issues for Water, Sewer and Natural Gas. Commissioner Titchener moved for adoption of the resolution. Commissioner Byrd seconded the motion and it passed unanimously. (Attachment 9) OFFICE SPACE FOR Neil Emory, County Manager, noted that potential office space has been located for JUVENILE SERVICE the Juvenile Services Division office. Doyle Construction Company has proposed to lease the building located at 22 West Front Street, Lillington to the County and will make improvements to the satisfaction of the County. The proposal is contingent on Doyle purchasing the property at the foreclosure sale on October 30. Commissioner Bowden made a motion to express the County's interest in the office space contingent upon approval of the proposed renovations by the fire marshal and building inspections as well as representatives of Juvenile Services. Commissioner Byrd . seconded the motion and it passed unanimously. Reports were filed with the Board from the Health Department, Economic Development, Fire Marshal & Emergency Management, Sheriff's Department and Intra-Departmental Budget Amendments (Attachment 10). Neil Emory, County Manager, reported on the following items: 1. Request for appointment of a Census committee will be on the next meeting's agenda. 2. Clint Williams, E-911 Coordinator, will head up a review of the new address list. - - --- --- ~~._c_ ~ 253 , 3. Boone Trail Emergency Services expressed concerns regarding citizens served who are not included in the service district, and therefore, do not pay service district tax. 4. There is an ongoing discussion in the North Carolina House of R.;,t'.. .;,sentatives and Senate regarding the Elderly Homestead Property Tax Exemption. The NCACC has asked that the Board express concerns over a proposed constitutional referendum. . CLOSED SESSION Commissioner Byrd moved that the Board go into closed session for the following purposes: 1) To consider and discuss a personnel matter; 2) To consider and give instructions to the County Attorney concerning the handling of a claim; 3) To instruct the County staff concerning the position to be taken by the County in negotiating the transfer of certain real property. This motion is made pursuant to N.C. General Statute Section 143-318.11 (a)(3)(5) & (6). Commissioner Bowden seconded the motion and it passed unanimously. Commissioner Hill moved that the Board come out of closed session. Commissioner Byrd seconded the motion and it passed unanimously. WAYNE RAYNOR In new business, Commissioner Bowden made a motion that Wayne Raynor, Health HEALTH DIR. Director, be given a 5% salary increase effective October 1, 1998. Commissioner SALARY INC. Titchener seconded the motion and it passed unanimously. . There being no further business, Commissioner Bowden moved for adjournment. Commissioner Hill seconded the motion and it passed unanimously. The Harnett ADJOURNMENT County Board of Commissioners meeting, October 19, 1998 duly adjourned at 8:15 p.m. ~~1 /I /!~ L Dan B. Andrews, Chairman -1(~L ~~ Kay'S. Blanchard, Clerk to the Board Attachment 1. : '; i-' !. /0.:-/9. - ?5' MONTHLY REFUND REPORT 11. ,&~~" I:. k ~ 80 &Jr.d 07-Oct-98 . BILL NUMBER NAME REASON AMOUNT YEAR MONTH TOWN 97609135 CHAMPION JIMMY RAY MOTOR VEHICLE SOLD COUNTYWIDE - 2,807 X .68 = 19.08 1997 10/98 PO BOX 402 SUMMERV. FIRE - 2,807 X .07 = 1.96 L1LLlNGTON, NC 27546 TOTAL. 21.04 97601740 NORRIS ROBERT E MOTOR VEHICLE SOLD COUNTYWIDE - 673 X ,68 = 4.57 1997 10198 3417 US 30lN A VERAS. FIRE - 673 X .04 = .26 DUNN, NC 28334 A VERAS. RESC . 673 X .045 = .30 A VERAS. SCHOOL - 673 X .02 = .13 TOTAL - 5.26 97605756 SICARD MARC A MILITARY EXEMPTION COUNTYWIDE - 34,490 X .68 = 234.53 1997 10/98 141 WOOD RUN SPOUT SPRINGS FIRE. 34,490 X .09 = SANFORD, NC 27330 31.04 BENHA VEN RESC - 34,490 X .025 = 8.62 TOTAL - 274.19 -- --- - , - 254 , 97610179 TITUS PAUL F MOTOR VEHICLE SOLD COUNTYWIDE - 2.375 X .68 = 16.15 1997 10/98 204 CROWN POINT SPOUNT SPRINGS FIRE - 2,375 X .09 = SANFORD, NC 27330 2.13 BENHA VEN RESCUE - 2,375 X .025 = .59 TOTAL - 18.87 98634071 TOBIAS W ALTER W PERSONAL VALUE COUNTYWIDE - 2,050 X .68 = 13.94 1997 10/98 328 WILL LUCAS ROAD CORRECTION TOTAL - 13.94 LINDEN, NC 28356 97583036 ULMER GERTRUDE E MOTOR VEHICLE SOLD COUNTYWIDE. 20.158 X .68 = 131.07 1997 10/98 7 VINSON LANE AND CRK FIRE - 20.158 X .12 = 24.18 . PINEHURST, NC 28374 TOTAL - 161.25 MONTHLY REFUND REPORT I4-OcI-98 BILL NUMBER NAME REASON AMOUNT YEAR MONTH TOWN 97001470 AUSLEY CECIL & MARIE LOT DOES NOT EXIST COUNTYWIDE. 7500 X ,68 = 5\.00 1997 10/98 2 ANGIER PO BOX 367 PER MAPPING CITY OF ANGIER -7500 .61 = 45.75 ANGIER, NC 27501-0367 BLACK RIVER FIRE - 7500 X .07 = 5.25 BLACK RIVER RESCUE. 7500 X .05 = 3.75 TOTAL - 105.75 96001338 AUSLEY CECIL & MARIE LOT DOES NOT EXIST COUNTYWIDE - 6750 X .70 = 47.25 1996 10/982 ANGIER PO BOX 367 PER MAPPING CITY OF ANGIER - 6750 X .67 = 45.23 ANGIER, NC 27501-0367 BLACK RIVER FIRE - 6750 X .08 = 5.40 BLACK RIVER RESC - 6750 X .05 = 3.38 TOTAL - 101.26 95001261 AUSLEY CECIL & MARIE LOT DOES NOT EXIST COUNTYWIDE - 6750 X .70 = 47.25 1995 10/982 ANGIER PO BOX 367 PER MAPPING CITY OF ANGIER - 6750 X .68 = 45.90 ANGIER, NC 27501-0367 BLACK RIVER FIRE - 6750 X .08 = 5.40 BLACK RIVER RESC - 6750 X .05 = 3.38 TOTAL. 101.93 ANG. 94001220 AUSLEY CECIL & MARIE LOT DOES NOT EXIST COUNTYWIDE - 6750 X .70 = 47.25 1994 10/982 PO BOX 367 PER MAPPING CITY OF ANGIER - 6750 X .71 = 47.93 ANGIER, NC 27501-0367 BLACK RIVER FIRE - 6750 X .08 = 5.40 BLACK RIVER RESC - 6750 X .055 = 3.71 TOTAL. 104.29 Attachment 2. PROCLAMATON MAKE A DIFFERENCE DAY WHEREAS, the foundation of a humane and just society is the citizens' willingness to work together for the common good; and WHEREAS, Harnett County's many volunteers of all ages are a tremendous treasure; and WHEREAS, it is the duty of all citizens to search for opportunities to make a difference in the lives of those around us and to dedicate time and resources to the improvement of our communities; and WHEREAS, VOLUNTEER HARNETT has accepted the challenge of North . Carolina Governor James B. Hunt, Jr. to support Make a Difference Day. NOW, THEREFORE, the Harnett County Board of Commissioners does hereby proclaim Saturday, October 24, 1998, MAKE A Dbr1!.RENCE DAY in Harnett County and encourages our fellow citizens to observe this day by joining friends, fellow employees, and school, religious and civic groups in projects to benefit our communities. This the 191h day of October, 1998. HARNETT COUNTY BOARD OF COMMISSIONERS ATTEST: /1__ ~.. A. K~ xl. ;j)~l(J./ul Dan B. Andrews, Chainnan Kay . Blanchard, Clerk to the Board - - -------- ----- --- ~~~:.:7'c:".;..";P;-"--'--,_.:.'C"""""""-~"Y"':;:'- --.~.-~ --------.. ------- 255 Attachment 3. BOARD OF COMMISSIONERS COUNTY MANAGER DAN B. It .. .:, .. Ja., CluUmttIII Nm EMORY Blh ,. ~"B. HIu., Vlce-Chaimttlll WM. A. (TONY) WD.DER. Assisranr JOSIlPH T. BOWDEN . TEoov BYRD CLERK TO TIlE BOARD WACrT.............. KAy S. BLANCHARD COUNTY OF HARNETT .' . p.o. BOX 759 · LlLLINOTON, N.C. 27546 (910) 893-7555. FAX (910) 814-2662 RESOLUTION IN MEMORY OF Billy Graham Wallace THAT WHEREAS, Billy Graham Wallace began his service to Harnett County with the Sheriff's DepQ&L.uent on July 1, 1972 as a deputy and rose through the ranks to become a Captain; and WHEREAS, during his law enforcement career, Captain Wallace's dedication and devotion, as well as his willingness and concern to help others won him nwnerous accolades for his encouragement, advice and leadership; and WHEREAS, Captain Wallace served the citizens of Harnett County well until his untimely death on July 6, 1998. NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of . Commissioners memorializes Captain Billy Graham Wallace for his loyal and dedicated service to Harnett County with great honor and distinction. BE IT FURTHER RESOLVED by the Board that a copy ofthis resolution be spread upon the minutes of this Board and a copy presented to Captain Wallace's family. Duly adopted this 19th day of October, 1998. HARNETT COUNTY BOARD OF COMMISSIONERS ~ 8. dL~- Dan B. Andrews, Chairman ./. hi,!B:li::kk ~~.eOWmM ~Jj-~ Walt Titchener . . - ~ - -.--~ -----,- 2'56_ Attachment 4. RESOLUTION TO AMEND CONSORTIUM AGREEMENT FOR THE MID-CAROLINA SERVICE DEUVERYAREA ACCEPTING RESPONSIBIUTY FOR WELFARE-TO-WORK PROGRAM FUNDS WHEREAS, the contiguous units of local government of Chatham, . Harnett, lee, and Sampson Counties, have established a consortium to act jointly as a Service Delivery area (SDA) under the Job Training Partnership Act, as amended, known as the Mid-Carolina Service Delivery Area; and WHEREAS, the federal Welfare to Work legislation provides that this program be administered through the existing JTPA program structure; and WHEREAS, the current Consortium Agreement governs receipt of JTP A funds and does not include acceptance of responsibility for Welfare-ta-Work funds; and WHEREAS, the Mid-Carolina Service Delivery Area Consortium wishes to incorporate the Welfare-to-Work Program and funds for its member counties; I NOW, TH~REFORE, the member units of government assure that they will comply with the requirements of the Welfare-to-Work Grant provided for at Title IV, Part A, of the Social Security Act (P.l. 74-271), as amended, and all other applicable regulations, and fulfill the legal and financial requirements; and Further designate the Chief Elected Official of each county, being the duly elected Chairman of each respective County Board of . Commissioners, as signatory of this agreement and shall be authorized to execute such other agreements as are necessary for purposes of the Welfare-to-Work Grant; and Further designate that the Chief Elected Official of the Mid- Carolina Service Delivery Area be authorized to exercise the functions required under the Welfare-to-Work Grant; and Ratify Chief Elected Official of the Consortium, Raeford Daughtry's, August 10,1988, execution of the State and Service Delivery Area Memorandum of Agreement, incorporating the Welfare-to-Work Program, as representative and agent for the Mid-Carolina Service Delivery Area; and Therefore enact this Resolution as an amendment to the existing Consortium Agreement for the Mid-Carolina Service Delivery Area. CHATHAM COUNTY LEE COUNTY By: By: Chairman, Board of County Chairman, Board of County Commissioners Commissioners Date: Date: . HARNETT COUNTY SAMPSON COUNTY By: A~ f) c2.L.-. By: Chairman, Board of County Chairman, Board of County Commissioners Commissioners Date: 10... :2/- 9f Date: I -.. - ---------.--.- - - -~ -~ - .~---_..- .---'-'- 2:57 Attachment 5. WATER TREATMENT PLANT PILOT PROJECT PROBCf ORDINANCE . BE IT ORDAINED BY TIlE BOARD IF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA: Section 1. The Water Treatment Plant Pilot Project will consist ofan evaluation of the operation of the water plant at an equivalent surface loading rate to achieve a through put of 18 mgd. This data will be used to obtain approval from the Public Water Supply Section oftbe Department of Environment and Natural Resources for the permanent licensing of the facility to operate at a rate of 18 mgd with no change in the structure of these facilities. Section 2. This project will be financed through the use Harnett County Department of Public Utilities' General Fund. Section 3. The following amounts are hereby appropriated for this project: Engineering $20,000 Equipment $10,000 Analysis $15,000 Contingency $ 2_000 TOTAL $47,000 . Section 4. It is estimated that the following revenues will be available for the project: Harnett County Public Utilities' General Fund Advance $47,000 Duly adopted this /9 K day of 0 eft) b ~ y ,1998. ~ B. t2L~~~ Dan B. Andrews, Chairman Harnett County Board of Commissioners Al a.ST: Kay Blanchard, Clerk Harnett County Board of Commissioners K~ ,/ ;.U~tVCd ( . -- --.- .258 Attachment 6. CHANGE Distribution to: OWNER X ORDER ARCHITECT . CONTRACTOR FIELD OTHER PROJECT: CHANGE ORDER # G-3 Harnett Production Enterprises INITIATION DATE September 30, 1998 % County of Harnett ARCHITECrS PROJECT # Altn: Tony Wilder CONTRACT FOR General CONTRACT DATE: 3/5/98 TO (Contractor): PEDEN GENERAL CONTRACTORS P. O. Box 40489 Raleigh, NC 27629 You ant d~ , .." rI to make the following changes In this Contract: Delete asphalt & add T' thick concrete apron (2' wide in front of OH door & 4' wide in front of 3/0 7/0 personnel door) in front ofthree (3) OH doors & personnel doors in Building A, in front of two (2) OH doors & one (1) personnel door in Building B. Add for Concrete $800.00 Credit for Asphalt ($250.00) Difference $550.00 $550.00 . Total Cost for Above $83.00 OVerhead Proftt (11%1 $633.00 TOTAL OF THIS CHANGE 0..._'.:... (Number 171 Not Valid unliI signed by both the Owner and Architect. Signature of the Contractor i ,....... his.,. .. ..' herewith. including any adjustments in the Contract Sum or Contract Time. The original Contact Sum was...................................................................................... $1,074,343.00 Net change by previously authorized Change Orders....................................................... $36,340.00 The contract Sum prior to this Change Order was.......................................................... $1,110,683.00 The Contract Sum will be increased by this Change Order......................................... $633.00 The new Contract Sum including this Change Order will be............................................. $1,111,316.00 The Contract Time will be (unchanged) by (N/Al days. The Date of Substantial Completion as of the date of this Change Order therefore is Authorized: Skinner, Lanvn & Highsmith, PA, Architects Peden <>-&1 Contractors, Inc. County of Harnett ARCHITECT CONTRACTOR OWNER 702 West Broad St. PO Box 40489 P. O. Box 759 WHson. NC 27893 Raleigh. NC 2<1629 LHIington, NC 27546 ADDRESS ADDRESS ADDRESS BY: ~ -;7' ft~ BY]4I.-I- ~ )lJJd ,,/ /-P/9A, DA : 1{$ '- DATE: DATE: /P- / CJ -'9 P c: Tony Wilder . cOunty of HImlIlt . 259 Attachment 7. State of North Carolina MICHAEL F. EMiLEY Department of Justice ^ TTORNEV OENE,,^L P. 0. BOX 620 REPLY TO: Brian J. McGinn RALEIGH Environmental Oh'ision 27002.()620 Telephone No: (919) 716-6600 FIX: (919) 716-6767 . October 5, 1998 Mr. Dwight W. Snow Attorney At Law Post Office Box 397 Dunn, North Carolina 28335 RE: Payment of Settlement County of Harnett Harnett County, LQS 97-051/98 EHR 0667 Dear Dwight: On behalf of the Department of Environment and Natural Resources this letter will acknowledge receipt of the County of Harnett's check number 141295 in the amount of $7,000.00. This payment constitutes a complete and full settlement of the above referenced matter. Enclosed for your records is an executed copy of the Settlement Agreement. I am closing my file on this matter. If you have any further questions concerning this case, please contact me. Very truly yours, ._-"":' ...... )- .--:-: -- ( ,-.., , ,. ,-- . Brian 1. McGinn Assistant Attorney General BJM/na' . cc: Charles Gardner David Ward William Vinson ep:28006 STATE OF NORTH CAROLINA IN THE OFFICE OF ADMINISTRATIVE HEARINGS COUNTY OF HARNETT 98 EHR 0667 COUNTY OF HARNETT, ) ) Petitioner, ) ) CONSENT AGREEMENT v. ) AND SETTLEMENT . ) NORTH CAROLINA DEPARTMENT ) OF ENVIRONMENT AND NATURAL ) RESOURCES. DIVISION OF LAND ) RESOURCES, ) ) Respondent. ) The North Carolina Division of Land Resources ("DLR") of the Department of Environment and Natural Resources ("Department"), and the County of Harnett ("Petitioner"). hereby enter into this Consent Agreement and Settlement ("Agreement") in order to resolve matters in controversy between them pursuant to N.C. Gen. Stat. ~ 150B-31 (b). This matter arose out of the assessment of a civil penalty of $16.320.00 by the Director of DLR against Petitioner. - ,-- 260 This civil penalty was assessed on April 4. 1998, for violations of the Sedimentation Pollution Control Act of 1973 (ltSPCAIt), and the relevant rules promulgated lhereunder. as more fully described in the assessment documents. Without any trial of fact or law in the above-styled matter. IT IS THEREFORE AGREED BY THE PARTIES THAT: 1. The Petitioner shall pay $7,000.00 to the Department in settlement of the civil penalty. Payment shall be made by check and made payable to the North Carolina Department . of Environment and Natural Resources (or ItDENRIt), and delivered to the following address: Brian 1. McGinn Assistant Attorney General N.C. Department of Justice Environmental Division Post Office Box 629 Raleigh, North Carolina 27602-0629 2. The subject road shoulder and ditch shall have mulch and tacking in place by October 15.1998. 3. A top dress shall be applied to the groundcover area by November 15, 1998, and the groundcover area shall be over seeded and a top dress reapplied by April I, 1999. 4. The road entrance at Highway 421 shall be barricaded and closed until the roadway is paved. 5. The County shall periodically inspect the site, including inspecting after every hard rain in order to take any further maintenance measures necessary to prevent sedimentation and erosion loss. . 6. Upon breach of any conditions of paragraphs one through five. Petitioner shall owe the Department the entire amount of the original civil penalty assessments ($16,320.00). . 7. DLR shall accept the payment of $7,000.00 as specified in paragraph one in complete satisfaction of the civil penalty assessed by the Director for the violations referenced in this Agreement as long as no condition of this Agreement is breached. 8. Petitioner explicitly waive its right to a contested case hearing on the civil penalty assessed for the violations referenced in this Agreement. Petitioner additionally agrees to withdraw its petition for an administrative hearing previously filed with the Office of Administrative Hearings in this case. 9. Nothing in this Agreement shall restrict any right of DLR to take any enforcement action against Petitioner tor any future violations of the SPCA, and the relevant rules thereunder. arising after the date of the subject assessment in this matter or for additional violations occurring at the subject site. . FOR THE DIVISION OF LAND RESOURCES ~~ U.~_ # arles H. Gardner, Director Neil Emory, County Manager Date: "(2.-,(0,; Date: September 14. 1998 ------- -~-- ------- --- 261 "rJpt"l',I"~ ,~" th~ IJ.yn,"." . Attachment 8. e,;', .:,' ..':~ ~;~ ";.'1:"'19 Lf). - J.!l. - 9 V ---- V;;c,;,. -- - NEW ROAD NAMES & .t. AlflA.-~lt:..17..J O'~~ On SR ## Street Name Subd;v;s;oll Name TOWIIS/I;p Commellts 01.0 FARMS MAPlE ST OLD FARMS MHP ANDERSON CREEK OVERHIlLS RD17106JMHP J W EDWARDS LN AVERASBORO SUSAN TART RDlO/PR . RALEIGH VANN LN AVERASBORO FRIENDLY RDI102lPR BAYWOOD LN JERRY BAYLES MHP AVERASBORO WARREN RD/12451MHP REBEL LN BARBECUE ROSSER PITTMAN RD/1690/PR RED APPLE LN DUKE CRAP APPLE LN/385/PR PRICE LN GROVE DUKE RD/452/PR LONG HORN LN GROVE OLD STAGE RD NI29631PR CHESTER LN GROVE EBENEZER CHURCH RDI756/PR DOGWOOD ACRES LN DOGWOOD ACRES MHP GROVE AVERY RD17561MHP BAR-DEN LN HECTOR'S CREEK US 401 N/4523/PR AKOR PL JOHNSONVlLLE NC 2411621/PR GARY WILLIAMS LN UPPER LITTLE RIVER RODEO LNI26/PR MICHNO LN UPPER LITTLE RIVER NEWTON RD/491/PR BLACKMON LN UPPER LITTLE RIVER MCDOUGALDRD~~R - t.n::..__..n....; ~." ~"',:, :.!...._~~ C . ,. .~; ,"':- ....-,:- .-: 0:...__ -1.6.::.J 9. - 9 1i' . Road Naming Changes/Errors --'itJ- J Al~q (J 1. Change Jackson Hair Lane to DANIEL QUINN LANE. 2. Delete BOGEY LANE. 3. Change Morris Drive to STANDLI DRIVE. 4. Delete MAKEPEACE LANE. 5. Change Macadamia Lane to COLBY LANE. 6. Change Sweet Pepper Lane to STONE CROSS DRIVE. 7. Delete SEA GRAPE LANE. 8. Delete EDWIN MA TI'HEWS LANE. 9. Change Favcett Lane to FAUCETI' LANE. 10. Change Kiwi Lane to HIGH HOUSE LANE. 11. Change Eggplant Lane to BILL POPE LANE. 12. Change Pharmacy Lane to PHARMACY LOOP. . 13. Change Gordon Mason Lane to GORDON LANE. 14. Change Bloodhound Lane to EUGENE LANE. 15. Change Amanda Street to ROSE CLARK CIRCLE. 16. Change Ginger Lane to E. O. ADAMS LANE. 17. Delete ()TI'ER BRANCH LANE. 18. Change Sumac Lane to MOUNT SANDS LANE. 19. Change Indian Trail to APACHE TRAIL 20. Change Forest Oak to OAK FOREST DRIVE. 21. Change Foggy Bottom to BEAUTIFUL LANE. ----------- ------------------~---------------------------------- ~ ~ ~ ----- 262 .~I'!" ~l ,: e.." ':.. : :. . ",: r'...! C:;-...:~:: .~'\ ...:r' -..I _",,,: ,~_:::,;:',~'Jr. Additional Road Names D:;\" 10 - ,q . q $' . ~ .J. M4A.~o-'"J eJM~ 1. New - HARRIS LANE off SR2038 Fire Lane Rd in Anderson Creek Township on Map Grid C7 (ref. Fire Lane Rd/1143/PR) 2. Change - Bonanza Lane to SONNY DEE DRIVE. 3. New - MOSES TRIPP LANE off Maple Avenue in Dunn City Limits & Friendly Road in Averasboro Township (ref. Friendly Rd/428/PR) 4. New - ERIC MCCORMICK LANE off SR204S Elliott Bridge Rd in Stewart's Creek Township on Map Grid A6,B6 . (ref. Elliott Bridge Rd/73S8/PR) S. New - SWEET LANE off W Northpoint Rd in Anderson Creek Township on Map Grid AS,B6 (ref. W Northpoint Rd/114/PR) 6. New - HONEY DRIVE off W Northpoint Rd in Anderson Creek Township on Map Grid AS,B6 (ref. W Northpoint Rd/1141721PR) 7. Change - John Street in Carolina Pines MHP to JOHN DRIVE. 8. New - HELEN MATTHEWS DRIVE off SR1121 Ray Rd in Anderson Creek Township on Map Grid AS.B6 (ref. Ray RdI79/PR) 9. Change - Blue Fish Lane to S LENA DRIVE. 10. Change - Flounder Lane to N LENA DRIVE. 11. Change - Oakdale Drive in Oakdale MHP to OAKDALE STREET. 12. Change - Janet Lane to AMANDA STREET. Attachment 9. Resolution . III Support of the Proposed State Bond Issues for Water, Sewer and Natural Gas WHEREAS, the North Carolina General Assembly in its 1998 session ratified Senate Bill 1354, the Clean Water and Natural Gas Critical Needs Bond Act of 1998. Governor James B. Hunt, Jr., signed the bill into law and pledged his active support; WHEREAS, SB 1354 provides $800 million in loans and grants for much needed water and wastewater capital projects; WHEREAS, SB 1354 provides $200 million to extend natural gas service into underserved areas of the state; WHEREAS, a recent study has identified more than $11 billion in water and sewer capital needs, and the bonds are a critical step in meeting these long-range infrastructure needs; WHEREAS, the water and sewer bonds will assist local governments in all areas of the state to protect the quality of our surface and drinking waters and to promote sound economic development; WHEREAS, the water, sewer and natural gas bonds will facilitate smart growth and . result in more jobs for North Carolinians; and WHEREAS, the bond issues will help move North Carolina forward; NOW, THEREFORE, BE IT RESOLVED that the HARNETT COUNTY ROARn O'F C.OMMT~~T()NF.R~ . strongly supports the bond issues proposed by SB 1354 for water, sewer and natural gas and encourages citizens to vote in favor of these bond issues at the polls on November 3. Adopted by the HARNETT COUNTY BOARD OF COMMISSIONERS on the 19th dav of October .1998. Attest: .<9a- 8. ~ ~~/I.~ Dan B. Andrews. Chairman Board of Commissioners Kay S :lf1anchard ,.... '- _1_ ...._ ...1..._ D___A__ 263 Attachment 10. INTRA-DEPARTMENTAL BUDGET AMENDMENTS FOR THE PERIOD SEPTEMBER 26, 1998 - OCTOBER 12, 1998 . 1 Bud&et . . . . ; i Amendment Department Increase I I Date No. Department Account COde Description (Decrease) 10/1/98 83 MIS 10-4450-0570 Miscellaneous Expense ($1001'1' 10-4450-0260 Advertising $100.00 10/8/98 86 Elections 10-4300-0030 Salaries & Wages - Part-time ($'-'1(1(, 10-4300-0040 Professional Services $1.000.UO 10/8/98 93 Transportation 10-5551-0310 Gas. Oil. Auto Supplies ('-. ~ I 10-5551-0260 Advertising $7000 . .