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090914ssa Agenda Package9:00am 10:00 am 10:30 am 10:45 am 11:00 am 11:15 am Harnett County Board of Commissioners Special Session Tuesday, September 9, 2014 9:00am Energy Efficiency Discussion Legislative Goals EMS Discussion, Gary Pope Jerome Pope's request for Rail Trail Easement, Jennifer Slusser County Manager's Report Regular Meeting Agenda Review AssociATION OF CouNTY CoMMISSIONERS TO: Commissioners, County Managers, Clerks and Affiliate Organization Presidents FROM: DATE: July 1, 2014 RE: NCACC Legislative Goals Process It is time to begin the NCACC legislative goals development process for the 2015-16 biennium and we are inviting all counties to submit their legislative proposals to the Association. The NCACC goal setting process is open, inclusive and deliberative and is designed to give all 100 counties a voice in developing the Association's legislative agenda. Before each biennial session of the General Assembly counties submit their proposals to the Association and then commissioners from all across the state review, debate and ultimately approve a comprehensive goals package. When working on legislation that may impact counties, policy makers appreciate that all I 00 counties have had an opportunity to be involved in our process. A significant value of the Association is being able to speak with one voice representing all 100 counties. This process allows us to have that impact. Discussion by your Board of potential goals and receipt of your proposals is critical to the success of our process. Attached is a form for submittal of 2015-16 legislative goals proposals. When submitting your goals, please keep in mind the following: • Complete the accompanying goal proposal form. • Goals may be submitted in any of the following formats: a resolution approved by the Board of Commissioners, a letter from the Chairman of the Board on behalf of the entire board, or by letter from an affiliate organization. • Proposed goals received on or before September 19 will be referred to the appropriate steering committee for review and consideration. Included in this package is the 2014 NCACC Legislative Goals Handbook. This handbook includes information about rules, procedures and guidelines for the legislative goals adoption process. Please note the following schedule for your planning purposes: • Sept. 19,2014 • Sept.-Oct. • November • December • January 15-16,2015 Legislative goals development timeline Goals submission deadline Steering committees review goals Legislative Goals Committee meets Board of Directors reviews and finalizes recommendations Legislative Goals Conference, membership approval of goals If you have any questions, please do not hesitate to contact me or Johanna Reese, NCACC Director of Government Relations. 215 N. Dawson St., Raleigh, NC 27603 • Phone: (919) 715·2893 • Fax: (919) 733·1065 • www.ncacc.org 2015-16 biennium 100 Counties LEGISLATIVE GOALS PROPOSAL FORM All proposals due to NCACC by Sept. 19, 2014 One State Mail to: NCACC, Attn. Johanna Reese, 215 N. Dawson St., Raleigh, NC 27603; E-mail form and documentation to: ncacc@ncacc.org Fax to: (919) 733-1065 You may attach additional documentation that supports or explains the goal in further detail. Each form must be accompanied by at least one of the following: • An adopted resolution by the Board of Commissioners; • A letter from the Board Chairman on behalf of the Board; • A letter from the president of an affiliate organization; Name of county: Name and title of person submitting goal: Phone: ---------------------------------------- E-mail: ---------------------------------------- Goal title: -------------------------------------- Goal description (what is the problem being addressed?): County staff contact if other than submitter: Select Steering Committee(s) You may choose more than one _Agriculture Environment General Government Health & Human Services _Justice & Public Safety Public Education Tax & Finance You may also submit goals online-please visit http://www.ncacc.org/submitgoal AssociATION OF CouNTY CoMMISSIONERS LEGISLATIVE GOALS HANDBOOK FALL 2014 THIRD EDITION THE NCACC LEGISLATIVE GOALS PROCESS Mission Statement The Association's Legislative Goals process is thoughtful, deliberative, inclusive and fair. The investment of time and energy, and value of full discourse, strengthens our Association as we navigate the legislative currents. The process is designed to create an informed grassroots organization and to build a cohesiveness of purpose within the organization that, in turn, grants a degree of credibility to the Association that is unique. All counties and all county officials are invited and encouraged to participate in the Legislative Goals process. 3 CONTENTS This handbook is intended to offer the reader an overview and guidance about the rules and processes used to develop the legislative agenda of the North Carolina Association of County Commissioners. Information is presented in a format that tracks the chronological course of action for the goals adoption process. Page 6 Page 7 Page 8 Page 10 Page II Page 12 Page 14 Background & 2015-2016 Timeline Stage 1 -Seeking Goal Proposals Stage 2 -Steering Committee Review Stage 3 -Legislative Goals Committee Stage 4 -Board of Directors Consideration Stage 5 -Legislative Goals Conference Guidance Outside of Legislative Goals Process 5 Background and 2015-16 Timeline Every two years, in the months preceding a long session of the General Assembly, the North Carolina Association of County Commissioners engages in a process to determine the legislative goals it should seek in the best interest of the counties. The process is thorough, deliberative, and time intensive. It is designed to allow for input from as many county commissioners and other county officials as possible. By maximizing participation from so many of the organization's members, it is possible to reach agreement on goals that are important to all members ofthis diverse organization. The NCACC goals-setting process begins in July of each even-numbered year and consists of five stages. These stages are described in detail in this handbook. Below is the recommended time line for the 2015-16 legislative goals process: I Legislative Goals Process Timeline I jwhen II what I jJuly-September II Submission of county goal proposals I j September -October jj Steering committees review goals I !November 18, 19, 20 I Legislative Goals Committee reviews steering committee recommendations, approves package of goals for Board of Directors joecember I Board of Directors finalizes package to be presented to full membership jJanuary 15-16,2015 I Membership adopts goals at Legislative Goals Conference 6 Stage 1 -Seeking Proposed Goals (July-September) The Association's goals-setting process begins with an effort to elicit proposals that members think should be part of the county legislative "package" for the upcoming legislative biennium. Through CountyLines, e-mail communications and other means, the Association solicits proposals from county boards of commissioners. Suggested goals can be submitted via adopted resolutions from full boards, from the Board Chairmen via letter on behalf of the full boards, and from affiliate and related county organizations (which are groups of county officials/staff organized by function) via a letter from those organizations' presidents. Presently, the following organizations are included as Affiliate and Related organizations: Affiliates • Association ofNorth Carolina Boards of Health • Human Resources Directors' Association ofNorth Carolina Counties • N.C. Association of Assessing Officers • N.C. Association of County Boards of Social Services • N.C. Association of County Attorneys • N.C. Association of County Clerks to the Board • N.C. Association of County Directors of Social Services • N.C. Association of County Finance Officers • N.C. Association of Emergency Medical Services Administrators (NCAEMSA) • N.C. Association of Local Health Directors • N.C. Association of Registers of Deeds • N.C. Tax Collectors' Association Related Organizations • NCACC Board ofTrustees • Joint Regional Forum • N.C. City/County Managers Association • N.C. Association of County Department of Social Services Attorneys The Association intentionally casts a wide net to encourage inclusiveness and full membership participation. Discussion and action on proposed goals by full boards of commissioners is requested because this interaction contributes to the deliberative process and builds consensus. Counties are provided a form on which to submit proposed goals. This streamlines the internal processing of proposals. Forms can be requested by contacting the Association office or can be accessed on the NCACC website at www.ncacc.org. A sample form is included in the Appendix of this handbook. Goals may also be submitted via the NCACC website. 7 Stage 2 -Steering Committee Review (September-October) The Steering Committee Review is the first step in our legislative goals development process. The Association has seven Steering Committees, organized by subject matter. These are permanent, standing committees. Membership on the Steering Committees is open to any county official -elected, appointed or administrative; chairs are appointed by the Association President following each annual conference. The Steering Committees are: Ill Agriculture Ill Environment Ill General Government II Health and Human Services II Justice and Public Safety • Public Education • Taxation and Finance Proposed goals are sorted according to subject matter by NCACC staff and referred to the appropriate Steering Committees for review. A goal may be assigned to a "lead" steering committee that will take action on the goal, but the same goal may also be assigned to a secondary steering committee for the purpose of receiving "comments only." The intent of this process is to allow for the issues raised in a proposed goal that may bridge two or more subject matter areas, to receive greater review and opportunity for committee input. The comments will be sent to the Legislative Goals Committee for their review. Steering Committees may hear from county officials who submit goal proposals and also may review staff research and analysis. The participation of county staff on Steering Committees provides professional expertise that can be critically important when Steering Committees deliberate. Though staff expertise is critical, particularly at this early stage, as the goals-setting process moves forward elected county commissioners will ultimately decide the legislative goals package. During the goal-setting process the steering committee members are asked to make specific recommendations and take action on each submitted goal. Committee actions include, but are not limited to: • Favorable -A goal is approved to send to the Legislative Goals Committee for further discussion and consideration. • Amend-The committee may revise or amend a proposal. • Unfavorable-The committee declines to send the goal forward. • Forward Without Prejudice -The Committee has no opinion on the proposal, but wants the Legislative Goals Committee to consider it. • Needs Further Study -The Committee has insufficient information to make an informed decision and requests that the sponsors either do further research or bring back answers to particular questions at a later date. In addition to considering proposed goals submitted by counties and partner organizations, the Steering Committees review goals from the previous legislative session to determine whether they are still relevant and should be continued. The committees are also 8 empowered to develop their own suggested goals when needed. Each committee submits its proposed goals to the Legislative Goals Committee. Guiding Principles Review The Steering Committees also review the Association's subject area guiding principles. The guiding principles are general declarations of ongoing positions that give guidance on broad policy objectives, such as "no mandates without funding." These statements also guide the staff in dealing with unanticipated issues that arise in the legislative context or that affect the counties in other ways, as with proposed administrative rules and regulations or state agency policies. Because the Steering Committees are ongoing and have broad member participation, they are a critical first step in the Legislative Goals development process. The committees meet quarterly and are available to review legislation during the legislative session; they are used to guide unanticipated legislative action and to recommend any actions that might be advisable to the NCACC Board of Directors for formal consideration and action. This issue is described in greater detail in a later section included in this handbook. 9 Stage 3-Legislative Goals Committee (November) The Legislative Goals Committee is a non-standing committee. The committee membership is traditionally no more that 35 members. It is newly appointed every two years and meets as needed. Members are selected to assure balance with respect to political affiliation, county population, race, gender and other demographic characteristics. Two co- chairs, a Republican and a Democrat, are appointed by the NCACC President to lead the Legislative Goals Committee. The members ofthe Legislative Goals Committee include: • Legislative Goals Committee Chairs • Steering Committee Chairs • The NCACC Board of Trustees Chair or their designee • An elected commissioner from each ofthe Association's I 8 districts • Other members as appointed by the President. The Legislative Goals Committee reviews the recommendations of the Steering Committees. Steering Committee chairs present their committees' recommendations and relay the committee discussion regarding each proposal. The county officials who want to advocate for their proposals are allowed to make presentations to the Legislative Goals Committee. The committee may also review research and analysis related to the proposals provided by NCACC staff. The Legislative Goals Committee may and is encouraged to narrow the list of proposals; it also reconciles conflicts or duplication between steering committee recommendations, and prioritizes its recommendations. The Goals Committee may rank goals in a prioritiy order and may also select a limited number of priority goals to assist in focusing the Association's legislative efforts. The proposals and guiding principles are then submitted to the Board of Directors for consideration. Core Values Statement Review The Goals committee is also charged with reviewing the Association's core value statement. This statement provides fundamental policy guidance with regard to the Association's advocacy efforts. The Goals committee may review, evaluate and make suggested changes to periodically update these core values to recognize changing advocacy environments. The Committee shall include the core values statement along with its recommendations to the Board of Directors for inclusion in the goals package to be presented to the full membership. 10 Stage 4 -Board of Directors (December) As the Association's goal-setting process moves forward, the elected county commissioners become more involved in the decision-making process. The Board of Directors is almost exclusively elected commissioners, with the one exception of a non- voting county manager. At its December meeting, the Board reviews the recommendations of the Legislative Goals Committee. As at earlier stages of the process, the Board may hear presentations, review research and analysis, add, delete or amend proposals, the core values and guiding principles statement. The Board gives final approval to a package of goals proposals, Association core values, and guiding principles that are to be voted on by the full membership at the Legislative Goals Conference in January. By taking this action in December, the individual county boards of commissioners have time and opportunity for a full review prior to the conference. 11 Stage 5-Legislative Goals Conference (Jan. 15-16, 2015) The final stage of the Association's Legislative Goals process is the Legislative Goals Conference, to which all Association members are invited. Historically, more than 85 counties are represented, exemplifying an outstanding degree of interest and participation. The conference is spread over a day and a half, assuring time for thorough discussion, deliberation and debate. In recognition ofthe need to involve newly elected commissioners in the process, the Board appoints a Screening Committee to receive any new proposals that have not been through the development process by this stage. This process is discussed in greater detail below. The goals conference is conducted according to rules designed to encourage participation, to provide a balance between inclusiveness and respect for the process and efforts of the committees and the Board up to this point. In the past, the conference started with a pre- lunch nonvoting discussion of the proposed goals. This allows commissioners not previously involved in the deliberations, particularly newly elected commissioners, to familiarize themselves with the issues. Goals Committee Chairs, Steering Committee Chairs, and NCACC staff review the proposed goals and answer questions raised by attendees. A luncheon is held for attendees and a guest speaker (usually an elected state leader) will address the membership regarding the current state of the legislative climate. After the lunch program, the conference officially is convened by the Association President. It is recommended that the voting process be reviewed with voting delegates in advance of official voting. Goals Voting Process and Procedures • Prior to the conference: o The NCACC staff shall coordinate with the President, the Goals Chairs and the Parlimentarian to review the voting process and procedures. o Every member county appoints a voting delegate. A letter requesting notification of the county's voting delegate shall be sent from the Association to each county. • At the conference: o There shall be a process by which voting delegates register to obtain appropriate voting creditials. o Every county in attendance has one vote. The voting delegate can be any county official, including non-elected officials, and a county may choose an alternate. No proxies are allowed. o Goals are presented en bloc by each steering committee subject category. Goals Committee Chairs present the goals to the membership. The Assocation President or presiding officer is responsible for action. o All motions shall be ruled upon by the Association President or presiding officer. 12 o The President of the North Carolina Association of County Commissioners shall appoint a parliamentarian for the conference. o Upon motion of any voting delegate, any individual goal proposal can be set aside for detailed discussion. o Majority votes are required to approve or alter the proposed goals. o Persuant to Article VIII, Section Three of the NCACC Constitution the latest edition of Robert's Rules of Order shall be the parliamentary authority on questions not covered by the Constitution or by this handbook. Screening Committee Process The Association adopted a Screening Committee process to allow for consideration of new goals or proposals previously presented but not approved. The Screening Committee is composed of the Legislative Goals Committee chairs and the seven Steering Committee chairs. The Screening Committee meets at the end of the first day of the conference to review and hear presentations on submitted proposals. Rules for the Screening Committee process are as follows: • Any new or previous goal proposal must be submitted by 1 p.m. on the first day of the conference. • Goals approved and recommended by the Screening Committee are brought to the floor for consideration by the voting delegates on the second day of the conference. A majority vote of the delegates is required for approval. • Any proposal not approved by the Screening Committee can only be brought to the floor for consideration upon a vote of two-thirds of the number of voting delegates present at 2 p.m. on the first day of the conference. (NOTE: This requirement recognizes that by the end of the second day, voting delegates may leave, and it protects the members from having their goals process circumvented by what could be a relatively small number of delegates.) • The Screening Committee has the authority to request a Steering Committee to give further study to newly proposed ideas. Any Steering Committee recommendations that derive from this kind of study can be presented to the Board of Directors for consideration at a later date. Conclusion All goals and policies approved at the Legislative Goals Conference are included in the official NCACC Legislative Goals package. The official document containing the Association's core values, legislative goals and guiding principles shall be mailed to all 100 counties and presented to each member of the North Carolina General Assembly, to the Governor, and to other executive branch leaders. 13 Guidance Outside of Legislative Goals Process Throughout the legislative biennium, new issues will arise that were not anticipated or considered during the organization's legislative goals process. The Association Steering Committees have the authority and responsibility to study new issues, to research and analyze the effect or implications of proposed legislation, and to make recommendations to the Board of Directors. Any such action is communicated on a regular basis to the Association members through the web-site, through CountyLines, and through other means as needed. Upon recommendation of the Legislative Goals Committee Chairs, the committee may meet between the legislative long and short sessions, to review goal progress and make suggestions to the Board of Directors related to goal priorities, especially given an ever-changing legislative environment. 14 Appendix 2015-16 biennium lEGISlATIVE GOAlS PROPOSAl FORM AU proposals due to NCACC by Sept 19, 2014 Mail to: NCACC, Ann. Johanna Reese, 215 N. Dawson St., Raleigh, NC 27603; E-mail form and documentation to: ncacc@ncacc.org Fax to: (919) 733-1065 You may attach additional documenta1ioo that supports or explains the goal in furt:her detaiL Each form must be accompanied by at least ooe of the foltovnng: • An adopted resmution by the Board of Commissioners; " A letter from the Board Chairman on behalf of the Board; • A letter from the preskient of an affiliate organization; 1 Date: Name of rounty.: Name and title of person submitting goal: Ph~: ________________________________ _ E~a: __________________________________ _ Goal title:----------------------- Goal desaiption (what is the pmblem being addressed?): County -rf contact if other than submitter: ----------------------------------~- Jl,l 15 SEiea: Steering fummlttee(s} Ywr!I"J'choen7""""'th'"'""lt £nvironm!!lllt _ Gecnera! GDVemment Hecalth & Human Serllces _Justice & Pubric: Safety Public tdUGt:ion Tax&Fmance AssociATION oF CouNTY CoMMISSIONERS 215 NORTH DAWSON STREET RALEIGH, NORTH CAROLINA 27603 919-715-2893 WWW.NCACC.ORG 16 Gina Wheeler From: Sent: To: Cc: Subject: Candice White <cwhite@co.cumberland.nc.us> Thursday, September 04, 2014 10:46 AM County Clerks in North Carolina Commissioners; Amy Cannon; James Lawson; Melissa Cardinali; Rick Moorefield; Sally Shutt; Cindy Tucker; Carol St. Louis; Carolyn Price [countyclerks} Request to Support the Public Behavioral Health Managed Care Organization Model Currently Place as a NCACC State Legislative Goal The Cumberland County Board of Commissioners asks that you share this with your respective Board of Commissioners. Thank you. The N.C. Association of County Commissioners has outlined its state legislative goals development process for the 2015- 16 biennial session and set a September 19 deadline for counties to submit their legislative proposals to the association for consideration. The Cumberland County Board of Commissioners requests your support of the following goal and requests that you submit this as one of your legislative proposals to the NCACC for consideration. Support the public behavioral health managed care organization model currently in place. As the General Assembly considers options for reshaping the state's Medicaid system, it is in the best interest to maintain the current MCO model. The LME/MCOs across the state are proving to be highly effective in responding to their mandates to ensure high-quality services while containing costs. This has produced Medicaid budget predictability on the behavioral health side and $153 million in system savings since the implementation of MCO operations statewide. Catufice 1f. 'Wfiite, CMC/NCCCC Clerk to the Board Cumberland County Board of Commissioners PO Box 1829 Fayetteville, NC 28302-1829 Phone: (910) 678-7771 I Fax: (910) 678-7770 Email: cwhite@co.cumber!and.nc.us Website: http://www.co.cumberland.nc.us/ All correspondence to and from this address may be subject to the N.C. Public Records Law and may be disclosed to third parties. 1 Gina Wheeler To: Jennifer Slusser Subject: RE: 9/9 Work Session Agenda Item From: Jennifer Slusser Sent: Thursday, August 28, 2014 12:17 PM To: Tommy Burns; Gina Wheeler Subject: 9/9 Work Session Agenda Item Hi, Tommy and Gina. I'd like to add a request to the agenda for the work session on 9/9. In October of 2011, the BOC approved a grant of easement to Ms. Janice Lucas (see attached documents). Apparently, Mr. Jerome Pope believed he was getting an easement as well; however, the Board never approved an easement grant to him. Mr. Pope would like to build a house and needs an easement. The attached map was filed in December 2011 and shows the easement that Mr. Pope is requesting. I'd like to add this request to the Board's work session agenda for discussion. I anticipate it won't take more than ten minutes. Thanks. Jennifer Jennifer Jernigan Slusser Senior County Staff Attorney Harnett County Department of Legal Services PO Box 238, 102 E. Front Street Lillington, NC 27546 910.814.6009 910.814.8261 (fax) www.harnett.org H COUNTY 1 / Agenda Item _Y,. ,_ L MEETING DATE: October 3, 2011 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Easement Request by Janice Lucas REQUESTED BY: Jennifer J. Slusser, Senior County Staff Attorney REQUEST: Ms. Lucas is requesting an easement Qn property owned by the County by the Dunn Erwin Rail Trail. Ms. Lucas is requesting an access easement of approximately 1 ,045 square feet as shown on the map attached hereto. Ms. Lucas wil1 continue to maintain the property located in the casement area at her expense. Request approval granting access easement to Ms. Lucas and direct the Legal Services Department to take steps necessary to effectuate the grant of easement. COUNTY MANAGER'S RECOMMENDATION: http://www.harnett.org/boc/downloadslagendaform20 I I .doc I ofl Page Board Meeting Agenda Item Agenda Item MEETING DATE: October 3, 2011 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Easement Request by Janice Lucas REQUESTED BY: Jennifer J. Slusser, Senior County Staff Attorney REQUEST: Ms. Lucas is requesting an easement on property owned by the County by the Dunn Erwin Rail Trail. Ms. Lucas is requesting an access easement of approximately 1,045 square feet as shown on the map attached hereto. Ms. Lucas will continue to maintain the property located in the easement area at her expense. Request approval granting access easement to Ms. Lucas and direct the Legal Services Department to take steps necessary to effectuate the grant of easement. COUNTY MANAGER'S RECOMMENDATION: http://www.harnett.org/boc/downloads!agendafonn20 ll.doc I of l Page arn COUNTY Department of legal Services NORTH CAROliNA Memorandum POBox23B Lillingtoo, NC V546 TO: FROM: DATE: Scott Sauer, County Manager Jennifer Slusser, Senior County Staff Attorney~ September 19, 2011 RE: Request for Easement from Janice Lucas Please see attached correspondence relating to the request for an easement from Janice Lucas and R. Allen Daniels. I would like to discuss this matter with the Harnett County Board of Commissioners at the September 27, 2011 special meeting. Thanks in advance for your kind consideration. ph; 910-814-6009 fax: 910-814-0350 strong roots • new growth Harnett Coon~ ~s not discrim~te_on the basis of rate, color, nationar origin, gender, rehg1oo, age or disability 1n employment or the provision of services. Date: Time: From: To: Cc: Bee: Subject: Urgent Associated File(s): Summary: Outstanding: Dealt With: Attachments: Harnett County Legal Services Jennifer Slusser Email Detail Tue September 13, 2011 10:01 AM Tilghman Pope -tilghmanpope@nc.rr.com Jennifer Slusser-jslusser@hamett.org Sharon Stevens-sharon@dunntourism.org Dunn-ElWin Rail Trail Easement Recommendation No Page 1 of 1 Pnnted by; Jennifer Slussar Jennifer, Several weeks ago we discussed a request from a property owner that is adjacent to the Dunn-Erwin Rail Trail for an easement across the property owned by Harnett County. The Dunn-Erwin Rail Trail Authority board met this morning and is recommending to Harnett County that they approve deeding an easement as requested. I have attached a copy of the email outlining the request, as well as a preliminary plat identifying the area where an easement is requested. The area is 3 feet wide and 350 feet long. It is my understanding that there is already a path across this area that has been used for many years. The Dunn-Erwin Rail Trail Authority does not believe that this request will in any way impact the value or use of the trail. These property owners actually keep up their property that borders the trail in a very presentable and complimentary condition. The attached email is all the contact information that I have for the requesting party. However, I have copied Sharon Stevens with the Dunn Tourism Authority with this email. She is on our Board and has been in communication with the requesting party, so she may be able to provide you with some further contact information. Thanks in advance for your assistance. If you need anything further from our Board, please let me know. If you have further questions, please contact me or Sharon. Have a great day. Tilghman P. Tilghman Pope POPE & TART Post Office Box 928 Dunn, North Carolina 28335 (910) 892-4029 WARNING: The information contained in this email message is attorney privileged and confidential information intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copy of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, facsimile or email and erase the contents of the erroneously received email message. Thank you. To ensure compliance with requirements imposed by the IRS, unless specifically indicated otherwise, any tax advice contained in this communication (including any attachments} was not intended or written to be used, and cannot be used, for the purpose of avoiding tax related penalties or promoting, marketing or recommending to another party any tax related matter addressed herein. No file://C:\Documents and Settings\jslusser\Local Settings\ Temp\ preview.htm 9/19/2011 .. Sharon Stevens From: Sent: To: Subject: Good Morning Ms. Sharon, Daniels, Allen [ADanlels@aquaamerica.com] Thursday, August 11, 2011 9:52 AM sharon@dunntourism.org Red Hill Ch Rd Walking TraH Easement Thank you for speaking with me this morning. I would like to request for a legal easement that runs down the side of the Dunn-Erwin Walking Trail. My wife and I are trying to re-finance our home and her mother is wanting to put the land in our name but the surveyor says that we have to have written permission from the Rail Trail Committee for a legal easement. We have lived in our home now that faces the RT for 12 years. A small portion of our easement that we and two other homes use to access our homes is owned by the RTC. We are not asking for any additional use we are just asking for an easement that has been used for the past 75+ years. This easement that is being used has always been on a handshake agreement and we would like to legalize this agreement so we can refinance. The bank is requiring that we show a legal easement to our property. The only easement we have Is our path that runs along the RT but it's not recorded on a map with the Register of Deeds. My mother-in-law's name that owns the property is Janice lucas. Thank you so much for your consideration and please realize that we do not want any access or crossover easement to the trail, we just would like an easement of continuation that' has been used for over 75 years. R. Allen Daniels Regional Supervisor 1 .Stfec!td Pan·els Fraturr (:l":n;r-,~roi-nlat-{o"it - !7Nc::;A:.;::.M;;:E;-·--_--_--·_-_·· ----------rlLucAs SHERRJLLG SR & wiFE· - !7A~D:;:D~R~~---------------r-UCAS JANICE DIANE ADDISON & ADDR2 ~A:-=:D:;:D.;::R3~-------------l'IJ!9 RED HILL CHURCH RD CITY IDUNN =sr=A~TE=-----------------------~~c ZIP ~ Par~el lllformlltion PIN ~-< ·~~, -~-.". -< -· ·- PARCELID REID SI11JS ADDRESS LEGAL 1 LEGAL Z LAND UNITS-TYPE CALC ACRES ZONING OVERLAY SOILS OVERLAY ... 15 102 ~ o·7~58-4928.ooo 1507 0011 9971' ' I) HILL CHURcH RD 0011 19 X I ACRES LUCAS TRACT I LO 1.0 l.O http://gistools.hamett.org/Freeance/Client/PublicAccessl/printFrame.html Page 1 of 1 9/27/2011 HA R N E T T CO U N T Y , NO R T H CA R O L I N A Bl v d , Su i t e 10 0 WW W . H A R N E I T . O R G GI S / L A N D RE C O R D S .. . Ad d r u s P o l n h l pt ~ c f r i v p / rO ! l d s p / Ce r a r l f n a • ·- · Pa r c e l s Ha r n e t l C o u n t y w i d ! i i O r t · ho 2 0 0 8 v 2 . . s l d [Uc~i\·s~sHER RI:Ct c;· 's'R - '& - · w r n - - - - - · lu ' C A s - f A N I c' E o r A ' N E -. r o D ! s o N & ~ · - - - - - - - - - - · o 2 ~ - - f ~ - ! U L l ~ c n r f 1 : U ~-.• . L : .. z ." L e.1 : 1 , 1119 RED HILL CHURC H RD TW P MA P SB BK LO T DV UD V CC 000206008000 1 0 NO : 1 5 0 7 - 5 8 - 4 9 2 8 . 0 0 0 f HARNETT COUNTY *200 9 RE V A L * C FR 8 0 S W ( 2 ) CA R D NO , 1 OF 2 I 1 . 0 1 AC R E S LU C A S TR A C T 1 1 . 0 1 A C 1 . 0 1 0 A C t_. .... ~P...P.J~AU...tJ>--l!.L.U • .....Qt L . J U L Q . l L 2 Q Q J l QO ' - ! U , A~ ~ M S ~ Q B Q .Q . Y . l U L . A B . k ~ ~ .. . . JJ ' L : : : . . Q 2 c - J; : ~ I - l.A ~ T A. c r . l J t-·r=-"'-N ti·-~·~~~LG.x~:·J;;JJ2CLD~~::.r..~.:: -- - - - . - - : .. . T: : ; . F :·' f f ~ ' yl\;: ; J ~ .. . " . . 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U 9 . ~ 4 ~ ~ " r r y H . ~; ; ·- - __ Co S f l : : : u u : < A ' ! se~F~R* ~ ~t!:s ABV GR A D * 1~~~ ~ B f o 1 i ' 2 6 T 4 I f r o o ! · · 6 z · ; o · o , · - · " 1 3 2 ' I EX WLl* 10 ALUM/VINY L "' 30 1 r u R A L H IU S i l ' E - - - ~ IRF STR* 03 GABLE * 8S C A L E 1 / 1 8 4 ST O R I E S 0 1 ;RF CVR* 12 MOD MET/M E T * 'INT W1* 5 DRYWALL * FLOORl* 09 PINE * FUEL * 03 GAS * HEAT * 04 AIR-OUCTE D * AC * 03 CENTRAL * BEDRMS* BAS-3FUS-0LL - 0 * BATHS * BAS-lFUS-OLL - 0 * HALF B* BAS-1FUS-0LL - 0 * QUAL OESIGN*QUAL* S I Z E * 9 AVG 1.05 1.00 . 9 7 = * 1 . 0 TOTAL QUALITY INDE X * 1 0 IYP BAS FOP woo GS AREA PCT 1,946 100 520 035 64 020 + - - - - - 2 0 - - - - - + I F O P I 1 1 0 0 I I + - - - 1 6 - - - - + - - - - - 2 0 - - - - - + - - 9 - - + IB A S I I 9 I I I + - 8 - - + l IW D D I I I l I 8 8 I l I I + - 8 - - + I I 4 I 2 1 I 1 I I I + 4 - + I I I I I l I 4 I I I I + - 7 - - + - - - - - - - - - - - 4 0 - - - - - - - - - - - - + + I F O P I 8 8 I I + - - - - - - - - - - - 4 0 - - - - - - - - - - - - + PR I O R 1 1 , 5 0 0 3 7 , 5 4 0 4 9 , 0 4 0 PE R M I T IN F O R M / 0 0 7 / 0 1 Ml 5 0 7 0 2 0 R A N G E 4 2 3 0 4 8 0 3 *20 0 9 RE V A L * TW P MA P SB BK LO T DV UD V CC ID NO : 1 5 0 7 - 5 8 - 4 9 2 8 . 0 0 0 CA R D NO . 2 OF 2 l . O l A C 0 . 0 0 0 PR I O R PE R M I T IN F O M l 5 0 7 0 2 0 R A N G E 4 2 .. Tlllll.otNo. .................. . PAICelldclllit'i« No.02·1507..0011 ••.•.••••• MllilaiW~to ... R*a1B.Iorotp ... ~.RI:cmt,6Glldnillt P.O.:Ik.d0!7, Ul~ Horti&Cal'll4bla 1~ (!11t)39J.II.Ill Thi$~-pl"CJIII:Rdlly M!!!JSiln.~AGIJ<Iuist, P.O.Jo1li!S7, Ll~ ~CU!IIIH 1154(; (91~13l Briel~ rm-~~~c lockJc I _ 1 North Carolina General Warranty Deed TJt.USA DAWN LUCAS.TOSUB 1111d laummdBICBAM B'RRRACO, SRDR1LL GLENWOOD LUCAS an wlfr, .M1Y UK LUCAS, RODNEY DEAN LlJCAS anti wlfe, ·fLOBA OA1L LUCAS_. CARl( DAJ..& LUCAS DANIELS aaclllusbucf, ROBERT ALLEN DANI£LS U19 Rat Bills O.rdl Road 11wm,l'fC21334 GBANTEB JAI'UCE A. LUCAS tllf Red HUla Churdt React Dl!lnn, NC 233.14 • n. ~ <tnu~~M ~ c:m.toe • \UI!Id herein all illdu llllid ll8l1A !heir llelrs, $~,lind usi~A !lllld D!l irlcllllle si~J3Ular. p'lu!lll. Gll!Ktdille, fc:tnininc or naslcr a nqnired by eolllexL WlniESSEIH, dial llic<lnm!Or,lilra Wllubk:~plid by llle ~ llle rc:ceipt ol'wmll is baeby atknow~ flu alld by ~best prcsen~:~ does pd. barp. dlllld<>OIIVII)'li!CID h Gnlntee Ia &lesi!rrplc.lll.lllllit~lll<lt or~ ol'land $ieualed in A~ TOWIW!ip, H.anlelt County, !'bib Carolina lllld -partil:lil.vly lk:saibal u th!loon: fiBST"[RACC: BEGINNING in lilf; northcmmargiu.ofStatc: Road 111703 at a polntwbetc IWilC intersecls lhc eastemiJI.li,IJin ot'tbe Durham aDd Scuthetn Railroad riaht-«"-way and runs with said right-ofway North 31 degrees 24 miwtea West 350 fi:1et; tbenccNor1h66ck;gn;es4S ~East 164 feet; tbmce South 17 degrees 12 minutes East 1119 feot1»11.11 iron pin; 1bencc So!lth 31 degrees 47 minutes East 138.65 feet to tho nonllem margin of Slate Road tl J 703; !lienee with the margin of sa.i<l Stato Road South 56~ 23 minutes West 117.!5 feet ro the BBGlNNINO, eocKainiDg 0.99lilefel, more or .len and being a part of the Ianda dcsaibcd in deed to Lewis Lucu reconled ill Book 331, Page 495, Harnett Cwnty Regi.stly and beislg tho 1S8111C property «JaW)'ed by deed n::corded ia Book 636, Pa&c 983, Harnett County R.ilsist'Y· Sli('.QND IRACI· BE(i]NNING at an iroci stake. said iron stake being the SW comer ror Shetrill Glenwood Lucas laad that isrecaded inBook9J3 atpag.e947·949,uid stake being a.tdiC western RJW ofSR.l703,audbeingat the l\OI:thl;mRJW of the milrood, lL!Id I'UJlf as lilf; line of Lucas and the Wlroad North 3 J degrees 2.'i minutes 07 sllOO!lds West 350.9 feet to an iiOil stab, the NW c:omer for Luc:as; ~a oew line Soolh66 ~. 4l minutes 41 secoods West 3.0 fi:et to an iron Slake. anew oomer, ~South 31 <k::gn:es24 miau.lta!SO seconds East3S0.64 feet to an irons l.akeat the RJW ot'tbc rood; thencea:slflf; western R1W ot'the rood Nadb. S6 ~ 20 minub:s 13 ~Elm 3.0 feet to the point ofBcgiming IUld ~ 1045 fa;t more or tess lllld beillg the same property~ by deed recorded in Book 1357, Page 939, Harnett County Rl:gi.stly. · 'l1le property hereins.bove described was acqui!OO by Gl'lUltor by instrument recorded ill Book 140!1, Page 282, Harnett County Registry. joiARIIIE1] S,:t:•."• n• TC,~p Q Jl oa -11:!!!1-~Qs 1 JE§:sa BY~ I .. TO HAVE AND TO HOLJ) the aforesaid lot or plll'llel of land and all privileges and appu~ thereto beloo~ to ~be Grantee ill fee simple. And the ~ CD~ with the Gmntee, ( l.) that Graut:or is seized of llle pl'tl'llises in Cce si mpJe, (2.) lh&t Grantor hu the ri,ght to <XliMI}' the sa.rne: in file simple, (3.) That Grantors title is lllllli<etable and free and ciCIII of all encumbl'll.rK:ea, ami {4) tlw: Gnttrtor will wamot ami clefmd !he title~ the lawful claims of all persons wltomsoeYer except for the ~ IJereinafler sta1ee1. Title to the property bcteinabove described is subjc:(:t 1o the followiua exceptions: Any .-J all ~. rigbts-of..._y, ~ c::te., whether rc:oof'dl:d, known or visible upon an inspec:tioo of the property. (iene:n!.llltifity ~ for pbooe IUid power purposes. Ad valomn r.axe~~ for the year 200111ld !Ill subsequent )'Qt'S. .. . .. NO.Rnt: CARoLINA HARNETT OOUNTY I. a NQWy N& of the Ccunty IU'ld State afomilid. cet!llY Ilia! TI1eresa Dawn Lucas Joseph sad Hic:bamBemlco peniOiliiiJy ~bc:f'l:n me lhls !by and e.xc:atled or aclmowledp:d the ~ ln!Uumcnt. w~ my Und ..s olftcill.l 51.amp or_.\ lhi. ~day or ............. _ NORTII CAl\OUNA HARNE.TT COUNTY I. a Notary Nltic or the County sad Stale~ <:eJti1Y tJw Sllerrill Glenwood Lucu lllld wi&. Lee I.ucat peno&WJy llppCirlld bcfoze nra l.bi$ day and exec:uled or adtnowtedpi the exccutkla ~~~~ 1m:tnum:nt. W~ my hand and oll"~~:iaJ Slamp DT at, thi1 .Ql.A... day or ..M-2001. HARNEIT COUNTY r, a Nobty N:llic of the County sad &life llf'oresaid, oertify that Rodney Deaa Lucas and wUe, Lucas~~ bdore me dU day and CXI:CUied or ad<IIOWia:lp:d tile c.xccutioa i~ w~ my band and odncud llhlmp or IICIIl. tllis ~day of 12tJ:_. 2001. NORm CAROLINA HARNETT COUNTY l, a N:muy Pllblic u1 the County. and State ~d. cr:r1ify tlun Ouqo Dale Luaw Daalids ancl husband 1lcb:lt Allal DludcJs per!IOIWly ~before me this day 1111d exeafled or acknowlaJF4 1.110 •cxu:uuo of tile~~ WimfSmyballd IU!dofticial Slamp Dr IICl!l, thiS ..aA. day oC Flied For RtglstRtlon; Book: Document No.: KIMBERLY S. HARGROVE REGISTER OF DEEDS, HARNETT COURTHOUSE P.O. BOX279 liLLINGTON, NC 27546 1110812001 04:51:00 PM RE 155G Page: 490-493 200101t299 DEED 4 PGS $12.00 TRUDI C SMITH State of North Carolina, County of Harnett 1bt foregoi'l'lg certificate of CAROLYN L MCLEOD No 2001 KIMBERLY S. HARGROVE. REGISTER OF DEEDS By: t--2~~,..-.::;..---......._------- Dt~fAIA..rsta *200101929 * 2001019299 ~P i t O P ' E S $ ! 0 1 o W . . . f o i ! I I U 1 Y A S T O T H E F ' f t C I V I S I O H S C O H r A . f t i [ O I H ( A ) .~ ( D ) A t < M : . ~~t w , S I O N A T U R £ , R £ 0 1 S ' T A A . ' I l < » f k t A ! B £ R , t Y r o , £ A I . ~ O A . Y O F N> , " ' - ' . L ~ 6 ~ · "" "" ~ EN El P ... .. .. O' K N "" " _.., . . . ; : ( i l : i N ~ ~- - .. . . . . . . /-' l - G , . · ~ o N A L '• . , • lt£'l ~ ~ < ; ) ~ ~... 'j ! ~o~ g 4~\ , , J; l i : J l-;z: : ~ : - ~ .E i , 5 l . J J ···· .. ~~~?.' : l f : . . · ! : l "- . . ! ' - Wo n u m • n t Rtd l i T H A 1 f t l W N ~ ' t. . t y , t Je r o m e an d An n Po p e DB 28 4 6 PG 41 7 (F o r m e r l y Be t t y La R u e Du n n DB 91 3 PG 94 5 ) PI N 15 0 7 - 5 9 - 2 3 2 0 . 0 0 0 \ \ \ ~t~ ~ "' , • ~~ ~ ~ .. 4 l 7 cr: > ~ ., ; · oR B ' ~ .. } . 0 ~ ~~ ~ ~ - ~· \ \ Je r o m e an d An n Po p e ~-;,. t~ \ DB 28 4 6 PG 41 7 o! ' \ ~ ~ (F o r m e r l y Be t t y La R u e Du n n & As h l e y E. Du n n , -~ %t; ~i.: .. \ : " \ " ' · DB 91 3 PG 94 5 ) -:-~. \ co ! s , ~~ .: . . \ \" " ._ ~f\ .{ a 'l . - ; ' ) . < > · " < : 1 ' > ':Jo 1 ' " ' ~ ' ., . , . , . . " " " " " ... . . . . . . . . . .. . . . . . . . . . . \" " " " ,~_ , . % \~: ; \\ ' " - \ \ -q _ ' \ ~'" \ ... . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . . '1 : a ' \ \ \ "1 > - "'~ .. \ ~\. ~ "'l\~ . . . - \ ·· · " ' \ \ ... . . . . . \ ... . ... - \ .. . . . . . . . . . . . .. . - ' \ ·x - . . . - \" " ... . . . . . \ \ ... . . . . . ... . ... - ... . ... - / / . \ .. . . . . . . \ "'-- ~ "'I P " r a . _ ,.. . . . . . ~~ \ .. . . - : : / .. . . . . . . . . . . /. . . - .. <G o . _ \ . " 1 - _ '" " " \ ...-i R s \ ~ " " ' ' \ . , . ' \ ~- ~~," ( p . \ ,. . . . . . \ ·~ ~ .. . ~ :l l " l j p ' * ' \ , . . . - 1< \ ~" - .. . . " { ~~ \ tr~ _ , , / ' ' .. ~$~ ' , .. . . . . . . . . . . \ ~C6 {'" ' ( , . ... / ~~ ~ .. . . . . . . \ Gl~ i{~ - ·~ ,. . . - \ ~ ~~ ~ _. "" \ ' \ "' \ '(,"~>':; \ ' '<%~! % . . Ja n i c e Di o n e Lu c a s DB 1 55 6 PG 49 0 DB 13 5 7 P 93 9 <es ~ ~, o ~ .. \ \q \ \ \ ~9: . '. \ "~ ~ ~ PI N 15 0 7 - S B - 4 9 2 6 . 0 0 0 \ \ A . , ... . \ 1" 1 . & As h l e y E. Du n n , \ \ & ~ \ \' 1 . Ja n i c e Di o n e Lu c a s DB 15 5 6 PG 49 0 , de e d to 0. 9 9 ac r e s DB 13 5 7 P 93 9 , de e d to 3' st r i p PIN 15 0 7 - 5 8 - 4 9 2 8 . 0 0 0 \ '- ' 4 . . 1 1 ', \\ ~ \ \ . u' l \ .. ~ ~- \ \ ot., \ ' \ \ \ . \ \ <> ' " " " " - "-~·'" ' " i CE R T I F I C A T E OF OW N E R S H I P , DEDICATION AND JURISDICTION 1 (w e ) he r e b y ce r t i f y th a t I om (we ore) the owner(s) or agent of the pr o p e r t y sh o w n an d de s c r i b e d hereon and that I {we) hereby adopt this plan o f su b d i v i s i o n wi t h m y (o u r ) free consent, establish the minimum building se t b a c k li n e s , an d de d i c a t e all streets, alleys, walks, parks, and other si t e s an d ea s e m e n t s to pu b l i c or private use as noted, and all of the land sh o w n he r e o n is wi t h i n th e subdivision regulation jurisdiction of Harnett Co u n t y ex c e p t : - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~ - - - ~ e n \.J ~ e ~\s. ; , o ( ' . ~~0( \ - : . ~~ 0 \ ' "2>~o -~~ "' " -< > ~~ \ ~ "'I P " ' . _ ... '< - < ) ff.v ~ d.: s . / ~ ~ il5 ~ ~ EX E M P T FROM SUBDIVISION REGULATIONS WITHIN TH E TO W N OF ERWIN'S PLANNING JURISDICTION /, J : ! : / 1 __ _ ~-------- DA T E SUBDIVISION ADMINISTRATOR !!111,1111111 "'Ei'i ... ~U!!l"ll<Il>S 21!111:€C B8 03:!!:\9 F!l BK:2!11PG:688-689FEE:!2t.O! l~li\I£NTI2!11itl!J! ~0- . . / -< - " - < ) / ' ~ S~R i o o r ER 8 Dc l l 1 ! 1 1 9 Rt b a r r 5\ J : ! ~ s t n u lP UQ I ! t l" o ' t LA M B E R T SU R V E Y I N G IN C . C- 1 2 8 0 ST d T r OF NO R T H CA R O U N A . . . . l : l W J l . m . . . . CO U N T Y I, ~ ~ ! o t t , RE : \ O < W Om C E R OF ~C O U N l Y , CE R T I F Y TH A T TH E MA P OR ST A T E OF NO R T H CA R O L I N A , ~ C O U N T Y FI L E D FO R RE G I S T R A T I O N AT ~ . M. ] « !M \ : x ( q; " , 2 o J l . IN TH E R< G I S l E R \ _? $ : , ; • ' " ' .. / / - - v- - / - ., _ ' ' ( / 5 £ 7 1> • < 1 1 > F f . N f 10 "'" ' " " ,, .D I / 1 1 - 1...,.. EASEMENT MAP FOR HA R N E T T COUNTY, JANICE DIANE LUCAS, JE R O M E POPE and ANN POPE W. R. LA M B E R T , PL S 12 1 1 W. RO Y C E LA M B E R T , Jr . PL S 35 1 CA R O L Y N J, LA M B E R T , MA N A G E R 50 9 N. LI N C O L N ST R E E T 9 1 9 - 8 9 4 - 3 5 7 5 PH O N E 9 1 9 - 2 0 7 - 0 8 7 3 F'A X BE N S O N , NC 27 5 0 4 PL A T TO WH I C H TH I S CE R n F l C A T E IS AF F I X E D IA E E l S ~ ST A ~ Q R Y R w : ; _ E N T S FO R RE C O R D I N G . w~ > wa DA m 14 · &· I I OF DE E D S o m c E . RE C O R D E D IN BO O K 2M J _ PA G < J& [ , ~- .. . - / \ 25 TO W N S H I P AVERASBORO COUNlY HARNffi 25 5D ST A T E : NO R T H CAROLINA DATE: 11/20/11 SCALE: 1" = 50' GR A P H I C 8C A L E ZO N E : I' ! . I>