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0628198281. HARNETT COUNTY BOARD OF COMMISSIONERS SPECIAL MEETING, JUNE 28, 1982 CALL TO ORDER PRAYER BUDGET ORDINANCE REVISED 2 PERCENT COST -OF- LIVING BUDGET ORDINANCE ADOPTED The Harnett County Board of Commissioners met in special session on Monday, June 28, 1982, in the Commissioners Room, County Office Building, Lillington, North Carolina, with the following members present: M. H. Brock, Lloyd G. Stewart, 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. Chairman Jesse Alphin called the special meeting to order at 6 p.m. Commissioner Bill Shaw led the evening prayer. M. H. Brock, County Manager, informed the Board that the budget ordinance for the F. Y. 1982 -83 as originally presented to the Board on June 21, 1982, had decreased in revenues by $11,000 because Angier -Black River Emergency and Rescue had over - anticipated their revenues from the 13 cents tax levy by this amount. Angier -Black River requested that $65,000 be appropriated in their budget for the F. Y. 1982 -83 rather than $76,000. This alteration constituted the following changes in the budget ordinance as proposed at the mid -month meeting in June: 1) Special Appropriations, reduced -from $4,538,837 to $4,527,837; 2) Other Revenues, reduced from $3,533,459 to $3,522,459; and 3) Total Revenues, reduced from $11,710,013 to $11,699,013. Mr. Brock presented the revised budget ordi- nance to the Board for consideration. Following a discussion of the budget ordinance, Commissioner Stewart made a motion that the employees of Harnett County be given a 2% cost -of- living increase rather than 3% as proposed in the ordinance and that the funds which totals the 1% difference be put in the Contigency Fund to be used by the Board of Commissioners during the F. Y. 1982 -83 to reclassify some employees. Commissioner Shaw seconded the motion and it carried. Commissioner Brock made a motion that the following budget ordinance for the F. Y. 1982 -83 be adopted, Commissioner Shaw seconded the motion and it carried: 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, 1982, 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 Maternal $ Child Health General - Home Health Tuberculosis Control Title III, Chronic Disease Clinic F, Administration - WIC Nutrition Education - WIC Coroner Agriculture Extension $ Agents Veterans Service Office Social Services Public Assistance Industrial Training Center Communications Center HUD One -on -One 67,800 63,057 48,195 51,644 199,154 89,645 182,392 891,958 36,767 40,750 82,608 31,181 44,996 414,834 322,603 353,603 93,037 71,507 125,443 23,909 14,478 32,361 17,144 10,140 88,521 15,837 1,235,794 1,037,160 288,000 98,772 63,969 28,406 Parks $Recreation Industrial Development Commiss Library Ambulance Service Airport Non- Departmental Special Appropriations on 99,944 63,696 117,503' 236,268 103,100 385,000 4,527,837- 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, 1982: Current Year's.Property - Tax 5,737,125 Prior Years Taxes 160,000 Animal Taxes 9,000 Tax Penalties $ Interest 52,000 Licenses 2,500 Intergovernmental Revenue 2,089,472 Other Revenues 3,522,459 Fund Balance 139,407 Less Refunds $;Releases; (12,950) 11,699,013 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 P'und 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 purposes 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, 1982: Interest on Investments Revenue Sharing Grant 50,000 1,000,000 1,050,000 Section 8. There is hereby levied a tax at the rate of Eighty Nine Cents ($9¢). 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 Year 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 ithin 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. appropriations b. He may not transfer between departments of the same fund. c. He may not transfer any amount between appropriation within any fund. funds - nor -from any contingency Section 10. There is hereby levied a tax at the rate of five cents (5 *) per one hundred dollars ($100) valuation of property listed for taxes as of January 1, 1982, located within the Sepcial Averasboro School District for the raising of 83 CHICORA COUNTRY CLUB REQUEST COUNTY TO PART- ICIPATE IN WATER LINE CONSTRUCTION WEATHER EQUIPMENT FOR AIRPORT LEASE AGREEMENT WITH ROBERTS AVIATION 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 $184,904,045 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 in such manner and for such expenditures as is permitted by law from the proceeds of this tax any any other revenue otherwise accruing to said Special School District. Section 11. There is hereby levied the following tax rates 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 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 14¢ $ Rescue, Inc. Thirteen cents 13¢ Ten cents 10¢ Ten cents 10¢ Seven cents 7¢ Fifteen cents 15¢ Fifteen cents 15¢ Eight cents 8¢ Three cents 3¢ Fifteen cents 15¢ Thirteen cents 13¢ Ten cents 10¢ Fifteen cents 15¢ Mr. Mac Hunter representing the residents of Chicora Country Club appeared before the Board and requested the Commissioners to allocate $4,800 to share in the cost of constructing an 8" water line from the Town of Erwin water line to the entrance of the Chicora Country Club. Mr. Hunter explained that the original plans for this project was to install a 6" water line and the funds had been collected based on this proposal. However, after talking with the County Manager, he discovered that the County requires tha an 8" line be used. Mr. Hunter stated that the $4,800 is the estimated cost difference for installing an 8" water line, as required by the County, versus the originally proposed 6" line, and he would like for the County to absorb this difference. Fol- lowing a lengthy discussion, the Board thanked Mr. Hunter for comin and presenting this request and explained that they would have to investigate it further before they could appropriate the $4,800. Commissioner Shaw moved for the adoption of the following resolution authorizing the County to enter into a grant agreement with the N. C. Department of Transportation for the use of State equipment for the Airport; Commissioner Collins seconded the motion and it carried: THAT WHEREAS, the County of Harnett (hereinafter referred to as "Grantee ") has made a formal application to the Department of Transportation (hereinafter referred to as "Department ") for the use of State equipment for the Harnett County Airport; and WHEREAS, a Grant Agreement for the loan of the following named equipment has been approved; one (1) Texas Electronics Model 220 Wind Speed and Directional System with. Meter Console; One (1) Sight Clinometer; One (1) Stop Watch, Balloon Timer; One (1) Instrument Shelter; One (1) Pocket Sling Psychrometer; One (1) Helium Tank Regulator; One (1) Balloon Inflation Kit; One (1) Ceiling Light Projector w /Timer; One (1) Spare Lamb (Ceiling Light); One (1) Box Red Ceiling Balloons (50 /box); and One (1) Black Ceiling Balloons (S0 /box). NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED that the Chairman of the Board of the Grantee be and he hereby is authorized and empowered to enter into a Grant Agreement with the Department as may be necessary to effectuate the aforesaid expressed purpose, thereby binding the Grantee to the fulfillment of its obligation incurred under this resolution and to its agreement under the said Grant Agreement with the Department. Commissioner Brock moved for the adoption of the following lease agreement between the County of Harnett and Roberts Aviation, Inc.; Commissioner Shaw seconded the motion and it carried with a unanimous vote: $4` NORTH CAROLINA'` HARNETT COUNTY THIS LEASE AGREEMENT, Made and entered into by and between the COUNTY'OF HARNETT, a body politic and corporate of the State of North Carolina, hereinafter referred to as "Owner ", and ROBERTS AVIATION, INC., a corporation organized and existing under the laws of the State of North Carolina, hereinafter referred to as "Operator' W _I TN'E'S 5 E T H; WHEREAS, Owner is the owner of an airport which is called Harnett County' Airport and which is in the eastern part of Harnett County, between the Village of Rules Creek and the Town of Erwin, South of S. Highway No 421 and lying between S. R. No 1769 and the Cape Fear; River, about one mile, more or less, west of the Village, of Buies> Creek; and WHEREAS, the Operator desires to lease a. portion of said airport premises, fo purposes hereinafter mentioned, which: portion is described as: follows: All that certain 4.62 tract or parcel of land, containing the existing terminal building; existing apron, and other contiguous areas hereinafter described, located on the Harnett County Airport property; Northwest of and parallel to the Harnett County Airport runway; and southeast of the northwestern boundary of the Airport:property, and a paved state road along said boundary, and more fully described as follows: the uses and Starting at the concrete monument in the northern property line of the Harnett County Airport, a common corner with R. D. Lee property and D. E. Lassiter, Jr;, property, and running thence South 80 deg. 54 min. East 495:69 feet to the BEGINNING point and running thence South 45 deg. East 200 feet to a corner (said corner located North 45 deg. West 350 feet from Station No 42 + 25:5 of the airport runway), thence North 45 deg. East 915 feet to a 'corner; thence North 45 deg. West 200 feet to a corner; thence South 45 deg.' West 165 feet to a corner; thence, North 45 deg.West 125 feet to a corner; thence South 45 deg. West 110 feet to a corner;; thence South 45 deg. East 125 feet to a corner; thence South 45 deg, West 125.5 feet to a corner; thence North 45 deg. West 76.2 feet to a corner, thence South 45 deg. West 60 feet to a corner; thence South 45 deg. East 76.2 feet to a corner (The preceding three calls encompassing the existing terminal: building); thence South 45 deg. West 454.5 feet to the BEGINNING, containing the existing terminal building, existing apron, and other contiguous areas, and containing 4.62 acres, more or less. Said lands are a portion of the airport property shown on a map entitled "Harnett County Airport, Property Map, Exhibit "A" recorded in Plat Cabinet 1, Slide 205, Harnett County Registry. NOW, THEREFORE, for the mutual considerations hereinafter stated, the Owner does hereby demise and lease unto the Operator and the Operator does hereby hire and rent from the Owner all that portion of said Harnett County Airport hereinabove described, all upon the following terms and conditions, to wit 1. Use of Leased Premises by Operator - It is mutually agreed by and between the parties hereto that the leased premises shall be used for the purpose of conducting the business of a Fixed Base Operator with rights as defined and provided for herein, and for no other purpose. The Operator shall have full, quiet, peaceful enjoyment of the premises during the term of this agreement, inclusive to the ingress and egress of the premises, subject only to such rules and regulations adopted by county ordinance for subject aiiport and conditions and limitations as hereinafter specifically stipulated. 2. Petroleum Rights and Duties - The Operator is granted the right' to sell petroleum products for the services of aircraft using said Harnett County Airport. Owner shall furnish the necessary equipment to store and deliver fuel and shall maintain the equipment in satisfactory operating condition. The shall maintain an adequate supply of petroleum products for sale at regular business hours and by call at other than regular business hours. 3. Required Tie Down and Other Related Services - The Operator shall furnish tie down services for all aircraft using the airport and shall be entitled to make all reasonable and necessary charges for tie down and other related services for all aircraft, usual and customary, in the operation of an airport. 4. Permissive Services - The Operator may conduct, but shall not be limited to, the following aeronautical activities, all of which shall be performed in accordance with published minimum standards: sale of aviation petroleum products and related ramp services, aircraft maintenance and repair, aircraft sales, flight instruction, ground instruction, aircraft rental, charter service, rental of tie down space. 5. Use by the Public, Rates, Charges, Etc. - The Operator agrees to operate the leased premises for the use and benefit of the public and to make available to the public on fair and reasonable terms all leased airport facilities and furnish all service on a fair, equal and not unjustly discriminatory basis to all users thereof and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service. The Owner agrees that rates and charges for such activities and services be fixed by the Operator subject to Owner concurrence and approval of such rates and charges as to reason- ableness. All services offered by the Operator shall be performed with promptness and courtesy. 6. Rights Not Exclusive - It is expressly understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of exclusive rights within the meaning of Section 308(a) 85 1 of the Federal Aviation Action if 1958, as amended. 7. Hours of Operation - Except during inclement weather, the Operator agrees to keep the leased airport premises and facilities open to the public during regular business hours. Regular business hours are from 8:00 a.m. to 5:00 p.m., seven days a week when Eastern Standard time is in effect and from 8:00 a. m. until 7:00 p.m. when Daylight Savings times is in effect. 8. Duty to Clean, Etc., by Operator - The Operator shall at all times keep the leased premises clean and free from rubbish, in a neat and presentable manner. The Operator shall supervise the removal of all wrecked, dismantled or junked aircraft from the leased premises. 9. Repairs and Maintenance - The Operator shall make minor repairs and maintenance on the terminal building constructed by Owner, on the lease premises. These minor repairs shall be limited to $100.00 (One Hundred and 00 /100 Dollars) per repair. Owner shall mow all grass on all airport property except the demised premises. 10. Utility Bills - Payment of utility bills shall be as provided in Paragraph No. 20. 11. Insurance - The Operator shall maintain a fixed base airport liability insurance policy in limits of $300,000 (Three Hundred Thousand and 00 /100 Dollars) bodily injury and $300,000.00 (Three Hundred Thousand and 00 /100 Dollars) property damage. This shall indemnify the Owner for all claims brought against it for bodily injury and property damage due to negligent or careless operations by the Operator, and the Operator shall file a copy of this policy with the Owner or shall provide Owner with a current and valid Certificate of Insurance. Owner shall maintain necessary fire, theft and comprehensive insurance to cover its fixed assets. Property owned by Operator shall be insured by it and Owner has no responsibility for any such loss. 12. Term - The term of this lease shall be for a period beginning on November 21, 1982, and lastin4 until June 20, 1983. Upon 60 days notice given by operator to owner prior to June 30, 1983, operator may extend the term of this lease for an additional three years for the consideration provided for in paragraph 20. 13. Other Fixed Base Operators - The terms and conditions of this agreement shall not prevent the Owner from executing leases with other Fixed Base Operators as well as the United States Army, United States Air Force, United States Navy or other federal agencies pertaining to governmental flying in use of Harnett County Airport. 14. Force Majeure - If during this agreement, the United States Government or any governmental agency acquires possession of the premises herein leased by virtue of any laws now in effect or which may become effective during the term of this agreement, then this agreement at the option of the Operator may be terminated or may be suspended for the period the Operator is deprived of the premises, and thereafter the Operator may resume his tenancy and the agreement shall continue until the full term thereof has been enjoyed by the Operator. 15. Alterations, Additions or Improvements - Operator must first obtain the approval of the Owner before making any alterations, additions or improvements to or on the leased premises. 16. Effect of Other Agreements - Operator shall not enter into any transaction which would deprive the Owner of any of the rights and powers necessary to perform all covenants of the Grant Agreements or other obligations under various type agreements. It is understood by the Operator that this lease agree ment is subordinate to the terms and conditions of all deeds and agreements between the Owner and the United States relative to operations, maintenance and control of the airport. 17. Assignment and Subletting - This agreement may not be assigned or sublet by the Operator with- out the prior written consent of the Owner. 18. Breach - Should either party violate any term or provision of this lease, the party not in default may immediately terminate the lease, as provided for in paragraph 23. 19. Discrimination Prohibited - The operator for itself, successors in interest,and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no persons on the grounds of race, color, or national origin shall be excluded from partici- pation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no persons on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the operator shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. The operator itself, successors in interest, and assigns, as a part of the consideration here- of, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this lease for a pur- pose for which a Deaprtment of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the operator shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Deaprtment of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended, That in the event of breach of any of the above nondiscriMination covenants, owner shall have the right to terminate the lease and to re-enter and repossess said land and the facilities there on,and hold the, same as if said lease had never been made or issued. This provision shall not be effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are followed and completed including exercise or expiration of appeal rights. 20. Consideration - Operator, in consideration of its services in establishing and opening the shall not be charged any rent from the time of the formal opening ° of the Harnett County Air- port by Owner for a period of one calendar year, said period to commence on November 21, 1981; however, all telephon bills shall be paid by operator. Por the period beginning November 21, 1982, until June 30, 1983, operator shall pay fifty percent (50 %) of all utility costs of owner related to the demised portion of the premises plus all telephone bills. Payment shall be remitted to the Owner as provided for below. For an extended period July 1, 1983, until June 30, 1982, operator shall pay rent in installments as provided for below in the total sume of $2,600.00 cash plus fifty percent (50 %),of all utility cost to November 21, 1983, and thereafter all utility costs of owner related to the demised portion of the airport premises. For an extended period July 1, 1984, Until June 30, 1985, operator shall pay rent in install- ments as provided for below in the total sume of $3,500.00 cash plus all utility costs of the owner related to the demised` portion of the airport premises. For an extended period July 1, 1985, until June 30, 1986, operator shall pay rent in installments as provided for below in the total sum of $5,000.00 cash plus all utility costs of.the owner related to the demised portion of the airport premises. Payments for utilities shall be made as follows: On or before the 10th day of the month following receipt of a utility bill from the owner for utilities related to the demised premises as provided for above, operator shall remit payment of the amount due to the owner. Installment payments for the case rent ($2,600.00, $3,500,00, and $5,000.00 for the respect- ive three fiscal years of an extended period beginning July 1, 1983, and ending June 30, 1986) shall be made in equal monthly payments beginning on July 10 of each fiscal year See paragraph 12 for operator's option to extend this lease to include this three year period. It is contemplated by the parties that rent payments provided for herein together with other airport income and reimbursements, shall be sufficient to cover county operational expenses related to the airport;.' that upon a showing of financial hardship by the operator, the parties may renegotiate the lease rental payments established for an extended team of this lease. In addition to the consideration recited above, operator shall, during the original term and any extended terms provided for in paragraph 12, serve as the county's agent and oversee the repair and maintenance of the landing field, runways, aprons, taxiways, sewage and water facilities, flood lights, landing lights beacons, control towers, signals and conveniences for flying, landing, takeoffs, including general supervision over the public works employees engaged in maintenance and „repair activities; these expenses when authorized by owner, will be the owners expense.- As further additional consideration for this lease, operator shall during the original term or an extended term as provided for in paragraph 12, serve as the county's agent for the purpose of prohibiting unauthorized aeronautical activities at the airport. 21. Owner /Airport Committee /County Manager /Operator Relationships. Owner has a duly appointed airport committee and a county manager. Operator agrees to deal with the owner through the following channels: first, through the Airport Committee when practicable; second, with the County Manager; and third, with the Board of Commissioners. Alterations, additions or improvement to the airport, to be paid for by the owner, are subject to the limitations and provisions made in the budget ordinance and shall be subject to specific approval by the county manager. 22, Operator /Public Relations; Administrative Review by Airport Committee and Owner. - Any person who excepts or objects to.the Operator's authority to prohibit unauthorized aeronautical activities as provided for in paragraph 20, or, to other action taken by him pursuant to this Lease, may appeal the Operator's decision to the Airport Committee.' The Airport Committee shall set a time for hearing the appeal which time shall be no more than ten (10) days after notice of the dispute is given to it by the aggrieved party or as soon thereafter as is practicable. After a decision is made by the Airport Committee, either the Operator or the other aggrieved party may appeal within ten (10) days thereafter to the Owner. The Owner shall hear the appeal at the first regular meeting of the Board following receipt of a notice of appeal or as soon thereafter as practicable. The Operator's decision on an issue shall be binding until the, time for appealing the Airport Committee's decision has expired or until the Owner makes its decision regarding the matter, whichever first occurs. The Operator is not an agent of the Onwer for any matter except as provided for in paragraph 20 and nothing contained in this document shall be given that interpretation. Operator as a fixed base operator is an independent contractor whose decisions, insofar as they affect the public and are made pursuant to operator's rights under this lease, shall upon application of any person as provided for herein he subject to administrative review by the Owner to determin whether or not federal, state and local laws and regulations' are being followed and enforced by the operator. A failure by the operator to abide by a final administrative order of either the airport' committee or the owner shall be a breach of this lease. The administrative remedy set forth in this lease shall not be exclusive. If the Owner by TAX SHELTER FOR RETIREMENT ordinance adopts either this procedure or an alternate procedure then such ordinance may require exhaustion of administrative remedies before application is made to the Court for relief. A notice shall be sufficient if actually received or given by any method recognized by the North Carolina Rule of Civil Procedure. 23. Termination - For a violation of the provisions of paragraph 19, this lease shall terminate as provided for therein; otherwise, this lease shall terminate upon breach of any other condition of this lease by either party which remains uncured for more than thirty (30) days after written notifi cation of breach by party not in default, immediately upon bankruptcy of the Operator, or upon expiration, whichever first occurs, provided, however, this lease shall terminate immediately upon more than one breach of the same condition in this lease during any twelve month period ending on June 30. Upon termination of the lease, the Operator agrees to immediately vacate said pre- mises. 24. Special Termination Provision - The following described portion of the demised premises may be terminated by the county without cause, upon thirty days notice in writing by regular or certified mail addressed to Roberts Aviation, Inc., P. 0. Box 1246, Buies Creek, North Carolina: Being a 2.13 acre portion of Airport property lying south of the existing terminal building and more particularly described as follows: Starting at the concrete monument in the northern property line of the Harnett County Airport, a common corner with R. D. Lee property and D. E. Lassiter, Jr., property, and running thence South 80 deg. 54 min. East 495.69 feet to the BEGINNING point and running thence South 45 deg. East 200 feet to a corner (said corner located North 45 deg. West 350 feet from Station No. 42 + 25.5 of the airport runway); thence North 45 deg. West 200 feet to a corner; thence South 45 deg. West 465 feet to a corner, and containing 2.13 acres, more or less. Said lands are a portion of the airport property shown on a map entitled "Harnett County Airport, Property Map, Exhibit A" recorded in Plat Cabinet 1, Slide 205, Harnett County Registry. 25. Weather Reporting Equipment - Pursuant to Paragraph 13, Grant Agree- ment between the North Carolina Department of Transportation and the owner, owner delegates to operator the control, custody, care, use and operation of weather reporting equipment on loan to owner and more particularly described in said Grant Agreement; that the terms and conditions in said Grant Agreement are incorporated herein by reference and are binding upon operator, its' agents and employees. EXECUTED IN DUPLICATE, this the 28th day of June, 1982. ROBERTS AVIATION, INC. C. E. Roberts, Jr., President COUNTY OF HARNETT s/ Jesse Alphin Jesse Alphin, Chairman Commissioner Brock moved for the adoption of the following resolution to elect a tax shelter of employees' contributions payable as members of the North Carolina Local Governmental Employees' Retirement System, Commissioner Stewart seconded the motion and it carried: WHEREAS, the 1981 Session (1982 Regular Session) of the North Carolina General Assembly, by a duly ratified bill effective July 1, 1982, enacted North Carolina General Statute 128 -30 (bl), a copy of which is attached hereto, which under the conditions specified therein permits an employer participating in the North Carolina Local Governmental Employees' Retirement System to tax shelter the contributions payable to this System by its employees who are members of this System; and, WHEREAS, this employer is an employer participating in the North Carolina Local Governmental Employees' Retirement System with respect to its eligible employees; and, WHEREAS, this employer deems it desirable to tax shelter the contributions payable by its employees as members of the North Carolina Local Governmental Employees' Retirement System. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF CODM-tIS- SIONERS in regular session, that as of June 28, 1982, the County of Harnett elects pursuant to the provisions of North Carolina General Statute 128 -30 (bl) to pick up and pay to the North Carolina Local Governmental Employees' Retire- ment System the contributions which would be otherwise payable to this System by its employees who are members of this System and to treat in all respects such contributions in the manner specified in said North Carolina General Statute 128 -30 (bl). SUBDIVISION PLATS 'ATKINS CORNER DAN HONEYCUTT PROPERTY HONEYCUTT Subdivision' plats for Atkins Corner and the property of Dan Honeycutt was presented, to the, Board for consideration. Several questions were raised by the Board members as to whether or not the buyer would be'informed by the seller if there were any prob- lems with the lots concerning the location of a subsurface septic tank. Following a lengthy discussion of.this matter, Commissioner Shaw made a motion that, the subdivision plat for Atkins Corner located at the junction of SR 1107, SR'1100, and SR "2014 be approved since it was in compliance with the County's subdivision ordinance. Commissioner Brock seconded the motion and it carried. Commissioner Shaw made a <motion that the subdivision plat which is the property of Dan Honeycutt located in Neill's Creek Township be approved, Commissioner Stewart seconded the motion and it carried. REQUEST FOR $12,500 M. H. Brock, County Manager, informed the Commissioners that FROM HARNETT,PRO- the Harnett Productions Enterprises Advisory Board and the DUCTION Association for Retarded Citizens had submitted a request to the Board by letter asking the Board of Commissioners to allocate $12,500 to the Harnett Production' Enterprises' program to be used for transportation. The Board accepted this request for consideration at a later date. ADJOURNMENT There being no further business, the Harnett County Board of meeting of June 28, 1982, duly adjourned. +. ?U 9 Secretary Ch. % "rma Clerk s :r.n,vV2