11031975MINUTES OF THE REGULAR SESSION OF THE BOARD OF COMMISSIONERS FOR NOVEMBER, 1975
REGULAR MEETING
The Harnett County Board of Commissioners met in regular session
on Monday, November 3, 1975. Chairman Bobby R. Etheridge pre-
sided with the following Commissioners present: W. J. Cotton, Jr,
M. H. Brock and Lloyd G. Stewart. Jesse Alphin was absent. Also
present were H. D. Carson, Jr., Clerk and Edward H. McCormick
the County Attorney.
CALLED TO ORDER The Chairman called the meeting to order at 9:30 A. M.
PRAYER Chairman Etheridge offered the morning prayer.
MINUTES READ The minutes of the previous meeting were read and approved.
Commissioner Brock made mention to the minutes of October 6, 1975,
page 494 and corrected them to read "Lloyd G. Stewart was appoint-
ed to the Sanitary Landfill to take Gilbert Brown's position and
he was added to the Standing Committee on Education."
MR. O.W. STRICKLAND Mr. 0. W. Strickland, Division of Health Services Supervisor,
Solid Waste Management Unit, appeared before the Board and
presented a "Survey Data and Proposed Management Program for
Solid Waste Disposal in Harnett County ". The Board will study
this proposal presented by Mr. Strickland and ask him to come
back at some future date after the Board has had a chance to
Study the project. Commissioner Brock mentioned that he was in
agreement with Mr. Strickland's proposal.
REPAIRS AND PROBLEMS
WITH COUNTY OFFICE
BUILDING Bill Gwinn, LBC & W Architects, Inc., appeared before the Board
and discussed several repairs and problems with the County
Office Building and the final payment.
TAX LIEN ATTORNEY
REPORT Edward H. McCormick, County Attorney, gave the report for E.
Marshall Woodall, Tax Lien Attorney:
AMT. ATTY
NAME CASE NO. TOWNSHIP COLL. FEES
Williams, Herbert SD 3540 Grove 265.00 20.00
Berger, Florese Everette
74CvD1630 Ave 142.15 20.00
McLean, John 75CvD0585 Lill. 123.77 20.00
Leach, George T. & Pearl
74CvD1639 Ave. 326.56 30.00
Faircloth, Roger A. & Evelyn
74CvD1616 Ave 128.86 20.00
986.34 110.00
"AN ORDINANCE REGULATING THE BUSINESS OF MASSAGE AND MASSAGE PARLORS"
Presentation Edward McCormick presented an ordinance to the Board entitled
"AN ORDINANCE REGULATING THE BUSINESS OF MASSAGE AND MASSAGE
PARLORS" and asked that this be introduced at this meeting and
adopted at the mid -month meet -ng of November 17, 1975. Comm-
issioner Brock made a motion to introduce this ordinance and
have it placed on the docket for the November 17th meeting.
Commissioner Stewart seconded the motion and the issue
passed unanimously.
ORDINANCE OF THE COUNTY OF HARNETT
TITLE: AN ORDINANCE REGULATING THE BUSINESS OF MASSAGE AND MASSAGE PARLORS
1. Definitions. (a) "Massagist" (either male or female). One
who offers to massage another for a salary or fee.
(b) "Massage parlor." Any place of business where massagists
are employed to offer massage for a salary or fee.
2. Licensed health professionals excluded. Licensed health pro-
fessionals acting in he ordinary course of their profession are neither
"massagists" as defined in paragraph 1(a) nor owners of 'massage parlors"
as defined in paragraph 1(b).
3. License required. A person may not (a) work as a massagist
or (b) operate a massage parlor unless licensed.
4. Issuing of licenses, fee required. The Sheriff shall issue a
license to any eligible person who pays an annual fee of $50. -0 (Fifty
Dollars) for a massagist's license or of $500.00 (FIVE HUNDRED Dollars)
for a massage parlor license. Such licenses shall be valid for one year
only and must be renewed annually.
5. Persons ineligible for licenses. The following persons may not
be licensed to work as a massagist or to hold a massage parlor license:
(a) A person who has been convicted of a crime involving
sexual misconduct including but not limited to those covered by G.S. 14,
Article 26 (Offenses Against Public Morality and Decency) and G.S. 14,
Article 26 (Prostitution).
(b) A person under 18.
(c) A person convicted of violating this ordinance.
6. Posting required. (a) The Sheriff shall provide a copy of
this ordinance for posting to each massage parlor licensee upon licensing.
(b) Each massage parlor licensee shall display in a prominent
place the license issued pursuant to this ordinance together with a copy of
this ordinance.
(c) Each massagist shall post his license in his work area.
7. Fingerprinting required. An applicant for a license shall
submit to fingerprinting. The fingerprints may be sent to the S.B.I.,
F.B.I., or other appropriate law enforcement agencies.
8.. Prohibitions and limitations. (a) Minimum Age. (1) No person
in the business of massage may massage a person under 18 except under the
direction of or by order of a licensed health professional. (2) No
person may employ one under 18 to work as a massagist.
(b) Limitation on hours of operation. Massage parlors may
operate only between the hours of 8 o'clock a.m. and 10 o'clock p.m.
(c) Limitation on scope of massage. No massagist may in the
course of business massage the penis, scrotum, mons veneris, vulva, or
vaginal area of another.
(d) Inducement to violate ordinances or provisions of General
Statutes relating to sexual misconduct. No person may induce a
licensee or employee or agent thereof to violate this ordinance or any
provision of the General Statutes of North Carolina pertaining to sexual
misconduct including but not limited to that covered by G. S. 14, Article
26 (Offenses Against Public Morality and Decency), and G. S. 14 =, Article
27 (Prostitution).
(e) Licensee required to supervise. Massage parlor licensees shall
supervise the :conduct of massagists in their employ. Failure to suppress
illegal activity is grounds for revocation of a license.
9. Massage parlors subject to inspection. The Sheriff or any
member of his department may inspect massage business premises during the
hours that they are pen bus business.
SS 10. REVOCATION. DUE PROCESS HEARING.
(a) The Board of Commissioners of Harnett County shall revoke the
licence of any licensee who has been convicted of: (1) a crime in-
volving sexual misconduct including but not limited to those covered
by G.S. 14, Article 26 (Offenses Against Public Morality and Decency)
and G.S. 14, Article 27 (Prostitution), or (2) this ordince.
(b) Any revocation shall be made only after written notice of the
grounds for revocation has been given to the licensee and he has had
an opportunity to answer the charges in a hearing before the Board of
Commissioners.
(c) At a license revocation hearing conducted pursuant to § 10(a)
the Board shall consider only a licensee's final conviction of (1) a
crime involving secual misconduct including but not limited to those
covered by G.S. 14, Article 26 (Offenses Against Public Morality and
Decency) and G.S. 14, Article 27 (Prostitution), or (2) this ordinance.
(d) The Board of Commissioners may revoke the license of any licensee
who is found to have failed to supervise the conduct of massagists in his
employ as provided for in §, 8(e).
(e) At a license revocation hearing conducted pursuant to § 10(d)
the Board shall consider any competent evidence.
11.. Violation a Misdemeanor. Violation of this ordinance is punishable
by a fine of not more than $50.00 (Fifty Dollars) or imprisonment for not
more than 30 (thirty) days.
12. Injunctive relief available. This ordinance may be enforced
by any appropriate equitable remedy as authorized by G.S. 153A -123.
§ SEVERABILITY.
RESOLUTIONS
SR 1121
TAX SUPERVISOR
TAX COLLECTOR
MANPOWER DIRECTOR
TITLE XX -to execute
contracts
GAS REPORT
RESOLUTION ON TERMS
OF OFFICES, etc.
tt
If any provision of this ordinance or its application to any
person or circumstances is held invalid, such invalidity shall not
affect other provisions or applications of the ordinance which can
be given effect without the invalid provision or application, and to
this end the provisions of this ordinance are declared to be severable.
§ 14. EFFECTIVE DATE.
(a) This ordinance is effective from its adoption and so long as any
part of the ordinance entitled AN ORDINANCE REGULATING THE BUSINESS OF
MASSAGE AND MASSAGE PARLORS adopted August 4, 1975, is held to be
invalid by any court of competent jurisdiction.
(b) Northing herein shall be construed to repeal the ordinance entitled
AN ORDINANCE REGULATING THE BUSINESS OF MASSAGE AND MASSAGE PARLORS adopted
August 4, 1975, or to abandon any right to appeal from any determination
of invalidity of that ordinance by any court of competent jurisdiction.
That ordinance is expressly declared to remain in full force and effect.
(c) This ordinance shall be in full force
as the County or its officers are judicially
the ordinance adopted August 4, 1975.
and effect ogly for such time
restrained from enforcing
(d) Upon a judicial determination that the ordinance of August 4,
1975, is not invalid or a lifting of restraints against its enforcement,
this ordinance shall be void.
Commissioner Brock presented two
the Department of Transportation
addition of portions of SR 1121,
Department of Transportation.
resoltuions to the Board for
relating to abandonment and
as recommended by the State
Commissioner Brock made a motion to adopt both resolutions with
reference being made to SR 1121, Commissioner Cotton seconded
the motion and the issue carried.
Tom Allen, Tax Supervisor, appeared before the Board and gave
the report of his department. He had two refunds:
Mrs. J. A. Moss, Route 3, Lillington, NC, ULR Township
Refund for a 1973 Chev. for 1974 and 1975 that was charged by the
listtaker in error. 1974 value 2350, amount of tax $18.10
1975 value 2,000. amount of tax 21.00
TOTAL $39.10
Joyce P. Carter, Route 2, Angier, NC, Grove Township
Refund on 1974 Grove Fire District Tax (Not in fire district)
Amount of refund $5.50
One release: Martha Gilmore McCormick, ULR Township, released
under tax relief for the property of elderly persons with a
limited income. Tax release $46.55.
Commission Cotton moved to approve both refunds on the recommend-
ation of the Tax Supervisor and Commissioner Stewart seconded and
the issue carried.
Commissioner Cotton moved to honor the request for the exemption
release. Commissioner Brock seconded and the issue carried.
Earl Jones, Tax Collector, gave the report of his department
and his November plans.
Joe Lucas, Director Manpower Program, gave the report of his
department.
Commissioner Brock presented to the Board a letter from Mrs.
Helen Crews, Director of Social Services asking that the Board
of Commissioners designate Mrs. Crews to sign for the county,
contracts under Title XX having to do with Mental Health.
Commissioner Brock made a motion that Mrs. Crews be designated
to sign Title XX contracts for Harnett County since they are
generally associated with Social Services. Commissioner Cotton
seconded the motion and the issue carried.
County Manager Brock presented a gas report to the Board.
Chairman Bobby R. Etheridge presented a resolution entitled
"RESOLUTION ON TERMS OF OFFICES FOR BOARDS, COMMITTEES, COMMISSIONS,
AND AGENCIES ". The resolution was placed on the docket to be
brought up again at the mid -month meeting of November 17, 1975.
SOLUTION TO H. D.
ARSON, JR.
Chairman Etheridge presented a resolution on behalf of the Board
of Commissioners to H. D. Carson, Jr., Clerk to the Board and
County Auditor, commending him on his long -time interest in the
affairs of the county and for his dedicated implementation of th
fiscal policies that have resulted in a savings of funds for the
taxpayers of the county.
DJOURNED The meeting adjourned at 12: P. M.
Clerk to the ,I�odrd