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HomeMy WebLinkAbout0407198621 HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, APRIL 7, 1986 The Harnett County Board of Commissioners met in regular session on Monday, April 7, 1986, in the Commissioners Room, County Office Building, Lillington, North Carolina, with the following members present: Lloyd G. Stewart, Bill Shaw, and Chairman Jesse Alphin presiding. Vanessa W. Young, Clerk to the Board; Dallas Pope, Assistant County Manager; Bob Jones, representing the County Attorney's Office; and Hollie J. Wade, recording secretary were also present. CALL TO ORDER Chairman Jesse Alphin called the meeting to order at 9:13 a.m. PRAYER Commissioner Bill Shaw led the morning prayer. MINUTES APPROVED The minutes from the Harnett County Board of Commissioners meeting of March 17, 1986, were approved as read. DOT Chairman Alphin informed the group that Commissioner Brock was not present this morn- ing because of sickness. Commissioner Collins was also absent for business reasons. Billy Isom, District Engineer with the North Carolina Department of Transportation, appeared before the Board to discuss road matters and situations in Harnett County. Commissioner Shaw advised Mr. Isom that Lakeshore Drive in Twin Lakes was in need of maintenance. AUDIT PROPOSAL Oscar Harris presented to the Board for consideration a proposal from Oscar N. Harris PRESENTED BY $ Associates, Accounting Firm, to provide auditing services to the County of Harnett OSCAR HARRIS for the fiscal year 1985 -86. Mr. Harris explained that state and federal regulations requiring the implementation of the single audit concept for county government has increased audit requirements considerably. Due to this increase in audit work an increase in cost is reflected for required audit services. He continued to explain that the single audit concept requires a compliance audit of each federally- assisted program in which the County participates. This new approach will require an indepen- dent auditing firm to complete an audit on each of the federally- assisted programs; including, HUD, Department of Human Resources, Health Department, Department of Social Services, Youth Services, and Revenue Sharing, The compliance audit will be the responsibility of the independent auditing firm, which will eliminate auditors from the state and federal government coming into the County and individually auditing these departments, as has been the policy in the past. He explained that his firm is submitting a total proposal in the amount not to exceed $28,500, broken down as fol- lows: Proposal for the Audit will be based on the following hourly rates: Senior Accountant - -CPA Partner Senior Accountant - -CPA Junior Accountant Secretarial Services (Typing Report) $50.00 per hour $40.00 per hour $23.00 per hour $18.00 per hour Following is a summary of the areas to be audited: Harnett County - financial audit Northeast Metropolitan Water District State Library Report HUD Program (for Y/E 12/31/86) Compliance Audits: Human Resources Department Health Department Programs Department of Social Services Programs Youth Services Program Revenue Sharing Program Total $ 9,000.00 4,000.00 500.00 3,000.00 $16,500.00 4,000.00 3,000.00 3,000.00 1,000.00 1,000.00 12,000.00 $28,500.00 Chairman Jesse Alphin thanked Mr. Harris for presenting this proposal and advised that the Board would take it under consideration. REV. YOUNGSON -- Chairman Alphin recognized Commissioner Shaw who introduced to the group Tommy Shaw. VISITOR FROM Mr. Tommy Shaw stated that in 1979 while tracing his ancestry, he visited the Island ISLAND OF JURA, of Jura in Scotland where he met Rev. Peter Youngson. He explained that since his SCOTLAND visit to Scotland, he and Rev. Youngson had maintained communications; and Rev. Youngson had notified him that he was interested in making a trip to the United States which this year had become a reality. For four weeks, Rev. Youngson will be staying with Mr. Tommy Shaw and will be visiting various areas in North Carolina. Tommy Shaw introduced to the group Reverend Peter Youngson. Rev. Youngson shared with the group informative stories on the customs and traditions of the people on the Island of Jura as well as information on the form of government in Scotland. He also informed the group that while he has been minister on the Island of Jura, he has had a continuous stream of American visitors who come to Jura in tracing their emigrant ancestors and this is how he met Tommy Shaw. He stated that the inquires from the American visitors had encouraged him to research into the past history of his parish; and now he has 22 RECESS FOR RECEP MEETING RECON- VENED RESOL. RE: BIDS FOR IMPROV. OF BC TREATMENT PLANT records to present to his inquirers. He explained that many of the American descen- dants with the names Shaw, Buie, Darrock, and Stewart have traced their ancestry to the Island of Jura. Reverend Youngson thanked the Board for allowing him to come and speak to the County council. Following Reverend Youngson's comments, Chairman Alphin recognized Reid Ross, Chairman of the Harnett County 400th Anniversary Committee, who welcomed on behalf of the Committee Reverend Youngson to Harnett County. Mr. Ross then recognized Ed Cameron, Chairman of the Historical Society, who presented a book entitled; They Passed This Way, written by Malcolm Fowler, a native of Harnett County. Mr. Cameron stated that in the Book was an early segment'. of Harnett County history. Mr. Cameron also advised Reverend Youngson that many people in the County refer to Harnett County as the "Valley of the Scotch ". Bob King, member of the 400th Committee, and also representing Campbell University presented Reverend Youngson with the book written by Paul Green, one of Harnett County's most outstanding sons, The Lost Colony. He also presented Reverend Youngson with a book on the history of Campbell University and a letter opener. Frank Lewis, Mayor of Lillington, welcomed Rev. Youngson to Lillington and presented him with a key ring which had on it a symbol of the flag of North Carolina and also gave him a book on the history of the Lillington Presbyterian Church. Reverend Youngson expressed his appreciation to each of these gentlemen for these gifts Chairman Alphin expressed the Board's sincere appreciation to Reverend Youngson for coming to the Board meeting and to Commissioner Shaw and Tommy Shaw for their efforts in making these arrangements. He also thanked Mr. Ross, Mr. King, Mr. Cameron, Mayor Lewis, and others for their participation. .Chairman Alphin recessed the Board meeting for a reception for Reverend Youngson. Chairman Alphin reconvened the meeting of the Harnett County. Board of Commissioners at 10:13 a.m. E. Marshall Woodall, Attorney for the Buies Creek -Coats Wastewater District, presented to the Board for consideration the following resolution concerning the bids received on the improvements to the treatment plant in Buies Creek and the awarding of the contract for this project: RESOLUTION THAT WHEREAS, the Harnett County Board of Commissioners (hereinafter referred to as "Board ") is the governing body of the Buies Creek -Coats Water and Sewer District of Harnett County;•and WHEREAS, The Board did heretofore authorize Black and Veatch, Inc. (hereinafter designated as "consulting engineer ") to formulate plans and specifications for certain construction work on the County of Harnett's treatment plant for the purpose of improv- ing the operations of said plant and that after the completion of said plans and specifications, the Board authorized the consulting engineer to solicit and receive bids as provided by N.C.G.S. 143 -129, and to report back to the Board; and WHEREAS, Said consulting engineer has caused said bids to be received and opened, and a report has been made to the Board of all bids received and the same is set forth in a bid tabulation summary attached to this resolution as Exhibit "A" and incorporated herein as a part hereof; and WHEREAS, Said consulting engineer has prepared a discussion of bids summarizing the construction work to be done, the various bids received and recommendations con- cerning the bids and project, said discussion of bids is attached hereto and marked Exhibit "B" and is incorporated herein as a part hereof; and WHEREAS, It appears that five (5) bid proposals were received for the general construction work described under Section I at the bid opening on March 4, 1986; that no bid proposals were received at the bid openings on March 4, or on March 13, 1986, for the Mechanical Contract described under Section II; that an insufficient number of bid proposals for the Electrical contract described under Section III were received at the bid opening on March 4, 1986 and at a subsequent bid opening on March 13, 1986, three (3) bid proposals were received for said electrical contract; and WHEREAS, The consulting engineer certifies to the Board that the request for bid proposals was properly advertised, bids were received and opened and all bid proposals were proper as by law required, with exception of one(1) general construction bid proposal, to wit: it is contended that the bid proposal of Kinsey Contracting Company of Dunn, North Carolina, (hereinafter called "Kinsey ") was not responsive to the bid instructions as set forth in the bid specifications and document and the bid should be rejected and not considered; and WHEREAS, Controversy has arisen as to the interpretation of said bid proposal of Kinsey and the Board has been requested to consider said proposal; and WHEREAS, it appears to the Board that the construction work to be done is set fort and discussed in the plans and specifications and specifically in the booklet entitled "Specifications and Documents - Waste Water Treatment Plant Modifications - Buies Creek - Coats Water and Sewer District dated January 31, 1986 and prepared by Black ? Veatch, Inc., Consulting Engineers, Asheboro, North Carolina" which document contains the 23 invitation to bid, information for bidders, instructions to bidders, and bid form with appropriate blanks for the prospective bidders to complete; and WHEREAS, It appears to the Board that the general construction work is described under Section I and includes a lab building additions, new sludge digester and modi- fications to the existing treatment plant; that in addition two (2) alternatives were requested as follows: (1) alternative A - the addition of a horizontal baffle to be placed in the existing clarifier. (2) alternative B - the replacement of the existing aeration tank drop pipes and air diffusers. WHEREAS, said document contained instructions as to the interpretation of Section 1 work to be done by the general contractor and that said document specifi- cally provides as follows: 1. On page I -1 and in the third paragraph - "Alternative bids for addi- tional work items are included... ". 2. On page B -4, paragraph B - 9.02. - "Bid Pricing. Bids must be priced on a lump sum basis for the base contract and the following alternatives: Alternative A - Construct a horizontal baffle inside the existing treatment tank. Alternative B - Replace all diffusers in the existing treatment tank. The price bid for each alternative shall be the amount to be added to the base price if Owner selects the alternative." 3. On page 1A -1. - "GENERAL DESCRIPTION OF WORK ...Alternative bids for additional work items are included." 4. On page 1A -7 - "1A -18. ALTERNATIVES. The work required under the base Bid is indicated in the specifications and on the drawings. All requirements speci- fied or indicated also apply to each alternative selected by Owner except as other- wise provided. The following alternatives are provided for on the Bid Form. Alternative A: Construct a horizontal baffle inside the existing treatment tank as shown on the drawings. Alternative B: Replace all diffusers in the existing treatment tank, as indi- cated on the drawings. Alternative C: Construct a new headworks structure, as indicated on the draw- ings." (This alternative deleted in addendum.) "The manner in which various portions of the Work must be changed to accommodate each alternative and its related Work is also indicated on the drawings." and THAT WHEREAS, The third (3rd) page of the bid proposal sheet furnished in the bid document for each general construction bidder to complete were as follows: "Lump Sum prices as follows: SECTION I only - Dollars ($ ) ALTERNATIVE A (add) (deduct) Dollars ($ ) ALTERNATIVE B (add) (deduct) Dollars ($ ) TOTAL LUMP SUM PRICE $ WHEREAS, It has been made to appear to the Board that the bid specifications and related bid documents clearly instructed general contract bidders to submit a lump sum base price for the general contract work to be done (hereinafter called "Section I only work ") and a lump sum price for each alternative and that the addi- iton of all three lump sum prices would constitute the total lump sum price; and WHEREAS, Kinsey submitted a lump sum price of $296,847.00 for Section I only work but then submitted lump sum price of $7,500.00 for alternatives A work and a lump sum of price of $37,000.00 for alternative B work, both of which were deducted from the base price; and r24 WHEREAS, It has been made _to appear to the Board that the bid of Kinsey was not responsive to the instructions contained in the bid documents; and WHEREAS, It has been made to appear to the Board that at the time of the opening of said bids on March 4, 1986, that an official of Kinsey upon being informed of the fact that the Kinsey bid deducted price proposals for alternatives "A" and "B ", stated to the consulting engineer representative that his Company was proposing to perform the Section I only work together with the construction work required in alternatives "A" and "B'! for the sum of $296,847.00 and that if the owner desired to delete alternatives "A" and /or "B" then it would be necessary for the owner to subtract the respective sums listed by the bidder for the alternatives; and WHEREAS, It has also been made to appear to the Board that at a later date the same Kinsey official contacted the consulting engineer representative and stated that Kinsey Contracting Company would do all the construction work including the base Section I only work together with the construction work described in alternative "A" and "B" for the total lump sum price quoted in the Kinsey bid, to wit: $252,347.00; and WHEREAS, The Board has been advised that the Attorney General of North Carolina has heretofore ruled that a person is not able to modify his bid after the bid opening and the Board concludes that to permit a Kinsey bidder to sumbit information, including oral conversation so as to change its bid or the interpretation of its bid would in effect allow Kinsey to modify his bid as first understood, all of which would not be in keeping with the spirit of competitive bidding as required by NCGS 143 -129; and WHEREAS, A reasonable interpretation of the written bid of Kinsey would be that said bidder reversed the process of bidding as anticipated by the Board and that it would be reasonable and in conformative with good common sense and reasoning that said Contractor's bid expressed the sum desired for all work to be done including the base contract work and the additional work described in alternatives "A" and "B" as the lump sum amount stated for Section I only work and then expressed, as deduc- tions, lump sum prices for alternative "A" and "B" all to the end that the figure shown for Section I only work was .intended to be the total lump sum price and that the figure shown for total lump sum price was intended to be the price for Section I only work; and That the Board determines that such interpretation would be and is a reasonable interpretation of said bid and that therefore if the bid were considered, said bidder is not the lowest bidder; and WHEREAS, the consulting engineer has recommended award of the contracts to the low bidders and that the result of the bidding constitutes the best pricing available to the Baord for this project; and WHEREAS, It appears to the Board that Brown Utility Company has submitted the lowest lump sum bid for the general contract Section I only work and has also sub- mitted the lowest lump sum price when adding the work for alternatives "A" and "B "; That no bids have been received for Section II of the work described (mechanical work) and that this work to be done should be negotiated by the District; That the lowest bid for Section III work to be done (electrical) is the bid of Hogue Electric Company; and that further it has been made to appear to the Board that the aforementioned two bidders are responsible bidders and that it is in the best interest of the District to proceed with acceptance of the proposals of the aforementioned contractors. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: That the contracts on the wastewater treatment plant improvement project be awarded to the following contractors at the amounts shown contingent upon approval by Farmers Home Administration. WASTEWATER TREATMENT PLANT IMPROVEMENTS PROJECT Section I - General construction including alternatives "A" and "B" Award To: Brown Utility Company P. 0. Box 607 Concord, North Carolina 28025 for the Lump Sum Amount of $267,000.00. Section II- Mechanical Award to: (To be negotiated) Section III - Electrical Award to: Hogue Electric Company Route 2, Box 563 Lillington, North Carolina 27546 for the Lump Sum Amount of $16,500.00. 25 ACTION EXHIBIT "A" BE IT FURTHER RESOLVED THAT, the County Manager is authorized to execute con- tracts on behalf of the Buies Creek -Coats Water and Sewer District of Harnett County. The above Resolution, upon presentation to the Board of Commissioners in a regu- lar session on the 7th day of April 1986, after discussion was, upon motion by Commissioner Shaw and seconded by Commissioner Stewart, unanimously adopted by the Board of Commissioners. Certified as a correct copy of the minutes of the Board of Commissioners of the County of Harnett as part of the proceedings in the meeting of said Board held the 7th day of April, 1986 in Harnett County, North Carolina. Black $ Veatch, Inc. Consulting Engineers P. 0. Box 728 Asheboro, North Carolina Name and Address of Bidder COUNTY OF HARNETT By: s /Jesse Alphin Exhibit "A" BID TABULATION SUMMARY Buies Creek-Coats Water and Sewer District of Harnett County, North Carolina Wastewater Treatment Plant Modifications Contract No. 1 Hogue Electric Co. Classic Electric Rt. 2, Box 563 Service, Inc. Lillington, NC 27546 P. 0. Box 12183 Raleigh, NC 27605 Bid Security 5% Addendum No. 1 Acknowl. X Addendum No. 2 Acknowl. Section No. III - Electrical Construction Lump Sum Price $16,500.00 I hereby certify that this is a true tabulation of Bids received for Section III - Electrical, Cuies Creek -Coats Water District, Wastewater Treatment Plant Modi- fications. March 13, 1986. s/ H.J. Marziano H. J. Marziano, P. E. 5% 0 X X $20,330.00 BID TABULATION SUMMARY Black $ Veatch, Inc. Buies Creek -Coats Water F, Sewer Dist. Consulting Engineers of Harnett County, North Carolina P. 0. Box 728 Wastewater Treatment Plant Modifications Asheboro, North Carolina Contract No. 1 Project No. 02758 Bids Taken at: Admin. Building Date: March 13, 1986 Tabulated by: R.W. Coleman Checked by: H.J. Marziano Approved by: H.J. Marziano Page 1 of 1 Watson Electrical Construction Co. P. 0. Box 64427 Fayetteville, NC 28 S% e $22,100.00 Project No. 02758 Bids Taken at: Admin. Building Date: March 4, 1986 Tabulated by: R. W. Coleman Checked by: H. J. Marziano Approved by: H. J. Marziano Page 1 of 2 Name and Address Brown Utility Co. R.E. Hayes General Kinsey Contracting Co. of Bidder P. 0. Box 607 Contractor, Inc. P. 0. Drawer 1537 Concord, NC 28025 P. 0. Box 638 Dunn NC 28334 Dunn, NC 28334 Bid Security 50 Addendum Acknowledged X 5% 0 X 5% 0 X 6 26 Name $ Address Brown Utility Co. R. E. Hayes General of Bidder P. 0. Box 607 Contractor, Inc. Concord, NC 28025 P. 0. Box 638 Dunn, NC 28334 Section No. 1 - General Construction Section 1 Alternative A Alternative B Total Lump Sum Price $251,000.00 $ 8,000.00 (add) $ 8,000.00 (add) $267,000.00 Name $ Address W. F. Brinkley ? Son of Bidder Const. Co:, Inc.. P. 0. Box 247 Granite Quarry, NC Bid Security 5% 0 Addendum Acknowledged X Section No. 1 - General Construction Section 1 Alternative A Alternative B Total Lump Sum Price $364,000.00 $ 11,329.00 (add) $ 12,000.00 (add) $387,329.00 Kinsey Contracting Co. P. 0. Drawer 1537 Dunn, NC 28334 $285,190.00 $296,847.00 $ 6,800.00 $ 7,500.00 (add) (add) $ 18,000.00 $ 37,000.00 (add) (deduct) $309.990.00 $252,347.00 Roanoke Construction Co., Inc. P. 0. Box 820 Roanoke Rapids, NC 27870 5% 0 X $387.432.00 $ 6,500.00 (add) $ 8,000.00 (add) $401,932.00 NOTE: Section II - Mechanical Construction and Section III - Electrical Construction. Insufficient number of bids received. To be re -bid March 13, 1986, at 2:00 p.m. I hereby certify that this is a true tabulation of bids received March 4, 1986, for the Buies Creek - Coats Water and Sewer District of Harnett County, North Carolina, Wastewater Treatment Plant Modifications. s /H.J. Marziano H. J. Marziano, P.E. Discussion of Bids Harnett County - Buies Creek - Coats Wastewater District Wastewater Treatment Plant Improvements Harnett County, North Carolina GENERAL. On March 4, 1986, sealed bids were received, publicly opened and read aloud for the Wastewater Treatment Plant Improvements for the Harnett County - Buies Creek - Coats Wastewater District. Three contract sections were advertised for receipt of bids. At the bid opening, only contract Section I had the required minimum of three bids. Consequently, Sections II and III were readvertised and bids were received on March 13, 1986. The project was advertised each time in bulletins of the F. W. Dodge Corporation, the Associated General Contractors of America and in the legal advertisement section of a local newspaper. The engineers feel tht the bids received represent the best pricing currently available. This discussion of bids will review the bids received and make a recommendation for contract award. 1 1 27 ACTION BY BOARD BIDS RECEIVED. Five bids were received for Section I - General Contract. No bids were received at either bid opening for Section II - Mechanical Contract. Three bids were received for Section III - Electrical Contract. Since no bids were received for Section II, the engineers recommend that the work for this section be negotiated with the contractor for Section I. SECTION I - GENERAL. The work for this section included the lab building additions, new sludge digester and modifications to the existing treatment plant. Two alternates were requested. Alternate A required the addition of a horizontal baffle to be placed in the existing clarifier. Alternate B required the replacement of the existing aera- tion tank drop pipes and air diffusers. Kinsey Contracting Company of Dunn, North Carolina, submitted price deductions for each alternate which made his bid appear low. All other contractors for this section sub- mitted price additions for each alternate. Since Kinsey Contracting Company submitted deductions for the alternates, the engineers sought legal opinion of the District's attorney. The attorney indicated that Kinsey Contracting Company had not followed the intent of the bid for the alternates and the bid should be declared non - responsive. Therefore, in light of the attorney's decision, the low bidder for Section I is Brown Utility Company of Concord, North Carolina, at a lump sum price of $267,000.00 includ- ing Alternates A and B. Of the remaining bidders, Brown Utility is low with any combination of base bid or alternates. SECTION II - MECHANICAL. The work for this section required the installation of the HVAC and plumbing for the lab building additions. Since no bids were received for this section, it is recommended that the District negotiate with Brown Utility for this work. SECTION III - ELECTRICAL. The work for this section including the power wiring and controls for the work installed in Section I. Hogue Electric Company of Lillington, North Carolina, was low with a lump sum bid of $16,500.00. PROJECT COST. Funds for this project are available from local general obligation bonds and from the Farmers Home Administration. The funds are remaining from the original wastewater project that was completed in 1984. If the project is awarded to the low responsive bidders, the project costs are as follows: Construction Cost $283,500.00 Section II (estimated) 10,000.00 Technical Fees 41,100.00 Legal /Administration 5,000.00 Contingencies (5%) 17,000.00 Total $356,600.00 RECOMMENDATIONS. Since adequate funds are available for this project, the engineers recommend award of construction contracts to the following contractors: Section I: Brown Utility Company P. 0. Box 607 Concord, North Carolina 28025 Lump Sum: $267,000.00 Section II1: Hogue Electric Company Route 2, Box 563 Lillington, North Carolina 27546 Lump Sum: $16,500.00 This Discussion of Bids is respectfully submitted this 1st day of April, 1986. s /H. J. Marziano H. J. Marziano, P.E. Following a lengthy discussion of the above resolution and comments by Attorney Woodall. Rodney Tart, Director of Public Utilities; H. J. Marziano, Project Engineer with Black F, Veatch, Inc., and Bob Jones, County Attorney; Commissioner Shaw made a motion that the above resolution be adopted, Commissioner Stewart seconded the motion and it carrie . with a unanimous vote. PROCLAMATION Steve Plummer presented for the Board's consideration a proclamation declaring the week RE: CONSUMERS of April 20 through April 26 as "Consumers Week in Harnett County ". Following this WEEK IN H.C. presentation, Commissioner Stewart moved for the adoption of the following proclamation Commissioner Shaw seconded the motion and it carried with a unanimous vote: CONSUMERS WEEK IN HARNETT COUNTY 1986 BY THE CO6MIISISONERS OF THE COUNTY OF HARNETT A PROCLAMATION The essence of our economic structure is competition in the free enterprise 28 RESOLUTION RE: STATE FUNDING FOR REGIONAL ORGANIZATIONS -system which allows consumers and producers alike to assert their individual initia- tive and to make choices concerning goods bought and sold. Because of our free economy, America provides its citizens with a wider variety of goods and services than is available in any other country in the world. Making responsible choices concerning purchase and production of quality goods requires consumer education. The "Comsumers Rate Quality" theme of National Consu- mers Week emphasizes the responsibilities of both consumers and business in main- taining the balance of the free enterprise system. Consumers should actively judge the quality of goods and services, and should inform the producers and providers of their judgements. In turn, business should produce or provide reasonable quality goods and services, because consumers deserve a reasonable return for their dollars. NOW, THEREFORE, I, JESSE ALPHIN, Chairman of the Board of Commissioners of Harnett County, do hereby proclaim the week of April 20 through April 26 as "Consumers Week in Harnett County," and urge all our consumers and producers to pursue economic excellence and promote economic awareness during this week. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the County of Harnett this seventh day of April in the year of our Lord nineteen hundred and eighty -six. HARNETT COUNTY BOARD OF COMMISSIONERS s/ Jesse Alphin, Chairman ATTEST: s/ Vanessa W. Young Clerk Dallas Pope, Assistant County Manager, presented to the Board a resolution supporting state funding to assist lead regional organizations in North Carolina. Following the explanation of this resolution, Commissioner Shaw made a motion that it be approved; Commissioner Stewart seconded the motion and it carried with a unanimous vote: RESOLUTION SUPPORTING STATE FUNDING TO ASSIST LEAD REGIONAL ORGANIZATIONS IN NORTH CAROLINA WHEREAS, the members of the Harnett County Commission recognize that the Region "M" Council of Governments and other Lead Regional Organizations in North Carolina are providing certain necessary direct services which, if the State had to provide these services, would be costly to the State; and WHEREAS, the members of the Harnett County Commission recognize that the Region "M" Council of Governments and other Lead Regional Organizations in North Carolina are providing certain necessary indirect services which, if the State had to provide these services, would be costly to the State; and WHEREAS, many of these services would also be of significant benefit to the local governments in Region "M" and the remainer of North Carolina; and WHEREAS, these services have been provided historically through the use of Federal funds which are now terminated or severely reduced; and WHEREAS, other States are providing Regional Councils with State Funds, including the following: Virginia, West Virginia, Tennessee, South Carolina, Georgia, Kentucky and Florida. NOW, THEREFORE BE IT RESOLVED that the Harnett County Commission hereby adopts this resolution encouraging the North Carolina Legislature to consider appropriating State funds to assist the Region "M" Council of Governments and other Lead Regional Organizations in North Carolina finance their program of services to State and Local governments. Adopted this 7th day of April, 1986. ATTEST: Vanessa W. Young Clerk s/ Jesse Alphin Chairman 29 LEASE AGREEMENT FOR SATELLITE LAW ENFORCEMENT CENTER IN ANDERSON CREEK COMMUNITY Dallas Pope, Assistant County Manager, presented to the Board the lease agreement between the County, the Beckners and Wellons for the location of a satellite law enforcement center in the Anderson Creek Community. Following its presentation, Commissioner Shaw made a motion that the following lease agreement between the Beckner Wellons, and Harnett County be approved; Commissioner Stewart seconded the motion and it carried with a unanimous vote: NORTH CAROLINA LEASE AGREEMENT HARNETT COUNTY This Lease Agreement, made and entered into this 12th day of March, 1986, by and between David L. Beckner and wife, Juanita B. Beckner, of Harnett County, North Carolina and Charles R. Wellons, II and wife Judy R. Wellons, of Cumberland County, North Carolina, (hereinafter "Lessor ") and Harnett County, a body politic, organized and existing under the laws of the State of North Carolina (hereinafter "Lessee "). W I T N E S S E T H: WHEREAS, Lessee, by and through its Board of Commissioners, has recognized the need to provide additional law enforcement services to the Anderson Creek Community; and WHEREAS, Lessee desires to operate a satellite office of the Harnett County Sheriff's Department for the benefit of Anderson Creek and the surrounding community, and WHEREAS, Lessor and Lessee have mutually agreed to enter into this Lease Agree- ment. NOW, THEREFORE, in consideration of the mutual representations, covenants, and agreements contained herein, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Lessor and Lessee hereby agree as follows: Lessor has leased and by these presents does grant, demise and lease unto Lessee and Lessee does hereby lease from Lessor a certain tract or parcel of land in Ander- son Creek Township, Harnett County, North Carolina, together with the improvements located thereon, (hereinafter "premises "), said premises being more fully described as follows: A portion of Lot No. 1 of Plantation Mobile Home Park measuring 250 feet by 250 feet, fronting 250 feet on SR 1121 (Ray Road) with the street address of 7041 Ray Road, Spring Lake, North Carolina 28390 Together with a 1986 Skyline Mobile Home, Southbrook Model, Serial #60140623V measuring 14 feet by 60 feet in size. TO HAVE AND TO HOLD, the aforesaid premises, together with improvements located thereon and all privileges and appurtenances thereunto belonging unto Lessee upon the following terms and conditions: 1. TERM. The term of this Lease Agreement shall commence on the "Effective Date" as described herein below and shall continue for a term of one year. Lessee shall have the option to renew this Lease Agreement for an additional one year term, with the rental amount to be negotiated at that time; provided Lessee notifies, in writing, Lessor of Lessee's intention to exercise said option, said notice to be given at least thirty (30) days prior to the last day of the preceding lease term. 2. RENTAL. As rent for said premises, Lessee shall pay to Lessor a monthly rent of $100.00.to be paid on or before the 15th day of each month. 3. COVENANTS. Lessor covenants and agrees with Lessee that Lessor will put Lessee in actual possession of the herein demised premises at the beginning of the term aforesaid and Lessee, on paying the said rent shall and may peaceably and quietl have, hold and enjoy said demised premises for the said term. 4. UTILITIES. Lessor agrees to pay all water and sewer charges applicable to the premises. Lessee agrees to pay electric and any other utility charges applicable to the premises. 5. REPAIRS. Lessor agrees to keep and maintain the premises in a good state of repair. 6. COMMUNICATION SYSTEM. Lessee shall have the right to erect any antennas, antenna towers or other communications system on the premises, which at the termina- tion of the Lease Agreement may be removed by the Lessee. 7. EXPANSION OF EXISTING DRIVE. Lessee may at Lessee's own expense enlarge and /or expand the existing driveway located on the premises. 8. INSURANCE. Lessee shall procure and keep in force throughout the term of this lease a policy or policies of fire and /or hazard and extended coverage risk 30 insurance covering the premises. 9. EFFECTIVE DATE. This 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. 10. AUTHORITY. Lessor and Lessee represent and warrant, each to the other, the existence of all capacity, authority, resolution and actions necessary to execute this Lease Agreement. 11. BINDING EFFECT. The covenants and agreements contained in this Lease Agree- ment are binding on the parties hereto and their successors, assigns and legal representatives. 12. DUPLICATE ORIGINALS. This Lease Agreement is executed in duplicate origin- als, one of which is retained by each party hereto. COUNTY OF HARNETT s /M. H. Brock County Manager ATTEST: s /Vanessa W. Young Clerk EXTENSION OF In February, 1984, as recorded in Minute Book 15, Page 368, the Board of Commissioner CONTRACT WITH authorized the County to provide funding to the Employment Security Commission for EMPLOYMENT SECURITYrent and utilities in the amount of $400 a month. The County entered into a contract COMMISSION with the Employment Security Commission based on these conditions in 1985 for a one - year period, March; 1985 through February, 1986. Dallas Pope, Assistant County Manager, appeared before the Commissioners and requested that this contract be ex- tended for four months with the period. ending June, 1986, at the cost of $1,600. Commissioner Shaw made a motion that the contract with the employment security commission be extended for four months, in the amount of $1,600; Commissioner Stewart seconded the motion and it carried with a unanimous vote. BUDGET AMENDMENT Gordon Springle, Chairman of the Library Board, appeared before the Commissioners LIBRARY- TABLED and requested the Library Budget he amended as follows: Code 10- 8100 -016, Mainten- ance and Repair, be increased by $3,506 to purchase computer hardware and programs; Code 10- 8100 -033, Materials and Supplies, be increased by $2,774 to purchase the supplies used in the issuance of Library Cards and other miscellaneous items; and Code 10- 8100 -074, Capital Outlay -- Equipment, be decreased by $6,280. Following a discussion of this request, it was the decision of the Board to table this matter. BUDGET AMENDMENT Gordon Springle, Chairman of the Library Board, requested a budget amendment to the LIBRARY Library budget in the amount of $6,693 reflecting additional funds received in Federal LSCA Outreach Enrichment monies, N.C. State Aid monies and interest on the certificate of deposit for the bookmobile. Following a discussion, Commissioner Shaw made a motion that the following budget amendment to the library be approved; Commissioner Stewart seconded the motion and it carried with a unanimous vote: Code 10- 8100 -016, Maintenance and Repairs, increase by $4,161 Code 10 -8100 -126, Books and Publications, increase by $1,731 Code 10- 8100 -030, Periodicals, increase by $500 Code 10 -8100 -037, N.C. Sales Tax, increase by $200 Code 10 -8100 -039, County Sales Tax, increase by $101 BUDGET AMENDMENT Dallas Pope, Assistant County Manager, presented to the Board a budget amendment to ADMINISTRATION the Administration Department. Following an explanation of this request, Commissione Stewart made a motion that the following amendment to the Administration Budget be approved; Commissioner Shaw seconded the motion and it carried with a unanimous vote: Code 10- 4200 -002, Salaries and Wages, decrease by $2,400 Code 10- 4200 -011, Telephone and Postage, increase by $1,700 Code 10- 4200 -074, Capital Outlay -- Equipment, increase by $700 BUDGET AMENDMENT Larry Knott, Chief of Administration with the Sheriff's Department requested a budget SHERIFF'S DEPT. amendment to Sheriff's Department in the amount of $5,000, with the funds to be used mainly for the purpose of installing radios in twelve new cars on order. Fol- lowing this presentation, Commissioner Shaw made a motion that Code 10 -5100 -016, Maintenance and Repair -- Equipment, be increased by $5,000; Commissioner Stewart seconded the motion and it carried with a unanimous vote. SHERIFF DEPT. Larry Knott, Chief of Administration, presented to the Board a copy of the report on REPORT the operations of the Sheriff's Department for the month of March, 1986. 31 1 1 TAX ATTORNEY'S E. Marshall Woodall, Tax Attorney, presented the following tax attorney's report to th REPORT Board: TAX RELEASE J.W. CORE TAX RELEASE LYNN BUZZARD NOTICE OF TAX SUITS COMMENCED; TAX SUITS DISMISSED AND RELATED SERVICES MARCH, 1986 NAME SUIT NO. AMOUNT COLL. ATTY. FEE Duke Township: Holliday, Leroy F, Joan 85 CvD 0528 504.86 McKoy, Charles E. 85 CvD 0530 1487.65 McDougald, Elbert $ L.85 CvD 584 755.75 Total $2748.26 New Suits: None Advanced Costs: None 140.00 140.00 190.00 $470.00 Terry Wade, Tax Supervisor, presented tothe Board for consideration a request from J. W. $ Edna Core for a tax release in the amount of $93.47 for a 24.50 acre tract listed in error. Following an explanantion of this request for release, Commissioner Stewart made a motion that the release to the Cores in the amount of $93.47 be approve Commissioner Shaw seconded the motion and it carried with a unanimous vote. Terry Wade, Tax Supervisor, presented a request from Lynn R. Buzzard requesting a tax release. Mr. Wade explained that the County had received a letter addressed to the Board of Commissioners from Mr. Buzzard stating that in closing a loan for the financ- ing of his new home in Harnett County, he was advised by his attorney that he had failed to list his property. Mr. Buzzard explained that as a new resident of the state, having just moved here in the fall from Illinois, a state where there is no personal property tax and real property taxes are simply assessed from public document he was unaware of this requirement. Immediately after his attorney advised him of Harnett County's requirement, he did comply. However, there was a penalty for late filing of this information. Mr. Buzzard requested to be released of the late listing penalty. Following this explanation, Commissioner Stewart made a motion that Mr. Buzzard be relieved from the late listing penalty; Commissioner Shaw seconded the motion and it carried with a unanimous vote. TAX REFUNDS Terry Wade, Tax Supervisor, requested the following tax refunds: T. GREGORY 1. Talmadge and Vada Gregory, Rt. 1, Box 8, Coats, NC 27521, refund in the amount of $4.37 for a 1975 Ford which they did not own and was charged to them in error. B. BARBOUR 2. Barry R. Barbour, Rt. 1, Box 311J, Fuquay - Varina, NC 27526, refund in the amount of $170.67 for property listed in October, 1985, but purchased after January, 1985 therefore did not need to be listed for 1985. Copies of invoices showing the date of purchase of these items were provided to the Tax Office. FIRST UNION 3. First Union National Bank, Attention: Joyce Parks, Consumer /Auto Leasing, P. 0. NAT. BANK Box 1342, North Wilkesboro, NC 28674, for a 1984 Toyota double listed to John B. Gibbs. Mr. Gibbs leases the vehicle from First Union and is liable for taxa- tion. It was also listed to First Union. Amount of refund is $177.76. M. HUDSON 4. Mamie Hudson, 500 S. Wilson Avenue, Dunn, NC 28334, for a refund in the amount of $8.28. A 1980 Datsun 200 was listed at $3,600, and she only paid $2,700 for it. Ms. Hudson provided a proof of sales from the dealer from which she purchased the car. 5. DUCKWORTH 5. Sarah Elizabeth Duckworth, Rt. 3, Box 105 A, Cameron, NC 28326, refund in the amount of $9.68. Personal property was listed on January 14, 1985 with listtaker, but a late listing penalty was charged on tax receipt. Late list penalty was applied in error to the wrong account in the computer. Following the presentation of these refunds, Commissioner Shaw made a motion that the above - described refunds be approved; Commissioner Stewart seconded the motion and it carried with a unanimous vote. 32 RESOLUTION RE: TAX LIENS Terry L. Wade, Tax Collector, reported to the Board in accordance with Section .105- 369 (a) of the North Carolina General Statutes, that as of the close of business April 4, 1986, the unpaid taxes for the current fiscal year that constitute liens on real property in Harnett County amounts to : $518,587.08. Mr. Wade presented for the Board's consideration the following resolution: Be it resolved that, pursuant to the authority vested in this Board by Section 105- 369(a) of the General Statutes of North Carolina, Terry L. Wade, Tax Collector, is hereby ordered to advertise said tax liens according to law, said advertisements to begin the Sixteenth of April, 1986. Respectfully submitted this the Seventh Day of April, 1986. Commissioner Stewart made a motion that the above resolution be adopted; Commissioner Shaw seconded the motion and it carried with a unanimous vote. AMBULANCE REPORT The ambulance report for the month of March, 1986, was filed with the Board. ADJOURNMENT There being no further business, the Harnett County Board of Commissioners meeting of April 7, 1986, duly adjourned at 12:25 p.m. Secretary C J ClerJ 1/4--ef 1