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HomeMy WebLinkAbout01041982HARNETT COUNTY BOARD OF COMMISSIONERS MEETING, JANUARY 4, 1982 CALL TO ORDER PRAYER MINUTES APPROVED DON DUPREE, DOT SECOND READING OF AN ORDINANCE GRANT- ING CABLE TELEVISION FRANCHISES TO FUTURE CABLEVISION OF NORTH CAROLINA AND N. C. COMMUNICATIONS, INC. The Harnett County Board of Commissioners met in regular session on Monday, January 4, 1982, in the Commissioners Room, County Office Building, Lillington, North Carolina, with the following members present: M. H. Brock, Lloyd G. Stewart, Bill Shaw, Rudy Collins, and Chairman Jesse Alphin presiding. Vanessa W. Young, Clerk to the Board, and Edward H. McCormick, County Attorney, were also present. Chairman Jesse Alphin called the meeting to order at 9:12 a.m. Commissioner Bill Shaw led the morning prayer. The minutes from the Harnett County Board of Commissioners meeting of December 7, 1981, 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. Commissioner Collins introduced and moved passage of the following ordinance upon a second reading: AN ORDINANCE GRANTING CABLE TELEVISION FRANCHISES TO FUTURE CABLEVISION OF NORTH CAROLINA AND NORTH CAROLINA COMMUNICATIONS, INC. WHEREAS, the Board of Commissioners for Harnett County adopted on the 29th day of May, 1981, an ordinance entitled "An Ordinance Providing for the Method of Franchising the Construction, Operation, and Maintenance of a Cable Television System in the County of Harnett, State of North Carolina" and WHEREAS, the Board of Commissioners of Harnett County adopted on the 8th day of September of 1981 certain amendments to said ordinance, and WHEREAS, the Board of Commissioners of Harnett County advertised extensively for proposals for the installation and operation of a Cable Television System or Systems in the County of Harnett and actively solicited proposals through personal contacts for a period of approximately two months; and WHEREAS, the County of Harnett received four proposals to serve franchise areas within the County which were from the following: Compass Corporation of Erie, Pennsylvania Future Cablevision of North Carolina, Incorporated Billy R. Jones of Atlanta, Georgia North Carolina Communications, Incorporated, and WHEREAS, the proposals by the first three bidders listed above offered service to most of the populated areas of the unincorporated portions of the County; and WHEREAS, the proposal by North Carolina Communications, Incorporated, only offered service to a small area of the County which that company already served with an existing system prior to the adoption of the Harnett County ordinance mandating that all Cable Television Companies be franchised; and WHEREAS, a public hearing relative to the granting of a CATV franchise was held at the County Office Building in Lillington after due legal advertisement on the 17th day of November, 1981; and WHEREAS, the ordinance set forth in paragraph one above and the amendment thereto require that certain findings be made before granting a franchise by ordinance, said findings relate to the franchisee's legal, financial and technical qualifications as well as the adequacy and feasibility of franchisee's construction arrangements, and additionally that findings be made as to what is in the best interest of the public and potential subscriber and WHEREAS, the Board of Commissioners of the County of Harnett has found that North Carolina Communications, Incorporated, is now audhas for several years operated a CATV system in Rolling Springs and Old Farm areas of the County, and based upon the qualities of that existing facility, the Board of Commissioners is satisfied with the legal, financial and technical qualifications of the aforesaid applicant and with adequacy and feasibility of the aforesaid system, further, that the Board feels that it is in the best interest of the public and of potential subscribers in the franchise area that North Carolina Communications, Incorporated, be granted a franchise to operate a CATV system in the Old Farm and Rolling Springs areas of the County as shown on the map included as part of its application which map is incorpor- ated herein by reference; and WHEREAS, the Board of Commissioners of Harnett County have made investiga tion into the legal, financial and technical expertise of all applicants and as to what is in the best interest of the public and potential subscribers (throughout the unincorporated areas of the County) and the Board of Commis- sioners of Harnett County have made and do make the following findings: 1. That the proposal of Future Cablevision of North Carolina, Incorpora offers Cable Television service to the greater number of citizens of the County and at the lowest cost to the consumer. 2. That the proposals of all three applicants offer equivalent channel - coverage to the consumer and equivalent capacity to expand coverage in the future. 3. That Future Cablevision of North Carolina, Incorporated, has asserted that it can offer more coverage for less money to the consumer because of its use the innovative financing method of selling interests in a limited partnership to hold ownership of the depreciable assets thus flowing through income tax benefits to the investors. 4. That such tax shelter investment offerings are now on the market, and if properly marketed could be a mode of raising funds less expensively than conventional loans. 5. That applicant, Future Cablevision of North Carolina, Incorporated, has associated the firm of Fletcher Smith Associates of Winston Salem, North Carolina, to assist in preparation and construction of the system and the firm of Scientific Atlanta of Atlanta, Georgia, to design the system, both firms being highly regarded as to their technical qualifications; 6. That investigation has shown applicant's construction proposal to be adequate and feasible in that it offers a 400 MHZ system, with cascades within acceptable limits, all to design specification of Scientific Atlanta; and WHEREAS, based upon the above findingsof fact the Board of Commissioners has concluded that it is in the best interest of the public and -the potential subscribers that a franchise for the operation of a Cable Television System in the unincorporated areas of Harnett County be granted to Future Cablevision of North Carolina, Incorporated. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Harnett County as follows: 1. That Harnett County (hereinafter referred to as "the County ") hereby grants the non- exclusive right, privilege, and franchise to Future Cablevision of North Carolina, Incorporated, (hereinafter referred to "Future ") to construct, operate and maintain a cable television system in the unincorporated portions of Harnett County for a period of fifteen (15) years from and after the date of acceptance of this ordinance and for such purposes to use any roads, alleys, or other public property of the County but subject always to present and future ordinances pertaining thereto. The County expressly reserves the right to grant other rights, privileges, and franchises to any other person or entity at any time during the term hereof. 2. That Harnett County (hereinafter referred to as the "the County ") hereby grants the non- exclusive right, privilege and franchise to North Carolina Communications, Incorporated, (hereinafter referred to as North Carolina Communications) to construct, operate and maintain a cable televisions system in the Old Farm and Rolling Springs sections of the County as shown on the map incorporated as part of its application and incorporated herein by reference for a period of fifteen (15) years from and after the date of acceptance of this ordinance and for such purpose to use any roads, alleys or other public property of the County, but subject always to present and future ordinances pertaining thereto. The County expressly reserves the right to grant other rights, privileges, and franchises to any other pesons or entity at any time during the term hereof. 3. The rights, privileges, and franchises hereby granted are expressly subject to the following: A. All provisions of an ordinance heretofore adopted by the Board of Commissioners of Harnett County on May 29, 1981, as amended on September 8, 1981, entitled "An Ordinance Providing for the Method of Franchising the Construction, Operation and Maintenance of a Cable Tele- vision System in the County of Harnett, State of North Carolina, (hereinafter referred to as "the CATV Ordinance ") all provisions of said ordinance being hereby specifically incorporated herein by reference; and B. All provisions of each respective franchisee's application for franchise which applications were prepared for and submitted to the County of Harnett (each application referred to hereafter as "proposal of Future" and "proposal of North Carolina Communication, Inc. ") a copy of each proposal is on file with the office of the County Clerk, all provisions of which are specifically incorporated herein by reference. 4. That the right, privilege and franchise herein granted to Future is subject to the following additional conditions: (A) That Future accept any franchises offered by the Towns of Angier, Coats, Erwin, and Lilling ton in accordance with the terms of any ordinances passed by those towns. (B) That Future not overbuild North Carolina Communications, Inc., in the area now served by North Carolina Communications, Incorporated, or offer service to existing customers of North Carolina Communications, Inc., until it has exhibited evidence to the County Board of Commissioners of Harnett County that it is offering service to all other areas of the County with thirty or more homes per cable mile as that term is defined in the ordinance referred to in paragraph 2A above and to the basic service area shown on its map incorporated as part of its proposal to the County and additionally that Future satisfy the Board of Commissioners that it is in the best interest of the County and potential customers that it be permitted to overbuild North Carolina Communications, Incorporated, in its franchise area (the purpose of this restriction being to maximize CATV service within the County). However, overbuilding initially shall be permitted to the extent necessary to run trunk lines through said area to serve other potential customers. (C) That Future offer to customers within the County either as part of its service or at a reasonable rental comparable to that charged by other systems in the state, and said rental approved by this Board, set top converters with a 35 channel capacity or greater with a lighted display; that said converters be capable of descrambling. (D) That Future offer additionally infra red remote control channel selectors at a reasonable rental rate, comparable to that offered by other systems in the state of North Carolina, and approved by the Board. (E) That Future install separate headends to serve Sections A and B as shown on its map filed as part of the application for franchise with the County and that each head end be positioned, to the extent permitted by the availability of land, so that the location will minimize trunk line amplifier cascading. (F) That each satelite earth station dish installed by Future be a minimum of five meters in diameter. (G) That the system to be installed have standby power capabilities at the cable power supplies as well as at the head ends, which power supplies will enable the system to carry a back up power support a minimum of four hours in event of power outages. (H) That the system installed be a 400 MHZ cable system. (I) That Future provide and activate the two way capability of the system to be installed when and if either local government or the educational facilities within the County request it for public purposes. (J) That the cable system to be installed meet the following technical standards at all points: Frequency Accuracy * Hz Frequency Stability + kHz (3 hrs.) 24 -hour Signal level stability 6dB Overall difference in signal level 6dB Hum modulation 1% System carrier -to -noise 43dB Terminal isolation 30dB Cross - modulation 51dB Composite Triple Beat 53dB (NCTA- 008 -0477) (C W Carriers) Second -order intermode 60dB Chroma Delay 250 n sec 5. That Future and North Carolina Communications, by accepting the rights hereby granted, covenant that they will perform and keep all acts, covenants and obligations imposed, represented or promised by the provisions of this ordinance, the CATV ordinance, and their respective proposals, including the completion of the construction of their plants, and the activation of their systems in accordance with, to the extent of, and within the periods of time shown on their respective construction schedules in their proposals, and any failure to do so will be grounds for termination of the rights hereby granted in accordance with the CATV Ordinance. 6. The effective date of the ordinance shall be the date of its final adoption, and said date shall be utilized for the commencement of the timetable for construction contained in the proposal and for all other purposes. 7. The acceptance of the franchise ordinance by Future and /or North Carolina communications shall constitute representations and covenants by said franchisee or franchisees that: (A) It accepts and agrees to all of the provisions of this Ordinance and those instruments incorporated herein by reference; (B) It has examined all of the provisions of this and the CATV Ordinance and waives any claims that any provisions hereof are unreasonable, arbitrary or void. (C) It recognizes the right of the County to make reasonable amendments to the franchise ordinance or franchise agreement during the term of the franchise, provided that no such change shall compromise the franchisee's ability to perform satisfactorily its obligations or rights under this ordinance or the franchise agreement. It further recognizes and agrees that the County shall in no way be bound to renew the franchise at the end of franchise term; (D) It acknowledges that its rights hereunder are subject to the police power of the County to adopt and enforce general ordinances necessary to the safety and welfare of the public; and it agrees to comply with all applicable general laws enacted by the County pursuant to such power; (E) In addition to the standards of construction, maintenance and operation set forth in the CATV Ordinance and in its Proposal, it will meet the standards of the CATV Industry related to signal quality and technical standards of construction, operation and mainte- nance of the system and the state of the art of the industry; 688 ACTION BUDGET AMEND- MENT-- SHERIFF REPORT -- SHERIFF DEPARTMENT BUDGET AMENDMENT HEALTH DEPT. (F) With reference to the provisions of Section 9H of the CATV Ordinance, it will make single installations of its standard community service facilities in accordance with the terms of said section at such additional County owned facilities as may from time to time be designated by the County Manager. 8. When the franchise ordinance is accepted by either or both franchisees set forth herein as provided in the CATV Ordinance, this Ordinance together with the proposal of each franchisee and the CATV ordinance shall constitute the Franchise Agreement (as defined in Section 3.I of the CATV ordinance) with respect to that franchisee. FIRST PASSED THIS THE SEVENTH DAY OF DECEMBER, 1981 Chairman, Board of Commissioners SECOND PASSAGE THIS THE FOURTH DAY OF JANUARY, 1982 Chairman, Board bf Commissioners ADOPTED UPON A SECOND READING THIS THE FOURTH DAY OF JANUARY, 1982 Chairman, Board of Commissioners The motion for passage of the Ordinance upon a second reading was seconded by Commissioner Brock and was passed by a unanimous vote of the following members of the Board: M. H. Brock, Lloyd G. Stewart Bill Shaw, Rudy Collins and Chairman Jesse Alphin Larry Knotts, Operations Officer with the Harnett County Sheriff's Department, appeared before the Board and requested that;:the Sheriffs Department Budget, Code 510 -27, Drug Program, be increased by $600 to purchase a canine for drug searches. This money was derived from the sale of calendar ads for the Sheriff's Department. Commissioner Collins made a motion that the afore - described budget amendment be approved. Commissioner Shaw seconded the motion and it carried. Larry Knotts, Operation Officer, presented a report to the Board concerning the operation of the Sheriff's department for the month of December, 1981, A discussion period followed. Henry Thompson, Director of the Harnett County Health Department, appeared before the Board and requested the following budget amendment: Code 10- 590 -002, 'Salaries and Wages, be decreased by $1,445; Code 10 -590 -016, Maintenance & Repair, be increased by $1,445.00 Commissioner Shaw made a motion that the afore- described budget amendment be approved. Commissioner Brock seconded the motion and it carried. BUDGET AMENDMENT Dan Gardner, Captain of the Harnett County Ambulance Service, AMBULANCE appeared before the Board and requested the following budget amend - SERVICE ment: Code 10 -640 -016, Maintenance & Repair -- Equipment, be increased by $5,000; Code 10- 640 -031, Automotive Supplies, be increased by $6,000. Following a thorough discussion of this matter, Commissioner Shaw made a motion that the afore - described budget amendment be approved. Commissioner Collins seconded the motion and it carried. STUDY OF THE AMBULANCE SERVICE INDUSTRIAL TRAINING CENTER BUDGET AMEND- MENT BIDS FOR COM- MUNICATIONS CENTER Commissioner Shaw made a motion that M. H. Brock, County Manager, and one other commissioner (if the Board felt it was necessary to assign another person) be appointed to study the operations of the Harnett County Ambulance Service. Commissioner Collins seconded the motion and it passed. During a discussion period which followed this action, the Board expressed their concerns over the expensive operation of this department, the procedure for the collection of unpaid fees, and the large number of calls the Ambulance Service is answering. Don Buie with Central Carolina Technical College appeared before the Board and requested a budget amendment to the Industrial Training Center Budget, Code 10- 612 -011, Telephone and Postage, be increased by $1,000, and Code 10 -612 -013, Utilities, be decreased by $1,000. Commissioner Shaw made a motion that the aforementioned budget amendment be approved. Commissioner Stewart seconded the motion and it carried. Harnett County initially received bids for the purchase of one communications console on Monday, December 21, 1981, at 10 a.m. at INDUSTRIAL POLLUTION CONTROL AUTHORITY CBA FUNDS FOR YOUTH VOLUNTEER PROGRAM TAX COLLECTOR TAX SUPERVISOR which time, only one proposal was received. Therefore, the County readvertised to receive bids on this piece of equipment until 10 a.m. on January 4, 1982. M. H. Brock, County Manager, requested that anyone present at the meeting who had a proposal for the county's consideration to please submit it to the Board of Commissioners. Only one bid was presented to the Board which was from Motorola Communications, P. 0. Box 393, Fayetteville, NC 28302, in the amount of $11,200 for a Motorola, Model No. B1560C- Centracom; installation charge in the amount of $1,297; and a maintenance agreement for one year on this equipment at the rate of $ per year. The Board appointed a committee consisting of M. H. Brock, County Manager, and Commissioner Rudy Collins to study the bids, and the Board authorized the Committee to take action on the bid. Commissioner Brock introduced the following resolution which was read: RESOLUTION APPOINTING COMMISSIONERS TO THE HARNETT COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY BE IT RESOLVED by the Board of Commissioners for the County of Harnett: Section 1. The Board of Commissioners has determined and does hereby declare: (a) That under and pursuant to the provisions of Chapter 159C of the General Statutes of North Carolina, as amended (the "Act "), the County created The Harnett County Industrial Facilities and Pollution Control Financing Authority. (b) commissioners initial terms and three for That in accordance with Section 159C -4 of the Act seven were appointed to the Authority on August 8, 1977, two for of two years each, two for initial terms of four years each, initial terms of six years each. (c) That the terms of office of commissioners Jack Allen and John Ingraham expired on December 15, 1980. (d) That the County Board of Commissioners has determined to appoint two commissioners to the Authority. Section 2. Jack Allen, who resides at Bunnlevel, North Carolina, 28323, and John Ingraham, who resides at 907 W. Morris Circle, Dunn, North Carolina, are hereby appointed members of the Board of Commissioners of the Authority for terms expiring December 15, 1986, to succeed Jack Allen and John Ingraham whose terms expired on December 15, 1980. Each of the newly appointed Commissioners is a qualified elector and resident of Harnett County, and each shall continue in office for his term of office or until his successor shall be duly appointed and qualified, all in accordance with Section 159C -4 of the Act. Section 3. This resolution shall take effect immediately upon its passage. Commissioner Collins moved the passage of the foregoing resolution entitled: "RESOLUTION APPOINTING COMMISSIONERS OF THE HARNETT COUNTY INDUSTRIAL FACILITIES AND POLLUTION CONTROL FINANCING AUTHORITY" and Commissioner Shaw seconded the motion, and the resolution was passed by the following vote: AYES: Commissioners M. H. Brock, Bill Shaw, Rudy Collins, Lloyd G. Stewart, and Chairman Jesse Alphin NOES: None M. H. Brock, County Manager, informed the Board that the County had made application to receive an additional $4,873 of CBA Funds for the Harnett Volunteer Program. Thomas Allen, Tax Collector, appeared before the Board and reported on the activities of his department for the month of December, 1981, and his plans for January, 1982. Thomas Allen, Tax Supervisor, appeared before the Board and requested a tax refund to Cameron Brown Mortgage Company, Duke Township, in the amount of $45.57, house on Lot No. 41, Section 2, Post Gardens Subdivision, was charged as complete on January 1 and should have been charged as 75% complete. Difference in value was $5,120. Commissioner Collins made a motion that the aforementioned tax release be approved; Commis- sioner Shaw seconded the motion and it carried. TAX ATTORNEY'S REPORT APPOINTMENTS TO HEALTH BOARD ADJOURNMENT The following Tax Attorney's report was filed with the Board: Buckhorn Township Franklin Lee Boone Grove Township MS. Oliver Cromartie New Suits Started: Anderson Creek Twnsp. S. Berry Harding Wm. N. Stults Barbecue Township Alan B. Collinson Buckhorn Township Billy B. Fore 81CVD 0925 No Suit Started 81 CVD 1072 81 CVD 1074 81 CVD 1078 $427.65 55.00 224.41 25.00 $652.06 $80.00 10.00 10.00 10.00 81 CVD 1073 10.00 Duke Township Cameron, Willie Hugh 81 CVD 1075 McLamb, Richard 81 CVD 1076 McNeill, Archie, Jr. 81 CVD 1077 Expenses: U. S. Post Office 81 CVD 1072 10.00 10.00 10.00 $70.00 4.00 TOTAL $154.00 Henry Thompson, Health Director, appeared before the Board and explained that two of the Board of Health members are completing their third consecutive three -year terms at the end of 1981 and must be replaced. These . persons are Dr. Clarence E. Roberts and Mr. Roy H. Byrd. Mr. Thompson continued to explain that Dr. James 0. Frid1e has moved from North Carolina and must also be replaced. Dr. Fridley's term expires at the end of 1982. Mr. Thompson recommended to the Board of Commissioners that the following individuals be appointed to the Harnett Cou ty Board of Health for the periods indicated, effective January, 1982: Donald W. Moore, M. D., one year; Gordon L. Townsend, D.D.S., three years, and Jack Allen, three years. Commissioner Stewart made a motion that the afore - described appointments be approved. Commissioner Collins seconded the motion and it passed. There being no further business, the Harnett County Board of Commissioners meeting of January 4, 1982, duly adjourned at 11 :30 a.m. Chairman Secretary Clerk