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HomeMy WebLinkAbout101023 ws packet WORK SESSION AGENDA Date: Tuesday, October 10, 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. Recognize graduates from Paramedic School; Larry Smith, Emergency Services Director 4. Update on Community Paramedicine; Larry Smith, Emergency Services Director 5. Discuss a request from the Angier Fire Department regarding construction of a new fire station in the 700 Block of Mangum Road; Larry Smith, Emergency Services Director 6. Discuss a request for approval to receive Homeland Security Grant funding for Emergency Services; Larry Smith, Emergency Services Director 7. Discuss a request for permission to accept the American Library Association’s Community Connect: Fostering Digital Access Grant on behalf of the Angier Public Library; Angela McCauley; Library Director 8. Development Services briefing on upcoming public hearings: • Proposed Zoning Change: Case # PLAN2307-0005 Landowner / Applicant: LGI Homes NC LLC / Greenfield Communities; 35.36 +/- acres; Pin #0655-02-6490.000; From RA-40 to RA-30 Zoning District; Hector’s Creek Township; SR # 1414 (Piney Grove Rawls Road). (Previously reviewed at the 9/12/23 work session) • Proposed Zoning Change: Case # PLAN2308-0003 Landowner / Applicant: MVI Group, LLC / CE Group, Inc.; 10.10 +/- acres; Pin #0653-30-4549.000; From RA-20M to Commercial Zoning District; Hector’s Creek Township; US Hwy 401 North. (Previously reviewed at the 9/12/23 work session) • Proposed Zoning Change: Case # PLAN2308-0002 Landowner/Applicant: MVI Group, LLC / CE Group, Inc.; 31.023 +/- acres; Pin #0653-40-2393.000; From RA-30 to Commercial Zoning District; Hector’s Creek Township; SR # 1576 (Kipling Church Road) & NC Hwy 401 N. • Proposed Zoning Change: Case #PLAN2308-0004 Landowner / Applicant: MVI Group, LLC / CE Group, Inc.; 74.46 +/- acres; Pin #0653-50-3495.000; From RA-30 to RA-20R Zoning District; Hector’s Creek Township; SR # 1576 (Kipling Church Road). • Proposed Zoning Change: Case # PLAN2308-0005 Landowner/Applicant: Truelove Enterprises, LLC / Triangle Land Partners, LLC; 121.4 +/- acres; Pin #0539-98-0036.000; From RA-30 to RA-20R Zoning District; Upper Little River Township; SR # 1229 (McDougald Road) HCBOC 101023 ws Pg. 1 Harnett County Board of Commissioners Page | 2 • Proposed Text Amendment: Case # PLAN2309-0001 Applicant: Applicant: Sarah Lukaszuk; Harnett County Unified Development Ordinance; Article V, Sections 1.2 (Table of Use Types & Regulations) & Section 7.7.4 (Vehicle, Sales, Leasing & Rental). To amend Harnett County’s U.D.O. to add “Vehicle Sales, Leasing, & Rental” to Use Table as a Special Use in the RA-30, RA- 20R, & RA20M Zoning Districts and add D. Vehicle sales, leasing or rental activities are prohibited within approved residential subdivisions.” 9. Discuss a request regarding Foster Care Room and Board; Paul Polinski, Social Services Director 10. Discuss a request for approval of the 2nd phase agreement from Cloudwyze for broadband expansion derived from our Harnett County Broadband Initiative RFP in 2020; Ira Hall, Chief Information Officer 11. Discuss a request to accept the Department of Justice BJA Grant funds for Veterans Treatment Court; Eric Truesdale, Veterans Services Director 12. Discuss a request for the Board to consider a resolution authorizing a grant and/or loan application to NCDEQ to address the USEPA required Lead & Copper Rule Revisions Compliance Project; Steve Ward, Harnett Regional Water Director 13. Discuss Jetport ground lease with CAD Enterprises; Christopher Appel, Senior Staff Attorney 14. ARPA Projects Update and consideration of projects; Ally Fouts, Management Analyst 15. Review applications to serve on Boards and Committees. 16. Discussion regarding the permit modification for Martin Marietta Materials; Lewis Weatherspoon, Commissioner 17. County Manager’s Report – Brent Trout, County Manager • Discuss a request from NCDOT regarding a partial road abandonment (SR1422-Ausley Road) • October 16, 2023, Regular Meeting Agenda Review • Upcoming meetings and invitations 18. Closed Session 19. Adjourn CONDUCT OF THE OCTOBER 10, 2023 MEETING A livestream of the meeting will be on the Harnett County Government’s YouTube Channel at https://www.youtube.com/channel/UCU7mTF6HTD65x_98EhAMeMg/featured. HCBOC 101023 ws Pg. 2 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2023\101023 ws\5.1 Agenda Request Angier Proposed Station.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: October 16, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Angier Fire Department Proposed Station 2 REQUESTED BY: Larry Smith Emergency Services REQUEST: Angier Fire Department is seeking the approval of the Board of Commissioners to construct a new Fire Station in the 700 Block of Mangum Rd (see map), the Lillington side of new by pass, at a cost of 4 to 5 million dollars. The property has been purchased by the department. They are proposing the construction of a 8,000 sq ft station. Their contractor has estimated the cost per sq ft to be $450 to $525 per sq ft. This would put the cost of the station between $3,600,000 to $4,200,000. An additonal $800,000 would be spent to purchase a rescue pumper and additional equipment. Their Board feels this will improve response times in the area of the new by pass. They will fund the project with a loan from the USDA. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 5 HCBOC 101023 ws Pg. 3 HCBOC 101023 ws Pg. 4 Harnett County GIS Harnett GIS Surrounding County Boundaries City Limits County Boundary Address Numbers Airport MajorRoads Interstate NC US RoadCenterlines Railroad Parcels CapeFearRiver 0 160 32080Feet 1 inch = 188 feet ² October 3, 2023NOT FOR LEGAL USE .GIS/E-911 Addressing HCBOC 101023 ws Pg. 5 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2023\101023 ws\6.1 agenda request Emergency Services Grant.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: October 16, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Homeland Security Grant Funding for Emergency Services REQUESTED BY: Larry Smith REQUEST: Harnett County Emergency Services is requesting Board Approval to receive a total of $56,890.90 in Homeland Security funding from North Carolina Emergency Management. We have been awarded $19,775.45 to purchase a new variable message board for Emergency Management and $37,115.45 for a swift water rescue trailer which will go to the Swift Water Team housed out of Buies Creek Fire Department. There is no cost share related to these awards for the county. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 6 HCBOC 101023 ws Pg. 6 September 21, 2023 Homeland Security Grant Program (HSGP) Fiscal Year 2023 SUBAWARD NOTIFICATION Zach Shean Period of Performance: September 1, 2023 to February 28, 2026 Harnett County Project Title: Swift Water Rescue Boat Traile 1005 Edwards Brothers Drive Total Amount of Award: $37,115.45 Lillington , NC 27546- MOA #: 2340026 North Carolina Emergency Management (NCEM) is pleased to inform you that the federal Fiscal Year (FY) 2023 Homeland Security Grant Program (HSGP) has been approved for funding. In accordance with the provisions of FY 2023 HSGP award, NCEM hereby awards to the foregoing subrecipient a grant in the amount shown above. Payment of funds: The grant shall be effective upon final approval by NCEM of the grant budget and program narrative and the execution of the forthcoming Memorandum of Agreement (MOA). Grant funds will be disbursed (according to the approved project budget) upon receipt of evidence that funds have been invoiced and products received and/or that funds have been expended (i.e., invoices, contracts, itemized expenses, etc.). Conditions: The subrecipient agrees that funds will only be expended to complete the approved project(s) not to exceed the funding amount for the project(s) during the designated period of performance. The subrecipient also agrees to comply with all terms, conditions and responsibilities specified in the MOA, and to comply with all applicable federal, state, and local laws, and rules and regulations in the performance of this grant. Supplanting: The subrecipient confirms that grant funds will not be used to supplant or replace local or state funds or other resources that would otherwise have been available for homeland security activities. Required Documents/Forms: The subrecipient must submit the following documents to (ncemgrants1@ncdps.gov) upon execution of the MOA:  W-9 (09 NCAC 03M .0202)  Electronic Payment / Vendor Verification Form (09 NCAC 03M .0202)  Sworn (Notarized) No Overdue Tax Debt Certification (G.S. 143C-6-23.(c))  Conflict of Interest Policy (G.S. 143C-6-23.(b))  Copy of SUBRECIPIENT’s procurement policy In the box below, list the names and emails authorized as subrecipient signatories for the above-referenced MOA in the preferred order of signature and receipt. Append “cc” to designate copy-only. Example: John Smith (john.smith@yahoo.com) Mary Jones (mary.jones@hotmail.com) Sam Brown (s.brown@gmail.com) cc DocuSign Envelope ID: B2F32339-BE9C-40B3-B072-C3508FD803EC Larry Smith (ltsmith@harnett.org) Kimberly Honeycutt (Khoneycutt@harnett.org) Brent Trout (Btrout@harnett.org) Zach Shean (zshean@harnett.org) CC HCBOC 101023 ws Pg. 7 September 21, 2023 Homeland Security Grant Program (HSGP) Fiscal Year 2023 SUBAWARD NOTIFICATION Zach Shean Period of Performance: September 1, 2023 to February 28, 2026 Harnett County Project Title: Variable Message Board 1005 Edwards Brothers Drive Total Amount of Award: $19,775.45 Lillington , NC 27546- MOA #: 2340027 North Carolina Emergency Management (NCEM) is pleased to inform you that the federal Fiscal Year (FY) 2023 Homeland Security Grant Program (HSGP) has been approved for funding. In accordance with the provisions of FY 2023 HSGP award, NCEM hereby awards to the foregoing subrecipient a grant in the amount shown above. Payment of funds: The grant shall be effective upon final approval by NCEM of the grant budget and program narrative and the execution of the forthcoming Memorandum of Agreement (MOA). Grant funds will be disbursed (according to the approved project budget) upon receipt of evidence that funds have been invoiced and products received and/or that funds have been expended (i.e., invoices, contracts, itemized expenses, etc.). Conditions: The subrecipient agrees that funds will only be expended to complete the approved project(s) not to exceed the funding amount for the project(s) during the designated period of performance. The subrecipient also agrees to comply with all terms, conditions and responsibilities specified in the MOA, and to comply with all applicable federal, state, and local laws, and rules and regulations in the performance of this grant. Supplanting: The subrecipient confirms that grant funds will not be used to supplant or replace local or state funds or other resources that would otherwise have been available for homeland security activities. Required Documents/Forms: The subrecipient must submit the following documents to (ncemgrants1@ncdps.gov) upon execution of the MOA:  W-9 (09 NCAC 03M .0202)  Electronic Payment / Vendor Verification Form (09 NCAC 03M .0202)  Sworn (Notarized) No Overdue Tax Debt Certification (G.S. 143C-6-23.(c))  Conflict of Interest Policy (G.S. 143C-6-23.(b))  Copy of SUBRECIPIENT’s procurement policy In the box below, list the names and emails authorized as subrecipient signatories for the above-referenced MOA in the preferred order of signature and receipt. Append “cc” to designate copy-only. Example: John Smith (john.smith@yahoo.com) Mary Jones (mary.jones@hotmail.com) Sam Brown (s.brown@gmail.com) cc DocuSign Envelope ID: B287DA8D-4A50-49CA-88DC-B5FE6E352B71 Larry Smith (ltsmith@harnett.org) Kimberly Honeycutt (Khoneycutt@harnett.org) Brent Trout (Btrout@harnett.org) Zach Shean (zshean@harnett.org) CC HCBOC 101023 ws Pg. 8 Board Meeting Agenda Item MEETING DATE: October 16, 2023 TO: HARNETT COUNTY BOARD OF COMMISIONERS SUBJECT: Harnett County Library – Permission to receive ALA Grant Funds REQUESTED BY: Angela McCauley, Library Director REQUEST: FINANCE OFFICERS RECOMMENDATION: COUNTY MANAGERS RECOMMENDATION: The Harnett County Public Library respectfully requests permission to accept the American Library Association’s Community Connect: Fostering Digital Access Grant on behalf of the Angier Public Library. This grant award includes 5 laptops, 5 hotspots, 1 year of cellular network service for each hotspot, and $2000 to go towards digital literacy programming, equipment, and supplies. No match required. Insert text here. Insert text here. Item 7 HCBOC 101023 ws Pg. 9 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2023\101023 ws\8.1.1 Greenfield_Agenda Form.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: October 16, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Zoning Change: Case # PLAN2307-0005 REQUESTED BY: Mark Locklear, Development Services REQUEST: Landowner / Applicant: LGI Homes NC LLC / Greenfield Communities; 35.36 +/- acres; Pin #0655-02-6490.000; From RA-40 to RA-30 Zoning District; Hector’s Creek Township; SR # 1414 (Piney Grove Rawls Road). Development Services staff recommends approval of the proposed zoning change based on residential growth patterns in this area. Additional Information: At the September 5th Planning Board meeting, the board voted 5-0 to recommend approval of the rezoning due to the compatibile residential growth in this area. -No one spoke in opposition. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 8 HCBOC 101023 ws Pg. 10 HCBOC 101023 ws Pg. 11 HCBOC 101023 ws Pg. 12 HCBOC 101023 ws Pg. 13 HCBOC 101023 ws Pg. 14 HCBOC 101023 ws Pg. 15 HCBOC 101023 ws Pg. 16 HCBOC 101023 ws Pg. 17 HCBOC 101023 ws Pg. 18 STAFF REPORT Page 1 of 8 REZONING STAFF REPORT Case: PLAN2307-0005 Sarah Arbour, Long Range Planner sarbour@harnett.org Phone: (910) 814-6414 Fax: (910) 814-8278 Planning Board: September 5, 2023 County Commissioners: October 16, 2023 Requesting a change of zoning from RA-40 to RA-30 Applicant Information Owner of Record: Applicant: Name: LGI Homes NC LLC Name: Greenfield Communities Address: 1450 Lake Robbins Dr. Suite 430 Address: 8601 Six Forks Rd., Suite 270 City/State/Zip: The Woodlands, TX 77380 City/State/Zip: Raleigh, NC 27615 Property Description PIN(s): 0655-02-6490.000 Acreage: 35.36 Address/SR No.: Piney Grove Rawls Rd., Fuquay-Varina 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 101023 ws Pg. 19 STAFF REPORT Page 2 of 8 Physical Characteristics Site Description: The site is a +/- 35 acre undeveloped tract of land. There is a pond located in the NW section of the property and a small, private cemetery along the south property line. Surrounding Land Uses: Surrounding land uses consist of single-family residences, and agricultural activities. The property is located to the west of the Regalwood subdivision and to the south of the Serenity Planned Unit Development (PUD) – an approximately 573 acre development with 1,190 proposed lots, and an overall permitted density of over 2.39 acres. Surrounding Projects and Developments HCBOC 101023 ws Pg. 20 STAFF REPORT Page 3 of 8 Services Available Water: Public (Harnett County) Private (Well) Other: Unverified Sewer: Public (Harnett Count y) Private (Septic Tank) Other: unverified Transportation Annual Daily Traffic Count: Annual average daily trips Piney Grove Rawls Rd. – 8400 Site Distances: Good Zoning District Compatibility CURRENT REQUESTED RA-40 RA-30 Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family X X Manufactured Homes, (with design criteria) X With SUP Manufactured Homes X With SUP Multi-Family X With SUP Institutional X X Commercial Services X With SUP X With SUP Retail Wholesale Industrial Manufacturing The following is a summary list of potential uses. For all applicable uses for each Zoning district please refer to the UDO’s Table of Uses. HCBOC 101023 ws Pg. 21 STAFF REPORT Page 4 of 8 Land Use Classification Compatibility Site Photos Land Use ZONING Agricultural/ Rural Residential RA-30 C Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family X X Manufactured Homes, Design Regulated X With SUP Manufactured Homes X With SUP Multi-Family X With SUP Institutional X X Commercial Service X With SUP Retail Wholesale Industrial Manufacturing The above is a summary list of potential uses. For all applicable uses for each Zoning district please refer to the UDO’s Table of Uses. HCBOC 101023 ws Pg. 22 STAFF REPORT Page 5 of 8 Road View HCBOC 101023 ws Pg. 23 STAFF REPORT Page 6 of 8 Evaluation Yes Yes No 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 adjacent property owners is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. The requested rezoning of the property to RA-30 may result in the expansion of sewer service for future development, and may improve the existing road network for the adjacent developments via connection to stub roads in adjacent developments. The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested zoning district is not fully compatible with the Agricultural and Rural Residential land use classification. Typically, this land use classification is primarily for agricultural and low-density residential land uses, and is located in areas of the County that lack utility infrastructure and rely on septic system for wastewater treatment. However, the recent introduction of sewer to the area has made the land more suitable for higher density residential developments and greater use intensities. As a result, the existing land uses in the area have changed considerably and no longer reflect the typical development patterns compatible with the existing future land use classification, which was adopted in 2016. The future land use classification in this area will be re- evaluated through the comprehensive land use plan update in the coming months. Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested zoning designation would enhance the public health, safety and general welfare due to the potential for increased connectivity of the road network through the potential road connections from the Serenity development to the north and the Regalwood Development to the south. Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: The request does not need to be evaluated for Small Scale Rezoning HCBOC 101023 ws Pg. 24 STAFF REPORT Page 7 of 8 based on the size of the property and the similarity of permitted uses in the requested zoning district. Suggested Statement-of-Consistency (Staff concludes that…) As stated in the evaluation, the requested rezoning to RA-30 is reasonable due to the compatibility with surrounding land uses and the availability of public water and public sewer. Therefore, it is recommended that this rezoning request be APPROVED. Additional Information On September 5, 2023 the Harnett County Planning Board voted unanimously (4-0) to recommend approval of this rezoning due to the growth patterns in this area. Three residents were present from the adjacent Regalwood subdivision to speak in opposition of the proposed rezoning. Concerns included: - The residents opposed a possible connection to the Regalwood Subdivision road stub, Sherman Drive, in the event that the subject property is developed as a major subdivision due to a possible increase in traffic. Residents stated that the current width of Sherman Rd. cannot accommodate an increase in residential or construction traffic and expressed concerns of the safety and accessibility of the active open space for the subdivision. -The residents also opposed the request to rezone due to concerns that the lot and home sizes would be incompatible with the current lot and home sizes in their existing subdivision. 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 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.) 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 finding 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: HCBOC 101023 ws Pg. 25 STAFF REPORT Page 8 of 8 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 101023 ws Pg. 26 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2023\101023 ws\8.2.1 CE Group_Comm_Agenda Form PLAN2305-0003.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: October 16, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Zoning Change: Case # PLAN2308-0003 REQUESTED BY: Mark Locklear, Development Services REQUEST: Landowner / Applicant: MVI Group, LLC / CE Group, Inc.; 10.10 +/- acres; Pin #0653-30-4549.000; From RA-20 M to Commercial Zoning District; Hector’s Creek Township; US Hwy 401 North. Development Services staff recommends approval of the proposed zoning change based on compatibility with the County's Land Use Plan. Additional Information: At the September 5th Planning Board meeting, the board voted 4-0 to recommend approval of the rezoning due to Land Use Plan compliance. -There was one resident present to speak in opposition of the requested rezoning. The resident expressed concerns that some of the uses permitted within the Commercial zoning district could have potential negative impacts on his family's adjacent properties with noise, light, and air pollution. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: HCBOC 101023 ws Pg. 27 HCBOC 101023 ws Pg. 28 HCBOC 101023 ws Pg. 29 HCBOC 101023 ws Pg. 30 STAFF REPORT Page 1 of 6 REZONING STAFF REPORT Case: PLAN2308-0003 Sarah Arbour, Planner II sarbour@harnett.org Phone: (910) 814-6414 Fax: (910) 814-8278 Planning Board: September 5, 2023 County Commissioners: September 18, 2023 Requesting a Rezoning from RA-20M to Commercial Applicant Information Owner of Record: Applicant: Name: MVI Group, LLC Name: CE Group, INC. Address: 1611 Jones Franklin Rd., Ste 101 Address: 301 Glenwood Ave. Ste 220 City/State/Zip: Raleigh, NC 27606 City/State/Zip: Raleigh, NC 27603 Property Description PIN(s): 0653-30-4549.000 Acreage: 9.69 Address/SR No.: US 401 N., Fuquay-Varina, NC 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 101023 ws Pg. 31 STAFF REPORT Page 2 of 6 Physical Characteristics Site Description: The property is a vacant, unimproved site currently used for agricultural purposes. Background: This section of the property was recently apart of a +/- 115 acre parent tract that extended over US HWY 401 N. The property has now been split into three tracts, with two located on the east side of US 401 N. with frontage along Kipling Church Road. Surrounding Land Uses: The surrounding land uses consist of single-family residences and agricultural activities. There are various non-residential uses in the vicinity, including the religious institution, a post- office. Services Available Water: Public (Harnett County) Private (Well) Other: Unverified Sewer: Public (Harnett County) Private (Septic Tank) Other: unverified Transportation: Annual Average Daily Traffic is 11,000 daily trips for this section of US 401 N. Site Distances: Good HCBOC 101023 ws Pg. 32 STAFF REPORT Page 3 of 6 Zoning District Compatibility Current RA-20M Requested Commercial Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family X Manufactured Homes, (with design criteria) X Manufactured Homes X Multi-Family X (with SUP) Institutional X X Commercial Services X (with SUP) X Retail X Wholesale X (with SUP) Industrial Manufacturing The following is a summary list of potential uses. For all applicable uses for each Zoning district please refer to the UDO’s Table of Uses Land Use Classification Compatibility ZONING LAND USE Commercial EMU & Rural Center Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family Manufactured Homes, Design Regulated Manufactured Homes Multi-Family Institutional X X Commercial Service X X Retail X X Wholesale X (with SUP) X Industrial X Manufacturing X The above is a summary list of potential uses. For all applicable uses for each Zoning district, please refer to the UDO’s Table of Uses. HCBOC 101023 ws Pg. 33 STAFF REPORT Page 4 of 6 Site Photographs Site Site US 401 Road View- North US 401 Road View- South HCBOC 101023 ws Pg. 34 STAFF REPORT Page 5 of 6 Across Road 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 requested zoning change to Commercial is reasonable as the property is located along a major thoroughfare, and there are several non-residential uses in the vicinity. Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING : The requested zoning district is completely compatible with the underlying land uses, Employment Mixed Use and Rural Centers. These two land use classifications are development nodes designed to encourage commercial activity and economic development throughout the County. Yes No The proposal does ENHANCE or maintain public health, safety and general welfare. REASONING : The requested zoning would enhance or maintain public health, safety and general welfare due to a nonresidential growth patterns along US 401 and the required site improvements once developed for commercial use. Yes No The request is for a SMALL-SCALE REZONING and should be evaluated for reasonableness. REASONING : Due the compatibility of the requested zoning classification with the underlying land use and the proximity of the requested zoning classification to the subject property, the request does not need to be evaluated for reasonableness. Suggested Statement-of-Consistency (Staff concludes that…) As stated in the evaluation, the requested rezoning to Commercial would not have an unreasonable impact on the surrounding community based on the presence of the existing businesses in the area, the direct access to US HWY 401, the potential site improvements that would be required, and compatibility with the land use classifications. It is recommended that this rezoning request be APPROVED. Additional Information On September 5, 2023, the Harnett County Planning Board voted unanimously (4-0) to recommend approval of the requested rezoning due to the compatibility with the Harnett County Land Use Plan. HCBOC 101023 ws Pg. 35 STAFF REPORT Page 6 of 6 -There was one resident present to speak in opposition of the requested rezoning. The resident expressed concerns that some of the uses permitted within the Commercial zoning district could negatively impact his family's adjacent properties with noise, light, and air pollution. 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 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.) 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 finding 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 101023 ws Pg. 36 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2023\101023 ws\8.3.1 PLAN2308-0002 Agenda Form.docx Page 1 of 2 Board Meeting Agenda Item MEETING DATE: October 16, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Zoning Change: Case # PLAN2308-0002 REQUESTED BY: Mark Locklear, Development Services REQUEST: Landowner/Applicant: MVI Group, LLC / CE Group, Inc.; 31.023 +/- acres; Pin #0653- 40-2393.000; From RA-30 to Commercial Zoning District; Hector’s Creek Township; SR # 1576 (Kipling Church Road) & NC Hwy 401 N. Development Services recommends approval of the proposed zoning change based on compatibility with the County's land use plan. Additional Information: At the October 2, 2023 Planning Board meeting, the board voted unanimously, (5-0) to recommend denial of the proposed rezoning based on limited road access and the potential impact on the surrounding properties. Several residents spoke in opposition of the proposed rezoning, and one resident spoke in favor of the rezoning, but with concerns. Residents who spoke stated concerns regarding : -Access on SR # 1576, Kipling Church Rd. -Safety for the children who play in the area -Preservation of the area's history and the heritage of the residents in this area -Impacts to the wildlife population HCBOC 101023 ws Pg. 37 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2023\101023 ws\8.3.1 PLAN2308-0002 Agenda Form.docx Page 2 of 2 FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: HCBOC 101023 ws Pg. 38 HCBOC 101023 ws Pg. 39 HCBOC 101023 ws Pg. 40 STAFF REPORT Page 1 of 8 REZONING STAFF REPORT Case: PLAN2308-0002 Sarah Arbour, Planner II sarbour@harnett.org Phone: (910) 814-6414 Fax: (910) 814-8278 Planning Board: October 2, 2023 County Commissioners: October 16, 2023 Requesting a Rezoning from RA-30 to Commercial Applicant Information Owner of Record: Applicant: Name: MVI Group, LLC Name: CE Group, INC. Address: 1611 Jones Franklin Rd., Ste 101 Address: 301 Glenwood Ave. Ste 220 City/State/Zip: Raleigh, NC 27606 City/State/Zip: Raleigh, NC 27603 Property Description PIN(s): 0653-40-2393.000 Acreage: +/- 31.023 Address/SR No.: US 401 N., Fuquay-Varina, NC 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 101023 ws Pg. 41 STAFF REPORT Page 2 of 8 Physical Characteristics Site Description: The property is a vacant, unimproved site currently used for agricultural purposes. Background: This section of the property was recently apart of a +/- 115 acre parent tract that extended over US HWY 401 N. The property has now been split into three tracts. Petitions to rezone the three properties have been submitted to the Planning Department and are in various stages of the review process. Surrounding Land Uses: The surrounding land uses consist of single-family residences and agricultural activities. There are various non-residential uses in the vicinity, including the religious institution, a post- office. Services Available Water: Public (Harnett County) Private (Well) Other: Unverified Sewer: Public (Harnett County) Private (Septic Tank) Other: unverified Transportation: Annual Average Daily Traffic Counts are not available for Kipling Church Rd. Traffic counts for 11,000 daily trips for this section of US 401 N. However, the property does not appear to have direct access to US 401 N. Site Distances: Good HCBOC 101023 ws Pg. 42 STAFF REPORT Page 3 of 8 Currently, the parcel has access to a limited road network. The property only appears to have access via Kipling Church Road, which dead-ends +/- 150’ east of the property, and terminates approximately 600’ to the west at the intersection with Neil Smith Rd.Neil Smith Rd. dead-ends just to the north of this intersection. The intersection utilizes a yield sign for traffic control. Zoning District Compatibility HCBOC 101023 ws Pg. 43 STAFF REPORT Page 4 of 8 Current RA-30 Requested Commercial Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family X Manufactured Homes, (with design criteria) X (with SUP) Manufactured Homes X (with SUP) Multi-Family X (with SUP) Institutional X X Commercial Services X (with SUP) X Retail X Wholesale X (with SUP) Industrial Manufacturing The following is a summary list of potential uses. For all applicable uses for each Zoning district please refer to the UDO’s Table of Uses Land Use Classification Compatibility ZONING LAND USES Commercial -EMU -Rural Center -Medium Density Residential Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family Manufactured Homes, Design Regulated Manufactured Homes Multi-Family Institutional X X Commercial Service X X Retail X X Wholesale X (with SUP) X Industrial X Manufacturing X The above is a summary list of potential uses. For all applicable uses for each Zoning district, please refer to the UDO’s Table of Uses. HCBOC 101023 ws Pg. 44 STAFF REPORT Page 5 of 8 Site Photographs Site HCBOC 101023 ws Pg. 45 STAFF REPORT Page 6 of 8 Across Street Road View HCBOC 101023 ws Pg. 46 STAFF REPORT Page 7 of 8 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 requested zoning change to Commercial is reasonable. The property is located in close proximity to the requested zoning classification and there are several non-residential uses in the vicinity. Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING : The requested zoning district is compatible with the underlying land uses, Employment Mixed Use and Rural Centers. These two land use classifications are development nodes designed to encourage commercial activity and economic development throughout the County. Yes No The proposal does ENHANCE or maintain public health, safety and general welfare. REASONING : The requested zoning would enhance or maintain public health, safety and general welfare due the required site improvements once developed for commercial use. Yes No The request is for a SMALL-SCALE REZONING and should be evaluated for reasonableness. REASONING : Due the compatibility of the requested zoning classification with the underlying land use and the proximity of the requested zoning classification to the subject property, the request does not need to be evaluated for reasonableness. Suggested Statement-of-Consistency (Staff concludes that…) As stated in the evaluation, the requested rezoning to Commercial would not have an unreasonable impact on the surrounding community based on the presence of the existing businesses in the area, the potential site improvements that would be required, and compatibility with the land use classifications. It is recommended that this rezoning request be APPROVED. Planning Board Information At the October 2, 2023 Planning Board meeting, the board voted unanimously, (5-0), to recommend denial of the proposed rezoning based on limited road access and the potential impact on the surrounding properties. Several residents spoke in opposition of the proposed rezoning, and one resident spoke in favor of the rezoning, but with concerns. The residents who spoke stated concerns regarding: -Access on SR # 1576, Kipling Church Rd. -Safety for the children who play in the area -Preservation of the area's history and the heritage of the residents in this area -Impacts to the wildlife population 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 HCBOC 101023 ws Pg. 47 STAFF REPORT Page 8 of 8 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 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.) 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 finding 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 101023 ws Pg. 48 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2023\101023 ws\8.4.1 PLAN2308-0004 Ce Group RA-20R Agenda Form.docx Page 1 of 2 Board Meeting Agenda Item MEETING DATE: October 16, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Zoning Change: Case # PLAN2308-0004 REQUESTED BY: Mark Locklear, Development Services REQUEST: Landowner / Applicant: MVI Group, LLC / CE Group, Inc.; 74.46 +/- acres; Pin #0653-50-3495.000; From RA-30 to RA-20R Zoning District; Hector’s Creek Township; SR # 1576 (Kipling Church Road). Development Services staff recommends approval of the proposed zoning change based on compatibility with the County's land use plan. Additional Information: At the October 2, 2023 Planning Board meeting, the board voted unanimously, (5-0), to recommend denial of the proposed rezoning based on the limited road network and the impact on the adjacent properties. Several residents spoke in opposition of the rezoning and stated concerns regarding: -The ability of the current infrastructure to support a higher residential density, including roads, emergency services, and schools. -Access to a limited road network -Preserving the historic nature of the community for the residents who live there currently HCBOC 101023 ws Pg. 49 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2023\101023 ws\8.4.1 PLAN2308-0004 Ce Group RA-20R Agenda Form.docx Page 2 of 2 FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: HCBOC 101023 ws Pg. 50 HCBOC 101023 ws Pg. 51 HCBOC 101023 ws Pg. 52 HCBOC 101023 ws Pg. 53 STAFF REPORT Page 1 of 7 REZONING STAFF REPORT Case: PLAN2308-0004 Sarah Arbour, Long Range Planner sarbour@harnett.org Phone: (910) 814-6414 Fax: (910) 814-8278 Planning Board: September 5, 2023 County Commissioners: October 16, 2023 Request to rezone from RA-30 to RA-20R Applicant Information Owner of Record: Applicant: Name: MVI Group, LLC Name: CE Group, Inc. Address: 1611 Jones Franklin Rd., Ste 101 Address: 301 Glenwood Ave., Ste 220 City/State/Zip: Raleigh, NC 27606 City/State/Zip: Raleigh, NC 27603 Property Description PIN(s): 0653-50-3495.000 Acreage: +/- 74.46 Address/SR No.: 6758 US 401 N. Fuquay-Varina, NC 27526 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 101023 ws Pg. 54 STAFF REPORT Page 2 of 7 Physical Characteristics Site Description: The subject property is an undeveloped, heavily wooded parcel previously used for agricultural activities. Background: This section of the property was recently apart of a +/- 115 acre parent tract that extended over US HWY 401 N. The property has now been split into three tracts, two located on the East side of US 401 N. with frontage along Kipling Church Road, and the other located directly across US HWY 401 N. Surrounding Land Uses: Surrounding land uses include agricultural uses, single-family homes, including a new residential development located in the Town of Lillington, Matthew’s Landing, a religious institution, and a construction and grading business. Services Available Water: Public (Harnett County) Private (Well) Other: Unverified Sewer: Public (Harnett County) Private (Septic Tank) Other: unverified Transportation Site Distances- Good Traffic counts are not available for Kipling Church Rd. Currently, the parcel only appears to have access via Kipling Church Road, which dead-ends +/- 150’ east of the property, and terminates approximately 600’ to the west at the intersection with Neil Smith Rd. Neil Smith Rd. dead-ends just to the north of this intersection. The intersection utilizes a yield sign for traffic control. HCBOC 101023 ws Pg. 55 STAFF REPORT Page 3 of 7 Zoning District Compatibility Current RA-30 Requested RA-20R Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family X X Manufactured Homes, (with design criteria) X (With SUP) X Manufactured Homes X (with SUP) X Multi-Family X (with SUP) X (with SUP) Institutional X X Commercial Services X (with SUP) X (With SUP) Retail Wholesale Industrial Manufacturing The following is a summary list of potential uses. For all applicable uses for each Zoning district please refer to the UDO’s Table of Uses Land Use Classification Compatibility ZONING LAND USE RA-20R Medium Density Residential/ EMU Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family X X Manufactured Homes, Design Regulated X X Manufactured Homes X X Multi-Family X (with SUP) X (With SUP) Institutional X X Commercial Service X (With SUP) X (with SUP) Retail Wholesale Industrial Manufacturing The above is a summary list of potential uses. For all applicable uses for each Zoning district, please refer to the UDO’s Table of Uses. HCBOC 101023 ws Pg. 56 STAFF REPORT Page 4 of 7 Site Photographs Site Site Road View- West Road View - East HCBOC 101023 ws Pg. 57 STAFF REPORT Page 5 of 7 Across Road Intersection of Neil Smith Rd. & Kipling Church Rd. Kipling Church Rd. – Dead End HCBOC 101023 ws Pg. 58 STAFF REPORT Page 6 of 7 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 reasonable, and the benefits of rezoning outweigh any potential harm to the community due to the compatibility with the underlying future land use. Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The requested rezoning is compatible with the Medium Density Residential and Employment Mixed Use land use classifications. The Medium Density Land use classification exists in areas identified as suitable for gross housing densities of 2-5 units per acre, which could potentially be possible in the requested zoning district. The Employment Mixed Use classification supports a variety of uses, including residential, where appropriate. Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The requested rezoning maintains the public health, safety and general welfare as the uses permitted in the requested zoning classification are compatible with surrounding land uses. Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: The request is not for a small scale rezoning and does not need to be evaluated for reasonableness. The parcel is approximately 74 acres, the uses permitted within the requested zoning district are compatible with the adjacent uses and the land use classifications. Suggested Statement-of-Consistency (Staff concludes that…) As stated in the evaluation, the requested rezoning to RA-20R would not have an unreasonable impact on the surrounding community based on compatibility with the County’s Land Use Plan and the existing surrounding land uses. Therefore, it is recommended that this rezoning request be Approved Planning Board Information At the September 5, 2023 Planning Board, the Harnett County Planning Board voted unanimously to table the rezoning application. At the time of the Planning Board meeting, an insufficient rezoning request application had been submitted for the adjacent property by the same applicant and land owner. It was the will of the Board to wait to consider the rezoning requests together, so the item was tabled. At the October 2, 2023 Planning Board, the Harnett County Planning Board voted unanimously, (5-0), to recommend denial of the rezoning. The Board stated concerns about the limited road network and the possible impacts to the adjacent community. Several residents spoke in opposition at the Planning Board. The residents stated concerns regarding- -The ability of the current infrastructure to support a higher residential density, including roads, emergency services, and schools. -Access to a limited road network -Preserving the historic nature of the community for the residents who live there currently HCBOC 101023 ws Pg. 59 STAFF REPORT Page 7 of 7 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 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.) 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 finding 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 HCBOC 101023 ws Pg. 60 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2023\101023 ws\8.5.1 PLAN2308-0005 Agenda Form.docx Page 1 of 2 Board Meeting Agenda Item MEETING DATE: October 16, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Zoning Change: Case # PLAN2308-0005 REQUESTED BY: Mark Locklear, Development Services REQUEST: Landowner/Applicant: Truelove Enterprises, LLC / Triangle Land Partners, LLC; 121.4 +/- acres; Pin #0539-98-0036.000; From RA-30 to RA-20R Zoning District; Upper Little River Township; SR # 1229 (McDougald Road). Development Services staff recommends denial of the proposed zoning change based on incompatibility with the County's land use plan and surrounding land uses. Additional Information: At the October 2, 2023 Planning Board meeting, the board voted (4-1) to recommend denial of the proposed rezoning. The Board recommeded denial based on incompatibility with the Harnett County land use plan. Several residents attended the meeting to speak in opposition. The residents concerns included: -The potential for an increase in traffic on a section of McDougald Rd. with limited site distance due to the curves in the road and the topography of the land. -Loss of farmland HCBOC 101023 ws Pg. 61 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2023\101023 ws\8.5.1 PLAN2308-0005 Agenda Form.docx Page 2 of 2 FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: HCBOC 101023 ws Pg. 62 HCBOC 101023 ws Pg. 63 HCBOC 101023 ws Pg. 64 HCBOC 101023 ws Pg. 65 STAFF REPORT Page 1 of 8 REZONING STAFF REPORT Case: PLAN2308-0005 Sarah Arbour, Long Range Planner sarbour@harnett.org Phone: (910) 814-6414 Fax: (910) 814-8278 Planning Board: October 2, 2023 County Commissioners: October 16, 2023 Request to rezone from RA-30 to RA-20R Applicant Information Owner of Record: Applicant: Name: Truelove Enterprises, LLC Name: Triangle Land Partners, LLC Address: 11 Spence Way Ln Address: PO Box 5548 City/State/Zip: Lillington, NC 27546 City/State/Zip: Cary, NC 27512 Property Description PIN(s): 0539-98-0036.000 Acreage: 121.40 Address/SR No.: 11 Spence Way Ln Lillington, NC 27546 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 101023 ws Pg. 66 STAFF REPORT Page 2 of 8 Physical Characteristics Site Description: The subject property is a large parcel currently used for agricultural purposes. There is a small, private cemetery located within the property under separate ownership. The site is crossed by Spence Way Ln., a private road in the the upper NW corner of the site and provides access to several properties to the south from McDougald Rd. Surrounding Land Uses: Surrounding land uses include agricultural uses, single-family homes, and manufactured homes. Services Available Water: Public (Harnett County) Private (Well) Other: Unverified Sewer: Public (Harnett County) Private (Septic Tank) Other: unverified Transportation: Annual Average Daily Traffic counts for this section of McDougald Rd. are not available Site Distances: Very Poor facing West, Moderate facing East. Zoning District Compatibility HCBOC 101023 ws Pg. 67 STAFF REPORT Page 3 of 8 Current RA-30 Requested RA-20R Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family X X Manufactured Homes, (with design criteria) X (With SUP) X Manufactured Homes X (with SUP) X Multi-Family X (with SUP) X (with SUP) Institutional X X Commercial Services X (with SUP) X (With SUP) Retail Wholesale Industrial Manufacturing The following is a summary list of potential uses. For all applicable uses for each Zoning district please refer to the UDO’s Table of Uses Compatibility Design Concept Table HCBOC 101023 ws Pg. 68 STAFF REPORT Page 4 of 8 Land Use Classification Compatibility ZONING LAND USE RA-20R Low Density Residential Parks & Rec X X Natural Preserves X X Bona Fide Farms X X Single Family X X Manufactured Homes, Design Regulated X X (With SUP) Manufactured Homes X X (With SUP) Multi-Family X (with SUP) X (With SUP) Institutional X X Commercial Service X (With SUP) X (with SUP) Retail Wholesale Industrial Manufacturing The above is a summary list of potential uses. For all applicable uses for each Zoning district, please refer to the UDO’s Table of Uses. HCBOC 101023 ws Pg. 69 STAFF REPORT Page 5 of 8 Site Photographs Site Site Site Site HCBOC 101023 ws Pg. 70 STAFF REPORT Page 6 of 8 Road View Across Road HCBOC 101023 ws Pg. 71 STAFF REPORT Page 7 of 8 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 unreasonable. The requested zoning district is not adjacent to or located in close proximity to the subject property. As a result, rezoning the property could potentially allow for higher intensity uses and more residential units than the current zoning designation permits, which could result in a greater impact on adjacent properties. Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. REASONING: The intent of the Low Density Residential land use classification is to support smaller lot residential developments in areas where water and sewer are available and the development is compatible with the adjacent land uses; however, sewer service is not available, and the adjacent properties are either undeveloped, used for agricultural activities, or were developed as a compatibility subdivision with 25,000 sq. ft. lots or greater. Therefore, the rezoning request is not compatible with the land use classification. Yes No The proposal does ENHANCE or maintain the public health, safety and general welfare. REASONING: The proposal does not enhance or maintain the public health, safety, and general welfare. The proposal could potentially allow for higher intensity land uses and residential developments with more units, which is incompatible with the established low-density development patterns and ongoing agricultural activities in the vicinity. Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. REASONING: The request is not for a small scale rezoning and does not need to be evaluated for reasonableness due to the size of the tract and the similarities between the existing and proposed zoning classifications. Suggested Statement-of-Consistency (Staff concludes that…) As stated in the evaluation, the requested rezoning to RA-20R would have an unreasonable impact on the surrounding community based on incompatibility with the County’s Land Use Plan and the surrounding land uses in the vicinity. Therefore, it is recommended that this rezoning request be DENIED. Planning Board Information At the October 2, 2023 Planning Board meeting, the board voted (4-1) to recommend denial of the proposed rezoning. The Board recommended denial based on several concerns stated by the residents. Several residents attended the meeting to speak in opposition. The residents’ concerns included: -The potential for an increase in traffic on a section of McDougald Rd. with limited site distance due to the curves in the road and the topography of the land. -Loss of farmland 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 HCBOC 101023 ws Pg. 72 STAFF REPORT Page 8 of 8 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 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.) 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 finding 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 HCBOC 101023 ws Pg. 73 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2023\101023 ws\8.6.1 PLAN2309-0001 Agenda Form.docx Page 1 of 2 Board Meeting Agenda Item MEETING DATE: October 16, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Proposed Text Amendment: Case # PLAN2309-0001 REQUESTED BY: Mark Locklear, Development Services REQUEST: Applicant: Applicant: Sarah Lukaszuk; Harnett County Unified Development Ordinance; Article V, Sections 1.2 (Table of Use Types & Regulations) & Section 7.7.4 (Vehicle, Sales, Leasing & Rental). To amend Harnett County’s U.D.O. to add “Vehicle Sales, Leasing, & Rental” to Use Table as a Special Use in the RA-30, RA-20R, & RA20M Zoning Districts and add D. Vehicle sales, leasing or rental activities are prohibited within approved residential subdivisions.” Development Services staff recommends approval based on compatibility with Harnett County regulatory documents. Additional Information: At the October 2, 2023 Planning Board meeting, the Board voted (5-0) to approve the propsed text amendment based on compatibility with the Harnett County regulatory documents. -No one spoke in opposition. HCBOC 101023 ws Pg. 74 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2023\101023 ws\8.6.1 PLAN2309-0001 Agenda Form.docx Page 2 of 2 FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: HCBOC 101023 ws Pg. 75 HCBOC 101023 ws Pg. 76 HCBOC 101023 ws Pg. 77 HCBOC 101023 ws Pg. 78 HCBOC 101023 ws Pg. 79 HCBOC 101023 ws Pg. 80 Page 1 of 3 TEXT AMENDMENT REQUEST FORM (Internal) Development Services 420 McKinney Pkwy. P.O. Box 65, Lillington, NC 27546 Phone: (910) 893-7525 Fax: (910) 893-2793 Case: PLAN2309-0001 Planning Board: October 2, 2023 County Commissioners: October 16, 2023 Applicant Information Applicant: Name: Sarah & Richard Lukaszuk Address: 135 Milton welch Rd City/State/Zip: Sanford, NC 27332 Type of Change New Addition Revision Ordinance: Unified Development Ordinance Article: V Sections: 1.2, 7.7.4 Current Text: See attachment Proposed Text: (Attach additional sheets if necessary) Please see attachment 1. Reason for Requested Change: To amend Harnett County’s U.D.O. Article V. Use Regulations, Section 1.2 Table of Use Types and Regulations, and Section 7.7.4 Vehicle Sales, Leasing, & Rental use regulations. Additional Information At the October 2, 2023 Planning Board meeting, the board voted (5-0) to recommend approval of the text amendment due to the compatibility with the Harnett County regulatory documents. -There was no one present at the meeting to speak in opposition. Suggested Statement-of-Consistency: (Staff concludes that…) The requested Text Amendment is compatible with Harnett County regulatory documents and the benefits outweigh any potential inconvenience or harm to the community. Therefore, it is recommended that this Text Amendment request be APPROVED ATTACHMENT 1 Red text is proposed HCBOC 101023 ws Pg. 81 Page 2 of 3 Article V. Use Regulations Section 1.2 Table of Use Types & Regulations IND L I COMM O&I CONS RA-40 RA-30 RA-20R RA-20M PARKING USE GROUP LEVEL Vehicle Services Automobile Repair Facility P* P* P* S* S* S* S* S* 3 per bay + 1 per employee 3 Car Wash P* P* P* S* S* S* S* S* 1 per employee + 1 per 200 sq. ft. 3 Parking Lot P P P P S S 3 Repossession Storage Facility (repot lot) P* S* S* 1 per 200 sq. ft. 4 Vehicle Sales, Leasing, & Rental S* S* P* S* S* S* S* 1 per 2 employees (largest shift) OR 1 per 500 sq. ft. 3 7.7 Vehicle Services 7.7.4 Vehicle Sales, Leasing, & Rental A.In no case shall the display area be located within public or private right(s)-of-way or in required landscaping or buffer yards. B.A permanent sales office shall be located on the site of the sales lot. C.No vehicle shall be parked or stored as a source of parts. D. Vehicle sales, leasing or rental activities are prohibited within approved residential subdivision HCBOC 101023 ws Pg. 82 Harnett County Board of Commissioners Page | 1 AN ORDINANCE AMENDING THE HARNETT COUNTY UNIFIED DEVELOPMENT ORDINANCE WHEREAS, the Board of Commissioners of Harnett County adopted the UDO on October 17, 2011 for the purpose of promoting the health, safety, and general welfare of the county residents; and WHEREAS, this ordinance was adopted under authority granted by the General Assembly of the State of North Carolina, particularly G.S. 153A-340; and WHEREAS, the UDO contains provisions for amending said ordinance and those provisions have been followed; and WHEREAS, the Harnett County Planning Board has reviewed the amendment to the article of the UDO as listed below and recommends the adoption of the following amendment. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY, NORTH CAROLINA that Harnett County Unified Development Ordinance Article V: Use Regulations, Section 1.2 Table of Uses & Regulations, and Section 7.7.4 Vehicle Sales, Leasing, & Rental shall be amended to read as indicated in “Attachment”. “Attachment” is filed with the Unified Development Ordinance in the Clerk to the Board’s Office. Duly adopted this 16th day of October 2023 and effective upon adoption. HARNETT COUNTY BOARD OF COMMISSIONERS _______________________________ Matthew Nicol, Chairman ATTEST: ____________________________________ Melissa D. Capps, Clerk HCBOC 101023 ws Pg. 83 Harnett County Board of Commissioners Page | 2 ATTACHMENT Article V. Use Regulations SECTION 1.0 USE TYPES & REGULATIONS 1.2 TABLE OF USE TYPES & REGULATIONS IND L I COMM O&I CONS RA-40 RA-30 RA-20R RA-20M PARKING USE GROUP LEVEL Vehicle Services Automobile Repair Facility P* P* P* S* S* S* S* S* 3 per bay + 1 per employee 3 Car Wash P* P* P* S* S* S* S* S* 1 per employee + 1 per 200 sq. ft. 3 Parking Lot P P P P S S 3 Repossession Storage Facility (repot lot) P* S* S* 1 per 200 sq. ft. 4 Vehicle Sales, Leasing, & Rental S* S* P* S* S* S* S* 1 per 2 employees (largest shift) OR 1 per 500 sq. ft. 3 7.7.4 Vehicle Sales, Leasing, & Rental A. In no case shall the display area be located within public or private right(s)-of-way or in required landscaping or buffer yards. B. A permanent sales office shall be located on the site of the sales lot. C. No vehicle shall be parked or stored as a source of parts. D. Vehicle sales, leasing or rental activities are prohibited within approved residential subdivisions. HCBOC 101023 ws Pg. 84 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2023\101023 ws\9.1 Foster Care Room and Board.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: October 16, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Foster Care Room and Board - Kinship placement payment REQUESTED BY: Paul Polinski, Director Harnett County DSS REQUEST: Effective November 16, 2023, unlicensed kinship foster care board payments go into effect. Reimbursement will be provided to counties at half the board rate. Harnett DSS currently has 75 children that are eligible for monthly payments. We are requesting $450,000 to cover the cost of these payments. The rates are based on the age of the child and range from $351 - $405 per month per child. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 9 HCBOC 101023 ws Pg. 85 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2023\101023 ws\10.1 agendaform2023 Phase 2 SOW 2023 0929.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: October 16, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Cloudwyze Phase 2 broadband expansion REQUESTED BY: Ira Hall, Chief Information Officer REQUEST: Review and approval of the 2nd phase agreement from Cloudwyze for broadband expansion derived from our Harnett County Broadband Initiative RFP in 2020. The 2nd phase will cover part of western Harnett County from highway 87 towards Lillington around the highway 27 corridor. This phase will be entirely a fiber implementation and will cover around 2800 locations. The goal is to reach as many unserved homes and close gaps between potential grant opportunities in this area as possible. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 10 HCBOC 101023 ws Pg. 86 BROADBAND SERVICES AGREEMENT – PHASE 2 This Broadband Services Agreement (this “Agreement”) is made and entered into as of this ___ day of __________, 2023 (the “Effective Date”), by and between CloudWyze, Inc. (the “Company”) and the County of Harnett, North Carolina (the “County”). Each of the foregoing may be referred to herein as a “Party” and collectively as the “Parties”. WHEREAS, the General Assembly of the State of North Carolina (the “State”) has an interest in promoting and facilitating economic development in underserved areas and counties throughout the state; WHEREAS, the State believes that promoting high-speed internet access (“Broadband”) in unserved or underserved counties across North Carolina will encourage economic development; WHEREAS, in further support of this interest, the State has passed legislation that allows counties to make grants to unaffiliated, qualified providers of Broadband; WHEREAS, in accordance with such legislation, the County issued a Request for Proposals to solicit bids from internet service providers to provide affordable Broadband service; WHEREAS, the Company is a provider that is capable of providing the Broadband service contemplated by the Request for Proposal; WHEREAS, the Company responded to the Request for Proposal and the County has reviewed the response from the Company; and WHEREAS, the Company is concluding Phase 1 of its two phase proposal; and WHEREAS, the County desires to implement the second phase of the Company’s proposal pursuant to which the Company will offer certain Broadband to underserved areas of the County (the “Broadband Program”). 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: 1. Services. The Company shall provide Broadband service targeted at a minimum speed of 25 Mbps (megabits per second) or more download and 3 Mbps (megabits per second) or more upload to unserved and underserved areas of the County in accordance with the specific terms and conditions set forth on the Statement of Work (“SOW”) attached hereto as Exhibit A (the “Services”). Any material change in or addition to the Services must be mutually agreed upon by the Parties in writing and set forth on a Change Order or separate SOW. Notwithstanding the foregoing, the County recognizes that the Company may need to make technological decisions and changes to the Services and the Company agrees to seek prior approval of the County for such change, which approval shall not be unreasonably withheld, conditioned, or delayed. The terms HCBOC 101023 ws Pg. 87 Page 2 of 12 and conditions of this Agreement shall be construed in such a manner as to avoid conflict with the terms and conditions of any SOW and/or any Change Order; however, in the event of conflict, the terms and conditions of this Agreement shall control, unless otherwise specifically agreed by the parties in the SOW or Change Order. 2. Term. The term of this Agreement shall begin on the Effective Date and shall continue for four (4) years (the “Initial Term”); thereafter, this Agreement shall automatically renew for additional one (1) year terms (each a “Renewal Term”, and, together with the Initial Term, the “Term”) unless one Party provides the other with thirty (30) days’ notice of election not to renew the Agreement. 3. Termination. Notwithstanding the notice provisions of Section 32 of this Agreement, termination notice made under this Agreement shall be transmitted via US Mail, Certified Return Receipt Requested and the period of notice for termination shall begin on the day the return receipt is signed and date. Either Party may terminate this Agreement or any SOW (a) upon written notice for the other Party’s failure to comply with any material provision of this Agreement; provided, however, such Party provides the breaching Party with written notice of such failure or noncompliance and the breaching Party fails to cure such failure or non-compliance within thirty (30) days after receipt of such written notice; or (b) upon (i) the filing of a voluntary or involuntary petition for bankruptcy or similar proceeding of or with respect to the other Party or (ii) the making by the other Party of a general assignment for the benefit of its creditors. Termination shall not relieve either Party of any obligation under, or liability for any breach of, this Agreement to the extent such obligation or liability was incurred prior to such termination. Termination of this Agreement shall automatically terminate all SOWs issued hereunder; however, termination of any individual SOW shall not automatically terminate this Agreement. 4. Availability of Funds. Any and all payments to Company are expressly contingent upon and subject to the appropriation, allocation and availability of funds to the County for the purposes set forth in this Agreement. If this Agreement or any SOW issued hereunder is funded in whole or in part by federal funds, the County’s performance and payment shall be subject to and contingent upon the continuing availability of said federal funds for the purposes of the Agreement or SOW. If the term of this Agreement extends into fiscal years subsequent to that in which it is approved such continuation of the Agreement is expressly contingent upon the appropriation, allocation, and availability of funds by the Harnett County Board of Commissioners for the purposes set forth in the Agreement. If funds to effect payment are not available, the County will provide written notification to Company. If the Agreement is terminated under this Section 4, Company agrees to take back any affected deliverables and software not yet delivered under this Agreement, terminate any services supplied to the County under this Agreement, and relieve the County of any further obligation thereof. The County shall remit payment for deliverables and services accepted prior to the date of the aforesaid notice in conformance with the payment terms outlined in Section 5. Notwithstanding anything herein to the contrary, this Section 4 shall not apply with respect to any SOW entered into by the County. 5. Compensation. During the term of this Agreement, for Services rendered in accordance herewith, the county shall pay to Company compensation as described, on the SOW. The County shall pay the amounts listed on the SOW within 30 days of completion of the HCBOC 101023 ws Pg. 88 Page 3 of 12 Anticipated Activity outlined on the SOW, provided that the work performed in accordance with such Anticipated Activity meets the approval of the County, which approval shall not be unreasonably withheld, conditioned, or delayed. Completion of Anticipated Activity shall include receipt by the County of a sufficient invoice at each scheduled Payment. 6. County Assistance and Continuing Obligations. (a) The County hereby agrees to take all actions and to execute, deliver, and file such other documents and instruments that are: (i) reasonably requested by Company to perform the Services; or (ii) necessary or appropriate to effectuate the terms of this Agreement and the intent of the Parties as reflected herein. The County further agrees that it will in a timely manner respond to all requests by Company for Services-related feedback, discussions, or information. (b) The County shall allow the Company reasonable access to real property, including any improvements thereon, owned, leased, licensed, or otherwise controlled by the County, and shall provide Company with a license to use such property for the duration of the Term, for the purposes of installing, repairing, and maintaining all equipment necessary or appropriate to provide the Services (the “Equipment”). The Company shall pay directly for all utilities and services supplied to such locations, to the proportionate extent supporting the Services, including but not limited to electricity, telephone, security, gas, and cleaning of the locations, together with any taxes thereon. Any changes to such property requested or required by the County shall be at the County’s expense. The Company shall, at its own expense, repair, replace, and/or ameliorate any and all damage made to such property in the course of the Company’s performance under this Agreement. 7. Ownership. The County acknowledges and agrees that, as between the Parties, the Company has been and will continue to be the sole and exclusive owner of all Equipment, trademarks, copyrights, patents, and any other intellectual property rights and other proprietary rights owned by the Company in connection with the Services and any and all of the foregoing. The County acknowledges and agrees that, as between the Parties, the Company will be the sole and exclusive owner of all derivative works of, improvements to or modifications to the Services and all trademarks, copyrights, patents, and any other intellectual property rights and other proprietary rights in connection with the Services and any and all of the foregoing. 8. Right to Subcontract. In the performance of its obligations hereunder and delivery of the Services, the Company shall have the right, in its sole discretion, to subcontract its rights and responsibilities to any third party. 9. Representations and Warranties. Each Party represents and warrants to the other Party, as of the date hereof and each date on which a SOW is agreed upon by the Parties, that: (a) Power and Authority. Such Party has the full power and authority to execute and deliver this Agreement and each SOW and to perform their terms, that such Party’s execution, delivery and performance hereof and thereof has been, or shall be in the case of each SOW, duly authorized by all necessary corporate or other action by such Party, and that this Agreement and each SOW shall constitute such Party’s legal, valid and binding obligations, enforceable against such Party in accordance with its terms. HCBOC 101023 ws Pg. 89 Page 4 of 12 (b) No Conflict. The execution, delivery, and performance by such Party of this Agreement and any SOW do not (a) conflict with or result in a breach of any of the articles of incorporation, bylaws, or other charter documents of such Party; (b) contravene any applicable law or regulation, or (c) conflict with or result in a breach of or default (with or without notice or lapse of time or both) under any material contract, agreement or instrument to which such Party is a party or by which its assets may be affected or bound. (c) Litigation. There are no demands, assertions, claims, actions or proceedings, judicial, governmental or otherwise, pending or, to such Party’s knowledge, threatened against such Party which affect such Party’s ability to perform its obligations under this Agreement or any of the SOWs. (d) Accuracy of Information. To such Party’s knowledge, all records, accounts, data, documents and other information furnished by such Party to the other Party are true and correct in all material respects. 10. Independent Contractor. The Company shall perform under this Agreement as an independent contractor, and not as an employee, agent, representative, or partner of the County. The Company shall not be considered an employee of the County, nor shall the Company nor any of its employees be entitled to participate in any plans, arrangements or distributions of the County pertaining to any benefits provided to regular employees of the County. The Company shall have the right to perform work for the County as long as the Company fulfills its obligations hereunder. 11. Non-Solicitation. During the Term and for a period of two (2) years thereafter, the County shall not, directly or indirectly (i) solicit or request any employee of the Company to leave the employ of or cease working for the Company; (ii) solicit or request any employee of the Company to join the employ of, or begin working for, any individual or entity that researches, develops, markets or sells products or services that compete with those of the Company; or (iii) induce or attempt to induce any supplier or vendor of the Company to terminate or breach any written or oral agreement or understanding with the Company. 12. Governmental Approval. The Company’s ability to implement the Services is contingent upon its obtaining any and all necessary certificates, permits, licenses and other approvals that may be required by any applicable governmental authorities. In the event that a zoning variance, special use permit or some other governmental approval is required in connection with the installation, repair, maintenance, replacement, removal, operation, or modification of the Company’s equipment, the Company shall be solely responsible for obtaining the appropriate approval. The County hereby agrees to take all actions and shall execute, deliver, and file such other documents and instruments reasonably requested by the Company to obtain government approval to implement the Services; provided that nothing contained herein shall be construed as a guarantee that such government approval will be granted. Entry into this Agreement shall not in any way be construed as a waiver of any zoning, permit, or other requirement imposed by local, state, or federal law. 13. Confidentiality. The County recognizes that, during the term of this Agreement, it may have access to confidential or proprietary information of the Company including, but not limited to trade secrets, client lists and the existence of client relationships (and the financial terms HCBOC 101023 ws Pg. 90 Page 5 of 12 relative thereto), client files, software, analytical techniques, databases, financial statements, pricing data, vendor lists, forms, business plans, budgets, schedules, projections, costs analyses, any proprietary information identified by the Company as confidential, and any other unpublished proprietary information of the Company with respect to its business and business operations (the “Confidential Information”). Notwithstanding the foregoing, the term “Confidential Information” as used herein shall not include information, technical data or know-how that: (i) is known by the County at the time of disclosure; (ii) is or becomes known to the public through no fault or breach of this Agreement by the County; (iii) is approved for release by written authorization of the Company; (iv) is disclosed to the County by a third party not in violation of any obligation of confidentiality of which the County is aware; or (v) is independently developed by the County without reference to the Confidential Information. All confidential Information is wholly owned by the Company regardless of whether it is recorded on paper, electronic data file or any other medium. County may serve as custodian of Company’s confidential information and not as an arbiter of claims against Company’s assertion of confidentiality. The Parties recognize that the County is required to comply with North Carolina’s public records laws, including N.C.G.S. § 132-1, et seq. If any request is made pursuant to N.C.G.S. § 132-1, et seq, or any other applicable law, seeking the disclosure of Confidential Information which the County intends to disclose, or if any action is brought pursuant to N.C.G.S. § 132-9, or any other applicable law, to compel the county to disclose Confidential Information, the County shall immediately notify Company in writing. Within thirty (30) days of receipt of such notice, Company may elect to intervene through its counsel, at its own expense, and protect its interest in the Confidential Information. The County shall not disclose any Confidential Information before the expiration of such thirty (30) day period. If Company does not elect to intervene within such thirty (30) day period, County may disclose any Confidential Information it believes in good faith it mush disclose under applicable law. The County shall have no liability to Company with respect to disclosure of information pursuant to N.C.G.S. § 132-1, et seq where the County has formed a good faith basis that the records must be disclosed under applicable law and Company has elected not to intervene following the notification required above. Furthermore, the County shall have no liability to Company with respect to the disclosure of Company’s Confidential Information ordered by a court of competent jurisdiction pursuant to N.C.G.S. § 132- 9 or other applicable law. Upon the request of the Company or the termination of this Agreement, for any reason, the County shall return any Confidential Information, and any copies thereof in any form, in its possession or under its control. Except to the extent required to be disclosed by law or legal process, during the term of this Agreement and for a period not to exceed three (3) years following the termination of this Agreement for any reason, the County agrees that it (i) shall maintain the confidentiality of all such information; (ii) shall not disclose such information; (iii) shall not use such information except to the extent necessary for performance in furtherance of the Services; (iv) shall take all reasonable precautions to prevent the inadvertent or accidental disclosure of such information; and (v) shall timely notify the Company in writing of any misuse or misappropriation of such information that may come to the County’s attention. Notwithstanding the foregoing, the County shall comply with the obligations under foregoing sentence with respect to Confidential Information which constitutes a trade secret under North Carolina law for so long as such Confidential Information remains a trade secret. To the extent allowed by applicable law, the County shall indemnify, defend, protect, and hold harmless the Company and its representatives, HCBOC 101023 ws Pg. 91 Page 6 of 12 agents, and employees from and against all claims, losses, damages, and expenses, arising out of or in any way related to the County’s unauthorized disclosure of any Confidential Information. Except to the extent required by law or legal process, the Company shall ensure that it, its employees, agents, assigns, or subcontractors initiate appropriate safeguards to prevent the use or unauthorized disclosure of any confidential information obtained from the County for any purpose other than performance of this Agreement. The Company ensures that every reasonable attempt to mitigate any such disclosure of confidential information is made. The Company shall indemnify, defend, protect, and hold harmless the County and its representatives, agents, and employees from and against all claims, losses, damages, and expenses, including reasonable attorney’s fees, arising out of or in any way related to the Company’s unauthorized disclosure of any information obtained from the County, its representatives, agents, employees, citizens, and residents. 14. Insurance Coverage. (a) The Company shall procure and maintain, at its own expense, the following insurance coverage in at least the following minimum amounts: Type of Insurance Minimum Coverage Workers’ Compensation As required by statute Professional Errors & Omissions $1,000,000 per occurrence & $3,000,000 aggregate Commercial General Liability $2,000,000 per occurrence & $3,000,000 aggregate Commercial Automobile Liability $1,000,000 per occurrence (b) Providing and maintaining adequate insurance coverage described herein is a material obligation of the Company and is of the essence of this Agreement. All such insurance shall meet all applicable laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that area authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Company shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this Agreement. The limits of coverage under each insurance policy maintained by the Company shall not be interpreted as limiting the Company’s liability and obligations under the Agreement. 15. Indemnification. (a) To the fullest extent permitted by law, and except to the extent caused by the negligence or intentional misconduct of any of the County Indemnified Parties (as defined below), Company shall indemnify, defend, and hold harmless the County, and the County’s representatives, agents and employees (the “County Indemnified Parties”) from and against all HCBOC 101023 ws Pg. 92 Page 7 of 12 claims, losses, damages and expenses, including reasonable attorney’s fees (collectively, “Claims”) arising out of or resulting from Company’s negligence or intentional misconduct in the performance of the Services. (b) To the fullest extent permitted by law, and except to the extent caused by the negligence or intentional misconduct of any of the Company Indemnified Parties (as defined below), County shall indemnify, defend, and hold harmless the Company, and the Company’s representatives, agents and employees (the “Company Indemnified Parties”) from and against all Claims arising out of or resulting from the County’s negligence or intentional misconduct related to the performance of the Services. 16. Disclaimer of Warranties, Uptime, and Consequential Damages. (a) The Company does not guarantee that the Services will be available to all commercial and residential customers located within its geographic service area. (b) The Company does not guarantee that the Services will maintain any level of uptime or operability and shall not be liable for any failure of the Broadband or the Services to maintain any specific level of uptime or operability provided that Company shall provide commercially reasonable Service Level Agreements to all Harnett County commercial and residential customers. (c) The Company hereby expressly disclaims all warranties with respect to the Broadband or the Services provided, whether express or implied, written, oral or statutory, including, without limitation, any implied warranty of merchantability, or implied warranty of fitness for a particular purpose. (d) In no event shall either party be liable to the other for any punitive damages, or for any lost profits or lost business opportunity, in each case arising under or in relation to this Agreement (including with respect to the performance or non-performance of the services), whether arising under breach of contract, tort or any other legal theory. 17. Amendment. Except as otherwise specifically provided in this Agreement, this Agreement may be amended in whole or in part only upon the written consent of the parties. 18. Severability. Each provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or validity shall not affect the validity of the remainder of this Agreement. 19. Compliance with Laws. The Company shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority. 20. North Carolina Law. The substantive laws of the State of North Carolina shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of North Carolina or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of North Carolina. The state HCBOC 101023 ws Pg. 93 Page 8 of 12 courts of Harnett County, North Carolina shall have sole and exclusive jurisdiction over any dispute relating to this Agreement, and the Company hereby expressly waives any defense or claim it may have based on venue, forum non conveniens, or diversity of parties. 21. Dispute Resolution. The parties agree that it is in their mutual interest to resolve disputes informally. A claim by Company shall be submitted in writing to the County for decision. A claim by the County shall be submitted in writing to the Company for decision. The Parties shall negotiate in good faith and use all reasonable efforts to resolve such dispute(s). During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Agreement. If a dispute cannot be resolved between the Parties within thirty (30) days after delivery of notice, either Party may elect to exercise any other remedies available under this Agreement, or at law. This term shall not constitute an agreement by either party to mediate or arbitrate any dispute. 22. E-Verify. Pursuant to N.C.G.S. § 153A-449, the County shall not enter into a contract unless Company and each of its subcontractors comply with the E-Verify requirements of N.C.G.S. Chapter 64, Article 2. Company directed to review the foregoing laws. Company must submit a certification of compliance with E-Verify to the ounty, and on a periodic basis thereafter as may be required by the County. 23. Equal Employment Opportunity. Company shall comply with the Federal and State requirements concerning fair employment and employment of the disabled, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin or physical disability. 24. Integrated Agreement. This Agreement supersedes any and all prior agreements or dealings between the parties hereto and their respective agents, employees, or officers with respect to the subject matter hereof (except as contained in any other agreements contemplated herein), and this Agreement constitutes the entire understanding and agreement between the parties hereto with respect to the subject matter hereof, and there are no agreements, understandings, restrictions, representations or warranties between the parties (subject to such exception) other than those set forth herein or herein provided for. 25. Waiver. No consent or waiver, express or implied, by the County, to or for any breach or default by the Company, in the performance by the Company, its obligations under this Agreement shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by the Company, of the same or any other obligations of the Company under this Agreement. Failure on the part of the County to complain of any act or failure to act of the Company, or to declare the Company, in default, regardless of how long such failure continues, shall not constitute a waiver by the County of its rights hereunder. 26. Assignment. Neither party may assign or otherwise dispose of all or any portion of its right, title, or interest herein to any person without the prior written consent of the other party, which consent may be given or withheld in such other party’s sole and absolute discretion. Any assignment in violation of this section shall be void. Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties, and each of their respective successors and permitted assigns. HCBOC 101023 ws Pg. 94 Page 9 of 12 27. Force Majeure. Neither party shall be held liable or responsible for delay or failure to perform its obligations under this Agreement occasioned by force majeure or any cause beyond its reasonable control, including, without limitation, any act of God, civil disturbance, fire, flood, earthquake, windstorm, unusually severe weather, act of labor trouble, lack of or inability to obtain raw materials, transportation, labor, fuel or supplies or governmental laws, acts, regulations, embargoes, or orders (whether or not such later prove to be invalid). 28. Advertising/Press Release. Company shall not publicly disseminate any information concerning the Agreement without prior written approval from the County. County approval shall not be unreasonably withheld, conditioned, or delayed. All approvals for advertising and press releases shall be sent to Ashley Deans, County Public Information Officer, via email at adeans@harnett.org. Notwithstanding the foregoing, the County acknowledges it shall approve all reasonable requests by Company to publicly announce the Services performed by Company for the County. 29. Third-Party Beneficiaries. The provisions of this Agreement are for the benefit of the County and the Company and not for any other person. However, should any third-party institute proceedings, this Agreement shall not provide any such person with any remedy, claim, liability, reimbursement, cause of action, or other right in excess of those provided herein. 30. Binding Agreement. Subject to the restrictions on transferability set forth in this Agreement, this Agreement shall inure to the benefit of and be binding upon the parties and their respective legal representatives, successors, and assigns. 31. Counterparts; Electronic Delivery. This Agreement may be executed in any number of counterparts with the same effect as if all parties hereto had signed the same document. All counterparts shall be construed together and shall constitute one Agreement, this Agreement and any signed agreement or instrument entered into in connection with this agreement or contemplated hereby, and any amendments hereto or thereto, to the extent signed and delivered by electronic means, shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. 32. Notice. Any notices or other communications required or permitted hereunder shall be in writing and shall be sufficiently given if delivered personally, sent by registered mail or certified mail (return receipt requested), or reputable express courier. Such notice shall be deemed effective when received if given by personal delivery or reputable express courier, and shall be effective three (3) days after mailing by registered or certified mail, at the addresses set forth below: County of Harnett PO Box 1405 Lillington, NC 27546 Attn: Ira Hall, IT Director With a copy to: County of Harnett HCBOC 101023 ws Pg. 95 Page 10 of 12 PO Box 238 Lillington, NC 27546 Attn: Senior Staff Attorney CloudWyze, Inc. 1838 Sir Tyler Drive, Suite 200 Wilmington, NC 28405 Attn.: Shaun Olsen, CEO With a copy to: Michael Best & Friedrich, LLP 5815 Oleander Drive, Suite 300 Wilmington, NC 28403 Attn: Andrew R. Jones, Esq. 33. Survival. The County’s obligation to pay the fees or compensation set forth in any SOW (to the extent not paid prior to termination) shall survive termination of this Agreement. In addition, Sections 7, 9, 10, 11, 12, 13, 14, 15, 17, 18, 20, 21 and 31 and any other provisions required to determine the rights of the parties arising prior to the termination date will survive termination of this Agreement. [Signature Page Follows.] HCBOC 101023 ws Pg. 96 Page 11 of 12 IN WITNESS WHEREOF, the undersigned have duly executed this Agreement as of the date first above written. COUNTY OF HARNETT, NORTH CAROLINA By: Name: Title: CLOUDWYZE, INC. By: Name: Title: HCBOC 101023 ws Pg. 97 Page 12 of 12 EXHIBIT A – PHASE 2 STATEMENT OF WORK This Statement of Work (“SOW”) is made as of the Effective Date and pertains to and is made a part of the Broadband Services Agreement (the “Agreement”) between County and Company. All capitalized terms used but not defined herein shall have the meanings ascribed to such terms in this Agreement. In the event that any terms of this SOW are inconsistent with the terms of this Agreement, then the terms of this Agreement shall control. 1. Scope. As part of the project management process, CloudWyze will prepare and share a project schedule that will be monitored and adjusted as necessary to complete the project on time and within budget. The project plan will consist of the following major components: Design and Engineering, Procurement, Construction Management, Testing, and As-built documentation. As-built documentation and speed tests will be reviewed with Harnett County upon construction completion, resulting in the final milestone being met (Final Review / Acceptance by Harnett County). The network expansion build is depicted in the GANTT chart below. The network expansion will be located near Barbecue in Southern Harnett County, and it will bring fiber internet service to >2,800 homes. The intention is to provide service to as many unserved homes as possible. Any service provided to homes not qualifying as unserved is incidental to reaching unserved homes. After the two-year build phase, CloudWyze will focus on the following: (1) engaging in additional special projects across Harnett County as needed (Wi-Fi hotspots, housing authority partnerships, etc.), and (3) continuing to bring households and businesses online. HCBOC 101023 ws Pg. 98 Page 13 of 12 2. Compensation. During the Term, the County shall pay the Company Two Million Dollars ($2,000,000.00) as follows: PHASE 2 $2,000,000 Anticipated Activity Payment Payment Date Agreement – 10% $200,000 11/1/2023 Project Kickoff – 50% $1,000,000 11/15/2023 500 Homes Passed – 10% $200,000 5/15/2024 1,500 Homes Passed – 10% $200,000 8/15/2024 2,500 Homes Passed – 10% $200,000 11/15/2024 Final Review / Acceptance by Harnett County – 10% $200,000 12/15/2024 IN WITNESS WHEREOF, the undersigned have duly executed this SOW 2 as of the date first above written. COUNTY OF HARNETT, NORTH CAROLINA By: Name: Title: CLOUDWYZE, INC. By: Name: Title: HCBOC 101023 ws Pg. 99 Item 11 HCBOC 101023 ws Pg. 100 HCBOC 101023 ws Pg. 101 HCBOC 101023 ws Pg. 102 HCBOC 101023 ws Pg. 103 HCBOC 101023 ws Pg. 104 HCBOC 101023 ws Pg. 105 HCBOC 101023 ws Pg. 106 HCBOC 101023 ws Pg. 107 HCBOC 101023 ws Pg. 108 HCBOC 101023 ws Pg. 109 HCBOC 101023 ws Pg. 110 HCBOC 101023 ws Pg. 111 HCBOC 101023 ws Pg. 112 HCBOC 101023 ws Pg. 113 HCBOC 101023 ws Pg. 114 HCBOC 101023 ws Pg. 115 HCBOC 101023 ws Pg. 116 HCBOC 101023 ws Pg. 117 HCBOC 101023 ws Pg. 118 \\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2023\101023 ws\12.1 Funding Resolution Agenda Request 10-3-23.docx Page 1 of 2 Board Meeting Agenda Item MEETING DATE: October 16, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Resolution to Apply for Grant and/or Loan Funding for Lead & Copper Rule Revisions Compliance Project REQUESTED BY: Steve Ward, HRW Director REQUEST: This is a formal request for the Board to consider a resolution authorizing a grant and/or loan application to NCDEQ to address the USEPA required Lead & Copper Rule Revisions Compliance Project. The project will construct a lead service line inventory for HRW and its customers. Please place this item on the agenda at the next available meeting as the funding application must be received prior to November 1, 2023. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 12 HCBOC 101023 ws Pg. 119 RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS TO SUPPORT THE HARNETT REGIONAL WATER LEAD & COPPER RULE REVISIONS COMPLIANCE PROGRAM ASSISTANCE PROJECT WHEREAS, Harnett Regional Water has need for and intends to construct, plan for, or conduct a study in a project described as the Harnett County Lead & Copper Rule Revisions Compliance Program Assistance project, and WHEREAS, Harnett Regional Water intends to request a State loan and/or grant assistance for the project, NOW THEREFORE, be it resolved by the Harnett County Board of Commissioners as follows: 1. That Harnett Regional Water, the Applicant, will arrange financing for all remaining costs of the project, if approved for a State loan and/or grant award. 2. That the Applicant will provide for efficient operation and maintenance of the project on completion of construction thereof. 3. That the Applicant will adopt and place into effect on or before completion of the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation, maintenance, and administration of the system and the repayment of all principal and interest on the debt. 4. That the Harnett County Board of Commissioners agrees to include in the loan agreement a provision authorizing the State Treasurer, upon failure of Harnett County to make a scheduled repayment of the loan, to withhold from Harnett County any State funds that would otherwise be distributed to the local government unit in an amount sufficient to pay all sums then due and payable to the State as a repayment of the loan. 5. That the Harnett Regional Water Director, Steve Ward, the Authorized Representative and successors so titled, is hereby authorized to execute and file an application on behalf of the Applicant with the State of North Carolina for a loan and/or grant to aid in the study of or construction of the project described above. 6. That the Authorized Representative, and successors so titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application or the project: to make the assurances as contained above; and to execute such other documents as may be required in connection with the application. HCBOC 101023 ws Pg. 120 7. That the Applicant has substantially complied or will substantially comply with all Federal, State, and local laws, rules, regulations, ordinances, and funding conditions applicable to the project and to Federal and State grants and loans pertaining thereto. Duly adopted by the Harnett County Board of Commissioners this 16th day of October, 2023. HARNETT COUNTY BOARD OF COMMISSIONERS _________________________________________ Matthew B. Nicol, Chairman Harnett County Board of Commissioners Attest: _______________________________ Melissa D. Capps, Clerk HCBOC 101023 ws Pg. 121 FORM FOR CERTIFICATION BY THE RECORDING OFFICER The undersigned duly qualified and acting County Manager of HARNETT COUNTY does hereby certify: That the above/attached resolution is a true and correct copy of the resolution authorizing the filing of an application with the State of North Carolina, as regularly adopted at a legally convened meeting of the HARNETT COUNTY BOARD OF COMMISSIONSERS duly held on the 16th day of October, 2023; and, further, that such resolution has been fully recorded in the journal of proceedings and records in my office. IN WITNESS WHEREOF, I have hereunto set my hand this ________ day of _______________, 20____. _______________________ Melissa D. Capps, Clerk HCBOC 101023 ws Pg. 122 C:\Users\afouts\Desktop\General\agendaform2023.docx Page 1 of 1 Board Meeting Agenda Item MEETING DATE: October 16, 2023 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: ARPA Funding Update and Consideration of Projects REQUESTED BY: Administration (Ally Fouts) REQUEST: Staff will provide updates on our ARPA-funded projects, as well as projects using displaced ARPA funds. Staff is also requesting the consideration of moving forward two projects using displaced ARPA funds: Shawtown High School Alumni Association Sewer Project and Digital Literacy Training with CloudWyze. FINANCE OFFICER’S RECOMMENDATION: COUNTY MANAGER’S RECOMMENDATION: Item 14 HCBOC 101023 ws Pg. 123 Apr 2022 Apr 2023 Oct 2023 Eligible Employee Salaries (Rev Rep)Completed 10,000,000$ 10,000,000$ 10,000,000$ 10,000,000$ 10,000,000$ Emergency (VIPER) Radios Replacement Completed 4,521,649$ 5,611,100$ 5,611,100$ 5,611,100$ 5,611,100$ VIPER Radios for Police Departments In Progress -2,000,000$ 1,571,309$ 1,571,309$ -$ NHWWTP Upgrade Contribution Not Started 5,000,000$ 5,000,000$ 5,000,000$ -$ -$ CAB Grant Not Started 2,000,000$ -2,000,000$ -$ -$ DSS 2nd Floor Upfit In Progress 1,611,068$ 1,200,000$ 1,200,000$ 112,064$ -$ GREAT Grant In Progress 750,000$ 375,000$ 750,000$ 750,000$ -$ Premium Pay for EMS Employees Completed 300,000$ 500,000$ 117,823$ 117,823$ 117,823$ Totals:24,182,717$ 24,686,100$ 26,250,231$ 18,162,296$ 15,728,923$ Remaining Funds for Contingency:161,513$ Apr 2022 Apr 2023 Oct 2023 Funding for Harnett Regional Jetport In Progress 2,500,000$ 2,500,000$ 2,500,000$ 1,853,705$ -$ Fixed Wireless Broadband Phase 2 Match In Progress 2,000,000$ 2,000,000$ 2,000,000$ 2,000,000$ -$ Office 365 Cloud Migration In Progress 1,160,252$ 1,043,259$ 1,043,259$ 1,043,259$ 600,201$ Retention Pay for EMS Employees In Progress -382,177$ 382,177$ 382,177$ 105,000$ IT River Fiber Extension Completed 230,750$ 200,000$ 149,332$ 149,332$ 149,332$ Management Analyst In Progress -100,000$ 100,000$ 100,000$ 10,630$ Riverside Flood Project In Progress 500,000$ 70,000$ 750,000$ 152,025$ 152,025$ Lead for NC Fellow Completed 58,700$ 15,000$ 15,000$ 15,000$ 15,000$ Totals:6,449,702$ 6,310,436$ 6,939,768$ 5,695,498$ 1,032,188$ Remaining Funds for Supplanted Projects:3,060,232$ Options for Remaining Displaced Funds 3,060,232$ Additional Funding for Broadband grant(s) Affordable Housing Animal Shelter Replacement Contribution Board of Elections Replacement Courthouse 3rd Floor Upfit Digital Literacy Grant Economic Development Property or Building Farmer's Market Greenway Contribution Purchase Land for Recreation Restoring Pre-Pandemic Employment Shawtown Alumni Association Sewer Project Solid Waste Convenience Sites Project Allocated Obligated Expended Status Status Harnett County ARPA Funding Overview October 4, 2023 ARPA-Eligible Projects (Obligate by 12/31/2024, Expend by 12/31/2026) Displaced Funding (GENERAL FUNDS--not subject to UG or timeline requirements) Project Allocated Obligated Expended HCBOC 101023 ws Pg. 124 Page 1 OCTOBER 16, 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 BOARD OF EQUALIZATION AND REVIEW There is one (1) vacancy on this Board, an at-large member. Rose Ferguson would like to be considered for appointment. DANGEROUS DOG COMMITTEE There is one (1) vacancy for an alternate on this Board. The vacancy is not district sensitive. HOME & COMMUNITY BLOCK GRANT COMMITTEE There is one (1) vacancy for an older consumer on this Board. JUVENILE CRIME PREVENTION COUNCIL There are three (3) vacancies on this Board. The vacancies are not district sensitive but are position specific, as County Commissioner Appointee. Rose Ferguson would like to be considered for appointment. HISTORIC PROPERTIES COMMISSION There are five (5) vacancies on this Board. The vacancies are for District 1, 2, 3, 5 and two alternates. The qualification of members pursuant to Section 2.2 of the Historic Properties Commission Ordinance state, “A majority of the member of the HPC shall have demonstrated special interest, experience or education in history, architecture, archaeology, or related fields.” (Excerpt from Ordinance attached). Stephanie Taylor would like to be considered for appointment. This would be for the district 2 vacancy. She meets the member qualifications. HARNETT COUNTY COMMISSION FOR WOMEN AND YOUTH There are four (4) vacancies on this Board, District 2, 3, 4, and 5. Item 15 HCBOC 101023 ws Pg. 125 From:Harnett Website To:webboards Subject:Application to Serve on a Board Date:Thursday, September 28, 2023 10:06:23 AM Board:Board of Equalization and Review Voting District:District 2 Name:Rose Ferguson Address:155 Blue Pine Drive City:Spring Lake Zip Code:28390 Telephone: Email:Fergie_1990@yahoo.com Years of Formal Education:18 Civic and fraternal organizations: Fayetteville Business and Professional League Spring Lake Chamber of Commerce National Principal a d Assistant Principal Association Psi Chi National Honor Society Harnett County NAACP Why you would like to serve: To be a voice on a platform to support our community and their investment. Electronic Signature:Rose Ferguson Agreement: I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms of Acceptance. Submitter:174.24.197.145 HCBOC 101023 ws Pg. 126 From:Harnett Website To:webboards Subject:Application to Serve on a Board Date:Thursday, September 28, 2023 10:00:12 AM Board:Juvenile Crime Prevention Council Voting District:District 2 Name:Rose Ferguson Address:155 Blue Pine Drive City:Spring Lake Zip Code:28390 Telephone: Email:fergie_1990@yahoo.com Years of Formal Education:16 Civic and fraternal organizations: Fayetteville Business and Professional League Spring Lake Chamber of Commerce Psi Chi Honor Society National Principal and Assistant Principal Association QP for Mental Health/Developmental Disabilities Why you would like to serve: It is important to be an advocate for young minds and help promote positive changes in our community. I'd like be a "voice" on a platform that have our youth's best interest at hand. Electronic Signature:Rose Ferguson Agreement: I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms of Acceptance. Submitter:174.24.197.145 HCBOC 101023 ws Pg. 127 From:Harnett Website To:webboards Subject:Application to Serve on a Board Date:Wednesday, September 27, 2023 3:42:10 PM Board:Historic Properties Commission Voting District:District 2 Name:Stephanie Taylor Address:130 Rainy Beck Way City:Erwin Zip Code:28339 Telephone: Email:sclarktaylor22@gmail.com Years of Formal Education:7 Civic and fraternal organizations: Texas Archaeological Society Council of Texas Archaeologists American Anthropological Association American Women in GeoSciences Geographical Society of America Phi Kappa Phi - National Honors Society Gamma Theta Upsilon (GTU), President George McGarrah Cemetery Association Why you would like to serve: I have an undergraduate degree in Anthropology and Masters in geographical information sciences (GIS) both of which specialized in archaeology. I recently moved to Harnett county, we are a military family, and work remotely for a cultural resource management firm located in North Texas. My family will be in Harnett county for several years and i'd love to find a way to get "plugged in" to my local community. I am no stranger to Texas' historic properties but would love to know more about the ones in my local community. I hope i'd be able to put some of my professional skills to use by serving on this board. Electronic Signature:Stephanie Taylor HCBOC 101023 ws Pg. 128 Agreement: I understand that checking this box constitutes a legal signature confirming that I acknowledge and agree to the above Terms of Acceptance. Submitter:76.36.157.129 HCBOC 101023 ws Pg. 129 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION ROY COOPER J.ERICK 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 8, 2023 Ms. Melissa Capps Clerk Harnett County Board of Commissioners Post Office Box 759 Lillington, North Carolina 27546 Subject: Secondary Road Partial Abandonment To Whom It May Concern: This is reference to a petition submitted to this office requesting that a street in Harnett County be partially abandoned from the State’s Secondary Road System. Please be advised that this street has been investigated and our findings are that the below listed street is eligible for partial abandonment from the State System. Route Name From To Length SR1422 Ausley Road SR1422 (Ausley Road) SR1402 (Cokesbury Road) 0.18 Mile It is our recommendation that the above-named street be partially abandoned from 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 17 HCBOC 101023 ws Pg. 130 HCBOC 101023 ws Pg. 131 RESOLUTION OF THE HARNETT COUNTY BOARD OF COMMISSIONERS TO PARTIALLY ABANDON A PUBLIC ROAD FROM NORTH CAROLINA’S SECONDARY ROAD SYSTEM WHEREAS, pursuant to North Carolina General Statute §136-63, citizens may, on petition, request the North Carolina Department of Transportation to change or abandon any road in the Secondary Road System when the best interest of the people of the county will be served thereby; WHEREAS, the North Carolina Department of Transportation, upon petition, investigated and recommended the partial abandonment of a 0.18 mile unpaved portion of SR 1422 (Ausley Road) beginning at the intersection of SR 1422 (Ausley Road) and SR 1402 (Cokesbury Road) from the State’s Secondary Road System; WHEREAS, the North Carolina Department of Transportation requested the Harnett County Board of Commissioners to adopt a resolution approving the partial abandonment of SR 1422 (Ausley Road) from the State System if the Harnett County Board of Commissioners concurred with the Department of Transportations’ recommendation; and WHEREAS, said Board of Commissioners concurs with the Depart of Transportations’ recommendation to partially abandon the portion of SR 1422 (Ausley Road). NOW, THEREFORE, be it resolved by the Harnett County Board of Commissioners as follows: The Harnett County Board of Commissioners hereby approves and adopts the recommendation of the North Carolina Department of Transportation to partially abandon from the State’s Secondary Road System the public road or easement which heretofore served as a portion of SR 1422 (Ausley Road) as herein described. The public road or easement to be abandoned is the 0.18 mile unpaved portion of SR 1422 (Ausley Road) beginning from the intersection of SR 1422 (Ausley Road) and SR 1402 (Cokesbury Road) Harnett County, North Carolina shown on the attached Exhibit A and Exhibit B. Duly adopted by the Harnett County Board of Commissioners this 16th day of October, 2023. HARNETT COUNTY BOARD OF COMMISSIONERS _________________________________________ Matthew B. Nicol, Chairman Harnett County Board of Commissioners Attest: _______________________________ Melissa D. Capps, Clerk HCBOC 101023 ws Pg. 132 Harnett County GIS Harnett GIS Surrounding County Boundaries City Limits County Boundary Address Numbers Airport MajorRoads Interstate NC US RoadCenterlines Railroad Parcels CapeFearRiver 0 330 660165Feet 1 inch = 376 feet ² October 3, 2023NOT FOR LEGAL USE .GIS/E-911 Addressing HCBOC 101023 ws Pg. 133 HCBOC 101023 ws Pg. 134