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HomeMy WebLinkAbout01211992 522 HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 21, 1992 The Harnett County Board of Commissioners met in regular session on Tuesday, January 21, 1992, in the Commissioners Meeting Room, County Office Building, Lillington, North Carolina, with the following members present: Mack Reid Hudson, Bill Shaw, Walt Titchener, Beatrice Bailey Hill, and Chairman Lloyd G. Stewart presiding. Others present were Dallas H. Pope, County Manager; W. Glenn Johnson, County Attorney; Vanessa W. Young, Finance Officer and Clerk to the Board; and Kay S. Blanchard, Recording Secretary. CALL TO ORDER Chairman Stewart called the meeting to order at 7 p.m. and Commissioner Titchener led the group in the pledge to the flag and a MOMENT OF SILENCE IN moment of silence in memory of Mr. Whit Bradham, Associate MEMORY OF WHIT BRADHA.t\1 Superintendent, Harnett County Schools, who had passed away Tuesday morning. Commissioner Titchener mcved for a::;>proval of requests to be placed on the agenda ~rom 2 adcitic~al ?eo~le, Commissioner Hill seconded the motio~ a~d i~ ?as~s~ wit: a u~an~mous vote. COffi.'"J':' s 5 i one~ ~ i. tc:'.e:-le:: ~(7ed that agenri3 1tem concerning school wastewa~er ?~~~ect ~or Hc,rnett Central High School and Harnett Central Middle School be moved ~p on the agenda to be considered immediately following comments from (;itizens. Commissioner Hill seconded the motion and it passed with a unanimous vote. CONSENT AGENDA Upon motion made by Commissioner Hill and seconded by Commissioner APPROVED Shaw, the Board voted unanimously to approve the following items from the Consent Agenda: - Minutes of the regular meeting, January 6, 1992 , and reconvened meeting, January 8, 1992 BUDGET AMENDMENTS - Budget Amendments: Governinq Body Code 10-4100-005 FICA Tax Expense $3,260. increase Revenue: 10-3990-000 Fund Ba:ance Appropriated 3,260. increase Public Utilities (So\!th Cer.tral) Code 34-9a03-20( Professional Services 25,000. increase ~.eve.:ue : :(-3:9Z<)Ll Unappropriated Fund Bal~~ce-South Central' 25,000. increase Public Utilities (Northwest) Coce 36-9005-073 Capital Outlay - Other Improvements 1,700. increase Revenue: 36-3990-005 Unappropriated Fund Balanc~-~0rthwest 1,700. increase Commissioner Titchener moved for approval ~f the following budget amendment for Social Services: Code 10-7700-002 Salaries & Wages 2,040. decrease 10-7700-003 Salaries & Wages (part-time) 2,040. increase Commissioner Hudson seconded the motion and it passed with a unanimous vote. Commissioner Hudson moved that a Department of Social Serivces request for a budget amendment for Public Assistance be tabled. Commissioner Titchener seconded the motion and it passed with a unanimous vote. COMMENTS CONCERNING The, following people provided comments concerning the Cape Fear CAPE FEAR WASTEWATER ~6g10~~: W~s~7water Syste~ ?roject: Sol Kozma, Willis B. Harvey, Joe SYSTEM PROJECT ~-.~,~',:',~ _ .:':. -:-:_ ,IV'=-::-~.':~~~:'. '. Ler'nJ~:~ ..~:' .:k 0' M~=c Tunstall, Marcelle Brown, · -. ,-~s J .~.. f-'..' ~ C F't h tt d '11' -,---... - u._...,., ~'--' .. -, -:. ...",_,(,_ -'ir.. 1 c e e, an Wl lS Brown. MOTION Tt~T LETTER Cc~~issi.G~e~ Titc~a~a: rr.ede a motion that a letter to Commissioner BE MADE PART OF MIN. Ti'ccr.en&r ~rom Mr. ~obert M. 3igh, dated January 17, 1992, be made a (ATTACH. 1.) part of the minutes of this meeting. Commissioner Hill seconded the motion and it passed with a unanimous vote. The letter is copied in full at the end of these minutes as Attachment 1. MOTION TO TERMINATE Commissioner Titchener moved for the termination of the gravity flow PROJECT FOR WW LINE wastewater line project to support Harnett Central High School and TO SCHOOLS Harnett Cent:al Mi~dle ~chool.as approved by the Board on September 24, 1991, sald proJect lnvolvlng a force main and pump station along SR 1403, then a gravity flow line from the school area down to a point 523 intercepting west Buies Creek Stream; and that the Board of Education force main wastewater project be designated to provide the needed wastewater service for Harnett Central High School and Harnett Central Middle School. Commissioner Hudson seconded the motion and it passed with a unanimous vote. PUBLIC HEARING RE: Chairman Stewart called to order a public hearing on application for ZONING CHANGE APPLI. zoning change for J.D. Ashworth, from Commercial Zoning District to J.D. ASHWORTH RA-30 Zoning District, Upper Little River Township, SR 1274, approximately 35.8 acres. George Jackson, Planning Director, REQUEST APPROVED presented the application and briefed the group that the purpose of the public hearing was to obtain comments from the public concerning the zoning change application. Chairman Stewart opened the meeting for public comments. No comments were offered and Chairman Stewart closed the public hearing. Mr. Jackson presented the application for consideration by ~he Board. The Planning BOard recommended approval of the zoni~g cha~ge request. Commissioner Hill moved for approval of ~he zonin~ change ~equest for J.D. Ashworth. Commissioner Shaw ::~C0::1L9_. ~::,e cotion and i": pass.a~ with a unanimous vote. BYLAWS & APPOINTMENT ':::~'1a:::"'es WL..son, ':haL:-man, Anderson Creek Senior Center Advisory OF NEW MEMBERS APPROVED Commi t tee, presented for the 3oard's consideration proposed bylaws for FOR ANDERSON CREEK the Anderson Creek Senior Ce~ter Advisory Committee and requested SENIOR CENTER ADVISORY appointment of four new membars to the committee. Commissioner Shaw COMMITTEE moved for approval of the bylaws for the Anderson Creek Senior Center Advisory Committee. Commissioner Hill seconded the motion and it passed with a unanimous vote. Commissioner Titchener moved for appointment of the following personnel to the committee for a four-year term to expire January, 1996. Commiss'ioner Hill seconded the motion and it passed with a unanimous vote. 1. Bertha Kinton, Rt. 2, Lillington, NC 27546 2. Jean Burgess, Rt. 2, Linden, NC 28356 3. George Burgess, Rt. 2, Lillington, NC 27546 4. Flora Brown, Rt. 1, Bunnlevel, NC 28323 REQUEST TO ESTABLISH Duane Rowe, President, Anderson Creek Volunteer Fire & Rescue, made a presentation to t~e Board to establish a county wide dive team. COUNTY-WIDE DIVE TEAM After presentation, the 3oa~~ discussed the proposed county wide dive team and ir.dicated tt.at requast ~or funding to support the proposed T.eam wo:..:d ~:.p c :-,lsidereG. du~ing the budget cycle for F. Y. 92-93. SOUTHEAST W & S DIST. .;':'~~ M. ?~e19S" ~I, Public ~tilities Attorney, presented for the MEETING Soa=~'~ ~on3~"~~~~~~;~ Bf~~~~~ i~their capacity as governing body of ~h~ Bout~eagt W~~e= and 5ewer~istrict, a resolution approving plans and specific~~io~s for water distribution system. Commissioner Hudson moved for adoption of the resolution. Commissioner Hill seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 2. REQUEST FROM H. C. Dallas H. Pope, County Manager, presented a request from the Harnett DRAINAGE DISTRICT County Drainage District Number One concerning a loan from Harnett County in support of the Harnett County Drainage District for Farmer's Home Administration note payment. Commissioner Titchener made a motion to approve enough funding to bring their books to 0 (about $4,000). Commissioner Hill seconded the motion. The motion failed with the following vote: 2 Ayes, 3 Noes, o Absent. After discussion, the Board advised that members of the Drainage District be invited to the Board of Commissioners meeting to be held on February 17, 1992, to further discuss their request. RESOLUTION RE: D,a:las H. Pope, County M~nager, presented for the Board's MASTER PLAN PROJECT considera~io~ a resolution regarding procurement of architectural s€::-vicaE !M3s~er Pl~n Project). Commissioner Shaw moved for adoption of ~~e ~esola~~on< ~ow~iss~~~e~ Titchener seconded the motion and it passed wit~ a ~r3nimous vo~e. The resolution is copied in full at the e~d of these minu~es as Attachment 3. AGREEMENT WITH Dallas H. Pope, County Manager, presented for the Board's D.M.G. FOR COST STUDY consideration an agreement proposal from David M. Griffith & ON EXCISE TAX Associates, Ltd. for services involving cost study on excise tax on real estate conveyances. Commissioner Hudson moved for approval of the proposed agreement. Commissioner Shaw seconded the motion and it passed with a unanimous vote. REQUESTS FOR SURPLUS Consideration of three requests for intergovernmental transfer of a AMBULANCE county surplus ambulance was tabled until the February 3, 1992, meeting. 524 REPORTS Reports for' the month of December were filed with the Board from the following departments: Social Services, Planning Department, Health Department, and the Fire Marshal's Office. A report of Intra-Departmental Budget Amendments was also filed with the Board and is copied in full at t~e end of these miryutes as+~t~ment 4. tOYJ'l1'l1. ,)5j 1>1'> "'I'" il\ mC4ie. A- l'>1.D c-, ih t \ OCt.......d" Infp fl)tecli:. lore.. . session to ~iscuss personnet Jta ~egal~matters. Co SSloner Shaw EXECUTIVE SESSION seconded the motion and it passed with a unanimous vote. Commissioner Hill made a motion that the Board come out of executive session. Commissio~er Shdw seconded the motion and it passed with a unanimous vo'Ce. Dallas H. Pope, County Mqnager, presented for the Board's consideration a request from Mr. Staley Smith for road easement across the edge of county property. The Board instructed the county manager to advise Mr. Smi~h that the Board would consider the request if appropriate legal action could be worked out with the county attorney and that it would be appropriate to have his attorney contact the county attorney for further discussion and evaluation of his request. MS. M.P. RIZZON APP'T Commissioner Titchener moved for the appointment of Ms. M. P. Rizzo, TO NURSING HOME ADV. COMMITTEE 904 West Pearsall Street, Dunn, North Carolina, to the Nursing Home Advisory Committee for a three-year term to expire 12-31-94. Commissioner Hill seconded the motion and it passed with a unanimous vote. MOTION TO ESTABLISH Commissioner Titchener made a motion that the Board establish a 30 30 MIN. PERIOD FOR minute period at the beginning of regular Board of Commissioners INFORMAL PUBLIC Cm1r'1ENTS meetings for informal public comments. Commissioner Hill seconded the motion and it passed with a unanimous vote. ADJOURNMENT There ~ein; ~o fart~er ~:siness, the Harnett County Board of Commiss~or.er5 meeti~~, January 21, 19~.2, duly adjourned at 11 p.m. L~tLd? .~ ~~ 'i ~ · ~JQ J Jvv-<C Vanessa W. Young, Clerk 0 the Uoard --.1{/JL~. i. &a..J/A t' .A fJ.)7 d Kay S. Blancha~d, Recording Secretary 525 A TT ACHMENT 1. .-. ~tatc (@f ~nrt~ <!larnHtta .."..gArr"..~ ," '~ fJir. f 3 ~\ '. ~ ~epartmettt @f ~tate '(I!reasurer I~ : _, I VJ "'-"'" HARLAN E, BOYLES State and Local GOl'ernment Finance Dil'ision ROBERT M, HIGH TREASl:RER and the Local GOl'ernment Commission DEPl:T\' TREASL:RER January 17. 1992 Mr. Walt Titchener. Commissioner Harnett County Post Office Box 1304 Dunn. North Carolina 28335 Dear Mr. Titchener: I A revolving loan application for a proposed wastewater treatment project for Harnett County was received by our office on May 31, 1991. Since the filing, Janice Burke met with John Phelps. Attorney, and Rodney Tart. a Harnett County employee. to discuss the project and the opposition by Campbell University officials and other residents. Because of the apparent intensity of the opposition within the community, Ms. Burke told Mr. Phelps and Mr. Tart it was inadvisable to present this project to the Local Government Commission until an agreement between the parties had been reached. Debt under the revolving loan program is normally secured by user charges and does not require a vote of the people, therefore, the staff is reluctant to present to the Commission non-voted projects having significant opposition. The application remains in our pending file. A local government expending funds on a project expecting to be reimbursed through a future financing that has not received the approval of the Local Government Commission (LGC) is taking a risk. Our advice '~ould be not to proceed without LGC approval unless monies are available that would not necessarily have to be replenished by a future financing. I do not believe the pre-expenditure of funds on a project would influence the position of the Local Government Commission. Prior to the signing of any contract and the expenditure of funds. local government officials must adhere to G.S. 159-28 that requires an adopted budget and sufficient unencumbered approp~iations. This statute holds the local government officials or their sureties legally liable for any sums disbursed without an authorized appropriation. I hope this information is helpful to you in your upcoming discussions. If you have other questions do not hesitate to call me. Sincerely. ~7n'rIj1 Robert M. High cc: The Honorable Harlan E. Boyles The Honorable Betsy Y. Justus The Honorable Rufus L. Edmisten The Honorable Edward Renfrow John M. Phelps, II, Esq. 526 ATTACHMENT 2. RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR CONSTRUCTION OF WATER DISTRIBUTION SYSTEM SOUTHEAST WATER AND SEWER DISTRICT OF HARNETT COUNTY THAT WHEREAS, the Board of Commissioners of the County of Harnett, sitting as the governing body of Southeast Water and Sewer District of Harnett County (hereinafter sometimes referred to as the "Board" ) desires to proceed with the necessary steps to implement construction of a water distribution system in said Distric't; and WhJ:."EA5 , the L:.s,;;:l.c-= s enginee~ has submitted plans and specif L::ations to the District for the said water distribution system; and WHEREAS, for and in behalf of the District, the Harnett County Department of Public Utilities has reviewed said plans and specifications, and reports that the same are acceptable, and now recommends that said plans and specifications be approved by the Board; and WHEREAS, the Board now desires to approve the said plans and specifications. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett, sitting as the governing body of Southeast Water and Sewer District of Harnett County, that: Th~ plans and specifications for the water distribution system of Southeast Water and Sewer District of Harnett County submitted to said District by the District's engineer, designated as Marziano & Minier Job Number 91028 and dated November 27, 1991 shall be and are hereby approved, subject to any minor changes necessary to implement construction of said water distribution system. Duly adopted this 21 day of January, 1992, upon motion made by Commissioner Hudson seconded by Commissioner Hill and adopted by the following vote: Ayes 5 Noes 0 Absent 0 Board of Commissioners of the County of Harnett, sitting as the governing body of Southeast Water and Sewer DiS~ Harnett C~unty Bv ~~- . r..j.oYrr/ G . Stewart, Chairman ;r~cuJ. Vanessa w. Young~ the Board and of Souto ast Water and Sewer District of Harnett County 527 ATTACHMENT 3. RESOLUTION REGARDING PROCUREMENT OF ARCHITECTURAL SERVICES (MASTER PLAN PROJECT) I THAT WHEREAS, the County of Harnett, in cooperation with the Harnett County Architectural Committee, desires to retain an architectural/engineering firm to develop a master plan study and master plan for the County's proposed Governmental Complex; and WHEREAS, the Board of Commissioners of the County of Harnett (hereinafter sometimes referred to as the "Board") desires to employ an architectural/engineering firm which is competent and qualified to provide the services required, but finds that in order to obtain the best pricing available and to hold costs at a minimum, it is of the utmost importance to consider the expense of obtaining said services in the selection process; and WHEREAS, the Board is aware of the declaration of public policy regarding selection of architects and engineers as expres~ed in N.C. Gen. Stat. S143-64.3l et.seq.; and WHEREAS, while such statutes generally do not provide for the consideration of the amount of professional fees in the selection process, N.C. Gen. Stat. S143-64.32 authorizes units of local government to exempt particular projects from the provisions of N.C. Gen. Stat. Sl43-64.3l in the sole discretion of the unit of local government, stating the reasons therefor and the circumstances attendant thereto; and WH~REAS, the Board desires to exempt the selection process with respect to the firm to provide the above described services from said provisions as is hereinafter provided. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett that: 1. Pursuant to N. C. Gen. Stat. S143-64. 32, the selection process with respect to the architectural/engineering firm to develop a master plan study and master plan for the County's proposed Governmental Complex shall be and hereby is declared exempt from the provisions of Article 3D, Chapter. 143 of the General Statutes of North Carolina (N.C. Gen. Stat. S143-64.3l et saq. ) 2. The following reasons therefor and the circumstances attendaLt thereto are stated: a. Due to the desire of the County to obtain the best pricing available and to hold costs at a minimum, the Board finds that it is vital that the expense of the architectural/ engineering services desired be studied in the County's and in the referenced Committee's evaluation process. b. The Board desires to procure the appropriate services as described pursuant to the least costly procedure available. 3. The appropriate officers, agents and representatives of the County are hereby directed to take such actions as are required to effectuate the intent of this Resolution. -~- 528 Duly adopted this 21 day of January, 1992, upon motion made by Commissioner Shaw , seconded by commissioner Titchener and adopted by the following vote: 1 Ayes 5 Noes 0 Absent 0 Board of Commissioners of the County of Harnett ~ /~t~rman Atrt: "\~ crAJ, y~ Vanessa W. Young U Clerk of the Board ATTACHMENT 4. INTRA-DEPARTMENTAL BUDGET AMENDMENTS FOR THE MONTH ENDING DECEMBER 31, 1991 DEPARTHENT INCREASE DATE ACCOUN~ CODE DESCRIPTION (DECREASE) 07-03-91 Administration 10-4200-033 Materials & Supplies (100) 10-4200-053 Dues & SUbscriptions 100. 07-11-91 RSVP & Sr. Citizens 10-7720-002 Salaries & Wages 336. 10-7720-003 Salaries & Wages-Part-time (353) 10-7720-007 Retirement Expense 17. 07-11-91 Emergency Services 10-5300-053 Dues & Subscriptions 153. 10-5300-057 Miscellaneouse Expense (153 ) 07-22-91 Administration 10-4200-053 Dues & Subscriptions 40. 10-4200-057 Miscellaneous Expense (40) 07-23-91 Register of Deeds 10-4800-002 Salaries & Wages (714 ) 10-4800-003 Salaries & Wages-Part-time 714. 07-24-91 Board of Elections 10-4300-012 Printing & Binding (400) 10-4300-045 Contracted Services 400. 08-01-91 Emergency 1.led. Servo 10-5400-046 Medical Supplies & Drugs (500) 10-5400-057 Miscellaneous Expenses 500. 08-01-91 Governing Body 10-4100-053 Dues & Subscriptions 32. 10-4100-057 Miscellaneous Expense (32 ) 08-12-91 Governing Body 10-4100-004 Professional Services (1000) 10-4100-053 Dues & Subscriptions 1000. 08-26-91 Governing Body 10-4100-053 Dues & Subscriptions 220. 10-4100-057 Miscellaneous Expense (220) 09-11-91 Procurement/Veh Mnt 10-5550-033 Materials & Supplies 150. 10-5550-074 Capital Outlay - Equipment (150) 529 09-13-91 Parks & Recreation 10-8200-033 Materials & Supplies (300) 10-8200-016 Maintenance & Repair - Equip. 300. 1 09-24-91 Youth Services 10-7730-016 Maintenance & Repair-Equipment 160. 10-7730-047 Food & Provisions (160) 10-28-91 Emerg. Servo Dept. 10-5300-026 Advertising 800. 10-5300-031 Automotive Supplies (800) 11-07-91 Youth Services 10-7730-012 Printing & Binding (69) 10-7730-026 Advertising 69. 11-22-91 Industrial Dev. Comm 10-7250-026 Advertising 433. 10-7250-076 Industry APpreciation Day (433) 11-25-91 Emerg. Servo Dept. 10-5300-031 Automotive Supplies (400) 10-5300-033 Materials & Supplies 400. 12-11-91 Industrial Develpmt 10-7250-026 Advertising 145. 10-7250-068 Board Members ( 145) 12-30-91 Governing Body 10-4100-0571 County Awards 310. 10-4100-163 Stormwater Permit (310)