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WORK SESSION AGENDA
Date: Tuesday, July 30, 2024
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 William Morris
2. Pledge of Allegiance and Invocation – Vice Chairman Brooks Matthews
3. Discuss a request for approval to accept a grant from Building Bridges Implementation Funding; Major McNeill, Sheriff’s Office
4. Discuss a request to accept additional grant funding from the North Carolina Department of Environmental Quality for the North Harnett Wastewater Treatment Plant Project; Steve Ward, HRW Director and Brent Trout, County Manager
5. Discuss a request from the Tax Administrator to give a report of the tax settlement to the Board of Commissioners; Christine Wallace, Tax Administrator
6. Discuss a request to charge the Tax Administrator with the collection of all real, personal and public service company taxes for the 2024-2025 levy year and the collection of delinquent taxes from 2014-2024; Christine Wallace, Tax Administrator
7. Discuss a request to adopt a Resolution to participate in the Kroger National Opioid Settlement; Christopher Appel, Senior Staff Attorney
8. Discuss a request regarding the Juvenile Counselor Office; Kenneth Snipes, Facility Maintenance Manager
9. ARPA Quarterly Update and request to amend the ARPA Grant Project Ordinance; Ally Fouts Gaines, Management Analyst
10. Economic Development Quarterly Update; Stephen Barrington, Economic Development Director
11. Financial Quarterly Update; Kimberly Honeycutt, Finance Officer
12. County Manager’s Report – Brent Trout, County Manager
• Resolution requesting NCDOT add Folly Court in Sweetwater Subdivision to the State’s
Secondary Road System.
• Request from Harnett Regional Water to approve contract/amendments for FY 25 in the amount
of $3,395,738.00
i. $500,000.00 Utility Service Co. Inc. Water Tank Maintenance
ii. $725,500.00 The Huffstetler Group, Inc. Filter services and repairs
iii. $2,170,238.00 CRU (Charles Underwood) Booster pump and Sewer lift station repairs.
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Harnett County Board of Commissioners
Page | 2
• NCACC Annual Conference Voting Delegate
• August 5, 2024 Regular Meeting Agenda Review
• Upcoming meetings and invitations
13. Closed Session
14. Adjourn
CONDUCT OF THE JULY 30, 2024 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.
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\\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2024\073024 ws\3.1 Building Bridges Grant.docx
Page 1 of 2
Board Meeting
Agenda Item
MEETING DATE: August 5, 2024
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Building Bridges Implementation Funding/U.S. Department of Justice,
Bureau of Justice Assistance
REQUESTED BY: Sheriff's Office
REQUEST:
The Sheriff's Office request approval to accept a grant from Building Bridges
Implementation Funding issued by the Institute for Intergovernmental Reseach (IIR)
on behalf fo the U.S. Department of Justice, Bureau of Justice Assistance. The funding
will be used to support efforts to enhance the Harnett County Sheriff's Office Opioid
Treatment Program in the detention center. Grant funds will be used to pay for
personnel, equipment and training.
The grant is in the amount of up to $ 250,000.00. The grant will end July 31, 2025.
There is no matching funds required by Harnett County.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 3
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\\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2024\073024 ws\4.1 DEQ Grant Acceptance for HRW
NHWWTP agendaform2024.docx Page 1 of 2
Board Meeting
Agenda Item
MEETING DATE: August 5, 2024
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Department of Environmental Quality Grant Award Acceptance
REQUESTED BY: Steve Ward, Director, Harnett Regional Water and Brent Trout,
County Manager
REQUEST:
The Department of Environmental Quality has selected Harnett Regional Water to
receive a grant in the amount of $14,775,000 for the construction of our expansion of
the North Harnett Waste Water Treatment Plant. The grant will be used to pay for a
portion of the cost for the $104 million dollar plant expansion. The Board of
Commissioners need to approve the attached resolution accepting the money and
agreeing to follow the guidelines of the grant award.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 4
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strong roots • new growth
RESOLUTION ACCEPTING FUNDING FROM
DEPARTMENT OF ENVIRONMENTAL QUALITY
WHEREAS, the Harnett County has received a Directed Projects grant from the 2023 Appropriations Act, Session
Law 2023-134, administered through the Drinking Water Reserve and Wastewater Reserve to assist eligible units of
government with meeting their water/wastewater infrastructure needs, and
WHEREAS, the North Carolina Department of Environmental Quality has offered 2023 Appropriations Act funding
in the amount of $ 14,775,000 to perform work detailed in the submitted application, and
WHEREAS, the Harnett County intends to perform said project in accordance with the agreed scope of work,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF HARNETT COUNTY:
That Harnett County does hereby accept the 2023 Appropriations Act Directed Projects Grant offer of $ 14,775,000.
That the Harnett County Board of Commissioners does hereby give assurance to the North Carolina Department of
Environmental Quality that any Conditions or Assurances contained in the Award Offer will be adhered to.
That Brent Trout, County Manager, and successors so titled, is hereby authorized and directed to furnish such
information as the appropriate State agency may request in connection with this project; to make the assurances as
contained above; and to execute such other documents as may be required by the Division of Water Infrastructure.
Adopted this the 5th day of August.
HARNETT COUNTY BOARD OF COMMISSIONERS
_______________________________
William Morris, Chairman
ATTEST:
_________________________________
Melissa D. Capps, Clerk
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FEDERAL ID & Unique Entity ID # REQUEST MEMO
TO: All Loan and Grant Recipients
SUBJECT: Federal Identification Number
Please be advised that all local government units receiving grant or loan funds from the State of
North Carolina must supply their Federal Identification Number to this office upon acceptance
of your loan/grant offer. Therefore, please provide the information below and return to:
Division of Water Infrastructure
1633 Mail Service Center
Raleigh, North Carolina 27699-1633
RECIPIENT:
PROJECT NUMBER:
FEDERAL IDENTIFICATION NUMBER:
UNIQUE ENTITY ID:
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(Suggested Format)
RESOLUTION BY GOVERNING BODY OF RECIPIENT
WHEREAS, the (unit of Government) has received a Directed Projects grant from the 2023 Appropriations
Act, Session Law 2023-134, administered through the Drinking Water Reserve and
Wastewater Reserve to assist eligible units of government with meeting their
water/wastewater infrastructure needs, and
WHEREAS, the North Carolina Department of Environmental Quality has offered 2023 Appropriations Act
funding in the amount of $ to perform work detailed in
the submitted application, and
WHEREAS, the (unit of government) intends to perform said project in accordance with the agreed scope of work,
NOW, THEREFORE, BE IT RESOLVED BY THE (GOVERNING BODY) OF THE (UNIT
OF GOVERNMENT):
That (unit of government) does hereby accept the 2023 Appropriations Act Directed Projects Grant
offer of $ .
That the (unit of government) does hereby give assurance to the North Carolina Department of
Environmental Quality that any Conditions or Assurances contained in the Award Offer will be adhered to.
That (name and title of 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 this
project; to make the assurances as contained above; and to execute such other documents as may be
required by the Division of Water Infrastructure.
Adopted this the (date adopted) at (place), North Carolina.
(Signature of Chief Executive Officer) Date
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SALES-TAX REIMBURSEMENT CERTIFICATION FORM
(FOR FUNDING PROGRAMS IN THE DIVISION OF WATER INFRASTRUCTURE)
Applicant:
Project Number:
Check If Applicant is not a unit of government under North Carolina law
If Applicant noted above is a Unit of Government in North Carolina, check the applicable box below.
Sales Tax IS deducted in this scenario. Please show this on the disbursement requests.
The construction contract was bid with sales taxes and the unit of government will request
reimbursement from the DOR.
Sales Tax IS NOT deducted in either of these scenarios.
The construction contract was bid with sales taxes and the unit of government will not request
reimbursement from the DOR.
The construction contract was bid without sales taxes
(Printed Name and Title of Authorized Representative)
(Signature of Authorized Representative)
(Date)
Submit to: NC Dept. of Environmental Quality
Division of Water Infrastructure
Pam Whitley, Grant Management Unit
1633 Mail Service Center
Raleigh, NC 27699-1633
\\edc-nasvm01.eads.ncads.net\WI\Data\ARPA 2021\Programmatic\Documentation\3. Funding Commitment\Sales Tax Certification.doc
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Funding Recipient: Payment No. Page No.
DWI Project No. Period Covered From: To:
- I certify that to the best of my knowledge and belief the incurred costs being requested for disbursement are in accordance with terms of the project and that this request represents the %
monies due which have not been previously received and that an inspection has been performed and all work is in accordance with the terms and conditions of the award.
- For applicable SRF projects, the project remains in compliance with Davis-Bacon and American Iron and Steel conditions or is the process of remediating noncompliance.
You must check ONE of the boxes below or your payment will not be processed:
The funds requested above have already been paid to the respective vendors, consultants & contractors by the funding recipient
OR
The funds requested above have not been paid to the respective vendors, consultants & contractors.
Funds received from the State will be disbursed to these entities within three (3) banking days.
Type or Print Name and Title Signature of Authorized Representative Date
Instructions and notes on how to use this form
- Complete guidance for preparing disbursement requests can be found in section G.2. of the North Carolina SRF Program Overiew and Guidance that was included with your Funding offer (applicable to State grants and loans too) .
- The form, as downloaded, is filled out with sample numbers. It is suggested that the sample be used as a reference (saved or printed).
- Please submit ONE COPY of this form and backup documents when requesting funds.
- Only the Authorized Representive can sign this form, unless declared otherwise in a resolution.
- Construction contract line item overruns and engineering contract overruns must have approved change orders or engineering amendments before those costs will be paid.
Rev 01/12/24
DISBURSEMENT REQUEST FORM NC Division of Water Infrastructure
CONSTRUCTION
(Rename as appropriate)
Cumulative Cost
to Date Minus Ineligibles Minus Overruns Not
App'd By Change Order
Subtotal of
Payable Cost
Minus Retainage on
Payable Cost
Minus Cumulative
Sales Tax
Other Adjustments
(Other Funds e.g.)
Minus Previously
Paid to Date
Requested For This
Pay Request
Contract 1 $1,200,000 ($100,000) ($100,000) $1,000,000 ($50,000) ($50,000) ($500,000) ($300,000) $100,000
Contract 2 $505,000 ($5,000) $500,000 ($25,000) ($10,000) ($400,000) $65,000
Contract 3
Contract 4
Contract 5
ENGINEERING
(Rename as appropriate)
Cumulative Cost
to Date
Other Adjustments
(Other Funds e.g.)
Minus Previoulsy
Paid to Date
Requested For This
Pay Request
Item 1 $250,000 ($250,000) $0
Item 2
Item 3
Item 4
OTHER COSTS
(Rename as Appropriate ) Cumulative Cost
to Date
Other Adjustments
(Other Funds e.g.)
Minus Previously
Paid to Date
Requested For This
Pay Request
Item 1
Item 2
Item 3
PAY REQUEST TOTALS Cumulative Cost
to Date Minus Ineligibles Minus Overruns Not
App'd By Change Order
Minus Retainage on
Payable Cost
Minus Cumulative
Sales Tax
Other Adjustments
(Other Funds e.g.)
Minus Previously
Paid to Date
Total Requested For
This Pay Request
$1,955,000 ($100,000) ($105,000) ($75,000) ($60,000) ($500,000) ($950,000) $165,000
Certification Grant Percentage for SRP Projects:
DWI comments
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CERTIFICATION REGARDING UNIFORM RELOCATION
ASSISTANCE AND REAL PROPERTY ACQUISITION POLICIES
(URLAP) ACT OF 1970
Applicant:
Project No.:
Project Name:
Please check appropriate boxes:
I understand that a false statement on this certification may be grounds for rejection or
termination of this loan.
Signature of Applicant’s Authorized Representative or Attorney Date
Typed Name and Title
I certify that all real property (including easements) has been
acquired or condemnation proceedings have been entered into for
property thereby providing legal access for this project.
AND
I certify to the best of my knowledge and belief that the acquisition
of property specifically for the above referenced project is in
compliance with the URLAP Act of 1970 (the Uniform Act). The
acquisition either:
Acquisition of real property did not result in the
displacement of any person, business or farm operation.
or relocation was involved in the land acquisition, the
Federal Highway Administration (FHA) was contacted for
technical assistance.
OR
Compliance with the Uniform Act does not apply because the land
and/or easements associated with the above referenced project were
acquired prior to the inception of the project. Date land
acquired:
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ver. 8/25/2023
Capital Project Ordinance
Be it ORDAINED by the Governing Board of the (Town of Anywhere), North Carolina, that pursuant to
section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital Project
Ordinance is herby adopted.
Section 1: The Project authorized is the (construction/rehabilitation of a wastewater
treatment/collection System) to be financed by (the sale of general obligation bonds/ARRA loan /federal
loan/state loan / state grants and reserves).
Section 2: The officers of this unit are hereby directed to proceed with the capital project within the
terms of the board resolution, loan documents and the budget contained herein.
Section 3: The following amounts are appropriated for the project:
Engineering $ 120,000
Land 90,000
Construction 1,440,000
$ 1,650,000
Section 4: The following revenues are anticipated to be available to complete this project:
Federal/ARRA Loan $ 1,100,000
Proceeds from general Obligation Bonds $ 500,000
Transfer from Wastewater treatment capital Reserve $ 20,000
$ 1,650,000
Section 5: The finance officer is hereby directed to maintain within the capital project fund sufficient
specific detailed accounting records to satisfy the requirements of the grantor agency, the grant
agreements, and federal regulations. The terms of the bond resolution also shall be met.
Section 5: Funds may be advanced from the General Fund for the purpose of making payments as due.
Disbursement requests should be made to the grantor agency in an orderly and timely manner. Section
7: The finance officer is directed to report, on a quarterly basis, on the financial status of each project
element in section 3 and on the total grant/loan revenues received or claimed.
Section 8: The Budget Officer is directed to include a detailed analysis of past and future costs and
revenues on this capital project in every budget submission made to this board.
Section 9: Copies of this capital project ordinance shall be furnished to the clerk to the Governing Board,
and to the Budget Officer and the Finance officer for direction in carrying out this project.
Duly adopted this day of 201_.
Signature, (Authorized Rep)
(Seal)
Attest:
Signature (Town Clerk)
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U:\Commissioner Agenda Items\2024\Tax Settlement Agenda Item.docx Page
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Board Meeting
Agenda Item
MEETING DATE: August 5, 2024
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Report of the 2023-2024 Tax Settlement
REQUESTED BY: Christine L. Wallace, Tax Administrator
REQUEST:
The Tax Administrator requests to give a report of the Tax Settlement to the Board of
Commissioners. No action is necessary for this item.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 5
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HARNETT COUNTY TAX DEPARTMENT
Presented by: Christine L. Wallace, Tax Administrator
Amy K. Bain, Tax Collections Supervisor
July 30, 2023
2023 Tax Settlement
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Introduction
•Per N. C. General Statute 105-373 the Tax Collector must make a report of settlement for the fiscal Year 2023-2024 and prior years.
•This settlement report is a summary of charges to the levy, discovered levy, and penalties. The report also includes the collection of this levy along with releases and adjustments.
•This report will also show the charged levy and collections of Real Property, Personal Property, Public Service Companies, Motor Vehicles, and Gap Registration bills and a comparison over the years.
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2023 Annual Settlement Overview
Total Charges for 2023 Tax Levy
Original Billed Amount $73,649,187.09
Discovered Levy/Additional Levy $ 766,297.49
Penalties/Fees/Interest $ 292,982.58
Total Charges $74,708,467.16
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2023 Annual Settlement Overview
Total Collections for 2023 Tax Levy
Total Amount of Collected Levy $73,710,935.06
Releases/Adjustments $ 469,018.83
Uncollected Real Property $ 343,529.85
Uncollected Personal Property $ 184,983.42
Total Credits $74,708,467.16
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2023 Annual Settlement Overview
Real/Personal Property(IND,BUS,GAP)
Total Billed Actual Collections Uncollected %Collected
$68,639,355.56 $68,281,238.59 $358,116.97 99.48% ( +0.13%)
Public Service
Total Billed Actual Collections Uncollected %Collected
$1,767,358.65 $1,767,358.65 $0.00 100.00% ( No Change)
Motor Vehicles
Total Billed Actual Collections Uncollected %Collected
$10,429,037.94 $ 9,820,795.33 $ 608,242.61 94.17% ( +1.18%)
Gap Bills (Motor Vehicles)
Total Billed Actual Collections Uncollected %Collected
$193,962.22 $109,241.30 $84,720.92 59.40% ( -3.59%)
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5 Year Comparison by Category
Real/Personal
06/30/2020 06/30/2021 06/30/2022 6/30/2023 6/30/2024
99.20% 99.34% 99.38% 99.35% 99.36%
Public Service
06/30/2020 06/30/2021 06/30/2022 6/30/2023 6/30/2024
100% 100% 100% 100.00% 100.00%
Motor Vehicles
06/30/2020 06/30/2021 06/30/2022 6/30/2023 6/30/2024
91.29% 91.81% 92.98% 93.12% 94.17%
Gap Bills (Motor Vehicles)
06/30/2020 06/30/2021 06/30/2022 6/30/2023 6/30/2024
64.64% 68.15% 64.68% 62.99% 59.40%
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Total County Levy (REI,PUB,IND,BUS,RMV,GAP)
Total Billed Actual Collections %Collected
$80,835,752.15 $79,869,392.57 98.80%
The overall levy collected was 0.29% higher than 2022
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Questions?
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U:\Commissioner Agenda Items\2024\Collectors Charge - Agenda Item.docx Page
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Board Meeting
Agenda Item
MEETING DATE: August 5, 2024
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Charge to the Tax Administrator of the 2024-2025 Tax Levy
REQUESTED BY: Christine L. Wallace Tax Administrator
REQUEST:
In accordance with North Carolina G.S. 105-321(b), the Harnett County Board of
Commissioners shall adopt and enter into the minutes an order directing the Tax
Administrator to collect the taxes charged for the 2024-2025 fiscal year.
A motion and order is requested to charge Christine L. Wallace, Tax Administrator,
with the collection of all real, personal, and public service company taxes for the 2024-
2025 levy year, and with the collection of delinquent taxes from 2014-2024.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 6
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Tax Department
305 W. Cornelius Harnett Blvd., Ste. 101, Lillington, NC 27546| 910-893-7520 | www.harnett.org
State of North Carolina
Harnett County
ORDER OF THE BOARD OF COUNTY COMMISSIONERS
IN ACCORDANCE WITH G.S. 105-373, G.S. 105-321 AND G.S. 105-330.3
TO: CHRISTINE L. WALLACE
TAX COLLECTOR OF HARNETT COUNTY, TOWN OF ANGIER, TOWN OF COATS, CITY OF DUNN,
TOWN OF ERWIN, TOWN OF LILLINGTON, TOWN OF BENSON-SATELLITE PROPERTIES, TOWN OF
BROADWAY-SATELLITE PROPERTIES.
You are hereby authorized, empowered, and commanded to collect the taxes remaining unpaid as set out in the 2014
through 2024 tax records filed in the office of the Tax Administrator, and in the tax receipts herewith delivered to you in
the amounts and from the taxpayers likewise therein set forth. You are further authorized, empowered, and commanded
to collect the 2014 through 2024 taxes charged and assessed as provided by law for adjustments, changes and additions
to the tax records and tax receipts delivered to you, which are made in accordance with the law. Such taxes are hereby
declared to be a first lien on all real property of the respective taxpayer in Harnett County, Town of Angier, Town of
Coats, City of Dunn, Town of Erwin, Town of Lillington, Town of Benson-Satellite Properties, Town of Broadway-
Satellite Properties, Averasboro School, Dunn Special Downtown District, Anderson Creek Fire, Angier/ Black River
Fire, Benson Banner Fire, Benhaven Fire, Boone Trail Emergency, Buies Creek Fire, Coats/ Grove Fire, Crains Creek
Fire, Cypress Pointe Fire, Duke Fire, Dunn/Averasboro Fire, Erwin Town Fire, Flat Branch Fire, Flatwoods Fire,
Godwin/Falcon Fire, Northwest Harnett Fire, Spout Springs Fire, Summerville-Bunnlevel Fire, West Area Fire, West
Johnston Fire. This order shall be a full and sufficient authority to direct, require and enable you to levy on and sell, any
real or personal property of such taxpayers, in accordance with the law to attach wages and/or other funds, of such
taxpayers, for and on account thereof, in accordance with law.
You are further authorized to call upon the Sheriff to levy upon and sell personal property under execution for the
payment of taxes.
Within available funds in the budget ordinance and personnel positions established, the Tax Collector may appoint
employees and they have authority to perform those functions authorized by the Machinery Act of Chapter 105 of the
North Carolina General Statutes and other applicable laws for current and previous year’s taxes. County personnel
presently in the Tax Collector’s office continue to serve in their respective positions.
WITNESS my hand and official seal, this the 5th day of August 2024.
_______________________________________________
WILLIAM MORRIS, CHAIRMAN
HARNETT COUNTY BOARD OF COMMISSIONERS
ATTEST:
____________________________________________
CLERK TO THE BOARD OF COUNTY COMMISSIONERS OF HARNETT COUNTY
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RESOLUTION BY THE HARNETT COUNTY BOARD OF COMISSIONERS AUTHORIZING
EXECUTION OF KROGER OPIOID SETTLEMENT AND APPROVING THE SECOND
SUPPLEMENTAL AGREEMENT FOR ADDITIONAL FUNDS
WHEREAS, the opioid overdose epidemic has taken the lives of more than 37,000 North
Carolinians since 2000; and
WHEREAS, the COVID-19 pandemic has compounded the opioid overdose crisis, increasing
levels of drug misuse, addiction, and overdose death; and
WHEREAS, the Centers for Disease Control and Prevention estimates the total economic
burden of prescription opioid misuse alone in the United States is $78.5 billion a year, including the
costs of healthcare, lost productivity, addiction treatment, and criminal justice involvement; and
WHEREAS, Harnett County’s drug overdose death rate in 2021 was 52 per 100,000 residents,
which represents 71 total deaths for that year and the drug overdose emergency department visit rate in
2022 was 206 trips per 100,000 residents, which represents 280 total ED visits for that year; and
WHEREAS, certain counties and municipalities in North Carolina joined with thousands of local
governments across the country to file lawsuits against opioid manufacturers, pharmaceutical distribution
companies, and chain drug stores to hold those companies accountable for their misconduct; and
WHEREAS, a settlement has been reached in litigation against the Kroger Co. (“Kroger”) as
well as its subsidiaries, affiliates, officers, and directors named in the Kroger Settlement; and
WHEREAS, representatives of local North Carolina governments, the North Carolina
Association of County Commissioners, and the North Carolina Department of Justice have negotiated
and prepared a Second Supplemental Agreement for Additional Funds (“SAAF-2”) to provide for the
equitable distribution of the proceeds of these settlements; and
WHEREAS, by joining the settlements and approving the SAAF-2, the state and local
governments maximize North Carolina’s share of opioid settlement funds to ensure the needed
resources reach communities, as quickly, effectively, and directly as possible; and
WHEREAS, it is advantageous to all North Carolinians for local governments, including
Harnett County and its residents, to sign onto the settlements and SAAF-2 and demonstrate solidarity in
response to the opioid overdose crisis, and to maximize the share of opioid settlement funds received
both in the state and this County to help abate the harm; and
WHEREAS, the SAAF-2 directs substantial resources over multiple years to local governments
on the front lines of the opioid overdose epidemic while ensuring that these resources are used in an
effective way to address the crisis;
Item 7
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NOW, THEREFORE BE IT RESOLVED, that the Harnett County Board of Commissioners
hereby authorizes the County Manager to execute all documents necessary to enter into opioid
settlement agreements with Kroger, to execute the SAAF-2, and to provide such documents to Rubris,
the Implementation Administrator.
Adopted this the 5th day of August, 2024.
__________________________________________
William Morris, Chairman
Harnett County Board of Commissioners
ATTEST:
________________________________
Melissa Capps, Clerk to the Board
(SEAL)
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New National Opioids Settlement: KrogerOpioids Implementation Administratoropioidsparticipation@rubris.com
Harnett County, NCReference Number: CL-794243
TO NORTH CAROLINA COUNTIES AND MUNICIPALITIES:
THIS PACKAGE CONTAINS DOCUMENTATION TO PARTICIPATE IN THE NEWNATIONAL OPIOIDS SETTLEMENT. YOU MUST TAKE ACTION IN ORDER TOPARTICIPATE.
Deadline: August 12, 2024
A new proposed national opioids settlement (“New National Opioids Settlement”)has been reached with Kroger (“Settling Defendant”). This Participation Package isa follow-up communication to the Notice of National Opioids Settlement recentlyreceived electronically by your subdivision.
You are receiving this Participation Package because North Carolina is participatingin the Kroger settlement.
This electronic envelope contains:
The Participation Form for the Kroger settlement, including a release of anyclaims.
The North Carolina Second Supplemental Agreement for Additional Fundsfrom Additional Settlements of Opioid Litigation (“SAAF-2”).
The Participation Form must be executed, without alteration, andsubmitted on or before August 12, 2024, in order for your subdivision tobe considered for initial participation calculations and payment eligibility.
The SAAF-2 is a supplement to the North Carolina Memorandum of Agreement(“MOA”) on the allocation, use, and reporting of funds from the prior Wave One andWave Two opioid settlements.
Based upon subdivision participation forms received on or before August 12, 2024,the subdivision participation rate will be used to determine whether participation issufficient for the settlement to move forward and whether a state earns itsmaximum potential payment under the settlement. If the settlement movesforward, your release will become effective. If a settlement does not move forward,that release will not become effective.
Any subdivision that does not participate cannot directly share in the settlementfunds, even if the subdivision’s state is settling and other participating subdivisionsare sharing in settlement funds. Any subdivision that does not participate may alsoreduce the amount of money for programs to remediate the opioid crisis in its state.Please note, a subdivision will not necessarily directly receive settlement funds by
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participating; decisions on how settlement funds will be allocated within a state aresubject to the North Carolina SAAF-2 and MOA.
You are encouraged to discuss the terms and benefits of the New National OpioidsSettlement with your counsel, the North Carolina Attorney General’s Office, theNorth Carolina Association of County Commissioners, and the North Carolina Leagueof Municipalities.
Information and documents regarding the New National Opioids Settlement can befound on the national settlement website athttps://nationalopioidsettlement.com/. This website will be supplemented asadditional documents are created.
Information about how this settlement is being implemented in North Carolina andhow funds will be allocated within the state can be found athttps://www.MorePowerfulNC.org. This website also includes draft resolutiontemplates for your governing body to authorize joining these settlements and theNorth Carolina SAAF-2.
How to return signed forms:
There are three methods for returning the executed Participation Form and anysupporting documentation to the Implementation Administrator:
(1)Electronic Signature via DocuSign : Executing the Participation Formelectronically through DocuSign will return the signed form to theImplementation Administrator and associate your form with yoursubdivision’s records. Electronic signature is the most efficient method forreturning the Participation Form, allowing for more timely participation andthe potential to meet higher settlement payment thresholds, and is thereforestrongly encouraged.
(2)Manual Signature returned via DocuSign : DocuSign allows forms to bedownloaded, signed manually, then uploaded to DocuSign and returnedautomatically to the Implementation Administrator. Please be sure tocomplete all fields. As with electronic signature, returning a manually signedParticipation Form via DocuSign will associate your signed forms with yoursubdivision’s records.
(3)Manual Signature returned via electronic mail : If your subdivision is unable toreturn an executed Participation Form using DocuSign, the signedParticipation Form may be returned via electronic mail toopioidsparticipation@rubris.com. Please include the name, state, andreference ID of your subdivision in the body of the email and use the subjectline Settlement Participation Form – [Subdivision Name, Subdivision State] –[Reference ID].
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Detailed instructions on how to sign and return the Participation Form, including changing the authorized signer, can be found at https://nationalopioidsettlement.com . You may also contact opioidsparticipation@rubris.com.
The sign-on period for subdivisions ends on August 12, 2024.
If you have any questions about executing the Participation Form, please contact your counsel, the Implementation Administrator at opioidsparticipation@rubris.com,or the North Carolina Attorney General’s Office at opioidsettlement@ncdoj.gov.
Thank you, New National Opioids Settlement Implementation Administrator
The Implementation Administrator is retained to provide the settlement noticerequired by the New National Opioids Settlement and to manage the collection ofthe Participation Form.
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Subdivision Participation and Release Form
Governmental Entity: Harnett County State: NC
Authorized Signatory: /officialname_kroger/
Address 1: /address1_kroger/
Address 2: /address2_kroger/
City, State, Zip: /cit_kr/ /state_kr/ /zi_kr/
Phone: /phone_kroger/
Email: /email_kroger/
The governmental entity identified above (“Governmental Entity”), in order to obtain and
in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement
Agreement dated March 22, 2024 (“Kroger Settlement”), and acting through the undersigned
authorized official, hereby elects to participate in the Kroger Settlement, release all Released
Claims against all Released Entities, and agrees as follows.
1.The Governmental Entity is aware of and has reviewed the Kroger Settlement,
understands that all terms in this Participation and Release Form have the meanings
defined therein, and agrees that by executing this Participation and Release Form, the
Governmental Entity elects to participate in the Kroger Settlement and become a
Participating Subdivision as provided therein.
2.The Governmental Entity shall promptly, and in any event no later than 14 days after the
Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice
any Released Claims that it has filed. With respect to any Released Claims pending in In
re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity
authorizes the Plaintiffs’ Executive Committee to execute and file on behalf of the
Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form
found at https://nationalopioidsettlement.com/.
3.The Governmental Entity agrees to the terms of the Kroger Settlement pertaining to
Participating Subdivisions as defined therein.
4.By agreeing to the terms of the Kroger Settlement and becoming a Releasor, the
Governmental Entity is entitled to the benefits provided therein, including, if applicable,
monetary payments beginning after the Effective Date.
5.The Governmental Entity agrees to use any monies it receives through the Kroger
Settlement solely for the purposes provided therein.
6.The Governmental Entity submits to the jurisdiction of the court in the Governmental
Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role
as provided in, and for resolving disputes to the extent provided in, the Kroger
Settlement. The Governmental Entity likewise agrees to arbitrate before the National
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Arbitration Panel as provided in, and for resolving disputes to the extent otherwise
provided in, the Kroger Settlement.
7.The Governmental Entity has the right to enforce the Kroger Settlement as provided
therein.
8.The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for
all purposes in the Kroger Settlement, including without limitation all provisions of
Section XI (Release), and along with all departments, agencies, divisions, boards,
commissions, districts, instrumentalities of any kind and attorneys, and any person in
their official capacity elected or appointed to serve any of the foregoing and any agency,
person, or other entity claiming by or through any of the foregoing, and any other entity
identified in the definition of Releasor, provides for a release to the fullest extent of its
authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally,
and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be
brought, filed, or claimed, or to otherwise seek to establish liability for any Released
Claims against any Released Entity in any forum whatsoever. The releases provided for
in the Kroger Settlement are intended by the Parties to be broad and shall be interpreted
so as to give the Released Entities the broadest possible bar against any liability relating
in any way to Released Claims and extend to the full extent of the power of the
Governmental Entity to release claims. The Kroger Settlement shall be a complete bar to
any Released Claim.
9.The Governmental Entity hereby takes on all rights and obligations of a Participating
Subdivision as set forth in the Kroger Settlement.
10.In connection with the releases provided for in the Kroger Settlement, each
Governmental Entity expressly waives, releases, and forever discharges any and all
provisions, rights, and benefits conferred by any law of any state or territory of the
United States or other jurisdiction, or principle of common law, which is similar,
comparable, or equivalent to § 1542 of the California Civil Code, which reads:
General Release; extent. A general release does not extend to claims that
the creditor or releasing party does not know or suspect to exist in his or
her favor at the time of executing the release that, if known by him or her
would have materially affected his or her settlement with the debtor or
released party.
A Releasor may hereafter discover facts other than or different from those which it
knows, believes, or assumes to be true with respect to the Released Claims, but each
Governmental Entity hereby expressly waives and fully, finally, and forever settles,
releases and discharges, upon the Effective Date, any and all Released Claims that may
exist as of such date but which Releasors do not know or suspect to exist, whether
through ignorance, oversight, error, negligence or through no fault whatsoever, and
which, if known, would materially affect the Governmental Entities’ decision to
participate in the Kroger Settlement.
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11.Nothing herein is intended to modify in any way the terms of the Kroger Settlement, to
which Governmental Entity hereby agrees. To the extent this Participation and Release
Form is interpreted differently from the Kroger Settlement in any respect, the Kroger
Settlement controls.
I have all necessary power and authorization to execute this Participation and Release
Form on behalf of the Governmental Entity.
Signature:/signer_1_kroger/
Name:/name_1_kroger/
Title:/title_1_kroger/
Date:/date_1_kroger/
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Second Supplemental Agreement for Additional Funds
From Additional Settlement of Opioid Litigation (“SAAF-2”)
I. PURPOSE
The purpose of this Second Supplemental Agreement for Additional Funds (“SAAF-
2”) is to direct Kroger Funds from the Kroger Settlement to the state of North
Carolina and local governments in a manner consistent with the 2021
Memorandum of Agreement (“MOA”) Between the State of North Carolina and
Local Governments on Proceeds Relating to the Settlement of Opioid Litigation
(finalized in 2022) as well as the 2023 Supplemental Agreement for Additional
Funds From Additional Settlements of Opioid Litigation (“SAAF”), which govern the
distribution of Opioid Settlement Funds to the State and its Local Governments.
This SAAF-2 does not change the scope or meaning of the MOA or SAAF with
respect to Opioid Settlement Funds governed by the MOA or Additional Funds
governed by the SAAF, respectively. Instead, this SAAF-2 applies the terms of the
MOA – with certain clarifications noted below – to the Kroger Funds from the
Kroger Settlement described below.
II. SCOPE
A.Scope of the MOA. Under the terms of the MOA, the MOA governs Opioid
Settlement Funds from:
1.The National Settlement Agreement with the drug distributors
Cardinal, McKesson, and AmerisourceBergen and the drug maker
Johnson & Johnson and its subsidiary Janssen Pharmaceuticals; and
2.The Bankruptcy Resolution with Mallinckrodt; the Bankruptcy
Resolution with Endo; any Bankruptcy Resolution with Purdue; and
any other Bankruptcy Resolution as the term “Bankruptcy Resolution”
is defined in the MOA.
B.Scope of the SAAF. The SAAF governs Additional Funds from the Additional
Settlements with Additional Settling Defendants Walmart, Inc., Teva
Pharmaceutical Industries Ltd., Allergan Finance, LLC, Allergan Limited,
CVS Health Corporation, CVS Pharmacy, Inc., and Walgreen Co., as well as
their subsidiaries, affiliates, officers, and directors named in the Additional
Settlements.
C.This SAAF-2 governs Kroger Funds from the Kroger Settlement as described
below.
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III. APPLICATION OF THE MOA TO THE KROGER SETTLEMENT
AND FUNDS
The MOA, which is incorporated herein by reference, governs the Kroger Settlement
and Kroger Funds in every respect, except as set forth hereinbelow. In the event of
any conflict between the MOA and this SAAF-2, with respect to the Kroger
Settlement and Kroger Funds, the provisions of this SAAF-2 shall take precedence.
A.Definitions.
1.The definitions used in the MOA and the SAAF are incorporated by
reference into this SAAF-2.
2.“Kroger” means the Kroger Co., as well as its subsidiaries, affiliates,
officers, and directors named in the Kroger Settlement.
3.“Kroger Funds” means all funds allocated by the Kroger Settlement to
the State or Local Governments for purposes of opioid remediation
activities, as well as any repayment of those funds and any interest or
investment earnings that may accrue as those funds are temporarily
held before being expended on opioid remediation strategies. Not
included are funds made available in the Kroger Settlement for the
payment of the Parties’ litigation expenses or the reimbursement of the
United States Government.
4.“Kroger Settlement” means a national opioid settlement agreement
with the Parties and Kroger concerning alleged misconduct in
manufacture, marketing, promotion, distribution, or dispensing of an
opioid analgesic.
5.“Local Counsel” means legal counsel and law firms who have a
principal office in North Carolina and represented one or more North
Carolina counties and municipalities in litigation against one or more
Additional Settling Defendant or Kroger concerning opioids.
6.“National Counsel” means legal counsel and law firms who have a
principal office outside of North Carolina and represented various
North Carolina counties and municipalities in litigation concerning
opioids against one or more Settling Defendant, Additional Settling
Defendant, or Kroger.
7.“Required Local Governments” means all North Carolina counties and
municipalities that have filed litigation against any of the Settling
Defendants, Additional Settling Defendants, or Kroger.
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B.Allocation of Additional Funds
1. Method of distribution. Pursuant to the Kroger Settlement, Kroger
Funds shall be distributed directly to the State, Local Governments,
and Local Counsel for such uses as set forth in the MOA and this
SAAF-2, provided Kroger Funds shall not be considered funds of the
State, any Local Governments, or any Local Counsel unless and until
such time as each distribution is made.
2. Overall allocation of funds. Kroger Funds shall be allocated as follows
with respect to each payment from Kroger: (i) 15% directly to the State
(“State Kroger Abatement Fund”), (ii) 84.62% to abatement funds
established by Local Governments (“Local Kroger Abatement Funds”),
and (iii) 0.38% to a Local Counsel Fee Fund described in section IV of
this SAAF-2.
3. The allocation of Local Kroger Abatement Funds between Local
Governments shall be as described in MOA section B.3. However, to
the extent required by the terms of the Kroger Settlement, the
proportions set forth in MOA Exhibit G shall be adjusted: (i) to provide
no payment from the Kroger Settlement to any listed county or
municipality that does not participate in the Kroger Settlement; and
(ii) to provide a reduced payment from the Kroger Settlement to any
listed county or municipality that signs onto the Kroger Settlement
after the deadline specified by the Kroger Settlement.
4.Municipal allocations of Local Kroger Abatement Funds shall be as
described in MOA section B.4. Consistent with the manner in which
MOA section B.4.b has been interpreted by the parties to the MOA
with respect to Opioid Settlement Funds, a municipality that directs
Local Kroger Abatement Funds to the county or counties in which it is
located pursuant to MOA section B.4 shall be relieved of any reporting
or other obligations under the MOA with respect to the redirected
funds.
5.The use of Kroger Funds for opioid remediation activities shall be as
described in MOA section B.5.
6.All Parties acknowledge and agree the Kroger Settlement will require
a Local Government to release all its claims against Kroger to receive
Kroger Funds. All Parties further acknowledge and agree based on the
terms of the Kroger Settlement, a Local Government may receive funds
through this SAAF-2 only after complying with all requirements set
forth in the Kroger Settlement to release its claims.
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C.Payment of Litigating and Non-Litigating Parties
No party engaged in litigating the MDL Matter shall receive a smaller
payment than a similarly situated non-litigating Party, other than as
based on the Allocation Proportions in MOA Exhibit G.
D.Special Revenue Fund
Every Local Government receiving Kroger Funds shall either (1)
deposit the Kroger Funds in the special revenue fund that the Local
Government created for Opioid Settlement Funds pursuant to MOA
section D.1 and/or Additional Funds pursuant to SAAF section D.1 or
(2) create a separate special revenue fund as described in MOA section
D.1 that is designated for the receipt and expenditure of the Kroger
Funds. In either case, every Local Government receiving Kroger
Funds shall abide by MOA section D and other relevant provisions of
the MOA with respect to the Kroger Funds in the special revenue fund.
E.Opioid Remediation Activities
1.Local Governments shall expend Kroger Funds according to the
requirements for Opioid Settlement Funds stated in MOA section E.
2.The coordination group established by MOA section E.7 and described
in MOA Exhibit D shall have the same responsibilities with respect to
remediation activities funded by Kroger Funds and related
requirements and procedures that it has with respect to the Opioid
Settlement Funds covered by the MOA.
F.Auditing, Compliance, Reporting, and Accountability
1.The Auditing, Compliance, Reporting, and Accountability provisions
stated in MOA section F shall apply to Kroger Funds in the way they
apply to Opioid Settlement Funds.
2.The coordination group established by MOA section E.7 and described
in MOA Exhibit D shall have the same responsibilities with respect to
auditing, compliance, reporting, and accountability provisions relating
to Kroger Funds that it has with respect to the Opioid Settlement
Funds covered by the MOA.
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G.Effectiveness
1.When this SAAF-2 takes effect. This SAAF-2 shall become effective at
the time a sufficient number of Local Governments have joined the
SAAF-2 to qualify the SAAF-2 as a State-Subdivision Agreement
under the Kroger Settlement. If this SAAF-2 does not thereby qualify
as a State-Subdivision Agreement, this SAAF-2 will have no effect.
2.Amendments to the SAAF-2.
a.Amendments to conform to final national documents. The
Attorney General, with the consent of a majority vote from a
group of Local Government attorneys appointed by the
Association of County Commissioners, may initiate a process
to amend this SAAF-2 to make any changes required by the
final provisions of the Kroger Settlement. The Attorney
General’s Office will provide written notice of the necessary
amendments to all the previously joining parties. Any
previously joining party will have a two-week opportunity to
withdraw from the SAAF-2. The amendments will be effective
to any party that does not withdraw.
b.Coordination group. The coordination group may make the
changes to the SAAF-2 described and authorized in MOA
Exhibit D.
c.No amendments to allocation between Local Governments.
Notwithstanding any other provision of this SAAF-2, the
allocation proportions set forth in MOA Exhibit G may not be
amended.
d.General amendment power. After execution, the coordination
group may propose other amendments to the SAAF-2, subject
to the limitation in Section G.2.c of this SAAF-2. Such
amendments will take effect only if approved in writing by the
Attorney General and at least two-thirds of the Local
Governments who are Parties to this SAAF-2. In the vote,
each Local Government Party will have a number of votes
measured by the allocation proportions set forth in MOA
Exhibit G.
3.Acknowledgement. The Parties acknowledge this SAAF-2 is an
effective and fair way to address the needs arising from the public
health crisis due to the misconduct committed by the Pharmaceutical
Supply Chain Participants.
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4.When SAAF-2 is no longer in effect. This SAAF-2 is effective until one
year after the last date on which any (a) Opioid Settlement Funds are
being spent by Local Governments pursuant to the National
Settlement Agreement and any Bankruptcy Resolution, or (b)
Additional Funds are being spent by Local Governments pursuant to
the Additional Settlements, or (c) Kroger Funds are being spent by
Local Governments pursuant to the Kroger Settlement.
5.Application of SAAF-2 to settlements. This SAAF-2 applies to the
Kroger Settlement.
6.Applicable law and venue. Unless required otherwise by the Kroger
Settlement, this SAAF-2 shall be interpreted using North Carolina law
and any action related to the provisions of this SAAF-2 must be
adjudicated by the Superior Court of Wake County. If any provision of
this SAAF-2 is held invalid by any court of competent jurisdiction, this
invalidity does not affect any other provision which can be given effect
without the invalid provision.
7.Scope of this SAAF-2. The Parties acknowledge this SAAF-2 does not
excuse any requirements placed upon them by the terms of the Kroger
Settlement, except to the extent those terms allow for a State-
Subdivision Agreement to do so.
8.No third party beneficiaries. No person or entity is intended to be a
third party beneficiary of this SAAF-2.
9.No effect on authority of parties. Nothing in this SAAF-2 shall be
construed to affect or constrain the authority of the Parties under law.
10.Signing and execution of this SAAF-2. This SAAF-2 may be signed
and executed simultaneously in any number of counterparts, each of
which shall be deemed an original, but all of which together shall
constitute one and the same agreement. A signature transmitted by
facsimile, electronic image, or DocuSign shall be deemed an original
signature for purposes of executing this SAAF-2. Each person signing
this SAAF-2 represents he or she is fully authorized to enter into the
terms and conditions of, and to execute, this SAAF-2, and all necessary
approvals and conditions precedent to execution have been satisfied.
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IV. LOCAL COUNSEL FEE FUND
Local Counsel have reviewed the Kroger Settlement, find it to be equitable, and
recommend their clients execute the Kroger Settlement and this SAAF-2. If (1) all
Local Counsel sign this SAAF-2 whereby they consent to the terms of this SAAF-2
and agree to be legally bound by this SAAF-2, including but not limited to Section IV of
this SAAF-2, and (2) all Required Local Governments agree on or before August 12,
2024 to execute the Kroger Settlement, and dismiss litigation against Kroger (if
applicable), as required by the Kroger Settlement, then each Local Counsel shall be
entitled to receive a portion of the Local Counsel Fee Fund for the Kroger
Settlement, in such proportions as set forth below. If one or more Required Local
Governments does not execute the Kroger Settlement, and dismiss litigation (if
applicable), as required by the Kroger Settlement, then the 0.38% share of Kroger
Funds set forth in Section III.B.2 of this SAAF-2 for the Local Counsel Fee Fund
shall be included in the Local Kroger Abatement Funds, such that 85% of the
Kroger Funds will be allocated to Local Kroger Abatement Funds, and 0% will be
allocated to the Local Counsel Fee Fund.
Local Counsel release all North Carolina counties and municipalities from any
claim regarding the obligation to pay legal fees or costs relating to their
representation of North Carolina counties and municipalities regarding opioid
claims and litigation against Kroger. Local Counsel retain their rights to recover
legal fees from any national legal fee fund established by a national settlement and
to collect any fees due from National Counsel. If one or more National Counsel fails
to release its North Carolina client counties and/or municipalities from any
contractual obligation to pay legal fees or costs relating to their representation of
North Carolina counties and municipalities regarding opioid claims and litigation
against Kroger, as required for National Counsel and Local Counsel to receive a
portion of the national fee funds created by the Kroger Settlement, then the 0.38%
share of Kroger Funds set forth in Section III.B.2 of this SAAF-2 for the Local
Counsel Fee Fund shall be included in the Local Kroger Abatement Funds, such
that 85% of the Kroger Funds will be allocated to Local Kroger Abatement Funds,
and 0% will be allocated to the Local Counsel Fee Fund.
The proportion of the Local Counsel Fee Fund to be received by each Local Counsel
will be the same as for the Local Counsel Fee Fund created by the SAAF. Each
Local Counsel’s release of claims against all North Carolina counties and
municipalities as provided above shall remain in full force and effect regardless of
the proportion of the Local Counsel Fee Fund that any Local Counsel receives.
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IN WITNESS WHEREOF, the parties, through their duly authorized officers, have
executed this Second Supplemental Agreement for Additional Funds under seal as
of the date hereof.
Harnett County, NC
Reference Number: CL-794243
Signature: /signer_1_kroger/
Name: /name_1_kroger/
Title: /title_1_kroger/
Date: /date_1_kroger/
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\\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2024\073024 ws\8.1 Agenda memo_Juvenile Court
Ofc.docx Page 1 of 1
Board Meeting
Agenda Item
MEETING DATE: August 5, 2024
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Relocation of Juvenile Court Counselor's Office
REQUESTED BY: Mike Morrow - Administration
REQUEST:
Administration requests the Board of Commissioners designate office space located at
5845 US Hwy 421S, Lillington, North Carolina for the purposes of relocating the
Juvenile Court Counselor's Office.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
Item 8
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\\lecfile\department\Admin\Clerk to the Board docs\AGENDAS\2024\073024 ws\9.1 8-5-2024 Agenda Item - ARPA.docx
Page 1 of 2
Board Meeting
Agenda Item
MEETING DATE: August 5, 2024
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: ARPA Updates & Grant Project Ordinance
REQUESTED BY: Administration (Ally Fouts Gaines)
REQUEST:
Administration is requesting approval to amend the Grant Project Ordinance for the
$26,411,744 received from the American Rescue Plan Act - Coronavirus State & Local
Fiscal Recovery Fund (ARPA/CSLFRF). This amendment shall recognize additional
projects as previously approved by the Board in Project Ordinance format.
$5,000,000 of the County's ARPA/CSLFRF funding has been allocated to a contract
with Adams Robinson Enterprises, Inc. for the construction of a 9MGD capacity
upgrade at the North Harnett Wastewater Treatement Plant.
Spectrum was chosen for a second GREAT Grant project in Harnett County. The
County's match for this project is $375,000.
Connect Holding II, Inc., dba Brightspeed, was chosen as the Internet Service Provider
(ISP) for the Completing Access to Broadband (CAB) Program. This program, also
facilited by NC Department of Information Technology (DIT), will funciton similarly to
the GREAT Grant. The County's match for this project is $1,941,785.
In the County's quarterly report to US Treasury for April - June 2024, the County
reported the VIPER Radio - Local Law Enforcement project as completed and adjusted
the obligation amount to remove sales tax. The two broadband grants described above
were not included in the report for April - June 2024 because the contracts were not
fully executed during this time period.
Item 9
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Section 1.
Section 2. The following amounts are appropriated for the project and authorized for expenditure:
Current
Ordinance Adjustment Amended
Ordinance
ARPA/CSLFRF Allocation 8,728,385$ (7,316,785)$ 1,411,600$
Revenue Replacement 10,000,000$ -$ 10,000,000$
VIPER Radio - County and Fire 5,619,227$ -$ 5,619,227$
EMS Premium Pay 117,823$ -$ 117,823$
VIPER Radio - Local Law Enforcement 1,571,309$ -$ 1,571,309$
GREAT Grant (Brightspeed)375,000$ -$ 375,000$
North Harnett Wastewater Treatment Plant -$ 5,000,000$ 5,000,000$
GREAT Grant (Spectrum)-$ 375,000$ 375,000$
CAB Grant (Brightspeed)-$ 1,941,785$ 1,941,785$
Total 26,411,744$ 0$ 26,411,744$
Section 3.The following revenues are hereby appropriated for this project:
Current
Ordinance Adjustment
Amended
Ordinance
ARPA/CSLFRF Allocation 26,411,744$ -$ 26,411,744$
Total 26,411,744$ -$ 26,411,744$
AMERICAN RESCUE PLAN ACT (ARPA)
GRANT PROJECT ORDINANCE AMENDMENT
BE IT ORDAINED by the Board of Commissioners of Harnett County,North Carolina,sitting as the governing board
for Harnett County that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the
following grant project ordinance is hereby adopted.
This ordinance is to establish a budget for projects to be funded by the Coronavirus State and Local Fiscal
Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 (ARPA/CSLFRF). The County of Harnett
has received a total allocation of $26,411,744 of ARPA/CSLFRF funds. These funds may be used for the
following categories of expenditures, to the extent authorized by state law:
2. Address negative economic impacts caused by the public health emergency, including economic harms to
workers, households, small businesses, impacted industries, and the public sector;
1. Support public health expenditures, by funding COVID-19 mitigation efforts, medical expenses,
behavioral healthcare, and certain public health and safety staff;
3. Replace lost public sector revenue, using this funding to provide government services to the extent of the
reduction in revenue experienced due to the pandemic;
4. Provide premium pay for essential workers, offering additional support to those who have borne and will
bear the greatest health risks because of their service in critical infrastructure sectors; and,
5. Invest in water, sewer, and broadband infrastructure, making necessary investments to improve access to
clean drinking water, support vital wastewater and stormwater infrastructure, and to expand access to
broadband internet.
CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS (CSLFRF)
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Section 4.
Section 5.
Section 6.
Section 7.
Section 8.
Section 9.
day of , 2024.
ATTEST:William Morris, Chairman
Harnett County Board of Commissioners
Melissa Capps, Clerk to the Board
This ordinance will amend the Grant Project Ordinance to allocate funding to the projects outlined below which have
been approved by the Board of Commissioners.
The GREAT Grant (Spectrum) project is ongoing.Through the same program outlined previously, the county has
entered into a three-way agreement with Spectrum for a second GREAT Grant award. This amendment reflects the
amount that the county has agreed to match for this project.
The CAB Grant (Brightspeed) is ongoing.Through the Completing Access to Broadband (CAB) program, the NC
Department of Information Technology (NCDIT) enters into a three-way agreement with ISPs and county governments
to deploy broadband projects in unserved areas of each county.
This ordinance will amend the Grant Project Ordinance to recognize changes in previously approved projects and
allocate funding to projects which have been approved since the last amendment.
The North Harnett Wastewater Treatment Plant upgrade is ongoing.This project is expected to cost over
$100,000,000. This infrastructure upgrade is an eligible use of ARPA funds, so $5,000,000 of the County's ARPA
allocation will be contributed to this project.
Duly adopted this
The Finance Officer is hereby directed to maintain sufficient specific detailed accounting records to satisfy the
requirements of the grantor agency and the grant agreements, including payroll documentation and effort certifications,
in accordance with 2 CFR 200.430 & 2 CFR 200.431 and the County’s Uniform Guidance Allowable Costs and Cost
Principles Policy.
The VIPER Radio - County and Fire project is now complete.This project provided 913 radios to the county for use by
the following departments: Emergency Management Services (EMS), Fire Marshall, Transportation (HARTS), Sheriff,
and Harnett Regional Water, as well as local fire departments. The county must pay sales tax on the purchase of goods
and services but is eligible to file for reimbursement of the sales tax paid. The original budget included the amount of
sales tax; this adjustment reallocates the unspent funds that were originally dedicated to this project.
The EMS Premium Pay project is no longer eligible under ARPA/CSLFRF because Congress declared an end to the
COVID-19 National Emergency on April 10, 2023. This adjustment reallocates the unspent funds that were originally
dedicated to this project.
The VIPER Radio - Local Law Enforcement project is complete.At the request of our municipalities, the county is
dedicating a portion of its ARPA/CSLFRF allocation to purchase VIPER radios for all police departments in the
County. As an eligible use, the project will provide 242 radios.
The GREAT Grant (Brightspeed) project is ongoing.Through the Growing Rural Economies with Access to
Technology (GREAT) Program, the NC Department of Information Technology (NCDIT) sought to enter into a three-
way agreement with Internet Service Providers (ISPs) and local governments to expand broadband accessibility in
rural areas. Initially, CloudWyze was identified as the ISP to receive the GREAT Grant for Harnett County. However,
in late 2023, NCDIT designated Brightspeed as the recipient. This amendment reflects the amount that the county has
agreed to match for this project.
The Finance Officer is hereby directed to report the financial status of the project to the governing board on a quarterly
basis.
Copies of this capital project ordinance shall be furnished to the Clerk to the Board, the Budget Director and the
Finance Officer for direction in carrying out this project.
This grant project ordinance amendment expires on December 31, 2026, or when all the ARPA/CSLFRF funds have
been obligated and expended by the county, whichever occurs sooner.
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Quarterly Economic Development Update
April – June 2024
ACTIVE PROJECTS
Active Projects is current and falls outside the months shown for the report.
Projects Total Investment ($) Jobs
7 $203,500,000 830
BUSINESS DEVELOPMENT
Direct Connection: 8
Site Consultant, Real Estate Broker, EDPNC Business Developer or Recruiter
Project Inquiries
Project Inquiries / RFI’s Responses Submitted Submitted (%)
27 9 0.33%
PRODUCT DEVELOPMENT
Direct Connection: 11
Property Owners, Private Sector Developers/Builders, Economic Development Property
Development Ally
Industrial Product Inventory
Buildings Sites Ready Sites
4 7 4
Site Identification Site Readiness
In-progress: Site Identification Project - Sites
for this project have been identified. We are
currently working on putting a report together.
In-progress: Harnett Economic Development
Corporation (HEDC) committed funds to
complete Due Diligence at a large site for the
purpose of being able to submit the site for a
new project.
Item 10
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Two private sector developers have each
completed Due Diligence at two separate
sites. They have allowed our team to submit
the sites for project inquiries.
Site Development Shell / Spec Building
In-progress: HEDC secured a grant of
$547,885 to clear, grub, and grade one of two
sites in Edgerton Industrial Park.
HEDC has also committed funds to clear,
grub, and grade the second site in Edgerton
Industrial Park.
Staff is completing a Preliminary Engineering
Report (PER) to construct a new road through
a new planned industrial park. Staff will be
using the PER to apply for a grant for the new
road.
Upcoming: Staff anticipates the construction
of a Class A industrial building to commence
this fiscal year.
ENGAGEMENT + LEARNING
See engagement specific to Business Development and Product Development in their
respective sections within the Update.
Engagement + Learning
Company Visit Business Partner Community /
Regional Event
Professional
Development
4 9 16 1
ECONOMIC DEVELOPMENT – HOT TOPICS
1.Childcare
2.New Project Power Requirements
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
ROY COOPER J.R. “JOEY” HOPKINS
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
July 18, 2024
Mrs. Melissa Capps
Clerk
Harnett County Board of Commissioners
Post Office Box 759
Lillington, North Carolina 27546
Subject: Secondary Road Addition
To Whom It May Concern:
This is in reference to a petition submitted to this office requesting street(s) in Harnett
County be placed on the State’s Secondary Road System. Please be advised that these
street(s) have been investigated and our findings are that the below listed street(s) are
eligible for addition to the State System.
Sweetwater
Folly Ct
It is our recommendation that the above-named street(s) be placed on the State’s Secondary
Road System. If you and your Board concur on our recommendation, please submit a
resolution to this office.
Sincerely,
Christopher Jones
Engineering Specialist I
Item 12.1
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strong roots • new growth
HARNETT COUNTY
NORTH CAROLINA
RESOLUTION
BE IT RESOLVED that Harnett County Board of Commissioners does hereby, by proper execution of this document,
request that the North Carolina Department of Transportation add to the State’s Secondary Road System the below
listed streets.
Sweetwater
• Folly Court
Duly adopted this 5th day of August, 2024.
HARNETT COUNTY BOARD OF COMMISSIONERS
_______________________________
William Morris, Chairman
ATTEST:
_________________________________
Melissa D. Capps, Clerk
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Board Meeting
Agenda Item
MEETING DATE: July 15, 2024
TO: HARNETT COUNTY BOARD OF COMMISIONERS
SUBJECT: Contract Amendments
REQUESTED BY: Steve Ward, HRW Director
REQUEST:
FINANCE OFFICERS RECOMMENDATION:
COUNTY MANAGERS RECOMMENDATION:
This is a formal request for the Board to approve contract/amendments for
FY 25 in the amount of $3,395,738.00. A copy of the contract/amendments
is included for your review. Pleas place this item under the County
Manager Reports section of the agenda at the next available meeting.
$500,000.00 Utility Service Co. Inc. Water Tank Maintenance
$725,500.00 The Huffstetler Group, Inc. Filter services and repairs
$2,170,238.00 CRU (Charles Underwood) Booster pump and Sewer lift
station repairs.
Insert text here.
Item 12.2
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1
NORTH CAROLINA
SERVICE CONTRACT
AMENDMENT #2
COUNTY OF HARNETT
THIS SERVICE CONTRACT AMENDMENT #2 (“Amendment #2”) is made and entered
into with an effective date of July ___, 2024 by and between the COUNTY OF HARNETT, a body
politic and corporate of the State of North Carolina (hereinafter referred to as “County”), and The
Huffstetler Group, Inc., (hereinafter referred to as “Contractor”).
WHEREAS, County and Contractor entered into an Agreement with The Huffstetler
Group, Inc. on July 1, 2022 (hereinafter referred to as the “Agreement”) to provide repairs and
modifications to wastewater treatment equipment; and
WHEREAS, Contractor agreed to the terms of this contract for services is from July 1,
2023 and shall end on June 30, 2024; and
WHEREAS, the County desires to extend the terms of the agreement to include an
additional one (1) year of service; and
NOW, THEREFORE, in consideration of the mutual benefits, representations, and
agreements contained herein and for good and valuable consideration, the receipt and sufficiency
of which are hereby acknowledged, the parties agree as follows:
1. The contract terms shall be extended to include an additional one (1) year, beginning
July 1, 2024 and through June 30, 2025.
2. All other terms of the Agreement not expressly amended by this Amendment #2 will
remain unchanged and in effect.
IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives
or officers have executed this Amendment #1 as to the date and year first above written.
Huffstetler Group, Inc.
By: ___________________________________
Joe W. Huffstetler, President
Date:______________________________
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2
COUNTY OF HARNETT:
By: ________________________________
William Morris, Chairman, Harnett County
Board of Commisioners
Date:_______________________________
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
By: ________________________________
Name: Kimberly Honeycutt
Title: County Finance Office
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