HomeMy WebLinkAbout090523 agenda packetREGULAR MEETING
Date: Tuesday, September 5, 2023
Time: 9:00 a.m.
Location: Commissioners Meeting Room
Harnett County Resource Center & Library
455 McKinney Parkway, Lillington
Harnett County Board of Commissioners
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1.Call to order – Chairman Matthew Nicol
2.Pledge of Allegiance and Invocation – Commissioner Barbara McKoy
3.Consider additions and deletions to the published agenda .
4.Consent Agenda
A.Minutes
i.Regular Meeting Minutes of August 21, 2023
ii.Work Session Minutes of August 29, 2023
B.Harnett County Health Department requests approval of 620 ARPA COVID-19 School Health
Team Workforce funding from NC DHHS. These funds will be used to provide COVID support
and response in schools and to sustain a public health workforce which includes school nurses
and other school health professionals. Funding in the amount of $120,328 was approved in FY
22-23, and the Health Department expended $76,458 leaving a balance of $43,870. Additional
funding above the $43,870 became available in the amount of $33,642 bringing the FY 23-24
total to $77,512. The Health Department requests approval of the additional $33,642.
C.The Harnett County Public Library respectfully requests consideration of approval of the recently
updated Library Service Policy. The library plays a pivotal role in providing access to information,
promoting literacy, and fostering a sense of belonging for all residents. The existing policy has
served the library well, but given the evolving landscape of technology, community needs, best
practices, and the recent consolidation of our library system, we have undertaken a
comprehensive review and revision process to ensure that library policies remain current,
relevant, and inclusive. The proposed revision aligns with the values of our community and the
strategic goals of the county.
D.The legal department requests the approval of the land lease with leasehold improvements
between the County and Harnett Air, LLC. The annual lease amount is $8,976.80 for a period of
twenty years with three 5 year options to renew.
E.Administration requests approval of the Mid-Carolina Local Workforce Development Area Chief
Elected Official Board (CEOB) Agreement.
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F. The Harnett County Board of Commissioners reappoint John Privett to the Harnett County
District H Tourism Authority Board to serve as the Business/Tourism related voting member and
reappoint Andrew Ruhland to the Board of Adjustment as the District 2 representative.
5. Public Comment Period
Period of up to 30 minutes for informal comments allowing 3 minutes for each presentation.
6. Discuss and consider approval of a Resolution to remit outstanding water availability fees and
fines.
7. County Manager’s Report – Brent Trout, County Manager
A. Harnett County DSS Monthly Report
B. North Carolina Department of State Treasurer Retirement System Division – Contribution-Based
Benefit Cap Report.
C. Interdepartmental Budget Amendments
D. Budget Amendments – Motion to approve budget amendments as requested by the Finance
Director.
E. Tax Rebates, Refunds and Releases – Motion to approve tax rebates, refunds and releases as
requested by the Tax Administrator.
8. New Business
9. Closed Session
10. Adjourn
CONDUCT OF THE SEPTEMBER 5, 2023 MEETING
Live audio of the meeting will be streamed on the Harnett County Government’s YouTube Channel
at https://www.youtube.com/channel/UCU7mTF6HTD65x_98EhAMeMg/featured.
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Harnett County Board of Commissioners
August 21, 2023 Regular Meeting Minutes
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HARNETT COUNTY BOARD OF COMMISSIONERS
Regular Meeting Minutes
August 21, 2023
The Harnett County Board of Commissioners met in regular session on Monday, August 21, 2023
at 6:00 pm, in the Commissioners Meeting Room, Harnett County Resource Center and Library,
455 McKinney Parkway, Lillington, North Carolina.
Members present: Matthew B. Nicol, Chairman
William Morris, Vice Chairman
Barbara McKoy, Commissioner
W. Brooks Matthews, Commissioner
Lewis W. Weatherspoon, Commissioner
Staff present: Brent Trout, County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Melissa Capps, Clerk
Chairman Nicol called the meeting to order at 6:00 pm.
Commissioner Weatherspoon led the Pledge of Allegiance and provided the invocation.
Chairman Nicol recognized Representative Howard Penny.
Chairman Nicol called for any additions or deletions to the published agenda. Vice Chairman
Morris made a motion to approve the agenda as published. Commissioner Matthews seconded the
motion. The motion carried unanimously.
Vice Chairman Morris made a motion to approve the consent agenda. Commissioner McKoy
seconded the motion. The motion passed unanimously. The items on the consent agenda were as
follows:
A.Minutes
i.Regular Meeting Minutes of August 7, 2023
ii.Work Session Minutes of August 15, 2023
B.Adopt a Resolution requesting NC Department of Transportation (NCDOT) add
Curragh Cove and Alban Row in Magnolia Crest to the Secondary Road System.
(Attachment 1)
C.Adopt a Resolution requesting NC Department of Transportation (NCDOT) add
Reserve Drive and Trophy Ridge in The Reserve to the Secondary Road System.
(Attachment 2)
Item 4Ai
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Harnett County Board of Commissioners
August 21, 2023 Regular Meeting Minutes
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D. Adopt a Resolution Supporting North Carolina Department of Transportation’s
development of a project to signalize the intersection of Rawls Church Road and
Highway 401. (Attachment 3)
E. General Services/Harnett Area Rural Transit System (HARTS) requests the Board
of Commissioners consider and approve the North Carolina Department of
Transportation (NCDOT) FY2024 5311 Capital grant agreement in the amount of
$405,973; total County match is $40,598. This grant provides funding for the
Capital expenses associated with providing public transportation for the citizens
of Harnett County. The Board of Commissioners approved the application on
December 5, 2022. Approved Fiscal Year 2024 budget contains the County
match.
F. General Services/Harnett Area Rural Transit System (HARTS) requests the Board
of Commissioners consider and approve the North Carolina Department of
Transportation (NCDOT) FY2024 5311 Administrative grant agreement in the
amount of $381,250; total County match is $57,188. This grant provides funding
for the administrative expenses associated with providing public transportation for
the citizens of Harnett County. The Board of Commissioners approved the
application on December 5, 2022. Approved Fiscal Year 2024 budget contains the
County match.
G. Harnett Regional Water requests approval of multiple services contracts for FY
24 including Charles R. Underwood, Inc; Dun-Right Services, Inc; Huffstetler
Group, Inc; Clearwater Sales, Inc; and Temple Grading and Construction Co. Inc.
H. Harnett Regional Water requests approval of Write-offs for first half (two
quarters) of 2022 in the amount of $52,952.80. All these accounts have been
delinquent for more than three years. The facilitation of these write-offs is an
important step in a continuing effort to effectively manage our collections and bad
debt. HRW is currently using the Local Government Debt Setoff Program and
On-Line Collections, Inc. to help collect our delinquent accounts. We are happy
to report that we have recovered over $850,000 in bad debt previously written off
through the Debt Setoff Program.
I. The Harnett County Public Library respectfully requests permission to apply for
and if awarded, receive annual state aid from the North Carolina Department of
Cultural Resources, the State Library. The State Library appropriates funds each
year for local libraries intended to promote, aid, and equalize public library
services in North Carolina. The amount estimated for this fiscal year is $191,144.
There is no match required.
J. Solid Waste requests the approval of the contract amendment with Smith Gardner,
Inc. The contract amendment, if approved, will extend the contract for one year.
K. Parks and Recreation requests approval of the Neills Creek Park Development
Project Ordinance. The current funding of $70,000 is for the Site Master Plan and
will be funded through the Parks Capital Reserve Fund. Parks and Recreation
also requests the approval of a contract with WithersRavenel for Professional
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Harnett County Board of Commissioners
August 21, 2023 Regular Meeting Minutes
Page 3 of 7
Landscape Architecture Services. WithersRavenel will develop the Master Plan
for Neill’s Creek Park based on input from citizens, park users, adjacent schools,
and staff. The Master Plan will guide staff with future development and
renovation of the park. The Contract for Design Services is $65,000.
(Attachment 4)
L. Administration requests the Board of Commissioners approve the selection of
Moseley Architects for Department of Social Services upfit.
M. Finance requests the Board of Commissioners adopt a Resolution authorizing
investment of idle funds with NC CLASS. (Attachment 5)
N. Emergency Services is requesting the approval of the fireworks application from
Pyro East Coast, Inc. for Campbell University's football season fireworks
displays. East Coast Pyrotechnics meets all requirements and has met fire code
compliance for the event. The events will take place on 8/31, 9/23, 10/21 and
11/11.
O. Administration requests the Board of Commissioners approve an amendment to
the Comprehensive Land Use Plan contract to include Retail Strategies.
Chairman Nicol opened the meeting for informal comments by the public, allowing up to 3 minutes
for each presentation up to 30 minutes. The following people provided comments:
1. Leigh Tyndall of 3295 Old Stage Road, Erwin, NC.
2. Lane Massengill of 3298 Old Stage Road, Erwin, NC.
3. Linda McDonald of 3340 Old Stage Road, Erwin, NC.
4. Mike Mulchany of Old Stage Road, Erwin, NC.
5. Terry McLamb of 546 Greenhill Road, Franklinton, NC.
6. Elizabeth Longman of 234 Hamilton Road, Bunnlevel, NC
7. Alan Longman of 234 Hamilton Road, Bunnlevel, NC.
No one else spoke. The public comment period was closed.
Alvin McArtan provided the annual report on Sandhills Antique Farm Equipment Club.
Sarah Arbor, Planner II, Development Services petitioned the Board for a public hearing on a
proposed Zoning Change: Case # PLAN2307-0001 Landowner / Applicant: Jean & Mark
Thomas/ Andy Priolo; 7.52 +/- acres of 22.02 +/- acres; PIN # 9681-93-0580.000; Proposed
rezoning from RA-30 to the Commercial zoning district; 190 McArthur Rd., Broadway, Upper
Little River Township.
Ms. Arbor stated staff’s evaluation as:
• The impact to the adjacent property owners is reasonable. The property is located at
the intersection of US HWY 421 and McArthur Rd., which is identified as a non-
residential development node on the future land use map.
• The underlying land use for the property is Rural Center, a development node that
encourages small scale, non-residential development. The land use classification is
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Harnett County Board of Commissioners
August 21, 2023 Regular Meeting Minutes
Page 4 of 7
designed to reinforce countywide economic development goals with land use
decisions. The allowable uses in the requested zoning designation, Commercial, are
fully compatible with the existing land use classification.
• The requested zoning designation would enhance the public health, safety and general
welfare due to the potential site improvements that would be required for commercial
development.
• Due to the compatibility of the requested zoning with the underlying future land use
and the policies set forth in the Comprehensive Land Use Plan, the request does not
need to be evaluated as a small-scale rezoning.
On August 7, the Harnett County Planning Board voted unanimously (4-0) to recommend
approval of this rezoning due to compatibility with the County’s future land use plan. No one
spoke in opposition. As stated in the evaluation, the requested rezoning to Commercial is
reasonable because it is compatible with the County’s future land use plan. This intersection that
the property is located is identified as a development node which encourages small scale
commercial centers. Therefore, it is recommended that this rezoning request be APPROVED.
Chairman Nicol opened the public hearing. No one spoke and the public hearing was closed.
Vice Chairman Morris made a motion to approve the rezoning request. The motion was
seconded by Commissioner Weatherspoon and carried unanimously. (Attachment 6)
Ms. Arbor also petitioned the Board for a public hearing on proposed Zoning Change from RA-
30 to RA-20R: Case # PLAN2307-0003 Landowner / Applicant: Harriette Lee Ray/ Triangle
Land Partners, LLC.; +/- 73 acres of +/-95.9 acres; PIN# 0538-88-6399.000; Rezoning request
from RA-30 to the RA-20R zoning district; 4155 NC 27 W.; Upper Little River Township.
Ms. Arbor stated staff’s evaluation as:
• The impact to the surrounding community is unreasonable. The proposed request to
rezone could potentially allow for higher intensity uses and more residential units than
the current zoning designation permits, which could result in a greater impact on
adjacent properties.
• The requested rezoning is not compatible with the Agricultural and Rural Residential
land use classification. The Agricultural and Rural Residential land use classification
is designed to limit impacts on agricultural operations by encouraging low density
residential developments with densities of up to 1 unit per acre. The proposed rezoning
of the property would potentially allow for more residential units than what is
compatible with the underlying land use.
• The proposal does not enhance or maintain the public health, safety, and general
welfare. The proposal could potentially allow for higher intensity land uses and
residential developments with more units, which is incompatible with the established
low-density development patterns and ongoing agricultural activities in the vicinity.
• The request is not for a small scale rezoning and does not need to be evaluated for
reasonableness. The parcel is approximately 95 acres and a portion of the property is
currently located within the requested zoning district.
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Harnett County Board of Commissioners
August 21, 2023 Regular Meeting Minutes
Page 5 of 7
On August 7, the Harnett County Planning Board voted unanimously (4-0) to recommend denial
of the rezoning. The Planning Board stated that the desired minimum lot size in the requested
zoning district could be permitted in the current zoning district if the applicant developed the
property using other processes, such as utilizing the County’s Compatibility Design Concept
table or developing the property as Planned Unit Development. One citizen expressed concern
that development of the property would increase water runoff and adversely impact his adjacent
family farm, which is downhill from the subject property.
Chairman Nicol opened the public hearing and the following people spoke:
1. Scott Brown of 409 Chicago Drive, Suite 112, Fayetteville, NC.
2. Rebekah Brock of 5220 Christian Light Road, Fuquay-Varnia, NC.
3. Alan Longman of 234 Hamilton Road, Bunnlevel, NC.
4. Elizabeth Longman of 234 Hamilton Road, Bunnlevel, NC.
5. Jeffrey Walker of Lillington, NC.
Commissioner Weatherspoon asked Mr. Brown to share information regarding the requirements
to ensure surrounding properties are not damaged. Mr. Brown shared information regarding
erosion requirements and permits with NC DEQ. Additional discussion included stormwater
runoff, measures to protect surrounding properties, and distance of hog farm from the proposed
development.
No one else spoke. Chairman Nicol closed the public hearing. Commissioner Weatherspoon
stated based on the zoning for surrounding tracts of land and the fact this is split zoned, part of it
is RA-20, I make a motion to approve the rezoning to RA-20 for this tract of land. The motion
was seconded by Vice Chairman Morris. The motion carried unanimously. (Attachment 7)
Jay Sikes, Assistant Development Services Director/ Manager of Planning Services, petitioned
the Board for a public hearing on Proposed Text Amendment: Case # PLAN2307-0004
Applicant: Harnett County Development Services; Harnett County Unified Development
Ordinance; Article V. Sections 1.1.A. To amend Harnett County's UDO Use Regulations
Section. On August 7, 2023 the Harnett County Planning Board voted unanimously (4-0) to
recommend approval of this Text Amendment based on compatibility with Harnett County
regulatory documents. No one spoke in opposition.
Chairman Nicol opened the public hearing. No one spoke and the public hearing was closed.
Vice Chairman Morris made a motion to approve the text amendment and adopt an ordinance
amending the Unified Development Ordinance. The motion was seconded by Commissioner
Weatherspoon and carried unanimously. (Attachment 8)
Janice Lane, Human Resources Director, reviewed a request regarding the selection of Board of
Elections Temporary Staffing Agency for Election Workers. The Human Resources Department
is recommending the Board of Commissioners select The Greer Group as a part-time temporary
staffing agency to provide payroll services for part time seasonal election workers for the
County. The staffing agency would assume the responsibility for onboarding, payroll and
liability for any workers’ compensation claims. A RFP was placed out for bid and four (4) bids
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Harnett County Board of Commissioners
August 21, 2023 Regular Meeting Minutes
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were received. The Human Resources Department chose The Greer Group and their markup is
23.6%. The staffing agency selected currently works with another County Board of Elections so
they have experience in this area. This new process would not affect the appointment process for
the judges, the recruitment process for election workers nor would it affect the assigned location
for each election worker. In the future, the use of an outside staffing agency could also afford
the County a broader pool of election workers as the County voter population increases. The use
of an outside staffing agency for election worker activity would provide many benefits to the
County. Two significant benefits would be the reduced impact on the Human Resources staff for
onboard activity and the liability and internal control issues associated with the payment of
election workers by the Finance Department. Vice Chairman Morris made a motion to table this
item. The motion was seconded by Commissioner Weatherspoon and carried unanimously.
Vice Chairman Morris made a motion to adopt an Ordinance to amend the delegation of
contracting authority to not exceed $250,000. The motion was seconded by Commissioner
Matthews and carried unanimously. (Attachment 9)
Mr. Trout reviewed a request regarding the appointment of voting and ex-officio members to the
I-95/I-40 Crossroads of America Economic Development Alliance Board of Directors
(previously tabled from the August 1, 2023, work session). Commissioner Matthews made a
motion to remove from the table the appointment of voting and ex-officio members to the I-95/I-
40 Crossroads of America Economic Development Alliance Board of Directors. The motion was
seconded by Commissioner Weatherspoon. Commissioner Matthews made a motion to appoint
Jerry Milton as voting member to the I-95/I-40 Crossroads of America Economic Development
Alliance Board of Directors as recommended by the Harnett County Economic Development
Partnership. The motion was seconded by Commissioner Weatherspoon and carried
unanimously. Commissioner Matthews made a motion to recommend Ricky Day to serve as an
ex-officio member of the I-95/I-40 Crossroads of America Economic Development Alliance
Board of Directors. The motion was seconded by Vice Chairman Morris. Chairman Nicol asked
if there were any other nominations. As there were no other nominations, Chairman Nicol
closed nominations. Chairman Nicol called for a vote on the nomination of Ricky Day as a ex-
officio member. All members voted in favor of the nomination of Ricky Day as an ex-officio
member for the I-95/I-40 Crossroads of America Economic Development Alliance Board of
Directors. Commissioner Weatherspoon made a motion to nominate Vice Chairman Morris to
also serve as an ex-officio member for the I-95/I-40 Crossroads of America Economic
Development Alliance Board of Directors. The motion was seconded by Commissioner
Matthews and carried unanimously.
Mr. Trout shared he has hired Stephen Barrington to be the Economic Development Director for
Harnett County. Stephen is currently the Economic Development Director in Sampson County.
He has a strong history of success in each position he has held in Economic Development. He is
scheduled to start his new position on September 18, 2023. I look to forward to welcoming him
to the county at that time.
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Harnett County Board of Commissioners
August 21, 2023 Regular Meeting Minutes
Page 7 of 7
Vice Chairman Morris made a motion to approve the budget amendments as requested by the
Finance Director. The motion was seconded by Commissioner Weatherspoon and carried
unanimously. (Attachment 10)
Kimberly Honeycutt, Finance Officer, reviewed a request for approval of a Distribution Request
to draw down $9,050,342.36 from the Needs-Based Public School Capital Fund of the North
Carolina Education Lottery. These funds will be used to cover a prorated share of the expenses
incurred for the construction of the Northwest Harnett Elementary School located at 736 Rollins
Road, Fuquay-Varina. Commissioner Matthews made a motion to approve the Distribution
Request to draw down $9,050,342.36 from the Needs-Based Public School Capital Fund of the
North Carolina Education Lottery to cover a prorated share of the expenses incurred for the
construction of the Northwest Harnett Elementary School located at 736 Rollins Road, Fuquay-
Varina. The motion was seconded by Vice Chairman Morris and carried unanimously.
Vice Chairman Morris made a motion to adjourn at 7:37 pm. The motion was seconded by
Chairman Nicol and carried unanimously.
____________________________________ ___________________________________
Matthew B. Nicol, Chairman Melissa D. Capps, Clerk
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Attachment 1
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attachment 2
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Attachment3
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Attachment 4
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Attachment 5
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Attachment 6
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Attachment 7
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Attachment 8
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Attachment 9
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Attachment 10
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Harnett County Board of Commissioners
Work Session Minutes
August 29, 2023
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HARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Work Session
August 29, 2023
The Harnett County Board of Commissioners met in work session on Tuesday, August 29, 2023,
at 9:00 am, in the Commissioners Meeting Room, Harnett County Resource Center and Library,
455 McKinney Parkway, Lillington, North Carolina.
Members present: Matthew B. Nicol, Chairman
William Morris, Vice Chairman
Barbara McKoy, Commissioner
Lewis W. Weatherspoon, Commissioner
W. Brooks Matthews, Commissioner
Staff present: Dwight Snow, County Attorney
Brent Trout, County Manager
Kimberly Honeycutt, Finance Officer
Melissa Capps, Clerk
Chairman Nicol called the Harnett County Board of Commissioners meeting to order at 9:00 am.
Vice Chairman Weatherspoon led the Pledge of Allegiance and invocation.
The following agenda was before the Board of Commissioners:
1.Call to order – Chairman Matt Nicol
2.Pledge of Allegiance and Invocation – Commissioner Lewis W. Weatherspoon
3.Update on Comprehensive Land Use Plan; Coley Price, Deputy County Manager and
Stewart Engineering, Inc.
4.Discuss a request for approval of 620 ARPA COVID-19 School Health Team
Workforce funding from NC Department of Health and Human Services; John
Rouse, Health Director
5.Discuss a request for approval of the updated Library Service Policy; Angela
McCauley, Library Director
6.Discuss a ground lease with Harnett Air, LLC for a hangar at Harnett Regional
Jetport; Christopher Appel, Senior Staff Attorney
7.Discuss the Mid-Carolina Local Workforce Development Area Chief Elected
Official Board (CEOB) Agreement; Brent Trout, County Manager
8.Review applications to serve on Boards and Committees.
9.County Manager’s Report – Brent Trout, County Manager
10.September 5, 2023 Regular Meeting Agenda Review
•Upcoming meetings and invitations
•Closed Session
11.Adjourn
Item 4Aii
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Harnett County Board of Commissioners
Work Session Minutes
August 29, 2023
Page 2 of 3
Chairman Nicol shared Item 3. Update on the Comprehensive Land Use Plan Study has been
requested to be moved to the September 26th work session.
John Rouse, Health Director, reviewed a request for approval of 620 ARPA COVID-19 School
Health Team Workforce funding from NC DHHS. These funds will be used to provide COVID
support and response in schools and to sustain a public health workforce which includes school
nurses and other school health professionals. Funding in the amount of $120,328 was approved
in FY 22-23, and the Health Department expended $76,458 leaving a balance of $43,870.
Additional funding above the $43,870 became available in the amount of $33,642 bringing the
FY 23-24 total to $77,512. The Health Department requests approval of the additional $33,642.
Consensus of the Board of Commissioners was to place this item on the next consent agenda.
Angela McCauley, Library Director, reviewed a request for approval of the recently updated
Library Service Policy. The library plays a pivotal role in providing access to information,
promoting literacy, and fostering a sense of belonging for all residents. The existing policy has
served the library well, but given the evolving landscape of technology, community needs, best
practices, and the recent consolidation of our library system, we have undertaken a
comprehensive review and revision process to ensure that library policies remain current,
relevant, and inclusive. The proposed revision aligns with the values of our community and the
strategic goals of the county. Your approval of this revised library policy will enable us to better
serve our constituents, adapt to evolving needs, and continue fostering a vibrant and informed
community. Consensus of the Board of Commissioners was to place this item on the next
consent agenda.
Christopher Appel, Senior Staff Attorney, reviewed a request for the approval of the land lease
with leasehold improvements between the County and Harnett Air, LLC. The annual lease
amount is $8,976.80 for a period of twenty years with three 5 year options to renew. Consensus
of the Board of Commissioners was to place this item on the next consent agenda.
Brent Trout, County Manager, reviewed a request for approval of the Mid-Carolina Local
Workforce Development Area Chief Elected Official Board (CEOB) Agreement which includes
the addition of Moore and Montogomery Counties. Consensus of the Board of Commissioners
was to place this item on the next consent agenda.
Applications for reappointment to the Harnett County Board of Adjustment and Harnett County
District H Tourism Authority Board were reviewed. Consensus of the Board of Commissioners
was to place the reappointment of John Privett to the Harnett County District H Tourism
Authority Board to serve as the Business/Tourism related voting member and reappointment of
Andrew Ruhland to the Board of Adjustment as the District 2 representative on the next consent
agenda. Commissioner McKoy requested information regarding the Harnett County Women and
Youth Committee.
Mr. Trout shared information regarding the preparation for the potential hurricane weather
approaching this week.
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Harnett County Board of Commissioners
Work Session Minutes
August 29, 2023
Page 3 of 3
Commissioner Weatherspoon made a motion to convene into Closed Session for the following
purposes: to discuss certain personnel matters; and consultation with and instructions to the
county staff concerning the position to be taken by the county in negotiating a proposed contract
for the acquisition of real property. This motion is made pursuant to NC General Statute Section
143-318.11 (a)(6) and 143-318.11 (a)(5). Vice Chairman Morris seconded the motion. The
motion carried unanimously.
Following a motion to come of Closed Session, Chairman Nicol called the meeting back into
open session.
Vice Chairman Morris a motion to adjourn at 10:04 am. The motion was seconded by Chairman
Nicol and carried unanimously.
____________________________________ ___________________________________
Matthew B. Nicol, Chairman Melissa D. Capps, Clerk
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Board Meeting
Agenda Item
MEETING DATE: September 5, 2023
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: 620 COVID-19ARPA1SCHOOL HEALT EAM WORKFORCE
FUNDING
REQUESTED BY: J
REQUEST:
Harnett County Health Department requests approval of 620 ARPA COVID-19 School
Health Team Workforce funding from NC DHHS. These funds will be used to provide
COVID support and response in schools and to sustain a public health workforce which
includes school nurses and other school health professionals. Funding in the amount of
$120,328 was approved in FY 22-23, and the Health Department expended $76,458
leaving a balance of $43,870. Additional funding above the $43,870 became available in
the amount of $33,642 bringing the FY 23-24 total to $77,512. The Health Department
requests approval of the additional $33,642.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
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Item 4B
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Board Meeting
Agenda Item
MEETING DATE: September 4, 2023
TO: HARNETT COUNTY BOARD OF COMMISIONERS
SUBJECT: Harnett County Library System - Service Policy Revision
REQUESTED BY: Angela McCauley, Library Director
REQUEST:
FINANCE OFFICERS RECOMMENDATION:
COUNTY MANAGERS RECOMMENDATION:
The Harnett County Public Library respectfully requests consideration of
approval of the recently updated Library Service Policy.
The library plays a pivotal role in providing access to information, promoting
literacy, and fostering a sense of belonging for all residents. The existing policy
has served the library well, but given the evolving landscape of technology,
community needs, best practices, and the recent consolidation of our library
system, we have undertaken a comprehensive review and revision process to
ensure that library policies remain current, relevant, and inclusive.
The proposed revision aligns with the values of our community and the
strategic goals of the county. Your approval of this revised library policy will
enable us to better serve our constituents, adapt to evolving needs, and continue
fostering a vibrant and informed community.
Insert text here.
Item 4C
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1
SERVICE POLICY
OF THE
HARNETT COUNTY PUBLIC LIBRARY SYSTEM
Adopted by the Harnett County Library Board of Trustees
January 28, 2004
Amended by Board vote
November 21, 2016
Vision Statement
Supporting the love of reading, the joy of learning, and the search for information.
Mission Statement
In order to achieve its vision, the Harnett County Library System provides its users with the
means to meet their recreational reading interests; to continue to learn throughout their lives;
to find, evaluate, and use information in a variety of formats; to get answers to their questions;
and to enhance their formal education from preschool through high school.
This document sets forth the principles on which the Harnett County Public Library has
been constructed and the policies of operation that result from these principles.
Goal 1. Adults who use the library will have access to current and popular materials
that stimulate their thinking, satisfy their curiosities, expand their knowledge
of contemporary culture and society, and make their leisure time more
productive and enjoyable.
Goal 2. Children who use the library will have access to a current and aesthetically
pleasing collection of books that satisfy their personal reading interests.
Goal 3. Adults who use the library will have the information, resources, and
assistance they need for personal independent learning.
Goal 4. Children who use the library will develop a lifelong love of reading and
learning.
Goal 5. Library users will have access to space that facilitates a variety of activities
that meet the needs of our community.
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Goal 6. Library users will have access to programs and materials on a wide variety of
topics to address their need for ongoing educational opportunities and their
desire for personal growth.
Goal 7. Adults who use the library will have access to instruction and resources to
develop the skills needed to find, evaluate, and use information effectively in
meeting their daily needs.
Goal 8. Children who use the library will have access to instruction and resources to
develop the skills needed to find, evaluate, and use information effectively in
meeting their school-related needs.
Goal 9. Library users will be able to get answers to their questions on a broad array
of topics.
Goal 10. Children who use the library will have the information, resources, and
assistance they need to achieve success in their schooling.
Goal 11. Children who use the library will be supported in the development of the
skills, interests, and passions necessary to succeed in school and other
learning activities.
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I. GENERAL LIBRARY OBJECTIVES
In order to achieve these goals, the general objectives of the Harnett County Public
Library shall be as follows:
A. To assemble, preserve and make accessible, in organized collections, books and
related educational and recreational materials in order, through guidance and
stimulation in the communication of ideas, to enlighten citizens and enrich their
personal lives.
B. To serve the community and county as a center of reliable information.
C. To provide local government officials with information and to perform research as
needed.
D. To serve as a center for local history and the preservation of local archives in a
variety of forms.
E. To provide a place where inquiring minds may find opposing views on controversial
subjects. The library does not promote any particular belief or view, but it should
provide a resource where the individual can freely examine both sides on
controversial issues or ideas and make his or her own decisions.
F. To support educational, civic and cultural activities of groups and organizations.
G. To provide opportunity and encouragement for all to continually educate
themselves.
H. To seek continually to identify community needs, to provide programs of service to
meet such needs, and to cooperate with other organizations, agencies and
institutions which can provide programs or services to meet community needs.
I. To provide opportunity for recreation and cultural entertainment through the use of
literature, music, films and other art forms.
II. WHO MAY USE THE LIBRARY
The library will provide its services to all residents of Harnett County in the main library
in Lillington and the municipal libraries and the Outreach Services van. Membership will not be
denied or abridged because of religious, racial, social, economic or political status. Library
materials may be borrowed by any resident of Harnett County. Persons residing outside the
county but owning property, employed, or attending an educational institution in the county
shall have the same status as residents. Persons residing in contiguous counties may also have
membership privileges at the library.
Specifications concerning library use are included in the Harnett County Public Library
Procedures Manual.
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III. SERVICE STANDARDS FOR THE HARNETT COUNTY LIBRARY
The library will attempt to provide enough materials to make it a reliable and
dependable source of information and recreation for the people of Harnett County. Books and
non-book materials such as periodicals, documents, etc. shall be provided in adequate supply
and be of high quality.
The library will keep informed of other available resources of books and other materials
in the area in order to avoid unnecessary duplications.
The library will not attempt to furnish materials needed for formal courses of study
offered by elementary and secondary schools and by institutions of higher learning. The public
library has materials for individual programs of study but is not equipped to furnish research
and professional journals required for most academic study.
All library materials will circulate except for the reference collection, local history
materials reserved for library use only, and certain audio visual equipment.
In accordance with its sincerely held objective of providing equal service to all, this
library subscribes to the Library Bill of Rights
(http://www.ala.org/advocacy/intfreedom/librarybill) of the American Library Association and
to the Freedom to Read
((http://www.ala.org/advocacy/intfreedom/statementspols/freedomreadstatement) statement
adopted by the American Library Association.
IV. SELECTION POLICIES
The Harnett County Public Library selects, without bias or limitation on the right to
know, a comprehensive collection of print, non-print and electronically accessed materials to
meet the informational, educational, recreational, and cultural needs of all citizens of Harnett
County. The Library offers wide-ranging collections to meet the various ages, interests,
educational and reading levels, and cultural backgrounds of its citizens. The Library provides
collections through which an individual may explore all points of view and issues of interest.
Patron use is the most powerful influence on the Library’s collection. Circulation, patron
purchase requests and holds levels are all closely monitored and may result in the purchase of
new items and additional copies of high demand items.
Selection of books and all non-book library materials is the culmination of a process that
begins with suggestions from staff and patrons and with recommendations made in the
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professional literature. While the ultimate responsibility for selecting materials for the Library
rests with the Director, selection responsibilities may be delegated to appropriate professional
staff members. Suggestions from the general public are encouraged and are evaluated by the
staff based on the Library’s criteria for selection.
There is no single standard that can be used to evaluate all the types of materials
included in the Library’s collections. Each type of material will be evaluated in terms of its own
qualities and merit for the collections. All works by an individual author may not be considered
for purchase.
Collection Development staff use their training, knowledge, and expertise along with the
following general criteria to select materials for the collection:
• Relevance to interests and needs of the community
• Authority or significance of the author/producer/publisher of the work with
preference given to titles vetted in the edited and publishing industry (training,
competence, reputation, other contributions)
• Content of the work (objectivity, accuracy, and timeliness of information and data)
• Value (permanent, current, temporary, educational, recreational)
• Suitability of format for Library use (size, paper type, print, binding)
• Extent of publicity, critical review, and current or anticipated public demand and its
nature
• Local significance of the author or subject
• Price, availability, and Library materials budget
• Relative importance in comparison with existing materials in the collection on the
same subject
• Suitability of subject, style, and level for the intended audience
• Availability and suitability of format
• Favorable reviews in professionally recognized sources
• Date of publication
All criteria need not be met for purchase consideration.
Professional and specialized materials, such as legal, medical, and religious works are
purchased if they are shown to be of general interest. The Library does not purchase textbooks
or educational curriculums. Textbooks may be added to the collection if they provide the best
or only source of information on a subject, or to complement an existing area with another
perspective.
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A. Self-Published Works
Self-published books are considered on a case-by-case basis, when they fit the scope of
the Library’s collection and meet our selection criteria as outlined above. A positive
review in one or more of the major review journals, such as Library Journal, School
Library Journal, Kirkus Reviews, Booklist, and/or Publisher’s Weekly is the best way to
bring a title to the Library’s attention. Library staff is more likely to consider the addition
of a self-published book if it has been reviewed in a major journal.
B. Periodicals
Periodicals are added to the collection on the basis of relevance and community
interest.
C. Technology
Technology is selected upon usefulness, interest, permanence, and the broadness of its
implications and performance.
D. Audiovisual Material
Audiovisual material is added to the Library’s collection with consideration to patron
demand and budget constraints. The Library acquires this material primarily in the most
popular format.
V. BOOK CENSORSHIP POLICY
The Library Director and staff attempt to choose the best materials available. The
Harnett County Public Library subscribes to the Freedom to Read Statement prepared by the
American Library Association and the American Book Publishers’ Council.
All library patrons shall have full access to the library collection. Library personnel may
attempt to dissuade a young patron who has chosen a book obviously beyond his or her
comprehension, but if that young patron insists upon checking out that specific book, the
library staff member cannot be held responsible in any way.
Library materials are not marked or identified to show approval or disapproval of the
contents, and no materials will be sequestered except for the express purpose of protecting
that material from mutilation or theft. Responsibility for the reading material of minors rests
solely with their parents or legal guardians. Selection of adult materials will not be limited by
the possibility that they may come into the possession of minors.
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VI. GIFTS TO THE LIBRARY
Gift material will be accepted with the understanding that the books or materials may be added
to the collection, sold, exchanged, given to other libraries, or discarded. The Library will not
discriminate among its citizens on the basis of race, sex, or religion in the acceptance or
administering of gifts. Gift items will be added to the collection in normal sequence because
separate collections limit use by the public and complicate the location of materials. Gift items
will be acknowledged and may be designated by a bookplate if so desired.
• RESTRICTED GIFTS are those to which the donor has attached terms, conditions, and
purposes. These may be quite specific, such as in the case of funds “for the purchase
of the 1900 Census for North Carolina” or very general, as “for books on CD”.
• NONRESTRICTED GIFTS are those to which the donor has not attached terms,
conditions, or purposes.
It is the prerogative of the library to accept or reject any gift. Gifted cash may be spent without
budgeting or appropriation. If restricted, a check or cash must be spent according to the
donor’s conditions. If not restricted, gifted cash may be spent on authorization of the Library
Board of Trustees within the scope of its statutory authority for any library need, in accordance
with Harnett County’s policy regarding gifts.
VII. COLLECTION MAINTENANCE
Harnett County Public Library recognizes the need for continuous evaluation of its
collections in response to the changing nature and needs of the community it serves. This
necessary collection maintenance is accomplished through the deaccessioning, replacement,
and duplication of its titles. For more details, see the Procedures Manual.
VIII. POLICIES ON AUDIOVISUAL MATERIALS
The Harnett County Public Library attempts to maintain a balanced supply of audiovisual
materials. Audiovisual material is added to the Library’s collection with consideration to patron
demand and budget constraints. The Library acquires this material primarily in the most
popular format. The Harnett County Public Library System subscribes to the American Library
Association’s Freedom to View policy statement. This includes videos, audiobooks, DVDs, and all
other formats.
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APPENDIX I
PHYSICAL FACILITIES
A. To achieve the goal of good library service, the Board of Trustees accepts the
responsibility to strive for public library building facilities that adequately meet the
physical requirements of modern, aggressive library service: such facilities offer the
community a compelling invitation to enter, read, look, listen, and learn. Each
building or outreach vehicle must fit an expanding program of library services.
B. The Board of Trustees will recommend acquisition of sites and/or new facilities only
after:
1. they have adopted a service program
AND
2. the Library Director has written an outline of the community's library building
needs.
C. The Board of Trustees accepts the responsibility to see that funds are obtained for
needed facilities.
D. The Library Director, the architect, the Board of Trustees, and county
commissioners--as a planning team with the assistance of consultants--will endeavor
to plan facilities to meet recognized standards and needs of the community.
E. Meeting rooms in the library may be reserved for use by educational, civic, cultural,
business, and government groups. Neither admission fee nor any sales recruitment
is allowed. The specific rules regarding the meeting room are set forth in the
Harnett County Public Library Procedures Manual.
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APPENDIX II
LIBRARY PERSONNEL
The personnel policies that appear in the Personnel Ordinance apply to all employees of
Harnett County. See the staff handbook training manual for detailed up-to-date job
descriptions, classifications, recommendations, and details of library routine, as well as job pay
range guidelines.
STAFF AND BOARD RELATIONSHIPS
The library Board of Trustees has official authority to supervise and formulate policies
for the library. The Board delegates to the Library Director the administrative responsibility of
the library and all its services. The Library Director serves as the liaison between the county
manager, county commissioners and county library Board of Trustees and the library staff. The
Library Director is responsible for determining the needs of the library public by regularly
undertaking a planning process to set goals and objectives. The Library Director serves as
secretary for the county library Board of Trustees, which meets quarterly, or as needed.
The Board, consisting of nine members plus the representative from the county
commissioners, actively assists in the preparation of the budget. The Board periodically reviews
and adopts library policies and makes recommendations regarding staff. The Library Director
assumes full responsibility for the staff of the library. With advisement from the county
manager, the Library Director has authority to hire and dismiss personnel. No important library
business shall be transacted between any individual member of the staff and the county library
Board or the county commissioners without the knowledge of the Library Director.
RELATION TO GOVERNMENT OFFICIALS AND FINANCIAL SUPPORT
The library Board of Trustees recognizes that adequate financial support is basic for
good library services; and as the legally appointed governing board, it accepts the responsibility
for securing this support.
The library Board of Trustees also acknowledges its responsibility to make periodic
reports to the governing officials. These reports will cover services rendered and will include
new services for which need is recognized. The Library Director monitors the budget using the
county automated finance system.
Authority delegated by the government unit to the library Board will not be relinquished
because of political or financial pressure; nor will it be used in a high-handed and arbitrary
manner by the library Board.
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The following authorities have been officially delegated to the library Board of Trustees:
1. to formulate and adopt programs, policies, and regulations for the government of
the library;
2. to make recommendations to the governing body concerning the construction and
improvement of buildings and other structures for the library system;
3. to supervise and care for the facilities of the library system;
4. to advise the county personnel committee in the appointment of a chief librarian or
director of the library system. If some other body or official is to appoint the chief
librarian or Director of library services, to advise that official body concerning that
appointment;
5. to establish a schedule of fines and charges for late return of, failure to return,
damage to, and loss of library materials, and to take other measures to protect and
regulate the use of such materials;
6. to participate in preparing the annual budget of the library system;
7. to extend the privileges and use of the library system to nonresidents of the county
on any of the conditions the board may prescribe;
8. to otherwise advise the board of commissioners on library matters.
The Board of Trustees shall make an annual report on the operations of the library to
the Harnett County Commissioners and shall make an annual report to the North Carolina State
Library as required by G.S. 125-5. If the Board of Trustees is abolished, the County
Commissioners shall make the annual report to the State Library.
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APPENDIX III
POLICY ON THE DISPLAY OF POSTERS,
PAMPHLETS, AND FLYERS
The library is a public forum for ideas and information. Because access to information is
fundamental to our social, political and cultural heritage, the library holds the position that
posters, pamphlets and flyers should be permitted whenever possible, in the designated display
areas.
Regulations regarding the posting of information are set forth in the Harnett County
Public Library Procedures Manual.
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APPENDIX IV
POLICY ON UNATTENDED CHILDREN AT CLOSING TIME
Library Staff will exercise appropriate procedures when the library is closing to ensure
the safety of unattended children fifteen years and younger. (See the Harnett County Public
Library Procedures Manual). See also the SAFE CHILD POLICY in Appendix VIII of this document.
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APPENDIX V
ACCESS TO CIRCULATION RECORDS
The library will protect, as far as possible, the privacy of any patron who uses the library
and not make any inquiry into the purposes for which a patron requests information or books.
Records which may be required in lending books or answering reference questions are for the
sole purpose of protecting public property. Under no circumstances shall the staff of the library
ever answer to a third party about what a patron of the library is reading or calling for from the
library's collection. Furthermore, it is the policy of the library not to yield any information
about its patrons or their reading to any agency of government, whether local, state, or federal,
without an order from a court of competent jurisdiction.
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APPENDIX VI
DISRUPTIVE BEHAVIOR POLICY
It is the policy of the Harnett County Public Library to offer the full range of library
service to all residents of the community, regardless of age, sex, racial or ethnic origin, religion,
economic status, etc. It is the intent of the library to provide its services with a minimum of
regulations and restrictions, adopting only those which are absolutely essential to the library's
operation.
The library recognizes that the users of the library are in fact the owners of the library.
As user/owners, the public has certain expectations of the library. These include an
outstanding collection of library materials; pleasant, attractive surroundings; and courteous,
efficient, and effective service from the staff. Library users have a right to assume that visits to
the library will be free from harassment; free from physical discomfort and danger; free from
psychological and emotional stress.
The library staff has the same rights. Each member of the staff should be able to do
his/her work free of harassment, abuse, discomfort, and undue psychological stress.
The rights of both the public and the staff are sometimes violated by the attitudes and
behavior of a very small minority of persons.
THEREFORE, it is the policy of the Library Board of Trustees to support the library staff in
their efforts to maintain in the library system a quiet, pleasant environment conducive to
serious study as well as casual use. To ensure the successful implementation of this policy, the
board holds that the following are examples of unacceptable behavior:
1. Harassment of patrons or staff, whether physical, sexual, verbal, or otherwise.
2. Engaging in disorderly conduct, committing a nuisance, panhandling in the library or
on library property, or unreasonably disturbing library users.
3. Obscene or abusive language.
4. Following staff or users around the building, or other harassing behavior such as
staring or other intimidating acts.
5. Carrying unauthorized weapons of any sort.
6. Use of laptops, CD-players, mobile phones, etc., if not using headphones.
7. Willful destruction of or damage to any library property.
8. Blocking or in any way interfering with the free movement of any person or persons.
9. Bringing animals other than service dogs into the building.
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10. Consumption of food or drink in any public-access area unless the Director has
specifically authorized it.
11. Removal of any library property from the building without authorization through
established lending procedures.
12. Soliciting or sales of any kind.
13. Distribution of leaflets or posting of notices in areas not authorized for this purpose.
14. Use of library telephones not authorized by library personnel.
15. Unauthorized rearranging of any library furniture or equipment from one location to
another.
16. Loud conversation, laughter, or other disturbances (for example: crying babies),
which is disturbing to other users.
17. Engaging in disorderly conduct, committing a nuisance, or unreasonably disturbing
and offending library users.
18. Smoking anywhere in or within 50 feet of the building.
19. Violation of Internet Policies and Procedures.
20. Failure of patron to wear proper attire at all times in the library building. Shirts and
shoes are required.
The following violations of the Disruptive Behavior Policy will result in law
enforcement being called and the immediate banning from the library:
• Any situation that poses a threat to staff or library patrons
• Assaulting or threatening staff or patrons
• Willful destruction or theft of library property
• Improper interference with library employee performance of duties or other
harassing behavior that constitutes an actual or imminent disruption or disturbance
to either library employees or patrons
• Fighting (all parties)
• Dispensing chemical or noxious substance, including but not limited to:
o pepper spray
o stink bombs
o fireworks
o mace
o tear gas
• Selling legal or illegal drugs
• Solicitation of sexual acts
• Posing chronic behavior problems
• Illegal drugs use
• Any illegal acts or conduct in violation of a federal, state, or local law, ordinance, or
regulation
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Incidents of unacceptable behavior may result in one or more of the following actions:
• Oral warning
• Written warning
• Immediate dismissal or banning from the library in which the behavior occurred
The penalty will be decided by the management of the individual library.
Disruptive behavior meeting the criteria of immediate banning will be enforced at all
Harnett County Public Libraries and Affiliate Libraries. The management of the Branch will:
• Send the patron a form letter
• Change the account information to indicate that the patron is banned
• Notify each Affiliate Library
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APPENDIX VII
OUTREACH SERVICE POLICY
The purpose of the outreach program is to provide basic public library services to
individuals confined to their homes, nursing facilities and day care centers and who are unable
to come to the county library or municipal libraries in the county.
OUTREACH SERVICES
Services include programming for preschool children in childcare centers, registering
library users, lending materials, readers advisory service, very general reference service, and
reserves.
ADMINISTRATION
The Outreach Service operates as a part of the Harnett County Public Library System
under the direct supervision of the Director of the Harnett County Library.
Recipients of the outreach service may include:
o childcare centers
o nutrition sites
o nursing homes
o homebound citizens
Outreach Services are provided by the Harnett County Public Library to the homes of persons
who meet the criteria for homebound service as established by the Harnett County Public
Library Board of Trustees. These criteria are similar to those of other counties, as well as to the
Medicare Home Health restrictions and the Meals on Wheels guidelines.
A recipient of this service must meet one of the following conditions:
1. He/she must have a condition resulting from an injury or illness restricting his ability
to leave the residence except with the aid of supporting devices or the assistance of
another person, or he/she has a condition which is such that it is medically
contraindicated.
2. He/she must be a senior citizen (age 60 or older) who has no other means of getting
to a library facility.
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3. He/she may need temporary homebound service; such will be provided to persons
who are suffering from extreme weakness after surgery or illness. These persons
must be incapacitated for at least six weeks.
Exceptions to these conditions will be considered on a case-by-case basis by the
Outreach Library Assistant and the county Library Director.
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APPENDIX VIII
SAFE CHILD POLICY
STATEMENT OF POLICY
During his entire visit to the library, a child seven years of age or younger must be
accompanied by a parent, legal guardian, or adult of at least 16 years of age who acknowledges
responsibility for the child. These parents and/or adults are responsible for their children's
behavior while in the building.
PHILOSOPHY BEHIND THE SAFE CHILD POLICY
The Harnett County Public Library welcomes children of all ages. It is a doorway through
which life-long learning takes place. The public library is however, a public building. As such,
anybody can come into it--law abiding or otherwise.
Library staff have many duties to perform in order to serve all citizens of Harnett
County. They cannot monitor the behavior or whereabouts of any patron, including children.
Staff does not take over parental responsibilities for children who come into the library.
A child could be tempted to go off with a stranger. A child could become ill. A child
could get lost. Any of these or other emergencies could take place in a public building. It is for
the safety of each child that the Harnett County Library has adopted this Safe Child Policy.
The safety of children left alone in the Library is of serious concern to Library staff.
Parents and guardians, not Library staff, are responsible for the care, behavior and supervision
of their children while using the Library and on its property. Library staff cannot be responsible
for children who are unattended or demonstrating inappropriate behavior. Children in the
Library should always be accompanied by a parent, legal guardian, or assigned caregiver of at
least 16 years of age who acknowledges responsibility for the child, according to the guidelines
listed below.
1. Children ages 7 and under must be supervised by a parent/caregiver who must remain
in the immediate vicinity of the child(ren) at all times.
2. Children ages 8-12 must have a parent/caregiver in the Library building with them at all
times, though the assigned caregiver does not have to be in the immediate vicinity of the
child(ren).
3. Children ages 13 and older may use the Library on their own, provided they comply with
all Library rules and policies. All children should have the telephone number of a
parent/caregiver who could assist them in an emergency.
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4. Children 12 years or younger who are attending a Library program need not be
accompanied into the program by a parent/caretaker, unless otherwise indicated.
Parents/caretakers must, however, be present in the building during the Library program in
case an emergency should arise.
5. Parents are advised that, even in their absence, they are legally responsible for their
child’s behavior while using the Library and on its property. The Library is not responsible for
an unattended child while that child is in the building, on the premises, or if they leave the
Library property.
VIOLATION OF THE SAFE CHILD POLICY CONSTITUTES GROUNDS FOR SUSPENSION OF
LIBRARY PRIVILIGES FOR THE ENTIRE FAMILY.
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APPENDIX X
HOLIDAY WEEKEND CLOSING POLICY
Because, unlike most other departments of county government, the library is open on
weekends and the county-declared holidays do not account for weekend days, the following
closing policy shall apply.
Weekend Days Closed:
The Library will observe the same holidays as other county offices. In addition, if a holiday falls
on Friday or Monday, and it is observed on Friday or Monday, the library will also be closed on
Saturday; the only exception is Thanksgiving Saturday when the library will be open.
Closing Time:
The Library will close at 5:30 p.m. on the following days:
o Thanksgiving Eve
o Christmas Week (if Christmas falls on Sunday, it will be the week before Christmas)
o New Year’s Eve (if it falls on a week day)
(This policy will only apply to the County Headquarters Library. Hours at branch libraries will
vary depending upon external factors and staffing.)
Main Branch (Lillington)
Monday – Thursday 9AM – 8PM
Friday 9AM – 5PM
Saturday 9AM – 1PM
Anderson Creek
School Year Hours
Tuesday & Thursday 4PM – 8PM
Saturday 10AM – 2PM
Anderson Creek
Summer Hours
(subject to change)
Monday & Tuesday 3PM – 7PM
Wednesday, Thursday, Saturday 10AM –
2PM
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OTHER LIBRARY POLICIES
All persons are subject to the POLICIES AND PROCEDURES of the library that are posted
in the library.
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SERVICE POLICY OF THE
HARNETT COUNTY PUBLIC
LIBRARY SYSTEM
Adopted by the Harnett County Library Board of Trustees
January 28, 2004 July 26, 2023
Amended Adopted by Board vote
November 21, 2016 TBD
Contents
I. Summary of Goals and Objectives
II. Borrowing Policy
a. Library Cards
b. Circulation
1. Renewals
2. Fines and Fees
III. Library Services
a. Reference Services
b. Printing, Copying, Scanning, and Faxing
c. Outreach Services
1. Homebound Outreach Criteria
d. Interlibrary Loan (ILL)
e. Hours of Operation
1. Holiday Hours
IV. Collection Development
a. Support for Intellectual Freedom
b. Selection Criteria
c. General Criteria
d. Content Criteria
e. Special Considerations
1. Electronic Information
2. Textbooks
3. Self-Published Works
f. Selection of Materials on Controversial Topics
g. Collection Maintenance and Deselection
h. Reconsideration
i. Scope of Collection
V. Gifts and Donations
VI. Internet Use & Library Devices
a. Public Computer Access
b. Wireless Internet Access
c. Content Filtering
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d. Patron Responsibilities
e. Parent and Guardian Responsibilities
f. Privacy
g. Limitation of Liability
VII. Library Staff and Board of Trustees
a. Staff and Board Relationships
b. Relation to Government Officials and Financial Support
VIII. Code of Conduct
IX. Safe Child Policy
a. Unattended Child
b. Emergencies
X. Meeting Spaces
a. Allowed Types of Use
b. Prohibited Types of Use
c. Guidelines for Meeting Space Use
XI. Community Information
XII. Privacy Policy
a. What Information Does the Library Collect?
b. Who Has Access to Data?
c. Library Materials and Borrowing History
d. Public Computers and Wireless Network
e. Surveillance Cameras
f. Library Website
1. HTTPS
2. Cookies
3. Non-Library Websites
g. Data and Network Security
h. Children’s Privacy
i. Third-Party Vendors
Appendix I: Request for Consideration of Library Material Form
Appendix II: Request for Consideration of Material Not Held Form
Appendix III: Memorial/Honor Donation Form
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Vision Statement
Supporting the love of reading, the joy of learning, and the search for information, ideas, and
knowledge.
Mission Statement
In order to achieve its vision, tThe Harnett County Library System’s (the “Library”) provides its
users with the means to meet their recreational reading interests; to continue to learn
throughout their lives; to find, evaluate, and use information in a variety of formats; to get
answers to their questions; and to enhance their formal education from preschool through high
school. Mission is to cultivate lifelong learning, empower individuals, and strengthen our
community.
This document sets forth the principles on which the Harnett County Public
Library has been constructed and the policies of operation that result from these
principles.
I. Summary of Goals and Objectives
The following are the library’s goals and objectives as established in the 2018-2023 Harnett
County Public Library Master Plan:
Goal 1.
Adults who use the library will have access to current and popular materials
that stimulate their thinking, satisfy their curiosities, expand their knowledge
of contemporary culture and society, and make their leisure time more
productive and enjoyable.
Empower the economic development, student success, and personal
growth of our communities.
a. Strengthen support for our entrepreneurs, workforce, and job seekers
b. Partner with local schools to enhance young people’s 21st-century
literacy and life skills
c. Fuel our county’s passion for reading, personal growth, and learning
Goal 2.
Children who use the library will have access to a current and aesthetically
pleasing collection of books that satisfy their personal reading interests.
Create consistently exemplary patron experiences
a. Consolidate the county’s branches into a unified library system
b. Provide more hours of library access across the county
c. Develop county-wide programming for children, teens, and adults
d. Bring library resources to where people are
Goal 3.
Adults who use the library will have the information, resources, and
assistance they need for personal independent learning.
Create library spaces that are welcoming to all
Commented [JRC1]: Will need to be updated when 2024-
2029 MP is complete
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a. Enhance the library grounds, buildings, and interiors
b. Grow collections of materials of cultural relevance and significance
c. Configure spaces to provide flexible learning environments equipped
with cutting-edge technology
d. Develop a Western Harnett Library branch
Goal 4.
Children who use the library will develop a lifelong love of reading and
learning.
Develop and build strategic collaborations to strengthen the library and
our communities
a. Partner with county government and organizations to develop a “one-
stop shop” for patrons
b. Identify additional outreach venues through partnerships
c. Seek collaborative opportunities to showcase the best of our
community
Goal 5. Library users will have access to space that facilitates a variety of activities
that meet the needs of our community.
Build a collaborative and supportive work environment that encourages
innovation
a. Build library staff and institutional capacity to innovate
b. Challenge employees to respond creatively to library opportunities
and challenges
c. Utilize rigorous analysis of user data to provide a positive patron
experience
Goal 6.
Library users will have access to programs and materials on a wide
variety of topics to address their need for ongoing educational
opportunities and their desire for personal growth.
Goal 7.
Adults who use the library will have access to instruction and
resources to develop the skills needed to find, evaluate, and use
information effectively in meeting their daily needs.
Goal 8.
Children who use the library will have access to instruction and
resources to develop the skills needed to find, evaluate, and use
information effectively in meeting their school-related needs.
Goal 9.
Library users will be able to get answers to their questions on a broad
array of topics.
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Goal 10.
Children who use the library will have the information, resources, and
assistance they need to achieve success in their schooling.
Goal 11. Children who use the library will be supported in the development of
the skills, interests, and passions necessary to succeed in school and
other learning activities.
VIII. GENERAL LIBRARY OBJECTIVES
In order to achieve these goals, the general objectives of the Harnett County
Public Library shall be as follows:
A. To assemble, preserve and make accessible, in organized collections, books
and related educational and recreational materials in order, through guidance
and stimulation in the communication of ideas, to enlighten citizens and enrich
their personal lives.
B. To serve the community and county as a center of reliable information.
C. To provide local government officials with information and to perform research
as needed.
D. To serve as a center for local history and the preservation of local archives in
a variety of forms.
E. To provide a place where inquiring minds may find opposing views on
controversial subjects. The library does not promote any particular belief or
view, but it should provide a resource where the individual can freely examine
both sides on controversial issues or ideas and make his or her own
decisions.
F. To support educational, civic and cultural activities of groups and
organizations.
G. To provide opportunity and encouragement for all to continually educate
themselves.
H. To seek continually to identify community needs, to provide programs of
service to meet such needs, and to cooperate with other organizations,
agencies and institutions which can provide programs or services to meet
community needs.
I. To provide opportunity for recreation and cultural entertainment through the
use of literature, music, films and other art forms.
II. Borrowing Policy
a. Library Cards
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IX. WHO MAY USE THE LIBRARY
The library Harnett County Public Library will provides its services to all residents of
Harnett County. in the main library in Lillington and the municipal libraries and the Outreach
Services van. Membership will not be denied or abridged because of religious, racial, social,
economic or political status age, sex, ethnicity, religion, race, identity, or economic status.
Library materials may be borrowed by any resident of Harnett County. Persons residing
outside the county but owning property, employed, or attending an educational institution
in the county shall have the same status as residents. Persons residing in contiguous
counties may also have membership privileges at the library.
Any person meeting any of the following qualifications may obtain a free library card by visiting a
Harnett County Public Library location:
● Resident of Harnett, Chatham, Wake, Johnston, Sampson, Cumberland, Moore or Lee
counties
● Owner of property in Harnett County
● Person employed in Harnett County
● Student attending school in Harnett County
Current proof of residency is required, typically in the form of federal, state, local government or
school photo ID. If the photo ID does not show a current address, a second document showing
proof of residency must be provided. Acceptable proof of residency documents may include a
utility bill, a signed lease agreement, a checkbook, or any postmarked piece of mail showing the
individual’s name and address.
Children under the age of 16 must be accompanied by a parent or guardian in order to obtain a
library card. Parents and guardians assume responsibility for the borrowing activities of the
children they register.
The initial library card issued to a patron is free. Any replacement card is $1.00.
b. Specifications concerning library use are included in the
Harnett County Public Library Procedures Manual. Circulation
The following outlines loan periods for materials:
Type of Material Loan Period Renewals
Books and Audiobooks 21 days 2 renewals
DVDs, BlueRay disks and
periodicals
7 days Not renewable
Additional material types may be available for lending, including technology, kits, and
equipment. These materials may have varying loan periods and policies that are specific to the
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owning library branch. Patrons are encouraged to contact their local library for details and
restrictions.
Technology hardware such as hotspots and laptops may be disabled when overdue.
1. Renewals
Renewals will not be processed for materials that are:
● On hold for another patron
● Checked out to an account with outstanding fines and/or lost items
2. Fines and Fees
Harnett County Public Library does not charge fines for materials that are returned after their
due date. However, borrowed materials are considered lost when they are more than 30 days
overdue. The charge for any lost library material is the cost of the material. Lost item charges
are removed if the lost item is returned in usable condition. Payments for lost items that are later
returned are not refunded.
The charge for damage to library material is determined as fairly as possible, usually after some
research.
X. SERVICE STANDARDS FOR THE
HARNETT COUNTY LIBRARY Library Services
III.
The library Harnett County Public Library will attempt to provides enough materials to
make it a reliable and dependable source of information and recreation for the people of Harnett
County. Books and non-book materials such as periodicals, documents, etc. shall be provided
in adequate supply and be of high quality. materials, services, and programs that support the
library’s mission to cultivate lifelong learning, empower individuals, and strengthen our
community.
The library will keep informed of other available resources of books and other
materials in the area in order to avoid unnecessary duplications.
The library will not attempt to furnish materials needed for formal courses of
study offered by elementary and secondary schools and by institutions of higher
learning. The public library has materials for individual programs of study but is not
equipped to furnish research and professional journals required for most academic
study.
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All library materials will circulate except for the reference collection, local history
materials reserved for library use only, and certain audio visual equipment.
In accordance with its sincerely held objective of providing equal service to all,
this library subscribes to the Library Bill of Rights
(http://www.ala.org/advocacy/intfreedom/librarybill) of the American Library Association
and to the Freedom to Read
((http://www.ala.org/advocacy/intfreedom/statementspols/freedomreadstatement)
statement adopted by the American Library Association.
a. Reference Services
Reference services are intended to provide assistance on a specific topic such as job searching,
reading recommendations, research, and technology. Any library patron may access these
services, regardless of whether they disclose their reason for requesting them. There is no fee
for reference services.
Patrons requiring extended assistance with a topic are encouraged to arrange a one-on-one
“Book-A-Librarian” appointment with a member of the library’s reference staff. Book-A-Librarian
sessions may not exceed one hour unless otherwise arranged with staff. Sessions must be
scheduled at least 24 hours in advance and are dependent upon staff availability. Patrons are
expected to arrive on time for their scheduled sessions. Consistent tardiness and/or
cancellations without advance notice may result in Book-a-Librarian privileges being revoked.
Staff may not always be able to provide assistance on a particular topic. Staff does not provide
medical, legal, financial, advanced technical, or business advice or opinions.
b. Printing, Copying, Scanning, and Faxing
Printing, photocopying, flat-bed scanning, and faxing services are available for public use. Fees
for services are as follows:
Printing and Copying
8.5x11” and 8.5x14” black and white $0.10 per side
8.5x11” and 8.5x14” color $1.00 per side
11x17” black and white $0.20 per side
11x17” color $2.00 per side
● Scanning
○ Free
● Faxing
○ Local and long distance: $0.25 per page
b. APPENDIX VII OUTREACH SERVICE POLICY Outreach Services
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The purpose of the outreach program is to provide basic public library services to
individuals confined to their homes, nursing facilities, and daychild care centers, and those who
are unable to come to the county library or municipal libraries in the county due to injury,
disability, or illness. .
OUTREACH SERVICES
Outreach sServices include programming for preschool children in childcare centers,:
registering library users, lending materials, readers advisory service, very general reference
service, and reserves. material requests, and programming for preschool children in childcare
centers.
ADMINISTRATION
The Outreach Service operates as a part of the Harnett County Public Library System
under the direct supervision of the Director of the Harnett County Library.
Recipients of the outreach service may include:
childcare centers
nutrition sites o nursing homes
homebound citizens
Outreach Services are provided by the Harnett County Public Library to the homes of persons
who meet the criteria for homebound service as established by the Harnett County Public
Library Board of Trustees. These criteria are similar to those of other counties, as well as to the
Medicare Home Health restrictions and the Meals on Wheels guidelines.
A recipient of this homebound outreach services must meet one of the following conditions:
• He/she must haveHas a condition resulting from an injury or illness restricting his/her
ability to leave the residence except with the aid of supporting devices or the
assistance of another person, or he/she has a condition which is such that it is
medically contraindicated.
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• He/she must be a senior citizen (age 60 or older) whoIs 60 years of age or older and
has no other means of getting to a library facility.
He/she mMay need temporary homebound services,; such will be provided to
persons who areas someone who is suffering from extreme weakness after surgery
or illness. These persons mus, and will bet be incapacitated for at least six weeks.
•
Exceptions to these conditions will be considered on a case-by-case basis by the
Outreach Library Assistant and the county Library Director.
d. Interlibrary Loan (ILL)
The Harnett County Public Library accepts responsibility for securing information beyond its
collections and those of the NC Cardinal consortium by borrowing for patrons materials that the
library cannot acquire. The library will adhere to the policies and procedures outlined in the
Interlibrary Loan Code for the United States1 as set forth by the Reference and User Services
Association of the American Library Association.
The Harnett County Public Library does not charge for Interlibrary Loan. However, there may be
late, damaged, or lost fees charged to patrons from the lending library should an ILL item not be
returned on time, is returned damaged, or is never returned, which can bar patrons from using
ILL or other Harnett County Public Library services until the charges are reconciled.
e. Hours of Operation
Library services are provided during the hours which best meet the needs of the citizens of the
county and can be reasonably provided by the available staff. Those hours are as follows:
Harnett County Main Library
Located at 455 McKinney Parkway, Lillington, NC 27546
● Monday - Thursday: 9:00 AM - 7:00 PM
● Friday: 9:00 AM - 5:00 PM
● Saturday: 9:00 AM - 1:00 PM
Anderson Creek Public Library
Located at 914 Anderson Creek School Road, Bunnlevel, NC 28323
The Harnett County Public Library facilitates a small collection of adult, teen and juvenile items
inside the Anderson Creek Primary School Media Center. Access to the public library collection
is subject to school schedules and closures.
When Harnett County Public Schools are in session:
● Tuesday and Thursday: 4:00 PM - 7:00 PM
● Saturday: 10:00 - 2:00
Summer hours:
● Monday and Tuesday: 3:00 PM - 7:00 PM
1 "Interlibrary Loan Code for the United States", American Library Association, September 29, 2008.
http://www.ala.org/rusa/guidelines/interlibrary (Accessed February 7, 2023) Document ID: 10a585e3-
de13-2484-5dc5-d1665a306a91
Commented [JRC2]: Will be updated to include
Benhaven Library when those hours are established
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● Wednesday, Thursday, and Saturday: 10:00 AM - 2:00 PM
Angier Public Library
Located at 28 N. Raleigh Street, Angier, NC 27501
● Monday, Wednesday, and Friday: 9:00 AM - 5:00 PM
● Tuesday and Thursday: 9:00 AM - 6:30 PM
● Saturday: 9:00 AM - 2:00 PM
Boone Trail Community Center and Library
Located at 8500 Old US Highway 421, Lillington, NC 27546
● Monday and Tuesday: 2:00 PM - 8:00 PM
● Tuesday, Wednesday, and Friday: 2:00 PM - 6:00 PM
Coats Public Library
Located at 29 E. Main Street, Coats, NC 27521
● Monday - Friday: 9:00 AM - 5:00 PM
● Monday, Wednesday, and Friday: 9:00 AM - 5:00 PM
● Tuesday and Thursday: 9:00 AM - 6:30 PM
● Second Saturday of the month: 9:00 AM - 1:00 PM
Dunn Public Library
Located at 100 E. Divine Street, Dunn, NC 28334
● Monday - Wednesday: 9:00 AM - 6:00 PM
● Thursday: 11:00 AM - 6:00 PM
● Friday: 9:00 AM - 5:00 PM
● Saturday: 9:00 AM - 1:00 PM
Erwin Public Library
Located at 110 W. F Street, Erwin, NC 28339
● Monday, Wednesday, and Friday: 9:00 AM - 5:00 PM
● Tuesday and Thursday: 9:00 AM - 7:00 PM
● First Saturday of the month: 9:00 AM - 1:00 PMAPPENDIX X HOLIDAY WEEKEND
CLOSING POLICY
1. Holiday Hours
Because, unlike most other departments of county government, the library is open on
weekends and the county-declared holidays do not account for weekend days, the
following closing policy shall apply.
Weekend Days Closed:
The Llibrary will observes the same holidays as other Harnett Ccounty offices. In
addition, if a holiday falls is observed on Friday ora Monday, and it is observed on
Friday or Monday, the library will also be closed on the preceding Saturday;. If a holiday
is observed on a Friday, the library will be closed on the following Saturday; the only
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exception is Thanksgiving Saturday, during which the library will operate under standard
Saturday hours. when the library will be open.
Closing Time:
The Library will close at 5:30 p.m. on the following
days: o Thanksgiving Eve
o Christmas Week (if Christmas falls on Sunday, it will be the week before
Christmas) o New Year’s Eve (if it falls on a week day)
(This policy will only apply to the County Headquarters Library. Hours at branch
libraries will vary depending upon external factors and staffing.)
Main Branch (Lillington)
Monday – Thursday 9AM – 8PM
Friday 9AM – 5PM
Saturday 9AM – 1PM
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Anderson Creek School Year Hours
Tuesday & Thursday 4PM – 8PM Saturday 10AM – 2PM
Anderson Creek Summer Hours
(subject to change)
Monday & Tuesday 3PM – 7PM
Wednesday, Thursday, Saturday 10AM –
2PM
The library will close at 5:30 PM (if it is typically open after 5:00 PM) on the following days:
● The Wednesday before Thanksgiving
● The week of Christmas (if Christmas falls on Sunday, it will be the week before
Christmas)
● New Year’s Eve (if it falls on a weekday)
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XI. SELECTION POLICIESCollection
Development
The Harnett County Public Library selects, without bias or limitation on the right
to know, a comprehensive collection of print, non-print and electronically accessed
materials to meet the informational, educational, recreational, and cultural needs of
all citizens of Harnett County. The Library offers wide-ranging collections to meet the
various ages, interests, educational and reading levels, and cultural backgrounds of
its citizens. The Library provides collections through which an individual may explore
all points of view and issues of interest.
Patron use is the most powerful influence on the Library’s collection. Circulation,
patron purchase requests and holds levels are all closely monitored and may result
in the purchase of new items and additional copies of high demand items.
Selection of books and all non-book library materials is the culmination of a
process that begins with suggestions from staff and patrons and with
recommendations made in the professional literature. While the ultimate
responsibility for selecting materials for the Library rests with the Director, selection
responsibilities may be delegated to appropriate professional staff members.
Suggestions from the general public are encouraged and are evaluated by the staff
based on the Library’s criteria for selection.
IV. There is no single standard that can be used to evaluate all the types of
materials included in the Library’s collections. Each type of material will be
evaluated in terms of its own qualities and merit for the collections. All works by
an individual author may not be considered for purchase.
The Harnett County Public Library’s materials collection is developed and managed to meet the
majority of the cultural, informational, educational, and recreational needs of the citizens of
Harnett County. The library builds and maintains a patron-oriented collection by anticipating and
responding to needs and expectations.
Collection decisions are made in conjunction with strategic initiatives, including:
● Positioning the library as the preferred partner for lifelong learning
● Embracing diversity
● Developing library services that incorporate both physical and electronic collections
● Committing to excellence in service to improve effectiveness and remove barriers
Library staff contributes to the development of patron-oriented collections by:
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● Engaging in open, continuous two-way communication with library patrons and
recognizing that individuals have different ways of expressing their needs based on age,
language, economic status, culture, and other characteristics
● Interacting with patrons with understanding, respect, and responsiveness
● Handling all requests equitably
● Working in partnership with one another to understand and respond to community needs
● Understanding and responding to rapidly changing demographics, as well as societal
and technological changes
● Recognizing that materials of varying complexities and formats are necessary to satisfy
diverse needs of library users
● Balancing individual needs and broader community needs in determining the best
allocation of collection budget for acquiring or providing access to materials and
information
● Seeking continuous improvement through ongoing measurement
● Reviewing the collection on a regular basis to identify areas of community interest that
may need to be strengthened
a. Support for Intellectual Freedom
The library provides an impartial environment in which individuals and their interests are brought
together with the universe of ideas and information spanning the spectrum of knowledge and
opinions. The Library Board of Trustees affirms the American Library Association’s Library Bill
of Rights2, Freedom to View3, and Freedom to Read4 policy statements in support of acquiring
and managing collections.
b. Selection Criteria
Collection Development staff use their training, knowledge, and expertise along with the
following general criteria to select materials for the collection:Harnett County Public Library
represents a broad demographic, with a patron base that can include infants to the elderly.
Selection criteria for library collections take into account the various interests and needs of the
patrons the library serves and supports the library’s mission to cultivate lifelong learning,
empower individuals, and strengthen our community. In selecting materials and developing
collections for adults, as well as children and teens, library staff includes materials that
represent the broad range of human experience, reflecting the diversity not only of Harnett
County but also the larger global perspective. Library collections will provide a broad range of
opinions on current issues and will be available in a variety of formats, including print, audio-
visual, and electronic.
2 "Library Bill of Rights", American Library Association, June 30, 2006.
http://www.ala.org/advocacy/intfreedom/librarybill (Accessed February 7, 2023) Document ID: 669fd6a3-
8939-3e54-7577-996a0a3f8952
3 "Freedom to View Statement", American Library Association, May 29, 2007.
http://www.ala.org/advocacy/intfreedom/freedomviewstatement (Accessed February 7, 2023) Document
ID: 95444382-9c6c-e904-0962-be3aa96cdb5a
4 "The Freedom to Read Statement", American Library Association, July 26, 2006.
http://www.ala.org/advocacy/intfreedom/freedomreadstatement (Accessed February 7, 2023) Document
ID: aaac95d4-2988-0024-6573-10a5ce6b21b2
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Collections contain popular works, classic works that have withstood the test of time, and other
materials of general interest. Works are not excluded or included in the collection based solely
on subject matter or on political, religious, or ideological grounds. In building collections, library
staff is guided by the principle of selection, rather than censorship. Furthermore, the selection of
a given item for the library’s collections should not be interpreted as an endorsement of a
particular viewpoint.
To build a collection of merit, materials are evaluated according to one or more of the following
standards by staff who are qualified to do so because of education, training, experience, or job
classification. An item need not meet all of these criteria to be acceptable:
• Relevance to interests and needs of the community
• Authority or significance of the author/producer/publisher of the
work with preference given to titles vetted in the edited and
publishing industry (training, competence, reputation, other
contributions)
• Content of the work (objectivity, accuracy, and timeliness of
information and data)
• Value (permanent, current, temporary, educational, recreational)
• Suitability of format for Library use (size, paper type, print, binding)
• Extent of publicity, critical review, and current or anticipated public
demand and its nature
• Local significance of the author or subject
• Price, availability, and Library materials budget
• Relative importance in comparison with existing materials in the
collection on the same subject
• Suitability of subject, style, and level for the intended audience
• Availability and suitability of format
• Favorable reviews in professionally recognized sources
• Date of publication
All criteria need not be met for purchase consideration.
c. General Criteria
● Present and potential relevance to community needs
● Suitability of physical form for library use
● Suitability of subject and style for intended audience
● Cost
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● Importance as a document of the times
● Relation to the existing collection and to other materials on the subject
● Attention by critics, reviewers, and media
● Potential user appeal
● Requests by library patrons
d. Content Criteria
● Authority
● Comprehensiveness and depth of treatment
● Skill, competence, and purpose of the author
● Reputation and significance of the author
● Objectivity
● Consideration of the work as a whole
● Clarity
● Currency
● Technical quality
● Representation of diverse points of view
● Representation of important movements, genres, or trends
● Vitality and originality
● Artistic presentation and/or experimentation
● Sustained interest
● Relevance and use of the information
● Effective characterization
e. Special Considerations
1. Electronic Information Sources
Electronic resources are evaluated according to one or more of the following standards:
● Ease of use of the product
● Availability of the information to multiple simultaneous users
● Equipment needed to provide access to the information
● Technical support and training
● Availability of the physical or virtual space needed to house and store the information or
equipment
● Availability in full text
2. Textbooks
Professional and specialized materials, such as legal, medical, and religious works are
purchased if they are shown to be of general interest. The Library library does not purchase
textbooks or educational curriculums other materials for formal courses of academic study
unless. Textbooks may be added to the collection if they provide the best or only source of
information on a subject, or to complement an existing area with another perspective.
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A. 3. Self-Published Works
Self-published books are considered on a case-by-case basis, when they fit the scope of the
Library’s library’s collection and meet our selection criteria as outlined above. A positive review
in one or more of the major review journals, such as Library Journal, School Library Journal,
Kirkus Reviews, Booklist, and/or Publisher’s Weekly is the best way to bring a title to the
Library’s library’s attention. Library staff is more likely to consider the addition of a self-
published book if it has been reviewed in a major journal.
B. Periodicals
Periodicals are added to the collection on the basis of relevance and community
interest.
C. Technology
Technology is selected upon usefulness, interest, permanence, and the
broadness of its implications and performance.
D. Audiovisual Material
Audiovisual material is added to the Library’s collection with consideration to
patron demand and budget constraints. The Library acquires this material
primarily in the most popular format.
XII. BOOK CENSORSHIP POLICY f. Selection of Materials on
Controversial Topics
The Library Director and staff attempt to choose the best materials available. The
Harnett County Public Library subscribes to the Freedom to Read Statement prepared
by the American Library Association and the American Book Publishers’ Council.
All library patrons shall have full access to the library collection. Library personnel
may attempt to dissuade a young patron who has chosen a book obviously beyond his
or her comprehension, but if that young patron insists upon checking out that specific
book, the library staff member cannot be held responsible in any way.
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Library materials are not marked or identified to show approval or
disapproval of the contents, and no materials will be sequestered except for the
express purpose of protecting that material from mutilation or theft. Responsibility
for the reading material of minors rests solely with their parents or legal
guardians. Selection of adult materials will not be limited by the possibility that
they may come into the possession of minors.
A balanced collection attempts to represent all sides of controversial issues as far as the
availability of materials, space, and budget allow. Selection is based upon criteria stated in this
policy. The ethnicity, religion, race, identity, or political views of an author or creator; offensive
language; depictions or descriptions of violence or sexually explicit activity; controversial
content of an item; or endorsement or disapproval by an individual or group in the community
does not cause an item to be included or excluded from the library’s collection.
The Harnett County Public Library contains materials that some patrons may find objectionable.
The library may also omit from the collection materials that some patrons feel are important. In
either case, the library has procedures that patrons may use in requesting the consideration or
reconsideration of materials (see Appendix I).
COLLECTION MAINTENANCE g. Collection Maintenance and
Deselection
Harnett County Public Library recognizes the need for continuous evaluation of its
collections in response to the changing nature and needs of the community it serves. This
necessary collection maintenance is accomplished through the deaccessioning, replacement,
and duplication of its titles. For more details, see the Procedures Manual.
The library continually withdraws items from the collection, basing its decisions on a number of
factors, including publishing date, frequency of circulation, physical condition, community
interest, availability of newer or more valid materials, and space. Items dealing with local history
are an exception, as are certain classics and award-winning books. Fiction that was once
popular but no longer in demand and non-fiction books that are no longer useful are withdrawn
from the collection.
Withdrawn books are donated to the Friends of the Library for book sales. The proceeds from
such sales are used for the benefit of the library. Books that are not sold will be recycled at the
discretion of the Friends of the Library.
h. Reconsideration
The library fully endorses the principles documented in the Library Bill of Rights and the
Freedom to Read Statement of the American Library Association. Materials available in the
library present a diversity of viewpoints, enabling citizens to make informed choices necessary
in a democracy. The library also selects a wide variety of library materials that satisfy the
diverse interests of our community. The library upholds the right of the individual to secure
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these resources, even though the content may be controversial, unorthodox, or unacceptable to
some. The library’s varied collection is available to all; however, it is not expected that all of the
collection will appeal to everyone.
Patrons who wish to request the withdrawal or reclassification of materials currently owned by
the library are encouraged to discuss their concerns with a library manager or the Library
Director. If the patron is not satisfied with the response to their request, the manager or Director
will provide the patron with information and a form to request formal reconsideration of the
library resource (see Appendix I). Withdrawn books are donated to the Friends of the Library for
book sales. The proceeds from such sales are used for the benefit of the library. Books that are
not sold will be recycled at the discretion of the Friends of the Library.
i. Scope of Collection
The scope of library collections varies by location. The Harnett County Public Library System
has locations that range in size from small neighborhood libraries to large, more centrally
located sites within Harnett County. Due to size and space limitations, the variety of materials
available at each location differs. The Harnett County Public Library System has high-interest
materials in various formats supporting all areas of the collection as a whole. While some
materials may not be held in every library's collection, all materials are available to all library
card holders.
● Smaller locations have collections that consist primarily of high-interest materials.
● Medium-sized locations have collections that consist primarily of high-interest materials,
as well as more mid-range authors, titles, and subject areas.
Larger-sized locations have collections that consist of high-interest materials, as well as
a wider range of unique authors, titles, and subject areas, including older titles with
lasting value.
XIII.V. GIFTS TO THE LIBRARY Gifts and Donations
Gift material will be accepted with the understanding that the books or materials may be added
to the collection, sold, exchanged, given to other libraries, or discarded. The Library will not
discriminate among its citizens on the basis of race, sex, or religion in the acceptance or
administering of gifts. Gift items will be added to the collection in normal sequence because
separate collections limit use by the public and complicate the location of materials. Gift items
will be acknowledged and may be designated by a bookplate if so desired.
• RESTRICTED GIFTS are those to which the donor has attached terms, conditions, and
purposes. These may be quite specific, such as in the case of funds “for the purchase of the
1900 Census for North Carolina” or very general, as “for books on CD”.
• NONRESTRICTED GIFTS are those to which the donor has not attached terms,
conditions, or purposes.
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It is the prerogative of the library to accept or reject any gift. Gifted cash may be spent without
budgeting or appropriation. If restricted, a check or cash must be spent according to the donor’s
conditions. If not restricted, gifted cash may be spent on authorization of the Library Board of
Trustees within the scope of its statutory authority for any library need, in accordance with
Harnett County’s policy regarding gifts.Gifts and donations of materials are reviewed using the
same selection criteria as purchases (see Section IV). The library reserves the right to dispose
of any gifts that are given to the library. The library will determine how to best incorporate such
materials into the existing collections. Materials not added to library collections may be used for
programs or given to other local organizations such as schools, senior centers, or Friends of the
Library groups.
Gifts received by the library that are not added to the library’s collection will be forwarded to the
appropriate Friends of the Library group for their disposition at a future sale. The proceeds from
this sale will accrue directly to the benefit of the library, in a fashion consistent with accepted
library policies and services as determined by the Board of Trustees. Any items unsold by the
Friends of the Library may then be donated to another organization or recycled.
Patrons may request a receipt indicating the monetary value of gifted material they have
voluntarily presented to the library. Donors are responsible for reporting the value of their
material.
Funds may be given to acquire materials recommended by library staff as prescribed in this
policy, or for purchase of specific items suggested by the donor. When the library receives a
cash gift for the purchase of materials, the library must make the selection with the general
selection principles outlined in this policy (see Section IV).
XIV.VIII. COLLECTION MAINTENANCE
Harnett County Public Library recognizes the need for continuous evaluation of
its collections in response to the changing nature and needs of the community it serves.
This necessary collection maintenance is accomplished through the deaccessioning,
replacement, and duplication of its titles. For more details, see the Procedures Manual.
XV. POLICIES ON AUDIOVISUAL MATERIALS
The Harnett County Public Library attempts to maintain a balanced supply of
audiovisual materials. Audiovisual material is added to the Library’s collection with
consideration to patron demand and budget constraints. The Library acquires this
material primarily in the most popular format. The Harnett County Public Library
System subscribes to the American Library Association’s Freedom to View policy
statement. This includes videos, audiobooks, DVDs, and all other formats.
Commented [JRC3]: Revised to include
recommendations outlined in the latest American Library
Association “Selection & Reconsideration Policy Toolkit.”
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VI. Internet Use & Library Devices
Essential to the mission of the Harnett County Public Library is ensuring that the people of
Harnett County have the right and means to free and open access to ideas and information
which are fundamental to a democracy. The library will protect intellectual freedom, promote
literacy, encourage lifelong learning, and provide library materials and information services to
the public.
Use of the Internet and Internet-connected devices is managed in a manner consistent with the
library's policies on public behavior and child safety (see Sections VIII-IX).
To ensure that the use of the Internet and Internet-connected devices is consistent with the
mission of the Harnett County Public Library, the following regulations apply:
a. Public Computer Access
The library offers access to Internet-connected public computers so that users can connect with
informational, educational, recreational, and cultural resources beyond the scope of the library’s
physical collection. These are the guidelines for public computer access:
● Patrons may sign in to public computer terminals with a Harnett County Public Library
card or a guest pass.
● Guest passes are available to non-library members. Guests must present a valid photo
ID to request a guest pass.
● Users are given 60 minutes of computer use per day.
● Computers automatically log off after 10 minutes of inactivity, and 10 minutes before the
library is scheduled to close.
● Library staff may limit computer use as time and demand necessitate.
● Users are responsible for all printing costs (see Section III.b.).
● Use of personal storage media, such as a USB drive, is permitted under the guidelines
included in the “Patron Responsibilities” listed below.
b. Wireless Internet Access
Wireless Internet (WiFi) service is free of charge and is accessible during the library’s normal
hours of operation. As with our public access computers, the wireless network is filtered in
compliance with state and federal regulations. Library users may also be able to access non-
library wireless networks within the library. Use of these networks within library facilities is also
subject to state and federal regulations as well as this policy.
Like most public wireless “hotspots,” the library's wireless network is not secure. Information
sent to or from your laptop can be intercepted by anyone with a wireless device and the
appropriate software. We strongly encourage users to observe standard security practices with
their passwords and credit cards. Users should also make sure their devices have the latest
virus protection software and system patches installed.
Users should also note:
● There is no guarantee that all wireless devices will work with the network.
● Use of the wireless network is entirely at the risk of the user.
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● The library assumes no responsibility for the safety or security of a patron’s equipment
resulting from the connection to the wireless network.
● The library is not responsible for any losses incurred from using the wireless network.
● Staff can provide general information or handouts for connecting to the wireless network
but cannot troubleshoot problems with your network equipment or make changes to the
configuration or settings of your equipment.
c. Content Filtering
Use of library Internet and Internet-connected devices is made possible through facilities,
equipment, and communications technology purchased with public funds. The Children’s
Internet Protection Act (CIPA)5 requires libraries receiving such funding to install filters (software
that blocks access to Internet material containing obscene visual depictions, contain child
pornography, or are harmful to minors) on its Internet and Internet-connected devices. In
compliance with the Children's Internet Protection Act, the library has installed filters on all
public Internet terminals and devices. This filter will attempt to impede access to those graphic
images and materials defined as harmful to minors in the North Carolina General Statutes § 14-
190.1–14-190.15. Filtered content includes, but is not limited to, material that is:
● Obscene
● Child pornography
● Harmful to minors
● Malware
● Malicious software and actions
● Phishing
● Spyware
Filtering is imperfect and may restrict access to legitimate research sites. Also, filtering does not
guarantee that all proxy sites, obscene materials, and sites that pose security risks will be
blocked. Patrons may request that a website be reviewed to be blocked or unblocked by
contacting the library.
The library has no control over the content on the Internet and is not responsible for information
that is inaccurate, incomplete, or illegal. The library is not responsible for any material
transmitted electronically by users of its public Internet terminals or devices.
d. Patron Responsibilities
The library prohibits any unlawful use of the Internet by staff or users. The following actions will
not be allowed:
● Users may not engage in activities that violate state or Federal laws regarding public
display of pornography, cyberstalking, identity theft, fraud, etc.
● Users may not attempt unauthorized access (including hacking) to any computer
system.
5 “Children’s Internet Protection Act (CIPA)”, Federal Communications Commission, December 30, 2019.
https://www.fcc.gov/consumers/guides/childrens-internet-protection-act (Accessed February 7, 2023).
HCBOC 090523 a Pg. 87
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● Users may not violate copyright laws or software license restrictions.
● Users may not make unauthorized disclosure of, use of, or dissemination of a minor’s
personal information by means of the Internet, e-mail or any other electronic technology.
e. Parent and Guardian Responsibilities
As with other library materials, restriction and monitoring of a child’s access to the Internet is the
responsibility of the parent/legal guardian. Parents of minor children are responsible for the
child’s use of library Internet and Internet-connected devices.
f. Privacy
The library intends that all library staff and patrons benefit from the above resources while
remaining within the bounds of safe, legal, and responsible use. Patrons, staff, and other users
have no expectation of privacy in anything they create, store, send, delete, receive, or display
when using the library’s network, devices, Internet access, or other technological resources
owned or issued by the library, whether the resources are used at the library or elsewhere, and
even if the use is for personal purposes. Users should not assume that files or communications
created, transmitted, or displayed using library technological resources will be private. The
library may, without notice, monitor, track, and/or log network access, communications, and
use. Such purposes may include but are not limited to, maintaining system integrity, security, or
functionality, ensuring compliance with library policy and applicable laws and regulations,
protecting the library and Harnett County from liability, and complying with public records
requests.
g. Limitation of Liability
Harnett County Public Library makes no guarantee that the functions or the services provided
by or through the library networks will be error-free or without defects. The library will not be
responsible for any damage you as a user may suffer, including, but not limited to, loss of data
or interruptions of service. The library is not responsible for the accuracy or quality of the
information obtained through or stored on the system. The library will not be responsible for
financial obligations arising through the unauthorized use of library terminals, devices, or
services.
The use of the wireless network indicates agreement with these terms and conditions.
Violations of these rules may result in loss of access as well as appropriate legal action.
Providing access to information on the Internet does not necessarily constitute an endorsement
of the content of any of that information by the Harnett County Public Library system.
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APPENDIX II LIBRARY PERSONNEL
Library Staff and Board of Trustees
VII.
The personnel policies that appear in the Personnel Ordinance apply to all
employees of Harnett County. See the staff handbook training manual for detailed
up-to-date job descriptions, classifications, recommendations, and details of library
routine, as well as job pay range guidelines.
a. STAFF AND BOARD RELATIONSHIPS taff and Board Relationships
The lLibrary Board of Trustees has official authority to supervise and formulate policies
for the library. The Board delegates to the Library Director the administrative responsibility of
the library and all its services. The Library Director serves as the liaison between the cCounty
mManager, cCounty cCommissioners, the and county Llibrary Board of Trustees, and the
library staff. The Library Director is responsible for determining the needs of the library public
by regularly undertaking a planning process to set goals and objectives. The Library Director
serves as secretary for the county library Board of Trustees, which meets quarterly, or as
needed.
The Board, consisting consists of nine eleven members. The municipalities Lillington,
Angier, Coats, Erwin, and Dunn, which have entered into library contracts with Harnett County,
are each represented by one person. The Anderson Creek Public Library and Boone Trail
Community Center and Library are each represented by one person. plus tThe five remaining
members are at-large seats representing each of Harnett County’s five voting districts and as
many ex-officio Harnett County Board of Commissioners seats as deemed appropriate by the
Commissioners.
representative from the county commissioners, actively assists in the preparation of the budget.
The Board periodically reviews and adopts library policies and makes recommendations
regarding staff.The Board assists in the development and sustainment of the Harnett County
Library System and library service throughout Harnett County and periodically reviews and
adopts library policies. The Library Director assumes full responsibility for the staff of the
library. With advisement from the cCounty mManager, the Library Director has authority to hire
and dismiss personnel. No important library business shall be transacted between any
individual member of the staff and the county lLibrary Board or the cCounty cCommissioners
without the knowledge of the Library Director.
Commented [JRC4]: Will need to be updated to include
representation for Benhaven Library when established
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RELATIONelation TOto GOVERNMENTovernment OFFICIALSfficials
ANDand FINANCIALinancial SUPPORTupport
b.
The lLibrary Board of Trustees recognizes that adequate financial support is basic for
good library services; and as the legally appointed governing board, it accepts the responsibility
for securing this support.
The lLibrary Board of Trustees also acknowledges its responsibility to make periodic
reports to the governing officials. These reports will cover services rendered and will include
new services for which need is recognized. The Library Director monitors the budget using the
county automated finance system.
The
aAuthority delegated by the government unit to the lLibrary Board will not be
relinquished because of political or financial pressure; nor will it be used in a high-handed and
arbitrary manner by the lLibrary Board.
The following authorities have been officially delegated to the library Board of Trustees:
• tTo formulate and adopt programs, policies, and regulations for the government of
the library;
• tTo make recommendations to the governing body concerning the construction and
improvement of buildings and other structures for the library system;
• tTo supervise and care for the facilities of the library system;
to advise the county personnel committee in the appointment of a chief librarian or
director of the library system. If some other body or official is to appoint the chief
librarian or Director of library services, to advise that official body concerning that
appointment;
• tTo establish a schedule of fines and charges for late return of, failure to return,
damage to, and loss of library materials, and to take other measures to protect and
regulate the use of such materials;
to participate in preparing the annual budget of the library system;
• tTo extend the privileges and use of the library system to nonresidents of the county
on any of the conditions the board may prescribe;
tTo otherwise advise the board of commissioners on library matters.
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•
The Board of Trustees shall make an annual report on the operations of the library to the
Harnett County Commissioners and shall make an annual report to the North Carolina State
Library as required by North Carolina General Statutes § 125-5G.S. 125-5. If the Board of
Trustees is abolished, the County Commissioners shall make the annual report to the State
Library.
APPENDIX VI
DISRUPTIVE BEHAVIOR POLICYCode of
Conduct
VIII.
It is the policy of the Harnett County Public Library to offer the full range of library service
to all residents of the community, regardless of age, sex, ethnicity, racial or ethnic origin,
religion, race, identity, or economic status, etc. It is the intent of the library The library intends
to provide its services with a minimum of regulations and restrictions, adopting only those which
are absolutely essential to the library's operation.
Library users are expected to conduct themselves in a manner respectful of themselves, staff,
other library users, and library resources and facilities. The library recognizes that the users
of the library are in fact the owners of the library. As user/owners, the public has certain
expectations of the library. These include an outstanding collection of library materials;
pleasant, attractive surroundings; and courteous, efficient, and effective service from the staff.
Library users have a right to assume that visits to the library will be free from harassment; free
from physical discomfort and danger; free from psychological and emotional stress.
The library staff has the same rights. Each member of the staff should be able to do
his/her work free of harassment, abuse, discomfort, and undue psychological stress.
The rights of both the public and the staff are sometimes violated by the attitudes and
behavior of a very small minority of persons.
THEREFORETherefore, it is the policy of the Library Board of Trustees to support the
library staff in their efforts to maintain in the library system a safe, quiet, pleasant environment
conducive to serious study as well as casual use. that is free from disorderly conduct,
nuisances, and unnecessary disturbances. To ensure the successful implementation of this
policy, the bBoard holds that the following are examples of unacceptable behavior:
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• Harassment of patrons or staff, whether physical, sexual, verbal, or otherwise.,
assault, or threatening of patrons or staff, whether physical, sexual, verbal, or
otherwise, including fighting
• Engaging in disorderly conduct, committing a nuisance, panhandling in the library or
on library property, or unreasonably disturbing library users. Any illegal acts or
conduct in violation of a federal, state, or local law, ordinance, or regulation, including
drug use and distribution, and solicitation of sexual acts
• Engaging in disorderly conduct or committing a nuisance in the library or on library
property, or unreasonably disturbing library users
• Obscene or, abusive or derogatory language.
• Following staff or users around the building, or other harassing or intimidating
behavior such as staring or other intimidating acts.
Carrying unauthorized weapons of any sortkind.
• Use of laptops, CD-players, mobile phones, etc., if not using headphones.
• Willful destruction or theft of, or damage to any library property.
• Blocking or in any way interfering with the free movement of any person or persons.
• Bringing animals other than service dogs into the building.
• Consumption of food or drink in any public-access area unless the Director has
specifically authorized it. in any unauthorized place
• Removal of any library property from the building without authorization through
established lending procedures.
• Soliciting or sales of any kind.
• Distribution of leaflets or posting of notices in areas not authorized for this purpose
(see Section XI).
• Use of library telephones not authorized by library personnel.
• Unauthorized rearranging of any library furniture or equipment from one location to
anotherr.
• Loud conversation, laughter, or other disturbances (for example: crying babies),
which is disturbing to other users. Noisy behavior that is disruptive to others such as
loud talking, horseplay, and use of sound on laptops, mobile phones and other
mobile devices without headphones
• Engaging in disorderly conduct, committing a nuisance, or unreasonably disturbing
and offending library users. Dispensing of chemical or noxious substances, including
pepper spray, stink bombs, fireworks, mace and tear gas
• Smoking anywhere in or within 50 feet of thea building.
• Violation of Internet Policies and Procedures Use & Library Devices policy (see
Section VI).
Failure of patron to wear proper attire at all times in the library building. Sshirts and
shoes are required. in the library at all times
•
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The following violations of the Disruptive Behavior Policy will result in law enforcement
being called and the immediate banning from the library:
Any situation that poses a threat to staff or library patrons
Assaulting or threatening staff or patrons
Willful destruction or theft of library property
Improper interference with library employee performance of duties or other harassing behavior
that constitutes an actual or imminent disruption or disturbance to either library employees or
patrons
Fighting (all parties)
Dispensing chemical or noxious substance, including but not limited to:
pepper spray o stink bombs
fireworks
mace
tear gas
Selling legal or illegal drugs
Solicitation of sexual acts
Posing chronic behavior problems
Illegal drugs use
Any illegal acts or conduct in violation of a federal, state, or local law, ordinance, or regulation
Incidents of unacceptable behavior may result in one or more of the following actions:
Oral warning
Written warning
Immediate dismissal or banning from the library in which the behavior occurred
The penalty will be decided by the management of the individual library.
Disruptive behavior meeting the criteria of immediate banning will be enforced at all
Harnett County Public Libraries and Affiliate Libraries. The management of the Branch will:
Send the patron a form letter
Change the account information to indicate that the patron is banned
Notify each Affiliate Library Incidents of unacceptable behavior may result in an oral or written
warning. An individual may be asked to leave immediately and may be permanently banned
Immediate dismissal and banning from library properties may be exercised at the library’s
discretion in cases of a failure to comply with a warning, recurring violations, illegal acts or
conduct, or behavior that is extreme or recurring threatens the health, safety, or well-being of
library staff and guests. Violations of law will be referred to local law enforcement when
necessary and criminal behavior will be prosecuted under the law.
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APPENDIX VIII
IX. SAFE CHILD POLICYSafe Child Policy
STATEMENT OF POLICY
During his entire visit to the library, a child seven years of age or younger must be
accompanied by a parent, legal guardian, or adult of at least 16 years of age who acknowledges
responsibility for the child. These parents and/or adults are responsible for their children's
behavior while in the building.
PHILOSOPHY BEHIND THE SAFE CHILD POLICY
The Harnett County Public Library welcomes children of all ages. It is a doorway
through which life-long learning takes place. The public library is however, a public building. As
such, anybody can come into it--law abiding or otherwise.
Library staff have many duties to perform in order to serve all citizens of Harnett
County. They cannot monitor the behavior or whereabouts of any patron, including children.
Staff does not take over parental responsibilities for children who come into the library.
A child could be tempted to go off with a stranger. A child could become ill. A child
could get lost. Any of these or other emergencies could take place in a public building. It is for
the safety of each child that the Harnett County Library has adopted this Safe Child Policy.
The safety of children left alone in the Library is of serious concern to Library staff.
Parents and guardians, not Library staff, are responsible for the care, behavior and supervision
of their children while using the Library and on its property. Library staff cannot be responsible
for children who are unattended or demonstrating inappropriate behavior. Children in the
Library should always be accompanied by a parent, legal guardian, or assigned caregiver of at
least 16 years of age who acknowledges responsibility for the child, according to the guidelines
listed below.The Harnett County Public Library is dedicated to providing a safe and welcoming
environment for families and children. To support the library’s mission to cultivate lifelong
learning, the library offers designated spaces, programs, services, and resources for children.
The library neither supervises children nor acts in loco parentis, therefore the following Safe
Child Policy guidelines help staff navigate occasions in which children in the library lack
supervision.
a. Unattended Child
The safety of children left alone at the library is one of serious concern to library staff. At all
times the legal responsibility for the supervision, care, and behavior of children lies with the
parent, guardian, or designated caregiver. Library staff cannot be responsible for children who
are unattended, and/or demonstrating inappropriate behavior. Children in the library should
always be accompanied by a parent, legal guardian, or assigned caregiver that is at least 16
years of age, and who acknowledges responsibility for the child according to these guidelines:
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• All children should have a means by which to contact a parent, guardian, or designated
caregiver in case of an emergency.
• All cChildren agess 7 and under must be supervised by a parent/caregiver, guardian, or
designated caregiver who must remain in the immediate vicinity of the child(ren) at all
times.
Children ages 8-12 must have a parent/caregiver, guardian, or designated caregiver in
the Library building with them at all times, though the assigned caregiver does not have
it is not necessary for the parent, guardian, or designated caregiver to be in the
immediate vicinity of the child(ren).
• Children ages 13 and older may use the Library on their own, provided they comply with
all Library rules and policies. All children should have the telephone number of a
parent/caregiver who could assist them in an emergency.
• Children 12 years or younger who are attending a Library program need not be
accompanied into the program by a parent/caretaker, unless otherwise indicated.
Parents/caretakers must, however, be present in the building during the Library program
in case an emergency should arise. It is not necessary for children over the age of 8 to
be accompanied into a library program by a parent, guardian, or designated caregiver
unless otherwise indicated. However, a parent, guardian, or designated caregiver must
be present in the library building during the entirety of the program.
Children ages 13 and older may use the library on their own, provided they comply with
all Library rules and policies.
• Parents are advised that, even in their absence, they are legally responsible for
their child’s behavior while using the Library and on its property. The Library is
not responsible for an unattended child while that child is in the building, on the
premises, or if they leave the Library property.
VIOLATION OF THE SAFE CHILD POLICY CONSTITUTES GROUNDS FOR
SUSPENSION OF LIBRARY PRIVILIGES FOR THE ENTIRE FAMILY.
X. Meeting Spaces
As a service to the community, the Harnett County Public Library offers a variety of meeting and
study spaces for use by the public. Meeting spaces vary by library branch; users are
encouraged to contact their local library for details and restrictions.
Permission to use a meeting space does not imply the library’s endorsement of the goals,
policies, or activities of any individual group or organization. The library does not endorse the
viewpoints of meeting space users and may not appear to do so in publicity for meetings.
Meeting spaces may be reserved free of charge on a first-come, first-served basis as resources
allow. Reservation procedures vary by library branch; users are encouraged to contact their
local library for booking information. Reservations for meeting spaces located at the Harnett
County Main Library in Lillington can be made on the library’s website.
a. Allowed Types of Use
● Events that are educational in focus, including study groups, seminars, and workshops
● Business meetings
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● Civic meetings
● Cultural events
● Public-information events
b. Prohibited Types of Use
● Regular meetings of a club or group unless authorized
● Private social functions, including parties and showers
● Musical performances unless authorized
● For-profit promotional, commercial, or sales events
● Activities that would tend to incite or produce imminent lawless action, are obscene,
defamatory, or are promoting false and misleading information
c. Guidelines for Meeting Space Use
● Meetings may not disrupt the use of the facility by others, and persons attending the
meeting are subject to all library regulations and policies, including the Code of Conduct
(see Section VIII). The library is authorized to deny further use of the meeting spaces to
individuals or groups that violate the library’s policies and procedures.
● Meeting spaces may be used during normal operating hours, up to 30 minutes before
closing. Meetings may not be held outside of normal operating hours unless authorized.
● Reservations for meeting spaces can be made up to 90 days in advance.
● Reservations that are not claimed within 30 minutes of the reservation start time will be
released for use by other users.
● All meetings must be open to the public but may require pre-registration.
● No fees, dues, or donations may be charged or solicited from persons attending
meetings in library meeting spaces unless authorized.
● Equipment, supplies, or personal effects cannot be stored in the library’s meeting spaces
before or after use.
● Meeting spaces must be left in clean and orderly condition.
● Signs, banners, or flyers may not be attached to any wall, ceiling, or library property
without authorization.
● Light refreshments are allowed in meeting spaces so long as the space is left in clean
and orderly condition.APPENDIX III POLICY ON THE DISPLAY OF POSTERS,
PAMPHLETS, AND FLYERS
XI. Community Information
The public library is a public forum for ideas and information. Because access to
information is fundamental to our social, political and cultural heritage, the library holds
the position that posters, pamphlets and flyers should be permitted whenever possible,
in the designated display areas. Therefore, the display of posters, pamphlets, and flyers
by the public is permissible in designated areas. The permission to use the designated
spaces does not constitute an endorsement by library staff, the Library Board of
Trustees, or the Board of Commissioners. The following guidelines apply:
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• Public posters, pamphlets, and flyers can be displayed on a first-come, first-served
basis as space permits on designated library bulletin boards, or spaces set aside for this
purpose.
• Materials other than posters, pamphlets, and flyers must be delivered to library staff for
permission to post.
• Materials should not exceed 8½ x 14” in size unless authorized.
• One item is permitted per event or function. Items are normally posted for 2 weeks
depending on the volume of requests. Notices of events must be removed after the date
of the event.
• As space is available, some limited advertising for local enterprises such as babysitting,
lawn care, etc. may be posted with prior authorization.
o Materials will not be posted if they are defamatory, harassing, contain threatening
messages or graphics, or may reasonably be construed as obscene as defined
by law.
Any questions regarding this policy should be referred to the Library Director. Final authority
rests with the Director.
Regulations regarding the posting of information
are set forth in the Harnett County Public Library
Procedures Manual.
APPENDIX V
XII. ACCESS TO CIRCULATION RECORDS
Privacy Policy
The library will protect, as far as possible, the privacy of any patron who uses the
library and not make any inquiry into the purposes for which a patron requests
information or books. Records which may be required in lending books or answering
reference questions are for the sole purpose of protecting public property. Under no
circumstances shall the staff of the library ever answer to a third party about what a
patron of the library is reading or calling for from the library's collection. Furthermore, it
is the policy of the library not to yield any information about its patrons or their reading
to any agency of government, whether local, state, or federal, without an order from a
court of competent jurisdiction.
The Harnett County Public Library is committed to protecting users’ privacy. The library strives
to collect the least amount of personally identifiable information as possible and avoids creating
unnecessary records. We do not share personally identifiable information with third parties
unless served with a valid subpoena, by court order, or where otherwise required by law.
The library follows North Carolina General Statutes § 125 Article 3: Library Records, which
requires all public libraries in North Carolina to guarantee the privacy of user records.
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a. What Information Does the Library Collect?
The library collects both personally identifiable information (PII) and anonymous information in
order to provide library services to users.
Personally identifiable information is any information that could potentially identify a specific
individual. The library strives to collect the least amount of personally identifiable information
possible in order to provide services. We avoid creating unnecessary records. The personally
identifiable information collected by the library may include:
• Name
• ID number (such as a driver’s license)
• Street/mailing address
• Home/cell phone number
• Cell phone carrier
• Email address
• Date of Birth
• Library barcode number
• Items currently checked-out, requested, canceled holds, and interlibrary loans
• Overdue items (until returned)
• Fine history
• Sign-up information for library classes, events, and services
Anonymous information is information that does not specifically identify an individual. The
anonymous information collected by the library for statistical and website optimization purposes
may include:
• URL (uniform resource locator) of the website you visited previous to the library’s
website (i.e., referral website)
• Domain names and/or IP addresses (numbers automatically assigned to your computer
whenever you are connected to the Internet)
• The browser version you are using to access the website
• Hardware and software type and language
• Cookie data
• Date and time of requests
• Demographic data
• Interaction data
• Page views, click data, and navigation flow
b. Who Has Access to Data?
All library user records are confidential. Library records may only be disclosed to:
• Library staff performing job duties
• Cardholders upon proof of identity
• Anyone with the library card number (Patrons should only share their card number with
people they trust. Lost or stolen cards should be reported immediately.)
• Law enforcement with a valid subpoena, national security letter, or warrant
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c. Library Materials and Borrowing History
The library does not keep a record of users’ borrowing history beyond operational requirements.
Once a patron returns an item, it is removed from their account. Items with lost or damaged fees
will remain on users’ accounts until they are resolved.
Under no circumstances will library staff answer a third-party inquiry into the circulation or
request history of a patron. Furthermore, it is the policy of the library not to yield any information
about its patrons or their reading history to any agency of government, whether local, state, or
federal, without a valid subpoena, national security letter, or warrant.
Radio Frequency Identification (RFID) technology is used to check out library materials, keep a
record of the library collection, and secure the collection from theft. RFID tags attached to items
only contain the barcode number of the item. No personal library user or transaction information
is stored on the RFID tag.
d. Public Computers and Wireless Network
The library does not keep a record of your activities on any public computer or on our wireless
network. Any record of browsing history and activities on our public computers or wireless
network is removed when you log out or disconnect. Information about your public computer
reservation (library card number, computer number, reservation time, and session duration) is
purged within 24 hours.
e. Surveillance Cameras
Several libraries have security cameras outside and/or inside the library building. Video is only
available to view by supervisory staff and Harnett County IT. Surveillance footage is governed
by public records law and all or some of the footage may be subject to disclosure. All such
requests must be in writing and submitted to the Harnett County Legal Department for review.
f. Library Website
1. HTTPS
The library’s website is encrypted with HTTPS. All communications between a user’s browser
and the library’s website are private. User account and catalog searching are also encrypted.
2. Cookies
Some library applications use what are called “cookies.” A cookie is a small file created by a
website and saved by the browser each time a website is visited. Cookies are stored on the
user’s computer and can transmit personal information. Cookies are used to remember
information about preferences and customization on the pages a user visits. Users can refuse to
accept cookies, disable cookies, and remove cookies from their hard drive by following the
instructions provided by the browser. Some third-party services may not work if cookies are
disabled.
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3. Non-library Websites
Non-library websites may be linked through the library’s website and may not follow the same
privacy policies as the library. Non-library websites include some of the links from our Electronic
Resources, Local Info & History, and Job Help pages, and others dispersed throughout the
library website. Visitors to such sites are advised to check the privacy statements of the sites
and to be cautious about providing personally identifiable information without a clear
understanding of how the information will be used.
g. Data and Network Security
The library is committed to data security and keeping personally identifiable information that is
collected by the library’s systems safe. The library monitors network activity to identify
unauthorized attempts to upload or change information or otherwise cause damage. The library
operates using secure data networks protected by industry-standard firewalls and password
protection systems. Only authorized individuals have access to the information provided by our
users.
h. Children’s Privacy
The safety and privacy of children are very important to the library. As with all other patrons,
personal information collected from children by the library is not shared with any non-contracted
agency or vendor. The library encourages parents to take an active role in their children’s
Internet use and to teach them about the importance of not revealing personal information
online.
i. Third-Party Vendors
The library works with third-party vendors to provide online learning, digital collections,
streaming media content, analytics, and more. These third-party vendors include providers like
Overdrive/Libby, NewsBank, Facebook, Instagram, NC Live databases, and more. When a user
leaves the library website, their interaction with these systems will be governed by their privacy
policies. Some of these vendors may collect and share information users provide to them or
require users to create a personal account to use their services. Check the vendor’s policy
statement and terms of service to learn more about how your data is tracked, stored, and used.
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APPENDIX I PHYSICAL FACILITIES
A. To achieve the goal of good library service, the Board of Trustees accepts
the responsibility to strive for public library building facilities that adequately
meet the physical requirements of modern, aggressive library service: such
facilities offer the community a compelling invitation to enter, read, look, listen,
and learn. Each building or outreach vehicle must fit an expanding program of
library services.
B. The Board of Trustees will recommend acquisition of sites and/or new
facilities only after:
1. they have adopted a service program
AND
2. the Library Director has written an outline of the community's library
building needs.
C. The Board of Trustees accepts the responsibility to see that funds are
obtained for needed facilities.
D. The Library Director, the architect, the Board of Trustees, and county
commissioners--as a planning team with the assistance of consultants--will
endeavor to plan facilities to meet recognized standards and needs of the
community.
E. Meeting rooms in the library may be reserved for use by educational, civic,
cultural, business, and government groups. Neither admission fee nor any sales
recruitment is allowed. The specific rules regarding the meeting room are set
forth in the Harnett County Public Library Procedures Manual.
APPENDIX II LIBRARY PERSONNEL
The personnel policies that appear in the Personnel Ordinance apply to all
employees of Harnett County. See the staff handbook training manual for detailed up-
to-date job descriptions, classifications, recommendations, and details of library routine,
as well as job pay range guidelines.
STAFF AND BOARD RELATIONSHIPS
The library Board of Trustees has official authority to supervise and formulate
policies for the library. The Board delegates to the Library Director the administrative
responsibility of the library and all its services. The Library Director serves as the liaison
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between the county manager, county commissioners and county library Board of
Trustees and the library staff. The Library Director is responsible for determining the
needs of the library public by regularly undertaking a planning process to set goals and
objectives. The Library Director serves as secretary for the county library Board of
Trustees, which meets quarterly, or as needed.
The Board, consisting of nine members plus the representative from the county
commissioners, actively assists in the preparation of the budget. The Board periodically
reviews and adopts library policies and makes recommendations regarding staff. The
Library Director assumes full responsibility for the staff of the library. With advisement
from the county manager, the Library Director has authority to hire and dismiss
personnel. No important library business shall be transacted between any individual
member of the staff and the county library Board or the county commissioners without
the knowledge of the Library Director.
RELATION TO GOVERNMENT OFFICIALS AND FINANCIAL SUPPORT
The library Board of Trustees recognizes that adequate financial support is basic
for good library services; and as the legally appointed governing board, it accepts the
responsibility for securing this support.
The library Board of Trustees also acknowledges its responsibility to make
periodic reports to the governing officials. These reports will cover services rendered
and will include new services for which need is recognized. The Library Director
monitors the budget using the county automated finance system.
Authority delegated by the government unit to the library Board will not be
relinquished because of political or financial pressure; nor will it be used in a high-
handed and arbitrary manner by the library Board.
The following authorities have been officially delegated to the library Board of Trustees:
1. to formulate and adopt programs, policies, and regulations for the government
of the library;
2. to make recommendations to the governing body concerning the construction
and improvement of buildings and other structures for the library system;
3. to supervise and care for the facilities of the library system;
4. to advise the county personnel committee in the appointment of a chief
librarian or director of the library system. If some other body or official is to
appoint the chief librarian or Director of library services, to advise that official
body concerning that appointment;
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5. to establish a schedule of fines and charges for late return of, failure to return,
damage to, and loss of library materials, and to take other measures to
protect and regulate the use of such materials;
6. to participate in preparing the annual budget of the library system;
7. to extend the privileges and use of the library system to nonresidents of the
county on any of the conditions the board may prescribe;
8. to otherwise advise the board of commissioners on library matters.
The Board of Trustees shall make an annual report on the operations of the
library to the Harnett County Commissioners and shall make an annual report to the
North Carolina State Library as required by G.S. 125-5. If the Board of Trustees is
abolished, the County Commissioners shall make the annual report to the State Library.
APPENDIX III POLICY ON THE DISPLAY OF POSTERS, PAMPHLETS, AND
FLYERS
The library is a public forum for ideas and information. Because access to
information is fundamental to our social, political and cultural heritage, the library holds
the position that posters, pamphlets and flyers should be permitted whenever possible,
in the designated display areas.
Regulations regarding the posting of information are set forth in the Harnett
County Public Library Procedures Manual.
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APPENDIX IV POLICY ON UNATTENDED CHILDREN AT CLOSING TIME
Library Staff will exercise appropriate procedures when the library is closing to
ensure the safety of unattended children fifteen years and younger. (See the Harnett
County Public
Library Procedures Manual). See also the SAFE CHILD POLICY in Appendix VIII of
this document.
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APPENDIX V
ACCESS TO CIRCULATION RECORDS
The library will protect, as far as possible, the privacy of any patron who uses the
library and not make any inquiry into the purposes for which a patron requests
information or books. Records which may be required in lending books or answering
reference questions are for the sole purpose of protecting public property. Under no
circumstances shall the staff of the library ever answer to a third party about what a
patron of the library is reading or calling for from the library's collection. Furthermore, it
is the policy of the library not to yield any information about its patrons or their reading
to any agency of government, whether local, state, or federal, without an order from a
court of competent jurisdiction.
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APPENDIX VI
DISRUPTIVE BEHAVIOR POLICY
It is the policy of the Harnett County Public Library to offer the full range of library
service to all residents of the community, regardless of age, sex, racial or ethnic origin,
religion, economic status, etc. It is the intent of the library to provide its services with a
minimum of regulations and restrictions, adopting only those which are absolutely
essential to the library's operation.
The library recognizes that the users of the library are in fact the owners of the
library. As user/owners, the public has certain expectations of the library. These
include an outstanding collection of library materials; pleasant, attractive surroundings;
and courteous, efficient, and effective service from the staff. Library users have a right
to assume that visits to the library will be free from harassment; free from physical
discomfort and danger; free from psychological and emotional stress.
The library staff has the same rights. Each member of the staff should be able to
do his/her work free of harassment, abuse, discomfort, and undue psychological stress.
The rights of both the public and the staff are sometimes violated by the attitudes
and behavior of a very small minority of persons.
THEREFORE, it is the policy of the Library Board of Trustees to support the
library staff in their efforts to maintain in the library system a quiet, pleasant
environment conducive to serious study as well as casual use. To ensure the
successful implementation of this policy, the board holds that the following are
examples of unacceptable behavior:
1. Harassment of patrons or staff, whether physical, sexual, verbal, or otherwise.
2. Engaging in disorderly conduct, committing a nuisance, panhandling in the
library or on library property, or unreasonably disturbing library users.
3. Obscene or abusive language.
4. Following staff or users around the building, or other harassing behavior such
as staring or other intimidating acts.
5. Carrying unauthorized weapons of any sort.
6. Use of laptops, CD-players, mobile phones, etc., if not using headphones.
7. Willful destruction of or damage to any library property.
8. Blocking or in any way interfering with the free movement of any person or
persons.
9. Bringing animals other than service dogs into the building.
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10. Consumption of food or drink in any public-access area unless the Director
has specifically authorized it.
11. Removal of any library property from the building without authorization
through established lending procedures.
12. Soliciting or sales of any kind.
13. Distribution of leaflets or posting of notices in areas not authorized for this
purpose.
14. Use of library telephones not authorized by library personnel.
15. Unauthorized rearranging of any library furniture or equipment from one
location to another.
16. Loud conversation, laughter, or other disturbances (for example: crying
babies), which is disturbing to other users.
17. Engaging in disorderly conduct, committing a nuisance, or unreasonably
disturbing and offending library users.
18. Smoking anywhere in or within 50 feet of the building.
19. Violation of Internet Policies and Procedures.
20. Failure of patron to wear proper attire at all times in the library building. Shirts
and shoes are required.
The following violations of the Disruptive Behavior Policy will result in law
enforcement being called and the immediate banning from the library:
• Any situation that poses a threat to staff or library patrons
• Assaulting or threatening staff or patrons
• Willful destruction or theft of library property
• Improper interference with library employee performance of duties or other
harassing behavior that constitutes an actual or imminent disruption or
disturbance to either library employees or patrons
• Fighting (all parties)
• Dispensing chemical or noxious substance, including but not limited to:
o pepper spray o stink bombs
o fireworks
o mace
o tear gas
• Selling legal or illegal drugs
• Solicitation of sexual acts
• Posing chronic behavior problems
• Illegal drugs use
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• Any illegal acts or conduct in violation of a federal, state, or local law,
ordinance, or regulation
Incidents of unacceptable behavior may result in one or more of the following actions:
• Oral warning
• Written warning
• Immediate dismissal or banning from the library in which the behavior
occurred
The penalty will be decided by the management of the individual library.
Disruptive behavior meeting the criteria of immediate banning will be enforced at
all Harnett County Public Libraries and Affiliate Libraries. The management of the
Branch will:
• Send the patron a form letter
• Change the account information to indicate that the patron is banned
• Notify each Affiliate Library
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APPENDIX VII OUTREACH SERVICE POLICY
The purpose of the outreach program is to provide basic public library services to
individuals confined to their homes, nursing facilities and day care centers and who are
unable to come to the county library or municipal libraries in the county.
OUTREACH SERVICES
Services include programming for preschool children in childcare centers,
registering library users, lending materials, readers advisory service, very general
reference service, and reserves.
ADMINISTRATION
The Outreach Service operates as a part of the Harnett County Public Library
System under the direct supervision of the Director of the Harnett County Library.
Recipients of the outreach service may include:
o childcare centers
o nutrition sites o nursing homes
o homebound citizens
Outreach Services are provided by the Harnett County Public Library to the homes of
persons who meet the criteria for homebound service as established by the Harnett
County Public Library Board of Trustees. These criteria are similar to those of other
counties, as well as to the Medicare Home Health restrictions and the Meals on Wheels
guidelines.
A recipient of this service must meet one of the following conditions:
1. He/she must have a condition resulting from an injury or illness restricting his
ability to leave the residence except with the aid of supporting devices or the
assistance of another person, or he/she has a condition which is such that it is
medically contraindicated.
2. He/she must be a senior citizen (age 60 or older) who has no other means of
getting to a library facility.
3. He/she may need temporary homebound service; such will be provided to
persons who are suffering from extreme weakness after surgery or illness.
These persons must be incapacitated for at least six weeks.
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Exceptions to these conditions will be considered on a case-by-case basis by the
Outreach Library Assistant and the county Library Director.
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APPENDIX VIII SAFE CHILD POLICY
STATEMENT OF POLICY
During his entire visit to the library, a child seven years of age or younger must
be accompanied by a parent, legal guardian, or adult of at least 16 years of age who
acknowledges responsibility for the child. These parents and/or adults are responsible
for their children's behavior while in the building.
PHILOSOPHY BEHIND THE SAFE CHILD POLICY
The Harnett County Public Library welcomes children of all ages. It is a doorway
through which life-long learning takes place. The public library is however, a public
building. As such, anybody can come into it--law abiding or otherwise.
Library staff have many duties to perform in order to serve all citizens of Harnett
County. They cannot monitor the behavior or whereabouts of any patron, including
children. Staff does not take over parental responsibilities for children who come into
the library.
A child could be tempted to go off with a stranger. A child could become ill. A
child could get lost. Any of these or other emergencies could take place in a public
building. It is for the safety of each child that the Harnett County Library has adopted
this Safe Child Policy.
The safety of children left alone in the Library is of serious concern to Library
staff. Parents and guardians, not Library staff, are responsible for the care, behavior
and supervision of their children while using the Library and on its property. Library
staff cannot be responsible for children who are unattended or demonstrating
inappropriate behavior. Children in the Library should always be accompanied by a
parent, legal guardian, or assigned caregiver of at least 16 years of age who
acknowledges responsibility for the child, according to the guidelines listed below.
1. Children ages 7 and under must be supervised by a parent/caregiver who must
remain in the immediate vicinity of the child(ren) at all times.
2. Children ages 8-12 must have a parent/caregiver in the Library building with
them at all times, though the assigned caregiver does not have to be in the immediate
vicinity of the child(ren).
3. Children ages 13 and older may use the Library on their own, provided they
comply with all Library rules and policies. All children should have the telephone
number of a parent/caregiver who could assist them in an emergency.
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4. Children 12 years or younger who are attending a Library program need not be
accompanied into the program by a parent/caretaker, unless otherwise indicated.
Parents/caretakers must, however, be present in the building during the Library
program in case an emergency should arise.
5. Parents are advised that, even in their absence, they are legally responsible for
their child’s behavior while using the Library and on its property. The Library is not
responsible for an unattended child while that child is in the building, on the premises,
or if they leave the Library property.
VIOLATION OF THE SAFE CHILD POLICY CONSTITUTES GROUNDS FOR
SUSPENSION OF LIBRARY PRIVILIGES FOR THE ENTIRE FAMILY.
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APPENDIX X HOLIDAY WEEKEND CLOSING POLICY
Because, unlike most other departments of county government, the library is open on
weekends and the county-declared holidays do not account for weekend days, the
following closing policy shall apply.
Weekend Days Closed:
The Library will observe the same holidays as other county offices. In addition, if a
holiday falls on Friday or Monday, and it is observed on Friday or Monday, the library
will also be closed on Saturday; the only exception is Thanksgiving Saturday when the
library will be open.
Closing Time:
The Library will close at 5:30 p.m. on the following
days: o Thanksgiving Eve
o Christmas Week (if Christmas falls on Sunday, it will be the week before
Christmas) o New Year’s Eve (if it falls on a week day)
(This policy will only apply to the County Headquarters Library. Hours at branch
libraries will vary depending upon external factors and staffing.)
Main Branch (Lillington)
Monday – Thursday 9AM – 8PM
Friday 9AM – 5PM
Saturday 9AM – 1PM
Anderson Creek School
Year Hours
Tuesday & Thursday 4PM –
8PM Saturday 10AM – 2PM
Anderson Creek
Summer Hours
(subject to change)
Monday & Tuesday 3PM – 7PM
Wednesday, Thursday, Saturday
10AM –
2PM
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OTHER LIBRARY POLICIES
All persons are subject to the POLICIES AND PROCEDURES of the library that are
posted in the library.
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Appendix I - Request for Reconsideration of Library
Material Form
Request for Reconsideration of Library Material
The Board of Trustees of the Harnett County Public Library has established a
materials selection policy (see Service Policy of the Harnett County Public Library
System, Section IV.b) and a procedure for gathering input about particular items.
Completion of this form is the first step in that procedure. If you wish to request
reconsideration of a resource, please return the completed form to the Library Director.
Date
Name
Street
Address
City State/Zip
Phone Email
Who do you represent? ▢ Self ▢ Organization
____________________________
1. Resource on which you are commenting:
▢ Book/eBook ▢ Movie ▢ Magazine ▢ Audio
Recording
▢ Digital
Resource
▢ Game ▢ Newspaper ▢ Display/exhibit
▢ Other (explain)
Title
Author
2. What brought this resource to your attention?
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3. Have you examined the entire resource? If not, what section(s) did you review?
4. What concerns you about the resource? Cite pages or scenes. (Use other side or
additional pages if necessary)
5. Are there resource(s) you suggest to provide additional information and/or other
viewpoints on this topic?
6. What action are you requesting the committee consider?
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Appendix II - Request for Consideration of Material
Not Held Form
2
Commented [JRC5]: Logo will need to be updated when
finalized.
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1
SERVICE POLICY OF THE
HARNETT COUNTY PUBLIC
LIBRARY SYSTEM
Adopted by the Harnett County Library Board of Trustees
July 26, 2023
Adopted by Board vote
TBD
Contents
I. Summary of Goals and Objectives
II. Borrowing Policy
a. Library Cards
b. Circulation
1. Renewals
2. Fines and Fees
III. Library Services
a. Reference Services
b. Printing, Copying, Scanning, and Faxing
c. Outreach Services
1. Homebound Outreach Criteria
d. Interlibrary Loan (ILL)
e. Hours of Operation
1. Holiday Hours
IV. Collection Development
a. Support for Intellectual Freedom
b. Selection Criteria
c. General Criteria
d. Content Criteria
e. Special Considerations
1. Electronic Information
2. Textbooks
3. Self-Published Works
f. Selection of Materials on Controversial Topics
g. Collection Maintenance and Deselection
h. Reconsideration
i. Scope of Collection
V. Gifts and Donations
VI. Internet Use & Library Devices
a. Public Computer Access
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2
b. Wireless Internet Access
c. Content Filtering
d. Patron Responsibilities
e. Parent and Guardian Responsibilities
f. Privacy
g. Limitation of Liability
VII. Library Staff and Board of Trustees
a. Staff and Board Relationships
b. Relation to Government Officials and Financial Support
VIII. Code of Conduct
IX. Safe Child Policy
a. Unattended Child
b. Emergencies
X. Meeting Spaces
a. Allowed Types of Use
b. Prohibited Types of Use
c. Guidelines for Meeting Space Use
XI. Community Information
XII. Privacy Policy
a. What Information Does the Library Collect?
b. Who Has Access to Data?
c. Library Materials and Borrowing History
d. Public Computers and Wireless Network
e. Surveillance Cameras
f. Library Website
1. HTTPS
2. Cookies
3. Non-Library Websites
g. Data and Network Security
h. Children’s Privacy
i. Third-Party Vendors
Appendix I: Request for Consideration of Library Material Form
Appendix II: Request for Consideration of Material Not Held Form
Appendix III: Memorial/Honor Donation Form
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3
Vision Statement
Supporting the love of reading, the joy of learning, and the search for information, ideas, and
knowledge.
Mission Statement
The Harnett County Library System’s (the “Library”) Mission is to cultivate lifelong learning,
empower individuals, and strengthen our community.
I. Summary of Goals and Objectives
The following are the library’s goals and objectives as established in the 2018-2023
Harnett County Public Library Master Plan:
Goal 1.
Empower the economic development, student success, and personal
growth of our communities.
a. Strengthen support for our entrepreneurs, workforce, and job seekers
b. Partner with local schools to enhance young people’s 21st-century
literacy and life skills
c. Fuel our county’s passion for reading, personal growth, and learning
Goal 2.
Create consistently exemplary patron experiences
a. Consolidate the county’s branches into a unified library system
b. Provide more hours of library access across the county
c. Develop county-wide programming for children, teens, and adults
d. Bring library resources to where people are
Goal 3.
Create library spaces that are welcoming to all
a. Enhance the library grounds, buildings, and interiors
b. Grow collections of materials of cultural relevance and significance
c. Configure spaces to provide flexible learning environments equipped
with cutting-edge technology
d. Develop a Western Harnett Library branch
Goal 4.
Develop and build strategic collaborations to strengthen the library and
our communities
a. Partner with county government and organizations to develop a “one-
stop shop” for patrons
b. Identify additional outreach venues through partnerships
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4
c. Seek collaborative opportunities to showcase the best of our
community
Goal 5.
Build a collaborative and supportive work environment that encourages
innovation
a. Build library staff and institutional capacity to innovate
b. Challenge employees to respond creatively to library opportunities
and challenges
c. Utilize rigorous analysis of user data to provide a positive patron
experience
II. Borrowing Policy
a. Library Cards
The Harnett County Public Library provides its services to all residents of Harnett County.
Membership will not be denied or abridged because of age, sex, ethnicity, religion, race,
identity, or economic status.
Any person meeting any of the following qualifications may obtain a free library card by visiting
a Harnett County Public Library location:
● Resident of Harnett, Chatham, Wake, Johnston, Sampson, Cumberland, Moore or Lee
counties
● Owner of property in Harnett County
● Person employed in Harnett County
● Student attending school in Harnett County
Current proof of residency is required, typically in the form of federal, state, local government
or school photo ID. If the photo ID does not show a current address, a second document
showing proof of residency must be provided. Acceptable proof of residency documents may
include a utility bill, a signed lease agreement, a checkbook, or any postmarked piece of mail
showing the individual’s name and address.
Children under the age of 16 must be accompanied by a parent or guardian in order to obtain
a library card. Parents and guardians assume responsibility for the borrowing activities of the
children they register.
The initial library card issued to a patron is free. Any replacement card is $1.00.
b. Circulation
The following outlines loan periods for materials:
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Type of Material Loan Period Renewals
Books and Audiobooks 21 days 2 renewals
DVDs, BlueRay disks and
periodicals
7 days Not renewable
Additional material types may be available for lending, including technology, kits, and
equipment. These materials may have varying loan periods and policies that are specific to the
owning library branch. Patrons are encouraged to contact their local library for details and
restrictions.
Technology hardware such as hotspots and laptops may be disabled when overdue.
1. Renewals
Renewals will not be processed for materials that are:
● On hold for another patron
● Checked out to an account with outstanding fines and/or lost items
2. Fines and Fees
Harnett County Public Library does not charge fines for materials that are returned after their
due date. However, borrowed materials are considered lost when they are more than 30 days
overdue. The charge for any lost library material is the cost of the material. Lost item charges
are removed if the lost item is returned in usable condition. Payments for lost items that are
later returned are not refunded.
The charge for damage to library material is determined as fairly as possible, usually after
some research.
III. Library Services
The Harnett County Public Library provides materials, services, and programs that support
the library’s mission to cultivate lifelong learning, empower individuals, and strengthen our
community.
a. Reference Services
Reference services are intended to provide assistance on a specific topic such as job
searching, reading recommendations, research, and technology. Any library patron may
access these services, regardless of whether they disclose their reason for requesting them.
There is no fee for reference services.
Patrons requiring extended assistance with a topic are encouraged to arrange a one-on-one
“Book-A-Librarian” appointment with a member of the library’s reference staff. Book-A-
Librarian sessions may not exceed one hour unless otherwise arranged with staff. Sessions
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must be scheduled at least 24 hours in advance and are dependent upon staff availability.
Patrons are expected to arrive on time for their scheduled sessions. Consistent tardiness
and/or cancellations without advance notice may result in Book-a-Librarian privileges being
revoked.
Staff may not always be able to provide assistance on a particular topic. Staff does not provide
medical, legal, financial, advanced technical, or business advice or opinions.
b. Printing, Copying, Scanning, and Faxing
Printing, photocopying, flat-bed scanning, and faxing services are available for public use.
Fees for services are as follows:
Printing and Copying
8.5x11” and 8.5x14” black and white $0.10 per side
8.5x11” and 8.5x14” color $1.00 per side
11x17” black and white $0.20 per side
11x17” color $2.00 per side
● Scanning
○ Free
● Faxing
○ Local and long distance: $0.25 per page
b. Outreach Services
The purpose of the outreach program is to provide basic public library services to nursing
facilities, child care centers, and those who are unable to come to the county library due to
injury, disability, or illness. Outreach services include: registering library users, lending
materials, readers advisory service, general reference, material requests, and programming for
preschool children in childcare centers.
Outreach Services are provided by the Harnett County Public Library to the homes of persons
who meet the criteria for homebound service as established by the Harnett County Public
Library Board of Trustees.
A recipient of homebound outreach services must meet one of the following conditions:
• Has a condition resulting from an injury or illness restricting his/her ability to leave
the residence except with the aid of supporting devices or the assistance of another
person, or he/she has a condition which is such that it is medically contraindicated
• Is 60 years of age or older and has no other means of getting to a library facility
• May need temporary homebound services, such as someone who is suffering from
extreme weakness after surgery or illness, and will be incapacitated for at least six
weeks
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Exceptions to these conditions will be considered on a case-by-case basis by the Outreach
Library Assistant and the Library Director.
d. Interlibrary Loan (ILL)
The Harnett County Public Library accepts responsibility for securing information beyond its
collections and those of the NC Cardinal consortium by borrowing for patrons materials that
the library cannot acquire. The library will adhere to the policies and procedures outlined in the
Interlibrary Loan Code for the United States1 as set forth by the Reference and User Services
Association of the American Library Association.
The Harnett County Public Library does not charge for Interlibrary Loan. However, there may
be late, damaged, or lost fees charged to patrons from the lending library should an ILL item
not be returned on time, is returned damaged, or is never returned, which can bar patrons
from using ILL or other Harnett County Public Library services until the charges are reconciled.
e. Hours of Operation
Library services are provided during the hours which best meet the needs of the citizens of the
county and can be reasonably provided by the available staff. Those hours are as follows:
Harnett County Main Library
Located at 455 McKinney Parkway, Lillington, NC 27546
● Monday - Thursday: 9:00 AM - 7:00 PM
● Friday: 9:00 AM - 5:00 PM
● Saturday: 9:00 AM - 1:00 PM
Anderson Creek Public Library
Located at 914 Anderson Creek School Road, Bunnlevel, NC 28323
The Harnett County Public Library facilitates a small collection of adult, teen and juvenile items
inside the Anderson Creek Primary School Media Center. Access to the public library
collection is subject to school schedules and closures.
When Harnett County Public Schools are in session:
● Tuesday and Thursday: 4:00 PM - 7:00 PM
● Saturday: 10:00 - 2:00
Summer hours:
● Monday and Tuesday: 3:00 PM - 7:00 PM
● Wednesday, Thursday, and Saturday: 10:00 AM - 2:00 PM
Angier Public Library
Located at 28 N. Raleigh Street, Angier, NC 27501
● Monday, Wednesday, and Friday: 9:00 AM - 5:00 PM
● Tuesday and Thursday: 9:00 AM - 6:30 PM
1 "Interlibrary Loan Code for the United States", American Library Association, September 29, 2008.
http://www.ala.org/rusa/guidelines/interlibrary (Accessed February 7, 2023) Document ID: 10a585e3-
de13-2484-5dc5-d1665a306a91
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8
● Saturday: 9:00 AM - 2:00 PM
Boone Trail Community Center and Library
Located at 8500 Old US Highway 421, Lillington, NC 27546
● Monday and Tuesday: 2:00 PM - 8:00 PM
● Tuesday, Wednesday, and Friday: 2:00 PM - 6:00 PM
Coats Public Library
Located at 29 E. Main Street, Coats, NC 27521
● Monday - Friday: 9:00 AM - 5:00 PM
● Monday, Wednesday, and Friday: 9:00 AM - 5:00 PM
● Tuesday and Thursday: 9:00 AM - 6:30 PM
● Second Saturday of the month: 9:00 AM - 1:00 PM
Dunn Public Library
Located at 100 E. Divine Street, Dunn, NC 28334
● Monday - Wednesday: 9:00 AM - 6:00 PM
● Thursday: 11:00 AM - 6:00 PM
● Friday: 9:00 AM - 5:00 PM
● Saturday: 9:00 AM - 1:00 PM
Erwin Public Library
Located at 110 W. F Street, Erwin, NC 28339
● Monday, Wednesday, and Friday: 9:00 AM - 5:00 PM
● Tuesday and Thursday: 9:00 AM - 7:00 PM
● First Saturday of the month: 9:00 AM - 1:00 PM
1. Holiday Hours
The library observes the same holidays as other Harnett County offices. In addition, if
a holiday is observed on a Monday, the library will be closed on the preceding
Saturday. If a holiday is observed on a Friday, the library will be closed on the
following Saturday; the only exception is Thanksgiving Saturday, during which the
library will operate under standard Saturday hours.
The library will close at 5:30 PM (if it is typically open after 5:00 PM) on the following days:
● The Wednesday before Thanksgiving
● The week of Christmas (if Christmas falls on Sunday, it will be the week before
Christmas)
● New Year’s Eve (if it falls on a weekday)
IV. Collection Development
The Harnett County Public Library’s materials collection is developed and managed to meet
the majority of the cultural, informational, educational, and recreational needs of the citizens of
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Harnett County. The library builds and maintains a patron-oriented collection by anticipating
and responding to needs and expectations.
Collection decisions are made in conjunction with strategic initiatives, including:
● Positioning the library as the preferred partner for lifelong learning
● Embracing diversity
● Developing library services that incorporate both physical and electronic collections
● Committing to excellence in service to improve effectiveness and remove barriers
Library staff contributes to the development of patron-oriented collections by:
● Engaging in open, continuous two-way communication with library patrons and
recognizing that individuals have different ways of expressing their needs based on
age, language, economic status, culture, and other characteristics
● Interacting with patrons with understanding, respect, and responsiveness
● Handling all requests equitably
● Working in partnership with one another to understand and respond to community
needs
● Understanding and responding to rapidly changing demographics, as well as societal
and technological changes
● Recognizing that materials of varying complexities and formats are necessary to satisfy
diverse needs of library users
● Balancing individual needs and broader community needs in determining the best
allocation of collection budget for acquiring or providing access to materials and
information
● Seeking continuous improvement through ongoing measurement
● Reviewing the collection on a regular basis to identify areas of community interest that
may need to be strengthened
a. Support for Intellectual Freedom
The library provides an impartial environment in which individuals and their interests are
brought together with the universe of ideas and information spanning the spectrum of
knowledge and opinions. The Library Board of Trustees affirms the American Library
Association’s Library Bill of Rights2, Freedom to View3, and Freedom to Read4 policy
statements in support of acquiring and managing collections.
2 "Library Bill of Rights", American Library Association, June 30, 2006.
http://www.ala.org/advocacy/intfreedom/librarybill (Accessed February 7, 2023) Document ID:
669fd6a3-8939-3e54-7577-996a0a3f8952
3 "Freedom to View Statement", American Library Association, May 29, 2007.
http://www.ala.org/advocacy/intfreedom/freedomviewstatement (Accessed February 7, 2023) Document
ID: 95444382-9c6c-e904-0962-be3aa96cdb5a
4 "The Freedom to Read Statement", American Library Association, July 26, 2006.
http://www.ala.org/advocacy/intfreedom/freedomreadstatement (Accessed February 7, 2023) Document
ID: aaac95d4-2988-0024-6573-10a5ce6b21b2
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b. Selection Criteria
Harnett County Public Library represents a broad demographic, with a patron base that can
include infants to the elderly. Selection criteria for library collections take into account the
various interests and needs of the patrons the library serves and supports the library’s mission
to cultivate lifelong learning, empower individuals, and strengthen our community. In selecting
materials and developing collections for adults, as well as children and teens, library staff
includes materials that represent the broad range of human experience, reflecting the diversity
not only of Harnett County but also the larger global perspective. Library collections will
provide a broad range of opinions on current issues and will be available in a variety of
formats, including print, audio-visual, and electronic.
Collections contain popular works, classic works that have withstood the test of time, and other
materials of general interest. Works are not excluded or included in the collection based solely
on subject matter or on political, religious, or ideological grounds. In building collections, library
staff is guided by the principle of selection, rather than censorship. Furthermore, the selection
of a given item for the library’s collections should not be interpreted as an endorsement of a
particular viewpoint.
To build a collection of merit, materials are evaluated according to one or more of the following
standards by staff who are qualified to do so because of education, training, experience, or job
classification. An item need not meet all of these criteria to be acceptable:
c. General Criteria
● Present and potential relevance to community needs
● Suitability of physical form for library use
● Suitability of subject and style for intended audience
● Cost
● Importance as a document of the times
● Relation to the existing collection and to other materials on the subject
● Attention by critics, reviewers, and media
● Potential user appeal
● Requests by library patrons
d. Content Criteria
● Authority
● Comprehensiveness and depth of treatment
● Skill, competence, and purpose of the author
● Reputation and significance of the author
● Objectivity
● Consideration of the work as a whole
● Clarity
● Currency
● Technical quality
● Representation of diverse points of view
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● Representation of important movements, genres, or trends
● Vitality and originality
● Artistic presentation and/or experimentation
● Sustained interest
● Relevance and use of the information
● Effective characterization
e. Special Considerations
1. Electronic Information Sources
Electronic resources are evaluated according to one or more of the following standards:
● Ease of use of the product
● Availability of the information to multiple simultaneous users
● Equipment needed to provide access to the information
● Technical support and training
● Availability of the physical or virtual space needed to house and store the information
or equipment
● Availability in full text
2. Textbooks
Professional and specialized materials, such as legal, medical, and religious works are
purchased if they are shown to be of general interest. The library does not purchase textbooks
or other materials for formal courses of academic study unless they provide the best or only
source of information on a subject, or to complement an existing area with another
perspective.
3. Self-Published Works
Self-published books are considered on a case-by-case basis, when they fit the scope of the
library’s collection and meet our selection criteria as outlined above. A positive review in one or
more major review journals, such as Library Journal, School Library Journal, Kirkus Reviews,
Booklist, and/or Publisher’s Weekly is the best way to bring a title to the library’s attention.
f. Selection of Materials on Controversial Topics
A balanced collection attempts to represent all sides of controversial issues as far as the
availability of materials, space, and budget allow. Selection is based upon criteria stated in this
policy. The ethnicity, religion, race, identity, or political views of an author or creator; offensive
language; depictions or descriptions of violence or sexually explicit activity; controversial
content of an item; or endorsement or disapproval by an individual or group in the community
does not cause an item to be included or excluded from the library’s collection.
The Harnett County Public Library contains materials that some patrons may find
objectionable. The library may also omit from the collection materials that some patrons feel
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are important. In either case, the library has procedures that patrons may use in requesting the
consideration or reconsideration of materials (see Appendix I).
g. Collection Maintenance and Deselection
The library continually withdraws items from the collection, basing its decisions on a number of
factors, including publishing date, frequency of circulation, physical condition, community
interest, availability of newer or more valid materials, and space. Items dealing with local
history are an exception, as are certain classics and award-winning books. Fiction that was
once popular but no longer in demand and non-fiction books that are no longer useful are
withdrawn from the collection.
Withdrawn books are donated to the Friends of the Library for book sales. The proceeds from
such sales are used for the benefit of the library. Books that are not sold will be recycled at the
discretion of the Friends of the Library.
h. Reconsideration
The library fully endorses the principles documented in the Library Bill of Rights and the
Freedom to Read Statement of the American Library Association. Materials available in the
library present a diversity of viewpoints, enabling citizens to make informed choices necessary
in a democracy. The library also selects a wide variety of library materials that satisfy the
diverse interests of our community. The library upholds the right of the individual to secure
these resources, even though the content may be controversial, unorthodox, or unacceptable
to some. The library’s varied collection is available to all; however, it is not expected that all of
the collection will appeal to everyone.
Patrons who wish to request the withdrawal or reclassification of materials currently owned by
the library are encouraged to discuss their concerns with a library manager or the Library
Director. If the patron is not satisfied with the response to their request, the manager or
Director will provide the patron with information and a form to request formal reconsideration
of the library resource (see Appendix I). Withdrawn books are donated to the Friends of the
Library for book sales. The proceeds from such sales are used for the benefit of the library.
Books that are not sold will be recycled at the discretion of the Friends of the Library.
i. Scope of Collection
The scope of library collections varies by location. The Harnett County Public Library System
has locations that range in size from small neighborhood libraries to large, more centrally
located sites within Harnett County. Due to size and space limitations, the variety of materials
available at each location differs. The Harnett County Public Library System has high-interest
materials in various formats supporting all areas of the collection as a whole. While some
materials may not be held in every library's collection, all materials are available to all library
card holders.
● Smaller locations have collections that consist primarily of high-interest materials.
● Medium-sized locations have collections that consist primarily of high-interest
materials, as well as more mid-range authors, titles, and subject areas.
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Larger-sized locations have collections that consist of high-interest materials, as well as a
wider range of unique authors, titles, and subject areas, including older titles with lasting value.
V. Gifts and Donations
Gifts and donations of materials are reviewed using the same selection criteria as purchases
(see Section IV). The library reserves the right to dispose of any gifts that are given to the
library. The library will determine how to best incorporate such materials into the existing
collections. Materials not added to library collections may be used for programs or given to
other local organizations such as schools, senior centers, or Friends of the Library groups.
Gifts received by the library that are not added to the library’s collection will be forwarded to
the appropriate Friends of the Library group for their disposition at a future sale. The proceeds
from this sale will accrue directly to the benefit of the library, in a fashion consistent with
accepted library policies and services as determined by the Board of Trustees. Any items
unsold by the Friends of the Library may then be donated to another organization or recycled.
Patrons may request a receipt indicating the monetary value of gifted material they have
voluntarily presented to the library. Donors are responsible for reporting the value of their
material.
Funds may be given to acquire materials recommended by library staff as prescribed in this
policy, or for purchase of specific items suggested by the donor. When the library receives a
cash gift for the purchase of materials, the library must make the selection with the general
selection principles outlined in this policy (see Section IV).
VI. Internet Use & Library Devices
Essential to the mission of the Harnett County Public Library is ensuring that the people of
Harnett County have the right and means to free and open access to ideas and information
which are fundamental to a democracy. The library will protect intellectual freedom, promote
literacy, encourage lifelong learning, and provide library materials and information services to
the public.
Use of the Internet and Internet-connected devices is managed in a manner consistent with
the library's policies on public behavior and child safety (see Sections VIII-IX).
To ensure that the use of the Internet and Internet-connected devices is consistent with the
mission of the Harnett County Public Library, the following regulations apply:
a. Public Computer Access
The library offers access to Internet-connected public computers so that users can connect
with informational, educational, recreational, and cultural resources beyond the scope of the
library’s physical collection. These are the guidelines for public computer access:
● Patrons may sign in to public computer terminals with a Harnett County Public Library
card or a guest pass.
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● Guest passes are available to non-library members. Guests must present a valid photo
ID to request a guest pass.
● Users are given 60 minutes of computer use per day.
● Computers automatically log off after 10 minutes of inactivity, and 10 minutes before
the library is scheduled to close.
● Library staff may limit computer use as time and demand necessitate.
● Users are responsible for all printing costs (see Section III.b.).
● Use of personal storage media, such as a USB drive, is permitted under the guidelines
included in the “Patron Responsibilities” listed below.
b. Wireless Internet Access
Wireless Internet (WiFi) service is free of charge and is accessible during the library’s normal
hours of operation. As with our public access computers, the wireless network is filtered in
compliance with state and federal regulations. Library users may also be able to access non-
library wireless networks within the library. Use of these networks within library facilities is also
subject to state and federal regulations as well as this policy.
Like most public wireless “hotspots,” the library's wireless network is not secure. Information
sent to or from your laptop can be intercepted by anyone with a wireless device and the
appropriate software. We strongly encourage users to observe standard security practices with
their passwords and credit cards. Users should also make sure their devices have the latest
virus protection software and system patches installed.
Users should also note:
● There is no guarantee that all wireless devices will work with the network.
● Use of the wireless network is entirely at the risk of the user.
● The library assumes no responsibility for the safety or security of a patron’s equipment
resulting from the connection to the wireless network.
● The library is not responsible for any losses incurred from using the wireless network.
● Staff can provide general information or handouts for connecting to the wireless
network but cannot troubleshoot problems with your network equipment or make
changes to the configuration or settings of your equipment.
c. Content Filtering
Use of library Internet and Internet-connected devices is made possible through facilities,
equipment, and communications technology purchased with public funds. The Children’s
Internet Protection Act (CIPA)5 requires libraries receiving such funding to install filters
(software that blocks access to Internet material containing obscene visual depictions, contain
child pornography, or are harmful to minors) on its Internet and Internet-connected devices. In
compliance with the Children's Internet Protection Act, the library has installed filters on all
5 “Children’s Internet Protection Act (CIPA)”, Federal Communications Commission, December 30,
2019. https://www.fcc.gov/consumers/guides/childrens-internet-protection-act (Accessed February 7,
2023).
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public Internet terminals and devices. This filter will attempt to impede access to those graphic
images and materials defined as harmful to minors in the North Carolina General Statutes §
14-190.1–14-190.15. Filtered content includes, but is not limited to, material that is:
● Obscene
● Child pornography
● Harmful to minors
● Malware
● Malicious software and actions
● Phishing
● Spyware
Filtering is imperfect and may restrict access to legitimate research sites. Also, filtering does
not guarantee that all proxy sites, obscene materials, and sites that pose security risks will be
blocked. Patrons may request that a website be reviewed to be blocked or unblocked by
contacting the library.
The library has no control over the content on the Internet and is not responsible for
information that is inaccurate, incomplete, or illegal. The library is not responsible for any
material transmitted electronically by users of its public Internet terminals or devices.
d. Patron Responsibilities
The library prohibits any unlawful use of the Internet by staff or users. The following actions will
not be allowed:
● Users may not engage in activities that violate state or Federal laws regarding public
display of pornography, cyberstalking, identity theft, fraud, etc.
● Users may not attempt unauthorized access (including hacking) to any computer
system.
● Users may not violate copyright laws or software license restrictions.
● Users may not make unauthorized disclosure of, use of, or dissemination of a minor’s
personal information by means of the Internet, e-mail or any other electronic
technology.
e. Parent and Guardian Responsibilities
As with other library materials, restriction and monitoring of a child’s access to the Internet is
the responsibility of the parent/legal guardian. Parents of minor children are responsible for the
child’s use of library Internet and Internet-connected devices.
f. Privacy
The library intends that all library staff and patrons benefit from the above resources while
remaining within the bounds of safe, legal, and responsible use. Patrons, staff, and other users
have no expectation of privacy in anything they create, store, send, delete, receive, or display
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when using the library’s network, devices, Internet access, or other technological resources
owned or issued by the library, whether the resources are used at the library or elsewhere,
and even if the use is for personal purposes. Users should not assume that files or
communications created, transmitted, or displayed using library technological resources will be
private. The library may, without notice, monitor, track, and/or log network access,
communications, and use. Such purposes may include but are not limited to, maintaining
system integrity, security, or functionality, ensuring compliance with library policy and
applicable laws and regulations, protecting the library and Harnett County from liability, and
complying with public records requests.
g. Limitation of Liability
Harnett County Public Library makes no guarantee that the functions or the services provided
by or through the library networks will be error-free or without defects. The library will not be
responsible for any damage you as a user may suffer, including, but not limited to, loss of data
or interruptions of service. The library is not responsible for the accuracy or quality of the
information obtained through or stored on the system. The library will not be responsible for
financial obligations arising through the unauthorized use of library terminals, devices, or
services.
The use of the wireless network indicates agreement with these terms and conditions.
Violations of these rules may result in loss of access as well as appropriate legal action.
Providing access to information on the Internet does not necessarily constitute an
endorsement of the content of any of that information by the Harnett County Public Library
system.
VII. Library Staff and Board of Trustees
a. Staff and Board Relationships
The Library Board of Trustees has official authority to supervise and formulate policies for the
library. The Board delegates to the Library Director the administrative responsibility of the
library and all its services. The Library Director serves as the liaison between the County
Manager, County Commissioners, the Library Board of Trustees, and library staff. The Library
Director is responsible for determining the needs of the library public by regularly undertaking
a planning process to set goals and objectives. The Library Director serves as secretary for
the county library Board of Trustees, which meets quarterly, or as needed.
The Board consists of eleven members. The municipalities Lillington, Angier, Coats, Erwin,
and Dunn, which have entered into library contracts with Harnett County, are each
represented by one person. The Anderson Creek Public Library and Boone Trail Community
Center and Library are each represented by one person. The five remaining members are at-
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large seats representing each of Harnett County’s five voting districts and as many ex-officio
Harnett County Board of Commissioners seats as deemed appropriate by the Commissioners.
The Board assists in the development and sustainment of the Harnett County Library System
and library service throughout Harnett County and periodically reviews and adopts library
policies. The Library Director assumes full responsibility for the staff of the library. With
advisement from the County Manager, the Library Director has authority to hire and dismiss
personnel. No important library business shall be transacted between any individual member
of the staff and the Library Board or the County Commissioners without the knowledge of the
Library Director.
b. Relation to Government Officials and Financial Support
The Library Board of Trustees recognizes that adequate financial support is basic for good
library services; and as the legally appointed governing board, it accepts the responsibility for
securing this support.
The Library Board of Trustees also acknowledges its responsibility to make periodic reports to
the governing officials. These reports will cover services rendered and will include new
services for which need is recognized. The Library Director monitors the budget using the
county automated finance system.
The authority delegated by the government unit to the Library Board will not be relinquished
because of political or financial pressure; nor will it be used in a high-handed and arbitrary
manner by the Library Board.
The following authorities have been officially delegated to the library Board of Trustees:
• To formulate and adopt programs, policies, and regulations for the government of
the library
• To make recommendations to the governing body concerning the construction and
improvement of buildings and other structures for the library system
• To supervise and care for the facilities of the library system
• To establish a schedule of fines and charges for late return of, failure to return,
damage to, and loss of library materials, and to take other measures to protect and
regulate the use of such materials
• To extend the privileges and use of the library system to nonresidents of the county
on any of the conditions the board may prescribe
• To otherwise advise the board of commissioners on library matters
The Board of Trustees shall make an annual report on the operations of the library to the
Harnett County Commissioners and shall make an annual report to the North Carolina State
Library as required by North Carolina General Statutes § 125-5. If the Board of Trustees is
abolished, the County Commissioners shall make the annual report to the State Library.
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VIII. Code of Conduct
It is the policy of the Harnett County Public Library to offer the full range of library service to all
residents of the community, regardless of age, sex, ethnicity, religion, race, identity, or
economic status, etc. The library intends to provide its services with a minimum of regulations
and restrictions, adopting only those which are absolutely essential to the library's operation.
Library users are expected to conduct themselves in a manner respectful of themselves, staff,
other library users, and library resources and facilities. Therefore, it is the policy of the Library
Board of Trustees to support the library staff in their efforts to maintain in the library system a
safe, quiet, pleasant environment that is free from disorderly conduct, nuisances, and
unnecessary disturbances. To ensure the successful implementation of this policy, the Board
holds that the following are examples of unacceptable behavior:
• Harassment, assault, or threatening of patrons or staff, whether physical, sexual,
verbal, or otherwise, including fighting
• Any illegal acts or conduct in violation of a federal, state, or local law, ordinance, or
regulation, including drug use and distribution, and solicitation of sexual acts
• Engaging in disorderly conduct or committing a nuisance in the library or on library
property, or unreasonably disturbing library users
• Obscene, abusive or derogatory language
• Following staff or users around the building, or other harassing or intimidating
behavior
• Carrying weapons of any kind
• Willful destruction or theft of, or damage to any library property
• Blocking or in any way interfering with the free movement of any person or persons
• Bringing animals other than service dogs into the building
• Consumption of food or drink in any unauthorized place
• Removal of any library property from the building without authorization through
established lending procedures
• Soliciting or sales of any kind
• Distribution of leaflets or posting of notices in areas not authorized for this purpose
(see Section XI)
• Use of library telephones not authorized by library personnel
• Unauthorized rearranging of any library furniture or equipment from one location to
another
• Noisy behavior that is disruptive to others such as loud talking, horseplay, and use
of sound on laptops, mobile phones and other mobile devices without headphones
• Dispensing of chemical or noxious substances, including pepper spray, stink
bombs, fireworks, mace and tear gas
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• Smoking anywhere in or within 50 feet of a building
• Violation of Internet Use & Library Devices policy (see Section VI)
• Failure to wear shirts and shoes in the library at all times
Incidents of unacceptable behavior may result in an oral or written warning. An individual may
be asked to leave immediately and may be permanently banned from library properties at the
library’s discretion in cases of a failure to comply with a warning, recurring violations, illegal
acts or conduct, or behavior that threatens the health, safety, or well-being of library staff and
guests. Violations of law will be referred to local law enforcement when necessary and criminal
behavior will be prosecuted under the law.
IX. Safe Child Policy
The Harnett County Public Library is dedicated to providing a safe and welcoming environment
for families and children. To support the library’s mission to cultivate lifelong learning, the
library offers designated spaces, programs, services, and resources for children. The library
neither supervises children nor acts in loco parentis, therefore the following Safe Child Policy
guidelines help staff navigate occasions in which children in the library lack supervision.
a. Unattended Child
The safety of children left alone at the library is one of serious concern to library staff. At all
times the legal responsibility for the supervision, care, and behavior of children lies with the
parent, guardian, or designated caregiver. Library staff cannot be responsible for children who
are unattended, and/or demonstrating inappropriate behavior. Children in the library should
always be accompanied by a parent, legal guardian, or assigned caregiver that is at least 16
years of age, and who acknowledges responsibility for the child according to these guidelines:
• All children should have a means by which to contact a parent, guardian, or designated
caregiver in case of an emergency.
• All children ages 7 and under must be supervised by a parent, guardian, or designated
caregiver who must remain in the immediate vicinity of the child(ren) at all times.
• Children ages 8-12 must have a parent, guardian, or designated caregiver in the
Library building with them at all times, though it is not necessary for the parent,
guardian, or designated caregiver to be in the immediate vicinity of the child(ren).
• It is not necessary for children over the age of 8 to be accompanied into a library
program by a parent, guardian, or designated caregiver unless otherwise indicated.
However, a parent, guardian, or designated caregiver must be present in the library
building during the entirety of the program.
• Children ages 13 and older may use the library on their own, provided they comply with
all Library rules and policies.
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X. Meeting Spaces
As a service to the community, the Harnett County Public Library offers a variety of meeting
and study spaces for use by the public. Meeting spaces vary by library branch; users are
encouraged to contact their local library for details and restrictions.
Permission to use a meeting space does not imply the library’s endorsement of the goals,
policies, or activities of any individual group or organization. The library does not endorse the
viewpoints of meeting space users and may not appear to do so in publicity for meetings.
Meeting spaces may be reserved free of charge on a first-come, first-served basis as
resources allow. Reservation procedures vary by library branch; users are encouraged to
contact their local library for booking information. Reservations for meeting spaces located at
the Harnett County Main Library in Lillington can be made on the library’s website.
a. Allowed Types of Use
● Events that are educational in focus, including study groups, seminars, and workshops
● Business meetings
● Civic meetings
● Cultural events
● Public-information events
b. Prohibited Types of Use
● Regular meetings of a club or group unless authorized
● Private social functions, including parties and showers
● Musical performances unless authorized
● For-profit promotional, commercial, or sales events
● Activities that would tend to incite or produce imminent lawless action, are obscene,
defamatory, or are promoting false and misleading information
c. Guidelines for Meeting Space Use
● Meetings may not disrupt the use of the facility by others, and persons attending the
meeting are subject to all library regulations and policies, including the Code of
Conduct (see Section VIII). The library is authorized to deny further use of the meeting
spaces to individuals or groups that violate the library’s policies and procedures.
● Meeting spaces may be used during normal operating hours, up to 30 minutes before
closing. Meetings may not be held outside of normal operating hours unless
authorized.
● Reservations for meeting spaces can be made up to 90 days in advance.
● Reservations that are not claimed within 30 minutes of the reservation start time will be
released for use by other users.
● All meetings must be open to the public but may require pre-registration.
HCBOC 090523 a Pg. 137
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● No fees, dues, or donations may be charged or solicited from persons attending
meetings in library meeting spaces unless authorized.
● Equipment, supplies, or personal effects cannot be stored in the library’s meeting
spaces before or after use.
● Meeting spaces must be left in clean and orderly condition.
● Signs, banners, or flyers may not be attached to any wall, ceiling, or library property
without authorization.
● Light refreshments are allowed in meeting spaces so long as the space is left in clean
and orderly condition.
XI. Community Information
The public library is a public forum for ideas and information. Therefore, the display of
posters, pamphlets, and flyers by the public is permissible in designated areas. The
permission to use the designated spaces does not constitute an endorsement by
library staff, the Library Board of Trustees, or the Board of Commissioners. The
following guidelines apply:
• Public posters, pamphlets, and flyers can be displayed on a first-come, first-served
basis as space permits on designated library bulletin boards, or spaces set aside for
this purpose.
• Materials other than posters, pamphlets, and flyers must be delivered to library staff for
permission to post.
• Materials should not exceed 8½ x 14” in size unless authorized.
• One item is permitted per event or function. Items are normally posted for 2 weeks
depending on the volume of requests. Notices of events must be removed after the
date of the event.
• As space is available, some limited advertising for local enterprises such as
babysitting, lawn care, etc. may be posted with prior authorization.
o Materials will not be posted if they are defamatory, harassing, contain
threatening messages or graphics, or may reasonably be construed as obscene
as defined by law.
Any questions regarding this policy should be referred to the Library Director. Final authority
rests with the Director.
XII. Privacy Policy
The Harnett County Public Library is committed to protecting users’ privacy. The library strives
to collect the least amount of personally identifiable information as possible and avoids
creating unnecessary records. We do not share personally identifiable information with third
parties unless served with a valid subpoena, by court order, or where otherwise required by
law.
The library follows North Carolina General Statutes § 125 Article 3: Library Records, which
requires all public libraries in North Carolina to guarantee the privacy of user records.
HCBOC 090523 a Pg. 138
22
a. What Information Does the Library Collect?
The library collects both personally identifiable information (PII) and anonymous information in
order to provide library services to users.
Personally identifiable information is any information that could potentially identify a specific
individual. The library strives to collect the least amount of personally identifiable information
possible in order to provide services. We avoid creating unnecessary records. The personally
identifiable information collected by the library may include:
• Name
• ID number (such as a driver’s license)
• Street/mailing address
• Home/cell phone number
• Cell phone carrier
• Email address
• Date of Birth
• Library barcode number
• Items currently checked-out, requested, canceled holds, and interlibrary loans
• Overdue items (until returned)
• Fine history
• Sign-up information for library classes, events, and services
Anonymous information is information that does not specifically identify an individual. The
anonymous information collected by the library for statistical and website optimization
purposes may include:
• URL (uniform resource locator) of the website you visited previous to the library’s
website (i.e., referral website)
• Domain names and/or IP addresses (numbers automatically assigned to your computer
whenever you are connected to the Internet)
• The browser version you are using to access the website
• Hardware and software type and language
• Cookie data
• Date and time of requests
• Demographic data
• Interaction data
• Page views, click data, and navigation flow
b. Who Has Access to Data?
All library user records are confidential. Library records may only be disclosed to:
• Library staff performing job duties
• Cardholders upon proof of identity
• Anyone with the library card number (Patrons should only share their card number with
people they trust. Lost or stolen cards should be reported immediately.)
• Law enforcement with a valid subpoena, national security letter, or warrant
HCBOC 090523 a Pg. 139
23
c. Library Materials and Borrowing History
The library does not keep a record of users’ borrowing history beyond operational
requirements. Once a patron returns an item, it is removed from their account. Items with lost
or damaged fees will remain on users’ accounts until they are resolved.
Under no circumstances will library staff answer a third-party inquiry into the circulation or
request history of a patron. Furthermore, it is the policy of the library not to yield any
information about its patrons or their reading history to any agency of government, whether
local, state, or federal, without a valid subpoena, national security letter, or warrant.
Radio Frequency Identification (RFID) technology is used to check out library materials, keep a
record of the library collection, and secure the collection from theft. RFID tags attached to
items only contain the barcode number of the item. No personal library user or transaction
information is stored on the RFID tag.
d. Public Computers and Wireless Network
The library does not keep a record of your activities on any public computer or on our wireless
network. Any record of browsing history and activities on our public computers or wireless
network is removed when you log out or disconnect. Information about your public computer
reservation (library card number, computer number, reservation time, and session duration) is
purged within 24 hours.
e. Surveillance Cameras
Several libraries have security cameras outside and/or inside the library building. Video is only
available to view by supervisory staff and Harnett County IT. Surveillance footage is governed
by public records law and all or some of the footage may be subject to disclosure. All such
requests must be in writing and submitted to the Harnett County Legal Department for review.
f. Library Website
1. HTTPS
The library’s website is encrypted with HTTPS. All communications between a user’s browser
and the library’s website are private. User account and catalog searching are also encrypted.
2. Cookies
Some library applications use what are called “cookies.” A cookie is a small file created by a
website and saved by the browser each time a website is visited. Cookies are stored on the
user’s computer and can transmit personal information. Cookies are used to remember
information about preferences and customization on the pages a user visits. Users can refuse
to accept cookies, disable cookies, and remove cookies from their hard drive by following the
instructions provided by the browser. Some third-party services may not work if cookies are
disabled.
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24
3. Non-library Websites
Non-library websites may be linked through the library’s website and may not follow the same
privacy policies as the library. Non-library websites include some of the links from our
Electronic Resources, Local Info & History, and Job Help pages, and others dispersed
throughout the library website. Visitors to such sites are advised to check the privacy
statements of the sites and to be cautious about providing personally identifiable information
without a clear understanding of how the information will be used.
g. Data and Network Security
The library is committed to data security and keeping personally identifiable information that is
collected by the library’s systems safe. The library monitors network activity to identify
unauthorized attempts to upload or change information or otherwise cause damage. The
library operates using secure data networks protected by industry-standard firewalls and
password protection systems. Only authorized individuals have access to the information
provided by our users.
h. Children’s Privacy
The safety and privacy of children are very important to the library. As with all other patrons,
personal information collected from children by the library is not shared with any non-
contracted agency or vendor. The library encourages parents to take an active role in their
children’s Internet use and to teach them about the importance of not revealing personal
information online.
i. Third-Party Vendors
The library works with third-party vendors to provide online learning, digital collections,
streaming media content, analytics, and more. These third-party vendors include providers like
Overdrive/Libby, NewsBank, Facebook, Instagram, NC Live databases, and more. When a
user leaves the library website, their interaction with these systems will be governed by their
privacy policies. Some of these vendors may collect and share information users provide to
them or require users to create a personal account to use their services. Check the vendor’s
policy statement and terms of service to learn more about how your data is tracked, stored,
and used.
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25
Appendix I - Request for Reconsideration of Library
Material Form
Request for Reconsideration of Library Material
The Board of Trustees of the Harnett County Public Library has established a
materials selection policy (see Service Policy of the Harnett County Public Library
System, Section IV.b) and a procedure for gathering input about particular items.
Completion of this form is the first step in that procedure. If you wish to request
reconsideration of a resource, please return the completed form to the Library Director.
Date
Name
Street
Address
City State/Zip
Phone Email
Who do you represent? ▢ Self ▢ Organization
____________________________
1. Resource on which you are commenting:
▢ Book/eBook ▢ Movie ▢ Magazine ▢ Audio
Recording
▢ Digital
Resource
▢ Game ▢ Newspaper ▢ Display/exhibit
▢ Other (explain)
Title
Author
2. What brought this resource to your attention?
HCBOC 090523 a Pg. 142
26
3. Have you examined the entire resource? If not, what section(s) did you review?
4. What concerns you about the resource? Cite pages or scenes. (Use other side or
additional pages if necessary)
5. Are there resource(s) you suggest to provide additional information and/or other
viewpoints on this topic?
6. What action are you requesting the committee consider?
HCBOC 090523 a Pg. 143
27
Appendix II - Request for Consideration of Material
Not Held Form
HCBOC 090523 a Pg. 144
\\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2023\090523\4D.1 Agenda_Harnett Air lease.docx
Page 1 of 1
Board Meeting
Agenda Item
MEETING DATE: September 5, 2023
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Harnett Air, LLC land lease agreement
REQUESTED BY: Christopher Appel - Senior Staff Attorney
REQUEST:
The legal department requests the approval of the land lease with leasehold
improvements between the County and Harnett Air, LLC. The annual lease amount is
$8,976.80 for a period of twenty years with three 5 year options to renew.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 4D
HCBOC 090523 a Pg. 145
1
LAND LEASE AGREEMENT
Between
COUNTY OF HARNETT
And
HARNETT AIR, LLC
HCBOC 090523 a Pg. 146
2
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
LEASE AGREEMENT
This Land Lease Agreement (this “Agreement”) is made and entered into this day
of September, 2023 by and between the County of Harnett, a body corporate and politic
under the laws of the State of North Carolina ("Lessor") and Harnett Air, LLC, a
limited liability company organized and existing under the laws of the State of North Carolina
("Lessee").
WITNESSETH:
WHEREAS, the Lessor owns and operates Harnett Regional Jetport (the “Airport”);
and
WHEREAS, the Lessor is willing to lease land to Lessee suitable for corporate hangar
and to permit construction and occupancy of a hangar on that property.
NOW THEREFORE, for and in consideration of the mutual premises and covenants
herein contained and in further consideration of the payment of rent hereinafter stipulated,
and of the terms and conditions herein set forth, Lessor and Lessee agree as follows:
SECTION 1. LEASED PROPERTY:
A.Leased Premises: The Lessor hereby leases to Lessee a parcel of land (the
“Property”), containing approximately 32,060 square feet, located at the Airport which
property is shown on the draft site plan (the “Draft Site Plan”) attached hereto as Exhibit “A”
and incorporated herein by reference. Upon final approval of the site plan (hereinafter the
“Final Site Plan”), The Draft Site Plan shall be replaced with the Final Site Plan. The
Property and the Leasehold Improvements described in Section 1(B) shall hereinafter be
referred to as the “Leased Premises”.
B.Improvements: Lessee will cause to be erected, constructed, or installed on
the Property such improvements as Lessee and Lessor shall agree are necessary or desirable
to serve as the base location for some or all of Lessee’s or Lessee’s tenants’ aircraft (the
“Leasehold Improvements”). Any future improvements as provided for in Section 6 shall
also be deemed to be a part of the Leasehold Improvements.
C.Title to Leasehold Improvements: Fee simple title to the Leasehold
Improvements shall be and remain in Lessee throughout the term of this Agreement. Upon
the expiration or other termination of this Agreement, fee simple title to all Leasehold
HCBOC 090523 a Pg. 147
3
Improvements and any permanent fixtures and remaining on the Leased Premises shall
immediately vest in the Lessor. Fee simple title to the Property shall at all times be and
remain in the Lessor.
D. Design of Improvements: Within one hundred eighty (180) days of the
execution of this Agreement, Lessee shall submit plans for constructing, erecting, and
installing the Leasehold Improvements on the Property to the appropriate governmental
agencies for approval and shall use commercially reasonable efforts to obtain all necessary
permits. A copy of the final plans as approved by the appropriate governmental agencies
shall be submitted to the Lessor. In addition, Lessee shall submit to the Lessor a schedule
for accomplishing the Leasehold Improvements. Prior to the initiation of any construction
by Lessee, a pre-construction meeting shall be held regarding construction and safety issues
at the Airport. Two (2) complete certified sets of as-built plans for all buildings and
improvements on the Leased Premises shall be delivered to the Airport Director within sixty
(60) days of completion of the Leasehold Improvements.
E. Architectural Requirements: All buildings constructed on the Property shall
have steel and/or masonry exteriors and shall be constructed of high-quality materials. The
Airport Director shall have the authority to approve all exterior colors. All structural
improvements, signs, equipment and interior design and décor constructed or installed by
Lessee, its agents, or contractors, including the plans and specifications, therefore, shall
conform in all respects to all applicable statutes, ordinances, building codes and rules and
regulations.
F. Construction of Improvements: Lessee agrees to commence construction
within the later of one hundred eighty (180) days after the date that Lessee obtains all
necessary permits and approvals by all governmental bodies in charge of the approval process
for the construction of the Leasehold Improvements. Construction of the Leasehold
Improvements shall be continuous and expedited so that the Leasehold Improvements shall
be completed as soon as practical. Lessor hereby approves Lessee or an affiliate of Lessee
to construct the Leasehold Improvements without further approval or consent from Lessor
other than customary permitting issues. Lessee shall maintain (or in the event Lessee hires a
contractor to construct the Leasehold Improvements, cause its general contractor to maintain
and to require the general contractor to require all other contractors working on the Leased
Premises to maintain) automobile, general liability, and worker’s compensation/employee’s
liability insurance coverage satisfactory to Lessor. All construction shall in all respects
conform to and comply with all applicable statutes, ordinances, building codes, rules and
regulations of such authorities as may have jurisdiction over any aspect of said construction.
Lessee, at its sole cost and expense, shall also procure all building, safety, fire, and other
permits necessary for any construction.
G. Aviation Restrictions on Land Development. Lessee shall comply with FAA
regulations that impact development on land parcels adjacent to or at runway ends and
comply with Facility Procedures (TERPS) and FAA Part 77 regulations. Any
HCBOC 090523 a Pg. 148
4
development must be consistent with criteria and standards set by FAA rules and
regulations. FAA regulations require submission of form 7460-1 to the FAA for any
construction or alteration that impacts airport operations. Lessee is responsible for
completing and submitting Form 7460-1 to the FAA for the construction of the Leasehold
Improvements.
SECTION 2. USE OF AIRPORT:
A. Use by Lessee: Lessee shall use the Leased Premises for aviation purposes,
which shall include a hangar with offices, customary facilities for use by pilots, restrooms,
apron, auto parking, and all other directly related ancillary aviation uses. The Leased
Premises shall be used solely and exclusively for aircraft storage and related uses by Lessee
and/or tenants of Lessee.
B. Ingress and Egress: Lessor hereby grants Lessee the right of ingress to and
egress from the Leased Premises over taxiways, ramps, airport roadways, including the use
of common-use roadways, such right being expressly subject to applicable laws and such
rules and regulations as may be reasonably established by the Airport Director with respect
to such use.
C. Public Airport Facilities: Lessor hereby grants Lessee the right, in common
with others, to use existing and future facilities on the Airport that provide for the landing,
taking off and taxiing of aircraft including navigational aids, hazard designation and warning
devices, lighting and clear zone areas, subject to applicable fees, if any, as set from time to
time by the Lessor.
D. Common Facilities: Lessor hereby grants Lessee the right, in common with
others, to use the public portions of the Airport and appurtenances thereto. Lessee shall not
conduct its operations in a manner to interfere with the reasonable use by others of common
facilities.
SECTION 3. RESTRICTIONS ON USE OF LEASED PREMISES:
A. Commercial Activities: Commercial Aeronautical Activities shall not be
conducted from the Leased Premises without the written consent of Lessor. It is expressly
agreed that use of the Premises to sublease space in Lessee’s hangar for the storage of aircraft
is not a Commercial Aeronautical Activity.
B. Fuel: Lessee may fuel only its own aircraft, using its own employees and
equipment, pursuant to Airport Rules and Regulations, and Lessee shall not under any
circumstances provide fuel to aircraft that are not either owned by it or leased to it on an
exclusive basis. Aircraft belonging to or operated by guests, invitees or subtenants of Lessee
shall obtain fuel from the Lessor.
HCBOC 090523 a Pg. 149
5
C. Control of Lighting: Lessee agrees to control all future lighting on the Leased
Premises to prevent illumination from being a hazard to pilots landing on, or taking off from,
or taxiing on the Airport. The determination of hazard shall rest solely upon the judgment of
the Airport Director.
SECTION 4. TERM OF LEASE:
A. Term: The term of this Agreement shall be for a period of twenty (20) years
(the “Initial Term”), commencing on the completion date of the Leased Premises and the
improvements thereon (defined as the day a permanent certificate of occupancy has been
issued by the appropriate governmental authority) (the "Commencement Date") unless
sooner terminated as provided herein. Lessee shall have the option to extend this Agreement
beyond the Initial Term for three (3) five (5) year terms (each a “Renewal Term”) upon the
same terms and conditions as contained herein, except that the amount of Rent being paid at
the end of the Initial Term and the first Renewal Term shall be increased by twenty five
percent (25%) and then escalated during each Renewal Term as set forth in Section 5(D).
For purposes of this Agreement, the word “Term” shall be deemed to include the Initial Term
and any properly exercised Renewal Term, unless the context clearly indicates otherwise.
Lessee shall have until ninety (90) days prior to the end of the Initial Term and the first
Renewal Term to give notice to Lessor of Lessee’s intent to renew.
B. Holding Over: If Lessee remains in possession of the Leased Premises after
expiration of the Term hereof with Lessor's acquiescence and without any express agreement
of parties, Lessee shall be a tenant at will at 125% of the rental rate in effect at the end of
such term. Lessee shall be bound by the terms and conditions of this Agreement as far as
applicable, and there shall be no renewal of this Agreement by operation of law.
SECTION 5. LEASE PAYMENTS:
A. Rent: Lessee agrees to pay Lessor a land rental of twenty-eight cents ($0.28)
per square foot per year, payable in equal annual installments, as annual Rent. Lessee shall
commence payment of Rent effective upon the execution of this Agreement. The initial
annual Rent shall be Eight Thousand Nine Hundred Seventy-Six Dollars and 80/100
($8,976.80). If the square footage of the Leased Premises changes from 32,060 square feet
the parties shall amend this Agreement to adjust the Rent.
B. Rent Payment Date: Rent is payable in advance on an annual basis and shall
be paid on or before the anniversary of the Commencement Date. Rent shall be made payable
to the County of Harnett and delivered to the Airport Director's office at 615 Airport Road,
Erwin, NC 28339, by check or the parties may agree to have the Rent paid electronically or
via other acceptable means.
HCBOC 090523 a Pg. 150
6
C. Late Payments: Lessee agrees to pay a penalty charge to Lessor in an amount
equal to five percent (5%) of each annual payment not received by Lessor within ten (10)
days of the date by which payment is due.
D. Rent Escalation: At the end of the Initial Term of the Lease, the Rent shall be
increased twenty-five percent (25%). After each Renewal Term, Rent shall be adjusted by
an amount equal to the lesser of (i) three percent (3%) or (ii) the increase in the Consumer
Price Index during the current period. The Rent so adjusted shall become the adjusted
monthly Rent for that Renewal Term. The Rent shall not be decreased if the Consumer Price
Index decreases.
"Consumer Price Index", shall be the Consumer Price Index for Urban Wage Earners
and Clerical Worker (1967 = 100) issued by the U.S. Bureau of Labor Statistics. If the
Consumer Price Index published by the U.S. Bureau of Labor Statistics is discontinued, then
the Consumer Price Index published by the U.S. Department of Commerce shall be used
(with proper adjustment); and if the U.S. Department of Commerce Index is discontinued,
then Lessor and Lessee shall, in good faith, agree on a suitable substitute.
E. Taxes and Fees: Lessee shall pay or cause to be paid, prior to delinquency,
all taxes, fees and assessments, including possessory interest taxes, on the Leased Premises
and to the extent levied on the Leasehold Improvements and any other improvements,
fixtures and equipment now or hereafter existing on the Leased Premises and on any personal
property situated in, on or about the Leased Premises, or in, on or about any buildings or
improvements thereon. The failure to pay any tax, license, fee or assessment, the validity of
which shall be contested in good faith and with reasonable promptness, shall not be
interpreted as a violation of this Section until such contest shall have been resolved in the
taxing authority’s favor or abandoned or the time for objection or appeal has expired.
F. Collection: Interest accrues on all amounts due from and after the payment
due date at the rate of 1.5% per month. If the Airport retains the services of an attorney to
collect any amounts due pursuant to this Agreement the Lessee shall be responsible for costs
of collection including, but not limited to, the payment of all reasonable attorney fees.
SECTION 6. ALTERATIONS OR FURTHER IMPROVEMENTS:
A. Plans and Specifications: Lessee may make interior, non-structural
alterations to the Leasehold Improvements without the consent of the Lessor but must notify
the Lessor of such improvements prior to the start of construction. Lessee shall not make
any structural or exterior alterations or additions, including landscaping, without the prior
written approval by the Airport Director for such work, which approval shall not be
unreasonably withheld or delayed. All structural or exterior improvements or alterations
shall comply with Sections 1(D) through 1(G) of this Agreement.
HCBOC 090523 a Pg. 151
7
B. Bonds: Prior to the commencement of any construction work upon the Leased
Premises Lessee shall obtain a corporate surety bond, satisfactory to Lessor, with Lessee's
contractor or contractors as principal, in the sum equal to not less than 100% of the amount of
the contract for the completion of such work guaranteeing the payments of wages for services
engaged and of bills contracted for materials supplied and equipment used in the performance of
such work, and protecting Lessor from any liability (including attorney's fees), and loss for
damage arising therefrom.
SECTION 7. UTILITIES:
A. Payment For Utilities: It is understood and agreed that the Rent does not
include payment for utilities. Lessee shall throughout the Term of this Agreement pay all
utility bills which may accrue in the operation of Lessee's business on the Leased Premises,
including but not limited to installation of meters, utility connections, etc.
B. Right of Connection: Lessee shall, at Lessee's expense, connect to all utilities
at the nearest points of existing utility lines, and shall thereafter maintain, repair and replace
all such utilities to and including the points of such connections.
C. Waiver of Damage: Unless caused by the gross negligence or willful
misconduct of Lessor or its contractors, agents or employees, Lessee hereby waives and
releases Lessor from any and all claims for damage arising or resulting from failures or
interruptions of utility services including but not limited to electricity, gas, water, plumbing,
sewage, telephone, communications, heat, ventilation, or for the failure or interruption of any
public or passenger conveniences for facilities.
SECTION 8. MAINTENANCE AND REFUSE:
A. Maintenance of Leased Premises: Lessee shall, throughout the Term of this
Agreement, at its own cost, and without any expense to Lessor, keep and maintain the Leased
Premises, including building and improvements of every kind which may be a part thereof,
and all appurtenances thereto, including sidewalks adjacent thereto, in good, sanitary and
safe order, condition and repair. All such repairs and replacements shall be of quality equal
to the original in materials and workmanship. Lessor may enter the Leased Property to
determine if maintenance satisfactory to Lessor is being accomplished pursuant to this
Agreement. Lessor shall not be obligated to make any repairs, replacement or renewals of
any kind, nature, or description, whatsoever to the Leased Property or Leasehold
Improvements.
B. Removal and Disposal of Refuse: Lessee shall arrange for such removal and
disposal of trash, clippings, refuse, garbage, and other debris from the Leased Premises at
HCBOC 090523 a Pg. 152
8
Lessee's own expense in accordance with applicable rules, laws, and ordinances. Trash,
clippings, garbage, and other debris shall be stored in closed containers suitably screened and
protected from public view, pending their removal and disposal. Such storage shall not
generate odors, attract rodents or insects, or become offensive in any manner. The containers
shall have paved access for the service providing their removal and disposal. The storage
area must be kept neat and clean at all times.
SECTION 9. INDEMNIFICATION AND INSURANCE
A. General Indemnification and Hold Harmless: Lessee shall indemnify, defend
and hold harmless, on demand, Lessor, its elected or appointed officials, agents, boards,
commissions, employees and representatives, for, from and against any and all liabilities,
suits, obligations, fines, damages, penalties, claims, costs, charges and expenses, including
but not limited to reasonable attorneys' fees, of any character or nature arising out of or
resulting from any act or occurrence in or upon the Leased Premises or any part thereof, or
otherwise arising from Lessee’s operations under and during the Term of this Agreement. In
any case in which Lessee provides a defense to the Lessor pursuant to this indemnity, the
defense will be provided by attorneys acceptable to Lessor. Lessee's obligations under this
Section shall survive any expiration or earlier termination of this Agreement.
B. Environmental Compliance and Indemnification: Lessee agrees to the terms
and conditions contained in "Compliance with Environmental Laws" attached as Exhibit
B hereto, including the indemnification provisions.
C. Liability Insurance: Lessee shall maintain in force during the Term of this
Agreement comprehensive general public liability and property damage insurance, including
products liability/completed operations and personal injury liability insurance, in the
minimum amount of $1,000,000.00 with respect to each person, and in the minimum sum of
$1,000,000.00 with respect to each accident or occurrence, and in the minimum sum of
$1,000,000.00 for injury or damage to property. This insurance shall include coverage for
contractual liability assumed under the indemnity provisions of this Agreement. Lessor shall
be named as an additional insured under such policy or policies of insurance.
Lessee shall maintain aircraft liability insurance covering all aircraft operated by and
for Lessee at limits acceptable to Lessor but not less than $1,000,000.00 each occurrence.
D. Fire Insurance: Lessee shall obtain and provide during the Term of this
Agreement, fire and extended coverage insurance covering the Leasehold Improvements and
the Lessee’s property located on the Property. The Lessee shall pay the premiums for such
insurance.
E. Worker’s Compensation and Employer’s Liability Insurance: Lessee shall
maintain worker’s compensation and employer’s liability insurance in the amounts and form
required by the laws of the State of North Carolina.
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F. Certificates of Coverage: Lessee shall furnish to the Airport Director within
thirty (30) days after execution of this Agreement or prior to the initiation of any construction
or development on the Leased Premises, which ever shall first occur, a certificate or
certificates evidencing such insurance coverage as is required pursuant to this Agreement
from companies doing business in North Carolina and acceptable to Lessor covering:
1. The required coverage and policy limits.
2. The location and the operations to which the insurance applies.
3. The expiration date of policies.
4. Certificate to contain Lessee's contractual insurance coverage.
5. The name and address of party to whom the certificates should be
issued:
ATTN: Airport Director
615 Airport Road
Erwin, NC 28339
6. If such coverage is canceled, reduced or materially changed, Lessee
shall, within fifteen (15) days after such cancellation, reduction or
material change of coverage, file with the Airport Director a certificate
showing that the required insurance has been reinstated or provided
through another insurance company or companies.
7. Prior to ten (10) days before the expiration of such certificate, Lessee
shall deliver to the Airport Director a certificate renewing or extending
the terms for a period of at least one (1) year or a certificate acceptable
to Lessor evidencing the required insurance coverage.
G. Blanket Insurance: Nothing in this Section shall prevent the taking out of
policies of blanket insurance, which may cover real and/or personal property and
improvements in addition to the Leasehold Improvements; provided, however, that in all
other respects each such policy shall comply with the other provisions of this Section 9.
SECTION 10. DAMAGE, DESTRUCTION, OR CONDEMNATION OF LEASED
PREMISES:
A. Damage of Leased Premises:
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1. Repair and Reconstruction. Unless this Agreement is terminated as
provided in Section 10(A)(2), then after any damage or destruction to the Leasehold
Improvements on the Leased Premises, Lessee shall (i) repair and restore the Leasehold
Improvements to substantially the same condition as existed immediately prior to the
casualty, or (ii) construct new Leasehold Improvements pursuant to Section 1 of this
Agreement.
2. Termination. If the Leasehold Improvements are damaged by fire or
other casualty, and the amount of the damage is greater than fifty percent (50%) of the
replacement cost thereof, then Lessee may terminate this Agreement by delivery of written
notice of termination to Lessor within ninety (90) days after the casualty. Upon such
termination, Lessee shall surrender the Leased Premises to Lessor, and neither party shall
have any further obligations or liabilities under this Agreement. Upon the termination of this
Agreement in accordance with the provisions of this Section 10(A)(2), all insurance proceeds
shall be applied: first, to satisfy any indebtedness secured by a leasehold mortgage, as
provided in Section 31; second, to the cost of razing the damaged Leasehold Improvements
and removing all debris; and third, the remaining balance of such proceeds shall belong to
and shall be payable to Lessee.
B. Condemnation:
1. Total Condemnation. In the event of condemnation, or any taking by
eminent domain, by any governmental entity, that renders the Leased Premises unusable for
the storage of aircraft and/or use of the Airport Common Areas this Agreement shall
terminate on the date of action taken by such governmental entity. The proceeds of any
award for the taking shall be distributed as follows:
a. Any award for land making up the Leased Premises,
specifically including the value of Lessee’s leasehold interest in the Leased Premises, shall
belong to the Lessor.
b. Any award for the value of the Leasehold Improvements shall
be divided between the Lessor and the Lessee as determined by the parties, or, if the parties
are unable to agree, by appraisals obtained by each party. In the event the appraisals differ
by less than ten percent (10%) the value shall be the average between the two appraisals. If
the appraisals differ by more than ten percent (10%), the appraisers retained by the parties
shall retain a third appraiser and the value of the Leasehold Improvements shall be the
average of the three appraisals.
c. Lessee may make a separate claim against the condemning
authority for any relocation benefits for which it may qualify.
2. Partial Taking. In the event of the condemnation of a portion of the Leased
Premises, if the remainder can be used for aircraft storage and use of the Airport Common
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Areas, as agreed by Lessor and Lessee, rental payments shall abate according to the ratio of
square footage so taken. Any condemnation award received for a partial taking shall be
payable to the Lessor. If the remaining property cannot be used for aircraft storage, it shall
be treated as a total condemnation as set forth in subparagraph 1 above.
3. Temporary Taking. Should any portion of the Leasehold Improvements be
condemned for a stated period, and Lessee remains in possession of the Leased Premises
during that period, Lessor shall have no interest in such award, and it shall go to Lessee, and
the Rent shall not abate.
SECTION 11. RIGHT OF ENTRY / ENCUMBRANCES:
A. Inspection: Lessor or its duly authorized representatives may enter upon the
Leased Property and the Leasehold Improvements at any and all reasonable times upon
reasonable advance notice during the term of this Agreement for the purpose of determining
whether or not Lessee is complying with the terms and conditions hereof or for any other
purpose incidental to the rights of Lessor.
B. Encumbrances: The Leased Premises shall be accepted by Lessee subject to
any and all then existing easements or other encumbrances. Lessor shall have the right to
install, lay, construct, maintain, repair and operate such sanitary sewers, drains, storm water
sewers, pipelines, manholes, connections, water, oil or gas pipelines, communications
facilities, navigational aids, and any other equipment or facilities related to the operation of
the Airport (including but not limited to roads and other facilities related in to ingress and
egress), and any other appliances and appurtenances necessary or convenient in connection
therewith, over, in, upon, through, across and along the Leased Premises, or any part thereof,
and to enter thereon upon reasonable advance notice (except that no notice shall be required
in the event of an emergency) at reasonable times for any and all such purposes; provided,
however, that no right of the Lessor provided for in this section shall be so exercised as to
interfere unreasonably with the Lessee’s operations, and no underground utilities shall be
installed underneath any vertical improvements on the Leased Premises.
SECTION 12. EVENTS OF DEFAULT BY LESSEE:
The happening of any one or more of the following listed events and the expiration
of any notice and cure periods herein provided (which events, upon such expiration, are
hereinafter referred to singularly as “event of default” and plurally as “events of default”)
shall constitute a breach of this Agreement on the part of Lessee:
(a) The filing by, on behalf of, or against Lessee of any petition or pleading to
declare Lessee a bankrupt, voluntary, or involuntary, under any Bankruptcy Act or law,
which is not dismissed within sixty (60) days after the date of filing.
(b) The commencement in any court or tribunal of any proceeding, voluntary or
involuntary, to declare Lessee insolvent or unable to pay its debts, which is not dismissed
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within sixty (60) days after the date of filing.
(c) The failure of Lessee to pay any rent or any other amount payable under this
Agreement within ten (10) days after written notice by the Lessor that the same is due and
payable.
(d) The appointment by any court or under any law of a receiver, trustee or other
custodian of the property, assets or business of Lessee, who is not dismissed within sixty (60)
days after the date of appointment.
(e) Except as expressly permitted in this Agreement, the assignment by Lessee
of all or any part of its property or assets for the benefit of creditors.
(f) The failure of Lessee to use the Leased Premises over a continuous period in
excess of sixty (60) days for reasons that are not otherwise excused under this Agreement.
Any personal property belonging to Lessee and left upon the Leased Premises and any or all
of Lessee's improvements and facilities thereon after abandonment shall, at the option of the
Lessor, be deemed to be abandoned by Lessee and shall, at the sole option of the Lessor,
become the property of Lessor.
(g) Except as specifically provided in Section 12(a)-(f), the failure in any material
respect of Lessee to perform, fully and promptly, any act required of it under the terms of
this Agreement, or otherwise to comply with any term or provision hereof within thirty (30)
days after written notice by the Lessor to the Lessee to do so, unless such default cannot be
cured within such period and Lessee has in good faith commenced and is prosecuting the
cure thereof, in which case the Lessee shall have a reasonable extension of such period in
order to cure such default.
SECTION 13. REMEDIES UPON DEFAULT:
Upon the occurrence of an Event of Default, Lessor may pursue any one or more of
the following remedies separately or concurrently, without prejudice to any other remedy
herein provided or provided by law: (a) Lessor may terminate this Agreement by giving
written notice to Lessee and upon such termination shall be entitled to recover from Lessee
damages as may be permitted under applicable law; or (b) Lessor may terminate this
Agreement by giving written notice to Lessee and, upon such termination, shall be entitled
to recover from the Lessee damages in an amount equal to all Rent which is due and all Rent
which would otherwise have become due throughout the remaining term of this Agreement,
or any renewal or extension thereof (as if this Agreement had not been terminated): (c)
Lessor, as Lessee’s agent, without terminating this Agreement, may enter upon and rent the
Leased Premises, in whole or in part, at the best price obtainable by reasonable effort, without
advertisement and by private negotiations and for any term Lessor deems proper, with Lessee
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being liable to Lessor for any deficiency, if any, between Lessee’s Rent hereunder and the
price obtained by Lessor on reletting, provided however, that Lessor shall not be considered
to be under any duty by reason of this provision to take any action to mitigate damages by
reason of Lessee’s default and expressly shall have no duty to mitigate Lessee’s damages.
No termination of this Agreement prior to the normal ending thereof, by lapse of time or
otherwise, shall affect Lessor’s right to collect Rent for the period prior to termination
thereof.
SECTION 14. NON-WAIVER OF DEFAULTS:
No Waiver by either party of default by the other party of any terms, covenants, or
conditions hereof to be performed by such other party shall be construed to be a waiver of
any subsequent default. No term, covenant, or condition hereof can be waived except by
written consent of the non-defaulting party. The acceptance of rent or the performance of all
or any part of this Agreement by the Lessor for or during any period or periods after default
of any of the terms, covenants and conditions herein contained to be performed, kept and
observed by the Lessee, shall not be deemed a waiver of any right on the part of the Lessor
to declare a default or cancel this Agreement for a subsequent breach thereof.
SECTION 15. LESSEE'S ENCUMBRANCES:
A. Liens: Lessee shall keep the Leased Premises and all improvements thereon
free from any and all liens including those arising out of any work performed, materials
furnished, or obligation incurred by Lessee, or its employees, agents, or contractors.
Notwithstanding the foregoing, if any Lien is filed against the Leased Premises for work
claimed to have been done for, or materials claimed to have been furnished to the Lessee,
Lessee shall either cause the same to be discharged of record within thirty (30) days after the
date of filing, or, if Lessee, in Lessee’s discretion and in good faith, determines that the lien
should be contested, shall furnish such security as may be necessary or required to
prevent the pendency of such contest, and Lessee shall indemnify and hold Lessor harmless
from and against any and all costs, expenses, claims or losses resulting there from by reason
thereof. If Lessee shall fail to discharge said Lien, or, in the event the lien cannot be
discharged within the time period, if Lessee shall fail to undertake the steps necessary to
secure the discharge of such lien, then, Lessor may, but shall not be obligated to discharge
the same, either by paying the amount claimed to be due or by procuring the discharge of
such lien, and Lessee shall, within ten (10) days after written demand by Lessor, reimburse
Lessor for all of its costs and expenses arising in connection with the lien, including
reasonable attorney fees.
SECTION 16. TERMINATION:
A. Termination at end of Term: Lessee shall have the right to remove during the
Term hereof any and all fixtures which Lessee may have placed or installed upon the Leased
Premises. Lessee shall, upon termination of this Agreement in any manner, quit and deliver
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up the Leased Premises to Lessor peaceably, quietly, and in as good order and condition as
the same now are or may be hereafter improved by Lessee or Lessor, with the exception of
reasonable use and normal wear.
B. Early Termination by Lessor: Should this Agreement terminate by the action
of the Lessor pursuant to the terms of this Agreement and/or to ensure compliance with State
or Federal laws, rules, regulations, or assurances, for reasons other than event of default by
Lessee, prior to the expiration of the Term, including option periods, the Lessor shall
reimburse Lessee an amount (the “Unamortized Investment”) equal to the product of (i)
Lessee’s Investment, as that term is defined in Section 16(C) of this Agreement, which shall
be agreed to promptly after the Commencement Date by the parties and (ii) a fraction, the
numerator of which will be the number of complete months remaining until the completion
of the thirty-fifth year of the Term on the date of termination and the denominator will be
420 months.
C. Lessee’s Investment: Lessee’s Investment shall mean an amount equal to the
sum of (i) Lessee’s actual documented costs, both direct and indirect and both hard and soft,
in providing the Leasehold Improvements plus (ii) the cost of any alterations or
improvements approved by the Lessor pursuant to Section 6(A), if any. In the event Lessee
should utilize any components or materials already owned by it in constructing the Leasehold
Improvements, its “cost” for purposes of defining Lessee’s Investment shall mean the lesser
of (i) Lessee’s cost basis in such components or materials for federal income tax purposes at
the time of said construction is completed, or (ii) the fair market value of such components
or materials.
SECTION 17. LESSOR'S LIEN:
If Lessee is in default under any covenant, term or provision of the Agreement after
any applicable cure period, or has abandoned the Leased Premises, in addition to any other
rights pursuant to this Agreement, Lessee hereby grants to Lessor a lien upon any
improvements, personal property and trade fixtures of Lessee upon the Leased Premises,
which lien Lessor may satisfy by selling said improvements, personal property or trade
fixtures at public or private sale without notice to Lessee and from the proceeds of said sale
satisfy first any costs of storage, removal and sale, and any other debts due from Lessee to
Lessor, and secondly, satisfy the total amount of unpaid rent due hereunder and hold any
balance for the account of Lessee. This lien shall inure to Lessor's benefit whenever Lessee
is in default hereunder and when Lessor exercises any right, which Lessor may have at law,
in equity or under this Agreement.
SECTION 18. QUIET ENJOYMENT:
Lessee, upon payment of the fees and all other payments and charges to be paid by
Lessee under the terms of this Agreement and upon observing and keeping the agreements
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and each of the covenants of this Agreement on the part of Lessee to be observed and kept,
shall lawfully and quietly hold, occupy and enjoy the Leased Premises during the term of
this Agreement.
Lessee shall not commit or suffer to be committed in or upon the Leased Premises
any other act or thing which may unreasonably disturb the quiet enjoyment of any other
tenant at the Airport or adjoining property to the Airport.
SECTION 19. SALE, ASSIGNMENT, TRANSFER AND SUBLETTING:
Lessee shall not sell, assign, or transfer this Agreement without the prior written
consent of the Lessor, which consent may be withheld by Lessor for any reason in its sole
and absolute discretion. With the exception of subleasing Lessee’s hangar for the storage of
aircraft, Lessee shall not sublease the Leased Premises or any portion thereof, nor shall
Lessee sublet any privileges granted with respect to the operation of said Leased Premises or
any portion thereof. No assignment or sublease shall serve to release the Lessee from any of
its obligations, duties, or responsibilities under this Agreement unless the Lessor agrees
thereto in writing. No assignee for the benefit of Lessee's creditors, and no trustee, receiver,
or referee in bankruptcy shall acquire any rights under this Agreement by virtue of this
Section. Notwithstanding the above, the Lessee can, with Lessor’s prior written approval,
assign this lease to an affiliate, parent or subsidiary entity in which the Lessee has at least a
50% ownership interest. Subject to the terms and conditions of Section, the provisions of
this Agreement shall bind and inure to the benefit of the successors and assigns of the parties
hereto.
SECTION 20. PUBLIC USE AND FEDERAL GRANTS:
A. Grant Agreements: The parties acknowledge that the Leased Premises and the
Airport are subject to the terms of those certain sponsor's assurances made to guarantee the
public use of the Airport as incidental to grant agreements between Lessor and the United
States of America as amended, and that this Agreement is subordinate to those obligations.
B. Federal Grants and Public Use: The parties acknowledge that the Airport will
be operated as a public airport, subject to the provisions of the Federal Aviation Act so that
nothing contained in this Agreement shall be construed to grant or otherwise authorize the
granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act
of 1958. Lessor reserves the right to develop or improve, as it sees fit, the Airport, its landing
areas, and taxiways, regardless of the desires or views of Lessee and without interference or
hindrance therefrom. This Agreement shall be subordinate to the provisions of any existing
or future agreement between the Lessor and the United States of America, including
instrumentalities thereof, relative to the operation and maintenance of the Airport, the
execution of which has been or may be required as a condition precedent to the expenditure
of federal funds in developing the Airport.
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C. Modifications to Comply with State or Federal Laws: Should the United
States or any instrumentality thereof having authority to do so, or the State of North
Carolina, require that any provision of this Agreement that is in violation of any federal or
state law or regulation or any provision of an existing grant agreement between the Lessor
and the United States or any instrumentality thereof, or the State of North Carolina, be
changed or deleted or should any such change or deletion be required in order for the Airport
to continue to retain its eligibility to receive federal funds or to participate in federal or state
programs or to avoid forfeiture of previous financial assistance, the Lessor may give the
Lessee notice that it elects that any such change or deletion be made. Lessee shall then elect
either to consent to any such change or deletion or to terminate this Agreement. Such
election shall be made in writing and delivered to the Lessor within thirty (30) days of the
date the Lessor gave notice to the Lessee of its election that any such change or deletion be
made.
D. Airport Rules and Regulations: The Lessee agrees to abide by all rules and
regulations concerning operational safety, parking of aircraft and other vehicles, fire
prevention and all other pertinent rules and provisions as promulgated by Lessor, the Airport,
and the Airport Director, copies of which rules are available to Lessee in the office of the
Airport Director.
E. FAA Rules and Regulations: Lessee shall at all times conduct its business in
a lawful manner and at all times conform to the rules and regulations of the Federal Aviation
Administration in so far as applicable to Lessee’s possession of the Leased Premises and in
the conduct of its business, and shall comply with the applicable Federal Aviation
Administration Required Contract Provisions, attached hereto as Exhibit “C”.
F. Americans with Disability Act: Lessee shall fully comply with all applicable
provisions of the Americans With Disabilities Act of 1990, P.L. 101-336, 104 Stat. 327
(ADA), expressly including, but not limited to, all requirements otherwise imposed on the
Lessor regarding the Leased Premises and invitees of Lessee, insofar as the Leased Premises
is considered a place of public accommodation and invitees or employees are covered by the
services, programs and activity previsions of Title II of ADA.
G. Non-Discrimination: Lessee for itself, its successors and assigns, agrees that
in its operation and use of the Leased Premises no person shall be excluded from participation
in, denied the benefit of, or be otherwise subjected to discrimination in the use of the Airport’s
facilities because of his or her race, color, sex or national origin and that Lessee shall not, on
the grounds of race, color or national origin, discriminate or permit discrimination against
any person or group of persons in any manner prohibited by 49 CFR Part 21 of the
Department of Transportation Regulations. A breach of this provision shall constitute an
event of default under the terms of this Agreement.
SECTION 21. SIGNS:
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Lessee is granted the right to install reasonably compatible identification signs on and
about the Leased Premises, subject to the prior written approval of the Airport Director, not
to be unreasonably withheld. All signs shall be installed and maintained in compliance with
all governmental rules and regulations governing such signs, including the Harnett County
Unified Development Ordinance (“UDO”) and FAA requirements and standards as to signs.
Advertising on the Leased Premises is also subject to the UDO and Airport rules and
regulations.
SECTION 22. RELATIONSHIP BETWEEN THE PARTIES:
Lessor is neither a joint venture with nor a partner or associate of the Lessee with
respect to any matter provided for in this Agreement. Nothing herein contained shall be
construed to create any such relationship between the parties or to subject Lessor to any
obligation of the Lessee whatsoever.
SECTION 23. TIME OF THE ESSENCE:
Time is expressly to be of the essence in this Agreement.
SECTION 24. GOVERNING LAW AND VENUE:
This Agreement, its execution, interpretation, and performance, shall be governed by
and construed in accordance with the laws of the State of North Carolina. Any controversy
or claim arising out of or in any way related to this Agreement or the relationship established
by it, or the alleged breach thereof, whether at common law, in contract, in tort, or under
statute, shall be governed by the laws of the State of North Carolina. Venue for any case or
controversy in any way arising from or related to this Agreement shall be exclusively in
Harnett County, North Carolina, or the United States District Court for the Eastern District
of North Carolina, except for the enforcement of judgments issued from that court.
SECTION 25. NOTICES:
All notices requests, or demands herein provided to be given or made, or which made
be given or made by either party to the other, shall be given and made only in writing and
shall be deemed to have been duly given (i) on the date delivered when sent via nationally
recognized overnight courier (e.g. Federal Express), properly addressed and postage prepaid;
or (ii) upon delivery, if delivery is rejected when delivery was attempted of properly
addressed certified mail, postage prepaid with return receipt requested. The proper address
to which notices, requests, or demands may be given or made by either party shall be the
address set forth below or to such other address or to such other person as any party may
designate. Such address may be changed by written notice given to the other party in
accordance with this Section.
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(A) LESSOR:
County of Harnett
Attn: Airport Director
615 Airport Road
Erwin, NC 28339
With a Copy to:
County of Harnett
Attn: Senior Staff Attorney
PO Box 238
Lillington, NC 27546
(B) LESSEE:
Harnett Air, LLC
Attn: Brian Raynor
PO Box 361
Fayetteville, NC 28302
With a Copy to:
Pope Law Group, P.A.
Attn: P. Tilghman Pope
PO Box 928
Dunn, NC 28335
SECTION 26. OBSTRUCTION LIGHTING:
Lessee agrees to install and maintain, including the furnishing of electrical power,
obstruction lights on all structures on or within the Leased Premises required under all
applicable FAA criteria.
SECTION 27. AMENDMENT OF LEASE:
The terms of this Agreement may not be changed, modified, waived, discharged or
terminated orally, but only be an instrument or instruments in writing signed by both Lessor
and Lessee.
SECTION 28. AUTHORIZATION TO EXECUTE AGREEMENT:
Lessor and Lessee certify that each of the individuals executing this Agreement are
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duly authorized to do so on behalf of each such party.
SECTION 29. LEASEHOLD MORTGAGEE
Lessee is hereby given the right by Lessor, subject to approval by the County, to
mortgage its interest in this Agreement and assign its interest in this Agreement as collateral
security for such mortgage upon the condition that all rights acquired under such mortgage
shall be subject to each and all of the covenants, conditions and restrictions set forth in this
Agreement, and to all rights and interests of Lessor herein, none of which covenants,
conditions or restrictions is or shall be waived by Lessor by reason of the rights given Lessee
to mortgage its interest in this Agreement, except as expressly provided in this Section 29
and upon the further condition that the mortgagee or beneficiary of such mortgage or
assignment shall be an institution. For purposes of this Section 29, an “Institution” shall
mean a bank, savings and loan association, trust company, insurance company, public
pension fund or retirement fund, or a special purpose entity formed to originate or hold
commercial mortgages in connection with a securitization transaction.
If Lessee shall mortgage all or part of its interest in this Agreement and if the holder
of such mortgage shall, within thirty (30) days of its execution, send to Lessor a true copy
thereof together with written notice specifying the name and address of the mortgagee and
the pertinent recording data with respect to such mortgage, Lessor agrees that so long as the
leasehold mortgage remains unsatisfied of record or until written notice of satisfaction is
given by the holder to Lessor, the following provisions shall apply:
A. Mortgage Consent. Except for the right of Lessor to unilaterally amend this
Agreement specifically set forth herein, there shall be no cancellation, surrender or
modification of this Agreement by joint action of Lessor and Lessee without the prior written
consent of the leasehold mortgagee.
B. Notices to Mortgagee. Lessor shall, upon serving Lessee with any notice of
default, simultaneously serve a copy of such notice upon the holder of the leasehold
mortgage. The leasehold mortgagee shall have the same period, after service of such notice
upon it, to remedy or cause to be remedied the defaults complained of, and Lessor shall
accept such leasehold mortgagee’s acts if they had been performed by Lessee. In the event
Lessor desires to terminate this Agreement as a result of a default, Lessor shall provide the
leasehold mortgagee with written notice (the “Termination Notice”) of its intent to terminate
this Agreement. If Lessor desires to terminate this Agreement a result of a monetary
default, Lessor shall grant the leasehold mortgagee the right to cure or undertake the
elimination of such default within thirty (30) days after the leasehold mortgagee’s receipt of
the Termination Notice. If Lessor desires to terminate this Agreement as a result of a non-
monetary default (including without limitation any default caused by Lessee’s failure to
discharge or cause to be discharged any lien, charge or encumbrance junior in priority to the
leasehold mortgage), Lessor agrees not to terminate this Agreement if (a) the leasehold
mortgagee shall, within thirty (30) days after receipt of the Termination Notice commence
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and diligently prosecute such actions as may be necessary to cause the foreclosure of its
leasehold mortgage (including without limitation seeking relief from the automatic stay
provisions of Section 362 of the Bankruptcy Code or any successor statute in any
bankruptcy proceeding affecting such foreclosure); (b) all rents and other charges payable
by Lessee under this Agreement shall be brought current within fifteen (15) days of the
receipt of the Termination Notice and shall be kept current throughout such foreclosure
proceedings; and (c) the leasehold mortgagee shall, within thirty (30) days of receipt of the
Termination Notice, commence and diligently prosecute all actions to perform all non-
monetary covenants and obligations of Lessee under this Agreement reasonably capable of
performance by the leasehold mortgagee throughout such foreclosure proceedings.
C. Insurance. Lessor agrees that the name of the leasehold mortgagee may be
added to the “Loss Payable Endorsement” of any and all insurance policies required to be
carried by Lessee under this Agreement on the condition that the insurance proceeds be
applied in the manner specified in this Agreement and that the leasehold mortgage or
collateral document so provide.
D. New Lease. Lessor agrees that in the event of termination of this Agreement
by reason of any default by Lessee, and the continued payment of Rent by the mortgagee,
that Lessor will enter into a new lease for the Leased Premises with the leasehold mortgagee
or its nominee, subject to the consent of Lessor to the nominee with such consent not to be
unreasonably withheld, for the remainder of the Term effective as of the date of such
termination, at the Rent and other charges, and upon the terms, provisions, covenants and
agreement contained in this Agreement, subject only to the rights, if any, of the parties then
in possession of any part of the Leased Premises, provided:
1. The mortgagee or its nominee shall make written request upon Lessor
for the new lease and the written request shall be accompanied by any then due payment
of Rent and other charges under this Agreement; and the mortgagee or nominee shall
execute and deliver the new lease within fifteen (15) days after Lessor has delivered it.
The mortgagee or its nominee shall pay to Lessor, at the time of execution and
delivery of the new lease, any and all sums which would then be due pursuant to this
Agreement but for such termination and, in addition thereto, any reasonable expenses,
including reasonable attorney’s fees, which Lessor shall have incurred by reason of
such default, including the costs of negotiation, approval and recording the new lease.
2. The mortgagee or its nominee shall perform and observe all covenants
in this Agreement to be performed by Lessee and shall further remedy any other
conditions which Lessee was obligated to perform under the terms of this Agreement.
3. Lessor shall not warrant possession of the Leased Premises to Lessee
or the leasehold mortgagee under the new lease.
4. The new lease shall be expressly made subject to the rights, if any, of
HCBOC 090523 a Pg. 165
21
Lessee under this Agreement.
5. The tenant under the new lease shall have the same right, title and
interest in and to the Leased Premises as Lessee has under this Agreement.
E. Confirming Documentation. Lessor shall, upon request, execute,
acknowledge, and deliver to each leasehold mortgagee an agreement prepared at the sole cost
and expense of Lessee, in form satisfactory to the leasehold mortgagee and to Lessor,
between Lessor, Lessee and the leasehold mortgagee confirming the provisions of this
Section 29. Any additional reasonable costs incurred by Lessor in connection with the
agreement, including reasonable attorneys’ fees, shall be paid by Lessee or the leasehold
mortgagee.
The term “mortgage,” as used in this Section 30, shall include whatever security
instruments are used in the State of North Carolina, as well as financing statements, security
agreements and other documentation required pursuant to the Uniform Commercial Code.
SECTION 30. SURRENDER AND MERGER
If the interests of both Lessor and Lessee in the Leased Premises, or in the Leasehold
Improvements, shall become vested in the same owner, this Agreement shall not be
terminated by the operation of the doctrine of merger, but may be terminated only by a
written instrument consented to by the holders of all leasehold mortgages or deeds of trust
encumbering Lessee’s leasehold interest in the Leased Premises,
SECTION 31. FORCE MAJEURE
Neither party shall be deemed in default with respect to any of the terms, covenants
and conditions of this Agreement, if the party fails to perform and its failure is due in whole
or in part to any strike, lockout, labor trouble (whether legal or illegal), civil disorder,
inability to procure materials, failure of power, restrictive governmental laws and
regulations, riots, insurrections, war, fuel shortages, accidents, casualties, Acts of God, acts
caused directly or indirectly by the other party (or the other party’s agents, employees or
invitees) or any other cause beyond the commercially reasonable control of the
nonperforming party, excluding pandemics and their related effects; provided, however, that
nothing in this Section shall excuse Lessee’s failure to pay rent due to Lessor.
SECTION 32. INSPECTION PERIOD
A. Conditions Precedent. Notwithstanding anything in this Agreement to the
contrary, Lessee’s obligations under this Agreement are subject to the satisfaction or waiver
of all of the following conditions during the period beginning on the date of the execution of
this Agreement and ending one hundred eighty (180) days after the date of execution of this
Agreement (the “Inspection Period”).
HCBOC 090523 a Pg. 166
22
1. Lessee shall have performed soil analysis, geotechnical investigations,
environmental site assessments and other studies necessary to determine that: (i) the soil on
the Leased Premises will support the Leasehold Improvements contemplated by Lessee, with
a standard foundation design, and (ii) no Regulated Substances are located on the Leased
Premises.
2. Lessee shall have satisfied itself as to the availability of and capacity
of water, sanitary sewer, storm sewer, electricity, natural or propane gas, telephone and other
utilities serving the Leased Premises.
3. Lessee shall have examined title and survey with respect to the Leased
Premises, and any objection to title and survey matters shall be addressed to Lessee’s
reasonable satisfaction. Lessor and Lessee acknowledge that Lessor shall have no obligation
to cure any such title and survey objections.
If the foregoing conditions are not satisfied or waived by Lessee prior to the
expiration of the Inspection Period, Lessee may terminate this Agreement by delivery of
written notice to Lessor at any time during the Inspection Period. If Lessee fails to deliver a
notice of termination prior to the expiration of the Inspection Period, all of the conditions set
forth in this Section 32 shall be deemed to have been satisfied or waived as of the last day of
the Inspection Period
[SIGNATURES TO FOLLOW ON NEXT PAGE]
HCBOC 090523 a Pg. 167
23
IN WITNESS WHEREOF, the parties have executed this Agreement this day of
September, 2023.
LESSOR: COUNTY OF HARNETT
By:
Printed Name: Matthew B. Nicol
Title: Chairman of the Board of Commissioners
LESSEE: HARNETT AIR, LLC
By:
Printed Name: Brian Raynor
Title: Manager
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
I, _________________________, a Notary Public of the County and State aforesaid, do hereby
certify that Matthew B. Nicol appeared before me this day and acknowledged that he is Chair of
Harnett County Board of Commissioners, and that by authority duly given and as an act of the
Harnett County Board of Commissioners, the foregoing instrument was signed by its Chair.
Witnessed my hand and official stamp or seal, this ________ day of September, 2023
___________________________
Notary Public
My Commission Expires: _________
[Seal]
HCBOC 090523 a Pg. 168
24
STATE OF ________________________
COUNTY OF _____________________
I, ________________________, a Notary Public of the County and State aforesaid, do hereby
certify that Brian Raynor, personally appeared before me this day and acknowledged that he/she is
a Manager of Harnett Air, LLC and that by authority duly given and as an act of the Company, the
foregoing instrument was signed on behalf of the company.
___________________________
Notary Public
My Commission Expires: _________
[Seal]
This instrument has been pre-audited in the manner required by the Local Government
Budget and Fiscal Control Act.
Kimberly Honeycutt
Finance Director
HCBOC 090523 a Pg. 169
Exhibit "A" (SITE PLAN)
HCBOC 090523 a Pg. 170
26
EXHIBIT "B"
COMPLIANCE WITH ENVIRONMENTAL LAWS
Lessee shall, at Lessee's own expense, comply with all present and hereinafter enacted
Environmental Laws, and any amendments thereto, affecting Lessee's operation on the Leased
Premises.
A. Definitions:
1. " Environmental Laws " shall mean those laws promulgated for the protection of human
health or the environment, including but not limited to the following as the same are
amended from time to time: the Comprehensive Environmental Response, Compensation,
and Liability Act, 42 U.S.C. Section 9601 et seq.; the Resource Conservation and
Recovery Act, 42 U.S.C Section 6901 et seq.; the Safe Drinking Water Act, 42 U.S.C. Section
300f et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; the Clean Air Act, 42 U.S.C.
Section 7401 et seq.; the Occupational Safety and Health Act of 1970, as amended, 84 Stat. 1590,
29 U.S.C. Sections 651-678, and the regulations promulgated thereunder and any other laws,
regulations and ordinance (whether enacted by the local, state or federal government) now in effect
or hereinafter enacted that deal with the regulation or protection of human health and the
environment, including the ambient air, ground water, surface water, and land use, including
substrata soils.
2. The term "Regulated Substances" includes:
a. Those substances identified or listed as a hazardous substance, pollutant, hazardous
material, toxic substance, solid waste, regulated substance, or petroleum in the
HCBOC 090523 a Pg. 171
27
Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
Section 9601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C Section
1801 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et
seq.; and in the regulations promulgated thereto; and Underground Storage Tanks,
U.S.C. Sections 6991 to 6991i. Those substances listed in the United States
Department of Transportation Table (49 C.F.R. Section 172.101 and amendments
thereto) or by the Environmental Protection Agency as hazardous substances (40
C.F.R. Part 302 and amendments thereto); and,
b. All substances, materials and wastes that are, or that become, regulated under, or that
are classified as hazardous or toxic under any environmental law during the term of
this Agreement.
3. The term "release" shall mean any releasing, spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching, disposing, or dumping.
B. Compliance:
1. Lessee shall not cause or permit any Regulated Substance to be used, generated,
manufactured, produced, stored, brought upon, or released on, or under the premises, or
transported to or from the Leased Premises, by Lessee, its agents, employees, contractors,
invitees for a third party in a manner that would constitute or result in a violation of any
Environmental Law or that would give rise to liability of Lessor under an Environmental
Law. Lessee shall indemnify, defend and hold harmless, on demand, the
Airport Authority (the “Authority”), its successors and assigns, its
HCBOC 090523 a Pg. 172
28
elected and appointed officials, employees, agents, boards, commissions, representatives,
and attorneys, for, from and against any and all liabilities, obligations, damages, charges
and expenses, penalties, suits, fines, claims, legal and investigation fees for costs, arising
from or related to any claim or action for injury, liability, breach of warranty or
representation, or damage to persons, the environment or premises and any and all claims
or actions brought by any person, entity or governmental body, alleging or arising in
connection with contamination of, or adverse effects on, human health or the
environment pursuant to any Environmental Law, the common law, or other statute,
ordinance, rule, regulation, judgment or order of any governmental agency or judicial
entity, which are incurred or assessed as a result, whether in part or in whole, of any use
of the Leased Premises by Lessee during the term of this Agreement or any previous
lease for uses of the premises by Lessee or its owners or affiliated entities, or its agents,
employees, invitees, contractors, visitors or licensees. Lessee's obligations and liabilities
under this Article shall continue so long as the Authority bears any liability or
responsibility under the Environmental Laws for any use of the Leased Premises during
the term of this Agreement or any previous use of the Leased Premises by Lessee. This
indemnification of the Authority by Lessee includes, without limitation, costs incurred in
connection with any investigation of site conditions or any cleanup, remedial actions,
removal or restoration work required or conducted by any federal, state or local
governmental agency or political subdivision because of Regulated Substances located on
the Leased Premises or present in the soil or round water on, under or about the Leased
HCBOC 090523 a Pg. 173
29
Premises.
2. Without limiting the forgoing, if the presence of any Regulated Substance on, under or
about the Leased Premises caused or permitted by Lessee or by any person or entity under
Lessee's control results in any contamination of the demised or any adjacent premises,
Lessee shall promptly take all actions at its sole cost and expense as are necessary to
mitigate any immediate threat to human health or the environment. Lessee
shall then undertake any further action necessary to return the Leased Premises to the
condition existing prior to the introduction of any regulated substance to the Leased
Premises; provided that the Authority's approval of such actions without regard to the
potential legal liability of any other person, however, any remedial activities by Lessee
shall not be construed as to impair Lessee's rights, if any, to seek contribution or indemnity
from another person.
3. Lessee shall, at Lessee's own cost and expense, make all tests, reports, studies and provide
all information to any appropriate governmental agency as may be required pursuant to the
Environmental Laws pertaining to Lessee's use of the Leased Premises. This obligation
includes but is not limited to any requirements for a site characterization, site assessment
and/or a cleanup plan that may be necessary due to any actual or potential spills or
discharges of regulated substances on, or under the premises, during the term of this
Agreement. At no cost or expense to the Authority, Lessee shall promptly provide all
information requested by the Authority pertaining to the applicability of the Environmental
Laws to the Leased Premises, to respond to any governmental investigation, or to respond
HCBOC 090523 a Pg. 174
30
to any claim of liability by third parties, which is related to environmental contamination.
In addition, the Authority shall have the right to access, within two (2) days of Lessee’s
receipt of written request, and copy any and all records, test results, studies and/or other
documentation, other than trade secrets, regarding environmental conditions relating to the
use, storage, or treatment of regulated substances by the Lessee on, under or about the
Leased Premises.
4. Lessee shall immediately notify the Airport Director of any of the following: (a) any
correspondence or communication from any governmental agency regarding the
application of Environmental Laws to the premises or Lessee's use of the Leased Premises,
(b) any change in Lessee's use of the premises that will change or has the potential to
change Lessee's or the Authority's obligations or liabilities under Environmental Laws, and
(c) any assertion of a claim or other occurrence for which Lessee may incur an obligation
under this Exhibit.
5. Lessee shall insert the provisions of this Article in any agreement or contract by which it
grants a right or privilege to any person, firm or corporation under this Agreement.
6. Lessee shall at its own expense obtain and comply with any permits or approvals that are
required or may become required as a result of any use of the Leased Premises by the
Lessee, its agents, employees, contractors, invitees and assigns.
7. Lessee shall obtain and maintain compliance with any applicable financial responsibility
requirements of federal and/or state law regarding the ownership or operation of any device
used for the treatment or storage of a Regulated Substance and present evidence thereof to
HCBOC 090523 a Pg. 175
31
the Authority, as may be applicable.
8. Lessee shall take reasonable precautions to prevent other persons not acting under
Lessee's authority from conducting any activity that would result in the release of a
Regulated Substance on the Leased Premises. Lessee shall also exercise due care with
respect to any Regulated Substance that may come to be located on the Leased Premises
as a result of the actions of third parties who are not under Lessee's authority.
C. Lessor’s Insurance:
Lessor agrees that during the term of this Agreement it shall keep and maintain insurance
covering any environmental contamination that may be caused, in whole or in part, by
Lessor, in such amounts as are determined to be reasonable in the sole discretion of the
Lessor and the Airport Director.
HCBOC 090523 a Pg. 176
32
EXHIBIT C
REQUIRED FAA CONTRACT PROVISIONS
GENERAL CIVIL RIGHTS PROVISIONS
The lessee and its transferee agree to comply with pertinent statutes, Executive Orders and such
rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color,
national origin, sex, age, or disability be excluded from participating in any activity conducted
with or benefiting from Federal assistance.
This provision obligates the lessee or its transferee for the period during which Federal assistance
is extended to the airport through the Airport Improvement Program.
In cases where Federal assistance provides, or is in the form of personal property, real property
or interest therein, structures or improvements thereon, this provision obligates the party or any
transferee for the longer of the following periods:
(a) The period during which the property is used by the airport sponsor or any transferee
for a purpose for which Federal assistance is extended, or for another purpose involving the
provision of similar services or benefits; or
(b) The period during which the airport sponsor or any transferee retains ownership or
possession of the property.
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED
UNDER THE ACTIVITY, FACILITY, OR PROGRAM
A. The lessee, for himself/herself, his/her heirs, personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a
covenant running with the land that:
1. In the event facilities are constructed, maintained, or otherwise operated on the
property described in this lease for a purpose for which a Federal Aviation Administration activity,
facility, or program is extended or for another purpose involving the provision of similar services
or benefits, the lessee will maintain and operate such facilities and services in compliance with all
requirements imposed by the Nondiscrimination Acts and Regulations listed in the Pertinent List
of Nondiscrimination Authorities (as may be amended) such that no person on the grounds of race,
color, or national origin, will be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination in the use of said facilities.
HCBOC 090523 a Pg. 177
B. With respect to this lease, in the event of breach of any of the above Nondiscrimination
covenants, the Johnston County Airport Authority will have the right to terminate the lease and to
enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the lease had
never been made or issued.
TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES
During the performance of this Lease, Lessee, for itself, its assignees, and successors in interest
(hereinafter referred to as the “Lessee”) agrees to comply with the following non-discrimination
statutes and authorities; including but not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin);
49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of
Transportation—Effectuation of Title VI of The Civil Rights Act of 1964);
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975
and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
“programs or activities” to include all of the programs or activities of the Federal-aid recipients,
sub-recipients and contractors, whether such programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on
the basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 –
12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures non-discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
HCBOC 090523 a Pg. 178
Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with Title
VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq)
HCBOC 090523 a Pg. 179
\\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2023\090523\4E.1 Agenda_form Mid-Carolina Local
Workforce Development Area Chief Elected Official Board Agreement.docx Page
1 of 2
Board Meeting
Agenda Item
MEETING DATE: September 5, 2023
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Mid-Carolina Local Workforce Development Area Chief Elected Official
Board (CEOB) Agreement
REQUESTED BY: Brent Trout, County Manager
REQUEST:
Administration requests the Board of Commissioners approve the Mid-Carolina Local
Workforce Development Area Chief Elected Official Board (CEOB) Agreement. the
agreement includes the addition of Moore and Montgomery Counties.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 4E
HCBOC 090523 a Pg. 180
Page 1 of 7
Mid-Carolina Local Workforce Development Area
Chief Elected Official Board (CEOB) Agreement
This Chief Elected Officials Agreement hereina�er called AGREEMENT is entered into by and
among the North Carolina Coun�es of Cumberland, Harnet, Montgomery, Moore, and
Sampson, each of which is designated as a Local Government, to define the rights and du�es of
the Local Governments in their coopera�ve oversight of the workforce development programs
authorized by the Federal Workforce Innova�on and Opportunity Act (WIOA), Public Law 113-
128. This AGREEMENT is intended to comply with WIOA Sec�on 107(c)(I)(B)(i) providing that,
where there exist mul�ple units of local government within a designated Local Workforce Area,
the Chief Elected Officials of those governments are to enter into an AGREEMENT which defines
their general rights, roles, and responsibili�es.
A. Designa�on of Local Workforce Area
There is hereby established a Chief Elected Officials Board, hereina�er referred to as the
CEOB, to provide for the effec�ve planning, coordina�on, and implementa�on of the
employment and training system within the Mid-Carolina Local Workforce Area,
pursuant to the provisions of WIOA and applicable federal and state regula�ons. The
above-listed local governments have together been designed by the State of North
Carolina as a Local Workforce Area for purposes of receiving WIOA funds from the State,
establishing local service delivery systems and overseeing customer services authorized
under WIOA. Should any other unit of general local government (defined as a poli�cal
subdivision of the State that has the power to levy taxes and spend funds and has
general corporate and police powers) pe��on for inclusion in this Local Area and receive
approval therefore from the State of North Carolina, this AGREEMENT shall be amended.
Upon no�fica�on to the CEOB that such local government shall be iden�fied and
included as a member of the Local Area shall be adjusted accordingly. Local government
exclusion process in iden�fied in WIOA Sec. 106 and 20 CFR 679.220 – 679.250.
B. Establishment of the Chief Elected Officials Board
There is hereby established a Chief Elected Officials Board, which shall perform the
du�es of the Chief Elected Officials described in WIOA, as further described herein.
Records of CEOB no�ces, ac�ons, mee�ngs, or commitee mee�ngs or related
documenta�on shall be retained at the Local Workforce Area administra�ve office.
C. Chief Elected Officials Rights and Responsibili�es
1. CEOB Representa�on
Each Chief Elected Official may appoint a member of the county board to represent
the interests on the Chief Elected Officials Board. Appointments to the CEOB must
be made in wri�ng to the CEOB Chair.
HCBOC 090523 a Pg. 181
Page 2 of 7
2. Fiscal Responsibility
The Local Government shall be liable to the State or Federal governments from non-
WIOA funds any amounts determined to have been a misappropria�on of funds as
provided in WIOA Sec�on 184(d), upon a determina�on by the Secretary, United
States Department of Labor, that the misappropria�on is due to a) willful disregard
of the Act and accompanying rules and regula�ons, b) gross negligence, or c) failure
to observe accepted standards of administra�on (referred to as an audit exception or
an administrative finding which determina�on is required by WIOA to be preceded
by no�ce and opportunity for hearing. In the event WIOA expenditures are
disallowed and Chief Elected Officials are unsuccessful at obtaining repayment from
the Mid-Carolina Workforce Development Board, each county shall be responsible
for a por�on of any such liability. To manage any such required repayment of
misappropria�on(s), all of the coun�es represented hereby assume responsibility to
make the required payment(s) required under WIOA. Reimbursement shall be made
from each Local Government in propor�on to the total popula�on of each such Local
Government in comparison to the total popula�on of the Local Area at the �me the
misappropria�on(s) occurred.
D. Chief Elected Officials Board Designa�on and General Responsibili�es
1. There is hereby established a Chief Elected Officials Board (CEOB) to provide for
the effec�ve planning, coordina�on and implementa�on of the employment and
training system within the Mid-Carolina Workforce Development Area, pursuant
to the provisions of WIOA and applicable federal and state regula�ons.
2. CEOB shall establish by-laws to include how they will conduct business on behalf
of the Chief Elected Officials of the Mid-Carolina Local Workforce Area. By-laws
must include term limits, vacancies, conflict of interest, mee�ng schedule and
quorum establishment. (By-laws atached)
3. To fulfill their oversight responsibili�es under WIOA, the CEOB shall receive from
its designated Subrecipient the following informa�on:
a. Reports and other documents that summarize the current financial condi�ons
of all WIOA grants awarded to the Mid-Carolina Local Workforce Development
Area.
b. Reports and other documents that summarize current program performance
in Mid-Carolina Local Workforce Development Area against the nego�ated
performance standards required under WIOA, including whether the Local
Area is mee�ng, exceeding, or failing to meet each performance standard.
c. Reports and other documents that summarize known compliance issues or
concerns along with an explana�on of any out-of-compliance no�ces received
for any program for which the Chief Elected Officials retain ul�mate financial
HCBOC 090523 a Pg. 182
Page 3 of 7
liability.
E. Designa�on of Grant Subrecipient and Fiscal Agent
The Paymaster, Fiscal Agent, and Grant Subrecipient is the Mid-Carolina Regional Council.
The Workforce Execu�ve Director for Mid-Carolina Local Workforce Development Area is
employed by the Mid-Carolina Regional Council with CEOB approval.
F. CEOB Responsibili�es
1. The responsibili�es of the CEOB under WIOA include, but are not limited to, the
following:
a. Appoint members to the Local Board in accordance with WIOA Membership
requirements. In the event that a board member resigns prior to the comple�on of
the appointed term, the CEOB Chair will send leters to economic development,
labor organiza�ons, industry associa�ons and other business organiza�ons seeking
nomina�ons to fill the vacancy with an individual with similar creden�als. Upon
receipt of a nomina�on the full CEOB will consider the nomina�on. The CEOB will
forward all Mid-Carolina Local Workforce Development Board appointments to the
State of North Carolina within 30 days of the appointment.
b. Serve as Grant Recipient and assume fiscal liability for grant funds for WIOA Title I
Adult, Dislocated Worker, and Youth programs; as well as other such federal or
state workforce funds as may be awarded.
c. Approve Board expense budget for carrying out the responsibili�es of the Mid-
Carolina Local Workforce Development Board.
d. Provide comprehensive oversight of the ac�vi�es of the Mid-Carolina Local
Workforce Development Board.
e. Ensure that local area partnerships are func�oning effectively.
2. In partnership with the Mid-Carolina Local Workforce Development Board:
a. Par�cipate in the development of the Mid-Carolina Local and Regional Workforce
Plan.
b. Conduct oversight of One-Stop delivery system, youth ac�vi�es, and employment
and training ac�vi�es.
c. Select One-Stop Operators and eligible service providers and oversee compliance and
con�nuance improvement and may subsequently terminate these for cause.
d. Approve the Agreement between the Local Workforce Development Board and the
HCBOC 090523 a Pg. 183
Page 4 of 7
One-Stop Operator(s).
e. Par�cipate with the performance standards negotiations between the Local Workforce
Area and the State of North Carolina.
3. In partnership with the Governor of North Carolina:
a. Agree on whether the Workforce Development Board may provide WIOA Title I
Adult and Dislocated Worker Career Services, Youth Services, or serve as One-
Stop Operator in accordance with WIOA guidelines and the State of North
Carolina laws, policies, and procedures.
b. Nego�ate waiver requests as needed.
G. Appointments to the Mid-Carolina Local Workforce Development Board
The Chief Elected Officials have the exclusive responsibility to appoint members to the Mid-
Carolina Local Workforce Development Board from individuals recommended or nominated
by each class of membership.
1. The Chief Elected Officials shall insure that private sector Mid-Carolina Local Workforce
Development Board Members are nominated �mely to expedite approval of these
nominees by the State of North Carolina.
2. The Chief Elected Officials shall nominate members to ensure that at all �mes a majority
of Mid-Carolina Local Workforce Development Board membership (minimum 51%) are
business representa�ves which represent business owners, chief execu�ve officers, and
other execu�ves with op�mum policy making or hiring authority. At least two of the
business representa�ves must represent small businesses as defined by the Small
Business Administra�on. Chief Elected Officials shall seek business nomina�ons from
local business organiza�ons and trade associa�ons.
3. The Chief Elected Officials shall nominate members to ensure that at all �mes not less
than 20% of the Mid-Carolina Local Workforce Development Board membership are
workforce representa�ves which represent labor organiza�ons, joint labor-management
or union affiliated registered appren�ceship programs, community-based organiza�ons
that have demonstrated experience and exper�se addressing the employment, training
or educa�on needs of individuals with barriers to employment, and representa�ves of
organiza�ons that have demonstrated experience and exper�se in addressing the
employment, training and educa�on needs of eligible youth, including out-of-school
youth.
4. The Chief Elected Officials will determine if any addi�onal members shall be appointed
beyond those minimally required by WIOA or the State of North Carolina. If any such
appointments are made, the 51% business representa�ve membership and 20% labor
representa�ve membership requirement shall be maintained.
HCBOC 090523 a Pg. 184
Page 5 of 7
5. Any Chief Elected Official serving on the Mid-Carolina Local Workforce Development
Board as a private sector member will be counted as an appointment from the serving
Chief Elected Official’s county.
6. The Chief Elected Officials shall agree on the public sector appointments to the Mid-
Carolina Local Workforce Development Board. These appointments shall be made to
assure geographical balance through the Mid-Carolina Local Workforce Development
Area.
7. Appointments shall be in accordance with the Mid-Carolina Workforce Development
Board By-Laws that are atached hereto.
8. Members may con�nue to serve on the Mid-Carolina Workforce Development Board
un�l:
a. Their term of office expires; however, the member may con�nue to serve un�l the
replacement nominees’ required documents are approved and confirmed in wri�ng
by the State of North Carolina.
b. The classifica�on under which they were appointed changes.
c. The appointment is revoked by the appoin�ng Chief Elected Official.
d. The member becomes incapacitated or otherwise unable to complete their term of
office.
e. The member is no longer eligible based on atendance requirements outlined in the
Mid-Carolina Local Workforce Development Board By-Laws.
f. The member resigns.
9. Vacancies shall be filled in a �mely manner and in accordance with WIOA requirements
and the State of North Carolina policies and/or procedures.
10. The Chief Elected Officials shall perform an annual assessment of the Mid-Carolina Local
Workforce Development Board’s membership and performance to ensure that the Board
is performing adequately and in accordance with the direc�on and guidance provided by
the Chief Elected Officials.
H. Amendment
This AGREEMENT may be amended only upon compliance with the following procedure:
1. The text of the proposed amendment shall be presented to the CEOB for review
at a properly no�ced mee�ng thereof, and shall therea�er be provided to each
Local Government, at least thirty (30) days before the mee�ng of the CEOB at
which the amendment is to be acted upon.
2. The amendment shall be discussed and acted upon at a properly no�ced
HCBOC 090523 a Pg. 185
Page 6 of 7
mee�ng of the CEOB with approval requiring the vote in person, electronically,
or by writen ballot of no fewer than two-thirds (2/3) of the then-current CEOB
membership.
I. Term of Chief Elected Official AGREEMENT
The term of this agreement shall commence on the date of signature and shall remain
effective until termination of the Workforce Innovation and Opportunity Act, dissolution of
the Mid-Carolina Local Workforce Development Board, or future action taken by the Chief
Elected Officials or CEOB to establish a new AGREEMENT. This AGREEMENT may be
executed in any number of counterparts, each of which when executed and delivered
shall cons�tute a duplicate original, but all counterparts together shall cons�tute a single
agreement.
HCBOC 090523 a Pg. 186
Page 7 of 7
J. Signatures
By signing this AGREEMENT, all Chief Elected Officials understand that this AGREEMENT
supersedes all prior writen or oral agreements rela�ng to the responsibili�es of the Chief
Elected Officials in Mid-Carolina Local Workforce Development Area.
CUMBERLAND COUNTY BOARD OF COMMISSIONERS
Dr. Toni Stewart, Chair Date
HARNETT COUNTY BOARD OF COMMISSIONERS
Mathew Nicol, Chair Date
MONTGOMERY COUNTY BOARD OF COMMISSIONERS
Dana Dawson, Chair Date
MOORE COUNTY BOARD OF COMMISSIONERS
Nick Picerno, Chair Date
SAMPSON COUNTY BOARD OF COMMISSIONERS
Jerol Kivet, Chair Date
HCBOC 090523 a Pg. 187
Page 1 of 6
BY-LAWS of the CHIEF ELECTED OFFICIALS BOARD
MID-CAROLINA LOCAL WORKFORCE DEVLEOPMENT AREA
ARTICLE I
Name of the Organiza�on
This organiza�on is named the Chief Elected Officials Board (CEOB) of Mid-Carolina Local
Workforce Development Area, comprised of representa�ves of one or more of the North
Carolina Coun�es of Cumberland, Harnet, Montgomery, Moore, and Sampson which have been
designated as Mid-Carolina Local Workforce Development Area, as representa�ves of each may
be appointed pursuant to the Chief Elected Officials’ Agreement (AGREEMENT) and subject to
change as provided in the AGREEMENT. The area encompassed by these governmental en��es
is defined herein as the “Local Area”
ARTICLE II
Purpose
Sec�on 1
The purpose of the CEOB shall be consistent with those purposes which are identified under the
Workforce Innovation & Opportunity Act ("WIOA'') of 2014 and any amendments thereto and
other purposes which in accordance with public law may be bestowed upon the CEOB by the
Governor of the State of North Carolina or other legal authority.
Sec�on 2
It is the purpose of the CEOB, in partnership with the Mid-Carolina Local Workforce
Development Board to oversee workforce development programs within the Local Area which
are funded under WIOA and to perform the duties described in the law.
ARTICLE III
Du�es
Sec�on 1
The authority of the CEOB shall be consistent with that authority which is identified for "Chief
Elected Officials" under WIOA, and other authority which in accordance with public law may be
bestowed upon the CEOB by the Governor of the State of North Carolina or other legal
authority.
Sec�on 2
In partnership with the Mid-Carolina Local Workforce Development Board, the CEOB will
establish policy through the joint submission of a four-year Workforce Development Plan and
mid two-year Plan modifications to the Governor of the State of North Carolina.
HCBOC 090523 a Pg. 188
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Sec�on 3
The responsibilities of the CEOB under WIOA include, but are not limited to, the following:
1. The Chief Elected Officials Board (CEOB) of Mid-Carolina shall make all Mid-Carolina
Workforce Development Board appointments in accordance with WIOA Section
107(c)(1)(A), WIOA Section 107 (b)(2), TEGL 27-14 and in accordance with the Mid-Carolina
Local Workforce Development Area Nomination Process.
2. Serve as Grant Recipient and assume fiscal liability for grant funds for WIOA Title I Adult,
Dislocated Worker, and Youth Programs; as well as other such federal or state workforce
funds as may be awarded.
3. Approve budgets for carrying out the responsibilities of the Mid-Carolina Workforce
Development Board.
4. Provide comprehensive oversight of the activities of the Mid-Carolina Workforce
Development Board.
5. Ensure that local area partnerships are functioning effectively.
In partnership with the Mid-Carolina Local Workforce Development Board:
1. Participate in the development of the Local and Regional Area Workforce Plan.
2. Conduct oversight of One-Stop delivery system, youth activities, and employment and
training activities.
3. Competitively select One-Stop operators and eligible service providers and oversee
compliance and continuance improvement and may subsequently terminate these for
cause.
4. Approve the Agreement between the Local Workforce Development Board and the One-
Stop Operator(s).
5. Par�cipate with the performance standards negotiations between the Local Workforce Area
and the State of North Carolina.
In partnership with the Governor of North Carolina:
1. Agree on whether the Workforce Development Board may provide WIOA Title I Adult
and Dislocated Worker Career Services, Youth Services, or serve as One-Stop Operator
in accordance with WIOA guidelines and the State of North Carolina laws, policies, and
procedures.
2. Nego�ate waiver requests as needed.
ARTICLE IV
Membership
Sec�on 1
CEOB Members shall be selected by members of the Boards of County Commissioners from
among their members.
HCBOC 090523 a Pg. 189
Page 3 of 6
Sec�on 2
The CEOB shall be comprised of five (5) members.
Sec�on 3
The term of membership on the CEOB will extend for the dura�on of the appoin�ng authority’s
appointment.
Sec�on 4
Vacancies on the CEOB caused by elec�ons, resigna�ons, or other reasons during the term of
membership shall be filled in the same manner as the original posi�on.
ARTICLE V
Mee�ngs
Sec�on 1
Meetings of the CEOB shall be held in conjunction with the Mid-Carolina Local Workforce
Development Board meetings, generally quarterly. Written notice of all regular meetings will be
provided to all CEOB Members reasonably in advance and will include a copy of a tentative
agenda.
Sec�on 2
Special meetings of the CEOB may be called upon request of the Chair or by a majority of the
CEOB. The Mid-Carolina Local Workforce Development Board Chair and the Workforce
Executive Director will be notified of any special meetings of the CEOB in advance of the
meeting.
Sec�on 3
All meetings of the CEOB are open to the public, except as a portion of a meeting may be
properly closed as permitted by applicable State law.
Sec�on 4
A quorum of any meeting of the CEOB shall be a majority of its then-current membership. The
CEOB shall act as provided in the AGREEMENT.
Sec�on 5
In all matters of parliamentary procedures not specifically covered by these By-Laws, Roberts
Rules of Order, Revised, shall be observed.
HCBOC 090523 a Pg. 190
Page 4 of 6
Sec�on 6
CEOB Members shall be required to announce a "conflict of interest" and abstain from voting
on any item of business which might reasonably be expected to benefit any person or
immediate family member or organization in which the Member has any financial or other
personal interest distinguishable from the interests of the general public. Each member of the
CEOB shall sign a Code of Conduct and Conflict of Interest Disclaimer form on an annual basis to
be kept on file at the Mid-Carolina Local Workforce Development Board administrative office.
ARTICLE VI
Officers
Sec�on 1
The Officers of the CEOB shall consist of a Chair and a Vice-Chair.
Sec�on 2
The CEOB shall elect Officers from among its Members.
Sec�on 3
The term of office for each Officer shall be two (2) years. Officers may serve consecutive terms
without limitation.
Sec�on 4
The Chair shall be the spokesperson for the CEOB and shall preside at all meetings of the CEOB.
The Vice-Chair will act in the absence of the Chair. In the absence or inability of the Chair and
the Vice- Chair to perform all of the duties as prescribed, the Chair shall appoint a member of
the CEOB to perform these duties, or the Members shall elect a temporary Chair.
ARTICLE VII
Commitees
Sec�on 1
Standing committees and other committees and/or task forces may be established in order to
carry out the functions of the CEOB. The Chair shall appoint Members to all committees and
task forces.
Sec�on 2
When established, such committees and/or task forces will, after careful consideration, forward
recommendations to the CEOB for appropriate action.
HCBOC 090523 a Pg. 191
Page 5 of 6
ARTICLE VIII
Mid-Carolina Local Workforce Development Board Membership Nomina�on Process
The Mid-Carolina Local Workforce Development Area Chief Elected Official Board (CEOB) shall
make all appointments in accordance with WIOA Section 107(c)(1)(A), WIOA Section 107 (b)(2),
TEGL 27-14. All representatives of organizations, agencies or other entities serving on the Mid-
Carolina Local Workforce Development Board shall be individuals with optimum policy making
authority within the organizations, agencies, or entities they represent, and should represent
the diverse geographic areas within the Local Workforce Area.
The CEOB Chair will solicit and accept nominations in the form of a letter in the following
manner for each category of Mid-Carolina Local Workforce Development Board Membership:
• Business representatives are appointed from the heads of organizations or associations
representing business, trade associations, industry associations and other business
organizations.
• Workforce / Labor representatives are to be nominated by local labor federations.
• Representatives of local educational entities providing adult education and literacy
activities and institutions of higher education (including representatives of community
colleges) are to be nominated by each respective group providing services in the Mid-
Carolina Workforce Development Area.
• Governmental, Community Development and Economic Development representatives
are to be nominated by a person of authority within the agency and / or organization.
Upon receipt of a nomination the full CEOB will consider the nomination. The CEOB will forward
all appointment notices to the State of North Carolina within 5 days of the appointment. The
Mid-Carolina Local Workforce Development Board Staff will be responsible for maintaining all
nomination and membership records on behalf of the CEOB.
ARTICLE IX
Amendment of By-Laws
Any proposed amendment to these By-Laws shall be communicated to each CEOB Member at
least two (2) weeks prior to the meeting at which it is to be voted upon. A minimum of three (3)
Members must be in attendance to amend the By-Laws. A two-thirds (2/3) vote of the
Members present shall be required to adopt any amendments to these By-Laws.
ARTICLE X
Effec�ve Date
These By-Laws and any amendments thereto shall become effective immediately upon
adoption and shall remain in continuous effect from that date until otherwise amended.
HCBOC 090523 a Pg. 192
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This document was approved by the CEOB and included in official meeting minutes on
_________________.
HCBOC 090523 a Pg. 193
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Board Meeting
Agenda Item
MEETING DATE: September 5, 2023
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Harnett County Boards and Committees
REQUESTED BY: Administration
REQUEST:
As discussed at the work session on August 29, 2023 the Harnett County Board of
Commissioners approve the following reappointments:
John Privett to the Harnett County District H Tourism Authority Board to serve as the
Business/Tourism related voting member.
Andrew Ruhland to the Board of Adjustment as the District 2 representative.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 4F
HCBOC 090523 a Pg. 194
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Board Meeting
Agenda Item
MEETING DATE: September 5, 2023
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Remit Outstanding Water Availability Fees and Fines
REQUESTED BY: Brent Trout, County Manager
REQUEST:
The Board of Commissioners is considering the approval of a resolution that would
remit outstanding water availability fees and fines. The Board of Commissioners voted
on May 15, 2023 to eliminate the charging of water availability fees effective July 1,
2023. The Board of Commissioners would like to consider the removal of all
outstanding water availability fees and fines that accrued prior to July 1, 2023. The
approval of the resolution would create the loss of receivables for the prior charges.
The waiving of the outstanding fees will not have an adverse financial impact on
Harnett Regional Water and will not affect the operational stability of Harnett Regional
Water.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 6
HCBOC 090523 a Pg. 197
1
RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS
TO REMIT OUSTANDING WATER AVAILABILITY FEES AND FINES
WHEREAS, pursuant to North Carolina General Statute §153A-277, the Harnett County
Board of Commissioners (hereinafter referred to as the “Board”) has the authority to establish
and revise from time to time schedules of rents, rates, fees, charges, and penalties for the use of
or the services furnished or to be furnished by a public enterprise; and
WHEREAS, Harnett Regional Water (hereinafter referred to as “HRW”) charged water
availability fees for accounts with disconnected services and dry taps; and
WHEREAS, the Board at their regular meeting on May 15, 2023 voted to eliminate water
availability fees effective July 1, 2023; and
WHEREAS, there remains a number of HRW accounts with unpaid water availability
fees that accrued prior to July 1, 2023; and
WHEREAS, it was the Board’s intent on May 15, 2023 to eliminate water availability
fees and remit all outstanding water availability fees and fines; and
WHEREAS, the Board desires to remit all outstanding water availability fees and fines
that accrued prior to July 1, 2023; and
WHEREAS, waiving the outstanding water availability fees will not have an adverse
financial impact on HRW and will not affect the operational stability of HRW.
NOW, THEREFORE, be it resolved by the Harnett County Board of Commissioners as
follows:
The Harnett County Board of Commissioners hereby remits all outstanding water
availability fees and fines that accrued prior to July 1, 2023 and directs Harnett
Regional Water to update all accounts with unpaid water availability fees. Such
elimination of debt shall not have an effect on any other accrued rents, rates, fees,
charges, and penalties levied by Harnett Regional Water, the County of Harnett, or
any municipality for which Harnett Regional Water provides billing and collection
services.
HCBOC 090523 a Pg. 198
2
Duly adopted by the Harnett County Board of Commissioners this 5th day of September,
2023.
HARNETT COUNTY BOARD OF COMMISSIONERS
_________________________________________
Matthew B. Nicol, Chairman
Harnett County Board of Commissioners
Attest:
_______________________________
Melissa D. Capps, Clerk
HCBOC 090523 a Pg. 199
July August September October November December Jauary 2023 February March April May June Totals
Children's Services
CPS Reports Received 140 140
Reports Accepted 87 87
Total children in Plc/Custody 232
FC Money expended $248,899.34
Adult Services
APS Reports Received 23 23
# of trips scheduled 906 906
Total Cases 163
Work First
Energy Expenditures $64,712.89 $64,712.89
Total cases 118
Food & Nutrition Services
Apps Approved 472 472
Total Cases (households)10,177
Benefits Issued $2,956,572.00 $2,956,572.00
Timeliness 95.33%
Adult Medicaid
Apps Approved 93 93
Total Cases 11,292 11292
Family & Children's Medicaid
Apps Approved 208 208
Total Cases 25,541 25541
Medicaid Timeliness 97.2%
Fraud Total Collections $11,569.00 $11,569.00
ChildCare
Children Served 769
Total Expenditures $433,804.00
HC providers 62
Child Support
Total Collections $729,715 $729,715.00
Total Cases 4426
Harnett County DSS Monthly Report Totals 2023-24
Item 7A
HCBOC 090523 a Pg. 200
Item7B
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Item7C
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Item 7D
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OPER DATE/TIME DI
S
VALUE AMOUNT
DY: PERSONAL PROPERTY SAUTRY 7/6/2023 2:13:46 PM
MILITARY
15.63
DY: PERSONAL PROPERTY SAUTRY 7/6/2023 2:15:20 PM
MILITARY
14.85
DY: PERSONAL PROPERTY ktaylor 7/6/2023 3:04:13 PM
MILITARY
11.06
DY: PERSONAL PROPERTY ktaylor 7/6/2023 3:05:19 PM
MILITARY
215.26
DY: PERSONAL PROPERTY ktaylor 7/17/2023 4:56:19 PM
BILLING CORRECTION
118.85
DY: PERSONAL PROPERTY ktaylor 7/18/2023 2:36:41 PM
TP IS ACTIVE DUTY MILITARY. HE IS
CURRENTLY IN TEXAS. NO LONGER A
HARNETT COUNTY SITUS.
31.74
DY: PERSONAL PROPERTY ktaylor 7/20/2023 2:51:59 PM
TP CLOSED BUS IN 2020. HE REPORTED ON
HIS LISTING BUT WAS BILLED IN ERROR.
38.25
DY: PERSONAL PROPERTY ktaylor 7/20/2023 2:52:21 PM
TOMS PRO SHOP
TOTAL RELEASE:
99174319 2021-2270716
99174319 2022-2270716
TOMS PRO SHOP
TOTAL RELEASE:
TAPIA JOSEPH MANUEL
TOTAL RELEASE:
99287180 2022-2281587
99014442 2022-2262688
BEVERLEY PERCY WILSON JR
TOTAL RELEASE:
FLANDERS JAMES ALBERT
TOTAL RELEASE:
99055610 2022-2269809
99057806 2019-2261269
FRICKE JOSHUA C
TOTAL RELEASE:
FRICKE JOSHUA C
TOTAL RELEASE:
99057806 2020-2261269
99057806 2021-2261269
FRICKE JOSHUA C
RUN DATE: 8/22/2023 2:10 PM RELEASES REPORT
Harnett County
NAME BILL NUMBER
Item7E
HCBOC 090523 a Pg. 231
RUN DATE: 8/22/2023 2:10 PM RELEASES REPORT
Harnett County
TP CLOSED BUS IN 2020. HE REPORTED ON
HIS LISTING BUT WAS BILLED IN ERROR.
42.66
DY: PERSONAL PROPERTY ktaylor 7/21/2023 2:37:20 PM
TP PROVIDED BILL OF SALE SHOWING SOLD
IN APRIL 2021.
110.23
DY: PERSONAL PROPERTY SAUTRY 7/25/2023 3:54:00 PM
TP DECEASED DOD UNKNOWN 35.82
634.35TOTAL TAXES RELEASED
TOTAL RELEASES:
NET RELEASES PRINTED:634.35
99105773 2022-2261388
MARTIN GERALD FRANCIS
TOTAL RELEASE:
99192212 2022-2281232
WOODELL JOHN RICHARD JR
TOTAL RELEASE:
HCBOC 090523 a Pg. 232