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04061981rr, Harnett County Board of Commissioners Meeting, April 6, 1981 CALL TO ORDER PRAYER MINUTES APPROVED SOCIAL SERVICES BOB ETHERIDGE TASK FORCE The Harnett County Board of Commissioners met in regular session on Monday April 6, 1981, in the Commissioners Room, County Offic Building, Lillington, North Carolina, with the following members present: Lloyd G. Stewart, M. H. Brock, Bill Shaw, Rudy Collins, and Jesse Alphin presiding. Edward H. McCormick County Attorney and H. D. Carson, Jr., Clerk to the Board were also present. Chairman Jesse Alphin called the meeting to order at 9:07 a.m. Judge Eddie Greene led the morning prayer. The minutes from the Harnett County Board of Commissioners meet- ing of March 16, 1981, were approved as read. On December 1, 1980, Mrs. Helen Crews, Director of Social Servi- ces, appeared before the Board and requested that the Vendor Transportation budget be amended by $1,443 to reflect the proceeds received from the sale of land as recorded in File 79- SP -122 in the Harnett County Clerk of Superior Court Office. It was the decision of the Board to table any action on this matter until Mrs. Crews could contact the state to see if she could get matching funds for this $1,443. On January 5, 1981, Mrs. Crews appeared before the Board and requested that her budget, Code 10- 610-46K, be amended by $7,000 to provide transportation for the Sheltered Workshop clients. This amendment was approved by the Board; however, the minutes need to be corrected to reflect that $1,443 of the $7,000 budget amendment was the proceeds received for the sale of land as recorded in File 79 -SP -122 in the Clerk of Superior Court Office. Commissioner Brock made a motion that the minutes for the January 5, 1981, meeting be corrected to re- flect that the $1,443 received by the Social Services Department from the sale of land as recorded in File 79 -SP -122 in the Clerk of Superior Court office was used as part of the County's match for this $7,000 budget amendment to Code 10- 610 -46K, Commissioner Shaw seconded the motion and it carried. Bob Etheridge, Representative with the North Carolina House, appeared before the Board and reported on legislative matters regarding local government. Judge Eddie Greene and Mr. Fletcher Hubbard appeared before the Board on behalf of the Harnett County Juvenile Task Force and re- quested that $14,080 in JJDP funds and $1,209 in CBA funds be allocated for the salary, travel, and fringe benefits for a Youth Services Coordinator. This position will focus mainly on the acquisition, training, and supervision of volunteers who will be working with Harnett County troubled children between the ages of 6 - 17. N.C. FOREST SERVICE Harold Grady, District Forester with the N. C. Forest Service, appeared before the Board and informed the Commissioners that because of the large number of fires the County has experienced this year, the Forest Service does not have sufficient funds to continue operating the remainder of 1980 -81. Mr. Grady asked that the County allocate an additional $5,000 to the Forest Program. Commissioner Shaw made a motion that this request be referred to a committee for study and the committee bring its recommendation back to the Board. Commissioner Stewart seconded the motion and it carried. Commissioner Brock made a motion that H. D. Carson, Jr., Finance Officer, be instructed to pay any necessary expenditures for the Forest Program until the committee reports it recommendation to the Board. Commissioner Collins seconded the motion and it carried. Chairman Jesse Alphin ap- pointed Commissioner Bill Shaw; M. H. Brock, County Manager; and Tom Lanier, Assistant Director of the Emergency Management Office, to serve on the committee to review Mr. Grady's request. POLICE INFORMATION Upon motion of Commissioner Brock, seconded by Commissioner NETWORK Collins, the Board adopted the following resolution concerning the Police Information Network system for the Sheriff's Depart- ment. WHEREAS, the North Carolina Department of Justice Police Information Network plans to make available to law enforcement agencies and other appropriate agencies of the State through the use of a centralized computer system various information now available or to be developed essential to the efficient operation of said agencies such as, but not limited to, information contained BUDGET AMENDMENT COMMUNITY WATCH REPORT- SHERIFF'S DEPARTMENT MAJOR-CRIMES REPORT EASEMENT TO C P & L AIRPORT NON-DIRECT- IONAL BEACON in the Department of Motor Vehicles' files, information contained in the National Crime Information Center, information contained in the State Bureau of Investigation's files, Department of Corrections' files, and information from local law enforcement agencies by the installation of a Police Informa- tion Network terminal in the Sheriff Department of Harnett County provided the County of Harnett agrees to furnish a proper site for installing such terminal, and the necessary personnel to operate said terminal, and further agrees to assume the rental cost of such terminal from the date of installa- tion; that said installation of a Police Information Network terminal is considered to be most necessary to the preservation of law and order and the promotion of public safety within the County; and WHEREAS, the North Carolina Department of Justice, Police Information Network and this County have agreed as follows: (A) The North Carolina Department of Justice, Police Information Network will install and maintain a video terminal and printer connected to the Police Information Network System and also train operators selected and paid by the County to operate such terminal. (B) The County shall furnish a proper site for installation of a Police Information Network terminal and also furnish personnel to operate said terminal. (C) The County -shall assume the rental cost (which cost includes main- tenance) of the Police Information Network terminal in the amount of $200.00 (per month) beginning from date of installation. NOW, THEREFORE, BE IT RESOLVED that the installation of a Police Information Network terminal be and it is hereby formally approved by the Board of Commissioners,ofHarnett County, North Carolina, and that the Chairman of the Board of County Commissioners (or County Manager) of this County be and they are hereby empowered to sign and execute the required Agreement between this. County and the North Carolina Department of Justice Police Information Net -, -' work. This Resolution was passed and adopted the 6th day of April, 1981. I H. D. Carson, Jr., Clerk of the Board of Commissioners of Harnett, North Carolina, do hereby certify that the foregoing is a true and correct copy of excerpts from the minutes of the Board of Commisisoners of this County; WITNESS my hand and the official seal of the County of Harnett on this 14th day of April, 1981. s/ H. D: Carson, Jr. Clerk County of Harnett North Carolina Larry Knott, Operations Officer with the Sheriff's Department, appeared before the Board and informed the Commissioners that under the Community Watch Program, the Sheriff's Office had pur- chased the signs for the Community Watch Groups and paid for the signs from Code 10- 510 -57. The Group then reimbursed the . Sheriff's Department, which in turn deposited this money in the County's General Funds. Mr. Knott requested that the money re- ceived from these groups be transferred from the General Funds t Code 10- 510 -57. Commissioner Brock made a motion that the Sheriff's Budget, Code 10- 510 -57, be amended by $6,696.49. Com- missioner Collins seconded the motion and it carried. Larry Knott, Operations Officer, presented a report on the Sheriff's Department for the month of March, 1981. Bill Strickland, Chief Detective with the Sheriff's Department, appeared before the Board and reported on the major crimes in Harnett County for the middle of March, 1981. Ed McCormick, County Attorney, appeared before the Board and stated that on.January 19, 1981, the Board adopted a resolution authorizing the Chairman and Clerk to the Board to execute an easement to Carolina Power & Light Company. Mr. McCormick pre the easement to Mr. Alphin for his signature. Commissioner Shaw made a motion that the Board adopted the fol- lowing lease agreement concerning the location of the non directional beacon in connection with the operation of the r Harnett County Airport. Commissioner Stewart seconded the motion and the lease agreement was unanimously adopted. This Lease Agreement, made this 6th day of April, 1981, by and between STACY ANDREW WILLIAMS and wife, JUDY NORRIS WILLIAMS, herein afterdesignated as the Lessors; and the COUNTY OF HARNETT, a political subdivision of the State of North Carolina, hereinafter referred to as Lessee; W I T N E S S E T H: That in consideration of the mutual covenants herein set forth and the agreement of the Lessee to pay the rent herein prescribed and to comply with the terms and conditions hereinafter set forth, the Lessors hereby rent and lease to the Lessee a certain parcel of real estate located in Grove Township, Harnett County, North Carolina. Said parcel being approxi- mately 500 feet from and in a westwardly direction from the point where State Road 1547 and State Road 1548 intersect and approximately 100 feet to the east of the right -of -way of the SeaboardCoastlineRailroad and being more particular- ly described as follows: Beginning at a stake, said stake being located South 22 degrees 37 minutes West 71 feet from an existing iron Stake located at the Southwest corner of the proerty of Wade W. Beasley which adjoins Lessors' property on the east side; and runs thence South 77 degrees 18 minutes West 300 feet to a stake; thence North 12 degrees 42 minutes West 140 feet to a Stake; thence North 77 degrees 18 minutes East 300 feet to a Stake; thence South 12 degrees 42 minutes East 140 feet to the point of Beginning, containing .96 acre, more or less; and said tract being described by a plat prepared by Mickey R. Bennett, Registered Land Surveyor in March of 1981 which is attached hereto and incorporated herein by reference. Said tract being a portion of that certain parcel of land deeded to Lessors by deed of record in the Harnett County Registry in Deed Book 498, at Page 533. This lease is made by the Lessors and accepted by the Lessee upon the following terms and conditions, which are hereby mutually convenanted and agreed upon by the parties hereto: (1) The term of this lease shall be for a period of five (5) years commencing onthe fifteenth day of April, 1981, and ending at midnight(Eastern Daylight or Eastern Standard Time, whicheveris then in effect) on the 14th day of April, 1986. (2) For the use and benefit of said leased premises, the Lessee agrees to pay to Lessors for said term of five (5) years, the sum of Five Hundred Dollars ($500.00). Said sum being due and payable at the time of execution of this lease by the parties. (3) The premises are being leased by Lessee for the purpose of install- ing thereon a non directional beacon to be used in connection with the operation of the Harnett County Airport. It is understood by the parties hereto that Lessee will install on the property certain poles, lines, radio equipment and fences. Lessee hereby agrees at or before termination of this lease or any renewal thereof to removal of all poles, lines, radio equipment, fences or other items placed on the leased premises by Lessee. Lessors agree to permit Lessee to remove all such fixtures and other items aforedescribed, whether such items shall be realty or personalty. (4) It is acknowledged by the parties hereto that Lessors own a pond of approximately one acre which is located to the west of the leased premises and that the leased premises is currently graded in such manner as to cause water which crosses it to shed into Lessors' pond. Lessee agrees that it will not change the grading on the leased premises in any manner which will cause water crossing the property to flow anywhere other than into Lessors' pond. In addition to Lessee's agreement not to disturb the natural flow of water, Lessee further agrees that it will maintain the leased premises in such a manner as to minimize soil erosion. (5) It is further acknowledged by the parties that there is located on the premises certain debris in the form of stumps and felled trees that were placed there by Lessors at the time of construction of the aforedescribed pond. Lessee agrees to remove said debris from the leased premises and not to place said debris on any other real property owned by Lessors. 4 TAX ATTORNEY'S REPORT (6) Lesseefurther agrees to hold Lessors harmless from any in- creased ad volorem taxes, that might be assessed against Lessors' pro- perty as a result of any improvements places thereon by Lessee. (7) If the Lessee :shall keep, observe and perform all the - terms, provisions, covenants and conditions of this Agreement on its part to be kept, observed and performed, it shall have the tight to renew this lease for a further period of five (5) years from April 15, 1986, pro - vided it shall notify the Lessors in writing on or before March 1, 1986 that it desires such renewal and provided further that it shall sign or offer to sign a new lease upon the same terms and conditions as are contained in the Agreement except as to the amount of the rental pay- ment due for said renewal period. The rental due for said five (5) year renewal period shall be determined.by negotiations between the parties. The Lessors and Lessee each agree to negotiate in good faith for the setting of the rental payment for the renewal period, and it is understood.,: and agreed that if a satisfactory rental cannot be agreed upon by the patties that this Lease Agreement shall cease upon the expiration of the present term, i. e., April 14, 1986. (8) This agreement supersedes all negotiations and agreements heretofore made by and between the parties hereto concerning the subjec matter herein involved; and it is herebyconvenated and agreed by the parties hereto that the terms and conditions of this Lease Agreement shall not be modified, cancelled, supplemented or waived except by mutual agreement in writing executed by both parties hereto. (9) The Lessors hereby covenant that they are the owners of said premises or property above mentioned, with authority to make the lease herein contemplated. Lessors further expressly covenant and warrant that they have not sold, assigned, leased or otherwise encumbered the property for any part of the term contemplated in this agreement, and that they will deliver full and complete possession of said property as of the effective date of this instrument. Executed in duplicate, the day and year first above written. S/ Stacy•Andrew Williams (seal) 8 /Judy Norris Williams (seal) COUNTY OF HARNETT By: S/ Jesse Alphin Chairman,rHarnett County Board of Commissioners ATTEST: Clerk, Harnett County Board of Commissioners The following Tax Attorney's Report was filed with the Board. Anderson Creek: Layton Allen & Iva Marie West Averasboro Township: Gary Wayne & Annie S. Stewart Wadie E. Baldwin Eva Mae Pope Sills Danny Strickland (Donnie Ray Tew) Ralph McLamb Barbacue Township: Jan A, Nasheim Robert S. Williams, Sr. Boyd Wilbur Bradford Stewart's Creek Township: Barnell C..Rogers- Suite No. No Suit Started Amount Collected 80 -CVD -1081 80 -CVD -1139 80- CVD -0167 No Suit Started No Suit Started No Suit Started No Suit :Started No Suit Started 79 -CVD -0914 Attorney Fees $1,855.27 $ 25.00 265.23 308.70 121.67 55.00 55.00 40.00 213.09 25.00 298.37 25.00 227.41 607.69 715.21 25.00 25.00 25.00 487.02 40.00 $5,099.66 $340.00 how New Suits Started: Ernest Carter, Jr. 81 -CVD -0228 10.00 John C. Stowers 81 -CVD -0233 10.00 William L. Singleton 81 -CVD -0234 10.00 Patricia Sloan Bullard 81 -CVD -0231 10.00 Frances Fox 81 -CVD -0232 10.00 Carig A. Rhymers 81 -CVD -0230 10.00 Henry L. Johnson 81 -CVD -0235 10.00 Hector R. Jimenez 81 -CVD -0029 10.00 $80.00 EXPENSES: Craig A. Rhymers Ernest Carter 81 -CVD -0230 (service fee to Sheriff of Cumberland County) 81 -CVD -0228 (service fee to Sheriff of Cumberland County) 9.00 Dismissals 340.00 New suits 80.00 $429.00 POLICY REGARDING Upon motionofcommissioner Stewart, seconded by Commissioner Shaw, AGENDA FOR BOARD the following policy entitled "Procedures for Consideration of MEETINGS Business and Other Matters before The Board of Commissioners was unanimously adopted. PROCEDURES FOR CONSIDERATION OF BUSINESS AND OTHER MATTERS BEFORE THE BOARD OF COMMISSIONERS THAT, WHEREAS, all official meetings of the Board are open to the public and any person is entitled to attend; and WHEREAS, the Board may fix the time and place of its regular meetings; and WHEREAS, the Board of Commissioners may adopt its own rules of procedures; and WHEREAS, the Board is entitled to know the subject matter of public busi- ness on which it is asked to act and is entitled to know the nature of reports to be given about Harnett County and its officials, employees and servants; NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Harnett County: 1. REGULAR MEETINGS. Regular meetings of the Board shall be held on the first Monday of each month, at 9:00 a.m. and on the third Monday of each month at 7:30 p.m. These meetings shall be held in the Commissioners Room, County Office Building, First and Front Street, Lillington, North Carolina 27546. 2. AGENDA. Unless otherwise authorized by the Chairman or the Board, all matters to be considered by the Board at a regular meeting shall be placed on the agenda by the Manager. Requests to appear before the Board shall be made to the Manager and shall include a statement as to the subject matter and the name of the person or persons requesting to be on the agenda. Requests shall be made to the Manager at least five (5) working days before the Board meeting and the Manager shall prepare the agenda, together with copies of resolutions, reports and other matters to be presented to the Board, and shall deposit the same in the mail to the Commissioners no later than three (3) days prior to a meeting. 3. WAIVER OF AGENDA RULES. Upon request, either the Chairman or the Board may expressly waive the agenda rules where it is determined that the rule= will serve no useful purpose. The Chairman or the Board shall be deemed to have made a valid waiver of the agenda rules by not invoking them at the meeting in which a matter not on the agenda is presented. 4. HEARINGS AND MEETINGS WITH THE PUBLIC. (a) Hearings. The Commissioners may, from time to time, hold hearing; as required or authorized by law and shall provide such notice as may be re- quired. (b) Meetings with the Public. Requests for a public meeting with private groups shall be made by a person allowed on the agenda in accordance with these rules. The request shall contain a clearly defined issue or propo- sal for consideration by the Board. If the issue or proposal is a proper one for the consideration by the Board at a public meeting, the Board may set the time and place for the meeting and establish such procedures for the meeting as it deems appropriate. PASSED this 6th day of April, 1981. 5z REAPPOINTMENT OF W. J. OTTON, TO SOCIAL SERVICES BOARD AMENDMENT TO. METRO. BUDGET BUDGET AMENDMENT -AFDC Mr. McKOY TAX SUPERVISOR'S REPORT ATTEST: Clerk to the Board BOARD OF COMMISSIONERS OF HARNETT COUNTY By: s/ Jesse Alphin Commissioner Brock made a motion that W. J. Cotton, Jr., be reappointed to the Social Services Board, Commissioner Shaw seconded the motion and it carried. Commissioner Shaw made a motion that the Northeast Metro- politan Water District Budget be amendment as follows: A. Code 660 -070, Workman's Compensation, decrease by $1,028. B. Code 810 -130, Utilities, decrease by $1,000 C. Code 810 -340, Chemicals, decrease by $3,100 D. Code 720 -300, Fire Liability Insurance, increase by $428 E. Code 810 -160, Maintenance Equipment, increase by $1,800 F. Code 810 -170, Maintenance Auto, increase by $400 G. Code 810 -310, Fuel, increase by $1,400 H. Code 810 -330, Department Supplies, increase by $800 I. Code 810 -570, Miscellaneous, increase by $300 Commissioner Stewart seconded the motion and it carried. Commissioner Brock made a motion that Special Appropriation/ Code 10- 690 -109A, AFDC, be increased by $56,378, Commis- sioner Shaw seconded the motion and it carried. Mr. McKoy appeared before the Board to express his concern (1) that his road on 210 had not been paved (2) that Western Harnett School does not have a 497 number (3) th the taxes for Anderson Creek Fire Department are too high. Mr. Allen, Tax Supervisor, appeared before the Board and presented the following to the Board for consideration. 1. Refund to Rebecca M. Turlington, Rt. 3, Dunn, in the amount of $128.47. An 89 acre tract of land was priced as being on a paved road. 2. Refund to Andrew J. and Angelita Carroll, 200 East J. St., Erwin, in the amount of $66.75. Exemption for the elderly with limited income. 3 Refund to Lucille McCord, Rt. 3, Box 1174, Lillington, in the amount of $76.50. Exempted value of $7,500 on one lot as in accordance with G. S. 105 -277.1 4. Refund to W. Donald and Anne T. Moore, Box 175, Coats, in the amount of $19.01. Lot was oversized. 5. Refund to Fred A, Byrd, Coats, in the amount of $66.75, exemption for the elderly with limited income. 6. Refund to Flora Lee O'Quinn, Box ,464, Mamers, in the amount of $66.75. Exemption for the elderly persons with limited income. 7. Refund to Luther A, Godwin, 306 E. Canary St., Dunn, in the amount of $71.25, exemption for elderly persons with limited income. 8. Refund to Joe and Ruth.O`Quinn, Rt, 3, Lillington, in the amount of $66.75. Exemption for the elderly with limited income. 9. Refund to W. L. Senter Children, Box 96, Kipling, in the amount of $48.11, a 53.30 acre tract of land was listed as a 65 acre tract. Commissioner Shaw made a motion that the above refunds be approved. Commissioner Stewart seconded the motion and it carried. TAX COLLECTOR'S REPORT Earl Jones, Tax Collector, appeared before the Board and re- ported on the activities of his department for the month of March and his plans for April. EXPENDITURE REPORT The Quarterly Expenditure Report was filed with the Board. STATEMENT OF INVEST- A copy of the Statement of Investments Report was filed with MENTS the Board. ADJOURNMENT SPECIAL MEETING 1981 SECONDARY CON- STRUCTION PROGRAM The regular meeting of the Board of Commissioners duly adjourned at 11:30 a.m. The Board convened into a special session with representativesfrom the Board of Transportation as was duly advertised. Commissioner Stewart made a motion that the Board adopted the following resolution establishing the 1981 Secondary Construc- tion Program utilizing allocations from the 1977 bond issue - Commissioner Shaw seconded the motion and the resolution passed upon a unanimous vote. RESOLUTION WHEREAS, the Board of County Commissioners recognizes the great need for im- provement of secondary roads in Harnett County; and WHEREAS, Department of Transportation officials have said that funds in the amount of $116,943 have been allocated to Harnett County from the 1977 Secondary Bond Funds for improvement of secondary roads for the fiscal year 1981 -82; and WHEREAS, the Department of Transportation presented to us a priority list of roads in Harnett County determined by the Statewide criteria for considera- tion and approval; NOW, THEREFORE, BE IT RESOLVED THAT THE HARNETT COUNTY BOARD OF COMMISSIONERS unanimously adopt the following improvement program for the fiscal year 1981 82 as presented by the Department of Transportation: 1. SR 1267 -1265 From SR 1268 to Dead End 1.40 Mi. Complete Construction Grade, Drain, Soil & Pave $75,000 2. Upgrade to minimum standard the following substandard subdivision Street (a) Unnamed Street From SR 1117 to SR 1116 1.00 Mi. Grade, Drain & Soil $25,000 3. Stone Stabilization on various secondary unpaved roads $10,000 Done this Sixth Day of April, Nineteen Hundred and Eighty -One. ATTEST: s/ H. D. Carson,Jr. Clerk HARNETT COUNTY BOARD OF COMMISSIONERS sse Alphin, Chair AA7OUIIT There being no further business, the Harnett County Board of Commissioners duly adjourned at 11.51 a.m.