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HomeMy WebLinkAbout10071974MINUTES OF THE BOARD OF COMMISSIONERS FOR THE FIRST MONDAY IN OCTOBER, 1974. REGULAR SESSION CALL TO ORDER MORNING PRAYER READING AND APPROVAL OF MINUTES DOT - DONALD COOPER TAX SUPERVISOR Action: * Penalty released on Mrs. Williams ticket # 2936 Action: TAX COLLECTOR ANNUAL AUDIT REPORT JOHN INGRAHAM USE OF FIREARMS 201 PLANNING AREA The Harnett County Board of Commissioners met in regular session on Monday, October 7, 1974. The following Board members were present: Chairman M. H. Brock, Commissioners C. E. McLamb, W. J. Cotton, Jr., Gilbert Brown, Bobby R. Etheridge. Also present were Edward H. McCormick, County Attorney and H. D. Carson, County Auditor. The Chairman called the meeting to order at 9:30 a.m. W. Earl Jones offered the morning prayer. The minutes of the previous meeting were read and approved. Mr. Donald Cooper, District Engineer, appeared before the Board and presented the following road petition request; Request for addition to State Secondary Road System - Rural Road from SR 1250 to NC 27, near Mason Store Action was tabled until next meeting. RE: Land Fill Petitions in Duke and Neill's for further study. Creek townships. The matter was tabled RE: Flat Branch Volunteer Fire Department drainage problem. Mr. Cooper the Board that he would check into the matter. Mr. Thomas Allen, Tax Supervisor, presented the report of his department. He submitted a request for exemptions under the Homestead Act for the people: Mr. Paul Tart, Mrs. Mary McGill, and Lonnie Lucas. advised following Commissioner Etheridge moved that the request be granted. Motion was seconded by W. J. Cotton and carried unanimously. Mr. Allen also presented the following requests for refunds: Mr. $ Mrs. J. Rupert Parrish John H. $ Ruth P. Wilson * Minnie G. Williams J. D. Currin The Falco Corporation requested for Double J Farms J. Rupert Parrish Grove Township Duke Township Black River Township Black River Township 37.81 1.32 7.39 35.87 Averasboro Township 32.94 Grove Township 20.12 Commissioner Cotton moved that the above refunds be granted and Commissioner McLamb seconded. The motion was carried unanimously. W. Earl Jones, Tax Collector, presented the report for his department. Mr. John Ingraham, CPA, presented his annual audit report. Mr. Ingraham stated that the books of Harnett County were in excellent condition. A letter to this effect was presented to the Board of Commissioners. Mr. Ingraham recommended that the county keep a six months operating surplus on hand due to the fact with- out the discount the money would not come into the county until December or January. Mr. Brock expressed appreciation to Mr. Ingraham for a good job well done. Mr. Wade Stewart, Sheriff, and Mr. Johnny Halcomb, Deputy, appeared before the Board and requested that the county adopt an ordinance on the use of firearms. It was reported that many citizens were carelessly using firearms. The County Attorney, Ed McCormick, advised that they contact the District Solicitor for possible issuance of a disturbing the peace warrant. He also advised that they check into the state -wide Firearms Control Law. Mr. Roy Spainhour of Moore, Gardner $ Associates, Inc. requested that Harnett County become the Lead Agency for the 201 Planning Area. The following resolu- tion was introduced: RESOLUTION: In a regular meeting of the Harnett County Board of Commissioners, convened on the 7th day of October, 1974, at 9:30 o'clock a.m., the following Resolution was presented: "WHEREAS criteria for consideration of the County of Harnett for future Envir onmental Protection Agency grants for assistance in cost of planning and construction of wastewater is based upon development of a Facilities Plan for the area designated by the North Carolina Department of Natural and Economic Resources, Office of Water and Air Resources, as a Facilities Planning Area and in which case the County of Harnett is designated to be in the Facilities Planning Area with the Towns of Angier, Coats, and Lillington; whereas it is necessary to designate one of the governmental agencies involved in the area to be the Lead Applicant; and whereas the Governing Boards of the Towns of Angier, Coats, and Lillington have agreed and have so appointed by offi- cial Resolution the County of Harnett to act as "Lead Applicant" for purposes 328 ...._ cry TAX $ WELFARE LIEN REPORT of filing grant applications with Federal and State agencies and performing other duties as may be required of the Facilities Planning Area; now there iore BE IT RESOLVED that the County of Harnett.hereby accepts said appointment by the. Towns of Angier, Coats, and Lillington to act as "Lead Applicant" for the designated Facilities Planning Area.. BE IT FURTHER RESOLVED Harnett County Board of Commissioners Chairman M. H. Brock,.be and he is hereby designated as the official County representativ€ for matters concerning wastewater planning for the. County and that he is here- by instructed to 'secure and prepare such documentation as may be necessary from the County of Harnett for incorporation into the Wastewater Facilitie Plan for the Area," The foregoing Resolution after presentation and discussion was upon motion by Commissioner. Cotton and second by Commissioner McLamb, passed unanimous by the Harnett County Board of Commissioners. Certified as a correct copy of Resolution taken from the minutes of the Harnett County Board of Commissioners for the regular session held on the seventh day of October, 1974. Certified to the seventh day of October, 1974. COUNTY OF HARNETT BOARD OF COMMISSIONERS BY /s/ H. D. Carson Clerk The Tax and Welfare Lien Report was presented by Attorney E. Marshall Woodall. The Tax & Welfare Lien Report is as COLLECTION ON TAXES Charles Edward Matthews W. E. Small heirs R. C. and Pauline Lawrence George A. McNeill SD 3620 Neill's Creek 69CVD 505 Barbecue SD 3497 Neill's Creek Sp 3536 Stewart's Creek Fula Pauline Williams Byrd Welfare Lien 598.33 109.83 fee (SEAL) Ed McCormick for follows: $889.08 174.79 519.75 35.13 1,618.75 $20.00 f e 10.00 fe 30.00 30.00 80.00 SOIL SURVEY FOR HARNETT COUNTY Mr. M. H. Brock, Chairman, read a letter from Mr. Casey S. Fowler requesting that the Board of County Commissioners proceed with instigation of a soil surve in Harnett County utilizing personnel of North Carolina State University and that the recommended $14,000 annual appropriation be authorized. Commissioner Cotton made a motion that this be done, and Commissioner Etheridge seconded the motion. The vote was unanimous. Action: LETTER OF NDD COMMITMENT Chairman Brock introduced a letter of commitment as follows from the Cape Fear Criminal Justice Planning Region: Commissioner McLamb moved the foregoing lette be executed by the Chairman and the Clerk. Mr. Etheridge seconded and it passed TO: Administrator Division of Law and Order P. 0. Box 27687 Raleigh, N. C. 27611 THRU: Cape Fear Criminal Justice Planning Region P: 0. Box 186 Fayetteville, N. C. 28302 FROM: Harnett County Board of Commissioners Harnett County Courthouse Lillington, N. C. 27546 The Harnett County Board of Commissioners has reviewed the attached discretion airy application for our Regional Interagency Narcotics and Dangerous Drug Bureau, and we concur with the application as it is written. We further agree to implemen those programs outlined within the grant application. It is the intention of this local government agency to forward payment for its local match requirement of $2,968 which is .01426 percent of the total project cost $208,075 to the Cumberland County Government, who is acting as the appli- cant agency for this Regional Program. Done this seventh day of October, 1974. /s/ M. H. Brock Chairman, Harnett County Board of Commissioners SCHOOL BOND RESOLUTION The following resolution for the School Bond election was presented by Attorney Ed McCormick: n A regular meeting of the Board of Commissioners for the County of Harnett, North Carolina, was held at 9:30 o'clock A. M., on October 7, 1974, at the County Office Building in Lillington, North Carolina, the regular place of meeting. Present: Chairman M. H. Brock presiding, and Commissioners Cotton, McLamb and Etheridge. Absent: Commissioner Brown. c 2 (4. d The Board of Commissioners received from the Harnett'. County Board of Elections a certified copy of the proceedings of said Board of Elections taken on September 19, 1974, evidenc- ing said Board's determination of the results of the canvass of the returns of the special bond referendum held in the County o Harnett on September 17, 1974 upon the question of issuing 511,250,000 School Bonds of said County. After said proceedings had been considered and reviewed by, the Board of Commissioners, Commissioner McLamb introduced the following resolution which was read: RESOLUTION DECLARING THE RESULT OF THE SPECIAL BOND REFERENDUM HELD ON SEPTEMBER 17, 1974 BE IT RESOLVED by the Board of Commissioners for the County of Harnett: Section 1. The Board of Commissioners for the County ,e of Harnett, having received from the Harnett County Board of Elec- tions a certified copy of the proceedings of said Board of Elec- tions If taken on September 19, 1974, evidencing said Board's deter- mination of the results of the canvass of the returns of the special bond referendum held in the County of Harnett on September 17 upon the question of issuing $11,250,000 School Bonds of said County, does hereby declare and certify the result of said referendum to be the result which is set forth in the following statement of the result of said referendum, which state- ment has been prepared by said Board of Commissioners. STATEMENT OF THE RESULT of the SPECIAL BOND REFERENDUM held in the COUNTY OF HARNETT, NORTH CAROLINA on September 17, 1974 At a special bond referendum held in the County of Harnett on September 17, 1974,20,302 voters were registered and qualified to vote. tz act At said referendum 2094 votes were cast for the order adopted on July 12, 1974, authorizing the County of Harnett, North Carolina, to contract a debt, in addition to any and all other debt which said County may now or hereafter have power or author- ity to contract, and in evidence thereof to issue School Bonds in an aggregate principal amount not exceeding $11,250,000 for the purpose of providing funds, with any other available funds, for erecting additional school buildings and other school plant fa- cilities, remodeling, enlarging and reconstructing existing school buildings and other school plant facilities, and acquiring neces- sary land and equipment therefor, in order to provide additional school facilities in the County of Harnett to maintain the nine months' school term in said County as required by Section 2 of Article IX of the Constitution, and authorizing the levy and col- lection of a sufficient tax for the payment of the principal of and the interest on said bonds, and 5700 votes were cast against said order, and a majority of the qualified voters of said County who voted thereon at said referendum having voted against the approval of said order, said order was thereby not approved and is not in force and effect. Board of Commissioners for the County of Harnett, North Carolina Section 2. The Clerk shall file a copy of the foregoing statement of the result of said referendum in his office, shall insert such statement in the minutes of the Board of Commissioners and shall publish such statement once in The Daily Record, The Dunn Dispatch and the Harnett County News. A statement in substantially the following form shall be published with the foregoing statement: Any action or proceeding challenging the regularity or validity of this bond referendum must be begun within 30 days after (date of publication). Board of Commissioners for the County of Harnett, North Carolina - 3- Section 3. This resolution shall take effect upon its passage. Upon motion of Commissioner C. E. McLamb, seconded by Commissioner W. J. Cotton, Jr., the foregoing resolution en- titled: "RESOLUTION DECLARING THE RESULT OF THE SPECIAL BOND REFERENDUM HELD ON SEPTEMBER 17, 1974" was passed, by the follow- ing vote: Ayes: Commissioners Brock, Cotton, McLamb and Etheridge Noes: None I, H. D. Carson, Jr., County Auditor and ex officio Clerk of the Board of Commissioners for the County of Harnett,' North Carolina, DO HEREBY CERTIFY that the foregoing has been care- fully copied from the recorded minutes of the Board of Commission- ers for said County at a meeting held., on October 7, 1974, said record having been made in Minute Book No. 13, beginning at page 328 and ending at page 328.4, and is a true copy of so much of said proceedings of said Board as relate in any to the special bond referendum held on September 17, 1974.9 I FURTHER CERTIFY that a copy of the statement of the result of the referendum adopted by the resolution set forth in the foregoing transcript has been filed in my office. WITNESS my hand and the corporate seal of said County, this 7th day of October, 1974. County Auditor and ex officio Clerk of the Board of Commissioners AMEND BUDGET HEALTH DEPARTMENT Mr. Henry Thompson, Health Department Director, presented a request that the Budget for the County Health Department be amended to show anticipated revenue receipts in the amount of $8,494 from North Carolina Department of Human Resources effec- tive July 1, 1974. The expenditure item of $8,494 is to be used for reimbursing providers for rendering diagnosis, prevention, treatment of prostheses of chronic remedial physical defects of children. Action: Commissioner Etheridge moved that the Health Budget be amended in the amount of $8,494, Commissioner Cotton seconded the move and it passed. AIRPORT CONTRACT Action: NCACC LEGISLATIVE GOALS CONFERENCE RE: Airport Contract for Engineering Services - Talbert $ Associates. County Attorney Ed McCormick presented an amended contract from Talbert and Associates for engineering services for the airport. The contract is herein contained. Commissioner Cotton moved that we adopt the contract upon recommendation of the County Attorney and that Mr. Brock be authorized to execute the contract on behalf of the county in keeping with the guidelines of the contract. Motion was seconded by Commissioner Etheridge and it was passed. RE: Delegate to NCACC - Legislative Goals Conference. Commissioner Etheridge moved that Commissioner McLamb be a voting delegate to the conference and that Mr. Brock be appointed alternate delegate. W. J. Cotton seconded the motion and the motion passed. The Conference will be held in Raleigh October 16 - 18, 1974. COMMUNITY DEVELOPMENT ACT OF 1974 Commissioner Etheridge introduced a report concerning the Community Development Act of 1974. He suggested that the Board look into the availability of funds under this Act. The Board will invite Mr. Kier of the Department of Natural Economic Resources to meet with them at their next meeting and explain the Act more thoroughly. ADJOURNED There being no further business the meeting was adjourned at 12:15 p.m. l na Vanessa W. You /. Clerk CONTRACT FOR ENGINEERING SERVICES This AGREEMENT made this October 7, 1974 1974 by and between Harnett County, North Carolina, hereinafter called the OWNER, and JOHN TALBERT & ASSICIATES, INC., a North Carolina corporation, with offices located at 916 South 17th Street, Wilmington, North Carolina, hereinafter called the ENGINEER. WHEREAS, the OWNER intends to construct a new airport to serve Harnett County and the surrounding area, consisting of a runway, taxiways, apron, access road and related facilities, such development being hereinafter referred to as the PROJECT. NOW, THEREFORE, the OWNER and ENGINEER, for the consideration here- inafter named, agree as follows: The ENGINEER agrees to perform for the above -named PROJECT professional services as hereinafter set forth. The OWNER agrees to compensate the ENGINEER for services as hereinafter provided. The ENGINEER'S services shall be divided into Phase I and Phase II as follows: PHASE I shall include site investigations, conferences, preparation and analysis of preliminary cost estimates based upon topography, soils borings and other field information gathered by the ENGINEER and therefrom prepare a Site Selection Report and related drawings. The Site Selection Report shall be prepared in ac- cordance with now current existing published criteria of the Federal Aviation Administration and shall be coordinated with the appropriate state and federal - 1 - gencies for approval. Six copies of the completed report shall be forwarded to the OWNER. Further, Phase I shalt include all work required by the ENGINEEfi to satisfy federal requirements for environmental and ecological considerations, including work required in connection with any public hearings or litigations, not included in a separate Planning Grant Project now underway, which PGP does not include Site Selection. Further, Phase I shall include the ENGINEER assisting the OWNER with coor- dinating Clearinghouse requirements, assisting with verification of approach and transitional clearances, and acquisition of land interests as and if required. As a part of the basic services included in Phase I, the ENGINEER will pre- pare the government forms required on the PROJECT at this stage; that is, the Request for Aid (FAA Form 5100 -3) with accompanying drawings, more detailed preliminary cost estimates and other forms as required to support the Request for Aid - to both FAA and the State of North Carolina, PHASE II The ENGINEER'S services under Phase II shall. include detailed site investigation, reviewing preliminary estimates and reports, verification of topographic, and other field information furnished by the OWNER (which work shall constitute preliminary engineering under Phase II), complete detailed con- struction plans, specifications and contract documents, coordination with other agencies, preparation of necessary government forms and data, coordination of project documentation with the Federal Aviation Administration, detailed estimates of construction costs, assisting the OWNER in advertising for, receiving and evaluating initial bids and awarding contracts, general supervision of construct X30.3 o 3o 3 for a reasonable period of time, approval of monthly and final cost estimates for contractor's payments, checking and /or approving shop and working draw- ings submitted by contractors, preparation of government forms necessary to obtain federal monies and three (3) sets of prints of As- Constructed Plans. As a part of the basic services included in Phase II, the ENGINEER will prepare the following government forms required on the PROJECTS; Airport Pavement Design (FAA Form 5100 -1), Project Application (FAA Form 5100 -10) with accompanying Exhibit "A" - Property Map, Application for Grant Payment (FAA Form 1625.1) and supporting forms required. Original documents, tracings, and survey notes are, and shall remain, the property of the ENGINEER. The BASIC FEE shall not include (a) Soil borings and analysis and /or test- ing of materials for design purposes, (b) Construction quality control laboratory testing, (c) Property line and topographic surveys, (d) Detailed field surveys of approach or transition areas, (e) Reproduction of plans and specifications be- yond twelve (12) sets of each to be furnished the OWNER, (f) Resident Engi- neering. These services, as required, shall be furnished by the ENGINEER and separately paid for by the OWNER, for a price to be subsequently agreed upon as the need for these services arises; or, in the absence of such separate agreement, as specified hereinafter as additionaL services; excepting those cases where the OWNER prefers for the ENGINEER to arrange for the services and the OWNER makes direct payment for the same. The BASIC FEE shall not include preparing to serve or serving as a witness for the OWNER in any litigation, public hearing, or other preceeding involving - 3 - 3 30 Sap CERTIFICATION OF ENGINEER I hereby certify that I am the President and duly authorized representative of the firm of John Talbert & Associates, Inc.whose address is P.O. Box 3333, Wilmington, N.C„ and that neither I nor the above firm I here represent has: (a) employed or retained for a commission, percentage, brokerage, cont- ingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this contract, (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the contract, or (c) paid or agreed to pay to any firm, organization, or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the contract; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the Federal Aviation Administration of the United States' Department of Transportation, in connection with this contract involving participation of Airport Development Aid Program (ADAP) furids and is subject to applicable state and Federal laws, both criminal and civil. (date) t(. t (signature) ff" Amendment No. 1 83c, i( Date October 8, 1974 The Contract for Engineering Services between Harnett County, OWNER, and John Talbert & Associates, Inc., ENGINEER, dated October 7 1974 is hereby amended as follows: Payment for services rendered on Phase I and the BASIC FEE for services rendered under Phase II shall both be converted to Lump Sums by negotiations between the parties involved at a Later date when the PROJECT work program is precisely and clearly defined and when the ENGINEER and OWNER have pre- pared and /or confirmed construction costs estimates. Any other compensation to the ENGINEER will likewise be negotiated as the need for other services arise. ENGINEER John Talbert & Associates, Inc. By John T,. Talbert, Jr Witness Pres. OWNER Harnett County, North Carolina Board of County Commissioners By Chairman Witness ,���� 33 ©; Amendment No. 2 Date October 8, 1974 The Contract for Engineering Services between Harnett County, OWNER, and John Talbert & Associates, Inc . , ENGINEER, dated October 7, 1974 is hereby amended as follows: Payment for services rendered on Phase I, prior to Lump Sum negotiations set forth in Amendment No. 1, are based upon monthly statements; these state- ments shall , (I) be accompanied by a description of the work and who accom- plished the work during the period covered by the statement, (2) have copies of reimbursable bills attached, and (3) be approved by the Director'. , Harnet y County Development Commission. It is understood that no work on major items (those items upon which estimated cost exceed $1,500.00 for this purpose) set forth in the aforementioned Contract for Engineering Services shall be accomplished without prior- approval of Harnett County. ENGINEER OWNER John'albert Si Associates, Inc. Harnett County, North Carolina Board of County Commissioners Jett B y Sy John T. Talbert, J /, Pres. Chairman Witness (fif ivy dr 4W / Witness