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HomeMy WebLinkAbout040519822 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