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HomeMy WebLinkAbout06161975MID -MONTH MEETING OF THE BOARD OF COMMISSIONERS JUNE 16, 1975 MID MONTH MEETING The mid -month meeting for June was held on June 16, 1975, at 7:30 P. M. The Chairman called the meeting to order at 7:30 and Commiss- ioner Brown led in prayer. All members were present, also the County Attorney and Clerk to the Board. MINUTES READ The minutes from the last meeting were read and approved. RESOLUTION: Est. Harnett County Planning and Development Agency The Chairman presented a resolution entitled, "Resolution Establish- ing the Harnett County Planning and Development Agency ", herein con- tained, for the pleasure and consideration of the members. Comm- issioner Brock spoke in favor of the resolution as it would provide for better and more efficient access to the developing and planning aspects of our county. Commissioner Brock then moved that the res- olution be adopted, Commissioner Cotton seconded and the move carried RESOLUTION ESTABLISHING THE HARNETT COUNTY PLANNING AND DEVELOPMENT AGENCY. WHEREAS, an economic development commission was created by resolution dated September 1964, under and by virtue of the authority of Chapter 158, Article II of the General Statutes of 1963, and known as the Harnett Agri - Business Development Commission; and, WHEREAS, by resolution dated June 1969, the Board of County Commissioners did reaffirm the function of the Harnett Agri- Business Development Commission; and, WHEREAS, the Harnett Agri- Business Development Commission has operated under the name Harnett Development Commission since 1970; and, WHEREAS, it is the intention of the county to promote both planning and development as provided by law; and, WHEREAS, a staff that can serve both the Planning Board and the Develop- ment Commission is desirable; and, WHEREAS, General Statute 153 -76 (Session Laws 1973, Chapter 822, Section I) enables the Board of Commissioners to create boards, consolidate offices and positions and impose ex- officio the duties of more than one office on a single board and generally organize and reorganize the county government in order to promote orderly and efficient administration of county affairs. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Harnett County that: 1. The Office of Planning under the Planning Board and the Office of Development under the Development Commission is hereby merged and shall be known for administrative purposes as the Offices of Planning and Development. 2. The Offices of Planning and Development shall be organized, maintained and governed by a joint agency consisting of the members of the Planning Board and members of the Development Commission and said agency shall be knows as the Harnett County Planning and Development Agency and shall perform the following functions: A. Prepare a consolidated budget for the Planning Board and the Development Commission. B. Employ an executive director to direct the affairs of the offices. 3. The Harnett County Planning and Development Agency shall meet annually or as often as becomes necessary to carry out the functions described above. 4. The Planning Board and the Development Commission, as presently established, shall continue to function in the same manner. 5. Chairmen of the Planning Board and the Development Commission shall rotate on an annual basis as chairman of the Harnett County Planning and Development Agency with the chairman of the Development Commission serving the first year term. Dule adopted this the 16th day of June, 1975. ATTEST: /s/ H.D. Carson, Jr. Clerk to the Board /s/ Bobby R. Etheridge Chairman Board of County Commissioners 201 Wastewater Facilities Application A document entitled "201 Wastewater Facilities Application" was given to the Commissioners for information and study. This application is the first step to apply for a grant relative to • 440 INVITATION FROM ANGIER TO RIDE IN PARADE wastewater facilities. The county would participate in such a grant, if it became a reality, in the amount of $5,800. This amount is presently proposed in the budget for FY 1975 -76. Action was table The Board was informed of the receipt of an invitation from the Town of Angier, asking the members of the Board to ride in the parade and to participate in other July 4th activities. ORDINANCE FOR REGULATION OF MASS GATHERINGS The County Attorney, as a result of a prior request of the Board, presented a document entitled "Ordinance for Regulation of Mass Gatherings" and explained its contents for informational purposes from a legal standpoint. Commissioner Cotton introduced the Ordinance, requested that it be spread across the minutes of the Board, lie open for two weeks before action is taken. The follow- ing is a copy of the Ordinance: ORDINANCE FOR REGULATION OF MASS GATHERINGS 1. PURPOSE. The intent and prupose of this Ordinance is to provide for the protection of the public health, welfare and safety of those persons in attendance at mass gatherings and of those persons who reside near or are located in proximity to the sites of mass gatherings or are directly affected thereby. 2. DEFINITIONS. The following definitions shall apply in the enforce- ment and interpretation of this Ordinance: (a) "Mass gathering" means the congregation or assembly in which admission is charged in reasonable contemplation of profit of more than 500 people for a continuous period of more than six (6) hours in an open space or open air, or in permanent buildings or structures. A mass gathering in a permanent building or structure shall include only those assemblies which by reason of their size the County Health Director determines to be likely to pose a threat to public health safety or welfare through unsatisfactory provision of adequate public safety, fire and sanitary facilities. A mass gathering shall not include an event sponsored by a school or other agency of government or any private school when the assembly is of a size and scope such that there is a reasonably apparent capability to service the needs of that assembly without threatening the public health, welfare or safety, as deter- mined by the County Health Director. (b) "Person" means any person, firm, corporation or legal entity. (c) "Permittee" means any person who is issued a permit under this ordinance by the County Health Director. (d) "County Health Director" sahll mean the Harnett County Health Director or his authorized representative. 3. PERMIT REQUIRED, REVOCATION OF PERMIT. (a) No person shall organize, sponsor or hold any mass gatherings unless a permit has been issued to such per- son by the County Health Director under the provisions of this Ordinance. A permitshall be required for each mass gathering and is not transferable to other persons. (b) A permit may be revoked by the County Health Director at any time if he finds that the mass gathering is being or has been maintained or operated in violation of this Ordinance, or that prior to the mass gathering, the planning or preparation for the mass gathering is not in compliance with paragraph 7 of this Ordinance. A permit may be revoked upon the request of the permittee or upon abandonment of the operation. A permit will otherwise expire upon satisfactory completion of the post - gathering cleanup following the close of the mass gathering. 4. APPLICATION FOR PERMIT. (a) Application for a permit for a mass gathering shall be made to the County Health Director on a form and in a manner prescribed by him, by the person who will organize, sponsor or hold the mass gathering. The application shall be filed with the County Health Director at least 30 days prior to the commencement of the mass gathering. A fee of Ten Dollars ($10.00) shall accompany the application. (b) The application shall contain the following information: ident- ification of the aplicant, identification of any other person(s) responsible for organizing, sponsoring or holding the mass gathering, the location of the proposed mass gathering, the estimated maximum number of persons reasonably expected to be in attendance at any one time, the date or dates and the hours during which the mass gathering is to be conducted, and a statement as to the total time period involved. (c) The application shall be accompanied by an outline map of the area to be used, to approximate schale, showing the location of all proposed and existing privies, or toilets; lavatory and bathing facilities; all water supply sources including lakes, ponds, streams, wells, storage tanks, etc; all garbage and refuse storage and disposal areas; all entrances and exits to public highways; and emergency ingress and egress roads. (d) The application shall be accompanied by such additional plans, reports and information required by the County Health Director as he shall deem necessary to carry out the provisions of this Ordinance. 5. PROVISIONAL PERMIT: PERFORMANCE BOND: LIABILITY INSURANCE. (a) With- in ten (10) days after the receipt of the application, the County Health Director shall review the application and inspect the proposed site for the mass gathering. If it reasonably appears that the requirement of this Ordin- ance can be met by the applicant, a provisional permit shall be issued. (b) If the County Health Director shall deem it necessary to pro- tect the health, welfare and safety of those persons in attendance at mass gatherings and of other persons who may be affected by mass gatherings and to carry out the provisions of this Ordinance, he may require the permittee within five (5) days after issuance of the provisional permit to file with the County Health Director a performance bond or other surety to be executed to the County in the amount of Five Thousand Dollars ($5000.00) for up to 10,000 persons and One Thousand Dollars ($1,000.00) additional for each additional 5,000 persons or fraction thereof, reasonably estimated to attend the mass gathering. The bond, if required, shall be conditioned on full compliance with this Ordinance and shall be forfeitable upon noncompliance and a showing by the County Health Director of any injury, damage or other loss to the County or local governmental agencies caused by the noncompliance. The per- mittee shall in additbn file satisfactory evidence of public liability and property damage insurance in an amount determined by the County Health Director to be reasonable (but not to exceed One Million Dollars ($1,000,000.00) in an amount in relation to the risks and hazards involved in the proposed mass gathering. 6. ISSUANCE OF PERMIT; REVOCATION; FORFEITURE OF BOND; CANCELLATION. (a) If, upon inspection by the County Health Director fifteen (15) days prior to the starting date of the mass gathering, or earlier upon re- quest of the permittee, the required facilities are found to be in place and satisfactory arrangements are found to have been made for required services, and other applicable provisions of this Ordinance are found to have been met, the County Health Director shall issue a permit for the mass gathering. If, upon such inspection, the facilities, arrangements, or other provisions are not satisfactory, the provisional permit shall be revoked and no permit issued. (b) Upon revocation of either the provisional permit or the permit, the permittee shall immediately announce cancellation of the mass gathering in as effective a manner as is reasonably possible, including but not limit- ed to the use of whatever methods were used for advertising or promotion the mass gathering. (c) If the provisional permit or the permit is revoked prior to or during the mass gathering, the County Health Director may order the permittee to install such facilities and make such arrangements as may be necessary to accommodate those persons who may nevertheless attend or be present at the mass gathering despite its cancellation and to restore the site to a safe and sanitary condition. In the event the permittee fails to comply with the order of the County Health Director, the County Health Director may immed- iately proceed to install such facilities and make such other arrangements and provisions for cleanup as may be minimally required in the interest of public health and safety, utilizing such county and local funds and resources as may be available to him. Prior to or within 60 days after such action the County Health Director may apply to a court of competent jurisdiction to order forfeiture of the permittee's performance bond or surety for violation of this Ordinance. The Court may order that the proceeds shall be applied to the extent necessary to reimburse the County and other government agencies for expenditures made pursuant to the action taken by the County Health Dir- ector upon the permittee's failure to comply with his order. Any excels pro- ceeds shall be returned to the insurer of the bond or to the surety after deducting court costs. 7. RULES AND REGULATIONS. The Rules and Regulations to protect the health walfare, and safety of those attending mass gatherings and of other persons who may be affected by mass gatherings adopted on October 28, 1971, and promulgated by the North Carolina Division of Health Services are hereby adopted as the rules and regulations of Harnett County, except where they conflict with any of the provisions of this ordinance. These rules and regulations dated October 28, 1971 are incorporated hereby reference pur- suant to G.S. 153A -47 and an official copy shall be filed in the Office of the Clerk to the Board of Commissioners and made available by him for public inspection. 8. PENALTY. Any person who violates any provision of this Ordinance shall be guilty of a misdemenaor and shall be punished as provided in G.S. 14 -4. The County Health Director may through a court of competent jurisdiction enjoin violations of this Ordinance. 9. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the remaining portions thereof. 442 ABANDONMENT OF PORTION OF EAST EDGERTON Attorney J. W. Johnson, Dunn, appeared before the Board in regards to the closing of a portion of East Edgerton Street, located in the Planning area of the City of Dunn but not in the city limits. He presented the following resolution for action of the Board: NORTH CAROLINA HARNETT COUNTY RESOLUTION That WHEREAS, Wanda Kay Miller Watson and the Trustees of Black River Primitive Baptist Church have heretofore made a written request to the Board of Commissioners of Harnett County, North Carolina for said Commissioners to enter an order closing that portion of East Edgerton Street located on the West side of the intersection of East Edgerton Street and Johnson Avenue as shown on a map of the L. C. Dupree property in map book 3, page 34 of the Harnett County Registry. AND WHEREAS, the Board of Commissioners of the County of Harnett in a regular meeting assembled on the 5th day of May, 1975, adopted a resolution adopting the 16th day of June, 1975, at 8 p.m. o'clock as the time and the Courthouse as the place for a meeting of the Board of Commissioners of Harnett County, North Carolina at which the closing of said street was to be acted upon; and WHEREAS, notice of said meeting was duly published in the Harnett County news, a newspaper published in the County of Harnett, once a week for four consecutive weeks as required by North Carolina General Statute 153A -241 as shown by publisher's affidavit attached hereto and by reference made a part hereof. AND WHEREAS all of the property owners adjoining the said roadway have joined in the petition for the closing thereof; and WHEREAS said notice of the closing and public hearing was prominently posted in at least two places along said road- way as is shown by certificate of the Clerk to this Board attached hereto and made a part hereof; and WHEREAS, said persons in attendance at said meeting on the 16th day of June, 1975, were duly heard; and WHEREAS, the Commissioners duly considered the closing of said street as described in the petition; and WHEREAS, it appeared to the satisfaction of the Comm- issioners that the closing of said street is not contrary to the public interest nor detrimental to the public interest or to any individual property rights and that no individual owning property in the vicinity of said street or in the sub- division in which said street is located will thereby be deprived of reasonable ingress and egress to his property. AND WHEREAS, it appearing to the Commissioners and the Commissioners finding as a fact that the petitioners are the owners of all of the property which joins said street; and THAT said street is not located within the city limits of the Town of Dunn, eorth Carolina and is not under the super- vision and control of the North Carolina Board of Transportation; NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Board of Commissioners of Harnett County, North Carolina, that that portion of East Edgerton Street is extended from the city limits of Dunn, North Carolina as is shown on the map of the L.C. Dupree property duly recorded in Map Book 3 at page 34, the same being 50 feet in width and the same being located at the inter- section of East Edgerton Street if extended from the city limits of Dunn, North Carolina at its intersection with the western margin of Johnson Avenue as shown on said map be and the same is hereby ORDERED closed. FURTHER-RESOLVED that this resolution and the Order herein contained closing said portion of East Edgerton Street is made pursuant to the provisions of North Carolina General Statute 153A -241. FURTHER RESOLVED that the Chairman of the Board of Commissioners of Harnett County shall cause a copy of this resolution duly certified to be filed and recorded in the Office of the Register of Deeds of Harnett County, North Carolina. Passed by the Board of Commissioners of Harnett County, North Carolina on the 16th day of June, 1975. 'ACTION ON RESOLUTION Commissioner Alphin made a motion that the foregoing resolution be adopted, Commissioner Cotton seconded the motion and the issue carried unanimously. MRS. WANDA L. MANNING Mrs. Wanda L. Manning, representative of a group of people from the Erwin Area, appeared before the Board to present a collection of facts and pertinent information. She asked that the Erwin School not be considered for consolidation, but that such renovation, re- modeling, and necessary changes be made on the present site. She cited ample space, a dislike for the prospect for busing children and considered the expenses involved in busing. She asked that the school be left alone. T. P. Harrall from Dunn appeared before the Board, also. Chairmna Etheridge extended appreciation for the interest expressed by those present and asked that they feel free to come to the meet- ings again. ENVIRONMENTAL SPECIALIST Bill Meyer, Environmental Specialist for the County, appeared before the Board in relation to the landfill sites for the county. He re- ported on the progress of the newest site in Anderson Creek and said that he was looking for acceptable sites. RESULTS OF BIDS FOR HEALTH FACILITY The County Manager reported on the results of the meeting held to view the bids submitted for the furnishing of the Health Facility to be located in Western Harnett. "Minutes from a Committee meeting in reference to the Health Facility bids received on June 2, 1975: A committee appointed by the Chairman of the Board of Commissioners, composed of Henry Thompson, Peggy Hope, Helen Crews, Gilbert Brown, N. H. Brock and Mr. Hume from the arthitect's firm, met on June 5, 1975. at 11:00 A. M., to study the bids and to make a determination therefrom. It was determined by the committee that the low bidder, American Structures, Raleigh, N. C., had offered a bid in the amount of $26,500. This bid was in order and was acceptable by the committee. The committee voted to accept Alternate #2, at an add- itional cost of $900. (roof), and to make such a recommendation to the Board of Commissioners. After a discussion, the committee agreed to ask the Board of Commissioners to approp- riate adequate funds to construct this facility. The following funds will be needed: $ 26,500 basic building 900 Alternate (roof) 3,800 Property site 1,800 well, septic tank and pump 1,200 architect fees $ 34,200 Total less grant funds in the amount of $12,000. leaving an adjusted amount needed of $22,200. Commissioner Brock made the foregoing report as an official motion, and asked that the funds necessary to accept the bid submitted and selected by the Comm- ittee be appropriated from the General Fund. Commissioner Brown seconded the motion and it passed. CONTRACT AGREEMENT BETWEEN COUNTY AND BLACK RIVER EMERGENCY AMBULANCE AND RESCUE, INC. Commissioner Cotton moved that the following Contract and Agreement as presented by Attorney Glenn Johnson, be adopted by the Board and that Authority be granted to the Chairman and to theClerk to fully execute the Contract on behalf of the County of Harnett, Commissioner Brown seconded and the issue carried: NORTH CAROLINA CONTRACT AND AGREEMENT HARNETT COUNTY. THIS CONTRACT AND AGREEMENT, Made and entered into this the 1st day of July, 1975, by and between the COUNTY OF HARNETT, part of the first part, also referred to as "County ", and ANGIER -BLACK RIVER EMERGENCY AMBULANCE AND RESCUE, INC., party of the second part, also referred to as "Rescue "; W T T N E S S E T H THAT WHEREAS, Chapter 1S3A, Article 16, of the North Carolina General Statutes provides that the Board of Commissioners of a county may establish a county service district in order to finance, provide, or maintain ambulance and rescue service by contracting for said service; and 444 WHEREAS, the party of the second part serves a county service district created by the Harnett County Board of Commissioners pursuant to a vote of the people; and WHEREAS, the County of Harnett levies and collects the taxes and is responsible for appropriating said funds for the use and benefit of the citizens in the county service district; and WHEREAS, the County desires to grant a long term contract to enable the party of the second part to make long range plans; and WHEREAS, the new North Carolina G.S. 159 -13 (a) (8) which became. effective July 1, 1973, provides that the budget ordinance" . . . mya be in any form that the Board deems most efficient in enabling it to make the fiscal policy decisions embodied therein, but it shall be so organized that the accounting system will show appropriations and rev- enues by line items within at least the following funds: . . . (8) A fund for each special district whose taxes are collected . . . "the County of Harnett. NOW, THEREFORE, in consideration of the promises and the consideration of TEN DOLL to each the other in hand paid, the parties hereto contract and agree as follows: 1. The party of the first part contracts and agrees that it will cause to be assessed or levied a special tax of up to fifteen cents per $100. valuation of all real and personal property in the Angier -Black River County Service District, unless otherwise limited by law and /or a vote of the people, and will collect said tax as a part of the ad valorem taxes of the County of Harnett, provided, however, beginning with the fiscal year 1975 -76, the amount levied annually shall be based on the needs projected in the budget estimate submitted by the part of the second part to the County and approved by the county commissioners. 2. That a special or separate fund shall be maintained by the County for funds collected as a result of said special tax. 3. That monthly collections of current taxes shall be paid to Angier -Black River Emergency Ambulance and Rescue, Inc. by the fifteenth day of the month following the month of collection by the County; that quarterly collections of del- inquent taxes shall be remitted by the fifteenth day of the first month after the end of each quarter. 4. The party of the second part shall provide the necessary equipment and per- sonnel for furnishing adequate emergency ambulance and rescue service for all property located within the Angier -Black River County Service District, and it will furnish said emergency ambulance and rescue service free of charge to all persons and individuals located in said District in an efficient and workmanlike manner. 5. That all funds apid to the party of the second part by the party of the first part shall be used exclusively to provide emergency ambulance and rescue service with- in said County Service District and to pay other legitimate emergency ambulance and rescue expenses, including principal and interest on obligations incurred by the part of the second part in connection with the provision of said service. 6. It is agreed that the party of the first part may inspect all books and accounts for the party of the second part at any time that it shall desire; it is further agreed that the party of the second part will present to the county commission- ers an annual audit by a certified public accountant, which audit shall be in con- formity with existing audit policies of the county. 7. The party of the second part agrees to comply with County budgeting procedures and other procedures provided for by state law and agrees to submit budget estimates to the Harnett County Board of Commissioners on the standard forms used by County departments; the party of the second part also agrees to use standard line items for accounting devised or consented to by the county accountant from time to time. 8. This contract shall expire on the 30th day of June, 1976, and may not be transferred or assigned without consent of the County. It is expressly agreed by the parties hereto that the party of the second part shall be entitled to the exclusive use, possession, and control of all rescue equipment owned by the County of Harnett which is acquired by said County for the purpose of providing emergency ambulance and rescue service to the residents of the above named County Service District. It is further agreed that the party of the second part shall retain this right to exclusive use, possession, and control of said equipment so long as it shall remain contractually obligated to provide emergency ambulance and rescue service in said district. 9. The party of the second part further agrees to file with the County Manager a true copy of the Articles of Incorporation, existing By -Laws, and any changes made thereto from time to time; further, the party of the second part agrees to adopt By -Laws which meet all minimum legal requirements and which By -Laws, in addition thereto have reasonable provisions enabling citizens of the community to participate in the affairs of the corporation, at least an annual meeting, and vesting in a Board of Directors the authority to manage the affairs of the party of the second part without a vote of the membership to the extent permitted by North Carolina G. S. 55A, the North Carolina Non - Profit Corporation Act. 10. That nothing contained in this contract shall be construed to prohibit the party of the second part from entering into mutual aid pacts with other groups pro- viding the same or similar services or doing any other act in furtherance of its duties as an emergency ambulance and rescue service; nor shall any requirement stated herein cause the County to be liable for any acts or obligations of the party of the second part and its members. Nothing contained in this contract shall be construed to restrict, the party of the second part from entering into contracts to provide similar services to other county service districts or municipalities, provided, however, such add- itional contractual relations with other districts or municipalities do not affect the services to Angier -Black River County Service District. IN TESTIMONY WHEREOF, the party of the first part has caused this instrument to be executed by the Chairman of the Harnett County Board of Commissioners and attested by the Clerk of the Harnett County Board of Commissioners; and the party of the second part has caused this instrument to be signed in its name by its President, attested by its Secretary, and its corporate seal hereto affised, all by order of its Board of Directors duly givern. Attest: /s/ H.D. Carson, Jr. Clerk Attest: /s/ W. R. Pleasant Secretary. RETIREMENT PLAN, SB 1153 Chapter 1310 Mrs. Crews BOARD OF COMMISSIONERS /s/ Bobby R. Etheridge Chairman ANGIER -BLACK RIVER EMERGENCY AMBULANCE AND RESCUE, INC. /s/ J. W. Johnson Chairman Mrs. Helen Crews, Director of Social Services and Mrs. Emma Lee West from the Department of Social Services, appeared before the Board in reference to the Local Governmental Employees Retirement Plan, SB 1153, Chapter 1310. This bill provides for the purchase of retirement service credits for employees who had had previous service under the system, and in the Armed Services. It was pointed out by the manager that approximate- ly 4 employees had shown some interest in this plan. He also reported that it would cost the county approximately $150. per month to part- icipate in the plan. After discussion, action was tabled until the next meeting of the Board. ADJOURN The meeting adjourned at 9:00 P. M. $�eciietary :,2i Chairman Clerk