072820ws9:00 am
9:15 am
9:45 am
10:00 am
10:15 am
10:30 am
11:00 am
Harnett County Board of Commissioners
Work Session
Tuesday, July 28, 2020
9:00 am
T his m eeting will not be open to members of the public
to attend in person h owever, l is tening opti ons are provide be low.
Call to order, Pledge of Allegiance and Invocation
CALEA Update, Sheriff Wayne Coats and Captain Jeff Armstrong
CRF Interlocal Agreement Discussion and Update, Brian Haney and Christopher
Appel
Habitat for Humanity of Harnett County's request for reimbursement of fees
County Manager's Report:
August 3 , 2020 Regular Meeting Agenda Review
Review applications to serve on Boards and Committees
Invitations and upcoming meetings
Closed session
Adjourn
Immediately following the work session, commissioners will tour the Department of Social
Services addition.
072820wsa HCBOC Page 1
CONDUCT OF THE J ULY 28rn MEETING
OF THE HARNETT COUNTY BOARD OF COMMISSIONERS
The Harnett County Board of Commissioners will convene their July 28, 2020 work session
under certain conditi ons:
1 . The Harnett County Board of Commissioners and County government staff necessary to
conduct the meeting or to speak on scheduled agenda items will be stationed in the
meeting chambers to maintain the recommended social distancing of 6 feet.
2. The July 28 1h work sess ion will not be open to members of the public to attend in
person as we are observing the current provisions of any Executive Orders related to
mass gatherings and public health guidance regarding soc ial di s tancing. The public will
have the oppo11unity to listen to the meeting live online or by calling into the meeting.
3. The meeting will be streamed live on Harnett County Government's YouTube Channel
at: https ://www.voutube.com/channel/U CU7m TF6HTD65x 98EhAMeMg/featured
4. If yo u wi sh to call in and li sten to t he meeting you may dial (910)814-6959. Please
remember to mute your phone whi le li sten in g so as not to di srupt others li steni n g.
5. You ma y also follow a long on Twitter @ HarnettCounty to get li ve upd ates during th e
meeting .
The Board appreciates the pub lic's patience and unders tanding as they seek to ensure th e
continuity of county operations whi le demonstrating compli ance with St ate law and prudent
public health practices in these difficult t imes .
072820wsa HCBOC Page 2
HARNETT COUNTY, NORTH CAROLINA
REIMBURSEMENT AGREEMENT FOR CORONA VIRUS RELIEF FUND
THIS REIMBURSEMENT AGREEMENT (hereinafter "Agreement"), made and entered
into this _ day of 2020, by and between the County of Harnett, a body
politic and corporate organized and existing under the laws of the state of North Carolina
(hereinafter referred to as "County") and , a North Carolina
___________ organi zed and exi sting under the laws of the state of North
Carolina (hereinafter referred to as "Municipality");
WITNESSTH
WHEREAS, North Carolina counties are receiving funding for local governments as part
of the Coronavirus Relief Fund ( CRF) established under the federal CARES Act. The CRF
allocation for the County totals $5,101,389.00; and
WHEREAS , pursuant to North Carolina Session Law 2020-80, twenty-five percent
(25%) of the County's CRF funds shall be allocated to municipalities within Harnett County and
that the total amount and method of allocating the funds shall be determined solely by the
County; and
WHERES , the allocation methodology chosen uses a pro rata calculation based on the
Municipality's percentage of the County's total municipal population based on the 2019
population estimates certified to the Secretary of Revenue by the State Demographer with the
Office of State Budget and Management; and
WHEREAS , the County and Municipality mutually desire to establish the means and
method for the allocation of Municipality's portion of these funds through a reimbursement
agreement.
NOW TH EREFORE, in consideration of the promises and further consideration of the
mutual agreements contained herein , as well a s the financial consideration, the parties hereto
agree as follows:
1. The Recitals set forth above, along with the definitions of certain terms are incorporated
herein by reference as if fully restated.
2. Amount of Funds. The County shall provide Municipality a portion of it s CRF allocation
not to exceed the amount of$ , based on the Municipality 's percentage of the
County's total municipal population of the twenty-five percent (25%) of the CRF funds set aside
for local municipalities. Actual funding amount will be allocated in accordance with planned
expenditures described in the Coronavirus Relief Fund Plan, outlined in Section 3.
3. Coronavirus Relief Fund Plan. Municipality shall submit a Coronavirus Relief Fund Plan
(CRF Plan), which is incorporated herein by reference , to the County which details how
Municipality will spend its allocation of the CRF funds. The CRF Plan shall be submitted to the
Page 1 of 5
072820wsa HCBOC Page 3
County no later than August 21, 2020. If the proposed use of the funds in the CRF Plan is not
approved by the County or the State, Municipality shall submit an amended CRF Plan for
approval.
4. Certification. Any CRF funds to be disbursed to Municipality will only be made as a
reimbursement. Prior to any such disbursement , the Municipality shall make a report that is
compliant with the requirements of the North Carolina Office of State Budget and Management
(OSBM) and certify to the County that the funds being reimbursed:
• Were necessary expenditures incurred due to the public health emergency with
respect to Coronavirus Disease 2019 (COVID-19) and were not accounted for in
the budget most recently approved by Municipality as of March 27 , 2020 (the date
of enactment of the CARES Act) for the State or government;
• Were incurred during the period that began on March 1, 2020 and ends on
December 30, 2020 in accordance with the budget proposal submitted to County
by Municipality;
• Were spent in a manner consistent with terms for the CRF set forth by the North
Carolina Pandemic Recovery Office and in accordance with all applicable State
and federal laws ; and
• Were spent in accordance with the Municipality's CRF Plan.
County reserves the right to reasonably request additional documentation to demonstrate
compliance with the CARES Act and North Carolina Session Law 2020-4, the "COVID-19
Recovery Act" and 2020-80, the "2020 Coronavirus Relief Fund/Additions & Revisions."
It is the intent of Municipality to use the allocated CARES Act funds to pay salaries and benefits
for the Police Department. According to the NC Pandemic Recovery Office
(NCPRO), "CRF money can be used for payroll expenses for all public health and public safety
employees, such as Health Department managers, EMS, law enforcement, etc ... Per US Treasury
guidance, these are eligible expenses even though the previously approved budget includes fund s
for these employees to perform their regular duties because they are working on COVID-19
miti gation or response ." However, this intent does not preclude the Municipality from expending
funds in accordance with Municipality 's approved CRF Plan.
5. Reimbursement Process. Municipality will only be reimburse d for qualified expenses
that were identified and approved in Municipality's CRF Plan. Municipality shall provide the
monthly report described in Section 4 above to County no later than the 10th day of the month for
the previous month 's expenditures. Municipality's first report and certification requesting
reimbursement shall be due on the tenth day of the month immediately following approval of
Municipality's CRF Plan. Following receipt of the report and certification requesting
reimbursement of the Municipality the County shall review for compliance. County will notify
Municipality of its approval or denial not later than the 191h day of the month. Approved reports
will be uploaded to OSBM's portal in accordance with the State's reporting requirements .
Reimbursement payments will be processed and di sbursed Net 30 days after receipt of a correct
report. A denial will include a reasonable description of the reason for denial and offer an
Page 2 of 5
072820wsa HCBOC Page 4
opportunity to cure any deficiencies. If Municipality fails to provide a timely monthly report to
County, reimbursement may be delayed or denied . Any portion of the maximum amount of CRF
funds listed as available for reimbursement uses by the Municipality that are not properly and
timely requested for disbursement by the Municipality shall be revert back to the County.
6. Submission of Plan and Reports. All Plans and Reports shall be submitted to Brian
Haney, Assistant County Manager, County of Harnett, via email at bhaney@hamett.org and shall
be submitted in accordance with the timelines and manner outlined in this Agreement.
Municipality shall also be required to submit a final report to County that is compliant with the
requirements of OSBM upon the exhaustion of Municipality's CRF funds or no later than 10
days prior to the submission date required by the State. County will review the final report for
compliance and will upload the approved final report to OSBM's portal in accordance with the
State 's reporting requirements.
7. Repayment of Appropriated Funds. Any funds appropriated by the County and
distributed to the Municipality that are found to have been utilized by Municipality for uses in
violation of CRF shall be repaid by Municipality to the County within 30-days upon notice by
the County in the event that the State or Federal government seeks repayment of funds from the
County for a portion of the Municipality 's allocation.
8. Access to Persons and Records . The County, the State Auditor, appropriate federal
officials, and their respective authorized employees or agents are authorized to examine all
books, records , and accounts of the Municipality insofar as they relate to tran sactions and
expenditures that are subject for reimbursement under CRF. The Municipality shall retain any
such books , records , and accounts for a minimum of three (3) years after the completion of this
Agreement and are to be made available for examination upon request. Additional audit or
reporting requirements may be required by the County, if in the County 's opinion, such
requirement is imposed by federal or state law or regulation.
MISCELLANEOU S
9. Notice. Any notice , consent, or other communication in connection with this Agreement
shall be in writing and may be delivered in person, by mail , or by fac simile transmission
(provided sender confim1s notice by written copy). If hand-delivered, the notice shall be
effective upon delivery. If by facsimile copy, the notice shall be effective when sent. If served
by mail , the notice shall be effective three bus ines s day s after being deposited in the United
States Postal Service by certified mail , return receipt requested, addressed appropriately to the
address set forth below:
To County
Paula Stewart
Co unty Manager
Po st Office Box 759
Lillington, N orth Carolina 27546
Page 3 of 5
072820wsa HCBOC Page 5
With copy to:
Christopher W. Appel
Senior County Staff Attorney
Post Office Box 23 8
Lillington, North Carolina 27546
To (City/Town)
10. Governing Law. The parties intend that this Agreement shall be governed by the law of
the State of North Carolina.
11. Non-Business Days. If the date for making any payment or the last day for performance
of any act or the exercising of any right shall not be a Business Day, such payment shall be made
or act performed or right exercised on or before the next preceding Business Day.
12. Severability. Each provision in this Agreement is severable. If any provision of this
Agreement will be determined to be invalid or unenforceable by a court of competent jurisdiction,
then: (a) such determination will not invalidate or render unenforceable any other provision of
this Agreement; (b) such provision will be construed as closely as possible to the parties' original
intent in order to render such provision valid or enforceable, as applicable; and ( c) the remaining
terms of this Agreement, together with such reconstructed provision, will constitute the parties'
entire agreement.
13. Entire Agreement; Amendments. This Agreement constitutes the entire contract between
the parties, and this Agreement shall not be changed except in writing signed by both parties.
14. Binding Effect. Subject to the specific provisions of this Agreement, this Agreement shall
be binding upon and inure to the benefit of and be enforceable by the parties and their respective
successors and assigns.
15. Time. Time is of the essence in this Agreement and each and all of its provisions.
16. Liability of Directors, Officers and Agents. No director, officer, agent or employee of the
County or Municipality shall be subject to any personal liability or accountability by reason of the
execution of thi s Agreement or any other documents related to the transactions contemplated
hereby. Such officers , agents, or employees shall be deemed to execute such documents in their
official capacities only, and not in their individual capacities. This Section shall not relieve any
s uch officer, agent or employee from the performance of any official duty provided by law.
17. Confidentiality. The County will keep confidential and will not disclose or publish any of
Municipality's trade secrets as defined in Section 132-1.2(1) of the North Carolina General
Page 4 of S
072820wsa HCBOC Page 6
Statutes, will keep all records evidencing such trade secrets marked as "confidential trade secrets",
and will keep all such records segregated in the County's files. If the County receives a request,
subpoena or court order to disclose any information or records Municipality or its representatives
have provided or provide in the future relating to this Agreement or the project described in this
Agreement, the County will give Municipality prompt written notice of the request, subpoena or
court order and will discuss any proposed disclosure of such information or records with
Municipality (and, to the extent possible, give Municipality the opportunity to contest any
disclosure of information or records Municipality believes should not be disclosed) before making
any such disclosure.
18. E-Verify. Municipality shall comply with the requirements of Article 2 of Chapter 64 of
the North Carolina General Statutes. Municipality shall also require any and all of its
subcontractors to comply with the requirements of Article 2 of Chapter 64 of the North Carolina
General Statutes.
19. Counterparts. The individual signatories below have the expressed and implied authority
on behalf of their respective Boards to execute this Agreement. The Parties may execute this
Agreement in separate counterparts and the execution of a copy shall have the same effect as the
execution of an original. Such execution may be by facsimile or PDF attachment to an email.
IN WITNESS WHEREOF , the parties hereto have caused this Reimbursement
Agreement to be duly executed pursuant to authorization obtained in a duly adopted resolution or
has otherwise been duly authorized to sign on behalf of their respective organization.
(City/Town)
(authorized signer)
ATTEST:
This document has been pre-audited
in the manner required by the Local
Government Budget and Fiscal Control
Act.
Municipal Finance Director
Page 5 of 5
County of Harnett
Howard Penny
Chairman
ATTEST:
This document has been pre-audited
in the manner required by the Local
Government Budget and Fiscal Control
Act.
County Finance Director
072820wsa HCBOC Page 7
~Habitat
' for Humanity®
of Harnett County
PO Box 2157 "' 101 West Harnett Street "' Dunn, North Carolina 28 335
www .hchfh .com "'910-891-4500
Mr. Howard Penny
Board Chairman
July 22, 2020
Harnett County Board of Commissioners
Dear Mr. Penny :
My name is Mike Blackmon and I am the Executive Director for Habitat for
Humanity of Harnett County. On June 3, 2019 the Board of Commissioners
Voted unanimously to waive the fees for a house that we were building in
Erwin at 807 Rosemary Street. The fees totaled $8,575 .00.
We have another qualified family that has chosen a lot in the Forest Hills
Subdivision i n Erwin . The lot is currently being cleared so that we may place
the house on it.
The fees for this house are basically the same as the last house.
are as follows:
Single family Dwelling permit fees:
Plan review fee:
Water Tap Fee:
Sewer Tap Fee:
Estimated Tipping Fees for Tree Stumps
$700.00
$ 25 .00
$ 2825 .00
$ 3525 .00
$ 1000.00
The fees
$ 8075.00 Total Fees
These fees have been provided to me by Central Permitting in Harnett
County.
Habitat for Humanity of Harnett County respectfully asks that you consider
reimbursing Habitat for the above mentioned fees. We are building the
same house that we have just completed on Rosemary Street, it appraised
for$ 148,000.00.
'1'Ve offer a liaruf-up" --"Not a fiancf-out!"
HCHFH is a 501(c)(3) corporation ......... all g ifts are tax deductable
072820wsa HCBOC Page 8
1lf Habitat
' for Humanity®
of Harnett County
PO Box 2157 IV 101 West Harnett Street IV Dunn, North Carolina 28335
www .hchfh .com "' 910-891-4500
Habitat for Humanity would appreciate your consideration.
Respectfully Submitted
Mike Blackmon
Executive Director
Habitat for Humanity of Harnett County
cc: Paula Stewart
County Manager
"We offer a Fiand-up" --"Not a fiamf-out!"
HCHFH is a 501(c)(3) corporation ......... all gifts are tax deductable
072820wsa HCBOC Page 9