01021990
95
HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, JANUARY 2, 1990
The Harnett County Board of Commissioners met in regular session on Tuesday,
January 2, 1990 , in the County Office Building, Lillington, North Carolina,
with the following members present: Rudy Collins, Bill Shaw, Mack Reid
Hudson, Mayo Smith, and Chairman Lloyd G. stewart presiding. Others present
were Dallas H. Pope, County Manager; W. Glenn Johnson, County Attorney;
I Vanessa W. Young, Clerk to the Board; and Kay S. Blanchard, Recording Secre-
tary.
Chairman Stewart called the meeting to order at 9 a.m.
,
Commissioner Smith offered the invocation.
Commissioner Smith moved for the approval of the minutes of the regular
meeting, December 4, 1989, and special meeting, December 18, 1989. Commis-
sioner Hudson seconded the motion and it passed with a unanimous vote.
DOT Ray Stone, Highway Maintenance Engineer, North Carolina Department of Trans-
portation, appeared before the Board to discuss road matters and situations in
Harnett County.
PETITION ON W. Glenn Johnson, County Attorney, briefed the Board on petition requesting
HWY. 87 DEBRIS removal of unsightly debris at location on Highway 87. The Board requested
the County Attorney to pursue avenues to solve problem.
WATERWAY MARKERS W. Glenn Johnson, County Attorney, presented a resolution concerning waterway
FOR CAROLINA LAKES markers at Carolina Lakes. Commissioner Shaw moved for the adoption of the
resolution. Commissioner Collins seconded the motion and it passed with a
unanimous vote. The resolution is copied in full at the end of these minutes
dated January 2, 1990, as document no. lo
SHORTAGE OF PUBLIC Patricia McKee, R.N., Health Department, briefed the the Board on shortage of
HEALTH NURSES public health nurses and requested increase in nurses' salaries. Additional
comments involving this matter were presented by C. Reid Ross, Chairman of
Harnett County Health Board, and Marianna Shaw, School Health Nurse.
CBA FUNDING Terri McGowen, 4-H Agent, Agricultural Extension, presented a grant proposal
PROPOSAL for CBA funding. Commissioner Shaw moved for the approval of the application
I for CBA funding. Commissioner Smith seconded the motion and it passed with a
unanimous vote.
FINANCE OFFICE Vanessa W. Young, Finance Officer, requested approval to dispose of records in
RECORDS DISPOSAL the Finance Office. Commissioner Smith made a motion to approve request for
disposal of the Finance Office records listed below, in accordance with the
provisions of Chapters 121 and 132 of the North Carolina General Statutes and
as listed in Records Disposition Schedule issued by the North Carolina Divi-
sion of Archives and History and adopted by the County of Harnett. Commis-
sioner Collins seconded the motion and it passed with a unanimous vote.
1. Payroll Reports: Employees Master Record
County Payroll Register 1986
Summer Job Payroll Register 1986
Water Fund Accrual Register 1987
County Accrual Register 1987
Summer Job Payroll Register 1987
County Payroll Register 1987
2. Payroll Tax Withholding Certificates 1977 - 1984
RESOLUTION OF Carla Stephens, Planning Director, presented for consideration a resolution of
APPRE. FOR THOMAS appreciation to Thomas Farrar, Planning Board member. Commissioner Hudson
FARRAR moved for the adoption of the resolution. Commissioner Smith seconded the
motion and it passed with a unanimous vote. The resolution is copied in full
at the end of these minutes dated January 2, 1990, as document no. 2.
RESOLUTION OF Carla Stephens, Planning Director, presented for consideration a resolution of
APPRE. FOR THERON appreciation to Theron Miller, Planning Board member. Commissioner Collins
MILLER moved for the adoption of the resolution. Commissioner Shaw seconded the
motion and it passed with a unanimous vote. The resolution is copied in full
I at the end of these minutes dated January 2, 1990, as document no. 3.
YOUTH PLANNING Commissioner Shaw moved for the following appointments to the Harnett Youth
BOARD APPOINTI~ENTS Planning Board:
Gerald Smith - ex officio
Jane Smith - ex officio
John Clark - ex officio
Terrie McGowan - ex officio
Term Expires
Fred Freeman 12-31-91
Julia Powers 12-31-90
Jane Schueman 12-31-92
96
Henry Cox 12-31-91
Diane Hatley 12-31-93
Suzanne Norris 12-31-92
Mack Reid Hudson 12-31-93
Marianne stump 12-31-93
Marshall Woodall 12-31-93 I
Wanda Gardner 12-31-93
Commissioner Smith seconded the motion and it passed with a unanimous vote.
APPOINTMENTS TO Commissioner Smith moved for the following appointments to the Industrial
IND. FACILITIES & Facilities and Pollution Control Financing Authority:
POLLUTION CONTROL
FINANC ING AUTH. Term Expires
Lamar Simmons 12-31-90
Daniel D. Andrews, Jr. 12-31-90
Charlie Carpenter 12-31-90
Edgar R. Bain 12-31-91
C. P. Stewart 12-31-91
Larry Smith 12-31-91
Commissioner Hudson seconded the motion and it passed with a unanimous vote.
APPOINTMENTS~& Commissioner Hudson moved for the following appointments and reappointments to
REAPPOINTMENTS TO the Harnett County Board of Health:
BOARD OF HEALTH
New Appointments Term Expires
Commissioner Mayo Smith 12-31-92
Sharon Perry, Pharmacist 12-31-92
Dr. Stephen Colquhoun, Veterinarian 12-31-92
Reappointments Term Expires
Dr. Kenneth Tal~, Optometrist 12-31-92
Kathy Weeks, R.N. 12-31-92 I
Commissioner Collins seconded the motion and it passed with a unanimous vote.
APPOINTMENTS TO Dallas H. Pope, County Manager, presented a resolution naming members of the
AVERASBORO TOWNSHIP Averasboro Township Tourism Development Authority. Commissioner Smith moved
TOURISM DEV. AUTH. for the adoption of the resolution. Commissioner Hudson seconded the motion
and it passed with a unanimous vote. The resolution is copied in full at the
end of these minutes dated January 2, 1990, as document no. 4.
RESOLUTION RE: Dallas H. Pope, County Manager, presented a resolution concerning release of
RELEASE OF STATE State funds to Mid-Carolina Council of Governments. Commissioner Shaw moved
FUNDS TO MID-CAROL. for the adoption of the resolution. Commissioner Collins seconded the motion
COUNCIL OF GOVERN. and it passed with a unanimous vote. The resolution is copied in full at the
end of these minutes dated January 2, 1990, as document no. 5.
REPORTS Reports for the month of December were filed with the Board from the following
departments: Development Commission, Planning Department, Health Department,
Social Services, Agricultural Extension, Library, Sheriff's Department, and
Tax Department.
BUDGET AMENDMENTS Dallas H. Pope, County Manager, requested the following budget amendment for
Public Utilities (South Central Phase II):
Code 60-9014-001 C.K. Andrews Contracting $1,500. decrease
60-9014-002 Brown Utility Company 500. decrease
60-9014-080 Contingency 2,000. increase
Commissioner Shaw moved for the approval of the budget amendment.
Commissioner Collins seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for I
Public Utilities (Northwest):
Code 60-9010-005 Shutt Hartman Construction 3,800. increase
60-9010-002 Brown Utility Company 1,000. decrease
60-9010-080 Contingency 2,800. decrease
Commissioner Collins moved for the approval of the budget amendment. Commis-
sioner Shaw seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Public Utilities (Northeast Metro):
Code 60-9015-030 Engineering 20,000. increase
97
Revenue: 60-3770-000 Advance from General Fund-NE 20,000. increase
Commissioner Shaw moved for the approval of the budget amendment. Commis-
sioner Hudson seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
I the Planning Department:
Code 10-7200-0ll Telephone & Postage 1,000. increase
10-7200-014 Travel & Meetings 500. increase
10-7200-026 Advertising 1,100. increase
10-7200-033 Materials & Supplies 2,000. increase
Revenue: 10-3990-000 Fund Balance Appropriated 4,600. increase
Commissioner Hudson moved for the approval of the budget amendment.
Commissioner Smith seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Public Buildings:
Code 10-5000-054 Insurance & Bonds 1,876. increase
Revenue: '10- 3990-000 Fund Balance Appropriated 1,876. increase
Commissioner Shaw moved for the approval of the budget amendment.
Commissioner Hudson seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Veteran's Service Office:
Code 10-7800-002 Salaries & Wages 67. increase
10-7800-005 FICA Tax Expense 6. increase
10-7800-007 Retirement Expense 4. increase
Revenue: 10-3990-000 Fund Balance Appropriated 77. increase
Commissioner Smith moved for the approval of the budget amendment. Commis-
sioner Hudson seconded the motion and it passed with a unanimous vote.
I Dallas H. Pope, County Manager, requested the following budget amendment for
Governing Body:
Code 10-4100-004 Professional Services 60,000. increase
Revenue: 10-3990-000 Fund Balance Appropriated 60,000. increase
Commissioner Hudson moved for the approval of the budget amendment.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
Henry S. Thompson, Director, Health Department, requested the following budget
amendment for the Health Department:
Code 10-7600-014 Travel & Meetings 1,746. increase
10-7600-033 Materials & Supplies 500. increase
10-7600-074 Capital Outlay - Equipment 3,754. increase
Revenue: 10-3480-027 Environmental Health 6,000. increase
Commissioner Shaw moved for the approval of the budget amendment.
Commissioner Smith seconded the motion and it passed with a unanimous vote.
Henry S. Thompson, Director, Health Department, requested the following budget
amendment for the Health Department:
Code 10-7600-002 Salaries & Wages 5,160. increase
10-7600-005 F.I.C.A. Tax Expense 390. increase
10-7600-006 Group Insurance Expense 750. increase
10-7600-007 Retirement Expense 259. increase
10-7600-0ll Telephone & Postage 1,000. increase
10-7600-014 Travel & Meetings 4,000. increase
10-7600-033 Materials & Supplies 1,200. increase
10-7600-046 Medical Supplies & Drugs 700. increase
10-7600-074 Capital Outlay - Equipment 2,455. increase
I Revenue: 10-3480-019 WIC Program 15,914. increase
Commissioner Collins moved for the approval of the budget amendment. Commis-
sioner Shaw seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
the Sheriff's Department:
Code 10-5100-003 Salaries & Wages, Part-time 18,000. increase
10-5100-005 F.I.C.A. Tax Expense 1,375. increase
Revenue: 10-3990-000 Fund Balance Appropriated 19,375. increase
Commissioner Collins moved for the approval of the budget amendment. Commis
98
'>,
sioner Shaw seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
the Sheriff's Department:
Code 10-5120-017 Maintenance & Repair, Auto 2,000. increase I
Revenue: 10-3990-000 Fund Balance Appropriated 2,000. increase
Commissioner Collins moved for the approval of the budget amendment. Commis-
sioner Smith seconded the motion and it passed with a unanimous vote.
EXECUTIVE SESSION Commissioner Hudson made a motion to go into executive session. Commissioner
Shaw seconded the motion and it passed with a unanimous vote.
Commissioner Hudson made a motion to come out of executive session. Commis-
sioner Collins seconded the motion and it passed with a unanimous vote.
CAPE FEAR REGIONAL John M. Phelps, II, Public utilities Attorney, presented a Resolution regard-
WASTEWATER BOARD - ing Cape Fear Regional Wastewater Board (Buies Creek-Coats Water and Sewer
BUIES CREEK/COATS District of Harnett County). Commissioner Hudson moved for the adoption of
MEMBERSHIP the resolution. Commissioner Collins seconded the motion and it passed with a
unanimous vote. The resolution is copied in full at the end of these minutes
dated January 2, 1990, as document no. 6.
RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented a Resolution Author-
CONDEMATION TO izing Condemnation to Acquire a Certain Easement and Right of Way Over
AQUIRE EASEMENT - and Upon the Property of Louise Byrd Sheppard and Husband, Lyman Wilson
LOUISE BYRD SHEPPARDSheppard. Commissioner Collins moved for the adoption of the resolution.
PROPERTY Commissioner Shaw seconded the motion and it passed with a unanimous vote.
The resolution is copied in full at the end of these minutes dated January 1,
1990, as document no. 7.
ADJOURNMENT There being no further business, the Harnett County Board of Commissioners
meeting of January 2, 1990, duly adjourned at 12:30 p.m.
~t~~. chairman I
j(~<~. 41~JgJld
~anchard. Recording Secretary.
~ 'Vv .l()~
Vanessa W. Young, Clerk t&' the B rd
DOCUMENT NO. lo
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
RESOLUTION
OF
THE BOARD OF COMMISSIONERS OF HARNETT COUNTY
WHEREAS, under the authority of North Carolina General
Statutes Section 75A-l5(a) any subdivision of the State of North
Carolina may at any time, after public notice, make formal
application to the Wildlife Resources Commission for special
rules and regulations with reference to the safe and reasonable
operation of vessels on any water within its territorial limits,
AND WHEREAS, Harnett County has given public notice of its
intention to make formal application to the wildlife Resources
commission for special rules and regulations with reference to I
the safe and reasonable operation of vessels on the lakes
located at Carolina Lakes Development within the territorial
limits of Harnett County, and for the implementation of the
Uniform Waterway Marker System in such waters within the County
of Harnett,
NOW, THEREFORE, BE IT RESOLVED that in accordance with North
Carolina General Statute 7SA-lS, the Board of Commissioners of
Harnett County requests the North Carolina Wildlife Resources
commission to promulgate special rules and regulations with
reference to safe and reasonable operation of vessels on the
waters of the lakes located at Carolina Lakes development within
said county, the pertinent substance of which proposed
regulations to include the following, to wit: (l) All safety
hazards at any spillways must be identified and appropriately
marked. (2) The swimming area at the marina must be identified
and appropriately marked. (3) Areas where bank or shore erosion
might occur must be identified, marked appropriately, and
protected from erosion. (4) -No Boat- buoys must be installed
and maintained in all areas where necessary to control erosion
and protect swi1l"'" ~~ beaches and areas in and around said lakes.
~-'-""----~-~--- -~-,~~
99
BE IT FURTHER RESOLVED by the Board of Commissioners of
Harnett County that all such action as might be required by this
resolution and the regulations and the laws of the State of North
Carolina shall be taken by the Property Owners Association of
Carolina Lakes Development, that said Association shall at its
expense acquire, install and maintain all items necessary in
order to meet said requirements or those hereafter imposed, that
-...--- the County of Barnett shall have no responsibility to acquire,
I install or maintain any such items, that the County of Barnett
shall have no liability or responsibility of any sort whatsoever
in connection with the action which miyht be authorized or
required by this resolution or any act on taken as the result
thereof, and that the Property OWners Association of Carolina
Lakes Development sh~ll obtain and maintain liability insurance
for the benefit and protection of those using the subject waters
ih amounts of not less than $100,000.00 per injured person and
$300,000.00 for all injured persons, and property damage in an
amount of not less than $25,000.00 for each occurrence.
BE IT FURTHER RBSOLVBD that the Board of commissioners of
Harnett County requests that said Commission promulgate
regulations fully implementing the Uniform Waterway Marker System
upon the above referenced waters within Barnett County, subject
to those conditions and limitations above set forth.
This 2nd day of January, 1990
,
HARNETT COUNTY BOARD OF COMMISSIONERS
By: ~h~.~
. Ll G. Stewart, Cha rman
Attest:
/
Ii. \ '- '\
~ 1J.). lj~A^,,~
Vanessa Young, Cler
,J
I DOCUMENT NO. 2.
HARNETT COUNTY
NORTH CAROLINA
RESOLUTION
THAT, WHEREAS, Mr. Thomas Farrar was appointed to the Harnett County
Planning Board in May, 1977; and
WHEREAS, Mr. Thomas Farrar provided service to Harnett County for twelve
years as a member of the Harnett County Planning Board; and
WHEREAS, his willingness and concern for the development of Harnett
County has led to constructive growth and development for the County; and
WHEREAS, his dedication and contributions have been greatly appreciated
by the Harnett County Board of Commissioners as well as the entire County.
NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF
COMMISSI......:.AS, that Thomas Farrar is hereby conmended for his invaluable and
immeasurable service. That a copy of this resolution shall be given to Thomas
Farrar, a copy spread upon the minutes of the Board and a copy furnished to
the media.
Duly adopted this 2nd day of January, 1990.
HARNETT COUNTY BOARD OF COMMISSIONERS
_~ J;J 4c~
I Llo d G.'Stewart, Chairman
Attest:
IJRv^..AJui.J \0/ ~,(}AA'~~'
Vanessa W. Young, Clerk to t Board
I
.~_. .
100
DOCUMENT NO.3.
HARNETT COUNTY
NORTH CAROLINA
RESOLUTION I
THAT WHEREAS, Mr. Theron Miller was appointed to the Planning Board in
May, 1966; and "
WHEREAS, Mr. Theron Miller has faithfully served on the Planning Board
since its inception; and
WHEREAS, during Mr. Miller's twenty three years of service he has shown a
conscientious dedication to the citizens of Harnett County; and
WHEREAS, his contributions have been greatly appreciated by the Harnett
County Board of Commissioners as well as ~he entire County.
NOW, THEREFORE, BE IT, RESOLVED BY THE HARNETT COUNTY BOARD OF
COMMISSIONERS, that Theron Miller is hereby commended for his invaluable and
immeasurable service. That a copy of this resolution shall be given to
Theron Miller, a copy spread upon the minutes of the Board and a copy
furnished to,the media.
Duly adopted this 2nd day of January, 1990.
HARNETT COUNTY BOARD OF COMMISSIONERS
~' o~~
Ll d ~ewart, Cht{irman
Attest:
1,~ 'iNo ~"M"
Vanessa W. Young, Cler to thi Board
I
HAR.~A"" COUNTY
DOCUMENT NO.4. NORTH CAROLINA
RESOLUTION NAMING MEMBERS OF THE
AVERASBORO TOIfNSHIP ..w'v.ISM ...'6U."'OPMINT AUTHORITY
THAT WHEREAS, the North Carolina General Assembly did, on the 5th'day of
May, 1987, ratify legislation entitled "An Act to Authorize the Levy of a Room
Occupancy and Tourism Development Tax in Averasboro Township in Harnet~
County"; and
WHEREAS, the Harnett County Board of Commissioners by resolution adopted
on July 6, 1987, did levy the tax therein authorized in Averasboro Township,
Harnett County, North Carolina, effective on the 1st day of September, 1987;
and
WHEREAS, in said resolution so adopted on July 6, 1987, the Harnett
County Board of Commissioners established the Averasbore Township Tourism
Development Authority as provided in the above referenced act of the North
Carolina General Assembly; and
WHEREAS, the Harnett County Board of Commissioners is charged with the
responsibility of appointing the members of such Tourism Development Authority
as prescribed in the above referenced act; and
WHEREAS, the Dunn Area Chamber of Commerce has submitted the names of its
current new president, Mr. Joseph M. Giles, Jr., who replaces Mr. Dwight Snow,
and its new vice president of Economic and Industrial Development, Mr. Abe
Elmore, who replaces Mr. Patrick H. Pope, ,and has recommended their I
appointment to the Authority; and
1l='1\EAS, the Dunn Area Chamber of Commerce has subnitted the names of
Mrs. Sara Titchener for reappointment to the Authority as the representative
of the travel industry; and
WHEREAS, the Dunn Area Chamber of Commerce has submitted the name of Mr.
Lee Tolar for.'u.intment to the Authority, who replaces Mr. Buddy Hinton as
the repre.entative for motel operators.
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners that Mr. Joseph M. Giles, Jr., President of the Dunn Area
Chamber of Commerce, and Mr. Abe Elmore, Vice President of Economic and
Industrial Development of the Dunn Are. Chamber of Commerce, shall be and they
are hereby appointed to serve as ex officio members of said Authority with Mr.
Joseph M. Gile., Jr. de.ignated as Chair for the Authority as set forth in the
above referred act; and that Mrs. Sara Titchener and Mr. Lee Tolar shall be
and are hereby appointed to serve as members of said Authority. .
Duly adopted this 2nd day of January, 1990.
HARNETT COUNTY BOARD OF COMMISSIONERS
101
DOCUMENT NO.5.
HARNETI COONTY
NORm CAROLINA
I RESOLlJ'.rIOB
1o..-...:....BAS, in Horth Carolina the Lead Reqional Orqanizations,
as voluntary orqanizations servinq aunicipal and county
..".rmaents, have established productive \ .,..:.J.nq relationships
vith the cities and counti.s acro.s this state, and
WBBRBAS, aany counties and cities need a.sistance in
pursuinq ecoDOllic and coa.unity develox-nt .'U .rtunities, but
federal ..sist:aDCe in the fom of in~tal ,., , . nues has
been severely curtailed in recent years, and
1IHBRBAS, the 1989 General Assembly recognized this need
throuqh the appropriation of $990,000 to help the Lead R8c1ional
Orvanizations ..sist local 9OV8~nts vith vrant applications,
ecODOm.C deve1opaent, C:~Dlty devel~nt, and to support local
industrial ct.Velo~nt activities and other activiti.s as deemed
ar&-.. "'r.riate by their local gov&rmD8nts, and
WHEREAS, thes. funds are not intended to be used for payment
of -a-r dues or asses_nts to a Lead R8c1ional Orqanization or
to supplant funds arr....r..iated by the ~ govern.ents, and
WHEREAS, in the event that a request is not Dlade by the
County of Barnett for release of the.e funds to our Reqional
Council, the available funds vill ..."...t to the Stat.'s General
Fund, and
WHERBAS, in Kid-Carolina, funds in the amount of $55,000
vill be used for assistinq member qovernaents vi th grant
applications, ecoDOllic clevelopll8nt, cCDaUnity development, and
oth.r activities as deeIDec:l arr.._r..iate by ~r II.' ..rnaents of
Kid-Carolina Council of GovernIIents.
lfOW, THEREPORE BE IT RESOLVED, that the Barnett County Board
I of CaDDissioner. reque.t. the release of its share of these
, funds, $10,657.16, to Mid-Carolina Council of G. ,.....,.....nts at the
earliest pos.ible t~e in accordance vith the provisions of
Chapter 830 of the 1987 Se.sion Laws (BB 1515).
Duly adopted this 2nd day of January, 1990.
HARNETI COUNTY BOARD OF CCUflSSIONERS
DOCUMENT NO.6.
"solution Regarding
Cape ..ear b9iollal .aat_ater Board
(auies Creek-COats Water aDd S...r Diatrlct of Barnett County)
WHEREAS, the Buies Creek-Coats Water and Sewer District of
Harnett County (hereinafter the NDistrictM) has previously entered
into an Agreement with the County of Harnett dated December 18,
1989 relative to the construction and operation of the Cape Fear
Regional Wastewater SystemJ and
WHEREAS, said Agreement was entered into pursuant to
authorization by the Harnett County Board of Commissioners sitting
as the governing body of District, and upon the recommendation of
the Advisory Board for the Buies Creek-Coats Water and Sewer
District of Harnett CountYJ and
WHEREAS, pursuant to the terms of Section XIV of said
Agreement, the District has agreed to cooperate and participate in
tbe establishment of the Cape Fear Regional Wastewater Board
(hereinafter tbe MRegional BoardN); and
I WHEREAS, each governmental unit participating in the Cape Fear
Regional Wastewater System shall have two members &itting on the
Regional Board who shall represent each such unit and be authorized
to cast the vote of such unit on issues coming before the Regional
BoardJ and
WHEREAS, one of the two members of the Regional Board
representing each unit sball be a member of the governing body of
said unit; and
WHEREAS, with respect to the District, such member of the
Regional Board shall be a member of the Harnett County Board of
Commissioners; and
WHEREAS, it is the desire of the Harnett County Board of
Commissioners, sitting as the governing body of the District, to
make provision for the appointment of the second member of said
Regional Board and to insure adequate representation on said
Regional Board for the Town of Coats and the Village of Buies
CreekJ and
-
102
WHEREAS, the Harnett County Board of Commissioners, sitting
as the governing body of the District, now desires to state its
policy with respect to said matters.
.NOW THEREFORE~ BE IT RESOLVED by the Harnett County Board of
Comm~ssioners sitt~ng as the governing body of the Buies Creek-
Coats Water and Sewer District as follows:
1. That in accordance with the aforementioned I
Agreement between the District and the County
of Harnett, one member of the Regional Board
-.-..--- --.---.--- representing the District shall be a member of
the governinq body of the District, to wit:
the Harnett County Board of Commissioners.
2. That the second member of the Regional Board
representing the District shall be an
individual recommended by the Advisory Board
of the Buies Creek-Coats Water and Sewer
District of Harnett County.
3. That a special representative shall be entitled
to accompany the members of the Regional Board
representing the District to meetings thereof
and such special representative shall be
designated by the Advisory Board of the Buies
Creek-Coats Water and Sewer District of Harnett
County.
4. That during meetings of the Regional Board and
at other appropriate times, the members of the
Regional Board representing the District shall
consult with and seek the advice and
recommendations of the designated special
representative.
Duly adopted this 2nd day of January, 1990, upon motion made
by Commissioner Hudson , seconded by Commissioner
Collins , and adopted by the following vote:
Ayes 5 Noes 0 Absent 0 Abstained 0
Buies Creek-Coats Water and
Sewer District of Harnett County I
BY'.~ h4t~
L oyd . Stewart, Chairman,
Harnet County Board of
Commissioners, sitting as
the governing body of the
Buies Creek-Coats Water and
Sewer District of Harnett
County
ATTEST:
/'
1J~ t.(J.}. ~&u~
Vanessa W. Young, ~ erkDto the
Board and of the Buies Creek-
Coats Water and Sewer District
of Harnett County
DOCUMENT NO. 7.
A RESOLUTION AUTHORIZING CONDEMNATION TO ACQUIRE A
CERTAIN EASEMENT AND RIGHT OF WAY OVER AND UPON THE
PROPERTY OF LOUISE BYRD SHEPPARD AND HUSBAND, LYMAN WILSON SHEPPARD
WHEREAS, the governing body of Harnett County (hereinafter
.the County.) hereby determines that it is necessary and in the
public interest to acquire certain property interests owned by I
Louise Byrd Sheppard and husband, Lyman Wilson Sheppard
(hereinafter .OWner.) for the following public purpose: To protect
the public health, to provide the public with an adequate and sound
sewage collection and disposal system, and to improve such system
to meet the need for expanded or upgraded services.
WHEREAS, the proper officials or representatives of the
County have been unable to acquire the needed interest in this
property by negotiated conveyance.
NOW, THEREFORE, BB IT RESOLVED by the governing body of
Harnett County, that:
-~ -~- -~~--.--..,~~
103
l. The County shall acquire by condemnation, for the
purposes stated above, the property and interest described as
follows: A permanent, perpetual easement and right of way to
erect, construct, install and lay a sewage collection pipeline or
I pipelines and appurtenances, including the right to clear and keep
clear all trees, undergrowth and other obstructions from the land
described, and to go upon the land described herein whenever the
same is considered to be reasonable necessary to use, operate,
inspect, repair, maintain, replace, remove, change the size of or
protect said sewage collection pipeline or pipelines, and that in
exercising such rights herein described, the County shall remove
all surplus earth and repair and make level the surface ground and
return said surface to a condition substantially similar as to that
prior to the exercising of said rights, provided that the Owner
shall not build, construct or create, nor permit others to build,
construct or create any buildings or other structures on the land
herein described that would interfere with normal operation and
maintenance of said sewage collection pipeline or pipelines,
together with the right of ingress and e~ess to and from the same
over adjacent lands of the Owner, his successors and assigns for
the purposes herein described, over, under through and across the
land hereinafter described, which land is situated in Stewart's
Creek Township, Harnett County, North Carolina, and more
I particularly described as follows:
Beginning at a point which is the northernmo.t corner
of the tract of which the herein described property is a
part, said point also being at the point of intersection of
the southern margin of the rig~t of way of College Street
and the western margin of the right of way of the Norf~lk
and Southern Railroad, and runs thence from said beginning
point along, with and al the western margin of the railroad
right of way South 30. 53' 16" East 159.88 feet to a point,
corner with the property of Bunnlevel Emergency Services,
Inc. and runs thence along, with and as the line of
Bunnlevel Emergency Services, Inc. South 740 36' 44- West
20.75 feet to a point, and runs thence North 300 53' 16-
West 154.30 feet tp a point in the southern margin of the
right of way of College Street, and runs thence along, with
and as the said right of way margin North 590 01' 22- East
20.00 feet to the point and place of beginning containing
.072 acre and is designated as -20' Utility Easement A- on a
plat entitled "County of Harnett, Bunnlevel-Riverside 20'
Utility Easements- prepared by Ragsdale Consultants, P.A.
dated December 13, 1988.
The above described tract is a portion of that property
described in deed to Elva Byrd Hobbs recorded at Book 256,
page 350, Harnett County Registry, and devised to Louise
Byrd Sheppard and Lyman Wilson Sheppard under the Will of
Elva Byrd Hobbs as set forth in. file 79-E-139 in the office
of the Clerk of Superior Court, Harnett County, North
Carolina.
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2. The Harnett County Public utilities Attorney is directed
to institute the necessary proceedings undar Chapter 40A of the
North Carolina General Statutes to acquire the property herein
I described.
Duly adopted this 2nd day of January, 1990 upon motion made
by Commissioner Collins , seconded.by Commissioner Shaw ,
and adopted by the following vote:
Ayes S Noes 0 Abstained 0 Absent n
Harnett County Board of Commissioners
BY:~ --<:1 ~o
Attest: d', Stewart, Chairman
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,~ 'tv 'V\utd./
Vanessa W. Young, ~rk