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112618wsa Agenda Package9:00 am 9:30 am 9:45 am 10:00 am 10:15 am 10:30 am 10:45 am 11:00 am 11:15am 11 :30 am 12: 15 pm Harnett County Board of Commissioners Work Session Monday, November 26, 2018 9:00 am Update on new government building, Little Diversified Request for new ambulance, Jimmy Riddle EMS Billing, Kimberly Honeycutt Chatham-Harnett Line Discussion, Clint Williams Broadband Aggregation and Adoption Tool Survey, Ira Hall Draft Harnett County Promise Memorandum of Understanding with CCCC Revised Rules of Procedures of the Hamett County Board of Commissioners 2019 Schedule of Meetings for the Hamett County Board of Commissioners County Manager's Report: December 3, 2018 Regular Meeting Agenda Review Invitations and upcoming meetings Closed session Adjourn 112618wsa HCBOC Page 1 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2019: Section 1. To amend the General Fund, Emergency Medical Services Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 1104410-502010 Salaries & Wages $43,726 1104410-544000 Contracted Services $2,016 1104450-544000 Contracted Services $4,608 1100000-598500 lnterfund Transfer Capital Reserve $50,350 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE EXPLANATION : To budget funds to lnterfund Transfer Capital Reserve to assist with purchasing an ambulance which has a cost savings of $5000. Funds used from lapse in Salaries & Wages due to the EM Coordinator position on hold for six months (July-December 2018); and from Contracted Services due to AVL activation is still pending. APPROVALS: Finance Officer (date) County Manager (date) Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this ___ day of ____ , 2018. Margaret Regina Wheeler Clerk to the Board Gordon Springle, Chairman Harnett County Board of Commissioners 112618wsa HCBOC Page 2 BUDGET ORDINANCE AMENDMENT BE IT ORDAINED by the Governing Board of the County of Harnett, North Carolina, that the following amendment be made to the annual budget ordinance for the fiscal year ending June 30, 2019: Section 1. To amend the General Fund, Emergency Medical Services Department, the appropriations are to be changed as follows: EXPENDITURE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 5124450-555000 Capital Outlay-Equipment $50,350 REVENUE AMOUNT AMOUNT CODE NUMBER DESCRIPTION OF CODE INCREASE DECREASE 5123900-390981 Transfer from General Fund $50,350 EXPLANATION: To budget funds to Capital Outlay-Equipment to assist with purchasing an ambulance which has a cost savings of $5000. Funds used from lapse in Salaries & Wages due to the EM Coordinator position on hold for six months {July-December 2018); and from Contracted Services due to AVL activation is still pending . APPROVALS: Finance Officer (date) County Manager (date) Section 2. Copies of this budget amendment shall be furnished to the Clerk to the Board, and to the Budget Officer and the Finance Officer for their direction. Adopted this ___ day of ____ , 2018. Margaret Regina Wheeler Clerk to the Board Gordon Springle, Chairman Harnett County Board of Commissioners 112618wsa HCBOC Page 3 Board Meeting Agenda Item MEETING DA TE: December 3, 2018 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Joint Resolution Adopting North Carolina Geodetic Survey's Resurvey of the Common Boundary Between Harnett County and Chatham County REQUESTED BY: Clint Williams, GIS/E-911 Operations Administrator REQUEST: Harnett County GIS/E-911 requests that the Board of Commissioners: 1. Adopts the location of the boundary line between Hamett County and Chatham County in accordance with the attached plat prepared by North Carolina Geodetic Survey, and adopts the attached joint resolution. 2. Directs the Hamett County Tax Administrator to assess parcels, or portions thereof, that have previously been assessed in Chatham County but will now be in Hamett County, in accordance with the attached plat prepared by North Carolina Geodetic Survey and mutually agreed to by this Board and the Chatham County Board of Commissioners. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: S:\Projects\CountyBoundaries\Chat_ Ham_ Wake_ Boundary\Docs\2 018-1203-BOC-Agenda-Item-Hamett-Cha tham-County- Line.docx Page I of2 112618wsa HCBOC Page 4 Agenda Item Additional Information Item Title: Joint Resolution Adopting North Carolina Geodetic Survey's Resurvey of the Common Boundary between Harnett County and Chatham County Specific Action Requested: That the Board of Commissioners: 1. Adopts the location of the boundary line between Harnett County and Chatham County in accordance with the plat prepared by North Carolina Geodetic Survey, and adopts the joint resolution. 2. Directs the Harnett County Tax Administrator to assess parcels, or portions thereof, that have previously been assessed in Chatham County but will now be in Harnett County, in accordance with the plat prepared by North Carolina Geodetic Survey and mutually agreed to by this Board and the Chatham County Board of Commissioners. Item Summary: Purpose: Background: North Carolina General Statute 153A-18 gives Counties the authority to mutually establish county boundary lines that are uncertain through ratification of a survey prepared by North Carolina Geodetic Survey. On April 16, 2018, the Board of Commissioners jointly agreed with the Wake County and Chatham County Board of Commissioners to resolve issues with the boundary line by first authorizing legislation to establish the correct common corner shared by all three counties. On June 25, 2018, the North Carolina General Assembly ratified legislation, Session Law 2018-62, that corrects the common corner for Wake, Harnett, and Chatham Counties. The next step is to resolve uncertainties in the shared boundary line between Chatham County and Harnett County. This can be accomplished by mutual agreement (Joint Resolution) of the plat prepared by North Carolina Geodetic Survey that depicts the newly established boundary line (attached). If adopted, the Resolution will also direct the Harnett County Tax Administrator to assess parcels, or portions thereof, that have previously been assessed in Chatham County but will now be in Harnett County . 112618wsa HCBOC Page 5 All changes to the County line described herein become effective on January 1, 2019 . Staff has been in contact with all impacted property owners and has notified them of today's meeting . Additional Information: Uncertainty with the location of county boundary lines is not uncommon in North Carolina . Today's technology can locate boundary lines much more precisely and uncover discrepancies in those boundaries . These discrepancies can create issues when it comes to tax assessment, property value, deed recordation, zoning, build ing permitting , public safety , board of elections, and the school system . The current issue has been prompted by differences between the boundary l ine that Harnett County uses versus the one that Chatham County uses. In some instances, the boundary line used between the two counties varies as much as several hundred feet. This has resulted in confusion over the delivery of services and tax assessment to the properties along the boundary line . Given the uncertainties, Harnett and Chatham County staff requested North Carolina Geodetic Survey to conduct historical research and field work to determine the accurate location of the shared boundary line. During their work they discovered errors in the 1961 Wake County and Chatham County survey whereby the Wake/Chatham/Harnett corner was incorrectly located. This error was corrected in the recent Session Law 2018-62 and was supported by all three counties. With this correction, Harnett County and Chatham County can now proceed with resolving the uncertainty in their shared boundary line. North Carolina Geodetic Survey has completed the field work and prepared a plat showing where the Harnett and Wake County boundary line should be (attached). In accordance with North Carolina General Statute 153A-18, both Harnett County and Wake County can mutually agree to establish this as the county boundary line. Since last year, staff from each county have been working collaboratively on identifying all the parcels impacted by the boundary line issue. Staff conducted two community meetings (December 5, 2017 and March 27, 2018) where property owners were able to learn more about the issue . Property owners were also sent letters detailing the impact on their property. For example, where the boundary line splits a parcel, the property will now become split assessed between the two counties. This is in accordance with state law. In other cases, the property will move entirely from one county to the other. Two of the more common concerns from property owners are: 1) will future development be restricted in some way o n a parcel that is split between the two counties? and 2) will a split pa rcel affect the current agricultural tax deferment (which allows property owners who are farming their land to have a reduced tax value until the property transitions to a non-agricultural use)? The answer to both questions is no impact at all. 112618wsa HCBOC Page 6 The following summarizes the property impacts along the Harnett/Chatham County boundary line: Harnett I Chatham County Boundary -PRELIMINARY ESTIMATES Properties Affected Count Estimated Value Homes moving from Chatham to Harnett (Gain) 2 $ 227,648 Homes moving from Harnett to Chatham 0 $ 0 Homes split between Harnett and Chatham 0 $ 0 Parcels split between Harnett and Chatham with a (Gain) 13 $ 287,740 Parcels split between Harnett and Chatham with a (Loss) 6 $ 59,020 Total Preliminary Estimated Tax Value for Harnett (Gain) $ 456,368 Total Preliminary Estimated Tax Revenue for Harnett (Gain) $ 3,423 The attached resolution is also being considered by the Chatham County Board of Commissioners at their meeting on December 3, 2018. Should both boards adopt it, the newly established line will become effective on January 1, 2019 . Prior to the effective date, each County will apply zoning to the properties, or portions thereof, that are being transferred into the county. Property owners will be notified during this process. Additionally, each County will record with their Register of Deeds a document that identifies all impacted parcels resulting from this corrective action of the county boundary line. 112618wsa HCBOC Page 7 JOINT RESOLUTION ADOPTIONG AND ESTABLISHING THE COMMON BOUNDARY LINE BETWEEN CHA THAM COUNTY AND HARNETT COUNTY WHEREAS, N.C.G.S. § 153A-18 provides that if two or more counties are uncertain as to the exact boundary between them, they may cause the boundary to be surveyed, marked and mapped; and WHEREAS, pursuant to a Joint Resolution with Wake County, Hamett County and Chatham County approved by the Harnett County Board of Commissioners on or about April 16, 2018, and approved by the Chatham County Board of Commissioners on or about May 21, 2018, North Carolina Geodetic Survey was authorized to locate and survey the boundary line between Chatham County and Hamett County; and WHEREAS, as part of the preliminary survey work completed by North Carolina Geodetic Survey, it was determined that Wake County and Chatham County had been using a boundary comer established by survey in 1961 that differed from the actual location of the Wake/Chatham/Hamett tri-county boundary comer; and WHEREAS, pursuant to SL2018-62 ratified by the North Carolina General Assembly on or about June 25, 201 8, the tri-county comer boundary between Wake, Chatham and Harnett County was established in accordance with N.C.G.S. § 153A-17; and WHEREAS, now that the tri-county comer has been established, Chatham County and Harnett County mutually desire to finalize the location of the common boundary shared between them; and WHEREAS, North Carolina Geodetic Survey has prepared an official survey of the Chatham County and Harnett County common boundary for adoption and ratification by the Chatham County and Hamett County Boards of Commissioners. NOW THEREFORE, BE IT RESOLVED BY THE CHATHAM COUNTY BOARD OF COMMISSIONERS AND THE HARNETT COUNTY BOARD OF COMMISSIONERS that the survey completed by the North Carolina Geodetic Survey attached hereto as Exhibit A is hereby adopted for the purpose of locating the common boundary between Chatham County and Hamett County. BE IT FURTHER RESOLVED that upon adoption of this Joint Resolution, Chatham County and Hamett County will work together to reconcile county services to affected properties such as board of elections, zoning, building permitting, emergency response, and tax assessments. 1 112618wsa HCBOC Page 8 BE IT FURTHER RESOLVED that upon adoption of this Joint Resolution, staff is directed to register a copy of the same with the Register of Deeds in Chatham County and Hamett County as well as the North Carolina Secretary of State's Office. That this JOINT RESOLUTION shall become effective on January 1, 2019. CHA THAM COUNTY Adopted this 3rd day of December, 2018 . ATTEST: ----------Lindsay Ray Clerk to the Board Diana Hales, Chair Board of Commissioners 2 112618wsa HCBOC Page 9 HARNETT COUNTY Adopted this 3rd day of December 2018. ATTEST: ---------- Margaret Regina Wheeler Clerk to the Board Gordon Springle, Chair Board of Commissioners 3 112618wsa HCBOC Page 10 ' §/< i2 <. Q;' 6 -~~t. r S"'"\ EXISTING SOUAR£ SOUO utOH BAA ~ N.645,112.07 Sf"T NAO 83(2011) Q,, J......fi~~i&i' SM MAD 93(2011) LEGEND ''7"-t', HAA"ETI COONTT REGISTER OT OCEDS P.C. '"" F, PACE 130-0 nn.co .w.P or BOVNOAAY UN( B(TWE[N LEE COUNTY .tNO HARNCTT COUNTY" AOOPTION OAT[ f"rB. J. 199l. / HARNm COUND n -----PROPOS[O RCESTABUSH£D COUNTY UH£ - - - ---CMATMN.I COUNTY GtS PARCELS , .. NM)OJ Ko\RNm COUNTY GIS PAA<:[l..S LEE COl>ITY QS PARCELS ExlSITING IRON PtPt 0.S'IINC NORTltlHC NOATH AMERICAH DATUM 198.l U.S SURv[Y f"OOT f PRELIMINARY MAP 2000 / 4000 1 24000.0.8 8000 Feet I P~.~..!:,'~J.~,e~r ~-~p I r NORTH CAROLINA GEODETIC SURVEY Department of Public Safety Division of Emergency Management c~J~~e~~~J~~o-~Effi~f1B<~fa~ WAKE COUNTY [IP IN ROCIC PILE N: 667,523.04 sit NAO aJ(2011) [: 2,024,115S.02 111 NAO 93(2011) ccr-099995186 TRI COUNTY coo~ PCR comw. ASSEMBLY or NORTH CAROUNA S[SSION 2017-2018 HOUSC BLL 1082 ~ PR'EUMINARY PIAT CF ~UIMY CHATHAM COUNTY AND HARNE'IT COUNTY LINE STATE or NORn-1 CAROUN4 DRAWN BY: OJF CHECI< 8'1', RRH O,lt,T[: 10/4/20111 RC\I 0.-Tt· SCALE:, 1·-2.000· _Sl:lff!' ..l.. or 112618wsa HCBOC Page 11 CHATHAM-HARNETT COUNTY BOUNDARY LINE SUMMARY OF RESEARCH FINDINGS October 05, 2018 NORTH CAROLINA GEODETIC SURVEY Prepared By: Ronald R .Harding, PLS NC Geodetic Survey/RM/EM NC Department of Public Safety Claude D. Bowers Building 4105 Reedy Creek Road Raleigh, NC 27604 (mail: 4298 Mail Service Center, Raleigh, NC 27699-4298) ron.harding@ncdps.gov 112618wsa HCBOC Page 12 CHATHAM-HARNETT COUNTY BOUNDARY LINE SUMMARY QF RESEARCH FINDINGS October 2018 HISTORY Chatham County was formed in l 770 from Orange County Chatham County were formed from Orange County in 1770. From page 61 of David Leroy Corbitt's book "The Formation of the North Carolina Counties 1663-1943" reads .... ,the Inhabitants of Orange, lying to the South of a Point Sixteen Miles due South of Hillsborough, and bounded as follows, to-wit, Beginning at the aforesaid Point, running thence due West of Guilford County Line; thence South along Guilford County Line to Cumberland County Line; thence along Cumberland and Wake County Line to a Point due East of the Beginning; thence due West to the Beginning; be erected into a Distinct County by the Name of Chatham County, and St. Bartholomew Parish. (S. R., XXIII, 827) Hamett County was formed in 1855 from Cumberland County Hamett County were formed from Cumberland County in 1855. From page 116 of David Leroy Corbitt's book "The Formation of the North Carolina Counties 1663-1943" reads .... ,Beginning at the intersection of lines of Johnston and Sampson counties, on Black Mingo; thence a direct line to the mouth of Lower Little river; thence up said river to the bridge at Elliot's mills; thence a straight line to the place on the Murchison road where Hector's creek crosses; thence with said line to road to the Moore county line; thence with said line to the Chatham county line; thence with that lo the Wake county line; thence with that to the Johnston county line; thence with that to the beginning. (Public Laws. 1854-55, Ch. 8) CONCLUSION The earliest record of a survey of the Chatham-Hamett County boundary line is that of the 1855 creation of Harnett County is most probable the first survey. Although adoption and ratification records of this survey aren't available, witness of it having been conducted is presented in the description provided by Corbitt's book. The historical record indicate a straight line for the boundary of Chatham-Harnett County line. The adoption of Hamett-Lee County comer on February 03,1993 and plat recorded in Hamett County Register of Deeds office in Plat Cabinet F; Page 130-D; as well as the North Carolina General Assembly Session 2017-2018 House Bill 1082 adopting the EIP in rock pile as the Chatham, Hamett, Wake County corner recorded in Chatham County Register of Deeds office Plat Book 2018; Page 184; Hamett County Register of Deeds office Plat Book 2018; Page 213 and Wake County Register ofDeeds office Book of Maps 2018; Page 1452. In conclusion, research of the original county line descriptions, historic maps, land grant descriptions, property deed descriptions, and property survey plats illustrate the best witness to the position of the county boundary line is at the EIP in rock pile in a southwesterly direction to the square solid iron at the Hamett-Lee County comer to be the blue line drawn on preliminary map titled Chatham County and Harnett County Boundary Line as attached. 112618wsa HCBOC Page 13 HARNETT COUNTY PROMISE MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (hereinafter referred to as "MOU") is made and entered into this day of , 2018, by and between The Trustees of Central Carolina Community College (hereinafter referred to as "Trustees"), the governing body of Central Carolina Community College (hereinafter referred to as "College") and the County of Harnett, (hereinafter referred to as "County") a body politic and corporate of the State of North Carolina. WHEREAS, the College is a public two-year college serving the residents of several counties, including Harnett County; WHEREAS, the Hamett County Board of Commissioners (hereinafter referred to as "Board"), as the governing body for Hamett County, is tasked with improving the quality of life for the citizens of Harnett County; WHEREAS , the Trustees, the College and County desire to establish the Harnett County Promise, a K-14 program to benefit qualified Hamett County students by providing high school graduates a debt-free pathway to college credentials; WHEREAS, the Harnett County Promise program (hereinafter referred to as the "Program") guarantees up to two (2) years of free in-state tuition and required fees at the College for all eligible Harnett County residents who graduate from a public high school , from a private school located within Harnett County or from a home school while residing in Hamett County in 2019 , 2020, 2021 and 2022 ; and WHEREAS, the Trustees, College and County are willing and able to participate in the funding , administration and facilitation of the Harnett County Promise program to benefit not only the students of Harnett County , but the entire community of Hamett County. NOW, THEREFORE, in consideration of the promises and covenants of the parties herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties do hereby agree to the following: I. STUDENT SELECTION CRITERIA AND REQUIREMENTS A. Eligible Students will meet the following criteria: 1. Be a legal resident of Harnett County for at least twelve (12) continuous months prior to the beginning of the fall semester. 2. Be a high School Graduate from a public or private school located within Harnett County, or a qualified home school as defined by North Carolina General Statute §115C-564 while residing in Hamett County , who will attend 1 112618wsa HCBOC Page 14 the College as a full-time degree or credential seeking student beginning the fall semester following his or her high school graduation. 3. Have successfully completed at least four dual-enrollment courses or 12 dual- enrollment credit hours. This requirement is waived for 2019 graduates. 4 . Completed the Free Application for Federal Student Aid ("F AFSA") and submitted all requested verification documents (if applicable) and completed the College's Foundation scholarship application by the advertised deadline. These documents must be submitted on an annual basis. B. For students who meet all of the criteria set forth in Section I.A., the student's tuition and required fees at the in-state rate for two years will be covered by the Program. 1. Funding from federal and state grants, scholarships and outside funding must be exhausted before the Program begins paying a student's tuition and required fees. 2. The two years of eligibility begins in the fall semester after high school graduation and ends following the spring semester of the second year. Summer terms are not included. 3. Textbooks, supplies and other supplemental materials are not covered under the Program. C. Additional Student Requirements: 1. Students interested in participating in the program must call (919) 718-7300 or visit www.cccc .edu/promise; College will not automatically award to students. 2. Once enrolled, students must continuously meet the financial aid Satisfactory Academic Progress standards outlined by the state and federal governrnent. This means students must maintain at least a 2.0 cumulative GPA and complete at least 67% of all courses attempted at the College. II. DUTIES AND RESPONSIBILITIES OF THE PARTIES: A. County I. County will provide funding for the Program based on estimates provided by the College. This includes up to $210,000 for Fiscal Year ("FY") 2020, up to $420,000 for FY 2021 , up to $420,000 for FY 2022, up to $420,000 for FY 2023, and up to $210,000 for FY 2024 for students entering their second year of eligibility under the Program. County shall not be responsible for any funding that exceeds the estimates for each FY. 2 112618wsa HCBOC Page 15 2. County will reimburse the College within thirty (30) days upon receipt of invoices setting forth the related expenditures for the semester. B. College I. College will invoice County for all applicable tuition and fees prior to the end of each fall semester and spring semester. Invoices shall indicate that all other funding sources have been exhausted prior to the use of the Program funds. College will also provide County with separate documentation at the end of each fall and spring semester containing a breakdown of the areas of study of the students in the Program. 2. College will assign appropriate staff to market the program to eligible high school graduates, collect paperwork from participants, ensure eligibility for the Program, make awards, monitor progress, and register students for appropriate classes in their desired pathways. 3. College will allow County to review/inspect any documents associated with the Program provided there are no Family Educational Rights and Privacy Act of 1974 ("FERP A") restrictions. 4. College will present a detailed report of the Program annually to the Board at a regularly scheduled Board meeting. III. TERM This MOU shall remain in full force and effect for the five-year period of the Program. Prior to the FY 2024 budget being completed and passed, the College will review all data related to the Program (ex. number of graduates, success rates, transfer rates, etc.) and decide on future appropriations to continue the Program. Shall the parties agree to continue the Program, the parties shall enter into a new MOU at such time. IV. TERMINATION This MOU may be terminated, without cause, by either party upon 90 days written notice to the other party. Termination by either party prior to the end of the term of this MOU shall not affect the students already receiving financial aid through the Program or who have been accepted into the Program. Upon termination of this MOU, County and College shall continue to comply with the applicable duties and responsibilities set forth in Section II for all students previously accepted or enrolled in the Program until said students either complete their two years of eligibility or fail to meet the requirements set forth in Section I. College shall not accept any additional students into the Program upon receipt of notice of termination from County. V. GENERAL PROVISIONS 3 112618wsa HCBOC Page 16 A. Governing Law: This MOU is made under and shall be governed, construed and enforced in accordance with the laws of the State of North Carolina, without regard to conflict of laws rules. B. Non-Discrimination: Any discrimination by either party or their agents or employees on account of race, color, sex, age, religion, or national origin in relation to the performance of any obligations is prohibited. C. Assignment: No assignment of either parties' duties or responsibilities shall be permitted unless agree to in writing and signed by all parties. D. Amendments: This MOU may only be amended in writing and duly executed by all parties. E. Notice: Notices given pursuant to this MOU shall be sufficient if in writing and sent by certified mail, return receipt requested, to such addresses the parties may designate from time to time in writing. Notice shall be deemed to be given and received three days after being sent certified mail to the appropriate addresses. At the time of execution of this MOU, the addresses of the parties are as follows: COUNTY OF HARNETT: Paula Stewart County Manager Post Office Box 759 Lillington, North Carolina 27546 With copy to: Monica L. Jackson Senior County Staff Attorney Post Office Box 23 8 Lillington, North Carolina 27546 CENTRAL CAROLINA COMMUNITY COLLEGE: Dr. T.E. Marchant President 1105 Kelly Drive Sanford, North Carolina 27330 THE TRUSTEES OF CENTRAL CAROLINA COMMUNITY COLLEGE: Julian Philpott Chairman 1105 Kelly Drive Sanford, North Carolina 27330 F . Entire Agreement: This MOU contains all the terms and conditions agreed upon by the parties regarding the subject matter of the MOU and supersedes any prior agreements, releases, or stipulations, oral or written, and all other communications 4 112618wsa HCBOC Page 17 between the parties relating to such subject matter. Should any provision of this MOU require judicial interpretation, it is agreed that the court interpreting or construing the same shall give the terms their regular meaning and shall not apply a presumption that the terms hereof shall be more strictly construed against one party. G . Relationship of the Parties: This MOU does not create a partnership or a joint venture between the parties hereto, nor does it authorize either party to serve as the legal representative or agent of the other. Neither party will have any right or authority to assume, create, or incur any liability or any obligation of any kind, expressed or implied, against or in the name of or on behalf of the other party. H. Severability: If any provision of this MOU is held to be illegal, invalid, or unenforceable under present or future laws effective during the term of this MOU, the validity and enforceability of the remaining provisions of this MOU shall not be affected thereby. I. Waiver: Any waiver of any provision hereof shall not be effective unless expressly made in writing and executed by the party to be charged. The failure of any party to insist on performance of any term or condition of this MOU shall not be construed as a waiver or relinquishment of any rights granted hereunder or the further performance of any such term, covenant or condition, and the obligations of the parties with respect thereto shall continue in full force and effect. J. Counterparts: This MOU may be executed in multiple counterparts, each of which will be deemed to be an original copy of this MOU and all of which, when taken together will be deemed to constitute one and the same MOU. A telecopy, facsimile, scanned copy (for example, in pdf or jpeg format) or other similar reproduction of a signature of this MOU shall have the same effect as an original for all purposes. K. Force Majeure: Neither party to this MOU shall be required to perform any term, condition or covenant in this agreement so long as performance is delay or prevented by an act of God, strikes, lockouts, material or labor restriction by a governmental authority, civil riots, floods or any other cause not reasonably within the control of either party to this MOU and which by the exercise of due diligence such party is unable, wholly or in part, to prevent or overcome. L. E-verify: All parties shall comply with the requirements of Article 2 Chapter 64 of the North Carolina General Statutes, "Verification of Work Authorization," and will provide documentation reasonably requested by any party to this MOU demonstrating such compliance. 5 112618wsa HCBOC Page 18 M . Captions: The captions and headings contained in this MOU are for convenience of reference only and in no way limit or enlarge the terms and conditions of this MOU. N. Authority: The signers of this MOU hereby represent and warrant that they have the authority to execute this MOU on behalf of their respective entities. Remainder of Page Left Blank Intentionally Signature Page to Follow 6 112618wsa HCBOC Page 19 IN WITNESS THEREOF, the parties hereto have caused this MOU to be executed on their behalves. ATTEST: Margaret Regina Wheeler, Clerk ATTEST: Lorraine Whitaker, Secretary ATTEST: Lorraine Whitaker, Secretary COUNTY OF HARNETT Gordon Springle Chairman CENTRAL CAROLINA COMMUNITY COLLEGE Dr. T.E. Marchant President THE TRUSTEES OF CENTRAL CAROLINA COMMUNITY COLLEGE Julian Philpott Chairman 7 112618wsa HCBOC Page 20 Rule I. RULES OF PROCEDURE FOR THE BOARD OF COUNTY COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA I. APPLICABILITY Applicability of Rules. These rul es apply to all meetings of the Board of Commissioners of Hamett County at which the Board is empowered to exercise any of the executive, quasi-judicial , administrative, or legi s lative powers conferred on it by law. II. OPEN MEETINGS Rule 2. Meetings to be Open. The public policy of North Carolina and of Hamett 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 Hamett County that closed sessions sh all be held only when required to permit the Board of Commissioners to act in the public interest as permitted in this sect ion. The list includes: I . To prevent the di sclosure of information that is privileged or confidential pursuant to the law of this ~~tate or of the. United States, or not considered a public record within the meaning of C hapter 132 of the General Statutes (The Public Records Law). 2. To prevent the premature di sclos ure of an honorary degree, scholars hip, prize, or si milar award. 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 s ubdivision prohibits discussion of"general policy matters" in closed session and declares that it s ha ll not be construed to permit a public body to close a meeting that otherwise would be open merely because an attorn ey employed or retained by the Board is a participant. The s ubdivi s ion permits the Board to consider and g ive in struction s 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 establi s h, 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 Page I of 12 112618wsa HCBOC Page 21 (b) 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. ~ To plan, conduct, or hear reports concerning investigations of alleged criminal misconduct. 8. [o discuss and take action regarding plans to protect pub lic safet} as it relates to ex isting or potential terrorist activity and to receive briefings by staff members, legal counsel, or la\\ enforcement or emergency service officials concern ing actions take or to be taken to respond to such activi t). '.7-c 9.To view a recording rclea~d pursuant to G.S . 132-1.4/\! The Board may go into closed session only upon motion made and adopted at an open meeting. The motion shall state the permitted purpo se of the closed session and if the closed session is to consult with an attorney in order to preserve the attorney-client privilege, the motion must id entify the parties in each ex ist ing law suit which the Board expects to receive advice during the closed sess ion. The motion must be approved by a majority of those Board members present and voting. (c) Minutes s hall 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 clo sed session. (d) The County Manager, Assistant Co unty Manager, Finance Officer, and the County Attorney shall attend the closed session, unless expressly excluded in the motion . Other persons shall not attend th e closed sess ion unle ss expressly included in the motion or otherwise called into the session. lll. ORGANIZATION OF THE BOARD Rule 4. Organizational Meeting. On the first Monday of December following a general election in which County officers are elected. th e 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 sub scribe the oath of office. Page 2 of 12 .f Commented [CA 1 ): These are two additional matters listed in G.S . 143-318.11 that are pennitted to be discussed l in closed session 112618wsa HCBOC Page 22 (c) With th e Clerk to the Board presiding, the Board s hall elect a C hairman and a Vice Chairman from its members. Rule 5. Election of Chairman and \ice C h a i r m a n . The Chairman and Vice Chairman of th e Board shall be elected annuall y 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. Regular and Special Meetings. (a) Regular Meetings: The Board shall hold regular meetings as follows: First Monday of each Month at 9 a.m. Third Monday of each Month at ~ 6 p.m. lfa reg ular meeting day is a holiday on which county offices are closed, the meeting shall be held on th e next busin ess day or s uch s ucceeding day as may be specified in the m otion adjourning the immed iatel y preceding regular meeting. Reg ular meetings are held in the Coun ty Administration Building. The Board may change or cancel the place or time of a particular regular meeting or of all regular meetings within a speci fled period by resolution adopted, posted, and noticed at least seven days before the change takes effect. S uch a resolution shall be fil ed with the C lerk to the Board and posted at or near the regular meeting place, and copies shall be sent to all persons who have requested no tice of special meetings of the Board. (b) Spec ial Meetings. The C hairman or a majority of board members may at a ny time call a s peci a l meet ing of the Board by signing a notice stating the time and place of the meeting a nd the s ubjects to be considered. The C lerk 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 C hairman and a ll other Board members or le ft at the dwe lling place of each Board member at le ast 48 hours before the meet ing. In addition, the notice sha ll be mail ed or delivered to individual persons and news organizations that have requested such notice as provided in subsection (e) below. Only item s of business specifi ed in the notice may be transacted at a special meeting. (c) Emergen cy Meetings. The C h ai rm a n or a majority of members may call an emerge ncy meetin g to deal with an unexpected circumstance requiring immediate consideration. The person or persons calling the emerge ncy meeting s hall cause notice of the meeting to be g iv en to the other Board members and the public. Local news organizations, having requested notice of special meetings as provi ded in subsection (e), below, shall be notified o f s uch emergency meetings by the same method used to notify Board me mbers. Only business conn ected with the e mergency may be discussed at the meeting. Page 3 of 12 112618wsa HCBOC Page 23 (d) Work Sessions, Retreats, and Committee Meetings. The Board may schedule work sessions, retreats, forums, conventions, associations , and committee meetings, or other information 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 special Board meetings. (e) Sunshine List. Any individual and/or newspaper, radio station, and televi sion Station desiring notice of all special and cmcrgcnc" meetings of the Board shall file a written request with the Clerk to the Board of Commissioners. Rule 7. All Meetings Within the County. (a) All meetings shall be held within the boundaries of Harnett County, except as otherwise provided by s tatute or herein. (b) A joint meeting with the g'=,overning Q-Board of any other political s ubdivision 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 mee ting between the Board of Commissioners and its local legi s lative 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 bus iness except with regard to matters directly relating to legis lation proposed to or pending before the General A ssembly. (d) A s pecial meeting called in connection with a retreat, forum, or s imilar gathering may be held solely for the purpose of providing members of the Board with general information relating to the performance of their public duties; provided, however, that the members of the Board shall not vote upon nor otherwise tran sact public bus iness while in attendance at such a gathering. (e) While in attendance at a convention, association meeting, or si milar gathering, a special m eeti ng may be held ; provided, however, that any such meeting may be held solely to discuss or deliberate on the Board's pos ition concerning similar issues that are not legall y binding upon the Board of Commi ssioners or its constituents. Rule 8. Broadcasting and Recording of Meetings (a) Except as provided in this rule, any radio or televi s ion station may broadcast all or any part of an official Board mee ting 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. Page 4 of 12 112618wsa HCBOC Page 24 (b) Any radio or television station wishing to broadcast any portion of any portion of an official Board meeting shall so notify the County Manager no later than two 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 o r to sec ure and pay the costs of an a lternative meeting site mutually agreeable to the Board and the media representative. V. AGENDA Rule 9. Agenda (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 s hall 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 ageAda shall be p1,1blished iA a Rewspaper ef geAeRil eiFe1,1lati0A prier ta the day ef the sehed1,1l0d reg1,1lar mestiRg. Deleted by reso lution 9-19-11 (e) The County Manager may propose a consent agenda as part of the main agenda. The consent agenda shall contain those routine items of bu siness that do not normally involve debate. The Board may approve all items on the consent agenda by adopt ing one (I) motion. The Board may transfer an item from the consent agenda to the main agenda upon a mqjority vote of the members present and voting. A motion to transfer should normally be made at the beginning of the meeting. The consent agenda may include, but is not limited to, the following routine item s of business: I. 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, sup port, and recognition. Page 5 of 12 112618wsa HCBOC Page 25 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, Board members present may appoint someone to £( hair 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 objection s from other members on this ground; (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. 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. Page 6 of 12 112618wsa HCBOC Page 26 Rule 16. The Chairman shall state the motion and then open the floor to debate. Rule 17. Adoption by Majority 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 subsection (b) of this rule, and no others shall be in order. Unless otherwise noted, each motion is debatable, may be amended, and requires a majority vote for adoption. (b) In order of priority, the procedural motion s are: • To adjourn. The motion may be made only at the conclusion of action on a pending matter; it may not interrupt de liberation of a pending matter. • To Recess. • To Call to Follow the Agenda. The motion must be made at the first reasonabl e opportunity or it is waived. • To Suspend the Rules, the motion requires a two-thirds (2/3) vo te of the members present. • To Divide a Com pl ex Motion and Consid er it by Paragraph. • To Defer Consideration. A s ubstanti ve motion whose consideration has been deferred expires unless a motion to revive consideration is adopted within one hundred ( I 00) days after deferral. • To Postpone to a Certain Time or Day. • To Refer to Committee. Sixty (60) days after a motion has been referred to committee, the introducer may compel consideration of the measure by the entire Board, regardle ss of whether the committee has reported the matter back to the Board. • To c1 mend. An amendment to a motion must be germane to the s ubject 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 ( I 00) days of a vo te deferring consideration. • To Prevent Reconsideration for Six Months. The motion shall be in order only immediately following the defeat of a substantive motion. It requires a vote equal to a quorum and is valid for six (6) months or until the next regular election of Count y Commissioners, whichever occurs first. Page 7 of 12 112618wsa HCBOC Page 27 Rule 19. Renewal of Motion. A defeated 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 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 ofa tie vote is that the motion did not carry. Rule 22. Prohibition of Secret Voting. No vote may be taken by secret ballot. The C lerk s hal I record the vote of each m ember 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 di sc ussed 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 Page 8 of 12 112618wsa HCBOC Page 28 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 introduction receives a majority of the votes cast, the measure is adopted. Rule 26. Quorum. 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 Hearing Time Limits. (a) The time limits for speakers at zoning public hearings shall be ten (10) minutes for the proponent and ten ( I 0) 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 Commi ssioners 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. lt) -Person~; de'.,inng to speak at a puelie hearing nrnst register with the Clerk te-the-Beare prier 10 the eommeReement efthe meetiRg . remove Rule 28. Quorum at Public Hearings. A quorum of the Board must be present at all public hearings required by law. Rule 29 . Public Commen t Pe ri ods (a) Pu blic comment per iods \\ill be limited to a max imum ofthim (30) min utes and each pe rson des irin g to speak shall ha\e a max imum of three (3) mi nutes to ma ke thei r remark~~A speak~r m~ m)l~t.:I!.LlllQl:t..' tha n once du!].ugJlic.2ame llli.Q li1,; cg111111ent ~riod. lo a,oid repeti ti on. grou12,, Qf in di, idual;;_ 11 hQ c,pccl!Q ha\ cthc same m: simila r comments arc encouraged to se lec t a spokespe rson to speak on the ir beha l i: !.hl_ <.;peakers shall addre,s. the Boa rd fmm th.: pQdi11111a ucl begu1 thei r remarks b\ statine the ir name and res ident ial addn.:ss . W Public cQmq1~nlis nQLLntcndct,UQ _rct1Lt.irc_t_l}e J~llarcl _IQ 1111s11eL!lDD.!!!P.rQ!11p_t_l)_gue~tions l he Ho<1rd shou ld retla111. frQ!ll c_Dgaeine in a dialogue, c,ccpt lQ lhe e,tentne1,;essan to clarit\ the speaker's pos it io n. I he Board shall not ent ertain questions from the audience. and discussions lx:t11 een speakers and members o f the audience shall be prohibite d. Page 9 of 12 112618wsa HCBOC Page 29 (d) (!) Speakcrs shal l mai nt a in proper decorum and shall make the ir comment,, in a eiv il manner. Personal att acks an d use of ohsct::nc and profane languaec are pro hib ited. fuieake r comments should he limite"1 t!_l sub jec ts that ar~ 1\.i!.l.1.i.11 the_Board·s jurisdjqio n. Speakers shall not discuss ma tt ers that co ncern the candidaC\ of am person see k ing pub lic o ffice. including the can di dac\ o f the speaker. c losed session mattcrs. those matt ers aj1i ch arc the s.U9$ClQl j rnblif h earings, and am ma tters intcngcd tQ prnmQte am: in dividuals· commercia l or pccunia n interest. Ac tion on items brough t up dur ing the Pub lic Com mt::nt l't::riod 1\i ll be at the discrt::tion of the 13Qard. Rule 2.930. Minutes. Minutes shall be kept of all Board meetings. Rule .WJ!. Appointments. The Board shall fill County Commissioner vacancies in accordance with G. S. 153A-27. The Board shall fill a Registerof 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 ~oards, f f'.o mmi ss ion s, and f Gommittees over which the Board has power of appointment. (a) Any U.S. citizen who is a resident of Hamett County is eligible to serve on appointed gBoards/f(c'ommissions/f~·ommittees of the County where such appointment is not prohibited by state statute. (b) All Board members must maintain re sidence in Harnett Co unty while serv ing on said Board. (c) All appointments will be made in accordance to the Statute or Ordinance that created the ~oard/<:'2ommission/i;Gommittee. (d) No citizen may serve more than two appointed positions simultaneously. (e) }le eitizeA ma:)• ser,re mere lftan three eeAsecuti·,e terms eA af!Y BearEI/Cemm ittee/CemmissieA uAless tile term is 3 years er UHder. "Ne memller ef aft)' BearEI/Cemmiltee/Cemm issieA may ser.•s mere tllan AiAe eeAse cutive years. The following amendment was unanimously adopted on May 2, 2016: (e) No cit izen may serve more than three consecutive terms on any ~oard/£{,..ommittee/f Gommi ssion unl ess the term is le ss than three (3) years. No memb er of any !_ltloard/i,;<c--ommittee/f(;ommission may serve more than nine (9) Page 10ofl 2 112618wsa HCBOC Page 30 consecutive years, unless waived by the Board of Commissioners by a majority vote. Any waiver issued by the Board for a consecutive term over nine (9) consec utive years for an individual is limited to two (2) waivers. Any individual may be reappointed to the same lilloard/ft-Ommittee/f<;,'.ommission after remaining off sai d !)goard/(;Gommittee/c:t-0mmi ssion for at least one year. (t) If a person is appointed to fill someone's unexpired term and serves le ss than halfof a full term , he/she is eligible to serve three full te rms. (g) If an appointee has unexcused absences which constitute more than 25% of the Board mee tings in any calendar ye ar which he or she is required to attend purs uant to hi s 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 re sign, he or she may be dismi ssed by action of the Board of ~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 ~"*7-Commi ssioner will have avail able to him or her a binder containing a li st of all county appointments, with the following data provided: • Name of the board, comm issio n, committee, or au thority • Brief on th e functions • Statute or cause creating board, commission, c ommittee or authority • N umber of me mbers and terms of office • Curre nt members and terms o f offi c e, including number of terms serviced • Regular meeting day, time , and loc ation, if determined (i) Proced ures for filling vacancies for appointed positions: I. Notification of availabl e appointments A. A li st of avail able positions statin g terms of office, requirements for office, and duties of posi tions w ill be published in the newspapers of Hamett County thirty (30) days prior to the month of appo intments being made. This procedure w ill be carried out by the C lerk to the Board of ~Commi ssioners. B. Thirty (30) days prior to the terms expiring, the C lerk to the Board will mail a notice to each person who is eligible for reappointment requesting information on hi s or her interest in continuing to serve. If an application is not on file , one will be requested at this time. If an indivi dual is not e lig ible for reappointment, he or she will be notified and given reason for bein g inelig ibl e. C . If, because of policy or otherwi se, a n individual is un able to be reappointed, he or she will be sent a letter of appreciation by the Chai rm an Page 11 of 12 112618wsa HCBOC Page 31 2. 3. 4 . of the Board of Commissioners at the expiration of his or her term thanking him or her for the past services rendered. Selection Process A. Six (6) days prior to the date a vacancy occurs, all applications 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 Commi ssioners 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 ~Board of Commissioners. 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. Appointments section of "Rules of Procedure for the Board of County Commissioners of Harnett County, N orth C arolina•·. Thi s section states policy and procedures for appointments to any County board , commi ssion, 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 . Applications All applications received shall be retained for at le ast two (2) years. Application s shall be kept on file for all active appointees. All the above data shall be maintained as confidential for ~Board of Commissioners' use only. Rule J.1.32 . Changes to Rules of Procedure. The Board may change these rules of procedure upon a vote by two-thirds (2/3) of the me mbers o f the Board. C hange s shall be effective at the next regular meeting . These rules s hall be effective on October I , 1994. Amended 2-6-95. To add Finance Officer to attend closed sessions Amended 2-7-05. To increase limit of appointments from 2 to 3 consecutive terms Page 12 of 12 112618wsa HCBOC Page 32 Ame nded 9-19-11. DELETED Rule 9 ( d) agenda shall be published in a newspaper of general circulation ... Amended 5-2-16. Rule 30 (e) To allow waivers to increase limit of appointments Amended 12-3-18 Rule 3. ADD subsection (a}(8) and (a){9) Rll_lcl.. \QQ Vice Chairman to title __ Rule 6. Regular and Special Meet ings l'hird Monday of each Month at 6 p.m . 61?1) cmc r gcnq mccti11gs to ~p,;;ccJjQ!lfil ).llil~iine I ist Rule 27. DELI TE (c) Persons desiring to speak at a public hearing must regi ster with the Clerk to the Board prior to the commencement of the meeting. Rule ~29. ADD Public Comment Section F :\USERS\SHIRLEY\BOCIRULESOFP doc Page 13 of 12 Formatted: Indent: Left: 1" Formatted: Indent: Left: O" 112618wsa HCBOC Page 33 2019 Schedule of Meetings Harnett County Board of Commissioners Tuesday January 1 Holiday Monday January 7 9:00 am Board Meeting Tuesday January 15 9:00 am Work Session Monday January 21 Holiday Tuesday January 22 6:00 pm Board Meeting Monday January 28 9:00 am Retreat Monday February 4 9:00 am Board Meeting Monday February 4 11:45 am Legislative Luncheon Tuesday February 12 9:00 am Work Session Monday February 18 6:00 pm Board Meeting Monday March 4 9:00 am Board Meeting Tuesday March 12 9:00 am Work Session Monday March 18 6:00 pm Board Meeting Monday April 1 9:00 am Board Meeting Tuesday April 9 9:00 am Work Session Monday April 15 6:00 pm Board Meeting Friday April 19 Holiday Monday May6 9:00 am Board Meeting Tuesday May 14 9:00 am Work Session Monday May 20 4:00 pm Appreciation Reception Monday May20 6:00 pm Board Meeting Monday May27 Holiday Monday June3 9:00 am Board Meeting 112618wsa HCBOC Page 37 Tuesday June 11 9:00 am Work Session Monday June 17 6:00 pm Board Meeting Thursday July 4 Holiday Tuesday July 9 9:00 am Work Session Monday July 15 6:00 pm Board Meeting Monday August 5 9:00 am Board Meeting Tuesday August 13 9:00 am Work Session Monday August 19 6:00 pm Board Meeting Monday September 2 Holiday Tuesday September 3 9:00 am Board Meeting Tuesday September 10 9:00 am Work Session Monday September 16 6:00 pm Board Meeting Monday October 7 9:00 am Board Meeting Tuesday October 15 9:00 am Work Session Monday October 21 6:00 pm Board Meeting Monday November 4 9:00 am Board Meeting Monday November 11 Holiday Tuesday November 12 9:00 am Work Session Monday November 18 6:00 pm Board Meeting Thurs/Fri November 28 & 29 Holiday Monday December2 9:00 am Board Meeting Tuesday December 10 9:00 am Work Session Monday December 16 6:00 pm Board Meeting Tue/Wed/Thurs December 24, 25 & 26 Holiday 112618wsa HCBOC Page 38 ***Meeting dates/designations may change with 48 hours notice*** RULES OF PROCEDURE HARNETT COUNTY BOARD OF COMMISSIONERS IV. REGULAR AND SPECIAL MEETINGS Rule 6. Regular and Special Meetings a) Regular Meetings: The Board shall hold regular meetings as follows: First Monday of each Month at 9:00 a.m. Third Monday of each Month at 6:00 .m. If the regular 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 specified in the motion adjourning the immediately preceding regular meeting. Regular meetings are held in the County Administration 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 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 delivered to individual persons and news organizations that have requested such notice. c) Emergency Meetings. The Chairman or a majority of members may call an emergency meeting to deal with an unexpected circumstance requiring immediate consideration. The person or persons calling the emergency meeting shall cause notice of the meeting to be given to the other Board members and the public. d) Work Sessions, Retreats and Committee Meetings. The Board may schedule Work Sessions, retreats, forums , conventions, associations, and committee meetings, or other information 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 special Board meetings. 112618wsa HCBOC Page 39