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10031983322 HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, OCTOBER 3, 1983 The I-Iarnett County Board of Commissioners met in regular sessionon Monday, 'October`3, 1983, in the Commissioners Room, County Office Building, Lillington, North Carolina,-with the following members` present Lloyd G. Stewart, Bill Shaw, Rudy Collins, and Chairman Jesse Alphin presiding. Robert Morgan, County Attorney, and Vanessa W. Young, Clerk to the Board, were also present. CALL TO ORDER Chairman Jesse 'Alphin called the meeting to order at 9:00 a.m. PRAYER Commissioner Rudy Collins led the morning prayer. MINUTES APPROVED BASE MAPPING RAY. STONE, DOT BILL HOBBS,'FmHA, HARNETT COUNTY DISASTER AREA The minutes -from the Harnett County Board of Commissioners meeting of September 19, 1983, were approved as read. M. H. Brock,`Cofinty Manager,'infoimed the Board that since the Commissioners meeting of September 19, 1983, he had net several times with Mr. Allen and -Terry Wade; and after studying the bids the Board received in February for the base mapping, it was their decision to award the contract for the approximate 50 orthophoto base maps (the number of maps that can be completed with the money received from the. Lands Record Management Grant) to Landmark. When the County received bids in February, Landmark was the low bidder for the aerial photograph and paneling phase Landmark has completed this part of the mapping.; project and has. delivered the contact prints and photo indexes to the County. Their work was very professional and of the highest quality, and Mr. Brock, Mr. Allen, and`Mr. Wade felt that the County would come out ahead in cost as well as having a quality product if they continued with Landmark. Ray Stone, Maintenance: Engineer with the North Carolina Department of Transport ation, appeared before the Board to discuss road matters and situations in Harnett County -. Mr. Stone introduced to the Board Mr. Billy Isom, the new District Engineer for Harnett County Mr. Brock asked Mr. Stone about the progress being inade on adding the road in Angier to the State System. Mr. Stone infoLiied the Board that everything on Church Street has been finalized, and they are waiting on -the work order, which they should receive in the very near future Bill Hobbs, County Supervisor with Parmers Rome Administration, informed the Commissioners that Harnett County has been declared a disaster area due to the experienced this- Spring and Summer. Mr. Hobbs presented a Fact Sheet on the emergency disaster loans and informed the Board that the interest is -87 with talk of 57 but he has not received any official notification on the 5% money Mr. Hobbs stated that applications have to be filed within six months of the date of the disaster area declaration. Richard'Reames with Univision appeared before the Board and informed the Commissioners that his purpose was to clear up some rumors that are floating around.' The first was caused by an article in The Daily Record which stated that the Dunn Area Chamber of Commerce has asked that Univision replace the current cable - system in Dunn and comments were made that Univision would be in Dunn within'two weeks. Mr. Reams stated that this was not true, there is no way Univision could be operating in Dunn in two weeks and as far as he knows Univision is not even negotiating with the City of Dunn at this time. The seconc 'rumor. was thatUnivisionwas bankrupt. Mr. Reames explained that a subcontract or which was doing some underground work for Univision has filed Chapter 13. This company had some of Univision's plans and materials and this held them up until they could get some more materials.. Mr "_ Reamer assured the Commis sioners that Univision is working as aggressively as possible to get the system installed in the municipalities and the County by the deadline.- A discussion followed Mr. Ream's presentation. M. H. Brock,- County Manager, explained to the Board that beginning October 1,.; 1983, the A -95 Clearinghouse Review Process will be replaced by the N. C. Intergovernmental Review Process as a result of Presidential Executive Order 12372. Under this new process,-each local unit of government will have the power through their governing board to designate a single point-of-contact for the purpose of implementing the review process. Mr. Brock explained that this reviewer will be responsiblefor - solicitingcomments on the project under review. Commissioner Collins made a motion that the County Manager be designate as the single point -of- contact for the review of the projects coming under the N. C. Intergovernmental Review Process Commissioner Shaw seconded the motion- and it carried. INTERGOVERNMENTAL REVIEW PROCESS REPLACES A-95 REVIEW 32 SURPLUS PROPERTY Commissioner Collins made a motion that the Board adopt the following resolution declaring the County's property surplus; Commissioner Shaw seconded the motion and it carried: HARNETT COUNTY, NORTH CAROLINA. 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 COMMISSIONERS THAT: A. The following described property be and it is hereby declared surplus; and 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 Saturday, October 22, 1983, beginning at 10 a.m. at the Harnett County Garage located off SR 2016 (Prison Camp Rd) in Lillington, North Carolina: 1. Rol- a -Dex, Four 2. Calculator, one, Olivettie, Serial Number M107683 3. Mimeograph, one, Gestetner, Serial Number 4A5400 4. Gas Logs, two 5. Truck, one, 1970 Dodge, Serial Number D14AB2S612382 6. Car, one, 1970 Oldsmobile, Serial Number 336870E173510 7. Car, one, 1977 Plymouth, Serial Number PH41U7D223146 8. Car, one, 1979 Chevrolet, Serial Number 1L69L9S293160 9. Car, one, 1979 Chevrolet, Serial Number 1L69L9S293139 10. Car, one, 1979 Chevrolet, Serial Number 1L69L9S293279 11. Car, one, 1979 Chevrolet, Serial Number 1L69L9S293250 12. Car, one, 1980 Chevrolet, Serial Number 1L69LAJ219262 13. Tire, forty, Used Size HRO -70s (15 ") 14. Accounting Machine, one, Burroughs F1500 15. Copier, 3M, Serial Number 48BA13835A 16. Typewriter, Portable, Remington 713, Serial Number L9379433 Adopted this the Third Day of October, Nineteen Hundred and Eighty- three. ATTEST: s /Vanessa W. Young Clerk HARNETT COUNTY BOARD OF COMMISSIONERS s /Jesse Alphin Chairman CONTRACT WITH Daniel Brooks, Vice President with Cypress Creek Fire District, Inc., presented CYPRESS CREEK FIRE a contract between Cypress Creek and the County for the Board's consideration. DISTRICT Commissioner Stewart made a motion that the Board adopt the following agreement; Commissioner Shaw seconded the motion and it carried: NORTH CAROLINA, HARNETT COUNTY. THIS CONTRACT AND AGREEMENT, Made and entered into this Third Day of October, 1983, by and between the COUNTY OF HARNETT, party of the first part, also referred to as "County ", and Cypress Creek Fire District, Inc., party of the second part, also referred to as "Fire "; 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, the party of the second part is non - profit corporation organized for the purpose of providing and /or contracting for provision of fire protection service; and WHEREAS, the party of the second part serves a county service district create by the Harnett County Board of Commissioners pursuant to a vote of the people; and WHEREAS, the County of Harnett levies and collects the taxes and is responsib for appropriating said funds for the use and benefit of the citizens in the county district; and WHEREAS, the County desires to grant a long term contract to enable the party of the' second part to make long range plans; and WHEREAS, the North Carolina General Statute 159 -13 (a). requires that the governing board of the party of the first part shall annually adopt an ordinance levying taxes and making appropriations and that North Carolina General. Statue 159 -13 (b) limits in the following manner that governing board in adopting the budget ordinance: (18) No- appropriation may be made from a service district to any other - -fund except (i) to an appropriate debt service fund or (ii) to an appropriate account in a capital reserve fund unless the district has been abolished." NOW, THEREFORE, in consideration of the promises and the consideration of TEN DOLLARS to each the other in hand paid, the parties hereto contract 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 per $100, valuation of all real and personal property in the Cypress Creek Fire Protection Service District, unless otherwise limited by law and /or a vote of the people, 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 1981-84, the amount levied .annually shall be based on the needs projected in the budget estimate submitted by the party of the second part to the County and approved by the county commis sinners. 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 collection of current taxes shall be paid to Cypress Creek Fire District, Inc.., 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. 4.' The party of the second part shall provide and /or contract for provis- ions of the necessary equipment and personnel for furnishing adequate fire pro- tection service for all property located within the Cypress Creek 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 workmanlike manner. 5- It is extremely understood that. party of the second party may provide the equipment and services set forth above in paragraph four (4) by contracting for these services with the Vass Fire Department, Inc., a fire protections squad organized in a service district of the County of Moore which is adjacent to the Cypress Creek Fire - Protection Service District of the County of Harnett, or any other adjacent fire department` as appropriate or.:approved by the Fire board of directors. 6.: That all funds paid to the party of the second part by the party of the first part shall be used exclusively to provide or contract for provision of fire, protection service within said Service District and to pay other legitimate fire protection expenses, including principal and interest on obli- gations incurred by the party of the second part in connection with the provi - sion of said service 7.'` 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 party of the second part will present to the county commissioners an annual audit by a certified public accountant, which audit shall be in conformity with existing audit policies of the County 8. The party of the second part agrees to comply with County budgeting procedures and other procedures provided for by state law and agrees to permit budget estimates to the Harnett County Board of Commissioners on the standard . forms used by county departments; the party of the second part also agrees to use standar line items for accounting devised or consented to by the county accountant from time to time • 9. The period of this contract shall be until the 31st' day of July, 1984, and this contract may not be .transferred or assigned without consent of the County.' At the - expiration of this period this agreement shall be extended on a year to year basis unless notice is given as hereafter stated. .Either party may cancel the contract at the close of any contract year by giving thirty (30), days written notice to the other party. 10. It is expressly agreed by the parties hereto that the party of the second part shall be entitled to the exclusive use, possession, and control of all fire equipment owned by the County, of Harnett which is acquired by said County .for the purpose of providing fire protection services to the residents of the Cypress Creek Fire Service District. It is further agreed that the 1 party of the second part shall retain this right to exclusive use, possession, and control of said equipment so long as it shall remain contractually obligated to provide fire protection service in said district. 11. The party of the second part further agrees to file with the County Manage a true copy of the Articles of Incorporation, existing By -Laws, and any changes made thereto from time to time; further, the party of the second part agrees to adopt By -Laws which meet all minimum legal requirements and which By -Laws, in addition thereto, have reasonable provisions enabling all residents of the community eighteen years of age or more who pay ad valorem taxes 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 affiars of the party of the second part without a vote of the membership to the extent permitted by North Carolina G. S. 55A, the North Carolina Non - Profit Corporation Act. 12. That nothing contained in this contract shall be construed to prohibit the party of the second part from entering mutual aid pacts with other groups provid- ing the same or similar services or doing any other act in futherance of its duties as a fire protection service; nor shall any requirement stated herein cause the County to be for any acts or obligations of the party of the second part or its members. Nothing contained in this contract shall be construed to restrict the party of the second part from entering into contracts to provde similar services to other county service districts for municipalities, provided, however, such additional contractual relations with other districts or municipalities do not affect the services to Cypress Creek Fire Protection Service District. IN TESTIMONY WHEREOF, the party of the first part 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 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, the day and year first above written. HARNETT COUNTY BOARD OF COMMISSIONERS s/ Jesse Alphin Chairman ATTEST: Vanessa W. Young Clerk BUDGET AMENDMENT Margaret Randall, Director of the Library, informed the Board that at the Commis - LIBRARY sioner meeting of September 6, 1983, she requested an amendment to her budget to include the additional funds received from the change in the state aid formula. The Board requested Mrs. Randall to appropriate $25,000 for the construction of the new library. Mrs. Randall informed the Board since that meeting, she had met with Mr. Brock, and they had contacted the State Library and were told that this money could not be used for "Brick and Mortar ". Mrs. Randall stated that since she could not use this money as instructed by the Board at its meeting of September 6, 1983, sh had brought before them this morning a revised budget amendmen Following a discussion of this matter, Commissioner Collins made a motion that the following budget amendment to the library be approved; Commissioner Stewart seconded the motion and it carried with a unanimous vote. The Board expressed its concerns to Mrs. Randall of the need for her to be as conservative as possible so the County might be able to put aside some money for the construction of the new library. Mrs. Randall explained another requirement of this appropriation in State aid was that the County funds not be decreased: DOROTHEA DIX Code 630 -011, Telephone & Postage, Increase by $500 Code 630 -012, Printing & Binding, Increase by $300 Code 630 -014, Travel & Meetings, Increase by $1,350 Code 630 -016, Maintenance & Repair, Equipment, Increase by $504 Code 630 -025, Books, Increase by $9,950 Code 630 -030, Periodicals, Increase by $1,219 Code 630 -050, Audiovisuals, Increase by $2,000 Code 630 -053, Dues (professional organization, Increase by $30 Code 630 -057, Miscellaneouse, Increase by $200 Code 630 -062, Processing Charges, Increase by $1,500 Code 630 -074, Capital Outaly, Equipment, Increase by $18,662 (inc. computer) Special Savings bor Bookmobile and /or stationwagon $12,000 Commissioner Brock made a motion that the following resolution regarding Dorothea Dix Hospital be approved, Commissioner Collins seconded the motion and it carried: 326 , HARNETT COUNTY, NORTH CAROLINA -.. RESOLUTION Whereas, the Harnett County Board of Commissioners have learned that Dr. Sarah T.- Morrow, Secretary of the North Carolina Department of Human Resources, plans to close a-35-bed admissions ward and cut 63 jobs at Dorothea Rix Hospital; and Whereas, Harnett County does not have adequate facilities, funds, nor staff to meet the needs of the mentally ill. Now, Therefore, Be It Resolved by the Harnett County Board of Commissioners . that the Governor and the Department of Human Resources are hereby requested not to close this 35-bed ward and that Dorothea Dix Hospital continue to provide . psychiatric inpatient services to Harnett County and to the surrounding counties. Adopted this the Third Day of October, 1983. HARNETT COUNTY BOARD OF COMMISSIONE s/ Jesse Alphin Chairman TAX ATTORNEY'S The following Tax Attorney's - report as filed with the Board: - REPORT '` SHERIFF'S REPORT Averasboro Township Altha B. Cook No Suit Mac McArtan Johnson No Suit Mary Hazel McRae_ No Suit Vada Jean Hall No Suit 455.58 185.62 182.86 736.58 25.00 25.00 25.00 25.00 Barbecue- Township Violet Pearson No Suit 243.05 25.00 Grove Township Walter Ennis No Suit 547.13 25.00 Lillington Township Ruby A. Coats 82 -CVD -0490 620.87 115.00 Stewarts Creek Township James Marvin Walker No Suit 184.05 25.00 Upper Little River Herman L. & Barbara No Suit 2074.64 25.00 Byrd Total $5230.38 $315.00 Larry Knott, Operations Officer with the Sheriff's Department, appeared before the Board and reported on the activities of the Sheriff's office for the month of September, 1983. TAX COLLECTOR Thomas Allen, Tax Collector, presented a report to the Board on the activities of this office for the month' of September and his plans for October. INSPECTIONS REPORT A report on the Inspections Department for the nonth of August, 1983; was filed with the Board. TAX RELEASE -- MCDONALD LUMBER REFUND-- WAGSTAFF REFUND -- GILBERT Thomas Allen, Tax Supervisor, requested a release for McDonald Lumber Company, , Averasboro Township, in the amount of $280.36. Commissioner Collins made a motion that this release be approved; Commissioner Stewart seconded the motion and it carried. Thomas Allen, Tax Suervisor, requested a refund to Thomas & Helene Wagstaff, 322 Eastview Dr., NW Madison, AL 35758, in the amount of $52..94, for payment on a 1982 Mazda valued at $11,895 which was not located in Harnett County on, January 1, 1983. Commissioner Shaw made a motion that the foregoing refund be approved; Commissioner Collins seconded the motion and it carried, Thomas Allen, Tax Supervisor, requested a refund to Glenwood & G. Gilbert Box 263, Erwin, NC 28339, in the amount of $17.63, listed incorrectly in Benhaven Rescue District. Commissioner Stewart made a motion that the foregoing refund be approved, Commissioner Shaw seconded -the motion and it carried. 627 NATIONAL 4H WEEK Commissioner Brock made a motion that the Board adopt the following proclamation declaring October 2 - 8 as National 4H Week in Harnett County; Commissioner Collins seconded the motion and it carried. Dan Cook,4H Agent with the Extension Office, thanked the Board for their support of this program. BUILD NEW DOG POUND CHICORA CLUB WATER PROJECT WHEREAS, Harnett County's 4H members and leaders are observing National 4H Week, October 2 -8, 1983; and WHEREAS, 4H Club work is an educational program of the North Carolina Agricul- tural Extension Service and is supervised on the county level by the 4H Youth Staff along with the help of local volunteer leaders who are outstanding men and women in their communities; and WHEREAS, the purpose of 4H Club work is to give equal training to the Head, Heart, Hands and Health of young people and to help prepare them to be better citizens and leaders who will fit into the socieity where their life's work may take them; and WHEREAS, 4H members working with educational .learn -by -doing projects put into pra tice skills and science as they strive "To Make the Best Better," the motto of 4H Club work; and WHEREAS, the citizenship and leadership training which 4H members receive in this program is a valuable asset to our democratic way of life. NOW, THEREFORE, We, The Board of Commissioners of the County of Harnett, do hereby proclaim October 2 -8, 1983 as "NATIONAL 4 -H WEEK" in Harnett County, and urge all of our people to encourage and support the work of the 4 -H Clubs. This the Third Day of October, 1983. Commissioner Shaw reported to the Board that the County needs to build a new dog pound and the plans are to build it at the Dunn -Erwin Landfill because they are experiencing so much trouble with where it is presently located. People are constantly cutting the wire and letting the dogs free, plus it does not adequately house the dogs. Mr. Shaw stated that he felt that the present county staff could build it themselves. Mr. Brock informed the Board that the County has received $400 which represents Harnett County's share of the tap -ons at Chicora Country club to date. Mr. Brock stated that the Commissioners in September, 1982, elected to participate in the cost of extending an eight inch water line to Chicora. Chicora had planned to run a six inch line, but the County request an eight inch line in order to have fire hydrants and also if industry should need to hook on an eight inch line is needed; therefore, it was the decision of the county to participate in the cost difference between the six inch and the eight inch line. Mr. Brock stated that he feels this project will pay for itself. ADJOURNMENT There being no further business, the Harnett County Board of Commissioners meeting of October 3, 1983, duly adjourned at 10:J'. p.m. _kW Da.c0o Secreta Clerk