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11021981HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, NOVEMBER 2, 1981 CALL TO ORDER PRAYER MINUTES APPROVED DON DUPREE, DOT BOB ETHERIDGE $30,150 RECEIVED FOR CONSTRUCTION OF PROPOSED LIBRARY CONTRACT WITH BOONE TRAIL EMERGENCY SER- VICES, INC. The Harnett County Board of Commissioners meet in regular session on Monday, November 2, 1981, in the Commissioners Room, County Office Building, Lillington, North Carolina, with the following members present: M. H. Brock, Bill Shaw, Rudy Collins, Lloyd G. Stewart, and Chairman Jesse Alphin presiding. Vanessa W. Young, Clerk to the Board, and Edward H. McCormick, County Attorney, were also present. Chairman Jesse Alphin called the meeting to order at 9 a.m. Commissioner Jack Brock led the morning prayer. The minutes from the Harnett County Board of Commissioners meeting of October 20, 1981, were approved as read. Don Dupree, District Engineer with the North Carolina Department of Transportation, appeared before the Board to discuss road matters and situations in Harnett County. Bob Etheridge, Representative with the House, appeared before the Board and presented an update report on matters concerning the Legislation. Representative Bob Etheridge presented to Chairman Jesse Alphin and Margaret Randall, Librarian, a check in the amount of $30,150 which represented part of the appropriation made by the General Assembly to aid counties in the construction of libraries. Burr Webster appeared before the Board and presented the following contract between the County of Harnett and the Boone Trail Emer- gency Services, Inc. NORTH CAROLINA, HARNETT COUNTY CONTRACT AND AGREEMENT THIS CONTRACT AND AGREEMENT, Made and entered into this the 2nd day of November, 1981, by and between the COUNTY OF HARNETT, party of the first part, also referred to as County and the BOONE TRAIL EMERGENCY SERVICES, INC., party of the second part, also referred to as Emergency Service Department; W I T N E S S E T H: THAT, WHEREAS, Article 16, Chapter 153A enabled the County of Harnett to cause a report for providing fire and rescue services to be prepared; and WHEREAS, a report was prepared in which, among other things, it was projected that these emergency services would be delivered by a non - profit corporation; and WHEREAS, Emergency Service Department is a duly incorporated non - profit corporation of the kind contemplated in the report; and WHEREAS, the County of Harnett may levy taxes within a defined emergency service district as provided for in N.C.G.S. 153A -307; and WHEREAS, the "Boone Trail Emergency Service District" is a duly created service district in which the County of Harnett may levy a tax for the purpose of delivering fire and rescue services; further, the citizens in said district at a duly called election held on September 15, 1981, have approved a tax rate of $.15 on each one hundred dollars ($100) value of property subject to taxation within the district; and WHEREAS, the current N.C.G.S. 159 -13 (a) 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 make appropriations by department, function or project and shown revenues by major source; and WHEREAS, it is desirous to make application to the United States of America, acting through the Farmers Home Administration, United States Department of Agriculture, hereinafter referred to as the Farmers Home Administration for a loan in the amount of $335,000; 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 emergency service protection district; and WHEREAS, the County desires to grant a long -term contract to enable party of the second part to make long -range plans; and WHEREAS, the. County desires to standardize all its arrangements with Emergency Service Departments in the County; NOW, THEREFORE, in consideration of the premises and the consideration 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 cause to be assessed or levied a special tax of up to $.15 per one hundred dollar valuation of all real and personal property in the Boone Trail Emergency Service District 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; provided, however, beginning with the fiscal year 1982 -83 the amount levied annually shall be based on the needs projected in the budget estimate submitted by the Emergency Service 'Department to 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. The currenttaxes„ as they are collected by the county, shall be paid to Boone Trail Emergency Services, Inc., by the 15th day of each month. 4. The party of the second part shall provide the necessary equipment and personnel for furnishing adequate emergency service protection as determined by the North Carolina Department of Insurance, Fire and Rescue Service Division, for all property located within the Boone Trail Emergency Service District, and it will furnish said emergency service protection free of charge to all persons and individuals located in said District in an efficient 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 emergency service protection within said Boone Trail Emergency Service District, and to pay other legitimate emergency service protection expenses including principal and interest on the aforementioned loan made by the Farmers Home Administration. 6. It is agreed that the party of the first part may inspect all books end accounts for the party of the second part at any time that it shall desire; it is further agreed that the Emergency Service Department will present to the County Commissioners an annual audit by a C.P.A. which audit shall be in confor- mity with existing audit policies of the County. 7. The party of the second part agrees to comply with County budgeting procedures and other procedures 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 consented to by the County Accoun- tant from time to time. 8. This contract shall expire on the 30th day of June, 2013. 9. The party of the second part further agrees to file with the County Auditor a true copy of the Articles of Incorporation, existing bylaws and any changes made thereto from time to time; further, the party of the second\part agrees to adopt bylaws which meet all minimum legal requirements and which byla in addition thereto, have reasonable provisions enabling citizens of the community to participate 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 extent permitted by N.C.G.S. 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 County 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. HARNETT COUNTY BOARD OF COMMISSIONERS BY: s/s Jesse Alphin Chairman BOONE TRAIL EMERGENCY SERVICES, INC. BYts /s Dr. Eldon Sloan President ACTION BUDGET AMEND- MENT, LIBRARY APPOINTMENT TO LIBRARY BOARD REPORT ON N.C. 2000 COMMITTEE Following a discussion of this matter, Commissioner Stewart made a motion that the aforementioned contract be approved. Commissioner Collins seconded the motion and it carried. Margaret Randall, Librarian, appeared before the Board and requested that her budget be amended by $4,089. Mrs. Randall explained that the Federal Outreach Enrichment grant was more than was anticipated in June, 1981, and stated that she would like for this money to be transferred to her budget. Commissioner Collins made a motion that the following budgets be amended, Commissioner Shaw seconded the motion and it carried: Code Code Code Code 630 -025, 630 -062, 630 -050, 630 -030, Books, Increased by $2,300 Books Processing, Increased by $700 Audio - Visual materials, Increased by $500 Periodicals on Microfiche, Increased by $589 Commissioner Brock made a motion that G.D. Gomedella, Jr., 105 Pandora Circle, Erwin, NC 28339, be appointed to serve the unexpired term of Larry Smith on the Harnett County Library Board. This term expires in 1985. Commissioner Stewart seconded the motion and it carried. Ms. May Marshbanks serves as a representative from Harnett County on the North Carolina 2000 Committee. Ms. Marshbanks appeared before the Board and presented a progress report on this Committee. AUDIT ON BUDGET Jay Snipes, Associate with Oscar N. Harris & Associates, appeared F.Y. 1980 -81 before the Board and reported on the Audit of financial statements for the F.Y. ended June 30, 1981. TAX REFUNDS TAX ATTORNEY'S REPORT Thomas Allen, Tax Supervisor, appeared before the Board and requeste. the following three refunds: 1. William Bernice & Ruby Weaver, Rt. One, Coats, Black River Township, in the amount of $4.34, building site was not included in Land Use Value. 2. M. T. Matthews, Rt. 2, Fuquay- Varina, Hector's Creek Township, in the amount of $4.66, value was figured incorrectly. 3. Willis Johnson, Heirs, c/o Lettie Johnson, Rt. 1, Box 87, Erwin, Grove Township, in the amount of $45.02, exemption for Elderly Persons with limited income. Commissioner Shaw made a motion that the aforementioned refunds be approved. Commissioner Collins seconded the motion and it carried. The following tax attorney's report was filed with the Board: NAME Averasboro Township Cora B. Jackson No Suit Started Barbecue Township Patricia Sloan Bullard 81 CVD 0231 Black River Township Roosevelt Gibson Lattie Floyd Hester W. A. Dupree, Jr. Grove Township James G. and 011ie Faye Mangum No Suit Started No Suit Started No Suit Started $196.49 902.30 737.68 467.08 1,409.91 No Suit Started 103.30 Stewart Creek Township Bernes and Mary McLean 79 CVD 0919 New Suits Started: Franklin Lee Boone and wife, Mary Jones Boone Barbara D. Collins Alfred C. Heatherly William Erwin Long and wife, Betty Long, and Sylvia Ann Beasley 81 CVD 952 81 CVD 954 81 CVD 953 81 CVD 951 1,000.07 $4,816.83 25.00 55.00 25.00 25.00 25.00 25.00 96.00 $ 276.00 10.00 10.00 10.00 10.00 $ 40.00 EXPENSES U. S. Post Office 81 CVD 229 $5.06 TOTAL $321.06 TAX COLLECTOR Thomas Allen, Tax Collector, appeared before the Board and reported on the activities of his department for the month of October, 1981, and his plans for November, 1981. SHERIFF'S REPORT Larry Knott, Operations Officer with the Harnett County Sheriff's Department, appeared before the Board and reported on the activities for the Sheriff's Office for the month of October, 1981. CABLEVISION M. H. Brock, County Manager, announced that the cablevision committee will meet at 5 p.m. on November 3, 1981, and that the Public Hearing on the cablevision proposals would be held on November 17, 1981, at 7:30 p.m. MID -MONTH MEETING Chairman Jesse Alphin announced that the mid -month meeting of the Harnett County RESCHEDULED Board of Commissioners would be held on November 17, 1981, instead of November 16, 1981. ADJOURNMENT There being no further business, the Harnett County Board of Commissioners meeting of November 2, 1981, duly adjourned at 10:35 a.m. Chairman Secretary Clerk