09181979HARNEPT COUNTY BOARD OF COMMISSIONERS MEETING, SEPTEMBER 18, 1979
ALL TO ORDER
PRAYER
JURY COMMISSION
SELL OF 6 CARS
LAND USE MANUAL
The Harnett County Board of Commissioners met in regular session on
Monday, September 18, 1979, at 7:30 p.m., in the Commissioners
Room, County Office Building, Lillington, North Carolina, with the
following members present: M. H. Brock, Bill Shaw, Lloyd G. Stewa
Rudy Collins, and Chairman Jesse Alphin presiding. Edward H.
McCormick, County Attorney, was also present. H. D. Carson, Jr..,
Clerk to the Board, was absent.
Chairman Jesse Alphin called the meeting to order at 7:30 p.m.
Commissioner Bill Shaw led the morning prayer.
Graham Henry appeared before the Board on behalf of the members
of the jury commission and presented the following statement of
sources used and procedures followed in preparing the master jury
list for use in the biennium beginning January 1, 1980:
The following sources were used in preparing the raw jury list
1. Tax Scrolls of Harnett County for 1978
Every fifth name beginning with the first name in each
township (Every name counted, when 5th name is that of
non - resident or business, the next individual listed is
used)
2. Voter Registration List of Harnett County
Every fifth name starting with first name in each precinct
A total of 8,852 cards delivered to the Register of Deeds of
Harnett county this the 17th day of August, 1979.
/s/ R. Graham Henry
/s/ Mack R. Hudson
/s/ Fulton Patterson
Commissioner Brock moved for the adoption of the following resolu-
tion authorizing the sale of six (6) vehicles. Commissioner
Collins seconded the motion and the issue carried.
Whereas, G.S. 153A -176 and G.S. 160A- 270(b) permits the sale of personal
property at public auction; upon expiration of ten (10) days after publication
of the resolution authorizing the sale.
that:
Now, therefore, be it resolved by the Harnett County Board of Commissione
1. The following described property be declared surplus; and
2. M. H. Brock, County Manager, be and he is hereby authorized to dispose
of the following described property at the public auction which is to be
held on Saturday, September 29, 1979, at 12 noon at the Harnett County
Garage, Prison Camp Rd., Lillington, NC 27546
1975 Plymouth
1976 Plymouth
1976 Plymouth
1976 Plymouth
1976 Plymouth
1976 Plymouth
Serial Number PH41U5D231582
Serial Number PH41U6D190693
Serial Number PH41U6D190695
Serial Number PH41U6D190697
Serial Number PH41U6D190698
Serial Number PH41U6D190699
The County of Harnett hereby reserves the right to reject any and all bids
Done this 17th Day of September, 1979.
R. G. Rowland appeared before the Board and presented the Land Use
Manual on the recommended values for Harnett County, North Carolin
It was the decision of the Board to accept the Land Use Manual to
be studied and brought back to the Board.
Public Liability
Insurance
SPECIAL RESCUE DIS-
TRICT -- BUCKHORN
NDMENT TO CONTRACT
ITH TALBERT, COX
SUBDIVISION PLATS
cLean Chapel
nderson Creek
harlie Smith
TANKER FOR SPOUT
SPRINGS FIRE DEPT.
M. H. Brock, County Manager, presented an application for a
Law Enforcement Officers and Public Employee Liability Insurance
Program to the Board for consideration. The Chairman authorized
a committee consisting of M. H. Brock and Lloyd G. Stewart to
review the insurance program and to submit the application to
James F. Jackson & Associates, Inc., if they felt it would
provide the coverage needed for the employees of Harnett County.
Commissioner Collins made a motion to adopt the following resolu-
tion authorizing Tom Lanier to conduct a study of the need for
a service district for ambulance and rescue services in the
Buckhorn and Hector's Creek Townships of Harnett County. Commis-
sioner Shaw seconded the motion and the issue carried.
THAT, WHEREAS, the following petition has been filed with the Board of
Commissioners of Harnett County:
and
The undersigned hereby petition the Harnett County Board of Commissioner
to establish a special ambulance and rescue district composed of
Buckhorn and Hector's Creek Townships in accordance with Article 16 of
Chapter 153 -A of the General Statutes of North Carolina and to provide
for the support of such rescue and ambulance service by a special tax;
WHEREAS, about 236 citizens in the area have signed the petition; and
WHEREAS, it appears to the Board of County Commissioners that Tom Lanier
Assistant Civil Defense Director, is a proper and qualified person to conduct
a study and prepare the necessary report; and
WHEREAS, notice to all taxpayers in the proposed district must be given
thirty (30) days prior to any public hearing;
NOW, THEREFORE, IT IS resolved by the Board of County Commissioners of
Harnett County:
1. That Tom Lanier be and he is hereby authorized to conduct a study
of the need for a service district for ambulance and rescue service in the
Buckhorn and Hector's Creek Townships of Harnett County and prepare a report
as required by Chapter 153 -A, Article 16, of the General Statutes of North
Carolina.
2. That Tax Supervisor, Thomas Allen, is hereby requested to determine
the most practicable and feasible manner giving notice to all taxpayers in
Buckhorn and Hector's Creek Townships.
Commissioner Collins made a motion to approve the following
amendment to the contract for engineering services for the propos
airport project between Harnett County, owner, and Talbert, Cox
& Associates, Inc., Engineer. Commissioner Brock seconded the
motion and the issue carried.
The Contract for Engineering Services between Harnett County, OWNER, and
Talbert, Cox and Associates, Inc., ENGINEER, dated June 11, 1979, is hereby
amended as follows:
The firstparagraph entitled Payment on Page 4 of the original Contract
is hereby amended to read as follows:
The Owner agrees to pay the ENGINEER for services rendered under Phase I,
Increment (2) of the herein described PROJECT, a fixed lump sum payment of
FIVE THOUSAND TWO HUNDRED DOLLARS, ($5,200.00). As the PROJECT is developed o
formulated and services under Phase I, Increment (2) are rendered, the ENGINEE
shall submit monthly billings and receive monthly payments of the fee and
reimbursement of authorized expenses due, based upon the ENGINEER's monthly
statements for the same.
Commissioner Shaw made a motion to approve the final plats for
McLean Chapel Subdivision, Stewart's Creek Township, owned by
R. A. McLamb, Anderson Creek Subdivision located in Anderson Cree
Township, owned by R. A. McLamb, and Charlie Smith Subdivision,
cated in Stewart's Creek Township, owned by R. A. McLamb. Com-
missioner Brock seconded the motion and the issue carried.
Commissioner Brock moved for the adoption of the following resolu
tion concerning the purchase of an 1800 gallon tanker by the Spou
Springs Fire Protection District. Commissioner Shaw seconded th
motion and the issue carried with a unanimous vote.
366
THAT, WHEREAS, the County of Harnett expressed its intent to approve the use of
tax funds of the Sput Springs Fire Protection District to purchase ai'1800 gallon tanker
with 750 gallons per minute pumping unit at a meeting of the Board of Commissioners on
September 17, 1979; and
WHEREAS, the Spout Springs Rural Fire Department, Inc.; (Fire Department) is the
provider of services to the Fire District and has heretofore entered into a contract with
the County of Harnett respecting these services; and
WHEREAS, the contract between the County (acting on behalf of the District) and the
Fire Department needs to be modified so that the Fire Department can obtain an additional
loan of $36,000.00 from Farmers Home Administration.
NOW, THEREFORE, BE it resolved by the Board of Commissioners of Harnett County that
the "Contract and Agreement" between the County of Harnett and Spout Springs Rural Fire
Department, Inc., dated September 17, 1979, be and the same is hereby approved.
2. That the Chairman of the Board, Jesse Alphin and the Clerk, H. D. Carson ,Jr.,
be and they are hereby authorized to execute the contract and agreement on behalf of the
County.
3. That the Contract and Agreement is appended to this resolution and made a part
hereof.
THIS CONTRACT AND AGREEMENT made and entered into this 17th day of September, 1979,
by and between the County of Harnettt party of the first part, also referred to as County,
and theoSPOUNT::SPRINGS RURAL FIRE DEPARTMENT, INC., party of the second part, also referred
to as the Fire Department;
WITNESSETH:
THAT WHEREAS, N.C.G.S. 153 -2.1 provides that counties may enter into continuing con-
tracts and pursuant to this authority the County man enter into a continuing contract with
a volunteer fire department and may make annual appropriations of such funds as may be
provided for in this contract; and
WHEREAS, Fire Department has an existing loan with Farmers Home Administration in
the face amount of $20,000.00; and
WHEREAS, it is desirous that the Fire Department make application to the United
States of America, acting through the Farmers Home Administration, United States Departmen
of Agriculture for an additional loan in the amount of $36,000.00; and
WHEREAS, in consideration of the mutual promises and agreements herein contained
and pursuant to the general power and authority of the Fire Department to furnish fire
fighting services and the general power and authority of the County to provide fire
protection for its inhabitants and owners of the property within the Spout Springs
Fire Protection District the parties hereto mutually contract and agree as follows:
1. (a) The Fire Department agrees to furnish and provide continuing fire protection
service to all properties lying in Spout Springs Fire Protection District, North Carolina,
by promptly dispatching, upon call of any resident, property owner or other person,
within the said District, the fire department's fire fighting equipment and adequate
personnel to operate the same, and then making diligent efforts to control and extinguish
all fires.
(b) The Fire Department, in providing the said services, shalluse its own means
and methods which shall not be subject to control, direction or supervision by the
party of the first part. All fire fighting equipment and personnel necessary and proper
for the performance of this contract shall be provided by the Fire Department at its
sole cost and expense, and all persons engaged in fighting fires pursuant to the provision
of the Contract shall be subject to the exclusive control, direction and supervision
of the Fire Department. The party of the firs part shall not have any right or power with
respect to the employment, control, direction, supervision, suspension or discharge of any
person who may engage in fire fighting services or activities in the performance of the
obligations imposed by this Contract upon the Fire Department in furnishing fire fighting
services to the party of the first part for the benefit of its residents and property
owners.
2. Procedures for giving fire alarms and communicating the existence of fires to
the Fire Department shall be established by mutual agreement between the parties hereto
and shall be properly publicized.
3. The party of the first part will adopt such rules and regulations, by ordinance
or otherwise, as may be necessary and proper to prohibit interference with personnel of
the Fire Department in the discharge of their duties in fighting fires within the
Spout Springs Fire Protection District, to prohibit damage to and interference with
fire fighting equipment and apparatus of the Fire Department and to provide for such other,
rules and regulations as necessary and preper for the furtherance of objects of this
Contract.
367
4. (a) As full compensation for the fire fighting services to be rendered by the Fire
Department has herein provided, the party of the first part agrees to pay to Spout Springs
Rural Fire Department, Incorporated, a sum equal to $4,200.00 annually on or before the
28th day of September, or as follows: the sum produced by a levy of a special tax of up to
fifteen cents (15¢) per one hundred dollars valuation of all real and personal property in
the Spout Springs Fire District.
(b) That all funds paid to the party of the second part by the party of the first
part shall be used exlusively to provide fire protection within the said District, and to
pay other legitimate fire protection expenses including principle and interest on the
aforementioned loan made by the Farmers Home Administration.
5. This contract shall extend for a term of 30 years from 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 parties hereto.
6. This contract is hereby pledged to the United States of America, acting through the
Farmers Home Administration, as part of the security for a loan from the United States of
America.
IN WITNESS WHEREOF, the County of Harnett, party of the first part, has caused this
contract to be executed in its name by its chairman, attested by its Clerk and the official
seal hereunto affixed, all by authority of the Board of County Commissioners duly given,
and the Spout Springs Fire Department, Incorporated, has caused this contract to be
executed in tis name by its proper officers and its corporate seal hereunto affixed, all by
authority of its Board of Director duly given, as of the day and year first above written.
ADJOURN There being no further business, The Board of Commissioners duly adjourned at 9 p. m.
Secretary
Clerk