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HomeMy WebLinkAbout061323 ws agenda packetWORK SESSION AGENDA Date: Tuesday, June 13, 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 from JCPC for permission to submit county plan program agreements for theNC Department of Public Safety, Juvenile Crime Prevention Council programs for FY2023-2024;Kimberly Whitted, Juvenile Crime Prevention Council 4.Discuss a request to consider and approve the North Carolina Department of Transportation(NCDOT) FY2021 5307 CARES Act grant agreement in the amount of $185,167; Barry Blevins,General Services Director 5.Discuss a Resolution requesting NCDOT add Braddock Drive, Vistas Court and Keller Court in TheVistas to the State’s Secondary Road System; Jay Sikes, Development Services Assistant Director/Manager of Planning Services 6.Discuss Unified Development Ordinance Use Table; Mark Locklear, Development Services Director 7.Discuss a Resolution to Direct the Expenditure of Opioid Settlement Funds; Christopher Appel,Senior Staff Attorney 8.Discuss a request for Northwest Water and Sewer District abandonment of an easement;Christopher Appel, Senior Staff Attorney 9.Discuss extending hangar lease agreement for Piper GT, LLC; Christopher Appel, Senior StaffAttorney 10.Discuss the appointment of Angie Stewart to the SEDC Board; Brent Trout, County Manager 11.Discuss Memorandum of Understanding with I-95/I-40 Crossroads of America EconomicDevelopment Alliance; Brent Trout, County Manager 12.Discuss the Capital Project Ordinance Amendment to the General Obligation Bond; KimberlyHoneycutt, Finance Officer 13.Discuss a request for approval of the sale of County owned vacant real property tract composedof approximately 13 acres located on Lawrence Road; Dwight Snow, County Attorney 14.Review applications to serve on Boards and Committees. 15.County Manager’s Report – Brent Trout, County Manager HCBOC 061323 ws Page 1 Harnett County Board of Commissioners Page | 2 •June 19, 2023 Regular Meeting Agenda Review •Upcoming meetings and invitations 16.Closed Session 17.Adjourn CONDUCT OF THE JUNE 13, 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 061323 ws Page 2 HCBOC 061323 ws Page 3 Item 4 HCBOC 061323 ws Page 4 HCBOC 061323 ws Page 5 HCBOC 061323 ws Page 6 HCBOC 061323 ws Page 7 HCBOC 061323 ws Page 8 HCBOC 061323 ws Page 9 HCBOC 061323 ws Page 10 HCBOC 061323 ws Page 11 HCBOC 061323 ws Page 12 HCBOC 061323 ws Page 13 HCBOC 061323 ws Page 14 HCBOC 061323 ws Page 15 HCBOC 061323 ws Page 16 HCBOC 061323 ws Page 17 HCBOC 061323 ws Page 18 HCBOC 061323 ws Page 19 HCBOC 061323 ws Page 20 HCBOC 061323 ws Page 21 HCBOC 061323 ws Page 22 HCBOC 061323 ws Page 23 HCBOC 061323 ws Page 24 HCBOC 061323 ws Page 25 HCBOC 061323 ws Page 26 HCBOC 061323 ws Page 27 HCBOC 061323 ws Page 28 HCBOC 061323 ws Page 29 HCBOC 061323 ws Page 30 HCBOC 061323 ws Page 31 HCBOC 061323 ws Page 32 HCBOC 061323 ws Page 33 HCBOC 061323 ws Page 34 HCBOC 061323 ws Page 35 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 May 15, 2023 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. The Vistas Braddock Drive Vistas Court Keller 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 on our recommendation, please submit a resolution to this office. Sincerely, Christopher Jones Engineering Technician III HCBOC 061323 ws Page 36 Item 5 HCBOC 061323 ws Page 37 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. The Vistas • Braddock Drive • Vistas Court • Keller Court Duly adopted this 19th day of June, 2023. HARNETT COUNTY BOARD OF COMMISSIONERS _______________________________ Matthew B. Nicol, Chairman ATTEST: ____________________________________ Melissa D. Capps, Clerk HCBOC 061323 ws Page 38 \\lecfile\Department\Admin\Clerk to the Board docs\AGENDAS\2023\061323 ws\7 Opioid Resolution_Expentiture for Social Worker agenda memo.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: June 19, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Resolution to Direct the Expenditure of Opioid Settlement Funds REQUESTED BY: Christopher Appel - Senior Staff Attorney REQUEST: Legal Department requests the approval of a Resolution to Direct the Expenditure of Opioid Settlement Funds. The Resolution, if approved, will authorize the County to expend funds in the amont not to exceed $215,000 from July 1, 2023 through June 30, 2025 for the purposes of implementing addiction treatment for incarcerated persons by hiring a Clinical Social Worker as part of the Medications for Opioid Use Disorder ("MOUD") program at the Harnett County Jail. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: HCBOC 061323 ws Page 39 Item 7 1 A RESOLUTION BY THE COUNTY OF HARNETT TO DIRECT THE EXPENDITURE OF OPIOID SETTLEMENT FUNDS WHEREAS, the County of Harnett (the “County”) has joined national settlement agreements with companies engaged in the manufacturing, distribution, and dispensing of opioids, including settlements with drug distributors Cardinal, McKesson, and AmerisourceBergen, and the drug maker Johnson & Johnson and its subsidiary Janssen Pharmaceuticals; and WHEREAS, the allocation, use, and reporting of funds stemming from these national settlement agreements and certain bankruptcy resolutions (“Opioid Settlement Funds”) are governed by the Memorandum of Agreement Between the State of North Carolina and Local Governments on Proceeds Relating to the Settlement of Opioid Litigation (“MOA”); and WHEREAS, the County has received Opioid Settlement Funds pursuant to these national settlement agreements and deposited the Opioid Settlement Funds in a separate special revenue fund as required by section D of the MOA; and WHEREAS, section E.6 of the MOA states: E.6. Process for drawing from special revenue funds. a. Budget item or resolution required. Opioid Settlement Funds can be used for a purpose when the Governing Body includes in its budget or passes a separate resolution authorizing the expenditure of a stated amount of Opioid Settlement Funds for that purpose or those purposes during a specified period of time. b. Budget item or resolution details. The budget or resolution should (i) indicate that it is an authorization for expenditure of opioid settlement funds; (ii) state the specific strategy or strategies the county or municipality intends to fund pursuant to Option A or Option B, using the item letter and/or number in Exhibit A or Exhibit B to identify each funded strategy, and (iii) state the amount dedicated to each strategy for a stated period of time. NOW, THEREFORE BE IT RESOLVED, in alignment with the NC MOA, the County of Harnett authorizes the expenditure of opioid settlement funds as follows: 1. Strategy authorized a. Name of strategy: Addiction treatment for incarcerated persons. b. Strategy is included in Exhibit A. c. Item letter and/or number in Exhibit A or Exhibit B to the MOA: Strategy 11 d. Amounted authorized for this strategy: a total amount not to exceed $215,000.00 e. Period of time during which expenditure may take pace: HCBOC 061323 ws Page 40 2 Start date: July 1, 2023 through End date : June 30, 2025 f. Description of the program, project, or activity: The settlement funds will be expended to hire a Clinical Social Worker as part of Medications for Opioid Use Disorder (“MOUD”) program at the Harnett County Jail. This position will provide interventions to reduce symptoms and connect individuals to resources as part of the treatment of incarcerated individuals at the jail. The total dollar amount of Opioid Settlement Funds appropriated across the above named and authorized strategy shall not exceed $215,000.00. Adopted this the ____ day of June 2023. __________________________________________ Matthew B. Nicol, Chairman Harnett County Board of Commissioners ATTEST: __________________________________________ Melissa Capps, Clerk to the Board HCBOC 061323 ws Page 41 \\lecfile\Department\Admin\Clerk to the Board docs\AGENDAS\2023\061323 ws\8 Abandonment of Easement agenda memo.docx Page 1 of 2 Board Meeting Agenda Item MEETING DATE: June 19, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Abandonment of Easement by North West Water and Sewer District of Harnett County REQUESTED BY: Christopher Appel - Senior Staff Attorney REQUEST: Legal Department requests the North West Water and Sewer District of Harnett County approve of an Abandonment of Easement between KLLB AIV, LLC, Lennar Carolinas, LLC and North West Water and Sewer District of Harnett County. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: HCBOC 061323 ws Page 42 Item 8 \\lecfile\Department\Admin\Clerk to the Board docs\AGENDAS\2023\061323 ws\8 Abandonment of Easement agenda memo.docx Page 2 of 2 HCBOC 061323 ws Page 43 314518696.3 1 Prepared by and Return to: Michael F. King, K&L Gates LLP, 4350 Lassiter at North Hills Ave., Suite 300, Raleigh, NC 27609 STATE OF NORTH CAROLINA COUNTIES OF HARNETT AND WAKE ABANDONMENT OF EASEMENT THIS ABANDONMENT OF EASEMENT is executed this _____ day of June, 2023, by North West Water and Sewer District of Harnett County (hereinafter “Harnett WSD”). WITNESSETH: WHEREAS, KLLB AIV LLC, a Delaware limited liability company (“KLLB”), owns certain real property in Harnett and Wake Counties, North Carolina as more particularly described on Exhibit A attached hereto (the “Property”) on which Lennar Carolinas, LLC (“Lennar”) intends to develop a residential community; and WHEREAS, Harnett WSD possesses rights to that certain twenty foot (20’) water line easement over and through a portion of the Property dedicated by that certain plat recorded in Map Book 2019, Page 248, Harnett County Registry and generally depicted on Exhibit B attached hereto (hereinafter the “Easement”); and WHEREAS, KLLB has agreed to relocate a portion of water infrastructure located in the Easement for the benefit of Lennar’s planned residential community on the Property; and WHEREAS, KLLB, in consideration of the relocation of such water infrastructure, has requested Harnett WSD to partially abandon and terminate a portion of the Easement; and WHEREAS, Harnett WSD has agreed that a certain portion of the Easement will no longer be required or used by Harnett WSD for any purpose upon KLLB’s relocation of the water infrastructure and will thereafter have no value to Harnett WSD; and HCBOC 061323 ws Page 44 314518696.3 2 WHEREAS, Harnett WSD now desires to release and abandon that certain portion of the Easement identified as “20’ Water Line Easement to be Abandoned” on Exhibit C attached hereto (“Abandoned Easement Area”) in order to permit Lennar’s development of the Property. NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference and for other good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, Harnett WSD hereby abandons the Abandoned Easement Area and forever releases and relinquishes any and all claims it may have thereto. IN WITNESS WHEREOF, Harnett WSD has caused this instrument to be signed in its name and its seal to be affixed hereto by duly authorized authority, the date and year set forth in the acknowledgment block below. North West Water and Sewer District of Harnett County By: Name: Matthew B. Nicol Title: Chairman STATE OF NORTH CAROLINA COUNTY OF HARNETT I certify that Mathew B. Nicol personally appeared before me this day, acknowledging to me that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated: Chairman of the North West Water & Sewer District of Harnett County. Date: Official Signature of Notary Public Notary printed or typed name [OFFICIAL SEAL] My commission expires:________________ HCBOC 061323 ws Page 45 314518696.3 3 Exhibit A Property BEING all those certain tracts or parcels of land located in Harnett and Wake Counties, North Carolina and being more particularly described as follows: Tract One: BEING all those certain tracts or parcels of land designated as Lot 1 containing 1.832+ acres, Lot 2, containing 1.832+ acres, Lot 3, containing 1.832+ acres, and La Vega Lane of the “Pablo Vega and wife Guadalupe Vega Subdivision” as shown on the plat of survey recorded in Book of maps 2015, Page 1565, Wake County Registry, and Map Book 2015, Page 285, Harnett County Registry, which plat is referenced for a more particular description. Tract Two: BEING all that certain tract or parcel of land containing 16.146+ acres, of the Naomi Mae Smith Lands as shown on the plat of survey recorded in Book of Maps 1989, Page 119 9, Wake County Registry, which plat is referenced for a more particular description. LESS AND EXCEPT from the above-described 16.146+ acres, that certain tract or parcel of land containing 1.58+ acres as shown on plat of survey recorded in Book of Maps 1998, Page 2225, Wake County Registry, which plat is referenced for a more particular description. TOGETHER WITH the right and easement for a waterline as set forth in that certain Deed of Easement for Water Line recorded in Book 948, Page 688, Harnett County Registry, and located within that certain twenty (20) foot wide easement shown as “20’ Drainage Easement” running between Lots 1 and 2, Woodridge Subdivision – Section I recorded in Plat Cabinet E, Slide 111- C, Harnett County Registry, which plat is referenced for a more particular description. Tract Three: BEING all of that certain or parcel of land containing 1.58 + acres as shown on plat of survey recorded in Book of Maps 1998, Page 2225, Wake County Registry, which plat is referenced for a more particular description. Tract Four: BEING all that certain tract or parcel of land containing 82.504+ acres, as shown on the plat of survey recorded in Book of Maps 2007, Page 865, Wake County Registry, and Map Book 2007, Pages 331 and 332, Harnett County Registry, which plat is referenced for a more particular description. HCBOC 061323 ws Page 46 314518696.3 4 Exhibit B Easement [See Attached] HCBOC 061323 ws Page 47 314518696.3 5 Exhibit C Abandoned Easement Area [See Attached] HCBOC 061323 ws Page 48 HCBOC 061323 ws Page 49 W WOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPOHPWA K E C O U N T Y HA R N E T T C O U N T Y BM 2 0 1 8 , P G 2 4 4 9 KLLB AIV LLC DB 4165, PG 308 (HARNETT CO.) BM 1989, PG 1199 PIN 0675104242 KLLB AIV LLC DB 4165, PG 308 (HARNETT CO.) BM 1998, PG 2225 PIN 0675103670 B A R R E R A H A R D W O O D F L O O R S I N C D B 1 3 0 5 0 , P G 2 0 8 1 P I N 0 6 7 5 1 0 7 5 9 1 M I C H A E L A N T H O N Y C A R C A N A D B 1 8 4 3 8 , P G 1 5 6 2 P I N 0 6 7 5 1 0 8 6 8 0 H A L B E R T H . M C K I N O N , J R D B 1 4 4 3 8 , P G 4 3 0 P I N 0 6 7 5 1 0 9 6 9 9 J O Y C E I . B E A L D B 1 4 - E , P G 9 3 7 P I N 0 6 7 5 2 0 0 8 5 8 A R T U R O L E A N B U S T A N I A N T E A N D M A A N G E L B U S T A N I A N T E D B 7 7 0 6 , P G 9 2 5 P I N 0 6 7 5 2 1 1 1 7 0 B A R B A R A M C G L O I N D B 1 5 - E , P G 3 2 5 2 P I N 0 6 7 5 2 1 3 1 6 8 ISAAC SINGLETARY AND KAREN BASS DB 13700, PG 1710 PIN 0675210793 RONALD SIEGWART FINCHER AND SHERLEEN TAYLOR FINCHER DB 11710, PG 1603 PIN 0675127024MI CH A E L W E L K ER A NDWE ND Y W E L K E RDB 1 0 8 4 2 , PG 1 P I N 0 6 7 5 1 2 2 0 2 2 LO U I S M . P AR AD I SO AN D DONN A L . P A R A D I SODB 1 5 2 0 0 , PG 3 9 P I N 0 6 7 5 1 1 0 9 9 9ORL ANDO J .R . S T EW AR T AN D X IOM AR Y P AD I L L A L UGO D B 1 7 3 6 7 , PG 1 8 7 0 P I N 0 6 7 5 0 1 9 9 8 3 A ND R EW D . RO B B IN S AN D J E NN I F E R F . RO B B IN S D B 1 4 0 5 1 , PG 1 8 6 1 P I N 0 6 7 5 0 1 8 9 5 2 MICHAEL E. REEVES AND TERRI L. REEVES DB 12368, PG 1071 PIN 0675017825 RYAN HELLEWELL AND RACHEL HELLEWELL DB 12718, PG 377 PIN 0675013885 ABLE VENTURES LTD DB 3986, PG 29 PIN 06659226760 FAIRVIEW HOMEOWNERS ASSOCIATION, INC DB 8928, PG 2478 PIN 0665913638 RAWLS CHURCH DEVELOPERS LLC DB 17718, PG 190 PIN 0665818037 KLLB AIV LLC DB 4165, PG 308 (HARNETT CO.) BM 2007, PG 865 (WAKE CO.) PB 2012, PG 448 (HARNETT CO.) PB 2019, PG 248 (HARNETT CO.) PIN 0675-00-1074.000 RAWLS CHURCH DEVELOPERS LLC DB 3774, PG 561 PIN 0674-09-0717.000 "COBLE FARMS" MB 2021, PG 334 IRVING M. GOLDSTEIN AND EILEEN G. GOLDSTEIN DB 3608, PG 28 PIN 0674-09-7389.000 ANTHONY J. MENNELLA AND CAROL MENNELLA DB 1074, PG 240 PIN 0674-09-7685.000 VIRGINIA CREEPER LANE 50' PUBLIC R/W REGAL DRIVE 50' PUBLIC R/W S.R.3729 WOODLAND COURT 60' PUBLIC R/W RAWLS CHURCH ROAD 60' PUBLIC R/W S.R.1415 20' WATER LINE EASEMENT TO BE ABANDONDED MB 2019, PG 248 (HARNETT CO.) BM 2012, PG 448 (WAKE CO.) AREA: 0.699 AC. RUN OF KENNIE'S CREEK IS PROPERTY LINE ZONE AE ZONE AE ZONE AE100 YEAR FLOOD PLAINNCSPCS NAD 1983 (2011) N= 651,668.54 FT. E=2,070,582.02 FT. ASPHALT ROADWAY DB 1 7 3 3 2 , P G 2 5 6 1 BM 2 0 1 8 , P G 3 7 6 DB 3 6 5 0 , P G 2 2 6 DB 3 6 6 7 , P G 8 5 9 PROGRESS ENERGY 100' R/W WAKE COUNTY DB 1935, PG 609 DB 2479, PG 600 DB 2942, PG 366 DB 1930, PG 242 MB 2019, PG 248 HARNETT COUNTY DB 1083, PG 165 DB 650, PG 530 DB 528, 191 GRANT OF EASEMENT FOR CONSTRUCTION AND OPERATION OF SANITARY SEWER DB 3673, PG 41 BM 2018, PG 233 TOWN OF ANGIER ANNEXATION DB 12496, PG 2557 (WAKE CO.) DB 2363, PG 393 (HARNETT CO.) LINE TABLE LINE BEARING LENGTH N45°43'17"E 22.79'S15°37'46"E 878.84 ' S72°55' 4 3 " W 6 5 9 . 0 4 ' N72°55' 4 3 " E 6 5 8 . 2 0 'N15°37'42"W 848 .41 ' V-LOTS : 22 N60°07'06"W 27.37' 0' SCALE 1" = 200' 400'200' SURVEY NOTES: 1- PREPARED FOR KLLB AIV LLC 6900 E. CAMELBACK ROAD, SUITE 1090 SCOTTSDALE, AZ 85251-2431 2-THIS PROPERTY LIES IN ZONE X, NOT A SPECIAL FLOOD HAZARD AREA , PER FIRM 370368, PANELS 0675, 0665, 0674 EFFECTIVE DATE 10/03/2006. 3- HORIZONTAL CONTROL IS BASED ON NC STATE GRID, NAD'83(2011) AS DETERMINED BY GNSS. 4-NOT ALL IMPROVEMENTS TO THIS PROPERTY HAVE BEEN SHOWN 5- AREA COMPUTATION IS BY THE COORDINATE METHOD 6-THIS SURVEY WAS COMPLETED WITHOUT BENEFIT OF A LEGAL TITLE COMMITMENT OR TITLE EXAMINATION.C:\Users\terry.westendorf\Desktop\Sherri Downs Water Line Easement\52239-902-Water Line Easement Abandonment.dwg | Plotted on 3/22/2023 8:36 AM | by Terry WestendorfDATE:SCALE: J.N.:SHEET OF DRAWN BY: BLACK RIVER TWP. HARNETT COUNTY 3/22/2023 1 1 TLW 52239 1"= 200'YOUR VISION ACHIEVED THROUGH OURS.Site Development Residential Infrastructure TechnologyABANDONMENT OF A PUBLIC 20' WATER LINE EASEMENT OWNER: KLLB AIV LLC DB 4165 PG 308 PIN: 0675-00-1074 RAWLS CHURCH ROAD, TOWN OF ANGIER BLACK RIVER TWP., HARNETT CO., NORTH CAROLINA 5410 TRINITY ROAD, Suite 102 | RALEIGH, NC 27607TEL 919.866.4951 FAX 919.859.5663 www.timmons.comNORTH CAROLINA LICENSE NUMBER C-1652THIS DRAWING PREPARED AT THERALEIGH OFFICEVICINITY MAP - MAP NOT TO SCALE SITE NC GRIDNAD83 (2011)LEGEND PROPERTY LINE SURVEYED LINE NOT SURVEYED EXISTING FENCE EXISTING IRON PIPE EXISTING IRON STAKE EXISTING CONC. MONUMENT EXISTING AXLE 5/8" CAPPED IRON ROD SET COMPUTED POINT REVISED: X REVIEW OFFICER CERTIFICATE I, _______________________________________REVIEW OFFICER OF HARNETT COUNTY, CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING. ___________________________________________________________ REVIEW OFFICER DATE SURVEYOR CERTIFICATION I, TERRY L. WESTENDORF, PLS, HEREBY CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION, AS DESCRIBED IN DEEDS AND MAPS OF RECORD OR OTHER REFERENCE SOURCES; THAT THE RATIO OF PRECISION OR POSITIONAL ACCURACY AS CALCULATED IS GREATER THAN 1: 20,000, THAT THE BOUNDARIES NOT SURVEYED ARE SHOWN AS BROKEN LINES PLOTTED FROM INFORMATION OF RECORD; THAT THIS MAP WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. C4. THIS SURVEY IS FOR THE ABANDONMENT OF A PUBLIC UTILITY EASEMENT AS DEFINED IN G.S. 62-3. WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBER AND SEAL THIS 22ND DAY OF MARCH, A.D., 2023. ___________________________________________________________ TERRY L. WESTENDORF, NC PLS NO. L-3232 VIRGINIA CREEPER LANE REGA L D R I V E RAWLS CHURCH ROAD LA VEGA LANE VIRGINIA CREEPER LANE REGA L D R I V E RAWLS CHURCH ROAD HCBOC 061323 ws Page 50 \\lecfile\Department\Admin\Clerk to the Board docs\AGENDAS\2023\061323 ws\9.1 23.06.19 - Piper GT Agenda Request.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: June 19, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Extending Hangar Lease Agreement for Piper GT, LLC REQUESTED BY: Greg Frank REQUEST: Jetport request the Board of Commissioners to renew the hangar lease agreement with Piper GT, LLC for an additional year. Tenant has been in good standing with the Jetport and is eligible to extend the lease. Term will be from July 1, 2023 - June 30, 2024. The fees will continue to be paid at the rate of $375.00 per month. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: HCBOC 061323 ws Page 51 Item 9 HCBOC 061323 ws Page 52 HCBOC 061323 ws Page 53 HCBOC 061323 ws Page 54 HCBOC 061323 ws Page 55 THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is made and entered into this ____ day of ___________, 2023, by and between the County of Harnett, a body politic, organized and existing under the laws of the State of North Carolina (hereinafter referred to as “County”), and the I-95/I-40 Crossroads of America Economic Development Alliance, Inc., a North Carolina non-profit corporation (hereinafter referred to as “Alliance” and together with the County, each a “Party” or collectively the “Parties”). WITNESSETH: WHEREAS, the County is the owner of certain real property located within the City of Dunn North Carolina, having a general address of 600 S. Magnolia Avenue, being Harnett County Parcel Identification No. 1516-55-8158.00 containing 2.060 acres, more or less, being the same property described in Book 840, Pages 813-814 of the Harnett County Registry (the “Property”); and WHERAS, the City of Dunn, in Conjunction with the Town of Four Oaks, assisted in the formation of the Alliance to encourage and promote economic development, including job creation, along the I-95 corridor to include the entire City of Dunn and portions of Harnett County located between the City of Dunn and Town of Four Oaks; and WHEREAS, the City of Dunn and the County entered into the Magnolia School Property Memorandum of Understanding on May 16, 2022 with the intent to transfer the title to the Property, upon meeting certain conditions; and WHEREAS, the enumerated conditions within the Magnolia School Property Memorandum of Understanding to effectuate a transfer of title have not been met: and WHEREAS, the County and the City of Dunn have terminated the Magnolia School Property Memorandum of Understanding; and WHEREAS, it is the desire of the Parties to renovate the Magnolia School Property according to the terms and conditions of this MOU. NOW THEREFORE, in consideration of the premises set forth herein, and intending to be legally bound, and for other consideration the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Article I Purpose and Objective The purpose and objective of this MOU is to set forth the terms and conditions upon the termination of the Magnolia School Property Memorandum of Understanding, dated May 16, 2022, to establish funding by County for renovations of the Property, to establish expectations for the renovation of the Property, and to establish County recommended directors to the Alliance Board of Directors. Article II Lease of the Magnolia School Property HCBOC 061323 ws Page 56 Item 11 The County and the Alliance shall enter into a lease for the Property prior to the start of any renovations to the Property. The lease of the Property shall be set at one dollar ($1.00) per year plus utility costs. Upon issuance of a Certificate of Occupancy, the Alliance and County will enter into a new lease for a portion of the Property that is to be used for Alliance operations. The new lease shall be for a period of ten (10) years and shall be set at one dollar ($1.00) per year plus utility costs. County will retain the right to lease the remainder of the Property. Article III County Funding for Renovations of Property The County shall provide Five Millions Dollars ($5,000,000.00) to the Alliance for the renovation of the Property. The money shall be distributed to the Alliance throughout the duration of the renovation project. County shall pay fifty percent (50%) of all invoices presented to the Alliance for payment up until the $5,000,000.00 cap has been reached. In order to receive the funding sought, the Alliance shall present the invoice to the County for payment. Once the $5,000,000.00 cap has been reached, the County’s obligation has been met and it shall not be responsible for contributing to the payment in whole or part of any additional invoices, change orders, or cost overages. Article IV Renovations to the Property The Alliance shall complete the following (the “Renovations”): (i) installation of central heat and air conditions; (ii) ADA accessibility access to the entire facility located on the Property, including the elevator; (iii) upgrading plumbing and electrical service; (iv) upgrade to the interior lighting and wall finishes; (v) paving the parking lot; and (vi) any additional renovations requested and approved as part of the renovation plans. The Alliance shall seek the approval of the County for all renovation plans to the Property. The County’s approval of presented plans shall not be unreasonable withheld. The Alliance shall be responsible to ensure payment to all vendors, contractors, and materialmen to ensure that no liens are placed on the property as a result of the renovation work undertaken. The Alliance shall ensure that lien waivers are executed for all contractors, sub-contractors, and materialmen as it relates to the renovation work undertaken. Article V Appointment of County Representatives to the Alliance Board of Directors The County shall deliver to the Alliance a recommendation for appointment of one voting director to the Alliance Board of Directors and three ex-officio directors. The recommendation of the voting director shall be any non-elected business person. One of the ex-officio appointments shall be the Harnett County Economic Development Director. The remaining appointments to the Board of Directors apportioned to the County will be voted on and approved by the Harnett County Board of Commissioners and can be any business professional, economic development professional, or elected official, including Harnett County Commissioners. The Alliance shall accept and vote on the two ex officio directors and voting director recommended by the Harnett HCBOC 061323 ws Page 57 County Board of Commissioners. The Alliance shall not charge the County annual dues to sit on the Alliance’s Board of Directors. Article VI Term and Termination of MOU The term of this MOU shall begin upon adoption by the Parties and shall continue until a mutual written decision to terminate has been reached by the Parties. Article VII Notice Any notice, consent, or other communications in connection with this MOU shall be in writing and shall be deemed to be given and received when (i) hand delivered to the address stated below or (ii) three (3) days after being mailed to the address stated below, postage prepaid by certified or registered mail of the United States, return receipt requested to the addresses set forth below. Any party to this Agreement may change its designated person or designated address at any time and from time to time by giving notice of such change to the other Party in the manner set forth above. To County County of Harnett 455 McKinney Parkway (physical) PO Box 759 (mail) Lillington, NC 27526 Attn: County Manager With copy to: County of Harnett 455 McKinney Parkway (physical) PO Box 238 (mail) Lillington, NC 27526 Attn: Senior Staff Attorney To Alliance ___________________________ ___________________________ ___________________________ ___________________________ ___________________________ Article VIII Miscellaneous Provisions 1. Preambles. The preambles to this MOU are incorporated by reference. HCBOC 061323 ws Page 58 2. Relationship of Parties. The County and Alliance shall be independent contractors, and nothing herein shall be construed as creating a partnership or joint venture or any other legal relationship. 3. Governing Law. This MOU shall be governed by the laws of the State of North Carolina. The North Carolina State Courts located in Harnett County, North Carolina shall have jurisdiction to hear any dispute under this Agreement and any legal or equitable proceedings by any party must be filed in Harnett County, North Carolina. 4. Amendments and Modifications; Additional Policies and Procedures. This MOU may be modified or amended by mutual consent of the parties as long as the amendment is executed in the same fashion as this MOU. 5. Entire Agreement. This MOU constitutes the entire agreement between the Parties and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this MOU. 6. Severability. In the event that any portion of this MOU shall be invalid, illegal, or otherwise unenforceable, the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired thereby. 7. Counterparts. This MOU may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together constitute one and the same instrument. [Remainder of Page Intentionally Left Blank—Signature Page Follows] HCBOC 061323 ws Page 59 IN WITNESS WHEREOF, the Parties hereto caused the MOU to be executed on their behalves. COUNTY OF HARNETT ______________________________________ Matthew B. Nicol, Chairman of the Board of Commissioners ATTEST: ____________________________ Melissa Capps, Clerk to Board of Commissioners I-95/I-40 CROSSROADS OF AMERICA ECONOMIC DEVELOPMENT ALLIANCE, INC. ______________________________________ Reid Williams, President ATTEST: ____________________________ HCBOC 061323 ws Page 60 Board Meeting Agenda Item MEETING DATE: June 13, 2023 Work Session TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposal by third party to purchase real property owned by Harnett County REQUESTED BY: County Attorney Dwight W. Snow REQUEST: That the Harnett County Board of Commissioners give final approval of sale of County owned vacant real property tract composed of approximately 13-acres located on Lawrence Road in Upper Little River Township to holliespines Ile for the purchase price of $78,880.00 plus the Notice To Sell publication cost of $263.62. FINANCE OFFICER'S RECOMMENDATION: COUNTY MANAGER'S RECOMMENDATION: Board meeting agenda item for June 13. 2023 re Proposed purchase by holliespines Ile HCBOC 061323 ws Page 61 Item 13 HCBOC 061323 ws Page 62 HCBOC 061323 ws Page 63 HCBOC 061323 ws Page 64 HCBOC 061323 ws Page 65 HCBOC 061323 ws Page 66 HCBOC 061323 ws Page 67 Page 1 JUNE 19, 2023 APPOINTMENTS NEEDED 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. HARNETT COUNTY COMMISSION FOR WOMEN AND YOUTH There are two (2) vacancies on this Board, District 2 and District 3. HISTORIC PROPERTIES COMMISSION There are two (2) vacancies on this Board, District 1 and District 2. MID-CAROLINA AGING ADVISORY COMMITTEE There is one (1) vacancy for an older consumer on this Board. HARNETT COUNTY BOARD OF EQUALIZATION AND REVIEW There is one (1) vacancy on this Board, an at-large member. DANGEROUS DOG COMMITTEE There are two (2) vacancies on this Board, 1 regular member and 1 alternate that are not district sensitive. Kent Jeffries would like to be considered for appointment. The vacancy is not district sensitive. (Application is attached). HOME & COMMUNITY BLOCK GRANT COMMITTEE There is one (1) vacancy for an older consumer on this Board. HCBOC 061323 ws Page 68 Item 14 HCBOC 061323 ws Page 69 HCBOC 061323 ws Page 70