HomeMy WebLinkAbout112618wsa 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