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HomeMy WebLinkAbout110122 ws agenda packet WORK SESSION AGENDA Date: Tuesday, November 1, 2022 Time: 9:00 a.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 Brooks Matthews 3. Board of Elections Update; Claire Jones, Elections Director 4. Harnett County Sheriff’s Office PAL Program Update; Deputy Hornsby 5. Consider and award Airport Terminal Contract and grant County Manager signature authority on the contract; Brent Trout, County Manager **Please note this will be a voting item.** 6. Discuss Terminal Construction Capital Project Ordinance; Brent Trout, County Manager **Please note this will be a voting item.** 7. Discuss the Library’s request to apply for a one-time non-reoccurring state aid from the NC Department of Cultural Resources, the State Library; Angela McCauley, Library Director 8. Discuss a request from Harnett County Emergency Services seeking Board approval for a new Deputy Fire Marshal, 40 hr. per week position; Larry Smith, Emergency Services Director 9. Discuss a request to accept funding from the Assistance to Firefighters grant to purchase mobile and portable radios; Larry Smith, Emergency Services Director 10. Discuss awarding a bid contract for the replacement of hot water heaters at the Detention Center; Kenneth Snipes, Facility Maintenance Manager 11. Discuss a Resolution requesting NCDOT add Long Meadow Lane and Old Maple Court in Lafayette Meadows to the State’s Secondary Road System; Jay Sikes, Assistant Development Services Director/ Manager of Planning Services 12. Discuss Proposed Zoning Change: Case # PLAN2209-0001 Landowner / Applicant: Katheryn T Medley & Jeffery B Thomas / R.P. Wellons Land & Development, LLC; 94.12 +/- acres; Pin 9691-91-1036.000; From Commercial to RA-30 Zoning District; SR # 1291 (Old US 421) ; Upper Little River Township; Jay Sikes, Assistant Development Services Director/ Manager of Planning Services 13. Discuss Comprehensive Land Use Plan; Mark Locklear, Development Services Director 14. Discuss the ARPA/CSLFRF Property Management Policy; Ally Fouts, Lead for North Carolina Fellow 15. Discuss request from the Town of Broadway regarding a Resolution requesting NCDOT reduce the speed limit on SR 1289 (Seminole Road); Brent Trout, County Manager HCBOC 110122 ws Pg. 1 Harnett County Board of Commissioners Page | 2 16. Discuss budget amendment for Harnett County Sheriff’s Office salary adjustments; Brent Trout, County Manager 17. Discuss budget amendment for school salary adjustments; Brent Trout, County Manager 18. Discuss IT’s River Fiber Project 2022 RFP response; Ira Hall, IT Director 19. Discuss Harnett County Sheriff’s Office requests for approval to accept NC DHHS grant funds for COVID-19 Support for County Confinement Facilities; Wayne Coats, Sheriff 20. Review applications to serve on Boards and Committees. 21. County Manager’s Report- Brent Trout, County Manager • November 7, 2022 Regular Meeting Agenda Review • Upcoming meetings and invitations 22. Closed Session 23. Adjourn CONDUCT OF THE NOVEMBER 1, 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 110122 ws Pg. 2 Board Meeting Agenda Item MEETING DATE: November 1, 2022 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Award Airport Terminal contract and Signature Authority REQUESTED BY: Brent Trout - Administration REQUEST: Administration requests the Board consider awarding the Airport Terminal contract to Jackson Builders, Inc. Additionally, it has been requested the Board consider and grant Mr. Trout signature authority for this contract. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users\jbel 1-raig\AppData\Local\Microsoft\ Windows\lN etCache\Content. Outlook\ VPFIHEEA \Agenda Request -Airport Terminal contract.docx Page I of I Item 5 HCBOC 110122 ws Pg. 3 Bid Summary Harnett Regional Jetport New Terminal Building TBI No. 2701-1701/1801 Bid Date: October 12, 2022 Daniels and Daniels Base Bid 4,962,449.35$ *5,063,428.59$ *5,144,500.00$ 5,731,712.50$ * Bid Alternate 1 154,427.15$ *119,900.00$ 110,390.00$ 116,298.75$ Total (Base Bid + Bid Alternate 1)5,116,876.50$ *5,183,328.59$ *5,254,890.00$ 5,848,011.25$ * NC License Status Valid NCDOT Pre-Qual Status Bidder Bid Bond Yes Addendum No. 1 Yes Addendum No. 2 Yes DBE Form (B-13)Yes DBE Form (B-14)Yes * Corrected bid amount shown. ** Supplied with good faith effort documentation. Yes Yes Valid Bidder Yes Yes Yes Yes Yes Valid Bidder Yes No No Yes Yes Yes Yes No ** Jackson Builders, Inc. KMD Construction Cooper Tacia Valid Bidder 2701-1701/1801 1 Bid SummaryHCBOC 110122 ws Pg. 4 HCBOC 110122 ws Pg. 5 HCBOC 110122 ws Pg. 6 HCBOC 110122 ws Pg. 7 DBE PROGRAM MEMORANDUM TO: Brent Trout, Harnett County Manager’s Office FROM: Wilfred Nixon, Ken Weeden & Associates, Inc. SUBJECT: DBE Compliance Review -Jackson Builders Harnett Regional Jetport – New Terminal Building DATE: October 19, 2022 BID DATE: October 12, 2022 Ken Weeden & Associates, Inc. (KWA) has reviewed the DBE goal participation documentation submitted by Jackson Builders as part of their bid proposal for the New Terminal Building project. DBE goal compliance for this bid is being reviewed as a matter of responsibility (see 49 CFR 26.53(3) as specified in the bid specifications. The purpose of this DBE compliance review was to determine if the bidder obtained enough DBE participation to meet the established DBE goal for the project, in accordance with the Federal Regulations 49 CFR Part 26 and the Harnett Regional Jetport’s Disadvantaged Business Enterprise (DBE) Program. The attainment of goals for this contract is to be measured as a percentage of the total dollar value of the bid, which is $5,116,876.50. The DBE contract goal established for this project is 1.0% ($51,168.77), and the bidder has committed to a DBE participation of 1.05% ($53,949.13). In accordance with the Federal Regulations 49 CFR Part 26.53(3), bidders must submit DBE participation information no later than 5 days after bid opening as a matter of responsibility. Therefore, the bidder is DBE compliant. This memo is submitted after reviewing and assessing the DBE participation documentation provided by Jackson Builders. DBE Total DBE $ Commitment Total DBE % Committed (1.0% goal) AOA Signs $13,129.13 1.05% Everetts Clearing & Grading $40,820 Total $53,949.13 HCBOC 110122 ws Pg. 8 Board Meeting Agenda Item MEETING DATE: November 1, 2022 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Harnett Regional Jetport (HRJ) Project Ordinance for Terminal Building Construction REQUESTED BY: Brent Trout, County Manager REQUEST: Brent Trout, County Manager requests the Board of Commissioners approve a project ordinance to fund the demolition of terminal and the construction of a new terminal at the Harnett Regional Jetport. The county will be utilizing the State Capital and Infrastruction funds (SCIF) awarded to the county. These funds do not require a local match by the county. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C: \Users\jbell-raig\AppData\Local\Microsoft\ Windows\lNetCache\Content. Outlook\VPFIHEEA \22.11.07 -Tenninal Construction Project Ordinance Agenda Request.docx Page 1 of 2 Item 6 HCBOC 110122 ws Pg. 9 HCBOC 110122 ws Pg. 10 HCBOC 110122 ws Pg. 11 Item 7 HCBOC 110122 ws Pg. 12 HCBOC 110122 ws Pg. 13 HCBOC 110122 ws Pg. 14 HCBOC 110122 ws Pg. 15 HCBOC 110122 ws Pg. 16 HCBOC 110122 ws Pg. 17 HCBOC 110122 ws Pg. 18 HCBOC 110122 ws Pg. 19 HCBOC 110122 ws Pg. 20 HCBOC 110122 ws Pg. 21 HCBOC 110122 ws Pg. 22 HCBOC 110122 ws Pg. 23 HCBOC 110122 ws Pg. 24 HCBOC 110122 ws Pg. 25 HCBOC 110122 ws Pg. 26 HCBOC 110122 ws Pg. 27 HCBOC 110122 ws Pg. 28 HCBOC 110122 ws Pg. 29 HCBOC 110122 ws Pg. 30 HCBOC 110122 ws Pg. 31 HCBOC 110122 ws Pg. 32 HCBOC 110122 ws Pg. 33 HCBOC 110122 ws Pg. 34 HCBOC 110122 ws Pg. 35 S:\Clerk to the Board docs\AGENDAS\2022\110122ws\8.1 agendaform Deputy FM Position.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: November 7, 2022 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: New Deputy Fire Marshal Position 40 Hour Week REQUESTED BY: Larry Smith, Emergency Services REQUEST: Harnett County Emergency Services is seeking Board approval for a new Deputy Fire Marshal, 40hr per week position. This full time Deputy Fire Marshal position primary responsibilities would be fire code enforcement , inspections, plan reviews and technical consultation for the City of Dunn. We have recently taken over these responsibilities from Dunn via a contract with the city. We conducted a street by street inventory of occupancies that will require fire inspections and this has added 892 occupancies that will require reoccurring inspections to our jurisdiction. This positon would allow a single point of contact for operations in the City of Dunn. The current contract with the City of Dunn will provide $45,850 (with 3% annual increase) revenue a year from the city. We would like to apply these funds towards this position, we would require an additional $12,603 to cover benefits for the position for the remainder of this fiscal year. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 8 HCBOC 110122 ws Pg. 36 HCBOC 110122 ws Pg. 37 HCBOC 110122 ws Pg. 38 HCBOC 110122 ws Pg. 39 S:\Clerk to the Board docs\AGENDAS\2022\110122ws\9.1 AFG Radio Grant.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: November 7, 2022 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Assistance to Firefighters Radio Grant Acceptance REQUESTED BY: Larry Smith, Emergency Services REQUEST: Harnett County Emergency Services is seeking Board approval to accept a funding award for the FY 21 Assistance to Firefighters Grant. This grant has a 10% county match. The grant funding amount is $427,536.36. The overall grant including the county 10% ($42,753.64) will be $470,290.00. These funds will be utilized to purchase an estimated (cost variables) 26 mobile radios and 56 portable radios for the EMS Division. These funds will allow us to complete the VIPER replacement program. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 9 HCBOC 110122 ws Pg. 40 Award Letter U.S. Department of Homeland Security Washington, D.C. 20472 Effective date: 09/06/2022 Zachary Shean HARNETT, COUNTY OF NORTH CAROLINA PO BOX 1119 700 MCKINNEY PKWY LILLINGTON, NC 27546 EMW-2021-FG-01362 Dear Zachary Shean, Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year (FY) 2021 Assistance to Firefighters Grant (AFG) Grant funding opportunity has been approved in the amount of $427,536.36 in Federal funding. As a condition of this grant, you are required to contribute non-Federal funds equal to or greater than 10.0% of the Federal funds awarded, or $42,753.64 for a total approved budget of $470,290.00. Please see the FY 2021 AFG Notice of Funding Opportunity for information on how to meet this cost share requirement. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: Summary Award Memo - included in this document Agreement Articles - included in this document Obligating Document - included in this document 2021 AFG Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your official file for this award. Sincerely, HCBOC 110122 ws Pg. 41 PAMELA WILLIAMS Assistant Administrator, Grant Programs HCBOC 110122 ws Pg. 42 Summary Award Memo Program: Fiscal Year 2021 Assistance to Firefighters Grant Recipient: HARNETT, COUNTY OF NORTH CAROLINA UEI-EFT: JBDCD9V41BX7 DUNS number: 091565986 Award number: EMW-2021-FG-01362 Summary description of award The purpose of the Assistance to Firefighters Grant program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Assistance to Firefighters Grant Program's purpose and was worthy of award. Except as otherwise approved as noted in this award, the information you provided in your application for Fiscal Year (FY) 2021 Assistance to Firefighters Grants funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application. Amount awarded table The amount of the award is detailed in the attached Obligating Document for Award. The following are the budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable): HCBOC 110122 ws Pg. 43 Approved scope of work After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2021 AFG NOFO. Approved request details: Equipment Object Class Total Personnel $0.00 Fringe benefits $0.00 Travel $0.00 Equipment $456,340.00 Supplies $0.00 Contractual $12,900.00 Construction $0.00 Other $1,050.00 Indirect charges $0.00 Federal $427,536.36 Non-federal $42,753.64 Total $470,290.00 Program Income $0.00 HCBOC 110122 ws Pg. 44 Mobile Radios (must be P-25 Compliant) DESCRIPTION Dual Head Mobile P-25 II, Enhanced 7-800 Mhz Remotely mounted Meets NFPA 1802 latest Standards. QUANTITY UNIT PRICE TOTAL BUDGET CLASS EquipmentCost 1 26 $6,015.00 $156,390.00 Portable Radios (must be P-25 Compliant, limited to number of AFG approved seated positions) DESCRIPTION Portable P-25 Phase II Digital 7-800 Mhz frequencies two-way radios that is NFPA 1802 Compliant. QUANTITY UNIT PRICE TOTAL BUDGET CLASS EquipmentCost 1 50 $5,755.00 $287,750.00 CHANGE FROM APPLICATION Quantity from 52 to 50 JUSTIFICATION This reduction is because the number of portable radios requested exceeds the number of AFG seated riding positions in your department. HCBOC 110122 ws Pg. 45 Additional funding DESCRIPTION Battery IP68 for portable radios QUANTITY UNIT PRICE TOTAL BUDGET CLASS EquipmentCost 1 50 $127.00 $6,350.00 CHANGE FROM APPLICATION Quantity from 52 to 50 JUSTIFICATION This reduction is because the number of portable radios requested exceeds the number of AFG seated riding positions in your department. Additional funding DESCRIPTION Programing both portable and mobile radios. QUANTITY UNIT PRICE TOTAL BUDGET CLASS ContractualCost 1 76 $50.00 $3,800.00 CHANGE FROM APPLICATION Quantity from 78 to 76 JUSTIFICATION This reduction is because the number of portable radios requested exceeds the number of AFG seated riding positions in your department. HCBOC 110122 ws Pg. 46 Additional funding DESCRIPTION Travel to install 26 mobile radios QUANTITY UNIT PRICE TOTAL BUDGET CLASS OtherCost 1 1 $350.00 $350.00 Additional funding DESCRIPTION Shipping and Insurance QUANTITY UNIT PRICE TOTAL BUDGET CLASS OtherCost 1 1 $700.00 $700.00 Additional funding DESCRIPTION Mobile Radios Installation QUANTITY UNIT PRICE TOTAL BUDGET CLASS ContractualCost 1 26 $350.00 $9,100.00 HCBOC 110122 ws Pg. 47 Additional funding DESCRIPTION Charging Units for portable radio batteries. QUANTITY UNIT PRICE TOTAL BUDGET CLASS EquipmentCost 1 50 $117.00 $5,850.00 CHANGE FROM APPLICATION Quantity from 52 to 50 JUSTIFICATION This reduction is because the number of portable radios requested exceeds the number of AFG seated riding positions in your department. HCBOC 110122 ws Pg. 48 Agreement Articles Program: Fiscal Year 2021 Assistance to Firefighters Grant Recipient: HARNETT, COUNTY OF NORTH CAROLINA UEI-EFT: JBDCD9V41BX7 DUNS number: 091565986 Award number: EMW-2021-FG-01362 Table of contents HCBOC 110122 ws Pg. 49 Article 1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications Article 2 General Acknowledgements and Assurances Article 3 Acknowledgement of Federal Funding from DHS Article 4 Activities Conducted Abroad Article 5 Age Discrimination Act of 1975 Article 6 Americans with Disabilities Act of 1990 Article 7 Best Practices for Collection and Use of Personally Identifiable Information Article 8 Civil Rights Act of 1964 – Title VI Article 9 Civil Rights Act of 1968 Article 10 Copyright Article 11 Debarment and Suspension Article 12 Drug-Free Workplace Regulations Article 13 Duplication of Benefits Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Article 15 Energy Policy and Conservation Act Article 16 False Claims Act and Program Fraud Civil Remedies Article 17 Federal Debt Status Article 18 Federal Leadership on Reducing Text Messaging while Driving Article 19 Fly America Act of 1974 Article 20 Hotel and Motel Fire Safety Act of 1990 Article 21 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article 22 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Article 23 Lobbying Prohibitions Article 24 National Environmental Policy Act Article 25 Nondiscrimination in Matters Pertaining to Faith-Based Organizations HCBOC 110122 ws Pg. 50 Article 26 Non-Supplanting Requirement Article 27 Notice of Funding Opportunity Requirements Article 28 Patents and Intellectual Property Rights Article 29 Procurement of Recovered Materials Article 30 Rehabilitation Act of 1973 Article 31 Reporting of Matters Related to Recipient Integrity and Performance Article 32 Reporting Subawards and Executive Compensation Article 33 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Article 34 SAFECOM Article 35 Terrorist Financing Article 36 Trafficking Victims Protection Act of 2000 (TVPA) Article 37 Universal Identifier and System of Award Management Article 38 USA PATRIOT Act of 2001 Article 39 Use of DHS Seal, Logo and Flags Article 40 Whistleblower Protection Act Article 41 Environmental Planning and Historic Preservation (EHP) Review Article 42 Applicability of DHS Standard Terms and Conditions to Tribes Article 43 Acceptance of Post Award Changes Article 44 Disposition of Equipment Acquired Under the Federal Award Article 45 Prior Approval for Modification of Approved Budget Article 46 Indirect Cost Rate Article 47 Award Performance Goals HCBOC 110122 ws Pg. 51 Article 1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications I. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency. II. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R.Part 3002. III. By accepting this agreement, recipients, and their executives, as defined in 2 C.F.R. § 170.315, certify that their policies are in accordance with OMB’s guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance. Article 2 General Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. I. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance. V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass-through entities) of federal financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to CivilRightsEvaluation@hq.dhs.gov. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs- civil-rights-evaluation-tool. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to CivilRightsEvaluation@hq.dhs.gov prior to expiration of the 30-day deadline. HCBOC 110122 ws Pg. 52 Article 3 Acknowledgement of Federal Funding from DHS Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article 4 Activities Conducted Abroad Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article 5 Age Discrimination Act of 1975 Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article 6 Americans with Disabilities Act of 1990 Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. Article 7 Best Practices for Collection and Use of Personally Identifiable Information Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively. Article 8 Civil Rights Act of 1964 – Title VI Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. HCBOC 110122 ws Pg. 53 Article 9 Civil Rights Act of 1968 Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. § 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) Article 10 Copyright Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article 11 Debarment and Suspension Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article 12 Drug-Free Workplace Regulations Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182) of Sec. 5152- 5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106). Article 13 Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. HCBOC 110122 ws Pg. 54 Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19. Article 15 Energy Policy and Conservation Act Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article 16 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.) Article 17 Federal Debt Status All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A- 129.) Article 18 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the Federal Government. Article 19 Fly America Act of 1974 Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C.) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. HCBOC 110122 ws Pg. 55 Article 20 Hotel and Motel Fire Safety Act of 1990 Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a Article 21 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute – as it applies to DHS recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons Article 22 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help- department- supported-organizations-provide-meaningful-access-people- limited and additional resources on http://www.lep.gov. Article 23 Lobbying Prohibitions Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification. Article 24 National Environmental Policy Act Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq. and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans HCBOC 110122 ws Pg. 56 Article 25 Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs. Article 26 Non-Supplanting Requirement Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources. Article 27 Notice of Funding Opportunity Requirements All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Article 28 Patents and Intellectual Property Rights Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. Article 29 Procurement of Recovered Materials States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article 30 Rehabilitation Act of 1973 Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. HCBOC 110122 ws Pg. 57 Article 31 Reporting of Matters Related to Recipient Integrity and Performance General Reporting Requirements: If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. Article 32 Reporting Subawards and Executive Compensation Reporting of first tier subawards. Recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Article 33 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials Recipients and subrecipients must comply with the Build America, Buy America Act (BABAA), which was enacted as part of the Infrastructure Investment and Jobs Act §§ 70901-70927, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring the Future is Made in All of America by All of America’s Workers. See also Office of Management and Budget (OMB), Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in Federal Financial Assistance Programs for Infrastructure. Recipients and subrecipients of federal financial assistance programs for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or HCBOC 110122 ws Pg. 58 permanently affixed to the infrastructure project. When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. (a) When the federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the OMB Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described. For awards by the Federal Emergency Management Agency (FEMA), existing waivers are available and the waiver process is described at 'Buy America' Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. For awards by other DHS components, please contact the applicable DHS FAO. To see whether a particular DHS federal financial assistance program is considered an infrastructure program and thus required to include a Buy America preference, please either contact the applicable DHS FAO, or for FEMA awards, please see Programs and Definitions: Build America, Buy America Act | FEMA.gov. Article 34 SAFECOM Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article 35 Terrorist Financing Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article 36 Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons. Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated here by reference. HCBOC 110122 ws Pg. 59 Article 37 Universal Identifier and System of Award Management Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference. Article 38 USA PATRIOT Act of 2001 Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c. Article 39 Use of DHS Seal, Logo and Flags Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article 40 Whistleblower Protection Act Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310. Article 41 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal,state and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. To access the FEMA EHP screening form and instructions, go to the DHS/FEMA website. In order to initiate EHP review of your project(s), you must complete all relevant sections of this form and submit it to the Grant Programs Directorate (GPD) along with all other pertinent project information. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. HCBOC 110122 ws Pg. 60 Article 42 Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist. Article 43 Acceptance of Post Award Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK- GMD@fema.dhs.gov if you have any questions. Article 44 Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state subrecipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state subrecipients must follow the disposition requirements in accordance with state laws and procedures. HCBOC 110122 ws Pg. 61 Article 45 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Threfore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and non-construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. Article 46 Indirect Cost Rate 2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file. Article 47 Award Performance Goals FEMA will measure the recipient’s performance of the grant by comparing the number of items requested in its application, the numbers acquired (ordered, paid, and received) within the period of performance. In order to measure performance, FEMA may request information throughout the period of performance. In its final performance report submitted at closeout, the recipient is required to report on the recipients compliance with the applicable industry, local, state and national standards described in the NOFO. HCBOC 110122 ws Pg. 62 Obligating document 1.Agreement No. EMW-2021-FG- 01362 2. Amendment No. N/A 3. Recipient No. 566000306 4. Type of Action AWARD 5. Control No. WX00671N2022T 6. Recipient Name and Address HARNETT, COUNTY OF NORTH CAROLINA 420 MCKINNEY PKWY LILLINGTON, NC 27546 7. Issuing FEMA Office and Address Grant Programs Directorate 500 C Street, S.W. Washington DC, 20528- 7000 1-866-927-5646 8. Payment Office and Address FEMA, Financial Services Branch 500 C Street, S.W., Room 723 Washington DC, 20742 9. Name of Recipient Project Officer Zachary Shean 9a. Phone No. 910- 8930710 10. Name of FEMA Project Coordinator Assistance to Firefighters Grant Program 10a. Phone No. 1-866-274- 0960 11. Effective Date of This Action 09/06/2022 12. Method of Payment OTHER - FEMA GO 13. Assistance Arrangement COST SHARING 14. Performance Period 09/13/2022 to 09/12/2024 Budget Period 09/13/2022 to 09/12/2024 15. Description of Action a. (Indicate funding data for awards or financial changes) Program Name Abbreviation Assistance Listings No. Accounting Data(ACCS Code) Prior Total Award Amount Awarded This Action + or (-) Current Total Award Cumulative Non-Federal Commitment AFG 97.044 2022-F1- GB01 - P410-xxxx- 4101-D $0.00 $427,536.36 $427,536.36 $42,753.64 Totals$0.00 $427,536.36 $427,536.36 $42,753.64 b. To describe changes other than funding data or financial changes, attach schedule and check here: N/A 16.FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) This field is not applicable for digitally signed grant agreements HCBOC 110122 ws Pg. 63 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) Zachary Shean DATE 10/04/2022 18. FEMA SIGNATORY OFFICIAL (Name and Title) PAMELA WILLIAMS, Assistant Administrator, Grant Programs DATE 09/06/2022 HCBOC 110122 ws Pg. 64 Item 10 HCBOC 110122 ws Pg. 65 HCBOC 110122 ws Pg. 66 HCBOC 110122 ws Pg. 67 HCBOC 110122 ws Pg. 68 HCBOC 110122 ws Pg. 69 HCBOC 110122 ws Pg. 70 HCBOC 110122 ws Pg. 71 HCBOC 110122 ws Pg. 72 HCBOC 110122 ws Pg. 73 HCBOC 110122 ws Pg. 74 HCBOC 110122 ws Pg. 75 HCBOC 110122 ws Pg. 76 HCBOC 110122 ws Pg. 77 HCBOC 110122 ws Pg. 78 HCBOC 110122 ws Pg. 79 HCBOC 110122 ws Pg. 80 HCBOC 110122 ws Pg. 81 HCBOC 110122 ws Pg. 82 HCBOC 110122 ws Pg. 83 HCBOC 110122 ws Pg. 84 HCBOC 110122 ws Pg. 85 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J.ERIC BOYETTE GOVERNOR SECRETARY Mailing Address: NC DEPARTMENT OF TRANSPORTATION DIVISION SIX / DISTRICT TWO POST OFFICE BOX 1150 FAYETTEVILLE, NC 28302 Telephone: (910) 364-0601 Fax: (910) 437-2529 Customer Service: 1-877-368-4968 Website: www.ncdot.gov Location: 600 SOUTHERN AVENUE FAYETTEVILLE, NC 28306 September 22, 2022 Mrs. Melissa Capps Clerk Harnett County Board of Commissioners Post Office Box 759 Lillington, North Carolina 27546 Subject: Secondary Road Addition To Whom It May Concern: This is in reference to a petition submitted to this office requesting street(s) in Harnett County be placed on the State’s Secondary Road System. Please be advised that these street(s) have been investigated and our findings are that the below listed street(s) are eligible for addition to the State System. Lafayette Meadows Long Meadow Lane Old Maple Court It is our recommendation that the above-named street(s) be placed on the State’s Secondary Road System. If you and your Board concur in our recommendation, please submit a resolution to this office. Sincerely, Christopher Jones Engineering Technician III Item 11 HCBOC 110122 ws Pg. 86 HCBOC 110122 ws Pg. 87 strong roots • new growth HARNETT COUNTY NORTH CAROLINA RESOLUTION BE IT RESOLVED that Harnett County Board of Commissioners does hereby, by proper execution of this document, request that the North Carolina Department of Transportation add to the State’s Secondary Road System the below listed streets. Lafayette Meadows: Long Meadow Lane Old Maple Court Duly adopted this 7th day of November, 2022. HARNETT COUNTY BOARD OF COMMISSIONERS _______________________________ Lewis W. Weatherspoon, Chairman ATTEST: ____________________________________ Melissa D. Capps, Clerk HCBOC 110122 ws Pg. 88 S:\Clerk to the Board docs\AGENDAS\2022\110122ws\12.1 Wellons_agenda form.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: October 17, 2022 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Zoning Change: Case # PLAN2209-0001 REQUESTED BY: Mark Locklear/ Development Services REQUEST: Landowner / Applicant: Katheryn T Medley & Jeffery B Thomas / R.P. Wellons Land & Development, LLC; 94.12 +/- acres; Pin 9691-91-1036.000; From Commercial to RA-30 Zoning District; SR # 1291 (Old US 421) ; Upper Little River Township. Development Services staff recommends denial based on the existing nonresidentially zoned parcels in the area as well as the future economic development possibilities. Additional Information: At their October 3rd meeting, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of application based immediate residential tax base that could be achieved as well as public sewer not being present in this area. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 12 HCBOC 110122 ws Pg. 89 HCBOC 110122 ws Pg. 90 HCBOC 110122 ws Pg. 91 HCBOC 110122 ws Pg. 92 HCBOC 110122 ws Pg. 93 HCBOC 110122 ws Pg. 94 HCBOC 110122 ws Pg. 95 HCBOC 110122 ws Pg. 96 HCBOC 110122 ws Pg. 97 HCBOC 110122 ws Pg. 98 HCBOC 110122 ws Pg. 99 HCBOC 110122 ws Pg. 100 STAFF REPORT Page 1 of 6 REZONING STAFF REPORT Case: PLAN 2209-0001 Jay Sikes jsikes@harnett.org Phone: (910) 893-7525 Fax: (910) 814-8278 Planning Board: October 3, 2022 County Commissioners: October 17, 2022 Requesting a Rezoning from Commercial to RA-30 Applicant Information Owner of Record: Applicant: Name: Katheryn Medley & Jeffery Thomas Name: RP Wellons Land & Development, LLC Address: 102 Winterlochen Dr Address: PO Box 730 City/State/Zip: Dunn, NC 28334 City/State/Zip: Dunn, NC 28335 Property Description PIN(s): 9691-91-1036 Acreage: 94.12 Address/SR No.: Old US 421 N. 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 110122 ws Pg. 101 STAFF REPORT Page 2 of 6 Physical Characteristics Site Description: Larger parcel is currently vacant farmland. Surrounding Land Uses: There is a variety of uses within the area including agricultural, individual low density residential lots, and several commercial uses. In total, there is approx. 188 acres of Commercial in this area. This area is ~2.5 from Lee County. Services Available Water: Public (Harnett County) Private (Well) Other: Unverified Sewer: Public (Harnett County) Private (Septic Tank) Other: unverified Transportation: Annual Daily Traffic Count: ~2,300 vehicles per day along Old 421; 9,700 along 421. Site Distances: Good HCBOC 110122 ws Pg. 102 STAFF REPORT Page 3 of 6 Zoning District Compatibility The following is a summary list of general uses, or actual permitted uses refer to the Zoning Ordinance. CURRENT REQUESTED Commercial RA-30 Parks & Rec X X Natural Preserves X X Bona Fide Farms X Single Family X Manufactured Homes, Design Regulated Manufactured Homes X Multi-Family X Institutional X Commercial Services X Retail X X Wholesale X Industrial X Manufacturing X Zoning Map Land Use Classification Compatibility ZONING LAND USE RA-30 ARR Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family X Manufactured Homes, Design Regulated X Manufactured Homes X X Multi-Family Institutional X Commercial Service X Retail X Wholesale X Industrial Manufacturing HCBOC 110122 ws Pg. 103 STAFF REPORT Page 4 of 6 Site Photographs Site Site Old US 421 S. & adjacent views Old US 421 N. & adjacent views HCBOC 110122 ws Pg. 104 STAFF REPORT Page 5 of 6 Evaluation Yes No The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. REASONING: The impact to the surrounding community is not reasonable as it is predominately zoned Commercial. Also, the impact to Hwy 421 potentially becoming I- 685 could be an economic stimulator for this area. As per discussion with Harnett County Economic Development Dept, the amount of commercially zoned property in this area could support a retail center. This site is conveniently located in between Sanford commercial areas and Lillington commercial areas (~11 miles from both). Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The majority of the property is classified as Agriculture & Rural Residential. The requested zoning to RA-30 is compatible with this land use classification. These are primarily agricultural areas and located outside of existing & future sewer service areas. However, there is Rural Center Development Node in the area and does include a portion of this property. Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The proposal does not enhance the overall general welfare of the communit. Several compatiable, non-residential uses are present in this area and the uses provided by the current zoning classification could be more appropriate for this area’s growth potential. Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: The property is adjacent to RA-30 zoned property and therefore would not need to be evaluated as a small scale rezoning. Additional Information On October 3, the Harnett County Planning Board voted unanimously (5-0) to recommend approval of this rezoning due to the immediate residential use and tax base, as well as the lack of public sewer to better support a nonresidential project. • Planning Board members discussed EM response in a rural area and internal street connections if this project moves forward. However, the main topic consisted of no new nonresidential activity in this area for a while as well and public sewer is not present which is vital to nonresidential development. • The applicant was represented by legal council, whom discussed points pertaining to the majority of the area being residentially zoned as well as the public sewer not being present nor being proposed to come to this area. • Two citizens spoke in opposition. One had overall concerns with development in this rural area, including traffic and safety concerns. The other was the farmer whom leases this parcel and spoke of farm preservation and protecting his livelihood as a farmer. Suggested Statement-of-Consistency (Staff concludes that…) As stated in the evaluation, the requested rezoning to RA-30 would not enhance the general, overall welfare of the surrounding community due to the existing nonresidential zoned parcels in the area as well as the future economic development endeavors. Therefore, it is recommended that this rezoning request be DENIED. HCBOC 110122 ws Pg. 105 STAFF REPORT Page 6 of 6 Standards of Review and Worksheet TYPICAL REVIEW STANDARDS The Planning Board shall consider and make recommendations to the County Board of Commissioners concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning Board concerning zoning districts and no proposed zoning district will receive favorable recommendation unless: Yes No A. The proposal will place all property similarly situated in the area in the same category, or in appropriate complementary categories. Yes No B. There is convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. Yes No C. There is convincing demonstration that all uses permitted under th e proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) Yes No D. There is convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. Yes No E. The proposed change is in accordance with the comprehensive plan and sound planning practices. GRANTING THE REZONING REQUEST Motion to grant the rezoning upon fi nding that the rezoning is reasonable based on All of the above findings of fact A-E being found in the affirmative and that the rezoning advances the public interest. DENYING THE REZONING REQUEST Motion to deny the rezoning upon finding that the proposed rezoning does not advance the public interest and is unreasonable due to the following: The proposal will not place all property similarly situated in the area in the same category, or in appropriate complementary categories. There is not convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of the individual or small group. There is not convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) There is not convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. The proposed change is not in accordance with the comprehensive plan and sound planning practices. The proposed change was not found to be reasonable for a small scale rezoning HCBOC 110122 ws Pg. 106 S:\Clerk to the Board docs\AGENDAS\2022\110122ws\13.1 LUP update request_agenda form.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: November 7, 2022 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Comprehensive Land Use Plan Update REQUESTED BY: Mark Locklear/ Development Services REQUEST: Harnett County Development Services is requesting to update the Grow Harnett County 2015 Comprehensive Plan. The plan will assess current and emerging conditions in order to develop land use concepts and policies for coherent growth. A consulting firm will be chosen to assess inventory, analyze the data, and synthesize the information to form the essential comprehensive plan elements: Land Use, Transportation, Infrastructure, Economic Development, and Affordable Housing. The consultants, with direction from the County and its residents, will engage the community in a participatory process; facilitate public meetings; prepare the proposed plan for review by County departments and elected officials; and, based on collective information and input, finalize the updated Comprehensive Plan. County Commissioners will adopt the Comprehensive Plan in order to provide direction to County officials, staff, residents, businesses, and the development community to implement the County’s goals. Funding: Approximatley $300,000 project cost from Fund Balance appropriation. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 13 HCBOC 110122 ws Pg. 107 Development Services Department www.harnett.org PO Box 65 108 E. Front St. Lillington, NC 27546 Ph: 910-893-7525 Fax: 910-814-6459 Comprehensive Land Use Plan Update I. Purpose A comprehensive land use plan guides coordinated, efficient, and orderly development within the planning and development regulation jurisdiction based on an analysis of present and future needs. Furthermore, it represents the vision of the jurisdiction by defining long-range goals and objectives for all activities that affect the local government. II. Functions of the Land Use Plan o Establishes continuity o Balances competing private interests o Protects public investments and valued resources o Provides guidance for shaping the appearance of the community o Promotes economic development o Provides justification for decisions o Provides citizens the opportunity to brainstorm, debate, and discuss the future of their community III. Existing Themes from the Grow Harnett County Comprehensive Plan 2015 – To Be Updated o Land Use o Transportation o Public Utilities o Parks and Natural Resources o Economic Development III. New Themes to Consider o Housing – Analysis of Market, and Affordable Housing o County Jetport o Growth Capacity o Regional / Inter-Jurisdiction Coordination IIII. Timeline o The current approximate timeline for the Harnett County Comprehensive Plan Update is 13 months, from January 2023 – February 2024. HCBOC 110122 ws Pg. 108 Harnett County Updates Harnett County Comprehensive Plan Update HCBOC 110122 ws Pg. 109 Harnett County Updates Harnett County: Plans & Studies 1977 1987 1999 2015 HCBOC 110122 ws Pg. 110 •The Vision of how Harnett County should grow. •Sets forth goals, policies, and programs intended to guide the present and future physical, social, and economic development of the jurisdiction. •Another avenue to encourage public involvement. •Creates text and maps to designate the future use or reuse of land. •NC General Statutes required Comprehensive Land Use Plan HCBOC 110122 ws Pg. 111 Existing Themes to be Updated •Transportation •Public Utilities •Parks & Natural Resources •Economic Development •Land Use map HCBOC 110122 ws Pg. 112 New Themes to Consider •Housing •Existing Market Analysis •Affordable Housing •County Jetport •Growth Capacity •Regional/ Inter-Jurisdiction Coordination HCBOC 110122 ws Pg. 113 Potential Timeline HCBOC 110122 ws Pg. 114 Harnett County Updates Questions? “Those who plan do better than those who do not plan even though they rarely stick to their plan.” -Winston Churchill, British Prime Minister HCBOC 110122 ws Pg. 115 C:\Users\afouts\Desktop\ARPA\compliance\HC policies\Agenda Item - ARPA Property Management Policy.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: November 7, 2022 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: ARPA/CSLFRF Property Management Policy REQUESTED BY: County Manager's Office (Ally Fouts) REQUEST: The ARPA/CSLFRF Property Management Policy is one of a few policies that the County should adopt in order to ensure that all projects utilizing American Rescue Plan Act/Coronavirus State and Local Fiscal Recovery Fund (ARPA/CSLFRF) monies will be implemented in compliance with federal Uniform Guidance requirements. This policy specifically establishes standards in relation to property that is purchased with ARP/CSLFRF funds. The main reason we are requesting approval of this policy is to ensure the VIPER radios for emergency response staff are purchased and managed properly. These radios are considered "equipment" within this policy, referred to in section IV. The federal Uniform Guidance requires that Harnett County retains the title to the VIPER radios throughout the term of ARPA/CSLFRF funding (until December 31, 2026). The provision about Leasing Equipment will allow the County to lease all VIPER radios, and related equipment, to local fire departments during the award term. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 14 HCBOC 110122 ws Pg. 116 County of Harnett ARP/CSLFRF Property Management Policy Effective November 7, 2022 I. POLICY OVERVIEW Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, commonly called Uniform Guidance (UG), specifically Subpart D, details post award requirements related to property management of property acquired or updated, in whole or in part, with funds from the Coronavirus State and Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 (ARP/CSLFRF). 2 CFR 200.311 through 2 CFR 200.316 detail property standards related to the expenditure of ARP/CSLFRF funds. The County of Harnett (hereinafter referred to as the “County”) shall adhere to all applicable property standards, as detailed below. II. DEFINITIONS The definitions in 2 CFR 200.1 apply to this policy, including the following: Computing devices: machines used to acquire, store, analyze, process, and publish data and other information electronically, including accessories (or “peripherals”) for printing, transmitting and receiving, or storing electronic information. See also the definitions of supplies and information technology systems in this section. Equipment: tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds the lesser of the capitalization level established by the County for financial statement purposes, or $5,000. Information technology systems: computing devices, ancillary equipment, software, firmware, and similar procedures, services (including support services), and related resources. See also the definitions of computing devices and equipment in this Section. HCBOC 110122 ws Pg. 117 Intangible property: property having no physical existence, such as trademarks, copyrights, patents and patent applications and property, such as loans, notes and other debt instruments, lease agreements, stock and other instruments of property ownership (whether the property is tangible or intangible). Personal property: property other than real property. It may be tangible, having physical existence, or intangible. Property: real property or personal property. Real property: land, including land improvements, structures and appurtenances thereto, but excludes moveable machinery and equipment. Supplies: all tangible personal property other than those described in the definition of equipment in this Section. A computing device is a supply if the acquisition cost is less than the lesser of the capitalization level established by the County for financial statement purposes or $5,000, regardless of the length of its useful life. See also the definitions of computing devices and equipment in this Section. III. REAL PROPERTY Title to Real Property: Title to real property acquired or improved with ARP/CSLFRF funds vests with the County. 2 CFR 200.311(a). Use of Real Property: Real property acquired or improved with ARP/CSLFRF funds must be used for the originally authorized purpose as long as needed for that purpose, during which time the County must not dispose of or encumber its title or other interests. 2 CFR 200.311(b). Insurance of Real Property: The County must provide the equivalent insurance coverage for real property acquired or improved with ARP/CSLFRF funds as provided to property owned by the County. 2 CFR 200.310. Disposition of Real Property: When the County no longer needs real property purchased with ARP/CSLFRF for ARP/CSLFRF purposes, the County must obtain disposition instructions from US Treasury. The instructions must provide for one of the following alternatives: 1. The County retains title after compensating US Treasury. The amount paid to US Treasury will be computed by applying US Treasury’s percentage of participation in the cost of the original purchase (and costs of any improvements) to the fair market value of the property. However, in those situations where the County is disposing of real property acquired or improved with ARP/CSLFRF funds and acquiring replacement real property under the ARP/CSLFRF, the net proceeds from the disposition may be used as an offset to the cost of the replacement property. 2. The County sells the property and compensates US Treasury. The amount due to US Treasury will be calculated by applying US Treasury’s percentage of participation in the cost of the original purchase (and cost of any improvements) to the proceeds of the sale after deduction of any actual and reasonable selling and fixing-up expenses. If the HCBOC 110122 ws Pg. 118 ARP/CSLFRF award has not been closed out, the net proceeds from sale may be offset against the original cost of the property. When the County is directed to sell property, sales procedures must be followed that provide for competition to the extent practicable and result in the highest possible return. 3. The County transfers title to US Treasury or to a third party designated/approved by US Treasury. The County is entitled to be paid an amount calculated by applying the County’s percentage of participation in the purchase of the real property (and cost of any improvements) to the current fair market value of the property. 2 CFR 200.311(c). IV. EQUIPMENT Title to Equipment: Title to equipment acquired or improved with ARP/CSLFRF funds vests with the County. 2 CFR 200.313(a). Leasing Equipment: Equipment procured by the County with ARP/CSLFRF funds may be leased by outside entities to be used for its intended purpose. Any leasing entities must be compliant with federal guidelines, as evidenced by a written leasing agreement. Use of Equipment: The County must use equipment acquired with ARP/CSLFRF funds for the project for which it was acquired as long as needed, whether or not the project continues to be supported by the ARP/CSLFRF award, and the County must not encumber the property without prior approval of US Treasury. 2 CFR 200.313(a)(1)-(2). When no longer needed for the original project, the equipment may be used in other activities supported by a Federal awarding agency, in the following order of priority: 1. Activities under a Federal award from the Federal awarding agency which funded the original project, then 2. Activities under Federal awards from other Federal awarding agencies. This includes consolidated equipment for information technology systems. 2 CFR 200.313(c)(1). During the time that equipment is used on the project for which it was acquired, the County must also make equipment available for use on other projects or programs currently or previously supported by the Federal Government, provided that such use will not interfere with the work on the project for which it was originally acquired. First preference for other use must be given to other programs or projects supported by US Treasury and second preference must be given to programs or projects under Federal awards from other Federal awarding agencies. Use for non- federally-funded programs or projects is also permissible. User fees should be considered if appropriate. 2 CFR 200.313(c)(2). Noncompetition: The County must not use equipment acquired with the ARP/CSLFRF funds to provide services for a fee that is less than private companies charge for equivalent services unless specifically authorized by Federal statute for as long as the Federal Government retains an interest in the equipment. 2 CFR 200.313(c)(3). Replacement Equipment: When acquiring replacement equipment, the County may use the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property. 2 CFR 200.313(c)(4). HCBOC 110122 ws Pg. 119 Management of Equipment: The County will manage equipment (including replacement equipment) acquired in whole or in part with ARP/CSLFRF funds according to the following requirements. 1. The County will maintain sufficient records that include a) a description of the property, b) a serial number or other identification number, c) the source of funding for the property (including the Federal Award Identification Number (FAIN)), d) who holds title, e) the acquisition date, f) cost of the property, g) percentage of Federal participation in the project costs for the Federal award under which the property was acquired, h) the location, use, and condition of the property, and i) any ultimate disposition data including the date of disposal and sale price of the property. 2. The County will conduct a physical inventory of the property and reconcile results with its property records at least once every two years. 3. The County will develop a control system to ensure adequate safeguards to prevent loss, damage, or theft of the property. Any loss, damage, or theft will be investigated by the County. 4. The County will develop and implement adequate maintenance procedures to keep the property in good condition. 5. If the County is authorized or required to sell the property, it will establish proper sales procedures to ensure the highest possible return, in accordance with state and federal law. Insurance of Equipment: The County must provide the equivalent insurance coverage for equipment acquired or improved with ARP/CSLFRF funds as provided to property owned by the County. 2 CFR 200.310. Disposition of Equipment: When the equipment is no longer needed for its original ARP/CSLFRF purpose, the County may either make the equipment available for use in other activities funded by a Federal agency, with priority given to activities funded by US Treasury, dispose of the equipment according to instructions from US Treasury, or follow the procedures below. 2 CFR 200.313(e). 1. Equipment with a per-item fair market value of less than $5,000 may be retained, sold or transferred by the County, in accordance with state law, with no additional responsibility to US Treasury; 2. If no disposal instructions are received from US Treasury, equipment with a per-item fair market value of greater than $5,000 may be retained or sold by the County. The County HCBOC 110122 ws Pg. 120 must establish proper sales procedures, in accordance with state law, to ensure the highest possible return. The County must reimburse US Treasury for its federal share. Specifically, US Treasury is entitled to an amount calculated by multiplying the current market value or proceeds from sale by the ARP/CSLFRF funding percentage of participation in the cost of the original purchase. If the equipment is sold, US Treasury may permit the County to deduct and retain from the Federal share $500 or ten percent of the proceeds, whichever is less, for its selling and handling expenses. 3. Equipment may be transferred to US Treasury or to a third-party designated by US Treasury in return for compensation to the County for its attributable compensation for its attributable percentage of the current fair market value of the property. V. SUPPLIES Title to Supplies. Title to supplies acquired with ARP/CSLFRF funds vests with the County upon acquisition. 2 CFR 200.314(a). Use and Disposition of Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the ARP/CSLFRF project and the supplies are not needed for any other Federal award, the County must retain the supplies for use on other activities or sell them, but must, in either case, compensate the Federal Government for its share. The amount of compensation must be computed in the same manner as for equipment. 2 CFR 200.314(a). Noncompetition. As long as the Federal Government retains an interest in the supplies, the County must not use supplies acquired under the ARP/CSLFRF to provide services to other organizations for a fee that is less than private companies charge for equivalent services, unless specifically authorized by Federal statute. 2 CFR 200.314(b). VI. PROPERTY TRUST RELATIONSHIP Real property, equipment, and intangible property, that are acquired or improved with ARP/CSLFRF funds must be held in trust by the County as trustee for the beneficiaries of the project or program under which the property was acquired or improved. US Treasury may require the County to record liens or other appropriate notices of record to indicate that personal or real property has been acquired or improved with a Federal award and that use and disposition conditions apply to the property. 2 CFR 200.316. VII. IMPLEMENTATION OF POLICY The ARP/CSLFRF Management Team shall adopt procedures to track all real property, equipment, and supplies (collectively, property) acquired or improved in whole or in part with ARP/CSLFRF funds. At a minimum, those procedures must address the following:  Ensure proper insurance of property  Document proper use of property  Working with the Finance Officer, record and maintain required data records for equipment HCBOC 110122 ws Pg. 121  Conduct periodic inventories of equipment, at least every two years  Create processes for replacement and disposition of property  Establish other internal controls to safeguard and properly maintain property HCBOC 110122 ws Pg. 122 S:\Clerk to the Board docs\AGENDAS\2022\110122ws\15.1 Request to adopt a resolution supporting a speed limit reduction agendaform2022.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: November 7, 2022 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Request for Resolution requesting the NCDOT consider a spped limit reduction on SR 1289 (Seminole Road) from Town of Broadway REQUESTED BY: Brent Trout, County Manager REQUEST: The Town Board of the Town of Broadway adopted a resolution on August 22, 2022 requesting the North Carolina Department of Transportation consider a speed limit reduction on SR 1289 (Seminole Road)Town of Broadway and has requested the Harnett County Board of Commissioners consider adopting a similar resolution supporting their request. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 15 HCBOC 110122 ws Pg. 123 strong roots • new growth RESOLUTION REQUESTING THE NORTH CAROLINA DEPARTMENT OF TRANSPORTATION TO CONSIDER A SPEED LIMIT REDUCTION ON SR 1289 (SEMINOLE ROAD) WHEREAS, The Town Board of the Town of Broadway adopted a resolution on August 22, 2022 requesting the North Carolina Department of Transportation consider a speed limit reduction on SR 1289 (Seminole Road); and WHEREAS, The Town Board has requested the Harnett County Board of Commissioners adopt a similar resolution supporting their request for consideration of a speed limit reduction on SR 1289 (Seminole Road); and WHEREAS, The Harnett County Board of Commissioners recognize that Seminole Road is a main corridor connecting the Town of Broadway to US Hwy 421; and WHEREAS, The Harnett County Board of Commissioners recognize that the current speed limit on Seminole Road is 55 MPH; and WHEREAS, The Harnett County Board of Commissioners recognize that the current residential growth along Seminole Road has increased significantly; and WHEREAS, The Harnett County Board of Commissioners understand that there is a proposed development along Seminole Road in which Phase 1 includes forty-four homes with a potential of four hundred plus homes when built out; and WHEREAS, The Harnett County Board of Commissioners is concerned that the traffic volume traveling along Seminole Road will only continue to increase; and WHEREAS, The Harnett County Board of Commissioners is concerned that the new residential growth along with increased traffic volume along Seminole Road creates a potential safety issue for residents and motorists along Seminole Road. NOW, THERFORE, BE IT RESOLVED, by the Harnett County Board of Commissioners, we would formally request the North Carolina Department of Transportation to consider reducing the speed limit from 55 MPH to 35 MPH on Seminole Road. ADOPTED, this ____ day of November 2022. HARNETT COUNTY BOARD OF COMMISSIONERS _______________________________ Lewis W. Weatherspoon, Chairman ATTEST: ____________________________________ Melissa D. Capps, Clerk HCBOC 110122 ws Pg. 124 S:\Clerk to the Board docs\AGENDAS\2022\110122ws\16.1 Sheriff Salary Adjustment Request agendaform2022.docx Page 1 of 2 Board Meeting Agenda Item MEETING DATE: November 7, 2022 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Sheriff's Office Salary Adjustment Request REQUESTED BY: Sheriff Wayne Coats and County Manager Brent Trout REQUEST: The Sheriff's Office is requesting a salary increase for selected staff categories in amount of 5% on November 16, 2022 and 5% on March 16, 2022. The categories impacted by the increase are the Deputy Sheriff, Sergeant Deputies, Detective Deputies, School Resource Officers, Dentention Center, Detention Assistant Shift Supervisor, Booking Intake Technician, Telecuminicator, Telecommunications Shift Supervisor. The Sheriff's Office currently has 42 vacancies in the following areas: Sheriff Admin: 5 vacant Detective positions 4 vacant Deputy Sheriff positions (patrol division) School Resource Officers: 9 vacant Deputy Sheriff positions Detention Center: 13 vacant Detention Officer positions 1 vacant Detention Center Administrator position 1 vacant Detention Assistant Shift Supervisor position 1 vacant Booking Intake Technician positions Communications: 6 vacant Telecommunicator positions 1 vacant Telecommunications Shift Supervisor position 1 vacant Communications Manager position The current starting salary for the primary postions in Harnett county are: Deputy Sheriff 41997.00 Detention Officer 36289.00 Telecommunicator I 38092.00 Item 16 HCBOC 110122 ws Pg. 125 S:\Clerk to the Board docs\AGENDAS\2022\110122ws\16.1 Sheriff Salary Adjustment Request agendaform2022.docx Page 2 of 2 The current environment for recruiting staff to fill the vacancies listed above is very challenging. The current starting pay is considered an issue for recruiting staff. A recent call to neighboring counties revealed that our starting salaries are below Chatham, Cumberland, Johnston and Lee counties. Our starting salaries are higher than Sampson County. The percentage below other counties ranges from around 5% lower to 23% lower. The proposed increase would move us higher than all but Johnston County. The November 5% increase would cost approximately $401,128.20 against our FY 23 budget and the 5% increase in March would cost $196,385.36 against our FY 23 budget. The total cost in FY 23 for this increase is approximately $597,513.56. The impact of this salary increase in the FY 24 budget will be an increase of $1,324,508. The current budget has available fund balance that can cover this mid-year budget increase. Staff is currently preparing an RFP for conducting a Compensation Study in 2023. The approval of this salary increase is an advance increase based on best available knowledge of other counties current salary numbers similar to what will occur from the completion of the study. We will be utilizing the compensation study information to consider increases for other positions once the study is complete. The Sheriff's Office requests approval of a salary increase on select positions in the amount of 5% on November 16, 2022 and an additional 5% on March 16, 2022. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: HCBOC 110122 ws Pg. 126 S:\Clerk to the Board docs\AGENDAS\2022\110122ws\17.1 Classified Scale Request to Board - AGENDA.docx Page 1 of 2 Board Meeting Agenda Item MEETING DATE: November 7, 2022 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Harnett County Schools - Classified Pay Scale Discussion REQUESTED BY: Kimberly Honeycutt, Finance Officer REQUEST: Request that the Harnett County Board of Commissioners approve the implementation of a decompressed pay scale for Harnett County Schools and the additional funding needed for implementation. Background: •As required by law (Session Law 2022-74), all classified school employees are required to receive an increase to $15 per hour or 4%, whichever is the greater for the 2022-23 school year. •As such, the Harnett County Schools approved a compressed classified pay scale on September 12, 2022 to be effective July 1, 2022 to meet this requirement. •Because the County is responsible for a portion of the funding of classified positions, the schools approved a compressed scale until further discussions could be held with the Harnett County Board of Commissioners. o A compressed scale means that many grades/classifications are paid the same, with no differentiation between job responsibilities. For example, a custodian supervisor or cafeteria manager could earn the same pay as the custodian or cafeteria worker they supervise. •The attached Options for HCS Classified Scale FY23 proposes four options based upon a compressed or decompressed approach for implementing this law. o A compressed classified scale will allow the schools to meet the minimum requirements of the law (employees receive an increase to $15 per hour or 4%, whichever is greater). o A decompressed classified scale will allow the schools to meet the requirements of the law but take it a step further. The plan would allow for the implementation of the $15 per hour but would also allow increases as the grades/job responsibilities increase and steps for “experience” and would prevent “compression” issues in the future. o To address this issue, the Harnett County Schools have requested the use of current year county expansion funding ($740,985), additional funding from the county and use of the school’s fund balance. The attached Options for HCS Classified Scale FY23 identifies the funding impact of each approach for the 2023 and 2024 fiscal years. Item 17 HCBOC 110122 ws Pg. 127 S:\Clerk to the Board docs\AGENDAS\2022\110122ws\17.1 Classified Scale Request to Board - AGENDA.docx Page 2 of 2 Recommendation: •It is requested that the Harnett County Board of Commissioners consider approving the Decompressed Scale, Option 3. •If approved, the following funding is requested: o Fiscal Year 2023: Allow the Harnett County Schools to use all expansion funding already provided by the County through current expense funding; Provide an additional $700,000 in current expense funding to the schools (requires approval of attached budget amendment to appropriate fund balance); and Harnett County schools would use $700,000 of their fund balance. o Fiscal Year 2024: Harnett County would increase the current expense appropriation to the schools by $850,000 (continues support of $700,000 and provides $150,000 for progressing through the grades and steps for experience). FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: HCBOC 110122 ws Pg. 128 HCBOC 110122 ws Pg. 129 Item 18 HCBOC 110122 ws Pg. 130 HCBOC 110122 ws Pg. 131 HCBOC 110122 ws Pg. 132 HCBOC 110122 ws Pg. 133 HCBOC 110122 ws Pg. 134 HCBOC 110122 ws Pg. 135 HCBOC 110122 ws Pg. 136 HCBOC 110122 ws Pg. 137 HCBOC 110122 ws Pg. 138 HCBOC 110122 ws Pg. 139 HCBOC 110122 ws Pg. 140 HCBOC 110122 ws Pg. 141 HCBOC 110122 ws Pg. 142 HCBOC 110122 ws Pg. 143 HCBOC 110122 ws Pg. 144 HCBOC 110122 ws Pg. 145 HCBOC 110122 ws Pg. 146 HCBOC 110122 ws Pg. 147 HCBOC 110122 ws Pg. 148 HCBOC 110122 ws Pg. 149 HCBOC 110122 ws Pg. 150 HCBOC 110122 ws Pg. 151 HCBOC 110122 ws Pg. 152 HCBOC 110122 ws Pg. 153 HCBOC 110122 ws Pg. 154 HCBOC 110122 ws Pg. 155 HCBOC 110122 ws Pg. 156 HCBOC 110122 ws Pg. 157 HCBOC 110122 ws Pg. 158 HCBOC 110122 ws Pg. 159 HCBOC 110122 ws Pg. 160 HCBOC 110122 ws Pg. 161 HCBOC 110122 ws Pg. 162 HCBOC 110122 ws Pg. 163 HCBOC 110122 ws Pg. 164 Board Meeting Agenda Item MEETING DATE: November 7, 2022 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Acceptance of Grant Funds from NC DHHS REQUESTED BY: Sheriff Wayne Coats REQUEST: The Harnett County Sheriff's Office is requesting approval for the County of Hamett to accept grant funds awarded from the North Carolina Department of Health and Human Services. Specific grant funding sought for funding priority of COVID-19 Support for County Confinement Facilities. The grant award is for a funding period of June 1, 2022 through May 31, 2024 for an amount of $47,000 annually and $94,000 for the entire project over a 2-year period. Grant funds applied are to purchase COVID-19 testing kits for the local county jail. No local or match funding required. -la---------------------------------FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\Users�wstrickland\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\ODM95RLC\agendaform2022.docx Page I of I Item 19 HCBOC 110122 ws Pg. 165 HCBOC 110122 ws Pg. 166 HCBOC 110122 ws Pg. 167 HCBOC 110122 ws Pg. 168 HCBOC 110122 ws Pg. 169 HCBOC 110122 ws Pg. 170 HCBOC 110122 ws Pg. 171 HCBOC 110122 ws Pg. 172 HCBOC 110122 ws Pg. 173 HCBOC 110122 ws Pg. 174 HCBOC 110122 ws Pg. 175 HCBOC 110122 ws Pg. 176 HCBOC 110122 ws Pg. 177 HCBOC 110122 ws Pg. 178 HCBOC 110122 ws Pg. 179 HCBOC 110122 ws Pg. 180 HCBOC 110122 ws Pg. 181 HCBOC 110122 ws Pg. 182 HCBOC 110122 ws Pg. 183 HCBOC 110122 ws Pg. 184 HCBOC 110122 ws Pg. 185 HCBOC 110122 ws Pg. 186 HCBOC 110122 ws Pg. 187 HCBOC 110122 ws Pg. 188 HCBOC 110122 ws Pg. 189 HCBOC 110122 ws Pg. 190 HCBOC 110122 ws Pg. 191 HCBOC 110122 ws Pg. 192 HCBOC 110122 ws Pg. 193 HCBOC 110122 ws Pg. 194 HCBOC 110122 ws Pg. 195 HCBOC 110122 ws Pg. 196 HCBOC 110122 ws Pg. 197 HCBOC 110122 ws Pg. 198 HCBOC 110122 ws Pg. 199 Item 20 HCBOC 110122 ws Pg. 200 HCBOC 110122 ws Pg. 201 HCBOC 110122 ws Pg. 202 HCBOC 110122 ws Pg. 203 HCBOC 110122 ws Pg. 204 HCBOC 110122 ws Pg. 205 HCBOC 110122 ws Pg. 206 HCBOC 110122 ws Pg. 207 HCBOC 110122 ws Pg. 208 HCBOC 110122 ws Pg. 209 HCBOC 110122 ws Pg. 210 HCBOC 110122 ws Pg. 211