09191994
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567
HARNETT COUNTY BOARD OF COMMISSIONERS REGULAR MEETING, SEPTEMBER 19, 1994
The Harnett County Board of Commissioners met in regular session on
Monday, September 19, 1994, in the Commissioners Meeting Room, County
Office building, Lillington, North Carolina.
I Members present: H. L. Sorrell, Jr. , Chairman
Beatrice Bailey Hill, Vice Chairman
Dan B. Andrews
Joseph T. Bowden
Walt Titchener
Staff present: Neil Emory, County Manager
Dwight W. Snow, County Attorney
Wm. A. (Tony) Wilder, Assistant County Manager
Vanessa W. Young, Finance Officer
Chairman Sorrell called the meeting to order at 7 p.m. and
Commissioner Hill offered the invocation.
Commissioner Titchener made a motion to approve the Agenda as
published. Commissioner Bowden seconded the motion and it passed with
a unanimous vote.
Upon motion by Commissioner Hill and seconded by Commissioner Andrews,
the Board unanimously approved the following items on the Consent
Agenda:
1. Minutes: Regular Meeting, September 6, 1994
Special Meeting, September 12, 1994
2. Budget Amendments:
Industrial Development
Code 10-7250-0260 Advertising 554. decrease
10-7250-0740 Capital Outlay 554. increase
I Personnel Department
Code 10-4250-0330 Materials & Supplies 286. increase
Revenue: lO-3990-0000 Fund Balance - Appropriated 286. increase
Cooperative Extension Service (Before & After School Proqram)
Code 10-7302-0110 Telephone/Utilities 1,000. increase
10-7302-0140 Travel 400. increase
lO-7302-0330 Materials & Supplies 4,lOO. increase
10-7302-0740 Capital Outlay 5,537. increase
Revenue: 10-3990-0000 Fund Balance - Appropriated 11,037. increase
Human Resources (JTPA)
Code 10-7400-0030 Salaries & Wages Part-time 2,741. increase
10-7400-0330 Materials & Supplies 612. increase
10-7400-0020 Salaries & Wages 2,741. decrease
10-7400-0380 Syp 612. decrease
10-7400-0030 Salaries & Wages 6l,743. decrease
10-7400-0050 FICA Tax Expense 4,723. decrease
10-7400-0110 Telephone & Postage 39. decrease
10-7400-0130 Utilities 38. decrease
10-7400-0140 Travel & Meetings 21. decrease
10-7400-0160 Maintenance & Repair Equip. 53. decrease
10-7400-0260 Advertising 445. decrease
10-7400-0330 Materials & Supplies 848. decrease
10-7400-0380 Syp 4,190. decrease
Revenue: 10-3480-0600 Revenue 72,100. decrease
Public Utilities (Northeast Metro)
Code 32-9001-0160 Maintenance 670. increase
32-9001-0740 Capital Outlay-Equipment 670. decrease
I Governinq Bodv
Code 10-4100-1060 Strategic Plan 15,000. increase
10-8800-1600 Contingency 15,000. decrease
3. Subdivision Plats: Deer Run
Overview Estates, Phase II
A. Bryan Perry
4. Resolution declaring additional items surplus for sale
(Attachment 1)
5. Project Ordinance for Animal Shelter project (Attachment 2)
6. Tax Refunds (Attachment 3)
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568
BRIEFING ON THOROUGHFARE Leta Huntsinger, Transportation Engineer, N. C. Department of
PLAN Transportation, briefed the Board on proposed Harnett County
Thoroughfare Plan and stated that there will be a drop-in session for
public review on October 19, 1994, from 3 to 6:30 p.m. at the Harnett
County Office Building. The proposed Plan will be presented for
consideration by the Board of Commissioners at their October 17th
meeting.
INFORMAL COMMENTS I~fc:>rmal comments were presented to the Board from the following I
cltlzens:
1. Larry Walker, Lillington, supports prayer in school.
2. Charles Meeks, Spring Lake, concerned about a tobacco barn
leaning toward Ray Road about one mile f~om Hwy. 210.
3. Bernard Young, Angier, wants to be treated fairly.
4. Mary B. Johnson, Buies Creek, supports p~ayer in school.
5. Carletta Cagle, Cameron, supports prayer in school.
6. Cherie Parker, Coats, supports prayer in school.
7. John Peregoy, Dunn, supports prayer in school.
8. Curry Parker, supports prayer in school.
9. C. A. Adams, Buies Creek, supports prayer in school.
10. Ted McKinney, Angier, supports prayer in school.
11. Wesley Hamilton, Erwin, supports prayer in school.
12. David Luthey, Angier, supports prayer in school.
RECOGNITION OF REX, The Board adopted and presented a resolution recognizing the Sheriff's
K-g UNIT Department K-9 unit. (Attachment 4) Sheriff Larry Knott briefed the
, Board on accomplishments of Rex (the dog) so far this year. Thus far
in 1994, Rex has run 18 tracks, searched 46 schools, had 57 drug
searches, 202 hours assisting the Narcotic Unit on street crime
enforcement, 40 hours of use on interstate and streets doing drug
searches, and assisted 18 other agencies in other counties and towns
who do not have a dog. Rex has had 3 criminal apprehensions by
himself and held them until his handler got there. He has been used 7
times for handler protection at melees, robberies, and at disorderly
conduct crowds. Rex has conducted 4 building searches. He has
attended 108 hours training, 59 hours grooming, and had 10 off duty
call-outs. Rex is 41 years old, initially had 14 weeks training and
continues to have 2 days inservice training a montil. His awards I
i~clude Top Dog in the Southeastern United States in his division.
FUNDING TO ASSIST TOWN Tony Wilder, Assistant County Manager, presented a request from the
OF ERWIN RECYCLING CENTER Town of Erwin for assistance in maintaining the recycling center
located in Erwin. Commissioner Bowden moved that the Assistant County
Manager be authorized to negotiate with the Town of Erwin for the
amount of funding support up to the sum ($450) paid to the City of
Dunn, taking into consideration the volume of recyclable material.
Commissioner Titchener seconded the motion and it passed with a
unanimous vote. (E<<~t\ve QAtcblty I, Iqqlf) ~
Neil Emory, County Manager, presented a proposed resolution regarding
RESOLUTION RE: SOUTH South Regional Water Distribution Improvements. Commissioner
REGIONAL WATER DISTRIBUTION Ti tchener moved for adoption of the resolution. Commissioner Hill
IMPROVEMENTS seconded the motion and it passed with a unanimous vote. (Attachment
5-)
STANDING COMMITTEE - Neil Emory, County Manager! briefed the Board on requirement for
FORT BRAGG/POPE AFB ~t.anding appointments to thrae committees (the Plc.nning Committee, the
REGIONAL LAND USE Congressional Committee, and the North Carolina Governmental
Committee) which meet on a regular basis to develc) recommendations
~0r the Fort gragg/Pope AFB Regional Land Use Advisory Commission.
CJmmissioner Andrews moved that Joseph Bowden, Neil Emory, and George
~~ckson be appointed to serve on these committees. Commissioner
SJrrell seconded the motion and it passed with a ~nanimous vote.
TAX PENALTY RELEASE l\eil Emory, County Manager, presented a request from Time Warner
TINE WARNER ENTERTAINMENT Entertainment Company for waiver of the tax penalty accrued for
COMPANY property which was not listed for taxes in Harnett County. The
property was listed by mistake in Cumberland county, where the taxes
have been paid. Amount of the total penalty is $4,125.85. I
Commissioner Andrews moved to approve waiver of the tax penalty.
Commissioner Hill seconded the motion and it passed with a unanimous
vote.
RULES OF PROCEDURE FOR Commissioner Ti tchener moved for adoption of the Rules of Procedure
HCBC for the Board of County Commissioners of Harnett County.
Commissioner Bowden seconded the motion and it passed with a unanimous
vote. (Attachment 6)
Neil Emory, County Manager, presented for the Boar~'s consideration a
RESOLUTION SUPPORTING proposed resolution supporting return of prayer iJ :;mblic schools.
RETURN OF PRAYER IN Commissioner Bowden moved that the resolution be c .~opted by
PUBLIC SCHOOLS
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S69
acclamation. Commissioner Hill seconded the motion and it passed with
a unanimous vote. (Attachment 7)
~he following items were discussed in the County Manager's report:
1. The state has yet to issue a permit for a demolition waste
site at Anderson Creek landfill. However, the County will
be allowed to stockpile demolition waste until a permit is
I issued. If a permit is not issued the stockpiled waste will
be transferred to the Dunn-Erwin landfill.
2. Correspondence has been received from NACo concerning two
house bills regarding waste flow.
3. Henry Johnson recently retired from the County as Emergency
Management Director. Staff has met with fire personnel and
will meet with law enforcement and rescue personnel for input
on how to provide emergency management services in the
future. A recommendation will be brought to the Board.
4. At a recent Board meeting citizens expressed their concerns
regarding a new sand pit operating in their area. The
County Planning Department sent a letter to the State
requesting a public hearing when applications for mining in
Harnett County are received.
Neil Emory, County Manager, requested authorization to remove a pickup
from the surplus sale list to be used by the Planning Department if
~he vehicle can be repaired for $500 or less. Commissioner Bowden
noved to approve the request if the vehicle is found to be suitable
for the Planning Department's use. Commissioner Andrews seconded the
notion and it passed with a unanimous vote.
The following reports were filed with the Board: Health Department,
Tax Releases, and Intradepartmental Budget Amendments (Attachment 8).
Commissioner Hill moved that the Board go into executive session to
discuss personnel and legal matters. Commissioner Bowden seconded the
motion and it passed with a unanimous vote.
Commissioner Hill moved that the Board come out of executive session.
Commissioner Bowden seconded the motion and it passed with a unanimous
I vote.
CHANGE IN POSITION Commissioner Bowden moved for approval of changes in position titles
TITLES IN DEPT. OF in the Department of Human Resources and Solid Waste Department as
HUMAN RESOURCES AND listed below. Commissioner Hill seconded the motion and it passed
SOLID WASTE DEPT. with a unanimous vote.
Department of Human Resources: from current Crew Leader position to
. Intake/Assessment Counselor
Solid Waste Department: from current Weighmaster/Operator position to
Landfill Equipment Operator
There being no further business, the Harnett County Board of
Commissioners regular meeting, September 19, 1994, duly adjourned at
9:30 p.m.
;{ ( ~~Chairman
/ /
~~ ~n~L ~~~ard
Kay ~ ~~n~~rd4'~o~secrerary
I
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Attachment 1.
HARNE'l'T COUN'l'Y
NORTH CAROLINA
RESOLUTION
THAT WHEREAS, The property listed below has a value less than $10,000; and I
WhEREAS, G.S. 160A-266 and G.S. 160A-270 (b) permits the sale of personal proper
at pub':"ic auction upon expiration of ten days after publication of the resoluti
authorizing the sale.
NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS THA
A. The following described property be and it is hereby declared surpl
property; and
B. Neil A. Emory, County Manager, be and he is hereby authorized to sell t
following described property at public auction to be held on Saturda
October 8, 1994, at 9 a.m. at the Harnett County Garage Complex located
SR 2016, McNeill Street (Prison Camp Road) in Lillington, North Carolina.
l. File Cabinet - Green (2 )
2. Bookcase - Five Shelves (2 ) ,
..:3- Microfiche
.. 4. Calculator - Sharp (1 ) - Compet (1 )
5. Memo Scriber - Sanyo
6. Desk - Brown - Wood
7 . Labelle System w/Assorted Tapes
Duly adopted this the 19th day of September, 1994.
HARNETT COUNTY BOARD OF COMMISSIONERS
#1k4f r
w. L. SOirell'fT_an
A'l'TEST:
L, ,'{J.l. ~~
Vanessa W. Young, Cl rk the Board
I
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571
Attachment 2.
"
I CO..,.I,..l 01' JDUl.i......".
UDmL C...'.I.....~"OL SBBLTER
PROJBCT ORDZRUCB
BE IT ORDAINED by the Board of Commissioners of the County of
Harnett:
Section 1- WHEREAS the County of Harnett is planning the
construction of an Animal Control Shelter, and the site has been
determined; and
section 2. WHEREAS the site of the animal control shelter is
located on the Town of Lillington property near the Town's waste
treatment plant; and
Section 3. WHEREAS the construction of water and sewer lines
is required to service this area, McKim and Creed will design these
improvements. The plans for the building will be developed and
specifications and formal bids will be handled by Skinner, Lamm,
I Hood & Highsmith.
Section 4. The following amounts are hereby appropriated for
the Animal Control Shelter.
Construction $ 60,000
Professional Services 10,000
Section 5. It is estimated the following revenues will be
available for this project.
Transfer from Capital Project Fund $ 70,000
Duly adopted this 19th day of September, 1994.
By:H<f ~~girman
Harnett County ard of Commissioners
~T:
I ~ 'tJ. ~/
Vanessa W. YoungQ 0
Clerk to the Board
572
AttachI:lent 3.
Page No. 1 ..
09/12/94 C0U1,: . ...
AUGUST REFUNDS . Pnt~ -2~-/S____~
SEPTEMBER 19, 1994 ~---.... I
PARCEL NUMBER NAME REASON FOR REFUND REFUND AMT YEAR
------------------------ ------------------------. -------------------------------- ---------- ----
94-5142D4 Joyce Powell Puryear Turned in tags in August on 198~ 17.66 1994
Route 2 Box 300 Ford.
Lillington NC 27546 S2180 x .0070 = S15.26 Co Wide
S2180 x .0011 = 2.40 FB Fire
93-623909 Edgar Allen Royals Turned tags in on 1994 Ford 73.53 1994
Route 1 Box 153 after 7 months.
Erwin NC 28339 S5744 x .0070 = 140.21 Co Wide
S5744 x .0054 = 31.02 Erwin
S5744 x .0004 = 2.30 City Fire
93-590410 Harjinger Singh Bagri Turned tags in on 1990 Acura 64.98 1994
Route 1 Box 1 after 8 months.
.. Erwin NC 28339 S5036 x .0070 = S35.26 Co Wide
S5036 x .0054 = 27.20 Erwin
S5036 x .0005 = 2.52 City Fi
93-630337 Donald Wade Turlington Tags turned in after 9 months in 48.13 1994
Deborah Ennis Turlington use on 1989 Chev.
Route 1 Box 198A S5730 x .0070 = 140.11 Co Wide
Coats NC 27521 S5730 x .0008 = 4.58 Grove Fi
S5730 x .0006 = 3.44 Grv Res
94-513743 Thomas F " t.argaret L Norris Turned in tags on 1986 Nissan 14.78 1994
Route 3 Sox 71 Truck after four months.
Dunn NC 28334 S1834 x .0070 = S12.84 Co Wide I
S1834 x .0004 = .74 Ave Fire
S1834 x .00045= .83 Ave Res
S1834 x .0002 = .37 Ave Sch
93-602334 David Lee and Annie K Heinzman Turned in tags on 1985 Cadillac 20.57 1993
Route 1 Box 9B after 8 months.
Erwin NC 28339 S1594 x .0070 = S11.16 Co Wide
S1594 x .0059 = 9.41 Erwin Ci
93-625211 Jancey Matthews Cox Used tags on 1989 Chevrolet for 20.52 1993
Route 1 Box 2A 6 months before turning them in.
Erwin NC 28339 S2735 x .0070 = S19.15 Co Wide
S2735 x .0005 = 1.37 Erw Fire
93-523236 Cherye Wynn Poole Vehicle was double listed. 54.54 1993
Route 2 Box 175 S See bill 93-530887.
Angier NC 27501 16570 X .0070 = 145.99 Co Wide
16570 x .0008 = 5.26 BR Fire
16570 x .0005 = 3.29 BR Resc
... Total...
314.71
I
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573
Attachment 4.
NORTH CAROLINA
HARNETT COUNTY
RESOLUTION
I THAT, WHEREAS, ever increasing crime rates and the
problems associated with substance abuse are of concern to
the citizens of Harnett County; and
WHEREAS, one of the major responsibilities of County
Government is to protect its citizens through a strong and
innovative law enforcement program; and
WHEREAS, the Harnett County Sheriff's Department K-9
Unit has proven itself as a deterrent to crime through the
efforts of Rex and Officer Brian Lischin, his handler.
NOW THEREFORE, BE IT RESOLVED that the Harnett County
Board of Commissioners does hereby commend Rex and Officer
Lischin for Rex's achievements in making Harnett County a
safer place for the citizens of our County.
" Duly adopted this 19th day of September, 1994.
HARNETT COUNTY BOARD OF COMMISSIONERS
;/f
/~ ~i~~':: Chairman
I Beatrice Hill, Vice Chairman Joseph T. Bowden
Walt Titchener Dan B. Andrews
Attachment 5.
NORTH CAROLINA, RESOLUTION
HARNETT COUNTY.
WHEREAS, the North Carolina Clean Water Revolving Loan
and Grant Act of 1987 and the Education, Clean Water, and
Parks Bond Act of 1993 have authorized the making of loans
and grants to aid eligible units of government in financing
the cost of construction of wastewater treatment works,
wastewater collection system, and water supply systems,
water conservation projects; and
WHEREAS, the COUNTY OF HARNETT, NORTH CAROLINA, has
need for and intends to construct a water distribution line
project described as a regional 20" water line along Highway
27 to the southern portion of the County to serve the
I Southwest and south Central Water & Sewer District water
customers; and
WHEREAS, the COUNTY OF HARNETT, NORTH CAROLINA, intends
to request State loan assistance for the project.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA:
That COUNTY OF HARNETT, NORTH CAROLINA, will arrange
financing for all remaining costs of the project, if
approved for a State loan award.
That COUNTY OF HARNETT, NORTH CAROLINA, will adopt and
place into effect on or before completion of the project a
schedule of fees and charges which will provide adequate
funds for proper operation, maintenance, and adninistration
of the system.
574
That the governing body of COUNTY OF HARNETT, NORTH
" CAROLINA, agrees to include in the loan agreement a
provision authorizing the State Treasurer, upon failure of
COUNTY OF HARNETT, NORTH CAROLINA, to make scheduled
repayment of the loan, to withhold from COUNTY OF HARNETT,
NORTH CAROLINA, any State funds that would otherwise be
distributed to the local government unit in an amount
sufficient to pay all sums then due and payable to the State
as a repayment of the loan.
That COUNTY OF HARNETT, NORTH CAROLINA, will provide
for efficient operation and maintenance of the project on I
completion of construction thereof.
That H. L. Sorrell, Jr., Chairman, and successors so
titled, is hereby authorized to execute and file an
application on behalf of COUNTY OF HARNETT, NORTH CAROLINA,
with the State of North Carolina for a loan to aid in the
construction of the project described above.
That H. L. Sorrell, Jr., Chairman, and successors so
titled, is hereby authorized and directed to furnish such
information as the appropriate State agency may request in
connection with such application or the project; to make the
assurances as contained above; and to execute such other
gocuments as may be required in connection with the
application.
That COUNTY OF HARNETT, NORTH CAROLINA, has
substantially complied or will substantially comply with all
Federal, State, and local laws, rules, regulations, and
ordinances applicable to the project and to Federal and
~ State grants and loans pertaining thereto.
The foregoing Resolution was passed upon motion by
Commissioner Titchener and seconded by Hill .
Duly adopted this the 19th day of September, 1994, at a
regular meeting of the Board of Commissioners of the COUNTY
OF HARNETT in Lillington, North Carolina.
HARNETT COUNTY BOARD OF COMMISSIONERS
) 'j
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/ ~. - L/. ~orreil,':"Jr., Chairman I
ATTEST:
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.. Vanessa W. '{Pung ,OClerk
Attachment 6.
RULES OF PROCEDURE FOR THE
BOARD OF COL..~....l COMMISSIONERS OF
HARNETT COUNTY, NORTH CAROLINA
I. APPLICABILITY
Rule 1. ~licabilitv of Rules.
These :":.lles apply to all meetings of the Board of Commi~sioners of Harnett
County ~~ which the Board is empowered to exercise any of the executive,
quasi-~~dicial, administrative, or legislative powers conferred on it by
law.
II. OPEN MEETINGS
Rule 2. Meetinqs to Be Open. I
The public policy of North Carolina and of Harnett County is that the
hearings, deliberations, and actions of this Board and its committees be
conducted openly.
Rule 3. Closed Sessions.
(a) It is the policy of Harnett County that closed sessions shall be held
only when required to permit the Board of Commissioners to act in the
public interest as permitted in this section. The list includes:
1. To prevent the disclosure of information that is privileged or
confidential pursuant to the law of this state or of the United
States, or not considered a public record withi~ the meaning of
Chapter 132 of the General Statutes (The Public Records Law).
2. To prevent the premature disclosure of an honorary degree,
scholarship, prize, or similar award.
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575
3. To consult with an attorney employed or retained by the Board
in order to preserve the attorney-client privilege between
the attorney and the Board, which privilege is hereby
acknowledged. This subdivision prohibits discussion of "general
policy matters" in closed session and declares that it shall not
be construed to permit a public body to close a meeting that
otherwise would be open merely because an attorney employed or
retained by the Board is a participant. The subdivision permits
I the Board to consider and give instructions to an attorney
concerning the handling or settlement of a claim, judicial
action, or administrative procedure, with terms of any
settlement to be made public within a reasonable time.
4. To discuss matters relating to the location or expansion of
industries or other businesses in the area served by the Board.
5. To establish, or to instruct the Board's staff or negotiating
agents concerning the position to be taken by or on behalf of the
Board in negotiating (i) the price and other material terms of a
contract or proposed contract for the acquisition of real property
by purchase, option, exchange, or lease; or (ii) the amount of
compensation and other material terms of an employment contract
or proposed employment contract.
6. To consider the qualifications, competence, performance,
character, fitness, conditions of appointment, or conditions
of initial employment of an individual public officer or
employee or prospective public officer or employee; or to
hear or investigate a complaint, charge, or grievance by or
against an individual public officer or employee. This
subdivision prohibits discussion of "general personnel policy
issues" or considerations of the qualifications, competence,
performance, character, fitness, appointment, or removal of a
member of the Board or another body or consideration of (or
filling of) a vacancy among its own membership in closed
session.
7. To plan, conduct, or hear reports concerning investigations
of alleged criminal misconduct.
(b) The Board may go into closed session only upon motion made and adopted
at an open meeting. The motion shall state the permitted purpose of the
closed session and if the closed session is to consult with an attorney in
I order to preserve the attorney-client privilege, the motion must identify
the parties in each existing lawsuit which the Board expects to receive
advice during the closed session. The motion must be approved by a
majority of those Board members present and voting.
(c) Minutes shall be kept of all closed sessions of the Board, but may be
withheld from public inspection so long as public inspection would
frustrate the purpose of the closed session.
~d) The County Manager, Assistant County Manager, and the County Attorney
~, ~ (p ...-'i" shall attend the closed session, unless expressly excluded in the motion.
~ ~ Other persons shall not attend the closed session unless expressly included
in the motion or otherwise called into the session.
III. ORGANIZATION OF THE BOARD
Rule 4. Orqanizational Meetinq.
On the first Monday of December following a general election in which
County officers are elected, the Board shall meet at the regular meeting
time and place. The order of business shall be:
(a) The Board shall approve the minutes of its prior meeting and other
items of business.
(b) The newly elected members of the Board shall take and subscribe the
oath of office.
(c) With the Clerk to the Board presiding, the Board shall elect a
Chairman and a Vice Chairman from its members.
I Rule 5. Election of Chairman.
The Chairman and Vice Chairman of the Board shall be elected annually for a
term of one year and shall not be removed from the office of Chairman or
Vice Chairman unless he/she becomes disqualified to serve as a Board
member.
IV. REGULAR AND SPECIAL MEETINGS
Rule 6. Reqular and Special Meetinqs.
(a) Regular Meetings: The Board shall hold regular meetings as follows:
First Monday of each Month at 9:00 AM
Third Monday of each Month at 7:00 PM
576
If a regula= meeting day is a holiday on which county offices are closed,
the meeting shall be held on the next business day or such succeeding day
as may be s:;:;ecified in the motion adjourning the immediately preceding
regular mee":.ing. Regular meetings are held in the County Office Building.
The Board may change or cancel the place or time of a particular regular
meeting or of all regular meetings within a specified period by resolution
adopted, posted, and noticed at least seven days before the change takes
effect. Such a resolution shall be filed with the Clerk to the Board and
posted at or near the regular meeting place, and copies shall be sent to I
all persons who have requested notice of special meetings of the Board.
(b) Special Meetings. The Chairman or a majority of board members may at
any time call a special meeting of the Board by signing a notice stating
the time and place of the meeting and the subjects to be considered. The
Clerk shall cause the notice to be posted on the bulletin board in the
courthouse, on the door of the meeting room, and delivered to the Chairman
and all other Board members or left at the dwelling place of each Board
member at least 48 hours before the meeting. In addition, the notice shall
be mailed or delivered to individual persons and news organizations who
have requested such notice as provided in subsection (e) below. Only items
of business specified in the notice may be transacted at a special meeting.
(c) Emer~s~cy Meetings. The Chairman or a majority of members may call an
emergency ~~eting to deal with an unexpected circumstance requiring
immediate cJnsideration. The person or persons calling the emergency
meeting sta:l cause notice of the meeting to be given to the other Board
members anG the public. Local news organizations, having requested notice
of special meetings as provided in subsection (e) , below, shall be notified
of such emergency meetings by the same method used to notify Board members.
Only business connected with the emergency may be discussed at the meeting.
(d) Work Sessions, Retreats, and Committee Meetings. The Board may
schedule work sessions, retreats, forums, conventions, association and
committee meetings, or other informal meetings of the board or of a
majority of its members at such times and concerning such subjects as may
be established by resolution or order of the Board. A schedule of such
meetings held regularly shall be filed in the same place and manner as the
schedule of regular meetings. Work sessions and other informal official
meetings not held regularly are subject to the same notice requirements as I
special Board meetings.
(e) Sunshine List. Any individual and/or newspaper, radio station, and
television station desiring notice of all special meetings of the Board
shall file a written request with the Clerk to the Board of Commissioners.
Rule 7. All Meetinqs Within the County
(a) All ffieetings shall be held within the boundaries of Harnett County,
except as c~herwise provided by statute or herein.
(b) A joint meeting with the Governing Board of any other political
subdivision of this or any other state may be held within the boundaries of
either subdivision as may be specified in the call of the meeting. At any
such joint meeting, this Board reserves the right to vote separately on all
matters coming before the joint meeting.
(c) A special meeting between the Board of Commissioners and its local
legislative delegation during a session of the General Assembly; provided,
however, that at any such meeting the members of the Board of Commissioners
may not vote upon or otherwise transact public business except with regard
to matters directly relating to legislation proposed to or pending before
the General Assembly.
(d) A special meeting called in connection with a retreat, forum, or
similar gathering may be held solely for the purpose of providing members
of the Board with general information relating to the performance of their
public dut.:.as; provided, however, that the members of the Board shall not
vote upon ..or otherwise transact public business while in a~tendance at
such a ga~~ering.
(e) While in attendance at a convention, association meeting, or similar I
gathering, a special meeting may be held; provided, however, that any such
meeting may be held solely to discuss or deliberate on the Board's position
concerning similar issues that are not legally binding upon the Board of
Commissioners or its constituents.
Rule 8. Broadcastinq and Recordinq of Meetinqs
(a) Except as provided in this rule, any radio or television station may
broadcast all or any part of an official Board meeting required to be open
to the public. Any person may photograph, film, tape-record, or otherwise
reproduce any part of a meeting required to be open.
~--;: -. ' 'i:';J;-~-;-!'-::;:~;'-..",,-:-~--- ""-,.. ------------- -. --~---,-~
---,. 577
(b) Any radio or television station wishing to broadcast any portion of an
official Board meeting shall so notify the County Manager no later than 2
business days before the meeting. If the number of requests or the
quantity and size of the necessary equipment is such that the meeting
cannot be accommodated in the designated meeting room and no suitable
alternative site is available, the County Manager may require the news
media to either pool equipment and personnel or to secure and pay the costs
of an alternative meeting site mutually agreeable to the Board and the
I media representative.
V. AGENDA
Rule 9. Aqenda.
(a) The County Manager shall prepare the agenda for each regular, special,
and emergency meeting. A request to have an item of business placed on the
agenda for a regular meeting must be received by Monday noon of the week
preceding the regular meeting day. Any Board member may, by a timely
request, have an item placed on the agenda. A request to place an item on
the agenda from other than a Board member shall be at the discretion of the
County Manager and Chairman of the Board.
(b) The agenda packet shall include the agenda document, any proposed
ordinances or amendments to ordinances, and supporting documentation and
background information relevant to items on the agenda. A copy of the
agenda packet shall be available to each Board member not later than
Wednesday of the week preceding the regular meeting day.
(c) The Board may, by unanimous vote of the members present, add or
delete an agenda item.
(d) The agenda shall be published in a newspaper of general circulation
prior to the day of the scheduled regular meeting.
(e) The County Manager may propose a consent agenda as part of the main
agenda. The consent agenda shall contain those routine items of business
that do not normally involve debate. The Board may approve all items on
the consent agenda by adopting one ( 1 ) motion. The Board may transfer an
item from the consent agenda to the main agenda upon a majority vote of the
members present and voting. A motion to transfer should normally be made
I at the beginning of the meeting. The consent agenda may include, but is
not limited to, the following routine items of business:
1. Approval of minutes from the prior meeting.
2. Budget amendments/revisions.
3 . Disposition of surplus personal property to other governmental
agencies.
4. Granting to North Carolina Department of Transportation road
right-of-way easements on County property.
5 . Resolutions of appreciation, support, and recognition.
6. Resolutions requesting road additions to the state highway secondary
road system.
7. Tax releases, tax refunds.
VI. CONDUCT OF DEBATE
Rule 10. Powers of the Chairman.
The Chairman shall preside at all Board meetings. In the absence of the
Chairman, the Vice Chairman shall preside at Board Meetings. If the Vice
Chairman is absent, members present may appoint someone to Chair the
meetings. To address the Board, a member must be recognized by the
Chairman. The Chairman shall have the following powers:
(a) To rule on points of parliamentary procedure, including the right to
rule out of order any motion offered for patently obstructive or dilatory
purposes;
(b) To determine whether a speaker has gone beyond reasonable standards of
courtesy in his or her.remarks and to entertain and rule on objections from
other members on this ground;
I (c) To call a brief recess at any time;
(d) To adjourn in an emergency.
Rule 11. Action by the Board.
The Board shall proceed by motion. Any member, including the Chairman, may
make a motion.
Rule 12. Second Required.
A motion shall require a second. A motion shall be ruled dead by the
Chairman if a second is not received within a reasonable period of time.
Rule 13. One Motion at a Time.
A member may make only one motion at a time.
578 Rule 14. Substantive Motion.
A substantive motion is out of order while another substantive motion
dealing with another subject matter is pending.
Rule 15. Substitute Motion.
A substitute motion (an amendment) dealing with the same subject matter as
the original substitute motion is in order and shall be acted upon prior to
action on the original motion.
Rule 16. Debate. I
The Chairman shall state the motion and then open the floor to debate.
Rule 17. Adoption bv Ma;oritv Vote.
A motion shall be adopted if approved by a majority of the votes cast,
unless otherwise required by these rules or North Carolina laws.
Rule 18. Procedural Motions.
(a) In addition to substantive proposals, the procedural motions listed in
subsectio:l (b) of this rule, and no others shall be in or~er. Unless
otherwise noted, each motion is debatable, may be amended, and requires a
majority -.ote for adoption.
(b) In oLder of priority, the procedural motions are:
To adjourn, the motion may be made only at the conclusion of action on a
pending matter; it may not interrupt deliberation of a pending matter.
To recess.
To Call to Follow the Agenda. The motion must be made at the first
reasonable opportunity or it is waived.
To Suspend the Rules. The motion requires a two-thirds (2/3) vote of the
members present.
To Divide a Complex Motion and Consider It By Paragraph.
To Defer Consideration. A substantive motion whose consideration has been I
deferred expires unless a motion to revive consideration is adopted within
one hundred (100) days after deferral.
To Postpone to a Certain Time or Day.
To Refer ~o Committee. Sixty (60) days after a motion has been referred to
committee, the introducer may compel consideration of the measure by the
entire Board, regardless of whether the committee has reported the matter
back to the board.
To Amend. An amendment to a motion must be germane to the subject of the
main motion, but it may not achieve the opposite effect of the main motion.
There may be only one amendment to the motion. A motion to amend shall
require a second. Any amendment to a proposed ordinance shall be reduced
to writing.
To Revive Consideration. The motion is in order at any time within one
hundred (100) days of a vote deferring consideration.
To Reconsider. The motion must be made at the same meeting where the
original vote was taken and by a member who voted with the prevailing side.
It cannot interrupt deliberation on a pending matter but is in order any
time before adjournment.
To Prevent Reconsideration for Six Months. The motion shall be in order
only immediately following the defeat of a substantive mot~on. It requires
a vote equal to a quorum and is valid for six (6) months 0:= until the next
regular e].ection of County Commissioners, whichever occurs first.
Rule 19. Renewal of Motion. I
A defeatec motion may not be renewed at the same meeting.
Rule 20. Withdrawal of Motion.
A motion may be withdrawn by the introducer any time before the Chairman
puts the motion to a vote.
Rule 21. Duty to Vote.
(a) It is the duty of each member to vote unless excused by a majority
vote according to law. The Board may excuse members from voting on matters
involving their own financial interest or official conduct. A member
wishing to be excused from voting shall so inform the Chairman, who shall
- -- - - - ~:---- ~
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579
take a vote of the remaining members. A member who fails to vote, not
having been excused, shall be recorded as voting in the affirmative.
(b) Tie Vote. The effect of a tie vote is that the motion did not carry.
Rule 22. Prohibition of Secret Votinq.
I No vote may be taken by secret ballot. The Clerk shall record the vote of
each member in the minutes.
Rule 23. Action by Reference.
The Board shall not deliberate, vote, or otherwise act on any matter by
reference to an agenda, or document number unless copies of the agenda or
documents being referenced are available for public inspection at the
meeting and are so worded that people at the meeting can understand what is
being discussed or acted on.
Rule 24. Introduction of Ordinances* Resolutions * and Orders.
A proposed ordinance shall be deemed introduced at the first meeting where
it is on the agenda, regardless of whether it is actually considered by the
Board, and its introduction shall be recorded in the Minutes.
Rule 25. Adoption * Amendment * or Repeal of Ordinances.
To be adopted at the meeting where it is first introduced, an ordinance or
an action with the effect of an ordinance, or any ordinance amending or
repealing an existing ordinance (except the budget ordinance, a bond order
or another ordinance requiring a public hearing before adoption) must be
approved by all members of the Board of Commissioners. If the proposed
measure is approved by a majority, but not by all the members of the Board,
or if the measure is not voted on at that meeting, it shall be considered
at the next regular meeting of the Board. If it then or at any time
thereafter within one hundred (100) days of its introductions receives a
majority of the votes cast, the measure is adopted.
Rule 26. Quorum.
I A majority of the Board membership shall constitute a quorum. The number
required for a quorum is not affected by vacancies. If a member has
withdrawn from a meeting without being excused by majority vote of the
remaining members, he/she shall be counted as present for the purposes of
determining whether a quorum is present. The Board may compel the
attendance of an absent member by ordering the Sheriff to take the member
into custody.
Rule 27. Public Hearinq Time Limits
(a) The time limits for speakers at zoning public hearings shall be ten
(10) minutes for the proponent and ten ( 10) minutes for the opponent; the
time may be apportioned among speakers for that side. The time limits for
speakers at other public hearings shall be three ( 3 ) minutes per speaker.
(b) The Board of Commissioners reserves the right to limit the length of
public hearings. After the Chairman announces the close of a public
hearing, no member of the public may address the issue to the Board.
(c) Persons desiring to speak at a public hearing must register with the
Clerk to the Board prior to the commencement of the meeting.
Rule 28. Quorum at Public Hearinq~.
A quorum of the Board must be present at all public hearings required by
law.
Rule 29. Minutes.
I Minutes shall be kept of all Board Meetings.
Rule 30. ~ointments.
The Board shall fill County Commissioner vacancies in accordance with G.S.
153A-27. The Board shall fill a Register of Deeds vacancy in accordance
with G.S. 161-5 and a Sheriff vacancy in accordance with G.S. 162-5. The
Board shall use the following procedure to make appointments to fill
vacancies in other Boards, Commissions, and Committees over which the Board
has power of appointment.
(a) Any U.S. .citizen who is a resident of Harnett County is eligible to
serv~ on appolnted Boards/Commissions/Committees of the County where such
appolntment is not prohibited by state statute.
(b) .AIl Boar~ members must maintain residence in Harnett County while
servlng on sald Board.
580
(c) All appointments will be made in accordance to the Statute or
Ordinance that created the Board/Commission/Committee.
(d) No citizen may serve more than two appointed positions simultaneously.
(e) No citizen may serve more than two consecutive terms on any
Board/Committee/Commission unless the term is 3 years or under. No member
of any Board/Committee/Commission may serve more than 6 consecutive years.
( f) If a person is appointed to fill someone's unexpired term and serves I
less than half of a full term, he/she is eligible to serve two full terms.
(g) If an appointee has unexcused absences which constitute more than 25%
of the Board meetings in any calendar year which he or she is required to
attend pursuant to his or her appointment, he or she is obligated to
resign. Excused absences are defined as absences caused by events beyond
one's control. If the individual refuses to resign, he or she may be
dismissed by action of the Board of County Commissioners subject to state
or local law. A calendar year is to be defined as a 12 month period
beginning on the date of appointment.
(h) Each County Commissioner will have available to him or her a binder
containing a list of all County Appointments, with the following data
provided:
1. Name of the board, commission, committee or authority
2. Brief on the functions
3. Statute or cause creating board, commission, committee or
authority
4. Number of members and terms of office
5. Current members and terms of office, including number of terms
served
6. Regular meeting day, time and location, if determined
( i ) Procedures for filling vacancies for appointed positions:
1. Notification of available appointments
A. A list of available positions stating terms of office,
requirements for office, and duties of positions will be
published in the newspapers of Harnett County thirty (30) days I
prior to the month of appointments being made. This procedure
will be carried out by the Clerk to the Board of County
Commissioners.
B. Thirty (30) days prior to the terms expiring, the Clerk to
the Board will mail a notice to each person who is eligible
for reappointment requesting information on his or her
interest in continuing to serve. If a resume is not on file,
one will be requested at this time. If an individual is not
eligible for reappointment, he or she will be notified and
given reason for being ineligible.
C. If, because of policy or otherwise, an individual is unable
to be reappointed, he or she will be sent a letter of
appreciation by the Chairman of the Board of Commissioners at
the expiration of his or her term thankin.g him or her for the
past services rendered.
2. Selection Process
A. Six ( 6 ) days prior to the date a vacancy occurs, all resumes
of applicants for a particular position will be given to the
County Manager. The Manager will check each for eligibility.
B. A list of all names submitted will be sent to all
Commissioners with those who are ineligible noted and the
reasons for ineligibility given.
C. The Clerk to the Board shall be given a copy of the
information to be placed on the agenda as the "Appointments"
for action at the next meeting of the County Board of I
Commissioners.
3. Notification of Appointment
A. The County Manager shall prepare a letter of notification
to the appointee and a copy of the affected board, notifying
each of the appointment. This letter will include a
congratulation statement, the time, date and place of the
first meeting he or she is to be sworn in, if this is
required.
B. The County Manager shall require the appointee to certify
that he or she has read and understands Rule 30. ~ppointments
-,---.-,--,-~~-~~- ~ 7" ~ .---,--..-~ ._, W'-' --"'-.''T'"
581
section of "Rules of Procedure for the Board of County
Commissioners of Harnett County, North Carolina". This
section states policy and procedures for appointments to any
County board, commission, committee, or authority. The County
Manager shall mail a self-addressed, stamped envelope for
the convenience of the appointee in returning the signed
affirmation of understanding.
4. Resumes
I C. All resumes received shall be retained for at least two ( 2 )
years. Resumes shall be kept on file for all active
appointees. All the above data shall be maintained as
confidential for County Board of Commissioners' use only.
Rule 31. Chanqes to Rules of Procedure.
The Board may change these rules of procedure upon a vote by two-thirds
(2/3) of the members of the Board. Changes shall be effective at the next
regular meeting.
These rules shall be effective on October 1, 1994.
Attachment 7.
..
NORTH CAROLINA
HARNETT COUNTY
RESOLUTION
URGING THAT PRAYER BE RETURNED TO THE PUBLIC SCHOOLS
I The Harnett County Board of Commissioners at the September 19,
1994 meeting, considered the following resolution:
WHEREAS, the Constitution of the United States article ( 1 ) states
"Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof..."; and
WHEREAS, our nation was founded on the freedom OF RELIGION and
was not founded on the freedom FROM RELIGION; and
WHEREAS, through time, court decisions and certain interest
groups have contributed to the deterioration of those religious
beliefs and ideals to the extent that prayer has been banned from the
pu~lic school system; and
WHEREAS, the Commissioners believe that reinstitution of prayer
in the public schools will move this nation toward those religious
ideals and beliefs upon which this nation was founded; and
WHEREAS, the Board of Commissioners urges all cities and counties
across this State to join in an effort to reinstate prayer in the
public schools by passing similar resolutions and uniting in a "grass
roots" movement for that purpose;
NOW THEREFORE, BE IT RESOLVED, that the Harnett County Board of
Commissioners strongly urges that prayer be returned to the public
school systems of this nation and invites all cities and counties
across this State to join in an effort to reinstate prayer in the
public schools by passing similar resolutions and uniting in a grass
roots movement for that purpose.
Duly adopted this 19th day of September, 1994 upon motion by
Commissioner Bowden , seconded by Commissioner Hill ,
and it passed with the following vote: Ayes 5 Noes 0 Absent 0
I HARNETT COUNTY BOARD OF COMMISSIONERS
fl ~1f
M. L. S6trell,t, ., Chairman
AT'.'.'EST:
I~ 'VI '--U /)~
Vanessa W. Young, Clerk
582
Attachment 8.
INTRA-DEPARTMENTAL BUDGET AMENDMENTS
FOR THE MONTH ENDING
August 31, 1994
DEPARTMENT INCREASE I
DATE ACCOUNT CODE DESCRIPTION (DECREASE)
07-20-94 Sheri%% Department
10-5120-0330 Materials & Supplies 224.
10-5120-0740 Capital Outlay (224)
08-05-94 Library
10-8100-0740 Capital Outlay 264.
10-8100-0500 Audio Visual Material (264)
08-10-94 Social Services
10-7700-0310 Gas, Oil, & Automotive 2,500.
10-7700-0131 Gas, Oil, Etc. (2,500)
08-10-94 Industrial Development
10-7250-0310 Gas, Oil, & Auto Supplies 1,500.
10-7250-0141 Car Allowance (1,500)
10-7250-0140 Travel (1,500>
10-3990-0000 Fund Balance (1 , 500 >
08-11-94 Sheri%%
10-3830-0333 Donations-Crime Prevo 1,000.
10-5100-0560 Crime Prevention 1,000.
08-18-94 Governmental Complex
74-9021-0200 Legal & Administration 50,000.
74-9021-0300 Technical Fees 150,000.
74-9021-0800 Contingency (200,000>
08-23-94 Veteran's
10-7200-0140 Travel & Meetings 200.
10-7200-0071 Supplemental Retirement (200)
I
I