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HomeMy WebLinkAbout02151988so' HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, FEBRUARY 15, 1988 1 1 The Harnett County Board of Commissioners met in regular session on Monday, February 15, 1988, 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 pre- siding. 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. CALL TO ORDER Chairman Stewart called the meeting to order at 7:10 p.m. INVOCATION Commissioner Collins offered the invocation. MINUTES APPROVED The minutes from the regular Board Meeting on February 1, were approved. APRIL COBLE HONORED April Coble, World Class Water Skier, and her family were recognized by the Board. Commissioner Collins made a motion to adopt a resolution commending Miss Coble and wishing her every success in the upcoming World Water Skiing Championship in Melbourne, Australia. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated February 15, 1988, as document No. 1. RESOL. RE: WEST Commissioner Shaw made a motion to approve a resolution authorizing CENTRAL W $ S DIST. execution of Management Contract with West Central Water & Sewer District. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated February 15, 1988, as document No. 2. TRANSPORTATION DEVELOPMENT PLAN ADOPTED PROCLAMATION RE: SUBSTANCE ABUSE AWARENESS WEEK PETITION RE: SR 1414 Jack Bryan, Chairman, Transportation Advisory Board, presented a Trans- portation and Development Plan for Harnett County. Commissioner Smith made a motion that a resolution be adopted which approves the Harnett County Transportation Development Plan. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as document No. 3. Grover Hall, Vice - Chairman, Harnett County Substance Abuse Awareness and Prevention Committee, appeared before the Board and read a proclamation concerning Drug Awareness Week. Commissioner Smith made a motion that the week of March 6 - 12, 1988, be designated in Harnett County as Drug Awareness Week. Commissioner Hudson seconded the motion and it passed with a unanimous vote. The Proclamation is copied in full at the end of these minutes dated February 15, 1988, as document No. 4. Douglas Knott, representing residents of SR 1414, appeared before the Board and presented a petition stating their objections to SR 1414 being used for rerouting heavy traffic around Fuquay - Varina. Mr. Knott, Mr. E. T. Moore, and Mr. Henry Rawls requested the Board's assistance in this matter. 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 a copy of the resolution to be forwarded to the mayor of Fuquay - Varina. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Rodney Tart, Director, Public Utilities, presented a proposed agreement between Harnett County and Cumberland County concerning a water system operation in Cumberland County. Commissioner Shaw made a motion to authorize the County to enter into the agreement with Cumberland County as written except that the County Manager is given the authority to define the proposed service area. Commissioner Smith seconded the motion and it passed with a unanimous vote. Bobby Wicker, Tax Administrator briefed the Board on proposed schedule for Equalization and Review Meeting. The schedule will be confirmed at next regular Board Meeting. RESOL. RE: SETTLEMENTGlenn Johnson, County Attorney, presented a resolution approving payment OF CPF,L CONDEMNATION in settlement of CP &L condemnation cases associated with Power Line CASES AT AIRPORT Relocation Project at Harnett County Airport. Commissioner Hudson made a motion to adopt the resolution. Commissioner Smith seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated February 15, 1988, as document No. 5. U.S. MARSHALL'S OFFICE AGREEMENT Commissioner Collins made a motion to authorize the County to enter into an agreement between Harnett County and United States Marshal's Office with the County Manager authorized to work out the details. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Dallas H. Pope briefed the Board on memo received from N. C. Department of Transportation advising of right of way problems encountered regarding SR 1533 widening and paving project. The Board was offered the opportunity to assist with this project. If there is no progress soon in acquiring,, the needed right of ways, this project will be deleted from the program. 508 BUDGET AMENDMENTS SUBDIVISION PLATS: SCOTTS CREEK W.A. DUPREE AUTHORIZATION TO DISPOSE OF RECORDS IN REG. OF DEEDS OFF Monthly reports for January were presented to the Board from the Ambulance Service, Inspections Department, and Social Services Department. Dallas H. Pope, County Manager, requested a budget amendment for South Central Water District, Code 36- 4100 -030, Engineering (Basic), increase of $77,080; and, Code 36- 4100 -040, Construction Observation, decrease of $77,080. Commissioner Shaw 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, Code 10- 8700 -160, Transportation Development Plan, increase of $7,500. needed for contract with Skip Green and Associates for development of plan. Commissioner Hudson 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 Youth Services, Code 10- 7730 -074, Capital Outlay - Equipment, increase of $3,660. Additional CBA grant money has been received and the Juvenile Task Force would like to use the money to purchase office equipment. Commissioner Smith made a motion to approve the budget amendment. Commissioner Collins seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested a budget amendment for Finance Office, Code 10- 4400 -012, Printing & Binding, increase of $1,500. and Code 10- 4400 -033, Materials & Supplies, increase of $500. Additional forms had to be printed that were not originally anticipated in this fiscal year. Commissioner Smith made a motion to approve the budget amendment. Commissioner Hudson seconded the motion and it passed with a unanimous vote. Dallas H. Pope, County Manager, requested a budget amendment for Register of Deeds, Code 10- 4800 -074, Capital Outlay - Equipment, increase of $6,235. for furniture and file cabinets. Commissioner Hudson made a motion to approve the budget amendment. Commissioner Smith seconded the motion and it passed with a unanimous vote. Jack Bryan, Director, Social Services, requested a budget amendment for Code 10- 7710 -143, County Initiated - A.F.D.C., increase of $5,000. and Code 10- 7710 -151, Crisis Intervention, decrease of $5,000. Commissioner Shaw made a motion to approve the budget amendment. Commissioner Smith seconded the motion and it passed with a unanimous vote. Carla Stephens, Planner /Developer, presented a subdivision plat for Scotts Creek Subdivision, owned by B. F. McLeod, Jr. and Virgil Dickens, 42 lots located in Neill's Creek Township, S.R. 1513 and 1403. Commissioner Hudson made a motion to approve the subdivision plat. Commissioner Smith seconded the motion and it passed with a unanimous vote. Carla Stephens, Planner /Developer, presented a subdivision plat for W.A. Dupree Subdivision, owned by D.A. Dupree, 6 lots located in Johnsonville Township, S.R. 1204. Commissioner Shaw made a motion to approve the subdivision plat. Commissioner Smith seconded the motion and it passed with a unanimous vote. Lucille Cannady, President, Rape Crisis Intervention of Harnett County, briefed the Board on the program of Rape Crisis Intervention and requested the Board's support in educating the public about what their program has to offer citizens. Ms. Cannady also requested financial support for Rape Crisis Intervention of Harnett County. Ms. Cannady was advised to submit a written request for funds and the request would be considered in the 1988 -89 budget cycle. Gayle Holder, Register of Deeds, requested by letter the authorization to dispose of records in her office which are so recorded at the end of these minutes dated February 15, 1988, as document No. 6. Commissioner Smith made a motion that in accordance with General Statutes 121 -5(b) that Gayle Holder, Register of Deeds, be and she is hereby authorized to destroy the listed records. Commissioner Shaw seconded the motion and it passed with a unanimous vote. RESOL. APPOINTING Marshall Woodall, Attorney, presented a resolution appointing members to TOWN OF COATS PLANNING the Town of Coats Planning Board and Zoning Board of Adjustments. Commis - BD, 4 ZONING BD. sioner Hudson made a motion to adopt the resolution. Commissioner Smith seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated February 15, 1988, as document No. 7. RESOL. RE. BC /COATS W & S DISTRICT Marshall Woodall, Attorney, presented a resolution concerning the Buies Creek -Coats Water and Sewer District. Commissioner Hudson made a motion to adopt the resolution. Commissioner Smith seconded the motion and it 50j EXECUTIVE SESSION passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated February 15, 1988, as document No. 8. Commissioner Smith made a motion that the Board go into executive session for the purpose of consultation with attorney. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Commissioner Smith made a motion that the Board come out of executive session. Commissioner Shaw seconded the motion and it passed with a unanimous vote. ESOL. RE: AVIGATION Holt Felmet, Attorney, presented a resolution concerning avigation ASEMENT AT AIRPORT easement at Harnett County Airport. Commissioner Collins made a motion to adopt the resolution. Commissioner Smith seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes dated February 15, 1988, as document No. 9. JOURNMENT There being no further business, the Harnett County Board of Commissioners Meeting of February 15, 1988, duly adjourned at 10:15 p.m. HARNETT COUNTY, DOCUMENT NO. 1. NORTH CAROLINA. S . Stewart, Chairman Vanessa W. Young, Cle Kay S. lanchard, Secretary RESOLUTION APRIL DIANE COBLE That, Whereas, April Diane Coble is a world class water skier, and was chosen last summer to represent the United States at the Junior World Water Ski Championships to be held in March of 1988, at Melbourne, Australia; and Whereas, April Diane Coble has many water skiing accomplishments to her credit including the 1985 and 1986 Junior Girls National and Regional Slalom, Jump and Overall Champion; 1987 Junior Girls All- American Overall Champion; and North Carolina Girls Overall Champion; and Whereas, April Diana Coble has many other talents and as a freshmen at Harnett Central High School is an honor student and is the recipient of the 1985 and 1986 McCormick Scholarship Award; and Whereas, April Diane Coble has excelled in other athletic endeavors including basketball where she averaged thirteen points per game and led her middle school team to an undefeated (16 -0) basketball season last year; and Whereas, April Diane Coble is due a special commendation for her accomplishments in the World of Water Skiing in which she has demonstrated a great deal of natural ability, an outstanding spirit of dedication, enthusiasm, and hard work through a wholesome association with organized sports. Now, Therefore, Be It Resolved that the Harnett County Board of Commissioners do hereby commend April Diane Coble for her accomplishments and express our appreciation for the great personal recognition she has brought our County, State, and Nation. We wish her every success in the upcoming World Water Skiing Championship in Melbourne, Australia. Duly adopted this Fifteenth Day of February, Nineteen Hundred and Eighty Eight. ATTEST: Vanessa W. Young, Clerk HARNETT COUNTY BOARD OF COMMISSIONERS Llo d G. •tewart, Chairman 510 DOCUMENT NO'. -2. DOCUMENT NO. 3. RESOLUTION AUTHORIZING EXECUTION OF MANAGEMENT CONTRACT WITH WEST CENTRAL WATER & SEWER DISTRICT OF HARNETT COUNTY WHEREAS, the Harnett County Board of Commissioners, has examined the Management Contract between the County of. Harnett (hereinafter "County ") and the West Central Water & Sewer District of Harnett County (hereinafter "District "), attached hereto as Exhibit "A "; and WHEREAS, the County desires to enter into said contract as provided; NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that: 1. Harnett County .is hereby authorized to and shall enter into the Management Contract attached hereto as Exhibit "A ". 2. Harnett County and its officers and agents are hereby directed to execute said Management Contract. Duly adopted this the 15th day of February, 1988, upon motion made by Commissioner Bill Shaw , seconded by Commissioner Mack Reid Hudson and passed by the following vote: Ayes 5 Noes 0 ATTEST: q.vLLa.ao.J Absent 0 Abstained 0 HARNETT COUNTY BOARD OF COMMISSIONERS By: h L1 Vanessa W. Y ung 1O Clerk HARNETT COUNTY, NORTH CAROLINA RESOLUTION d G. Stewart, Chairman That, Whereas, the County of Harnett has updated its Transportation Development Plan as required by the North Carolina Department of Transportation; and Whereas, the Harnett County Transportation Development Plan now includes all phasing necessary to meet the County of Harnett's transportation needs for the next five years. Therefore, Be It Resolved By The Harnett County Board of Commissioners, that the Harnett County Transportation Development Plan 1987 Update is approved and that the Plan will be forwarded to the North Carolina Department of Transportation for final approval. Duly adopted this Fifteenth Day of February, Nineteen Hundred and Eighty Eight. HARNETT.COUNTY BOARD OF COMMISSIONERS Lloyd ATTEST: Vanessa W. Young, Clerk att Stewart, Chairman 51.E DOCUMENT NO. 4. NATIONAL DRUG AWARENESS WEEK WHEREAS, our President has proclaimed the week beginning March 6 -12, 1988, as "National Drug Awareness Week;" and WHEREAS, the major objective of the Harnett County Substance Abuse Awareness and Prevention Committee is to provide information about substance abuse and to help organize peer groups, parent - school teams and community action to combat alcohol and drug abuse problems, and WHEREAS, the Substance Abuse Awareness education program is designed to meet the goals of (a) Involving the school, youth and civic organizations and parents in promoting a drug and alcohol abuse free community, (b) Help parents to be aware of what is happening to youth involved in substance abuse, (c) Total involvement of the youth in planning and implementing of their own program, and (d) To develop a comprehensive program for all segments of our community for use in providing a strong and long lasting impact, and WHEREAS, National Drug Awareness Week will promote involvement at the local and state levels, to draw public attention to present successful efforts, to highlight effective treatment efforts, to assist in developing a county -wide strategy to decrease drug trafficking and increase prevention and treatment efforts and to improve family, parent, school and business involvement. NOW, THEREFORE, I Lloyd Stewart, Chairman of the Harnett County Board of Commissioners, do hereby designate March 6 - 12, 1988, in the County of Harnett as February 15, 1988 NATIONAL DRUG AWARENESS WEEK \-la ,- yv • Vanessa sa V Yo oung P 512 DOCUMENT NO. 5. RESOLUTION APPROVING ACQUISITION OF RIGHTS OF:WAY THAT WHEREAS, the County of Harnett has heretofore authorized Carolina Power & Light Company to acquire certain rights of way in connection with the relocation of a power line near the Harnett County Airport; and WHEREAS, by letter dated June 15, 1987, Carolina Power & Light Company recommended to Mr. Dallas Pope, Harnett County Manager, compromise settlements of certain of such acquisitions as set forth in said letter, copy of which is attached hereto as Exhibit A and incorporated herein by reference; and WHEREAS, the Harnett County Board of Commissioners instructed Carolina Power & Light Company to proceed with such compromise settlements, and said settlements have now been consummated and the property interests relative thereto acquired; and WHEREAS, Carolina Power & Light Company has requested formal approval of such compromise settlements and acquisitions, and the Harnett County Board of Commissioners desires to evidence said approval by this resolution; NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that the compromise settlements set forth in Exhibit A which is attached hereto and incorporated by reference and which have now been consummated shall be and same are hereby ratified, accepted and approved. This 15th day of February, 1988. ATTEST: Amvua uA-aJ 'tire /, Clerk HARNETT COUNTY BOARD OF COMMISSIONERS JOHNSON AND JOHNSON. 1'. A.. ATTORNEYS AT LAW 513 1 GAYLE P. HOLDER REGISTER OF DEEDS P. 0. Box 278 �V CIF= ~A JN R /vFsG O LILLINGTON, N.C. REAL ESTATE BOOKS These books are ready .to. be destroyed. 617 618 619 621 624 628 632 634 635 637 638 640 641 645 647 648 652 659 721 724 725 730 AGRICULTURE — INDUSTRY 514 DOCUMENT NO. 7. DOCUMENT NO. 8. PESOLUTION APPOINTING MEMBERS OF THE TOWN OF COATS. PLANNING BOARD AND ZONING BOARD OF ADJUSTMENTS WHEREAS, .the Town of 'Coats -has heretofore exercised the extraterritorial .. jurisdiction as authorized by Chapter 160A of the General. Statutes of North Carolina; and WHEREAS, the appointment to the said Town's Planning. Board and Board of Adjustments representing the extraterritorial jurisdiction area must be made by appointment of the Harnett County. Board of Commissioners; and WHEREAS,�`it has been recommended to the Harnett County Board of. Commissioners. that Max. Matthews and Robert Pleasant be appointed as members of the Town of Coats Planning Board to serve for a term of three (3) years until January 1991 or until their successors in office are duly appointed and qualified; and • WHEREAS, it has been recommended to the Harnett County Board of Commissioners that - .Wallace Pollard be appointed as the extraterritorial :jurisdiction member of the Town of Coats Zoning Board of Adjustments for a term of three 13) years until January 1991, or until his successor in office is duly appointed and qualified, and WHEREAS, it has been made to appear that the above named persons are duly qualified and are residents of the extraterritorial jurisdiction area of the Town of Coats. NOW, THEREFORE, BE RESOLVED,AS FOLLOWS: First:. That Max - Matthews and Robert Pleasant be and they are hereby appointed as members ` of the Town of Coats Planning Board to serve for a term of three (3) years until January 1991 or until their successors in office are duly appointed and qualified. Second: That Wallace Pollard be and he is hereby appointed a member of the Town of Coats. Zoning Board of Adjustments to serve for a term of three (3) years until January, 1991 or until his successor in office is duly appointed and qualified. Third: That a certified copy of this resolution be forwarded to the Honorable Mayor and Board ofCommissioners for the,Tewn of Coats, North Carolina. This the '15thday of February, 1988. ATT 61iw.a.a.A/ HARNETT COUNTY BOARD OF COMMISSIONERS By v . v Vanessa W. Y ung,OClerk L y G. tewarti RESOLUTION BUIES CREEK -COATS WATER & SEWER DISTRICT OF HARNETT COUNTY THAT WHEREAS, the Harnett County Board of Commissioners is the governing body of the Buies Creek -Coats Water & Sewer District of Harnett County, which is a municipal corporation organized and existing pursuant to the laws of North Carolina, said entity being hereinafter sometimes referred to as "District "; and WHEREAS, the District together with the County of Harnett Public Utility Department and the Town of Coats acting jointly has heretofore planned and installed and constructed an extension of the sanitary sewer collection system existing for the Area of the Town of Coats, into the Southeastern area of the Town limits of the Town of Coats and the surrounding properties immediately adjoining said area, said area being a basin East of N. C. Highway No 55 and West of Secondary Road No. 1700 and within which the Town of Coats Recreational Park exists ; 516 a WHEREAS, as a joint enterprise and effort and as a part of the Southeast Coats Extension, the owner of a certain residential subdivision within said area, to wit: Hunter's Run Subdivision, did agree and has participated in the Southeast Coats Extension Project, the participation by said subdivision owner being in excess of $100,000.00, the participation by the County of Harnett being $81,000.00 of the County's allocation of State grant monies under Chapter 480 of the 1985 Session laws (Senate Bill 2) and further that the Town of Coats has contributed $18,698.00 of its State grant funds under Chapter 480 of the 1985 Session laws to said project; and WHEREAS, as a result of the joint efforts and cooperation of the governing units mentioned above and the member of the private sector of the economy, a sewer extension line has been installed and constructed within said basin area which will immediately serve the residents and potential residents and the Town of Coats Recreational Park that is located within said area and in addition thereto will make it possible for other adjoining properties within said area to have the opportunity of an extension of sanitary sewer collection services available for said area; and WHEREAS, that on the 27th day of April, 1987, Robert P. Wellons and wife, Sue Lou 0. Wellons, owners of the aforementioned subdivision and the District negotiated a contract for the cooperative efforts mentioned above and that on said date of April 27, 1987, the said Wellons executed said contract but that apparently the officials of the District never formally executed said contract; and . WHEREAS, the project is almost completed but that there remains some matters to be done which have not yet been concluded; and • WHEREAS, it has been the intention at all times of the District to enter said contract and that the lack of a formal execution of said contract by officials for and on behalf of said District has been an oversight and that said formal execution should now be made. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: First: That the Chairman and Clerk to the Board of Commissioners be and they are hereby authorized to execute the aforementioned contract for and on behalf of the District, a copy of said contract is hereto attached. Second: That the officials of the County of Harnett be and they are hereby fully authorized to do and perform all acts necessary to carry out the intent and purpose of the resolution and to do those matter necessary. and appropriate to conclude the completion of the Southeast Coats Sanitary Sewer Extension Project. Duly adopted this the 15th day of February, 1988. HARNETT COUNTY BOARD OF COMMISSIONERS By: ATTEST: 0-1 Vanessa W. Yout$j, Clerk Lloyd G. Stewart, Cha rman DOCUMENT NO. 9. RESOLUTION SETTING FORTH ELECTION OF COUNTY TO EXERCISE RIGHTS IN CERTAIN AIRSPACE PREVIOUSLY ACQUIRED BY CONDEMNATION BY REQUIRING ONLY THE MARKING OF LIGHTING OF CERTAIN OBJECTS PENETRATING AVIGATION EASEMENT OVER 15.47 ACRE TRACT WITNESSETH WHEREAS, during 1978 and 1979 the County of Harnett acquired fee simple title to several contiguous tracts of land in Neill's Creek Township, Harnett County, North Carolina for the purpose of constructing an airport; and WHEREAS, before opening of the airport the Federal Aviation Administration required the County of Harnett to acquire avigation easements over certain other lands which were adjacent to the airport tract; and WHEREAS, one of the tracts over which the County needed an avigation easement was a 15.47 acre tract belonging to Dr. Richard Sorrell and to various members of the R. D. Lee family; and WHEREAS, on June 30, 1981, the Harnett County Board of Commissioners adopted a Final Resolution of Condemnation acquiring an interest in a certain area of airspace above the 15.47 acre tract which area of airspace was described in detail in the final resolution of condemnation; and WHEREAS, under said resolution which established the date of taking as July 24, 1981, the County took the right to "...take any action necessary to prevent the erection or growth of any structure, tree, or other object into the airspace...and to remove...or mark or light as obstructions to air navigation, any...structures,...or other objects that may extend into said airspace.... "; and WHEREAS, at the time of the taking Becker Sand and Gravel Company held a recorded mineral lease on lands which included the 15.47 acre tract above referred to; and WHEREAS, the County is informed that there are plans to mine subsurface minerals with equipment that would, on a temporary basis, penetrate the airspace in which the County acquired its rights; and WHEREAS, the question will arise as to whether the County will elect to exercise its rights, under the Final Resolution of Condemnation, either by preventing mining equipment, necessary to mining the deposit beneath the 15.47 acre tract, from penetrating the airspace, or by removing said equipment, or by simply marking, and lighting the objects penetrating the air space as air navigation obstructions; and WHEREAS, in June of 1987, as sponsor of the Harnett County Airport, the County requested that the Atlanta Airports District Office of the Federal Aviation Administration to review the contemplated mining operation on the lands owned by the Lee family and Dr. Sorrell and determine to what extent, if any, the proposed mining operation would, adversely effect air navigation at the airport; and WHEREAS, the 15.47 acre tract is located to the side of the runway and not in the approach surface to the runway at the airport; and 51'? WHEREAS, the Program Manager for the Federal Aviation Administration determined that the proposed mining operation would have "...no adverse effect on air navigation at the airport as it exists today "; and WHEREAS, said Program Manager advised the County that mining operations could begin on the 15.47 acre tract so long as the following three (3) conditions were met: 1. The proponent is required to file a "Notice of Proposed Construction or Alteration." (FAA Form 7460 -1) with the F.A.A.; 2. No mining equipment may operate in or penetrate the runway's primary surface or the approach surface to Runway 22; 3. No structure or equipment may be used which would exceed 335 feet above mean sea level; and WHEREAS, it is not now and has not been the intention of the governing board of the County to exercise its rights in the airspace acquired by virtue of the aforesaid Final Resolution of Condemnation except as necessary to prevent adverse affects on air navigation at the airport. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONS that the County of Harnett, by and through its duly designated officers hereby give notice that the County will not exercise its rights acquired by virtue of the aforesaid Final Resolution of Condemnation in such a manner as to interfere with mining operations on the 15.47 acre tract owned by Dr. Richard Sorrell and various numbers of the R. D. Lee family so long as equipment penetrating the airspace in which the County acquired an interest is marked or lighted as necessary to insure safe air navigation and so long as the company or individual desiring to mine subsurface minerals does the following three things: 1. Prior to commencement of mining, files a "Notice of Proposed Construction or Alteration." (FAA Form 7460 -1) with the F.A.A.; 2. No mining equipment may operate in or penetrate the runway's primary surface or the approach surface to Runway 22; 3. No structure or equipment is used which exceeds a height of 335 feet above mean sea level; and complies with any other requirement of the Atlanta Airports District Office of the Federal Aviation Administration as set forth in that office's letter of July 14, 1987 which is attached hereto and incorporated herein as if set forth in full. RESOLVED this the 15th day of February, 1988. HARNETT COUNTY BOARD OF COMMISSIONERS By: Attest: � G. Stewart, Chairman