06032002HARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Regular Meeting
June 3, 2002
The Harnett County Board of Commissioners met in regular session on Monday, June
3, 2002, in the Commissioners Meeting Room, County Administration Building, 102
East Front Street, Lillington, North Carolina.
is
Members present: Teddy J. Byrd, Chairman
Beatrice Bailey Hill, Vice Chairman
Dan B. Andrews
Walt Titchener
Tim McNeill
Staff present: Neil Emory, County Manager
Wm. A. (Tony) Wilder, Assistant County Manager
Dwight W. Snow, County Attorney
Vanessa W. Young, Finance Officer
Kay S. Blanchard, Clerk to the Board
Chairman Byrd called the meeting to order at 9:00 a.m. and Commissioner McNeill
led the pledge of allegiance and prayer.
Commissioner Hill moved to approve the agenda as published with additions to the
consent agenda of a request from MIS to apply for a grant and authorization for a
resolution recognizing the Hurricanes Hockey team on its recent success.
Commissioner Andrews seconded the motion and it passed unanimously.
Upon motion by Commissioner McNeill and seconded by Commissioner Titchener,
isthe Board unanimously approved the following items on the consent agenda:
1. Minutes: Regular meeting, May 20, 2002
2. Budget amendments:
455 Human Resources — WIA (Fund 110-General)
Code 110-7404-465.12-00 Salaries & Wages, p.t. 6,000. decrease
110-0000-331.74-04 WIA One -Stop 6,000. decrease
456 Cooperative Extension (Fund 110-General)
Code 110-7310-465.11-00 Salaries & Wages 1,117. decrease
110-7310-465.30-04 Professional Services 500. decrease
110-0000-334.73-10 Parents as Teachers 1,617. decrease
462 Cooperative Extension (Fund 110-General
Code 110-7307-465.12-00 Salaries & Wages, p.t.
6,400. increase
110-7307-465.22-00 FICA Tax Expense
490. increase
110-7307-465.26-08 Worker's Compensation
96. increase
110-7307-465.41-11 Telephone & Postage
400. increase
110-7307-465.60-33 Materials & Supplies
500. increase
110-7307-465.58-14 Travel & Meetings
1,100. increase
• 110-7307-465.55-12 Printing & Binding
500. increase
110-7307-465.33-45 Contracted Services
3,014. increase
110-0000-334.73-07 Rural Tourism
12,500. increase
463 Southwest Wastewater Plant Expansion Project (Fund 547-"SW WW")
Code 547-0000-361.10-00 Interest on Investments 4,100. increase
547-9106-431.45-80 Contingency 4,100. increase
264 Southwest Regional Transmission Phase II (Fund 542-"REGIII")
Code 542-0000-314.50-00 Sales Tax Refunds 33,819. increase
542-9101-431.45-80 Contingency 33,819. increase
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3. Tax Refunds and Releases (Attachment 1)
4. Request from citizen to waive landfill fees was discussed, including presentations
by the citizen, Eldridge W. Kimmons, and his son, Jeffery Kimmons. The item
will be considered at the next Board meeting.
5. Resolution recognizing Philippa White, Fayetteville Observer reporter
(Attachment 2)
6. Resolution of support for multilaning of Highway 401 (Attachment 3)
7. Authorization for Northwest Harnett Volunteer Fire Department to purchase a
service truck in the amount of $187,700.00.
8. Resolution to add roads to the State's Secondary Road System (Attachment 4)
Twin Lakes Subdivision — Williford Lane and Currie Drive
9. Authorization to submit application for Public School Capital Funds (ADM) to be
utilized to pay a portion of the debt service for Highlands Elementary School
(Attachment 5)
10. Authorization for MIS to apply for a Rural Internet Access Authority Public
Access Site Grant. The county could be awarded up to $12,000 to support a public
access site.
11. Authorization for a resolution recognizing the Carolina Hurricanes Hockey Team
on its recent success.
Chairman Byrd read and>presented a resolution to Philippa White, Fayetteville
Observer reporter, who will soon be moving back home to Great Britain.
Informal comments were provided by the following citizens:
- Buddy Kimmons, Kramer Road, requested that the Board waive all landfill
fees for all waste associated with site clean-up of his son's mobile home
that was recently destroyed by fire.
- Jeffrey Kimmons, Kramer Road, owner of burned mobile home, requested
that landfill fees be waived associated with clean-up of the site.
- Wilton Lee, Rolling Springs Subdivision, expressed concerns with a
mobile home park and asked when the bond referendum for a proposed
sewer project in his community will be held.
Commissioner Hill moved for the appointments listed below. Commissioner
Titchener seconded the motion and it passed unanimously.
Anderson Creek Senior Center Advisory Committee
Horace Moffit for a 3-year term to expire 06/30/05
nominated by Commissioner McNeill
Work First Planning Committee
Roy Haddock for an unspecified term
nominated by Chairman Byrd
Chairman Byrd called to order a public hearing on the proposed FY 2002-2003
Secondary Roads Improvement Program for Harnett County. Ray Stone, District
Engineer, N.C. Department of Transportation, presented the proposed program.
Chairman Byrd opened the meeting for public comments. Comments were received
regarding the roads listed below.
- Commissioner Andrews - SR 1263 Cummings Road
- Commissioner Hill - Road near Shawtown that runs from Hwy. 27 to
Bailey Way Road has excess water when it rains that runs into the yard of a
resident.
- Commissioner McNeill - Bullard Road off Hwy. 87 needs a school bus
turn -around. Currently, the bus stops on Hwy. 87 to pick up and let off
students. Also, parking of vehicles on road right-of-way on Ray Road
needs to be looked at again for possible remedy.
- Wilton Lee, 132 Rosebud Lane, requested 2 speed limit signs for Rolling
Springs Subdivision.
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There being no further comments, Chairman Byrd closed the public hearing.
Commissioner McNeill moved to adopt a resolution approving the FY 2002-2003
Secondary Roads Improvement Program for Harnett County. Commissioner Andrews
seconded the motion and it passed unanimously. (Attachment 6)
Departmental reports were filed with the Board from Fire Marshal & Emergency
Management, and Veterans' Affairs.
Commissioner Titchener moved to schedule a public hearing on a proposed
• moratorium on new cell towers for June 17. Commissioner Andrews seconded the
motion and it passed unanimously.
Commissioner Titchener moved to adopt a resolution to support the Harnett County
Bar Association's opposition for a Public Defender's office. Commissioner McNeill
seconded the motion and it passed unanimously. (Attachment 7)
Dwight Snow, County Attorney, presented proposed resolutions that if adopted would
be forwarded to our legislators for submission:
Resolution to Amend the 1997 Harnett County Local Act By Prohibiting
the Possession of a Loaded Firearm While on the Right -of -Way of Public
Roads in Harnett County. Commissioner McNeill moved to adopt the
resolution. Commissioner Andrews seconded the motion and it
passed unanimously. (Attachment 8)
2. Resolution to Repeal S.L. 1977, C. 636 which Prohibits the Taking of Fox
Only with Dogs in Harnett County. Commissioner McNeill moved to
adopt the resolution. Commissioner Hill seconded the motion and it passed
unanimously. (Attachment 9)
3. Resolution to Amend North Carolina General Statute § 18B-600(f) to
• Allow Certain Townships in Harnett County to hold Alcoholic Beverage
Elections. After discussion, Commissioner McNeill moved to adopt the
resolution. Commissioner Andrews seconded the motion and it failed
3 to 2 with Chairman Byrd, Commissioner Titchener and Commissioner
Hill casting the dissenting votes. (Attachment 10)
•
Commissioner Andrews moved for the Board to go into closed session for the
following purposes:
(1) To discuss matters relating to the location or expansion of industries or
other businesses in Harnett County; and
(2) To discuss a personnel matter.
This motion is made pursuant to N.C. General Statute Section 143-318.11(a)(4) & (6).
Commissioner Hill seconded the motion and it passed unanimously.
Commissioner Hill moved for the Board to come out of closed session. Commissioner
Andrews seconded the motion and it passed unanimously.
There being no further business, Commissioner Hill moved to adjourn. Commissioner
Andrews seconded the motion and it passed unanimously. The Harnett County Board
of Commissioners' regular meeting, June 3, 2002, adjourned at 11:30 a.m.
Kay S1 Blanchard, Clerk to the Board
Attachment 1.
MONTHLY REFUND REPORT
24-May-02
BILL NUMBER NAME
2001056740 JOHNSTON, WILLIAM
MCKAY
224 DEVONBROOK
LANE
BARRINGTON AT
REGENCY
CARY, NC 27511
2001056742 JOHNSTON, WILLIAM
MCKAY
224 DEVONBROOK
LANE
BARRINGTON AT
REGENCY
CARY, NC 27511
2001056741 JOHNSTON, WILLIAM
MCKAY
224 DEVONBROOK
LANE .
BARRINGTON AT
REGENCY
CARY, NC 27511
REASON
SHOULD NOT HAVE
BROKEN OUT AND
VALUED AS LOT IN 01
SHOULD NOT HAVE
BROKEN OUT AND
VALUED AS LOT IN 01
SHOULD NOT HAVE
BROKEN OUT AND
VALUED AS LOT IN 01
�oa� o'a COe�ittiti��l�i19�4�
CssaalJ D
'�,,....•�s
B �
AMOUNT
COUNTYWIDE-11,725 X .76 = 99.11
FLAT BRANCH FIRE -1 I,725 X .12 =
14.07
TOTAL - 103.18
COUNTYWIDE-11,725 X .76 = 89.11
FLAT BRANCH FIRE-11,725 X .12
14.07
TOTAL - 103.18
COUNTYWIDE - 11,725 X .76 = 89.11
FLAT BRANCH FIRE - 11,725 X. 12
=
14.07
TOTAL - 103.18
200134069 MINOR, WALTER N CORRECT VALUE OF COUNTYWIDE - 11,114 X .76 = 94.46
303 PINE BURR STREET MANUFACTURED HOME N. HARN. FIRE - 11,114 X .08 = 8.99
FUQUAY VARINA, NC TOTAL - 93.35
27526.
Attachment 2.
RESOLUTION
Ms. Philippa White
YEAR MONTH TOWN
2001 06/02
2001 06/02
2001 06/02
2001 06/02
WHEREAS, Ms. Phillipa White, in her capacity as a reporter for the Fayetteville
Observer, has, over the past year, served in a most professional manner as she has reported
on events and news stories throughout Harnett County; and
WHEREAS, in addition, during this time she has attended and reported on the
meetings of the Board of Commissioners; and
WHEREAS, during her time here, she has earned the respect and admiration of the
Board as well as the staff of the County; and
WHEREAS, as a citizen of Great Britain, she now plans to return to her homeland.
NOW, THEREFORE, in Response to Her Departure and in Recognition of Her
Service to our County, the Harnett County Board of Commissioners does hereby declare
Ms. Phillipa White an honorary citizen of Harnett County and does hereby authorize her
to utilize the tern y'all wherever she may reside.
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Duly adopted this 3`d day of June, 2002. •
HARNETT COUNTY BOARD OF COMMISSIONERS
Harnett County does not discriminate on the basis 6f iace, color, national origin, sex, religion, age or
disability in employment or the provision of services.
Attachment 3.
RESOLUTION
WHEREAS, US Highway 401 serves as a major transportation corridor in Harnett
County as well as our region; and
WHEREAS, this highway also serves as an important link to the military installations of
Fort Bragg and Pope Air Force Base; and
• WHEREAS, it is in the interest of Harnett, Cumberland, and Wake Counties, as well as
the military, that US Highway 401 be upgraded to a multi -lane facility throughout the three
counties; and
WHEREAS, this project is currently noted as an unfunded project in the current North
Carolina Transportation Plan.
NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of
Commissioners does hereby request that the Federal and State Legislative delegations for the
respective counties noted make every effort to obtain the federal and state funding necessary to
make this project a reality.
Adopted this 3'a day of June, 2002.
HAR7i;
ARD F COMMISSIONERS
f Kd
d, Mai&an
eatriceB. Hill, Vice hairman ,; , ;,' . Dan B. Andrews
Walt Titchener Tim McNeill
Harnett County does not discriminate on the basis of race, color, national origin, sex, religion, age or
disability in employment or the provision of services.
-ALta£hmP_P,t--J+_---- - -
RESOLUTION
BE IT RESOLVED that the Harnett County Board of Commissioners
does hereby, by proper execution of this document, request that the North Carolina
Department of Transportation add to the State's Secondary Road System the below listed
streets.
Twin Lakes Subdivision
Williford Lane
Currie Drive
Duly adopted this 3'd day of June, 2002.
HARNETT LINTY BOARD OF COMMISSIONERS
•
Teddy J. d, Chairman
ATTEST:
Kay 9. Blanchard
Clerk to the Board
Harnett County does not discriminate on the basis of race, color, national origin, sex, religion, age or
disability in employment or the provision of services.
IS
4
Attachment 5.
APPLICATION
PUBLIC SCHOOL BUILDING CAPITAL FUND
Approved:
Date:
Exhibit 2
Revised 6/30/97
County: Harnett . Contact Person: Dan C. Honeycutt
Address: P. O. Box 1029. Lillinaton NC 27546 Title: Asst. Superintendent/Interim Finance
School Admin. Unit: Harnett County Phone: 919 893-8.15.1 Utticer
Project Title: Highland Elementary School
Location: 1915 Buffalo Lake Road. Sanford NC
TypeofFacility: New Elementary School
G.S. 115C-546.2(b) "Counties shall use monies in the Fund for capital outlay projects including the planning,
construction, reconstruction, enlargement, improvement, repair, or renovation of public school buildings and for the
purchase of land for public school buildings; for equipment to implement a local school technology plan that is
approved pursuant to G.S. 115C-102.6C; or for both. Monies used to implement a local school technology plan
shall be transferred to the State School Technology Fund and allocated by that Fund to the local school
administrative unit for equipment. As used in this section. `public school buildings' only includes facilities for
individual schools that are used for instructional and related nuraoses and does not include centralized
administration, maintenance, or other facilities.
Short Description of Construction Project:
Estimated Costs: State Local Total
Purchase of Land $ $ 175,121 $ 175,121
Planning $ $ 263,385 $ 263,385
Construction . $ 878,000 $ 7,015,934 $ 7 893 934
Renovation $ $ $
Enlargement $ $ $
Repair $ $ $
School Technology $ $ N/A $
Total $ 878,000 $ 7,454,44n_ $8.332 440
BidDatesNendors: February 22,2000
Contracts signed/Dates: March 7. 2000
Estimated date of beginning of construction: April 17, 2000
Estimated dale of completion: July 10. 2002
Match: The matching, funds of one dollar of local funds for every three dollars of state funds are from
(source): Harnett County issued Certificates of Parrir epation
$ of the matching funds have been expended for/date/description:
Reporting requirements: We, the undersigned, agree to submit a statement of state/local amounts expended for this
project within 60 days of completion of the project.
The County Commissioners and the Board of Education do hereby jointly request approval of the above project and
request release of $ 878.000 from the Public School Building Capital Fund. We certify that the
project herein described is within the parameters of 115C-546.2(b) and that all of the match is available and
designated as match of this Droiect..,
(SiWture - Chair, County Cc tsstoners)�% (Date)
AJ
(Signature -
Attachmemr�. ---
of Education)
RESOLUTION
BE IT RESOLVED that the Harnett County Board of Commissioners does hereby
approve the FY 2002-2003 Secondary Road Construction Program for Harnett County as
presented by the North Carolina Department of Transportation. The Construction
Program is attached to this resolution as "Attachment A".
Duly adopted this 3rd day of June, 2002.
HARNET COUNTY BO O COMMISSIONERS
Te dy J. B d, hairman
ATTEST: U —
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ea,, J. &,&4
Kay SoBlanchard, Clerk to the Board
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"ATTACHMENT A"
2002 - 03 Secondary Road Construction Program
Harnett County
Secondary Road Construction Allocation
Highway Trust Fund Allocation
Total Secondary Road Construction Funds Available
Maintenance Operations:
Funds required to supplement secondary road maintenance operations to be used for: Stabilization of unpaved roads
with stone or local materials; Widening of paved secondary roads; Drainage Improvements; Safety Projects
Secondary Construction $ 100,768
Highway Trust Fund $ 94,053
Reserve for Contingencies:
Funds to be used for road additions; surveys & right-of-way; overdrafts; property owner participation paving;
paving of rural fire departments and rescue squads; continuation of paving down the priority list.
Secondary Construction $ 168,236
Highway Trust Fund $ 92,646
Paving Program:
Paving of unpaved roads in priority order from the Rural and Residential / Subdivision priority lists.
The Department will secure right-of-way, f right-of-way is unobtainable on any road, then the program will be extended
down the priority lists until available funds are expended.
Secondary Construction $ 615,000
Highway Trust Fund $ 495,000
$ 884,004
$ 681,699
$ 1,565,703
$ 194,821
$ 260,882
$ 1,110,000
2002 - 03 Harnett Rural Priority
Priority
Length
Estimated
Previous
02 - 03
No.
Route
Name
From
To
(Mile)
Description
Cost
Funding
Funding
Additional Funding to Complete Previous Year Program, SR
1212 (Jessie Road)
$
130.000.
SR 1419
Avery Spence Rd.
SR 1412
SR 1418
0.60
Grade, Drain, Base, and Pave
$
100,000
0
$
100,000
4F
SR 1104
Briggs Road
SR 1107
SR 1103
1.28
Grade, Drain, Base, and Pave
$
125,000
$ 125,000
0
5F
SR 1259
Collins Road
SR 1258
Dead End
0.70
Grade, Drain, Base, and Pave
$
135,000
$ 135,000
0
6F
SR 1442
Parrish Road
SR 1441,
Dead End
0.90
Grade, Drain, Base, and Pave
$
140,000
$ 140,000
0
7F
SR 2024A
Covington Rd.
SR 2026
SR 2027
1.80
Grade, Drain, Base, and Pave
$
325,000
$ 10,000
$
315,000
8F
SR 1702
Williams Road
SR 1700
SR 1701
0.60
Grade, Drain, Base, and Pave
$
90,000
$ 10,000
$
80,000
9F
SR 1853
Mann Road
SR 1700
Dead End
0.50
Grade, Drain, Base, and Pave
$
55,000
$ 55,000
0
10F
SR 1247
O'Quinn Road
SR 1229
SR 1238
0.70
Grade, Drain, Base, and Pave
$
115,000
$ 25,000
$
90,000
11
SR 2037
Hamilton Road
SR 2067
SR 2036
0.60
Grade, Drain, Base, and Pave
$
90,000
0
$
90,000
12
SR 2138
D.L. Phillips Rd
SR 1139
End Maint.
0.69
Grade, Drain, Base, and Pave
$
105,000
0
$
105,000
13
SR 1444
C.W. Matthews Rd. SR 1443
Dead End
0.60
Grade, Drain, Base, and Pave
$
105,000
0
$
100,000
14
SR 1127
Farrar Dairy Rd.
SR 1128
Beg. Pvmt.
1.05
Grade, Drain, Base, and Pave
$
185,000
0
$
100,000
Notes:
Total Mileage 10.02
Total Funding $ 1,110,000
Program is subject to availability of funding, right-of-way and environmental review.
Attached is list of 22 roads (19.89 mi.) with unattainable right-of-way on the rural and subdivision list, currently we have acquired
right-of-way on 4 of these roads, SR 1212, 1776 (portion), 1230 & 1419 and they are programmed for paving.
Priority numbers 1-10 on the Rural and Residential / Subdivision List are frozen as required by General Statue 136-44.7. These
roads are being surveyed, in right-of-way negotiation, under construction or paved.
If funding is available or right-of-way problems are encountered, then we will continue working down the priority list.
The 6 subdivision roads added in the 2001 priority have been paved, any newly added roads will be included in the 2005 priority.
'SR 1419 is currently on the right-of-way unaviailable list
t
Unavailable Right of Way
2001
Harnett County
Rural Roads
PriorityNumber
SR
Name
Length
Traffic
Count
House
Count
Business
Count
Church
Count
Year
Placed
1
2012
Duke Road
1.00
158
15
2
2
1997
2
1714
Partin Road
0.90
120
12
2
1997
3
1212
Jesse Road
2.00
148
23
1
1997
4
1509
Gardner Road
0.80
108
13
3
1997
5
1431
Bradlev Road
0.30
36
6
1997
6
2003
McLamb Road
1.20
90
11
2
1997
7
1776
Old Hamilton Road
1.15
145
13
1
1997
8
1546B
Young Road
0.90
185
21
2
1997
9
1230
Harrington Road
1.10
95
7
1
1997
10
1224
McNeill Road
0.25
170
11
1
1997
11 1
1263
Cummins Road
1.30
110
11
1
1998
12
1788
AI hin Road
0.25
60
4
2000
13
1282
Sloan Road
0.90
100
4
1
2000
14
1418
River Road
3.00
90
2
t-Rec. Fac.
2000
15
2024M
Inc.2023
Covington Road
Holida Road,
2.10
80
16
2000
Subdivision / Residential .Roads
Priority
SR
Number
Name
Length
Traffic
Count
House
Count
Business
Count
Church
Count
Year
Placed
1
2014
Hall Road
0.60
172
22
2
1
1997
2
1134
Murchison Lane
0.25
198
22
1997
3
1138
Fuller Road
0.38
240
25
1
1997
4
1419
Avery Spence Road
0.60
148
23
1
1997
5
1292
Obed Olive Road
0.20
36
6
1997
6
1422
Ausley Road
0.50
60
10
1 97
7
1828
Bears Lane
0.21
1 42
7
1997
Attachment 7.
RESOLUTON OF BARNETT COUNTY BOARD OF COMMISSIONERS
IN OPPOSITION TO CREATION OF PUBLIC DEFENDER OFFICE
WHEREAS, it has been proposed that a Public Defender Office encompassing Wake,
Harnett, Johnston and Lee County be created; and
WHEREAS, a high quality of legal services is already provided to the indigent
defendants in Harnett County under the current system of indigent defense; and
WHEREAS, many experienced and qualified attorneys currently accept indigent
appointments in Harnett County; and
WHEREAS, the creation of the proposed Public Defender office would not improve, and
would likely harm, the quality of defense provided in indigents in this County; and
WHEREAS, there is no economic or fiscal justification for the creation of a public
defender office in Harnett, Johnston or Lee Counties; and
WHEREAS, linking the provision of indigent legal services in this County with the
provision of services in Wake County would undoubtedly work to the detriment of the efficiency
of the courts of Harnett County; and
WHEREAS, the creation of a public defender office would compromise the
independence of the defense bar of this County, and thereby undermine the constitutional
requirement to provide a full and fair defense to indigents.
NOW, THEREFORE, BE IT RESOLVED that the Harnett County Board of
Commissioners is opposed to the establishment of a public defender office for this County, and
that the Board requests that the elected Legislative and Judicial officials serving Harnett County
also oppose the creation of such an office.
Adopted this 3rd day of June, 2002.
HARNETT BOARD OF COMMISSIONERS CO
I.
Teddy V RfyrJ,'C*rman
eatrice B. Hill, Vice Chairman
Walt Titchener
Ate. a.
Dan B. Andrews
i r
Tim McNeill
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Attachment 8.
NORTH CAROLINA RESOLUTION TO AMEND THE 1997
HARNETT COUNTY LOCAL ACT BY
HARNETT COUNTY PROHIBITING THE POSSESSION
• OF A LOADED FIREARM WHILE ON THE
RIGHT-OF-WAY OF PUBLIC ROADS IN
HARNETT COUNTY
THAT WHEREAS, the County of Harnett through House Bill 629, Chapter 103 of the
1997 session of the General Assembly of North Carolina is subject to local law which makes it
unlawful to hunt or attempt to hunt with a firearm while on, from or across the right-of-way of a
public road; and
WHEREAS, subsequent to the General Assembly's adoption of said local act, the Harnett
County Board of Commissioners has received complaints and petitions from County citizens
together with concerns from law enforcement officers that the safety hazards from hunting and
discharge of firearms from and across public road rights -of -way continue to exist in Harnett
County during the deer hunting season and that law officials' ability to enforce the current
regulations is limited due to loopholes in the language of the local act. That in response to the
public comments, the Board of Commissioners appointed a special Hunting Advisory Committee
which reviewed and studied the current Harnett County hunting regulations in conjunction with
• comments from landowners, hunters, and law enforcement officials who are directly affected by
said regulation. That as a result of several meetings, it was the recommendation of the Hunting
Advisory Committee that the current act needed to be modified in order to aid in the enforcement
of the act and that the penalties for violation of the act needed to be more stringent in order to
encourage citizens to obey the law; and
WHEREAS, the County Commissioners desire to adopt the recommendation of the
Hunting Advisory Committee and to endorse certain modifications to S.L. 1997-103 (HB 629) in
order to aid law officials in the enforcement of said act and to reinforce said act with stiffer
penalties.
NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of Harnett
County, that the State of North Carolina through the General Assembly pass an amendment to
1983 Session Chapter 103, House Bill 629 entitled "An Act to Prohibit Hunting From the Right -
of Way and to Modify the Law Limiting the Use of Center -Fire Rifles in Harnett County" to read
• as follows:
See attached Exhibit "A" for complete proposed amendment
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered to Harnett
County's local House Representatives and Senator for introduction to the 2002 session of the
North Carolina General Assembly.
THIS RESOLUTION passed by a unanimous (5 to 0) vote of the Harnett County Board
of Commissioners in regular session on the 3rd day of June 2002.
ATTEST:
KAY(8. BLANCHARD, clerk
HARNETT COUNTY BOARD OF COMMISSIONERS
By:
EXHIBIT "A"
R. BYRD,
AN ACT TO AMEND THE PROHIBITION OF HUNTING FROM THE
RIGHT-OF-WAY IN HARNETT COUNTY
The General Assembly of North Carolina enacts:
Section 1. Section 1 of S.L. 1997-103 reads as rewritten:
It is unlawful to hunt my ,
••^ld maniffial of VAld bir4 eff> fmm, or. arrG66 the right ef way rwith or possess a loaded
firearm (loaded means shell(s) in chamber, magazine or clip) to include center fire rifles
shotguns or pistols with barrel lengths greater than 5 1/2 inches on, from or across the right-of-
way of any public road street ighway or thoroughfare.
Section 2. Section 5 of S.L. 1997 -103 reads as rewritten:
Violation of Section 1 or 2 of this act is aGlass -3 misdemeanor punishable
as follows:
first conviction by a fine of not less than $300 nor more than $500 or thirty days
imprisonment:
second conviction within three years b a fine of not less than 500 nor more than' 700
and the defendant's North Carolina hunting license must be surrendered to the court and
eligibility for hunting license is suspended for 1 year following conviction or thirty days
imprisonment:
third conviction within three vears by a fine of $2,000 and the defendant's North Carolina
hunting license must be surrendered to the court and eligibility for hunting license is suspended
for 3 Years following conviction or 60 days imprisonment
Section 3. This act shall become effective 30 days after ratification.
Attachment 9.
NORTH CAROLINA RESOLUTION TO REPEAL
S.L. 1977, C. 636 WHICH
PROHIBITS THE TAKING
HARNETT COUNTY OF FOX ONLY WITH DOGS
IN HARNETT COUNTY
THAT WHEREAS, the Harnett County Board of Commissioners has recently appointed
a Hunting Advisory Committee which was charged with the responsibility of reviewing the
current hunting regulations/laws which apply to Harnett County and to make recommendations
regarding any regulations or modifications to current regulations which need to be made in order
to best serve the interests of wildlife conservation, hunters, landowners and the general safety of
the citizens of Harnett County; and
WHEREAS, the Hunting Advisory Committee in working with the North Carolina
Wildlife Resources Commission has discovered that the County of Harnett is subject to a local
legislative act (S.L. 1977, c.636) which makes it unlawful to take a fox (which is classified as a
game animal) by any other means but with dogs; that this local act was established in 1977 when
there was a shortage of fox in the Harnett County area and fox hunting needed to be curtailed to
maintain the species; that the Hunting Advisory Committee has been advised that proper fox
wildlife management would now dictate that the previous fox taking controls included in S.L.
1977, c. 636 are no longer needed and that the local act should be repealed, thereby making the
hunting of fox in Harnett County subject to generalNorth Carolina fox hunting regulations; and
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WHEREAS, the Hunting Advisory Committee has unanimously recommended to the
County Board of Commissioners that S.L. 1977, c.636 be repealed in its entirety, and the Board
of Commissioners has accepted and desires to adopt this recommendation and forward the same
to the North Carolina General Assembly for action.
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered to Harnett
County's local House Representatives and Senator for introduction to the 2002 session of the
• North Carolina General Assembly.
This Resolution passed by a unanimous vote ( 5 to 0) of the Harnett County Board of
Commissioners in regular session on the 31 day of June, 2002.
HARNETT CO TY BOARD OF OMMISSIONERS
By:
TE Y . BYRD h rm
�4�4
ATTEST:
Ka-, ,d . &A1,FA a /
KAY . BLANCHARD, clerk
ye501Jfon
U) n ��
• NORTH CAROLINA RESOLUTION TO AMEND NORTH CAROLINA
GENERAL STATUTE §18B-600(f) TO ALLOW
HARNETT COUNTY CERTAIN TOWNSHIPS IN HARNETT COUNTY
TO HOLD ALCOHOLIC BEVERAGE
ELECTIONS
THAT WHEREAS, Chapter 18B of the General Statutes of North Carolina entitled,
"Regulation of Alcoholic Beverages" includes no procedure or method whereby the majority of
voting citizens of a Harnett County township which has no municipality which allows alcohol
sales can vote in an election concerning the sale of alcoholic beverages only in that township;
and
WHEREAS, there exists several townships in Harnett County which do not contain a
municipality that allows the sale of alcoholic beverages. In many cases these townships border
other counties or townships with municipalities which allow the sale of alcoholic beverages
thereby giving those areas an advantage in being chosen as the location for commercial
establishments such as restaurants and grocery stores, in drawing commercial clientele for such
establishments and in general economic development. That the citizens of these Harnett County
• townships have expressed a strong desire to have the opportunity to conduct alcoholic beverage
elections and it is the consensus of the Harnett County Board of Commissioners that these
townships should have option to conduct alcoholic beverage elections pursuant to the provisions
of Chapter 1813, Article 6 of the North Carolina General Statutes.
NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of Harnett
County, that the State of North Carolina through the General Assembly pass an amendment to
North Carolina General Statute § 18B-600(f) which would allow the citizens of those townships
in Harnett County which do not contain a municipality that allows the sale of alcoholic beverages
to conduct alcohol beverage elections in a manner as set forth under G.S.§ 18B-600(f).
3
BE IT FURTHER RESOLVED that a copy of this resolution be delivered to Harnett
County's local House Representatives and Senator for introduction to the 2002 session of the
North Carolina General Assembly.
This Resolution passed by a vote ( _ to _) of the Harnett County
Board of Commissioners in regular session on the 311 day of June 2002.
HARNETT COUNTY BOARD OF COMMISSIONERS
By:
TEDDY R. BYRD, Chairman
ATTEST:
KAY S. BLANCHARD, clerk
AN ACT TO AMEND -CHAPTER 18B REGULATION OF ALCOHOLIC
BEVERAGES TO ALLOW CERTAIN TOWNSHIPS -IN HARNETT COUNTY TO HOLD
ALCOHOLIC BEVERAGE ELECTIONS
The General Assembly of North Carolina enacts:
Section 1. Article 6 (Entitled 'Elections") Chapter 18B of the General Statutes is
hereby amended by adding thereto a new G.S. 18B-600(f)(3) to read
as follows:
(f) Township Elections - An election may be called on any of the propo-
sitions listed in G.S. 1813-602 in any township located within:
(3) Harnett County that does not contain a municipality which allows the sale
of any alcoholic beverages.
In the case of subdivision (2) of this section, an election may be called in the two townships
voting together on the proposition contained in G.S. 18B-602(h).
The election shall be held by the county board of elections upon request of the county
board of commissioners or upon petition of twenty-five percent (25%) of the registered voters of
the township, or in the case of subdivision (2) of this section, of the two townships taken
together. The election shall be conducted and the results determined in the same manner as
county elections held under this Article. For purposes of this Article, townships holding any
election under this subsection shall be treated on the same basis as counties, and municipalities
located within those townships shall be treated on the same basis as cities. In the case of an
election under subdivision (2) of this subsection, the votes of the two townships counted together
shall determine the result of the election.
In order for an establishment to qualify for a permit under this subsection, the
establishment's gross receipts from food and nonalcoholic beverages shall be greater than its
gross receipts from alcoholic beverages.
Section 2. This act shall be in full force and effect from and after its ratification.
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