Loading...
HomeMy WebLinkAbout12191977195' Harnett County Board of Commissioners Meeting, December 19, 1977 CALL TO ORDER PRAYER MINUTES APPROVED The Harnett County Board of Commissioners met in regular ses- sion on Monday, December 19, 1977, in the Commissioners Room, County Office Building, Lillington, North Carolina. Chairman Jesse Alphin and Commissioners Brock, Stewart, Shaw, and Cotton were present. Edward H. McCormick, County Attorney, and H. D. Carson, Jr., Clerk to the Board were also present. Chairman Jesse Alphin called the meeting to order at 7:40 p. Commissioner Brock led the evening prayer. Minutes from the December 19, 1977, meeting were read and approved. NOMINATIONS Chairman - Jesse Alphin H. D. Carson, Jr., Clerk to the Board, appeared before the Board and requested the Commissioners to proceed with the reorganization of the Board. Commissioner Cotton made a moti that Jesse Alphin be nominated as Chairman of the Board, Com- missioner Stewart seconded the nomination, and moved the nomi- nations be closed. Each Commissioner - W. J. Cotton, Jr., W. A. Shaw, Jr., M. H. Brock, and Lloyd Stewart - voted affirmatively when the issue was put to vote, and the Clerk officially declared Jesse Alphin to be the Chairman of the Board. Appreciation to Board Chairman Alphin expressed his appreciation for the confidence the other Board members placed in him and stated that the present Commissioners were the most cooperative and best Board he had ever been associated with. Vice Chairman - Lloyd Commissioner Shaw moved that Lloyd Stewart be nominated as Stewart Vice Chairman, Commissioner Brock seconded the nomination and asked that nominations be closed. All Commissioners voted affirmatively on the issue, and Chairman Jesse Alphin officia ly declared Lloyd Stewart as the Vice Chairman of the Board. H. D. Carson, Auditor Commissioner Brock moved that H. D. Carson, Jr., be appointed to serve at the pleasure of the Board as County Auditor. Commissioner Stewart seconded the motion and the appointment carried with a unanimous vote. PUBLIC HEARING -- COMMUNITY DEVELOPMENT GRANT APPLICATION COMMUNITY DEVELOPMENT REPORT FY 1976 CENTRAL HARNETT AMBULANCE AND RESCUE SERVICE DISTRICT REPORT Twenty people were in attendance for the public hearing pre- sented by Sam Sally, Director of Harnett County Housing and Urban Development Office. Mr. Sally discussed the strategies and objectives for the Community Development Grant Applicatio Mr. Sam Sally filed the Community Development annual report for the FY 1976 with the Board. Thomas Lanier, Director of Civil Preparedness, presented the Central Harnett Ambulance and Rescue Service District Report to the Board. Commissioner Cotton introduced the following resolution: Resolved that the report on the Central Harnett Ambulance and Rescue District be filed with the Clerk to the Board this date and that a public hearing be and the same is hereby set for February 20, 1978, at 8 O'clock p.m. at the County Office Building on 1st and Front Street in the Town of Lillington, North Carolina; and that notice of said hearing be sent to each owner of property in the proposed district as shown by the County tax records as of January 1, 1977, at least four (4) weeks prior to the hearing by the tax supervisor, Tom Allen; that notice of the hearing be published in the Harnett County News at least once not less than one week prior to the hearing; further that the Clerk to the Board obtain an Affidavit of Publication fromthe editor of the Harnett County News and that Tom Allen certify to the Board of County Commissioners of Harnett County on or before said hearing that this mailing to owners of property in said district has been completed. The form of said Notice shall be as follows: NOTICE TO OWNERS OF PROPERTY IN THE TOWNSHIPS OF HECTOR'S CREEK, LILLINGTON, NEILL'S CREEK, STEWART'S CREEK, AND UPPER LITTLE RIVER WHO ARE WITHIN THE BOUNDARIES OF A PROPOSED CENTRAL HARNETT AMBULANCE AND RESCUE SERVICE DISTRICT. Take notice that a hearing will be held on the 20th day of February, 1978, at 8 O'clock p.m. at the County Office Building on 1st and Front Street in the Town of Lillington, North Carolina, for the purpose of n 196 FLOODWAY ORDINANCE FOR ILMMTT ouNTY hearing matters relevent to the creation of an ambulance and rescue service district. A map for the proposed district is attached or appended to this Notice. The boundaries of the proposed Central Harnett Ambulance and Rescue District encompasses the entire Townships of Neill's Creek, Lillington, and Upper Little River, the portion of Hector's Creek Township that is a part of_Summerville Fire District and all of Stewart's Creek Township except for the area that is a part of the Ervin Fire[:: District. A report entitled "Report: Central Harnett Ambulance and Rescue Service District" was filed with the Board of Commissioners of Harnett County, on the 19th day of December, 1977, and is available for public inspection at the Office of the Clerk to the Board of Commissioners. HARNETT COUNTY BOARD OF COMMISSIONERS By: Jesse Alphin, Chairman Upon the motion of W. J. Cotton, Jr., seconded by Commissioner Stewart, the foregoing resolution passed upon the following vote. Ayes 5 ; Noes None; Abstained None ; AbsentNone. Edward H. McCormth±k, County Attorney, reported on the ordinance entitled "FLOODWAY ORDINANCE FOR HARNETT COUNTY' which was introduced at the first Mondpy Board meeting in December Commissioner Cotton made a motion that the Boar adopt this Floodway Ordinance, Commissioner Brock secondec the motion, and the Floodway Orainanee 5`for Harnett County passed unanimously upon the following vote: Ayes — Chairman Jesse Alphin, Commissioners Brock, Cotton, Shaw and Stewar Noes —None. The ordinance is placed in the Official County Ordinance Book on page 101. The full text is as follows: FLOODWAY ORDINANCE FOR HARNETT COUNTY, DECEMBER, 1977 SECTION 1. AUTHORITY The General Assembly of the State of North Carolina has enacted as G. S. 143- 215.51 et seq. a Floodway Regulation Law which empowers local governments to establish floodways and to regulate artificial obstructions in floodways. Therefore, the Harnett County Board of Commissioners does adopt the following floodway regulations. SECTION 2. PURPOSE d t; The purpose of this ordinance is to specify a means for the regu lation of artificial obstructions in floodways It is hereby declared that the channel and a portion of the flood plain of certain streams is designated as floodway, within which artifical obstructions may no be placed except in accordance with the provisions of this ordinance. the purpose of designating these areas as a floodway is to help contr 1 and minimize the extent of floods and damage, and thereby to prevent or minimize loss of life, injuries, property damage, and other losses (both public and private) in flood hazard areas and to promote the public healhh, safety, and welfare of the citizens of Harnett County in flood hazard areas. SECTION 3. DEFINITIONS (a.) "Floodway" means that portion of the channel and flood pla of a stream designated to provide passage for the 100 -year flood, without increasing the elevation of that flood at any point by more than one foot. (b.) "Natural obstruction" included any rock, tree, gravel, or analogous natural matter that is an obstruction and has been located within the floodway by a nonhuman cause. (c.) "Artificial obstruction" means any obstruction which is no a natural obstruction, including any which, while not a significant obstruction in itself, is capable of accumulat ing debris and thereby reducing the flood- carrying capacit of the stream. (d.) "Stream" means a water course that collects surface runof from an area of one square mile or greater. SECTION 4. FLOODWAY USES The following uses mau be made of floodways as a matter of right without a permit: (a.) General farming, pasture, outdoor plant nurseries, horticul- ture, forestry, wildlife sanctuary, game farm, and other similar agricultural, wildlife and related uses. (b.) Loading areas, parking areas, rotary aircraft ports, and other similar industrial - commercial uses. (c.) Lawns, gardens, parking, play areas, and other similar uses. (d.) Golf courses, tennis courts, driving ranges, archery; ranges, picnic grounds, parkd, swimming pools, hiking or horseback riding trails, open space and other similar private and publi recreational uses. (e.) Streets, bridges, overhead utility lines, creek and storm drainage facilities, sewage or waste treatment plant outlets. water supply intake structures, and other similar public, community, or utility uses. (f.) Temporary facilities (for a specified number of days), such as displays, circuses, carnivals, or similar transient amuse- ment enterprises. (g.) Boat docks, ramps, piers, or similar structures. SECTION 5. ARTIFICIAL OBSTRUCTIONS PROHIBITED The placement of any artifical obstruction in any floodway delineated by this ordinance is hereby prohibited, unless a permit has been obtained for such artificial obstruction from the Board of County Commissioners. No damageable portion of a structure located outside the floodway may be below the elevation that would be attained by the 100 -year fbodd if the stream were contained within the floodway. SECTION 6. EXISTING ARTIFICIAL OBSTRUCTIONS Artificial obstructions existing in a floodway on the effective date of this ordinance shall not be considered to be in violation of the ordinance. However, they may not be enlarged or replaced in part or in whole without a permit as provided by this ordinance. SECTION 7. FLOODWAY MAP The floodway boundaries are hereby established as shown on a map entitled Black River Floodway Map, Harnett County, N. C. which is hereby made a part of this ordinance by reference and is permanently filed with the Clerk of Superior Court and with the Harnett County Register of Deeds. A copy of the "Official Floodway Map" shall be kept on file and made available for public inspection in the office of the Planning and Development Director. SECTION 8. PERMITS FOR ARTIFICIAL OBSTRUCTIONS IN A FLOODWAY A permit for the placement of an artificial obstruction in a flood - way, or for enlarging or replacing an existing artificial obstruction, may be issued by the Board of County Commissioners. The determination to issue such a permit will be based on consideration of the effects of the artificial obstruction in a floodway in creating danger to life and property (a) by water which may be backed up or diverted by such obstruction; (b) by the danger that the obstruction will be swept down- stream to cause injury or damage to others; and (c) by injurt.or damage at the site of the obstruction itself. For this purpose, anticipated development in the foreseeable future which may be adversely affected by the obstruction may be taken into account, as well as existing development. An application for a permit to place an artificial obstruction in a floodway shall be filed on a form provided by the Planning and Development Director and shall include, but not be limited to, the fol- lowing plans in duplication drawn to scale showing the nature, location dimensions, slopes, and elevations of the area in question; existing or proposed structures, fill storage of materials; drainage facilities, and the location of the foregoing. Specifically, the following informa tion is required: 198 (a) Elevation in relation to mean sea level of the lowest floor (including basement) of all structures, (b) A certificate from a registered professional engineer or architect that the proposed structure will be flood- proofed so that the structure is water tight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. (c) A description of the extent to which any watercourse will be altered or relocated as a result of proposed artificial obstructions. The Planning and Development Director shall review the application material and make a recommendation to the Board of County Commissioners concerning the merits of the proposed artificial obstruction. The Harnett County Board of County Commissioners shall either grant or deny a permit to place the proposed artificial obstruction in a flood - way. Every final decision granting or denying a permit under this ordinan shall be subject to review by the Superior Court of Harnett County, with the right of jury trial at the election of the party seeking review. The tithe and manner of election of a jury trial shall be governed by G. S. lA Rule 38 (b) of the Rules of Civil Procedure. SECTIAN99. VIOLATIONS AND PENALTIES Any violation of this ordinance, or of the provisions of any permit issued under the authority of this ordinance, shall constitute a misdemeanor. Failure to remove any artificial obstruction, or enlargement or replacement thereof, that violates this ordinance shall constitute a separate violation of this ordinance for each ten days that such failure continues after written notice from the Harnett County Board of Commissio In addition to or inllieu of other remedies, the County Board may institute any appropriate action or proceeding to restrain or prevent any violation of this ordinance, or to require any person, firm, or corporati which has committed any such violation to remove a violating obstruction or restore the conditions existing before the placement of the obstructio SECTION 10. ABROGATION AND GREATER RESTRICTIONS No permit for the construction of any structure to be located within a floodway shall be granted unless the applicant has first obtained the permit required by this ordinance. This ordinance is not intended to repeal, abrogate, or impare any existing easements, covenants, or deed restrictions. However, where this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. SECTION 11. EFFECTIVE DATE This ordinance shall take effect and be in force from and after its adoption by the Board of Commissioners of Harnett County this 19th day of December, 1977. e ers. n PASSED AND ADOPTED Clerk to the Board Approved as to form and legal sufficiency. CHILD SUPPORT ENFORCE- - MENT IV -D REPORT County Attorney Pat Cameron filed the Child Support Enforcement IV -D Rbport with the County Commissioners for the period from Julyl, 197 through November 30, 1977. The Commissioners commended Mr. Cameron for the fine work he had done with this program. 199 LEASE AGREEMENT Edward H. McCormick, County Attorney, presented the lease McNEILS AND HARNETT agreement between the County Of Harnett and Warren McNeil COUNTY and wife to the Board. Commissioner Stewart made a motion that the Board adopfthe following resolution authorizing Harnett County to lease a certain plot of land as described in the lease agreement from the McNeils for a period of five years for $500 (Five Hundred Dollars) and to have the option to renew this lease for an additional five years under the same conditions. Commissioner Shaw seconded tha motion and the issue carried unanimously. RESOLVED that the County of Harnett enter into a lease agreement in standard with Warren McNeill and wife, Zula P. McNeill, for a container site for waste disposal in Barbecue Township: THAT the County pay $500 (Five Hundred Dollars) for a five -year lease and be authorized to extend the same for an additional five -year term at its option: THAT the Chairman of the Board, Jesse Alphin, and Herbert D. Carson, Jr., Clerk to the Board, be and they are hereby authorized to execute th lease agreement on behalf of the County. RESOLUTION RE: SR1105 & Commissioner Brock moved that the Board adopt the following SR 1810 resolution requesting the N. C. Department of Transportation to pave SR 1105 and SR 1810. Commissioner Stewart seconded the motion and it passed unanimously. WHEREAS, a previous letter from the Department of Transportation advised the County Manager that the Transportation Department was unable to obtain right -of -ways on SR 1562 and SR 2035, and WHEREAS, an investigative report from the Department of Transportati reveals that right -of -ways are not available on SR 1521 and SR 1563, and WHEREAS, according to the priority shown on the paving priority books, SR 1105 and SR 1810 are the next roads to be paved, NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COM- MISSIONERS THAT: ANTI - RECESSION FUNDS CODE 36 -100 1. The Department of Transportation be requested to expend a sum of $65,000 (Sixty -five Thousand Dollars) to pave and STBC SR 1105, from NC 24 to Dead End, 1.60 miles in length, and 2. The Department of Transportation be requested to expend a sum of $10,000 (Ten Thousand Dollars) to grade, drain, STBC, and pave SR 1810, from SR 1709 to SR 1834, 0.20 miles in length, and 3. The execution of this resolution will serve as official action of the Harnett County Board of Commissioners in requesting that SR 1810 and SR 1105 be paved. Adopted this 19th day of December, 1977. WHEREAS, the minutes of November 7, 1977, appropriated funds to Code 36 -190, and WHEREAS, this Code was set up for construction in the landfill opera tion, and WHEREAS, it has become known that said funds cannot be used for construction on and after July 1, 1977, THEREFORE, the Harnett County Board of Commissioners will hereby appropriate said Anti- recession Funds to Code 36 -100 to be applied on salaries for the landfill operation. Enacted this 19th day of December, 1977. Commissioner Brock introduced and moved that the Board ad the foregoing resolution in which the Commissioners appropri ate the Anti - recession Funds to Code 36 -100 to be applied on salaries for the landfill operation. Commissioner Cotton seconded the motion and the issue carried. STATEMENT OF INVEST- Commissioner Brock presented the statement of investments to the Board MENTS ANNUAL REPORT The Harnett County Board of Commissioners presented the Harnett County Annual Report to the people. This report gives a detailed description of the operations and activitie of the County to the citizens of Harnett County. Five opt LONGEVITY PAY FOR HARNETT COUNTY thousand cop =es -ot the report have been printed and are being distributed to the counties in the state, to each Chamber of Commerce, to other County? Boards of Commissioners to various doctor offices, libraries, businesses, and to the citizens of Harnett County. Anyone who wishes to obtain a copy may do so by notifying the Mangger's office. Commissioner Brock requested and made a motion that the Board adopt a longevity pay plan for the Harnett County employees which shall become effective December 31, 1977. The County longevity program will be the same as the state's. Commissioner Shaw seconded the motion and it passed unanimously. ADJOURNMENT The meeting adjourned at 10 p.m. airman