HomeMy WebLinkAbout10151984HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, OCTOBER 15, 1984
CALL TO ORDER
EVENING PRAYER
READING OF MINUTES
AFFIRMATIVE ACTION
PLAN FOR HARNETT
COUNTY
CENTRAL CAROLINA
TECHNICAL COLLEGE -
HARNETT COUNTY CAMPU
The Harnett County Board of Commissioners met in regular session
on Monday, October 15, 1984, in the Commissioners Room, County
Office Building Lillington, North Carolina, with the following
members present: M. H. Brock, Bill Shaw, Lloyd G. Stewart, and
Chairman Jesse Alphin presiding. Vanessa W. Young, Clerk to
the Board; Hollie J. Wade, Recording Secretary; and Robert Morgan'
County Attorney, were also present. Commissioner Rudy Collins
joined the Commissioners meeting at 7:52 p.m.
Chairman Jesse Alphin called the meeting to order at 7:35 p.m.
Commissioner Bill Shaw led the evening prayer.
The minutes from the Harnett County Board of Commissioners meet-
ing of October 1, 1984, were approved as read.
Roger Sheats, Executive Director of Region "M" Council of Govern-
ments, appeared before the Board and presented for the Commis-
sioners consideration a proposed Affirmative Action Plan for
Harnett County. Mr. Sheats explained the purpose of an Affirma-
tive Action Plan and summarized the County's plan. Mr. Brock,
County Manager, informed the Board that if they did approve this
plan an EEO Officer would need to be appointed, and he recommended
that Addie McLean a member of the Manpower Staff, be assigned
this responsibility. Following a lengthy discussion, it was
the decision of the Board to postpone any action on the proposed
Affirmative Action Plan until the mid -month meeting in November.
John Phelps with the County Attorney's Office appeared before the
Commissioners and explained that at the Commissioners meeting of
S August 20, 1984, the Board adopted a resolution which authorized
the County to lease to the Board of Trustees for Central Carolina
Technical College for 50 years the building and site known as
the Industrial Training Center. Mr. Phelps continued to explain
that when the State was informed of these arrangements, the
North Carolina Department of Community Colleges notified CCTC
that a long -term lease was not sufficient. In order to obtain
this grant, the County would need to convey the title of the
building and property to the Board of Trustees for CCTC. Mr.
Phelps stated that after much discussion, it was determined that
the best solution to this situation would be for the County to
convey the building plus approximately 5 acres to the Board of
Trustees of CCTC and lease the remaining portion of this site to
them for a 50 year term. Mr. Phelps presented to the Board the
resolution authorizing this action and also the contract between
the County and the Trustees for the Commissioners consideration.
A lengthy discussion followed this presentation, during which
several concerns were expressed by Commissioner Collins and
Commissioner Shaw over conveying the building and property to
the Trustees. It was also stated that Legislation is not going
to create any more technical colleges in the counties and that if
Harnett County would like to provide this type of education
facility to the citizens of this County, this will probably be
our only opportunity to create such a facility. Commissioner
Shaw stated that he would feel better if we could lease the
property and building to the State rather than the Trustees. It
was explained that in order for CCTC to get the grant to expand
this facility, the building and property would have to be' titled td,
the Trustees. Following the discussion, Commissioner Brock made
a motion that the Board adopt the following resolution authoriz-
ing the conveyance of the Central Carolina Technical College -
Harnett County Campus Facility and Property to the Board of
Trustees of CCTC; Commissioner Stewart seconded the motion and
it passed upon the following vote: Ayes: Commissioners Stewart,
Brock and Alphin, Noes: Collins, Abstained: Shaw.
RESOLUTION AUTHORIZING CONVEYANCE OF
CENTRAL CAROLINA TECHNICAL COLLEGE - HARNETT COUNTY CAMPUS
FACILITY AND PROPERTY
W I T N E S S E T H:
The Harnett County Board of Commissioners has recognized that
certain educational facilities should be provided in Harnett County
to train County residents for employment at existing industries, to
attract new businesses and people to the County and to assure continued
employment for County residents.
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Seeking to fulfill these educational needs for the County, the Board
of Commissioners has heretofore authorized the creation of the Central
Carolina Technical College - Harnett County Campus, in conjunction with
the Central Carolina Technical ,College, as completely and fully set forth
in a. "Resolution .Authorizing Creation of Central Carolina Technical
`
College .= 'Harnett County Campus, duly adopted by the Board of Commis
Signers on August 20, 1984, and recorded in. Book 15, page' 480 -482 of the.
- Harnett County Board of Commissioners Minute Book (hereinafter "August
20 Resolution")
to the August 20 Resolution, Harnett County had purchase
- tract of.land located on Highway 421 between Lillington and Buies
Creek onwhich -.to construct a facility to-house educational facilities,.
org2nally called the Harnett County Industrial Trainang Center. This
tract was acquired by deed from Barbara J.Brownand - husband, Thomas R.--
Brown, Jr. '.dated - July 28, 1982 and recorded in Book .736, page 947 and:
Book 750, page 230 of the Harnett County Registry, (said "tract shall
hereinafter be referred to as "campus site").c
The August 20 Resolutionauthonized.the County to lease the campus .
site and the building currently being constructed to Central Carolina
Technical College for a term of fifty (50) years.
The purpose of the lease was to.satisfy certain rules and,regulations
of the-North-Carolina Department of Community Colleges to allow the
value of the Harnett County building to be counted towards a local match-
ing effort, thus enabling Central Carolina Technical, College to obtain funds-in. which to expand the existing structure.
Since August 20, 1984 it was determined by the North Carolina Depart-
ment of Community Colleges that along -term lease does not constitute
a contribution of local effort. Title to property must be held by the
.Board of Trustees of. Central Carolina Technioal College Thus, without
title to the property, Central Carolina Technical College would not ob-
tain the needed Eunds to expand the £acility
It has been determined, after numerous .discussions. and negotiations
that in order to proceed with creation and completion of the Central
Carolina - Technical College; — Harnett County Campus, title to the facili-
ty building currently under construction and a portion of the campus site
should be conveyed to' central.Carolina - .Technical College, with the re-
mainder of the campus-site leased to Central Carolina Technical College .
for fifty (50) years.
A Contract.and Lease Agreement has-been prepared incorporating
those matters and things originally authorized by the Board of Com-
missioners on August 20, 1984, save and except the changes described
above regarding conveyance of the building and a portion of the campus
site.' The Contract and Lease Agreement reflects the changes described
hereinabove. A copy of the Contract and Lease Agreenient is attached
hereto as Exhibit 1 and is incorporated herein be reference as if
fully set out verbatim.'
The Harnett.County:Board of Commissioners now-desires to authorize
the execution of the aforenientioned Contract and Lease Agreement.
NOW, THEREFORE,. BE: IT RESOLVED BY THE HARNETT COUNTY BOARD OF
COMMISSIONERS THAT
1. Harnett County,,. by and through its dzily. designated officers.
-are hereby. empowered and authorized to enter into the Contract and
Lease Agreement attached hereto as Exhibit 1.
"...2 Harnett - :County, by. and . - through, its .duly designated officers,
-agents and representatives arehereby 'empoweredandauthorized to do .
all acts and things, .and executethenecessary documents and papers
including, but not limited to, - deedsand leases, in order to imple
ment and complete the responsibilities. and agreements of Harnett County
made in said.'Contract and Lease Agreement. •
RESOLVED-this the 15th day of.'October, 1984.
HARNETT COUNTY BOARD OF COMMISSIONERS
Jesse >Alphin, Chairman
s/ Lloyd G. Stewart
s/ M. H. Brock
CONTRACT AND LEASE AGREEMENT
THIS CONTRACT AND. LEASE AGREEMENT, made and entered into this the
15th day of October, 1984, by and between HARNETT COUNTY, a body politic
organized and existing under the laws of the State of North Carolina
(hereinafter "County ") and CENTRAL CAROLINA TECHNICAL COLLEGE, an
educational institution operating under and by virtue of N. C. Gen.
Stat. Chapter 115D, (Hereinafter "Central Carolina ").
W I T N E S S E T H:
WHEREAS, County, by and through its Board of Commissioners, has
recognized that certain educational facilities should be provided in
Harnett County to train County residents for employment at existing
industries, to attract new businesses and people to the County and to
assure continued employment for County residents, and
WHEREAS, Central Carolina has agreed to provide substantial finan-
cial assistance to County in the construction of a facility to provide
educational opportunities and has agreed to create a Central Carolina
Technical College - Harnett County Campus, and
WHEREAS, County is the owner of a tract of real property fully
described in that certain deed dated July 28, 1982 from Barbara J.
Brown and husband, Thomas R. Brown, Jr. to County of Harnett, recorded
in Book 736, page 947 and Book 750 page 230 of the Harnett County
Registry, (said tract shall hereinafter be referred to as "campus site "),
and
WHEREAS, County has heretofore begun construction of a facility
for educational purposes on said campus site, previously known as the
Harnett County Industrial Training Center, and
WHEREAS, County and Central Carolina have caused certain plans and
spedifications (attached hereto as Exhibit A ") to be completed which
set out certain modifications and additions on the facility currently
under construction, and
WHEREAS, it is agreed by County and Central Carolina that such
modifications and additions should be incorporated into the facility,
(said facility with all modifications and additions shall hereinafter
be referred to as "completed facility ") and
WHEREAS, it is agreed that County shall convey to Central Carolina
a portion of the campus site hereinabove described upon which the com-
pleted facility shall be located (hereinafter "conveyed premises "); and
WHEREAS, County has agreed to lease to Central Carolina the
remainder of the campus site, (hereinafter "leased premises "); and
WHEREAS, Central Carolina has agreed to construct on the conveyed
premises the completed facility to house the Central Carolina - Harnett
County Campus in accordance with the plans and specifications prepared
by Moore, Gardner and Associates, Asheboro, N. C. entitled "Harnett
County Industrial Training Center, Project No. 2501" and dated October
1983, as modified and amended by the plans and specifications attached
hereto as "Exhibit A ".
NOW THEREFORE, in consideration of the mutual representations,
warranties, convenants, and agreements contained in this Contract and
Lease Agreement, and for good and valuatle consideration, the receipt
and sufficiency of which are hereby acknowledged, the parties hereto
hereby agree as follows:
I. That County shall on October 25, 1984 convey to the Trustees of
Central Carolina Technical College, fee simple title to the following
tract of land (hereinafter "conveyed premises ") upon which shall be
located the completed facility hereinabove described:
BEGINNING at a point located North 77 deg. 50 min. 07
sec. West 60 ft. from an existing iron stake (control
corner), said existing iron stake (control corner) being
located at the point where the dividing line between the
property of Harnett County (as acquired in Book 750, page
230 of the Harnett County Registry) and Celia J. Melvin
intersects the northern right of was of U. S. Highway
421, and thence from the beginning point hereinabove des-
cribed North 12 deg. 11 min. 35 sec. East 440.03 ft. to a
point, thence North 77 deg. 48 min. 25 sec. West 665.29
ft. to a point in the line of the Joel Layton Estate and
running thence with the line of the Joel Layton Estate
504
South - 42. deg. .13- min..00 sec._ West129.23 ft. to an
existing iron stake (control corner) - thence South 49 deg.`
18 min. 44 sec. East 242.76 ft. to an existing iran stake,
then South 42. deg. 44 min. 52 sec. East 369.81 ft. to
an .existing iran stake in the northern right of way of
U: S. Highway 421 and running thence with the northern
right `ofway of said highway South 77 deg. 50 min. 07
sec. East 213.88 ft. to the point and place -of beginning.;
(Said tract is set forth on a plat prepared by Ragsdale
Consultants, P.A., entitled "CentralCarolinaTechnical.-
College - Harnett County Campus" dated October 12, 1984
and is designated on the said plat as "Site of the Harnett
County Industrial Training. Center 5.23. acres "..
The above described tract .is -a portion of the property
acquired by Harnett County by deed dated July 28, 1982
from Barbara. J. Brown and husband, Thomas R. Brown, Jr.,..
recorded,.in Book 736, page 947 and Book. 750,': page 230,
Harnett County Registry.
IL That Central Carolina shall cause to Le erected and constructed
the conveyed premises the completed facility hereinabove described
with the plans and specifications prepared by Moore, Gardner and
Associates,.. Asheboro, ' North Carolina, entitled "Harnett County Indus
trial Center, Project No 2501" and dated October, 1983, as modified
and amended by the plans and specifications attached hereto as
"Exhibit A
III. That County has leased and by these presents does grant, demise
and lease unto Central Carolina. and. Central- Carolina does hereby
lease from County a certain tract or parcel of land in Neill's Creek
Township, Harnett County, N.C. together with the improvements located
thereon, (hereinafter leased premises); said. tract of land being more
.fully described as follows:
BEGINNING at an iron stake on the SW -side . of an old road,'.
the original SW corner of theD.W. Johnson Property, and
a corner with the Joel Layton Estate, and runs as the
original property line and as the line af the Joel Layton
Estate North 42. deg. 15 Min. East 1579 ft-. to an iron stake
in said line, corner for #1 and #2 of this division; thence
as the line of #1 and #2 South 12 deg.. 12 min. West 1696.5 ft.`
to an iron stake in the R/W of U. S #421,. Highway, R/ @ being
...
75 ft from the center of the road, said -iron stake being a
corner for lot #S and . #2; thence as the R/W of the highway
North 77 deg. 48 min., west 274. ft. to an iron' stake in the
line of the Joel Layton Estate, thence as said lane North
42 deg..43 min. West 370 .8 ft..to an iron stake in an old
...road, corner far -the Joel Layton Estate, and a corner for
D.-W.. Johnson, thence North 49 degrees 19 minutes West.
242 feet to the point of BEGINNING and- contains'76.4..acres,.
more or less, and is lot #1 of the D. W. Johnson Division.
Being that portion numbered #1 on a plat and survey dated
March 31, 1969 made by W. R. Lambert, REgistered Land
Surveyor and recorded in.:Map Book 14, Page 47, Harnett County
REgistry.
Harnett -; County . acquired the aforesaid .:property by deed.
dated July 28, 1982 from .Barbara -J. Brown and husband,
Thomas R Brown, Jr recorded in Book 736 page, 947 and
Book 750, page 230, Harnett County Registry.
EXCEPTED.. AND EXCLUDED :from the above described property is
the following described property:
BEGINNING at a:: point_ located North 77 deg '' 50 min. 07 sec.
Sest 60 ft. from an existing iron stake (control
corner), said existing iron stake (control corner) being
located at the point where the daviding lane between the
property of Harnett County (as acquired in Book 750, page
230 of the Harnett County. Registry) and 'Celia .J.- Melvin
..
intersects the northern right of way of U. S. Highway.
421, and thence from the beginning point.hereinabove
described North 12 deg. 11 min. 35 sec. East 440.03 ft. to
a poant, thence North 77 deg 48 min. 25: sec. West 665.29'
ft. toa point 'in the line of the Joel Layton Estate and
running thence with the line of the Joel Layton Estate
South 42 deg. 13 min. 00 sec. West 129.23 ft. to an
existing iron stake (control corner) thence South 49 deg.
18 min. 44 sec. East 242.76 ft. to an existing iron stake,
thence South 42 deg. 44 min. 52 sec. East 369.81 ft. to
an existing iron stake in the northern right of way of
U. S. Highway 421 and running thence with the northern
right of way of said highway South 77 deg. 50 min. 07
sec. East 213.88 ft. to the point and place of beginning.
(Said tract is set forth on a plat prepared by Ragsdale
Consultants, P.R., entitled "Central Carolina Technical
College - Harnett County Campus" dated October 12, 1984
and is designated on the said plat as "Site of the Harnett
County Industrial Training Center - 5.23 acres ".
TO HAVE AND TO HOLD the aforesaid leased premises, together with
the improvements located thereon and all privileges and appurtenances
thereunto belonging unto Central Carolina upon the following terms
and conditions:
A. TERM. The term of this Contract and Lease Agreement shall commence
October 25, 1984 and shall continue for a term of fifty (50) years
unless sooner terminated in accordance with the terms hereof.
B. Rental. As rent for said leased premises, Central Carolina shall
pay to County an annual rent of One ($1.00) Dollar to be paid for
the first year upon the tender of the leased premises and thereafter
on the same date each year thereafter for the fifty (50) year term.
C. TERMINATION. This lease is entered into on the express condition
that in the event Central Carolina fails to perform its obligations
under this Contract and Lease Agreement as set forth herein for the
term of this Contract and Lease Agreement, then and in that event,
County shall have the option to declare the lease term ended, and
to recover possession of the demised premises and to expel and
remove Central Carolina and all persons in or on the demised premises
or any part thereof, whether with or without process of law, and to
enjoy the possession as if this lease had not been executed.
D. OBLIGATIONS OF CENTRAL CAROLINA. Central Carolina hereby covenants
and agrees with County as follows:
1. Central Carolina agrees to accept said leased premises upon ten-
der by County as set out and will thereupon and thereafter pay the rent
as herein specified.
2. Central Carolina agrees to create and operate a Central Carolina,
Technical College - Harnett County Campus in the completed facility
herebefore dexcribed on the leased premises and conveyed premises for
the term of this Contract and Lease Agreement.
3. Central Carolina agrees to provide on the Central Carolina
Technical College - Harnett County Campus, in accordance with N. C.
Gen. Stat. Chapter 115D and the purpose of North Carolina Community
Colleges and Technical Institutions for the term of the Contract and
Lease Agreement, courses offering vocational and technical education
and training, and of basic, high school level, academic education
needed in order to profit from vocational and technical education, for
students who are high school graduates or who are beyond the compul-
sory age limit of the public school system and who have left the
public schools.
Courses to be offered at the Harnett County Campus will be deter-
mined pursuant to N. C. Gen. Stat. Chapter 115D, upon the consulta-
tion and advisement of the offices of Central Carolina Technical
College, the Board of Trustees of Central Carolina Technical College,
the Harnett County Advisory Committee to the Harnett County Campus
of Central Carolina Technical College and officers of the State Board
of Community Colleges.
4. Central Carolina shall make provisions for a Harnett County
Advisory Committee to the Harnett County Campus of Central Carolina
Technical College to provide adequate representation for Harnett
County in regards to policy making decisions affecting the Harnett
County Campus. The committee shall be appointed as follows:
a. The present Harnett County Industrial Center Advisory Committee
shall be the original advisory committee for the Harnett County Campus
of Central Carolina Technical College. As the terms of the current
committee members expire, the members of the committee shall be
appointed by Central Carolina Technical College upon recommendation
508
of the Harnett County Board of Commissioners.
b. The Chairman of the Harnett County Board of Commissioners or a
designated member of the Board shall serve as a member of the Advisory
Committee to the Central Carolina Technical College - Harnett County
Campus.
5. Central Carolina shall provide office space in the Central Carolina
Technical College -. Harnett County Campus completed facility for the
Ifarnett County Industrial Development Commission and allow said
Commission access to and use of the Conference Room located therein.
E. OBLIGATIONS OF COUNTY. County hereby covenants and agrees
with Central. Carolina as follows:
1. That it will put Central Carolina in actual possession of the
herein demised premises at the beginning of the term aforesaid and that
Central Carolina, on paying the said rent and performing the covenants
herein by it to be performed, shall and may peaceably and quietly have,
and enjoy the said demised premises for the said term.
2. Pursuant to N. C. Gen. Stat. 115D -32 provide for the following
operational, maintenance and support expense for the Central Carolina
Technical College - Harnett County Campus:
a. Salaries of janitors, maids, watchmen, maintenance and repair
employees.
b. Cost of fuel, water, power, and telephones.
c. Cost of janitorial supplies and materials.
d. Cost of operation of locally owned motor vehicles.
e. Cost of maintenance and repairs of buildings and grounds.
f. Maintenance and replacement of.furniture and equipment provided
from County's funds, if any.
g. Maintenance of plant heating, electrical, and plumbing equipment.
h. Maintenance of all other equipment, including motor vehicles,
provided by County, if any.
i.. Any other expenses necessary for plant operation and maintenance.
j. Cost of insurance for buildings, contents, motor vehicles,
workers' compensation for institutional employees paid from County
funds, and other necessary insurance.
k. Any tort claims awarded against the institution due to the
negligence of the institutional employees in regard to activities,
at, for, or performed in connection with the operation of Central
Carolina Technical College Harnett County Campus..
Legal fees incurred in connection: with County administration
and operation of the institution.
In the event that N.C. Gen. Stat. 115D-32 is amended then and in
that event the duties and responsibilities of both parties to this
Contract and Lease Agreement shall be modified so as to be consistent
with the provisions of said Statute as amended.
IV. County. and Central Carolina represent and warrant, each to the
other, the existence of all capacity, authority, resolutions and
actions necessary to execute this Contract and Lease Agreement.
V. The covenants and agreements contained in this Contract and Lease
Agreement are binding on the parties hereto and their successors,
assigns, and legal representatives.
VI. This Contract and Lease Agreement shall become effective upon
execution by both parties hereto and neither party shall be bound
hereunder until the same has been duly executed by both parties.
VII. This Contract and Lease Agreement is executed in duplicate ori-
ginals, one of which is retained by each party hereto.
IN TESTIMONY WHEREOF, County has caused this Contract and Lease
Agreement to be signed in its name by the Chairman of the Harnett
County Board of Commissioners and attested by the Clerk to said
Board, and sealed with the common seal of said County, all under
authority granted by the Harnett County Board of Commissioners, and
Central Carolina has caused this Contract and Lease Agreement to be
signed in its name by the Chairman of the Board of Trustees of
Central Carolina Technical College and attested by the Secretary to
said Board, all under. authority granted by the Board of Trustees of
Central Carolina Technical College, on the day and year set forth above.
1
BUIES CREEK /COATS
WASTEWATER DISTRICT
Ci 0
Signed by Harnett County, this the 15th day of October, 1984.
BY:s /Jesse Alphin
Jesse Alphin, Chairman of the
Harnett Co. Board of Commissioners
ATTEST:
s /Vanessa W. Young
Vanessa W. Young, Clerk to the
Harnett Co. Board of Commissioners
E. Marshall Woodall, Attorney for Buies Creek /Coats Wastewater
District, appeared before the Board and informed them that
since the County has taken over the operation of the wastewater
treatment plant in Buies Creek, their records indicate that the
volume of wastewater flowing into the plant is greatly in excess
of what has been reported and what was anticipated at the time
of the planned construction of the wastewater district and the
planned improvements to the treatment plant. Mr. Woodall shared
with the Board reports from the Public Utilities Department
which indicated that the Wastewater Treatment Plant has the
capacity to treat 500,000 gallons per day and it is projected
that the flow from the district and the flow from Campbell
University would flow in excess of the capacity during wet
weather. It was also pointed out that heavy waste from the
University's cafeterias create shock loadings on the plant which
require a lot of oxygen and which in turn affects the plant's
efficiency in the treatment of waste. Mr. Tart stated that he
has talked with Campbell officials, and they have made extreme
efforts to help alleviate this problem but the only solution
would be to expand the plant. Mr. Woodall explained that there
are excess funds (approximately $200,000) in the construction
project which could be used for the expansion of the treatment
plant. He reported that the County has already contacted FmHA,
and they assured the County officials that these excess funds
can be used for the expansion of the plant. Following a lengthy
discussion, Commissioners Collins made a motion that the follow-
ing resolution be approved authorizing the County Manager to
instruct the engineers to study this situation to see what pro-
posed solutions are available and also authorized him to meet
with Campbell officials and the Buies Creek /Coats Advisory
Board to discuss this matter; Commissioner Shaw seconded the
motion and it carried with a unanimous vote:
RESOLUTION
WHEREAS, reports have been made to the Harnett County Board of
Commissioners from the County's Engineer, Public Utility Department,
and the Advisory Board of the Buies Creek /Coats Water & Sewer District
and it has been made to appear to the Commissioners as follows:
1. That the construction of the Buies Creek /Coats Water & Sewer
District Collection System and those certain planned improvements to
the County's Treatment Plant on Buies Creek have been completed.
2. Since the operation of the County's Treatment Plant was assumed
by the County Public Utility Department in January of 1983, the volume
of wastewater flow into the treatment plant has been greatly in excess
of the amount reported and anticipated at the time that the construction
project of improvements to the plant were begun.
3. That the collection system of Campbell University has experi-
enced certain problems with inflow and infiltration to its collection
system and that the University has spent considerable sums of money
in repairing its system, but that the volume of waste water flow from
said system to the treatment plant remains much greater than antici-
pated at the time that the improvements to the treatment plant were
formulated.
4. That since commencement of the operation of said plant by
the County Utility Department the treatment plant from time to time
has received shock loadings of organic matter (concentrations in excess
of 300 milograms per liter) which are in excess of the treatment
plant desing capabilities (250 milograms per liter) thereby causing
enormous oxygen requirements to the extent that the same adversely
affects the plant's efficiency in the treatment of waste.
5. That hydraulic loadings of said plant when all potential
users are connected will from time to time exceed the plants capability.
508
6. That with`the ` ekcessive- organic -'and hydraulic loadings on the treat
meat plant from time-to time, the County can expect to be faced with .
serious operational problems to the extent that the plant's effluent
will exceed its National Pollution Discharge 'Eliminations .:System permit
as issued by the Division of Environmental.Management of the North
Carolina Department of Natural Resources and Community Development.
7. That the plant is approximately twelve years of age and
that certain.mechanical equipment in the plant is not operating to .
its capacity and further that if it were operating to capacity, the
plant would not -be able to handle the peak hydraulic and organic load-
ings being experienced - i.e. that is to say the treatment plant has .
need of greater retention capability and of greater oxygen requirement- -
that can be furnished with the - present equipment at the plant.
'.r8. That the anticipated probelms of :the plant are of such
action should be_ takenimmediately to study and
make decisions as to'furtherimprovements at the plant as soon as
possible_
9. That there rmains excessfunds in• the construction project
being corapleted and that in as rnuch as the constructj.on project
involvedcertainimprovements. atthetreatment 'plant,..:theCounty has
-been' advised that the current project may be amended to use the
balance of the funds for further improvements -at the treatment plant:
NOW,- THEREFORE, BE IT. RESOLVED; AS FOLLOWS:.
1. That the- County Manager be and he is hereby authorized to
immediately instruct the County's engineer, Moore- Gardner & Associates
make such further studies that maybe necessary,` consult with the
engineer and officials of campbell University to obtain input and to
formulate alternative proposals of.- solution and to report back to the
Advisory Council and the County. Board of Commissioners as soon as
possable such alternative proposals concerning further - improvements to
as will solve theproblems.mentioned.
2.. That the County Manager be and he is hereby authorized to.
meet with the officials of. Campbell. University, the members of the
Advisory Council of the Buies Creek /Coats Water &- Sewer - District and
the officials of the County - Utility Department and take such steps;
'as is necessary to hold subsequent meetings for study and, discussion...
of alternative proposals concerningfurtherimprovementstothetreat-
mentplant...
3. That the officials of the.:: County sahll take such further
actions as necessary to carry out the intent of this resolution.
This the 15th day of October, 1984.
HARNETT :COUNTY BOARD OF COMMISSIONERS
By s /Jesse Alphin
Jesse:Alphin,.Chairman
ATTEST:
s /Vanessa W. Young
Vanessa :W.Young, Clerk..
PUBLIC UTILITIES BIDS M. H. Brock, County Manager, presented the following report to the
ON TWO PICK -UP TRUCKS Board concerning the bid opening on the two economy pick -ups for
the public utilities department:
On October 2, 1984, the bid opening on the purchase of two economy
pick -ups was held in the Commissioners Room, County Office Building.''
The following. persons were present for the bid opening: Kay Hawley,
Wade, M.H. Brock, Rodneg Tart, and C. H. Brock with Brock Chevro-
let, Inc At 10:00 a.m., Mr. Brock informed the group that the County
has received three bids on the pick -up as follows: one from Sexton
Ford in Lillington, One from Mitchell - Chevrolet` in Fuquay, and one from
Brock Chevrolet in Lillington. .Br: M. H. Brock stated that he does not
have any interest in Brock Chevrolet but he is a relative of the owner
of the business and therefore he excused himself from the bid opening
and presented to- Rodney. Tart the three sealed bids to be opened and
awarded by Mr.- Tart, Director of Public Utilities and;Hollie Wade, Secre-
tary with the County Manager's Office. Mr. Tart proceeded to open the
bids and announced the bid proposal from each one as follows
DATA PROCESSING
BUDGET AMENDMENT
AMBULANCE REPORT
NEW AMBULANCE
STANDARDS OF CON-
DUCT
OW)
Dealer Type of Vehicle No. 1 No. 2
1. Sexton Motor Sales Ford Ranger Base
Lillington Tax
Total
2. Mitchell Chevrolet S10 Chev. Base
Fuquay Tax
Total
3. Brock Chevrolet S10 Chev. Base
Lillington Tax
Total
- $7,358.43
- 147.17
- $7,358.43
- $7,608.60
- 152.17
- $7,760.77
- $6,889.00
- 137.70
- $7,026.78
$8,864.38
177.28
$9,041.66
$9,198.00
188.96
$9,381.96
$8,348.00
167.00
$8,515.00
It was noted by the Committee that the quote from Sexton Motor Sales on
the base price ($7,358.43) and the quote on the total price ($7,358.43)
was the same price but even if the sales tax ($147.17) was subtracted
from the base price, the quote from Sexton's would not be the lowest
bid. After reviewing the bids, it was the Committee's decision to
award the bid to Brock Chevrolet, Inc., in Lillington which had sub-
mitted the lowest proposal on Vehicle No. 1 and on Vehicle No. 2.
The results of the bid opening will be reported to the Board at its
meeting of October 15, 1984.
Vanessa W. Young, Finance Officer, appeared before the Board and
requested that an amendment to the Data Processing budget. Mrs.
Young explained that $8,000 needs to be transferred from Capital
Outlay to Maintenance and Repair to cover the maintenance contract
on the new computer and the maintenance on the old B800 in the
Tax Department. Commissioner Stewart made a motion that the
Data Processing Budget be amended as follows: Code 10- 4450 -016
Maintenance & Repair, be increased by $8,000 and Code 10- 4450 -074,
Capital Outlay, be decreased by $8,000; Commissioner Collins
seconded the motion and it carried with a unanimous vote.
The ambulance report for September, 1984, was filed with the Boar
Mr. Brock informed the Board that the new ambulance which the
Board authorized the County to purchase will be picked up on
Friday.
Ervin Dobson, Director of Planning, appeared before the Board and
presented for their consideration a resolution adopting formal
Standards of Conduct. Mr. Dobson explained that these standards
of conduct have always been followed by the County, but the County
is required to put them into writing and officially adopt them
in order to comply with the mandates of some of the programs
which receive federal funds; such as our HUD Programs. Commis-
sioner Stewart made a motion that the Board adopt the following
resolution formally adopting Standards of Conduct for the County;
Commissioner Collins seconded the motion and it carried with a
unanimous vote:
WHEREAS, the Board of County Commissioners of Harnett County desires
that formal Standards of Conduct in conformance with OMB Circular
A -102 be followed by its officers, employees, or agents engaged in
the award and administration of all contracts supported by Federal
funds; and
WHEREAS, such standards of conduct shall prohibit any officer, employee,
or agent from participation in the award or administration of Feder-
ally supported contracts, if a conflict of interest, real or apparent,
would be involved.
NOW, THEREFORE, be it resolved by the Board of Commissioners of
Harnett County as follows:
Section 1. No officers, employees, or agents of Harnett County
shall solicit or accept gratuities, favors, or anything of monetary
value from contractors, potential contractors, or parties to aub-
agreements.
Section 2. No member, officer, or employee of Harnett County or its
designees or agents, no member of the governing body of the locality
in which Federal projects are situated, and no other public official
of such locality or localities who exercises any functions or respon-
sibilities with respect to any projects during his tenure or for one
rbl°
SUBDIVISION PLATS
JANICE HARRINGTON
CHARLES ATKINS
Year thereafter, shall have any interest direct or indirect, in any
contract or subcontract, or the proceeds thereof, for work to be
performed in connection with any Federally assisted project.
Section 3. Penalties, sanctions, or other disciplinary actions
for violation of standards as set forth in Sections 1 and 2 of this
resolution shall be persued to the extent permitted by state or local
law or regulations by the Board of Commissioners of Harnett County.
Section 4. This resolution shall take effect immediately.
CONE THIS 15th Day of October, 1984.
HARNETT COUNTY BOARD OF COMMISSIONERS
BY: s /Jesse Alphin
Jesse Alphin, Chairman
ATTEST
Ervin Dobson presented for the Board's consideration a one -lot
subdivision plat titled Spring Hill No. 2, owned by Janice
Harrington in Upper Little River Township. Commissioner Collins
made a motion that the Board approve the above - described plat
contingent upon the approval by the Health Department; Commis-
sioner Brock seconded the motion and it passed upon the following
vote: Ayes: Commissioners Brock, Alphin, Shaw, and Collins;
Noes: None; Abstained: Commissioner Stewart. Janice Harrington
is Commissioner Stewart's daughter and Mr. Stewart did not vote
because of "Conflict of Interest ".
Ervin Dobson, also presented for the Board's consideration another
subdivision plat for Charles Atkins, located near Tingen Store,
west of SR 1117. Commissioner Stewart made a motion that the
above - described subdivision plat be approved contingent upon
the approval by the Health Department; Commissioner Shaw seconded
the motion and it carried with a unanimous vote.
CHILD RESTRAINT M. H. Brock, County Manager, informed the Board that at its meet -
LOANER PROGRAM ing of July 2, 1984, the County entered into an agreement with
AGREEMENT the Governor's Highway Safety Program for the Local Government
Child Restraint Loaner Program in which the County requested
25 car seats for the Western Medical Group. Mr. Brock continued
to explain that Betsy Johnson Memorial Hospital would also like
to offer this program to the citizens in their community and would
like for the County to amend its agreement with the GHSP to ob-
tain 30 additional infant seats to be used by the Hospital.
Commissioner Collins made a motion that the Board approve the
following amendments to the Local Government Child Restraint
Loaner Program Agreement between the Governor's Highway Safety
Program and Harnett County County; Commissioner Shaw seconded
the motion and it carried with a unanimous vote.
AMENDMENT TO
LOCAL GOVERNMENT CHILD RESTRAINT LOANER. PROGRAM AGREEMENT
BETWEEN
NORTH-CAROLINA GOVERNOR'S HIGHWAY SAFETY PROGRAM
AND
COUNTY OF HARNETT.
For the. - purpose. of adding an additional-group or agency to -the original
agreement between' the' coanty and GHSP.,,
This document hereby amends the above referenced AGREEMENT as follows:
1. The County Manager of Harnett County designates an additional
local service group or County agency as follows:
Betsy Johnson Memorial_ Hospital, Inc.
2. The County Manager of Harnett County will obtain 30 additional
crash - tested CRD's and use them in this program.
3. The GHSP will provide the County or City with an additional total
of 30 Century Infant Love Seat(s) for use in this program.
4.. The group designed in (1) above will fulfill the requirements
specified in the original contract for a two (2) year period from
the date of this amendment.
This amended agreement is made and entered into this the 15th day of
October, 1984.
ATTEST:
s /Vanessa W. Young
Clerk
COUNTY MANAGER OF HARNETT
BY:s /M:. H. Brock
CHILD RESTRAINT
SEATS
LANDFILL REPORT
READER PRINTERS
REGISTER OF DEEDS
ELECTIONS OFFICE
EXTRA PERSONNEL
Commissioner Collins made a motion that the Board approve the
following lease agreement between Betsy Johnson Memorial Hos-
pital and Harnett County for the Child Restraint Seats; Com-
missioner Shaw seconded the motion and it carried with a
unanimous vote:
LEASE AGREEMENT
A. For the sum of One Dollar ($1.00) per year, the Harnett County
Board of Commissioners hereby agrees to lease to the Betsy
Johnson Memorial Hospital, Inc. 30 Century Infant Love Seats.
TERM OF AGREEMENT
B. Unless sooner terminated by either party upon giving thirty (30)
days written notice, this Agreement shall cover a period of
two years from the date of this Agreement.
C. Betsy Johnson Memorial Hospital (lessee) agrees to provide man-
power for the two year period of this Agreement of distribute
above infant carriers within the County of Harnett and to
operate the distribution program during the two year period
in accordance with the provisions of the LOCAL GOVERNMENT CHILD
RESTRAINT LOANER PROGRAM AGREEMENT between the N. C. Governor's
Highway Safety Program and the County of Harnett dated October 15,
1984.
D. If Betsy Johnson Memorial Hospital (lessee) fails to continue
a distribution program for the full two year period from the
date of this Agreement, Betsy Johnson Memorial Hospital (lessee)
shall return the seats to the lessor who will return them to
GHSP for subsequent use.
E. If Betsy Johnson Memorial Hospital (Lessee) continues and expands
the distribution program for the full two -year period following
the date of this agreement, all safety seats shall become the
property of the lessee and all agreements between the County of
Harnett and Betsy Johnson Memorial Hospital (lessee) are discon-
tinued.
In witness whereof, said parties hereto have executed this
Agreement on the date herein shown below.
Executed by the County of Harnett, State of North Carolina this
the 15th day of October, 1984.
COUNTY OF HARNETT
s /Hollie J. Wade BY:s /M. H. Brock
Witness
Chairman of the Board of County
Commissioners (or County Manager)
Commissioner Bill Shaw reported to the Board that the Scraper
at the Dunn -Erwin Landfill has broken down. He reported that
it will cost the County approximately $141,610 to buy a new
one or $22,000 to $24,000 to fix the old one and the Board
needs to decide which they feel would be more advantageous to
the County. Following a discussion, Commissioner Collins made
a motion that the County Manager be and he is hereby authorized
to accept bids for a new scraper for the County Landfill
Program; Commissioner Stewart seconded the motion and it carried
with a unanimous vote.
Commissioner Collins reported to the Board that he has received
a complaint from a lawyer in town that the reader printers at the
Register of Deeds office are in need of repair.
Mr. Brock reported to the Commissioners that Virginia Warren,
Supervisor of Elections, has requested extra personnel to help
in her office for approximately 80 hours to help process the
4,000 new registered voters, transfers and other changes. Mr.
Brock explained that since the request from Mrs. Warren that Bill
Randall, Chairman of the Board of Elections , has met with him
and explained that Ms. Warren and Mary Jerningan have planned to
work overtime to see if they could process these changes without
hiring any extra help. Mr. Brock continued to explain that
Mr. Randall informed him that the State Board of Elections has
notified the County that an extra person needs to be placed
at each of the polling places on election day because of the
anticipated large voter turnout. Following a discussion,
Commissioner Collins made a motion that the County Manager be
authorized to work with the County Attorney to determine
bl
BOARD OF EDUCATION
AUDIT, 83 -84
BUNNLEVEL FIRST
RESPONDERS
ADJOURNMENT
whether or not the County needs to employ this extra manpower, know-
ing that the Board does not want to take this action unless it is,
absolutely necessary, Commissioner Shaw seconded the motion and it
carried with a unanimous vote.
Mr: Brock presented to each of the Board members a copy of the
audit for the Board of Eduction for the F. Y. 1983 =84.
Mr. Brock, County Manager, shared with the Board members a letter
from Bunnlevel First Responders thanking the County for the ambu-
lance which was recently conveyed to them.
There being no further business, the Harnett County Board of
commissioners meeting of October 15, 1984, was duly adjourned at
9:45 p.m.
/ Lai/ .1
taiWIRMAN,
CJ
SE RETARY
CLERK
W