09201982.121
HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, SEPTEMBER 20, 1982
CALL TO ORDER
PRAYER
MINUTES APPROVED
The Harnett County Board of Commissioners met in regular session
on Monday, September 20, 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 Attor-
ney were also present.
Chairman Jesse Alphin called the meeting to order at 7:45 p.m.
Commissioner M. H. Brock led the evening prayer.
The minutes from the Harnett County Board of Commissioners meeting
of September 7, 1982, wer approved as read.
RESOLUTION: FOUR M. H. Brock, County Manager, presented a resolution to the Board
TRACTS OF LAND SOLD regarding the sale of four tracts of land located in the Town
AT PUBLIC AUCTION of Coats, owned by the County at public auction. Upon motion by
Commissioner Bill Shaw, seconded by Commissioner Rudy Collins
the following resolution was passed with a unanimous vote.
RESOLUTION
As in accordance with B.S. 160A -270 (a), the Harnett County Board of
Commissioners does hereby authorize the County Manager to accept bids on
the following four tracts of land at a public auction to be held on Saturday,
October 23, 1982, at 10 a.m. The sale will be held at the Harnett County
Garage, located on SR 2016 (Prison Camp Road), Lillington, North Carolina.
The County Manager will report the highest bid received on the property to
the Harnett County Board of Commissioners at its meeting on November 1, 1982,
and the Board will accept or reject the bid within 30 days thereafter. A
bid deposit equal to five percent (5%) of the bid will be deposited with
the County Manager on the date of the sale by the highest bidder, and the
balance will be paid in cash to the County of Harnett upon the approval of
the sale by the Board of Commissioners:
FIRST TRACT: (Well Site No.1)
That certain tract or parcel of land known as the Honeycutt Well
Site lot measuring 200 feet by 200 feet and being a portion of the
lands owned by Donald R. Honeycutt and others described by deed
dated October 20, 1954, and recorded in Book 356, Page 279, Harnett
County Registry, said tract or parcel of land being further shown upon
a map of survey entitled "Proposed Street Right of Way and Well Site
Town of Coats, Property of Donald R. Honeycutt ", dated August 23,
1972, prepared by Piedmont Engineering Company of Dunn, North Carolina
and recorded in Map Book 18, Page 12, Harnett County Registry, to
which reference is hereby made and incorporated herein as a part
of this description; said tract or parcel of land being more fully
described by mete and bounds as follows:
BEGINNING at a point in the western margin of the right of way of
a proposed sixty foot street as shown on the aforesaid recorded plat,
said point being located as follows: North 13 degrees 9 degrees
32 minutes East 409.31 feet from the southwest corner of the lands
owned by Donald R. Honeycutt and others described by deed dated
October 20, 1954, and recorded in B -ok 356, Page 279, Harnett County
Registry; and runs thence South 76 degrees 51 minutes West 30 feet
to a point in the center of the aforesaid proposed sixty foot street
right of way thence as the center line of the said proposed sixty
foot street right of way North 13 degrees 9 minutes West 200 feet to
a point; thence North 76 degrees 51 minutes East 200 feet to a point,
a corner with the lands of said Honeycutt; thence South 13 degrees
9 minutes East 200 feet to another point, a corner with the lands of
Honeycutt; thence South 76 degrees 51 minutes West 170 feet to the
point of BEGINNING. For reference, see Book 590, Page 57, Harnett
County Registry.
SECOND TRACT: (Well Site No. 2)
BEGINNING at a corner of the North margin of Lemon Street, located
North 87 degrees 30 minutes West 336.4 feet from the West margin of
Carrie Street, and runs North 87 degrees 30 minutes West with Lemon
Street 200 feet passing juncture of same to corner in swamp thence
North 2 degrees 30 minutes East 200 feet to a corner; thence South
87 degrees 30 minutes East 200 feet to a corner; thence South 2 degrees
30 minutes West 200 feet to the point of Beginning, containing 0.9
acres, more or less, and being the southern well site (also southern
portion of that property) described in that deed dated April 1, 1959,
from Chester T. Hayes, and wife to the Town of Coats and recorded in
Book 387, Page 436, Harnett County REgistry.
THIRD TRACT: (Well Site No. 3)
BEGINNING at a point in the property line of Currin and Dorman, Inc.
and Joemma Denton, said beginning point, being located North 85 degrees
40 minutes West 247 feet from the southeast corner of the 2.8 acre
tract of land known as a part of lot No 9 of the-R. M. Coats Sub
division shown on a plat of survey recorded in Map Book 4, Page 171,
Harnett County Registry, and further described in a deed from Maude
J: Avery,' widow, to Currin and Dorman, Inc., said deed dated December.
12, 1967, and recorded in Book 501, Page 160, Harnett County Registry
said southeast corner being a corner with the lands of Joemma Denton
in the western line of the Quail Ridge Subdivision which is shown
on a plat of survey recorded in Map Book 14, Page 53, Harnett County
Registry and runs thence North 85 degrees 40 minutes West 221 feet
to an iron stake; thence North 6.degrees 25 minutes East 192 feet
to an iron stake, said corner being located South 6 degrees 25 min
utes West 68 feet from the- northwest corner of the aforesaid 2,8
acre tract; thence South 85 degrees 40 minutes East 220.3 feet to an
iron stake; thence South 6 degrees 25 minutes West 192 feet to the
Point of BEGINNING.r For reference, see Book 584, Page 229, Harnett
County Registry.
FOURTH TRACT: (Well Site No. 4)
Being a lot in the Town of- Coats, Grove Township, Harnett County,
North Carolina, containing 1.03 acres, more or less, being located
West of Church Street and being a part of that tractor parcel of
land conveyed to Carlie Stewart from V. R. McGee and wife, Ora B.'`
McGee, by deed dated October 8, 1943, and recorded in Book 287,
Page 334, Harnett County Registry; said lot or parcel of land des-
cribed according to a survey by Piedmont Engineering Company dated
March 14, 1972, as follows: =;
BEGINNING at an iron pipe in the northern line-of the lands owned
by the Coats Junior Order, said iron pipe located West 375 feet from
the center line of Church Street (as measured along the southern line
of Carlie Stewart) and runs thence North 85 degrees 15 minutes
West 200 feet to an iron stake, a new corner with Carlie Stewart's
land in the northern line of the lands. of Coats Junior Order; thence
a new line North 4 degrees 15 minutes East 225 feet to an iron pipe,
a new corner with Carlie Stewart; thence a new line South 85 degrees
15 minutes East 200 feet to an iron pipe, a new corner with Carlie
Stewart; thence South 4 degrees 15 minutes West -225 feet to the
BEGINNING. For reference, see Book 584, Page 121, Harnett County-
Registry.
Adopted by- -the Harnett County Board of Commissioners, this th
Twentieth Day of September, Nineteen Hundred and Eighty -two.
HARNETT COUNTY BOARD OF COMMISSIONERS'_
ATTEST: s/ Jesse Alphin
Jesse Alphin, Chairman
s/ Vanessa W. Young
Vanessa W. Young, Clerk
RESOLUTION SALE .OF Conimissioner Collins made a motion' that the Board adopt the fol'-
SURPLUS' PROPERTY lowing resolution concerning the sale of surplus property. Com-
missioner Shaw seconded the motion and it carried.'
RESOLUTION
THAT, WHEREAS, The property described below has a value less than $5,000;
and
WHEREAS, G.S. 153A -176 and G.S. 160A -270 (b) permits the sale of personal
property at public auction upon expiration of ten days after publication
of the resolution authorizing the sale.
NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONER:
THAT:
A. The following described property be -and it is hereby declared surplus.
B M. H:' Brock, County Manager, be and.he is hereby authorized to sell
the following described property at a public auction to be held on
Saturday, October 23, 1982, beginning at 10 a :m, at the Harnett County
Garage located on SR 2016 (Prison Camp Road),Lillington, North CarolinE
2.
AB Dick - Copier, -Model No. M675, Serial Number 161678.
Wooden Counter
Manual Typewriter, Royal
I "
4. Diazit Tran Eighteen, 372C
5. Remington Typewriter, Electric, Serial Number 1 -17623
6. Desk Lamp
7. Long Wood Table
8. Wook Desk
9. Recordak - Imspection Station
10. Green Swivel Chair
11. Remington 713 Portable Electric Typewriter, Serial #K9319100
12. 1970 Dodge Truck, Serial #D14ABOS135183
13. 1975 Dodge Truck, Serial #D14BE5S098473
14. 1971 Dodge Truck, Serial #D13AE1S380302
15. 1978 Plymouth, Serial #HL41K8F268685
16. 1978 Plymouth, Serial #HL41K8F268686
17. 1978 Plymouth, Serial #HL41K8F268683
18. 1977 Plymouth, Serial #PH41U7D185019
19. 1978 Plymouth, Serial #RL41U8A203612
20. 1979 Chevrolet, Serial #1L69L9S293069
21. 1979 Chevrolet, Serial #1L69L9S293200
22. 1979Chevrolet, Serial #1L69L9S293110
23. 1979 Chevrolet, Serial #1L69L92293078
24. 1978 Plymouth, Serial #HL41K8F268688
25. 1970 Oldsmobile, Serial #366470M139400
26. 1969 Chevrolet, Serial #12439N08274
27. 1968 Triumph, Serial #FD12891L
28. Honda Motorcycle, Vin #MT250- 1027998, Color- Red /Gray
29. Honda Motorcycle, Vin #ZE -754, Color -Red
30. Honda Motorcycle, Vin #XL175- 4001138, Color -Blue
31. Honda Motorcycle, Vin #CB200- 2013099, Color -Black (Frame)
32. Honda Motorcycle, Vin #CB350- 40031454, Color -Black (Frame)
33. Yamaha Motorcycle, Vin #388- 102053, Color- Red /Gray
34. Yamaha Motorcycle, Vin #2X- 6010403, Color- Yellow
35. Yamaha Motorcycle, Vin #1M2- 106918, Color- Yellow
36. Yamaha Motorcycle, Vin #1L9- 20203267, Color- Red /Yellow
37. Suzuki Motorcycle, Vin #TS- 18589948, Color- Gray /Red /Blue
38. Suzuki Motorcycle, Vin #RM80- 36687, Color- Yellow
39. Kawasaki Motorcycle, Vin #MC507304, Color -Green
40. KTM -Baja Motorcycle, Vin #U5406749878, Color -Red
41. Huffy Bicycle, Vin #HA275366, Color- Yellow /Red (Seat)
42. Bicycle, Vin #8680460100, Color- Yellow /Black (Seat)
43. Montg. Ward Bicycle, Color -Gold /White H.B.
44. Kent, Color -Blue
45. Ladies Bicycle, Color -Blue
46. Raven, .25 Cal., Model P -25, Serial Number 482650
47. RG -10, .22 Cal., Rev., Serial #550700
48. Remington, .45 Cal., Model -Auto, Serial #2028848
49. Clerke, .32 Cal., Rev. Model, Serial #852806
50. CDM, .22 Ca., Model -Rev., Serial #039587
51. RG, .22 Cal., Model -Rev., Serial #T654027
52. RG -14, .22 Cal., Model -Rev., Serial #L621900
53. Inter -Arms, .38 Cal., Model -Rev., Serial #379271
54. Japanese, 7.62 Cal., Serial #8602200 -66 -1963
S5. Ruger, 44 Cal., Model -Rev., Serial #397346
56. Rohm, .38 Cal., Model -38S, Serial #FF360430
57. Smith & Wesson, .38 Cal., Serial #17088
58. H & R., .22 Cal., Rev., Serial #N26871
59. Smith & Wesson, .32 Cal., Model -733, Serial #AP82935
6a. RG -7, .22 Cal., Starter, Serial #6322
61. Hawes, .25 Cal., Model -Auto, Serial #126004
62. Excam, .32 Cal., Model -GT32, Serial #C66451
63. Titan, .25 Cal., Model -Auto, Serial #D905226
64. Armi, .32 Cal., Model -GT 32, Serial #C66451
65. Omega, .22 Cal., Serial #63730
66. AG, .25 Cal., Serial #464438
67. Stevens, 12 gauge, Model - DBL -B1 311, Serial # C217897
68. Stevens, 16 gauge, Model - Sgl -B1 940B, Serial #JD -42
69. Winchester, 12 gauge, Model - Sgl -B1 37A, Serial #C738836
70. Revelation, 22 Cal., Model -Sgl -shot 102, Serial #D605477
71. Revelation, 22 Cal., Model-100B, Serial #129331
72. Remington, 22 Cal., Model -514, Serial #OTT
73. Winchester, 22 Cal., Model -67
74. Winchester, 30 Cal., Model -Auto 94, Serial #3966799
75. Remington, 22 Cal., Model -514, Serial #DYY
76. Winchester, 30 Cal., Model -Auto 94, Serial #3862863
77. Marlin, 22 Cal., Model -60, Serial #24499739
78. Sears, 22 Cal., Model -273, Serial #44811
79. Winchester, 22 Cal., Model -255, Serial #112849
80. Winchester, 12 gauge, Model- Sgl -B1 37, Serial #2 3/4
81. Red Homelite Water Pump, Serial #50802731
82. Black Covington, KY Safe
r. 4
83. Gas Mizer 75/R14 Tire
84. Exxon 75/R14 Tire
85. Four (4) Uniroyal FR 78/15 -Tires
86. Goodyear E70/14 Tire with Fenton Mag.
87: Goodyear D78/14 Tire with Chrome Wheel
88. St. Morite Electric Guitar
89. Sears Black & White, T.V., Serial #91576976
90. Zenith Black $ White T.V., Serial #21298
91. AM -FM Stereo Tape Deck w /case, Serial #150289
92. Multimeter TX BU Serial #5975
93. Bag of Assorted Jewelry
94.:-Red:_Box Machinist Tools
95. Pair of Brown Boots Size 81/2
96. Sabre Bowie Knife -
97. Edge Mark Knife
98. Barlow Knife
99. 10" Knife
100. 6" Knife with Yellow Handle
101. Brown Handle Dagger
102. Ohaus Triple Beam Scale with Case
103. Burroughs Adding Machine
104. Bag of Cassette Tapes
105. Yellow Handle Knife
106. Powder Horn
107. Car Jack
108. Black Tool Box with Sockets
109. Brown Ceramic Lamp
110. White Ceramic Hen
111. Box of Assorted Holsters
112. Polaroid 360 Camera
113. Polaroid 320 Camera
114. Polaroid Electronic Flash
115. Royal 660 Electric Typewriter,- Asset Control #510 -1003
116. Royal 660 Electric Typewriter, Asset Control #510 -1004
117. Royal 660 Electric Typewriter, Asset Control #480 -1005
118. 1977 Buick, Serial #4P69Y7H414088
Adopted by the Harnett County Board of Commissioners, this the Twentieth
Day of September, Nlneteen Hundred and Eighty -two.
HARNETT COUNTY BOARD OF COMMISSIONERS
ATTEST: s /Jesse Alphin
Jesse Alphin, Chairman
s /Vanessa W. Young
Vanessa W. Young, Clerk to the Board
RESOLUTION: CONCERN -
ING FAYETTEVILLE Commissioner Shaw made a motion -to adopt the following resolution
URBAN AREA TRANS- authorizing the executioit of the. Memorandum of Understanding
PORTATION Concetning:.Fayetteville•Urban Area: Transportation Program..: The
Memorandum is dulg'filed:'.in the office of the Clerk to the Board.
Commissioner Stewart seconded the motion and it carried.
RESOLUTION
THAT WHEREAS, it is recognized that the proper movement of travel within
and through the Fayetteville urban area is a highly desirable element of a
comprehensive plan for the orderly growth and development of the area; and
WHEREAS, there are a number of governmental jurisdictions within the
Fayetteville urban area which have been authorized implementation and regula-
tory responsibilities for transportation by North Carolina General Statutes;
and
WHEREAS, it is desirable that a coordinated, comprehensive, and cooperative
transportation planning process be maintained in the Fayetteville urban area
-to insure that the transportation system is maintained on an efficient
and economical basis commensurate with the public health, safety, and welfare;
and
WHEREAS, a revised Memorandum of Understanding between the City of Fayette-
ville, Town of Hope Mills, Town of Spring Lake, Fort Bragg, Pope Air Force
Base, County of Cumberland, County of Harnett, and North Carolina Department
of Transportation has been prepared that sets forth the responsibilities and
working arrangements for maintaining a continuing, comprehensive, and coopera-
tive transportation planning process; and
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY
OF HARNETT, NORTH CAROLINA.
That the Memorandum of Understanding between the City of Fayetteville,
Town of Hope Mills, Town of Spring Lake, Fort Bragg, Pope Air Force Base,
1
125
County of Cumberland, County of Harnett, and North Carolina Board of Trans-
portation, Agreement Number 8- 20 -82, be approved and that the Chairman and
County Clerk are hereby directed to execute the Memorandum of Understanding.
AGREEMENT WITH TOWN Commissioner M. H. Brock moved the Board enter into the follow -
OF ERWIN ing Agreement with the Town of Erwin for the construction and
operation of a water line on SR 1775. Commissioner Bill Shaw
seconded the motion and it passed unanimously.
AGREEMENT FOR CONSTRUCTION AND OPERATION
OF WATER LINE
This Contract, made this 20th dat of September, 1982, by and between the
County of Harnett, North Carolina, a body politic, hereinafter referred to as
"County ", party of the first part and Town of Erwin, North Carolina, a muni-
cipal corporation, party of the second part, hereinafter referred to as
"Town ";
W I T N E S S E T H:
THAT, WHEREAS, Town has entered into an agreement with citizens in the
Chicora Country Club area whereby these citizens will advance the cost of
extending a six inch water line from the line built south of Erwin with funds
provided by a 100 percent Department of Housing and Urban Development, Com-
munity Development Grant; and
WHEREAS, the County desires that an eight inch water line be installed
in that area of the County and is willing to pay the difference upon agree-
ment by Town to the terms and conditions, set forth herein; and
WHEREAS, the area to be served is described as follows:
BEGINNING at the western edge of the intersection of N.C.
Highway #82 and Rural Paved Road #1775 and running south
as the western right of way of Rural Paved Road #1775 a
distance of 4,800 feet to the road entering the Chicora
Country Club area.
The water system is to be constructed by Town with funds to be contributed
by County and certain individual residents of County who will benefit by
the extension of the line; and
WHEREAS, County is duly organized and was established pursuant to Chapters
8 and 9 of the North Carolina General Session Laws of 1854 -1855; and
WHEREAS, Town is a duly organized and established municipal corporation
operating under the provisions of Article 1, Chapter 12 of the General
Statutes of the State of North Carolina; and
WHEREAS, Town has agreed to construct the Water Distribution System,
and to perpetually care for, maintain and operate said system, under the
rules and regulations of Town, and with the expressed future rights to be
granted to County to transport water through the system constructed without
charge, additionally County will be allowed to transport water through the
Town system without markup in cost to County; and
WHEREAS, Town has agreed to maintain and operate the system and not
transfer ownership of system without prior written consent of County and to
operate it under the rules and regulations of Town with the water system
being constructed in accordance with Town's specifications; and
WHEREAS, Town presently has a water purchase contract in force which is
adequate to furnish any foreseeable demand brought about by this addition;
and
WHEREAS, the line provided for herein will be attached to a line ori-
ginally extended by contract with Town dated October 17, 1977 and later
extended on February 4, 1982.
Now, Therefore, in consideration of the foregoing and mutual agreements
hereinafter set forth:
A. County Agrees:
1. To pay the difference between the cost of installing a six inch
line and installing an eight inch line for the project, this
being estimated as $4,800.00.
2. That Town shall own the water line, shall have the exclusive
right and obligation to operate and maintain the same in ac-
cordance with rules and regulations applicable to Town and its
citizens, but subject to County rights as hereinafter provided
in paragraph B entitled "Town Agrees ".
B. Town Agrees:
1. To accept the obligation for construction, ownership, mainten-
ance and operation of the Water Distribution System in the
described area and to operate the system under the rules and
regulations of Town for a system built under Town specifications.
2. To not transfer ownership of said system without prior written
consent of County and the offering of said system for sale to
County at an appraised value which shall be replacement cost
less depreciation
c2-6
APPOINTMENT TO
CARDINAL HEALTH
3. To permit County to transport water through said system in des
cribed area at no cost markup by Town to other areas of the
County beyond described area which areas may later require water
service and to which areas Town may elect not to furnish service.
4. To permit County to tap feeder lines off of described system to
serve. other areas beyond described area at no cost other than
actual cost to Town for tap and placement thereof, in event
Town elects not to serve County citizens requesting services in
such other areas, and in such event County shall have exclusive
right to set fees and charges.
S. To permit County to transport through Town water system within
the currently incorporated area of Town its water at no mark
up cost for purpose of serving described area or areas beyond
described area as may eventually be served through said water
line.
6. That County shall be permitted at its option at any time to place
fire hydrants along said line at intervals deemed to be satis-
factory to County, said fire hydrants to be served by water flow-
ing through water system.
7. To permit taps by potential customers for tap fees not to exceed
the customary tap fee for Town at the time plus One Thousand
Dollars for a period of ten years from date of the contract; to
the extent any overage above normal Town tap fee is charged
County, is to receive a pro rata portion of said overage along
with other individuals who originally contributed funds for con -
struction of said line; said pro rata portion shall be equal to
the percentage County's contribution bears to total funds expended
in construction of said water line; further that it is agreed
that at the end of ten years the tap fee to potential customers
wishing to tap on to said line shall be the fee customarily
charged by Town at that time.
IN WITNESS WHEREOF, the parties hereto, acting under authority of their
respective governing bodies, have caused this contract to be duly executed
in two (2) counterparts each of which shall constitute an original,
ATTEST:
s /Vanessa W. Young
Vanessa W. Young
Clerk to the Board
ATTEST:
s /Ramona 0. Warren
Ramona O. Warren
Town Clerk
COUNTY OF HARNETT
BY :s /Jesse Alphin
Jesse Alphin, Chairman
TOWN OF ERWIN
BY:s /Cecil Moore;
Cecil Moore, Mayor
Commissioner Shaw made a motion that Dr, John Mann be appointed
to serve on the Board of Directors for the Cardinal Health Agency.
Commissioner Collins seconded the motion and it carried with a
unanimous vote.
BOARD OF ELECTIONS Virginia Warren, Supervisor of Harnett County Board of Elections
BUDGET AMENDMENT appeared before the Board and requested an amendment to her bud-
get because of additional costs of advertising caused by special
referendum elections. Commissioner Collins made a motion that
the Board of Elections budget, Code 10 -430 -026, be increased by
$400. Commissioner Stewart seconded the motion and the motion
carried unanimously.
MANPOWER Wayne Faircloth, Director of Harnett County Department of Human
BUDGET AMENDMENT Resources /Manpower appeared before the Board and requested an
amendment to his budget. Mr. Faircloth stated that no County
money would be involved. Commissioner Collins made a motion
that the Department of Human Resources /Manpower budget be increase
by $115,142. Commissioner Bill Shaw seconded the motion and it
carried with a unanimous vote.
HEALTH DEPARTMENT Commissioner Brock made a motion to amend the budget of the Health
BUDGET AMENDMENT Department to show a decrease in Code 10- 590 -057, Miscellaneous
Expense, by $900., and an increase in Code 10 -590 -074, Capital
Outlay, by $900. This is to reflect the cost of a truck pur-
chased for the dog warden. Commissioner Shaw seconded the motion
and it carried.
127
AMBULANCE SERVICE
BUDGET AMENDMENT
ANNUAL LIBRARY
REPORT
CABLE TELEVISION
COMMITTEE
Commissioner Collins made a motion that the Ambulance Service
budget be amended to increase Code 10- 640 -074, Capital Outlay,
by $3,006. Mr. Brock explained that according to the minutes
of May 3, 1982, the Board of Commissioners authorized the
purchase of a Repeater System for the Ambulance Service. Com-
missioner Shaw seconded the motion and it carried.
An annual report was presented to the Board by Mrs. Margaret
Randall, County Librarian. Mrs. Randall thanked the Board for
their support of the Library over the years and also gave a
brief history of the Harnett County Library.
M. H. Brock, County Manager, reported to the Commissioners that
the consolidated Cable Television Committee has appointed a
three man Evaluation Committee to consider proposals for a
county -wide Cable T.V. System. He explained that both of these
committees are merely advisory to the various governing boards,
and all decisions concerning the granting of franchises within
any county or town will be made by the governing board of that
entity. Mr. Brock stated that there is currently interest on
the part of several companies, and the Evaluation Committee's
recommendation to the various governing boards will be made
quickly.
Under the terms of the CATV franchise methods ordinances of the
County and all towns involved, applications for franchises can
be made at any time to the governing Boards and franchises
are to be granted on a nonexclusive basis. The following sche-
dule for delivery of CATV services to the citizens of the
towns and County has been established.
1. Evaluation Committee to receive and evaluate CATV
proposals. September 20- 30,1982.
2. Evaluation Committee to provide the towns and County
with recommended best CATV proposal. October 1 -4, 1982
*3. Towns and County Boards to issue ordinances granting
one or more Cable Television franchises if they deem
advisable. October 4 -31, 1982
* All franchises to be issued with an effective date
of November 1, 1982.
* *4. Franchise acceptance period for Cable Television Co.
November 1 - December 30, 1982
* *5. Required construction start date for construction.
January 3, 1982
* *6. Completion of construction as set forth in applicant's
proposal but not to exceed time set out in methods
ordinances.
* *Of course, any company can commence construction
immediately upon acceptance of the franchise award
by filing acknowledged acceptance, posting construc-
tion bond, and filing proofs of insurance as required
by the various methods ordinances of the County and
towns.
Mr. Brock informed the Commissioners that the following Cable
Television companies have contacted the Evaluation Committee
and indicated interest in providing a CATV service to the
County and all towns:
1. Univision, Inc.
2. Eastern Carolina Cablevision
3. Compass Corporation /Carolina Microtech, Inc.
4. Dowden & Associates
BENHAVEN EMERGENCY Burr Webster appeared before the Board and presented the follow -
SERVICE, INC. ing Contract and Agreement between the County of Harnett and
Benhaven Emergency Service, Inc.
CONTRACT AND AGREEMENT
THIS CONTRACT AND AGREEMENT, Made and entered into this the 20th day of
September, 1982, by and between the COUNTY OF HARNETT, party of the first
part, also referred to as County, and BENHAVEN EMERGENCY SERVICES, INC.,
party of the second part, also referred to as Department or Corporation;
W I T N E S S E T H:
THAT WHEREAS, N.C.G.S. 69 -25.5 and other applicable provisions of law
provide that counties may provide for fire protection and rescue services
in fire and rescue districts by contracting with any incorporated nonpro-
fit volunteer or community emergency service department; and
128
WHEREAS, the new N.C.G.S. "159 -13 (a) (8), which became effective July 1,
1973, provides that the budget ordinance "may be in any form that the Board
(of Commissioners of Harnett County)" deems most efficient in enabling it to
make the fiscal policy decisions embodied therein, but it shall be so organ-
ized that the accounting system will show appropriations and revenues by line
items` within at least the following funds::..(8)a fund for each special dis-
trict whose taxes are collected by..." the county of Harnett;, and
WHEREAS, the party of the second part is a nonprofit corporation organ-
ized for the providing of fire protection and rescue service and
WHEREAS, it serves special tax districts created 'by a vote of the peo-
ple; and
WHEREAS, it is desirous to make application to the United States of
America, acting through the Farmers Home Administration, United States
Department of Agriculture, hereinafter referred to as the Farmers Home Ad-
ministration for a loan in the amount of Three Hundred Fifteen Thousand
Dollars ($315,000.00) and
WHEREAS, the County of Harnett levies and collects the taxes and is
responsible for appropriating said funds for the use and benefit of the
citizens in the subject service districts; and
WHEREAS, the County desires to grant a long-term contract to enable
party of the second part to make long -range plans; and
WHEREAS, the County desires to standardize all its arrangements with
fire protection and rescue providers in the County;
NOW, THEREFORE, in consideration of the premises and the consideration
of TEN DOLLARS to each by the other in hand paid, the parties hereto con
tract and agree as follows:
1. The party of the first part contracts and agrees that it will cause
to be assessed or levied a-special ' tax of up to fifteen cents for fire
protection and five cents for rescue services per one hundred dollar valua-
tion of all real and personal property in the respective Barbecue fire
and rescue districts unless otherwise limited by law and /or vote of the peo-
ple; and will collect said tax as a part of the ad valorem taxes of the County
of Harnett; provided, however, beginning with the fiscal year 1984 -1985 the
amount levied annually shall be based on the needs projected in the budget
estimate submitted by the Department to the County and approved by the County
Commissioners:
2. That a special or separate fund shall be maintained by the County
for funds collected as a result of said special taxes.
3. That current taxes, as they are collected by the County, shall be
to Benhaven Emergency Services, Inc., by the day of each month or
as follows:
that delinquent taxes shall be remitted quarterly.
4. The party of the second part shall provide the necessary equipment
and personnel for furnishing adequate fire protection and rescue services
as determined by the North Carolina Department of Insurance, Fire and Rescue
Service Division, for all property located within the subject special service
districts, and it will furnish said fire protection and rescue service free of
charge to all persons and individuals located in said respective Districts
in an efficient and workmanlike manner.
5. , That all funds paid to the party of the second part by the party of
the first part shall be used exclusively to provide fire protection and rescue
service within such respective districts, and to pay other legitimate fire
protection and rescue service expenses including principal and interest on
the aforementioned loan made by the Farmers Home Administration.
6. It is, agreed that the party of the first part may inspect all books
and accounts for the party of the second part at any time that it shall
desire; it is further agreed that the Department will present to the County
Commissioners an annual audit, by a C.P.A. which audit shall be in conformity
with existing audit policies of the County.
7. The, party of the second part agrees to comply with County budgeting
procedures and other procedures provided for by State Law and agrees to
submit budget estimates to the Board of Commissioners on the standard forms
used by county departments; the party of the second part also agrees to
use standard line items for accounting devised or consented to by the County
Accountant from time to time.
8. This contract shall expire on the 1st day of January, 2008.
9. The party of the second part further agrees to file with the County
Auditor a true copy of the Articles of Incorporation, existing Bylaws and any
changes made thereto from time to time; further, the party of the second
part agrees to adopt bylaws which meet all minimum legal requirements and
which bylaws, in addition thereto, have reasonable provisions enabling citi-
zens of the community to participate in the affairs of the corporation at
least an annual meeting and vesting in a Board of Directors the authority
to manage the affairs of the corporation without a vote of the membership
to the extent permi-ted by N,; C.G.S. SSA, the North Carolina Nonprofit Cor-
poration Act.
IN TESTIMONY WHEREOF, the party of the first part has caused this instru-
ment to be executed by the Chairman of the Board of County Commissioners
and attested by the Clerk of the County Board of Commissioners, and the
party-of the second part has caused this instrument to be signed in its name
by its president, attested by its Secretary, and its corporate seal hereto
affixed, all by order of its Board of Directors duly given.
128
MOTION
ATTEST:
HARNETT COUNTY BOARD OF COMMISSIONERS
BY:s /Jesse Alphin
(Chairman)
s/ Vanessa W. Young
(Clerk)
BENHAVEN EMERGENCY SERVICES, INC.
BY: s /James Waldo Dodson
(President)
ATTEST:
s/ Miriam P. Taylor
(Secretary)
Commissioner Stewart made a motion that the Board enter into
the foregoing Contract and Agreement. Commissioner Shaw seconded
the motion and it carried.
ANDERSON CREEK Burr Webster also appeared before the Board and gave a progress
RESCUE PROGRESS report concerning the establishment of the Anderson Creek
REPORT Township Rescue. Mr. Webster stated that the Articles for the
new district have been recorded by the Register of Deeds, fund
raisers have been held, and the Anderson Creek Fire Department
gave the District $1,000, which will be returned if the Dis-
trict is not successful. The Anderson Creek Fire Department
also agreed to transfer its ambulance to the Anderson Creek
Township Rescue. This ambulance was obtained by the County
through the Governor's Highway Safety Program for use by Ander-
son Creek. Mr. Webster requested that the County convey the
title to this 1977 Dodge ambulance, Serial #B3BF7X082423, to
the new District. Following a discussion of this matter,
Chairman Alphin appointed a committee consisting of M. H. Brock,
Bill Shaw and Edward H. McCormick to study this request and
bring its recommendation back to the Board. The Board com-
mended Burr Webster on his efforts and contributions he has
made towards the betterment of Western Harnett County.
BENHAVEN EMERGENCY
SERVICES AMBULANCE
GRANT AMENDMENT
ADAP -01
M. H. Brock, County Manager, informed the Commissioners that the
County now has a Dodge Ambulance, Serial #B35BF7X134163, which
has several thousand miles on it. Mr. Brock explained that
the vehicle is not capable of meeting the demands required
by the Harnett County Ambulance Service but would be an excellent
vehicle to be used by the Benhaven Emergency Services, Inc.
for training purposes. Commissioner Brock made a motion that
this 1977 Dodge ambulance and the equipment in it excluding
the radio bg conveyed to the Banhaven Emergency Services, Inc.
Commissioner Stewart seconded the motion and it carried.
Commissioner Collins made a motion to adopt the following
resolution approving a Grant Amendment to ADAP -01. Commissioner
Stewart seconded the motion and it carried.
RESOLUTION
WHEREAS, The County of Harnett entered into a grant agreement with the
Federal Aviation Administration on September 18, 1982 to receive the
maximum obligation from the United States of $270,000 for Project No.
5 -37- 0088 -01, Harnett County Airport; and
WHEREAS, the County of Harnett has requested FAA to amend this agree-
ment by $27,000; and
WHEREAS, the County of Harnett Has received from FAA the amendment
requested.
NOW, THEREFORE, BE IT RESOLVED BY THE HARNE T COUNTY BOARD OF COM-
MISSIONERS THAT: M. H. Brock, County Manager, be and he is hereby author-
ized to execute the following Amendment No. 1 to the Grant Agreement for
Project No. 5 -37- 0088 -01.
UNITED STATES OF AMERICA
FEDERAL AVIATION ADMINISTRATION
Contract No. DOT- FA -78 -S0 -11597
Harnett County Airport
Erwin, NC
AMENDMENT NO. 1 TO GRANT AGREEMENT FOR PROJECT NO. 5 -37- 0088 -01
130
ADJOURNMENT
WHEREAS, the Federal Aviation Administration (hereinafter referred to as the FAA
has determined it to be in the interest of the United States that the
grant agreement between the FAA, acting for and on behalf of the United
States, and the County of Harnett (hereinafter referred to as the Sponsor),
accepted by said Sponsor on the 18th day of September, 1978, be amended
as hereinafter provided.
NOW THEREFORE WITNESSETH:
That, in consideration of the benefits to accrue to the parties hereto, the
FAA on behalf of the United States, on the one part, and the Sponsor, on
the other part, do hereby mutually agree that the terms and conditions of
the grant agreement between the United States and the Sponsor, accepted by
said Sponsor on the 18th day of September, 1978, be amended:
The maximum obligation on Page 2 of the grant agreement which reads;
The maximum obligation of the United States payable under this .
offer shall be $270,000.
IS HEREBY REVISED' AND READS AS FOLLOWS:
The maximum obligati�n of The United States payable under this
offer shall be $297,000.
It is unde±stood•and agreed that all the other terms and conditions of the
grant agreement remain in full force and effect and are not changed or
altered except as hereinaboveJprovided.
The United States shall not be obligated under any provision hereof unless-
this amendment has been executed.by the Sponsor, on or before September 30,
1982, or such subsequent date as may be prescribed in writing by the
Administrator.
This resolution duly adopted by the Harnett County Board of Commissioners
this the Twentieth day of September,: Nineteen Hundred and Eighty -two.
ATTEST:
s /Vanessa W. Young
HARNETT;COUNTY BOARD OF COMMISSIONERS
-s /Jesse Alphin
(Chairman)
(Clerk)
There being no further .business, the Harnett County Board of
Commissioners meeting of September 20, 1982, duly adjourned at
9:15 p.m.
at%
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airman
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Clerk