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01061986HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, JANUARY 6, 1986 CALL TO ORDER PRAYER MINUTES APPROVED DOT The Harnett County Board of Commissioners met in regular session on Monday, January 6, 1986, in the Commissioners Room, County Office Building, Lillington, North Carolin 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; John Phelps representing the County Attorney's office; and Hollie J. Wade, Recording Secretary, were also present. Chairman Jesse Alphin called the meeting to order at 9:20 a.m. Commissioner M. H. Brock led the morning prayer. The minutes from the Harnett County Board of Commissioners meeting of December 16, 1985, were approved as read. Ray Stone, Highway Maintenance Engineer with the North Carolina Department of Trans- portation, appeared before the Board to discuss road matters and situations in Harnett County. ADDITION OF CANTE- Commissioner Shaw presented for the Board's consideration the following resolution BERRY DR. TO STATE regarding the addition of Canteberry Drive to the State System for Maintenance and SYSTEM moved for its adoption; Commissioner Collins seconded the motion and it carried with a unanimous vote. DALLAS POPE WELCOMED AS NEW ASSISTANT COUNTY MANAGER RESOLUTION RE: IMPROVEMENT OF HWY. 210 HARNETT COUNTY, NORTH CAROLINA RESOLUTION BE IT RESOLVED THAT the Harnett County Board of Commissioners do hereby request the North Carolina Board of Transportation to add Canteberry Drive in Hickory Hills Subdivision to the State's Secondary Road System for Maintenance. This the Sixth Day of January, Nineteen Hundred and Eighty -six. ATTEST: s /Vanessa W. Young Clerk HARNETT COUNTY BOARD OF COMMISSIONERS s/ Jesse Alphin Chairman Commissioner Brock welcomed to the Board meeting Mr. Dallas Pope who was employed with the County on January 1, 1986, as the Assistnat County Manager, and recognized Mr. Pope to present a resolution to the Board. Mr. Pope read in full the following resolution concerning the improvement of the portion of Highway 210 in Harnett County between Lillington and Spring Lake: HARNETT COUNTY, NORTH CAROLINA. RESOLUTION WHEREAS, the Harnett County Board of Commissioners continuously has it brought to our attention the accident statistics on Highway 210 from Lillington, to Spring Lake, an eighteen mile stretch of dangerous road in Harnett County; and WHEREAS, it is with a great deal of interest that we note that the Transportation Department has ordered a detailed study to be conducted on the portion of NC 210; and WHEREAS, the Harnett County Board of Commissioners for several years has been pursu- ing improvements on this dangerous stretch of highway and there has been some minor improvements made in past years; and WHEREAS, as of recently there have been several fatalities on this portion of Highway 210 and numerous serious injuries. It should be noted that studies have been made in prior years but not a great deal of improvements have been made. The traffic con- gestion between Lillington and Spring Lake show that over 10,000 vehicles a day use the highway near these communities. It should be noted also that no major changes are included in the Department of Transportation's Ten Year Improvement Program; and WHEREAS, we realize that funds are not appropriated for major projects such as this but the Harnett County Board of Commissioners are greatly concerned with the number of accidents and fatalities that continue to occur on this road and it is our opinion that priority should be given immediately for the improvement of this portion of Highway 210. 686 UPGRADING OF READER - PRINTERS IN REG. OF DEEDS OFFICE RUSSELL BRADLEY APPOINTED TO LIBRARY BOARD NOW, THEREFORE, BE IT RESOLVED THAT THE HARNETT COUNTY BOARD OF COMMISSIONERS do . hereby request that the North Carolina Board-of Transportation appropriate funds for the improvement and upgrading of Highway 210 by providing dual lane, widening the road, improving the hills and curves and other improvements that the Board of Trans - portation might deemed necessary and that this request be given top priority for immediate action. Duly adopted this the Sixth Day of January, 1986. HARNETT'COUNTY BOARD OF COMMISSIONERS s /Jesse Alphin Chairman ATTEST: s /Vanessa;W. Young Clerk Following the presentation of the foregoing resolution; Commissioner Shaw made a motion that the above resolution be approved; Commissioner Collins seconded the . motion and .it carried with a unanimous vote. Commissioner Brock instructed that a copy of this resolution be forwarded to the Secretary of The Board of Transportation the Mayor of Spring Lake, the Mayor of Lillington, Col. Blanta with Fort Bragg, and the Fayetteville Urbanized Area Transportation Advisory Committee, Gayle Holder, Register of Deeds, presented to the Board for their consideration a lease agreement between the County and Southeastern Microfilm, Inc., for the pur- chase of a minolta Camera, a Neumade Splicer, and upgrading the two Minolta Reader Printers the County purchased in 1985. Ms. Holder explained that her office is presently experiencing difficulty with the usage of the reader printers by the gen- eral public. The reason for the difficulty is the 85 models allow the public to insert the cartridge (film) from either side and when inserted incorrectly the film expands and the person when trying to readjust the film throws the machine out of adjustment. It was explained to the Board by David Winn, representative from South - eastern Microfilm, that his company now has a new 86 model reader printer which does not allow the public to adjust the machines and the cartridge can only be inserted correctly. He explained that his company could retrofit the 85 model reader printer with a new panel which is designed so the older model will operate like the 86 machines. Ms. Holder informed the Board that one of the new reader printers had been used in the Register of Deeds Office on a two week trial basis and the public did not have any problems operating it. Ms. Holder and Mr. Winn stated that they felt the upgrading of the reader printers would alleviate a majority of the problems currently being experienced. Following a discussion, Commissioner Collins made a motion that M. H. Brock, County Manager, and Gayle Holder, Register of Deeds, are authorized to negotiate the price in the agreement with Southeastern Microfilm, Inc. and are authorized to make a decision regarding the lease purchasing of this equip- ment; Commissioner Shaw seconded the motion and it carried with a unanimous vote. Commissioner Collins made a motion that Russell Bradley of Dunn be appointed to serve on the Harnett County Library Board for a four year term beginning January 1, 1986 through January 1, 1990; Commissioner Shaw seconded the motion and it carried with a unanimous vote. Chairman Alphin explained to the group present that this portion of the Commissioner meeting had been set aside to honor two special employees who retired from the Count on December 31, 1986--Bessie-Moss and Thomas Allen. Chairman Alphin recognized Mr. Brock for the presentation. BESSIE MOSS M. H. Brock, County Manager, explained to the group that Bessie Moss upon her retire RETIREMENT ment also got married and is now living in Florida and was unable to come up for the presentation this morning. Mr. Brock then recognized Casey Fowler, Chairman of the Planning Board, and Guyton Smith, former member /chairman of the Development Commission and the Planning Board, who appeared on hehalf of Ms. Moss. Commissioner Brock presented to these gentlemen the following resolution in appreciation of Bessie Moss for her service to the County and moved for its adoption; Commissioner Shaw seconded the motion and it carried with a unanimous vote. Mr. Brock also pre- sented a plaque to Mr. Fowler and Mr. Smith which expressed the Board's appreciation to Bessie Moss for her contributions to the County. HARNETT COUNTY, NORTH CAROLINA. RESOLUTION OF APPRECIATION WHEREAS, Bessie W._Moss came to work with Harnett County on September 1, 1965; and has faithfully served the County for over twenty years prior to her retirement on December 31; 1985; and WHEREAS, her outstanding professional abilities, her conscientious dedication and her willingness and concern to help others and promote Harnett County is clearly reflected in the constructive growth and development the Harnett County Planning and Development Offices has experienced during her tenure with the County; and WHEREAS, her dedication, loyalty and invaluable contributions have been greatly appreciated and will be remembered indefinitely by her fellow workers and all who have been associated with her. NOW, THEREFORE, BE IT RESOLVED THAT THE HARNETT COUNTY BOARD OF COMMISSIONERS: 1. Take this opportunity to express our appreciation to Bessie W. Moss for her interest and contributions to the County. 2. She is hereby thanked on behalf of the Citizens of this County for her overall dedication, loyalty, and immeasurable service to them. 3. The Board is honored to take this opportunity to recognize Bessie Moss for her outstanding service and to wish her a long and happy retirement. This the Sixth Day of January, Nineteen Hundred and Eighty -six. HARNETT COUNTY BOARD OF COMMISSIONERS Jesse Alphin, Chairman M. H. Brock Lloyd G. Stewart, Vice - Chairman Bill Shaw Rudy Collins Mr. Fowler and Mr. Smith accepted the resolution and plaque on behalf of Mrs. Moss and stated that they had worked with Bessie for many years, and she was a loyal and dedicated employee, whom the County would greatly miss. THOMAS ALLEN Mr. Brock recognized Thomas Allen, Tax Collector and Supervisor. Mr. Brock Express - RETIREMENT ed his personal thanks to Mr. Allen for the excellent working relationship he had shared with him over the past several years and also expressed appreciation on be- half of the citizens of the county to Mr. Allen for his loyal and faithful service to them. Commissioner Brock presented the following resolution of appreciation to Mr. Allen for his outstanding services to the County and moved for its adoption; Commissioner Shaw seconded the motion and it carried with a unanimous vote: HARNETT COUNTY, NORTH CAROLINA. RESOLUTION OF APPRECIATION WHEREAS, on December 1, 1961, The Harnett County Board of Commissioners appoint, ed William Thomas Allen to serve as Tax Supervisor for Harnett County; and WHEREAS, the Commissioners recognizing Mr. Allen's proficiency and expertise in the field of county taxation appointed him on July 1, 1981, to also represent Harnet County in the capacity as Tax Collector; and WHEREAS, Thomas Allen has served the county and its citizens with the greatest honor and distinction for more than twenty -four years; and he has brought special wisdom, knowledge, and leadership to each of the offices he has held; and WHEREAS, his outstanding professional abilities, his strong commitment to pro- vide efficient services to the citizens of this county, and his deep concern for his fellowman have exalted him to a position of honor, respect and esteem by his col- leagues and all who know him. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS THAT: 1. Thomas Allen is hereby thanked on behalf of all the citizens of Harnett County for his interest and contributions to the growth and development of the Tax Department and for his exceptional service to them. 2. The Board expresses our appreciation to William Thomas Allen for his over- all dedication to public service, his leadership, honesty, and hard work that serves as an example for all who follow after him. 3. The Board is honored to take this opportunity to recognize Mr. Allen for his outstanding service and to wish him a long and happy retirement. This the Sixth Day of January, Nineteen Hundred and Eighty -Six. HARNETT COUNTY BOARD OF COMMISSIONERS OATH OF OFFICE TERRY L. WADE TAX SUPERVISOR OATH OF OFFICE' DORIS SMITH DEPUTY TAX COLL. CONTRACT WITH LESTER PHILLIPS RE: HAULING REFUSE G GARBAGE Mr. Brock also presented to W. Allen a plaque which expressed the Board's apprecia- tion for his loyal and dedication services to the County. Mr. Allen personally thanked Mr. Brock for the courtesies he had extended to him over the past years, expressed his appreciation to the Board for good working rela- tions-and support they had shared with him, and thanked his staff for their loyalty and dedication to him. Chairman Alphin reiterated Mr. Brock's words of appreciation to .Mr. Allen and thanked him_for his_ outstanding service to the County. Mr. Alphin then recessed the meeting, of the Board for the purpose -'of holding a reception in honor of Ms. Moss and Mr. Allen. Chairman Alphin reconvened the regular meeting of the Board at 11 :00 a :m: Mr. Brock, County Manager, administered the oath of office for the appointment of the Tax Supervisor. to TerryL. Wade to fill the unexpired term of Mr. Allen, which expires in July, 1986. Mr. Wade took .the following oath HARNETT COUNTY, NORTH CAROLINA, OATH OF OFFICE I, Terry L. Wade, do solemnly. swear (or affirm) that I will .support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina, not inconsistent therewith, and that I will faithfully dis- charge the'duties of my: office as Tax Supervisor of'Harnett County, North Carolina, and that 1 will not allow my actions as Tax Supervisor to be influenced by personal or political friendships or obligations, so help me, God., s /Terry L. Wade. Tax Supervisor Mr. Brock administered the following oath of office for the position of deputy tax collector to Doris Jean Smith. Mrs. Smith took the following' oath: HARNETT COUNTY, NORTH CAROLINA. OATH OF OFFICE I, Doris Jean Smith, do solemnly swear (or affirm) that I will support and maintain .the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully dis - charge the duties of my office as Deputy Tax Collector of the County, of Harnett, North Carolina, and that I will not allow my actions as Deputy Tax Collector to be influenced by personal or political_ friendships or obligations, so help me, God. s /Doris Jean Smith Deputy Tax Collector Mr. Wade and Ms. Smith expressed their appreciation to the Board for giving them the opportunity to represent the county inthe capacity as appointed. Attorney John Phelps presented for -the Board's consideration a garbage and refuse hauling contract between Harnett Gounty and Lester Phillips, Inc.; During a dis- cussion of the, contract, it was pointed out that the following revisions needed to be made: The date of the contract should be changed from December, -1985 to February, 1986 .2. Page 2, Paragraph E, the phrase; "animal offal and carcassess and recognizable industrial by- products thereof" should be deleted. 3 Page 3, Paragraph 3, the term of the contract should be for 17 months, beginning February 1, 1986. 4. Page 4, Paragraph 6, the sum - should "be Two Hundred Nineteen Thousand Five Hund- red Eighty' -three and 22 /100th Dollars ($219,583.22) for the initial 17 months. S Page 5, First- Paragraph, the rate of compensation shall be, per 12 month period rather than per year .Following the discussion, Commissioner Shaw made a motion that the following garbage and-refuse hauling contract between Harnett County and Lester Phillips be approved with the revisions as outlined above; Commissioner,, Brock seconded the motion and it carried with a- unanimous vote: NORTH CAROLINA HARNETT COUNTY GARBAGE AND REFUSE HAULING CONTRACT THIS CONTRACT, made and entered into this day of December, 1985, by and between HARNETT COUNTY, a body politic organized and existing under the laws of the State of North Carolina, hereinafter "County ", and LESTER PHILLIPS, INC., a North Carolina corporation having its office and principal place of business in Dunn, Harnett County, North Carolina, hereinafter "Contractor ". W I T N E S S E T H: That for and in consideration of the mutual representations, warranties, covenants and agreements contained in this Contract, the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed between the County and the Contractor as follows: 1. Definitions. The following definitions shall be applicable to this Contract: A. "Solid waste containers" shall refer to forty (40) cubic yard metal receptacles similar to those currently maintained and operated by the County for the containment of solid waste. B. "Current collection sites" shall refer to those sites which are currently maintained and operated by the County for the use of its citizens in disposing of solid waste, said sites numbering six (6) and being now located at the following places with the indicated number of solid waste containers located at each: CURRENT NUMBER OF LOCATION SOLID WASTE CONTAINERS Bunnlevel 3 Johnsonville 3 Mamers 3 Buckhorn 3 Buies Creek 2 SR 1725 2 C. "Collection sites" shall refer to any sites provided by the County for the use of its citizens in disposing of solid waste similar to the "Current Collection Sites" currently maintained and operated by the County. D. "Solid waste disposal site" shall refer to any place maintained by the County at which solid wastes are disposed of by incineration, sanitary landfill, or any other methods. E. "Garbage" shall refer to all putrescible wastes, including animal and vegetable matter, but excluding sewage and human wastes. F. "Refuse" shall refer to all non - putrescible wastes. G. "Solid waste" shall refer to garbage, refuse, rubbish, trash, and other discarded solid materials commonly discarded at collection sites, but excluding any hazardous substance as defined in G.S. 143 -215. 77A, toxic substance as defined in G.S. 14 -284.2 or radioactive materials as defined in G.S. 104E -5. H. "Holidays" shall refer to New Year's Day, Easter Monday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. 2. Applicability of Harnett County Ordinances, Rules and Regulations. This Contract is subject to the Ordinances, Rules and Regulations governing the storage, collection and transportation of solid waste in Harnett County adopted by the Harnett County Board of Commissioners and /or the Harnett County Board of Health and all amendments thereto, and said Ordinances, Rules and Regulations are incorporated herein and made a part hereof as it they were set forth verbatim herein. It is agreed that County and Contractor shall abide by said Ordinances, Rules and Rugulations. 3. Term. The term of this contract shall be for a period of 18 months beginning January 1, 1986 and ending at midnight on June 20, 1987. 4. Performance Obligation of Contractor. The Contractor shall: A. Furnish all equipment and personnel for the collection of garbage, refuse and solid waste at the collection sites, and transport the same to the nearest solid waste disposal site designated by the County. It is agreed that in transporting said garbage, refuse and solid waste, Contractor shall cause its transporting vehicle or the container in which said garbage, refuse or solid waste is held, to be covered as to prevent garbage, refuse or solid waste from being dispersed from said vehicle during transportation. B. Furnish a minimum of seventeen (17) solid waste containers for use at the various collec- tion sites. The number of solid waste containers to be located at each site shall be as stated herein in the definition of "Current collection sites ". The seventeenth solid waste container shall be available to replace any solid waste container during the transportation of such solid waste container to a solid waste disposal site and its return to a collection site. C. Maintain and keep the general appearance of each collection site in a good and respectable manner, but .Contractor- _shall not be responsib sites. e for structural maintenance 6 'repair of the 5. Contract Renewal Provision. This Contract shall automatically be extended for four (4) additional terms of one (1) year each, the first such extended one -year term beginning July 1, 1987 and ending June 30, 1988, and continuing in a like manner each year thereafter.` Either party, however, may give notice in writing to,the other, not less than sixty (60) days prior to the expiration of any term, that it intends to; terminate the Contract and the Contract shall then expire at the end of that- given term. Adjustments in compensation to be paid to Contractor for any extended terms shall be as set forth in paragraph 6 below. Compensation to Contractor. The County shall pay the Contractor on the following basis: A. The total sum of Two Hundred Thirty-two Thousand Five Hundred Dollars ($232,500.00) for the initial 18 month term of this Contract, said sum being payable in equal consecutive`month- ly installments of- Twelve Thousand_Nine Hundred Sixteen and 66 /100ths Dollars (12,916.66) each, it being specifically' understood and agreed that the rate of compensation for the initia term amounts to One Hundred Fifty -five Thousand Dollars ($155,000.00) per year B. The compensation payable to Contractor by in the second and any subsequent terms hereof shall be determined' by negotiation between the County and Contractor: The -said cornpen sation shall ;be negotiated and determined not less than 90 days prior to the expiration of any term. C. Upon approval of the County Manager, the Contractor will receive reasonable additional compensation for the collection of unusual accumulations of garbage, refuse and solid waste at the- colleciton sites requiring extraordinary service resulting from severe weather, riots or civil disorders. D. The County shall endeavor to maintain and make available solid- waste disposal sites at their present location and reasonable necessary additional expenses will be paid by the County to the Contractor in the event of a material change in the location of any of the disposal sites. 7 Schedule of service.; Contractor shall make each collection site available to the public 24 hours-each day. Contractor shall pick -up and haul solid waste from the collection sites in a regular and timely fashion so as to avoid unnecessary accumulations of solid wastes at said sites, but shall not be- required` to pick up and haul said solid wastes on Sundays and holidays; provided, however that in the event of emergencies or the over capacity accumulation of solid waste in a solid waste containe the Contractor shall pick up and haul +said solid waste on. Sundays and holidays. 8. ' Additional Collection Sites -, In the event County should create additional collection sites, than those currnetly existing it is agreed that A. Contractor shall - service said additional sites pursuant to the provisions of this Contract as if said additional sites existed at the time-the Contract was entered into Contractor shall furnish such solid waste containers at the additioal sites as requested by the County. B. As compensation for servicing said additional sites, County shall pay Contractor - during the term of, this Contract $760.00 per month for each, solid waste container located at the additional collection site. 9. Relocation of Existing Collection Sites In'the event County should determine that it no longer desires to provide a collection service:at a currnet collection site, and County desires to relocate said site, the Contractor shall service said relocated collection site, with the same number of solid waste containers as previously located at the original site, pursuant to the provisions of this Contract. No additional compensation shall be paid to Contractor pursuant to this paragraph. 10. Workers Compensation' Insurance and Employee Benefits. The Contractor shall maintain appropri- ate Workers Compensation' insurance and unemployment insurance as required by law, and comply with the requirements of the Occupational Safety and Health Act, and further Comply with all State and Federal regulations regarding working conditions and employee benefits. A. The Contractor shall purchase and - maintain such insurance as will protect it from claims set forth below which may arise out of, or sesult from, the Contractor's performance of this Contract, whether such execution be by the Contractor, any subcontractor, or by anyone direct- ly or indirectly employed by any of them, or by anyone for whose acts any of them may be liabl 1. Claims under workmen's' compensation, "disability benefit and other simila benefit acts; 2. Claims for damages because death of employees; 3. Claims for damages because of bodily injury, sickness or disease, or death of any person other than employees; employee of bodily injury, occupational sickness or disease, or 4. Claims for damages insured by usual- personal injury liability coverage -which are sustained (1) by any person as a result of an offense directly, or indirectly related to the employment of such person by the Contractor, or (2) by any other person; and b 1 1 5. Claims for damages because of injury to or destruction of tangible property, includ- ing loss of use resulting therefrom. B. Certificates of Insurance acceptable to the County shall be filed with the County prior to commencement of the work. These certificates shall contain a provision that coverages afforded under the policies will not be canceled unless at least fifteen (15) days prior written notice has been given to the County. C. The Contractor shall procure and maintain, at the Contractor's own expense, during the term or terms hereof, liability insurance as hereinafter specified: 1. Contractor's General Public Liability and Property Damage Insurance including vehicle coverage issued to the Contracotr and personal injury, including death, and all claims for destruction of or damage to property, arising out of or in connection with any operations under this Contract, whether such operations be by the Contractor or by any Subcontractor employed by the Contractor or anyone directly or indirectly employed by 'the Contractor or by a Subcontractor employed by the Contractor. Insurance shall be written with a limit of liability of not less than $500,000 for all damages arising out of bodily injury, including death, at any time resulting therefrom, sustained by any one person in any one accident; and a limit of liability of not less than $500,000 aggregate for any such damages sustained by two or more persons in any one accident. Insurance shall be written with a limit of liability of not less than $200,000 for all property damage sustained by any one person in any one accident; and a limit of liability of not less than $200,000 aggregate for any such damage sustained by two or more persons in any one accident. 2. The Contractor shall procure and maintain, at the Contractor's own expense, during the term or terms hereof, in accordance with the provisions of the laws of the state in which the work is performed, Wrokmen's Compensation Insurance, including occupational disease provisions, for all of the Contractor's employees at the site of the project and in case any work is sublet, the Contractor shall require such subcontractor similarly to provide Workmen's Compensation Insurance, including occupational disease provisions for all of the latter's employees unless such employees are covered by the protection afford- ed by the Contractor. In case any class of employees engaged in hazardous work under this contract at the site of the project is not portected under Workmen's Compensation statute, the Contractor shall provide,and shall cause each subcontractor to provide, adequate and suitable insurance for the protection of its employees not otherwise protect- ed. 12. Indemnification. The Contractor shall indemnify and save the County harmless from any claim, liability or loss arising from any act or failure to act on the part of the Contractor or any of its agents and employees in the performance of this Contract. The County shall indemnify and hold the Contractor harmless from any and all claims and demands which might result from a structural defect at the colleciton sites, it being understood by the parties that the County is the owner and /or lessee of each said collection site and is responsible for the structural maintenance of same. 13. Enforcement of Laws and Ordinances. Upon notification to the County by the Contractor of violations of laws and /or ordinances regarding the dumping of garbage, refuse and solid waste and /or unlawful damage or destruction to Contractor's equipment or solid waste containers at the collection sites, the County shall take such steps as are reasonable necessary to enforce said laws and ordinances and in preventing damage or destruction to Contractor's equipment and containers at said collection site 14. Promotion of Good Will. The Contractor agrees to perform the collection and hauling service timely and in a workmanlike manner and make every reasonable effort to immediately correct deficiencies. Complainants shall be treated courteously and fairly, and if their requests are not within the require- ments of this contract, they shall be so informed. The Contractor shall emmediately notify the County Manager of the complaint. 15. Assignment. The Contractor shall not assign this contract with out the prior written approval of the County. 16. Modifications. No modification or waiver of any provision of this contract shall be valid unless in writing signed by the parties. 17. Severability. If for any reason any provision hereof shall be inoperative, the validity and effect of all other provisions shall not be affected thereby. 18. Arbitration. Any controversy or claims arising out of or relating to this Contract or alleged breach thereof shall be settled by three (3) arbitrators in accordance with the Rules of Uniform Arbitra- tion Act (Chapter 1, Article 45A, North Carolina General Statutes) and judgment upon the award entered in any court of competent jurisdiction thereof. Upon the occurrence of any controversy or claims aris- ing out of or relating to this Contract or the alleged breach thereof, the party aggrieved shall cause a notice to be mailed to the other party setting forth the matter in contention. The notice shall be mailed by certified mail, return receipt requiested. The address for each party is set forth herein. Each of the parties shall select one arbitrator within ten (10) days from the date notice is mailed, and the two (2) arbitrators shall select one (1) arbitrator within ten (10) days. If the two arbitrators are unable to select the third arbitrator within ten (10) dyas, the Clark of Superior Court of Harnett County will make the appointment upon application of either party. 19. Address. The adress of each party and to which any notice required hereunder shall be mailed is as follows: 672 County Manager P. 0. Box 759 Lillington, NC 27546 Lester Phillips, Inc. 910'S. Clinton Avenue Dunn, NC 28334 20. - Entire Agreement and Binding Effect. This Writing contains the entire agreement of the partie and shall be binding upon the parties hereto, their successors, assigns and legal representatives. 21. Miscellaneous.- The plural shall be substituted for the singular and plural wherever :the content hereof requires. 22. Duplicate Originals. This contract is executed in duplicate originals retained by each party hereto.. the.singular for the one of which is IN, TESTIMONY - WHEREOF, County has caused this Contract to be signed in.its name by the Chairman of the Harnett County Board of Commissioners and attested by the Clerk to said Baord, and sealed with the common seal of said County, all under authority granted by the' Harnett County Board of Commissioners and Contractor has caused this Contract to be signed in its Corporate name by its President and attested by its Secretary, and sealed with the corporate seal of said Corporation, all under authority granted by the corporation, this the day of December, 1985. ATTEST: s /Vanessa W Young Clerk ATTEST: LINWOOD CLARK SUBDIVISION PLAT TAX COLLECTOR'S REPORT RELIEF FROM LATE LISTING PENALTY FOR A.G.A. GROUP BUDGET AMENDMENT: AMBULANCE SERVICE BUDGET AMENDMENT INDUSTRIAL DEV. HARNETT.COUNTY BOARD OF COMMISSIONERS s /Jesse Alphin Chairman LESTER PHILLIPS, INC. Ervin Dobson presented for the Board's consideration a subdivision plat owned by -- Linwood Clark, located in Black River Township. Following,a discussion, Commission- er Collins made a motion the the foregoing' plat be approved; Commissioner Shaw seconded the motion and it carried with a- unanimous vote. Terry ° L. Wade, Tax Collector, presented to the'Board the report on the acitivities of the tax collections office for the month of December and their plans for January. Mr. Wade, Tax Supervisor, requested the'A.G.A. Group T/A Comfort Inn in Dunn be relieved from a late listing penalty. Mr. Wade explained thattthe'County had received a written letter from the Group statei:ng the A:G:A, group purchased the property (the Regency Inn) on December 11, 1984, and immediately ceased all opera- tions. After a period of renovations they, opened as the Comfort Inn of Dunn on April 11, 1985. When they contacted the Harnett County tax office, they learned that the necessary tax forms they needed to`list their property was sent to the previous -owner in Goldsboro and the previous owner did.not forward the forms, to them. The tax office upon their request, sent them the proper forms to be filled out, which they did and mailed the forms back in to the tax office. When they received the tax notice, it had late listing penalties totaling of $1,300 - . Follow ing a discussion, Commissioner'Shaw made a motion that the A:G:A. Group be relieved of the late listing penalties; Commissioner Stewart seconded the motion and it carried with a- unanimous vote, Commissioner Shaw made 'a motion that the following two budget amendments Commissioner Collins seconded the motion and it carried with a' unanimous be approve ; vote: Ambulance Service, Code 10-5400-03; Part -time Salaries, be increased by $100 reflecting a contribution the ambulance service received from Carolina Telephon and Telegraph.- Industrial Development Office, Code 7100 -033, Materials and Supplies, be in- creased by $700.' Code 7100 -160, Contingency, be decreased by $700. LETTERS & PETITION RE: PROPOSED MOBILE HOME PARK ORDINANCE Commissioner Rudy Collins presented to the Board and read in full the following letters and petition conerning the County's proposed manufactured home ordinance and requested the documents be inserted in full in the minutes: DOCUMENT NO. 1: Letter from Harnett County Farm Bureau Board of Directors Dear Harnett County Commissioners: The Harnett County Farm Bureau Board of Directors represent 2500 or more families within the county's boundaries. It has always been our policy to promote a well - planned, positive development. We have become increasingly concerned with homes being made available for our citizen We recognize that manufactured homes are the only way many people can afford to rent or purchase a place to live. We are not as concerned with this as we are the manner in which they are allowed to be set up for occupancy. We feel that the ordinance proposed by the Harnett County Planning Board would regulate manufactured home parks. Therefore we strongly endorse the adoption and enforcement of this ordinance. We further recommend that more immediate attention be given to total development of our county. We would like to see well - planned and coordinated total developemnt for the betterment of all our citizens. Sincerely, s /Carson Gregory, President Harnett County Farm Bureau Federation BOARD OF DIRECTORS Carson Gregory, President, Rt. 2, Angier 27501 W.J. Cotton, V. Pres., P. 0. Box 5, Kipling 27543 Dan Andrews, Secretary, Rt. 2, Box 344A, Fuquay - Varina 27526 Joseph Andrews, Rt. 2, Fuquay - Varina 27526 Charles E. Bain, Rt. 1, Bunnlevel 28323 Roy H. Byrd, Jr., Rt. 1, Box 40, Bunnlevel 28323 Johnny Chalmers, Rt. 2, Box 282, Cameron 28326 Ralph Johnson, Rt. 2, Fuquay - Varina 27526 Van Leaird, Rt. 3, Lillington, NC 27546 Alvin Newton, Rt. 1, Lillington, NC 27546 Iva Newton, Rt. 1, Lillington, NC 27546 Rupert Parrish, Rt. 1, Box 175, Benson 27504 Hoke Smith, P. 0. Box 86, Kipling 27543 Dorothy Smith, P. 0. Box 86, Kipling 27543 Henry M. Tyndall, Rt. 1, Box 434, Spring Lake 28390 J. B. Britt, Rt. 2, Box 265, Angier 27501 Dwight Stephenson, Rt. 3, Box 53, Angier 27501 William M. Harper, Rt. 1, Fuquay - Varina 27526 DOCUMENT NO. 2: Petition from the Citizens of Buckhorn Township The citizens of Buckhorn Township are very disturbed about the way mobile home parks are allowed to be developed in our area of Harnett County. We would like to see some positive action taken by our governing body (county commissioners) to alleveviate this situation. We recommend the adoption of the ordinance proposed by Harnett County's Planning Board of manufactured home parks. We further recommend strict enforcement of the ordinance once it is adopted. We the undersigned support this ordinance: (27 signatures recorded on the petition) DOCUMENT NO. 3: Petition from the Citizens of Hectors Creek Township The citizens of Hectors Creek Township are very disturbed about the way mobile home parks are allowed to be developed in our area of Harnett County. Would like to see some positive action taken by our governing body (county commissioners) to alleviate this situation. We recommend the adoption of the ordinance proposed by Harnett County's Planning Board for manufactured home parks. We further recommend strict enforcement of the ordinance once it is adopted. We the undersigned support this ordinance: (65 signatures recorded on the petition DOCUMENT NO. 4: PETITION FORM THE CITIZENS OF BLACK RIVER TOWNSHIP The citizens of Black River Township are very disturbed about the way mobile home parks are allowed to be developed in our area of Harnett County. We would like to see some positive action taken by our governing body (county commissioners) to alleviate this situation. We recommend the adoption of the ordinance proposed by Harnett County's Planning 674 Board for manufactured home parks. We further recommend strict enforcement of the ordinance once it is adopted. We the undersigned support this ordinance: (36 signatures recorded on the petition) AMBULANCE REPORT A copy of the ambulance report for the month of December, 1985, was filed with the Board. ADJOURNMENT There being no further business, the Harnett County Board of Commissioners meeting of January 6, 1986, duly adjourned at 11:45 a.m. Clerk 7)) - 7r-ei