01041971MINUTES OF REGULAR MONTHLY MEETING OF JANUARY 4, 1971
REGULAR MONTHLY
MEETING
CALL TO ORDER
The regular monthly meeting of the County Commissioners convened on
Monday, January 4, 1971 in the Commissioners Room, Courthouse, Lill -
ington, N. C. with the following present: Chairman M. H. Brock, Vice -
Chairman D. P. Ray, Jr., Board members W. J. Cotton, Jr., C. E. McLamb
and Gilbert Brown. Also present H. 0. Carson, Jr., Clerk to the Board
and Attorney Edward H. McCormick.
Chairman Brock called the meeting to order at 9:20 A. M. and offered th
morning prayer.
READING AND APPROVAL
OF MINUTES The minutes of the regular meeting of December 7, 1970 were read and
approved.
ORDER OF BUSINESS
ELECTRICAL INSPECTOR
Item 1.
Chairman Brock recommended that Roy Byrd, Bunnlevel, N. C. be appointed
as electrical inspector for Harnett County, and give consideration to
others showing interest.
ACTION: Commissioner Brown made a motion incorporating Chairman Brock'
recommendation to appoint Roy Byrd as electrical inspector for Harnett
County and give consideration to others showing interest. Commissioner
McLamb seconded the motion and it carried unanimously.
TAX COLLECTOR Item 2.
Mr. Earl Jones, Tax Collector made the report of his office.
ACCEPTANCE OF PORTRAIT
OF JUDGE TAYLOR
Item 3. At 10:00 A. M. the commissioners went to the courtroom to
accept the portrait of Judge Floyd H. Taylor, presented by his children
Chairman Brock accepted as follows:
"I accept this presentation in behalf of the Board of Commissioners and
for the people of Harnett County. We are aware that Judge Taylor serve
8 eight years as Clerk of the Court and 22 twenty -two years as Judge of
Recorders Court.
As Chairman of the Board of Commissioners, I hereby order that this
occasion be spread upon the face of the minutes so that he will remem-
bered forever, inasmuch as Judge Taylor served Harnett County with
honor and dignity. Furthermore, we are delighted to have this portrai
of Judge Taylor to hang upon the walls of our courts, to serve as a
visible reminder to those who view it of the faithfulness with which he
served this county.
I am filled with humbleness and I wish to express my gratitude to the
family for their presenting this portrait. We of Harnett County will
treat it as a memorial so that when we look upon it, we can sbe it as
a symbol of honor, dignity, faithful service and of justice for all peo
1'AX AND WELFARE LIEN
ATTORNEY
Item 4.
Upon returning to the Commissioners Room, Marshall Woodall, Tax and
Welfare Lien Attorney, presented the following report:
Collection on taxes:
Name Township
Hosea F. House Duke
Boyd Wilbur Brafford Barbecue
Wm.H.Truesdale,Jr.
Heirs Averasboro
Cornelius J.Barryman Barbecue
Alexander Elliott,Jr And. Crk.
Allen W. Holder Averasboro
J. Leon, Joe H. &
Hubert R.Godwin
Case No.
70CVD1108
70CVD1101
SD 3487
70CVD1106
70CVD1102
70CVD1104
Averasboro 70CVD1105
le."
Amt Collected Atty. foe
182.35 30.00
267.86 30.00
681.76
365.36
246.84
191.35
30.00
30.00
30.00
30.00
633.35 30.00
TOTALS 2,568.87 210.00
Mr. Woodall further informed the Board that Welions Candy Company, Frant
Candy Company and Meadors Candy Company are preparing to come from unde
bankruptcy and that the action taken thus far was our agreement to
stipulate and arrange for deferred payment for county taxes for the
years 1965 through 1969, consisting of a payment arrangement of $2,500
down and $500. monthly.
ACTION: Commissioner Cotton made amotion that the Board approve the
action taken to enter into this stipulation. Commissioner McLamb
seconded the motion and it carried unanimously.
463
The following is a copy of the stipulation:
UNITED STATES DISTRICT COURT )
SOUTHERN DISTRICT OF NEW YORK
IN THE MATTER OF THE APPLICATION)
OF STIPULATION FOR PAYMENT OF
WELLONS CANDY CO., INC. ) AD VALOREM TAXES DUE COUNTY
FRANTZ CANDIES, INC. OF HARNETT
MEADORS, INC )
et als
Debtors )
WHEREAS, the debtors herein, Wellons Candy Co., Inc.: Frantz Candies, Inc. and Meadors, Inc.
filed petitions proposing a plan of arrangement under Chaptr XI of the Act of Congress relating to
Bankruptcy on or about May 12, 1969 and
WHEREAS, the Count of Harnett has filed proofs of claims for ad valorem taxes as the record
herein will show, and that certain charges of interest as allowed by North Carolina law have accrued
since the filing of said claims and that taxes for the year 1969 have been levied subsequent to the
filing of said claimsbut which are within the arrangements as debts in an undetermined amount owing
at the time of filing of the petitions, all as shown following:
Wellons Candy Co., Inc. - Debtor
Tax Year Amount of tax Interest on Total of Interest Total due
levied Claim date claim submitted /since claim as of 12.31.70
1965 1358.50 292.08 1650.58 122.26 1772.84
1966 3469.78 539.66 4009.44 312.43 4321.87
1967 1325.69 127.69 1453.38 119.46 1572.84
1967 2609.39 247.89 2857.28 234.85 3092.13
1968 3691.18 130.85 3822.03 332.35 4154.38
1968 222.13 7.77 229.90 20.00 249.90
1969 5831.73 380.77 6212.50
Totals 14,022.61 1522.12 21,376.46
Frantz Candies, Inc. - Debtor
1966 3.07 .48 3.55 .27 3.82
1967 183.95 17.48 201.43 16.55 217.98
1968 163.75 .5.73 169.48 14.74 184.22
1969 2069.45 134.51 2203.96
374.46 166.07 2609.98
Meadors, Inc.
1969 569.80 37.04 606.84
And, Whereas, it is understood and agreed that the debtors, Wellons Candy Co., Inc. and Frantz
Candies, Inc., assume the liability for taxes for Meadors, Inc. as shown above.
Now therefore, it is hereby stipulated and agreed by and between the attorneyfor the debtors and
the County Tax and Welfare Lien Attorney and appropriately approved for the County of Harnett in
North Carolina, that the aforementioned claims, plus interest allowed under North Carolina law, plus
taxes levied since the filing of said claims, shall be allowed in full and shall be paid in accord-
ance with the terms hereinafter set forth:
1. Upon confirmation of the arrangement $2,500.00 shall be due and paid immediately by the debtor
2. Commencing one month after confirmation the said debtors shall pay $500.00 per month for a
period of 24 months for a total of $12,000.00.
3. The aforementioned initial and monthly payments shall be made directly to the Harnett County
Tax Collector, Lillington, North Carolina, 27546; it is agreed that the said debtors shal- make
payments as aforesaid without the necessity of a statement or bill being sent for any of said install-
ments
4. Within 30 days after the last payment becomes due and owing by the aforementioned debtors,
and provided that all payments heretofore agreed upon have been made, the parties to this stipulation
will endeavor to enter into an arrangement for payment of the balance of said tax amount then due
and owing together with interest which shall be earned as provided by North Carolina law. Notwithstand
ing any of the provisions heretofore or hereafter contained in this stipulation, it is understood and
agreed that if for any reason no agreement is fully and finally executed within 30 days after the
last payment is due and owing, the aforementioned balance due together with interest as aforesaid
shall become due and owing at, the end of such 30 days and shall then be paid in full with interest
as aforesaid.
5. The aforementioned initial and monthly payments shall be applied against tax accounts of
the particular debtors named as follows:
a. The complete tax obligation of the Meadors, Inc. shall be paid from the initial payment to
be made immediately upon confirmation of the arrangement.
b. The balance of said initial payment and the monthly payment to be made shall apply first to
principal and interest on taxes levied against personal property of debtors, Wellons Candy Company,
Inc. and Frantz Candies, Inc. and secondly applied to taxes levied on Real Estate listed by debtor,
Wellons Candy Company, Inc.; provided that all taxes levied against personal property shall be paid
from said payments under this stipulation before any payments are received and applied against taxex
levied on Real Estate; provided further that the payments under this stipulation shall satisfy the
taxes levied for earliest tax years first.
6. Time is of the essence in connection with the deferred payments and in the event of default
in making the deferred payments of County ad valorem taxes plus interest as provided by North
Carolina law, or in the event that the aforesaid debtors fail to pay the County ad valorem taxes
beginning with the year 1970 and subsequent years within the year in which said taxes are due as
provided by North Carolina law, or in the event of any other violation of the terms and conditions
set forth herein, the County of Harnett shall have the right to declare the remaining installments
due and payable, and such remaining balance may be collected by levy or by any other proceeding
authorized for the collection of said taxes by the laws of North Carolina.
7. All statutes of limitation on the collection of the aforesaid taxes plus statutory interest
thereon provided by North Carolina for yth the years and periods involved herein are suspended during
the pendency of this arrangement and for as long as any part of the aforementioned County ad valorem taxe .
plus statutory interest thereon remain unpaid and for one year thereafter.
8. In the event that additional outstanding County ad valorem taxes, penalties or interest which
are not covered by the proofs of claim already filed are determined to be due from the debtors, such add-
itional taxes, penalties or interest will be allowed and paid in full by the debtors immediately upon
notice thereof, except that the County of Harnett may in its discretion, permit such additional taxes,
penalties and interest to be paid in installments under conditions as it may prescribe; provided, that
the County of Harnett may release the debtors from paying any taxes which the County, in its discretion,
believes to be overstated for any reason.
9. The debtors hsdd shall have the right to make the deferred payments provided for hereunder befor
the due date for payment thereof, and in the event of prepayment, the interest shall accrue to the date
of suchprepayment as by North Carolina law provided.
10. For so long as any amount is owing under this agreement, the debtors mentioned shall not remove
any personal property now situate in the County of Harnett without first obtaining the written consent
of the Harnett County Tax Supervisor with the exception of property valued at a sum of not over $5,000.;
provided that this provision shall not apply to manufactured products for resale.
1 11. As long as County ad valorem taxes, plus statutory interest thereon provided for herein, or any
part thereof, remains unpaid, the debtors mentioned shall not subsequent to the date of confirmation of
a plan of arrangement, create any mortgages, liens or encumbrances upon, or pledge any of the properties
now owned by the debtors mentioned without first obtaining the written consent of the Harnett County Tax
Supervisor, nor shall any debtors mentioned sell or otherwise dispose of their assets other than in the
ordinary course of business without first obtaining the written consent of the Harnett County Tax Super-
visor. Notwithstanding anything to the contrary contained in this clause, the debtors areauthorized to
continue to assign their accounts receivable and to hypothecate and pledge any of their assets, provided
that this is done with a financing company or a lending instituion for the purpose of obtaining financing
to continue their business operations.
12. No payment shall be made to the unsecured creditors on account of their claims until the paymen
then due as herein provided on account of the County ad valorem taxes and interest due to the County of
Harnett have first been made.
13. The debtors mentioned shall not in their petitions for an order confirming the present or any
amended plan of arrangement in this proceeding seek a provision or order in any manner restraining the
County of Harnett from collecting the County ad valorem taxes, penalties and interest determined or to be
determined to be due from the debtors.
14. So long as any amount is owing under this agreement and in the event of breach of this stip-
ulation the said debtors agree that a lien for taxes as provided by North Carolina law may attach upon pe`--
sonalty owned by said debtors notwithstanding wheresoever situate.
15. As long as the Countyad valorem taxes, plus statutory interest thereonprovided for herein,
remain unpaid, no debtor shall declare or pay any dividends upon its stock, declare stock dividends or
make any other distribution on its stock, or purchase, redeem or otherwise acquire shares of its stock.
16. Except as hereinbefore provided, any amount paid or credited on account of County ad valorem
taxes plus statutory interest therein provided for herein shall be applied to the items of tax and intere t
in the matter determined inthe discretion of the Harnett County Tax Collector.
17. It is agreed that the procedures for collection of taxes under North Carolina law remain in fore
and that the position of tax liens heretofore existing remain in force in the event of breach of this
stipulation. 1
18. The provisions of this stipulation shall apply in this proceeding in lieu of the deposit other-
wise required under the provisions of Section 337(2) of the Bankruptcy Act, and in the event that the deb �-
ors have materially misrepresented any fact, or in the event that in the order of confirmation or any
other order entered into proceeding does not comply strictly with the terms of this stipulation, then the
terms of this stipulation shall be of no force or effect and the deposit provisions of Section 337(2) shaIYF1
not be weighed as to all debtors.
19. The provisions of this stipulation shall be deemed incorporated into and made a part of the pl
of arrangement to be confirmed and shall be incorporated by reference in the order of confirmation entere
in this proceeding
20. This stipulation is contingent upon:
(1) The taking effect as of the date hereof of the restrictions and prohibitions upon the debtor
as set forth herein and (2) the entry of an order of confirmation of aplan of arrangement which shall
incorporate the terms and provisions of this stipulation on or before the Thirty -first day of January,
1971. The County of Harnett reserves the right to withdraw its consent to this stipulation at any time
prior to the confirmation of a plan of arrangement.
This Twenty -third day of December, 1970.
This stipulation is approved and confirmed by:
This stipulation is approved and confirmed by:
This stipulation is approved and confirmed by:
By:
Attorney for the debtor
Tax and Welfare Lien Attorney
forithen.Coul¢ity+_of Harnett,
, North Carolina.
WELLONS CANDY CO. INC.
FRANTZ CANDIES, INC.
MEAI DORS, INC.
By:
By:
President of the debtors
COUNTY OF HARNETT
M. H. Brock, Chairman Harnett
County Board of Commissioners
Edward H. McCormick, Attorney
for County of Harnett
__. _... ._ ____- e- °ce ti-i g -- - 4anuai' ...4)1_19'
TAX AND WELFARE LIEN
ATTORNEY con't Mr. Woodall recommended that the county sell a lot in Averasboro
Township, known as Dix -c Motors lot, 100 x 150 in size.
Dic.Vt..j
ACTION: Commissioner Cotton made a motion to allow this property to
be put up for sale and that Mr. Woodall be given authority to arrange
a sale of the lot, according to the Statutes relative to the sale of
�. county property at public auction.
COUNTY ATTORNEY
RES. FIRE MARSHALL Item 5.
FIRE MARSHAL
FIRE CODES
County Attorney, Ed McCormick, presented the following resolution to
the Board:
Resolution of the
Board of'Commissioners
of Harnett County
THAT WHEREAS, there are several fire protection units within
the County,
AND, WHEREAS, the Board desires to coordinate the activities
of all such units within its jurisdiction,
AND, WHEREAS, the Board desires to promote and enforce fire
prevention,
AND, WHEREAS, G. S. 153- 9(39a) enables the County to appoint a
Fire Marshal, assistants and employees and appropriate necessary
compensation and expenses incident thereto, for the purpose of coor-
dinating fire protection and fire prevention activities which are
within the jurisdiction of the Board of County Commissioners.
NOW THEREFORE, be it resolved that:
1. The positions of Fire Marshal and Assistant Fire Marshal are
hereby created for Harnett County as provided for in the 1959 session
Laws of North Carolina Chapter 290 and the 1969 Session Laws of North
Carolina Chapter 1064, Section 2 (codified in Section 153- 9(39z) of
the North Carolina General Statutes.
2. The duties of the Fire Marshal shall include all those pres-
cribed in N.C.G.S. 153- 9(39z) and such other and further duties as the
Board may from time to time prescribe.
3. The duties of the Assistant Fire Marshal shall be such duties
as are assigned by the Fire Marshal from time to time within the limit
set forth herein for the Fire Marshal.
4. Compensation and expenses incident to the creation of these
positions shall be as prescribed by the Board or as otherwise by law
provided.
5. That copies of this resolution be furnished by the Clerk to
the Fire Marshal and Assistant Fire Marshal and to all Fire Protection
Units within the jurisdiction of the Board.
Passed unanimously.
This 4th day of January 1971.
Harnett County Board of Commissioners
By /s/ M. H. Brock
M. H. Brock, Chairman
ACTION: Commissioner Cotton made a motion to adopt the foregoing
resolution from Attorney McCormick. Commissioner McLamb seconded the
motion and it carried, unanimously.
Upon a motion by Commissioner Ray and a second by Commissioner Brown,
Carl E. Lucas was appointed County Fire Marshal and Thomas Lanier was
appointed as Assistant County Fire Marshal.
Mr. Lucas expressed appreciation to the Board for the appointments mad
Item 6.
After an analysis of fire codes as presented by the County Attorney,
Commissioner Cotton made a move that Carl Lucas, Thomas Lanier, Comm-
issioner Ray and Attorney Ed McCormick compose a committee to prepare
a proposal in drawing up the fire codes most acceptable for the County
and adequate for the needs and acceptable by the Fire Rating Bureau.
ACTION: Commissioner MoLamb seconded the move and it carried unanimou
sly.
TAX SUPERVISOR
THOMAS ALLEN Item 7.
Thomas Allen, Tax Supervisor, appeared before the Board for Eagles
\CU. Viril Stores Company, Inc. at their request concerning personal property dis
covered for the years 1966- 1967 -1968- 1969 -1970. The Board requested
the Tax Supervisor to go back for the full amount of years stated
above and tax them according to the yearly tax rate applicable per yea
this done by motion made and a unanimous vote.
466
Minutes of January 4, 1971 continued.
TAX SUPERVISOR
THOMAS ALLEN CON't.
Mr. Allen further requested that Lloyd Stewart's name be added to ttie
list of list takers. Permission was granted by a motion by Comm-
issioner Ray and a second of Mr. McLamb. Vote was unanimously.
TAX LISTING ESTENSION
Item 8.
Commissioner Cotton moved to extend the listing time of personal an
real property taxes through the 15th of February, allowing the 16th
to be a day of grace, and impose a penalty on listings made after
February 16, for the year 1971.
ACTION: Commissioner McLamb seconded the motion and it carried.
RECESS Meeting recessed for lunch and reconvened at 1:00 P. M.
COUNTY AGENT
Item 9. For the information of the Board, Chairman Brock indicated
that Dr. W. G. Andrews had been appointed as Acting County Agent, u
such time as the Board could take action regarding this vacancy.
PERSONNEL RE_ CLASSIFICATION
WELFARE Item 10. The Board authorized a personnel reclassification for the
Social Services Department for Mrs. Pat McDonald by a motion by
Commissioner Brown and a second by Commissioner Cotton.
REVENUE SHARING
MEETING ATLANTA
Item 11. The Board agreed that it would be beneficial for the Coun
to be represented in Atlanta at the meeting to discuss revenue shar
Permission was granted to the members of the Board and to the Count
Attorney to attend this meeting.
MAPLE GROVE SCHOOL
REPAIRS The matter of gutters for the Maple Grove School was left to the
attention of Commissioners Ray & Brown, Gounds Committee.
OFFICE SPACE
PRO. OFFICER
LIBARY GRANT
Item 12.
Also the matter of providing office space for the probation officer
was left to the attention of Commissioners Ray and Brown.
Chairman Brock informed the Board that Mrs. Margaret Randall will
assume fulltime responsibilities as Chief Librarian of the County
Library and has been reclassified as a result of a personnel grant
from the State. To comply with said grant and changes, it will be
necessary to make an additional appropriation of $87.00 for the
fiscal year 1970 -71. Upon said information, Commissioner McLamb
made the motion seconded by Commissioner Cotton, that the budget fo
the library Board be amended in the amount of $87.00 for 1970 -71,
The foregoing changes, reclassification and amendments are effectiv
January 1, 1971.
RESOLUTION RE:
ENDORSEMENT OF SCENIC
VIEW Item 13.
Commissioner Ray made a motion to pass a resolution endorsing a
Scenic River View from Buckhorn down the lower edge of Raven Rock
Park. Upon a seoorid by Commissioner Cotton and a unanimous vote,
the following resolution was adopted:
€44-141W
(�N Ahi°EsoLk •
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it
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ng.
ADJOURNMENT The meeting adjourned at 1:55 P. M.
SPECIAL MEETING JANUARY 21, 1971.
RE: VACANCY OF CHAIRMAN IN AGRICULTURAL DEPARTMENT
A special meeting was called for Thursday, January 21, 1971 in the Commissioners Room,
Courthouse, Lillington, N. C. Meeting with Commissioners Brock, Ray, Cotton, Mclanb
and Brown was State Extension Director, Dr. W. G. Andrews and his assistant, Mr. J. E.
Foil.
The meeting was called to order at 9:50 A. M.
The purpose of the meeting was to discuss the vacancy of Chairman in the Agricultural
Department.
Dr. Andrews presented the "Memorandum of Understanding" to the Board, which was a list
of responsibilities and relationships between the North Carolina Agricultural Extensio
Service and the Board of County Commissioners. Dr. Andrews presented the "Memorandum
of Understanding Between the N. C. Agricultural Extension Service -North Carolina State
University and the Board of County Commissioners ". Upon a motion made by Commissioner
Cotton and seconded by Commissioner McLamb, the following agreement was adopted:
MEMORANDUM OF UNDERSTANDING between the N. C. Agricultural Extension Service - N. C.
State University and the Board of County Commissioners of Harnett County, N. C.
RESPONSIBILITIES AND RELATIONSHIPS
The North Carolina Agricultural Extension Service will:
1. Provide the State Proportionate Share of salaries for County Extension personnel.
The salaries of all workers will be determined jointly by the Agricultural Extension
Service and County Boards of Commissioners, and the proportionate share paid by the
State and by the County will be determined by the above two parties.
2. Provide funds for official travel necessary in the conduct of Extension work to t
extent that funds are available and for purposes authorized by State and Federal poli
3. Accept responsibility for: e
a. Establishing minimum requirements and qualifications for employement in
Extension work.
b. Receiving and examining applications for employment.
c. Interviewing and otherwise investigating applicants to determine their qualifi
cations and availability.
d. Recommending to the County Commissioners, for their consideration, qualified
applicants for appointment to vacant or new Extension positions.
4. Prepare and submit an annual budget request to the Board of County Commissioners
for the County's proportionate share of funds for the total operating budget.
5. Provide County Extension agents with official envelopes, bulletins, leaflets, and
other publications.
6. Accept responsibility and provide the leadership for administration and supervis-
ion of Extension programs and personnel, including compliance with the requirements
of the Civil Rights Act of 1964 applicable to the Cooperative Extnsion Service.
7. Provide a staff of specialists to continuously train agents in current tethnolag
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