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HARNETT COUNTY BOARD
CALL TO ORDER
PRAYER
MINUTES APPROVED
DOT
ERWIN FIRE DEPT.
AND RESCUE
CONTRACT
OF_ COMMISSIONERS MEETING, APRIL 5, -1982
The Harnett County Board of Commissioners met in regular session
on Monday; April 5, 1982,' in-the-Commissioners Room, County
Office Building, Lillington.`North- Carolina, with the following
members present:' Rudy Collins,Bill Shaw, and Chairman Jesse
Alphin presiding. Vanessa W. Young, Clerk to the Board, and
Edward H. McCormick, County Attorney, were also present. Commis -
sioners Jack Brock and Lloyd G. Stewart were absent.
Chairman Jesse Alphin called the meeting to order at 9:15 a.m.
Commissioner Rudy Collins led the morning prayer.
The minutes from the Harnett County Board of Commissioners meeting
of March 15, 1982, and March 22, 1982, 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.;
Upon motion of Commissioner Collins, - seconded by Commissioner
Shaw, the following contract and agreement between Harnett County
and Erwin Fire Department and Rescue Squad, Inc., was unanimously
adopted:
_.NORTH CAROLINA
- HARNETT COUNTY
CONTRACT AND AGREEMENT
THIS CONTRACT AND AGREEMENT, Made and entered into this -the' 5th day of
April, 1982, by and between the COUNTY OF HARNETT, party of the first part,
referred to as County, and the ERWIN FIRE DEPARTMENT AND RESCUE:SQUAD,
INC.; party of the second part, also referred to as Fire Department;
1 TNErS S ET H:
THAT WHEREAS, N.C.G.S. 69 -25.5 provides that counties may provide for
fire protection in a fire district by contracting with any incorporated non-
profit volunteer or community fire department; and
WHEREAS, the new N.C.G.S.'159- 13`(a)(8), which became effective July 1,
1973, provides that the budget ordinance "may be in any form that the Board
of Commissioners of Harnett County deems most efficient in enabling it make
the fiscal- policy decisions embodied therein, but it shall be so organized that
the accounting system will show appropriations and revenues by line items
within at least the following- -funds . . -by . ." the County of Harnett; and
WHEREAS, the party of the second part is a non-profit corporation organized
for fire protection purposes; and
EREAS it serves a special tax district created by 'a vote of the people;
and
WHEREAS, the County` of Harnett levies and collects the taxes and is
responsible for appropriating said funds for the use and benefit of the citizens
in the fire protection district, and
WHEREAS, the County desires to grant a long -term don tract to enable party
of the second part to make long-range plans; and
WHEREAS, the County desires to standarize all its arrangements with.
.Fire Departments in the County;
NOW, - THEREFORE, -in consideration of the premises and the consideration
of TEN DOLLARS to each 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 7 cents per one hundred dollar
valuation of all real and personal property in the Erwin Rural Fire Protection.
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 Fire Department -to the County and approved by the Commissioners.
2. That a special or separate fund shall be maintained by the County for
funds collected as a result of said special tax.
27
FLEET INSURANCE
3. That monthly collections of current taxes shall be paid to Erwin
Fire Department and Rescue Squad, Inc., by the 15th day of the month following
the month of collection by the County; that quarterly collections of delinquent
taxes shall be remitted by the 15th day of the first month after the end of
each quarter.
4. The party of the second part shall provide the necessary equipment
and personnel for furnishing adequate fire protection as determined by the
North Carolina Department of Insurance, Fire and Rescue Service Division for
all property located within the Erwin Rural Fire Protection District, and it wi
furnish said fire protection free of charge to all persons and individuals lo-
cated 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 fire protection within
Erwin Rural Fire Protection District, and to pay other legitimate fire
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
and accounts for the party of the second part at any time that it shall desire,
it is further agreed that the Fire District will present to the County
Commissioners an annual audit by a C.P.A. which audit shall be in conformity
with existing audit policies of the County.
The party of the second part agrees to comply with County budgeting
procedures and other procedures provided for by State Law and agreees 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 stand
line items for accounting devised or consented to by the County Accountant
from time to time.
8. This contract shall expire on the 1st day of July, 1985, and may not be
transferred or assigned without consent of the County.
9. The party of the second part further agrees to file with the County
Auditor a true copy of the Articles of Incorporation, existing By -Laws and any
changes made thereto from time to time; further, the party of the second
part agrees to adopt By -Laws which meet all minimum legal requirements and
which By -Laws, in addition thereto, have reasonable provisions enabling
citizens of the community to participate in the affairs of the corportation at
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 of
the extent permitted by N.C.G.S. 55A, the North Carolina Nonprofit Corporation
Act.
10. That nothing contained in this contract shall be construed to prohibi
the Fire Department from entering into mutual aid pacts with other fire
departments or doing any other act in furtherance of its fire fighting and pre-
vention duties; nor shall any requirement stated herein cause the County to be
liable for any acts or obligations of the fire department and its members.
Nothing contained in this contract shall be construed to restrict the fire
department from entering into contracts to provide similar fire protection
and prevention services to other fire protection districts or municipalities,
provided, however, such additional contractual relations with other districts
or municipalities do not affect the services to Erwin Rural Fire Protection
District nor the rating of the fire department with the North Carolina Depart-
ment of Insurance, Fire and Rescue Service Division.
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 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 Director duly given.
A proposal was submitted to the Board requesting that the collison
on the County's fleet insurance be raised from $100 to $500
deductible and the liability be increased from $300,000 maximum
bodily injury and $50,000 maximum property damage to $500,000
bodily injury and property damage per single accident. Commissio
Shaw made a motion that the aforementioned proposal be approved,
Commissioner Collins seconded the motion and it carried with
a unanimous vote.
AMBULANCE SERVICE Dah.Gardner, Captain of the Harnett County Ambulance Service,
REQUEST FOR RE- appeared before the Board and requested that the Board consider
PEATERS purchasing vehicular repeater system hardware for the ambulances
and portable radios, which would enable the EMTS to communicate
to the dispatchers and hospitals outside of the. vehicle.
Mr. Gardner explained that a grant. in the amount of $1,689 was
available through the Governor's Highway Safety Program for the
two repeaters but not for the portable radios. Mr. Gardner
stated that the total cost of two repeaters would be approximately
$3,839 and the two portable radios would cost a total of $2,700.
Following "a discussion of this matter, it was the decision of the
Board to refer this request to the Communications Systems commit-
tee.-
VOLUNTEER WEEK
Upon motion of Commissioner Collins, seconded by Commissioner
Shaw, the following resolution proclaiming the week of April 14
24, 1982, Volunteer Week in Harnett County was unanimously
adopted:
HARNETT COUNTY
NORTH CAROLINA
RESOLUTION
WHEREAS, Harnett County has been made strong and her people proud by
a history and tradition of neighbors helping neighbors, individuals serving
one another, and citizens responding to community needs; and
WHEREAS, most of us remember the many continuing personal contributions
that others make to our lives and desire to give that legacy to others; and
WHEREAS, the need for a volunteer' spirit and commitment which expresses
itself in is a current challenge of great proportion and urgency; and
WHEREAS, any citizen can be a volunteer and receive the joy of doing
for others while improving one's own life; and
WHEREAS: it is fitting and appropriate that, from time to time,
we pause to say a work'of appreciation to those who have given of
themselves and their resources to those-in need;
THEREFORE, We, the Harnett County Board of Commissioners „do hereby
proclaim the week of April 18- 24,x1982, as
NATIONAL VOLUNTEER WEEK IN HARNETT COUNTY
and urge all North Carolinians both to recognize the volunteer contributions
from which they have benefitted and to begin, or continue, some regular
volunteer service-t6 individuals and communities across the county and
state.
Done This the Fifth Day of April,` Nineteen Hundred and Eighty -two.
Upon motion of Commissioner Collins, seconded by Commissioner
Shaw, the following resolution proclaiming the week of April 25 -
May 1, 1982, Emergency Medical - Services Week in Harnett
County was adopted:
HARNETT COUNTY
NORTH CAROLINA
PROCLAMATION
WHEREAS, our emergency medical services system provides life- saving
care to the citizens of this State and of this County; and
WHEREAS, thousands of emergency medical technician, paramedies, emergency
department physicians, and nurses are trained in a variety of emergency
medical techniques; and
WHEREAS, a vast number of our citizens have been trained in
cardiopulmonary resuscitation so they may help their fellow citizens
of need; and
in time
WHEREAS, concerned citizens and elected offficials are serving on regional
emergency medical services councils throughout the State to further guide
the local development of a comprehensive emergency medical care system; and
WHEREAS,; a large number of these individulas unselfishly volunteer
their time to provide this valuable "service; -and
DUNN HEALTH
DEPARTMENT
AUTHORIZED
TO MAKE
DEPOSITS
WHEREAS, recognition is due these individuals who serve on behalf of all
North Carolinians:
NOW, THEREFORE, WE, The Harnett County Board of Commissioners do hereby
proclaim the week of April 25 - May 1, 1982, as
EMERGENCY MEDICAL SERVICES WEEK
in Harnett County and commend this observance to our citizens.
At the Board of Commissioners meeting of March 15, 1982, Mr. Henry
Thompson, Director of Health, appeared before the Board and requested
that the Health Department in Dunn be authorized to make deposits on a
less than daily basis at the Tax Office in Lillington because their
collections are so small and because of the commuting involved. The
Board referred the request to a committee consisting of M. H. Brock,
Vanessa W. Young, and Mr. Thompson. Vanessa Young, Finance Officer,
reported to the Board that the Committee had discussed this matter and
decided for the Dunn Health Department to deposit their collections on
a daily basis in the Bank of North Carolina in Dunn. The Health Department
would keep their deposit slips until the end of the month and then turn
them in to the Finance Officer.
BUIES CREEK Upon motion of Commissioner Collins, seconded by Commissioner Shaw, the
COATS SEWER following resolution relating to the Buies Creek -Coats Sewer Project
PROJECT was unanimously adopted:
A RESOLUTION RELATING TO THE
BUIES CREEK -COATS SEWER PROJECT
THAT, WHEREAS, an application for approval of the issuance of General Obligation
Bonds by Buies Creek -Coats Water & Sewer District of Harnett County, North Carolina,
has been filed with the Local Government Commission; and
THAT, WHEREAS, the Board of County Commissioners for the County of Harnett did
heretofore on the 15th of March, 1982, hold a public hearing relative to the Buies
Creek -Coats Sewer Project at which time, the Board of County Commissioners adopted
upon second reading an "Order Authorizing $2,500,000 Sanitary Sewer Bonds" and in
addition thereto adopted "A Resolution Approving the Buies Creek -Coats Sewer Project"
wherein certain findings were made; and
THAT, WHEREAS, since the time of said hearing and upon application of the County
of Harnett, the Federal Government, acting through the Farmers Home Administration,
has made an additional grant of $750,000.00 for said project; and
THAT, WHEREAS, it is desirable for the Board of Commissioners for and on behalf
of the District to make further findings concerning the project;
NOW, THEREFORE, The Board of Commissioners of the County of Harnett, acting as
the governing body of the Buies Creek -Coats Water and Sewer District of Harnett County,
North Carolina, hereby makes the following.
FINDINGS
1. The proposed undertaking is for the construction of a sewage collection and
disposal system in the Buies Creek -Coats Water and Sewer District at a total cost
of $5,900,000. Of this amount, a bond issue of $1,843,000 is proposed. A summary of all
fund sources is as follows:
Local Share
Clean Water Bond
FmHA Grant
FmHA Loan (Bonds)
$ 250,000
1,377,500
2,429,500
1,843,000
$5,900,000
The collection of local share funds is imperative and must be on hand before
construction will be allowed to being (local share funds must be used first before
loan or grant funds).
It is anticipated that the local share of $250,000 will be raised by a user
connection fee to be paid in advance of the construction. Since the local share needs
must be on hand prior to construction of the system, it is necessary to estimate the
percentage of persons who may fail to pay said fee on time and whose account will remain
unpaid at the time the contracts for construction are let. The Engineering report
discloses that there is expected to be approximately 1,272 residential users and approxi-
mately 9 commercial users. This percentage is estimated to be approximately 20 %. Thus,
the needed amount from a residential user is $250 and from a commercial user is $500
should be due and payable not later than Septemberl, 1982. Accordingly, a residential
unit connection fee schedule - allowing a discount from a standanlconnection fee
for timely payment - is to be adopted as follows:
fjo
$250 if paid prior to September 2, 1982
$275 if paid prior to October 16, 1982
$300 if paid prior to December 2, 1982
$500 if paid after December 1, 1982
Commercial unit connection fee is to be twice the amount of the residential
connection fee as set forth in the above schedule.
After December 1, 1982, standard mandatory connection charges of $500.00 will
be due from district residential users plus interest, and collection charges.
Any money generated in excess of the $250,000 needed, if any, will be paid into
a special account for needed use by the district. The purpose of the foregoing
schedule is to prevent those who made prepayments by September 1, 1982, from paying
more than their prorata share:of the $250,000 and to give a discount to those
who pay between September 1, 1982, and December 1, 1982.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Harnett
County, North Carolina, acting as the governing board of the Buies Creek -Coats
Water and Sewer District of Harnett County, North Carolina, that:
1. The $250,000 local share of funds be raised by connection charges of fees
on a per unit user basis as set forth above to be due not later than September 1,
1982, in the amount of $250 per residential unit and $500 per commercial unit.
2. The schedule set forth above constituting a discount from a standard
connection charge be established for early payment.
3. The findings and resolves heretofore made and adopted on March 15, 1982,
not inconsistent herewith, are restated and reaffirmed.
Passed this the 5th day of April-, 1982, for and on behalf of the Buies Creek-
Coats Water and Sewer District of Harnett County, North Carolina, by the Board
of Commissioners of Harnett County, North Carolina.
CRISIS INTER- Mrs. Crews, Director of the Harnett Cottity Department of Social Services
VENTION BUDGET appeared before the Board and informed the Commissioners that the County
AMENDMENT had received an additional allocation of Crisis Intervention and
Administrative Funds in the amount of $18,486. Mrs. Crews requested
that the total allocation be divided with $8,000 budgeted for the
F. Y. 1981 -82 and $10,486 budgeted in the 1982 -83 budget. Commissioner
Shaw made a motion that Code 611 -188, Crisis Intervention, be increased
by $8,000, Commissioner Collins seconded the motion and it carried.
BUDGET AMEND-
MENT, SCHOOL
CURRENT
EXPENSE
SHERIFF'S
REPORT
TAX COLLECTOR
A budget amendment in the amount of $52,500 to Code 690 -110, School
Current Expense, Special Appropriations, was presented to the Board for
consideration. Mr. Gray explained that the Board of Education had
paid the Architects $52,500 as partial payment for the working drawings
phase of the Architectural Services for the Area III High School, and
the County's budget had to be amended in order to reimburse the Board
of Education. A question was asked by the Commissioners as to whether
or not a retainage was held on this service. Mr. Gray checked with
Mr. Robert Jones, Attorney for the Board of Education, and informed
the Commissioners that the contract for the preliminary architectural
services did not call for a retainage but a retainage would be held
after construction starts. It was the decision of the Board to table
any action on this amendment until a later Board meeting.
Sheriff Lewis Rosser appeared before the Board and gave a report on the
activities of his department for :the month of March, 1982.
Thomas Allen, Tax Collector, appeared before -the Board and gave a report
on the activities of this department for the month of March and his
plans for April, 1982.
TAX SUPERVISOR Mr. Thomas Allen, Tax Supervisor, requested the following refunds::
1. Lula E. McNeill, c/o Edward Elliott, Rt. 10, Box 515, Fayetteville,
North Carolina, 28301, refund in the amount of $14.46, a 1976
chevrolet was double listed with Alexander McNeill Heirs.
2. Denise Feehan, 1433B, Artesian Court, Fayetteville, NC 28304,
Barbecue Township, refund in the amount of $43.32, listed property
and paid taxes in both Harnett County and Cumberland County. She
is a resident of Cumberland County.
3. Steven L. & Geneva L. Gordon, 7025 Ray Rd., Lot No. 10, Spring
Lake, NC 28390, Anderson Creek Township, refund for the year 1980
for $100.53, Personal property and house trailer exempt. Home of
records show Atkens, Georgia, as State of Residence.
1
31
TAX ATTORNEY
EXPENDITURE
REPORT
STATEMENT OF
INVESTMENTS
RESOLUTION OF
APPRECIATION TO
FIREFIGHTERS
4. H. F. & Hazel Wood, Rt. 2, Angier, NC 27501, Black River
Township, refund in the amount of $99.34 for the year 1981.
A tract was placed in land use and the land use value was
not charged in 1981.
5 William 0. and Rachel Wade, P. O. Box 522, Erwin, NC 28339,
Duke Township, in the amount of $53.79, mobile home was liste
as personal property and also priced as real estate.
6. George E. & Effie C. Hester, Rt. 3, Lillington, NC 27546,
Upper Little River Township, refund in the amount of $35.60,
metal bulk barn on George E. Hester's tract, belongs to Tim
Currin.
7. Peggy S. Bryan, 1503 Wellons Avenue, Dunn, NC 28334, Averas-
boro Township, in the amount of $211.49, house was valued
as 1 1 story and should have been valued as one -story with
attic.
Commissioner Collins made a motion that the aforementioned tax
refunds be approved, Commissioner Shaw seconded the motion and
it carried.
Marshall Woodall, Tax Attorney, appeared before the Board and
presented the following tax attorney's report:
Anderson Creek Township
Vincenzo and Dona B. DeAngeles
Charles E. Harris
Averasboro Township
Vann Goodman Heirs
Buckhorn Township
James R. Wittman
Duke Township
Claude J. Tew
Wrellie and Mamie McKoy
No Suit
78 CVD 0184
No Suit
No Suit
69 CVD 1331
No Suit
Grove Township
Mayton Upchurch, Sr. No Suit
Hectors Creek Township
Lenzy Brown
Linwood & Carrie McKoy
Randall Wright Smith
Lillington Township
Roy McCaden
82 CVD 0151
No Suit
No Suit
5869.10 25.00
467.00 55.00
240.84 25.00
72.98 25.00
73.09 55.00
130.81 25.00
293.04 25.00
136.21
283.48
2022.60
55.00
25.00
25.00
79 CVD 0690 699.88 40.00
$10,289.03 $380.00
The quarterly expenditure and revenue report for the period
ending March 31, 1982, was filed with the Board.
The Statement of Investments report for the month ending March
31, 1982, was filed with the Board.
Commissioner Shaw presented and moved for the adoption of
the following resolution of appreciation to the firefighters
and others who fought the fires during the weekend of April
Third and Fourth, Commissioner Collins seconded the motion and
it carried:
Harnett County
North Carolina
RESOLUTION OF APPRECIATION
TO FIREFIGHTERS AND OTHERS
THAT, WHEREAS, fires in Western Harnett during the weekend of April
Third and Fourth, 1982, damaged forest, homes, and other property, and
threatened life before being brought under control; and
WHEREAS, high winds increased the speed with which the fires consumed
all the property in their path; and
WHEREAS, many brave firefighters and rescue workers from this and
surrounding counties joined forces with private firms, forestry services,
Pope Field Air Force personnel, Fort Bragg personnel, Harnett County
ADJOURNMENT
governmental services, and others who -- provided firefighting and rescue
- equipment and stopped the destruction, removing the threat to human life;
and
WHEREAS, numerous volunteers of the County contributed food and beverages
and gave freely of their strength, time, and resources to assist the fire -
fighters in bringing the fire under control; and
WHEREAS, individual citizens of Harnett County have been expressing
their wonder and deep appreciation for the fire and rescue effort that
was directed from the command post at Union Methodist Church; and
WHEREAS, the County desires to express appreciation to and commend
all who assisted, but has not at this time received a full report on all
who were involved.
NOW, THEREFORE, BE IT RESOLVED
COUNTY THAT:
BY THE BOARD OF COMMISSIONERS OF HARNETT
1. The County of Harnett expresses its appreciation to all organizations
and individuals who assisted in the firefighting and rescue efforts and com-
mends each organization and individual involved.
2. A copy of this resolution be furnished to the media so that
individuals with knowledge of the names of the organizations involved may be
reported to the Board of Commissioners for appropriate individual action.
3. A copy of this resolution be sent to each County and to each
organization who assisted in the firefighting and rescue effort with a
request that the members of each such organization be advised that the
citizens of Harnett County appreciate their great efforts.
Passed on this the Fifth Day of April, Nineteen Hundred and Eighty -two.
There being no further business, the Harnett County Board of
Commissioners meeting of April 5, 1982, duly adjourned at 10:40
a.m.
Clerk a