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HomeMy WebLinkAbout11031980496 CALL TO ORDER PRAYER MINUTES APPROVED DON DUPREE, DOT RESOLUTION RE: PATE ROAD BOB ETHERIDGE HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, NOVEMBER 3, 1980 The Harnett County Board of Commissioners met in regular session on Monday, November 3, 1980, in the Commissioners Room, County Office Building, Lillington, North Carolina, with the following members present: Lloyd G. Stewart, M. H. Brock, Bill Shaw, Rudy Collins, and Chairman Jesse Alphin presiding. H. D. Carson, Jr.; Clerk to the Board, and Edward H. McCormick, County Attorney, were also present. Chairman Jesse Alphin called the meeting to order at 9 :15 a.m. Sheriff Lewis Rosser led the morning prayer. The minutes from the Harnett County Board of Commissioners meeting of October 20, 1980, were approved as read. Don Dupree, District Engineer.with the North Carolina Department o Transportation, appeared before the Board to discuss road matters and situations in Harnett County. Commissioner Shaw moved the adoption of the following resolution adding Pate Road to the State Highway System. Commissioner Stewar seconded the motion and the issue carried: Whereas, Pate Road, located in Western Harnett County, connects SR 1117 and SR 1116; and Whereas, this road is 1.10 miles in length; and Whereas, the residents on Pate Road have petitioned the Harnett County Board of Commissioners to Upgrade this Road; and Whereas, the Harnett County Board of Commissioners have requested the North Carolina Department of Transportation to add Pate Road to the State Highway System as a Substandard Subdivision Road; and Whereas, the upgrading of Pate Road will be Funded with Secondary Construction Monies. Now, Therefore, Be It Resolved that the Harnett County Board of Commissioners approved the Addition of Pate Raod to the State Highway System for Maintenance. Done This Third day of November, Nineteen Hundred and Eighty. Bob Etheridge, Representative with the North Carolina House, appeared before the Board to discuss legislative matters regarding local government. CONTRACT OF EMPLOY- Commissioner Brock made a motion that the County enter into the MENT BETWEEN IV -D following contract of employment between the Harnett County AND WOODALL (&- MCCOR- Department of Social Services, IV -D Division, and the law firm of MICK Woodall & McCormick, P.A. Commissioner Shaw seconded the motion and the issue carried. STATE OF NORTH CAROLINA COUNTY OF HARNETT CONTRACT OF EMPLOYMENT THIS CONTRACT made and entered into this the first day of July, 1980, by and between the Harnett County Department of Social Services, IV -D Division, party of the first part, and the law firm of Woodall & McCormick, P. A., party of the second part; I T N E S S E T T H: THAT WHEREAS, the party of the first part desires to employ said party of the second part as its counselors at law for the County of Harnett upon the following terms: 1. This Contract shall begin on the first day of July, 1980, and shall exist and continue until terminated at will upon thirty (30) days notice of either party. 2. Said party of the second part, upon reasonable notice, is to be avail- able for consultation, legal advice and representation on all legal matters arising from the duites of the Party of the first part under Sections 128 throu 140 of Chapter 110 of the North Carolina General Statutes and Title 42 of the United States Code, Sections 651 through 660 and the federal regulations lawfully promulgated pursuant thereto. 3. Said party of the second part agrees to comply with all the require- ments of. sections 128 through 140 Chapter 110 of the North Carolina General Statutes, Title 42 of the United States Code, Sections 651 through 660, and the regulations promulgated pursuant thereto relating to the performance of 4n program legal services including, but not limited to, maintaining such records as are required by the party of the first part, to make said records available for federal or state audit if required, and to make financial, statistical, and program progress reports as are required. 4. For its services under this contract, the party of the first part agrees to pay the party of the second part Forty Dollars ($40.00) per hour for each hour spent by the party of the second part providing legal services under the Child Support Enforcement Program of the North Carolina Department of Human Resources. Such hourly rate shall encompass all expenses, including but not limited to, those for salary, supplies, office space, heating and maintenance for office space, telephone service, long distance telephone calls and travel. The party of the second part is not to be reimbursed for an extraordinary expense incident to performing the services included under this agreement; except, that the party of the first part agrees to pay all court costs and filing fees which are required to be paid in conjunction with services provided by the party of the second part under this agreement. ORDINANCE REGUL- ATING THE USE OF WATER AND SEWER FACILITIES OPER- ATED BY THE COUNTY OF HARNETT IN TESTIMONY WHEREOF said parties have executed this contract in triplicate originals, one of which is to be retained by the party of the first part, one of which is to be retained by the party of the second part, and one of which is to be filed with the Child Support Enforcement Section, Division of Social Services, Department of Human Resources, Raleigh, North Carolina. Rodney Tart, Director of the Northeast Metropolitan Water District, appeared before the Board and presented an ordinance entitled: "An Ordinance Regulating the Use of Water and Sewer Facilities Operated by the County of Harnett Fixing Rents, Rates, Fees, and other Services for Providing for the Collection of the Same" for the Board's consideration. Commissioner Brock introduced the following ordinance AN ORDINANCE REGULATING THE USE OF WATER AND SEWER FACILITIES OPERATED BY THE COUNTY OF HARNETT FIXING RENTS, RATES, FEES AND OTHER CHARGES AND PROVIDING FOR COLLECTION OF SAME BE IT ORDAINED BY THE COUNTY BOARD OF COMMISSIONERS OF HARNETT COUNTY. Section 1. Authority. This ordinance is adopted pursuant to North Carolina General Statute 153A -275 and for the purpose of providing adequate and reasonable rules and regulations to protect and regulate water supply and distribution systems owned or operated by the county of Harnett. The ordinance is also adopted pursuant to North Carolina General Statute 153A -277 for the purpose of establishing a schedule of rents, rates, fees, charges and penalties for the use of and services furnished by water supply and distribution systems owned or operated by the County of Harnett. Section 2. Definitions. Building is a structure as defined in the Building Code. Connection is that part of the water service line which runs from the main to the property line, including all appurtenances to make the service complete and ready for use. Consumer is the person legally or equitably responsible for the payment of charges for water or sewer rent on any premises. Improved Street is any street having a wearing surface of concrete, brick, stone block, asphalt, or any bituminous compound. Lateral is that portion of the water connection which does not include meter, box or meter setter or connection. Service Lines is a water line which may service a house, business, apartments, etc. which runs from the street to the establishment being served. Easement shall mean an acquired legal right for the specific use of land owned by others. Controlled By is owned, operated or leased by. May is permissive (see "shall "). Shall is mandatory (see "may "). Main is the water pipe usually laid in a property line which distributes water or Occupant is the consumer who is actually premises. Owner is the person having legal or equitable title to any premises street running parallel to the collects sewage. in possession of control of any 498 Person is an individual, firm, association, partnership, or corporation. Premises is land, building, or other structure and appurtenances thereto. Unusual Conditions to mean delays in acquiring materials, parts and (or) supplies, rock encountered in 'construction and other items which might cause delays not under the control of the County. Section 3. Water Laterals and Tap -On. Water laterals will be installed only at the request of the Owner or his agent. When the lateral terminates at the property line, the meter shall not be set and later 'shall not be - -used until the owner. of the property or, his agent applies for service. Section 4. Connection To Be Made By County Only Upon Application. The construction of water laterals within the street right -of -way and the setting of meters shall be the responsibility of the County of Harnett. The construction of such lateral or the setting of such meter shall be done only after the written application therefor has been approved. The only exception to this provision will be when laterals and meter yokes are installed by developer's con - tractors in new subdivisions in compliance with these Rules and Regulations as shall be established by the County of Harnett from time to time. Section 5. Application for Connection. Every application for water service shall list, on forms provided by the County of Harnett, the property owner, the applicant's name, the street on which the lot is located, the number of the house or a description of the lot location, the number of all types of fixtures planned in the building now and proposed for the future, the distance .. from the property line where service comes from the street to the furthermost point of the building as planned, and the name of the plumber who will do the work. This application shall be filed not less than ten days before the proposed connection is desired. Unusual conditions may be just cause for additional time in providing the services required. When the size of the service and the cost of the connection have been determined, the applicant shall deposit the previously determined cost and shall be issued a permit for the desired connection. The County of Harnett shall have responsibility for the design of a sprinkler or other fire protection system. Application for a connection to serve such a system shall be made exactly as outlined above except that the size of the connection desired shall be placed upon the application and installation shall be made subject to securing required parts and materials. Section 6. Disapproval of Application. If, in the opinion of the County through its duly, constituted authority, the water connection applied for will be of such size or character as to put too great a demand on any part of the system and disrupt the County's ordinary water service (500 GPM at 20 PSI residual plus normal service requirements), it shall disapprove the application until such time as adequate means are provided by the applicant . to eliminate the unsatisfactory condition. If, at any time, changes are made by a consumer in his service requirements so as to create an unsatisfactory condi- tion in the County's water service, the County shall require the consumer to adopt remedial measures to eliminate the unsatisfactory condition. The County shall not in any way be responsible for any cost or inconvenience caused by a. change in service requirements after an application has been approved, or by an installation before the application has been approved. Section 7. Separate Water and Sewer Connections and Meters Required. Each building shall have a separate meter, and where practicable shall have a separate water lateral. In the event that one lateral is used for two dwellings, commercial or industrial buildings, or used to serve two or more meters for the same dwelling, commercial or industrial buildings, a separate cut -off shall be provided for each meter.. However, there shall be an exception to the requirement for separate water meters in the case of groups of mobile homes or apartment developments under single ownership. In the case of said groups of mobile homes or apartment developments of more than ten (10) unites, one meter shall be used for the entire project unless additional meters are deemed necessary by the proper County authority, and the following conditions shall be met: (a) Bills will be rendered to Owner of the property. (b) The bill will be calculated by a minimum charge for the master meter and for each of the total number of units included thereafter, and calculating the remaining billbased on the total consumption passing through the master meter above the minimum; provided, however, owners of ten or fewer 4 499. multiple units may elect to have water metered directly to each unit and the charge therefore billed directly to the user in each unit. (c) Should any portion of the development be sold, the owners shall be responsible for paying whatever additional costs would be involved inbringing the divided develop- ment into compliance with this article. In the case of group mobile homes or apartment developments where ten or fewer units are involved, and where ownership is in one party, the owner may elect to have a single mete_ used for the entire project. Where such election is made the owner shall comply with the conditions set forth as (a), (b), and (c) set forth in the paragraph above. Section 8. Connections and Meters to Remain Property of the County. All meters, boxes, pipes and other equipment furnished and installed by the County in a water or sewer connection shall remain the property of the County. If, after an installation is completed, the property owner requests that a meter or lateral be changed in size and this request is approved by the County, the property owner shall pay for the change of lateral as though it were a new connection and shall pay or be refunded the difference of the cost of meters in the original and new installations according to the then current price of the two meters. Section 9. Maintenance of Meters and Connections. All meters and water laterals shall be maintained by the County at the County's expense, except meters required by paragraph 2. Section 10. Connection to Other Than Metro - District Supply. No part of the County's water system shall be connected to any source of water supply other than those authorized by official action of the County Board of Commis- sioners. If, on any premises, both County water and water from any other source are used, the piping shall be completely separate. Pipes carrying water from a source other than the County's supply shall be painted yellow. Section 11. When Water Meters Read. All water meters on water systems controlled by the County shall be read monthly. Section 12. Adjustment of Overcharges. The County shall have the authority to adjust any water bill after determining that the water bill is excessive, upon the following conditions: (a) If the cause is a defect in a water meter, the water bill shall be reduced by fifty percent (50 %) of the amount by which it exceeds one and one -half (12) times the average water bill for the preceding three (3) months. (b) If the cause is of an undetermined origin, and it does not appear upon investigation that the occupant or occupants of the premises served were in any way at fault for the excessive water bill, the adjusted bill shall be calculated the same as in (a) of this rule. (c) All metered water lost due to negligence on the part of the user will be charged at the normal rate, and no adjustment of the bill shall be made. Section 13. Meter Tests. Any consumer may have a test of his water meter made upon payment in advance of a fee of actual cost of the test for any size meter. A deposit for the estimated cost of the test is required before such test is conducted. If the consumption shown on the meter in question is greater than twice the average consumption for the preceding six months, the fee for testing the meter shall be waived. Since the most accurate water meters suitable for general use require a margin of approximately two and one - half percent for error, any meter which shows upon test an error not greater than two and one -half percent shall not be considered defective. If the meter is found to be over - registering in excess of two and one -half percent, refund shall be made in accord- ance with Article 12 (a) above, and the deposit paid for the test shall be refunded. Section 14. Water for Circuses and Other Similar Temporary Users. Water from a hydrant will be furnished any circus, road show, carnival, fair or other similar temporary user at a per diem rate to be paid in advance and to be deter- mined by the County upon the basis of the estimated quantity needed. When water is thus to be furnished, a temporary metered connection (all provisions apply) will record the usage during the hours specified by the County at the service designated for such purpose. The service period expires when notification is given the County department head who manages the water system. The meters will be read, and a bill rendered for any unpaid balance or refund made to consumer for any overpayment. Section 15. Water for Building Purposes. 0 Portable meters for connection to fire hydrants may be furnished by the County after an application and a deposit of $75 (minimum) has been filed with the County water department. The actual deposit shall be as determined by the County, but in no case shall the deposit exceed the cost of meter, materials, and installation cost thereof. The applicant shall be responsible for any damage to the hydrant, meter, connections etc., used in the installation and the cost of any such damage shall be taken from the deposit. A service charge equal to the then minimum monthly water bill rate for each month or part thereof shall be made for a temporary meter in addition to the cost of the water used through such meter. After deducting the water bill, service charge and any cost of damage to the installation, the County shall refund the balance of the deposit to the applicant as soon as the meter is removed and returned to the County's stock. While in use, no wrench shall be used on the hydrant except a hydrant wrench furnished by the County. If scarred by unauthorized methods, the cost of nut and labor to repair shall be charged to person responsible. Should the water bill, service charge and cost of damage exceed the deposit the user shall pay the amount of such excess to the County. Section 16. Tampering with Meters and Stopcocks. No person, except a duly authorized employee of the County, shall turn the stopcock installed in each meter box nor shall any person construct or have constructed any bypass around any meter except as may be installed and sealed by the County. The fact that water is cut on to any premises by an occupant thereof without the prior knowledge of either the County or the Owner shall not relieve such premises of liability for such unauthorized use of water. Section 17. No Guarantee of Quality , -;Quantity;` -or Pressure' -of- -Water Supply. Notice to be Given When Water Is To Be Cut Off. The County does not guarantee the quality, quantity or pressure of its water supply. It is hereby made a portion of the terms on which the County furnished water to consumers that the County °shall in no case be liable to any consumer for any defect on quality or any deficiency in quantity or pres- sure; that the County shall not be liable to any consumer for damages result- ing from the complete or partial cutting off of water; and no deduction shall be made from any water bill by reason of any such defect or deficiency. In every case where particable, amply notice by the best means available shall be given when the water is to be cut off from any portion of a water system controlled by the County. No County employee shall take responsibility for telling a property owner or occupant how best to care for his boiler, heater, or other equipment which is affected by the discontinuance, either temporary or permanent, or his water supply. The owner or occupant shall be entirely responsible for his equipment and shall hold the County in no way responsible for damage thereof. Section 18. Protection of Water Supply. No person shall contaminate any portion of the County's water supply whether the same is in a reservoir, or tank, or pipe. Section 19. Repealing Clause. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. If any section, paragraph, subdivision, clause or pro- vision of this ordinance shall be adjudged invalid, such adjudication shall apply only tosuch section, paragraph, subdivision, clause or provision so adjudged, and the remainder of this ordinance shall be deemed valid and effect- ive. Section 20. Procedures. (a) Service will be supplied only to those who apply. (b) Users will make application for service, in person, at the office of the County department managing the water system and at the same time make the deposit guarantee required below. (c) The County may reject any application for service not available under a standard rate or which involves excessive service cost, or which may affect the supply of service to other customers or for other good and sufficient reasons. (d) The County may reject any application for service when the applicant is delinquent in payment of any bills incurred for service or con- nection fees previously supplied at any location, provided that when the Owner of the premises has been served water and has not paid for the same, the County shall not be required to render service to anyone at said location where the water was used until said water bill has been paid. (e) All users who own real estate within the County will make a minimum cash deposit of $10. All other users shall make a minimum cash `• deposit of $25. Deposits shall not draw interest. All users who qualify as commercial users under the then current rate structure shall be exempt from this deposit requirement. (f) The individual in whose name the deposit is made shall be responsible for pay- ment of all bills incurred in connection with the service furnished. (8) A separate deposit is required for each meter and /or service connection request- ed. (h) The deposit receipt is not negotiable and can be redeemed only at the proper County office to be designated from time to time. (i) The deposit required by Rules & Regulations or part remaining thereof will be refunded upon payment of final bill and final accounting. Section 21. Initial or Minimum Charge. (a) The initial or minimum charge, as provided in the rate schedule, shall be made for each meter installed, regardless of location. Each meter requires a separate meter reading sheet, and each meter reading sheet shall cover a separate and individual account. (b) In resort or seasonal areas where service is furnished to a consumer during certain months only, the minimum charge per service for the period of non -use shall be the regular minimum as set out in the published rates of the County. (c) Water furnished for a given lot shall be used on that lot only. Each consumer's service must be separately metered at a single delivery and metering point. Each commercial unit and each storeroom or stall used for business purposes shall have a separate meter. All commercial use including storerooms and stalls for business purposes shall be metered separately from any residential use and vice versa, whether now in service or to be installed in the future. Section 22. County's Responsibility And Liability. (a) The County shall run a service line from its distribution line to the property line where the distribution line runs immediately adjacent and parallel to the property to be served, and for which a tap -on fee, fee -in -lieu of assessment, and acreage charge then in effect for each size of meter will be charged. (b) The County may install a meter at the property line or, at the County's option, on the consumers property or in a location mutually agreed upon. (c) When two or more meters are to be installed on the same premises for different consumers, they shall be closely grouped and each clearly designated to which consumer it applies. - (d) The County does not assume the responsibility of inspecting the consumer's pip- ing or apparatus and will not be responsible therefor. (e) The County reserves the right to refuse service unless the consumer's lines or piping are installed in such manner as to prevent cross - connections or backflow. (f) The County shall not be liable for damage of any kind whatsoever resulting from water or the use of water on the consumer's premises, unless such damage results directly from negligence on the part of the County. The County shall not be responsible for any damage done by or resulting from any defect in the piping, fixtures, or appliances on the consumer's premises. The County shall not be responsible for negligence of third persons or forces beyond the control of the County resulting in any interruption of service. (g) Under normal conditions, the consumer will be notified of any anticipated in- terruption of service. Section 23. Consumers Responsibility. (a) Piping on the consumer's premises must be so arranged that the connections are conveniently located with respect to the County's lines or mains. (b) If the consumer's piping on consumer's premises is so arranged that the County is called upon to provide additional meter, each place of metering will be con- sidered as a separate and individual account. (c) Where meter is placed on premises of a consumer, a suitable place shall be pro- vided by consumer for placing such meter, unobstructed and accessible at all times to the meter reader. 5 (d) The consumer shall furnish and maintain the service line on the consu- mer's side of the meter; the County to provide a like service on the County's side of such meter. (e) The consumer's piping and apparatus shall be installed and maintained by the consumer at the consumer's expense in a safe and efficient manner an in accordance with the County's rules and regulations and ordinances and in full compliance with the sanitary regulations of the North Carolina State Board of Health. (f) The consumer shall guarantee proper protection for all property control- led by Harnett County and placed on the consumer's premises by the Count or any predecessor in interest to the County and shall permit access to it only by authorized representatives of the County. (g) In the event that any loss or damage to such property or any accident or injury to persons or property is caused by or results from the negligence or wrongful act of the consumer, his agents, or employees, the cost of the necessary repairs or replacements shall be paid by the consumer to the County and any liability otherwise resulting shall be assumed by the consumer. (h) The amount of such loss or damage or the cost of repairs shall be added to the consumer's bill; and if not paid, service may be discontinued by the County. Section 24. Access To Premises. (a) Duly authorized agents of the County shall have access at all reasonable hours to the premises of the consumer for the purpose of installing or removing property controlled by Harnett County, inspecting piping, read- ing or testing meters, or for any other purpose in connection with the County's service and facilities. Section 25. Change Of Occupancy. (a) Not less than three days notice must be given in person or in writing to discontinue service for a change in occupancy. Such notice shall be given at the County office which has responsibility for management of water and sewer systems. (b) The outgoing party shall be responsible for all water consumed up to the time of departure or the time specified for departure, whichever period is longest. Section 26. Suspension Of Service. (a) Services may be discontinued at the request of the consumer. When ser- vices are discontinued and all bills paid, the deposit will be refunded in accordance with the articles of these Rules and Regulations. (b) Services may also be discontinued by the County to any customer whose account remains delinquent for more than ten (10) days. The deposit will be applied by the County toward settlement of the account. Any balance will be refunded to the consumer; but if the deposit is not sufficient to cover the bill, the County may proceed to collect the balance in the usual way provided by law for the collection of debts. (c) Service discontinued for non - payment of bills at the request of consumer will be restored only after bills are paid in full, and a service charge of$25 paid for each meter reconnected except as set forth hereafter. The consumer being reconnected must also make the required deposit. (d) After a connection has been discontinued for a period of twelve consecu- tive months the County may remove the meter base, meter, curb stop valve, meter box and service line for use elsewhere or for storage. (e) At any time after the meter base, meter, curb stop valve and meter box have been removed in addition to the service charge set forth in sub- section (c) above an additional service charge equal to the then current tap -on -fee shall be paid as a reconnection fee. Also the con- sumer must make the required deposit. (f) The County reserves the right to discontinue its service without notice for the following additional reasons: 1. To prevent fraud or abuse. 2. Consumers willful disregard for the County's rules and ordinances. 3. Emergency repairs. 4. Insufficiency of supply due to circumstances beyond the County's control. 5. Legal Processes. 6. Direction of public authorities. 7. Strike, riot, fire, flood, accident, or any unavoidable cause. (g) The County may, in addition to prosecution by law, permanently refuse service to any consumer who tampers with a meter or other measuring device. (h) The Northeast Metropolitan Water District of Harnett County gave a privi- lege for early connection to the water system to every property owner or resident within the Metro District as the water mains were installed. From time to time the County may give privileges for connections at re- duced amounts in order to encourage additional hookups to increase revenue Any consumer who takes advantage of a reduced connection will be respon- sible for paying minimum monthly water bills whether or not water is actually used until such time as the reduced connection fee charged plus all monthly minimum water bills charged equal the then current charge for tap -on connection (including fee -in -lieu of assessment charges). The consumer shall remain liable for minimum monthly bills thereafter until he has notified the County in accordance with other provisions of this ordinance that he desires to stop his service. Section 27. Complaints - Adjustments. (a) If the consumer believes his bill to be in error, he shall present his claim, in person, at the office of the County department managing the water system before the bill becomes delinquent. Such claim if made after the bill has become delinquent shall not be effective in preventing dis- continuance of service as heretofore provided. The consumer may pay such bill under protest, and said payment shall notprejudice his claim. (b) The County will make special meter readings at the request of the consumer for a fee of $5 provided, however, that if such special reading discloses that the meter was overread, or in error in any way, the fee will be re- funded. (c) Meters will be tested at the request of the consumer upon payment to the County of the actual cost to the County of making the test provided, how- ever, that if the meter is found to overregister or underregister beyond two and one -half per centum (21) of the correct volume, no charge will be made. (d) If the seal of the meter is broken by other than the County's representa- tive, or if the meter fails to register correctly, or is stopped for any cause, the consumer shall pay an amount estimated from the record of his previous bills and /or from other proper data. No modification of rates or any of the rules and regulations shall be made by any employee of the County. Section 28. Classifications, Rates, Fees and Charges. The following classifications, rates, fees, assessments and charges are adopter (a) Classification of Service. All services are classified under two categories to include residential or commercial users. A residential service is a service requiring a meter size up to and including one inch. All other service shall be commercial. (b) Rate Schedules. (1) Residential: Water Schedule Monthly First 2,000 gallons (minimum) $6 504 (c) Next 3,000 gallons Next 5,000 gallons Next 10,000 gallons Next 15,000 gallons Next 15,000 gallons Next 50,000 gallons $2/M $1.50 /M $1.00 /M $0.80/M $0.70 /M $0.50/M (2) Commercial: $7.50 per month minimum service charge plus $0.50 per 1,000 gallons for all water used. In cases where two inch connec -i_ tion and above are to be installed the County may require that the consumer guarantee a minimum usage allocation and pay for same whether used or not. Note: In the case of groups of mobile homes or apartment de- velopments which have single meters as authorized or required by Section 7 hereof the charge shall be calculated as follows: the standard minimum charge then in effect for commercial users and a minimum charge of $5 per month for all units con- nected to thereafter whether in use or not. In addition, there shall be a charge of 50 per thousand gallons of water used in excess of a number of gallons to be computed by multi- plying the number of units served through the master meter whether said units are in use or not times 2000. Tap -On -Fees. If water laterals are installed by the County or County's contrac- tor, the tap -on fees shall be $175. This fee shall apply to three - fourths inch meter size residential services only. All other connections tap -on -fees shall be cost of installation and mate- rials plus twenty (20) percent. (d) Fee -In- Lieu -Of Assessment. $350 Per Residential Connection. (e) Front Foot Assessments. $3.30 per foot (All connections other than residential). Footage Schedule (f) (g) 11/2" connection up to 2" connection up to 3" connection up to 4" connection up to 6" connection up to 8" connection up to amaximum of 300 feet. a maximum of 400 feet. a maximum of 500 feet. a maximum of 800 feet. a maximum of 1,000 feet. a maximum of 1,200 feet. Larger connections including connections to incorpo lities by negotiations as may be appropriate. Fire Protection Charges. Services Stanby Fire Plugs 6" Sprinkler Connection 8" Sprinkler Connection 12" Sprinkler Connection Others Master Meter Connection Fee. The master, meter (20) percent. (h) Rates for persons connection fee living outside Charges ated municipa- $5 /month each added to water bil- ling, plus cost of installation and materials $10 /month, plus cost of tion and materials $25 /month, plus cost of tion and materials $100 /month, plus cost of tion and materials Negotiated installa- installa- install&- is cost of materials, plus the ):District. twenty Rates for persons living outside the Northeastern Metropolitan Water District of Harnett County shall be equal to rates for ACTION NOISE ORDINANCE persons living inside the District so long as no tax is levied within the District for support of the system; if a tax is levied on users inside the water District for the purpose of supporting the water system, then the users outside the District shall pay an increased rate as established by the County from time to time. In setting such increased rate, the County will take into consideration the rate paid by persons inside the Metro - District plus taxes levied on them for support of the water system. Upon motion of Commissioner Collins, seconded by Commissiona= Shaw the foregoing ordinance entitled: "AN ORDINANCE REGULAT- ING THE USE OF WATER AND SEWER FACILITIES OPERATED BY THE COUNTY OF HARNETT FIXING RENT, RATES, FEES, AND OTHER CHARGES FOR PROVIDING FOR COLLECTION OF SAME" was passed by the following vote: Ayes: Commissioners M. H. Brock, Lloyd G. Stewart, Bill Shaw, Rudy Collins, and Chairman Jesse Alphin Noes: None Sheriff Lewis Rosser appeared before the Board and presented an ordinance entitled: "ORDINANCE PROHIBITING THE PRODUCTION OR EMISSION OF NOISES OR AMPLIFIED SPEECH, MUSIC OR OTHER SOUNDS THAT TEND TO ANNOY, DISTURB OR FRIGHTEN CITIZENS OF THE COUNTY." Commissioner Stewart introduced the following Ordinance: AN ORDINANCE PROHIBITING THE PRODUCTION OR EMISSION OF NOISE OR AMPLIFIED SPEECH, MUSIC OR OTHER SOUNDS THAT TEND TO ANNOY, DISTURB OR FRIGHTEN CITIZENS OF THE COUNTY BE IT ORDAINED BY THE COUNTY BOARD OF COMMISSIONERS OF HARNETT COUNTY. Section 1. Authority. This Ordinance is adopted pursuant to North Carolina General Statute 153A -133 and for the purpose of prohibiting the production or emission of noises or amplified speech, music or other sounds that tend to annoy, disturb or frighten citizens of this county. Section 2. Day Time Noises. Subject to the provisision of this Ordinance, the creation of any unreasonably loud, disturbing and unnecessary noise in Harnett County between the hours of 7:00 a.m. and 10:00 p.m. (EST or EDT whichever is then in effect) within one hundred (100) yards of a: dwelling unit, house, trailer, or other building ordinarily occupied by another person, when such person who owns or is in control of such building has not given prior consent, or within twenty five (25) yards of a publicly maintained road or public vehicular area, is prohibited. Section 3. Night Time Noises. Subject to the provisions of this Ordinance, the creation of any unreasonably loud, disturbing and unnecessary noise in Harnett County between the hours of 10:00 p.m. and 7:00 a.m. the following morning (EST or EDT whichever is then in effect) within three hundred (300) yards of any dwelling unit, house, trailer, or building ordinarily occupied by another person, when such person who owns or is in control of such building has not given prior consent; or within twenty five (25) yards of a publicly maintained highway or public vehicular area, is prohibited. Section 4. Noises Detrimental to Life or Health. Noise of such character, intensity and duration as to be detrimental to the life or health of any individual is prohibited within Harnett County no matter what the distance or source of such noise is from any dwelling unit, house, trailer, or building occupied by such other person, unless the person in control of such unit, house, trailer, or building has given specific consent for such noise to continue. Section 5. Noises Expressly Prohibited. The following acts, among others, are declared to be loud, disturb- ing and unnecessary noises in violation of this Ordinance, but said enumeration shall not be deemed to be exclusive, namely; (a) Blowing Horns: The sounding of any horn or signal on any automobile, motorcycle, bus, or other vehicle, except as a danger signal, so as to create any unreasonably loud or harsh X06 ACTION sound, or the sounding of such device for an unnecessary and unreasonable period of time. (b) Radios, Phonographs, etc.: The playing of any radio, phonograph, or other musical instrument in such manner or with such volume, as to unreasonably annoy or disturb the quiet, comfort, or repose of any persons in any dwelling, unit, house, trailer, building or other type of residence. (c) Pets: The keeping of any animal or bird, which, by causing frequent or long continued noise, shall unreasonably disturb the comfort and repose of any person in the vicinity. (d) Use of Vehicle: The use of any automobile, motorcycle, or vehicle so loaded or operated in such manner as to create an unreasonably loud or unnecessary grating, grinding, rattling or other noise, (e) Blowing Whistles: The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work or as a warning of danger. Section 6. Penalty. If any person shall violate any provision, rule or regulation of this Ordinance, he shall be guilty of a misdemeanor and upon conviction punished as prescribed by North Carolina General Statute 14 -4. Each day that a person shall continue to do any act in violation of such provision, rule or regulation shall constitute a distinct and separate offense. Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. Upon motion of Commissioner Stewart, seconded by Commissioner Collins, the foregoing ordinance entitled: "ORDINANCE PROHIBITING THE PRODUCTION OR EMISSION OF NOISES OR AMPLIFIED SPEECH, MUSIC, OR OTHER SOUNDS THAT TEND TO ANNOY, DISTURB OR FRIGHTEN CITIZENS OF THE COUNTY" was passed upon the following vote: AYES: Com- missioners Lloyd G. Stewart, M. H. Brock, Bill Shaw, Rudy Collins, and Chairman Jesse Alphin NOES: None DICTATION SYSTEM Sheriff Lewis Rosser appeared before the Board and presented a FOR SHERIFF'S contract for the purchase or lease - purchase of a dictation DEPARTMENT system for Harnett County Sheriff's Department. This system will be utilized to record all incoming and outgoing telephone and radio calls. Commissioner Collins made a motion that this proposal accompanied with an additional proposal for a timing device be brought back before the Board at its first Monday meet- ing in December. Commissioner Shaw seconded the motion and the issue carried. PROGRESS REPORT ON AIRPORT (Hangers) BUDGET AMENDMENT TO METRO (Capital Outlay) Tony Tucker, Director of the Harnett County Planning & Development Office, appeared before the Board and presented a progress report on the airport project. Mr. Tucker also appeared before the Board on behalf of the Harnett County Airport Commission and requested the Commissioners' endorsement of the concept to allow private construction of hangers at the airport site. Mr. Tucker stated that the Airport Committee would come back before the Board of Commissioners at a later date with a formal proposal concerning the construction of hangers; but at the present time, they only wished to have the Board's support of the concep- to allow persons to construct private hangers. The Board indicated their endorsement of this concept. Rodney Tart, Director of the Northeast Metropolitan Water District appeared before the Board and requested a budget amendment to increase Code 30- 810 -74, Capital Outlay, in the amount of $2,400. Commissioner Brock made a motion that Code 30- 810 -74 be amended by $2,400. Commissioner Stewart seconded the motion and the issue carried. BUDGET AMENDMENT s Rodney Tart, Director of the Northeast Metropolitan Water District TO METRO appeared before the Board and requested a budget amendment to (Salaries & Wages) Code 30- 720 -02, Salaries & Wages in the amount of $5,055. Mr. Tar explained that this money would be used to employ a permanent bookkeeper, which had been working with Metro under the CETA program. Mr. Tart informed the Board that this person's tenure with CETA would end the middle of November Following a discus - sion of this matter, a committee consisting of Mr. Brock, Mr. Shaw, and Mr. Collins was appointed to determine whether or not the hir- ing of this person was feasible. TAX COLLECTOR'S REPORT TAX SUPERVISOR'S REPORT ACTION STATEMENT OF INVESTMENTS Earl Jones, Tax Collector, appeared before the Board and presented a report on the activities of his department for the month of October and his plans for the month of November. Thomas Allen, Tax Supervisor, appeared before the Board and informed the Commissioners that at the Board of Commissioners meeting of October 6, 1980, the Board approved a release to Ms. Iva M. Spence in the amount of $69.00; however, Ms. Spence paid her taxes before Mr. Allen could record the release. Therefore, Mr. Allen requested that the Board void the release and approve a refund to Ms. Iva M. Spence in the amount of $69.00. Commissioner Collins made a motion to void the release to Ms. Iva Spence and approved a refund to Ms. Spence in the amount of $69.00 for exemp- tion to the elderly with limited income. Commissioner Shaw second- ed the motion and the issue carried. Mr. Allen presented a refund for the Board's consideration to Evelyn C. McKoy, Barbecue Township, in the amout of $17.22 for land which was double listed. Commissioner Collins made a motion to approve this refund to Ms. McKoy in the amount of $17.22. Commi- ssioner Shaw seconded the motion and the issue carried. Mr. Thomas Allen presented the following releases for the Board's consideration: 1. Lula Dennis Tutor, Buckhorn Township, exemption for the elderly with limited income, in the amount of $69.00 2. David Campbell, Lillington Township, Exemption for the Elderly with Limited Income,in the amount of $76.50 3. W. H. & Minnie Hicks, Anderson Creek Township, Exemption for the Elderly with Limited Income, in the amount of $49.71 4. Nell S. Wicker, Johnsonville Township, Exemption for the Elder- ly with Limited Income, in the amount of $46.85 5. Ross Jr., & Edna D. Layton, Exemption for the Elderly with Limited Income, in the amount of $76.50 6. J. W. Thornton, Exemption for the Elderly with Limited Income, in the amount of $51.16 7. Lula Mac McGregor, Johnsonville Township, Exemption for the Elderly with Limited Income, in the amount of $39.36 8. Will & Marion McKoy, Hector's Creek Township, Exemption for the Elderly with Limited Income, in the amount of $39.26 9. Clarence Lee & Eloise West, Averasboro Township, Exemption for the Elderly with Limited Income, in the amount of $67.07 10. K. J. & Clara S. Cotten, Buckhorn Township, Exemption for the Elderly with Limited Income, in the amount of $69.00 11. Lynn F. & Delia Byrd, Duke Township, Exemption for the Elderly with Limited Income, in the amount of $66.75 12. Alvert & Geraldine Brown, Exemption for the Elderly with Limited Income, in the amount of $66.75 13. Rebecca G. Wimberly, Black River Township, Exemption for the Elderly with Limited Income, in the amount of $84.00 Commissioner Shaw made a motion to approve the foregoing releases. Commissioner Stewart seconded the motion and the issue carried. M. H. Brock, County Manager, filed a copy of the Statement of Investments Report for the month ending October 31, 1980, with the Board. TRANSFER OF TITLE M. H. Brock, County Manager, informed the Board that his office TO AMBULANCE TO had been notified by the Governor's Highway Safety Program that the DUNN RESCUE, GHSP County was no longer accountable for the 1976 Dodge Ambulance, Serial No. B35BD6X101256. Commissioner Brock made a motion that the Board convey the title to this ambulance to Dunn Rescue Inc., Commissioner Stewart seconded the motion and the issue carried. 508 TAX ATTORNEY'S REPORT The following Tax Attorney's Report was filed with SUITS COLLECTED, DISMISSALS, CANCELLATIONS AND EXPENSES: Names RESOLUTION RE: GHSP - -CHILD RESTRAINT DEVICES Anderson Creek Township: Lekman and Marie Springs Averasboro Township.: Preston Barbour James Holliday, et al Pete and Annie McNair Conrad and Elaine Adams Gene B. & Annabell Miller Paul & Lois W. Neighbors Henry & Ava Jackson Bobby F. Parker Roy W. Norris Duke Township: Annette A. Barfield Stacy and Estelle McKay Johnsonville Township: Calvin C. Smith Stewart's Creek Township: Andrew Covington heirs Joe Lewis and Stella Maynor the Board: No Suit Filed 88.96 15.00 No Suit Filed No Suit Filed No Suit Filed No Suit Filed No Suit Filed 80 -CVD -1608 80 -CVD -0883 No Suit Filed 78 -CVD -0433 47.08 135.38 488.43 553.19 386.18 1,265.73 571.53 440.02 431.56 78 -CVD -0770 424.02 77 -CVD -0367 1,096.45 15.00 15.00 15.00 15.00 15.00 40.00 40.00 15.00 90.00 40.00 90.00 77 -CVD -0551 476.43 90.00 77 -CVD -0630 486.02 40.00 77 -CVD -0692 574.36 90.00 Totals $7,465.34 $625.00 Emma Lee West, Social Worker Supervisor II with the Harnett County Department of Social Services, appeared before the Board and presented the following resolution in reference to providing child restraint devices for the foster children: Whereas, the County of Harnett hereinafter referred to as the County, recognizes that children under the direct care of the County as wards of the state are entitled_to full safety and health benefits available to the County, and whereas the North Carolina Governor's Highway Safety Program hereinafter referred to as GHSP, proposes to implement a program to assist Counties in protecting wards of the-state against death and serious injury in automobile accidents by making available crash- tested automobile child restraint devices ( CRD's) to municipal Social Services caseworkers who transport wards of the state in their automobiles and to educate., the caseworkers as to the proper use of the CRD; PROVIDED, the County of Harnett agrees to require that Social Service Caseworkers will secure those wards of the state who weigh less than fifty (50) pounds in the CRD's provided when transporting them in cars, to use the CRD's provided to the County for a period of not less than two years, to provide ;. manpower necessary to move the CRD's from vehicle to vehicle and location to location within the County as needed and to provide training in the proper installation and use of the CRD's for new caseworkers as they are hired, to act as a child transportation safety information distribution source within the County using information and materials provided by GHSP, to provide a report to GHSP every three months which will include an estimate of the frequency of use of the CRD's by the caseworkers and to provide a yearly report which will include an inventory of the CRD's in use and which will include a report on the condition of the CRD's based on an inspection of each CRD, to frequently inspect the CRD's to insure that they are kept in good and clean condition and to replace any parts in poor condition, to notify GHSP in the event that any CRD in use is involved in an accident so that it can be inspected and /or replaced by GHSP, and Whereas, the GHSP Wards of the State Transportation Safety Program hereinabove described is considered most necessary to the preservation of the safety and welfare of the wards of the state entrusted to the care of the County. NOW, THEREFORE, BE IT RESOLVED THAT THE GHSP Wards of the State Transportation Safety Program set out hereinabove be and it is formally approved by the Commissioners of the County of Harnett and that the Manager of this County be and is hereby empowered to sign and execute the required agreement between this County and the GHSP to acquire the benefits of the Wards of the State Transportation Safety Program herein- above set out for the County r ACTION RESOLUTION RE: PROVIDING WATER TO MORRISVILLE ESOLUTION RE: ROVIDING WATER UQUAY - VARINA Upon much deliberation, Commissioner Collins moved the adoption of the foregoing resolution, Commissioner Brock seconded the motion and it carried with the following vote: AYES: Commissioners Collins, Brock, and Alphin. NOES: Commissioners Shaw and Stewart Roy Spainhour, Project Engineer with Moore, Gardner & Associates, Inc., appeared before the Board and presented the following resolu- tions concerning Harnett County providing water to the municipali- ties of Morrisville, Holly Springs, Apex, Garner, Cary, & Fuquay- Varina. Commissioner Collins moved for the adoption of the following resolu- tion concerning Harnett County providing water to Morrisville, Commissioner Shaw seconded the motion and the resolution passed with a unanimous vote. Whereas, The Town of Morrisville desires to purchase potable water from the County of Harnett, delivered by Harnett County to the Wake- Harnett County line, to provide a dependable supply of water to the town citizens and, Whereas, The County of Harnett has access to the Cape Fear River at Lillington, a dependable supply of water adequate to meet the foreseeable needs of Harnett County and with large reserves adequate to meet the needs of many times any request set out herein and, Whereas, The Town of Morrisville wishes to go on record as agreeing to purchase a predetermined minimum of water from County of Harnett Now, Therefore, Be It Resolved by the Board of Commissioners of Harnett County That, the County of Harnett agrees to sell a minimum of 37,500 gallons per day of potable water to the Town of Morrisville at a price that will be mutually agreec upon at a later date. Commissioner Collins moved for the adoption of the following resolu- TO concerning Harnett County providing water to Fuquay - Varina, Commis- sioner Shaw seconded the motion and the resolution passed with a unanimous vote. Whereas, The Town of Fuquay - Varina desires to purchase potable water from the County of Harnett, delivered by Harnett County to the Wake - Harnett County Line, to provide a dependable supply of water to the town citizens and, Whereas, The County of Harnett has access to the Cape Fear River at Lillington, a dependable supply of water adequate to meet the foreseeable needs of Harnett County and with large reserves adequate to meet the needs of many times any request set out herein and, Whereas, The Town of Fuquay - Varina wishes to go on record as agreeing to purchase a predetermined minimum of water from County of Harnett Now, Therefore, That, the County of potable water agreed upon at a Be It Resolved by The Board of Commissioners of Harnett County of Harnett agrees to sell a minimum of 257,500 gallons per day to the Town of Fuquay - Varina at a price that will be mutually later date. RESOLUTION RE: Commissioners Collins moved for the aodption of the following resol- PROVIDING WATER TO ution concerning Harnett County providing water to Holly Springs, HOLLY SPRINGS Commissioner Shaw seconded the motion and the resolution passed with a unanimous vote. Whereas, The Town of Holly Springs desires to purchase potable water from the County of Harnett, delivered by Harnett County to the Wake- Harnett County line, to provide a dependable supply of water to the town citizens and, Whereas, The County of Harnett has access to the Cape Fear River at Lillington, a dependable supply of water adequate to meet the foreseeable needs of Harnett County and with large reserves adequate to meet the needs of many times any request set out herein and, Whereas, The Town of Holly Springs wishes to go on record as agreeing to purchase a predetermined minimum of water from County of Harnett. Now, Therefore, Be It Resolved By the Board of Commissioners of Harnett County. That, the County of Harnett agrees to sell a minimum of 27,500 gallons per day of potable water to the Town of Holly Springs at a price that will be mutually agreed upon at a later date. RESOLUTION RE: Commissioner Collins moved for the adoption of the following resold/ PROVIDING WATER TO ution concerning Harnett County providing water to the Town of TOWN OF APEX Apex, Commissioner Shaw seconded the motion and the resolution carried with a unanimous vote. Whereas, The Town of Apex desires to purchase potable water from the County of Harnett, delivered by Harnett County to the Wake- Harnett County Line, to provide a dependable supply of water to the town citizens and, Whereas, The County of Harnett has access to the Cape Fear River at Lillington, a dependable supply of water adequate to meet the foreseeable needs of Harnett County and with large reserves adequate to meet the needs of many times any request set out herein and, Whereas, The Town of Apex wishes to go on record as agreeing to purchase a predetermined minimum of water from County of Harnett Now, Therefore, Be It Resolved by the Board of Commissioners of Harnett County That, the County of Harnett agrees to sell a minimum of 450,000 gallons per day of potable water to the Town of Apex at a price that will be mutually agreed upon at a later date. RESOLUTION RE: Commissioner Collins moved for the adoption of the following resol PROVIDING WATER TO ution concerning Harnett County providing water to the Town of TOWN OF GARNER Garner, Commissioner Shaw seconded the motion and the resolution carried with a unanimous vote. Whereas, The Town of Garner desires to purchase potable water from the County of Harnett, delivered by Harnett County to the Wake- Harnett County line, to provide a dependable supply of water to the town citizens and, Whereas, The County of Harnett has access to the Cape Fear River at Lillington, a dependable supply of water adequate to meet the foreseeable needs of Harnett, County and with large reserves adequate to meet the needs of many times any request set out herein and, Whereas, the Town of Garner wishes to go on record as agreeing to purchase a predetermined minimum of water from County of Harnett. Now, Therefore, Be It Resolved by the Board of Commissioners of Harnett County. That, the County of Harnett agrees to sell a minimum of 507,500 gallons per day of potable water to the Town of Garner at a price that will be mutually agreed upon at a later date. RESOLUTION RE: Commissioner Collins moved for the adoption of the following resol- PROVIDING WATER TO ution concerning Harnett County providing water to the Town of TOWN OF GARY Cary, Commissioner Shaw seconded the motion and the resolution carried with a unanimous vote. Whereas, The Town of Cary desires to purchase potable water from the County of Harnett, delivered by Harnett County to the Wake - Harnett County Line, to provide a dependable supply of water to the town citizens and, Whereas, The County of Harnett has access to the Cape Fear River at Lillington, a dependable supply of water adequate to meet the foreseeable needs of Harnett County and with large reserves adequate to meet the needs of many times any request set out herein and, Whereas, The Town of Cary wishes to go on record as agreeing to purchase a predetermined minimum of water from the County of Harnett. Now, Therefore, Be It Resolved by the Board of Commissioners of Harnett County That, the County of Harnett agrees to sell a minimum of 1,220,000 gallons per day of potable water to the Town of Cary at a price that will be mutually agreed upon at a later date. ADJOURNMENT There being no further business, the Harnett County Board of Commissioners duly adjourned at 1 :10 p.m. 1 '/4 airman Secretary Clerk