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HomeMy WebLinkAbout022823 ws packetWORK SESSION AGENDA Date: Tuesday, February 28, 2023 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 Matt Nicol 2.Pledge of Allegiance and Invocation – Vice Chairman William Morris 3.Discuss a request to accept an extension for the Edward Byrne Memorial Justice Assistance Grantin the amount of $24,027.00 that expires 06/30/2023; Sheriff’s Office 4.Discuss a request to accept the Edward Byrne Memorial Justice Assistance Grant in the amount of$22,856.00; Sheriff’s Office 5.Discuss a Capital Project Ordinance funded by a $630,000 State Capital Infrastructure Grant and$192,500 from the Parks Capital Reserve Fund. Capital Project Ordinance includes the renovationand monumentalizing of the Old Boone Trail School Entryway, the creation of mountain bikingtrails and associated amenities at Anderson Creek Park, construction of new restroom facilities atPatriots Park and replacement and development of Phase 1 of the Benhaven Community Park;Carl Davis, Parks and Recreation Director 6.Discuss additional WIC Client Services Funding; John Rouse, Health Director 7.Discuss the Award of North West Harnett Elementary School Utility Extension ProjectConstruction Contract; Steve Ward, Harnett Regional Water Director 8.Discuss Nonprofit Funding Agreements ($1.5 Million State Appropriations); Ally Fouts, Lead forNorth Carolina Fellow 9.Discuss Grower’s Market; Lynn Lambert; Soil and Water Director 10.Discuss Cooperative Extension’s donation of van to Harnett PAL; Tim Mathews, CooperativeExtension Director 11.Discuss tipping fees for Habitat for Humanity; Chad Beane, Solid Waste Director 12.Discuss the appointment of Chance Torain to the Stop Arm Appeals Board to replace Larry SmithJr. as the County employee board member; Christopher Appel, Senior Staff Attorney 13.Discuss the Resolution for the Execution of Opioid Settlements and Supplemental Agreementrelating to Opioid Litigation; Christopher Appel, Senior Staff Attorney 14.Discuss a Resolution to revise the Harnett County Jetport Committee name and amend theJetport Committee Bylaws; Christopher Appel, Senior Staff Attorney HCBOC 022823 ws Pg. 1 Harnett County Board of Commissioners Page | 2 15. Discuss advertisement of a lease of county property for a billboard; Thomas Royer, Assistant Staff Attorney 16. Discuss contract to audit County finances for Fiscal Year 2023; Kimberly Honeycutt; Finance Officer 17. Discuss moving Board Meetings to two times a month; Chairman Matt Nicol 18. Review applications to serve on Boards and Committees. 19. County Manager’s Report - Brent Trout, County Manager • Discuss July 3, 2023 Board Meeting • March 6, 2023 Regular Meeting Agenda Review • Upcoming meetings and invitations 20. Closed Session 21. Adjourn CONDUCT OF THE FEBRUARY 28, 2023 MEETING Live audio of the meeting will be streamed on the Harnett County Government’s YouTube Channel at https://www.youtube.com/channel/UCU7mTF6HTD65x_98EhAMeMg/featured. HCBOC 022823 ws Pg. 2 Board Meeting Agenda Item MEETING DA TE: February 6, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Edward Byrne Memorial Justice Assistance Grant REQUESTED BY: Sheriff Office ll}l!t REQUEST: The Sherifrs Office requests permission to accept an extension for the Edward Byrne Memorial Justice Assistance Grant in the amount of$ 24,027.00 that expires 06/30/2023. The funds will be used to purchase laptops/tablets for the Sherifrs Office and computer equipment for the Sheriffs Office. The original Grant request was approved by the board on 12/06/2021. An extension for this grant was applied for and approved. The agency was unable to complete the funding initiatives outlined in the grant due to other projects and pending priorities. There are no matching funds required for this grant. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: C:\U sers\drbyrd\Desktop\Grant Info\2021 Edward Byrne.docx 1 of I Page Item 3 HCBOC 022823 ws Pg. 3 HCBOC 022823 ws Pg. 4 HCBOC 022823 ws Pg. 5 HCBOC 022823 ws Pg. 6 HCBOC 022823 ws Pg. 7 HCBOC 022823 ws Pg. 8 HCBOC 022823 ws Pg. 9 HCBOC 022823 ws Pg. 10 HCBOC 022823 ws Pg. 11 HCBOC 022823 ws Pg. 12 HCBOC 022823 ws Pg. 13 HCBOC 022823 ws Pg. 14 HCBOC 022823 ws Pg. 15 HCBOC 022823 ws Pg. 16 HCBOC 022823 ws Pg. 17 HCBOC 022823 ws Pg. 18 HCBOC 022823 ws Pg. 19 HCBOC 022823 ws Pg. 20 HCBOC 022823 ws Pg. 21 HCBOC 022823 ws Pg. 22 HCBOC 022823 ws Pg. 23 HCBOC 022823 ws Pg. 24 HCBOC 022823 ws Pg. 25 HCBOC 022823 ws Pg. 26 HCBOC 022823 ws Pg. 27 HCBOC 022823 ws Pg. 28 HCBOC 022823 ws Pg. 29 HCBOC 022823 ws Pg. 30 HCBOC 022823 ws Pg. 31 HCBOC 022823 ws Pg. 32 HCBOC 022823 ws Pg. 33 HCBOC 022823 ws Pg. 34 HCBOC 022823 ws Pg. 35 HCBOC 022823 ws Pg. 36 HCBOC 022823 ws Pg. 37 Item 4 HCBOC 022823 ws Pg. 38 HCBOC 022823 ws Pg. 39 HCBOC 022823 ws Pg. 40 HCBOC 022823 ws Pg. 41 HCBOC 022823 ws Pg. 42 HCBOC 022823 ws Pg. 43 HCBOC 022823 ws Pg. 44 HCBOC 022823 ws Pg. 45 HCBOC 022823 ws Pg. 46 HCBOC 022823 ws Pg. 47 HCBOC 022823 ws Pg. 48 HCBOC 022823 ws Pg. 49 HCBOC 022823 ws Pg. 50 HCBOC 022823 ws Pg. 51 HCBOC 022823 ws Pg. 52 HCBOC 022823 ws Pg. 53 HCBOC 022823 ws Pg. 54 S:\Clerk to the Board docs\AGENDAS\2023\022823 ws\5.1 Capital Project for Parks Improvements agendaform.02.20.2023.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: March 6, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Capital Project for Parks Improvements REQUESTED BY: Parks and Recreation REQUEST: Parks and Recreation requests the approval of the Project Ordinance for renovation and construction of several projects identified in the Capital Improvements Program. The Project Ordinance includes the renovation and monumentalizing of the Old Boone Trail School Entryway, the creation of mountain biking trails and associated amenities at Anderson Creek Park, construction of new restroom facilities at Patriots Park and replacement and development of phase 1 of the Benhaven Community Park. Funding for this Project Ordinance comes from a State Capital Infrastructure Grant in the amount of $630,000 and $192,500 transferred from the Parks Capital Reserve Fund. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 5 HCBOC 022823 ws Pg. 55 Section 1. Section 2. The following expenditures are hereby appropriated for this project: Original Ordinance Old Boone Trail School Monument 135,000$ Anderson Creek Park Phase 2 235,000 Patriots Park Restroom Facility 210,000 Benhaven Community Park 242,500 Total 822,500$ Section 3.The following revenues are hereby appropriated for this project: Original Ordinance Interfund Transfer - Parks Capital Reserve 192,500$ SCIF State Grant 630,000 Total 822,500$ Section 4. day of , 2023. Matthew B. Nicol, Chairman Harnett County Board of Commissioners ATTEST: Melissa Capps, Clerk to the Board Duly adopted this BE IT ORDAINED by the Board of Commissioners of Harnett County,North Carolina,sitting as the governing board for Harnett County. This project consists of the renovation and construction of several projects identified in the Capital Improvements Program.The activities will include the renovation and monumentalizing of the Old Boone Trail School Entryway,the creation of mountain biking trails and associated amenities at Anderson Creek Park,the construction of new restroom facilities at the Patriots Park and the replacement and construction of ballfield fencing at the newly developed Benhaven Community Park. A State Capital Infrastructure Grant (S.L.2021.180)administered through OSBM will provide the funding for this project as well as a transfer from the Parks Capital Reserve Fund. PARK IMPROVEMENTS CAPITAL PROJECT ORDINANCE Copies of this capital project ordinance shall be furnished to the Clerk to the Board,the Budget Officer and the Finance Officer for direction in carrying out this project. HCBOC 022823 ws Pg. 56 Item 6 HCBOC 022823 ws Pg. 57 HCBOC 022823 ws Pg. 58 HCBOC 022823 ws Pg. 59 HCBOC 022823 ws Pg. 60 HCBOC 022823 ws Pg. 61 HCBOC 022823 ws Pg. 62 HCBOC 022823 ws Pg. 63 HCBOC 022823 ws Pg. 64 S:\Clerk to the Board docs\AGENDAS\2023\022823 ws\7.1 Sewer Lift Station & Force Main Bid Award for Eberhart Construction, Inc. Agenda Request 2-20-23.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: March 6, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Award of North West Harnett Elementary School Utility Extension Project Construction Contract REQUESTED BY: Steve Ward, HRW Director REQUEST: This is a formal request for the Board to award the sewer lift station and force main construction contract for the above-reference project to Eberhart Construction, Inc. from Willow Springs, NC in the amount of $846,720. The bid was held on Thursday, February 16th, 2023 and five bids were received at that time. Attached is a letter of recommendation from the engineering consultants on the project, LKC Engineering, PLLC. Also attached is the certified bid tab showing the detailed results of the bid for your review. Please place this item on the agenda for the next available meeting. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 7 HCBOC 022823 ws Pg. 65 S:\Clerk to the Board docs\AGENDAS\2023\022823 ws\7.1 Sewer Lift Station & Force Main Bid Award for Eberhart Construction, Inc. Agenda Request 2-20-23.docx Page 2 of 2 HCBOC 022823 ws Pg. 66   _____________________________ LKC Engineering, PLLC, 140 Aqua Shed Court, Aberdeen, North Carolina 28315 PH: 910/420-1437 * FAX: 910/637-0096 * License No. P-1095     February 20th, 2023    Mr. Steve Ward  Director  Harnett Regional Water  700 McKinney Pkwy  Lillington, NC 27546    Re: Harnett County   NW Harnett Elementary School – Offsite Utilities – Sewer   Engineer’s Recommendation to Award        Dear Mr. Ward:    Bids were received for the NW Harnett Elementary School – Offsite Utilities – Sewer project on  Thursday, February 16th, 2023 at 2:00 pm. The project consists of the construction of a sanitary sewer lift  station, approximately 3,350 L.F. of 4‐inch force main, and 110 L.F. of gravity sewer to serve the new  NW Harnett Elementary School.    Five bids were received and accepted as summarized below:       CONTRACTOR LOCATION BID AMOUNT  Eberhart Construction, Inc. Willow Springs, NC $846,720.00  ELJ, Inc. Jacksonville, NC $866,750.00  Sanford Contractors, Inc. Sanford, NC $1,126,493.96  Allen Grading Company Goldsboro, NC $1,747,587.75  Mohammad Construction, LLC Raleigh, NC $1,880,802.20        The low bidder is Eberhart Construction, Inc. from Willow Springs, NC. Our team is familiar and has  worked with Eberhart on previous projects. We believe they are a reputable contractor that is capable  of completing the construction in a clean and timely fashion. We have discussed the project and  submitted low bid with Eberhart Construction, Inc., and confirmed their comprehension of the project  scope and accuracy of their submitted bid.     Therefore, LKC recommends the award be made to Eberhart Construction, Inc. for their low bid amount  of $846,720.00 and authorize the execution of the construction contracts by the appropriate individuals.  HCBOC 022823 ws Pg. 67 Page 2 of 2  Attached to this recommendation is a Bid Summary and Bid Tabulation showing the detailed results of  the bid.  If you have any questions, please do not hesitate to contact us at (910) 420‐1437 or by email at  ben@LKCengineering.com.         Sincerely,   LKC Engineering, PLLC      Benjamin Wibbens, P.E.    HCBOC 022823 ws Pg. 68 Willow Springs, NC 37847 $846,720.00 Jacksonville, NC 47340 $866,750.00 Lemon Springs, NC 6301 $1,126,493.96 Goldsboro, NC 36649 $1,747,587.75 Raleigh, NC 87476 $1,880,802.20 Reviewed and Certified as Presented Above Sanford Contractors Mohammad Construction, LLC CONTRACTOR ADDRESS SUMMARY OF BID OPENING Thursday, February 16, 2023 Northwest Harnett Elementary School Offsite Utilities ‐ Sewer Harnett County LKC Project No: HarnettCo‐21.01 LICENSE NO. BASE BID AMOUNT Allen Grading Company  ELJ, Inc. Eberhart Construction, Inc. ·is nicht By HCBOC 022823 ws Pg. 69 BID DATE:PROJECT:Harnett County  TIME: LOCATION:RECEIVED BY:Ben Wibbens, P.E. ITEM DESCRIPTION Quantity Unit Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 1 Mobilization, Bonding, and Insurance, cannot exceed 3% of total bid  amount.1LS 2 6" HDPE Installed by Directional Bore on Sheet C.5 from STA 4+46 to STA  6+46 (Guaranteed Price)1LS 3 6" HDPE Installed by Directional Bore on Sheet C.6 from STA 14+96 to  STA 20+25 (Guaranteed Price)1LS 44" SDR21 PVC Force Main 2,500 LF $18.00 $45,000.00 $40.00 $100,000.00 $39.08 $97,700.00 $79.55 $198,875.00 $90.00 $225,000.00 54" R.J. DIP Force Main 200 LF $100.00 $20,000.00 $80.00 $16,000.00 $145.59 $29,118.00 $175.50 $35,100.00 $120.00 $24,000.00 64" Plug Valve 2 EA $1,000.00 $2,000.00 $2,000.00 $4,000.00 $2,173.38 $4,346.76 $5,455.00 $10,910.00 $4,600.00 $9,200.00 74" 45‐Degree Bend 4 EA $500.00 $2,000.00 $1,000.00 $4,000.00 $1,215.85 $4,863.40 $1,500.00 $6,000.00 $2,970.00 $11,880.00 84" 22.5‐Degree Bend 3 EA $500.00 $1,500.00 $1,000.00 $3,000.00 $1,241.66 $3,724.98 $1,500.00 $4,500.00 $2,970.00 $8,910.00 9Air Release Valve in Pre‐Cast Manhole 2 EA $7,000.00 $14,000.00 $4,500.00 $9,000.00 $17,532.90 $35,065.80 $12,400.00 $24,800.00 $29,800.00 $59,600.00 10 Select Backfill 200 CY $20.00 $4,000.00 $30.00 $6,000.00 $42.64 $8,528.00 $61.50 $12,300.00 $40.00 $8,000.00 11 Clearing and Grubbing 2 AC $10,000.00 $20,000.00 $10,000.00 $20,000.00 $22,440.00 $44,880.00 $32,500.00 $65,000.00 $35,000.00 $70,000.00 12 Force Main Cleanup, Pressure Testing, & Sterilization 3,350 LF $1.00 $3,350.00 $1.00 $3,350.00 $3.91 $13,098.50 $7.75 $25,962.50 $30.00 $100,500.00 13 Seeding, Mulching, & Erosion Control 1 LS 14 8" DIP Sanitary Sewer 95 LF 100 $9,500.00 $150.00 $14,250.00 $194.01 $18,430.95 $214.00 $20,330.00 $245.34 $23,307.30 15 8" PVC Sanitary Sewer 15 LF 40 $600.00 $150.00 $2,250.00 $194.01 $2,910.15 $136.75 $2,051.25 $250.00 $3,750.00 16 4' Diameter Manhole 1 EA 2000 $2,000.00 $3,900.00 $3,900.00 $7,273.07 $7,273.07 $9,990.00 $9,990.00 $14,800.00 $14,800.00 17 Select Backfill 30 CY 20 $600.00 $50.00 $1,500.00 $42.64 $1,279.20 $61.50 $1,845.00 $135.00 $4,050.00 18 Connection to Existing Manhole 1 EA 100 $100.00 $4,500.00 $4,500.00 $13,330.75 $13,330.75 $6,250.00 $6,250.00 $5,744.00 $5,744.00 Subtotal Base Bid #1 ‐ Force Main Subtotal Base Bid #1 ‐ Gravity Sewer 2:00 PM Harnett County Public Utilities Office NW Harnett Elementary School Offsite Utilities ‐  Sewer Force Main 2/16/2023 Mohammad Construction, LLC $118,125.00 $327,860.00 $38,039.00 $65,366.00 $264,651.00 $350,350.00 $516,483.84 Gravity Sewer $23,269.00 $15,000.00 $32,000.00 $40,000.00 Eberhart Construction ELJ, Inc.Sanford Contractors Allen Grading Company $871,932.50 $720,575.92 $12,800.00 $26,400.00 $40,000.00 $112,800.00 $60,000.00 $120,000.00 $67,239.48 $170,598.12 NW Harnett Elementary School Offsite Utilities ‐ Sewer $1.00 $5,000.00 $37,320.80 $42,500.00 $100,080.92 $43,224.12 $40,466.25 $51,651.30 HCBOC 022823 ws Pg. 70 BID DATE:PROJECT:Harnett County  TIME: LOCATION:RECEIVED BY:Ben Wibbens, P.E. ITEM DESCRIPTION Quantity Unit Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price Unit Price Extended Price 2:00 PM Harnett County Public Utilities Office NW Harnett Elementary School Offsite Utilities ‐  Sewer 2/16/2023 Mohammad Construction, LLCEberhart Construction ELJ, Inc.Sanford Contractors Allen Grading CompanyNW Harnett Elementary School Offsite Utilities ‐ Sewer 19 Pre‐Cast Concrete Structures ‐ Wet Well, Valve Vault, Meter Vault 1 LS 20 New submersible pumps and all associated components 1 LS 21 Site and station piping 1 LS 22 Coating system applied to inside of all concrete structures, per  specifications 1LS 23 New electrical system, including control panel, SCADA, backup generator,  and automatic transfer switch 1LS 24 Lift station sitework, including installation of chainlink fence, site gravel,  water service, and site lighting 1LS Subtotal Base Bid #1 ‐ Lift Station BASE BID AMOUNT (sum of items above) $170,000.00 $75,000.00 $103,683.00 $96,398.50 $85,700.00 Lift Station = indicates a math error was observed on the submitted bid and was corrected in favor of the unit price. Corrected amount is shown in  above tabulation for base bid amount. $60,000.00 $100,000.00 $25,000.00 $165,000.00 $50,000.00 $50,000.00 $150,000.00 $21,000.00 $135,000.00 $20,000.00 $92,927.50 $82,015.00 $38,350.00 $425,500.00 $60,000.00 $57,844.20 $90,586.20 $12,005.40 $205,183.20 $65,484.00 $846,720.00 $866,750.00 $1,126,493.96 $1,747,589.75 $1,847,227.22 $546,000.00 $475,000.00 $534,786.00 $795,191.00 $1,075,000.00 $68,000.00 $110,000.00 $29,800.00 $360,800.00 $420,700.00 HCBOC 022823 ws Pg. 71 S:\Clerk to the Board docs\AGENDAS\2023\022823 ws\8.0 Non-profit Funding Agenda Form 3.6.2023.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: March 6, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Nonprofit Funding Agreements ($1.5 Million State Appropriations) REQUESTED BY: County Manager's Office (Ally Fouts) REQUEST: In the State of North Carolina's most recent budget, $1.5 million was allocated to Harnett County to be passed along to a list of 46 entities, which was created by Senator Burgin. Our legal team is drafting funding agreements to be signed by external recipients so they can receive their funds and begin their projects. Administration is seeking approval of funding agreements with the following organizations: 1.Boys & Girls Club2.City of Dunn3. Coats Chamber of Commerce 4.Town of Lillington FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 8 HCBOC 022823 ws Pg. 72 HCBOC 022823 ws Pg. 73 HCBOC 022823 ws Pg. 74 HCBOC 022823 ws Pg. 75 HCBOC 022823 ws Pg. 76 HCBOC 022823 ws Pg. 77 HCBOC 022823 ws Pg. 78 HCBOC 022823 ws Pg. 79 HCBOC 022823 ws Pg. 80 HCBOC 022823 ws Pg. 81 HCBOC 022823 ws Pg. 82 HCBOC 022823 ws Pg. 83 HCBOC 022823 ws Pg. 84 HCBOC 022823 ws Pg. 85 HCBOC 022823 ws Pg. 86 HCBOC 022823 ws Pg. 87 HCBOC 022823 ws Pg. 88 HCBOC 022823 ws Pg. 89 HCBOC 022823 ws Pg. 90 HCBOC 022823 ws Pg. 91 HCBOC 022823 ws Pg. 92 HCBOC 022823 ws Pg. 93 HCBOC 022823 ws Pg. 94 HCBOC 022823 ws Pg. 95 HCBOC 022823 ws Pg. 96 S:\Clerk to the Board docs\AGENDAS\2023\022823 ws\10.1 Donation of Van agendaform2023.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: March 6, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Donation of a 2006 Ford E-350 Super Duty 15-passenger van to Harnett PALS REQUESTED BY: Tim Mathews, Director, Cooperative Extension REQUEST: The Cooperative Extension Department requests approval to donate a 2006 Ford E-350 Super Duty 15-passenger van to Harnett PALS Program. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 10 HCBOC 022823 ws Pg. 97 S:\Clerk to the Board docs\AGENDAS\2023\022823 ws\10.1 Donation of Van agendaform2023.docx Page 2 of 2 HCBOC 022823 ws Pg. 98 S:\Clerk to the Board docs\AGENDAS\2023\022823 ws\11.1 Solid Waste Tipping Fees - Agenda Items.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: March 6, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Solid Waste REQUESTED BY: Chad Beane, Solid Waste Director REQUEST: Review request from Habitat for Humanity to waive solid waste tipping fees at Harnett County Landfills. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 11 HCBOC 022823 ws Pg. 99 C:\Users\mdcapps\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\7MJ7GNDQ\Administrative Appeals Board agenda memo - Employee member.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: March 6, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Administrative Appeal Board for Stop Arm Violations REQUESTED BY: Chris Appel, Legal Department REQUEST: Legal Department requests the appointment of Chance Torain as the Harnett County employee member. Larry Smith, Jr. is the current employee presentative and cannot fill this role due to his schedule. He has agreed to resign and Chance has agreed to fill the role. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 12 HCBOC 022823 ws Pg. 100 S:\Clerk to the Board docs\AGENDAS\2023\022823 ws\13.1 Opioid Resolution agenda memo.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: March 6, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Resolution for the Execution of Opioid Settlements and Supplemental Agreement relating to Opioid Litigation REQUESTED BY: Christopher Appel - Senior Staff Attorney REQUEST: Legal Department requests the approval of a Resolution for the execution of Opioid Settlements and the Supplemental Agreement for Additional Funds between the State of North Carolina and Local Governments on Proceeds Relating to the Settlement of Opioid Litigation. The Resolution, if approved, will authorize the County Manager to execute all necessary documents related to the Opioid Settlements and the Supplemental Agreement. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 13 HCBOC 022823 ws Pg. 101 S:\Clerk to the Board docs\AGENDAS\2023\022823 ws\13.1 Opioid Resolution agenda memo.docx Page 2 of 2 HCBOC 022823 ws Pg. 102 A RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS AUTHORIZING EXECUTION OF OPIOID SETTLEMENTS AND APPROVING THE SUPPLEMENTAL AGREEMENT FOR ADDITIONAL FUNDS BETWEEN THE STATE OF NORTH CAROLINA AND LOCAL GOVERNMENTS ON PROCEEDS RELATING TO THE SETTLEMENT OF OPIOID LITIGATION WHEREAS, as of 2021, the opioid epidemic had taken the lives of more than 32,000 North Carolinians, torn families apart, and ravaged communities from the mountains to the coast; and WHEREAS, the COVID-19 pandemic has compounded the opioid crisis, increasing levels of drug misuse, addiction, and overdose death; and WHEREAS, the Centers for Disease Control and Prevention estimates the total "economic burden" of prescription opioid misuse alone in the United States is $78.5 billion a year, including the costs of healthcare, lost productivity, addiction treatment, and criminal justice involvement; and WHEREAS, Harnett County’s drug overdose death rate in 2021 was 52.2 per 100,000 residents, which represents 71 total deaths for that year and the drug overdose emergency department visit rate in 2021 was 203.0 trips per 100,000 residents, which represents 276 total ED visits for that year; and WHEREAS, certain counties and municipalities in North Carolina joined with thousands of local governments across the country to file lawsuit against opioid manufacturers, pharmaceutical distribution companies, and chain drug stores to hold those companies accountable for their misconduct; and WHEREAS, settlements have been reached in litigation against Walmart, Inc., Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Allergan Limited, CVS Health Corporation, CVS Pharmacy, Inc., and Walgreen Co., as well as their subsidiaries, affiliates, officers, and directors named in the these Settlements; and WHEREAS, representatives of local North Carolina governments, the North Carolina Association of County Commissioners, and the North Carolina Department of Justice have negotiated and prepared a Supplemental Agreement for Additional Funds (“SAAF”) to provide for the equitable distribution of the proceeds of these settlements; and WHEREAS, by joining the settlements and approving the SAAF, the state and local governments maximize North Carolina’s share of opioid settlement funds to ensure the needed resources reach communities as quickly, effectively, and directly as possible; and WHEREAS, it is advantageous to all North Carolinians for local governments, including Harnett County and its citizens, to sign onto the settlements and SAAF and demonstrate solidarity in HCBOC 022823 ws Pg. 103 response to the opioid epidemic, and to maximize the share of opioid settlement funds received both in the state and this County to help abate the harm; and WHEREAS, the SAAF directs substantial resources over multiple years to local governments on the front lines of the opioid epidemic while ensuring that these resources are used in an effective way to address the crisis. NOW, THEREFORE BE IT RESOLVED, the Harnett County Board of Commissioners hereby authorizes the County Manager to execute all documents necessary to enter into opioid settlement agreements with Walmart, Inc., Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Allergan Limited, CVS Health Corporation, CVS Pharmacy, Inc., and Walgreen Co, to execute the SAAF, and to provide such documents to Rubris, the Implementation Administrator. Adopted this the 6th day of March, 2023. __________________________________________ Matthew B. Nicol, Chairman Harnett County Board of Commissioners ATTEST: ________________________________ Melissa Capps, Clerk to the Board (SEAL) HCBOC 022823 ws Pg. 104 1 RESOLUTION BY THE HARNETT COUNTY BOARD OF COMMISSIONERS TO REVISE THE HARNETT COUNTY JETPORT COMMITTEE AND AMEND THE JETPORT COMMITTEE BYLAWS WHEREAS, the Harnett County Board of Commissioners is authorized by §153A-77 of the North Carolina General Statutes to appoint advisory boards, committees, councils, and agencies; and WHEREAS, on December 6, 1993, the Harnett County Board of Commissioners established and approved the bylaws for the Harnett County Jetport Committee (hereinafter referred to as the “Jetport Committee”); and WHEREAS, on January 17, 2023, the members of the Jetport Committee voted to change the name of the Jetport Committee to the Harnett County Jetport Board with the approval of the Harnett County Board of Commissioners; and WHEREAS, the Harnett County Board of Commissioners desires to revise the name of the Jetport Committee to the Harnett County Jetport Board; and WHEREAS, on July 5, 2022, the Harnett County Economic Development Council was dissolved by the Harnett County Board of Commissioners and was thereafter supplanted by the Harnett County Economic Development Partnership; and WHEREAS, Section 1 of the Jetport Committee Bylaws states that membership of the Jetport Committee shall include One Harnett County Economic Development Council Member; and WHEREAS, the Harnett County Board of Commissioners desires to amend the bylaws to replace the Harnett County Economic Development Council Member with One Harnett County Economic Development Partnership Director. NOW THEREFORE BE IT RESOLVED that the Harnett County Board of Commissioners does hereby revise the name of the Harnett County Jetport Committee to the Harnett County Jetport Board and to amend the bylaws to reflect such revision. The Harnett County Board of Commissioners does hereby further amend Section 1 of the bylaws to change the membership from “One Harnett County Economic Development Council Member” to “One Harnett County Economic Development Partnership Director.” Item 14 HCBOC 022823 ws Pg. 105 2 Duly adopted this the 6th day of March, 2023. HARNETT COUNTY BOARD OF COMMISSIONERS ________________________________________________ Matthew B. Nicol, Chairman of the Board of Commissioners ATTEST: ___________________________________ Melissa Capps, Clerk to the Board (SEAL) HCBOC 022823 ws Pg. 106 1 AMENDED BYLAWS OF HARNETT COUNTY JETPORT BOARD ARTICLE I NAME This organization shall be known as the Harnett County Jetport Board. It is hereinafter referred to as the “Board”. ARTICLE II PURPOSE The duties and responsibilities of the Board shall be to advise the Harnett County Board of Commissioners (hereinafter referred to as the “Commissioners”) on matters involving the Harnett County Jetport. ARTICLE III SCOPE The scope of the Board’s duties and responsibilities will include matters involving Harnett County’s Jetport Operations by request of the Commissioners, and by Board members. ARTICLE IV MEMBERSHIP Section 1. Members Membership on the Board shall be limited to nine members appointed by the Commissioners as follows: 1. A member representing each of the County’s five voting districts. 2. Two At-Large Members who live or work in Harnett County. 3. One Harnett County Economic Development Partnership Director 4. One Campbell University representative. The Board shall consist of at least two active or retired pilots or individuals with aeronautical experience and two business owners or executives. The Board shall also contain one ex-officio non-voting member from the Harnett County Economic Development Department, one ex-officio, non-voting member from Fort Bragg, unless Fort Bragg declines membership on the Board, and two ex-officio non-voting members from the Harnett County Board of Commissioners. All remaining, voting members shall be experienced businessmen or businesswomen, travel agents, or individuals with knowledge and experience in the field of aviation. If the Commissioners are unable to find a HCBOC 022823 ws Pg. 107 2 qualified candidate to fill a voting district vacancy or if Campbell University declines membership on the Board, the Board of Commissioners may appoint an additional at-large member. Section 2. Terms Board members shall serve three-year terms, or for the remainder of the unexpired term of a member who has resigned, or otherwise vacated their membership position. Each term shall begin January 1, following appointment by the Commissioners. Board members shall not be permitted to serve more than two consecutive full terms without an intervening period of one year between appointments. Section 3. Removal of Members Board members serve at the pleasure of the Commissioners and may be removed, with or without cause, at any time, by a majority vote of the Commissioners. Section 4. Vacancies in Membership Any vacancy occurring in the membership of the Board shall be filled by the Commissioners. Members may be reappointed. Any member who is absent from two consecutive scheduled meetings is subject to removal from membership at the sole discretion of the Commissioners. Section 5. Voting Members All of the members designated in Section 1, above, shall be voting members of the Board with the exception of County employees/officials. Section 6. Quorum A majority of all active members present shall constitute a quorum of the Board and an affirmative vote of the majority of the members present at a meeting of the Board shall be required to constitute official action of the Board. ARTICLE V OFFICERS Section 1. The officers shall include: a Chairperson, designated by the Commissioners; Vice- Chairperson; and such other officers as the Board membership deem proper. The Chairperson shall serve an initial two-year term and may be reappointed by the Commissioners for one additional one-year term only. The Vice-Chairperson and all other officers shall be elected by a majority of the Board for a period of one year and may be reelected for two additional one-year terms only. Vacancies may be filled or new officers created and filled at any meeting by the Board membership. Each officer shall hold office until his successor shall have been duly qualified and elected. HCBOC 022823 ws Pg. 108 3 Section 2. The duties of officers shall be such as usually apply to such officers, except as herein specifically provided, and in addition thereto, such further duties as may be designated from time to time by the Board membership and the Commissioners. Section 3. The Chairperson shall perform other duties as necessary and incidental to the proper administration of the offices of the Board, except such duties as are specifically delegated to other officers. He or she shall be charged with the responsibility of appointing the chairpersons of all special and standing committees. Section 4. In the absence of the Chairperson, the Vice-Chairperson shall perform the duties of the Chairperson and, when so acting, shall have all the powers of and be subject to all the restrictions upon the Chairperson. The Vice-Chairperson shall perform such other duties as from time to time may be assigned him or her by the Chairperson. Section 5. Any officer appointed by the Board serves at the pleasure of the Commissioners and may be removed with or without cause by a majority vote of the Commissioners. Should a vacancy occur in any office as a result of death, resignation, removal, disqualification, or any other cause, the Board membership may delegate the powers and duties of such office to any officer or to any member until such time as a successor for said office is elected and appointed. ARTICLE VI MEETINGS Section 1. Regular Meetings The Board shall meet at least quarterly at the Harnett County Jetport or at such other place as shall be designated in the notice of meeting. Designated Harnett County staff shall be present to assist the Board. Section 2. Special Meetings The Chairperson or Commissioners may call such special meetings as may be deemed necessary to carry out the duties of the Board. Section 3. Hearings The Board shall hold such hearings as it may deem necessary and desirable at such times and places as may be determined by a majority vote of the Board at a regular meeting. HCBOC 022823 ws Pg. 109 4 Section 4. Agenda Any member may request the Chairperson to place an item on the agenda. If the Chairperson should decline to place a requested item on the agenda, a member may have such item placed on the agenda by submitting it in writing to the Chairperson with supporting signatures of three members. Section 5. Rules of Order The deliberations of all meetings of the Board and its various sub-committees shall be governed by Robert’s Rules of Order, Newly Revised. Section 6. Notice of Meetings All meetings and hearings conducted by the Board shall be properly noticed pursuant to the Open Meetings laws of the State of North Carolina. Notice of the time, place, and agenda items to be considered at each meeting shall be given in writing to all members at least one week prior to each meeting. Any matters not appearing on the agenda may be considered upon a favorable vote of a majority of the members present to do so. Notice of special meetings and intended agenda items shall be given to all Board members in writing or by phone at least three days in advance of any special meeting. Section 7. Cancellation of Meetings All meetings, both regular and special, may be cancelled by giving reasonable notice to each member of the Board and by posting a Notice of Cancellation at the place of meeting. Section 8. Reporting The Board shall make a report of attendance and key issues discussed to the Commissioners within two weeks after each quarterly meeting. The report shall be drafted by a designated Board member or County staff, approved and signed by the Chairperson, and submitted to the Clerk to the Commissioners. ARTICLE VII VOTING Section 1. One Vote Each Each Board member, including the Chairperson, shall be entitled to one vote. Section 2. Proxy Votes No member shall vote by proxy. HCBOC 022823 ws Pg. 110 5 Section 3. Abstentions Members may register their abstention on any vote which shall be reflected in the minutes, and members are encouraged to abstain on matters which would pose for them any conflict of interest. Section 4. Determination of Actions All final actions, positions, or policy recommendations shall require the favorable vote of a majority of those members present at a duly called meeting. ARTICLE VIII AMENDMENTS These bylaws may be altered, amended, or rescinded at any meeting by the vote of two-thirds of all the voting members of the Board, provided that at least two weeks written notice, including the proposed changes, is given of the intention to alter, amend, or rescind the bylaws at any such meeting. The bylaws may also be altered, amended, or rescinded by a majority vote of the Commissioners, provided that at least two weeks written notice, including the proposed changes, is given to the Board of the intention to alter, amend, or rescind the bylaws. All altered, amended, or rescinded bylaws are subject to final approval by the Commissioners. ARTICLE IX RATIFICATION PROVISIONS These bylaws were amended and readopted by a majority of the members of the Board this ____ day of ____________ 2023, meeting in Harnett County, North Carolina, and will become effective on the date approved by the Harnett County Board of Commissioners. _____________________________________________________ Chairman, Harnett County Airport Board The amended bylaws of the Harnett County Jetport Board are hereby approved by the Harnett County Board of Commissioners this 6th day of March 2023. __________________________________________________ Matthew B. Nicol, Chairman HCBOC 022823 ws Pg. 111 6 HCBOC 022823 ws Pg. 112 S:\Clerk to the Board docs\AGENDAS\2023\022823 ws\15.1 Lamar billboard lease agenda memo.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: March 6, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Advertising Lamar Billboard lease REQUESTED BY: Thomas Royer - Staff Attorney REQUEST: Legal Department requests approval to advertise the lease between the County and Lamar. The lease is a ten year lease in the amount of $2,100 annually. The Notice of Intended Lease for Billboard Space is attached. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 15 HCBOC 022823 ws Pg. 113 PUBLIC NOTICE LEASE OF COUNTY PROPERTY The Harnett County Board of Commissioners intends to enter into a lease agreement with Lamar, Inc. for a billboard site located at 35.41077/-78.81134 at Main Street, Lillington, North Carolina. The County intends to lease the above-described property to Lamar, Inc. for a term of ten years. In consideration of the lease, Lamar will pay as rent the rate of $2,100.00 per year. All persons interested in this lease are invited to attend the meeting of the Harnett County Board of Commissioners at 6:00 P.M. on Monday, April 17, 2023. At that time the Board intends to authorize the lease of the property described above. HCBOC 022823 ws Pg. 114 Item 16 HCBOC 022823 ws Pg. 115 HCBOC 022823 ws Pg. 116 HCBOC 022823 ws Pg. 117 HCBOC 022823 ws Pg. 118 HCBOC 022823 ws Pg. 119 HCBOC 022823 ws Pg. 120 HCBOC 022823 ws Pg. 121 HCBOC 022823 ws Pg. 122 HCBOC 022823 ws Pg. 123 HCBOC 022823 ws Pg. 124 HCBOC 022823 ws Pg. 125 Page 1 MARCH 6, 2023 APPOINTMENTS NEEDED NURSING HOME COMMUNITY ADVISORY COMMITTEE There are five (5) vacancies on this committee however the committee appointment process has been postponed as of March 2020 when facility visitation was suspended. TRIANGLE SOUTH WORKFORCE DEVELOPMENT BOARD Harnett County needs to replace one (1) non-participatory member on this Board for a Joint Labor-Management, or union affiliated, registered apprenticeship program representative. BOARD OF HEALTH There is one specialized vacancy on this Board, a Physician. HARNETT COUNTY COMMISSION FOR WOMEN AND YOUTH There are two (2) vacancies on this Board, District 2 and District 3. CEMETERY BOARD OF TRUSTEES There are two (2) vacancies on this Board. The vacancies are not district sensitive. BOARD OF EQUALIZATION AND REVIEW Doug Godwin would like to be considered for reappointment. He is the District 2 representative and his term expires March 31st. He is eligible for reappointment. HARNETT COUNTY PUBLIC LIBRARY BOARD OF TRUSTEES Ronnie Vinston’s term expires 3/31 and is not eligible for reappointment. This leaves a District 1 representative vacancy. Patricia Walker-Smith would like to be considered for reappointment. Her term expires 3/31 and she is eligible for reappointment. She is the District 2 representative. Kathy Weeks would like to be considered for appointment. She would be the Town of Coats liaison. She is eligible for appointment. BOARD OF ADJUSTMENT Jamey Sharlow would like to be considered for reappointment. He is the District 4 alternate representative and his term expires February 28, 2023. He is eligible for reappointment. HISTORIC PROPERTIES COMMISSION Melanie Collins would like to be considered for reappointment. She is the District 4 alternate representative and her term expired February 28, 2022. She is eligible for reappointment. Item 18 HCBOC 022823 ws Pg. 126 HCBOC 022823 ws Pg. 127 HCBOC 022823 ws Pg. 128 HCBOC 022823 ws Pg. 129 HCBOC 022823 ws Pg. 130 HCBOC 022823 ws Pg. 131 HCBOC 022823 ws Pg. 132