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062119821 6? HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, JUNE 21, 1982 1 PRAYER PUBLIC HEARING F.Y. 1982 -83 BUDGET CHANGES IN PRO- POSED BUDGET MESSAGE MR. MCKOY BURR WEBSTER DOROTHY POPE CHAIRMAN ALPHIN LUCI UZZLE HEARING CLOSED GENERAL BUDGET HEARING OPENED REVENUE SHARING The Harnett County Board of Commissioners met in regular session on Monday, June 21, 1982, in the Commissioners Room, County Office Building, Lillington, North Carolina, with the following members present: Lloyd G. Stewart, M. H. Brock, Bill Shaw, Rudy Collins, and Chairman Jesse Alphin presiding. Vanessa W. Young, Clerk to the Board, and Edward H. McCormick, County Attorney, were also present. Edward H. McCormick, County Attorney, led the evening prayer. Chairman Jesse Alphin called the public hearing on Harnett County's budget for the F. Y. 1982 -83 to order at 7:36 p.m. M. H. Brock, County Manager, informed those present that a few changes had been made since the budget message was presented to the Board on June 1, 1982. These changes are as follows: 1. A 3% cost -of- living salary increase for all county employee: 2. $5,000 added in Revenues to Code 10- 348 -23, LSCA Grant 3. Averasboro Fire District added in both revenues and expendi tures in the amount of $40,896 4. Insurance on the three cars used by County employees for travel was added to Central Maintenance, Code 10- 555 -054, i1 the amount of $1,125 5. A vehicle at the cost of $9,500 was deleted from the Sheriff Budget, Code 510 -074 Mr. Brock explained that these changes had been incorporated in the budget ordinance which will be presented to the Board for considerat- ion following the budget hearing. Chairman Alphin asked that anyone who would like to speak on the budget may now feel free to do so. Mr. McKoy from the Anderson Creek area appeared before the Board and stated that he did not feel the people in his community were award they were being taxed at a $.89 rate by the County plus $ .14 for a fire district and now would vote on an increase tax for an ambulance district. He continued to state that he felt the Board was not being trueful when they said the people were being taxed at a $ .89 rate. Burr Webster from the Anderson Creek area appeared before the Board and commended the Commissioners on the excellent services they are providing to the people at a tax rate of only $ .89. Mr. Webster also said that he was glad the Commissioners are going to consider a 3% cost -of- living for the county employees and wished the Board would consider a higher cost -of- living increase because of the steady rise of inflation. Mr. Webster stated that a public hearing was held last week concerning the creation of the Anderson Creek Rescue District, and the people were given ample opportunity to speak concerning their views on this issue. Mr. Webster said that this was a basic service that was desperately needed in the Anderson Creek area and commended the Board for calling for a referendum on August 10 concerning whether or not to create this district. Dorothy Pope, on behalf of the Harnett County Arts Council, appeared before the Board and expressed her appreciation to them for their annual contribution to the Arts Program. Chairman Alphin explained that the Commissioners set only the $ .89 tax levy on the County budget; and that if a special district was created, it was always put to the vote of the people in the proposed district. The citizens made the decision, by voting, on whether or not to tax themselves for the creation of a special district. Luci Uzzle stated, on behalf of the news medica, that any time there was a tax increase to the people by the County either by the Commissioners or through the creation of a special district, it was well covered by the news media, and it was the responsibility of the people to follow the developments of the County. After no one else appeared to speak concerning the budget, Chairman Jesse Alphin closed the public hearing on the County's general budget for the F. Y. 1982 -83 at 7:56 p.m. and opened the public hearing on the County's Revenue Sharing Budget. BUDGET HEARING` CLOSED CALL TO ORDER MINUTES APPROVED M. H. Brock, County Manager, informed those present that the County had appropriated $1,000,000 in revenue sharing funds plus $50,000 for investments on the revenue sharing funds in the F. Y. '1982 -83 budget. No one appeared before the Board to speak on the revenue sharing bud get. Chairman Jesse Alphan closed the public hearing at 7:59 p.m. Chairman' Jesse Alphin called the regular meeting of the Board to order at 8 p.m. The minutes from the Harnett County Board of Commissioners meetings of June 1, 1982, and June`7, 1982, were approved as read.- BUDGET ORDINANCE The following budget consideration: ordinance was presented to the Board for BUDGET ORDINANCE BE IT ORDAINED by the Board of Commissioners of Harnett County, North Carolina:' Section 1. The following amounts are hereby appropriated, in the General Fund for the operation of the county government and its activities for the fiscal year beginning July 1, 1982, and ending June 30, 1983, in accordance with the chart of accounts heretofore established for this county: Governing Body Administration` Elections Finance Tax Department Register of Deeds Public Buildings Sheriff's Department Emergency Management Fire Department` Inspections Central Maintenance Contingency Fund Department of Human Resources Sanitation Landfill Health Department Family Planning Child Health General - Home Health Tuberculosis Control Title III, Chronic Disease Clinic & Administration - WIC Nutrition Education - WIC Coroner Agricultural Extension & Agents Veterans Service Office Social Services Public Assistance Industrial Training Center Center HUD One -on -One Program Parks & Recreation 100,160 Industrial Development Commission 64,032 $ 67,800 63,885 48,399 52,028 198,530 90,244 183,340 889,157 37,047 40,750 84,120 32, 885 35,000 414,834 323,555 356,009 93,712 71,934 126,006 24,115 14,622 32,585 17,279 10,140 89,554 15,939 1,231,618 1,037,160 288,000 99,576 64,476 28,526 Library Ambulance Service Airport Non- Departmental Special Appropriatio 118,207 237,852 103,100 385,000 4,538,837 Section 2. The appropriations to the Board of Education shall be made from any funds which are dedicated to the use of the Schools from general county revenues to the extent necessary. All projects using county money, shall be approved by the Harnett County Board of Commissioners. Section 3. -It is estimated that the following revenues will be available in the General Fund for the fiscal year beginning July 1, 1982, and ending June 30, 1983: Current Year's Property Tax 5,737,125 Prior Year Taxes 160;000 Animal Taxes 9,000 Tax Penalties & Interest- 52,000 Licenses 2,500 Intergovernmental Revenue 2,089,472 69 Other Revenues Fund Balance Appropriated Less Refunds & Releases 3,533,459 139,407 (12,950) 11,710,013 Section 4. The following amounts are hereby appropriated in the Revaluation Fund for the purposes consistent with the revaluing of property in Harnett County beginning July 1, 1982, and ending June 30, 1983: Revaluation Fund 20,000 Section 5. It is estimated that the following revenues will be available in the Revaluation Fund for the fiscal year beginning July 1, 1982, and ending June 30, 1983: Contribution from General Fund 20,000 Section 6. The following amounts are hereby appropriated in the Revenue Sharing Fund for the purpose consistent with Federal Law and Regulations for the fiscal year beginning July 1, 1982, and ending June 30, 1983: Contribution to General Fund 1,050,000 Section 7. It is estimated that the following revenues will be available in the Revenue Sharing Fund for the fiscal year beginning July 1, 1982, and ending June 30, 1983: Interest on Investments Revenue Sharing Grants 50,000 1,000,000 1,050,000 Section 8. There is hereby levied a tax at the rate of Eighty Nine Cents (.89Q) per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 1982, for the purpose of raising the revenue listed as "Current Years Property Taxes" in the General Fund in Section 3 of this ordinance. This rate of tax is based on an estimated total valuation of property for the purpose of taxation $675,000,000 and an estimated collection rate of 95 percent. The estimated rate of collection is based on the prior years collections of approximately 95 percent. Section 9. The Budget Officer is hereby authorized to transfer appropriations within a fund as contained herein under the following conditions: a. He may transfer amounts up to $500 between objects of expenditures within a department with an official report on such transfer at the next regular meeting of the Board of Commissioners. b. He may not transfer between departments of the same fund. c. He may not transfer any amount between funds nor from any contingency appropriation within any fund Section 10. There is hereby levied a tax at the rate of five cents (50) per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 1982, located within the Special Averasboro School District for the raising of revenue for said Special School District. This rate of tax is based on an estimated total valuation of property for the purposes of taxation of $184,904045 and an estimated collection rate of approximately 95 percent. There is appropriated to the Special Averasboro School District the sum of $88,000 for use by the Special School District is such manner and for such expendi- tures as is permitted by law from the proceeds of this tax and any other revenue otherwise accruing to said Special School District. Section 11. There is hereby levied the following tax rated per hundred dollars ($100) valuation of property listed for taxes as of January 1, 1982, located within the Special Fire Districts, for the raising of revenue for said Special Fire Districts, as follows: Anderson Creek Fire District Angier Black River Emergency Ambulance & Rescue, Inc. Black River Fire District Buies Creek Fire District Erwin Fire District Flat Branch Fire District Flatwoods Fire District Grove Fire District Northern Harnett Rescue District Spout Springs Fire District Summerville Fire District Averasboro Fire District Boone Trail Emergency Services, Inc. Fourteen cents 140 Thirteen cents 130 Ten cents 100 Ten cents 100 Seven cents 70 Fifteen cents 150 Fifteen cents 150 Eight cents 8Q Three cents 30 Fifteen cents 150 TThirteen cents 11330 tirteentcents 1500 10 ORDINANCE ACCEPTED FOR STUDY BUDGET AMENDMENT HEALTH DEPARTMENT BUDGET AMENDMENT FAMILY PLANNING Commissjoner'Shaw made' a'motion that the Board accept this ordinance for study and the Chairman of the Board call a special meeting of the Commissioners between now and July 1, 1982, to adopt the F. Y. 1982 -83 budget ordinance. Commissioner Stewart seconded the motion and it carried. Commissioner Brock made a motion that the following budget amendment to the Health Department be approved, Commissioner Stewart seconded the motion and it carried: Code 10-590-002, Salaries and Wages, be decreased by $2,300 Code '10- 590 - 011, - Telephone& Postage, be increased by $1,825 Code 10-590-043, Clinician Fees, be increased by, $475 Commissioner Brock made a motion that the following amendment to the Health Department, Family Planning, be approved. Commis- sioner Stewart seconded the motion and it carried: Code 10- 591 -014, Travel & Meetings, Increased by $405 Code 10.7591-041, Clinician Fees, Decreased by $405 Commissioner Collins moved for the adoption of -the following legal services agreement concerning the Buies Creek -Coats Water and Sewer District of Harnett County., Commissioner Shaw seconded the motion and it carried. HARNETT COUNTY NORTH CAROLINA LEGAL'SERVICES AGREEMENT This agreement made this 21st day of June, 1982 - between Buies Creek` Coats Water and Sewer District of Harnett County hereinafter referred to as "Owners," and Woodall,`McCotmick &''Felmet, P. A., of Harnett County, hereinafter referred to as "Attorney": WHEREAS, Owners have formed a County Water and Sewer District, a "body corporate and politic" in Harnett County, North Carolina, under the provisions of Article 6, Chapter 162A, General Statutes of North! Carolina;: and; WH.EREASH,-..pursuant-toYN.C.G:Si. 162A-89, the Board of`Commissioners Harnett County is the governing body of the District; WHEREAS, the Attorney has agreed to perform all legal services necessary to organize said District under the provisions of said statutes and to perform all other customary legal services necessary to the organization; financing,, construction, and initial operation of a sewer system; and of WHEREAS, this contract is in the form required by Fa,uiiers Home Adminis- tration and has been adapted from FmHA instruction 1942 -A. WITNESSETH: That-for-and in consideration of the mutual covenants and promises'` between the parties hereto, it is hereby agreed: SECTION A - LEGAL SERVICES That the Attorney will-perform such services as are necessary to accomplish the above recited objectives including, but not limited to, the _`following: Supervision' and assistance in the taking of such actions as may be necessary or incidental to cause the Owners to become duly organized and to Le authorized to undertake the proposed system. Furnish advice and assistance to the governing body of the District in connection with (a)'the notice' for and conduct of meetings; (B)-the preparation of minutes of meetings (or review); (c) the preparation and enactment of such resolutions as may be necessary connection with the authorization, financing construction, and initial operation of the system; (d) the preparation of such affidavits; publication notices, ballots, reports, certifications, and other instruments and advice as may be needed in the conduct of such bond elections as may be necessary (e) the preparation and completion of such bonds or other obligations as May be necessary to finance the system; (f) the completion and execution of document for obtaining a loan made or insured or a grant made by the United States of-America, acting through the Fainters Home Administration, in 71 1 U. S. Department of Agriculture; (g) entering into construction contracts; (h) preparation and adoption of By -Laws, Rules and Regu- lations, and rate schedules; (i) such other corporate action as may be necessary in connection with the financing, construction, and initial operation of the system. 3. Review of construction contacts, bid - letting procedure, and surety and contractual bonds in connection therewith. 4. Preparation, negotiation, or review of contract with a city or other source of water supply when necessary. 5. Preparation, where necessary, and review of deeds, easements and other rights -of -way documents, and other instruments for sites for source of water supply, pumping stations, treatment plants, and other facilities necessary to the system and to provide continuous rights -of -way therefor; rendering title opinions with reference thereto; and pro- viding for the recordation thereof. 6. Obtain necessary permits and certificates from county and municipal bodies, from state regulatory agencies, and from other public or pri- vate sources with respect to the approval of the system, the construc- tion and operation thereof, pipeline crossings, and the like. 7. Cooperate with the engineer employed by Owners in connection with preparation of tract sheets, easements and other necessary title documents, construction contracts, water supply contracts, health permits, crossing permits, and other instruments. 8. When applicable, secure assistance of and cooperate with recognized bond counsel in the preparation of the documents necessary for the financing aspects of the system. The Attorney shall pay all bond counsel in perfecting the financing aspects, e.g., assessment proce- dures and completion of documents. Where bond counsel is retained, the Attorney will not be responsible for the preparation and approval of those documents pertaining to the issuance of the Owner's obliga- tions. SECTION B - COMPENSATION 1. Owners will pay to the Attorney, or to the County of Harnett if pre- paid by the County, for professional services rendered in accordance herewith, fees as follows: At the rate approved for the County Attorney of Harnett County, this currently being $40.00 per hour; Said fees to be payable in the following manner and at the following times: To the County to reimburse the County for all fee advanced to organ- ize the District and carry out this contract; directly to the Attorney and as the same shall become due from month to month, when funds become available to the District. Authorized on this the 21st day of June, 1982, by the Board of Commission- ers of Harnett County, the governing Board of the District. Board of Commissioners of Harnett County acting for and in behalf of the Buies Creek -Coats Water and Sewer District of Harnett County By: s/ Jesse Alphin Chairman Harnett County Board of Commissioners WOODALL, McCORMICK & FELMET, P.A. By: s/ E. Marshall Woodall E. Marshall Woodall Vice President and Attorney at Law RESOLUTION RE: BUIES CREEK-COATS WATER & SEWER DISTRICT Marshall WOoda17: appeeKed- before the Board and presented the following resolution relating to the Buies Creek - Coats Water Sewer Project: THAT WHEREAS, the qualified voters of the Buies Creek -Coats Water and Sewer District of Harnett County, North Carolina, did on the 30th day of April, 1982; overwhelmingly, approve the issuance of an "Order Authorizing Two and a Half Million Dollars of Sanitary Sewer Bonds" and WHEREAS, the Board of Commissioners of Harnett County, North Caro,_.: lina, is the governing body of the Buies Creek -Coats Water and Sewer District of Harnett County, North Carolina, and as said governing body should now take necessary steps to proceed with formulation of plans- and actions for the - furnishing -of sewerage collection services to the people of said district; and THAT' WHEREAS; the summary of funding for the, construe t ion of the Buies -Creek -Coats Sewer Collection Project is as follows: Local Share - Clean Water Bonds - FmHA Grant - FmHA Loan (Bond) $. 250,000.00 1,377,500.00 2,429,500.00 1 ;843 ;000:00 Total Funding $5,900,000.00 WHEREAS, the Board of Commissioners for the County - of Harnett did heretofore pass a resolution anticipating that the local share of $250,000,00 would be raised by user fees to be paid in advance of, the construction, and ,WHEREAS,' the $250,000.00 of local share funds is anticipated as needed for the construction of the sewer project and that further the collection of local'share funds is imperative and must be on hand before construction will be- allowed to began (Local share, funds must be used first before loan or grant funds); and WHEREAS, the General Statutes of North Carolina, to wit: North Carolina' General Statute 162A -92, provides that the governing body of the water and sewer district may make special assessment against the benefited property within the district for all or a part of the costs of the construction of the district's facilities and further that it has been made to appear to the County Board of Commissioners that the local share funds for the balance needed for the construction of said sewer project should be fairly and consistently distributed among the various users of the district facilities as authorized by the assessment authority contained in North Carolina General Statute 153A -186; and WHEREAS, the General Statute provides that the project's total costs an assessment roll and confirmation thereof can be made only upon the completion of construction but that the governing board may allow district users to pay said assessment in advance; and WHEREAS, the payment of said assessment in advance by district users will provide the district necessary funds for construction and thereby limit the amount of interest to be incurred, during construction all to the end that such early payment will greatly benefit the district, and the citizens to be served thereby; and WHEREAS, it has been made to- appear to the County Board of Commis- sioners that the establishment of a tap fee in such manner as to give the district users an incentive to pay said anticipated assessments in advance should be established and WHEREAS, other necessary action should be taken relative to said project. NOW, THEREFORE, the Board of Commissioners for the County of Harnet acting as the governing body of the Buies Creek -Coats Water and Sewer District of Harnett County, North Carolina, does hereby resolve as follows: 1.- That as the governing body of said water and sewer district, the Board of Commissioners shall make an assessment on each parcel or `area of, land served or subject to be served by the project within`. the water and sewer district at an equal rate per unit of area served; in'- an amount to be set by the Board of Commissioners when cost of the project -has been determined; 2.: That based upon the preliminary study of, the project, the Board of Commissioners anticipates that the, assessment for residential areas 7a of land to be served shall be approximately $250.00 per unit and the assessment for commercial (as shall be defined) areas of land to be served shall be approximately $500.00 per unit (exact cost needed will not be known until project completion). 3. That as the governing body of said district the Board of Commis- sioners do encourage and request said real estate owners to make payment of their assessment charge in advance. 4. That as the governing body of said district, the Board of Commis- sioners do hereby resolve as follows: (a) That each land owner who shall pay in advance an assessment in the anticipated amount as hereinabove set forth, not later than December 1, 1982, and shall execute an application for district sewer services, shall be entitled to make connection to the district's collection facility without payment of any connection or tap fee. (b) That each land owner who shall pay in advance an assessment in the anticipated amount as hereinabove set forth, not later than January 1, 1983, and shall execute an application for district sewer services, shall be entitled to make connection to the district's collection facility upon the then immediate payment of a connection or tap fee of $25.00 for residential user ($50.00 if commercial user). (c) That each land owner who shall pay in advance an assessment in the anticipated amount as hereinabove set forth, not later than February 1, 1983, and shall execute an application for district sewer services, shall be entitled to make connection to the district's collection facility upon the then immediate payment of a connection or tap fee of $50.00 for residential user ($100.00 if commercial user). (d) That each land owner who shall pay in advance an assessment in the anticipated amount as hereinabove set forth, not later than March 1, 1983, and shall execute an application for district sewer services, shall be entitled to make connection to the district's collection facility upon the then immediate payment of a connection or tap fee of $75.00 for residential user ($150.00 if commercial user). (e) That each land owner who shall pay in advance an assessment in the anticipated amount as hereinabove set forth, not later than April 1, 1983, and shall execute an application for district sewer services, shall be entitled to make connection to the district's collection facility upon the then immediate payment of a connection or tap fee of $100.00 for residential user ($200.00 if commercial user). (f) That each land owner who shall pay in advance an assessment in the anticipated amount as hereinabove set forth, not later than May 1, 1983, and shall execute an application for district sewer services, shall be entitled to make connection to the district's collection facility upon the then immediate payment of a connection or tap fee of $125.00 for residential user ($250.00 if commercial user). (g) That each land owner who shall pay in advance an assessment in the anticipated amount as hereinabove set forth, not later than June 1, 1983, and shall execute an application for district sewer services, shall be entitled to make connection to the district's collection facility upon the then immediate payment of a connection or tap fee of $150.00 for residential user ($300.00 if commercial user). (h) That each land owner who shall pay in advance an assessment in the anticipated amount as hereinabove set forth, not later than July 1, 1983, and shall execute an application for district sewer services, shall be entitled to make connection to the district's collection facility upon the then immediate payment of a connection or tap fee of $175.00 for residential user ($350.00 if commercial user). (i) That each land owner who shall pay in advance an assessment in the anticipated amount as hereinabove set forth, not later than August 1 1983, and shall execute an application for district sewer services, shall be entitled to make connection to the district's collection facility upon the then immediate payment of a connection or tap fee of $200.00 for residential user ($400.00 if commercial user). (j) That each land owner who shall pay in advance an assessment in the anticipated amount as hereinabove set forth, not later than September 1, 1983, and shall execute an application for district sewer services, shall be entitled to make connection to the district's collection facility upon the then immediate payment of a connection or tap fee of $225.00 for residential user ($450.00 if commercial user). 7 4 (k) That each land owner who shall fail to pay an assessment in the anticipated amount as hereinabove set forth, and shall fail to execute an application £ore district sewer services, shall be entitled to make connection to the district's collection facility upon the payment of a connection or tap fee of $250.00 for residential user ($500.00 if commercial user). (1) That each land owner who shall construct a new residential or commercial unit within the district and shall pay an assessment in the antici- pated amount as hereinabove set forth and shall execute an application for dis -_ trict sewer services not later than the date of occupancy of said unit or the completion of the sewer project adjoining said land owner's property, whichever occurs earlier, shall be entitled to make connection to the district's collectia facility without payment of any connection or tap fee, otherwise a full connect - ion or tap fee of $250.00 for residential user ($500.00 if commercial user) shall be payable prior to connection; the County Building inspection department shall properly advise all persons obtaining a building permit for construction within the district. (m) That the Town of Coats Board of Commissioners are hereby request- ed to approve the Buies Creek -Coats sewer project by resolution pursuant to North Carolina General Statute 153A -185. (n) That the County Manager shall cause such action to be taken to determine and designate from.the County Tax records each property owner within the District who shall be benefited by the project and shall proceed to set notice of a public hearing on a preliminary assessment resolution anticipated to be adopted by this Board; and 6. That two paying offices shall be established in the district for the purpose of prospective users to pay assessment charges in advance; that one of said payment offices shall be the Coats Municipal Building, Coats, North Carolina; the second payment office shall be the Northeast Metropolitan Water District Office in Lillingotn, North Carolina. 7. That the Director of the Northeast Metropolitan Water District Office, to wit: Rodney Tart, be and he is hereby designated as. County of Harnett official charged with the receipt of payment of the assessments to be paid by users in advance. Said payments shall be received and accounted for in such manner as directed by the Harnett County Auditor and a record of payments made available to the Harnett County Tax Collector. 8. That the First Citizens Bank $ Trust Company Branch Office in Coats, North Carolina, be and the same is hereby chosen as the Depository of Funds for the Buies Creek -Coats Water and Sewer District of Harnett County, North Carolina, and specifically for the deposit of the advance payment of assess- ment charges; said deposit shall be placed in such account or certificate as shall earn the highest rate of interest paid by said bank, keeping in mind the anticipated need and use of said money at the time of letting of bids for the anticipation construction of the project; said deposits to be supervised and ultimately controlled and accounted for by the Harnett County Auditor. 9. That a citizen advisory council consisting of six members from the District, three (3). to be selected from the Coats Community by the Board of Commissioners for the Town of Coats, North Carolina, and three (3) to be selected by this Board from the Buies Creek community, be and the same is hereby established to advise and recommend courses of action to the County Board of Commissioners as the governing body of this district, on an on -going basis; that one member from each community shall be appointed for a one -year term, that one member from each community shall be appointed for a two -year term, that one member from each community shall be appointed for a three -year term, that hereafter on an annual basis, subsequent members shall be appointed for a three - year term; that from the Buies Creek Community, the following persons be and they are hereby appointed as members of said advisory council, to wit: Leonore Tuck, Robert King, and J. W. Walker; that the term of office of the persons above appointed shall be determined by chance. 10. That the officials of the County of Harnett be and they are hereby authorized to enter into a contract with the law firm of Woodall, McCormick, &, Felmet, P. A. for the rendering of legal services to the district at the rate of compensation heretofore approved by the County Board of Commissioners for the County Attorney, to wit: $40.00 per hour, the term and condition of work to be performed to be established and set forth therein as shall be approved by the Farmer's Home Administration. 11. Passed this the 21st day of June, 1982, by the Board of Commissioners of Harnett County, North Carolina, as the governing body of the Bides Creek- Coats Water and Sewer District of Harnett County, North Carolina. COUNTY OF HARNETT BY:s/ Jesse Alphin Chairman J ACTION CONTRACT: TOWN OF BENSON AND BANNER FIRE DISTRICT Commissioner Collins moved for the adoption of the foregoing resolu- tion, Commissioner Shaw seconded the motion and it carried with a unanimous vote. Edward H. McCormick, County Attorney, appeared before the Board and presented to the Commissioners for consideration a resolution approving a contract for fire protection services with the Town of Benson and the Banner Fire District. Commissioner Alphin moved for th adoption of the following resolution concerning fire protection serv- ices with Banner Fire Department, Commissioner Stewart seconded the motion and it passed with a unanimous vote: RESOLUTION RESOLVED that the contract for fire protection services with the Town of Benson and the Banner Fire District be and the same is hereby approved; that the Chairman, Jesse Alphin, be and he is hereby authorized to execute the same on behalf of the County and that the Clerk, Vanessa W. Young, be and she is hereby authorized to attest to the same and affix the county seal. This the 21st day of June, 1982. NORTH CAROLINA CONTRACT AND AGREEMENT HARNETT COUNTY THIS CONTRACT AND AGREEMENT, Made and entered into this the 21st day of June, 1982, by and between the COUNTY OF HARNETT, party of the first part, also referred to as "County ", and the Town of Benson and The Banner Fire District, partie of the second part, referred collectively as the "Fire Department "; W I T N E S S E T H: THAT, WHEREAS, Chapter 153A, 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 fire protection service by contracting for said service; and WHEREAS, each of the parties of the second part have authority to contract with the County to provide fire protection; and WHEREAS, the County many levy and collect taxes and appropriate said funds for fire protection services of the citizens in the County service district; and WHEREAS, the County desires to grant a contract to the Fire Department to provide fire protection services in the Benson Zone of Averasboro Fire Protection Service District; NOW, THEREFORE, in consideration of the premises and the mutual promises contained herein, the parties hereto contract and agree as follows: 1. The County agrees to pay to the Benson - Banner Fire Department $3,200.00 for fire protection services for the period July 1, 1982, to June 30, 1983, or a prorata portion of that amount for each month this contract remains in effect, this sum of $3,200 being 8.28% of the estimated tax to be collected in the district for the fiscal year 1982 -83. 2. That the fund for payment of fire protection services shall be kept in the same fund for payment of services by the City of Dunn or other legal entities providing fire protection services in the district. 3. That the County shall make equal quarterly payments on or before the 15th day of the month following the end of the quarter to the Benson- Banner Fire Depart- ment for use and benefit of the Fire Department; that the first quarterly payment in the fiscal year 1982 -83 shall be due on or before October 15, 1982. 4. That the Fire Department shall provide the necessary equipment and personnel for furnishing adequate fire protection service for all property located within the Benson Zone of the Averasboro Fire Protection Service District, and it will furnish said fire protection service free of charge to all persons and individuals located in said District in an efficient and professional manner. 5. That upon failure of either party to comply with the terms of this contract the same may be terminated; provided, however, written notice of default must first be given together with a thirty (30) day period in which to cure the default or in which to take reasonable measure to prevent reoccurrence of the default. 6. That nothing contained in this contract shall be construed to prohibit the Fire Department from entering into mutual aid pacts with other groups providing the same or similar services or doing any other act in furtherance of its duties to pro- vide fire protection service to its citizens or citizens served by it; nor shall any requirement stated herein cause theCounty to fie "liable for any acts or obligations-of the Fire Department and its agents and -°:employees. Nothing contained in this contract shall be .construed to restrict the Fire Department from entering into contracts to provide' similar services to other county serv- ice districts or municipalities, provided .however, that such additional contractual relations with other districts or municipalities do not affect the services to the Benson <Zone of ,the Averasboro Fire Protections Service District. The obligation of the Fire Department to respond to calls under this contract shall be subordinate to its duty to furnish and provide fire protection within the boundaries of the district served by it, and the . decision of the Fire Chief of the Fire Department as to whether to respond to such a call shall be final and conclusive. 7. This contract shall be'- automatically renewed -from month to month..: until cancelled or teinunated as;provided for herein. Unless otherwise agreed, the'- quarterly payment shall be one - fourth of the amount determined by multiplying the following percentage times the total estimated tax to be levied on behalf of the Averasboro Fire Protection Service District for a: given fiscal year said percentage shall be determined by dividing the District's total estimated valuation fax district for a given year into the total estimated valuation for the Benson Zone for that year.' IN TESTIMONY WHEREOF, the County 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 it's corporate seal affixed; and the Town of Benson' has caused this instrument to be signed in its name by its Mayor, attested by its Clerk, and its corporate seal hereto affixed, all by order of the respective Boards of the parties duly given, on or about the day and year first above written and by the Banner Fire Protection District Commission, with approval of the Board of Commissioners of Johnston County, on or about the day and year first above written. HARNETT COUNTY BOARD BY: s /Jesse Alphin Chairman TOWN OF BENSON OF COMMISSIONERS; Charles Matthews, Mayor BANNER FIRE PROTECTION SERVICE DISTRICT BY: Jackie E. McLamb, Commissioner Gerald Johnson, Commissioner'' BY: CONTRACT RE: FIRE PROTECTION CITY OF DUNN Edward Dixon, Commissioner Edward H. McCormick, County Attorney, appeared before the Board and presented to the Commissioners for consideration a resolutior approving a contract for fire protection services with the City of Dunn. = Commissioner`Alphin moved for the adoption of the following' resolution concerning fire protection services with the City of Dunn,' Commissioner Brock seconded the motion and it carried with a unanimous vote '-RESOLVED that the contract for fire protection services with the City of Dunn be and the same is hereby approved; that the Chairman, Jesse Alphin. be and he is hereby authorized to execute the same on behalf of the county and that the Clerk, Vanessa W. Young, be and she is hereby authorized to attest to the same and affix the county seal. This the 21st day of June, 1982. NORTH CAROLINA HARNETT COUNTY THIS CONTRACT AND AGREEMENT, Made and entered -into this the 21st day of June, 1982, by and between the COUNTY OF HARNETT ;;Party of the first part, alsa referred to as "County" and the CITY OF DUNN, party of the second part, also referred to as "City"; CONTRACT AND AGREEMENT THAT WHEREAS, Chapter 153A, Article 16, of the North Carolina' General Statutes provides that the Board of Commissioners:of a county may establish 117 a county service district in order to finance, provide, or maintain fire protection service by contracting for said service; and WHEREAS, the party of the second part is a municipal corporation with authority to contract with the County to provide fire protection outside the City as provided for in G. S. 160A -293; and WHEREAS, the County may levy and collect taxes and appropriate said funds for fire protection services of the citizens in the County service district; and WHEREAS, the County desires to grant a contract of sufficient length to enable the City to make long range plans and purchase equipment necessary to serve the district; NOW, THEREFORE, in consideration of the premises and the mutual promises contained herein, the parties hereto contract and agree as follows: 1. The County agrees, subject to the provisions of paragraph 7 below, that it will cause to be assessed or levied a special tax of not to exceed fifteen ($.15) cents per $100.00 valuation of all real and personal property in the Averasboro Fire Protection Service District, and will collect said tax as a part of the ad valorem taxes of the County of Harnett for a minimum period of seven (7) years beginning with fiscal year 1982 -83 and ending on June 30, 1989; said rate shall be set so as to raise at least $38,500.00 for the first year and a sum thereafter sufficient to amortize capital expenditures projected in Exhibit D, "Report on Averasboro Fire Protection District," filed March 29, 1982, with the Clerk to the Board of Commissioners of Harnett County, over a period of six additional years, with an annual interest factor of 12% plus an additional sum in an amount sufficient to reimburse the City for its annual operating and maintenance expenses allocable to the District and for necessary capital reserves after the seventh year; after the seventh year, this contract may be terminated by either party at the end of any fiscal year by giving 180 days written notice of its intent to so terminate to the other party by either certified or registered mail; funds raised in excess of the amount needed in a fiscal year shall be retained in a special account or fund for the District hereinafter referred to and applied to subsequent annual budgets. The provision of this paragraph shall apply during any period of time in which the city serves the entire district. 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 the City by the fifteenth day of the month following the month of collection by the County; that quarterly collections of delinquent taxes shall be remitted by the fifteenth day of the first month after the end of each quarter, provided, how- ever, payments in any fiscal year shall not exceed the amount of the annual payment; 4. That, subject to the Benson Zone of the district being served as pro- vided for in paragraph 7 below, the City shall provde the necessary equipment and personnel for furnishing adequate fire protection service for all property located within the Averasboro Fire Protection Service District, and it will furnish said fire protection service free of charge to all persons and individuals located in said District in an efficient and professional manner. 5. That upon failure of either party to comply with the terms of this contract, the same may be terminated; provided, however, written notice of default must first be given together with thirty (30) days period in which to cure the default or in which to take reasonable measures to prevent reoccurrence of the default. 6. That nothing contained in this contract shall be construed to prohibit the City from entering into mutual aid pacts with other groups providing the same or similar services or doing any other act in furtherance of its duties to provide fire protection service to its citizens; nor shall any requirement stated herein cause the County to be liable for any acts or obligations of the City and it agents and employees. Nothing contained in this contract shall be construed to restrict the City from entering into contracts to provide similar services to other county service districts or municipalities, provided however, that such additional contractual relations with other district or municipalities do not affect the services to Averasboro Fire Protection Ser- vice District. The obligation of the City of Dunn to respond to calls under this contract shall be subordinate to its duty to furnish and provide fire protection within its corporate limits, and the decision of the Fire Chiefs of the City of Dunn as to whether to respond to such a call shall be final and conclusive. 78 RESOLUTION RE: AIRPORT, LEE- SORRELL ACTION 7. If the County elects to contract with the Town of Benson Bunner Fire District or with any other town,- district, or' corporation to provide fire protectior services in the Benson Zone of the fire district as contemplated in Supplemental Report for the'd'istrict dated May 17, 1982, and filed with the Board of Commission - -ers, then it is understood and agreed that the amount to be paid as agreed upon in paragraph 1 and the plan set forth therein shall be modified as follows: said rate shall be set so as to raise $32,275.69 for the first year ($23,475.69 in projected capital expenditures' plus $8, 800.00 in projected operations and mainte- nance expenses) and .a sum thereafter sufficient to amortize capital expenditures at the rate of ,$23,475.69 per year over an additional nine year period plus an additional sum in an amount sufficient to reimburse the city for its annual operating, and maintenance expenses allocable to the Dunn Zone of the District and for necessary reserves after-the tenth year; when the city has recovered its capital investment, whether under the original seven year plan or under the ten year plan, or a combination thereof, this contract may terminated as provided for in paragraph 1 above.. IN TESTIMONY WHEREOF, the - County 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 its corporate seal affixed, and the City has caused this instrument to be signed in its name by its Mayor, attested by its- Clerk -and its corporate seal hereto affixed, all by order of the respective Boards of the, parties duly given, the day and year first above written., CITY OF DUNN HARNETT COUNTY BOARD OFCOMMISSIONERS BY s/ William`_ P. Elmore. BY s/ Jesse Alphin Mayor Chairman Edward H. McCormick, County Attorney, appeared before the Board and presented for consideration the - following resolution concerning just compensation of Airport Property, Lee - Sorrell land: RESOLUTION THAT, WHEREAS, the Board of Commissioners' held a hearing on August 20, 1979, considered the Appraisal Report by the majority members of the Board of Appraisers to the effect that the value of the land taken and the award to the landowners was $261;596, and directed that this award be appealed; and WHEREAS, the Board determined at that _time that the minority appraisal report by Mr. Bobby Wicker placing the value of the taking at $76,535 was just compensation;' and WHEREAS, the sum of $76,535 as deposited in apt time with the Court as by lacy provided; and WHEREAS, the appeal has been tried in the Superior Court and a jury at June 1, 1982, Session of Court determined that the award to the landowners be $94,600; and WHEREAS, the County desires to increase its estimate of just compensation to coincide with the award made by the jury; the should NOW, "THEREFORE, -BE IT RESOLVED by the Board of Commissioners of Harnett County that the Board estimates just compensation for the 34.65 acres of Lee -Sorg land and resulting damages to the remainder to be $94,600 and directs that the County Manager and Auditor deposit - =an` additional $21,332.55 with the Clerk, to apply to the Judgment, this being $18,065 ($94;600 - $76,535) plus an per annum on $18,065 from August 24,;1979, until December 31, 1981, as provided for in Chapter 160A of the General Statutes (now repealed) and at the rate of 8% per annum from January 1, -1982, until June 30, 1982. BE IT FURTHER RESOLVED that a certified dopy of this resolution be filed with the Clerk of Superior Court upon deposit of the sum of $21,332.55 and that this be accomplished on or before June 30, 1982.- el ADOPTED this the 21st day of June, 1982. HARNETT COUNTY BOARD OF COMMISST'ONERS Jesse Alphin Chairman Commissioner Shall. moved for the adoption of the foregoing resolution, Commissioner - Collins- seconded the motion aid it carried with a unanimous vote. 1 AUDIT CONTRACT FOR F. Y. 1982 -83 AWARDED LEASE AGREEMENT REVISED, ROBERTS AVIATION D; WILLIAMSON APPOINTED TO PLANNING BOARD L31Uioynson DAN3-EIS APPOINTED TO DEVELOPMENT COM- MISSION M. H. Brock, County Manager, informed the Board that the County had advertised requesting independent auditors to submit proposals to perform the annual audit for the fiscal year ending June 30, 1982, on the County's financial records. The County received the following three proposals: 1) Letter from John E. Ingraham & Associates, Inc., stating that they chose not to submit a bid; 2) Letter from Giles, West, & Associates, stating that they chose not to submit a bid; and 3) Proposal from Oscar N. Harris & Associates as follows: "Proposal will be based on an hourly rate as set forth below. Following is a detailed breakdown of our proposed charges: Audit of Harnett County Audit of N. E. Metropolitan Water District Fiscal and compliance audit of General Revenue Sharing Funds TOTAL $6,900 2,400 1,600 $10,900 Since the N. E. Metropolitan Water District is now an integral part of the County operations, it must be included as a part of the regular County report this year. Furthermore, a fiscal and compliance audit of the General Revenue Sharing Funds is required by the Federal government every three years, and the last audit was in 1979. Therefore, one will be required this year. Our proposed charges shall not exceed $10,900 except for unfore- seen circumstances which require additional work and for which you would be appraised prior to providing said services. Our rate are as follows: Senior Accountant - CPA Managing Partner Senior Accountant - CPA Partner Junior Accountant - CPA Secretarial Services (typing report) $40.00 per hour 35.00 per hour 20.00 per hour 15.00 per hour" Commissioner Shaw made a motion that the proposal to perform the annual audit for the fiscal year ending June 30, 1982, on the County's financial records be awarded to Oscar N. Harris & Assoc- iates as described above; Commissioner Brock seconded the motion and it carried. A revised Lease Agreement between Roberts Aviation and Harnett County was presented to the Board at its meeting of June 7, 1982, at which time, some questions were raised concerning the operator maintaining a fixed base airport liability insurance policy for only $50,000 for property damage. Bud Roberts, Fixed Base Operato for the Airport, appeared before the Board and stated that even though the contract called for only $50,000, he maintained $300,000. It was the decision of the Board that the property insurance in the Lease Agreement be changed from $50,000 to $300,000, and the corrected lease be brought back to the Commis- sioners. M. H. Brock, County Manager, informed the Commissioners that Guyton Smith had resigned from the Harnett County Development Commissioner because of poor health. Chairman Jesse Alphin recommended that Delmon Williamson, who now serves on the Planning Board, be appointed to serve on the Development Commis- sion because of his knowledge and expertise in this field and that Ray Daniels be appointed to serve on the Planning Board to fill the vacancy created by the transfer of Williamson. Commissioner Shaw made a motion that the aforementioned appointments be approved, Commissioner Collins seconded the motion and it carried. LASATER SUBDIVISION Commissioner Collins made a motion that the Lasater Subdivision APPROVED Plat, Section No. 2, located in Neill's Creek Township be approved; Commissioner Shaw seconded the motion and it carried. SUBDIVISION PLAT SUGGS PROPERTY APPROVED SUBDIVISION PLATS ATKINS & HONEYCUTT NOT APPROVED Commissioner Brock made a motion that the Subdivision Plat which is now the property of Donald L. Suggs and is located adjacent to Manor Hills be approved, Commissioner Shaw seconded the motion and it carried. Clenton Smith, Director of Harnett County Planning & Development Office, also presented two additional subdivision plats. One which is the property of Clyde Atkins, located at the junction of SR 1107, SR 1100, and SR 2014, and the other, the property of Dan Honeycutt, located near Central High School, on SR 1403. The plats had been approved by the Planning Board but had not been executed prior to their presentation to the Board of Commissioners It was the decision of the Board to have these plats fully executed before they are presented or approved by the. Board of Commissioners. Alton Gray, Superintendent with the Harnett County Schools, ap- peared before the Board and made the following supplemental budget request: "The request for supplementary funds is made necessary by (1) a court order - and (2) an alarming increase in the number of school dropouts during 1981 -82. 1. Court Order from U. S.. District Judget F. T.- Dupree, Jr., — Judge Dupree ordered the- Harnett- County Board of Education to pay to the Agrip- paHymes attorneys a'sum -o£ $13,515 for plaintiff's attorney's fees and a sum of $187.28 for expenses for a total of $13,702.2.8.' The Board of Education on June 7, 1982, as required by the Board of Commissioners cut the proposed 1982 -83 school budget by the sum of $ 353,492. School programs for the 1982 -83 school term were cut. All surplus funds from the 1981 -82 school term were used in the cut and no,. funds are left to pay this court order. The Board of Education requests an immediate supplemental allot- ment of $13,702.28 to be made to the Board of Education to pay this court order. 2. Alternative High School -In the past two years a total of 398' students have dropped out of five Harnett County High Schools. Many wanted to continue their education but were unable to because they had to stop school to work full -time for pressing personal or family. money needs. There are many other valid reasons that some mature high school students stopped school. A night school will enable these student to continue school and obtain a high school education. This request for $19,000 is in line for any school program in that it is comparable to what is provided for other school programs. This is a critical need that we have tried to meet for the past two years but removed from the budget due to required budget cuts. In 1980-81 our budget request was cut $337,730. In`.•1981 -82 our budget request was cut $373,076. And this year, as mentioned above, our budget request was cut $353,498. The Board of Education understands the lack of resources has prevented the Commissioners from providing the annual operating funds needed. The Board of Education also understands the many problems and burdens that the Commissioners face with the total budgetary problem. 3. The Board of Education, in, summary, requests an immediate supplemental allotment of $13,702.28 to meet the Court Order. The Board of Education requests the sum of $19,000 to be added to the Education 1982 -83 Budget to provide the much needed alternative high school." Fol- lowing a thorough discussion °of - these two requests, the Commis -° sioners thanked Mr Gray for coming and presenting these requests and stated that they would take them under consideration. ADJOURNMENT There being no further business, -the Harnett County Board of Com missioners meeting of -June 21, 1982, duly adjourned at 10 P.m. irman J Secreta 77%%r .�/ i l A .14 4.41 Clerk `I