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HomeMy WebLinkAbout11161987434 HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, NOVEMBER 16, 1987 CALL TO ORDER PRAYER MINUTES APPROVED GRAVEL TRUCKS ON S.R. 1406 U.S. MARSHALL'S OFF. HOME HEALTH ON -CALL PAY PETITION RE: FLAT BRANCH FIRE DEPT. The Harnett County Board of Commissioners met in regular session on Monday, November 16, 1987, at the County Office Building, Lillington, North Carolina, with the following members present: Rudy Collins, Bill Shaw, Mack Reid Hudson, Mayo Smith, and Chairman Lloyd G. Stewart presiding. Others present were: Dallas H. Pope, County Manager; Vanessa W. Young, Clerk to the Board; Glenn Johnson, County Attorney, and Kay S. Blanchard, Recording Secretary. Chairman Stewart called the meeting to order at 7:00 p.m. Commissioner Collins led the evening prayer. The minutes from the Board of Commissioners meeting of November 2, 1987, were approved. Mrs. Brenda Lett, spokesperson for approximately 120 citizens from the Duncan area in attendance at the Board meeting, requested support from the Board to prohibit usage of SR 1406 by gravel trucks from proposed mining site in Wake County. The following citizens from the Duncan area also appeared before the Board and requested their support: Mr. Bob Kinton, Mr. E.C. Bissette, Mr. L.V. Pegram, Mrs. Ann Carroll, Mr. Michael Chapman, Mr. Mark Carroll, Mrs. Betty Bissette, Mr. Mitchell Chase, and Mrs. May Hasbrook. Commissioner Collins made a motion to authorize the Chairman of the Board of Commissioners to sign a resolution supporting the request of the citizens, and for the resolution to be forwarded the North Carolina Department of Transportation. Commissioner Shaw seconded the motion and it passed with a unanimous vote. William I. Berryhill and William H. Dickinson, U.S. Marshal's Office, appeared before the Board to discuss proposed agreement between Harnett County and U. S. Marshal's Office for housing of federal prisoners. Commissioner Hudson made a motion for the County to enter into contract with the Marshall's Office. Commissioner Smith seconded the motion. The motion failed with vote of ayes 2, noes 3. Dallas H. Pope, County Manager, presented request for support from the Knights of Columbus. Commissioner Collins made a motion that the request be denied. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Henry Thompson, Health Department Director, requested pay for on -call service for Home Health nurses. Commissioner Hudson made a motion to approve the following fee schedule: Payment for being on -call $50.00 Payment for each visit while on -call 23.00 Additional pay for a workday holiday 15.00 (example: $30 for Thanksgiving Holidays, $30 or $45 for Christmas) and to approve the following budget amendment to reflect payment to nurses retroactive to October 1, 1987: code 10- 7610 -002 salaries $9,261 increase code 10- 7610 -005 FICA 696 increase code 10- 7610 -007 retirement 466 increase Commissioner Smith seconded the motion and it passed with a unanimous vote. Holt Felmet, representing Flat Branch Volunteer Fire Department, Inc. Board of Directors, presented petition and request to expand the fire district. Commissioner Shaw made a motion to accept the petition as presented; to have Tax Department verify property owner's names listed on petition, and to set a public hearing for December 21, 1987, at 7:00 p.m. at Harnett County Office Building. Commissioner Collins seconded the motion and it passed with a unanimous vote. Glenn Johnson briefed the Board on proposed Coats -Grove Special Service District stating that a referendum has been set for March 7, 1987. BUD. AMEND. TAX DEPT. Bobby Wicker, Tax Administrator, requested a budget amendment for code 10- 4500 -004, Professional Services, increase of $5,000. The budget amendment is needed due to increase of work by Tax Attorney for collection of delinquent taxes. Commissioner Collins made a motion to approve the budget amendment. Commissioner Hudson seconded the motion and it passed with a unanimous vote. TAX REFUNDS Bobby Wicker, Tax Administrator, requested the following tax refunds: 1. Naomi Fortenberry, Rt. 2, Box 215, Lillington, NC $1,252.45 2. James Fred Wade, Rt. 3, Box 332 -H, Angier, NC 78.54 435 BUDGET AMEND. JAIL BUDGET AMEND. COMMUNICATIONS BUDGET AMEND. JURY COMMISSION BUDGET AMEND. CLASS. STUDY REGION "M" REAPPOINT. DELE. TO REGION "M" NEW FACILITY - CCTC-HCC LEASE AGREEMENT DUNN AREA 200 MONTHLY REPORTS 3. Rodney Lewis Yarborough and wife Darlene S. Yarborough, Rt. 1, Box 357, Broadway, NC 4. Dennis & Eloise Boyette, c/o First Federal Savings & Loan, Dunn, NC 5. Baptist Children's Homes of NC, Inc., P. 0. Box 338, Thomasville, NC 6. Teddy & Sheila Byrd, P. 0. Box 778, Lillington, NC 7. C. F. Lucas, Heirs, c/o J.C. Wilbourne Rt. 1, Erwin, NC 143.52 94.92 396.25 101.99 18.04 Commissioner Smith made a motion to approve all of the above listed tax refunds. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Larry Knott, Operations Officer, Sheriff Dept., requested a budget amendment to the Jail budget to provide funds for part -time salary for jailors and cooks based on fill -in for position vacancies and leave schedule; code 10 -5120 -003, Salaries & Wages - part -time, increase of $20,000. Commissioner Collins made a motion to approve the budget amendment. Commissioner Smith seconded the motion and it passed with a unanimous vote. Larry Knott, Operations Officer, Sheriff Dept., requested a budget amendment to the Communications budget to provide funds for part -time salary line item increase due to permanent position vacancies and other unforeseen requirements; code 10 -5110 -003, Salaries & Wages - part -time, increase of $13,000. Commissioner Collins made a motion to approve the budget amendment. Commissioner Smith seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested a budget amendment for Special Appropriations for expenses incurred for jury commission; code 10- 8700 -164, Jury Commission, increase of $4,000. Commissioner Smith made a motion to approve the budget amendment. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested a budget amendment for Special Appropriations for code 10- 8700 -158, Classification Study- Region "M ", increase of $4,848. This is a carry forward amount according to contract with Region "M" for Personnel /Pay and Classification Plan. Funds were not expended in last year's budget. Commissioner Smith made a motion to approve the budget amendment. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Commissioner Hudson made a motion to reappoint Commissioner Mayo Smith delegate to Region "M" Council of Governments for 1988. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Commissioner Shaw made a motion that the funding documents associated with construction of a new facility on the Harnett County CCTC campus for providing $350,000. of local funding be approved and also a budget amendment in the amount of $350,000. be approved under Special Appropriation, 10- 8700 -165 for $350,000. for construction of new facility. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Glenn Johnson, County Attorney, presented for consideration, a lease agreement between Harnett County and The Dunn Areas Committee of 200, Inc. Commissioner Smith made a motion to approve the lease agreement. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The lease agreement is copied in full at the end of these minutes dated November 16, 1987, as document No. 1. Monthly reports for October were presented to the Board from the Sheriff's Department, Tax Department, Health Department, Ambulance Service, and Inspections. DOROTHY POPE Commissioner Smith made a motion that a letter of appreciation from the PRAISED - COMMUNITY Board be sent to Mrs. Dorothy Pope for her outstanding work as chairman of PRIDE this year's Community Pride. Commissioner Hudson seconded the motion and it passed with a unanimous vote. ADJOURNMENT There being no further business, the Harnett County Board of Commissioners meeting of November 16, 1987, duly adjourned at 9:30 p.m. / Loyd . Stewart, Chairman Vanessa W. Young, Cl rk td"the Board lanchard, Recording Sec. 438 DOCUMENT-NOT-1: NORTH CAROLINA, HARNETT COUNTY.. LEASE AGREEMENT THIS LEASE AGREEMENT, Made and entered into as of the day of , 1987, by and between HARNETT COUNTY, a body politic and corporate organized and existing under the laws of the State of North Carolina, Front Street, Lillington, North Carolina, party of the first part, hereinafter called "Lessor," and THE DUNN AREA COMMITTEE OF 200, INC., a nonprofit corporation organized and existing under the laws of the State of North Carolina, Magnolia Avenue, Dunn, North Carolina, party of the second part, hereinafter called "Lessee "; W ITN E S S E T H: That Lessor, in consideration of the agreements and cove- nants hereinafter set forth to be fulfilled by Lessee, does hereby demise and lease to said Lessee, for a period ending April 15, 1993 plus the remaining term of any sublease then in effect upon the below described premises as hereinafter set forth, and beginning on the day of , 19_, the below described premises, to wit: A parcel of land situate and being in Averasboro Township, Harnett County, North Carolina, comprised of a block or square in the Town of Dunn, North Carolina, bounded on the north by Bay Street; on the east by Magnolia Avenue; on the south by Canary Street; and on the west by Clinton Avenue, the same being a lot 300 ft. by 300 ft. in size and being the land described in the deed of P. T. Massengill and wife and others.regis - tered in Book 198, Page 290, in the office of the Register of Deeds of Harnett County. The above described property is the Third Tract in the deed from the Board of Trustees of Dunn Graded School District to the Board of Education of Harnett County dated June 15, 1927, and recorded in Book 222, Pages 356 -357, Harnett County Registry. And being the same lands conveyed to Harnett County by Board of Education of Harnett County by deed dated April 14, 1987, and recorded in Book 840, at Page 813, Harnett County Registry.: Such lease shall be on the following terms and conditions: 1. Lessee shall have use of the above described property pursuant to the terms and conditions hereof without rental charge. 2. Lessee shall use the above described premises only for the purpose of maintaining a small business incubator facility as described in the Incubator Facilities Program created by the North Carolina Legislature in 1983. Said facility shall be main- tained pursuant to rules and guidelines established by the staff and Board of Directors of the North Carolina Technological Development Authority and in accordance with the incubator facility contract between the Lessee and said Authority executed by the Lessor on October 26, 1987. If said premises are used for any other purpose whatsoever, this lease shall be terminable at the option of the Lessor without notice. 43? 3. Lessee shall return the above described premises to Lessor at the expiration of this lease in as good condition as when it first occupied the same, ordinary wear and tear excepted. Lessee shall be solely and exclusively responsible for all main- tenance, repair and upkeep of the subject premises, and any improvements thereto which might be necessary in connection with its usage thereof. Further, Lessee shall be liable for any damage done to said premises during its occupancy thereof. 4. Lessee shall be solely and exclusively responsible for the cost of all utilities used in connection with the subject premises during the term of this lease. 5. Lessee shall keep the above described premises insured with fire and casualty insurance coverage acceptable to and for the benefit of Lessor in an amount of not less than $270,000. , and all premiums for such insurance shall be paid by Lessee. Further, Lessee shall secure and maintain liability insurance in accordance with Section I, paragraph E of the incubator facility contract between Lessee and the North Carolina Technological Development. Authority. Said insurance shall protect the interest of Lessor, and the cost thereof shall be borne by Lessee. 6. Lessee shall have the right to sublease portions of the above described premises as contemplated by the Incubator Facilities Program and in compliance with the rules and guide- lines of such program. Except as so allowed, Lessee shall not assign this lease or sublet any part of the subject premises. 7. Lessee shall not make any changes in or additions to the leased premises without the prior written consent of Lessor, except that Lessee shall have the right to make improvements which enhance the appearance and value of said premises which are consistent with the needs of Lessee as herein set forth. 8. The termination date of this lease agreement shall be April 15, 1993 as above set forth. However, said date of termina- tion shall be extended to include the period remaining on any sublease granted‘by Lessee as herein authorized which is in effect on April 15, 1993. 9. Lessee shall hold Lessor harmless from and against any loss, damage or liability of any sort whatsoever arising out of the use of the subject premises by Lessee or anyone else during the term of this lease; Lessee shall bear the cost of any defense which might be necessitated by or on behalf of the Lessor as a result of Lessee's occupancy and use of said premises; and Lessee shall well, fully and truly indemnify Lessor from and against any loss or damage of any type whatsoever so arising. 438 IN WITNESS WHEREOF, Harnett County has caused this instru- ment to be executed in its name by the Chairman of the Harnett County Board of Commissioners and attested by the Clerk to said Board and sealed with the common seal of said County, all under authority granted by the Harnett County Board of Commissioners, and The Dunn Area Committee of 200, Inc. has caused this instru- ment to be executed in its corporate name by its President, attested by its Secretary and its corporate seal to be hereunto affixed, all by authority of its Board of Directors duly given, the day and year first above written. (SEAL) HARNETT COUNTY By: ATTES Clerk, Harnett C Board of Commiss an, Harnet County Board of Commissioners • THE DUNN AREA COMMITTEE OF 2004 INC. By: (Corporate Seal) President ATTEST: Secretary NORTH CAROLINA, HARNETT COUNTY. 1, kaa,,,, / ,,uKtlimi , a Notary Public of the County and State aforesaid, certify that L.Ioyd.b.S#tiaarh person - ally came before me and being by me duly sworn, says that he is the Chairman of the Harnett County Board of Commissioners, and that entsaa W, hdd is the Clerk of the Harnett Count y Board of Commissione ,,,, rs, /that the seal affixed to the foregoing and attested instrument is the seal of Harnett County, and that the said instrument was signed by him as Chairman of the Harnett . County Board of Commissioners and by the Clerk of the Harnett County Board of Commissioners, who affixed the official seal of Harnett County, to the instrument; and that the said J.J'd 4. S•i'twarl ,y - , Chairman of the Harnett County Board of Commissioners, acknowledged said instrument to be the act and deed of Harnett County. Witness my hand and notarial seal this /[dH.. day of /Owe, tz, 1987. My Commission Expires: 2/ 199X, Notary Public