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HomeMy WebLinkAbout091916mHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Regular Meeting September 19, 2016 The Harnett County Board of Commissioners met in regular session on Monday, September 19, 2016, in the Commissioners Meeting Room, County Administration Building, 102 East Front Street, Lillington, North Carolina. Members present: Member absent: Staff present: Jim Burgin, Chairman Gordon Springle, Vice Chairman Abe Elmore, Commissioner Joe Miller, Commissioner Barbara McKoy, Commissioner Joseph Jeffries, County Manager Paula Stewart, Deputy County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Margaret Regina Wheeler, Clerk Chairman Burgin called the meeting to order at 7:00 pm. Commissioner Elmore led the Pledge of Allegiance and invocation. Chairman Burgin called for additions and deletions to the published agenda. Commissioner Elmore moved to approve the agenda as published. Vice Chairman Springle seconded the motion which passed 4 - 0. Vice Chairman Springle moved to approve the following items listed on the consent agenda. Commissioner Elmore seconded the motion which passed 4 - 0. 1. Minutes: September 6, 2016 Regular Meeting 2. Budget Amendments: 78 Transportation Code 110-4650-410.43-21 110-4650-410.60-31 110-4650-410.60-33 110-0000-334.55-02 110-0000-334.55-05 110-0000-334.77-04 Maint. & repair auto Supplies & Gas Materials & Supplies Transportation EDTAP Plan Transportation RGP Transportation Human service/Work First 79 Public Utilities Code 544-9100-431.45-02 Construction Contract 544-0000-353.90-11 Campbell 7,542 increase 7,542 increase 7,542 increase 9,882 increase 14,318 increase 1,574 increase 74,516 increase 74,516 increase September 19, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 1 of 8 81 Transportation Code 110-4651-410.11-00 110-4651-410.11-14 110-4651-410.21-00 110-4651-410.21-05 110-4651-410.21-07 110-4651-410.22-00 110-4651-410.23-00 110-4651-410.23-01 110-4651-410.25-10 110-4651-410.26-08 110-4651-410.33-45 110-4651-410.33-50 110-4651-410.60-36 110-0000-339.00-00 Salaries & Wages Longevity Insurance Expense Employee Clinic Dental Tax Expense Retirement Supplemental retire Unemployment Benefits Workers Compensation Contracted Services Contracted misc. new Uniforms Fund Balance Appropriated 82 EMS Department Code 110-5400-420-35-73 ASPR/SMAT Wake Med 110-0000-420.54-04 Contributions ASPR 84 Community Development Code 110-7201-465.58-01 NC Commerce Fellows Training 110-0000-331.72-02 NC Commerce Fellows Grant 85 Youth Services Code 110-7930-441.25-10 110-7930-441.26-08 110-7930-441.32-38 110-7930-441.35-06 110-7930-441.41-11 110-7930-441.58-01 110-7930-441.58-14 110-7930-441.60-31 110-7930-441.60-33 110-7930-441.60-36 110-7930-441.60-37 110-7930-441.60-47 110-0000-331.77-02 110-0000-339.00-00 Operating Unemployment Benefits Operating/Worker's Compensation Restitution Youth Worked Restitution JCPC Paid Telephone & Postage Training & Meetings Travel Admin Gas Materials & Supplies Uniforms Rest Program & Supplies Food & Provision Human Services/CBA Juvenile Fund Balance Appropriated 87 Emergency Services Code 110-5302-420.36-15 Homeland Security DPR6 110-0000-331.53-13 Homeland Security DPR6 28,052 increase 1 decrease 7,812 increase 180 increase 360 increase 2,146 increase 1,808 increase 572 increase 519 increase 2,532 increase 8,400 decrease 10,200 increase 426 increase 45,354 increase 3,500 increase 3,500 increase 50,000 increase 50,000 increase 27 decrease 1,532 increase 1,000 decrease 700 increase 100 increase 200 increase 100 increase 1,000 increase 100 decrease 250 increase 500 increase 100 decrease 2,500 increase 655 increase 60,000 increase 60,000 increase September 19, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 2 of 8 88 Cooperative Extension Code 110-7324-465.58-01 Training & Meetings 110-0000-334.73-24 4H Teen Court at Risk 90 WIOA Adult Program Fund Code 234-7410-465.11-00 Salaries & Wages 234-7410-465.35-61 Adult Paid Work Experience 92 WIA Out of School Youth Program Fund Code 234-7407-465.11-00 Salaries & Wages 234-7407-465.58-02 Training OJT 94 WIA In School Program Code 234-7405-465.11-00 Salaries & Wages 234-7405-465.58-23 Training Vouchers 96 Public Utilities Capital Project Code 574-9100-431.45-20 Legal and Admin 574-9100-431.45-80 Contingency 574-9100-431.45-01 Construction 97 General Fund Health Department Code 110-7600-441.60-46 Medical Supplies 110-0000-331.76-01 WIC State Funds 100 General Fund Health Department Code 110-7500-441.33-45 Affinity 110-0000-399.00-00 Fund Balance appropriated 101 Solid Waste Code 580-6600-461.74-74 Capital Outlay 580-0000-399.00-00 Fund Balance appropriated 580-0000-334.66-03 NCDENR White Goods Grant 102 Solid Waste Code 580-0000-461.74-74 Capital Outlay 580-0000-399.00-00 Fund Balance Appropriated 580-0000-334.66-01 NCDENR Recycle 103 Solid Waste Code 580-0000-461.74-74 Capital Outlay 580-0000-399-00-00 Fund Balance appropriated 104 Solid Waste Code 580-0000-461.74-74 Capital Outlay 580-0000-399-00-00 Fund Balance appropriated 3,173 increase 3,173 increase 3,275 increase 3,275 decrease 2,456 increase 2,456 decrease 818 increase 818 decrease 134,645 increase 59,645 decrease 75,000 decrease 1,068 increase 1,068 increase 132 increase 132 increase 110,616 decrease 44,246 decrease 66,370 decrease 117,200 increase 86,200 increase 31,000 increase 35,000 increase 35,000 increase 178,000 increase 178,000 increase September 19, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 3 of 8 106 School Project CP 1501 Code 308-8300-480.47-51 Safety & Security 308-8300-314-50-00 Sales Tax 107 Solid Waste Department Code 580-6600-461.74-74 Capital Outlay 580-6600-461.60-33 Materials & Supplies 580-0000-461.43-16 Building Repair 580-0000-399-00-00 Fund Balance Appropriated 580-00-334.66-01 NCDENR Recycle Johnsonville 1,512 increase 1,512 increase 17,500 increase 18,000 increase 2,000 increase 7,500 increase 30,000 increase 3. Tax rebates, refunds and releases (Attachment 1) 4. Resolution to add roads to state system (Attachment 2) 5. Proclamation Celebrating Harnett County Resident Booker T. Williams Sr. on the Occasion of his 100th Birthday 6. Resolution of the Harnett County Board of Commissioners to Accept a Gift of Real Property from Shirley C. Wicker (Attachment 3) 7. Proclamation of Appreciation for the Volunteers Whose Service Enhanced the Quality of Life for Their Fellow Citizens on Smith Prince Road 8. Harnett County Engineer requested approval to negotiate the lease term and amount for the Mamers, Bunnlevel, and Buckhorn convenience sites. 9. Harnett County Sheriff's Department requests approval of resolution awarding a service weapon to Sergeant David West upon his retirement. (Attachment 4) 10. Harnett County Emergency Services requested approval to receive award funds for the FY16 Assistant Secretary for Preparedness and Response (ASPR) State Medical Assistance Team (SMAT III) administered through the WakeMed Health and Hospitals Capital Regional Advisory Committee (CAPRAC) in the amount of $3,500. This grant will be a reimbursable grant and no county matching funds are required. 11. Harnett County Public Library requested approval to apply for annual state aid the North Carolina Department of Cultural Resources, the State Library. The amount estimated for this fiscal year is $159,013 and no county match is required. Chairman Burgin presented Mr. Booker T. Williams Sr. with a proclamation celebrating his 100th birthday. Mr. Williams addressed the group. Chairman Burgin presented Mr. Ricky Temple with a Proclamation of Appreciation for the Volunteers Whose Service Enhanced the Quality of Life for Their Fellow Citizens on Smith September 19, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 4 of 8 Prince Road. Mr. Temple addressed the group and recognized the volunteers present who helped with the cleanup. Chairman Burgin recognized Mr. Tim Johnson, owner of Johnson Farm in Harnett County, for being named the North Carolina Tree Farm of the Year. Chairman Burgin also thanked everyone for their thoughts and prayers after the passing of his Mother. Chairman Burgin opened the floor for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. Elizabeth Crudup of Coats said she wanted to bring to light a horrible situation in Harnett County which is the way we treat our citizens who have developmental delays and intellectual disabilities. She also asked commissioners to please do right by the citizens when it comes to the Overhills property. Chairman Burgin asked Mrs. Crudup to follow- up with staff regarding her complaints. Faye Wilcox of 111 Steeple Chase Drive in Dunn, owner of First Step Learning Center in Lillington, expressed her appreciation and heartfelt thanks to county employees who assisted her in setting up her daycare. Cathy Callahan asked for assistance to repair Whiffin Road. She said the residents of Whiffin Road have been petitioning for assistance since 1996. Rodney Johnson, of 1202 Fairground Road in Dunn and owner of Crossway Transportation, questioned County contracts with other transportation vendors as he believes he should get more work from the County. Cris Nystrom of 391 Center Lane in Bunnlevel addressed the group. Mr. Nystrom said commissioners have to insulate the County from state and federal economic and social "buffoonery". Thomas Ellis of Coats, President of the Harnett Historical Association, asked commissioners about the Hairfield Tract in limbo. Mr. Ellis said they had all rights to do a project on that property, known as Overhills Remembrance. Chairman Burgin asked Mr. Ellis to follow up with Deputy County Manager Stewart. Commissioner Miller moved to approve the appointments listed below. Vice Chairman Springle seconded the motion which passed unanimously. ADULT CARE HOME COMMUNITY ADVISORY COMMITTEE Laurinda B. Southerland (nominated by Commissioner Miller) was reappointed to serve on this committee for a term of 3 years ending September 30, 2019. DANGEROUS DOG COMMITTEE William Vann Stephens (nominated by Commissioner Miller) was reappointed to serve on this committee for a term of three years ending August 31, 2019. HARNETT COUNTY BOARD OF ADJUSTMENT Robert E. Doberstein and Richard Cruickshank (nominated by Commissioner Miller) were reappointed to serve as alternates on this board both for a term of three years ending September 1, 2019. September 19, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 5 of 8 NURSING HOME COMMUNITY ADVISORY COMMITTEE Patricia Walker -Smith and Shirley White -McNeill (nominated by Commissioner Miller) were reappointed to serve on this committee both for a term of three years ending September 30, 2019. PEER REVIEW QUALITY MANAGEMENT COMMITTEE Harnett County Commissioner Joe Miller was designated as a representative on this committee for the EMS System Plan. Community and Governmental Relations Director Brian Haney reviewed the proposed 2016/2017 NCACC legislative priorities. Commissioners previously discussed the legislative priorities during work session. Vice Chairman Springle moved to approve the 2016/2017 NCACC legislative priorities as presented. Commissioner Elmore seconded the motion which passed 4 — 0. Development Services Director Mark Locklear petitioned the board for a public hearing regarding a proposed zoning change: Case # RZ-16-306 Landowner/Applicant: Hunters Grant, LLC / Benton Dewar, PLS; 0.6 +/- acres (out of a 262 -acre tract) Pin # 0632-56-8360; From Conservation to RA -30; Off the Intersection of SR # 1412 (Christian Light Road) & SR # 1424 (Jackson Road); Buckhorn Township. Mr. Locklear noted after a discussion about topography & FEMA floodplain location, as well as questions pertaining to future development, on September 6, 2016, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of this Rezoning application. The Planning Board also asked staff to explore opportunities for different options to determine the Conservation boundary to ensure they are correct and that the best available data is being used. Mr. Locklear noted the most of the area is currently vacant and wooded. Per the U.D.O., the purpose of the Conservation District is to encourage the preservation of the continued purposes in its natural state, and to prohibit intrusive development of the land in areas with alluvial soils, perennial streams, may contain wetlands, or that may be subject to flooding. This Conservation District is determined to be measured, linearly, 500 ft. from the normal edge of the Cape Fear River. Surrounding land uses include undeveloped land and an occasional single-family residence. Mr. Locklear stated staff's evaluation as: - The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The impact to the adjacent property owners and the surrounding community is reasonable. The existing zoning district of Conservation is to protect the natural environment as well as citizens and their property from flood hazards. However, the area requested to be rezoned is not located within any flood hazard area or noted wetlands, and should cause no harm or inconvenience to the community. September 19, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 6 of 8 The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning is compatible with the existing land use classifications of Agricultural & Rural Residential and Environmentally Sensitive Areas by using this area for an intended purpose of a single family residence without disturbing any environmentally sensitive areas. The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The area that is being requested does not lie within a flood hazard area or delineated wetlands and will not interfere with the remaining conservation area. Thus the request to rezone a very small portion of the conservation area will maintain the public health, safety and general welfare. This request is NOT for a SMALL SCALE REZONING and should not be evaluated for reasonableness. REASONING: This request does not need to be evaluated for a small scale rezoning because the area requested to be rezoned abuts RA -30 zoning. Suggested Statement -of -Consistency: Staff concludes that the requested rezoning to RA -30 is compatible with Harnett County regulatory documents and would not have an unreasonable impact on the surrounding community and will enhance the public health, safety and general welfare for the reasons stated in the evaluation. It is recommended that this rezoning request be approved. Chairman Burgin called to order a public hearing on the matter and opened the meeting for comments from the public. - Ben Dewar, the applicant/surveyor for this project, asked commissioners to consider using a contour instead of 500 feet buffer. - Jack Clayton, the land owner, spoke in favor of the rezoning request. Seeing no one else move, Chairman Burgin closed the public hearing. Commissioner Elmore moved to approve the rezoning as presented. Vice Chairman Springle seconded the motion which passed 4 — 0. Health Director John Rouse petitioned the board for a public hearing to hear comments related to the Board's August 15, 2016 adoption of a resolution of intent to sell or otherwise convey the assets used in the operation of Harnett County Home Health. Mr. Rouse noted this was a second required public hearing regarding that sale. Chairman Burgin called to order a public hearing on the matter and opened the meeting for comments from the public. Seeing no one move, Chairman Burgin closed the public hearing. Vice Chairman Springle moved to approve. Commissioner Miller seconded the motion which passed 4-0. Mr. Jeffries presented the following reports: - Harnett County Financial Summary Report — July 2016 - Harnett County Sales Tax Analysis by Article — May 2016 - Department of Public Health Activities Report — August 2016 - Development Services Report - August 2016 - Interdepartmental Budget Amendments September 19, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 7 of 8 Mr. Jeffries pointed out staff is seeing an increase in single family building permits and the number of lots approved as a preliminary subdivision; a 65% increase in activity from the previous year and most of that is taking place in the northwest part of Harnett County. Mr. Jeffries noted, regarding finances, the unaudited sales tax report shows a 26% increase over the 2015 fiscal year. He also noted the County's unaudited unassigned fund balance is 23.65 percent which should put us in a good position to deal with the 2017 property reevaluation. Chairman Burgin said he knows we are looking at putting money into our capital fund but said he would like to discuss, at an upcoming work session, putting a cap on how much our fund balance is because there is no point to keep charging people taxes to keep building that fund up. He also asked the Mrs. Honeycutt to propose goals for the other fund balances because all of those numbers are continually moving up and we need to stop putting money in those funds when they get to a certain point. Chairman Burgin called for any new business. Vice Chairman Springle asked that the Board recognize at a future meeting April Coble Eller and Coble Ski School. Vice Chairman Springle said Mrs. Eller recently won the world championship for slaloming in Spain. Commissioner Miller moved that the Board go into closed session for the following purposes: 1) To instruct the County staff concerning the position to be taken by the County in negotiating a contract for the acquisition of real property; and 2) To discuss matters relating to the location or expansion of industries or other businesses in Harnett County. This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(5)&(4). Vice Chairman Springle seconded the motion which passed 4 — 0. Commissioner Elmore moved that the board come out of closed session. Vice Chairman Springle seconded the motion which passed 4 — 0. Commissioner Elmore moved to adjourn the meeting at 8:19 pm. Vice Chairman Springle seconded the motion which passed 4 — 0. Regina eler, Clerk September 19, 2016, Regular Meeting Minutes Harnett County Board of Commissioners Page 8 of 8 Jo4e4slulwpV xel Jawline j oaN 'S V1 V1 N V c c c c 0ro o 0 IA � VI c n =.. Fp` r� m m m .�. o a o *a 0 0 0 0z to a -a a. ro :+ in o m n N ; 4/ O OC O O = in , al 3 0 '^ co 23 O M co -w o CG 3 W O o f -•1 3 ^ F c x 3. I r� re CF 3 ro �„ .� C Cruso i W - I'D T p p. m�[, SI 5;n w a m' I 3 i3 I* eb _ \ O -4 d 4 a • 13 K f1 Z Z Z Z , ; / a d i0-0000-ZIOZ-ZIOZ-ZitZ66I000 0001992412-2013-2013-0000-01 0001992412-2014-2014-0000-01 IO-0000-SIOZ-SIOZ-ZIVZ661000 I IN3IAJHDV11V O lD 00 N ut N 03 W A43. W W ry 00 A 00 V1 21f SIM31 AM3AV'321O0W 21f SIM31 A83AV'3UOOW 21f SIM31 A213AV'321O0W 21f SIM31 A213AV'3 IOOW ;unowv paalaoaa ;unowv puna 2 3 m ro 0 eD0. ATTACHMENT 2 Harnett COUNTY __ "___.. - NORTH CAROLINA RESOLUTION BE IT RESOLVED that the Harnett County Board of Commissioners does hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State's Secondary Road System the below listed street. Aspen Avenue Dul-� this 19th day of September, 2016. ATTEST: HARNETT COUNTY BOARD OF COMMISSIONERS Marg. et Regina i heeler Clerk o the Boar strong roots • new growth Jim Burgin, `0airman www.harnett.org ATTACHMENT 3 RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS TO ACCEPT A GIFT OF REAL PROPERTY FROM SHIRLEY C. WICKER THAT WHEREAS, the County of Harnett, North Carolina (the "County") is a valid 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; and WHEREAS, under the General Statutes and the common law, counties may acquire real property by gift; and WHEREAS, Shirley C. Wicker is the owner of a real property tract composed of approximately 0.577 acres which is located in Lillington Township in Harnett County contiguous to the Upper Little River which can be used as a recreation access point to the river; that Shirley C. Wicker desires to donate this real property tract to the County as a charitable gift, and the County has determined that the acceptance of this gift would be advantageous to the County and a great benefit to the citizens of Harnett County. NOW, THEREFORE, BE IT RESOLVED BY THE HARNETT COUNTY BOARD OF COMMISSIONERS AS FOLLOWS: 1. That the Board of Commissioners does hereby approve the acceptance of that General Warranty Deed charitable gift from Shirley C. Wicker as shown on the attached Exhibit “A.11 2. That the Board of Commissioners on behalf of all the citizens of Harnett County hereby extends its heartfelt thanks to Shirley C. Wicker for this generous and benevolent real property gift. 3. The Harnett County Attorney and County staff are hereby authorized and directed to prepare and record the necessary documents to effectuate the County's acceptance of this real property gift conveyance. Duly adopted this the 19th day of September, 2016. Ji urgin, Chai H;,� ett County Board of Commissioners 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 HARNETT COUNTY BOARD OF COMMISSIONERS TO ACCEPT A GIFT OF REAL PROPERTY FROM SHIRLEY C. WICKER" adopted by the Board of Commissioners of the County of Harnett, North Carolina at a meeting held on the 19th day of September, 2016. WITNESS my hand and the corporate seal of the County of Harnett, North Carolina, this the 19th day of September, 2016. MARGARET REGINA WHEELER Clerk to the Board County of Harnett, North Carolina EXHIBIT "A" Prepared by and mail to: Attorney Dwight W. Snow, P.O. Box 397, Dunn, NC 28335 EXCISE TAX: $-0- GIFT PIN No: Out of 0567-58-2669.0000 NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this day of September, 2016, by and between SHIRLEY C. WICKER, widow, of PO Box 147, Lillington, NC 27546 hereinafter called GRANTOR, to COUNTY OF HARNETT, a political subdivision of the State of North Carolina, of 102 Front St., Lillington, N.C. 27546, hereinafter called GRANTEE. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine or feminine as required by context. WITNESSETH: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Lillington Township, Harnett County, North Carolina and more particularly described as follows: SEE ATTACHED EXHIBIT "A" REAL PROPERTY LEGAL DESCRIPTION WITH RESTRICTIONS 1 All or a portion of the property herein conveyed does not include the primary residence of a Grantor. (N.C. Gen. Stat. §105-317.2). The property hereinabove described was acquired by Grantor through the Last Will of Bobby L. Wicker recorded in Harnett County File No.: 97-E-203. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: SEE ATTACHED EXHIBIT "B" TITLE EXCEPTIONS IN WITNESS WHEREOF, the Grantor has hereunto set her hand and seal, the day and year first above written. Shirley C. Wicker NORTH CAROLINA COUNTY OF HARNETT I, , a Notary Public, do hereby certify that Shirley C. Wicker personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and notarial seal, this the day of September, 2016. My Commission Expires: Notary Public 2 EXHIBIT "A" REAL PROPERTY LEGAL DESCRIPTION WITH RESTRICTIONS Beginning at an iron stake set in the eastern right of way margin of US Highway 401 (a 100 foot right of way) at a point which is the northwesternnmost corner of that 0.577 acre tract which is shown on that map recorded in Map No. 2016-110, Harnett County Registry; thence from said Beginning Point North 75 degrees 33 minutes 47 seconds East 51.15 feet to an iron stake set; thence South 14 degrees 26 minutes 13 seconds East 332.75 feet to an iron stake set; thence South 24 degrees 00 minutes 41 seconds East 152.12 feet to an iron stake set in the northern bank of the Upper Little River; thence running with the northern bank of the Upper Little River North 82 degrees 39 minutes 34 seconds West 80.86 feet to an iron stake set in the eastern right of way margin of US Highway 401; thence running with the eastern right of way margin of US Highway 401 North 14 degrees 36 minutes 35 seconds West 452.76 feet through a guardrail to the POINT OF BEGINNING containing 0.577 acre (25,166 square feet) as shown on that map dated March 2, 2016 by Benton W. Dewar, PLS which is recorded as Map No. 2016-110, Harnett County Registry. The above described real property tract is conveyed subject to the following restrictions: (a) If the Grantee should develop or use all or a portion of the above described tract, then it shall only be developed and used for public recreation purposes or as an extension of the public recreation use of the Upper Little River. (b) If the Grantee should develop all or a portion of the above described tract for any purpose set forth in restriction (a) then the Bobby L. Wicker family retains naming rights for the recreation use subject to the approval of the Harnett County Board of Commissioners. 3 EXHIBIT "B" TITLE EXCEPTIONS Tract 1: 1) Roadways and rights of way of record and those visible by an inspection of the property; including but not limited to the 100 foot right of way for US Highway 401. 2) Such facts as that an environmental study on the subject property by an environmental engineer would reveal. 3) Such facts that are disclosed by that survey map recorded in Map No. 2016-110, Harnett County Registry. 4) Riparian rights of others as to the flow of the Upper Little River. S) Any government regulations concerning that portion of the subject property located in the FEMA mapped flood plain. 6) Local government zoning/planning regulations. 7) 2016 Harnett County ad valorem taxes which will be the responsibility of the Grantor to pay when due. 4 Prepared by and mail to: Attorney Dwight W. Snow, P.O. Box 397, Dunn, NC 28335 EXCISE TAX: $-0- GIFT PIN No: Out of 0567-58-2669.0000 NORTH CAROLINA GENERAL WARRANTY DEED THIS DEED, made this d 1 S+ day of September, 2016, by and between SHIRLEY C. WICKER, widow, of PO Box 147, Lillington, NC 27546 hereinafter called GRANTOR, to COUNTY OF HARNETT, a political subdivision of the State of North Carolina, of 102 Front St., Lillington, N.C. 27546, hereinafter called GRANTEE. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine or feminine as required by context. WITNES SETH: That the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot or parcel of land situated in Lillington Township, Harnett County, North Carolina and more particularly described as follows: SEE ATTACHED EXHIBIT "A" REAL PROPERTY LEGAL DESCRIPTION WITH RESTRICTIONS 1 All or a portion of the property herein conveyed does not include the primary residence of a Grantor. (N.C. Gen. Stat. §105-317.2). The property hereinabove described was acquired by Grantor through the Last Will of Bobby L. Wicker recorded in Harnett County File No.: 97-E-203. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: SEE ATTACHED EXHIBIT "B" TITLE EXCEPTIONS IN WITNESS WHEREOF, the Grantor has hereunto set her hand and seal, the day and year first above written. Shirley C. Wi er NORTH CAROLINA COUNTY OF HARNETT 1, Jiji3O.notelc 111. Fakitt, a Notary Public, do hereby certify that Shirley C. Wicker personally appeared before me this day and acknowledged the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and notarial seal, this the aI day of September, 2016. My Commission Expires: Notary Public -1(0-0?oao 2 EXHIBIT "A" REAL PROPERTY LEGAL DESCRIPTION WITH RESTRICTIONS Beginning at an iron stake set in the eastern right of way margin of US Highway 401 (a 100 foot right of way) at a point which is the northwesternnmost corner of that 0.577 acre tract which is shown on that map recorded in Map No. 2016-110, Harnett County Registry; thence from said Beginning Point North 75 degrees 33 minutes 47 seconds East 51.15 feet to an iron stake set; thence South 14 degrees 26 minutes 13 seconds East 332.75 feet to an iron stake set; thence South 24 degrees 00 minutes 41 seconds East 152.12 feet to an iron stake set in the northern bank of the Upper Little River; thence running with the northern bank of the Upper Little River North 82 degrees 39 minutes 34 seconds West 80.86 feet to an iron stake set in the eastern right of way margin of US Highway 401; thence running with the eastern right of way margin of US Highway 401 North 14 degrees 36 minutes 35 seconds West 452.76 feet through a guardrail to the POINT OF BEGINNING containing 0.577 acre (25,166 square feet) as shown on that map dated March 2, 2016 by Benton W. Dewar, PLS which is recorded as Map No. 2016-110, Harnett County Registry. The above described real property tract is conveyed subject to the following restrictions: (a) If the Grantee should develop or use all or a portion of the above described tract, then it shall only be developed and used for public recreation purposes or as an extension of the public recreation use of the Upper Little River. (b) If the Grantee should develop all or a portion of the above described tract for any purpose set forth in restriction (a) then the Bobby L. Wicker family retains naming rights for the recreation use subject to the approval of the Harnett County Board of Commissioners. 3 EXHIBIT "B" TITLE EXCEPTIONS Tract 1: 1) Roadways and rights of way of record and those visible by an inspection of the property; including but not limited to the 100 foot right of way for US Highway 401. 2) Such facts as that an environmental study on the subject property by an environmental engineer would reveal. 3) Such facts that are disclosed by that survey map recorded in Map No. 2016-110, Harnett County Registry. 4) Riparian rights of others as to the flow of the Upper Little River. 5) Any government regulations concerning that portion of the subject property located in the FEMA mapped flood plain. 6) Local government zoning/planning regulations. 7) 2016 Harnett County ad valorem taxes which will be the responsibility of the Grantor to pay when due. 4 ATTACHMENT 4 NORTH CAROLINA HARNETT COUNTY RESOLUTION THAT, WHEREAS, David Eugene West, began his Harnett County Law Enforcement career on August 16th 1996; and WHEREAS, after twenty years of distinguished service to Harnett County, David Eugene West will retire; and WHEREAS, according to North Carolina General Statute 14-402 and 14-409.1, proper permits have been obtained (as attached) in order to receive the side arm. NOW, THEREFORE, BE IT RESOLVED by the Harnett County Board of Commissioners that David Eugene West be awarded the following service side arm for one dollar ($1.00). Glock Model 22 Serial Number NPW886. Duly adopted this f 9` day of ,Setomber , 20 Wo . HARNETT COUNTY BOARD OF COMMISSIONERS Clerk b the Board a-- Chairma