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05171976the 1976 session of the Board of Equalization and Review at 12 noon. Thomas Allen, Clerk to the Board of Equalization and Review MENTHES OF THE MID MONTH MEETING OF THE HARNEIT COUNTY BOARD OF Ca ISSIONERS, HELD ON MAY 17, 1976 The Harnett County Board of Commissioners met in regular mid -month session on May 17, 1976. The Chairman Bobby R. Etheridge, called the meeting to order at 7:45 P.M., with the following present: Jesse Alphin, W. J. Cotton, Jr., M. H. Brock and Lloyd G. Stewart. Also present, H. D. Carson, Jr., Clerk and Edward H. McCormick, County Attorney. Commissioner Brock led the evening prayer. MINUTES READ The minutes were read and approved. FIREMEN'S DAY A request was made by letter of the Commissioners by Charles Nordan of Angier, that October 9, 1976 be set aside as Harnett County Firemen's Day, and that a total of $1,500. be approp- riated for expenses connected withthe advertisement and pre- paration for this day. The Chairman indicated that this request will be considered along with other budget requests. APPOINTMENTS TO REGIONAL DEVELOPMENT ADVISORY COMM. The Board was informed that it was again time to appoint five county residents to serve on the Regional Development Advisory Committee. Commissioner Alphin moved that the ones serving for last year be reappointed. They are as follows: Gary Turlington, RobertTPerkins, Bob Doberstein, Ray Daniels, and Ed Williams. Commissioner Cotton seconded the move and the issue passed. The Chairman asked that these men be notified of their reappointment. SUMMERVILLE - MAMERS ROAD Neill McK. Ross, Attorney, appeared before the Board in regards to the following petition, signed by 73 petitioners, relating to Summerville - Mamers Road: "To the Board of County Commissioners of Harnett County -- We, the undersigned residents of Harnett County, respectfully request your commission to petition the North Carolina Department of Transportation to designate County Road 1291 as "Summerville - Mamers Road." This road extends from the City limits of Lillington to Thomas Farm Service about two miles from the Lee County Line and is a very well settled road and is entitled to a designationmore appropriate than a number. We are informed that some years ago the Board of County Commissioners designated this road as the Summerville- Mamers Road but it was never so marked. We further petition that you request North Carolina Department of Transportation to place an appropriate sign on present US 421 at the inter- section of 1291 in Lillington with a directional sign to the Summerville community; that at the intersection of 421 and 1304 an appropriate sign designating a directional sign be placed at intersection of 1258 with US 421. We believe that it is appropriate that these signs designating the Summerville community be erected for the reason that Summerville is the original county seat of Harnett County and is a community of approximately 50 dwelling units and 2 churches. We further request that you initiate appropriate action to have an historical marker placed in the Summerville community designating the original county -seal of Harnett County." Action: Commissioner Stewart moved that this petition be accepted, that a resolution from the Board be forwarded to the Department of Transportation, Division of Signs. Commissioner Cotton seconded and the issue carried. LANDFILL SITE BOUNDARY AND TOPO MAP Commissioners Alphin and Brock reported to the Board that the new landfill consisting of 91 acres would have to be surveyed for the boundary and also a topographic map made of the plot. The cost estimate received was $2,700. Commissioner Alphin moved that the bid cost of $2,700. be accepted so that constr- uction of the new landfill site would not be unnecessarily delayed. Commissioner Brock seconded, the issue passed. 600 TAX REFUND . GF REPORT AMEND LIBRARY BUDGET JUVENILE TASK FORCE AMEND GF FUND BUDGET The following request for a tax refund was presented for consid- eration of the Board: Richard B. Wallace, error in pricing house for years 1974 and 1975, amount of refund requested $67.83. Lillington Township. Commissioner Stewart moved that the refund be granted, Commissioner Alphin seconded and the issue passed. The Manager presented the General Fund report for the month of April, 1976. A request was made that because of unanticipated revenue, the library budget be amended from $46,505. to $56,000. Commission- er Stewart moved that the library budget be amended from $46,505 to $56,000., Commissioner Alphin seconded and the issue passed. Dr. Millard Brown, Chairman of the County Juvenile Task Force, had earlier informed the manager that some expense would be necessary to begin the program. Commissioner Brock moved that $500. be appropriated to cover the necessary travel and misc- ellaneous incurred expenses. Commissioner Cotton seconded the motion and the issue carried. The following resolution was presented by the County Manager in reference to amending the Budget Reslution of 1975 -76: "WHEREAS,it appears that the several budgets of the General Fund. of Harnett County wll be over - expended during the bud- get year of 1975 -76, and WHEREAS, it will be necessary to overspend these budgets in the due process of operation of the several departments: THEREFORE, BE IT ORDERED BY THE Board of County Commissioners that the County Auditor is hereby authorized to pay any and all necessary expenses of the several departments in the operation of their office. This the 17th day of Mayy„ 1976. Commissioner Cotton moved for adoption of the foregoing res- olution, Commissioner Alphin seconded and the motion passed unanimously. AN ORDINANCE RESTRICTING THE MASSAGE OF 1PERSONS OF THE OPPOSITE SEX FOR HIRE The County Attorney, Edward H. McCormick, presented an Ordinance entitled. "An Ordinance Restricting the Massage of Persons of the opposite Sex for Hire ". The following persons were in attendance and spoke as a result of this ordinance: Stewart Lewis 4001 Highway 210 North Spring Lake, NC. ... does not feel that he has received fair treatment. Neill Ross Lillington, NC ... legal counsel for Shirley's Health Club and the Green Door ...says that license to operate were issued these people, now plans are being made to put them out of busines Johnny Oliver Lillington, NC requests that copies of this document made available before action is taken. Shirley Lynch Shirley's Health Club owner, ... says this Ordinance will en- courage homosexuality in the area to grow.. The Chairman closed the open discussion, and the action was tem porarily delayed. LIGHTS ALONG THE ROAD TO ARMORY & HOSPITAL Ralph Barefoot, representative from the City of Dunn, appeared before the Board in regards to lights being placed on the road that leads from Dunn city limits to the New Armory location, outside the city limits. He said this would mean the rent of seven lights, for a cost of $36.50 per month to the county, payable annually, and that when the area is annexed into the city limits, this expense will be deleted from the county. Commissioner Alphin moved that the commissioners adopt this plan and put it into the upcoming budget and render the City of Dunn a notice of intent to speed the implementation of the project. Commissioner Brock seconded the motion and the issue passed. "ACTION TO THE ORDINANCE The following ordinance entitled "An O— dinance Restricting the Massage of Persons of the Opposite Sex for Hire ", wa s intro- duced by Commissioner Cotton. The Chairman ordered that the document be placed on the agenda for the next regular meetng of the Board, to be held the first Monday in June, 1976. THAT WHEREAS, a case arising Fehlhaber vs. Thompson, F Supp noted the following dangers to the morals of the people: "The evidence adduced at the trial of this action ... established beyond peradventure that the sole purpose of these massage parlors is to provide male customers sexual gratifica- tion through deviant sex practices administered by females for exorbitant fees; that a substantial number of the patrons are young military men stationed at the large Fort Bragg Military Base located in Cumberland County; that there are eighteen of these establishments in the County; that while there have been no incidents of disorderly conduct around the premises of these plaintiffs, there have been numerous cases of assaults, attempted rapes and other law violations around other such establishments." AND, WHEREAS, there are presently six Harnett County Massage Parlor Licensees operating near the Barnett County - Cumberland County line; and WHEREAS, since March 2, 1976, it appears that bothState and Federal Decisions have upheld the authority of a County to prohibit altogether the massage of the opposite sex for hire. State vs. Keaton 285 NC 530, 206 SE 2nd 203 (1974), appeal dismissed for want of a substan- tial federal question (No. 74 -336, 42 L Ed 2nd 636, December 9, 1974) Brown vs. Brannon F. 2nd (No. 75 -2111, 4th Circuit, March 2, 1976). IT IS, THEREFORE, the intent of the Board of Commissioners of Harnett County, by this Ordinance, to prohibit massage of persons of the opposite sex for hire, for the purpose of protecting the public morals, public health, safety and general welfare of the citizens of Harnett County. in the adjoining County of Cumberland, (No 1031, E.D.N.C. September 10, 1974) public health, safety, welfare and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA: SECTION 1. Definitions. (a) "Massage" means the manipulation of body muscle or tissue by rubbing, stroking, kneading, or tapping, by hand or mechanical device. (b) "Massagist" (either male or female) means one who offers to massage another for a salary or fee. (c) "Massage parlor" means any place of business where massagists are employed to offer a massage for a salary or fee. SECTION 2. Massage of a Person of the Opposite Sex for Hire Unlawful. It shall be unlawful for any person licensed as a massagist or holding a massage parlor license issued by Harnett County to massage a person of the opposite sex for a salary or fee except under the signed order of a licensed health professional. SECTION3. Violation a Misdemeanor. Violation of this Ordinance is punishable by a fine of not more than $50. (fifty dollars) or imprisonment for not more than 30 (thirty) days. SECTION 4. Injunctive Relief Available. This Ordinance may be enforced by any appropriate remedy authorized by General Statute 153A -123. SECTION 5. Conviction Grounds for License Revocation. A conviction for violation of this Ordinance is hereby made grounds for revoking a massagist's or massage parlor license after a due process hearing as the County may otherwise provide by Ordinance. SECTION 6. Severability. If any provision of this Ordinance or its application to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can he given effect without the invalid prov- ision or application, and to this end the provisbns of this Ordinance are declared to be severable. SECTION 7. Effective Date. This Ordinance shall become effective upon its adoption. RESOLUTION COMMENDING SHELTERED WORKSHOP STAFF AND BOARD The following resolution was presented to the Board for consid- eration, relating to the Harnett County Sheltered Workshop Board and the staff of the Sheltered Workshop: NORTH CAROLINA HARNETT COMO? 602 NORTH CAROLINA HARNETT COUNTY WHEREAS, it is known to the Harnett County Board of Commissioners that the Harnett County Sheltered Workshop renders a vital service to the special segment of the population of the County; and WHEREAS, many of these citizens who could not compete effectively in the labor market have found satisfying, gainful and productive employment and training through the operation of the Sheltered Workshop; and WHEREAS, those guiding the operations, programs and activities of the Workshop have given of themselves, their time, talents and resources unselfishly, and WHEREAS, among the many achievements, fund raising projects have been successfully undertaken; NOW, THEREFORE, BE IT RESOLVED BY THE Harnett County Board of Commissioners that, on this 17th day of May, 1976, the Harnett County Sheltered Workshop Board and the able staff of the Shel- tered Workshop be recognized as vital assets to the growth and prosperity of this county, and that they be commended for render- ing an invaluable and immeasurable service to the special segment of the population of Harnett County. The Commissioners also wish to make this resolution known to all citizens of the County, and furthermore, do hereby order this written word spread across the minutes of the Board of Comm- issioners, as a permanent and lasting symbol of, appreciation. May 17, 1976. Commissioner Cotton moved for the adoption of the resolution, Commiss- ioner Alphin seconded the move and the issue passed unanimously. AIRPORT PREAPPLICATION EXECUTED The Chairman informed the Board that the preapplicatbn for fed- eral participation for the Harnett County Airport was ready for execution and dispatch to FAA Office in Atlanta. The amount of federal participation was $1,072,500. Commissioner Brock moved that theChairman be authorized to execute the preapplication for the Harnett County Airport for Federal assistance, Commissioner Alphin seconded and those voting aye were Commissioners Alphin, Cotton, Brock and Stewart. Those voting no were none. ARCHAEOLOGICAL STUDIES FUND APPROPRIATED The Board appropriated an amount of up to $1,500. to complete the archaeological studies for Stages I, II, and III for the Harnett County Airport. This was done by a motion by Comm- issioner Cotton, second by Commissioner Alphin and a unanimous vote of the Board. ADJOURNMENT The meeting adjourned at 10:00 P.M. J. 0 cr ;tary tar AP 14; Chf' ma - Arr Clerk 1 C GENERAL FUND CHECKS WRITTEN FOR THE MONTH OF MAY, 1976 1 8454 NC Dept. of Revenue 111.79 April sales and use tax 8455 Margaret McDonald 55.21 Refund for expenses to meetings 8456 Evelyn Howard 1.50 Workshop expenses 8457 J. Clyde Adams 22.70 Soc. Ser. Bd. Meetings 8458 Jesse Alphin 25.10 " 8459 Mrs. Edwin Boyette 25.10 8460 C. S. Fowler 20.00 8461 Mrs. Bobby Meares 106.60 Board Home Care 8462 Carolina Power $ Light Co. for Foy 33.28 Gen. Assistance 8463 Buccaneer Restaurant 456.00 OJT contracts 8464 Hudson Plumbing P, Septic Tank Service 400.00 OJT contracts 8465 Harnett County Medicaid Fund 13,038.51 Contribution 8466 Harnett County AD Fund 7,443.00 it 8467 Carolina Power & Light Co 1,726.98 Per statemnts 8468 Mrs. John Leach 106.60 B. Home Care 8469 Mrs. Glenn C. Smith 213.20 It 8470 Mrs. Robert Wicks 321.55 " 8471 Mrs. Bobby Meares 106.60 " 8472 Falcon Orphanage 500.00 " 8473 Church of God Childrens Home 113.60 if 8474 Kennedy Home 215.00 Iv 8475 Mrs. George T. Leach 238.50 " 8476 Mrs. David Ferrell 224.95 it 8477 Mrs. A. M. Ivey 384.75 " 8478 Lettie Johnson 334.20 8479 Amanda McFarland 233.75 8480 Mrs. Edwin Morris 111.35 8481 Mrs. D. C. McKinney 451.70 8482 Mrs. Herman Tew 146.25 8483 Mrs. J. A. Walker 345.10 8484 Mrs. Ernest West 218.45 8485 Mrs. Bobby Meares 106.60 8486 Bessie Lee 434.95 8487 Mrs. Erwin Johnson 234.70 8488 Central Orphanage of NC 235.00 8489 Mrs. Steve Gentry 217.03 8490 Mrs. Arthur Chapman 240.60 8491 M. H. Brock 47.36 Refund for expenses 8492 Waccamaw Bank & Trust Co. 123.00 April food stamp transactions 8493 Central Carolina Bank & Trust Co. 81.00 " 8494 First Citizens Bank $ Trust Co. 109.00 it 8495 Bank of North Carolina, NA 147.50 it 8496 Southern Natbnal Bank 117.50 it 8497 First Citizens Bank $ Trust Co. 88.50 " 8498 First Citizens Bank f, Trust Co. 91.50 8499 Frances McKay 57.19 East. Dist. Meeting 8500 Lida R. O'Quinn 11.00 Workshop expenses 8501 Patricia McKee 7.50 " 8502 Frazier Roach 1.50 CDC expenses 8503 Muriel F. Cann 4.00 Workshop expenses 8504 Neta Worth 13.71 IT 8505 Annie McNei11 16.98 it 8506 Louise Lloyd 7.50 " 8507 Henry S. Thompson 44.23 " 8508 Lula Morrison 7.50 " 8509 Lula Morrison 11.39 " 8510 Harnett Co. Health Dept. 25.00 Petty cash8511 8511 Dr. A. W. Peede 422.00 9 GC patients and April Clinics 8512 Dr. S. Glenn Wilson 132.00 Treatment for 11 syp. patients 8513 The Dunn Clinic 220.00 Treatment for syp. patients 8514 Dr. C. L. Corbett 280.00 April Clinics 8515 Institute of Government 32.10 Inv. 012701 8516 Piggly- Wiggly 2.86 Per statement 8517 Rachel W. Blanchard 4.80 April travel 8518 Harnett County News 20.00 Ad -Tax Super. 8519 edwards $ Broughton Co. 819.49 #04972 8520 Georgia Lee Brown, CSC 161.00 Court costs 8521 E. Marshall Woodall, Tax Lien Atty. 230.00 tax suits 8522 Perry Brothers Tire Service, Inc. 261.49 April Acct. Sheriff's Dept. 8523 Brown's Auto Supply Co. 3.31 Inv. 41251 Sheriff's Dept. 8524 Basic Communication Skills Workshop 12.00 Reg. Fee 8525 Beasley's Garage. 57.00 April Acct. Sheriff's Dept. 8526 Brock Chevrolet Co. 361.85 April A -ct for Sheriff's Dept. 8527 O'Neal Motors, Inc. 317.23 April Acct. 8528 Lillington Exxon Station 1.00 Ticker No. 2248 8529 Lillington Tire Sales $ Service 757.11 April Acct. for Sheriff 8530 Roanld P. Green, DS 3.00 Refund for books and supplies 8531 Henry D. Hood, III 3.00 Refund for books and supplies 8532 James Turnage, DS 3.00 8533 Piedmont Communications, 21.74 F80958 8534 Dr. Grover C. Pate 15.00 Re Cecil Douglas 8535 Dr. A. W. Peede 10.00 Thomas Spence 8536 Lillington Auto Parts 12.45 36879 8537 Brown's Supply Co. 9.99 41498 8538 Eastman Kodak Company 1,059.69 007- B48828, 122- B60580, 007- G18373, 122- H47840 8539 Div. of Health Services 600.00 Medical fees. 608 8679 8680 8681 8682 8683 86 84 8685 8686 8687 8688 8689 8944 8945 8946 8947 8948 8949 8950 8951 8952 8953 8954 8955 8956 8957 8958 8959 8960 8961 8962 8963 8964 8965 8966 8967 8968 8969 8970 8971 8972 8973 8974 8975 89 76 8977 8978 8979 8980 8981 8982 8983 8984 8985 8986 8987 8988 8989 8990 8991 8992 8993 8994 8995 8996 8997 8998 8999 9000 9001 9002 9003 9004 9005 9006 9007 9008 9009 9010 9011 9012 9013 9014 9015 9016 Mark Powell Vicki S. Johnson Jimmie G. Avery Lynda S. Ogburn W. D. Harmer David W. Price Arthur Hurd Theron L. Stewart Charles Walden, Jr. Wade Evans John W. Johnson Bobby R. Etheridge M. H. Brock W. J. Cotton, Jr. Lloyd Stewart Jesse Alphin M. H. Brock Patsy H. Nobles H. D. Carson, Jr. Rachel W. Blanchard Vanessa W. Young Thomas Allen Lottie Patterson Rachel S. Korpulinski Alice R. Shmper W. Earl Jones Alice Schmincke Edna W. Butts Jackie J. Pate Wade H. Stewart Edna K. Newton Madie Lee Morgan Joyce J. Oliver Lemuel C. Gregory, Jr. B. F. Temple Lewis C. Rosser, Jr. Johnny Halcomb Clyde F. Pate Sammy R. McLean Rufus H. Parrish Billy G. Wallace Ronald P. Green James E. Turnage John H. Atkins, III Connie C. Spence Henry J. Jacobs Stanley Byrd Roger W. Lyon Henry D. Hood, III Donald R. McLamb Donald E. Colville Caviness R. Stewart Flora Green Milton Clyde L. Ross June S. Britt Annie L. Griffis Shirley McLean Paul B. Drew B. E. Sturgill Ruth Sturgill Gladys Walker Helen R. Crews Naomi F. Hawley Glyness Meeks Patricia W. McDonald Madeline W. Hawley Mary P. Avery Annie Lee Gainey Bobbie S. Mize Sandra B. Dickens Emma Lee West Harvey V. Godfrey Marjorie G. Wade Joyce G. Pulliam Egeta Williams John D. Davis Jane H. Smith Bonnie B. Beasley john C. Harvey Cynthia T. Schumann Edward D. Rice Benita J. Messer Emmett J. Allen Mazelle M. Stephenson 193.79 189.96 266.28 170.12 254.28 227.62 112.98 162.30 155.24 182.30 44.72 225.00 200. -0 114.00 200.00 200.00 582.20 352.16 815.89 437.26 375.62 749.15 406.86 337.86 367.95 655.10 438.86 368.18 363.57 725.50 378.18 364.47 356.62 560.29 486.65 490.89 491.65 495.60 481.60 410.89 479.89 462.70 540.65 490.89 449.85 512.65 487.89 520.60 492.89 438.85 378.70 451.71 546.15 392.86 348.17 342.08 347.13 311.44 553.08 407.17 266.19 839.96 477.06 503.53 431.26 429.19 431.26 367.22 412.22 392.63 747.38 702.43 672.79 643.24 623.20 616.34 700.06 483.59 601.81 721.43 582.42 395.22 417.98 439.03 9017 9018 9019 9020 9021 9022 9023 9024 9025 9026 9027 9028 9029 9030 9031 9032 9033 9034 9035 9036 9037 9038 9039 9040 9041 9042 9043 9044 9045 9046 9047 9048 9049 9050 9051 9052 9053 9054 9055 9056 9057 9058 9059 9060 9061 9062 9063 9064 9065 9066 9067 9068 9069 9070 9071 9072 9073 9074 9075 9076 9077 9078 9079 9080 9081 9082 9083 9084 9085 9086 9087 9088 9089 9090 9091 9092 9093 9094 9095 9096 9097 9098 9099 9100 9101 9102 9103 Ruby C. Jenkins Mary A. Parker Joyce G. Brown Richard C. Giles Roxanne R. Ayers Bonnie B. Temple Vickie N. Turlington Edna J. Black Margie Harrington Kathleen Thomas Pauline Sanford Maydell A. Hatley Donna Sue Taylor Annie P. Dean Linda C. Sprinkle Jane M. McLeod Teresa S. Cummings Wilma McGregory John R. Warren Robert L. Coats Shirley Anne Jones Carra G. Avery Dana B. Myrick James E. Goff H. W. Lloyd Earl Lee Childers, Jr. Lincoln Blanding Stephen B. Warrick Juanita S. Hight Bettie E. Giles Wanda J. Hardison Jennifer Speas Virginia L. Simmons Ophelia McLean Lorena H. Jackson Henry S. Thompson Lida R. O'Quinn Rebecca S. Coleman Louise M. L1olid Patrbia A. McKee Hoyt B. Fowler Donald R. Womble Margaret N. McDonald Alta Pearl Pope Evelyn B. Howard Bertha M. Taylor Muriel F. Cann Alma Jean Bass Frances H. McKay Kathy S. McAllister Neta T. Worth William F. Roach Lula B. Morrison Annie Pearl McNeill Janet T. Blackwell Herbert E. Hudson Corbett A. Coats Robert J. Burnette John Henry Strickland George G. Pope John Jay West Margaret R. Randall Janet H. Johnson Nina P. Bethune Melanie H. Collins Virginal S. Warren Thomas T. Lanier Lillian B. Smith Jean M. Irvin Edward H. McCormick Roy S. Godwin Thomas H. James Lee Vernon Harris Dories McKoy Henry McDougald Milton Harrington Tony M. Tucker Bessie W. Moss Fred D. Freeman, Jr. Owen H. Willis, Jr. Robert A. Gray, Jr. Robert A. Barefoot Steve Allen Hylton Joseph D. Lucas Wayne Faircloth Grace L. Stoen Harriette H. Britt 470.38 406.82 453.23 497.35 341.00 368.67 746.34 530.55 495.91 540.97 574.65 427.93 487.28 665.82 426.07 576.38 605.37 652.04 638.27 756.90 356.45 334.79 219.92 427.50 471.00 300.00 271.95 276.00 314.23 339.60 287.15 334.00 287.78 255.78 336.13 1,024.54 860.58 626.08 622.18 592.47 759.07 799.36 439.93 380.87 348.47 376.48 620.93 367.87 691.71 544.77 436.13 766.16 377.43 385.73 620.38 591.74 556.77 416.22 384.87 268.19 262.48 573.34 196.59 335.24 329.13 414.23 711.52 382.98 525.97 300.00 70.61 378.57 345.37 313.17 299.17 336.02 923.80 444.22 721.81 782.64 675.46 732.96 248.56 689.18 892.33 646.08 366.95