07231990
514 HARNETT COUNTY BOARD OF CO~1ISSIONERS' REGULAR MEETING, JULY 23, 1990
The Harnett County Board of Commissioners met in regular session on Monday,
July 23, 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; Vanessa W. Young, Clerk to the Board; and
Kay S. Blanchard, Recording Secretary.
Chairman Stewart called the meeting to order at 7:00 p.m.
Commissioner Smith offered the invocation.
MINUTES APPROVED Commissioner Collins moved for the approval of the minutes of the regular I
meeting, July 2, 1990, the emergency meeting, July 6, 1990, and the special
meeting, July 13, 1990. Commissioner Smith seconded the motion and it passed
with a unanimous vote.
PROPOSAL FROM HUMANE Juli Denning Boyles, President, Humane Society of Harnett County, presented a
SOCIETY proposal from the Humane Society that the County contract with the Humane
Society of Harnett County to provide animal control shelter services for the
County.
PUBLIC HEARING ON Chairman Stewart called to order a public hearing on a C~,,,,.,,....lnity Development
CDBG FOR ECONOMIC Block Grant for Economic Development.
DEVELOPMENT
Tom Meece, Industrial Development Director, briefed the group that the purpose
of the public hearing was to obtain citizen input into the identification of
economic needs and desired economic development activities. The input from
this meeting will be incorporated into the County's consideration of
developing and submitting to the Division of Community Assistance a Community
Development Block Grant Application - Economic Development.
PUBLIC COMMENTS Chairman Stewart opened the meeting for public comments. No comments were
offered and Chairman Stewart closed the public hearing on a Community
Development Block Grant for Economic Development.
PUBLIC HEARINGS RE Carla Stevens, Planning Director, br~efed the group that there would be three
ZONING DISTRICT CHANGES public hearings concerning applications for proposed zoning district changes
and explained the purpose of the public hearings was to obtain public comments
concerning the proposed zoning district changes.
BETTY M. COLLINS Chairman Stewart called to order a public hearing concerning application for
Betty M. Collins and others, from RA-20M Zoning District to RA-30 Zoning I
District, Grove Township, Hwy. 55 and SR 1725, 205 acres. Carla Stephens,
Planning Director, presented the application to the Board. Chairman Stewart
opened the meeting for public comments. The following ~itl~ens provid~d
comments:
l. Joyce Turner, Erwin - for
2. Janice Moore, Rt. 3, Dunn - for
There being no further comments, Chairman Stewart closed the public hearing
concerning zoning change request application for Betty M. Collins and others.
TIMOTHY W. SAWYER Chairman Stewart called to order a public hearing concerning application for
Timothy W. Sawyer, from Commercial Zoning District to RA-30 Zoning District,
Upper Little River Township, SR 1265, 1 acre. Carla Stephens, Planning
Di~ector, presented the application to the Board. Chairman Stewart opened the
meeting for public comments. No comments were offered and Chairman Stewart
closed the public hearing.
THOMAS A. WOMBLE Chairman Stewart called to order a public hearing concerning application for
Thomas A. Womble d/b/a Central Carolina Tire Disposal, from RA-20M Zoning
District to RA-30 Zoninq District, Barbecue Township, SR 1139, 105.22 and 25
acres. Carla Stephens, Planning Director, presented the application to the
Board. Chairman Stewart opened the meeting for public C~"M..ents. The
following citizens provided comments:
1. James Johnson, Attorney for Mr. Womble, Dunn - for
2 . Mr. Kirby, Attorney for Carolina Lakes Property owners - against
3. Steven Brown, Attorney for Carolina Lakes Property owners - against
4. Paul Regea, Buffaloe Lakes - against
5. Bill Brokane, President, Carolina Lakes Property Owners - against I
6. Carter Busea, Carolina Lakes - against
7. Ronald Darr, Carolina Lakes - against
8. Harold Martin, Carolina Lakes - against
9. James Robertson, Rt. 1, Broadway - against
10. Allan Collinson, Rt. 1, Broadway - against
11. Bill Batten, Carolina Lakes - against
12. Esten Betts, Durham - against
13. Mr. Brookhart, Fayetteville - against
14. Pat Felton, Carolina Lakes - against
15. Diane Raney, Rt. 6, Fayetteville - against
16. Almond Fester, Carolina Lakes - against
17. Bill Fowler, Carol~na Lakes - against
18. Harry Picard, Carolina Lakes - against
19. Richard Russ, Engineer who prepared proposed permit, Raleigh
20. Thomas Womble, Applicant - for
21. Richard Lee, tire shredding equipment salesman, S.C.
22. Estine Pace Thomas
23. Dorothy Raney, Carolina Lakes & Buffaloe Lakes
515
There being no further comments, Chairman stewart closed the public hearing.
REQUEST FOR ZONING The Board considered the followlng applications for zoning district change:
DISTRICT CHANGE
1. Betty M. Collins and others - from RA-20M Zoning District to RA-30
BETTY M. COLLINS Zoning District. The Planning Board recommended approval of the
appllcation. Commissioner Hudson moved for the approval of the
zoning district change application requ~~t. C\J/funlsdioner CullIn::;
I seconded the motion and it passed with a unanimous vote.
TIMOTHY W. SAWYER 2. Timothy W. Sawyer - from Commercial Zoning District to RA-30 Zoning
District. The Planning Board recommended approval of the application.
Commissioner Shaw moved for the approval of the zoning district
change application request. Commissioner Collins seconded the motion
and it passed with a unanimous vote.
THOMAS A. WOMBLE 3. Thomas A. Womble d/b/a Central Carolina Tire Disposal - from RA-20M
Zoning District to RA-30 Zoning District. The Planning Board
recommended disapproval of the application. Commissioner Shaw
moved that the zoning district change application request be denied.
Commissioner Hudson seconded the motion and it passed with a
unanimous vote.
Chairman Stewart called to order a public hearing on Road Name Change
application for John C. Griffin, Jr., S.R. 1452, Buckhorn Township, current
road name: Truelove Road, requested name: Austin Road.
PUBLIC HEARING Carla Stephens, Planning Director, briefed the group that the purpose of the
ROAD NAME CHANGE public hearing was to obtain public comments concerning the proposed road name
change. Ms. Stephens presented the application to the Board. Chairman
Stewart opened the meetinq for public comments. The following citizens
provided comments:
1. Ray Horton, Rt. 1, Holly Springs - against
2. Robert Truelove, Rt. 1, Holly Springs - against
3. John C. Griffin, Jr., Rt. 1, Holly Springs - for
There being no further comments, Chairman Stewart closed the public hearing
I concerning application for proposed road name change for John C. Griffin, Jr.
Commissioner Collins moved that the Board delay consideration of the
application for road name change. Commissioner Shaw seconded the motion and
it passed with a unanimous vote.
SUBDIVISION PLAT FOR Carla Stephens, Planning Director, presented for consideration a subdivision
MIRE BRANCH ESTATES, plat for Mire Branch Estates, Section II, 35 lots owned by Billy Glover
SECTION II located on Hwy. 27 in Johnsonville Township, RA-20M Zoning District.
Commissioner Shaw made a motion to approve the subdivision plat after
signature of approval is obtained from the Planning Board and that no
additional subdivision plats come before the Board of Commissioners for
consideration wlthout approval and signature by the Planning Board.
commissioner Hudson seconded the motion and it passed with a unanimous vote.
PUBLIC HEARING RE: Chairman Stewart called to order a public hearing on proposed Ambulance
AMBULANCE SERVICE Service Ordinance. Carla Stephens, Planning Director briefed the group that
ORDINANCE the purpose of the public hearing was to obtain public C...""",ents concerning the
proposed Ambulance Service Ordinance. Chairman Stewart opened the meeting for
public comments. The following citizens provided comments:
1. Jim Osborne, Anderson Creek Area
2. Charles Morley, Benhaven Emergency Services
3. Ed Hardee, Northern Harnett Rescue District
4. Dan Gardner, Harnett County EMS
There being no further comments, Chairman Stewart closed the public hearing.
The Board elected not to consider adoption of the proposed Ambulance Service
Ordinance at this meeting and directed the County Manager to forward the
I proposed Ambulance Service Ordinance to the various rescue district agencies
for their review and comment.
516 ,
PUBLIC HEARING RE: Chairman stewart called to order a public hearing on proposed Solid Waste
SOLID WASTE ~AGEMENT Management Ordinance. Carla Stephens, Planning Director briefed the group
ORDINANCE that the purpose of the public hearing was to obtain public comments
concerning the proposed Solid Waste Management Ordinance. Chairman stewart
opened the meeting for public comments. The following citizen provide
comments:
1. Hal Owen, Rt. 1, Lillington
There beinq no further comments, Cheirmen Stewert closed the public hearinq'lII
SOLID WASTE MANAGEMENT Carla Stephens, Planning Director, presented the proposed Solid Waste
ORDINANCE Ordinance for consideration. commissioner Shaw moved for the adoption of th
Solid Waste Ordinance. Commissioner Hudson seconded the motion and it passed
with a unanimous vote. The ordinance is copied in full in the Harnett County
Ordinance Book 1, page 314 .
RESOLUTION RE: Jerry Blanchard, Transportation and Procurement Director, presented a
LANDFILL EQUIPMENT resolution declaring a special emergency concerning landfill equipment.
Commissioner Hudson moved for the adoption of the resolution and that a
committee consisting of Commissioner Bill Shaw, Dallas Pope, and Jerry
Blanchard be authorized to acquire the required equipment. 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 July 23, 1990, as document
no. 1.
RESOLUTION RE: Jerry Blanchard, Transportation and Procurement Director, presented a
USER FEES SCHEDULE FOR Resolution Amending the County of Harnett Landfill User Fees Schedule.
LANDFILL Commissioner Shaw 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 July 23, 1990, as document
no . 2.
ADDENDUM TO SERVICE Jack Bryan, Social Services Director, presented an addendum to the service
AGREEMENT WITH COST agreement dated August 1, 1988, between Harnett County and Cost Containment,
CONTAINMENT, INC. Inc. for the issuance of food coupons. This addendum continues the projected
annual cost of services at $32,000. Commissioner Hudson made a motion to
approve the addendum. Commissioner Shaw seconded the motion and it passed
with a unanimous vote.
SOCIAL SERVICES BOARD Jack Bryan, Social Services Director, briefed the Board that the Social JII
RECOMMENDS INCREASE IN Services Board voted to recommend an increase in the foster care payment rat
FOSTER CARE PAYMENT RATE from $200.00 per month per child to $250.00 per month per child. This is th
result of the State allowing a higher maximum reimbursable rate. Commissioner
Hudson moved for the approval of the recommended foster care payment rate from
$200.00 per month per child to $250.00 per month per child. Commissioner
Smith seconded the motion and it passed with a unanimous vote.
VANESSA W. YOUNG REAPPOINTED Commissioner Collins moved that Vanessa W. Young be reappointed Finance
FINANCE OFFICER AND CLERK Officer and Clerk to the Board. Commissioner Smith seconded the motion and it
TO THE BOARD passed with a unanimous vote. Chairman Stewart administered the Oath of
Office to Ms. Young. The Oath of Office is copied in full at the end of these
minutes dated July 23, 1990, as document no. 3.
REPORTS The following reports for the month of June were filed with the Board:
Sheriff's Department, Agricultural Extension, Health Department, Planning
Department, Emergency Medical Services, Social Services, Industrial
Development, and Building Inspections.
BUDGET AMENDMENTS Dallas H. Pope, County Manager, requested the following budget amendment for
Public utilities, South Central Phase II, Capital Projects Fund:
Code 60-9014-001 C.K. Andrews Contracting 2,377. increase
60-9014-080 Contingency 2,377 . decrease
Commissioner Smith 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
Public utilities, Northeast, Capital Projects Fund: I
60-9015-001 Construction 1,030,853. increase
60-9015-070 Interest During Construction 49,147. increase
Revenue: 60-3760-001 Loan Proceeds - Northeast 1,080,000. 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
Public Utilities, Northwest Operating, Enterprise Fund:
30-9500-202 Debt Service - Interest 10,088. decrease
Revenue: 30-3970-005 Transfer from Northwest Const. 10,088. decrease
Commissioner Collins moved for the approval of the budget amendment.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
<,
I 517
Dallas H. Pope, County Manager, requested the following budget amendment for
Public Utilities, SCADA, Capital Projects Fund:
60-9017-010 Acquisition/Installation 70,153. increase
60-9017-020 Legal & Administration 1,000. decrease
60-9017-080 Contingency 11,710. increase
Revenue: 60-3912-001 Northwest W&SD-SCADA 15,000. increase
I 60-3912-002 South Central W&SD-SCADA 15,000. increase
60-3912-003 West Central W&SD 15,863. increase
60-3960-000 Loan Proceeds-SCADA 35,000. 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
the Finance Department:
Code 10-4400-074 Capital Outlay-Equipment 1, 500 . increase
Revenue: 10-3990-000 Fund Balance Appropriated 1,500. 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
Anderson Creek Senior Citizens Center:
Code 61-9050-001 Construction 20,000. increase
Revenue: 61-3000-001 Mid-Carolina Council of Gov. 20,000. increase
Commissioner Smith moved for the approval of the budget amendment.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Governing Body:
Code 10-4100-135 Other Appropriations 10,000. increase
Revenue: 10-3990-000 Fund Balance Appropriated 10,000. increase
I 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
Governing Body:
Code 10-4100-045 Contracted Services 16,370. increase
Revenue: 10-3990-000 Fund Balance Appropriated 16,370. increase
Commissioner Collins moved for the approval of the budget amendment.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested the following budget amendment for
Emergency Services Department:
Code 10-5300-036 Uniforms 1,500. increase
Revenue: 10-3990-000 Fund Balance Appropriated 1,500. 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
Mental Health:
Code 10-7900-091 Mental Health 10,000. increase
10-3990-000 Fund Balance Appropriated 10,000. increase
Commissioner Hudson moved for the approval of the budget amendment.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
I RESOLUTION RE: John M. Phelps, II, Public Utilities Attorney, presented a Resolution
LICENSE AGREEMENT WITH Authorizing Execution of License Agreement with Southern Railway Company
SOUTHERN RAILWAY CO. (6-inch water pipeline crossing, S.R. 1100). Commissioner Collins 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 at the end of
these minutes dated July 23, 1990, as document no. 4.
518
SOUTH CENTRAL WATER Chairman stewart called to order a meeting of the Harnett County Board of
AND SEWER DISTRICT Commissioners sitting as the governing body of the South Central Water and
Sewer District of Harnett County.
Commissioner Smith , presented the
following resolution and moved that it be adopted: I
WHEREAS, the bond order hereinafter described has
taken effect and the Board of Commissioners of the County of
Harnett, sitting as the governing body of South Central Water
and Sewer District of Harnett county, desires to borrow money
for the purpose for which bonds are authorized to be issued
by said bond order in anticipation of the receipt of the
proceeds of the sale of said bonds as hereinafter provided;
NOW, THEREFORE,
BE IT RESOLVED by the Board of commissioners of the
County of Harnett, sitting as the governing body of South
Central Water and Sewer District of Harnett County (the
"Issuer"), as follows:
(1) The sum of $191,000 will be borrowed by the
Issuer in anticipation of the receipt of a $191,000 portion
of the proceeds of the sale of bonds authorized to be issued
by the sanitary sewer bond order, adopted by the Board of I
Commissioners of the County of Harnett, sitting as the
governing body of the Issuer, on July 22, 1985, for the
purpose for which said bonds are authorized to be issued.
Negotiable notes, each designated "Sanitary Sewer Bond
Anticipation Note," shall be issued for said sum so borrowed.
(2) Said notes shall be dated August 7, 1990, shall
be payable July 24, 1991 and shall bear interest from their
date at a rate which shall not exceed twelve per centum (12%)
per annum. Such interest shall be payable at the maturity of
the said notes. Each of said notes shall be signed by the
Chairman of the governing body of the Issuer and the Clerk of
the Issuer and the seal of the Issuer shall be affixed to
each of said notes.
(3) The power to fix the rate of interest to be
borne by said notes and to determine the denomination or I
denominations of the notes and the place of payment of the
notes is hereby delegated to the Chairman of the governing
body of the Issuer and Clerk of the Issuer who are hereby
authorized and directed to cause said notes to be prepared
and to execute said notes when they shall have been sold by
the Local Government Commission of North Carolina.
519
(4) The Chairman of the governing body of the Issuer
and Clerk of the Issuer are hereby authorized to make
application to the Local Government Commission of North
Carolina for its approval of said notes in the manner
I prescribed by The Local Government Finance Act. Said Local
Government Commission is hereby requested to sell the notes
in the manner prescribed by said Act. Said notes, when they
shall have been sold by said Commission in the manner
provided by law and when they shall have been executed in the
manner prescribed by this resolution, shall be turned over to
the State Treasurer of the state of North Carolina for
delivery to the purchasers to whom they may be sold by said
commission.
(5) The Issuer covenants to comply with the
provisions of the Internal Revenue Code of 1986, as amended
(the "Code"), as enacted into law to the extent required to
preserve the exclusion from gross income of interest on the
notes for Federal income tax purposes.
(6) The Issuer hereby represents that ( i) the
I proposed notes are not private activity bonds as defined in
the Code and (ii) the Issuer, together with any subordinate
entities or any entities which issue obligations on behalf of
the Issuer, reasonably expects that it will not issue more
than $10,000,000 tax-exempt obligations (other than private
activity bonds) during the current calendar year. In
addition, the Issuer hereby designates the above-mentioned
notes as "qualified tax-exempt obligations" for the purposes
of section 265(b) (3) of the Code.
(7) The power to make any election on behalf of the
Issuer with respect to the arbitrage rebate provisions of the
Code applicable to the notes is hereby delegated to the
Chairman of the governing body and Finance Officer of the
Issuer.
The motion having been duly seconded and the
resolution having been considered, it was adopted by the
I following vote:
AYES: 5
NAYS: 0
There being no further business, the Harnett County Board of Commissioners
sitting as the governing body of South Central Water and Sewer District of
Harnett County duly adjourned. -h~y!~: ~~e Board
~ /';7 ~KI.\'~ j. 0(h'.~A"d
~ d G.'Stewart, Chairman Kay S. anchard, Secretary
520
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.
Commissioner Collins seconded the motion and it passed with a unanimous vote.
AMENDMENT TO BUDGET Dallas H. Pope, County Manager, presented an amendment to the Budget Ordinance
ORDINANCE FOR for F.Y. 90-91 concerning fire and rescue district tax levy. Commissioner I
F.Y. 90-91 RE FIRE AND Smith moved for the adoption of the amendment. Commissioner Shaw seconded the
RESCUE DISTRICT TAX LEVY motion and it passed with a unanimous vote. The Budget Ordinance Amendment is
copied in full at the end of these minutes dated July 23, 1990, as document
no. 5.
CONTRACT RE: Dallas H. Pope, County Manager, presented a contract for aging services
AGING SERVICES provided through the Older Americans Act and State appropriated funds from the
MID-CAROLINA COUNCIL OF North Carolina Division of Aging, between the County of Harnett and the
GOVERNMENTS AREA AGENCY Mid-Carolina Council of Governments Area Agency on Aging in the amount of
ON AGING $30,480. Commissioner Shaw moved for the approval of the contract.
Commissioner Smith seconded the motion and it passed with a unanimous vote.
RESOLUTION RE: Dallas H. Pope, County Manager, presented a resolution regarding the Harnett
SOLID WASTE MANAGEMENT County Solid Waste Management Ordinance. Commissioner Shaw moved for the
ORDINANCE 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 July 23, 1990, as document no. 6.
ADJOURNMENT There being no further business, the Harnett County Board of Commissioners
regular meeting, July 23, 1990, duly adjourned at 11:50 p.m.
~ft /
i/ ,/) LlOYd G. Stewart, Chairman
IG.-.. . / AJa-1u l fYtr!
~ay S. Blanchard, Recording Secretary
~aJ w.~~g'. ~~ Board I
I
DOCUMENT NO. 1 521
STATE OF NORTH CAROLINA,
COUNTY OF HARNETT.
RESOLUTION DECLARING
A SPECIAL EMERGENCY
I THAT WHEREAS, the County of Harnett operates landfills
within the County in which disposition is made of solid waste
collected from throughout the County, and
WHEREAS, the disposition of solid waste is a governmental
function that protects the health and welfare of the citizens and
population of the County, and
WHEREAS, any event which impairs the ability of the County
to discharge such governmental function threatens the health and
welfare of the citizens and population of the County, and
WHEREAS, a 1978 model International TO 20 Bulldozer which is
utilized by the County in connection with its operation of
landfills and the disposition therein of solid waste has failed
in service, and such failure impairs the ability of the County to
dispose of solid waste, and
WHEREAS, the nature of the failure of such bulldozer causes
it to be not feasible to repair said item of equipment in that
the motor has failed and it would require a great deal of time to
repair same, during which period of repair the ability of the
County to perform its governmental function of disposing of solid
I waste would be impaired resulting in a threat to the health and
welfare of the citizens and the population of the County, and
WHEREAS, the cost of repair of said bulldozer would exceed
that which is justified by the value of same at this time, and
WHEREAS, the above set forth circumstances constitute a
special emergency as defined by the laws of the State of North
Carolina and require the County of Harnett forthwith to obtain
replacement equipment for that above described so that the County
may continue to discharge its governmental function and dispose
of solid waste in its landfills in order to protect the health
and welfare of the citizens and population of the County.
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners
of the County of Barnett that a special emergency involving the
health and safety of the people or their property within Harnett
County exists, and the County and its duly authorized agents,
employees and representatives shall be and they are hereby
authorized and directed forthwith to obtain and acquire
replacement equipment for that above described in order that the
County may fulfill its governmental function of disposition of
I solid waste as by law provided.
This 23rd day of July, 1990.
HARNETT COUNTY BOARD OF COMMISSIONERS
~ I' I
By: ,k! /,}~~J
. lo~ G. Stewart, Chairman
Attest:
'\ I
. I tJt-v~ 'VJ, "1,. ~J~
Vanessa w. Yopig, ~erk
U
522 DOCUMENT NO. 2
HARNETT COUNTY
NORTH CAROLINA
RESOLUTION AMENDING THE COUNTY OF HARNETT
IA~u&'......L USER FEES SCHEDULE
THAT WHEREAS, the Harnett County Board of Commissioners adopted the
Landfill User F..s Sch.dul. for the County of Harn.tt on Jun. 18th, 1990,
to become eff.ctiv. July 1, 1990.
WHEREAS, this Board is of the opinion that the am.ndment s.t forth below I
is necessary to insure the cl.ar and .ffici.nt working of the Landfill Us.r
Fees Sch.dule.
NOW, THEREFORE, BE IT RESOLVED that S.ction II. of the Landfill User Fees
Schedule for the County of Harn.tt b. r.vis.d as fol!ows:
II. Where weighing means are not availabl., the following rate schedule
shall apply:
pass.ng.r Car...................................... $ 1.00
Passenger Car & Towed Trailer (singl. axle)........ 3.50
Pickup Truck....................................... 4.50
Pickup Truck & TOw.d Trai!er (single axle)......... 8.00
Single Axle Trailer Only........................... 4.50
Pickup or Car , Towed Trail.r (doubl. axle)........ 9.00
Double Axl. Trail.r Only........................... 6.00
Small Truck (up to 1-ton) Dual Whe.ls.............. 13.50
Medium Dump Truck (ov.r 1-ton) Dual Wh.els......... 25.00
Large Dump Truck (dual axle)....................... 40.00
Tractor Trailer.................................... 125.00
Roll-Off Truck (container boxes):
20 yard....................................... 40.00
30 yard....................................... 50.00
40 yard....................................... 60.00
Compactor Trucks.....$2.S0 per cubic yard of
Rat.d capacity
Unique or irregular v.hicles shal! be subject to field measurement
and charged at a rate of $2.50 p.r cubic yard.
Duly adopted this 23rd day of July, 1990, and to become effective
i.nIlIediately.
HARNETT COUNTY BOARD OF COMMISSIONERS
t2~ b ~ 1
ATTEST: I. . , ./ lLv
-/:..>- '1J.~>--u Lr d 9. stewart, chairman I
Vanessa W. Young, Cle 6
DOCUMENT NO. 3
HARNETT COUNTY
NORTH CAROLINA
OATH OF OFFICE
FINANCE OFFICER AND CLERK TO THE BOARD
I, Vanessa W. Young, do solemnly sw.ar (or affirm) that I will support
and maintain the Constitution and laws of the United states, and the
Constitution and laws of North Carolina not inconsistent therewith, and that
I will faithfully discharge the duties of my office as Financ. Officer and
Clerk to the Board of Harnett County, North Carolina, and that I will not
allow my actions as Finance Officer and Clerk to the Board to be influenced by
p.rsonal or political friendships or obligations. so help me God. I
This the 23rd day of July, 1990.
,r-
~~J).~~
Vanessa W. Young ~ V
I Finane. Officer and Cler to the Board
Sworn to and subscribed be for.
me this 23rd day of July, 1990.
~~ ;; /~'-rJ-J --
I ~ haJrmlll1 -
Harnett County Board of Commissioners
-----.-
DOCUMENT NO. 4 523
RBSOLftIO. A1J'.fJI0llIlIIIG SU:CUTIO. OP
LICDIS AGR~ WITH
S01J'lllZ& RAIL1fA~ COIU'AIIY
(6-inch vater pipeli8e Crc..i8g, .CIIl 1100)
I WHEREAS, the County of Harnett, through its Department of
Public Utilities, pursuant to contract, will operate water
transmission lines in the Northwest Water and Sewer District of
Harnett County; and
WHEREAS, in order to obtain the necessary license to construct
and maintain water transmission lines upon and under rights of way
or properties owned by the Southern Railway Company, it is
necessary for the County of Harnett to enter into the Agreement
attached hereto as Exhibit MAM; and
WHEREAS, the County of Harnett desires to enter into said
Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of
Commissioners that:
1. The County of Harnett is hereby authorized to
and shall enter into the Agreement with
Southern Railway Company attached hereto as
Exhibit "A".
2. The Chairman of the Board of Commissioners and
the Clerk to the Board are hereby authorized
I and directed to execute the said Agreement for
and in behalf of the County of Harnett.
3. The expenditure of the sum of Fifty ($50.00)
Dollars as consideration for said License is
hereby authorized.
Duly adopted this 23rd day of July, 1990, upon motion made by
Commissioner Collins , seconded by Commissioner ~ ,
and passed by the following vote:
Ayes 5 Noes 0 Absent 0 Abstained 0
HARNETT COUNTY BOARD OF COMMISSIONERS,
By'4x,1>7~ ~
ATTEST: ~OYd G. Stewart, Chairman
~'1~.~a.~1
Vanessa W. Young, C erk ~ the
Board
I
524
EXHIBIT A
[T [S AGREED between
SOUTHERN RA[LWAY COMPANY, a VIrgInIa corporatIon, hereInafter styled
Company; and
COUNTY OF HARNETT, a MUnIcIpalIty of government created pursuant to
the laws of the State of North Carolina. actIng by and through Its Board of
CommIssIoners, hereInafter styled LIcensee: I
1. Company grants unto LIcensee, Insofar as Its tItle enables It so
to do, the lIcense, as a personal prIvIlege and not transferable wIthout the
wrItten consent of Company. to construct and ..Intaln a 6-Inch water pIpelIne
encased In a 16-lnch pIpelIne across and under the rIght of way or property
(hereInafter called "property.) of Coepany. at or near Fuquay-VarIna. North
CarolIna. at a poInt 1077.5 feet north of MIlepost 3; the afore..ntloned
InstallatIon, hereInafter called "FacIlity., beIng that IdentIfied and located
substantIally as shown on annexed prInt of drawIng marked ExhIbIt A. dated May
16, 1990 (furnIshed by LIcensee).
LIcensee wIll pay the sum of $50.00 as a consIderatIon for the lIcense hereby
granted. LIcensee further agrees to reImburse Company. upon bIll rendered.
for any and all expenses whIch may be Incurred by Company, resultIng fro. or
In connectIon wIth any such special engIneerIng studIes, fIeld supervIsIon or
flaggIng protectIon as eo.pany may fInd necessary to perform In connectIon
wIth the InstallatIon or maIntenance of saId FacIlIty.
2. LIcensee wIll construct and maIntaIn FacIlIty, at Its expense. In
such manner as wIll not Interfere wIth operatIons of Company or endanger
persons or property of Company. and In accordance wIth (a) plans and
specIfIcatIons (If any) shown on saId prInt and any other specIfIcatIons
reasonably prescrIbed by Company, (b) applIcable regulatIons prescrIbed by
statute or by governmental authorIty, and (c) applIcable specIfIcatIons
adopted by the AmerIcan Rallwaj EngIneerIng AssocIatIon when not In conflIct
with plans. specIfIcatIons or regulatIons mentIoned In (a) and (b) above.
LIcensee shall gIve the DIvIsIon SuperIntendent of Coapany at least 72 hours'
advance notIce of LIcensee's IntentIon to begIn constructIon of saId
FacIlIty. LIcensee will. at Its expense, make such changes In locatIon. grade
or constructIon of FacIlIty, as may be. at any tIme. requIred by Company.
3. Hhenever cathodIc protectIon Is Installed. LIcensee wIll notIfy
Company prIor to Its beIng placed In servIce In order that tests may be
conducted on Company's sIgnal and communIcatIons systems for possIble
Interference . [f saId FacIlIty causes degradatIon of the sIgnal or
communIcatIons facIlItIes of Company. LIcensee. at Its expense, wIll relocate
the cathodIc protectIon and/or provIde such necessary protectIon and/or
correctIve eaulpment as may be necessary to elImInate said Interference to the
satIsfactIon of Company. ThIs provisIon applIes to the exIstIng signal and
communIcatIons eaulpment of Company and to any saId sIgnal or communIcatIons
equipment whIch Company may Install In the future.
4. [f FacilIty endangers or Interferes wIth operatIons of Company,
or If Licensee Is In default hereunder and does not remedy such default or
condition after notIce by Company so to do. thIs lIcense may be revoked by
Company and Licensee shall. at Its expense, upon wrItten notIce by Company.
and In any e"ent upon termInatIon ?' thIs agreement by eIther party as
here \ nafte' pl'o.1 oea. remove Fac III ty from Company's property ard restore sa I d
property to Its conditIon exIsting prIor to constructIon of FacIlIty, If
LIcensee falls to remove FacIlIty. Company may do so at Licensee's expense. I
[f an emergency arIses whIch In Company's judgment requIres ImmedIate repaIrs
to FacIlIty. LIcensee will, upon reauest, do the necessary work. or faIlIng so
to do. Company may make such repairs at LIcensee's expense.
5, SaId FacilIty shall be constructed and maIntaIned at t~e sole
rIsk of LIcensee and Licensee agrees. wIthout regard to neglIgence on the part
of Company or any other corporatIon controllIng. controlled by or under common
control wIth Company, to save Company or any other corporatIon controllIng.
controlled by or under common control wIth Company, wholly harmless from and
agaInst all claims. damages, expenses and lIabIlIty (whether or not such
lIabilIty has been judIcially determIned) for loss of lIfe, personal Injury or
damage to property. resultIng from or In any manner attrIbutable to the
constructIon, maIntenance, use, operatIon or presence of the FacIlIty, or to
the presence of the equIpment or employees of LIcensee, on Company's property.
6. (a) DurIng the perIod of constructIon or any perIod of
maIntenance, repaIr, renewal, removal or relocatIon of the FacIlIty, Licensee
shall Insure the obligatIons assumed In ArtIcle 5 In a manner and wIth a
company satIsfactory to Company and with a combIned sIngle lImIt (bodIly
Injury, death or property damage) of not less than $2,000.000.
(b) [n the event a pipelIne Involves hazardous materIals.
LIcensee shall provIde evIdence of General LIabIlIty Insurance wIth a combIned
sIngle limIt of not less than $2,000,000 throughout the term of the agree..nt.
(c) [f an outsIde contractor Is to construct. maIntaIn. repaIr.
renew. remove or relocate saId FacIlIty on Company's property, then LIcensee.
In additIon to the Insurance provided for In subsectIon (a) hereof, shall
require saId contractor to furnIsh Company with a RaIlroad ProtectIve LIabIlIty
Insurance PolIcy naming Company as the named Insured and Issued to the
contractor, with a combIned single lImIt of $2.000.000 for all damages arIsIng
out of bodIly Injury. death, property damage lIabIlIty and physIcal damage to
property lIabIlIty per occurrence wIth an aggregate lImIt of $6.000.000.
(d) Evidence of such Insurance (CertIfIcate of Insurance for the
General LiabIlIty Insurance poliCY and the orIgInal polIcy of RaIlroad
ProtectIve LIability Insurance) must be furnIshed to and approved by the
DIrector Insurance. Norfolk Southern CorporatIon. 8 North Jefferson Street,
Roanoke. VA 24042-0022. prior 'to occupancy of the Company's property or
commencement of constructIon on Company's property.
7. ThIs agreement shall take effect as of the day
of , 19___. and may be termInated by eIther party hereto
at any time by 60 days' wrItten notIce to the other of such termInatIon.
EXECUTED In duplIcate. each part being an orIgInal, as of the
day of , 19___
SOUTHERN RAILWAY COMPANY. COUNTY OF HARNETT. actIng by and
By through Its Board of CommIssIoners. I
By
Real Estate Manager ChaIrman
County Clerk
525
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DOCUMENT NO. 5
I ~~~-
BE IT RESOLVED, that the Hamett County Budget Ordinance tor the
tiscal year 1990-91 be amended to retlect tax rate changes for tile
tollowing fire or rescue districts,
DISTRICT NEW TAX RATE
Angier-Black River Rescue .07
Averasboro Fire District .04
Benhaven Fire District .08
Benhaven Rescue District .05
Dunn-Averasboro Rescue .04
Spout Springs Fire District .06
Summerville Fire District .10
NOW, THEREFORE, We, The Harnett County Board of Commissioners,
hereby approve the changes in the Harnett County Budget Ordinance as
indicated above, and have made entry of these changes on the ainutes
ot said board, this the 23rd day of July, 1990.
HARNIrrr COUN'l'Y BOARD OF COHHISSIONERS
I BY, 7f'~3 A7 ~~~f-
~h'kir
ATTtO:>>'1" I
~J ~~-"~~ ~ .'-U\~,/
Clerk to the Board ~ t5
526
DOCUMENT NO. 6
HARNETT COUNTY I
NORTH CAROLINA
RESOLUTION REGARDING THE
HARNETT COUNTY SOLID WASTE MANAGEMENT ORDINANCE
Be it resolved that in accordance with the Harnett County Solid Waste
Management Ordinance adopted by the Harnett County Board of Commissioners
on July 23, 1990, that Jerry T. Blanchard is hereby designated as the Harnett
County Solid Waste Director and that a fee structure in the amount of $100 is
hereby established as the fee for the license for solid waste collectors.
Duly adopted this 23rd day of July, 1990.
HARNETT COUNTY BOARD OF COMMISSIONERS
~
' 1 .l/~~~~1
Llo Stewart, Chairman I
ATTEST:
/
c-l(~ '111. '{/ ~^^_~/
Vanessa W. Young, Cle~ 0
I