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02171986HARNETT COUNTY BOARD OF COMMISSIONERS MEETING OF FEBRUARY 17, 1986 CALL TO ORDER PRAYER ADOPTION OF SEAL FLAG $ COLORS The Harnett County Board of Commissioners met in regular session on Monday, February 17, 1986, in the Commissioners Room, County Office Building, Lillington, North Carol- ina, 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; Dallas Pope, Assistant County Manager; 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 7:10 p.m. Commissioner Bill Shaw led the evening prayer. Following comments by representatives serving on Harnett County's Four Hundredth Anniversary Committee, Commissioner Brock moved for the approval of the following resolutions officially adopting the Seal, Flag, and Colors for Harnett County; Com- missioner Collins seconded the motion and it carried with a unanimous vote: HARNETT COUNTY, NORTH CAROLINA. RESOLUTION NOW, THEREFORE, BE IT RESOLVED THAT THE HARNETT COUNTY BOARD OF COMMISSIONERS hereby approve and adopt the official seal for the County of Harnett as follows: The seal is twenty -four inches in diameter, and its design is a representation of the figures of Liberty and Plenty, looking toward each other, but not more than half fronting each other, and otherwise disposed as follows: Liberty, the first figure, standing, her pole with cap on it in her left hand and a scroll with the word "CONSTITUTION" inscribed thereon in her right hand; Plenty, the second figure, sitting down, her right arm half extended toward Liberty, with tobacco leaf in her right hand, and in her left the small end of her horn, the mouth of which is resting at her feet, and the contents of her horn rolling out. The background on the seal shall contain a depiction of mountains running from left to right to the middle of the seal. A side view of a three - masted ship shall be located on the ocean and to the right of Plenty. The date "February 7, 1855" shall appear within the seal and across the top of the seal. Around the circumference is the legend "Board of Commissioners, Harnett County, North Carolina ". No other words, figures or other embellishments shall appear on the seal. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE HARENTT COUNTY BOARD OF CODM4IS- SSIONERS that the said seal hereby adopted is to be used by and for the County of Harnett as its official seal, and no person, business, firm, corporation, organization or other entity shall use or attempt to use said seal for any purpose whatsoever without the prior written consent of the Harnett County Board of Commissioners. Duly adopted this the Seventeenth Day of February, 1986. ATTEST: s /Vanessa W. Young Clerk HARNETT COUNTY BOARD OF COMMISSIONERS s /Jesse Alphin Chairman 7 HARNETT COUNTY, NORTH CAROLINA. RESOLUTION BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS that the following described flag shall hereafter be the official flag of Harnett County: The Flag of Harnett County shall consist of a Blue Field with the Family Crest of Cornealius Harnett in the centre, and with the inscription, below the crest, in a semi - circular banner, of "HARNETT COUNTY "; and the length of the flag shall be seventy -five inches with a width of forty -nine inches. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS that the said flag hereby adopted is to be used by and for the County of Harnett as its official flag, and no person, business, firm, corporation, organization or other entity shall use or attempt to use said flag for any purpose whatsoever without the prior written consent of the Harnett County Board of Commissioners. Duly adopted this the Seventeenth Day of February, 1986. ATTEST: s/ Vanessa W. Young Clerk HARNETT COUNTY, NORTH CAROLINA. HARNETT COUNTY BOARD OF COMMISSIONERS s /Jesse Alphin Chairman RESOLUTION BE IT RESOVLED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS THAT the official colors of Harnett County shall hereafter be the Blue, White, and Red shades appearing in the County of Harnett flag. Duly adopted this the Seventeenth Day of February, 1986. HARNETT COUNTY BOARD OF COMMISSIONERS s /Jesse Alphin ATTEST: s /Vanessa W. Young Clerk Chairman CONTRACT $ AGREE. Attorney John M. Phelps presented for the Board's consideration a contract and A.C. FIRE F, RESC. agreement between Harnett County and Anderson Creek Fire and Rescue, Inc., in refer- ence to Anderson Creek obtaining a loan from Farmers Home in the amount of $150,000. Following a discussion, Commissioner Shaw moved for the adoption of the following contract and agreement; Commissioner Stewart seconded the motion and it carried with a unanimous vote: NORTH CAROLINA CONTRACT AND AGREEMENT HARNETT COUNTY THIS CONTRACT AND AGREEMENT, made and entered into this the seventeenth day of February, 1986, by and between the COUNTY OF HARNETT, party of the first part, also referred to as County and the ANDERSON CREEK FIRE AND RESCUE, INC., party of the second part, also referred to as Fire Department: W I T N E S S E T H THAT WHEREAS, N. C. Gen. Stat. 69 -25.5 provides that counties may provide for fire protection in a fire district by contracting with any incorporated nonprofit volunteer or community fire department; and WHEREAS, N. C. Gen. Stat. 159 -13 et. seq. provides that the budget ordinance may be in any form that the Board of Commissioners of Harnett County deems most efficient in enabling it to make the fiscal policy decisions embodied therein, but it shall be so orgnaized that the accounting system will show appropriations and revenues by line items within at least certain funds including a fund for each special district whose taxes are collected by the County of Harnett; and WHEREAS, the party of the second part is a nonprofit corporation organized for fire protection purposes; and WHEREAS, it serves a special tax district created by a vote of the people; and WHEREAS, it is desirous to make application to the United States of America, acting through the Farmers Home Administration, United States Department of Agricul- tural, hereinafter referred to as the Farmers Home Administration for a loan in the amount of One Hundred Fifty Thousand ($150,000.00) Dollars; and WHEREAS, the County of Harnett levys and collects the taxes and is responsible for appropriating said funds for the use and benefit of the citizens in the fire protection 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 County desires to standardize all its arrangements with Fire Districts in the County; WHEREAS, the County now assesses and levies a special tax in the amount of fifteen (15¢) cents per one hundred dollar valuation of all real and personal pro- perty in the Anderson Creek Fire District, and by the terms hereof agrees to con- tinue to assess or levy said tax for the term and purposes herein stated. NOW, THEREFORE, in consideration of the premises and for the further consider- ation 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 continue to cause to be assessed or levied a special tax of up to fifteen (15¢) cents per one hundred dollar valuation of all real and personal property in the Anderson Creek Fire District (which is served by the party of the second part) 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; and said collection shall continue with the fiscal year 1985 -1986. The amount levied annually shall be based on the needs projected in the budget estimate submitted by the Fire Department of the County and approved by the County Commissioners. 2. That a special or separate fund shall be maintained by the county for funds collected as a result of said special tax. 3. That current taxes, as they are collected by the county, shall be paid to Anderson Creek Fire and Rescue, Inc. by the 31st day of each month; that delinquent taxes shall be remitted quarterly. 4. The party of the second part shall provide the necessary equipment and personnel for furnishing adequate fire protection as determined by the North Carolina Department of Insurance, Fire and Rescue Service Division, for all property located within the Anderson Creek Fire District, and it will furnish said fire protection free of charge to all persons and individuals located in said District in an effi- cient and workmanlike manner. 5. That all funds paid to the party of the second part by the party of the first part shall be used exclusively to provide fire protection within said Anderson Creek Fire District, and to pay other legitimate fire protection expenses including principle and interest on the aforementioned loan made by the Farmers Home Adminis- tration. 6. It is agreed that the party of the first part may inspect all books and accounts for the party of the second part at any time that it shall desire; it is further agreed that the Fire District 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. 7. The party of the second part agrees to comply with County budgeting proce- dures provided for by State Law and agrees to submit budget estimates to the Board of Commissioners on the standard forms used by county departments; the party of the second part also agrees to use standard line items for accounting devised or con- sented to by the County Accountant from time to time. 8. This contract shall extend for a term of twenty (20) years form the date of the Farmers Home Administration loan closing and may be renewed or extended for such term or terms as may be agreed upon by the Fire Department and the County, and may not be transferred or assigned without written consent of the county. 9 9. The party of the second part further agrees to file with the County Auditor 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 citizens of the community to participat in the affairs of the corporation at least an annual meeting and vesting in a Board of Directors the authority to manage the affairs of the corporation without a vote of the membership to the extnet permitted by N.C. Gen. Stat. Chapter 55A, the North Carolina Nonprofit Corporation Act. IN TESTIMONY WHEREOF, the party of the first part has caused this instrument to be executed by the Chairman of the Board of Commissioners and attested by the Clerk of the County Board of Commissioners, and the party of the second part has caused this instrument to be signed in its name by its president, attested by its Secretary, and its corporate seal hereto affixed, all by order of its Board of Directors duly given. ATTEST: s /Vanessa W. Young Clerk ATTEST: s /Burr Webster Secretary COUNTY BOARD OF COMMISSIONERS s /Jesse Alphin Chairman ANDERSON CREEK FIRE AND RESCUE, INC. s /Geroge T. Fitzpatric President Several residents from the Anderson Creek community appeared before the Board and expressed their concerns regarding the need for more law enforcement protection in this community and regarding the proposed closing of the Mid -South Bank Branch Office on Ray Road. The Board thanked the residents for taking the time to come to the Board meeting tonight and for sharing their concerns and proposals. The Chairman indicated that the Board would take these matters under consideration. PROCLAMATION RE: Commissioner Brock moved for the adoption of the following proclamation designating LOCAL GOVERNMENT the week of February 23 -28, 1986, as County Government Week in Harnett County; WEEK Commissioner Stewart seconded the motion and it carried with a unanimous vote: HARNETT COUNTY, NORTH CAROLINA. PROCLAMATION North Carolina county government has served the citizens of the state since 1663 when the County of Albemarle was authorized by King Charles II. Today, there are 100 counties in North Carolina providing services to more than six million people. As the population has increased and service needs have undergone major changes, the role of county government has evolved to meet those demands. Counties are active partners in the governmental structure of this state and the nation. They are responsible for a growing number of services: social services, health care, mental health, libraries, veteran's services, tax assessment and col- lection, planning and zoning, parks and recreation, water and sewer services, ambu- lance services, sheriff's departments, deed registration, building inspections, and agricultural extension. They also provide funding for local schools. Many of these programs are mandated by state and federal law, but are administered and /or funded by counties. County officials remain dedicated to providing as many of the needed services as possible without placing an undue burden on local taxpayers. Counties throughout the years have contributed to North Carolina's tradition of good government. The elected and appointed officials in county government take great pride in serving the citizens of this County and in being directly involved in shaping the future of Harnett County and North Carolina. 10 NOW, THEREFORE, I, Jesse Alphin, Chairman of the Harnett County Board of Com- missioners do hereby proclaim the week of February 23 through February 28, 1986, as "County Government Week" in Harnett County, and urge citizens across the County to learn more about county government's role in our lives and to be more involved as county citizens. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the County o£ Harnett, this the Seventeenth Day of February, 1986. HARNETT COUNTY BOARD OF COMNIISSIONERS s /Jesse Alphin Chairman ATTEST: s /Vanessa W. Young Clerk ADD ROAD AT LAFAY- Commissioner Brock made a motion to adopt a resolution requesting the Board of ETTE SCH. TO STATE Transportation to create and add to the State System for Maintenance a connecting SYSTEM road between SR 1454 and SR 1443 at Lafayette School to serve as a bus access road; Commissioner Collins seconded the motion and it carried with a unanimous vote. REALLOCATION OF FUNDS IN HEALTH DEPT. SOCIAL SERVICES ANNUAL REPORT BUDGET AMENDMENT LIBRARY TO MATCH STATE GRANT METRO BOARDS ADDED TO PUBLIC L ILITY INS. Henry Thompson, Director of Health, explained to the Board that in planning the Health budget for the F.Y. 1985 -86, he appropriated funds to be received through the Council on Aging Program for health screening. The health screening program requires a thorough physical in order for the county to draw down eligible funding. Mr. Thompson explained that most of the senior citizens did not wish to get a complete physical, and he was therefore unable to receive reimbursement. He stated he would like to transfer: these unused funds from the health screening appropriations to home health program in order to hire two Homemaker /Home Health Aides. Mr. Thompson stressed that no additional county funds would be needed for these positions in this fiscal year; and he would receive sufficient funding through federal /state grants and medicaid /medicare /private insurance to fund the positions through F. Y. 1986 -87 without requesting an increase in the county's participation. Following a discussion Commissioner Stewart made a motion that Mr. Thompson is hereby authorized to reallo- cate these funds in order to create two positions for the home health program; Com- missioner Shaw seconded the motion and it carried with a unanimous vote. Jack Bryan, Director of Social Services, presented to the Board the first annual report on the operations of the Social Services Department. Gordon Springle, Chairman of the Library Board, appeared before the Commissioners and requested funding from the County to match 50/50 a grant from the State to purchase furniture for the new library. Following a discussion, Commissioner Collins made a motion that the. County Manager is authorized to amend the library budget by the necessary fund in order to match 50/50 the state grant for the purchase of furniture for the new library; Commissioner Shaw seconded the motion and it car- ried with a unanimous vote. Mr. Brock informed the Board that he had received a written request from Marshall Woodall, Attorney for the Buies Creek -Coats Advisory Council, requesting that the County add the six members serving on this advisory council to the County's public liability policy. Mr. Brock also stated that the six members of the Northeast Metro- politan Water Board are not included on the County's policy. Following a discussion, Commissioner Brock made a motion that the members of the Buies Creek -Coats Advisory Board and the Northeast Metropolitan Water District Board be added to the County's public liability insurance with The Hunt Agency; Commissioner Stewart seconded the motion and it carried with a unanimous vote. MOBILE HOME PER- Commissioner Shaw reported that at the Board of Commissioners meeting of January 20, MIT FEE SET 1986, the Board set a fee of $30 payable to the administrative official to cover the necessary processing costs of all mobile home permits and licenses until the committee, which was also appointed by the Board at its January 20 meeting, could establish a permanent fee. Commissioner Shaw stated that the Committee met on February 3, 1986, and it is their recommendation that the fee remain at $30 as set by the Board. Commissioner Shaw made a motion that the Board accept this recommenda- tion of the Committee and that the fee be set at $30; Commissioner Collins seconded the motion and it carried with a unanimous vote. POWERLINE RELO- Dallas Pope, Assistant Manager, presented to the Board for consideration an extension CATION AT AIRPORT agreement between the County and Carolina Power and Light concerning the powerline relocation project at the Airport. Commissioner Collins made a motion that the following extension agreement be adopted; Commissioner Shaw seconded the motion and it carried with a unanimous vote: 11 NORTH CAROLINA EXTENSION AGREEMENT HARNETT COUNTY THIS EXTENSION AGREEMENT is made and entered into this 17th day of February, 1986 by and between HARNETT COUNTY, a body politic organized and existing uner the laws of the State of North Carolina (hereinafter referred to as "County ") and CAROLINA POWER $ LIGHT COMPANY, a corporation duly operating in the State of North Carolina 9hereinafter referred to as "Company "). WITNESSETH: THAT WHEREAS, on September 19„1983, County and Company entered into an Agreement regarding adjusting the location of Company's Cape Fear -Erwin 115 kV transmission line to accommodate the enlargement and extension of a runway at the Harnett County Airport so as to meet directions of the Federal Aviation Administration; and WHEREAS, said Agreement of September 19, 1983, provides that all work required thereunder to be performed by Company should be completed not later than December 31, 1985, unless such terms of completion shall be extended in writing by County upon request of Company; and WHEREAS, pursuant to said Agreement Company has requested that the terms of completion be extended and County has agreed to do so. NOW THEREFORE, in consideration of the foregoing and the faithful performance by each party of the mutual covenants and agreements set forth, it is agreed that: Pursuant to Article III of the Agreement entered into between County and Company on September 19, 1983, the terms of completion thereunder are hereby extneded for a period of twelve (12) months from December 31, 1985 up to and including December 31, 1986. This Agreement is executed in duplicate originals. This the 17th day of February, 1986. HARNETT COUNTY s /Jesse Alphin Chairman ATTEST: s /Vanessa W. Young Clerk CAROLINA POWER $ LIGHT COMPANY President ATTEST: Secretary INSP. F, AMB. SER. Copies of the reports on the Inspections Department and Ambulance Services for the 'EPORTS month of January were filed with the Board. TUDEBAKER Commissioner Collins presented to the Board a petition from the citizens in the Rawls ROSSROADS Church community requesting that the crossroads at the intersection of SR 1446 and SR 1415 be named Studebaker crossroads. Commissioner Collins made a motion that the Board approve this petition and convey it to the Department of Transportation; Commissioner Shaw seconded the motion and it carried with a unanimous vote. BUDGET AMENDMENT Commissioner Brock made a motion that a budget amendment to the Tax Department, (TAX DEPARTMENT Code 10- 4500 -045, increasing contracted services by $32,000 be approved; Commissioner Stewart seconded the motion and it passed with a unanimous vote. The budget amend- ment is for the base mapping project. DJOURNMENT There being no further business, the Harnett County Board of Commissioners meeting of February 17, 1986, duly adjourned at 9:30 p.m Secretary - t rman liviA .u�_ // lerk