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Home My WebLink About020612mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting February 6, 2012 The Harnett County Board of Commissioners met in regular session on Monday, February 6, 2012, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Staff present: Timothy B. McNeill, Chairman Beatrice B. Hill, Vice Chairman Dan B. Andrews, Commissioner Gary House, Commissioner Jim Burgin, Commissioner Scott Sauer, County Manager Tony Wilder, Deputy County Manager Dwight Snow, Staff Attorney Sylvia Blinson, Finance Officer Margaret Regina Wheeler, Clerk to the Board Chairman McNeill called the meeting to order at 9:00 am. Commissioner House led the pledge of allegiance and invocation. Chairman McNeill called for additions and deletions to the published agenda. Chairman McNeill requested the addition of a presentation of resolution honoring an Eagle Scout present. Commissioner Burgin moved to approve the revised agenda. Commissioner Andrews seconded the motion which passed unanimously. Commissioner Burgin moved to approve the items on the consent agenda. Vice Chairman Hill seconded the motion and the Board unanimously approved the following items on the consent agenda: 1. Minutes: Corrected Minutes of the December 5, 2012 Regular Meeting January 23, 2012 Regular Meeting 2. Budget Amendments: 203 Emergency Services Denartment Code 110 -5302- 420.35 -24 Homeland Security Exercise 110- 0000 - 331.53 -10 Homeland Security Exercise 208 Harnett Central High School Proiect CP0906 Code 320.8300.480.45 -30 Engineering 320.8300.480.45 -33 Materials & Supplies 320.8300.480.45 -01 Construction 47,000 increase 47,000 increase 1,500 increase 64,074 increase 54,501 increase February 6, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 6 208 Harnett Central Hig,h School Proiect CP0906 continued Code 320.8300.480.45 -75 Environmental 320.8300.480.45 -80 Contingency 320.8300.480.90 -10 Other financing Uses 209 Administration Department Code 110 -4150- 410.60 -33 Materials & Supplies 110- 4150- 410.12 -00 Gen/Salaries & wages part-time 110 - 4150 - 410.22.00 FICA 110- 4150 - 410.26 -08 Worker's Comp 210 Human Resources Department Code 110- 4250- 410.30 -04 Professional Services 110- 4250 - 410.12 -00 Salaries Temporary 110 - 4250- 410.22 -00 FICA 110- 4250- 410.26 -08 Worker's Comp 211 Cooperative Extension CCR &R Smart Start 110- 7323 - 465.58 -14 Travel 110- 7323 - 465.11 -00 Salaries & Wages 110- 7323 - 465.21 -00 Group Insurance 110- 7323 - 465.22 -00 FICA 110- 7323 - 465.23 -00 Regular Retirement 110- 7323 - 465.26 -08 Work's Compensation 110- 7323 - 465.21 -02 Group Insurance/HRA 110- 0000 - 334.73 -23 CCR &R - Partnership for Children 212 Planning Services /Community Development CP1007 Code 399 - 8300 - 465.85 -70 Construction- Hard Costs 399 - 8300 - 465.85 -16 Administration 399 - 0000 - 331.83 -04 Single Family Rehabilitation SFR 2010 213 Social Services Department Code 110 -7710- 441.80 -50 Day Care Subsidy 110- 7710 - 441.80 -60 Day Care Smart-Start 110- 0000 - 330.77 -04 Day Care Subsidy 110- 0000 - 330.77 -05 Day Care Smart-Start 17,085 decrease 101 ,903 decrease 1,087 decrease 498 decrease 473 increase 18 increase 7 increase 2,000 increase 1,898 increase 73 increase 29 increase 500 increase 16,085 increase 3,012 increase 1,393 increase 1,302 increase 285 increase 390 increase 22,968 increase 203,873 increase 20,000 increase 223,873 increase 49,795 decrease 446,096 increase 49,795 decrease 446,096 increase 214 Public Utilities Department Code 531- 9000 - 431.74 -74 Capital Outlay /Capital Outlay- Equipment 21,772 increase 531 -0000- 356.30 -00 Reimbursement /Insurance Claim 21,772 increase 215 Sheriff's Office Code 110 -5100- 420.11 -02 Separation Allowance 110 -5100- 420.12 -00 Salaries & Wages Part-time 5,831 increase 5,831 decrease February 6, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 6 216 Sheriffs Office Code 110 -5100- 420.60 -36 Operating supplies - Uniforms 110- 0000 - 322.43 -02 Fingerprint Fees 217 Sheriff's Office Code 110 -5100 - 420.11 -06 Salaries & Wages Comp time payout 110 -5100- 420.11 -07 Salaries & Wages Overtime -ATF 110- 0000 - 336.23 -01 Federal Inmates transport cost 221 Sheriff's Office Code 110 -5100- 420.32 -27 Drug Fund 110- 0000 - 336.15 -00 Controlled Substance Tax 3. Tax refunds, rebates and releases (Attachment 1) 4. Resolutions to add roads to state system (Attachment 2) 5. Resolution honoring Eagle Scout Matthew Wilson (Attachment 3) 6. Resolution honoring Eagle Scout Thomas Ray Milton (Attachment 4) 4,000 increase 4,000 increase 300 increase 2,677 increase 2,977 increase 207 increase 207 increase 7. Emergency Services requested permission to allow the Board of Directors of the Buies Creek Fire & Rescue Department to purchase a service truck for the total cost of $288,731. This service truck will greatly enhance the response capabilities of the department in areas such as off road rescue and meeting the needs of the Harnett County Airport. This service truck will allow all rescue tools and equipment on one truck as well as on -site SCBA bottle refills. 8. Finance Officer requested approval of a contract for the audit firm of Martin Starnes & Associates, CPA to audit the County's accounts for the period beginning July 1, 2011 and ending June 30, 2012. The fee for these services will be $67,000. The Harnett County Board of Commissioners approved the awarding of a three year audit contract to Martin Starnes & Associates, CPA's a their April 5, 2010 meeting. This is the third year of that contract. 9. Staff Attorney, on behalf of Public Buildings, requested approval of the first Amendment to the Lease Agreement with Johnston County Industries, Inc. that was entered into on July 6, 2004, to include the provision designating the premises as the alternate location for the Harnett County Courts Facility should said courts facility become partially or completely unusable due to a natural disaster, act of God, riot, fire, war, or other event. 10. Health Director requested approval to submit a grant application for the American Cancer Society - Health Equity Grant 2012. The purpose of this Health Equity Community Grant Program is to increase cancer screening through community outreach and education, and coordination with screening services. Staff is seeking funding to expand and support the mammography education and outreach program. Applicants must also partner with other February 6, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 6 local organizations in order to reach the community with cancer education that leads to screening. Applicants must select one priority group for this grant from African Americans, American Indian, Asian American, Hispanic & Latino and Rural. These grant funds are for one year grant and up to $10,000 with no matching funds required. 11. Cooperative Extension requested permission to accept funds in the amount of $22,968 from the Harnett County Partnership for Children to employ one staff member for the Child Care Resource & Referral Program from January to June 2012. 12. Resolution by the Harnett County Board of Commissioners to Accept a Donation Gift of Real Property from Huey F. Dorman and wife, and Leois Faye Dorman (Lot No. 47, Subdivision Map of Benton Point, Phase Two). (Attachment 5) Chairman McNeill presented a resolution recognizing and congratulating Mr. Thomas Ray Milton for attaining Eagle Scout. Chairman McNeill opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. Mr. Jim Thomas, 5840 Hwy 401 in Bunnlevel, spoke in opposition to a proposed convenient store in Bunnlevel which he said was not needed and would be "funded from outside of the county" so therefore would not benefit the county. Mr. Thomas also reported having some issues with links on the Harnett County web page. Mr. Michael Edwards, owner and operator of Edwards Store on Christian Light Road, spoke in support of allowing store owners to sell beer and wine in stores in his area. Commissioner Andrews moved to approve the appointments listed below. Commissioner Burgin seconded the motion which passed unanimously. HISTORIC PROPERTIES COMMISSION Sherry B. Smith (nominated by Commissioner Burgin) was reappointed to serve on this commission for a term of 3 years ending January 31, 2015. Brian Avery (nominated by Commissioner Burgin) was appointed to serve on this commission for a term of 3 years ending January 31, 2015. Mr. John Elskamp, President of the Veterans' Legacy Foundation, a nonprofit organization formed by veterans, for veterans, united in an effort to research and document the legacy of veteran service and to promote the recognition and honor of that service. Mr. Elskamp reported that most cases they handle come from Harnett County but the group refuses to turn away any veteran or veteran's family who comes to them for research assistance free of charge. Mr. Elskamp shared a slide show with the group and asked commissioners to consider making a donation of any amount to support their cause. Chairman McNeill thanked the Veterans' Legacy Foundation for their work and asked Mr. Elskamp to work with the county manager regarding their request in the upcoming budget process. February 6, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 6 Mr. Snow petitioned the commissioners to approve the Resolution by the Harnett County Board of Commissioners Requesting that the Harnett County Board of Elections Hold Elections in Buckhorn and Hector's Creek Townships on Two Propositions Concerning the "On- Premises" and "Off Premises" Sale of Malt Beverages and Unfortified Wine. Mr. Snow reported the Director of the Harnett County Board of Elections had confirmed this special election could be held during the primary on May 8, 2012, but the statute specifically states that a referendum like this cannot be held during even years in a November election. Mr. Snow noted the Board of Elections could not hold this special election sooner than 60 days and no later than 120 days from the date they received this Resolution request. Mr. Snow noted a public hearing could be held regarding this issue but was not a requirement. Chairman McNeill moved to approve the resolution as presented. Vice Chairman Hill seconded the motion. The motion passed unanimously. (Attachment 6) Michael Juby, Harnett County's Bond Council with Parker Poe who has also been the county's led advocate for negotiation on the leases, petitioned the Board to approve a Resolution Approving a Lease Agreement and Providing for Certain Other Related matters for the Central Carolina Community College (CCCC) Health Science Building. Mr. Juby noted it was important to include an appropriated clause within the lease. Mr. Juby responded typically leases are not this lengthy but the landlord's responsibility and construction provisions made it lengthier. Commissioner Burgin made a motion to move the proposed CCCC Health Science Building from the Brightwater property to CCCC's property at their Harnett County Campus. Commissioner House seconded the motion. Commissioner Burgin said the proposed move would locate the Health Sciences Building between two hospitals and stated he believed this move would save the County over $2 Million dollars for the project as well as saving CCCC funds not having to duplicate administrative and security staff for two locations. Chairman McNeill said he did not think the move was a good idea given the whole concept was for students to be close to the hospital to facilitate their training and skills. The motion failed 3 to 2. Chairman McNeill moved to approve the resolution and leases to move the project forward. Commissioner Andrews seconded the motion. Commissioner House asked CCCC representatives present where they would like the building to be located. Mr. Bud Marchant, President of CCCC, said it would be nice to be near the hospital to create "synergy ". Mr. Tyson noted that the proposed building might work on their property but would add to already existing problems with parking and entrance and egress on the main campus. The motion to approve the resolution and leases passed 3 to 2. (Attachment 7) Mr. Sauer presented the following report: • Veterans Affairs January Activities Report February 6, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 6 Mr. Sauer also reminded the group of their next special session scheduled for February 14, 2012 and their upcoming retreat scheduled for February 23, 2012 at Raven Rock State Park. Commissioner House moved that the Board go in to closed session to consider and give instructions to the County legal staff concerning the handling of certain potential claims and legal actions including the following cases: a) Felmet vs. Harnett County and South Central Water & Sewer District of Harnett County (File No. 11 CVS 1646); b) Felment and Darden vs. Harnett County and South Central Water & Sewer District of Harnett County (File No. 11 CVS 1647) This motion is made pursuant to N.C. General Statute Section 143- 318.11(a)(3). Vice Chairman Hill seconded the motion which passed unanimously. Vice Chairman Hill moved that the board come out of closed session. The motion was seconded by Commissioner Andrews and passed unanimously. Chairman McNeill called for any new business. Commissioner Burgin moved that the county give S.A.F.E. $10,000. Commissioner House seconded the motion which failed 3 to 2. Commissioner Burgin moved that all Public Utilities vehicles not on call be parked; noting the expense of fuel and insurance. Commissioner House seconded the motion. Chairman McNeill said he believed the county should develop a policy regarding county vehicles for all departments. The motion failed 3 to 2. Commissioner Burgin moved that the county allow all political parties, churches and other 5013 - C groups to use the commons area meeting space free of hourly charge but security deposit required. Commissioner House seconded the motion. Mr. Sauer noted the $50 hourly rate was established in a policy by the Board in an attempt to recover utility expenses. Chairman McNeill requested a report of frequent users of the commons area meeting space and offered an amendment to the motion to only allow political entities to use the room free of charge but deposit required at this time. Commissioner House seconded the amendment and the amendment was unanimously approved. The amended motion passed unanimously. Commissioner Burgin asked the county manager and commissioners if they knew who "Samantha Wages" was; no one did. Vice Chairman Hill moved to adjourn the meeting at 10:04 am. Commissioner Andrews seconded the motion which passed unanimously. 44, Timothy B. Q eill, Chairman Margaret Regina C:f eeler, Clerk February 6, 2012 Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 6 ATTACHMENT 1 Approved by the Hamett County Board of Commissioner; Date : 02/06/2012 Approved By : a OE.. - /A TO : HARNETT COUNTY BOARD OF COMMISSIONERS RE: CONSIDERATION OF REFUND FOR TAXES, INTEREST AND PENALTIES FOR ALL MUNICIPALITIES Tax, Interest ,'' " Total Requo and P,BrlalUes� ?;, ? Refuntd ';$tatus 1 BRINKMAN, TAB ANTHONY 4508 SHADY LN WICHITA FALLS, TX 763091312 WICHITA FALLS, TX, 76309 - 1312 2 BRINKMAN, TAB ANTHONY 4508 SHADY LN WICHITA FALLS, TX 763091312 WICHITA FALLS, TX, 76309 - 1312 3 BRINKMAN, TAB ANTHONY 4508 SHADY LN WICHITA FALLS, TX 763091312 WICHITA FALLS, TX, 76309 - 1312 4 BRINKMAN, TAB ANTHONY 4508 SHADY LN WICHITA FALLS, TX 763091312 WICHITA FALLS, TX, 76309 - 1312 5 BRINKMAN, TAB ANTHONY 4508 SHADY LN WICHITA FALLS, TX 763091312 WICHITA FALLS, TX, 76309 - 1312 6 BUCKNER, RAY ANTHONY 85 SHINING WATER LN SPRING LAKE, NC, 28390 - 7007 7 FREEMAN, NINA C 107 KING CIRCLE LOUISBURG NC, 27549 - 0000 8 FREEMAN, NINA C 107 KING CIRCLE LOUISBURG NC, 27549 - 0000 9 HARNETT CROSSROADS LLC PO BOX 795 LILLINGTON, NC, 27546 10 HARNETT CROSSROADS LLC PO BOX 795 LILLINGTON, NC, 27546 11 HARNETT CROSSROADS LLC PO BOX 795 LILLINGTON, NC, 27546 12 HARNETT CROSSROADS LLC PO BOX 795 LILLINGTON, NC, 27546 13 HARNETT CROSSROADS LLC PO BOX 795 LILLINGTON, NC, 27546 14 JOHNSON, RONNIE B 1506 WOODLAND RD 0001087160- 2006- 2006- 000000 0001087160- 2007- 2007- 000000 0001087160- 2008- 2008- 000000 0001087160- 2009- 2009- 000000 0001087160- 2010- 2010- 000000 0001896568- 2011- 2011- 000000 0000011321- 2009- 2009- 000000 0000011321- 2010- 2010- 000000 0001146545- 2006- 2006- 000000 0001146545- 2007- 2007- 000000 0001146545- 2008- 2008- 000000 0001146545- 2009- 2009- 000000 0001146545- 2010- 2010- 000000 0000027845- 2007- 2007- 000000 City 0.00 County 139.11 City 0.00 County 112.86 City 0.00 County 97.73 City 0.00 County 70.67 City 0.00 County 69.57 City 0.00 County 33.65 City 0.00 County 281.83 City 0.00 County 275.49 City 0.00 County 299.18 City 0.00 County 267.24 City 0.00 County 196.68 City 0.00 County 74.74 City 0.00 County 64.10 City 0.00 Military 139.11 Refund Exemption Military 112.86 Refund Exemption Military 97.73 Refund Exemption Military 70.67 Refund Exemption Military 69.57 Refund Exemption Military 33.65 Refund Exemption 281.83 Refund 275.49 Refund 299.18 Refund Value Decrease Value Decrease Value Decrease Value 267.24 Refund Decrease 196.68 Refund 74.74 Refund 64.10 Refund 60.38 Refund Value Decrease Value Decrease Value Decrease Value Decrease GARNER NC, 27529 - 0000 15 JOHNSON, RONNIE B 1506 WOODLAND RD GARNER NC, 27529 - 0000 16 JOHNSON, RONNIE B 1506 WOODLAND RD GARNER NC, 27529 - 0000 17 JOHNSON, RONNIE B 1506 WOODLAND RD GARNER NC, 27529 - 0000 18 JOHNSON, RONNIE B 1506 WOODLAND RD GARNER NC, 27529 - 0000 19 MALDONADO, JOSE LUIS JR MALDONADO, TINA CHONG 18 TUFTS ST CAMERON, NC, 28326 - 6242 20 MCLEAN, CLEVERN 152 ZENOBIA AVENUE LILLINGTON NC, 27546 - 0000 21 PETRIE, CHRISTOPHER RYAN PETRIE, MARGARET ANNE 66 ATLANTIC COAST ST CAMERON, NC, 28326 - 6289 22 RODGERS, MICHAEL FRANCIS 12300 APACHE AVE APT 1212 SAVANNAH, GA, 31419 - 2340 23 RODGERS, MICHAEL FRANCIS 12300 APACHE AVE APT 1212 SAVANNAH, GA, 31419 - 2340 WM. A. TONY WILDER Revenue Administrator CC: WM. A. TONY WILDER 0000027845- 2008- 2008- 000000 0000027845 -2009- 2009 - 000000 0000027845- 2010- 2010- 000000 0000027845- 2011- 2011- 000000 0001897673- 2011- 2011- 000000 0000035769- 2005- 2005- 000000 0001893239- 2011 -2011- 000000 0001787602 -2010- 2010 - 000000 0001787602- 2011- 2011- 000000 County 60.38 City 0.00 County 60.38 City 0.00 County 111.30 City 0.00 County 111.30 City 0.00 County 111.30 60.38 Refund Value Decrease Value 111.30 Refund Decrease Value 111.30 Refund Decrease 111.30 Refund Value Decrease City 0.00 Military 1.82 Refund Exemption County 1.82 City 0.00 Value 24.02 Refund Decrease County 24.02 City 0.00 Military 2.89 Refund Exemption County 2.89 City 0.00 County 196.80 City 0.00 County 202.30 City Total County Total Total to be Refunded Military 196.80 Refund Exemption Military 202.30 Refund Exemption 0.00 2,865.34 2,865.34 ATTACHMENT 2 RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, requests that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Tingen Pointe Subdivision Juno Drive Duly adopted this 6th day of February, 2012. ATTEST: HARNETT COUNTY BOARD OF COMMISSIONERS arg. ret Regina , + eeler Clerk o the Boas` strong roots ® new growth PfAil B. McNeill, Chairman RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, requests that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Beagle Run Subdivision Rad St. Duly adopted this 6th day of February, 2012. ATTEST: #0(1, Marg et Regina Clerk o the Board HARNETT COUNTY BOARD OF COMMISSIONERS �+. ) ,L/ eeler strong roots • new growth kaj Tim ,+ B. McNeill, Chairman ATTACHMENT 3 Harnett COUNTY NORTH CARO,INA RESOLUTION Matthew Wilson THAT, WHEREAS, the Boy Scouts is an organization which has long helped shape the lives of young people across America; and WHEREAS, this organization is dedicated to developing the future leaders of our communities and our nation; and WHEREAS, the Boy Scouts recognize their highest achievers by recognizing them as an Eagle Scout; and WHEREAS, this award is only presented to those individuals who demonstrate a commitment to self - improvement as well as service to their community. NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners does hereby recognize Matthew Wilson and congratulate him for attaining Eagle Scout. Duly adopted this 6th day of February, 2012. strong roots • new growth HARNETT COUNTY BOARD OF COMMISSIONERS Al' Asia B. McNeill www.harnett.org ATTACHMENT 4 Harnett C O U N T Y NORTH CAROLINA RESOLUTION Thomas Ray Milton THAT, WHEREAS, the Boy Scouts is an organization which has long helped shape the lives of young people across America; and WHEREAS, this organization is dedicated to developing the future leaders of our communities and our nation; and WHEREAS, the Boy Scouts recognize their highest achievers by recognizing them as an Eagle Scout; and WHEREAS, this award is only presented to those individuals who demonstrate a commitment to self - improvement as well as service to their community. NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of Commissioners does hereby recognize Thomas Ray Milton and congratulate him for attaining Eagle Scout. Duly adopted this 6th day of February, 2012. strong roots • new growth HARNETT COUNTY BOARD OF COMMISSIONERS othy B. McNeill www.harnett.org ATTACHMENT 5 Harnett C O U N T Y RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS TO ACCEPT A DONATION GIFT OF REAL PROPERTY FROM HUEY F. DORMAN AND WIFE, LEOIS FAYE DORMAN www.harnett.org THAT WHEREAS, Huey F. Dorman and wife, Leois Faye Dolman (Huey and Leois Dorman) are the fee simple title owners of a vacant real property lot located in Black River Township, Harnett County, North Carolina which is more particularly described as follows: BEING all of Lot No. 47 as shown on a map and survey entitled Subdivision Map of BENTON POINT: PHASE TWO" dated October 23, 1997, as surveyed by Godwin - Jordan-Tew & Associates, P.A., Dunn, North Carolina, and recorded November 21, 1997 in Plat Cabinet "F" Slide 809-A, Harnett County Registry, incorporated herein by reference and made a part of this instrument. This being a portion of the property conveyed by Benton Point Developers, L.L.C. to Huey F. Dorman and wife, Leois Faye Dorman by deed dated December 1, 1998 and recorded in Book 1313, Page 603 -604, Harnett County Registry. This property is conveyed subject to all of those terms and conditions set forth in those restrictive covenants recorded in Book 1239, Page 93, Harnett County Registry; and, WHEREAS, it is the desire of Huey and Leois Dorman to convey to Harnett County the above described real property as a charitable gift to be used or disposed of by Harnett County in any manner it deems appropriate; and, WHEREAS, North Carolina General Statutes §153A-158 allows a county to acquire real property as a gift and Harnett County through its Board of Commissioners desires to accept this gift with sincere gratitude from Huey and Leois Dorman. NOW, THEREFORE, BE IT RESOLVED, by the Harnett County Board of Commissioners, that it does hereby accept that real property gift as hereinabove described from Huey and Leois Dorman and that the Board on behalf of all the citizens of Harnett County does hereby express its sincere thanks and gratitude to the Dormans for this generous charitable donation. Adopted this the 6th day, of February, 2012. ATTEST: dak OPAL Mar4aret Regir; Wheeler, Clerk strong roots o new growth HARNETT COUNTY BOARD OF COMMISSIONERS By: Timothy B. McNeill ATTACHMENT 6 Harnett C O U N T Y NORTH CARO,_INA RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS REQUESTING THAT THE HARNETT COUNTY BOARD OF ELECTIONS HOLD ELECTIONS IN BUCKHORN AND HECTORS CREEK TOWNSHIPS ON TWO PROPOSITIONS CONCERNING THE "ON- PREMISES" AND "OFF PREMISES" SALE OF MALT BEVERAGES AND UNFORTIFIED WINE www.harnett.org THAT WHEREAS, North Carolina General Statutes § 18B- 600(f) states: An election may be called on any of the propositions listed in G.S. §18B-602(a), (d) and (h) in any township located within a county where the population of all cities in the county that have previously approved the sale of any kind of alcoholic beverage comprises more than twenty percent (20 %) of the total county population as of the most recent federal census; and, WHEREAS, according to the last federal census the populations of all cities in Harnett County that have previously approved the sale of any kind of alcoholic beverage comprises 20.338% of the total county population; and, WHEREAS, the Harnett County Townships of Buckhorn and Hectors Creek are therefore eligible, under the provisions of North Carolina General Statutes § 18B- 600(f), to hold township elections concerning the "on- premises" and "off- premises" sale of malt beverages and unfortified wine; and, WHEREAS, the Harnett County Board of Commissioners at a special session on January 31, 2012 and at its regular meeting on February 6, 2012 heard citizen comments and discussed the issue of whether the Board of Commissioners should call for an election on alcohol sales in Buckhorn and Hectors Creek Townships; that at the February 6, 2012 Board of Commissioners regular meeting, a motion was duly made and seconded and passed by a unanimous (5 to 0) vote by the Board members to request that the Harnett County Board of Elections conduct an "on- premises" and "off- premises" malt beverage election and an "on- premises" and "off- premises" unfortified wine election in accordance with the provisions of Chapter 18B of the North Carolina General Statutes in order to allow the citizens of Buckhorn and Hectors Creek Townships to vote on these propositions. NOW, THEREFORE, BE IT RESOLVED, by the Harnett County Board of Commissioners, that the Harnett County Board of Elections is hereby requested, no sooner than 60 days nor later than 120 days from the date said Board of Elections receives this Resolution request, to conduct separate elections in Buckhorn and Hectors Creek Townships on the following propositions: strong roots ® new growth (1) To permit the "on- premises" and "off- premises" sale of malt beverages. FOR AGAINST (2) To permit the "on- premises" and "off- premises" sale of unfortified wine. FOR AGAINST Adopted this the 6th day of February, 2012. ATTEST: 11' 1111 r z ,1 HARNETT COUNTY BOARD OF COMMISSIONERS By: (42,(21.&� Marg; et Regin eeler, Clerk www.harnett.org Timothy eill, Chairman ATTACHMENT 7 EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS A Regular Meeting of the Board of Commissioners (the "Board") of the County of Harnett, North Carolina was held on Monday, February 6, 2012, at 9:00 a.m. in the County Commissioners' Meeting Room, Harnett County Administration Building, 102 East Front Street, Lillington, North Carolina, Timothy B. McNeill, Chairman of the Board of Commissioners of the County of Harnett, North Carolina, presiding and the following Commissioners present: Commissioners Present: Timothy B. McNeill, Chairman Beatrice B. Hill, Vice - Chairman Dan Andrews Gary House Jim Burgin Commissioners Absent: N/A * * * Chairman McNeill introduced the following resolution, a summary of which had been provided to each Commissioner, a copy of which was available with the Clerk to the Board and which was read by title: RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, APPROVING A LEASE AGREEMENT AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS WHEREAS, the County of Harnett, North Carolina (the "County ") is a validly existing political subdivision of the State of North Carolina, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina (the "State "); WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina, to lease any real or personal property for any authorized public purpose; WHEREAS, the Board of Trustees of Central Carolina Community College (the "College ") has requested that the County acquire on behalf of the College, pursuant to N.C. Gen Stat. § 153A- 158.2, a leasehold interest in a new health sciences building to be constructed at the Brightwater Science and Technology Campus located within the County (the "Building"), which the College intends to use for its expanding healthcare and health sciences training programs; WHEREAS, the Board of Commissioners of the County (the "Board") has previously determined that it is in the best interest of the County to acquire a leasehold interest in the Building on behalf of the College; WHEREAS, the real property on which the Building will be located (the "Real Property ") is owned by Harnett Forward Together Committee, a North Carolina nonprofit corporation PPAB 1917657v2 (the "Corporation "), and the Corporation will lease the Real Property to Red Rock Harnett, LLC, a North Carolina limited liability company (the "Developer "), under a Ground Lease between the Corporation, as ground landlord, and the Developer, as ground tenant (the "Ground Lease "); WHEREAS, the Developer will build the Building and lease the Building to the County under a Lease between the Developer, as landlord, and the County, as tenant (the "Lease "), for a term of 25 years from the date the County's rent obligations commence under the Lease (the "Term "); WHEREAS, under the Lease, the County will undertake certain infrastructure improvements relating to the Developer's construction of the Building; WHEREAS, so long as the County performs its obligations under the Lease, the Lease and the Ground Lease will terminate at the end of the Term, at which time the Corporation will hold the Real Property and all improvements thereon, including the Building, in fee simple; WHEREAS, the Board hereby determines that it is in the best interest of the County to enter into the Lease in order to acquire a leasehold interest in the Building on behalf of the College; WHEREAS, as required by N.C. Gen. Stat. §153A-158.2(c), the Board held a public hearing on January 9, 2012 to consider the College's request; WHEREAS, forms of the Lease and the Ground Lease (collectively, the "Instruments ") have been made available to the Board, and the County proposes to approve, enter into and deliver the Lease and approve the Ground Lease in order to effect the transactions contemplated by the Instruments; and WHEREAS, it appears that each of the Instruments is in appropriate form and is an appropriate instrument for the purposes intended; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNE1 ?; NORTH CAROLINA, AS FOLLOWS: Section 1. Ratification of Prior Actions. All actions of the County, the County Manager, the Finance Officer, the County Engineer and the Clerk to the Board and their respective designees in effectuating the proposed leasehold acquisition are hereby approved, ratified and authorized pursuant to and in accordance with the transactions contemplated by the Instruments. Section 2. Approval, Authorization and Execution of Lease. The County hereby approves the acquisition of a leasehold interest in the Building on behalf of the College in accordance with the terms of the Lease, which will be a valid, legal and binding obligation of the County in accordance with its terms. The form, terms and content of the Lease are in all respects authorized, approved and confirmed, and the Chairman, the County Manager, the Finance Officer of the County and the Clerk to the Board or their respective designees are each authorized, empowered and directed, individually and collectively, to execute and deliver the Lease for and on behalf of the County, including necessary counterparts, in substantially the form presented to the Board, but with such changes, modifications, additions or deletions therein as they may deem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the Board's approval of any and all such changes, modifications, additions or deletions, and that from and after the execution and delivery of the Lease, the Chairman, the County Manager, the Finance Officer of the County, the County Engineer and the Clerk to the Board or their respective designees are hereby authorized, empowered and directed, individually and collectively, to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Lease as executed. 2 PPAB 1917657v2 Section 3. Approval of the Ground Lease. The form and content of the Ground Lease are in all respects authorized, approved and confirmed in substantially the form presented to the Board, but with such changes, modifications, additions or deletions therein as the County Manager or the Finance Officer may deem necessary, desirable or appropriate. Section 4. Further Actions. The County Manager, the Chairman of the Board, the Finance Officer of the County and the County Engineer are each hereby designated, individually and collectively, as the County's representatives to act on behalf of the County in connection with the transactions contemplated by the Instruments, and the County Manager, the Chairman of the Board, the Finance Officer of the County and the County Engineer are each authorized and directed, individually and collectively, to proceed with the acquisition of the leasehold interest in the Building in accordance with the terms of the Instruments, and to seek opinions on matters of law from the County Attorney, which the County Attorney is authorized to furnish on behalf of the County, and opinions of law from such other attorneys for all documents contemplated hereby as required by law. The Chairman, the County Manager, the Finance Officer of the County and the County Engineer are each hereby authorized to designate one or more employees of the County to take all actions which the Chairman, the County Manager, the Finance Officer of the County and the County Engineer are each authorized to perform under this Resolution, and the Chairman, the County Manager, the Finance Officer of the County, the County Engineer or their designees are each in all respects authorized on behalf of the County, individually and collectively, to supply all information pertaining to the transactions contemplated by the Instruments. The Chairman of the Board, the County Manager, the Finance Officer of the County, the County Engineer and the Clerk to the Board are authorized, individually and collectively, to execute and deliver for and on behalf of the County any and all additional agreements, certificates, documents, opinions or other papers and perform all other acts as may be required by the Instruments or as they may deem necessary or appropriate to implement and carry out the intent and purposes of this Resolution. Section 5. Repealer. All motions, orders, resolutions, ordinances and parts thereof in conflict herewith are hereby repealed. Section 6. Severability. If any section, phrase or provision of this Resolution is for any reason declared to be invalid, such declaration will not affect the validity of the remainder of the sections, phrases or provisions of this Resolution. Section 7. Effective Date. This Resolution is effective on the date of its adoption. 3 PPAB 1917657v2 On motion of Chairman McNeill, seconded by Commissioner Andrews, the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, APPROVING A LEASE AGREEMENT AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS" was duly adopted by the following vote: AYES: 3 NAYS: 2 4 PPAB 1917657v2 STATE OF NORTH CAROLINA ss: COUNTY OF HARNETT I, MARGARET REGINA WHEELER, Clerk to the Board of Commissioners of the County of Harnett, North Carolina, DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF HARNETT, NORTH CAROLINA, APPROVING A LEASE AGREEMENT AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS" adopted by the Board of Commissioners of the County of Harnett, North Carolina at a meeting held on the 6th day of February, 2012. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 6th day of February, 2012. PPAB 1917657v2 G T REGIN HEELER Clerk the Board County of Harnett, North Carolina