11161987434
HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, NOVEMBER 16, 1987
CALL TO ORDER
PRAYER
MINUTES APPROVED
GRAVEL TRUCKS ON
S.R. 1406
U.S. MARSHALL'S OFF.
HOME HEALTH ON -CALL
PAY
PETITION RE: FLAT
BRANCH FIRE DEPT.
The Harnett County Board of Commissioners met in regular session on
Monday, November 16, 1987, at the County Office Building, Lillington,
North Carolina, with the following members present: Rudy Collins, Bill
Shaw, Mack Reid Hudson, Mayo Smith, and Chairman Lloyd G. Stewart
presiding. Others present were: Dallas H. Pope, County Manager; Vanessa
W. Young, Clerk to the Board; Glenn Johnson, County Attorney, and Kay S.
Blanchard, Recording Secretary.
Chairman Stewart called the meeting to order at 7:00 p.m.
Commissioner Collins led the evening prayer.
The minutes from the Board of Commissioners meeting of November 2, 1987,
were approved.
Mrs. Brenda Lett, spokesperson for approximately 120 citizens from the
Duncan area in attendance at the Board meeting, requested support from the
Board to prohibit usage of SR 1406 by gravel trucks from proposed mining
site in Wake County. The following citizens from the Duncan area also
appeared before the Board and requested their support: Mr. Bob Kinton,
Mr. E.C. Bissette, Mr. L.V. Pegram, Mrs. Ann Carroll, Mr. Michael Chapman,
Mr. Mark Carroll, Mrs. Betty Bissette, Mr. Mitchell Chase, and Mrs. May
Hasbrook. Commissioner Collins made a motion to authorize the Chairman of
the Board of Commissioners to sign a resolution supporting the request of
the citizens, and for the resolution to be forwarded the North Carolina
Department of Transportation. Commissioner Shaw seconded the motion and
it passed with a unanimous vote.
William I. Berryhill and William H. Dickinson, U.S. Marshal's Office,
appeared before the Board to discuss proposed agreement between Harnett
County and U. S. Marshal's Office for housing of federal prisoners.
Commissioner Hudson made a motion for the County to enter into contract
with the Marshall's Office. Commissioner Smith seconded the motion. The
motion failed with vote of ayes 2, noes 3.
Dallas H. Pope, County Manager, presented request for support from the
Knights of Columbus. Commissioner Collins made a motion that the request
be denied. Commissioner Shaw seconded the motion and it passed with a
unanimous vote.
Henry Thompson, Health Department Director, requested pay for on -call
service for Home Health nurses. Commissioner Hudson made a motion to
approve the following fee schedule:
Payment for being on -call $50.00
Payment for each visit while on -call 23.00
Additional pay for a workday holiday 15.00
(example: $30 for Thanksgiving Holidays,
$30 or $45 for Christmas)
and to approve the following budget amendment to reflect payment to nurses
retroactive to October 1, 1987:
code 10- 7610 -002 salaries $9,261 increase
code 10- 7610 -005 FICA 696 increase
code 10- 7610 -007 retirement 466 increase
Commissioner Smith seconded the motion and it passed with a unanimous
vote.
Holt Felmet, representing Flat Branch Volunteer Fire Department, Inc.
Board of Directors, presented petition and request to expand the fire
district. Commissioner Shaw made a motion to accept the petition as
presented; to have Tax Department verify property owner's names listed on
petition, and to set a public hearing for December 21, 1987, at 7:00 p.m.
at Harnett County Office Building. Commissioner Collins seconded the
motion and it passed with a unanimous vote.
Glenn Johnson briefed the Board on proposed Coats -Grove Special Service
District stating that a referendum has been set for March 7, 1987.
BUD. AMEND. TAX DEPT. Bobby Wicker, Tax Administrator, requested a budget amendment for
code 10- 4500 -004, Professional Services, increase of $5,000. The budget
amendment is needed due to increase of work by Tax Attorney for collection
of delinquent taxes. Commissioner Collins made a motion to approve the
budget amendment. Commissioner Hudson seconded the motion and it passed
with a unanimous vote.
TAX REFUNDS
Bobby Wicker, Tax Administrator, requested the following tax refunds:
1. Naomi Fortenberry, Rt. 2, Box 215, Lillington, NC $1,252.45
2. James Fred Wade, Rt. 3, Box 332 -H, Angier, NC 78.54
435
BUDGET AMEND.
JAIL
BUDGET AMEND.
COMMUNICATIONS
BUDGET AMEND.
JURY COMMISSION
BUDGET AMEND.
CLASS. STUDY
REGION "M"
REAPPOINT. DELE.
TO REGION "M"
NEW FACILITY -
CCTC-HCC
LEASE AGREEMENT
DUNN AREA 200
MONTHLY REPORTS
3. Rodney Lewis Yarborough and wife Darlene S. Yarborough,
Rt. 1, Box 357, Broadway, NC
4. Dennis & Eloise Boyette, c/o First Federal Savings
& Loan, Dunn, NC
5. Baptist Children's Homes of NC, Inc.,
P. 0. Box 338, Thomasville, NC
6. Teddy & Sheila Byrd, P. 0. Box 778, Lillington, NC
7. C. F. Lucas, Heirs, c/o J.C. Wilbourne
Rt. 1, Erwin, NC
143.52
94.92
396.25
101.99
18.04
Commissioner Smith made a motion to approve all of the above listed tax
refunds. Commissioner Hudson seconded the motion and it passed with a
unanimous vote.
Larry Knott, Operations Officer, Sheriff Dept., requested a budget
amendment to the Jail budget to provide funds for part -time salary for
jailors and cooks based on fill -in for position vacancies and leave
schedule; code 10 -5120 -003, Salaries & Wages - part -time, increase of
$20,000. Commissioner Collins made a motion to approve the budget
amendment. Commissioner Smith seconded the motion and it passed with a
unanimous vote.
Larry Knott, Operations Officer, Sheriff Dept., requested a budget
amendment to the Communications budget to provide funds for part -time
salary line item increase due to permanent position vacancies and other
unforeseen requirements; code 10 -5110 -003, Salaries & Wages - part -time,
increase of $13,000. Commissioner Collins made a motion to approve the
budget amendment. Commissioner Smith seconded the motion and it passed
with a unanimous vote.
Dallas H. Pope, County Manager, requested a budget amendment for Special
Appropriations for expenses incurred for jury commission; code 10- 8700 -164,
Jury Commission, increase of $4,000. Commissioner Smith made a motion to
approve the budget amendment. Commissioner Shaw seconded the motion and
it passed with a unanimous vote.
Dallas H. Pope, County Manager, requested a budget amendment for Special
Appropriations for code 10- 8700 -158, Classification Study- Region "M ",
increase of $4,848. This is a carry forward amount according to contract
with Region "M" for Personnel /Pay and Classification Plan. Funds were not
expended in last year's budget. Commissioner Smith made a motion to
approve the budget amendment. Commissioner Shaw seconded the motion and
it passed with a unanimous vote.
Commissioner Hudson made a motion to reappoint Commissioner Mayo Smith
delegate to Region "M" Council of Governments for 1988. Commissioner Shaw
seconded the motion and it passed with a unanimous vote.
Commissioner Shaw made a motion that the funding documents associated with
construction of a new facility on the Harnett County CCTC campus for
providing $350,000. of local funding be approved and also a budget
amendment in the amount of $350,000. be approved under Special
Appropriation, 10- 8700 -165 for $350,000. for construction of new
facility. Commissioner Hudson seconded the motion and it passed with a
unanimous vote.
Glenn Johnson, County Attorney, presented for consideration, a lease
agreement between Harnett County and The Dunn Areas Committee of 200, Inc.
Commissioner Smith made a motion to approve the lease agreement.
Commissioner Shaw seconded the motion and it passed with a unanimous vote.
The lease agreement is copied in full at the end of these minutes dated
November 16, 1987, as document No. 1.
Monthly reports for October were presented to the Board from the Sheriff's
Department, Tax Department, Health Department, Ambulance Service, and
Inspections.
DOROTHY POPE Commissioner Smith made a motion that a letter of appreciation from the
PRAISED - COMMUNITY Board be sent to Mrs. Dorothy Pope for her outstanding work as chairman of
PRIDE this year's Community Pride. Commissioner Hudson seconded the motion and
it passed with a unanimous vote.
ADJOURNMENT There being no further business, the Harnett County Board of Commissioners
meeting of November 16, 1987, duly adjourned at 9:30 p.m.
/
Loyd . Stewart, Chairman
Vanessa W. Young, Cl rk td"the Board
lanchard, Recording Sec.
438
DOCUMENT-NOT-1:
NORTH CAROLINA,
HARNETT COUNTY..
LEASE AGREEMENT
THIS LEASE AGREEMENT, Made and entered into as of the
day of , 1987, by and between HARNETT COUNTY, a body
politic and corporate organized and existing under the laws of
the State of North Carolina, Front Street, Lillington, North
Carolina, party of the first part, hereinafter called "Lessor,"
and THE DUNN AREA COMMITTEE OF 200, INC., a nonprofit corporation
organized and existing under the laws of the State of North
Carolina, Magnolia Avenue, Dunn, North Carolina, party of the
second part, hereinafter called "Lessee ";
W ITN E S S E T H:
That Lessor, in consideration of the agreements and cove-
nants hereinafter set forth to be fulfilled by Lessee, does
hereby demise and lease to said Lessee, for a period ending April
15, 1993 plus the remaining term of any sublease then in effect
upon the below described premises as hereinafter set forth, and
beginning on the day of , 19_, the below
described premises, to wit:
A parcel of land situate and being in Averasboro
Township, Harnett County, North Carolina, comprised of
a block or square in the Town of Dunn, North Carolina,
bounded on the north by Bay Street; on the east by
Magnolia Avenue; on the south by Canary Street; and on
the west by Clinton Avenue, the same being a lot 300
ft. by 300 ft. in size and being the land described in
the deed of P. T. Massengill and wife and others.regis -
tered in Book 198, Page 290, in the office of the
Register of Deeds of Harnett County.
The above described property is the Third Tract in the
deed from the Board of Trustees of Dunn Graded School
District to the Board of Education of Harnett County
dated June 15, 1927, and recorded in Book 222, Pages
356 -357, Harnett County Registry.
And being the same lands conveyed to Harnett County by
Board of Education of Harnett County by deed dated
April 14, 1987, and recorded in Book 840, at Page 813,
Harnett County Registry.:
Such lease shall be on the following terms and conditions:
1. Lessee shall have use of the above described property
pursuant to the terms and conditions hereof without rental
charge.
2. Lessee shall use the above described premises only for
the purpose of maintaining a small business incubator facility as
described in the Incubator Facilities Program created by the
North Carolina Legislature in 1983. Said facility shall be main-
tained pursuant to rules and guidelines established by the staff
and Board of Directors of the North Carolina Technological
Development Authority and in accordance with the incubator
facility contract between the Lessee and said Authority executed
by the Lessor on October 26, 1987. If said premises are used for
any other purpose whatsoever, this lease shall be terminable at
the option of the Lessor without notice.
43?
3. Lessee shall return the above described premises to
Lessor at the expiration of this lease in as good condition as
when it first occupied the same, ordinary wear and tear excepted.
Lessee shall be solely and exclusively responsible for all main-
tenance, repair and upkeep of the subject premises, and any
improvements thereto which might be necessary in connection with
its usage thereof. Further, Lessee shall be liable for any
damage done to said premises during its occupancy thereof.
4. Lessee shall be solely and exclusively responsible for
the cost of all utilities used in connection with the subject
premises during the term of this lease.
5. Lessee shall keep the above described premises insured
with fire and casualty insurance coverage acceptable to and for
the benefit of Lessor in an amount of not less than $270,000. ,
and all premiums for such insurance shall be paid by Lessee.
Further, Lessee shall secure and maintain liability insurance in
accordance with Section I, paragraph E of the incubator facility
contract between Lessee and the North Carolina Technological
Development. Authority. Said insurance shall protect the interest
of Lessor, and the cost thereof shall be borne by Lessee.
6. Lessee shall have the right to sublease portions of the
above described premises as contemplated by the Incubator
Facilities Program and in compliance with the rules and guide-
lines of such program. Except as so allowed, Lessee shall not
assign this lease or sublet any part of the subject premises.
7. Lessee shall not make any changes in or additions to the
leased premises without the prior written consent of Lessor,
except that Lessee shall have the right to make improvements
which enhance the appearance and value of said premises which are
consistent with the needs of Lessee as herein set forth.
8. The termination date of this lease agreement shall be
April 15, 1993 as above set forth. However, said date of termina-
tion shall be extended to include the period remaining on any
sublease granted‘by Lessee as herein authorized which is in
effect on April 15, 1993.
9. Lessee shall hold Lessor harmless from and against any
loss, damage or liability of any sort whatsoever arising out of
the use of the subject premises by Lessee or anyone else during
the term of this lease; Lessee shall bear the cost of any defense
which might be necessitated by or on behalf of the Lessor as a
result of Lessee's occupancy and use of said premises; and Lessee
shall well, fully and truly indemnify Lessor from and against any
loss or damage of any type whatsoever so arising.
438
IN WITNESS WHEREOF, Harnett County has caused this instru-
ment to be executed 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 The Dunn Area Committee of 200, Inc. has caused this instru-
ment to be executed in its corporate name by its President,
attested by its Secretary and its corporate seal to be hereunto
affixed, all by authority of its Board of Directors duly given,
the day and year first above written.
(SEAL)
HARNETT COUNTY
By:
ATTES
Clerk, Harnett C
Board of Commiss
an, Harnet County
Board of Commissioners •
THE DUNN AREA COMMITTEE OF 2004
INC.
By:
(Corporate Seal) President
ATTEST:
Secretary
NORTH CAROLINA,
HARNETT COUNTY.
1, kaa,,,, / ,,uKtlimi , a Notary Public of the County
and State aforesaid, certify that L.Ioyd.b.S#tiaarh person -
ally came before me and being by me duly sworn, says that he is
the Chairman of the Harnett County Board of Commissioners, and
that entsaa W, hdd is the Clerk of the Harnett Count y
Board of Commissione ,,,, rs, /that the seal affixed to the foregoing
and attested instrument is the seal of Harnett County, and that
the said instrument was signed by him as Chairman of the Harnett
. County Board of Commissioners and by the Clerk of the Harnett
County Board of Commissioners, who affixed the official seal of
Harnett County, to the instrument; and that the said J.J'd 4.
S•i'twarl ,y - , Chairman of the Harnett County Board of
Commissioners, acknowledged said instrument to be the act and
deed of Harnett County.
Witness my hand and notarial seal this /[dH.. day of /Owe, tz,
1987.
My Commission Expires:
2/ 199X,
Notary Public