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Home My WebLink About06031991 - --- --.-.-.- ---.--- - - 287, HARNETT COUNTY BOARD OF COM1HSSIONERS REGULAR MEETING, JUNE 3, 1991 The Harnett County Board of Commissioners met in regular session on Monday, June 3, 1991, in the County Office Building, Lillington, North Carolina, with the following members present: Mack Reid Hudson, Bill Shaw, Walt Titchener, Beatrice Bailey Hill, and Chairman Lloyd G. Stewart presiding. Others present were Dallas H. Pope, County Manager, W. Glenn Johnson, County Attorney; Vanessa W. Young, Finance Officer and Clerk to the Board; and Kay S. Blanchard, Recording Secretary. Chairman Stewart called the meeting to order at 9:00 a.m. Commissioner Titchener led the group in the Pledge of Allegiance and a moment of silent prayer. Commissioner Hudson moved for approval of the minutes of the regular meeting, May 20, 1991- Commissioner Hill seconded the motion and it passed with a unanimous vote. Commissioner Hill moved for approval of the minutes of the special meeting, May 21, 1991. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Commissioner Titchener moved for approval of the minutes of the special meeting, May 28, 1991- Commissioner Shaw seconded the motion and it passed with a unanimous vote. Chairman Stewart presented a Certificate of Appreciation from the North Carolina Department of Human Resources for outstanding achievement in the Medicaid Program to Rhonda Stephenson in the Social Services Department. NORTHERN HARNETT Edward Hardee, President, Northern Harnett Rescue, Inc. Board of RESCUE, INC. REQUEST Directors, presented proposed options for emergency service in the FOR EMS Northwest area of the County. The matter was tabled until the next regular Board meeting. Ray Stone, Highway Maintenance Engineer, North Carolina Department of Transportation, briefed the Board on current DOT activities. CBA FUNDING Jane Schumann, Chairperson, Harnett Youth Planning Board, presented EXPENDITURE APPROVED recommendation of the Harnett Youth Planning Board for expenditure of Community Based Alternatives funding. Commissioner Hudson moved for approval of the recommendation of the Youth Planning Board for CBA distribution. Commissioner Hill seconded the motion and it passed with a unanimo~s vote. James Goff, Di~ector, Cooperative Extension Service, presented a proposal to the Board concerning request for funding of a position for the After School Enrichment Program. John M. Phelps, II, Public utilities Attorney, presented for RESOLUTION RE: consideration by the Board a Resolution Establishing Land Acquisition LAND ACQUISITION Policy (Cape Fear Regional Wastewater System Project). Commissioner POLICY (CAPE FEAR Hudson moved for adoption of the resolution. Commissioner Shaw WW SYS. PROJECT seconded the motion and it passed with a unanimous vote. The resolution is copied in full at the end of these minutes as Attachment 1. BRIEFING ON Bobby Wicker, Tax Administrator, briefed the Board on the process to SCHEDULE OF VALUES adopt the Schedule of Values. Charles Wallace, Project Supervisor, briefed the Board on the proposed Schedule of Values. There will be a public hearing before the proposed Schedule of Values is considered by the Board. COST CONTAINMENT Jack Bryan, Social Services Director, presented for the Board's conTRACT FOR FOOD consideration a contract with Cost Containment, Inc. for issuance of STAMPS food stamps in the amount of $0.55 per issuance, with total annual cost to the County estimated not to exceed $21,000. Commissioner Titchener moved for approval of the contract. Commissioner Shaw seconded the motion and it passed with a unanimous vote. AGREEMENT WITH Commissioner Shaw moved that the County enter into an agreement for McKIM I:} CREJ3D professional engineering services with McKim & Creed Engineers, P.A. A.C. LANDFILL PROJ. concerning design for Anderson Creek Landfill in the amount of $18,400. Commissioner Hudson seconded the motion and it passed with the following vote: Ayes: 4, Noes: 1, Absent: 0 - - -- - -----.-- --.- - 288 F.Y. 91-9~ BUDGET Dallas H. Pope, Budget Officer, presented the proposed Harnett County MESSAGE F.Y. 91-92 Budget Message to the Board. Mr. Pope explained in detail a summary of the proposed budget and stated that the Board would not consider the adoption of the budget at this time. He explained that the General Statutes require that the budget, after its presentation, is to lay open for public inspection in the Office of the Clerki after which, a public hearing will be held on the proposed budg~ After the public hearing, the Budget Ordinance will be presented to the Board for consideration. The Budget Message is copied in full at the end of these minutes as Attachment 2. TAX REFUND Commissioner Hill moved for approval of the following tax refund: Ray & Annie Mae Flynn, Rt. 3, Cameron $21. 65 Commissioner Shaw seconded the motion and it passed with a unanimous vote. Reports were filed with the Board from the Tax Department, and Veteran's Service. The Tax Attorney's report for May was also filed with the Board is copied in full at the end of these minutes as Attachment 3. BUDGET AMENDMENTS Dallas H. Pope, County Manager, requested the following budget amendments: Capital Reserve Code 70-9810-001 Board of Education 81,196. increase Revenue: 70-3290-000 Interest on Investments 81,196. increase Commissioner Titchener moved for approval of the budget amendment. Commissioner Hill seconded the motion and it passed with a unanimous vote. Social Services Code 10-7700-004 Professional Services 6,000. increase 10-7700-005 FICA Tax Expense 3,000. decrease 10-7700-006 Group Insurance Expense 1,000. decrease 10-7700-007 Retirement Expense 2,000. decrease Commissioner Hill moved for approval of the budget amendment. Commissioner Titchener seconded the motion and it passed with a unanimous vote. Public Utilities (Water) Code 30-9100-004 Professional Services 2,600. increase 30-9100-008 Workmen's Compensation 360. decrease 30-9100-013 Utilities 2,000. decrease 30-9100-033 Materials & Supplies 240. decrease Public Utilities (Northeast) Revenue: 67-3771-000 Advance from HCPU - NE 55,789. increase 67-3700-5200 Tap-On-Fees - NE 55,789. decrease Public Utilities {Bunnlevel/Riverside Capital Pro;ect Code 85-4150-0300 Engineering 43,900. increase 85-4150-0800 Contingency 43,900. decrease Public Utilities (Industrial BuildinQ Renovation Code 65-9019-001 Construction 25,164. decrease 65-9019-020 Legal & Administration 3,500. decrease 65-9019-080 Contingency 1,100. decrease Revenue: 65-3970-000 Transfer from General Fund 29,764. decrease Public Utilities (Enterprise) Code 30-3350-001 Miscellaneous Revenue - NE 1,300. increase 30-9200-016 Mainten. & Repair - Sewer 1,200. decrease 30-9100-074 Capital Outlay - Equip.-NE 1,300. increase 30-9200-074 Capital Out1ay-Equip.-Sewer 1,200. increase Commissioner Titchener moved for approval of the five above listed budget amendments for Public Utilities. Commissioner Hill seconded the motion and it passed with a unanimous vote. Interfund Transfers Code 10-8701-1690 Capital Projects - Welsh 14,236. increase 10-3990-0000 Fund Balance Appropriated 14,236. increase Commissioner Titchener moved for approval of the budget amendment. Commissioner Hill seconded the motion and it passed with a unanimous vote. Library Code 10-8100-017 Maint. & Repair - Auto 2,000. increase 10-3990-000 Fund Balance Appropriated 2,000. increase Commissioner Titchener moved for approval of the budget amendment. Commissioner Hill seconded the motion and it passed with a unanimous vote. - -.- 289 Governinq Body Code 10-4100-014 Travel & Meetings 1,500. increase III 10-4100-004 Professional Services 1,500. decrease Commissioner Titchener moved for approval of the budget amendment. Commissioner Hill seconded the motion and it passed with a unanimous vote. EXECUTIVE SDSSION Commissioner Hill moved that the Board go into executive session. Commissioner Shaw seconded the motion and it passed with a unanimous vote. Commissioner Titchener moved that the Board come out of executive session. Commissioner Shaw seconded the motion and it passed with a unanimous vote. INSPECTIONS SEC. Commissioner Hudson made a motion that the Building Inspection POSITIOiJ R;:;CLASSIFI:D Secretary III position be reclassified from 60D to 60E. Commissioner Shaw seconded the motion and it passed with a unanimous vote. RESOLUTION RE: Mars~all W~odall, Tax Attorney, presented for the Board's OFFER TO SELL RI:AL consl.deratl.on a Resolution Accepting Offer to Sell Real Property PROPERTY Purchased at Tax Foreclosure Sale. Commissioner Titchener moved for adoption of the resolution. Commissioner Shaw seconded the motion and it passed with a unanimous vote. The resolution and deed are copied in full at the end of these minutes as Attachment 4. There being no further business, the Harnett County Board of ADJOURNMENT Commissioners meeting June 3, 1991, duly adjourned at 1:30 p.m. }-; ~k~ w:s:vJf Stewart,-Cnairman ~L ~'~ Vanessa W. Young, Clerk to tIle B~rd ~ ~/ ~. lflJIAildMJ Ka;'S'JB1anchard, Recording Secretary ATTACtiMENT 1. Resolu~ion Es~ablisbing Land Acquisi~ion Policy (Cape Fear Regional Was~ewa~er sys~em Projec~) THAT WHEREAS, the County of Harnett (hereinafter sometimes referred to as the "County") as part of the implementation of the Cape Fear Regional Wastewater System Project (hereinafter sometimes referred to as the "Project") will be a'cquiring land and/or rights in land for the purpose of locating thereon treatment facilities, interceptor pipelines and related facilities associated with the Project; and WHEREAS, the County shall follow certain existing laws, rules and regulations as hereinafter described in the process of acquiring lands and/or rights in land needed for the Project; and WHEREAS, with respect to such acquisitions, it is necessary for the County to prescribe certain policies, procedures and designations of authority which are not otherwise provided for in the referenced existing laws, rules and regulations; and WHEREAS, it is the desire of the Board of Commissioners of the County of Harnett to direct the appropriate representatives of the County to acquire the land and/or rights in land described in accordance with the existing laws, rules and regulations hereinafter set forth and to prescribe the other policies, procedures and designations of authority to be applied in association therewith. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the County of Harnett that: Section 1. The appropriate officers, agents and/or representatives of the County of Harnett are hereby directed to acquire the land and/or rights in land needed for the implementation of the Project under and pursuant to the following laws, rules and/or regulations: 290 a. The Uniform Relocation Assistance and Real Property Acquisitions policies Act of 1970 (42 USCS S4601 et. seq.) [the "Uniform Act"], b. The Uniform Act's implementing regulations, 49 CFR Part 24, c; Those Federal laws and implementing regulations referred to at 49 CFR S24.8, and otherwise referred to in the Uniform Act or 49 CFR Part 24, d. The Operating Policy and Procedure designated by the Environmental Protection Agency, and e. Such other and further laws, rules, and regulations otherwise denoted by the Environmental Protection Agency and/or the Division of Environmental Management of the North Carolina Department of Environment, Health and Natural Resources. Section 2. The following policies, procedures and designations of authority shall apply with respect to the acquisitions herein described: a. The policies, procedures and designations of authority set forth in this Section shall be interpreted in light of and in conformity with those laws, rules and regulations referred to in Section 1 hereof. b. The policies, procedures and designations of authority set forth in this Section are provided in addition to, and not in substitution of, those laws, rules and regulations referred to in Section 1 hereof. c. The County official designated to coordinate and implement the acquisition policy herein set forth shall be the Director of Harnett County Department of Public Utilities. He shall have authority to delegate administrative tasks to his staff when appropriate. d. According to the Uniform Act and its implementing regulations, before the initiation of negotiations to acquire land and/or rights in land, the County shall establish an amount which it believes is just compensation for the land and/or rights in land to be acquired. The amount of just compensation to be offered to the owner of the land and/or rights in land as described in 49 CFR S24.l02(d) shall be such amount as has been determined by the appraiser and has been approved by the reviewing appraiser. e. The Uniform Act provides that the County shall make every reasonable effort to acquire land and/or rights in land expeditiously by negotiation. So as to comply therewith and to ensure that owners of land and/or rights in land are treated fairly and consistently the following Acquisition Processing Timetable is hereby established: ACTION APPLICABLE TIME Written purchase offer made to As soon as possible after Owner by County establishment of amount of just compensation Written follow up communication Fourteen (14) days after made to Owner by county written purchase offer was made Response to purchase offer to Twenty-one (2l) days after County due from Owner written purchase offer was made County response to Owner *Seven (7 ) days after response to purchase offer is due from Owner *In the event the County's response is contingent upon action by the Board of Commissioners, the applicable time for response to Owner shall be three (3) days after the next regularly scheduled Board Meeting which follows the date the response to purchase offer is due from Owner. f. Negotiations for the acquisition of land and/or rights in land shall be deemed to have failed if, (i) The Owner does not respond to the County's written III offer to purchase in a clear, definitive manner within the time designated in the Acquisition Processing Timetable, or ( il) The Owner and the County are unable to agree upon the terms and conditions of an acquisition pursuant to the Uniform Act and other applicable laws, rules and regulations within the time designated in the Acquisition Processing Timetable. g. 49 CFR 524.106 provides that the Owner of land and/or rights in land shall be reimbursed for all reasonable expenses incidental to the transfer of title to the County as therein described. Pursuant to suggestion made in ~9 CFR 524.106(b), the County shall, whenever feas~ble, pay the described expenses directly so that the Ow~er will not have to pay such expenses and then seek re~mbursement from the County. -- - - -- 291 : h. 49 C~R S24.10 provides that any aggrieved person may file a wr~tten appeal with the County in any case in which the pers~n believes that the County has failed to properly cons~der the person's application for assistance under III Part. 24. In the case of such an appeal, the following rules shall apply: (i) The time limit for initiating the appeal shall be within sixty (60) days after the person receives written notification of the County's determination on the person's claim. (ii ) The appeal shall be filed with the Director, Harnett County Department of Public Utilities, Post Office Box 1119, Lillington, North Carolina 27546. (Hi) The County official conducting the review of the appeal shall be the Assistant County Manager. (iv) A written determination regarding the appeal shall be made within fourteen (14) days after receipt of all information submitted by a person in support of an appeal. Section 3. It is directed that a statement of the policies, procedures and designation of authority set forth in Section 2 hereof shall be provided to Owners of land and/or rights in land or their designated representatives. .Du~y adopted this 3rd day of June, 1991, upon motion made by COmJU1ss~oner Hudson seconded by Commissioner Shaw and adopted by the following vote: Ayes 5 Noes 0 Absent 0 Board of Commissioners of the County of Harnett By~l ~ /JLo.J'------ L oy&, G. Stewart Chairman of the Board -1:t: .,~,yJ '-{~''''1 Vanessa W. Young ( . Clerk of the Board ATTACHHEHT 2. BUDGET MESSAGE June 3, 1991 TO: THE HARNETT COUNTY BOARD OF COMMISSIONERS Lloyd G. Stewart, Chairman Bill Shaw, Vice Chairman Commissioners Walt Titchener, Mack Reid Hudson, and Beatrice Hill In accordance with the Local Government Budget and Fiscal Control Act, Article 3, G. S. 159.11, the proposed budget for the fiscal year beginning July 1, 1991, is presented herewith for your consideration. The law specifies that the budget ordinance be adopted by July 1, 1991. At the request of the Board of Commissioners, the budget public hearing has been set for June 17, 1991, at 7 p.m. in the County Office Building, 102 East Front Street, Lillington, North Carolina. The time and date of the public hearing will be published as required by law. The proposed budget is presented in the same format that was used for the F.Y. 1990-91 Budget. Under this format, all taxes are levied for the General Fund; and the General Fund contributes to other funds and to the Board of Education for the funding of the schools in Harnett County. --- .- 292 The F.Y. 1991-92 Budget was prepared in keeping with the policies, goals, and needs of the communities of the County, as determined by the Board of Commissioners and Budget Officer. The major changes in the F.Y. 1991-92 Budget are as follows: 1- The major increases and adjustments in the proposed budget involves Landfill (Federal and State mandated solid waste programs), Social Services (Federal and State mandated programs), Emergency Services (State Fire Prevention Code), Group Insurance, and Workers' Compensation. All major budget increases for F.Y. 1991-92 have come about through directed State and Federal programs with estimated cost to the County of $1,301,000, which requires new County revenue to fund. The County ad valorem tax rate could be reduced by 7C without the new State and Federal mandates. 2. The County has established one new department for the new budget year which has been designated the Retired Senior Volunteer Program/Senior Citizens' Department. This new department also brings forward the revenue required to operate, therefore, requiring no additional County revenue. 3. The Landfill budget shows an increase of $540,000 designated for construction and operational requirements mandated by Federal and State solid waste directives. 4. The Tax Department budget includes continuation of the multiyear tax mapping contract project which is budgeted for $420,000. 5. The Central Carolina Community College budget has increased $37,357 for the support of the new high tech classroom facility on the Harnett County Campus. 6. The proposed budget includes a 2~% cost of living salary increase for all regular County employees. 7. The County group medical insurance program has a 3~% increase included in the proposed budget based on projected medical cost for F.Y. 1991-92. 8. The proposed budget includes new manpower positions for six departments. A. Finance - One Accounting Clerk IV B. Law Enforcement - One Data Entry Clerk C. Emergency Services - Two Fire Prevention Specialist and Secretary IV D. Register of Deeds - One Deputy E. Procurement/Vehicle Maintenance - One Mechanic II and Transportation Coordinator F. Solid Waste - Two Weighmaster/Operators 9. The Contingency Fund proposed budget is $30,000 which provides funding for several projects: such as personnel merit pay program, special projects, and maintenance and repair of buildings. 10. In addition to the general county taxes, the proposed budget includes special districts' taxes for the fire and rescue districts and the ---- - - ----- 293 special school district. All special districts have submitted balanced III budgets and letters of request for their tax levy. The Finance Officer will be directed in the Budget Ordinance to turn over all funds collected for the special tax districts to the respective district or designated agency. 1I. Revenue items which show an increase over last year are ad valorem tax, interest on investments, sales tax and fees. 12. Revenue items which show a decrease over last year are Home Health, Social Services, Library, Youth Services, and Human Resources. 13. There is one major question shadowing the County's revenue projections-- (Will the State Legislature cut revenue now being provided to the County in F.Y. 1991-921) which could reduce our estimated County revenue by $1,200,000. If the State in fact cuts County revenue, the County budget will have to be amended by reducing services. In order to generate revenues for the General Fund budget for the ad valorem tax line item, it will be necessary to adopt a tax rate of $0.73 per one hundred dollar ($100) valuation, which is the same tax rate approved for F.Y. 1990-91 Budget. Attached to the Harnett County budget is a copy of the Public Utilities budget. Since Harnett County Public Utilities is an enterprise fund, it is filed separately from the Harnett County budget and is included as a separate budget package. Public Utilities will be adding new water and wastewater project for F.Y. 1991-92 which will be developed through project budget ordinances for the Southeast District, Northeast Metro District, Cape Fear Regional Wastewater System, East Central District, and West Central District, Phase II. The F.Y. 1991-92 proposed budget is a balanced budget for the General Fund and Public Utilities. General Fund: Revenue $26,503,824 Expenditures $26,503,824 Public Utilities: Revenue $ 2,868,348 Expenditures $ 2,868,348 The General Fund Budget for F.Y. 1990-91 compared with the .F.Y. 1991-92 shows a 2% increase in total Budget. The proposed F.Y. 1991-92 Budget has been prepared by the Department Heads, the Finance Officer, the Budget Officer, and the Budget Working Group. It is the privilege of the Board of Commissioners to alter the proposed F.Y. 1991-92 Budget at anytime before adopting the Budget Ordinance. Atil!1yl . DallafH. .Po , Budget Officer - --- 294 ATTACHMENT 3. RE: MONTHLY REPORT TO COMMISSIONERS AND STATEMENT OF FEES AND CHARGES FOR THE MONTH OF MAY, 1991 1. Tax Suits Dismissed: III NAME SUIT NO. *AMOUNT COL. **COURT ATTORNEY COSTS FEES Anderson Creek Townshio Hickman, Bryant 88 CvD 0766 1,029.63 490.72 290.00 Averasboro Townshio Hartley, William 91 CvD 0455 1,291.59 271.06 200.00 Kozma, Soloman 91 CvD 0457 2,982.27 232.62 l75.00 McLean, Benny 88 CvD 0990 1,036.48 339.90 290.00 ~arbecue Townshio Cameron, Max 91 CvD 0456 985.84 309.28 250.00 ~uckhprn Townshi~ l75.00 Cornell, Lawrence 9l CvD 0445 389.29 226.04 Grove Townshio Davis, Lorenzo 90 CvD 0977 631.17 251.55 200.00 Hector's Creek Townshio Robinson, Sherrill 90 CvD 0977 2,603.37 263.86 200.00 Johnsonville Townshio Tart's Realty nla 888.98 75.00 75.00 Swann, Felton 89 CvD 0872 1,079.76 394.00 340.00 Stewart's Creek Townshio Gunn, Nathaniel 90 CvD 1084 1,979.69 256.80 200.00 Thomas, Charles nla 869.42 75.00 75.00 ~oQer Little River Townshio Smith, Richard 91 CvD 0614 :.064.67 227.62 175.00 Subtotal $l6,832.l6 $3,4l3.45 $2,645.00 NOTE: * Total collected includes taxes, interest and Court costs. ** Court costs includes attorney tees allowed by Court. 2. Advanced Costs: J2A:U EXPl->ANA T ION CHARGE 5-6-91 Lillington Postmaster - postage Empire Acceptance - 91 CvD 0356 2.08 5-6-91 Lillington Postmaster - certified mail Clifford Godwin - 90 CvD 1505 7.54 5-13-9l Lillington Postmaster - postage Gilbert Swann - 91 CvD 0281 1. 62 5-15-91 Sheriff of Scotland County - service fee Wilmar Walker - 91 CvD 0511 5.00 5-15-9l Lillington Postmaster - certified mail Larry Matthews - 9l CvD 0512 5.04 5-20-91 Sheriff of Guilford County - service fee Empire Acceptance - 91 CvD 0356 5.00 5-20-91 Sheriff of Lee County - service fee Empire Acceptance - 91 Cvd 0356 5.00 5-22-91 Lillington Postmaster - postage Richard Smith - 9l CvD 061~ 1.62 5-24-91 Lillington Postmaster - restricted delivery mail Wellons Realty - 91 evD 0567 5.48 5-24-91 Lillington Postmaster - restri~ted delivery mail Wellons Realty - 91 CvD 0566 lO.96 5-24-91 Lillington Postmaster - restricted delivery mail Wellons Construction - 91 Cvd 0568 4.79 5-28-91 Lillington Postmaster - postage Joseph Rush - 91 CvD 0615 1. 62 5-28-91 Lillington Postmaster - postage III Wellons Realty - 91 CvD 0566 17.86 5-28-91 Lillingcon Postmaste~ - postage Wellons Realty - 91 evD 0567 12.95 5-28-91 Lillington Postmaster - certified mail James Mitchell - 90 CvD 1166 2.52 5-29-91 Lillington -Postmaster - certified mail Samuel Stinney - 90 CvD l159 5.04 5-30-91 Lillington Postmaster - postage Wellons Construction - 91 CvD 0568 9.03 Total Advanced Costs 103.15 SUMMARY OF CHARGES & FEES Tax suits dismissed $2,645.00 Advanced costs ~03.15 BALANCE DUE S2.748.1!i -- - - - - ------------ 2'95 , 3. New Suits Started during the month of May, 1991 and~rson Creek TownshiQ Rush, Joseph 91 CvD 0615 III ~ver~sboro Townshio Wilkins, John 91 CvD 0518 Guin, Arthur 91 CvD 0619 Barpecue Townshio Empire Acceptance 91 Cvd 0356 Buckhorn Townshio Sealey, Jack 91 Cvd 0621 Grpve Townspio Wellons Realty 91 CvD 0567 pDDer~ttle River Townshig Swann, Gilbert 91 CvD 0281 Smith, Richard 91 Cvd 0614 YAIious Townsh~ Wellons Real ty 91 CvD 0566 Wellons Construction 9l CvD 0567 (r^Q..r:;,kll UJ.X2'<'CSM~ . E. Marsnall Woodall Post Office Box 39 Lillington, NC 27546 Telephone: (919) 893-5191 ATTACHMENT 4. RESOLUTION ACC2PTING OFFER 70 SELL REAL PROPERTY ?~RCHASED AT TAX FORECLOSURE SALE THP.T WHERE.;S, the County of Harnett di.d previcusly purchase that certain 0.413 acre, more or less, tract 0= land located on the western side of Old Fairground Road in a tax foreclosure sale held on or about J~ly 17, 1989 for a bid of $4,220.17; reference is made to that certain foreclosure action enti~led "County of Harnet~ vs. John David Lee, Sr. et als", 87 CvD 0486; and ~'JHERE.l:\.S , .... :13rnett County Board of Commissioners did C:l ...n.e January 7, 1991, auchorize the sale of the aforementioned property by negotiated offer, advertisement and upset bid; and KHEREJl.S, t.he $3,000.00 bid received at said time was advertised ~r. the Daily Rsccrd newspaper and was upseti and WHEREAS, ten (10 ) subsequent offers made to the County of Harnett for said p~o?erty were upset by advance bids; and h:EREAS, a" offer was made to the County of Harnett in the .. amount of $5,650.00 by Shelton A. Davis and wife, Sharon Davis and that a notice of said offer was advertised in the Daily Record newspaper on May 6, 1991 and that said bid has not been raised or upset by advance b~d; and WHEREAS, the advertised notice contained a general description of the lands to be sold, the amount and terms of the offer from Shelton A. Devis and wife, Sharon Davis and a notice that within ten ( 10) days any person may raise the bid by not less than a $225.00 raise and that any such person should contact Vanessa W. Young, Clerk to the Board of Co~~issioners at her office in the ---- 296 COU"''''y Off' e ....,.~~ ...., ;.., L.:..': L. ngto:1 , NC and make deposit of 10% I..... .. lC "'....._(:l..g ...... of the ~aised bid; and WHEREAS, it appears by representations of E. Marshall Woodall, Harnett County !ax Attorney, who has handled ~he proceeding of sale for and on behalf of the County of Harnett, that four ( 4 ) bidders have been involved in making the various offers and upse~ bids on the subject property and th.~t further it appears that the property is a vacant tract of land upon which is located the remains of a burned dwelling; and WHEREAS, it appears to the Board of Commissioners that the price being offered by Shelton A. Davis and wife, Sharon Davis is a fai~ and reasonable price and is as much as can reasonably be expected to be received from the sale of said property and 1:. hat said offer should be acceoted and the officials of the County be authorized to executed a deed transferring the property to said offerors. NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: First: That the offer of Shelton A. Davis and wife, Sharon Davis to purchase the aforementioned real property for the sum of $5,650.00 be and the same is hereby accepted; Second: That the Chairman and Clerk to the Board of Commissioners ba and they are hereby authorized to execute in the name 0: the County of Harnett a deed conveying the aforementioned property to said offerors upon the payment by them of the purchase price; Th i ni: That E. Marshall woodall, Harnett County Tax Attorney shall submit his bill for services rendered and expenses incurred 1n the advertiseme:1'C of said property and other costs of sale to be submitted to the County Manager for approval for payment by the Harnett County Auditor; Fourth: T:-:at the officials of the County of Harnett be and they are hereby authorized to do and perform all acts and things necessary to carry out the intent of this resolution. Duly adoptee in regular session held June 3, 1991. H.~RNETT COUNTY BOARD OF COMMISSIONERS BY: ~ /j/~' Stewart, Chairman Attest: /- / ~~ 'fJv'. ~~/ Vanessa W. Young, C rk -. - - -- 297 Excise Tax Hecording Time. Dook and Page PI Identifier No. .. ..... ........ Tax Lot No. .......................... aree 991 Verified by.................... County on the .... day of .........., 1 by ........................................................................ .. -- ....~ - - - Mail after recording to WOODALL, FELMET & PHELPS, P.A. Attorneys at Law, POBox 39, Lillington, NC 27546 I This instrument was prepared by E. Marshall Woodall Brief description for the Index: 0.413 acres; Averasboro Township NORTH CAROLINA NON-WARRANTY DEED THIS DEED made this 3rd day of June, 1991 by and between GRANTOR . - _. -~ . GRANTEES THE COUNTY OF HARNETT SHELTON A. DAVIS and wife, a body politic SHARON DAVIS Route 2, Box 415 Dunn, NC 28334 Enter in appropriate block for each party: name. address. and if appropriate. character or entity. e.q. corporation or partnership The designation Grantors and Grantee's as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantors, for a valuable consideration paid by the Grantees, the receipt of which is hereby acknowledged, has bargained and by these presents does grant, bargain, sell and convey unto the Grantees in fee simple, all that certain lot or parcel of land situated in the Averasboro Township, Harnett County, North Carolina and more particularly described as follows: All that certain tract or parcel of land containing 0.413 acres, more or less, situate on the west side of the Old Fairground Road and more fully described in a Deed dated July 31, 1978 from Charles E. Butler and wife, Melba Adams Butler to John Oavid Lee, Sr. and recorded in Book 675, Page 852, Harnett County Registry which reference is incorporated herein as a part of this description and more fully described as follows: BEGINNING in the western margin of the Old Fairground Road at an iron pipe stake, same being a new corner between Robert Meadow and Bobby Weaver corner; thence South 69 degrees 0 minutes West 120 feet to an iron pipe stake, same being a new corner of the Marion F. Butler and Bobby Weaver corner; thence South 21 degrees 0 minutes East 150 feet to a new iron pipe stake, another corner of the Marion F. Butler and Bobby Weaver corner; thence North 69 degrees 0 minutes East 120 feet to a new corner in the western margin of the right of way of the Old Fairground Road; thence North 21 degrees 0 minutes West, along the western margin of said road 150 feet to the point of Beginning; containing approximately .413 acres, more or less. This being the same land described in Deed of Maddie Pearl Butler, widow to Bobby L. Weaver and wife, Doris B. Weaver, dated October, 1968, and recorded in Book 509, Page 213, Harnett County Registry. - - - --.-- - -.--- 298 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantees in fee simple. IN WITNESS WHEREOF, the Grantor has caused this instrument to be signed in its name by its duly authorized officers pursuant to a resolution authorizing such act at the regular meeting of the Harnett County Board of Commissioners held June 3, 1991 and has caused the County's official seal to be hereunto affixed the day and year first above written. COUNTY OF HARNETT By: )J~ (Seal) Stewart, Chairman Bard of Commissioners of Harnett County ATTEST: ~~y~~g; ~~tf **************************************************************************** NORTH CAROLINA ACKNOWLEDGEMENT HARNETT COUNTY I, a Notary Public of the County and State aforesaid, certify that Lloyd G. Stewart personally came before me this day who being by me duly sworn, deposes and says: that he is the Chairman of the Harnett County Board of Commissioners and Vanes sa W. Young is the Clerk of said Board, that the seal .~.n~" affixed to the foregoing instrument is the official seal of ~C\"~ ~lANC/f;#"'#. Harnett County, that said instrument was signed and sealed by ~.... ~~ . Ipo::> ~\ him, attested by the said Clerk and the County's seal affixed .eo i \ thereto, all by authority of the Board of Commissioners of - : said County, and the said Lloyd G. Stewart acknowledged said ! = . = instrument to be the act and deed of Harnett County. \~ PUBUc. ~ I ~~ ,,~l ~ 1ft '\ ',~ "'" II' COU~ \"".. J( ~~irtJAJ 'I, \\ ,.".,,,.,,,,, Notary Public My Commission Expires: July 22. 1992 ***************************************************************************** The foregoing Certificate (S) of - - is/are certified to be correct. This instruction and this certificate are duly registered at the date and time and in the Book and Page shown on the first page hereof. GAYLE P. HOLDER, REGISTER OF DEEDS FOR HARNETT COUNTY BY: . Deputy/Assistant-Register of Deeds. - - - -