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02051973REGULAR - MEETING The Board of Commissioners met on Monday, February 5, 1973, will -allj members present. Also present was H. D. Carson, Jr., Clerk to the A,oard and County Attorney, Edward H. McCormick. Special 'guest was Paul Baile 12 year old, from Charlotte, North Carolina, CALL TO ORDER Chairman Brock called the meeting to order at 9:30 a.m. and Mr.Ken- neth Autry led the morning prayer. MINUTES The minutes of the previous meeting were read and approved. ORDER OF BUSINESS ROAD PETITIONS The following road petition was presented: Johnsonville Township, 3/4 mile, 4 occupied homes, request for addition to the system. Mr Autry told the Board that his department was being kept busy with repairs as a result of the ice storm and the rain and also with the problem of clearing main road shoulders of trash and debris thrown out or dumped by the road. He said that he and his department did appreciate<':the patience of the people of the county in getting the roads_repaired and also in reporting the problems to his departmen Commissioner Brown moved to approve the foregoing road petition, Commissioner Cotton seconded the move and it passed. REPORT FROM ERWIN FIRE DEPT. The Chairman presented the Erwin Fire Department's annual report to the Board. RESOLUTION RE: SCHOOL a Robert H. Jones, Attorney for School Board, presented the following resolution for the pleasure of the Board: RESOLUTION Whereas, it appears to the satisfaction of the Harnett County Board of Education that the public school system of the County is inadequ and fails to meet the educational needs of the people of the County as required by law; And, whereas, it is the opinion of the said Board of Education that for the proper improvements and development of the school system in Harnett County, that the erection of additional school buildings, renovation of existing school buildings and the acquisition of land and equipment are necessary; And, whereas, options have been obtained in connection with the pur chase of three excellent sites for construction of badly needed new schools, which options will soon expire, if not exercised; NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Educ- ation that the said Board of Education does unanimously recommend to the Harnett County Board of Commissioners as follows: r to 1. That they do purchase the real property at the three proposed siltes upon which options are now had. 2. That they do immediately impose and levy the Local Government Sales and Use Tax as authorized by North Carolina General Statutes 105 -463 thru 474, allocating all or substantial part of the proceed of this tax levy for the proper maintenance, conduct and improvementls' of the public school system to the end that construction may begin as soon as possible, with the use of these funds along with other available funds for the construction of three consolidated high schools on the sites purchased, to be built and implemented as repidly as the funds are available, starting in the area where the need is the greatest, in order that the people of Harnett County might have a school system which adequately meets their needs. Enacted & the meeting of the Harnett County Board of Education on the 15th day of January, 1973. Attest: /s/ R. A. Gray HARNETT COUNTY BOARD OF EDUCATION /s/ Hoke Smith Chairman Secretary Approximately 30 people gathered in the Commissioner Room in S'uppor of the above resolution. The School Board also presented a form entitled "HARNETT COUNTY SCHOOLS LONG -RANGE CONSTRUCTION PLAN ". Steve Carver appeared and spoke against the school construction plan. ACTION: The Chairman informed the group and Attorney Jones, that the Commissioners would take the resolution and the long -range plan mder consideration and notify the proper authority of their decisio prior to the 28th of February, 1973. .w MINUTES OF FEBRUARY 1973 MEETING STATE WIDE KINDERGARTENS After receiving and reading literature and materials about state -wide kindergartens, Commissioner Cotton moved to support State -Wide Kind -' ergartens: Commissioner McLamb and Commissioner Brown seconded the motion and the issue passed. HO SHELTERED WORK SHOP Marvin Marshall, Ralph McCoig, and Carson Gregory appeared before the Board in regards to hiring Allen Keith Hampton as Director of Harnett County Sheltered Workshop, due to the resignation of Kirk Clark. They informed the Board that Mr. Hampton would assume the duties of the position March 1, 1973. Mr. Gregory and Mr. McCoig discussed some of the programs being carried on at the Workshop and some of the plans for the future. Thomas Allen, Tax Supervisor reported on the progress of the tax listing, and reminded the Board that the books would come into the Tax Office on February 15, and that listing would be carried on in the Tax Office from February 16, through March 2, without penalty. Mr. Earl Jones gave the report from the Tax Collector's Office. He presented the following report and resolution, which was accepted and adopted by a motion of Commissioner Cotton, a second by Commiss- ioner Brown and a unanimous vote: TAX SUPERVISOR TAX COLLECTOR Tax Report To: The Honorable Board of Harnett County Commissioners: In accordance with the new Machinery Act of•North Carolina G.S. 105- 369(a) I report that as of the close of business January 31,1973 the unpaid taxes that are liens on real property for the current fiscal year amount to: $ 257,091.82 ($ 237,037.59 last year) RESOLUTION Be it resolved that the Governing Body of Harnett County hereby orders and directs the Tax Collector to conduct a Tax Lien Sale at the courthouse door on Monday May 7, 1973, beginning at 10:00 a.m., pur- suant to G. S. 105 -369. Respectfully submitted, W. Earl Jones, Tax Collector. TAX AND WELFARE LIEN ATTORNEY The Tax & Welfare Lien Attorney report is as follows and was pres- ented by E. Marshall Woodall, Attorney. COLLECTION ON TAXES: Howard Owen Ryals #71 CVD 0680 Aver. Twp. $92.81 amt. and fee $20. COLLECTION ON WELFARE LIENS: Alfred Elliott Ave. Twp. $1,494.81 amount and fee $ 124.74. Neal Norris Grove Twonp. 36.00 5.40 Vada Norris Grove Twp. 36.00 5.40 Total $1,566.81 $ 135.54 NCACC LEGISLATIVE COMMITTEE MEMBER Commissioner W. J. Cotton, Jr. was appointed to serve on the state legislative committee of NCACC for 1973, by nomination of Commission- er McLamb and affirmative vote. SAFEKEEPING FOR WARDS OF THE CO. Attorney McCormick told the board that a ruling received from the Attorney General's office indicated that the county was responsible for safekeeping expenses incurred during the progress of trial. Commissioner Cotton suggested that the County Attorney be directed to seek another ruling from the Attorney-General's office, from the standpoint of the county, in that this was not and could not be a budgeted item. Commissioner Brown agreed with the suggestion, as did the other commissioners. The County Attorney agreed to do so. LETTER FROM DUNN RE: TAP ON FEE The Chairman read a letter from the City of Dunn, where in the Coup' received funds from a tap -on to a u tility line that had received county participation. It was declared that all reports were on file in the Auditor's Office and could be viewed at will. REPORTS REGISTER OF DEEDS RECLASSIFICATION ARRIVAL OF MOBILE CRIME LAB ADJOURNMENT The Chairman read a letter from the Register of Deeds requesting a change in the classificaiton of Mrs. Sessoms. The action was tabled until the next meeting of the Board. The Board was notified of the arrival of the mobile crime lab for our county. The meeting adjourned at 12:15 p.m. 118 CONCLUSION OF THE MINUTES OF THE FEBRUARY, 1973, MEETING. e / et -' °°'!ST Brock, Chairman ✓a!' t0 Cler to MINUTES OF SPECIAL MEETING HELD ON FEBRUARY 26, -1973. A special called joint for February 26, 1973, Board of Commissioners H. D. Carson, Jr. The oard. meeting of the Board of Commissioners and the Board of Education was called 7:30 p.m., Commissioners Room, Courthouse, Lillington. All members of the were present, also County Attorney- Edward H. McCormick and Clerk to the Board, topic of discussion was the purchasing sites for school constructions. The following letter was presented to the Board: HARNETT COUNTY SCHOOLS Office of Superintendent Lillington, N. C. 27546 February 26, 1973 Mr. M. H. Brock, Chairman Harnett County Commissioners Lillington, N. C. 27546 Dear Mr. Brock: The Harnett County Board of Education went before the Board of Commissioners on February 5, 1973, and requested that the Board of Commissioners purchase the three proposed consolidated school sites and that the Board immediately impose and levy the local option one percent Sales and Use Tax. In that meeting you stated that the Board would take both requests under advisement and give a response at a later date. You further stated that the Board would give an answer as to the request to purchase the three sites before February 28, 1973. In a special joint session of the Board of Commissioners and the Board of Education on Febru ary 19, 1973, at 7:30 p.m., it was determined that a six -month extension had been secured for site number three; therefore, immediate attention was required only for the purchase of sites num- ber one and number two. The options on these two sites expire on February 28, 1973. The Board of Education has sold three surplus houses during the past fiscal year for a total of $25,390., which is available for the purchase of these sites. The total purchase price for sites one and two is $109,086.25. Thus $84,696.25 is needed from other sources. The Board of Commissioners stated that this amount was available from the County's share of Federal Revenue Funds. However, the County Attorney, Mr. Edward McCormick, pointed out possible legal problems in the use of these funds. For that reason, the Commissioners suggested that the Board of Education review its Current Expense budget to determine if there may be surplu' funds which could be transferred to the Capital Outlay budget for the purpose of purchasing these two sites. In reviewing the budget, there were no anticipated surplus funds in the Current Expense bud -' get. However, the income or receipts from three budget sources have been greater than anti- cipated as follows: lw Budgeted PL874 funds - $80,000.00 -PL874 receipts $128,322.00 - surplus $48,322.00. 2. Investment expected to be cashed in July, 1972 - budgeted $.00- interest from investment $11,250.00. - surplus $11,250.00. 3. Budget fines and Forfeitures $85,000. Estimates as of Feb. 26, 1973 $111,000.00 - surplus $26,000.00 -- -Total Surplus $85,572.00. The Harnett County Board of Education in special session February 26, 1973, at 7:30 p.m., unanimously passed a motion to request the Harnett County Board of Commissioners to transfer surplus funds in the amount of $85,572.00 from the School Current Expense Fund to the School Capital Outlay Fund. These funds will be applied toward the purchase of school sites one and two. The total cost of these sites is $109.086.25. The surplus current expense funds reque - ted to be transferred to the Capital Outlay fund plus the income from the sale of surplus property this fiscal year will provide the necessary funds to purchase these sites. Your favorable action on this request will be appreciated. Sincerely /s/ Hoke Smith, Chairman Board of Education /s/ R.A. Gray, Secretary. ACTION: The County Attorney, Edward H. McCormick cited General Statute 153 -28, which in his opinion, prohibits the transfer of said funds. The County Attorney stated that the funds could not legally be transferred from Current Expense Fund to Capital Outlay Fund. The meeting adjourned at 9:30 p.m. kLs17c1 q6 Secretar Chair a Cler to the B