HomeMy WebLinkAbout051622 agenda packet
REGULAR MEETING
Date: Monday, May 16, 2022
Time: 6:00 p.m.
Location: Commissioners Meeting Room Harnett County Resource Center & Library 455 McKinney Parkway, Lillington
Harnett County Board of Commissioners
Page | 1
1. Call to order – Chairman Lewis Weatherspoon
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 April 18, 2022 ii. Work Session Minutes of April 25, 2022
iii. Regular Meeting Minutes of May 2, 2022
B. Budget Amendments C. Tax Rebates, Refunds and Releases – Motion to approve tax rebates, refunds and releases as
requested by the Tax Administrator.
D. Administration requests the Board of Commissioners adopt a Resolution changing the Tuesday,
June 14, 2022 Work Session date to Monday, June 13, 2022.
E. Emergency Services is requesting the approval of the fireworks application from Pyro Shows East
Coast for an additional shoot for the show at Campbell University on May 20, 2022 this display is
scheduled for 9:00 p.m. Pyro Shows East Coast meets all requirements and has met fire code
compliance for the events.
F. Emergency Services is requesting the approval of the fireworks application from Pyro Shows East
Coast for a fireworks shoot at Anderson Creek Club on July2, 2022 with a makeup date of July 3,
2022, this display is scheduled for 9:15p.m. Pyro Shows East Coast meets all requirements and
has met fire code compliance for the events.
G. Emergency Services is requesting the approval of the fireworks application from Pyro Shows East
Coast for a fireworks shoot for the Town of Lillington on July 4, 2022 with a makeup date of July
5, 2022 this display is scheduled for 9:15p.m. Pyro Shows East Coast meets all requirements and
has met fire code compliance for the events.
H. NC Cooperative Extension is requesting the approval of changes to the MOU’s Lock-in/Send-in
Procedures, changing to the Lock-In Provision.
I. Parks and Recreation is requesting approval of the Project Ordinance for the Neill's Creek Park
Restroom and Concession facility. The contract with the NC Office of State Budget &
HCBOC 051622a Pg. 1
Harnett County Board of Commissioners
Page | 2
Management related to the receipt of a $444,225 State Capital Infrastructure Directed Grant was
approved by the Board of Commissioners on April 18th.
J. Legal requests the Board of Commissioners adopt the proposed revisions to the Conflict of
Interest Policy.
K. Approve a Memorandum of Understanding between Harnett County and the City of Dunn
regarding property located at 600 S. Magnolia Ave., being Harnett County Parcel Identification
No. 1516-55-8158.000, containing 2.060 acres, more or less.
5. Public Comment Period Period of up to 30 minutes for informal comments allowing 3 minutes for each presentation. Please note the Harnett County Board of Commissioners adopted revisions to the Rules of Procedure, Rule 29. Public Comment Period on April 4, 2022. A copy of the rule is attached. Speakers are requested to signup prior to the meeting. Speakers may sign up by contacting the clerk at mdcapps@harnett.org at least one hour prior to the start of the meeting or by utilizing the signup sheet at the back of the room. The signup form will be picked up by the clerk 5 minutes before the published meeting start time.
6. Appointments
7. Public Hearing Regarding the Plan of Financing of Health Care Facilities with Proceeds of Tax-
Exempt Bonds to be Issued by the Public Finance Authority for the Benefit of Cumberland
County Hospital System, Inc. D/B/A Cape Fear Valley Health Systems and Harnett Health
Systems, Inc.
8. Public Hearing - Proposed Text Amendment: Case # PLAN2204-0001 Harnett County Unified
Development Ordinance; Article VII, Section 8.1 and 8.2. To amend Harnett County’s UDO in order to
be more specific as to when open space is required.
9. Public Hearing - Proposed Land Use Change: Case # PLAN2203-0002 Land Use Map Amendment; Landowner / Applicant: Wingo Holdings, LLC/ Sal Serafano; 89.12 acres; Pin # 0662-28-4695 & 0662-57-0911; From Low Density Residential to Medium Density Residential; SR # 1438 (North Harnett School Rd); Black River Township. 10. Presentation of the Budget Message and Proposed 2022-2023 Budget
11. County Manager’s Report – Brent Trout, County Manager A. Harnett County Veterans Services Activity Report B. Harnett County Department of Public Health Activities Summary C. Interdepartmental Budget Amendments
HCBOC 051622a Pg. 2
Harnett County Board of Commissioners
Page | 3
12.New Business
13.Closed Session
14.Adjourn
CONDUCT OF THE MAY 16, 2022 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.
HCBOC 051622a Pg. 3
HCBOC 051622a Pg. 4
Harnett County Board of Commissioners
April 18, 2022 Regular Meeting Minutes
Page 1 of 3
HARNETT COUNTY BOARD OF COMMISSIONERS
Regular Meeting Minutes
April 18, 2022
The Harnett County Board of Commissioners met in regular session on Monday, April 18, 2022
at 6:00 pm, in the Commissioners Meeting Room, Harnett County Resource Center and Library,
455 McKinney Parkway, Lillington, North Carolina.
Members present: Lewis W. Weatherspoon, Chairman
Matt B. Nicol, Vice Chairman
Barbara McKoy, Commissioner
Mark B. Johnson, Commissioner
W. Brooks Matthews, Commissioner
Staff present: Brent Trout, County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Melissa Capps, Clerk
Chairman Weatherspoon called the meeting to order at 6:00 pm. Vice Chairman Nicol led the
Pledge of Allegiance and provided the invocation.
Chairman Weatherspoon called for any additions or deletions to the published agenda.
Vice Chairman Nicol made a motion to approve the agenda as published. Commissioner McKoy
seconded the motion. The motion carried unanimously.
Vice Chairman Nicol made a motion to take the Proposed Zoning Change: Case # PLAN2112-
0002 - Landowner / Applicant: Mohamed Tabbakh, Ahmed Mssissi & Alicia M. Weber /
Mohamed Tabbakh; 4.50 (two parcels) +/- acres; Pin # 0653-59-6655.000 & 0653-59-8561.000;
From RA-30 to Commercial Zoning District; US Hwy 401 North; Hector’s Creek Township off
the table. Commissioner Johnson seconded the motion and the motion carried unanimously.
Chairman Weatherspoon stated the proposed zoning change would be considered later in the
meeting.
Vice Chairman Nicol 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.Work Session Minutes of March 29, 2022
ii.Regular Meeting Minutes of April 4, 2022
iii.Work Session Minutes of April 12, 2022
B.Budget Amendments (Attachment 1)
Item 4Ai
HCBOC 051622a Pg. 5
Harnett County Board of Commissioners
April 18, 2022 Regular Meeting Minutes
Page 2 of 3
C.Tax Rebates, Refunds and Releases – Motion to approve tax rebates, refunds and
releases as requested by the Tax Administrator. (Attachment 2)
D.Harnett Regional Water requests the Board of Commissioners authorize HRW to enter
into a 10 year water supply contract with the Town of Fuquay-Varina. The Town
currently owns 2 million gallons of capacity in the Harnett Regional Water Treatment
Plant and 5 million gallons of capacity in the Harnett-Wake Water Transmission Line.
This contract is for the additional supply of 2 million gallons per day (mgd) for the next
10 years bringing their daily total maximum to 4 mgd. The Town is not purchasing
additional water capacity in the plant and will therefore pay a higher bulk water rate
for every gallon used above their current 2 mgd threshold.
E.Harnett Regional Water requests the Board of Commissioners adopt a resolution
authorizing HRW to apply for $5,000,000 in American Rescue Plant Act (ARPA) grant
funds and $15,000,000 in Clean Water State Revolving Loan Funds (CWSRF) in
association with the North Harnett Wastewater Treatment Plant (NHWWTP) Capacity
Upgrade Project. (Attachment 3)
F.The Sheriff’s Office is requesting the re-classification of two Deputy Sheriffs Positions
(Job Class 7010) paygrade 107 to Detectives (Job Class 7030) paygrade 110. The
increase in salaries for the re-classifications will be funded by freezing a third Deputy
Sheriffs Positions. No additional funding will be needed.
G.The Sheriff’s Office is requesting the re-classification of four Detention Officer
Positions Paygrade 104 to Booking Intake Technician pay grade 102, salary of $31,947.
The Booking Intake Technician will be a civilian position. No additional funding is
requested since the positions are a lower paygrade.
H.The Sheriff’s Office is requesting that K-9 Sadie be retired and allow “Sadie’s” Former
Handler William Nowell to purchase “Sadie” for $1.
I.Administration requests approval of a contract with the NC Office of State Budget &
Management related to the receipt of a $630,000 Local Infrastructure Grant the County
received as part of the State Budget.
J.Parks and Recreation requests approval of a contract with the NC Office of State
Budget & Management related to the receipt of a $100,325 State Capital Infrastructure
Directed Grant the County received as part of the State Budget.
Chairman Weatherspoon 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. Alan Longman of 234 Hamilton Road, Bunn Level, NC.
2. Elizabeth Longman of 234 Hamilton Road, Bunn Level, NC
3.Angela Scarborough of Harnett County, NC.
4.Vanessa Lech of 302 N. 10th Street, Erwin, NC.
5.Michael Collins of 5821 NC 210 N, Angier, NC.
6.Earl Clack of 36 Clack Lane, Fuquay Varina, NC.
7.Jerry Fallin of Cameron, NC.
8. Angela Collins of 5821 NC 210 N, Angier, NC.
HCBOC 051622a Pg. 6
Harnett County Board of Commissioners
April 18, 2022 Regular Meeting Minutes
Page 3 of 3
No one else spoke. The public comment period was closed.
Chairman Weatherspoon made a motion to approve the rezoning case #PLAN2112-0002. The
motion was seconded by Commissioner Matthews. Commissioner Johnson stated he has been by
there twice in the past 30 days and it does look like that are trying to comply. Commissioner
McKoy stated I am in favor, but I really did not understand why it was not done before. The
requested rezoning to commercial is reasonable based on the history of nonresidential uses on
these parcels as well as compatibility with Harnett County Land Use Plan. Therefore the Harnett
County Commissioners approve the rezoning request. The motion carried unanimously.
(Attachment 4)
Mr. Trout stated we have a deadline that is approaching for the submission of GREAT grants by
internet service providers. We are supporting a number of internet service providers to see what
will come through. Ira Hall, Chief Information Officer, stated the due date is May 4th, the last
voting meeting we have is May 2nd and seemed like it put a lot on the providers who are asking
for this agreement and would like to have it to put in their package to do their final submissions.
Commissioner Matthews stated based on the timeline and, I make a motion that we work with
these providers to pursue the GREAT Grant and authorize the County Manager to sign those
agreements. The motion was seconded by Vice Chairman Nicol. Commissioner McKoy asked
how many providers and Mr. Hall stated 6 providers. The motion carried unanimously.
Mr. Trout stated you have a couple of reports included in your packet and interdepartmental
budget amendments. We are working diligently on the preparation of the budget.
Vice Chairman Nicol made a motion to adjourn at 6:38 p.m. The motion was seconded by
Commissioner Matthews and carried unanimously.
____________________________________ ___________________________________
Lewis W. Weatherspoon, Chairman Melissa D. Capps, Clerk
HCBOC 051622a Pg. 7
Attachment 1Item 4Ai.
HCBOC 051622a Pg. 8
HCBOC 051622a Pg. 9
HCBOC 051622a Pg. 10
HCBOC 051622a Pg. 11
HCBOC 051622a Pg. 12
HCBOC 051622a Pg. 13
HCBOC 051622a Pg. 14
HCBOC 051622a Pg. 15
HCBOC 051622a Pg. 16
HCBOC 051622a Pg. 17
HCBOC 051622a Pg. 18
HCBOC 051622a Pg. 19
HCBOC 051622a Pg. 20
HCBOC 051622a Pg. 21
HCBOC 051622a Pg. 22
HCBOC 051622a Pg. 23
HCBOC 051622a Pg. 24
HCBOC 051622a Pg. 25
HCBOC 051622a Pg. 26
HCBOC 051622a Pg. 27
HCBOC 051622a Pg. 28
HCBOC 051622a Pg. 29
HCBOC 051622a Pg. 30
HCBOC 051622a Pg. 31
Attachment 2Item 4AiHCBOC 051622a Pg. 32
HCBOC 051622a Pg. 33
HCBOC 051622a Pg. 34
HCBOC 051622a Pg. 35
HCBOC 051622a Pg. 36
HCBOC 051622a Pg. 37
HCBOC 051622a Pg. 38
Attachment 3Item 4Ai
HCBOC 051622a Pg. 39
HCBOC 051622a Pg. 40
Attachment 4
Item 4Ai
HCBOC 051622a Pg. 41
Harnett County Board of Commissioners
Work Session Minutes
April 25, 2022
Page 1 of 3
HARNETT COUNTY BOARD OF COMMISSIONERS
Minutes of Work Session
April 25, 2022
The Harnett County Board of Commissioners met in work session on Monday, April 25, 2022 at
9:00 am, in the Commissioners Meeting Room, Harnett County Resource Center and Library, 455
McKinney Parkway, Lillington, North Carolina.
Members present: Lewis W. Weatherspoon, Chairman
Matt B. Nicol, Vice Chairman
Barbara McKoy, Commissioner
W. Brooks Matthews, Commissioner
Member Absent: Mark B. Johnson, Commissioner
Staff present: Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Brent Trout, County Manager
Melissa Capps, Clerk
Chairman Weatherspoon called the Harnett County Board of Commissioners meeting to order at
9:00 am.
Vice Chairman Nicol led the Pledge of Allegiance and invocation.
The following agenda was before the Board of Commissioners:
1.Call to order – Chairman Lewis Weatherspoon
2. Pledge of Allegiance and Invocation – Vice Chairman Matt Nicol
3. Discuss Library Consolidation; Angela McCauley, Harnett County Public Library
Director and Brent Trout, County Manager
4.Discuss Harnett County Health Department’s requests for approval of Pandemic
Recovery Federal ARPA funding provided through NC DHHS in the amount of
$206,562; John Rouse, Health Director
5. Discuss Harnett County Department on Aging’s request for approval of $1500 in
Federal funds provided by US DHHS thru Mid Carolina Agency on Aging; John
Rouse, Health Director
6.Discuss Harnett County Emergency Services’ request for Board approval to zero
balance 88 EMS billing claims under the Federal HRSA COVID 19 Uninsured
program; Larry Smith, Emergency Services Director
7. Discuss Contract Approval for Former Benhaven School Parking Lot Project; Coley
Price, Assistant County Manager & Chris Johnson
8.Discuss RFQ for Fuel Provider at Jetport; Coley Price, Assistant County Manager
Item 4Aii
HCBOC 051622a Pg. 42
Harnett County Board of Commissioners
Work Session Minutes
April 25, 2022
Page 2 of 3
9. County Manager’s Report- Brent Trout, County Manager
•May 2, 2022 Regular Meeting Agenda Review
•Review applications to serve on Boards and Committees
•Upcoming meetings and invitations
10.Closed Session
11.Adjourn
Angela McCauley, Harnett County Public Library Director, shared information with the Board of
Commissioners regarding the consolidation of library systems in Harnett County into a single
county-wide library system. A copy of a draft agreement has been provided the Commissioners
and the managers for the Town of Angier, Town of Coats, the City of Dunn and the Town of
Erwin. Funding of the municipal library’s operating budget is proposed to transition from the
municipality to the county over a period of three years. Vice Chairman Nicol asked if there are
any plans for the western part of the County. Ms. McCauley shared we have already started
plans for moving into the former Benhaven campus. We are renovating it to be a library similar
to what we have Boone Trail. Additional discussion included the budget and services provided.
John Rouse, Health Director, reviewed a request regarding the approval of Pandemic Recovery
Federal ARPA funding provided through NC DHHS in the amount of $206,562. These funds
will expand communicable disease surveillance, detection, control and prevention activities to
address COVID-19 and other communicable disease-related challenges impacted by the COVID-
19 pandemic. Consensus of the Board of Commissioners was to add this item to the next consent
agenda.
Mr. Rouse also shared information regarding a request for the approval of $1500 in Federal
funds provided by US DHHS thru Mid Carolina Agency on Aging. These funds are to be used to
increase virtual capacity among grantees. Consensus of the Board of Commissioners was to add
this item to the next consent agenda.
Larry Smith, Emergency Services Director, reviewed a request to zero balance 88 EMS billing
claims under the Federal HRSA COVID 19 Uninsured program. Our billing company EMS/MC,
contacted us in reference to the closure of the HRSA COVID-19 Uninsured program on March
22nd. As a result, we have 88 claims that were not paid through the portal, amounting in
$81,928.93. Per the COVID positive guidelines, EMS/MC has requested that these be adjusted to
a $0 balance, by applying the COVID contractual in their system. So, these will not show up as a
write-off. This program has been closed due to lack of federal funding. Future patient COVID
transports will follow our normal billing process. Consensus of the Board of Commissioners
was to add this item to the next consent agenda.
Coley Price, Assistant County Manager, reviewed a request to approve a contract with Bar
Construction in the amount of $1,717,000 for the Former Benhaven Parking Lot Project. The
HCBOC 051622a Pg. 43
Harnett County Board of Commissioners
Work Session Minutes
April 25, 2022
Page 3 of 3
Board awarded the bid to Bar Construction at the April 4, 2022 Board Meeting. Consensus of
the Board of Commissioners was to add this item to the next consent agenda.
Mr. Price also reviewed a request to upon the advice of the Jetport Committee, requests the
Board to award the proposal for the Jetport Fuel Supplier Agreement to Titan Aviation Fuels.
Following the opening of proposals on April 11, Titan Aviation Fuels was determined to be the
low bidder when factoring in an up-front $30,000 incentive, rental of a 3000 gallon Jet A truck
and a 1200 gallon Avgas truck at no charge to the County, complimentary uniforms,
complimentary fuel filters, and the lowest credit card processing fees of all proposals received.
Consensus of the Board of Commissioners was to add this item to the next consent agenda.
Mr. Trout reviewed the May 2, 2022 draft agenda, provided board and commission appointments
information and a list of upcoming meetings and invitations. He also shared the budget
presentation will be on the 16th.
Vice Chairman Nicol moved to adjourn the meeting at 9:35 am. Commissioner McKoy
seconded the motion that passed unanimously.
____________________________________ ___________________________________
Lewis W. Weatherspoon, Chairman Melissa D. Capps, Clerk
HCBOC 051622a Pg. 44
Harnett County Board of Commissioners
May 2, 2022 Regular Meeting Minutes
Page 1 of 3
HARNETT COUNTY BOARD OF COMMISSIONERS
Regular Meeting Minutes
May 2, 2022
The Harnett County Board of Commissioners met in regular session on Monday, May 2, 2022 at
9:00 am, in the Commissioners Meeting Room, Harnett County Resource Center and Library, 455
McKinney Parkway, Lillington, North Carolina.
Members present: Lewis W. Weatherspoon, Chairman
Matt B. Nicol, Vice Chairman
Mark B. Johnson, Commissioner
W. Brooks Matthews, Commissioner
Member absent: Barbara McKoy, Commissioner
Staff present: Brent Trout, County Manager
Dwight Snow, County Attorney
Kimberly Honeycutt, Finance Officer
Melissa Capps, Clerk
Chairman Weatherspoon called the meeting to order at 9:00 am. Commissioner Matthews led
the Pledge of Allegiance and provided the invocation.
Chairman Weatherspoon called for any additions or deletions to the published agenda.
Vice Chairman Nicol made a motion to approve the agenda as published. Commissioner Johnson
seconded the motion. The motion carried unanimously.
Commissioner Matthews made a motion to approve the consent agenda. Commissioner Johnson
seconded the motion. The motion passed unanimously. The items on the consent agenda were as
follows:
A.Budget Amendments (Attachment 1)
B.Harnett County Health Department requests approval of Pandemic Recovery Federal
ARPA funding provided through NC DHHS in the amount of $206,562. These funds
will expand communicable disease surveillance, detection, control and prevention
activities to address COVID-19 and other communicable disease-related challenges
impacted by the COVID-19 pandemic.
C.Harnett County Department on Aging requests approval of $1,500 in Federal funds
provided by the US DHHS through Mid-Carolina Agency on Aging. These funds are
to be used to increase virtual capacity among grantees.
D.Harnett County Emergency Services is seeking Board approval to zero balance 88 EMS
billing claims under the Federal HRSA COVID 19 Uninsured program. Our billing
company EMS/MC, contacted us in reference to the closure of the HRSA COVID-19
Uninsured program on March 22nd. As a result, we have 88 claims that were not paid
Item 4Aiii
HCBOC 051622a Pg. 45
Harnett County Board of Commissioners
May 2, 2022 Regular Meeting Minutes
Page 2 of 3
through the portal, amounting in $81,928.93. Per the COVID positive guidelines,
EMS/MC has requested that these be adjusted to a $0 balance, by applying the COVID
contractual in their system. So, these will not show up as a write-off. This program has
been closed due to lack of federal funding. Future patient COVID transports will follow
our normal billing process.
E.Administration requests the Board of Commissioners approve the contract with Bar
Construction for the Former Benhaven Parking Lot Project.
F.Administration, upon the advice of the Jetport Committee, requests the Board to award
the proposal for the Jetport Fuel Supplier Agreement to Titan Aviation Fuels.
Following the opening of proposals on April 11, Titan Aviation Fuels was determined
to be the low bidder when factoring in an up-front $30,000 incentive, rental of a 3000
gallon Jet A truck and a 1200 gallon Avgas truck at no charge to the County,
complimentary uniforms, complimentary fuel filters, and the lowest credit card
processing fees of all proposals received.
Vice Chairman Nicol made a motion to excuse Commissioner McKoy from the meeting. The
motion was seconded by Commissioner Johnson and carried unanimously.
Chairman Weatherspoon 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. Kelly Waite of 2724 Olivia Road, Sanford, NC.
2. Rowland Corbett of 316 Word Church Lane, Lillington, NC.
3. Jose R. Perez of 288 Word Church Lane, Lillington, NC.
4. Roni Kemp of 244 Chesley Lane, Lillington, NC.
5.Elizabeth Longman of 234 Hamilton Road, Bunnlevel, NC.
6. Alan Longman of 234 Hamilton Road, Bunnlevel, NC.
7. Angela Scarborough of Harnett County, NC.
8.Linda Sunderman of 25 Spruce Lane, Lillington, NC.
No one else spoke. The public comment period was closed.
Commissioner Johnson made a motion to appoint Rose Ferguson to the Harnett County Planning
Board, reappoint Anthony DiMarizo to the Harnett County Public Library Board of Trustees and
remove Patsy Taylor due to inactivity from the Harnett County Public Library Board of Trustees.
The motion was seconded by Vice Chairman Nicol. The motion carried unanimously.
Victoria Whitt, Chief Executive Officer, Sandhills, Center, presented the FY22/23 funding
request and provided a detailed update to the Board.
Buren Fulmer, Harnett County Ranger presented the NC Forest Service FY22/23 funding request
and provided a detailed update to the Board.
HCBOC 051622a Pg. 46
Harnett County Board of Commissioners
May 2, 2022 Regular Meeting Minutes
Page 3 of 3
Christian Lockamy, Economic Development Director, provided an update to the annual
workplan, which included organizational structure and marketing items and product
development.
Reid Williams, President of I-95/I-40 Crossroads of America, introduced Harold Keen, Board
Chairman for the I-95/I-40 Crossroads of America Alliance Board. Mr. Keen provided
information regarding the goals of the alliance. Mr. Keen also introduced Mayor Elmore from
the City of Dunn. Mayor Elmore thanked the Board of Commissioners for working together
with the City of Dunn.
Mr. Trout reviewed the County Manager’s Report. The Human Resources Director ad is out, we
also have other positions open, Harnett County is hiring.
Vice Chairman Nicol made a motion to adjourn at 10:15 am. The motion was seconded by
Commissioner Johnson and carried unanimously.
____________________________________ ___________________________________
Lewis W. Weatherspoon, Chairman Melissa D. Capps, Clerk
HCBOC 051622a Pg. 47
Attachment 1Item 4Aiii
HCBOC 051622a Pg. 48
HCBOC 051622a Pg. 49
HCBOC 051622a Pg. 50
HCBOC 051622a Pg. 51
HCBOC 051622a Pg. 52
HCBOC 051622a Pg. 53
HCBOC 051622a Pg. 54
HCBOC 051622a Pg. 55
HCBOC 051622a Pg. 56
HCBOC 051622a Pg. 57
HCBOC 051622a Pg. 58
HCBOC 051622a Pg. 59
HCBOC 051622a Pg. 60
HCBOC 051622a Pg. 61
HCBOC 051622a Pg. 62
HCBOC 051622a Pg. 63
HCBOC 051622a Pg. 64
HCBOC 051622a Pg. 65
HCBOC 051622a Pg. 66
HCBOC 051622a Pg. 67
HCBOC 051622a Pg. 68
HCBOC 051622a Pg. 69
HCBOC 051622a Pg. 70
HCBOC 051622a Pg. 71
HCBOC 051622a Pg. 72
HCBOC 051622a Pg. 73
HCBOC 051622a Pg. 74
HCBOC 051622a Pg. 75
HCBOC 051622a Pg. 76
HCBOC 051622a Pg. 77
HCBOC 051622a Pg. 78
HCBOC 051622a Pg. 79
HCBOC 051622a Pg. 80
HCBOC 051622a Pg. 81
HCBOC 051622a Pg. 82
HCBOC 051622a Pg. 83
HCBOC 051622a Pg. 84
HCBOC 051622a Pg. 85
HCBOC 051622a Pg. 86
HCBOC 051622a Pg. 87
Item 4B
HCBOC 051622a Pg. 88
HCBOC 051622a Pg. 89
HCBOC 051622a Pg. 90
HCBOC 051622a Pg. 91
HCBOC 051622a Pg. 92
HCBOC 051622a Pg. 93
HCBOC 051622a Pg. 94
HCBOC 051622a Pg. 95
HCBOC 051622a Pg. 96
HCBOC 051622a Pg. 97
HCBOC 051622a Pg. 98
HCBOC 051622a Pg. 99
HCBOC 051622a Pg. 100
HCBOC 051622a Pg. 101
HCBOC 051622a Pg. 102
HCBOC 051622a Pg. 103
HCBOC 051622a Pg. 104
HCBOC 051622a Pg. 105
HCBOC 051622a Pg. 106
HCBOC 051622a Pg. 107
HCBOC 051622a Pg. 108
HCBOC 051622a Pg. 109
HCBOC 051622a Pg. 110
HCBOC 051622a Pg. 111
HCBOC 051622a Pg. 112
HCBOC 051622a Pg. 113
HCBOC 051622a Pg. 114
HCBOC 051622a Pg. 115
HCBOC 051622a Pg. 116
HCBOC 051622a Pg. 117
Bill #Taxpayer Name Bill Date Operator ID
(Name)
Release
Date
Orig Bill
Amount($)
Release
Amount($)
Bill Amount
after
Release($)
RELEASE REASON: Adjustment
0002261259-2021-2021-0000-00-REG TEMPLE, KIMBERLY TRUSCOTT 7/28/2021 APRIL DIAZ 4/18/2022 46.55 46.55 0.00
0002261513-2020-2020-0000-00-REG SMITH, DANIEL W 11/18/2020 APRIL DIAZ 4/13/2022 9.38 9.38 0.00
0002261513-2021-2021-0000-00-REG SMITH, DANIEL W 7/28/2021 APRIL DIAZ 4/13/2022 9.38 9.38 0.00
0002261581-2021-2021-0000-00-REG RIEWESTAHL, DENNIS JAMES 7/28/2021 APRIL DIAZ 4/20/2022 5.41 5.41 0.00
0002261673-2019-2019-0000-00-REG BAER, TIMOTHY L 8/28/2019 APRIL DIAZ 4/25/2022 72.40 72.40 0.00
0002272629-2021-2021-0000-00-REG BROWN, MARCO MAURICE 7/28/2021 APRIL DIAZ 4/26/2022 168.64 168.64 0.00
0002279367-2021-2021-0000-00-REG DAWSON, DAVID GLENN 7/28/2021 APRIL DIAZ 4/7/2022 4.48 4.48 0.00
0002288124-2022-2021-0000-00-REG BURLEIGH, JESSE RICHARD 2/7/2022 TRACY CLARK 4/25/2022 18.63 18.63 0.00
0002288139-2022-2021-0000-01-REG PUTMAN, PHILLIP 4/6/2022 TRACY CLARK 4/6/2022 217.21 108.61 108.60
0002288139-2022-2021-0000-01-REG PUTMAN, PHILLIP 4/6/2022 TRACY CLARK 4/7/2022 108.60 108.60 0.00
Subtotal 552.08
RELEASE REASON: Duplication
0000006826-2021-2021-0000-00-REG BROWN, LEMUEL R 7/28/2021 KRISTY
TAYLOR
4/22/2022 75.68 48.62 27.06
Subtotal 48.62
Release Reason
ALL
4/1/2022
Default Sort-By:
Report Parameters:
Tax District:
Grouping:
Bill #,Taxpayer Name,Release Date,Billing Date,Operator ID, Release Amount
Data as of: 5/8/2022 8:46:10 PM
TR-304 Bill Release Report NCPTS V4Date run: 5/9/2022 4:15:52 PM
Release Date Start:Release Date End: 4/30/2022
PAGE 1 of 4
Item 4C
HCBOC 051622a Pg. 118
Bill #Taxpayer Name Bill Date Operator ID
(Name)
Release
Date
Orig Bill
Amount($)
Release
Amount($)
Bill Amount
after
Release($)
RELEASE REASON: Full rebate
0001264462-2019-2019-0000-00-REG WESTBROOK, NICHOLAS WAYNE 9/20/2019 MARGARET
WRIGHT
4/14/2022 23.11 23.11 0.00
0001264462-2020-2020-0000-00-REG WESTBROOK, NICHOLAS WAYNE 11/18/2020 MARGARET
WRIGHT
4/14/2022 23.11 23.11 0.00
0001264462-2021-2021-0000-00-REG WESTBROOK, NICHOLAS WAYNE 7/28/2021 MARGARET
WRIGHT
4/14/2022 23.66 23.66 0.00
Subtotal 69.88
RELEASE REASON: Military
0002278816-2021-2021-0000-00-REG RAMOS, AGUSTIN 7/28/2021 AMY GRIFFIN 4/28/2022 39.31 39.31 0.00
0002281709-2021-2021-0000-00-REG RAMOS, JACKELINE 7/28/2021 AMY GRIFFIN 4/28/2022 8.14 8.14 0.00
0002281709-2022-2021-0000-00-REG RAMOS, JACKELINE 2/17/2022 AMY GRIFFIN 4/28/2022 79.84 79.84 0.00
0002288139-2022-2021-0000-00-REG PUTMAN, PHILLIP 2/17/2022 TRACY CLARK 4/6/2022 217.21 217.21 0.00
0002288139-2022-2021-0000-02-REG PUTMAN, PHILLIP 4/6/2022 TRACY CLARK 4/7/2022 217.21 217.21 0.00
Subtotal 561.71
RELEASE REASON: Ownership change
0000024366-2021-2021-0000-00-REG HOCKADAY, TONY G 7/28/2021 MARGARET
WRIGHT
4/20/2022 22.00 22.00 0.00
0001288522-2020-2020-0000-00-REG MENDOZA, CANDERLARIA ALVAREZ 11/18/2020 MARGARET
WRIGHT
4/14/2022 23.38 23.38 0.00
0001288522-2021-2021-0000-00-REG MENDOZA, CANDERLARIA ALVAREZ 7/28/2021 MARGARET
WRIGHT
4/14/2022 23.66 23.66 0.00
0001376503-2021-2021-0000-00-REG JEFFRIES, KRISTOPHER RAY 7/28/2021 MARGARET
WRIGHT
4/20/2022 44.20 44.20 0.00
0001859129-2021-2021-0000-00-REG DENNIS, CLAYTON MARSHALL 7/28/2021 MARGARET
WRIGHT
4/12/2022 31.78 31.78 0.00
0002291062-2022-2021-0000-00-REG TEMPLE, RICKY LANE 4/4/2022 MARGARET
WRIGHT
4/4/2022 155.38 155.38 0.00
Subtotal 300.40
RELEASE REASON: SMALL UNDERPAYMENT
0000005614-2021-2021-0000-00-REG BOWDEN, DERIC C 7/28/2021 YVONNE
MCARTHUR
4/25/2022 1,260.64 0.31 1,260.33
PAGE 2 of 4
HCBOC 051622a Pg. 119
Bill #Taxpayer Name Bill Date Operator ID
(Name)
Release
Date
Orig Bill
Amount($)
Release
Amount($)
Bill Amount
after
Release($)
0000005648-2021-2021-0000-00-REG BOWDEN, JOSEPH T 7/28/2021 KIMBERLY
BAKER
4/5/2022 17.20 0.31 16.89
0000007999-2022-2021-0070-00-REG STEWART, SUSAN STEPHENSON 4/6/2022 KIMBERLY
BAKER
4/7/2022 239.53 0.02 239.51
0000009078-2022-2021-0070-00-REG CAMERON, WILLIAM S 4/7/2022 KIMBERLY
BAKER
4/11/2022 261.89 0.01 261.88
0000020343-2021-2021-0000-00-REG GOSS-HALLMAN FAMILY LIMITED
PARTNER,
7/28/2021 KIMBERLY
BAKER
4/6/2022 219.62 0.44 219.18
0000031766-2021-2021-0000-00-REG DUCKWORTH, JAMES T JR 7/28/2021 YVONNE
MCARTHUR
4/25/2022 228.99 0.03 228.96
0000044797-2021-2021-0000-00-REG REESE, SARAH ANN 7/28/2021 KIMBERLY
BAKER
4/4/2022 669.12 0.67 668.45
0000048380-2021-2021-0000-00-REG SLOAN, ANTHONY CURTIS 7/28/2021 KIMBERLY
BAKER
4/11/2022 1,010.80 0.72 1,010.08
0000055592-2022-2021-0070-00-REG PATTERSON AND SONS INC 4/29/2022 YVONNE
MCARTHUR
4/29/2022 38.46 0.01 38.45
0000059518-2021-2021-0000-00-REG JONES, KIMBERLY 7/28/2021 KIMBERLY
BAKER
4/5/2022 503.94 0.11 503.83
0001312748-2021-2021-0000-00-REG QUALITY AUTO CARE INC 7/28/2021 KIMBERLY
BAKER
4/11/2022 604.94 0.03 604.91
0001854282-2021-2021-0000-00-REG BYRD, JOHNATHAN WAYNE 7/28/2021 YVONNE
MCARTHUR
4/25/2022 37.28 0.27 37.01
0002247033-2021-2021-0000-00-REG DELL EQUIPMENT FUNDING LP 7/28/2021 KIMBERLY
BAKER
4/14/2022 33.36 0.25 33.11
0002256557-2021-2021-0000-00-REG SOLID FOUNDATIONS INC 7/28/2021 KIMBERLY
BAKER
4/5/2022 398.46 0.02 398.44
0002263829-2021-2021-0000-00-REG DINIZ, JOSEPH A 7/28/2021 KIMBERLY
BAKER
4/11/2022 1,603.80 0.07 1,603.73
0002263830-2021-2021-0000-00-REG DINIZ, JOSEPH A 7/28/2021 KIMBERLY
BAKER
4/11/2022 389.50 0.01 389.49
0002272141-2021-2021-0000-00-REG DILTS, CHARLES WILSON 7/28/2021 YVONNE
MCARTHUR
4/27/2022 29.88 0.44 29.44
0002278876-2021-2021-0000-01-REG BROADWELL, MICHAEL STEPHEN
JR
7/28/2021 IVR DPC 4/28/2022 26.20 0.39 25.81
0002283086-2021-2021-0000-00-REG SEARCY, RONALD CRAIG 7/30/2021 KIMBERLY
BAKER
4/14/2022 11.62 0.18 11.44
0002283203-2021-2021-0000-00-REG NIEVES, JOSE ALBERTO JR 7/30/2021 IVR DPC 4/8/2022 48.85 0.74 48.11
0002283684-2021-2021-0000-00-REG BROADWELL, MICHAEL STEPHEN
JR
7/30/2021 IVR DPC 4/28/2022 12.64 0.19 12.45
PAGE 3 of 4
HCBOC 051622a Pg. 120
Bill #Taxpayer Name Bill Date Operator ID
(Name)
Release
Date
Orig Bill
Amount($)
Release
Amount($)
Bill Amount
after
Release($)
0002285407-2021-2021-0000-00-REG VICTORIA HERNANDEZ, ANGEL 7/30/2021 KIMBERLY
BAKER
4/19/2022 217.52 0.15 217.37
0002286861-2021-2021-0000-00-REG NEAL, MARIA ELSA 7/30/2021 IVR DPC 4/9/2022 17.81 0.27 17.54
0002287894-2021-2021-0000-00-REG WHITMAN, GARRETT MICHAEL 7/30/2021 KIMBERLY
BAKER
4/11/2022 15.84 0.47 15.37
0002290509-2022-2018-0000-00-REG SEAWELL, CARLTON DEWEY SR 3/8/2022 KIMBERLY
BAKER
4/11/2022 32.26 0.26 32.00
Subtotal 6.37
Total 1,539.06
PAGE 4 of 4
HCBOC 051622a Pg. 121
Harnett County Board of Commissioners
A RESOLUTION TO CHANGE THE MEETING DATE OF THE
JUNE 14, 2022 WORK SESSION FOR THE
HARNETT COUNTY BOARD OF COMMISSIONERS
THAT WHEREAS, the Harnett County Board of Commissioners adopted on September 19, 1994 certain
Rules of Procedure by which the Board would conduct its meetings; and
WHEREAS, the Harnett County Board of Commissioners adopted the 2022 Schedule of Meetings on
December 6, 2021 establishing a Work Session on Tuesday, June 14, 2022 to be held in the Board of
Commissioners Meeting Room at the Harnett County Resource Center and Library, 455 McKinney Parkway,
Lillington, NC; and
WHEREAS, Rule 6 of the Rules of Procedure concerning “Regular and Special Meetings” states that the
Board may change the place or time of a particular meeting by resolution: that the Board has determined that it
would like to change the Work Session scheduled for Tuesday, June14, 2022 to Monday, June 13, 2022 to be held
in the Board of Commissioners Meeting Room at the Harnett County Resource Center and Library, 455
McKinney Parkway, Lillington, NC.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Harnett County that the
Tuesday, June 14, 2022 be changed to Monday, June 13, 2022 to be held in the Board of Commissioners Meeting
Room, Harnett County Resource Center and Library, 455 McKinney Parkway, Lillington, NC. This Resolution
shall be filed with the Clerk to the Board, posted at the regular meeting place and forwarded to all parties on the
County’s Sunshine List.
Adopted by the Harnett County Board of Commissioners in regular session, this 16th day of May 2022.
HARNETT COUNTY BOARD OF COMMISSIONERS
By: ___________________________________________
Lewis W. Weatherspoon, Chairman
Attest:
_____________________________________
Melissa Capps, Clerk
Item 4D
HCBOC 051622a Pg. 122
S:\Clerk to the Board docs\AGENDAS\2022\051622\4E.1 Campbell University Fireworks Approval Additional.docx
Page 1 of 1
Board Meeting
Agenda Item
MEETING DATE: May 16, 2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Campbell University Additional Show Fireworks Permit Approval
REQUESTED BY: Larry Smith, Emergency Services
REQUEST:
Emergency Services is requesting the approval of the fireworks application from Pyro Shows
East Coast for an additional shoot for the shows at Campbell University on May 20,2022 this
display is scheduled for 9:00p.m. Pyro Shows East Coast meets all requirements and has met
fire code compliance for the events, we recommend approval.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 4E
HCBOC 051622a Pg. 123
HCBOC 051622a Pg. 124
HCBOC 051622a Pg. 125
HCBOC 051622a Pg. 126
HCBOC 051622a Pg. 127
HCBOC 051622a Pg. 128
HCBOC 051622a Pg. 129
HCBOC 051622a Pg. 130
HCBOC 051622a Pg. 131
HCBOC 051622a Pg. 132
HCBOC 051622a Pg. 133
HCBOC 051622a Pg. 134
S:\Clerk to the Board docs\AGENDAS\2022\051622\4F.2.1 Anderson Creek Fireworks Approval.docx Page
1 of 1
Board Meeting
Agenda Item
MEETING DATE: May 16, 2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Fireworks Permit Approval Anderson Creek Club
REQUESTED BY: Larry Smith, Emergency Services
REQUEST:
Emergency Services is requesting the approval of the fireworks application from Pyro Shows
East Coast for a fireworks shoot at Anderson Creek Club on July 2, 2022 with a makeup date
of July 3,2022, this display is scheduled for 9:15p.m. Pyro Shows East Coast meets all
requirements and has met fire code compliance for the events, we recommend approval.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 4F
HCBOC 051622a Pg. 135
HCBOC 051622a Pg. 136
HCBOC 051622a Pg. 137
HCBOC 051622a Pg. 138
HCBOC 051622a Pg. 139
HCBOC 051622a Pg. 140
HCBOC 051622a Pg. 141
HCBOC 051622a Pg. 142
HCBOC 051622a Pg. 143
HCBOC 051622a Pg. 144
HCBOC 051622a Pg. 145
S:\Clerk to the Board docs\AGENDAS\2022\051622\4G.3.1 Town of Lillington Fireworks Permit.docx Page
1 of 1
Board Meeting
Agenda Item
MEETING DATE: May 16, 2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Town of Lillington Fireworks Permit Approval
REQUESTED BY: Larry Smith, Emergency Services
REQUEST:
Emergency Services is requesting the approval of the fireworks application from Pyro Shows
East Coast for a fireworks shoot for the Town of Lillington on July 4, 2022 with a makeup
date of July 5, 2022 this display is scheduled for 9:15p.m. Pyro Shows East Coast meets all
requirements and has met fire code compliance for the events, we recommend approval.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 4G
HCBOC 051622a Pg. 146
HCBOC 051622a Pg. 147
HCBOC 051622a Pg. 148
HCBOC 051622a Pg. 149
HCBOC 051622a Pg. 150
HCBOC 051622a Pg. 151
HCBOC 051622a Pg. 152
HCBOC 051622a Pg. 153
HCBOC 051622a Pg. 154
HCBOC 051622a Pg. 155
HCBOC 051622a Pg. 156
Board Meeting
Agenda Item
MEETING DATE: 5/16/22
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Request to Discuss Cooperative Extension Lock-In/Send-In
REQUESTED BY: Tim M�ounty Extension Director
REQUEST:
The NC Cooperative Extension, Harnett County Center request permission to discuss
changes in Hamett County Cooperative Extension MOU's Lock-In/Send-In
Procedures and approve moving to Lock-In Provision.
FINANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
C:\Uscrs\swilliams\Desktop\County forms\agendaform2022 (002).docx
I ofl Page
Item 4H
HCBOC 051622a Pg. 157
Modification of Existing Memorandum of Understanding
Change to Payroll Agreement for Harnett County
Lock-in vs. non Lock-in
Under a Lock-in agreement with NC Cooperative Extension, counties agree to fund salary adjustments, increases and bonuses so
that the funding percentages agreed upon in the lock-in agreement are maintained. Counties that are not locked-in to percentages
are free to apply county mandated salary adjustments, increases, or bonuses on the county portion of the employee’s salary.
CHECK ONE SELECTION BELOW
1.___x___ Change to Lock-In Provision
The above named county wishes to change its payroll agreement with North Carolina Cooperative Extension, effective 1 July 2022, to
Lock-In by Position Provision.
Lock-In by Position Provision (List each position title and its associated salary percentages.)
Position Title Salary Percentage County Salary Percentage NCSU/NC A&T SU
County Extension Director 50 50
4-H Youth Development 50 50
County Extension Administrative
Assisistant
50 50
Family & Consumer Science 66 34
Extension Agent - Agriculture 1 60 40
Extension Agent Agriculture 2 70 30
Community and Rural Development 50 50
Any position added to this county’s staff of Extension Personnel through mutual agreement between the County and NCSU/NC A&T SU subsequent to the effective
date of this modification will have its funding splits documented in correspondence between this County and NCSU/NC A&T SU, and will become part of this
Agreement.
2._____ Change from Lock-In Provision to non Lock-in (formerly known as send in)
The above named county wishes to change its payroll agreement with North Carolina Cooperative Extension, as initially approved on
________________________, to non Lock-in.
Signatures of the persons below authorize execution of this document, effective 1 July 2022, and continuing year-to-year, unless
otherwise terminated in writing by either party under notification to the other party no less than one-hundred twenty (120) days
prior to the desired termination date.
Chairperson or Designee – Board of County Commissioners
Signature: ______________________________________Date: _________________________
HCBOC 051622a Pg. 158
Director, North Carolina Cooperative Extension Service, NC State University or Designee
Signature: ______________________________________Date: _________________________
HCBOC 051622a Pg. 159
S:\Clerk to the Board docs\AGENDAS\2022\051622\4I.1 agendaform2022_NCP Restroom Building.docx Page
1 of 1
Board Meeting
Agenda Item
MEETING DATE: May 16, 2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Neill's Creek Park Concession/Restroom Facility Project Ordinance
REQUESTED BY: Parks and Recreation
REQUEST:
Parks and Recreation requests approval of the Project Ordrinance for the Neill's Creek Park
Restroom and Concession facility. The contract with the NC Office of State Budget &
Management related to the receipt of a $444,225 State Capital Infrastructure Directed Grant
was approved by the Board of Commissioners on April 18th.
Harnett County developed Neill's Creek Park behind Harnett Central over 40 years ago. The
park was expanded in 2018 to include the middle school's multipurpose field, baseball field,
and softball field. New tennis courts were also installed on the expanded parcel in 2019. The
use of these facilities has significantly grown over the past 4 years and the current restroom,
concessions, and storage facilities are inadequate for recreational and school activities. This
funding will allow for a new facility to will include concessions area, restrooms, and
equipment/maintenance supply storage.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 4I
HCBOC 051622a Pg. 160
Neills Creek Park
CAPITAL PROJECT ORDINANCE
BE IT ORDAINED by the Board of Commissioners of Harnett County, North Carolina, sitting as the
governing board for Harnett County.
Section 1. This project consists of design and construction of a new Concession Stand, Restroom, and
Storage Facility at Neills Creek Park, adjacent to Harnett Central Middle School.
Section 2. The following expenditures are hereby appropriated for this project:
Original
Ordinance
Engineering 109,225$
Construction 335,000
Capital Outlay -
Contingency -
Total 444,225$
Section 3. The following revenues are hereby appropriated for this project:
Original
Ordinance
SCIF State Grant 444,225$
Section 4. Copies of this capital project ordinance shall be furnished to the Clerk to the Board, the Budget
Officer and the Finance Officer for direction in carrying out this project.
Duly adopted this day of , 2022.
_________________________________
Lewis Weatherspoon, Chairman
Harnett County Board of Commissioners
ATTEST:
________________________________
Melissa Capps, Clerk to the Board
HCBOC 051622a Pg. 161
S:\Clerk to the Board docs\AGENDAS\2022\051622\4J.1 agendaform2022 revisions to conflict of interest.docx Page
1 of 1
Board Meeting
Agenda Item
MEETING DATE: May 16, 2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Revisions to the Conflict of Interest Policy
REQUESTED BY: Christopher Appel, Staff Attorney
REQUEST:
Legal requests the Board of Commissioners adopt the proposed revisions as outlined in the
attached document to the Conflict of Interest Policy.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 4J
HCBOC 051622a Pg. 162
1 | Conflict of Interest Policy v21.0
County of Harnett Conflict of Interest Policy Effective May 3, 2021 Updated May ___2022 Section I. Declaration of Policy The proper operation of democratic government requires that: 1) Elected and appointed officials, employees, and agents to be independent, impartial, and responsible to the people; 2) Governmental decisions and policy be made in proper channels of the government structure; 3) Public office is not to be used for personal gain; and 4) The public have confidence in the integrity of its government. In recognition of these goals, this Conflict of Interest Policy is hereby adopted. The purpose is to establish guidelines for ethical standards of conduct for all such public elected and appointed officials, employees, and agents by setting forth those acts that are incompatible with the best interests of Harnett County. Section II. Coverage All elected officials, appointed officials, employees, and agents shall be subject to and shall abide by this policy. Section III. Definitions The following words, terms, and phrases, when used in this policy, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Agent - All persons who are not County officials or employees that are authorized by the County to act for or in place of the County in the conduct, management, or administration of a particular project, contract(s) or endeavor.
HCBOC 051622a Pg. 163
2 | Conflict of Interest Policy v21.0
Appointed Official – All persons appointed to any County board or commission. Business Entity - Any business, proprietorship, firm, partnership, person in representative or fiduciary capacity, association, venture, trust, or corporation which is organized for financial gain or for profit. Covered Individual – An elected official, appointed official, employee, or agent of the County. Covered Nonprofit Organization – A nonprofit corporation, organization, or association, incorporated or otherwise, that is organized or operating in the State of North Carolina primarily for religious, charitable, scientific, literary, public health and safety, or educational purposes, excluding any board, entity, or other organization created by the State of North Carolina or the County. Direct Benefit – (i) having a ten percent (10%) ownership interest or other interest in a contract or Subaward; (ii) deriving any income or commission directly from a contract or Subaward; or (iii) acquiring property under a contract or Subaward. Elected Official - The members of the Harnett County Board of Commissioners, the Sheriff, and the Register of Deeds. Employee - All full-time and part-time persons employed by the County, including contracted and appointed positions. Federal Financial Assistance - Federal financial assistance that the County receives or administers in the form of grants, cooperative agreements, non-cash contributions or donations of property (including donated surplus property), direct appropriations, food commodities, and other Federal financial assistance (except that the term does not include loans, loan guarantees, interest subsidies, or insurance). Immediate Family -– A. Applicable to contracts, subawards, grants, and other transactions under North Carolina Law: The spouse and all children of the County official, employee, or agentCovered Individual. B. Applicable to Federal contracts, subawards, and grants: (i) a spouse, and parents thereof, (ii) a child, and parent thereof, (iii) a parent, and spouse thereof, (iv) a sibling, and spouse thereof, (v) a grandparent and grandchild, and spouses thereof, (vi) domestic partners and parents thereof, including domestic partners of any individual in (ii) through (v) of this definition; and (vii) any individual related by blood or affinity whose close association with the Covered Individual is the equivalent of a family relationship
Formatted: Indent: Left: 0"
Formatted: Font: Not Italic
Formatted: Font: Bold
Formatted: List Paragraph, Numbered + Level: 1 +
Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left +
Aligned at: 1" + Indent at: 1.25"
Formatted: Font: Segoe UI Symbol
Formatted: Font: Segoe UI Symbol
Formatted: Font: Bold
Formatted: Font: Segoe UI Symbol
HCBOC 051622a Pg. 164
3 | Conflict of Interest Policy v21.0
Interest – Direct or indirect pecuniary or material benefit accruing to an elected official, employee, or agentCovered Individual as a result of a contract, Subaward, or transaction which is or may be the subject of an official act or action by or with the County. For the purpose of this article, an elected or appointed official, employee, or agenta Covered Individual shall be deemed to have an interest in the affairs of: (1) For State contracts, Subawards, grants and other transactions: Any person in his/her Iimmediate Ffamily; (1) For Federal contracts, Subawards, grants, or transactions: a Related Party;, as such term is defined in this section; (2) Any business entity in which he/she is an officer or director; (3) Any business entity in which in excess of five ten percent (10%) of the stock of, or legal or beneficial ownership of, is controlled or owned directly or indirectly by them; or (4) Any A Covered Nnonprofit Oorganization on which they currently serve as an officer, director, or board member.
(4) Official Act or Action – Any legislative, administrative, appointive, or discretionary act of any elected or appointed official, employee, or agenta Covered Individual. Pass-Through Entity – A non-Federal entity that provides a Subaward to a Subrecipient to carry out part of a Federal program Related Party – (i) an Immediate Family Member of a Covered Individual, (ii) a partner of a Covered Individual, or (iii) a current or potential employer (other than the County) of a Covered Individual, of a partner of a Covered Individual, or of an Immediate Family Member of a Covered Individual. Subaward – An award provided by a Pass-Through Entity to carry out part of a Federal award received by the Pass-Through Entity. This does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. Subrecipient - An entity that receives a Subaward from a pass-through entity to carry out part of a Federal award; but does not include an individual that is a beneficiary of such award. A Subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. Section IV. Policy A. Interest in Contract or, Agreement, or Subaward No elected or appointed official, employee, or agentCovered Individual shall have or thereafter acquire an interest in any contract, or agreement, or Subaward with the County. Additionally, no elected or appointed official, employee, or agentCovered Individual shall
Formatted: Indent: Left: 1.25", No bullets or numbering
Formatted: Font: Segoe UI Symbol
Formatted: Normal, No bullets or numbering
Formatted: Font: Not Italic
HCBOC 051622a Pg. 165
4 | Conflict of Interest Policy v21.0
participate directly or indirectly in the selection, award, or administration of a contract or, agreement, or Subaward if he/she has a real or apparent conflict of interest. a) Real Conflict of Interest- A. For State contracts, agreements, or Subaward: A real conflict of interest shall exist when a Covered Individual or Immediate Family Member has a financial or other interest in or tangible personal benefit from a firm considered for a contract, agreement, or Subward. B. For Federal contracts, agreements, or Subawards: A real conflict of Interest shall exist when a Covered Individual or Related Party has a financial or other interest in or tangible personal benefit from a firm considered for a contract, agreement, or Subaward. b) Apparent Conflict of Interest – A. For state contracts, agreements, or Subawards: An apparent conflict of interest shall exist where a real conflict of interest may not exist, but where a reasonable person with knowledge of the relevant facts would find that an existing situation or relationship creates the appearance that there a Covered Individual or Immediate Family member has a financial or other interest in or a tangible personal benefit from a firm considered for a contract, agreement, or Subaward. B. For Federal contracts, agreements, or Subawards: An apparent conflict of interest shall exist where a real conflict of interest may not exist, but where a reasonable person with knowledge of the relevant facts would find that an existing situation or relationship creates the appearance that there a Covered Individual or any Related Party has a financial or other interest in or a tangible personal benefit from a firm considered for a contract, agreement, or Subaward. B. Use of Official Position No elected or appointed official, employee, or agentCovered Individual shall use his/her official position or the County’s facilities for his/her private gain, nor shall he/she appear before or represent any private person, group, or interest before any department, agency, commission, or board of the County except in matters of purely civic or public concern. This subsection is not intended to prohibit speaking before neighborhood groups and other nonprofit organizations. No elected or appointed official, employee, or agentCovered Individual shall participate in the selection or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the elected or appointed official, employee, or agentCovered Individual, a member of his/her immediate family, his/her partner, or an organization which employs, or is about to employ, any of the above individuals, as a financial or other interest in the firm selected for award. C. Disclosure of Information
Formatted: List Paragraph, Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left +
Aligned at: 0.75" + Indent at: 1"
Formatted: List Paragraph, Numbered + Level: 2 +
Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left +
Aligned at: 1.25" + Indent at: 1.5"
Formatted: List Paragraph, Indent: Left: 1"
Formatted: List Paragraph, Numbered + Level: 1 +
Numbering Style: a, b, c, … + Start at: 1 + Alignment: Left +
Aligned at: 0.75" + Indent at: 1"
Formatted: List Paragraph, Numbered + Level: 2 +
Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left +
Aligned at: 1.25" + Indent at: 1.5"
Formatted: Font: Segoe UI Symbol
HCBOC 051622a Pg. 166
5 | Conflict of Interest Policy v21.0
No elected or appointed official, employee, or agentCovered Individual shall use or disclose confidential information gained in the course of or by reason of his/her official position for purposes of advancing: 1) His/her financial or personal interest; 2) A business entity of which he/she is an owner in part or in whole, an officer, or director; or 3) The financial or personal interest of a member of his/her immediate family or that of any other person. D. Incompatible Service No elected or appointed official, employee, or agentCovered Individual shall engage in or accept private employment or render service for private interest, when such employment or service is incompatible with the proper discharge of his/her official duties or would tend to impair his/her independence of judgment or action in the performance of his/her official duties, nor shall any elected or appointed official, employee, or agentCovered Individual serve on any County board except where expressly required by statute and provided disclosure is made as provided in this article. E. Gifts No elected or appointed official, employee, or agentCovered Individual shall directly or indirectly solicit, accept, or receive any gift, favor, reward, service, or promise of award or accept or receive any gift, whether in the form of money, cash equivalents (instruments readily convertible into cash such as money, orders, and checks), gift cards, gift certificates, pre-paid credit cards, services, loans, travel, entertainment, hospitality, or things or promises, including a promise of future employment, under circumstances in which it could reasonably be inferred that the gift, favor, reward, service, or promise of award was intended to influence him/her, or could reasonably be expected to influence him/her, in the performance of his/her official duties, or was intended as a reward for any official action on his/her part. Legitimate political contributions, advertising items or souvenirs of nominal value, honoraria for participating in meetings, and meals at banquets shall not be considered as gifts, favors, or rewards under this policy. F. Special Treatment No elected or appointed official, agent, or employeeCovered Individual shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen.
HCBOC 051622a Pg. 167
6 | Conflict of Interest Policy v21.0
G. Disclosure of Interest in Official Act or Action Any member of the Harnett County Board of Commissioners or member of an appointed board or commission who has an interest in any official act or action before the Board of Commissioners or an appointed board or commission shall publicly disclose on the record the nature and extent of such interest and shall not vote on the matter if excused by the Board of Commissioners or appointed board or commission. The question of the compensation and allowance of members of the Board of Commissioners is not a matter involving a member’s own financial interest or official conduct. However, a member of the Board of Commissioners or a member of an appointed board of commission shall not participate or vote regardless of whether the member is excused in the following circumstances: 1. If the matter involves a legislative land use matter (such as a rezoning or text amendment) where the outcome of the matter is reasonably likely to have a direct, substantial, and readily personal financial impact; 2. If the matter involves a quasi-judicial function (such as the issuance of a special use permit or an appeal of a personnel decision) and the member has a financial interest in the outcome; 3. If the matter involves a contract from which the member derives a direct benefit. H. Oversight of Subrecipient’s Conflict of Interest Standards Prior to the County’s execution of any Subaward for which the County serves as a Pass-Through Entity, the employee(s) responsible for the management of the Subaward shall ensure that the proposed Subrecipient of Federal Financial Assistance has adopted a conflict of interest policy that satisfies the requirements of 2 C.F.R. § 200.318(c), 2 C.F.R. § 200.318(c)(2), and all other applicable federal regulations. Any contract or agreement with the Subrecipient shall require the Subrecipient to disclose any real or apparent conflicts of interest to the County, which shall then be reported to the Federal awarding agency that funded the Subaward in accordance with that agency’s disclosure policy. H.I. Reporting Violations The County requests and strongly urges employees to report any violations or possible or perceived violations of this policy to their Department Head, Human Resources, or the County Manager’s office. The County shall not discharge, demote, or otherwise discriminate against any employee in reprisal for disclosing information that an employee reasonably believes is evidence of any violations or possible or perceived violations of this policy. I.J. Discipline for Violations The County will investigate and respond to all reports of violations or perceived violations of this policy. Violation of this policy may result in disciplinary action, up to and including termination, removal from an appointed board or commission, or a motion or resolution of
Formatted: Font: Segoe UI Symbol
Formatted: Indent: Left: 0.25", No bullets or numbering
HCBOC 051622a Pg. 168
7 | Conflict of Interest Policy v21.0
censure. The County shall terminate any contract or agreement with any subcontractor found to be in violation of this policy.
Formatted: Font: Segoe UI Symbol
Formatted: List Paragraph
HCBOC 051622a Pg. 169
1 | Conflict of Interest Policy v2.0
County of Harnett Conflict of Interest Policy Effective May 3, 2021 Updated May 16, 2022 Section I. Declaration of Policy The proper operation of democratic government requires that: 1) Elected and appointed officials, employees, and agents to be independent, impartial, and responsible to the people; 2) Governmental decisions and policy be made in proper channels of the government structure; 3) Public office is not to be used for personal gain; and 4) The public have confidence in the integrity of its government. In recognition of these goals, this Conflict of Interest Policy is hereby adopted. The purpose is to establish guidelines for ethical standards of conduct for all such public elected and appointed officials, employees, and agents by setting forth those acts that are incompatible with the best interests of Harnett County. Section II. Coverage All elected officials, appointed officials, employees, and agents shall be subject to and shall abide by this policy. Section III. Definitions The following words, terms, and phrases, when used in this policy, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Agent - All persons who are not County officials or employees that are authorized by the County to act for or in place of the County in the conduct, management, or administration of a particular project, contract(s) or endeavor.
HCBOC 051622a Pg. 170
2 | Conflict of Interest Policy v2.0
Appointed Official – All persons appointed to any County board or commission. Business Entity - Any business, proprietorship, firm, partnership, person in representative or fiduciary capacity, association, venture, trust, or corporation which is organized for financial gain or for profit. Covered Individual – An elected official, appointed official, employee, or agent of the County. Covered Nonprofit Organization – A nonprofit corporation, organization, or association, incorporated or otherwise, that is organized or operating in the State of North Carolina primarily for religious, charitable, scientific, literary, public health and safety, or educational purposes, excluding any board, entity, or other organization created by the State of North Carolina or the County. Direct Benefit – (i) having a ten percent (10%) ownership interest or other interest in a contract or Subaward; (ii) deriving any income or commission directly from a contract or Subaward; or (iii) acquiring property under a contract or Subaward. Elected Official - The members of the Harnett County Board of Commissioners, the Sheriff, and the Register of Deeds. Employee - All full-time and part-time persons employed by the County, including contracted and appointed positions. Federal Financial Assistance - Federal financial assistance that the County receives or administers in the form of grants, cooperative agreements, non-cash contributions or donations of property (including donated surplus property), direct appropriations, food commodities, and other Federal financial assistance (except that the term does not include loans, loan guarantees, interest subsidies, or insurance). Immediate Family – A. Applicable to contracts, subawards, grants, and other transactions under North Carolina Law: The spouse and all children of the Covered Individual. B. Applicable to Federal contracts, subawards, and grants: (i) a spouse, and parents thereof, (ii) a child, and parent thereof, (iii) a parent, and spouse thereof, (iv) a sibling, and spouse thereof, (v) a grandparent and grandchild, and spouses thereof, (vi) domestic partners and parents thereof, including domestic partners of any individual in (ii) through (v) of this definition; and (vii) any individual related by blood or affinity whose close association with the Covered Individual is the equivalent of a family relationship Interest – Direct or indirect pecuniary or material benefit accruing to Covered Individual as a result of a contract, Subaward, or transaction which is or may be the subject of an
HCBOC 051622a Pg. 171
3 | Conflict of Interest Policy v2.0
official act or action by or with the County. For the purpose of this article, a Covered Individual shall be deemed to have an interest in the affairs of: (1) For State contracts, Subawards, grants and other transactions: Any person in his/her Immediate Family; For Federal contracts, Subawards, grants, or transactions: a Related Party; (2) Any business entity in which he/she is an officer or director; (3) Any business entity in which in excess of ten percent (10%)of the stock of, or legal or beneficial ownership of, is controlled or owned directly or indirectly by them; or (4) A Covered Nonprofit Organization on which they currently serve as an officer, director, or board member. Official Act or Action – Any legislative, administrative, appointive, or discretionary act of a Covered Individual. Pass-Through Entity – A non-Federal entity that provides a Subaward to a Subrecipient to carry out part of a Federal program Related Party – (i) an Immediate Family Member of a Covered Individual, (ii) a partner of a Covered Individual, or (iii) a current or potential employer (other than the County) of a Covered Individual, of a partner of a Covered Individual, or of an Immediate Family Member of a Covered Individual. Subaward – An award provided by a Pass-Through Entity to carry out part of a Federal award received by the Pass-Through Entity. This does not include payments to a contractor or payments to an individual that is a beneficiary of a Federal program. Subrecipient - An entity that receives a Subaward from a pass-through entity to carry out part of a Federal award; but does not include an individual that is a beneficiary of such award. A Subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. Section IV. Policy A. Interest in Contract, Agreement, or Subaward No Covered Individual shall have or thereafter acquire an interest in any contract, agreement, or Subaward with the County. Additionally, no Covered Individual shall participate directly or indirectly in the selection, award, or administration of a contract, agreement, or Subaward if he/she has a real or apparent conflict of interest. a) Real Conflict of Interest- A. For State contracts, agreements, or Subaward: A real conflict of interest shall exist when a Covered Individual or Immediate Family Member has a
HCBOC 051622a Pg. 172
4 | Conflict of Interest Policy v2.0
financial or other interest in or tangible personal benefit from a firm considered for a contract, agreement, or Subward. B. For Federal contracts, agreements, or Subawards: A real conflict of Interest shall exist when a Covered Individual or Related Party has a financial or other interest in or tangible personal benefit from a firm considered for a contract, agreement, or Subaward. b) Apparent Conflict of Interest – A. For state contracts, agreements, or Subawards: An apparent conflict of interest shall exist where a real conflict of interest may not exist, but where a reasonable person with knowledge of the relevant facts would find that an existing situation or relationship creates the appearance that there a Covered Individual or Immediate Family member has a financial or other interest in or a tangible personal benefit from a firm considered for a contract, agreement, or Subaward. B. For Federal contracts, agreements, or Subawards: An apparent conflict of interest shall exist where a real conflict of interest may not exist, but where a reasonable person with knowledge of the relevant facts would find that an existing situation or relationship creates the appearance that there a Covered Individual or any Related Party has a financial or other interest in or a tangible personal benefit from a firm considered for a contract, agreement, or Subaward. B. Use of Official Position No Covered Individual shall use his/her official position or the County’s facilities for his/her private gain, nor shall he/she appear before or represent any private person, group, or interest before any department, agency, commission, or board of the County except in matters of purely civic or public concern. This subsection is not intended to prohibit speaking before neighborhood groups and other nonprofit organizations. No Covered Individual shall participate in the selection or in the award or administration of a contract if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the Covered Individual, a member of his/her immediate family, his/her partner, or an organization which employs, or is about to employ, any of the above individuals, as a financial or other interest in the firm selected for award. C. Disclosure of Information No Covered Individual shall use or disclose confidential information gained in the course of or by reason of his/her official position for purposes of advancing: 1) His/her financial or personal interest; 2) A business entity of which he/she is an owner in part or in whole, an officer, or director; or
HCBOC 051622a Pg. 173
5 | Conflict of Interest Policy v2.0
3) The financial or personal interest of a member of his/her immediate family or that of any other person. D. Incompatible Service No Covered Individual shall engage in or accept private employment or render service for private interest, when such employment or service is incompatible with the proper discharge of his/her official duties or would tend to impair his/her independence of judgment or action in the performance of his/her official duties, nor shall any Covered Individual serve on any County board except where expressly required by statute and provided disclosure is made as provided in this article. E. Gifts No Covered Individual shall directly or indirectly solicit, accept, or receive any gift, favor, reward, service, or promise of award whether in the form of money, cash equivalents (instruments readily convertible into cash such as money, orders, and checks), gift cards, gift certificates, pre-paid credit cards, services, loans, travel, entertainment, hospitality, or things or promises, including a promise of future employment, under circumstances in which it could reasonably be inferred that the gift, favor, reward, service, or promise of award was intended to influence him/her, or could reasonably be expected to influence him/her, in the performance of his/her official duties, or was intended as a reward for any official action on his/her part. Legitimate political contributions, advertising items or souvenirs of nominal value, honoraria for participating in meetings, and meals at banquets shall not be considered as gifts, favors, or rewards under this policy. F. Special Treatment No Covered Individual shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen. G. Disclosure of Interest in Official Act or Action Any member of the Harnett County Board of Commissioners or member of an appointed board or commission who has an interest in any official act or action before the Board of Commissioners or an appointed board or commission shall publicly disclose on the record the nature and extent of such interest and shall not vote on the matter if excused by the Board of Commissioners or appointed board or commission. The question of the compensation and allowance of members of the Board of Commissioners is not a matter involving a member’s own financial interest or official conduct. However, a member of the Board of Commissioners or a member of an appointed board of commission shall not participate or vote regardless of whether the member is excused in the following circumstances:
HCBOC 051622a Pg. 174
6 | Conflict of Interest Policy v2.0
1. If the matter involves a legislative land use matter (such as a rezoning or text amendment) where the outcome of the matter is reasonably likely to have a direct, substantial, and readily personal financial impact; 2. If the matter involves a quasi-judicial function (such as the issuance of a special use permit or an appeal of a personnel decision) and the member has a financial interest in the outcome; 3. If the matter involves a contract from which the member derives a direct benefit. H. Oversight of Subrecipient’s Conflict of Interest Standards Prior to the County’s execution of any Subaward for which the County serves as a Pass-Through Entity, the employee(s) responsible for the management of the Subaward shall ensure that the proposed Subrecipient of Federal Financial Assistance has adopted a conflict of interest policy that satisfies the requirements of 2 C.F.R. § 200.318(c), 2 C.F.R. § 200.318(c)(2), and all other applicable federal regulations. Any contract or agreement with the Subrecipient shall require the Subrecipient to disclose any real or apparent conflicts of interest to the County, which shall then be reported to the Federal awarding agency that funded the Subaward in accordance with that agency’s disclosure policy. I. Reporting Violations The County requests and strongly urges employees to report any violations or possible or perceived violations of this policy to their Department Head, Human Resources, or the County Manager’s office. The County shall not discharge, demote, or otherwise discriminate against any employee in reprisal for disclosing information that an employee reasonably believes is evidence of any violations or possible or perceived violations of this policy. J. Discipline for Violations The County will investigate and respond to all reports of violations or perceived violations of this policy. Violation of this policy may result in disciplinary action, up to and including termination, removal from an appointed board or commission, or a motion or resolution of censure. The County shall terminate any contract or agreement with any subcontractor found to be in violation of this policy.
HCBOC 051622a Pg. 175
Page 1 of 6
MAGNOLIA SCHOOL PROPERTY
MEMORANDUM OF UNDERSTANDING (MOU)
This Memorandum of Understanding (“MOU”) effective ________________ is made and entered
into by and between Harnett County (“County”) and the City of Dunn (“City”).
WITNESSETH:
WHEREAS, the County is the owner of certain real property located within the City of
Dunn, North Carolina, having a general address of 600 S. Magnolia Ave., being Harnett County
Parcel Identification No. 1516-55-8158.000, containing 2.060 acres, more or less, being the same
property described in Book 840, Pages 813-814 of the Harnett County Registry (the “Property”);
and
WHEREAS, the County has, since 1988, leased the property to the Dunn Area Committee
of 100, Inc. f/k/a Dunn Area Committee of 200, Inc. (“Committee of 100”), which has, among
other things, operated a business incubator creating approximately 5,000 jobs for the citizens of
Harnett and surrounding counties, together with ancillary uses to include instruction provided by
Central Carolina Community College (“CCCC”) Board; and
WHEREAS, the City, in conjunction with the Town of Four Oaks, assisted in the
formation of the I-95/I-40 Crossroads of America Economic Development Alliance, Inc., a North
Carolina non-profit corporation (the “Alliance”), to encourage and promote economic
development, including job creation, along the I-95 corridor to include the entire City of Dunn and
portions of Harnett County located between the City of Dunn and Town of Four Oaks; and
WHEREAS, the Alliance, working in conjunction with the City and others, is seeking
funding from the North Carolina General Assembly, for a substantial renovation of the Property,
upon the completion of which, the Property will be the corporate headquarters for the Alliance,
with portions of the Property to be leased to the Committee of 100 for its offices and for continued
operation of a business incubator and other portions leased to CCCC for classroom instruction and
other operations of CCCC; and
WHEREAS, City has requested and the County has agreed to transfer title to the Property,
upon the Alliance securing the necessary funding for the renovation of the Property, as hereinafter
set forth, and it is in the best interest of the City and County and the citizens of Harnett County to
approve such transfer according to the terms of this MOU.
NOW, THEREFORE, pursuant to the provisions of N.C. General Statutes § 160A-274
and in consideration of the promises and covenants of the parties herein contained, and other good
and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the
County and City agree as follows:
Item 4K
HCBOC 051622a Pg. 176
Page 2 of 6
Article I
Purpose and Objective
The purpose and objective of this MOU is to set forth the terms and conditions for the
transfer of fee simple title to the Property from the County to the City and to establish the
expectations for the renovation of the Property and the future transfer of fee simple title by the
City to the Alliance, or other non-profit entities organized for the same or similar purposes as the
Alliance or Committee of 100.
Article II
Funding for Renovation of the Property – Transfer of Title by County to City
The Alliance shall seek the necessary funding for the Renovations (hereinafter defined)
from the North Carolina General Assembly or other sources and the receipt of any such
appropriation or grant (the “Funding”). Upon confirmation by the Alliance to the City of the
Funding, the City shall provide written confirmation of the same to the County. Upon receipt by
the County of the Funding confirmation from the City, the County agrees to execute and deliver a
general warranty deed for the Property to transfer fee simple title for the Property to the City,
according to the terms of this MOU. Unless or until the City provides written confirmation of
Funding to the County, neither party shall have any obligation to the other.
Article III
Transfer of Title to Property by City
Upon receipt of fee simple title to the Property from the County by the City, the City shall
be authorized to transfer title to the Property to the Alliance, the Committee of 100 or any other
non-profit entity organized under Section 501(c)(3) of the Internal Revenue Code of 1986 (or the
corresponding provisions of any future United States Internal Revenue Code) to operate the
Property, following completion of the Renovations as hereinafter set forth. The City, at its
discretion, may also retain title to the Property or receive a reconveyance of the Property to it in
the future and the City may include covenants or restrictions on any transfer of the Property by it.
If, during the seven (7) year period following the completion of the Renovations, beginning
on the date when a certificate of occupancy has been issued by the applicable jurisdiction after the
Renovations (the “Occupancy Date”), the City or any of its successors in title transfers title to the
Property to any person or entity that is not a non-profit entity as set forth in the preceding
paragraph, the City agrees to pay the County $700,000.00, as the such amount may be reduced
according to the terms of this Article III.
During each year after the Occupancy Date, the amount to be paid by the City to the County
shall be reduced by $100,000.00. By way of example only, if the City or any of its successors in
title transfers title to any person or entity that is not a non-profit entity three (3) years following
the Occupancy Date, the City would owe the County $400,000.00.
HCBOC 051622a Pg. 177
Page 3 of 6
Seven (7) years after the Occupancy Date, if the City or any of its successors in title has
not transferred title to any person or entity that is not a non-profit entity any obligation for any
payment by the City to the County shall terminate and this MOU shall terminate and neither party
shall have any further obligation of any kind to the other. Under no circumstance shall the City be
responsible for any payment to the County as long as title to the Property is held by the City or a
non-profit entity.
Article IV
Renovations to the Property
After securing and receiving the Funding and receipt of a transfer of title for the Property
from the City, the Alliance will complete the following (the “Renovations”): (i) installation of
central heat and air-conditioning; (ii) ADA accessibility access to the entire facility located on the
Property, including an elevator; (iii) upgrading of plumbing and electrical service; and (iv)
upgrades to the interior lighting and wall finishes; and (v) paving the parking lot.
Article V
Operations of Property Following Renovations
Upon completion of the Renovations by the Alliance, the Alliance will enter into a lease
agreement for a portion of the Property with the Committee of 100 to continue its business
incubator operations and a lease with CCCC for other portions of the Property for educational
purposes. The Alliance will also locate its non-profit corporate headquarters on the Property.
Article VI
Term and Termination of MOU
The term of this MOU shall begin upon adoption by the parties, provided that neither party
shall have any obligation to the other regarding the transfer or receipt of title to the Property until
the City has confirmed in writing the Funding to the County. The MOU shall continue for a period
of seven (7) years after the Occupancy Date, at which time it shall automatically terminate.
Article VII
Notice
Any notice, consent, or other communication in connection with this MOU shall be in
writing and may be delivered in person, by mail, or by facsimile transmission (provided sender
confirms 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 business days after being deposited in the United States Postal Service by certified
mail, return receipt requested, addressed appropriately to the addresses set forth below:
To County:
Harnett County
Attention: County Manager
Post Office Box 759
Lillington, North Carolina 27546
HCBOC 051622a Pg. 178
Page 4 of 6
With a copy to:
County Attorney Dwight Snow
Post Office Box 397
Dunn, North Carolina 28335
To City
City of Dunn
Attn: City Manager
Post Office Box 1065
Dunn, North Carolina 28335
With copy to:
P.Tilghman Pope
Pope Law Group, P.A.
Post Office Box 928
Dunn, North Carolina 28335
Article VIII
Miscellaneous Provisions
1.Preambles. The preambles to this MOU are incorporated herein by reference.
2.Relationship of Parties. The County and City shall be independent contractors, and nothing
herein shall be construed as creating a partnership or joint venture or any other legal
relationship.
3.Governing Law. This MOU shall be governed by the laws of the State of North Carolina.
4.Amendments and Modifications; Additional Policies and Procedures. This MOU may be
modified or amended by mutual consent of the parties as long as the amendment is executed
in the same fashion as this MOU.
5.Entire Agreement. This MOU constitutes the entire agreement between the parties and
supersedes all prior agreements and understandings, whether written or oral, relating to the
subject matter of this MOU.
6.Severability. In the event that any provision of this MOU shall be invalid, illegal, or
otherwise unenforceable, the validity, legality, and enforceability of the remaining
provisions shall in no way be affected or impaired thereby.
HCBOC 051622a Pg. 179
Page 5 of 6
7.Counterparts. This MOU may be executed in one or more counterparts, each of which
shall be deemed an original, but all of which taken together constitute one and the same
instrument.
Remainder of Page Left Blank Intentionally
Signature Page to Follow
HCBOC 051622a Pg. 180
Page 6 of 6
IN WITNESS WHEREOF, the parties hereto caused the MOU to be executed on their
behalves.
HARNETT COUNTY
_____________________________________
Lewis Weatherspoon, Chairman of Board of Commissioners
ATTEST:
___________________________
Melissa Capps, Clerk to Board of Commissioners
CITY OF DUNN
____________________________________
William P. Elmore, Jr., Mayor
City of Dunn
ATTEST:
__________________________________
Tammy Williams, City Clerk
HCBOC 051622a Pg. 181
Item 6
HCBOC 051622a Pg. 182
HCBOC 051622a Pg. 183
HCBOC 051622a Pg. 184
14957144v1 24227.00019 ROBINSON, BRADSHAW & HINSON, P.A. : robinsonbradshaw.com
Charlotte Office : 101 N. Tryon St., Ste. 1900, Charlotte, NC 28246 : 704.377.2536
Memorandum
VIA E -MAIL
TO: Brent Trout, County Manager, Harnett County
FROM: Charles H. Bowyer
DATE: May 9, 2022
RE: TEFRA Hearing and Approval and Approval of the Financing of the 2022
Projects in Harnett County, North Carolina for Cumberland County Hospital
System, Inc. d/b/a Cape Fear Valley Health System and Harnett Health
System, Inc.
Cumberland County Hospital System, Inc. d/b/a Cape Fear Valley Health System (the
“Corporation”) has asked the Public Finance Authority (the “Authority”) to issue tax-exempt
bonds in one or more series (the “Bonds”) for the purposes described herein. The Authority will
sell the Bonds to one or more financial institutions and lend the proceeds of the Bonds to the
Corporation. The proceeds of the Bonds will be used to (1) finance and refinance the costs of
the Project (as defined herein), (2) pay a portion of the interest accruing on the Bonds and (3)
pay certain expenses incurred in connection with the issuance of the Bonds.
The “Project” consists of (i) the construction of new health care facilities and the acquisition and
installation of new equipment at Cape Fear Valley Medical Center located in Fayetteville, North
Carolina and Central Harnett Hospital located in Lillington, North Carolina (collectively, the
“2022 Projects”) and (ii) the refunding of certain bonds and existing debt of the Corporation and
Harnett Health System, Inc. (“Harnett Health”), which financed facilities and equipment in
Cumberland County, North Carolina, Harnett County, North Carolina (the “County”) and Hoke
County, North Carolina. The Project, the 2022 Projects and the plan of financing are described
in further detail in the notice of public hearing published on May 9, 2022 in The Fayetteville
Observer (the “TEFRA Notice”), a copy of which is attached hereto as Exhibit A and
incorporated herein.
We are serving as bond counsel for the issuance of the Bonds.
Because the Corporation and Harnett Health are 501(c)(3) organizations, Section 147(f) of the
Internal Revenue Code of 1986, as amended (the “Code”), requires that tax-exempt bonds
issued for the benefit of the Corporation and Harnett Health be approved by each governmental
unit having jurisdiction over the area in which any facility to be financed or refinanced with the
proceeds of the bonds is located.
Under Section 147(f) of the Code, the Board of Commissioners of the County (the “Board of
Commissioners”) must approve the plan of financing described in the TEFRA Notice and the
Item 7
HCBOC 051622a Pg. 185
14957144v1 24227.00019
2
issuance of the Bonds pursuant to such plan of financing after a public hearing following
reasonable public notice. This is referred to as a “TEFRA hearing” and a “TEFRA approval.”
Because the Bonds will be issued by the Authority, Section 66.0304(11)(a) of the Wisconsin
Statutes and Section 4 of the Amended and Restated Joint Exercise of Powers Agreement
Relating to the Public Finance Authority, dated as of September 28, 2010 (the “Joint Powers
Agreement”) require that the financing of a capital improvement project to be financed with
bonds issued by the Authority must be approved by the governing body or highest ranking
executive or administrator of the political jurisdiction within whose boundaries such project is
located.
A portion of the facilities to be refinanced with the proceeds of the Bonds and certain of the
2022 Projects are located in the County, and the Board of Commissioners is the governing body
of the County.
The TEFRA hearing is scheduled to occur at the May 16, 2022 meeting of the Board of
Commissioners. Federal tax law provides that notice of the public hearing is presumed
reasonable if published no fewer than 7 days before the hearing. The TEFRA Notice was
published on May 9, 2022, which is 7 days before the hearing.
The Corporation is requesting that the Board of Commissioners provide the TEFRA approval of
the plan of financing described in the TEFRA Notice, the issuance of the Bonds pursuant such
plan of financing and the approval of the financing of the portion of the 2022 Projects that is in
the County for the purposes of 66.0304(11)(a) of the Wisconsin Statutes and Section 4 of the
Joint Powers Agreement during its meeting on May 16th, after the public hearing.
HCBOC 051622a Pg. 186
14957144v1 24227.00019 ROBINSON, BRADSHAW & HINSON, P.A. : robinsonbradshaw.com
Charlotte Office : 101 N. Tryon St., Ste. 1900, Charlotte, NC 28246 : 704.377.2536
EXHIBIT A
TEFRA NOTICE
[Attached.]
HCBOC 051622a Pg. 187
14961383v2 24227.00019
EXTRACTS FROM MINUTES OF BOARD OF COMMISSIONERS
The Board of Commissioners for the County of Harnett, North Carolina (the “County”)
held a regular meeting in the Board of Commissioners Meeting Room on the second floor of the
Harnett County Resource Center and Library, 455 McKinney Parkway, Lillington, North
Carolina 27546, the regular place of meeting, at 6:00 p.m. on May 16, 2022. The following
Commissioners were:
Present:
Absent:
* * * * *
Motion was made by Commissioner _______, seconded by Commissioner _______ and
carried unanimously, to open the public hearing.
WHEREAS, at [6:00] p.m., the Chairman announced that the Board of Commissioners
(the “Board”) would proceed to hold a public hearing and would hear anyone who wished to be
heard on the proposed issuance by the Public Finance Authority (the “Authority”), a unit of
government and a body corporate and politic of the State of Wisconsin, of its revenue bonds in
one or more series (the “Bonds”) in an aggregate principal amount not to exceed $267,250,000
pursuant to the plan of financing described herein;
WHEREAS, the Authority has been requested to issue the Bonds and to lend the
proceeds from the sale thereof to Cumberland County Hospital System, Inc. d/b/a Cape Fear
Valley Health System (the “Corporation”) or Harnett Health System, Inc. (“Harnett Health”),
each a North Carolina nonprofit corporation and an organization described in Section 501(c)(3)
of the Internal Revenue Code of 1986, as amended (the “Code”), pursuant to the plan of
financing described herein;
WHEREAS, the plan of financing calls for the proceeds of the Bonds to be used for the
purpose of (a) financing capital expenditures for health care facilities, including but not limited
to paying the costs of (i) acquiring, constructing, equipping and furnishing (A) a 100-bed
expansion of the Valley Pavilion Tower (the “Pavilion Tower Project”) at Cape Fear Valley
Medical Center located at 1638 Owen Drive, Fayetteville, North Carolina (“Cape Fear Valley
Medical Center”) and (B) a new medical office/cancer center building (the “2022 Harnett
Project”) at Central Harnett Hospital located at 215 Brightwater Drive, Lillington, North
Carolina (“Central Harnett Hospital”), and (ii) acquiring and installing medical, computer, office
and capital equipment for use at Cape Fear Valley Medical Center and Central Harnett Hospital
(the “2022 Equipment,” and collectively with the Pavilion Tower Project and the 2022 Harnett
Project, the “2022 Projects”); (b) refunding all or a part of the Public Finance Authority Health
Care Facilities Revenue Refunding Bonds (Cape Fear Valley Health System) Series 2020 (the
“2020 Bonds”); (c) refunding all or a part of the taxable Harnett Health Adjustable Rate Hospital
Bonds Series 2011A (the “Harnett Health 2011 Taxable Bonds”); (d) refunding all or a part of
the taxable Harnett Health Hospital Notes, Series 2013 numbered R-1 through R-8 (collectively,
HCBOC 051622a Pg. 188
14961383v2 24227.00019
2
the “Harnett Health 2013 USDA Notes”); (e) paying a portion of the interest accruing on the
Bonds; and (f) paying certain expenses incurred in connection with the issuance of the Bonds;
WHEREAS, the proceeds of the 2020 Bonds were used to refund a portion of the Public
Finance Authority Health Care Facilities Revenue Refunding Bonds (Cape Fear Valley Health
System), Series 2017 (the “2017 Bonds”). The proceeds of the 2017 Bonds were used to refund
the North Carolina Medical Care Commission Health Care Facilities Revenue Bonds (Cape Fear
Valley Health System), Series 2008A (the “2008A Bonds”). The proceeds of the 2008A Bonds
were used with certain other bond proceeds to, among other things, (1) refund the North Carolina
Medical Care Commission Health Care Facilities Revenue Bonds (Cape Fear Valley Health
System) Series 2006B (the “2006B Bonds”) and (2) reimburse the Corporation for the cost of
acquiring certain equipment for the Health System (as defined in the hereinafter defined TEFRA
Notice) (the “2008 Project”);
WHEREAS, the proceeds of the 2006B Bonds were used to finance the acquisition of
the Health System by the Corporation from the County of Cumberland, North Carolina and the
construction, improvement and equipping of certain health care facilities (the “2006B Project”),
as more particularly described in the notice of public hearing published on May 9, 2022 in The
Fayetteville Observer (the “TEFRA Notice”), a copy of which is attached hereto and
incorporated herein;
WHEREAS, the proceeds of the Harnett Health 2011 Taxable Bonds were used to
refund the North Carolina Medical Care Commission FHA Insured Mortgage Revenue Bonds
(Betsy Johnson Regional Hospital Project), Series 2003 (the “2003 Bonds”). The proceeds of the
2003 Bonds were used to finance a four-story addition to the existing acute care hospital facility
located at 800 Tilghman Drive, Dunn, North Carolina known as Betsy Johnson Hospital that
included space for a new main lobby, administrative offices, dining room, laboratory, pharmacy,
medical records, radiology, and mechanical space and other renovations to Betsy Johnson
Hospital (the “2003 Betsy Johnson Project”);
WHEREAS, the proceeds of the Harnett Health 2013 USDA Notes were used to pay-off
an interim construction loan that was used to finance the construction and equipping of the then
new Central Harnett Hospital (the “Central Harnett Project,” and collectively with the 2003
Betsy Johnson Project, the 2006B Project, the 2008 Project and the 2022 Projects, the “Project”);
WHEREAS, pursuant to Section 66.0304(11)(a) of the Wisconsin Statutes and Section 4
of the Amended and Restated Joint Exercise of Powers Agreement Relating to the Public
Finance Authority, dated as of September 28, 2010 (the “Joint Exercise Agreement”), prior to the
Authority issuing bonds to finance a capital improvement project, the financing of such project
must be approved by the governing body or highest ranking executive or administrator of the
political jurisdiction within whose boundaries such project is located, which with respect to the
2022 Projects includes the County;
WHEREAS, the Corporation has requested that the Board approve the plan of financing
of the health care facilities described herein to be financed or refinanced with the issuance of the
Bonds and the issuance of the Bonds pursuant to the plan of financing described herein in an
amount not to exceed $267,250,000 in order to satisfy the public approval requirement of Section
HCBOC 051622a Pg. 189
14961383v2 24227.00019
3
147(f) of the Code and approve the financing of the 2022 Projects located in the County in order
to satisfy the requirements of Section 4 of the Joint Exercise Agreement and
Section 66.0304(11)(a) of the Wisconsin Statutes;
WHEREAS, the Corporation will agree to repay the principal, premium, if any, and
interest on the Bonds and the County will have no liability whatsoever for the payment of
principal of, premium, if any, or interest on the Bonds, and the Bonds will not affect the
County’s debt ratios or legal debt limit and the County will not incur any liability for repayment
of the Bonds by approving the Bonds for purposes of Section 147(f) of the Code;
WHEREAS, the Board has determined that approval of the plan of financing of the
health care facilities described herein to be financed or refinanced with the issuance of the Bonds
and the issuance of the Bonds pursuant to the plan of financing described herein is solely to
satisfy the requirements of Section 147(f) of the Code and the approval of the financing of the
2022 Projects located in the County is solely to satisfy the requirements of Section 4 of the Joint
Exercise Agreement and Section 66.0304(11)(a) of the Wisconsin Statutes and shall in no event
constitute an endorsement of the Bonds or the Project or the creditworthiness of the Corporation,
nor shall such approval in any event be construed to obligate the County for the payment of the
principal of or premium or interest on the Bonds or for the performance of any pledge, mortgage
or obligation or agreement of any kind whatsoever which may be undertaken by the Authority, or
to constitute the Bonds or any of the agreements or obligations of the Authority an indebtedness
of the County, within the meaning of any constitutional or statutory provision whatsoever;
WHEREAS, the TEFRA Notice was published on May 9, 2022 in The Fayetteville
Observer and sets forth a general, functional description of the type and use of the facilities to be
financed and refinanced with the proceeds of the Bonds pursuant to the plan of financing, the
maximum principal amount of the Bonds to be issued, the initial owner and operator of the
facilities and the location of the facilities, among other things;
WHEREAS, the names, address and testimony of the persons who were present and who
offered comments on the proposed issuance of the Bonds or who responded in writing to the
notice of public hearing are as follows:
[None.]
WHEREAS, the Chairman of the Board inquired elsewhere in and around the meeting
room to determine whether there were any other persons who wished to speak at the public
hearing and the Chairman of the Board determined that no other persons who wished to speak at
the public hearing were found; and
WHEREAS, a purpose of the above-described public hearing and this resolution is to
satisfy the public approval requirement of Section 147(f) of the Code, in order to qualify the
interest on the Bonds for exclusion from the gross income of the owners thereof for federal
income tax purposes pursuant to the applicable provisions of the Code;
After the Board had heard all persons who had requested to be heard, Commissioner
_____ moved that the public hearing be closed. The motion was adopted unanimously.
HCBOC 051622a Pg. 190
14961383v2 24227.00019
4
Commissioner _____ introduced the following resolution, a copy of which had been
distributed to each Commissioner:
RESOLUTION APPROVING THE PLAN OF FINANCING OF HEALTH
CARE FACILITIES WITH PROCEEDS OF TAX-EXEMPT BONDS TO BE
ISSUED BY THE PUBLIC FINANCE AUTHORITY FOR THE BENEFIT OF
CUMBERLAND COUNTY HOSPITAL SYSTEM, INC. D/B/A CAPE FEAR
VALLEY HEALTH SYSTEM AND HARNETT HEALTH SYSTEM, INC.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COMMISSIONERS FOR THE COUNTY OF HARNETT, NORTH CAROLINA:
Section 1. For the purpose of qualifying the interest on the Bonds for exclusion from
the gross income of the owners thereof for federal income tax purposes pursuant to the
applicable provisions of the Code and to satisfy the public approval requirement of Section
147(f) of the Code, the Board hereby approves the plan of financing of the health care facilities
described herein to be financed and refinanced with the issuance of the Bonds and the issuance
of the Bonds by the Authority pursuant to the plan of financing described herein in an amount
not to exceed $267,250,000, provided that in no event shall the County or any political
subdivision thereof be liable for such Bonds nor shall the Bonds constitute a debt of the County
or any political subdivision thereof. Additionally, it is the purpose and intent of the Board that
this resolution also constitute approval by the Board of the financing of the portion of the 2022
Projects that is located in the County in accordance with Section 66.0304(11)(a) of the
Wisconsin Statutes and Section 4 of the Joint Exercise Agreement. The Board is the governing
body of the political jurisdiction within whose boundaries a portion of the 2022 Projects is
located.
Section 2. This resolution shall take effect immediately upon its passage.
Commissioner _____ seconded the motion and the motion was adopted by the following
vote:
AYES:
NAYS:
* * * * *
HCBOC 051622a Pg. 191
14961383v2 24227.00019
STATE OF NORTH CAROLINA )
COUNTY OF HARNETT )
I, Melissa Capps, Clerk to the Board of Commissioners of the County of Harnett, DO
HEREBY CERTIFY as follows:
1. A meeting of the Board of Commissioners of the County of Harnett, located in the
State of North Carolina, was duly held May 16, 2022, such meeting having been noticed, held
and conducted in accordance with all requirements of law (including open meetings
requirements), and minutes of that meeting have been or will be duly recorded in the Minute
Book kept by me in accordance with law for the purpose of recording the minutes of the Board
of Commissioners.
2.The attached extract accurately reflects the actions taken by the Board of
Commissioners with respect to the matters therein.
3.The attached extract correctly states the time when the meeting was convened and
the place where the meeting was held and the members of the Board of Commissioners who
attended the meeting.
IN WITNESS WHEREOF, I have hereunto set my hand and have hereunto affixed the
seal of the County of Harnett as of May 16, 2022.
(SEAL)
Clerk to the Board of Commissioners
HCBOC 051622a Pg. 192
14961383v2 24227.00019
[Attach TEFRA Notice]
HCBOC 051622a Pg. 193
S:\Clerk to the Board docs\AGENDAS\2022\051622\8.1 open space TA_CC agenda form.docx Page
1 of 1
Board Meeting
Agenda Item
MEETING DATE: May 16, 2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Proposed Text Amendment: Case # PLAN2204-0001
REQUESTED BY: Mark Locklear/ Development Services
REQUEST:
Harnett County Unified Development Ordinance; Article VII, Section 8.1 and 8.2. To amend
Harnett County’s UDO in order to be more specific as to when open space is required.
Development Services staff recommends approval based on compliance with the Harnett
County Greenway, Bike, and Pedsetrian Plan.
Additional Information:
On May 2nd, the Harnett County Planning Board voted unanimously (5-0) to recommend
approval of application and no one spoke in opposition.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 8
HCBOC 051622a Pg. 194
Page 1 of 2
TEXT AMENDMENT REQUEST FORM
Development Services
108 E. Front Street
P.O. Box 65, Lillington, NC 27546
Phone: (910) 893-7525 Fax: (910) 893-2793
Case: PLAN2204-0001
Planning Board: May 2, 2022 County Commissioners: May 16, 2022
Applicant Information
Applicant:
Name: 4D Site Solutions, Inc – Scott Brown, PE
Address: 409 Chicago Dr, Suite 112
City/State/Zip: Fayetteville, NC 28306
Phone: 910-426-6777
Type of Change
New Addition Revision
Ordinance:
Unified Development
Ordinance Article: VII Section: 8.1 & 8.2
Current Text:
See attached
Proposed Text: (Attach additional sheets if necessary)
See attached
Reason for Requested Change:
To amend Harnett County’s U.D.O. where it pertains active/ usable open space.
Additional Information:
At their May 2nd meeting, the Harnett County Planning Board voted 5-0 to recommend approval of this
of the Text Amendment application and no one spoke in opposition
Suggested Statement-of-Consistency: (Staff concludes that…)
The requested Text Amendment is compatible with Harnett County regulatory documents and the
benefits outweigh any potential inconvenience or harm to the community. Therefore, it is recommended
that this Text Amendment request be APPROVED
HCBOC 051622a Pg. 195
Page 2 of 2
ATTACHMENT 1
Red text is proposed
Article VII Development Design Guidelines.
Section 8.0 Open Space
8.1 General Provisions
A.The Board of Commissioners declares the purposes and intent of the open space regulations adopted and prescribed
in this Section to be as follows:
1.To provide adequate improved recreational open space areas and unimproved open space;
2.To provide prime views and open vistas, providing relief from an urban landscape;
3.To encourage the preservation of existing trees and vegetation;
4.To encourage the retention of environmentally sensitive areas, such as, steep slopes, bodies of water, streams,
wetlands and land adjoining the Cape Fear River;
5.To encourage the protection of air and water quality;
6.To enhance flood control; and
7.To provide protection for historically or archeologically significant areas.
8.When open space is required as part of the specific development, a minimum of 10 percent (10%) of the total
open space provided required in residential developments shall include improved open space area(s) as defined by
this Ordinance. The improved open space area shall be proportionate to the entire development and, if applicable,
each phase shall include an area of improved open space. In no case shall an open space area be less than the
smallest lot within the phase in which the open space is located.
8.2 Design Standards for Open Space
A.All floodplains, streams, ponds, lakes, and other water bodies are encouraged to be contained in open space area.
B.All wetlands, and blue-line streams with a required vegetative, riparian buffer, shall be contained in open space areas,
unless platted prior to September 16, 2019 or mitigated via the US Army Corps of Engineers permitting process.
These areas are not to be considered for the required improved open space as specified in Section 8.1.A8.
HCBOC 051622a Pg. 196
Harnett County Board of Commissioners
Page | 1
AN ORDINANCE AMENDING THE
HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE
WHEREAS, the Board of Commissioners of Harnett County adopted the UDO on October 17, 2011 for the
purpose of promoting the health, safety, and general welfare of the county residents; and
WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North
Carolina, particularly G.S. 153A-340; and
WHEREAS, the UDO contains provisions for amending said ordinance and those provisions have been followed;
and
WHEREAS, the Harnett County Planning Board has reviewed the amendment to the article of the UDO as
listed below and recommends the adoption of the following amendment.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF HARNETT
COUNTY, NORTH CAROLINA that Harnett County Unified Development Ordinance Article VII:
Development Design Guidelines, Section 8.1 Open Space General Provisions and Section 8.2 Design Standards
for Open Space of the UDO shall be amended to read as indicated in “Attachment”.
“Attachment” is filed with the Unified Development Ordinance in the Clerk to the Board’s Office.
Duly adopted this 16th day of May 2022 and effective upon adoption.
HARNETT COUNTY BOARD OF COMMISSIONERS
_______________________________
Lewis W. Weatherspoon, Chairman
ATTEST:
____________________________________
Melissa D. Capps, Clerk
HCBOC 051622a Pg. 197
Harnett County Board of Commissioners
Page | 2
ARTICLE VII. DEVELOPMENT DESIGN GUIDELINES
Article VII Development Design Guidelines.
Section 8.0 Open Space
8.1 General Provisions
A.The Board of Commissioners declares the purposes and intent of the open space regulations adopted and prescribed
in this Section to be as follows:
1.To provide adequate improved recreational open space areas and unimproved open space;
2. To provide prime views and open vistas, providing relief from an urban landscape;
3.To encourage the preservation of existing trees and vegetation;
4.To encourage the retention of environmentally sensitive areas, such as, steep slopes, bodies of water, streams,
wetlands and land adjoining the Cape Fear River;
5.To encourage the protection of air and water quality;
6.To enhance flood control; and
7.To provide protection for historically or archeologically significant areas.
8.When open space is required as part of the specific development, a minimum of 10 percent (10%) of the total open
space required in residential developments shall include improved open space area(s) as defined by this Ordinance.
The improved open space area shall be proportionate to the entire development and, if applicable, each phase shall
include an area of improved open space. In no case shall an open space area be less than the smallest lot within the
phase in which the open space is located.
8.2 Design Standards for Open Space
A.All floodplains, streams, ponds, lakes, and other water bodies are encouraged to be contained in open space area.
B.All wetlands, and blue-line streams with a required vegetative, riparian buffer, shall be contained in open space areas,
unless platted prior to September 16, 2019 or mitigated via the US Army Corps of Engineers permitting process. These
areas are not to be considered for the required improved open space as specified in Section 8.1.A8.
HCBOC 051622a Pg. 198
S:\Clerk to the Board docs\AGENDAS\2022\051622\9.1 Serafano_CC agenda form.docx Page
1 of 1
Board Meeting
Agenda Item
MEETING DATE: May 16, 2022
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Proposed Land Use Amendment: Case # PLAN2203-0002
REQUESTED BY: Mark Locklear/ Development Services
REQUEST:
Land Use Map Amendment
Landowner / Applicant: Wingo Holdings, LLC/ Sal Serafano; 89.12 acres; Pin # 0662-28-
4695 & 0662-57-0911; From Low Density Residential to Medium Density Residential; SR #
1438 (North Harnett School Rd); Black River Township.
Development Services staff recommends approval based on the Land Use compatabilty and
the residential setting of the surrounding uses.
Additional Information:
On May 2nd, the Harnett County Planning Board voted unanimously (5-0) to recommend
approval of application based the intended residential use as well as Land Use compatability.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 9
HCBOC 051622a Pg. 199
HCBOC 051622a Pg. 200
HCBOC 051622a Pg. 201
HCBOC 051622a Pg. 202
Land Use Plan/ Map Amendment
Development Services Department
Case: PLAN2203-0001
Jay Sikes, Mgr. of Planning Services
jsikes@harnett.org
Phone: (910) 893-7525 Fax: (910) 814-8278
Planning Board: May 2, 2022 County Commissioners: May 16, 2022
Requesting an Amendment from Low Density Residential to Medium Density Residential
Applicant Information
Owner of Record: Applicant:
Name: Wingo Holdings, LLC Name: Sal Serafano
Address: 201 Bellaris St Address: PO Box 1444
City/State/Zip: Garner, NC 27529 City/State/Zip: Cary, NC 27512
Property Description
PIN(s): 0662-28-4695 & 0662-57-0911 Acreage: 89.12
Address/SR No.: North Harnett School Rd (SR 1438)
Township:
(09) Johnsonville
(10) Lillington
(11) Neill’s Creek
(12) Stewart’s Creek
(13) Upper Little River
(01) Anderson Creek
(02) Averasboro
(03) Barbecue
(04) Black River
(05) Buckhorn
(06) Duke
(07) Grove
(08) Hectors Creek
Vicinity Map
HCBOC 051622a Pg. 203
Zoning
Land Use
HCBOC 051622a Pg. 204
Aerial
Physical Characteristics
The property is vacant land, undeveloped land.
Surrounding land uses consist of single-family residences, a Primary School (K-2nd grade) and several
undeveloped parcels.
Approximately, 5 acres is already classified as MDR.
Per the application, design would be similar in nature to the adjacent residential development,
Atherstone (~15,000 sq ft)
Two planned connections to the adjacent Atherstone development.
Services Available
Water:
Public (Harnett County)
Private (Well)
Other: Unverified
Sewer:
Public (Harnett County)
Private (Septic Tank)
Other: unverified
Transportation:
Annual Daily Traffic Count:
-NC 210 ~7,800;
-N.Harnett Primary School
~90 cars and 9 buses 2x a
day.
Site Distances: Moderate
HCBOC 051622a Pg. 205
Site Photographs
Site Site & N.Harnett School Rd
N.Harnett Primary School N.Harnett School Rd & NC 210 intersection
NC 210 & N.Harnett School Rd
HCBOC 051622a Pg. 206
Evaluation
Yes No The IMPACT to the adjacent property owners and the surrounding community is
reasonable, and the benefits of the Land Use classification change outweigh any
potential inconvenience or harm to the community.
REASONING: The requested Land Use classification change to Medium Density
Residential will not have a negative impact on the surrounding properties due to the
residential nature.
Yes No The requested land use classification is COMPATIBLE with the surrounding Land Use
Classifications.
REASONING: The requested Land Use classification is compatible with the surrounding
Land Use as this classification is the same classification exists for adjacent properties.
Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare.
REASONING: The requested Medium Density Residential classification would enhance or
maintain the public health, safety, and general welfare due to direct access to public
water and sewer.
Yes No The request is for a SMALL SCALE Land Use category and should be evaluated for
reasonableness.
REASONING: The subject area is immediately adjacent to the designation of Medium
Density Residential and therefore this does not need to be evaluated for a Small Scale
amendment.
Additional Information
On May 2nd, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of this
Land Use Map amendment based on zoning compatibility and the existing Medium Density Residential on
adjacent properties.
Several residents living in proximity to the subject properties spoke in opposition to the land use
map amendment stating concerns about the potential for sedimentation pollution in the creek and
nearby ponds, increased traffic on North Harnett School Rd. and NC 210 N, adverse effects to the
wildlife population, and the available capacities of the schools in the district.
Suggested Statement-of-Consistency (Staff concludes that…)
As explained in the evaluation, the requested Land Use Map amendment is compatible with Harnett
County regulatory documents and would not have an unreasonable impact on the surrounding community
due to the existing Medium Density Residential designated areas adjacent to the property as well as the
direct access to public water and sewer. Therefore, it is recommended that this reclassification request be
APPROVED.
Per Harnett County Land Use Plan (2015)…
Residential Focus Areas
Low Density Residential: Single family detached residential intended to remain predominantly
suburban in character and provide for low density single-family residential development on lots smaller
than those in Rural Residential areas. Gross densities of 1-3 dwelling units per acre depending on utilities,
soils and character of adjacent development.
Medium Density Residential: Medium density residential with a mix of housing types including single
family detached homes with average lot sizes, small-lot homes and patio homes. Gross densities of 2-5
dwelling units per acre. Located in areas served by current or planned utilities or in areas near the extra -
HCBOC 051622a Pg. 207
territorial jurisdiction (ETJ) of towns. Additional housing types (including townhomes and apartments)
and higher densities may be appropriate as part of planned developments or near Development Nodes.
HCBOC 051622a Pg. 208
Item 11Ah
July 1, 2021 - June 30, 2022 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun TOTAL AVG.
Front Desk - Check-in Appointments 855 1324 1597 1296 1090 1166 1165 954 1102 1181 11730 1173
Health Clinics
Adult Women Wellness Clinic 7 1 6 1 2 0 2 4 4 3 30 3
Care Coordination for Children (CC4C)118 120 123 127 119 138 147 168 145 136 1341 134.1
Child Health - Sick Clinic 107 171 214 179 135 179 141 108 162 126 1522 152.2
Child Health - Well Clinic 84 140 131 109 76 73 60 105 113 89 980 98
County Employee Health Clinic 143 177 148 138 139 151 177 96 98 126 1393 139.3
Family Planning 149 135 113 137 127 123 147 118 148 139 1336 133.6
Immunizations 166 267 897 1163 268 223 171 161 154 136 3606 360.6
COVID Vaccines 439 535 675 648 1486 1218 563 218 100 462 6344 634.4
Maternity (Prenatal Clinic)151 170 144 97 125 78 134 140 140 125 1304 130.4
OB Care Management (OBCM)110 206 173 153 170 206 222 243 172 176 1831 183.1
Postpartum Home Visits 0 0 0 0 0 0 0 0 0 0 0 0
Refer/Repeat Pap 0 0 0 0 0 0 2 2 1 5 10 1
STD Services 97 105 95 79 83 67 82 95 114 105 922 92.2
TB Services 78 77 66 73 82 39 55 42 87 49 648 64.8
Welcome Baby Home Visits 0 0 0 0 0 0 0 0 0 0 0 0
Total Services 1649 2104 2785 2904 2812 2495 1903 1500 1438 1677 0 0 21267 2126.7
Reportable Disease Cases
Tuberculosis 0 0 0 1 0 2 0 0 0 0 3 0.3
HIV - (Quarterly report)4 0 0 0 0 0 0 0 0 0 4 0.4
AIDS - (Quarterly report)0 0 0 0 0 0 0 0 0 0 0 0
SYPHILIS - (Quarterly report)2 3 4 1 0 7 4 4 7 3 35 3.5
OTHER STD's 90 61 44 20 15 26 22 11 17 17 323 32.3
Other (salmonella, campylobacter, etc)1 2 3 4 9 4 1 2 3 5 34 3.4
Total Services 97 66 51 26 24 39 27 17 27 25 399 39.9
Health Education
Outreach 288 484 352 533 273 197 214 223 310 238 3112 311.2
Laboratory Clients 584 797 720 604 722 644 847 698 808 694 7118 711.8
Laboratory Tests 1147 1157 1098 987 1158 1052 1180 1134 1338 1216 11467 1146.7
HIV Tests 132 110 106 91 99 89 102 106 107 128 1070 107
WIC Active Participation 3497 3479 3480 3586 3580 3572 3599 3577 3716 32086 3565.1
Vital Statistics
Births In County 25 25 38 24 37 37 36 37 56 38 353 35.3
Births Out of County 100 75 127 128 125 137 163 112 270 129 1366 136.6
Deaths 53 69 70 60 60 63 79 62 62 37 615 61.5
Environmental Health
Applications Received 125 131 119 126 104 72 69 100 156 128 1130 113
Permits Issued 88 83 113 84 98 76 56 83 117 93 891 89.1
Completions Issued 60 58 56 64 73 52 47 77 79 74 640 64
Repair Permits Applied 9 15 6 4 4 6 5 8 13 19 89 8.9
Permits Denied 1 0 0 1 0 2 1 1 0 0 6 0.6
Food and Lodging
Establishments Inspected/Reinspected 67 80 76 40 43 59 40 64 66 47 582 58.2
Visits /Construction/Critical 28 48 42 23 18 18 33 35 41 90 376 37.6
Complaints 0 4 6 2 0 4 0 3 1 2 22 2.2
Private Water Supplies
Well Applications Received 12 3 1 2 3 3 2 6 6 2 40 4
updated 5/06/2022
Activities Summary
Harnett County Department of Public Health Item 11B
HCBOC 051622a Pg. 210
Item 11C
HCBOC 051622a Pg. 211
HCBOC 051622a Pg. 212
HCBOC 051622a Pg. 213
HCBOC 051622a Pg. 214
HCBOC 051622a Pg. 215
HCBOC 051622a Pg. 216
HCBOC 051622a Pg. 217
HCBOC 051622a Pg. 218
HCBOC 051622a Pg. 219
HCBOC 051622a Pg. 220
HCBOC 051622a Pg. 221
HCBOC 051622a Pg. 222
HCBOC 051622a Pg. 223
HCBOC 051622a Pg. 224
HCBOC 051622a Pg. 225
HCBOC 051622a Pg. 226
HCBOC 051622a Pg. 227
HCBOC 051622a Pg. 228
HCBOC 051622a Pg. 229
HCBOC 051622a Pg. 230
HCBOC 051622a Pg. 231
HCBOC 051622a Pg. 232
HCBOC 051622a Pg. 233
HCBOC 051622a Pg. 234
HCBOC 051622a Pg. 235
HCBOC 051622a Pg. 236
HCBOC 051622a Pg. 237
HCBOC 051622a Pg. 238
HCBOC 051622a Pg. 239
HCBOC 051622a Pg. 240
HCBOC 051622a Pg. 241
HCBOC 051622a Pg. 242
HCBOC 051622a Pg. 243
HCBOC 051622a Pg. 244
HCBOC 051622a Pg. 245
HCBOC 051622a Pg. 246
HCBOC 051622a Pg. 247
HCBOC 051622a Pg. 248
HCBOC 051622a Pg. 249