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HomeMy WebLinkAbout08041980HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, AUGUST 4, 1980 r 1r. CALL TO ORDER PRAYER DON DUPREE, DOT The Harnett County Board of Commissioners met in regular session on Monday, August 4, 1980, in the Commissioners Room, County Office Building, Lillington, North Carolina, with the following members present: M. H. Brock, Bill Shaw, Rudy Collins, and Chairman Jesse Alphin presiding. Edward H. McCormick, County Attorney, and H. D. Carson, Jr., Clerk to the Board, were also present. Commissioner Lloyd G. Stewart was absent. Chairman Jesse Alphin called the meeting to order at 9:20 a.m. Commissioner Rudy Collins led the morning prayer. Don Dupree, District Engineer with the North Carolina Department of Transportation appeared before the Board to discuss road matters and situations in Harnett County. STATE AID FOR AIRPORT Commissioner Collins made a motion that the Board adopt the following grant GRANT - -DOT agreement with the North Carolina Department of Transportation concerning state aid for the county airport. Commissioner Shaw seconded the motion and the issue carried with a unanimous vote: GRANT AGREEMENT MODIFICATION STATE AID TO AIRPORTS BY AND BETWEEN THE DEPARTMENT OF TRANSPORTATION, AN AGENCY OF THE STATE OF NORTH CAROLINA AND HARNETT COUNTY AIRPORT: Harnett County STATE PROJECT: 80 -04 WORK ORDER NO: 9.90105 This Agreement made and entered into the fourth day of August, 1980, by and between the NORTH CAROLINA DEPARTMENT OF TRANSPORTATION, an agency of the State of North Carolina (hereinafter referred to as "Department ") and Harnett County (hereinafter referred to as "Sponsor "). W I T N E S S E T H Whereas, the Sponsor submitted a request to the Department dated January 3, 1976, requesting $71,500 in State Financial assistance for the development of the new Harnett County Airport, and WHEREAS, the Department approved a grant of $71,500 in State Airport Aid funds for the purpose of land acquisition and construction of the new Harnett County Airport, and WHEREAS, the Sponsor and the Department mutually executed a Grant Agreement dated June 22, 1977, setting forth the terms and conditions of the expenditure of State funds, and WHEREAS, the Sponsor subsequently submitted an amended request for State Airport Aid dated April 25, 1979, requesting an increase in the State funds approved from $71,500 to $201,600 to account for higher than anticipated costs and a lower federal share, and WHEREAS, in accordance with project approved procedures the Department approved an increase in State funds for the construction of the new Harnett Count Airport from $71,500 to $201,600, said State Grant not to exceed 50% of the final non - federal share of eligible project costs. NOW, THEREFORE, the Sponsor and the Department do hereby mutually agree as follows: 1. That the Grant Agreement dated June 22, 1977, shall be amended on page 1 to reference total approved State funds of $201,600 instead of the $71,500 contained in that Grant Agreement. 2. That the terms and conditions numbered 1,3,4,5,6,8,9,10, and 11 dated June 22, 1977, shall be replaced by the terms and conditions numbered 1 -14 attached to and made a part of this Grant Agreement Modification. 3. That unless otherwise modified in Section 1 and 2 above all other terms and conditions of the Grant Agreement dated June 22, 1977, shall be in full force and binding upon the Sponsor and the Department for the duration of this Agreement. 1. The Sponsor shall commence the Project as described above prior to the first day of January, 1981, and shall complete the described Project prior to the first day of January, 1982, unless an extension of time is granted in writing by the Secretary of the Department of Transportation. 2. Payment of the Grant by the Department will be made in conformance with the terms of Section .0100, Subchapter 6C of the North Carolina Administrative Code, Title 19, upon receipt of a fully executed "Request for Payment of Funds" form. 454 3. The Sponsor shall deposit all funds received and keep the same in separate funds according to the purpose for which they were received. The Sponsor, and his contractor or consultant, shall maintain adequate records and documentation to support all Project costs incurred under this grant inclusive of work performed by forces of the Sponsor. All contracts between the Sponsor and his contractor and /or consultant shall include a provision that the contractor and /or consultant shall also establish and maintain such an accounting system. All records and documentation in support of project costs must be identifiable as to purported work under this agreement and must be actual and acceptable costs only. Acceptable costs are defined as those costs that are acceptable under Federal Procurement Regulations 1 -15. Acceptabl items of work are those referenced in Title 19, Subchapter 6C of the North Carolina Administrative Code and the North Carolina General Statutes. The Sponsor's accounting procedures which are established for work as set out in this Grant Agreement must be in accordance with generally acceptable accounting principles and must be reviewed and accepted by the Department prior to the execution of this Grant Agreement and payment of State funds. 4. The Sponsor, and his contractor and /or consultant, shall maintain all pertinent records and documentation for a period of not less than three years following the final audit by the Department. 5. The Sponsor, shall permit free access to its accounts and records by official representatives of the State of North Carolina for the purpose of such audit or determination needed to ensure compliance with the authorizing act and this Grant Agreement. The Sponsor further agrees that, in the event the Project involves funding by an agency of the United States Government, the Sponsor shall, upon the Request of the Department, provide the Department with a copy of the final federal audit or shall authorize the appropriate federal agency to release such audit directly to the Department. 6. If the final State share of eligible items is less than the approved State Grant for which the Project was approved, reimbursement will be made to. the Department in an amount equal to the difference between the approved grant and fifty percent of the non-federal share of final, approved eligible costs within 30days of notification by the Department of the amount due. 7. The Sponsor agrees'that he will issue monthly progress reports to the Department, unless otherwise instructed, and that he will immediately notify the Department of any major problems which are encountered in the completion of the Project. The Sponsor further agrees that he will notify the Department in advance of any significant meetings or inspections involving the Sponsor, his contractor, his consultant or federal funding agencies involving the Project 8. Work performed under this Grant Agreement shall conform to the approved Project. Any amendments to, or modification of the scope and terms of this agreement shall be in writing and signed by the Sponsor and the Department, except, the extension of time periods for beginning and completing the Project may be made by the Secretary of the Department by written notification to the Sponsor. 9. The Sponsor shall operate the Airport for the use and benefit of the general public. 10. The Sponsor agrees to operate, maintain and control the Airport in a safe and serviceable condition for a minimum of ten years following the date of this Grant Agreement and shall immediately undertake, or cause to be undertaken, such action to correct safety deficiencies as may be brought to its attention by the Department and that any land acquired under this Grant Agreement shall no be sold or used for non - airport use without the written agreement of the Department. 11. Insofar as it is written within its power and reasonable, the Sponsor will either by the acquisition and retention of property interests, in fee or easement, or by appropriate local zoning action, prevent the construction of any object which may constitute an obstruction to air navigation under the appropriat category of Federal Air Regulations Part 77 for the Airport and shall take immediate action to reduce such obstruction under the appropriate parts of Federal Air Regulation Part 77. 12. Insofar as it is within its power and is reasonable, the Sponsor will either by the acquisition and retention of property interests, in fee or ease- ment, or by the adoption and enforcement of local zoning regulations, take actio to restrict the use of land in the vicinity of the Airport to activities and purposes compatible with the normal operations of aircraft using the airport. 13. If, through any cause, the Sponsor shall fail to fulfill in a timely and proper manner his obligation under this Grant Agreement, or if the Sponsor shall violate any of the covenants, agreements or stipulations of this Grant Agreement, the Department shall have the right to terminate this Grant Agreement Jaw DETENTION SERVICES AGREEMENT WITH THE N. C. DIVISION OF YOUTH SERVICES by giving written notice to the Sponsor of such termination and specifying the effective date of such termination at least thirty days before such termina- tion. In such event, the Sponsor shall receive compensation equal to fifty percent of the non - federal share of any work acceptable to the Department which has been completed prior to the effective date of termination of this Grant Agreement. 14. This grant shall not be binding upon the parties until this agreement has been fully executed by the Department and the Sponsor. IN WITNESS WHEREOF, the parties hereto have executed this Grant Agreement the day and year first written above. NORTH CAROLINA DEPARTMENT OF TRANSPORTATION BY: Thomas Bradshaw Secretary of Transportation SPONSOR Official Agency: Harnett County Signed: M. H. Brock Title: Harnett County Manager ATTEST: H. D. Carson, Jr. Title: Clerk to the Board A motion was made by Commissioner Rudy Collins and seconded by Commissioner Shaw for the adoption of the following resolution, and upon being put to a vote was duly adopted: THAT, WHEREAS, the County of Harnett (hereinafter referred to as "Sponsor ") has made a formal application to the Department of Transportation (hereinafter referred to as "Department ") for State financial aid for the Harnett County Airport; and WHEREAS, a grant in the maximum amount of $201,600 has been approved: NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED that the County Manager of the Sponsor be and he hereby is authorized and empowered to enter into a Grant Agreement with the Department as may be necessary to effectuate the aforesaid expressed purpose, thereby binding the Sponsor to the fulfillment of its obligation incurred under this resolution and to its agreement under the said Grant Agreement with the Department. Commissioner Shaw made a motion that the Board adopt the following detention subsidy repayment agreement between Harnett County and the Division of Youth Services. Commissioner Collins seconded the motion and the agreement passed with a unanimous vote. STATE OF NORTH CAROLINA, DEPARTMENT OF HUMAN RESOURCES, 325 NORTH SALISBURY STREET RALEIGH, NC 27602 DETENTION SUBSIDY REPAYMENT AGREEMENT This contract is hereby executed between the Department of Human Resources, herein called Department, and Harnett County, hereinafter called County. WITNESSETH: THAT WHEREAS, Harnett County is eligible for juvenile detention services in a facility operated by the Department located at P.O. Box 64187, Fayetteville, North Carolina which is known as the Cumberland Juvenile Services Center, and WHEREAS, North Carolina General Statute 134A -38 provides that any county placing a child in a regional detention home shall pay fifty percent (50 %) of the per capita daily cost of caring for the Child to the Department. NOW, THEREFORE, for and in consideration of the mutual promises to each other, as hereinafter set out, the Department and the above mentioned county do mutually agree as follows: SECTION ONE -- PAYMENT TO DEPARTMENT A. The County Agrees to pay the Department $15 per child care day for which the regional detention facility keeps a child from said County in its detention facility. For the purposes of this contract, "child care day" is defined as any calendar day or portion thereof during which a child from said County is detained in the Regional detention facility. SECTION TWO- -USE OF DETENTION FACILITY A. Harnett County shall have the right subject to conditions set out in this section to place in the detention home operated by the Department children 456 PERMANENCY PLANNING MEDICAID OBLIGATION FOR THE FY 78 -79 from said County who are alleged,' or adjudicated to be delinquent as defined by Article 23, Chapter 7A of the North Carolina General Statutes and who require secure custody for the protection of the community or in the best interest of th child. B. Prior to the placement of a child from Harnett County in the regional detention facility, said County shall telephone the detention facility. If ther is space available for such a child, the County shall notify the detention facil ity as to when the child will arrive at the detention facility. C. No child may be placed in the detention facility without a copy of the petition and court order committing the child to the detention facility. D. If the regional detention facility does not have space for a child, said County must make other arrangements for the placement of the child.. The County should notify the Chief of Detention of the Division of Youth Service of the Department of Human Resources of the lack of space for the child. SECTION THREE -- PAYMENTS TO THE DEPARTMENT A. Harnett County shall pay the Department for money due under this con- tract at the rate set out in Section One, Paragraph A of this Contract on a monthly basis. Said payments shall be due ten days after receipt from the Department of the bill for the number of child care days provided by the said detention facility to children from said County. SECTION FOUR- -TERM OF AGREEMENT A. This contract shall be effective upon the signature of all the parties to this contract. This contract shall continue until 30 June 1981 unless sooner terminated. At the termination of this contract all monies due under the terms of this contract shall be made to the Department within ten days of receipt by Harnett County of a final bill from the Department. B. Either party to this contract may withdraw from the contract upon thirty (30) days written notice to the other party and payment in full of all monies due under this contract. C. At the end of this contract year, June 30, 1981, this contract will continue on a year to year basis unless notice of termination be given by the County or the Department of Human Resources. DEPARTMENT OF HUMAN RESOURCES Division of Youth Services HARNETT COUNTY BOARD OF COMMISSIONERS s/ Jesse Alphin Chairman Mrs. Helen Crews, Director of the Harnett County Department of Social Services appeared before the Board and explained the concept of permanency planning - -an effort to find permanent homes for foster children. She informed the Board that the Department of Human Resources had earmarked $650,000 of Title IV -B funds for the FY 1980 -81 to be used for this purpose, of which Harnett County would receive $6,420. Mrs. Crews apprised the Board that the County Department of Social Services would need approximately $17,700 (this figure includes the $6,420) to implement this program. It was the decision of the Board to take thi matter under advisement until a later date. Mrs. Crews, Director of the Harnett County Department of Social Services, informe the Commissioners that the County still had a medicaid obligation for the FY 1978 -79, even after the County had received its share from the $5 million for medicaid relief and the $3 million for Aid to Counties. Mrs. Crews requested that the Board of Commissioners appropriate the necessary funds to meet this obligation. Commissioner Brock made a motion that Harnett County pay its local medicaid obligation for the F.Y. 1978 -79, not to exceed the amount of $8,000. Commissioner Collins seconded the motion and the issue carrie TAX ATTORNEY'S REPORT The following Tax Attorney's Report was filed with the Board: Johnsonville Township Charles Keith Gardner, Jr., 79 CVD 0597 $279.90 $40. NEW SUITS COMMENCED: Stewart's Creek Township Paul E. Spearman 80 CVD 0655 10. Robert McNeill 80 CVD 0654 10. Reuben McKoy 80 CVD 0692 10. EXPENSES: Carolina Mobile Home 80 CVD 0655 3. Service of process fee TOTAL $73. l 4' `rr INDUSTRIAL BOND AUTHORITY Approval in Principle Edwards Brothers M. H. Brock, County Mana- ger, Authorized to Execute Contract with Division of Purchase and Contract for Eleven Cars Edward H. McCormick, County Attorney, announced, pursuant to Chapter 159C of the General Statutes of North Carolina and the regulations thereunder, that he had been advised that The Harnett County Industrial Facilities and Pollution Control Financing Authority intended to file an application with the Secretary of the Department of Commerce for approval of an indus- trial and manufacturing project for Edwards Brothers Incorporated in Harnett County, North Carolina,for it or its wholly -owned subsidiary, Graphics Press, Inc., to acquire an approximately 25 acre site located in Harnett County, North Carolina, to construct thereon an approximately 45,000 to 90,000 square foot industrial building, and to acquire and install therein certain equipment for commercial printing and book manufacturing, including printing presses, various binding machines, office furniture, materials handling equipment, storage racks and ancilliary equipment, to be financed for Edwards Brothers Incorporated by not exceeding $3,000,000 aggregate principal amount of bonds of the Authority. Since such application for approval cannot, under regulations of the Department of Commerce, be officially received until, among other things, the Board approved the project in principle, the Authority has recommended and requested that the Board pass a resolution approving the project in principle without in any way prejudicing the right and responsibility of the Board under G. S. 159C -4(d) to approve or not to approve the issuance of the bonds after the Department of Commerce has approved the project and the Local Government Commission has approved the bond issue, by which time additional information relative to the project, the Company and the proposed financing will have been developed. Thereupon, Commissioner Shaw introduced the following resolution, a copy of which had been distributed to each Commissioner and the title of which was read: RESOLUTION OF APPROVAL IN PRINCIPLE OF AN INDUSTRIAL AND MANUFACTURING PROJECT IN HARNETT COUNTY, NORTH CAROLINA, TO BE FINANCED FOR EDWARDS BROTHERS INCORPORATED BY NOT EXCEEDING $3,000,000 AGGREGATE PRINCIPAL AMOUNT OF BONDS OF THE HARNETT COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY. BE IT RESOLVED by the Board of Commissioners for the County of Harnett: Section 1. The proposed industrial and manufacturing project for Edwards Brothers Incorporated in Harnett County, North Carolina, for it or its wholly -owned subsidiary, Graphics Press, Inc., to acquire an approximately 25 acre site located in Harnett County, North Carolina, to construct thereon an approximately 45,000 to 90,000 square foot industrial building, and to acquire and install therein certain equipment for commer- cial printing and book manufacturing, including printing presses, various binding machines, office furniture, materials handling equipment, storage racks and ancilliary equipment, to be financed for Edwards Brothers Incorp- orated by not exceeding $3,000,000 aggregate principal amount of bonds of The Harnett County Industrial Facilities and Pollution Control Financing Authority is hereby approved in principle. Section 2. The Clerk to the Board of Commissioners for the County of Harnett, North Carolina, is directed to file a certified copy of this resolution with the Department of Commerce. Section 3. This resolution shall take effect immediately upon its passage. Commissioner Shaw moved passage of the foregoing resolution entitled: "APPROVAL IN PRINCIPLE OF AN INDUSTRIAL AND MANUFACTURING PROJECT IN HARNETT COUNTY, NORTH CAROLINA, TO BE FINANCED FOR EDWARDS BROTHERS, INCORPORATED BY NOT EXCEEDING $3,000,000 AGGREGATE PRINCIPAL AMOUNT OF BONDS OF THE HARNETT COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY ", Commissioner Collins seconded the motion and the resolution was passed by the following vote: AYES: Commissioners Brock, Shaw, Collins, and Alphin NOES: None Sheriff Lewis Rosser appeared before the Board and requested authorization for the County to enter into a contractual agreement with the North Carolina Department of Administration, Division of Purchase and Contract, to purchase eleven cars for the Sheriff's department. Commissioner Shaw made a motion that M. H. Brock, County Manager, be authorized to execute the contract with the Division of Purchase and Contract to purchase eleven cars for the Sheriff's Department. Commissioner Collins seconded the motion and the issue carried. 458 CONTRACT EXECUTED FOR Commissioner Collins made a motion that the Board adopt the following FOREST PROGRAM IN THE contract with the N. C. Department of Natural Resources and Community Develop - COUNTY ment for forest services in Harnett County. Commissioner Shaw seconded the motion and the issue carried: STATE OF NORTH CAROLINA, DEPARTMENT OF NATURAL RESOURCES AND COMMUNITY DEVELOPMENT. $72,500 - Total Cooperative Appropriation $43,500 - State 60% $29,000 - County 40% AGREEMENT FOR THE PROTECTION, DEVELOPMENT AND IMPROVEMENT OF FOREST LANDS IN HARNETT COUNTY, NORTH CAROLINA THIS AGREEMENT, made under authoirty of "An act to authorize Counties to cooper ate with State in Forest Protection, Reforestation and promotion of Forest Man- agement, " (Section 113 -9 of the General Statutes of North Carolina - 1943), and also under authority of another Section of the General Statutes, namely Section 113 -54, by the North Carolina Department of Natural Resources and Community Development (hereinafter called the Department), party of the first part, and the Board of Commissioners of Harnett County in the State of North Carolina (hereinafter called the Board), party of the second part, witnesseth: That WHEREAS the said Board, recognizing the need for active forest protection, development, reforestation, management and improvement in Harnett County, has accepted the offer of the Department for cooperation in accomplishing this object: Now, THEREFORE, in consideration of the mutual convenants hereinafter set forth the said parties contract and agree to maintain a legally appointed and equip- ped Forest Ranger organization in said county at the joint cost of the State and County, insofar as the joint funds will permit, as follows: Part I. THE DEPARTMENT AGREES: 1. To select, employ, and appoint, after consultation with the Board, a County Forester or County Forest Ranger for the purposes of controlling forest fires in said County; for detecting and extinguishing fires that break out; for investigating the origin of forest, woodland and field fires; for enforcing State forest fire laws; for taking such preventative measures, educational and otherwise, as shall seem necessary to prevent forest fires; for developing and improving the forests through reforestation, promotion and prac- tice of Forest Management practices; and for protection from insects and diseases. 2. To furnish to each Forester or Forest Ranger so employed a badge of office, stationery and report forms, instructional posters for use in the County, leaflets ,. for distributing to landowners and others; to purchase neces- sary equipment, communication systems, and other Forestry improvements deemed necessary insofar as the joint funds will permit. 3. To pay the Forester or Forest Ranger for all official services rendered, at a fair rate of pay. Rates of pay are to be established by the Department in accord with existing State salary schedules. 4. To direct supervise, instruct, and inspect, through its agents, the work and conduct of the Forester or Forest Rnnger, to discipline and, when necessary, discharge such Forester or Forest Ranger. 5. To submit to the Board of Commissioners monthly (or at other mutually satisfactory intervals) an itemized statement of all monies to be paid by the County and those paid by the Department for the proper conduct of work within said County. 6. To make available annually from State, Federal, and other funds allotted to it the sum of forty -three thousand five hundred dollars ($43,500) as its share of an annual budget of $72,500 for carrying on the work in said County. PART II. THE BOARD AGREES: 1. To pay to the Department 40% of the total cost of the Forester or Forest Ranger salaries and expenses and of other proper expenditures made in connection with the overall Forestry program in said County, upon receipt and consequent approval of the periodic statements submitted by the Department 2. To appropriate annually the sum of Twenty =nine thousand dollars ($29,000), which sum shall be available for expenditure under the terms of this Agreement, and shall represent the County's share of the annual budget. I amnrorxr.++.� r REDUCED SIGN -UP PROGRAM FOR METRO APPOINTMENT TO LEE - HARNETT MENTAL HEALTH BOARD TAX SUPERVISOR'S REPORT TAX COLLECTOR'S REPORT ADJOURNMENT PART III. IT IS EXPRESLY AGREED AND UNDERSTOOD BY BOTH PARTIES: 1. That this Agreement becomes effective July 1, 1980. 2. That the annual appropriations as set forth above may be revised by mutual agreement between the Department and the Board, based on the amount of annual appropriation desirable for the proper conduct of the Forestry work, such revision to become effective at the beginning of a given Fiscal Year. Any unused balance of County funds remaining at the end of a Fiscal Year shall revert to said County unless otherwise mutually agreed upon by both parties. 3. That the Board reimburse the Department as provided in Part II, Item I, by forwarding a county voucher drawn in favor of the Department for the amount of the County's share of expenditures as set forth in the Department's periodic statement to the Board. That such payments be made by the Board within thirty days following receipt of the Department's billing. 4. The title to all improvements and equipment purchased and /or constructed in connection with this agreement will rest with the Department; such materials or their equivalent will remain in the County as long as this Agreement is in effect, or as long as they are needed by the Department for the proper conduct of the work therein. 5. That the Forester or Forest Ranger periodically or at the request of the Board, shall present to the Board statements of the work being done within the County, so that said Board may be fully informed at all times regarding the Forestry finances and activities within the County. IN WITNESS WHEREOF, the said parties do hereunto affix their names and seals upon the date herein below specified. For the Board of County Commissioner of Harnett County. August 4, 1980 Jesse Alphin, Chairman Provisions for the payment of the monies to fall due under this Agreement have been made by appropriation duly made or by bonds or notes duly authorized, as required by the "County Fiscal Control Act" August 15, 1980 H. D. Carson, Jr., Finance Officer Rodney Tart, Director of the Northeast Metropolitan Water District, appeared before the Board and requested that the Board of Commissioners implement a reduced sign -up program to enhance new customers. Commissioner Brock made a motion that the Northeast Metropolitan Water District proceed with a reduced Tap -on program at a rate of $125 plus $10 deposit which is to remain in effect for a 12 -month period or until the 250 surplus meters and meter boxes have been sold. Commission- er Shaw seconded the motion and the issue carried. Commissioner Collins made a motion that Dr. John Thornton be appointed to serve on the Lee - Harnett Mental Health Board. Commissioner Brock seconded the motion and the issue carried. Thomas Allen, Tax Supervisor, appeared before the Board and presented a report on his department. Earl Jones, Tax Collector, appeared before the Board and presented a report on the activities of his department for the month of July, 1980, and his plans for the month of August, 1980. There being no further business, the Harnett County Board of Commissioners meeting of August 4, 1980, duly adjourned at 12 no i -) se Alphin, Chai H. D. Carson, Jr., Clerk to the Board