06111979331
SPECIAL MEETING, HARNETT COUNTY BOARD OF COMMISSIONERS, JUNE 11, 1979
CALL TO ORDER
ED MCCORMICK
The Harnett County Board of Commissioners convened in a special
called meeting Monday, June 11, 1979, following the Public Hear-
ing to amend the Harnett County Subdivision Ordinance. All
members of the Board and County Attorney Ed McCormick were
present. Presiding, Chairman of the Board, Jesse Alphin.
Chairman Alphin opened the meeting and stated the purpose: to
consider matters relative to the Harnett County Airport. Chair-
man Alphin recognized County Attorney Ed McCormick who discussed
"A Preliminary Condemnation Resolution for Acquisition of a Tract
of Land to be Used for Airport Purposes" with the members.
Mr. McCormick stated that the owners of a certain parcel of land
containing 34.65 acre tract of land include those who hold deeds
of trust or are trustees under deeds of trust were included in
the resolution with the exception of the Department of Transport-
ation this being due to the fact that the County of Harnett has a
agreement with the Department to relocate the road involved which
would be the interest of the Department. He further explained
that basically there were two ways that the County could proceed
to condemn this land. He stated that the County had negotiated
for some time to purchase this tract of land and that the parties
are substantially apart in reaching an agreement. The two ways
open are: 1) by court procedure under Chapter 4; and 2) under
Chapter 160, a city -type procedure, which counties have the autho
rity to use and that the county is proceeding under this authorit .
The main advantage of this procedure is that appraisers can be
appointed, placing a value on this land in the form of a report
which would come to the Board of Commissioners. if the Board
found it advisable to pay that amount of money or authorize pay-
ment of that amount at that time, then prove this to the court
and pay into the Clerk of Superior Court that sum of money, the
County could take possession of the land following adoption of a
final condemnation resolution.
ROLE OF APPRAISERS Mr. McCormick explained the role of appraisers are appointed as
follows: the County names one appraiser, whose name is to be
included in the Resolution, so that the parties when served a
copy of the condemnation resolution will know the person the
county has names to be the appraiser. The other parties then hav
the right to designate a second appraiser. There is one appraise
representing the interest of the parties seeking to get the land
and one appraiser representing the interests of the parties whose
land is being taken. These two appraisers, under the statutes,
can select a third appraiser. These three appraisers then set
the value of the land by majority vote.
RESOLUTION Following Mr. McCormick's explanation of condemnation procedures,
Commissioner Rudy Collins introduced the following resolution:
THAT WHEREAS, Article 15, Chapter 153 A of the General Statutes of North
Carolina defines an airport as a public enterprise and authorizes counties to
acquire, lease as lessor or lessee, construct, establish, enlarge, improve,
extend, maintain, own, operate, and contract for the operation of public
enterprises in order to furnish services to the County and its citizens; and
WHEREAS, the County has been unable to acquire a certain 34.65 acre tract of
land described in this resolution by negotiation from owners of the tract; and
WHEREAS, funds are available from federal and state sources for land acquisi-
tion if the County proceeds forthwith to acquire said property; and
WHEREAS, the County of Harnett nas autnority to acquire said property by emi-
nent domain pursuant to Article 8, Chapter 153A of the General Statutes of
Norte Carolina and specifically has authority to use condemnation procedures
for cities as set forth in Article II, Chapter 160 A of the General Statutes
of North Carolina; and
WHEREAS, Article II, Shapter 160A requires that condemnation procedures be
initiated by this preliminary condemnation resolution;
NOW, THEREFORE, the Board of Commissioners of the County of Harnett resolves:
Section I: A description of the tract or parcel of land in which property
rights are to be acquired is as follows:
Being a 34.65 acre tract, more or less, in Neill's Creek Township, Harnett
County, North Carolina; situated West of S. R. No. 1769 about 1,236 feet
South of its intersection with U. S. No. 401; and being a portion of that
705.9 acre tract of land described in a deea of trust dated January 27, 1978,
from R. D. Lee and wife to Edgar R. Bain, Trustee, recorded in Book 667, Page
429, Harnett County registry and more fully described as Tract #1 in a plat of survey by Mickey R. Ben
nett, RLS #1514, dated March 12, 1979, and filed in Map Book 23, Page 53, Harnett County Registry.
BEGINNING at a corner with the northeastern -most corner of D. E. Lasater, Jr., property (Book 484, Page
229) marked by an existing iron pin, and runs thence North 58 degrees 07 minutes East 2164.74 feet
(crossing S. R. Nol 2015) to a corner in the center of S. R. No. 1769 (said Corner located South 4 de-
grees 21 minutes West 185.88 feet from an existing iron also in the center of S. R. No. 1769 which
marks the corner of the Lee and Sorrell property with the Buies Creek Development Corporation property
(Book 494, Page 1); thence South 4 degrees 21 minutes West 752.68 feet with the center of S. R. No.
1769 to a corner in said road with J. Hiram Stewart (Book 315, Page 379) marked by an existing iron;
thence the same bearing South 4 degrees 21 minutes West 47.32 feet with the center of S. R. No. 1769
to a new corner with Lee and Sorrell near the intersection of S. R. Nol 2015 with S. R. No. 1769; thenc
South 45 degrees 00 minutes West. 1694.32 feet, a new line with Lee and Sorrell to a corner with Lee and
Sorrell property and with D. E. Lasater, Jr., property; thence North 5 degrees 52 minutes West 190.45
feet to acorner with said Lasater property marked by an existing Iron; thence North 40 degrees 12
minutes west 867.91 feet with Lasater to the point of Beginning and being 34.65 acres, more or less.
For reference, see a deed from J. R. Young and wife to R. D. Lee dated January 7, 1961, and recorded
in Book 403, Page 93, Harnett County Registry; see also the following: Book 492, Page 197; Book
399, Page 9, Harnett County Registry.
Section 2: The nature of the right, title or interest to be acquired int:the property is a marketable
title in fee simple absolute free and clear from any and all outstanding encumbrances against the
property described. Specifically, the estate in fee to the property described shall be free, among
other things, from any subsurface mineral rights and deeds of trust securing loans by the owners or
their predecessors in interest. The nature of the right, title or interest to be acquired does not
include an aviation easement or easement of any sort, kind or description over other lands of the owner.
The County reserves the righ to acquire such easements from the owners or other interested parties
named herein at a later time when federal or other sources of funds are available to pay for such
easements. Also the, right, titel and interest to be acquired shall include the right to close that
portion of S. R. No. 2015 that runs from S. R. No. 1769 across the above described property. (The
County plans to relocate the same in accordance with an agreement with an plans and specifications to
be established by the North Carolina Department of Transportation and in a manner so that use of said
access to-other property of the owners named herein will not be impaired;)
SECTION 3: This property is being acquired by the County and will be used to construct, establish, main-
tain, own and operate an airport and, if deemed necessary, to later lease, improve, extend, and contract
for the operation of the airport.
Section 4: The owners will be permitted to remove all buildings, structures, permanent improvements,
or fixture situated on or affixed to the property.
Section SA. The names and addressed of the owners of the property and,a
interest in the property are as follows:
(1) (a) R. D. Lee
Route 1
Erwin, NC 28339
(1) (b) Rachel Lee
Route 1
Erwin, NC 28339
(2) W. R. Sorrell
Highway #421 West
Dunn, NC 28334
(3) (a) Charles B. Lee
Route 1
Erwin, NC 28339
(3) (b) Margaret G. Lee
Route 1
Erwin, NC 28339
(4) (a) William D. Lee
Route One
Erwin, NC 28339
(4) (b) Ann McLeod Lee
Route 1
Erwin, NC 28339
(S) (a) Johnnie G. Lee
Route 1
Erwin, NC 28339
1 other persons known to have a
(5) (b) Sherry W. Lee
Route 1
Erwin, NC 28339
(6) Becker Sand and Gravel Co., Inc.
P. 0. Box 648
Cheraw, SC 29520
E. A. Parker, Trustee
Deceased (see paragraph SB)
Edgar R. Bain, Trustee
P. 0. Box 87
Lillington, NC 27546
) J. R. Young
Deceased (see paragraph SB)
(9) (b) Hazel F. Young
200 South Orange Avenue
Dunn, NC 28334
(9) (c) Isabella McKay Young
Box 385
Carolina Beach, NC 28428
Sedtien)5B. Pertinent information relating to persons who had an interest in the properties at the tim
of their death is as follows:
(1) E. A. Parker, according to the best information available to the County, is deceased and was named
as trustee in .the following instruments:
3'33
(a) A deed of trust from R. D. Lee and wife Rachel Lee to E. A. Parker, trustee and J. R. Young
and /or Isabella McKay Young and /or Hazel F. Young securing $200,000 in bonds and dated January 7, 1961,
and filed on January 30, 1961, in Book 399, Page 9, Harnett County Registry. Said deed of trust includO
the 650 acres known as "The McKay Farm" as security which appears as the first tract in said deed of
trust and is the parent tract to the lands described herein. Said deed of trust has the following
provision "...in case the said trustee shall die...then upon notice to the parties of the first and
second parts, if living, the parties of the third part may appoint in writing a trustee to take...place
of the party of the second part, and upon the probate and registration of the same the trustee thus
appointed shall succeed to all rights and powers of the party of the second part.
(b) A deed of trust from R. D. Lee and wife Racnel B. Lee to E. A. Parker, trustee, and W. R. Sor-
rell securing one bond for $52,000 and dated July 10, 1969, and filed on July 17, 1969, in Book 518,
Page 153, Harnett County Registry. The one -half undivided interest in the 705.9 acres described in this
deed of trust included a 1/2 undivided interest in the land described in this preliminary condemnation
resolution. This deed of trust has a clause permitting appointment of a successor similar to the
clause quoted in Paragraph SB (1) (a) above.
(c) A deed of trust from W. R. Sorrell, single, to E. A. Parker, trustee, and R. D. Lee, dated
July 10, 1969, and filed on July 17, 1969, in Book 518, Page 154, Harnett County Registry, securing a
bond for $52,000. The land described covers a 1/2 undivided interest in 70.9 acres of land and includes
a 1/2 undivided interest in the lands described in this preliminary condemnation resolution. Said deed
of trust has a clause permitting appointment of a successor similar to the clause quoted in Paragraph
Sb (1) (a) above.
(2) J. R. Young is deceased. He was named as one of three beneficiaries in deeds of trust from R. D.
Lee and wife Rachel Lee dated January 7, 1961, and filed on January 30, 1961, in Book 399, Page 9, Harnet
County Registry. His wife Hazel F. Young was named beneficiary of all his property under his will.
See Estate File 77 E. 222 in the Office of the Clerk of Superior Court of Harnett County.
Section 6. The composition, method of selection, time and place of first meeting, and general duties of
the Board of Appraisers are as follows:
(a) The property described in this Preliminary Condemnation Resolution shall be appraised by a Board of
Appraisers composed of three (3) persons who shall each be a free - holder of the County, and each of
whom shall have not right, title, or interest in or to the property above described and who shall not be
related by blood or marriage to any of the owners and who is not an officer, employee or agent of the
County and who shall be disinterested in the rights of the parties in every way.
(b) One appraiser (hereinafter named in Section,7 of this Resolution) shall be selected by the County,
one shall be appointed by the owner and one shall be appointed jointly by the other two appraisers.
(For purposes of appointing an appraiser, when there is a deed of trust, the trustee rather than the
grantor or third party beneficiary shall be considered the owner and shall make the owner's designation
of the appraiser.) Either the County or the Owners may reject an appraiser appointed by the other or
by the County and owner's appraiser if the person so appointed is not disinterested. Notice of rejection
of an appraiser shall be given within forty-eight(48) hours of his appointment or else the right to
object shall be deemed to have been waived. The owner's appraiser shall be appointed and his name
reported to the Clerk of the County of Harnett within fifteen (15) days after service of this resolution
has been made on all the owners. If the owner fails to appoint an appraiser within the time allowed, or
if the owner's appraiser and the County's appraiser fail to agree on the appointment of a third appraiser
the County may apply to the Clerk of Superior Court of Harnett County, North Carolina, for appointment
of either an appraiser to represent the owners or the third appraiser, as may be appropriate. The
method of selection of the Board of Appraisers is provided for in North Carolina General Statutes
160A -248.
(c) The first meeting of the Board of Appraisers shall be at the site of the property being condemned
at 10 O'Clock A.M., on the 9th day of July, 1979.
(d) The duties of the Board of Appraisers shall be to meet at or near the site of the property being
condemned at the time fixed by Paragraph 6(c) of the Preliminary Condemnation Resolution, and the Board
of Appraisers shall view the property to be acquired, and shall thereafter hear any evidence presented
by the owners or the County as to the damages and benefits that will result from the proposed condemna-
tion. The evidence need not be reduced to writing unless one of the parties demands a hearing on the
record. The Board of Appraisers shall determine the compensation to be paid to the owners of the County
for its acquisition of the property, taking into condieration both the loss or damage that will result
to the owners from the acquisition and any benefits that will inure to any remainder of the property
from the improvement or project for which the property is being condemned. After the Board has determine
damages and benefits, it shall make its report to the Board of Commissioners of Harnett County; the
said report shall be made within thirty (30) days of the Board's appointment, unless the Board of Commis-
sioners of Harnett County allows a longer time. Such report shall show separately the amount of the
damages, the amount of benefits, and the amount of compensation to be paid to the owners. The report
shall be sufficient if it is concurred in by two (2) of the three (3) appraisers. The meetings of the
Board of Appraisers shall be as provided in North Carolina General Statutes 160A -249, and the report of
the Board of Appraisers shall be made as provided by North Carolina General Statutes 160A -250.
Section 7. Bobby Wicker is hereby appointed by the Board of Commissioners of the County of Harnett as
a member of the Board of Appraisers.
The foregoing resolution having been submitted to a vote received the following vote and was duly
adopted this the llth day of June, 1979. Ayes: Commissioners Brock, Alphin, Shaw, Stewart, and Collins
Noes: None Absent or excused: None
334
ACTION
AIRPORT CONTRACTS
SECOND CONTRACT
CERTIFICATION H. D. Carson, Jr., Clerk of the County of Harnett, does hereby
certify that the foregoing is a true and correct copy of a resolution adopted
by the Board of Commissioners" at its meeting held on the llth day of-June,
1979.
Commissioner Collins moved for the passage of the above-described
resolution, Commissioner Brock seconded the motion that the Count !
accept the Preliminary Condemnation Resolution and that the Board
authorize County Manager Brock to insert the name of the designat.:d
appraiser following confirmation by the Board and acceptance by
the designee. Voting Aye: Commissioners Collins, Brock, Alphin,
Shaw, and Stewart Voting No: None Absent: None Motion car-
ried unanimously.
County Manager, M. H. Brock introduced Mr. Fred Hobbs of the
engineering firm of Talbert, Cox, and Associates to present the
engineering contracts for consideration by the Board. Mr. Brock
noted that there were two contracts for consideration: one
contract for site preparation and one contract for runway and
lights for the facility.
Mr. Hobbs stated that Talbert and Cox Associates had proposed a
contract in 1972 -73 which was general in nature. He stated that
it used to be with FAA regulations such that you could write a
generalized contract that at such time work was required fees
were based on a percentage of construction costs. In 1977, FAA
dictated this form of contract would no longer be recognized for
federal funding participation. This, he said, has caused the
need to reqrite and revise contracts as they are needed for the
work.
The first contract for consideration is dated January 4, 1979.
This is the contract for Site Preparation associated with ADAP 02
from which the County has some $621,000 allocated by the federal
government. Talbert & Associates has been working on this projec
for quite some time, but working without a signed contract since
January of this year. This contract is associated with the
project for which the County now has federal funds.
In 1978, the County received money for land acquisition - -a commit
ment for $270,000 for land acquisition. In federal fiscal year
1979, the County has been allocated $621,000 for site preparation
We are hoping that in FY 1980 which begins October 1, that the
County will be allocated additional federal monies to pave and
light the airport facility inorder to make it a useable airport.
Mr. Hobbs stated further that his firm had received one payment
for 90% for land acquisition in the amount of $22,500. This was
under a contract amendment to the 1973 contract. He explained
that appropriations had been made for the contract under discus-
sion. This contract is for $53,000, of which $5,000 is for pro-
ject formalization of Phase I services and $48,000 for basic fee
for development of plans, specifications, contract documents and
general supervision during construction.
The status of funds for Harnett County for airport construction
for this year are in the form of a tentative allocation contingen
upon the County meeting its obligations and performing on this
contract would be an obligation of the County.
Upon a motion by Commissioner Collins, seconded by Commissioner
Brock, the Board granted the contract for site preparation to
Talbert, Cox, & Associates in the amount of $53,000. Voting
Aye: Commissioners Collins, Brock, Alphin, Stewart, and Shaw
Voting No: None Absent" None Motion carried unanimously
Mr. Hobbs clarified the'matter concerning federal funding levels.
He explained that on the site preparation contract federal
participation would be at 80 %, state 10% and County 10 %, thus
making the county's liability $5,300 on this contract. On land
acquisition, funds were granted under a 90 -10 participation with
90% federal, 5% state, and 5% county participation. The funding
level changed at the end of 1978 from 90% federal participation
to 80 %.
The basic purpose of the second contract is to finish the job
started under the site preparation contract, that is, to pave
and light the airport and make it a useable facility. Mr. Hobbs
explained that FAA has funded Harnett County in such a manner tha
all available funds for FY 79 needed to be utilized for site pre-
paration. He emphasized that he was hopeful, because there are
335\
ACTION
no assurance, that FAA will follow up in FY 1980, beginning
October 1, with funding for paving and lighting of the facility.
In order to be ready to take advantage of any money that FAA
might have after October 1, he stated that his firm felt the
most advisable route for the County to follow would be to proceed
with the development plans and specifications for paving and
lighting and to actually take bids on these items of development
at the same time that the bids for site preparation were taken
which is now scheduled for about August 10, then file with FAA a
preapplication for federal assistance which basically alerts FAA
that Harnett County has a project and has a need. With bids in
hand, Harnett County would be alerting FAA, rather than with
estimated figures, of the actual construction costs. The chain o
events then would hopefully led to FAA issuing a tentative alloca
tion for 80% of the sum requested in the preapplication. With th
bids in hand, Harnett County could then file a project applica-
tion which is a formal request for funds abailable.
Mr. Hobbs stated that the major item for discussion in the second
contract is two -fold 1) it should be understood that the County i
entering into this contract at this time, is entering into a con-
tract with no promise of federal money to back it up. Therefore,
it would be the county's responsibility, and the state has con-
curred to go along with the county on a 50 -50 basis for carrying
the responsibility of the cost of this contract until such time
that federal fund are available. Mr. Hobbs stated that there is
no promise to the County from FAA, but they have stated that it
is not their practice, nor their desire to delay the development
of aproject of this sort for any length of time once they have
committed to the extent they have in Harnett County. The federal
government has now committed $890,000 almost $900,000 to Harnett
County. It is very doubtful, unless there is a serious reduction
in federal funding, that Harnett County would not be one of the
first on the list to receive funds after the first of October.
Entering into this contract; however, at such time FAA project is
funded, this contract amount will be reimbursable at the present
contract level of 80 %. If the funding level should change, the
contract level would also change.
The purpose of moving ahead with this contract is the fact that
Talbert and Associates can save the County $6,500, Mr. Hobbs
stated. To do the paving and lighting plans and specification in
conjunction with site preparation will save money as well as put
Harnett County in a position to make their needs known to FAA
befo re the first of October. This will definitely enhance Harnett
County's position with FAA and let them know that Harnett County
is ready. Sponsors have lost allocations because they were not
ready to receive their allocation and the money has been routed
elsewhere. Harnett County has definitely received a commitment
from FAA to develop an airport, the only commitment not received
si what time span that development will take.
Mr. Hobbs stated that if the contract is accepted at this time,
the total commitment under the contract would be $31,500. If
the County delays the contract and goes with separate bid proce-
dure, the contract price would go to $37,500. The terms of the
contract, under a lump sum price of $25,000 assumes that the
project contract will be expediated now and as a single project,
if delayed, the lump sum price would go to $31,000. This lump
sum price is valid and binding to September, 1980.
Following discussion of the general provisions of the contract,
Commissioner Lloyd Stewart moved that the board accept the
contract of Talbert, Cox, and Associates, subject to approval of
the Federal Aviation Administration. Commissioner Shaw, seconded
the motion and the motion carried unanimously.
Voting Aye: Commissioners Alphin, Stewart, Brock, Shaw, and
Collins. Voting No: None Absent: None
DATE SET FOR PUBLIC Budget and Revenue Sharing Budget: County Manager Brock informed
HEARING ON BUDGET the Board that the budget for the County had been prepared and
that the Board should set a date for a public hearing on the
County Budget and the Revenue Sharing Budget. He suggested that
the Board set June 21, 1979, at 10 a.m. as the time for the
Hearing.
ACTION
Commissioner Shaw moved that the date for the public hearing on
the County budget and the Revenue Sharing budget be set for June
21, 1979, at 10 a.m. Motion was duly seconded and carried
unanimously. Voting Aye: Commissioners Alphin, Stewart, Brock,
Shaw, and Collins. Voting No: None Absent: None.
ADJOURNMENT: There being no further business, the special meeting of June 11,
1979, duly adjourned at 9:15 p.m.
BOARD OF EQUALIZATION AND REVIEW MINUTES FOR THE YEAR, 1979
FIRST MEETING
SECOND MEETING
THIRD MEETING
DJOURNMENT
The first meeting of the Board of Equalization and Review was
held on April 26, 1979, in the Commissioners Room, County Office
Building, Lillington, North Carolina. The following Commissioner
were present: M. H. Brock, Rudy Collins, and Bill Shaw. The
following oath was administered and each Commissioner present:
M. H. Brock, Rudy Collins, and Bill Shaw ascribed thereto:
NORTH CAROLINA
HARNETTT COUNTY
I, , 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 discharge the
duties of my office as a member of the Board of Equalization and
Review of Harnett County, North Carolina, and that I will not
allow my actions as a member of the Board of Equalization and
Review to be influenced by personal or political friendships or
obligations so help me God.
No property owner appeared before the Board at the first hearing
of the Board of Equalization and Review.
The second meeting of the Board of Equalization and Review was
held May 24, 1979, from 10 a.m. to 12 noon in the Commissioners
Room, County Office Building, Lillington, North Carolina, with
the following commissioners serving on the Board: Jesse Alphin,
Lloyd Stewart, and M. H. Brock. Commissioners Alphin and Stewart
ascribed to the oath described above.
No property owners appeared before the Board of Equalization and
Review.
The third and final meeting of the Board of Equalization and
Review was held on May 31, 1979, from 10 a.m. to 12 noon in the
Commissioners; Room, County Office Building, Lillington, North
Carolina, with the following Commissioners serving on the Board:
Rudy Collins, Bill Shaw, and M. H. Brock.
No property owner appeared at the final Board of Equalization and
Review Hearing.
Commissioner Shaw made a. motion that the Board of Equalization an
Review for the Fiscal Year 1979 be adjourned. Commissioner
Collins seconded the motion and the issue carried with a unanimou
vote.
Thomas Allen, Tax Supervisor
4.0
ecretary