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11011982HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, NOVEMBER 1, 1982 The Harnett County Board of Commissioners met in regular session on Monday, November 1, 1982, in the Commissioners Room, County Office Fuilding, 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. CALL TO ORDER Chairman Jesse Alphin called the meeting to order at 9:00 a.m. PRAYER Commissioner M. H. Brock led the morning prayer. READING OF The minutes from the Harnett County Board of Commissioners meeting of MINUTES October 18, 1982, were approved as read. RAY STONE, DOT Ray Stone, Assistant District Engineer with the North Carolina Depart- ment of Transportation appeared before the Board to discuss road matter and situations in Harnett County. RESOLUTION ANNUAL AUDIT Commissioner Brock made a motion that the Board pass a resolution to add an unnamed street in L. L. Lucas Subdivision to the State Secondary Road System. Commissioner Collins seconded the motion and it carried. BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS, that North Carolina Department of Transportation be and is hereby requested, by the proper execution of this document, to add an unnamed street in L. L. Lucas Subdivision, Harnett County, to the North Carolina State Secondary Road System. Done this 1st day of November, 1982. s/ Jesse Alphin Chairman Harnett County Board of Commissioners ATTEST: s/ Vanessa W. Young Clerk Harnett County Board of Commissioners Jay Snipes, Certified Public Accountant, with Oscar N. Harris & Associates, appeared before the Board and reported on the Audit of Financial Statements for the years ended June 30, 1932 and 1931. SUBDIVISION Commissioner Shaw made a motion that the Board adopt an Ordinance REGULATIONS Amending An Ordinance Entitled "Harnett County, North Carolina, ORDINANCE Subdivision Regulations, April, 1977 ". Commissioner Stewart seconded the motion and it carried. ORDINANCE AMENDING AN ORDINANCE ENTITLED "HARNETT COUNTY, NORTH CAROLINA, SUBDIVISION REGULATIONS, APRIL, 1977" WHEREAS, This Board adopted on the 4th day of April, 1977, and ordinance entitled, "Harnett County, North Carolina, Subdivision Regulations, April, 1977" and WHEREAS, The Board is of the opinion that certain amendments are necessary to the clear and efficient working of the Ordinance. NOW THEREFORE, BE IT ORDAINED that Section 3.0 of the Ordinance be amended to read as follows: SECTION 3.0 GENERAL All subdivision of land except those described in Subsection B. below within the subdivision jurisdiction of Harnett County shall hereafter conform to the procedure contained within the articles of this Ordinance. This Subdivision Regulation Ordinance requires that a plat be prepared, approved, and recorded pursuant to the provisions of this Ordinance whenever a sub- division of land takes place. If the subdivision contains one to five lots, it qualifies as a minor subdivision. The discussion of minor subdivisions is found in Article 3, Section 3.4. B. That there shall be excepted from the procedures contained in the Articles of this Ordinance subdivisions of tracts of land having frontage on private streets when disclosure statements are given as required by North Carolina General Statute 164 BUDGET AMENDMENT BOARD OF ELECTIONS LIBRARY READING OF "AN ORDINANCE GRANTING A CABLE TELEVISION FRAN- CHISE TO UNIVISION CABLE SYSTEMS, INC." LEASE AGREEMENT FOR SOCIAL SERVICES 136- 102.6,,(f) or on neighborhood public roads as defined by North Carolina' General Statute 136 -67 where disclosure statements are given as requested by North Carolina General Statute 136- 102.6,(f), said exception is to apply only when the seller files with -the County as affidavit that he -does not contemplate that the pri- vate street or neighborhood public road will serve more than three dwelling units and noncommercial or industrial sites. Adopted this the 1st day of November, 1982. Approved as to form s/ Edward H. McCormick Edward E. McCormick County Attorney Board of County Commissioners for County of Harnett By: s/ Jesse Alphin Chairman Mrs. Virginia Warren; Supervisor of Harnett County Board of Elections appeared before the Board and requested an amend- ment to' her budget because of additional costs of printing ballots. Commissioner Collins made a motion that the Board of Elections budget, Code 430 -012, be increased by $1,500. Commissioner Shaw seconded the motion and it carried. Mrs. Margaret Randall, County Librarian, appeared before the Board and:_stated that the Library would be receiving $2,992. in State Aid more than was budgeted for the 1982 -83 fiscal year She requested a budget increase in that same amount so she can reclassify a part -time secretary to full -time. Commissioner Collins moved that the Board table this matter until the November 15th meeting. This would enable the Board to study this further. Commissioner Stewart seconded the- motion -and it carried: Commissioner Collins made a- motion to pass the second reading of "An Ordinance Granting.A Cable Television Franchise to Univision Cable Systems, Inc " Commissioner Stewart seconded the motion and it passed unanimously. Commissioner Brock made a motion that the Board adopt said Ordinance, - Commis - sioner Stewart seconded that motion and it passed - unanimously. The aforedescribed Ordinance is duly recorded in the Harnett County Board of Coirimissioners Minute Docket Book 15, page 158.- Commissioner Bill Shaw made a motion that the Board approve execution of the following -lease agreement between B. Fred Sexton and wife, Mary -M. Sexton and County of Harnett for and on behalf<of Harnett County Social Services. Commissioner Stewart seconded the motion and it carried. LEASE AGREEMENT THIS LEASE AGREEMENT, made -and entered into this 1st day of November, 1982, by and between B. Fred. Sexton and wife, Mary M. Sexton, parties of the first part, hereinafter called the Lessors; and the County of Harnett for and on behalf of Harnett County Social Services,- :Lillington, North Carolina, a duly recognized agency of- Harnett. County, hereinafter called "Lessee ", W I T -N E -S S E T H: Thatthe Lessors hereby demise, let and lease unto the Lessee and the Lessee does hereby accept as tenant of the Lessors for the terms and upon the conditions hereinafter set out the following described property located in the Town of Lillington, Harnett County, North Carolina: The front portion of that certain building located at 1024 Main Street, Town of Lillington, consist ing of approximately 4,000 square feet, formerly occupied by SextonTs Departnent Store, together 165 with the adjacent parking lot exclusive of the last four parking spaces, in front of the space currently occupied by Dr. Lynn Mann, which park- ing spaces are reserved for use by other tenants. Also included in the leased property are parking spaces located on the property known as the T. M. Stewart property at the rear of the demised build- ing. TO HAVE AND TO HOLD the aforesaid premises together with all privi- leges and appurtenances thereunto belonging unto the Lessee upon the following terms and conditions: 1. The term of this lease shall commence on the fifteenth day of November, 1982 and shall continue for a term of five years thereafter and the Lessee shall, at its option, have the right and privilege to renew this lease for five additional years but the amount of rental to be paid for the second five -year lease period shall be negotiated at the time this option is exercised. The Lessee in order to exercise this option for the additional five year rental period shall give the Lessors written notice of its desire to extend the option for an additional five years on or before October 15, 1987. 2. As rental for said premises, the Lessee shall pay to the Lessors the sum of $1,500.00 per month which rent shall be due and payable on or before the tenth day of each month; rent for the partial month of November, 1982, in the amount of $750.00 shall be due on or before that date and rent for the final month of November, 1987 shall be in the amount of $750.00. In the event the Lessee fails for any reason whatever to pay any monthly installment of rent when due and such installment shall remain unpaid for a period of fifteen days or more, the Lessors, may, at their option, terminate this lease agreement and thereupon re -enter and take possession of said demised premises. 3. During the term of this lease, the Lessors shall pay all taxes and assessments levied upon the herein demised premises by and duly constituted governmental taxing authority. The Lessee shall be responsible for and will pay all taxes and assessments imposed upon any fixtures, equipment, goods, merchandise or other property which it shall place or cause to be placed upon the herein demised premises. 4. During the term of the lease the Lessors shall keep the roof to this building in a leakproof condition; shall pay all real estate taxes to the County of Harnett and Town of Lillington keep said build- ing insured; and shall insure that the building is amply heated and cooled and shall be responsible for all repairs to said heating and cooling unit. Lessee shall be responsible for personal property insurance; personal property tax, both County and Town; shall furnish and pay for all public utilities. 5. Lessors agree to keep the outside of said building in a good state of repair, however, the inside of said building shall be main- tained and kept in a good state of repair by Lessee. 6. The Lessee shall be responsible for and shall pay all elec- tric, heat and telephone charges imposed upon or in connection with the herein demised property. 7. The Lessee covenants and agrees that it will not use, or permit to be used, any portion of said demised premises for any unlawful purposes and that it will at all times comply with all rules, regulations and requirements of the County, State and Federal Governments, or any of the departments, bureaus, or subdivisions thereof, which shall in any way be applicable to said demised premises and the use thereof. 8. It is agreed and understood that upon the termination of this lease, the Lessee shall be entitled to remove from said premises all goods, merchandise, fixtures and equipment which it has placed in or upon said premises belonging to the Lessee, provided the Lessee shall not then be in default in the performance of any part of the terms and conditions of this agreement and provided further that such property can be removed without permanently injuring the premises. The Lessee covenants that it will promptly and properly repair any damage or disfigurement caused by the removal of its property from 166 said premises. However, any permanent improvements to the realty become the property of the Lessors and may only be removed with the written consent of the Lessors. 9. It is agreed and understood that, if this building is destroyed by fire or other catastrophe that the rental herein charged shall cease: -10. It is further agreed and understood that if any differ- ence should arise between the parties hereto as to the meaning or interpretation of this contract that the same will be resolved by arbitration.in the usual manner. 11. It is agreed and understood that the stipulations, terms" and conditions above set forth constitute the sole and entire contract and agreement between the parties hereto and that said agreement, -nor any of the -terms hereof, shall not be changed, varied or modified, except in writing by and with the mutual con sent of the parties hereto. And this agreement, and every term and condition hereto, shall be binding upon the successors, assigns, and guarantors of the parties hereto as fully and to the same extent as if such successors, assigns, and guarantors had °actually joined in the execution hereof. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written, and an exe- cuted copy hereof is retained by each of said parties. By: ATTEST: B. Fred Sexton Mary M. Sexton COUNTY OF-HARNETT (Seal) (Seal) Chairman Vanessa W._ Young, "Clerk TAX ATTORNEY'S, REPORT The following Tax Attorney's report was filed with the Board. Name BUCKHORN TOWNSHIP Kizer, Chester Leon DUKE TOWNSHIP' Walker, Ronnie Suit No. Amt. Col. Atty. Fee' 82 CvD 0489 434.02 55.00 81 CvD 0841 171.29 55.00 JOHNSONVILLE TOWNSHIP Brewington, Bobby et ux 79 CvD-0682 597.96 90.00 Council, Floyd and /or 82 CvD 0555 37.03 .00 Haley David LILLINGTON TOWNSHIP Gunn,. Nathaniel Rivers, Blanche S... Turlington, W. R.', Jr. _. 82 CvD 0713 82 CvD 0803 -82 CvD 0786 215.66 151.94 624.86 55.00 55.00 55.00 STEWARTS CREEK TOWNSHIP_ `Elliott, Albert Lee 82 CvD 0789 459.48 55:00 Elliott, James K. 82 CvD 0785 660.12 55.00 UPPER LITTLE RIVER Bates, Arthur 82 CvD 0787 154.49 55.00 ANDERSON CREEK TOWNSHIP Butts, Douglas No Suit 567.39 25.00 DUKE TOWNSHIP McNeill, Charles No Suit 164.39 25.00 obi TAX COLLECTOR'S REPORT NEW EMPLOYEE IN AMBULANCE DEPT. ADJOURNMENT Name Suit No. Amt. Col. Atty. Fee LILLINGTON TOWNSHIP Ridges, Samuel L. Spence, Connie C. Spencer, Helen H. STEWARTS CREEK Garner, James M. NEW SUITS STARTED: LILLINGTON TOWNSHIP Williams, Claster Jane JOHNSONVILLE TOWNSHIP Gilchrist, Charlie STEWARTS CREEK TOWNSHIP Lett, Vadell No Suit No Suit No Suit No Suit 82 CvD 0784 82 Cvd 0893 82 CvD 0894 Grand Total 659.26 318.85 656.17 25.00 25.00 25.00 330.19 25.00 $6,203.10 $680.00 10.00 10.00 10.00 Sub Total $ 30.00 $6,203.10 $710.00 E. Marshall Woodall Tax Attorney Thomas Allen, Tax Collector, appeared before the Board and reported on the activities of his department for the month of October and his plans for November. M. H. Brock, County Manager, presented to the Board a request from the Ambulance Service to hire a close relative of an employee in that department. Mr. Brock explained to the Board that the County's personnel policy states that members of an immediate family shall not be employed in the same department if such employment would result in an employee directly or indirectly supervising a member of the immediate family with- out the approval of the Board. Chairman Jesse Alphin turned the matter over to the personnel committee for their considera- tion. There being no further business the Harnett County Board of Commissioners duly adjourned at 11:O a.m. Clerk Sectary