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HomeMy WebLinkAbout02021981HARNETT COUNTY BOARD OF COMMISSIONERS MEEETING, FEBRUARY 2, 1981 CALL TO ORDER PRAYER MINUTES APPROVED DON DUPREE, DISTRICT ENGINEER DOT PETITION TO ABANDON SR 1710 BUIES CREEK -COATS SEWER PROJECT The Harnett County Board of Commissioners met in regular ses- sion on Monday, February 2, 1981, at 9 a.m. 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. 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 9:20 a.m. Commissioner Bill Shaw led the morning prayer. The minutes from the Harnett County Board of Commissioners meeting of January 19, 1981, were approved as read. Don Dupree, District Engineer with the North Carolina Depart- ment of'Transportation, appeared before the Board to discuss road matters and situations in Harnett County. Commissioner Brock informed the Board that he had received a petition from the property owners on SR 1710 requesting that this road be abandoned from the State System for Maintenance. After a discussion of this matter, it was the decision of the Board to delay any actions on SR 1710 until the County could consult the county attorney regarding the legal require- ments of abandoning a road from. the state system. Roy Spainhour, Project Engineer with Moore, Gardner and Associates, appeared before the Board and presented the follow- ing resolution to the Commissioners authorizing Chairman Jesse Alphin to execute application on behalf of the Buies Creek -Coats Water and Sewer District with the State of North Carolina for Clean Water Bonds in the amount of $148,613 and with the federal agency, Farmers Home Administration, in the amount of $3,037,000 (Federal Match - $2,888,337; State Match - $148,613) for the construction of the Buies Creek -Coats Sewer Project: WHEREAS, The North Carolina Clean Water Bond Act of 1977 has autho- rized the making of grants to aid eligible units of government in financing the cost of construction of wastewater treatement works, wastewater collection systems and water supply systems, and WHEREAS, The Buies Creek -Coats Water and Sewer District has need for and intends to construct a wastewater improvements project described as Wastewater Collection System; and WHEREAS, The Buies Creek -Coats Water and Sewer District intends to request State grant assistance for the project, NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF COPaIISSIONERS OF THE BUIES CREEK -COATS WATER AND SEWER DISTRICT: That the Buies Creek -Coats Water and Sewer District will arrange financing for all remaining costs of the project, if approved for a State grant award. That the Buies Creek -Coats Water and Sewer District will adopt and place into effect on or before completion of the project a schedule of fees and charges which will provide adequate funds for proper operation, maintenance and administration of the system. That the Buies Creek -Coats Water and Sewer District will provide for efficient operation and maintenance of the project on completion of construction thereof. That Jesse Alphin, Chairman, and successors so titled, is hereby authorized to execute and file an application on behalf of the Buies Creek - Coats Water and Sewer District with the State of North Carolina for a grant to aid in the construction of the project described above. That Jesse Alphin, Chairman, and successors so titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application of the project, to make the assurances as contained above; and to execute such other documents as may be required in connection with the application. N ` d r ACTION That the Buies Creek -Coats Water and Sewer District has substantially complied or will substantially comply with all Federal, State, and local laws, rules, regulations, and ordinance applicable to the project and to Federal and State grants and loans pertaining thereto; and hereby authorized the above designated representative to execute an affidavit so stating. Following a discussion of this resolution, Commissioner Collins moved for the adoption of the foregoing resolution, Commissioner Brock seconded the motion and the issue carried with a unanimous vote. INDEMINITY AGREE- Edward H. McCormick, County Attorney, appeared before the MENT BETWEEN WAKE Board and presented the following indemnity agreement between AND HARNETT COUNTIES Wake County and Harnett County concerning the extension of the Northeast Metropolitan Water Lines to the Harnett -Wake County line. Commissioner Stewart made a motion that Jesse Alphin, Chairman to the Board, and H. D. Carson, Jr., Clerk to the Board, be and they are hereby authorized to execute the following indemnity agreement. Commissioner Collins seconded the motion and the issue carried. THIS AGREEMENT, made this 2nd day of February, 1981, by and between the COUNTY OF WAKE, a governmental subdivision of the State of North Carolina, with offices in Raleigh, North Carolina, indemnitor, hereinafter called WAKE COUNTY, and the COUNTY OF HARNETT, a governmental subdivision of the State of North Carolina, with offices in the County Office Building, Lillington, North Carolina, indemnitee, hereinafter called HARNETT COUNTY. W I T N E S S E T H WHEREAS, HARNETT COUNTY leases and operates a water production and distribution system under a forty -year lease that grants it the option to purchase the system; and WHEREAS, HARNETT COUNTY hasbeen requested to extend its distribution lines to the Harnett -Wake County line at a point where the County line intersects North Carolina Highway No. 55 North of Angier, North Carolina, and to make necessary modifications to its system so as to furnish water to WAKE COUNTY: and WHEREAS, WAKE COUNTY desires to purchase water from HARNETT COUNTY for the use of its citzens, including but not limited to those located in the Towns of Apex, Cary, Garner, Holly Springs, Fuquay - Varina, and Morrisville; and WHEREAS, it is the intention of WAKE COUNTY and HARNETT COUNTY to study the feasibility of entering into a water purchase contract under which HARNETT COUNTY would agree to sell and WAKE COUNTY or other appropriate entity would agree to buy certain quantities of water; and WHEREAS, certain terms of said contract are executory and cannot be made certain without the employment of an engineering firm to make necessary studies of costs and the employment of attorneys to include both local counsel and bond counsel; and WHEREAS, WAKE COUNTY desire that HARNETT COUNTY employ an engineering firm to make said studies at this time and employ local counsel and necessary bond attorneys to study the feasibility of financing through revenue bonds; and WHEREAS, said engineering services and attorneys' fees will cost HARNETT COUNTY approximately $110,000; and WHEREAS, said water purchase contract cannot be made binding on the parties thereto until the terms thereof can be made certain; NOW, THEREFORE, in consideration of HARNETT COUNTY'S promise to employ an engineering firm and necessary attorneys as set forth above, WAKE COUNTY hereby agrees for itself, its successors and assigns, to at all time idemnify HARNETT COUNTY, its successors and assigns against any and all project costs or expenses incurred not to exceed $110,000.00 for engineering services, services by local counsel and bond attorneys and other necessary expenditures, as set forth above by HARNETT COUNTY, should the water purchase contract contemplated by the parties not be executed for any reason other than failure on the party of HARNETT COUNTY to enter into good faith negotiations to consummate the proposed water contract. In consideration of WAKE COUNTY'S promise to idemnify it from costs as set forth above, HARNETT COUNTY, on behalf of itself, its successors and assigns, hereby agrees to employ an engineering firm and necessary legal counsel to provide the necessary services heretofore described. e0 APPLICATION TO FmHA FOR WAKE - HARNETT WATER PROJECT CHAIRMAN AUTHORIZED TO SIGN DOCUMENTS RELATING TO WAKE - COUNTY WATER PROJECT IN WITNESS WHEREOF, the parties have executed this agreement at Lillington, the day and year first written above. COUNTY OF HARNETT BY: s /Jesse Alphin Chairman Roy Spainhour, Project Engineer with Moore, Gardner and Associates appeared before the Board and presented an application to the Commissioners requesting federal assistance from Farmers Home Administration in the amount of $3,710,000 for the extension of the Northeast Metropolitan Water Line to the Wake - Harnett County Line. Commissioner Collins made a motion that Jesse Alphin, Chairman to the Board, be and he is hereby authorized to execute the application contingent upon the receipt of an executed copy of the Indemnity Agreement between Wake County and Harnett County from the Wake County Board of Commissioners. Commissioner Brock seconded the motion and the issue carried. Commissioner Brock made a motion that Jesse Alphin, Chairman of the Board, be and he is hereby authorized to execute the applica- tion on behalf of the project for the extension of the Northeast Metropolitan Water District to Wake- Harnett County Line and to execute other documents as may be required in connection with the application. Commissioner Collins seconded the motion and the issue carried. SHADY LANE SUBDIVI- Commissioner Shaw made a motion that the plat for Shady Lane SION Subdivision, Phase I, owned by Benny Ray Stephenson located in Averasboro Township be approved. Commissioner Collins seconded the motion and it carred. AMENDMENT TO SHERIFF'S BUDGET OR VEHICLES LBERT GREGORY ANDICAPPED PERSONS AX SUPERVISOR Commissioner Brock made a motion that the Sheriff's. Budget, Code 10- 510 -74, Capital Outlay, be increased by $84,400 to purchase eleven vehicles. Commissioner Stewart seconded the motion and it carried. Mr. Albert Gregory appeared before the Board and expressed his concerns regarding the needs of the handicapped persons residing in Harnett County. Mr. Gregory informed the Board that there are between 1,500 to 2,000 handicapped persons in Harnett County, and he would like for the Board to consider appropriating additional funds to provide more services to the handicapped. He said he would like to see the Workshop more centrally located in the County so it would not be so far for some of the clients to travel, and also he would like to see some type of industrial training center established for the handicapped. Mr. Gregory stated that he realized the County had a lot of obligations, and he just wanted them to do what they could for the handicapped. The Board expressed its appreciation to Mr. Gregory for coming and informing the Commissioners of the needs of the handicapped. The Board commended Mr. Gregory on the time and efforts he had devoted to the Workshop and to the handicapped citizens of Harnett County. Thomas Allen, Tax Supervisor, appeared before the Board and requested the following: 1. Refund to J. R.& Gracie Burnette, Averasboro Township, in the amount of $18.15 for an error in listing more acreage than recorded in the deed. 2. Refund to Roland M. Edson, Upper Little River Township, in the amount of $40.16 for listing a 1977 Dodge Van. 3. Refund to S. D. Stone Heirs, Averasboro Township, in the amoun of $30.30 for the difference in clear land and woodland on. 7 3/4 acres. 4. Refund to Jackie J. Pate and Betty J. Davis, Averasboro Township, in the amount of $66.75, exemption for the elderly with limited income. 5. Refund to Mary Cone Parker, Averasboro Township, in the amount of $71.25 for exemption for the elderly. 6. Refund to J. D. Currin, Black River Township, in the amount of $163.60, application for land use had been turned in but had not been applied to his tax records. ACTION TAX COLLECTOR'S REPORT RESOLUTION AUTHORIZ- ING TAX COLLECTOR TO ADVERTISE FOR SALE ALL LIENS 7. Refund to Wiley S. Currin, Black River Township, in the amount of $206.75, application for land use had been turned in but had not been applied to tax records. 8. Refund to Carl E. & Mildred West, Lillington Township, in the amount of $39.61 erroneously listed in Summerville Fire District. 9. Release to Cathryn McRae, Upper Little River Township, in the amount of $57.73, exemption for the elderly with limited income. 10. Release to J. D. & Callie Adcox, Averasboro Township, in the amount of $71.25, exemption for the elderly with limited income. 11. Release to Anne B. Shaw, Stewart's Creek Township, in the amount of $78, exemption for the elderly with limited in- come. 12. Release to A. L. & Lucy Baker, Upper Little River Township, in the amount of $66.75, exemption for the elderly with limited income. 13. Release to William P. Ore, Neill's Creek Township, in the amount of $76.50, exemption for the elderly with limited income. 14. Release to S. J. & Effie M. Prince, Upper Little River Township, in the amount of $63.72, exemption for the elderly with limited income. Commissioner Collins made a motion that the aforemention releases and refunds be approved. Commissioner Stewart seconded the motion and the issue carried. Earl Jones, Tax Collector, appeared before the Board and reported on the activities of his department for the month of January, 1981, and his plans for the month of February, 1981 Commissioner Shaw made a motion that the following resolution. Commissioner Collins seconded the motion and it carried. Be it resolved that, Pursuant to the authority vested in this Board by Section 105 -369 of the General Statutes of North Carolina, W. Earl Jones, Tax Collector, is hereby ordered to advertise for sale according to law and to sell all liens for 1980 taxes then existing on real property at the Courthouse door on May 4, 1981 beginning at 10:00 A.M. Respectfully submitted this the 2nd day of Februaru 1981, W. Earl Jones, Tax Collector. TAX ATTORNEY'S REPORT The following Tax Attorney's report was filed with the Board. SUITS COLLECTED, DISMISSALS, CANCELLATIONS, AND EXPENSES: Amount Names Suit No. Coll. Averasboro Township: Murray Gerald Dempsey Smith, Sr. Bertha D. Tew T. Melvin Johnson Duke Township: Mrs. Macy Moore 80 -CVD -1083 166.39 77 -CVD -0877 2,087.38 No suit started 667.63 77 -CVD -888 10,516.67 78 -CVD -800 Correction of Fee reported January 1981: Abraham Cameron 79- CVD -547 Attorney fee ordered by Court $100.00 Commissioner's fee ordered by court 45.00 Less Amounts paid by County: Advance January 1981 statement Balance due Total $145.00 10.00 113.00 Attorney's Fees 55.00 46.70 15.00 526.00 253.58 40.00 22.00 EXPENSES U. S. Post Office: Patrick and Pok Ye Fugate 80 -CVD -878 - Certified marl $13,696.65 $ 709.10 Less amounts paid by Clerk of Court in T. Melvin Johnson case 526.00 Balance due $ 183.10 ADJOURNMENT There being no further business, the Harnett County Board of Commis - sioners meeting of February 2, 1981, duly adjourned at 12 noon. airman