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01211985HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, JANUARY 21, 1985 The Harnett County Board of Commissioners met in regular session on Monday, January 21, -1985, 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; Robert Morgan; County Attorney; and Rollie J. Wade, Recording Secretary, were also present. CALL TO ORDER Chairman Jesse Aiphin called the meeting to order at 7 :10 p.m. PRAYER Commissioner Bill Shaw led the evening prayer. MINUTES The minutes from the Harnett County Board of Commissioners meeting of January 1985, were approved as read. RESOLUTION RE: M. H. Brock, County Manager, presented to the Board for their consideration the PROCESSING OF BD. following resolution opposing the centralized processing of local education payroll OF ED. PAYROLL data by state government: BY STATE RESOLUTION CONCERNING THE PROCESSING • EDUCATION AGENCY PAYROLL DATA BY STATE GOVERNMENT WHEREAS, the State of North Carolina through G. S. 115C -12 (18) requires a Centralized Payroll System for Public Schools, and WHEREAS, the Centralized Payroll System shall be developed and implemented for all state': funded, certificated employees beginning with the 1985 -86 school year and all non - certificated employees no later than the 1986-87 school year; and WHEREAS, The State Board of Education has changed -the rules to place all school personnel on Centralized Payroll System by- Region on staggered beginning periods by starting Region 4 on July, 1985, and adding all school employees of another region each quarter thereafter until all eight regions are on this system; and WHEREAS, such a change would require new legislation; and WHEREAS, the` new Centralized Payroll System will cause hardship, loss of re =' venue and increase in personnel cost as follows: 1. The system as proposed would require Harnett County to send local funds to the state office for disbursement before the payroll date. This procedure would cause a loss in interest earnings for Harnett County of approximately $10,000 an- nually. 2. The proposed system will be very rigid on payroll deadlines and will not allow Harnett County payroll personnel flexibility in dealing with exceptions on a case by case basis. This causes hardships in processing payrolls for 1,200 employ- ees in 21- different schools. 3. The proposed system will require the Harnett County Schools' payroll depart ment to manually keypunch data into the accounting system in order to keep the finan cial records in accordance with generally accepted accounting principles. This would require an additional bookkeeper to be employed. 4. The proposed system will not reduce, local equipment expense because Harnett County must keep its present data processing capability to do other.local applica- tions ( i.e., budgetary, inventory, fixed assets, etc.). - NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners registers its strong opposition to the Centralized Payroll System in as much as the proposed payroll system is disruptive to an effective system now in operation and, offers no apparent advantages to;'the Harnett County -Board of Education in carrying out its statutory duties in matters related to the payment of its employees. BE IT FURTHER RESOLVED that the Harnett County-Board of Commissioners requests the General Assembly to provide an option to the Centralized Payroll System permit- ting Harnett County and other school units with a °proper computerized payroll sys- tem to continue with their local payroll system. BE IT FURTHER RESOLVED that a copy of this resolution be entered into the minutes of the Harnett County Board of Commissioners and copies sent to Harnett County Representatives to the General Assembly and to the Honorable James Martin, Governor of North Carolina, and to members of the State Board of Education. Duly adopted this the Twenty -first Day of January, 1985. HARNETT COUNTY BOARD OF COMMISSIONERS s/ Jesse Alphiri Chairman CONTRACT AND LEASE AGREEMENT RE: PINEVIEW HEALTH CLINIC 4I Following a discussion, Commissioner Stewart made a motion that the foregoing resolution be approved; Commissioner Collins seconded the motion and it carried with a unanimous vote. John Phelps with the County Attorney's Office presented to the Board the contract and lease agreement in reference to the Pineview Health Facility. Mr. Phelps explained that Burr Webster has appeared before the Commissioners at an earlier meeting and had informed the Board that the Western Medical Group had made appli- cation and had received approval for federal funding to establish a rural health center in the Johnsonville Community. Following Mr. Webster's presentation to the Board on the November 5, 1984, the Board agreed that the site of the Pineview Health Facility could be used to construct the rural health center and requested that a lease agreement be drawn. As a result of that action by the Board, Mr. Phelp explained that he had drafted this contract and lease agreement and had forwarded it to Glenn Johnson Attorney for the Western Medical Group for his review. Mr. Phelps requested that due to the time involved in getting this contract executed that the Board authorize the County Manager to execute this lease and agreement with Western Medical Group, contingent upon the approval of the agreement by the Medical Group's Attorney. Following a discussion, Commissioner Stewart made a motion that M. H. Brock, County Manager, be and he is hereby authorized to execute the following contract and lease agreement with the Western Medical Group regarding the Pineview Health Facility; Commissioner Shaw seconded the motion and it carried with a unanimous vote. NORTH CAROLINA CONTRACT AND LEASE AGREEMENT HARNETT COUNTY THIS CONTRACT AND LEASE AGREEMENT, made and entered into this the day of , 1985, by and between Harnett County, a body politic, organized and existing under the laws of the State of North Carolina (hereinafter "County ") and Boone Trail Medical Center, Inc., a corporation organized and existing under the laws of the State of North Carolina, trading as the Western Medical Group (herein- after "Western Medical "). W I T N E S S F T H WHEREAS, County, by and through its Board of Commissioners, has recognized the need for rural health centers in Harnett County, and WHEREAS, County is the owner of a two (2) acre tract of real estate located in the Johnsonville Community, Barbecue Township, Harnett County, North Carolina (hereinafter "premises "), upon which has been located the "Pineview Clinic" or the "Pineview Health Facility" and WHEREAS, there is currently located on the said premises a double -wide trailer building and a one -room classroom building, and WHEREAS, Western Medical has made application and has received federal funding to establish a rural health center in the Johnsonville Community, and WHEREAS, both County and Western Medical have determined that the best loca- tion for a health center in the Johnsonville Community is the above described premises, and WHEREAS, County, by and through its Board of Commissioners and Western Medi- cal have agreed to enter into this contract and lease agreement as hereinafter set forth. NOW, THEREFORE, in consideration of the mutual representations, warranties, covenants, and agreements contained in this contract and lease agreement, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto hereby agree as follows: County has leased and by these presents does grant, demise and lease unto Western Medical and Western Medical does hereby lease from County a certain tract or parcel of land in Barbecue Township, Harnett County, North Carolina, together with the improvements located thereon, (hereinafter "premises "), said tract of land being more fully described as follows: BEGINNING at a stake in the center line of N.C. Highway No. 27, said stake being South 57 deg. 44 min. 53 sec. West 165 feet from point "11" as shown and delineated on the plat hereinafter referred to; running thence South 32 deg. 15 min 07 sec. East 465.60 feet to a stake; thence South 57 deg. 44 min. 53 sec. West 200 feet to a stake; thence North 32 deg. 15 min. 07 sec. West 465.60 feet to a stake in the center line of N.C. Highway No. 27; thence North 57 deg. 44 min. 53 sec. East 200 feet to the BEGINNING, containing 2 acres, excluding the right of way of N.C. Highway No. 27, and being a portion of the property shown on that 542 certain map - entitled "Property of Pineview Inc,00, made by James-C. Pate, R. E.., dated May 16, 1972, and'recorded in Book 17, page 50, Harnett County Registery. The premises herein conveyed was - conveyed to the County of Harentt by Deed dated November 11, 1974, from Pineview,,;Inc. to the County of Harnett, recorded in Book 626, page 500 of the Harnett County Registry TO HAVE AND TO HOLD, the aforesaid premises, together with the improvements located - theron and all privileges and appurtenances thereunto belonging unto Western Medical upon-the following terms and conditions. A. TERM. The tet.m of this contract and lease agreement shall commence on and shall continue for a term of twenty (20) years, unless sooner terminated in accordance with the terms hereof, B. RENTAL. As rent for said premises, Western Medical shall pay to County an annual rent of One ($1.00) Dollar to be paid for the first year upon the commence- ment of the term hereof and thereafter on the same date on each year thereafter for the twenty year term. C. TERMINATION. This contract and lease agreement is entered into on the express condition that in the event that Western Medical fails to perform its, obligations under this contract and lease agreement as set forth herein for the term of this contract and lease agreement, then and in that event, County shall' have the option to declare the lease term ended and to recover possession of the premises and to expel and remove Western Medical and all persons in or on the premises or any part thereof, whether with or without process of law, and to enjoy the possession as if this contract and lease agreement had not been executed. D. RELOCATION OP CURRENT FACILITIES. is the intention of Western Medical to -- construct on the premises a modular unit or units (hereinafter "modular units ") in which the health center will be housed, and in the event such construction does take place, 'then and in that event, the double -wide mobile home and the one -room classroom building (hereinafter "current facilities ") may be relocated on the pre - mises as provided herein: 1. The current facilities may be removed and relocated from their current lo- cations to different locations on the premises, however, said relocations shall be accomplished only as set` forth below: a. The current facilities. shall be relocated at least 20 feet from the side lot lines, (that is, the eastern and western lot lines or boundaries); b. The current facilities shall be relocated at least 60 feet from the front lot line, (that is the northern lot line or boundary on Highway 27) and at least 60. from the rear lot line, (that is the southern lot line or boundary) c. The current facilities shall be relocated at least 15 feet from the other; d. Western Medical agrees to employ -or retain a reputable firm, business, and/ or contractor to complete the relocation, said relocation to be accomplished in a good and workmanlike manner; e. Western Medical will repair:any damage sustained by -the current facilities in the moving and /or relocation process f. Upon completion of the removal, moving and /or relocation of the said current facilities to' the new locations on the premises, Western Medical shall replace all utilities and all water, sewer or septic tank connections. In addition, Western Medical shall repair and /or replace the foundations of the current facili-1 ties, :along with any otherstructures necessary., so as to return said current faci- lities to a condition substantially similar to their original condition. 2. In the' -event that Western Medical should construct modular units on the premises, then and in that event, it is agreed that such modular units shall be and become a permanent part of the real estate, and as such' become the property of the County and shall at the end of this leasehold be forever the property of said County. 3. In the event that the modular units are constructed and the current faci- lities are thereafter not utilized by Western Medical, and if such nonutilization continues for a period of 60 days, then the County shall have the option to come upon the premises and remove therefrom the current facilities, The costs of such removal shall be paid by County and once removed the current facilities shall for - ever be severed from the premises and County shall not be obligated to return the same to premises. 1 E. OBLIGATIONS OF COUNTY. County hereby covenants agrees with Western Medical as follows: That it will put Western Medical in actual possession of the herein demised premises at the beginning of the term aforesaid and that Western Medical, on paying the said rent and performing the covenants herein by it by it to be performed, shall and may peaceable and quietly have, hold and enjoy the said demised premises for the said term. F. OBLIGATIONS OF WESTERN MEDICAL. Western Medical hereby covenants and agrees with County as follows: 1. Western Medical agrees to accept said leased premises upon commencement of the lease term as set out and will thereupon and thereafter pay the rent that is herein specified, and do and perform all those covenants and agreements herein set forth. 2. Western Medical agrees to establish, create and operate a rural health center on the premises. Said rural health shall be operated in accordance with the applicable federal, state and county rules, statutes, regulations and ordinances. 3. Western Medical agrees to provide the Harnett County Health Department (hereinafter "Health Department ") adequate and sufficient office and examining room space in the rural health center (whether operated in the current facilities or in the modular units) so that the Health Department may: a. Come upon and use the premises one day each month a Women's, Infant's and Children's Clinic (commonly known as WIC Clinic) and; b. Come upon and use the premises one day each month (in addition to the day for WIC Clinic) to conduct a general public health clinic. 4. UTILITIES. Western Medical agrees to pay all water, sewer, gas, elec- trical and any other utility charges applicable to the premises. S. REPAIRS. Western Medical agrees to keep and maintain the facilities currently located on the property and any other facility constructed thereon in a good state of repair. 6. INSURANCE. Western Medical shall procure and keep in force throughout the term of this lease a policy or policies of fire and /or hazard and extended coverage risk insurance covering buildings and improvements located on the premises. Such policy or policies shall be purchased from responsible insurance companies licensed to do business in this state. 7. LIABILITY INSURANCE. Western Medical agrees at its expense to maintain in force continuously throughout the term of this lease public liability insurance with coverage of at least $300,000.00 per occurrence with an insurer licensed to sell such insurance in the State of North Carolina, covering the leased premises for death or injury sustained by persons using, entering into or occupying the premises and shall upon written request of County furnish County a certificate by the insurer that such insurance is in enforce. G. MUTUAL OBLIGATIONS BETWEEN COUNTY AND WESTERN MEDICAL. It is further mutually agreed between County and Western Medical as follows: 1. ALTERATIONS AND IMPROVEMENTS. Western Medical shall have the right to make alterations and improvements to the premises, however said alterations and improvements shall become a permanent part of the real estate and as such become the property of the County. 2. REPAIRS. It is understood and agreed that Western Medical accepts said premises in the physical condition in which the same now are and that County shall be under no obligation whatsoever to make any repairs or replacements to said pre- mises during the term of this lease. 3. ASSIGNMENT AND SUBLETTING. It is agreed that without the previous written consent of County, Western Medical may not assign this contract and lease agreement, or sublet the whole or any part of the premises or permit the premises or any part thereof to be used by others. 4. SUBJECT TO APPLICABLE LAWS. This contract and lease agreement is subject to all statutes, rules, regulations or other laws as may be applicable to similar agreements and applicable to public health facilities. S. AUTHORITY. County and Western Medical represent and warrant, each to the other, the existence of all capacity, authority, resolutions and actions necessary to execute this contract and lease agreement. 6. BINDING EFFECT. The covenants and agreements contained,in this contract and lease agreement are binding on the parties hereto and their successors, assigns, and legal representatives. 7. EFFECTIVE DATE. This contract and lease agreement shall become effective upon'execution by both parties hereto and neither party shall be bound hereunder until the same has been duly executed by both parties. 8. DUPLICATE CONTRACTS. This contract and Lease agreement is executed duplicate originals, one of which is retained by each party hereto. IN TESTIMONY WHEREOF, County has caused this contract and lease agreement to be signed in its name by the Chairman of the Harnett County Board of Commissioners and attested by the Clerk to said Board, and sealed with the common seal of said County all under authority granted by the Harnett County Board of- Commissioners, and Western Medical has caused this contract and lease agreement to be signed in its corporate name by its president and attested by the secretary of said corpora- tion-all under authority granted by the corporation on the day and year set forth above. REAPPOINTMENTS TO Commissioner Collins made' a motion that J. D. Sistrunk and James Futrell be reap- LIBRARY BOARD pointed to the Library Board for a four-year term; Dr. William Roy Phelps and Mac C. Hunter be appointed to the Library Board for a four -year term; and Rachel Spears be appointed to a three -year term filling the vacancy created by the resignation of Gail Cogdill; Commissioner Stewart seconded the motion and it carried with a unani- mous vote. BUDGET AMENDMENT SOCIAL SERVICES BUDGET AMENDMENT EMER. MANAGEMENT BUDGET AMENDMENT YOUTH SERVICES BLUE CROSS /BLUE SHIELD Commissioner Brock made a motion .that the Social Services Budget be amended as fol- lows; Commissioner Stewart seconded the motion and it carried with a unanimous vote: 7710-140 AFDC Increase $24,831 7710 -141 AA $ AD (Rest Homes) Increase $128,813 7710 -142 Medicaid Decrease $194,857 7710 -144 Aid to Blend Increase. $784 7710= 149* *Public Assistance Reufunds Increase $12,000 Explanation: The above changes result from legislation passed after budget completion except the Medicaid item, Which is a more current extrapolation of anticipated expenditures for FY 84/85 based on actual- usage for prior year Total Appropriation in Current Budget $ 1,290,110 Amount of Decrease of above Amendment 28,426 - Total Appropriation in Current Amended Budget 1,261,684 Commissioner Brock made a motion that:the Social Services Budget, Code 7700-012, Printing and Binding be increased by $200. and Code 7700 -045, Contracted Services be increased by $4,800; Commissioner Stewart seconded the motion and it carried with a unanimous vote. Commissioner Collins made a motion' - that the Emergency Management Budget, Code 10- 5250 -020, Emergency Response Planning, be increased by $5,635; Commissioner Shaw seconded the motion and it carried with a unanimous "vote. This budget amend- ment reflects the receipt of funds used in the emergency response planning for the Shearon Harris Nuclear Power Plant. Commissioner Stewart made a motion that -the following budget amendment to Youth` Services be approved; Commissioner Shaw seconded the motion and it carried with a unanimous vote: 7730 -002 _ Salaries and Wages 7730 -005 FICA 7730 -006 Group Insurance 7730 -007 Retirement Expense 7730 -015 Maintenance and Repair - 7730 -054 Insurance and Bonds 7730 -011 Telephone and Postage 7730 -014 Travel and Meetings 7730 -057 Miscellaneous Expense Decrease, $6000.00 Decrease 300.00 Decrease 400.00 Decrease 500.00 Decrease 200.00 Decreade :500.00 Increase 200.00 Increase 300.00 Increase 200.00 Commissioner Stewart made a:motion that the Social Services Budget, Code 7700 -069, Specialized Foster Care, be increased by $7,200 Commissioner Shaw seconded the motion and it carried with a unanimous' vote. M. H. Brock, County Manager, informed the Board that the County has received a let ter from Blue Cross / Blue Shield stating that they have expanded their benefits to include heart, heart-lung, and liver transplants He explained that Blue Cross / Blue Shield is providing-the following specific stop loss rates for the County's consideration One to the addition of the. Organ and Tissue Transplants benefits: Specific Stop Loss Amount: Rates Per Certificate Per Month: $40,000 $60,000 $ 1.80 $ 1.32 545 He stated that the Board needs to decide if the County would like to accept either of these stop loss rates. Following a discussion, Commissioner Shaw made a motion that Commissioners Lloyd Stewart and M. H. Brock, County Manager, be appointed to study this proposal and bring their recommendation back to the Board; Commissioner Stewart seconded the motion. It was pointed out that Blue Cross/Blue Sheild would like to know the County's decision by January 28. Commissioner Collins made a motion that the foregoing motion be amended that in the event the County has to meet this deadline that Mr. Brock and Mr. Stewart be allowed to poll the Board by telephone; Commissioner Shaw seconded the motion and it carried with a unanimous vote. BILL SHAW RESIGN. Commissioner Shaw submitted to the Board his resignation from the Cardinal Health FROM CARDINAL Agency and recommended that Burr Webster be appointed to fill this vacancy. Commis - HEALTH AGENCY sioner Collins made a motion that the Board accept Mr. Shaw's resignation and appoint- ed Burr Webster to fill this vacancy; Commissioner Stewart seconded the motion and it carried with a unanimous vote. nr kcref ADJOURNMENT Mr. Brock reported to the Board that last week all three reader printers at the Register of Deeds Office had broken and had to be repaired. The County is now having to spend a lot of money on them for maintenance and needs to look at the possibility of replacing the reader printers. Following a discussion, Commissioner Stewart made a motion that the County Manager be authorized to advertise and accept bids on reader printers for the Register of Deeds; Commissioner Collins seconded the motion and it carried with a unanimous vote. The Board recognized Robert Morgan who had been sworn in earlier today as the Director of the SBI of North Carolina. Commissioner Brock made a motion that the Board meeting adjourn at 8:15 p.m. in hono of former commissioner, Clarence E. McLamb, who passed away today; Commissioner Stewart seconded the motion and it carried with a unanimous vote. C airman Secretary � )211 "p10„,Tyv- Clerk