HomeMy WebLinkAboutNovember 12, 2024 Regular Meeting
AGENDA
Lillington Board of Commissioners
Regular Monthly Meeting
Lillington Town Hall
102 East Front Street
Lillington, North Carolina 27546
November 12, 2024 6:00pm
CALL TO ORDER MAYOR GLENN MCFADDEN
WELCOME MAYOR GLENN MCFADDEN
PLEDGE OF ALLEGIANCE MAYOR GLENN MCFADDEN
INVOCATION COMMISSIONER MARSHALL PAGE
CONSIDERATION OF AGENDA PUBLIC COMMENT Public comment is an opportunity for citizens wishing to present unscheduled items of concern or
interest to the Commissioners. It is requested that citizens limit their presentations to three (3)
minutes. CONSENT AGENDA
All items on the Consent Agenda are considered routine, to be enacted by one motion without discussion. If a Governing Body member or citizen requests discussion of an item, the item will be removed from the Consent Agenda and considered separately.
Item #1 Approval of Work Session Minutes from October 14, 2024 Item #2 Approval of Closed Session Minutes from October 14, 2024
Item #3 Approval of Regular Session Meeting Minutes from October 15, 2024
Item #4 Approval of Budget Amendment FY24-25 Budget Amendment #4 PUBLIC HEARING
Item #5 Consideration of a Development Agreement between the Town of Lillington and OM Developers, LLC.
Shane Cummings, Town Engineer
Town of Lillington | 2
Item #5A
Item #6
Item #6A
NEW BUSINESS
Item #7
Consideration of Approval of Development Agreement between the Town of Lillington and OM Developers, LLC.
Shane Cummings, Town Engineer
Public Hearing on the Consideration of Temporary Street Closure of Town and
NCDOT Streets for the Town of Lillington Christmas Parade and Gathering
December 14, 2024
Landon Chandler, Planning Director
Consideration of Approval of an Ordinance for Temporary Street Closure of
Town and NCDOT Streets for the Town of Lillington Christmas Parade and Gathering December 14, 2024 Landon Chandler, Planning Director
Discussion and Consideration of Approval of a Resolution Of The Town Of Lillington, North Carolina, Authorizing The Negotiation Of An Installment Financing Contract And Providing For Certain Other Related Matters Thereto
Davenport Public Finance
NON-AGENDA ITEMS
Non-Agenda items is an opportunity for the Commissioners, Attorney or Staff to present unscheduled
items that need consideration by the Board.
ADJOURNMENT
AGENDA ITEM SUMMARY
Date of Meeting: November 12, 2024
Staff Work By: Lindsey B. Lucas, Town Clerk
Lisa B. Young, Assistant Town Manager
Joseph Jeffries, Town Manager
Alicia Adams, Administrative Services Director
AGENDA ITEM
Consent Agenda Items
ITEM SUMMARY
All items on the Consent Agenda are considered routine, to be enacted by one motion without discussion.
If a Governing Body member or citizen requests discussion of an item, the item will be removed from the
Consent Agenda and considered separately:
Item #1 Approval of Work Session Minutes from October 14, 2024 Item #2 Approval of Closed Session Minutes from October 14, 2024
Item #3 Approval of Regular Session Meeting Minutes from October 15, 2024 Item #4 Approval of Budget Amendment FY24-25 Budget Amendment #4 RECOMMENDED ACTION Approve consent agenda items as recommended by staff.
AGENDA ITEMS #1-4
Lillington Board of Commissioners October 14, 2024 Work Session Meeting Minutes
Work Session Meeting of the Town Board of the Town of Lillington, Monday, October 14, 2024
at 8:30 a.m. at the Lillington Town Hall (102 E. Front Street), Lillington, North Carolina.
Board Members Present: Mayor Glenn McFadden
Commissioner Rupert Langdon Commissioner Marshall Page Commissioner Danny Babb Commissioner Patricia Moss
Board Members Absent: Mayor Pro Tempore Neil McPhail Staff Present: Joseph Jeffries, Town Manager Lisa Young, Assistant Town Manager
Lindsey Lucas, Town Clerk Shane Cummings, Engineer Brian Hyde, Senior Infrastructure Inspector Ashley Wimberly, Public Works Director
Skylar Russell, Assistant Public Works Director William Baker, Parks and Recreation Director Brandon Harris, Assistant Parks and Recreation Director Christy Powers, Youth Programs Director
John Bethune, Fire Chief Call to Order & Welcome: Mayor Glenn McFadden called the meeting to order at 8:30 a.m. NEW BUSINESS Item #1 Discussion and Consideration of Gas Line Easement for the Downtown Fire Station Mayor McFadden recognized Shane Cummings, Town Engineer. Mr. Cummings explained that Piedmont Natural Gas Company, Inc. is proposing an easement through the parking lot of Fire Station 1 in downtown. Piedmont agrees that they will not block or park in front of any emergency
vehicle, as it is crucial to maintain clear access for first responders at all times. This commitment ensures that emergency services can operate without obstruction, safeguarding public safety. Piedmont recognizes the importance of this measure and will take all necessary precautions to avoid any interference with emergency vehicles. The Town will be compensated $33,300 for the easement. Mr. Cummings stated the easement contract needs review by our attorney, Tony Buzzard.
Commissioner Page made a motion to approve the easement pursuant to Tony Buzzards approval. Commissioner Langdon seconded the motion that passed unanimously. Item #2 Condemnation Discussion Regarding South Regional Wastewater Project Easement Acquisition
Mayor McFadden recognized Shane Cummings, Town Engineer. Mr. Cummings stated property needed to be condemned to proceed with the South Regional Wastewater Project. The properties are owned by Steve and Diana Giunta being PIN#’s: 0559-77-7124.000 & 0559-77-7084.000. It was the consensus of the Board for Mr. Cummings to proceed with the condemnation process. Item #3 Discussion and Consideration of Town of Lillington NC 210 Fire Station Sanitary Sewer Main Extension Contract and Supporting Documents Mayor McFadden recognized Alicia Adams, Administrative Services Director. Ms. Adams stated the purpose of this agenda item is to
approve the Notice of Award, Contract between the Town of Lillington and Autry Grading Inc. for
Lillington Board of Commissioners October 14, 2024 Work Session Meeting Minutes
construction of Town of Lillington NC 210 Fire Station Sanitary Sewer Main Extension and Notice to Proceed. This project is connected to the agreement between the Town of Lillington and KDP Development that the Town entered into June 14, 2022. The Town’s portion of contribution shall not
exceed $400,000. The construction cost of the sewer line extension counts towards the Town’s portion of improvements. Commissioner Langdon made a motion to approve Town of Lillington NC 210 Fire Station Sanitary Sewer Main Extension Contract and Supporting Documents. Commissioner Moss seconded the motion that passed unanimously.
Item #4 Administrative Reports
Capital Projects Update- Mayor Glenn McFadden recognized Alicia Adams, Administrative
Services Director. Ms. Adams went over the following updates;
SCIF Grants
Downtown Facilities Stewart, Inc. is continuing to work on the construction drawings for
Downtown. Staff has received cost estimates from Duke Energy for relocation of utilities. The Town
has entered into a contract with Duke Energy including a non-refundable deposit of $90K. The Town
is awaiting actual cost for construction for underground utilities. Staff is continuing to work closely
with Ducke Energy and Pike.
McAdams has incorporated Stewart’s drawings, the Golden Leaf Project will be the first completed
in Downtown. There are a few final comments/adjustments but they are minor and will not take long
to complete.
Duke Energy has completed the drawings and are currently being reviewed. Staff will be meeting
with Duke Energy and Pike Engineering in the coming weeks to determine next steps.
Pike Engineering is continuing to work on pedestrian and roadway lighting. Pike Engineering is
doing both the roadway lighting and the parking lot lighting.
Currently, Pike is deployed in the Western part of NC and are unsure of their return date. This will
impact the Town’s project.
Stormwater Resiliency Funds
Staff was notified that the State allocated $3.5 million for Stormwater infrastructure improvements
and stream restoration, to provide more efficient stormwater management and flood resiliency.
Project components will include stormwater management, replacing undersized culverts, and
stabilizing streambanks to improve flood resiliency.
Projects:
1. Downtown Stormwater Improvements
• Design construction documents have been submitted to the Town and are currently
under review.
Lillington Board of Commissioners October 14, 2024 Work Session Meeting Minutes
• Consultants are coordinating with the railroad RJ Corman to put in an additional
crossing.
• Environmental consultants are currently studying the proposed location for the pond.
2. Duncan Street
• The contractor is making additional repairs on Duncan Street outside of the original
scope to fix some other outstanding stormwater issues in the area
3. Railroad Crossing
• Staff is currently waiting on 100% construction drawings to present to RJ Corman to
determine what portion of the project they are willing to partner with. The pipe under
the railroad belongs to RJ Corman and they are responsible for the replacement and
maintenance.
4. 13th Street Reservoir
• McAdams is recommending upsizing the northernmost culvert crossing on S 13th
Street to dual RCBC box culverts to eliminate roadway overtopping for the 10 and
25-Year design storms. Although this recommendation is a slight deviation from the
15’W x 6’H RCBC, which is listed as the preferred design alternative (#2) in the
previous Town of Lillington Stormwater Assessment, it will better maintain existing
stream geometry and lend to more feasible construction and procurement of
materials.
• Working towards obtaining 401/404 permitting
• Easement exhibits are underway and must be obtained before soliciting for bid
• Staff submitted damages from Hurricane Debby to the North Carolina Department of
Emergency Management in hopes the project will be covered under Hurricane Debby
damages, but the state decided to not pursue a major disaster declaration.
***During Hurricane Debby
Golden Leaf Application Stormwater Harnett Street Project Description: The proposed storm
drainage improvements would include removal and replacement of existing storm drainage pipe,
ranging from 15” RCP to 30” RCP, and removal and replacement of storm drainage structures,
including catch basins, drop-inlets, storm drainage manholes, and storm drainage headwalls. The
proposed storm drainage infrastructure will effectively capture storm runoff, convey stormwater
efficiently inside public right-of-way, and increase the level of service of the storm drainage system.
In addition, private storm drainage infrastructure would be relocated to the Town Right-of-Way to
allow for easier access for future maintenance and inspections. The probable cost of this project is
$1.3 million, the Town has agreed to contribute $250,000 to the project.
The Golden Leaf Grant Agreement was approved in June. A project ordinance confirming the
Town’s financial contribution was approved at the August Regular Meeting.
Lillington Board of Commissioners October 14, 2024 Work Session Meeting Minutes
Staff is working closely with McAdams to get the project moving forward. Construction Drawings are mostly completed for this project and has already undergone one review by staff.
Fire Station #3 Town staff has finalized the design of Fire Station #3. Construction of Fire Station #3 will be solicited for bid and a CMP will be presented to the Town for approval. Currently, Davenport is working with Town staff to get LGC approval in January for the financing of the station.
ARPA S.L. 2022-74 Appropriated Projects All documentation was submitted to the State to fund the Hwy 210 sewer line expansion and Southern Regional Sanitary Sewer/Poorhouse Creek installation of new sanitary sewer interceptor
and regional pump station. The total allocation was $9,250,000. Staff has received the offer and acceptance letter from the Department of Water Infrastructure. a. Hwy 210 Sewer line Project
Temple Grading signed the NTP August 14, 2023. Construction has begun and is on-going. Force main has been pressure tested and construction is complete. Pump station structures are complete and electrical. Gravity work is currently underway. All work is now scheduled to be complete by the end of December, after approval of change order #3. Temple has now submitted Change Order #3 for contract #1. Change order #3 includes increasing the contract
by 85 calendar days and a price increase of $16,202.17. The change order accounts for the Tripp Road changes and adjustments. b. Poorhouse Creek
Meyers Engineering submitted all construction drawings and permits to DWI. The construction portion of the project was approved by DWI, as long as all easements are acquired. Easement acquisition is underway and progressing. Currently, the Town is solicitating for bids for the project. The bid opening took place at Town Hall on September 24, 2024 at 10:00 am. Staff only received two bids, since the project is in the formal bidding
range three bids must be received in order to hold the bid opening. Bids were resolicited and the new proposed bid opening date is October 14, 2024 at 2:00pm. Any bids accepted will be opened, the three bid requirement is eliminated once the project is resolicited.
LASII Grant
Staff submitted the LASII grant application October 2, 2023 requesting $500,000 to develop and implement a new stormwater utility to provide a predictable, equitable and ongoing funding source for its stormwater program.
The activities that the Town seeks to accomplish with the funding that the utility will provide include:
• Increasing the flood resiliency of the transportation system in and through the Town;
• Funding stormwater Capital Improvement Projects (CIPs) to address stormwater quantity and quality issues;
• Handling critical maintenance needs and operations; and
• Meeting planning and implementation needs.
Lillington Board of Commissioners October 14, 2024 Work Session Meeting Minutes
The scoping document was approved by DWI, the grant agreement and the acceptance of funding resolution was approved at the August meeting. The McAdams engineering services contract was approved at the August meeting. The project schedule is two years, with a completion date of August
2026. Staff had the kick off meeting September 20th with McAdams and staff is working to gather the information needed to start the evaluation process.
S.L. 2023 Appropriated Funds
The Town was appropriated $11,062,500 through Session Law in 2023. Administrative cost for the
funds is $331,875.00. Available funds remaining are $10,730,625.
Additional Proposed projects with remaining funds:
1. Water Tank $4.5 million
• Request for Qualifications were accepted at Town Hall July 16th at 2:00pm
• Four firms submitted and are currently under review
• Request for funding have been approved by DWI and all required documents are on
the consent agenda for approval.
• Project Ordinance has been approved 2. Downtown utility rehabilitation approximately $3.1 million
3. WWTP project $3.1 million
• Request for funding have been approved by DWI and all required documents are on
the consent agenda for approval.
• Project Ordinance has been approved
Staff completed request for funding forms to the Division of Water. Following completion of the
required documents staff can begin the projects.
North Harnett WWTP Capacity Upgrade
Harnett County has begun the process of submitting reimbursement requests to the Town for the
Town’s portion of the WWTP. Currently, there are two outstanding invoices that Town staff is
waiting for DWI to approve.
HWY 210 Fire Station Sewer line Extension
Town staff received bids October 8, 2024, Autry Grading Inc. was the lowest bidder. Rivers has
submitted a recommendation to the Town to accept the bid.
Monthly Financial Report – Mayor Glenn McFadden recognized Lisa Young, Assistant Town
Manager. Ms. Young reviewed the monthly summaries for the Town’s revenues, expenditures, and
year-to-date fund balances in the General Fund, Water/Sewer Fund, and the Powell Bill Fund for the
month of September.
Town Manager’s Report – Mayor Glenn McFadden recognized Joseph Jeffries, Town Manager. Mr.
Jeffries gave the following updates;
Lillington Board of Commissioners October 14, 2024 Work Session Meeting Minutes
- Mr. Jeffries thanked Ashley Wimberly and the Public Works crew for how nice the medians look. - Staff along with Mr. Jeffries and Commissioner Neil McPhail met with NCDOT regarding the
expansion project and was informed the project did not get moved forward and that any extra funding will probably be going to western North Carolina. Mr. Jeffries is looking for other ways to cover the funding. - Mr. Jeffries will be looking for a place to put the clock back up even if it is temporary
Item #5 Discussion of Regular Meeting Agenda for October 15, 2024 Mayor Glenn McFadden reviewed the Agenda for the October 15, 2024, Regular Meeting. Item #6 Closed Session to Meet per §143-318.11(a)(5)(6)
Commissioner Langdon made a motion to enter Closed Session. Commissioner Babb seconded the motion that passed unanimously. Commissioner Page made a motion to come out of Closed Session. Commissioner Moss seconded the
motion that passed unanimously. Adjournment: The meeting adjourned following the unanimous approval of a motion by Commissioner Page and a second by Commissioner Moss.
Attest: ____________________________ _______________________________
Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor
Lillington Board of Commissioners October 15, 2024
Regular Board Meeting of the Town Board of the Town of Lillington, Tuesday, October 15,
2024 at 6:00 p.m. at the Lillington Town Hall (102 E. Front Street), Lillington, North
Carolina.
Board Members Present: Mayor Glenn McFadden
Commissioner Marshall Page
Commissioner Rupert Langdon
Commissioner Danny Babb
Commissioner Patricia Moss
Board Members Absent: Mayor Pro Tempore Neil McPhail
Staff Present: Joseph Jeffries, Town Manager
Lisa Young, Assistant Town Manager
Lindsey B. Lucas, Town Clerk
Landon Chandler, Planning Director
Alicia Adams, Administrative Services Director
Frank Powers, Police Chief
Shane Cummings, Town Engineer
Rachel Hairr, Attorney (Buzzard Law Firm)
Call to Order & Welcome: Mayor Glenn McFadden called the meeting to order and welcomed
those in attendance at 6:00 p.m.
Invocation: Commissioner Page held the invocation.
Agenda Consideration: Mayor Glenn McFadden presented the agenda for the consideration by
the Town Board. Commissioner Page moved to approve the agenda as presented. The motion
was seconded by Commissioner Babb and approved unanimously. (Minute Book Notation:
Agenda is on file at Lillington Town Hall).
Public Comment: Mayor Glenn McFadden inquired as to whether anyone wished to address the
Town Board.
No one was signed up.
Consent Agenda: Commissioner Langdon moved that the consent agenda items be approved as
amended to the Board. The motion was seconded by Commissioner Page and the following
consent agenda items were approved unanimously.
Lillington Board of Commissioners October 15, 2024
Item #1 Work Session Minutes from September 9, 2024 Minutes Approved
Item #2 Closed Session Minutes from September 9, 2024 Minutes Approved
Item #3 Regular Meeting Minutes from September 10, 2024 Minutes Approved
Item #4 Resolution of the Town of Lillington Declaring Surplus Property and
the Disposal of Said Items Approved
Item #5 Encroachment Agreement with Conterra Broadband regarding
Alexander Drive & McKinney Parkway
Approved
Item #6 Budget Amendment FY24-25 Budget Amendment #3
Approved
PUBLIC HEARING Item #7 Public Hearing on Consideration of Text Amendment to Article IV- Section 4.03 of the Lillington Unified Development Ordinance
Mayor Glenn McFadden opened the Public Hearing at 6:03 p.m.
Mayor McFadden recognized Landon Chandler, Planning Director. Mr. Chandler explained a text
amendment was applied for by a citizen in the ETJ that amends the size of a storage building. Currently
up to 2 acres a landowner can only put a 600sqft accessory structure. The citizen is asking for the Town to
reduce the acreage requirement to 1.5 acres to allow for up to a 1500sqft accessory structure.
Chris Truitt – 2506 Ridge Run – Mr. Truitt is the Citizen who requested the Text Amendment.
With no additional comments, Mayor McFadden closed the Public Hearing at 6:05 p.m.
Item #7A Consideration of Approval of the Text Amendment to Article IV-Section 4.03 of the Lillington Unified Development Ordinance Commissioner Page made a motion to approve the Text Amendment to Article IV-Section 4.03 of the Lillington Unified Development Ordinance. Commissioner Moss seconded the motion that passed unanimously. Item #8 Public Hearing on Consideration of Text Amendment to Article IV- Sections 4.04,
4.08.3, 4.08.4, 4.08.6, 4.08.7, 4.08.9 & 4.08.10 of the Lillington Unified Development Ordinance Mayor Glenn McFadden opened the Public Hearing at 6:06 p.m.
Mayor McFadden recognized Landon Chandler, Planning Director. Mr. Chandler stated this text
amendment would be to add additional buffering standards.
Lillington Board of Commissioners October 15, 2024
With no additional comments, Mayor McFadden closed the Public Hearing at 6:07 p.m.
Item #8A Consideration of Approval of the Text Amendment to Article IV- Sections 4.04, 4.08.3, 4.08.4, 4.08.6, 4.08.7, 4.08.9 & 4.08.10 of the Lillington Unified Development Ordinance Commissioner Page made a motion to approve the Text Amendment to Article IV-Section 4.04, 4.08.3, 4.08.4, 4.08.6, 4.08.7, 4.08.9 & 4.08.10 of the Lillington Unified Development Ordinance. Commissioner Moss seconded the motion that passed unanimously.
Item #9 Public Hearing on Consideration of Text Amendment to Article V- Section 5.10.7 of the Lillington Unified Development Ordinance
Mayor Glenn McFadden opened the Public Hearing at 6:08 p.m.
Mayor McFadden recognized Landon Chandler, Planning Director. Mr. Chandler staff is proposing
adding additional buffering standards to Article V.
With no additional comments, Mayor McFadden closed the Public Hearing at 6:09 p.m.
Item #9A Consideration of Approval of the Text Amendment to Article V-Section 5.10.7 of the Lillington Unified Development Ordinance Commissioner Langdon made a motion to approve the Text Amendment to Article V-Section 5.10.7 of the Lillington Unified Development Ordinance. Commissioner Babb seconded the motion that passed
unanimously.
Non-Agenda Items: Mayor Glenn McFadden inquired as to whether there were any non-agenda items that should be addressed by Town Board members or staff.
Adjournment: The meeting adjourned following the unanimous approval of a motion by Commissioner Langdon and a second by Commissioner Page.
Attest:
____________________________ ____________________________
Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor
TOWN OF LILLINGTON
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.org
BUDGET ORDINANCE AMENDMENT
FISCAL YEAR 2024-2025
#4
BE IT ORDAINED, by the Governing Board of the Town of Lillington, North Carolina, that the
following amendment is made to the budget ordinance for the period ending June 30, 2025:
Section 1. To amend the General, Powell and Water/Sewer Funds, the revenues and
expenditures are to be changed as follows:
Account Number Description Increase Decrease
10-80-620-7400 Capital Outlay $ 175,000
10-00-355-1500 Single Family
Dwelling Rec Fee $ 175,000
To budget funds for construction of Senter Park.
Section 2. Copies of this budget amendment shall be furnished to the Governing Body,
Budget Officer, Clerk and the Finance Director for their direction.
Adopted this 12th day of November, 2024
__________________________ Glenn McFadden, Mayor Attest:
__________________________
Lindsey B. Lucas, Town Clerk
AGENDA ITEM SUMMARY
Date of Meeting: November 12, 2024
Staff Work By: Joseph Jeffries, Town Manager
Shane Cummings, Town Engineer
AGENDA ITEM
Consideration of a Development Agreement between the Town of Lillington and OM Developers,
LLC. (Conditional Upon Review and Approval from Tony Buzzard)
ITEM SUMMARY
Attached for your review and consideration is a Development Agreement between the Town of
Lillington and OM Developers LLC. (Conditional Upon Review and Approval from Tony
Buzzard)
§ 160D-1001. Authorization.
(a)The General Assembly finds the following:(1)Development projects often occur in multiple phases over several years,requiring a long-term commitment of both public and private resources.(2)Such developments often create community impacts and opportunities that aredifficult to accommodate within traditional zoning processes.
(3)Because of their scale and duration, such projects often require carefulcoordination of public capital facilities planning, financing, and constructionschedules and phasing of the private development.(4)Such projects involve substantial commitments of private capital, whichdevelopers are usually unwilling to risk without sufficient assurances that
development standards will remain stable through the extended period of thedevelopment.(5)Such developments often permit communities and developers to experimentwith different or nontraditional types of development concepts and standards,while still managing impacts on the surrounding areas.
(6)To better structure and manage development approvals for such developmentsand ensure their proper integration into local capital facilities programs, localgovernments need flexibility to negotiate such developments.(b)Local governments may enter into development agreements with developers, subjectto the procedures of this Article. In entering into such agreements, a local government may not
exercise any authority or make any commitment not authorized by general or local act and may not impose any tax or fee not authorized by otherwise applicable law.
AGENDA ITEM #5-5A
(c)This Article is supplemental to the powers conferred upon local governments and doesnot preclude or supersede rights and obligations established pursuant to other law regarding
development approvals, site-specific vesting plans, or other provisions of law. A development
agreement shall not exempt the property owner or developer from compliance with the State Building Code or State or local housing codes that are not part of the local government's development regulations. When the governing board approves the rezoning of any property associated with a development agreement executed and recorded pursuant to this Article, the
provisions of G.S. 160D-605(a) apply.
(d)Development authorized by a development agreement shall comply with all applicablelaws, including all ordinances, resolutions, regulations, permits, policies, and laws affecting the development of property, including laws governing permitted uses of the property, density, intensity, design, and improvements. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b),
(d).)
§160D-1002. Definitions.The following definitions apply in this Article:(1)Development. - The planning for or carrying out of a building activity, the
making of a material change in the use or appearance of any structure orproperty, or the dividing of land into two or more parcels. When appropriate tothe context, "development" refers to the planning for or the act of developingor to the result of development. Reference to a specific operation is not intendedto mean that the operation or activity, when part of other operations or activities,
is not development. Reference to particular operations is not intended to limitthe generality of this item.(2)Public facilities. - Major capital improvements, including, but not limited to,transportation, sanitary sewer, solid waste, drainage, potable water, educational,parks and recreational, and health systems and facilities. (2019-111, s. 2.4;
2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).)
§ 160D-1003. Approval of governing board required.(a)A local government may establish procedures and requirements, as provided in thisArticle, to consider and enter into development agreements with developers. A development
agreement must be approved by the governing board of a local government following the
procedures specified in G.S. 160D-1005. (b)The development agreement may, by ordinance, be incorporated, in whole or in part,into any development regulation adopted by the local government. A development agreement may be considered concurrently with a zoning map or text amendment affecting the property and
development subject to the development agreement. A development agreement may be
concurrently considered with and incorporated by reference with a sketch plan or preliminary plat required under a subdivision regulation or a site plan or other development approval required under a zoning regulation. If incorporated into a conditional district, the provisions of the development agreement shall be treated as a development regulation in the event of the developer's
bankruptcy. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).)
§ 160D-1004. Size and duration.
A local government may enter into a development agreement with a developer for the development of property as provided in this Article for developable property of any size.
Development agreements shall be of a reasonable term specified in the agreement. (2019-111, s.
2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).)
§ 160D-1005. Hearing.Before entering into a development agreement, a local government shall conduct a legislative
hearing on the proposed agreement. The notice provisions of G.S. 160D-602 applicable to zoning
map amendments shall be followed for this hearing. The notice for the hearing must specify the location of the property subject to the development agreement, the development uses proposed on the property, and must specify a place where a copy of the proposed development agreement can be obtained. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, ss. 25, 51(a), (b), (d).)
§ 160D-1006. Content and modification.(a)A development agreement shall, at a minimum, include all of the following:(1)A description of the property subject to the agreement and the names of its legaland equitable property owners.
(2)The duration of the agreement. However, the parties are not precluded from
entering into subsequent development agreements that may extend the originalduration period.(3)The development uses permitted on the property, including population densitiesand building types, intensities, placement on the site, and design.
(4)A description of public facilities that will serve the development, including who
provides the facilities, the date any new public facilities, if needed, will beconstructed, and a schedule to assure public facilities are available concurrentwith the impacts of the development. In the event that the developmentagreement provides that the local government shall provide certain public
facilities, the development agreement shall provide that the delivery date of
such public facilities will be tied to successful performance by the developer inimplementing the proposed development, such as meeting defined completionpercentages or other performance standards.(5)A description, where appropriate, of any reservation or dedication of land for
public purposes and any provisions agreed to by the developer that exceed
existing laws related to protection of environmentally sensitive property.(6)A description, where appropriate, of any conditions, terms, restrictions, or otherrequirements for the protection of public health, safety, or welfare.(7)A description, where appropriate, of any provisions for the preservation and
restoration of historic structures.
(b)A development agreement may also provide that the entire development or any phaseof it be commenced or completed within a specified period of time. If required by ordinance or in the agreement, the development agreement shall provide a development schedule, including commencement dates and interim completion dates at no greater than five-year intervals; provided,
however, the failure to meet a commencement or completion date does not, in and of itself,
constitute a material breach of the development agreement pursuant to G.S. 160D-1008 but must
be judged based upon the totality of the circumstances. The developer may request a modification in the dates as set forth in the agreement.
(c)If more than one local government is made party to an agreement, the agreement must
specify which local government is responsible for the overall administration of the development agreement. A local or regional utility authority may also be made a party to the development agreement. (d)The development agreement also may cover any other matter, including defined
performance standards, not inconsistent with this Chapter. The development agreement may
include mutually acceptable terms regarding provision of public facilities and other amenities and the allocation of financial responsibility for their provision, provided any impact mitigation measures offered by the developer beyond those that could be required by the local government shall be expressly enumerated within the agreement, and provided the agreement may not include
a tax or impact fee not otherwise authorized by law.
(e)Consideration of a proposed major modification of the agreement shall follow the sameprocedures as required for initial approval of a development agreement. What changes constitute a major modification may be determined by ordinance adopted pursuant to G.S. 160D-1003 or as provided for in the development agreement.
(f)Any performance guarantees under the development agreement shall comply with
G.S. 160D-804.1. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, ss. 26, 51(a), (b), (d).)
§ 160D-1007. Vesting.(a)Unless the development agreement specifically provides for the application of
subsequently enacted laws, the laws applicable to development of the property subject to a development agreement are those in force at the time of execution of the agreement. (b)Except for grounds specified in G.S. 160D-108(c) or G.S. 160D-108.1(f), a localgovernment may not apply subsequently adopted ordinances or development policies to a development that is subject to a development agreement.
(c)In the event State or federal law is changed after a development agreement has beenentered into and the change prevents or precludes compliance with one or more provisions of the development agreement, the local government may modify the affected provisions, upon a finding that the change in State or federal law has a fundamental effect on the development agreement. (d)This section does not abrogate any vested rights otherwise preserved by law. (2019-
111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, ss. 27, 51(a), (b), (d).)
§ 160D-1008. Breach and cure.(a)Procedures established pursuant to G.S. 160D-1003 may include a provision requiringperiodic review by the zoning administrator or other appropriate officer of the local government,
at which time the developer shall demonstrate good-faith compliance with the terms of the
development agreement. (b)If the local government finds and determines that the developer has committed amaterial breach of the agreement, the local government shall notify the developer in writing setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding
and determination and providing the developer a reasonable time in which to cure the material
breach.
(c)If the developer fails to cure the material breach within the time given, then the localgovernment unilaterally may terminate or modify the development agreement, provided the notice
of termination or modification may be appealed to the board of adjustment in the manner provided
by G.S. 160D-405. (d)An ordinance adopted pursuant to G.S. 160D-1003 or the development agreement mayspecify other penalties for breach in lieu of termination, including, but not limited to, penalties allowed for violation of a development regulation. Nothing in this Article shall be construed to
abrogate or impair the power of the local government to enforce applicable law.
(e)A development agreement shall be enforceable by any party to the agreementnotwithstanding any changes in the development regulations made subsequent to the effective date of the development agreement. Any party to the agreement may file an action for injunctive relief to enforce the terms of a development agreement. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25,
s. 51(a), (b), (d).)
§ 160D-1009. Amendment or termination.Subject to the provisions of G.S. 160D-1006(e), a development agreement may be amended orterminated by mutual consent of the parties. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s.
51(a), (b), (d).)
§ 160D-1010. Change of jurisdiction.(a)Except as otherwise provided by this Article, any development agreement entered intoby a local government before the effective date of a change of jurisdiction shall be valid for the
duration of the agreement or eight years from the effective date of the change in jurisdiction,
whichever is earlier. The parties to the development agreement and the local government assuming jurisdiction have the same rights and obligations with respect to each other regarding matters addressed in the development agreement as if the property had remained in the previous jurisdiction.
(b)A local government assuming jurisdiction may modify or suspend the provisions of
the development agreement if the local government determines that the failure of the local government to do so would place the residents of the territory subject to the development agreement or the residents of the local government, or both, in a condition dangerous to their health or safety, or both. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).)
§ 160D-1011. Recordation.The developer shall record the agreement with the register of deeds in the county where theproperty is located within 14 days after the local government and developer execute an approved development agreement. No development approvals may be issued until the development
agreement has been recorded. The burdens of the development agreement are binding upon, and
the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).)
§ 160D-1012. Applicability of procedures to approve debt.
In the event that any of the obligations of the local government in the development agreementconstitute debt, the local government shall comply, at the time of the obligation to incur the debt
and before the debt becomes enforceable against the local government, with any applicable constitutional and statutory procedures for the approval of this debt. (2019-111, s. 2.4; 2020-3, s.
4.33(a); 2020-25, s. 51(a), (b), (d).)
RECOMMENDED ACTION
Approve Development Agreement between the Town of Lillington and OM Developers, LLC. .
(Conditional Upon Review and Approval from Tony Buzzard)
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STATE OF NORTH CAROLINA DEVELOPMENT AND INFRASTRUCTURE AGREEMENT
(N.C.G.S. §§160A-320 AND
COUNTY OF HARNETT 160A-400.20 ET SEQ.)
THIS AGREEMENT (“Agreement”) is made this the day of __________, 2024,
by and between OM Developers, LLC a North Carolina limited liability company, (hereinafter
the “Developer”), and the TOWN OF LILLINGTON, a North Carolina municipal corporation (hereinafter referred to as the “Town”).
W I T N E S S E T H
WHEREAS, Developer will become the owner on or before November 13, 2024 of certain property (hereinafter the "Developer’s Property") as shown and depicted on the preliminary subdivision plan attached hereto as Exhibit A and incorporated herein by reference (hereinafter the “Plan”). Said Plan being subject to review and approval by the Town; and,
WHEREAS, Developer is building a residential subdivision on Developer’s Property (hereinafter the “Development”) containing approximately ________________ (_____)
residential dwellings (each a “Lot” or collectively “Lots”). Developer’s Property is located on
Highway 210 S and referenced as Harnett County Tax PIN 0559-25-6678.000. Developer’s Property being more particularly described in Exhibit A; and,
WHEREAS, Developer shall commence development of phase one of the Developer’s
Property upon obtaining all required governmental approvals. and
WHEREAS, Developer has agreed to provide and construct the internal sewer and water lines for the Development as part of the construction of the Development in order to provide internal sewer and water service to the Development and, the Town desires to provide sewer
upon the terms and conditions herein set out; and,
WHEREAS, Town intends to construct the South Regional Pump Station according to that map entitled “__________________, dated ____________________” and attached hereto as Exhibit B and incorporated herein by reference; and, being part of and hereinafter referred to as
the “South Regional Pump Station”; and,
WHEREAS, Developer shall provide access and a manhole for the pump and haul of sanitary sewer as shown on Exhibit C; and
WHEREAS, Developer shall reimburse the Town for the cost of the pump and haul
permit and pump and haul services during the period between the time the phase one plat is recorded and the time the South Regional Pump Station is fully operational, ,
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WHEREAS, the Developer intends to construct internal water lines, internal sewer lines, and necessary appurtenances thereto within the Developer’s Property and tie on to the Town’s
municipal water and sewer systems as shown on the Exhibit A; and,
WHEREAS, the parties hereto desire to enter into this Agreement to bind themselves to certain terms, conditions and obligations regarding the following: (i) obligations by Developer to construct the Development in a manner as more particularly set out herein and (ii) obligations by
the Town to provide pump and haul services until completion of the construction of the South
Regional Pump Station ; and, WHEREAS, the Town desires, upon the full and faithful performance of all of the Developer Obligations (which are set forth in Sections A through K herein), to: (i) provide
pump and haul services to Developer , (ii) allow Developer to record lots in phase one, (iii) issue
building permits and certificates of occupancy as set out herein, and (iv) accept ownership and maintenance of the water and sewer systems constructed by Developer in accordance with the terms of this Agreement; and,
WHEREAS, pursuant to G.S. §160A-400.24 a public hearing was duly noticed and held
on regarding this Agreement and its terms and conditions. NOW THEREFORE, for and in consideration of the mutual exchange of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, the
parties hereby agree as follows:
Section 1. Developer Obligations. A. Developer shall design, build and completely construct the Development
according to the Town’s Development Standards and the Plan (as approved by
the Town). B. Developer shall cause single family detached residential dwellings to be constructed within the Development. Construction of said residential dwellings shall occur within the Developer’s Property.
C. Developer shall pay all applicable development fees, including capacity fees,
recreation unit fees, etc. as prescribed by the Town’s Code of Ordinances relating to the Development. D. Developer shall reimburse the Town for the cost of the pump and haul permits
and pump and haul services.
E. Developer will commence development of phase one of Developer’s Property upon obtaining all required governmental approvals. F. Developer shall not impede, directly or indirectly, the Town’s contractor’s
access and construction of the South Regional Pump Station.
G. Developer shall indemnify and hold harmless the Town and its agents from and against any and all claims for damage of any kind including, but not
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limited to, damage or injury to the person or property of anyone or any entity arising from any act, omission or performance of or non-performance of any
obligations or any term or condition under this Agreement including, but not
limited to, the defense or pursuit of any claim or any action or proceeding with respect thereto; and, in case any action or proceeding is brought against the Town by reason of any such matter, then in such event, Developer, upon notice from the Town, shall defend the Town at Developer’s expense by
counsel reasonably satisfactory to the Town. The Town need not have first
paid any such claim in order to be so indemnified. This indemnity shall expressly survive expiration or termination of this Agreement but shall not serve to indemnify the Town against negligent acts committed by the Town itself or its agents.
H. All construction performed by Developer pursuant to this Agreement shall be performed and completed in the locations shown and in accordance with the Plan and the subsequent subdivision construction drawings both of which are to be considered for approval by the Town. Developer shall obtain and be
responsible for securing all applicable permits and encroachment agreements
associated with Development plans. Failure of this Agreement to address a particular permit, condition, term or restriction does not relieve the Developer of the necessity of complying with all laws governing the Developer’s permitting requirements, conditions, terms or restrictions.
J. Developer shall provide the manhole as shown on Exhibit C for eth pump station and haul of sanitary sewer. K. Developer agrees to execute such documentation (such as deeds and
easements) as the Town may request to achieve the purposes of this
Agreement. (Sections A through K above shall be referred to collectively as “Developer
Obligations”).
Section 2. Town Obligations A. The Town shall allow Developer to record a plat of the phase one Lots prior to
the completion of the South Regional Pump Station located on the south side
of the Town. B. The Town shall issue building permits to builder constructing homes on the Lots and allow construction to begin at the builder’s desecration prior to the
completion of the aforesaid South Regional Pump Station.
C. The Town shall issue Certificates of Occupancy for competed homes on the Lots prior to the completion of the aforesaid South Regional Pump Station.
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D. The Town shall provide the pump and haul permit and pump and haul
services; however, Developer shall reimburse the Town for the permitting
cost. F. The Town shall provide pump and haul services at the manhole as shown on Exhibit C beginning after the first certificate of occupancy is issued
until the South Regional Pump Station is completed and fully functional and
the Developer has completed the outfall to the South Regional Pump Station. Section 4. Notices. All notices and other communications required or permitted to be given
hereunder shall be in writing and shall be mailed by certified or registered mail,
postage prepaid, or by Federal Express, Airborne Express, or similar overnight delivery service, addressed as follows:
If to Developer: OM Developers, LLC Attn: Rob Bailey 1611 Jones Franklin Road Suite 101 Raleigh, NC 27606
If to Town: Town of Lillington c/o _________________, Town Manager ____________________ Lillington, North Carolina _______
Notice shall be deemed to have been given upon receipt. Refusal of delivery shall be deemed receipt. Section 5. Modification. No modification of this Agreement shall be valid or binding unless
such modification is in writing, duly dated and signed by both parties.
Section 6. Full Agreement. This Agreement contains the entire agreement of the parties, and all prior communications, oral or written, are without any force and effect as it is
the specific intent of the parties that this Agreement alone sets forth the terms on
which the parties have mutually agreed. Each party specifically agrees that it enters into this Agreement based on its own understanding of the terms hereof and does not rely, in whole or in part, on any interpretation or representation of the other party. Each party agrees that this Agreement is the result of good faith arms
length negotiations. Each party is represented by separate counsel.
Section 7. Assignment. This Agreement and the performance of any obligation herein may be assigned without the express written consent of the other party hereto. Subject to the foregoing, Developer may (but with providing five (5) business days prior notice of such assignment), assign this Agreement to an entity that is a wholly owned
subsidiary or under common ownership with the assigning party.
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Section 8. No Partnership, Joint Venture. This Agreement does not create any obligation or
relationship such as a partnership, joint venture or other similar legal relationship
between the parties. Any correspondence or other references to “partners” or other similar terms will not be deemed to alter, amend or change the relationship between the parties hereto unless there is a formal written agreement specifically detailing the rights, liabilities and obligations of the parties as to a new,
specifically defined legal relationship.
Section 11. Binding Effect. It is mutually understood and specifically agreed that this Agreement is binding upon and may inure to the benefit of Developer and Developer’s successors in interest, (including, but not limited to, it’s successors,
heirs, assigns, tenants, lessees and sublessees, and grantees,).
Section 12. Governing Law. This Agreement shall be interpreted and construed in accordance with the laws of the State of North Carolina.
Section 13. Venue. The parties agree that any action brought in a court of law pertaining to
this Agreement or the obligations set forth herein shall be brought in Harnett County, North Carolina. Section 14. Counterparts. This Agreement may be executed in one or more counterparts.
Section 15. Waiver. Any waiver from time to time of any provision hereunder will not be deemed to be a full waiver of such provision or waiver of any other provision hereunder. Any waiver shall not prejudice any remedy available to the party(ies).
Section 16. Headings. The captions and headings throughout this contract are for
convenience and reference only and the words contained therein shall in no way be held to define or add to the interpretation, construction or meaning of any provision of this contract.
Section 17. Counsel and Draftsmanship. The parties hereto have sought and received the
advice of their respective legal counsel in drafting, preparing and executing this Agreement. This Agreement was mutually drafted by counsel for both parties. There shall be no presumption or legal burden placed against either party hereto as the drafter of this Agreement, or any provision hereof, including all exhibits
and agreements annexed hereto.
Section 18. Severability. If any provision herein is deemed void or unenforceable by a court of competent jurisdiction, such provision shall be severed from this Agreement and the remaining provisions shall be valid, enforceable and binding between the
parties.
In the event that a court of competent jurisdiction declares this Agreement or any provision hereof to be void, voidable, unenforceable or ultra vires, then the Town
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may terminate water and/or sewer service to the Developer’s Property without liability for any type of damages whatsoever. If a court so declares, then the
parties hereto will endeavor, but not be so obligated, to reach some agreement
whereby such service can be provided. Section 19. N.C.G.S. §160A-400.20 et seq. and §160A-320. In addition to being made pursuant to G.S.§160A-400.20 et seq., this Development and Infrastructure
Agreement is also made pursuant to G.S. §160A-320. The Town’s Board of
Commissioners has determined that the contract (associated with the Development) is not subject to Article 8 of Chapter 143 of the General Statutes of North Carolina inasmuch as the public cost will not exceed two hundred fifty thousand and no/100 U.S. Dollars ($250,000.00) and it is impracticable for the
Town to coordinate the construction of facility improvements separate and apart
from the Infrastructure and Appurtenances. The Town will publicly bid the pump station and force main work following Developer’s completion of the survey, design and bid documents provided and paid for by Developer as provided in this Agreement.
Section 20. Duration. The duration of this Development and Infrastructure Agreement shall not be greater than two (2) years, unless extended pursuant to G.S. §160A-400.25(2).
Section 21. Periodic Review. The Town’s manager or his designee shall periodically review,
at least every twelve (12) months, the Developer’s compliance with this Agreement, at which Developer must demonstrate good-faith compliance with the terms, conditions and obligations herein. If the Developer is in material breach of any term, condition or obligation, the Town shall send Developer written notice to
cure said breach within a reasonable time not to exceed ninety (90) days. The
Town may terminate this Agreement upon Developer’s failure to cure said breach. Section 22. Indemnification/Hold Harmless. To the fullest extent allowable under North Carolina law, Developer hereby agrees to indemnify, hold harmless and defend
Town from any and all actions which may arise as a result of any damages or
claims for damages against Developer or Town by any person or entity, including other parties hereto, arising from this Developer’s performance of the services as called for herein. Section 23. No Third Party Beneficiaries. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either Party.
Section 24. Collection Costs and Reasonable Attorney Fees. In the event either party is caused to engage the services of an attorney to enforce the terms of this Agreement, the prevailing party shall be entitled to recover the costs of such enforcement including, but not limited to, reasonable attorney’s fees, court costs
and other fees and costs reasonably incurred.
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Section 25. Additional Documents. The parties agree to take all necessary action to enter into, execute and deliver any and all written documents necessary to carry out the
intent and terms of this Agreement.
(See signatures on following page)
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IN WITNESS WHEREOF, this Agreement has been executed the day and year first above written.
OM Developers, LLC By: (SEAL)
Name:
Title: Manager STATE OF NORTH CAROLINA COUNY OF WAKE
I, a Notary Public, do hereby certify that ________________________ personally came before me this day and acknowledged that he is the Manager of OM Developers, LLC, a North Carolina limited liability company, Grantor, and that he voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated.
Witness my hand and official stamp or seal this the day of ____________, 2024.
Notary Public
My commission expires:
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TOWN OF LILLINGTON
By: (SEAL) Name: Title: Town Manager
Attested:
______________, Town Clerk
STATE OF NORTH CAROLINA COUNTY OF WAKE
I, a Notary Public of the County and State aforesaid, certify that personally
came before me this day and acknowledged that he is Town Manager of the Town of Lillington, a municipal corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Town Manager , sealed with its corporate seal and attested by as its Town Clerk .
Witness my hand and official stamp or seal, this day of . 2024. My Commission Expires: Notary Public
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Exhibit A “Plan”
[TO BE ATTACHED]
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EXHIBIT B “Utility Construction Drawings”
[TO BE ATTACHED]
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EXHIBIT C
[TO BE ATTACHED]
AGENDA ITEM SUMMARY
Date of Meeting: November 12, 2024
Staff Work By: Landon Chandler, Planning Director
AGENDA ITEM
Public Hearing for Temporary Street Closure for the Town of Lillington Christmas Parade and
Gathering.
ITEM SUMMARY
The Town of Lillington’s Parks and Recreation Department is requesting the following
temporary road closures:
•Front Street
•Main Street
•8th, 9th, and 10th Streets
•W. James and W. Ivey Streets
The Town of Lillington’s Christmas Parade and Gathering is Saturday, December 14, 2024, at 7
p.m., the street closure request is from 5:30 p.m. to 8:00 p.m.
RECOMMENDED ACTION
Approve the Ordinance for Temporary Street Closure of Town and NCDOT Streets for the Town
of Lillington Christmas Parade and Gathering December 14, 2024.
AGENDA ITEM #6-6A
AGENDA ITEM SUMMARY
Date of Meeting: November 12, 2024
Staff Work By: Joseph Jeffries, Town Manager
Alicia L. Adams, Administrative Services Director
AGENDA ITEM
Discussion and Consideration of Approval of a Resolution Of The Town Of Lillington, North
Carolina, Authorizing The Negotiation Of An Installment Financing Contract And Providing For
Certain Other Related Matters Thereto
ITEM SUMMARY
An RFP for Direct Bank Loan financing was distributed on October 21, 2024 to over 50
National, Regional and Local lending institutions to finance a new Fire Station. After the initial distribution, Davenport reached out to the potential bidders to assess their interest in the financing and address any questions they had. Responding institutions were asked to provide proposals for an Installment Financing Contract (the “2025 IFC”) in an amount of up to
$5,000,000 with either 15-year or 20-year terms secured by a Deed of Trust on the Fire Station.
The Town received 5 proposals from the following banks:
•Capital One Public Funding LLC (“Capital One”)
•First Bank
•Truist Commercial Equity, Inc. (“Truist”)
•United Community
•Webster Bank
RECOMMENDED ACTION
Approve Resolution Of The Town of Lillington, North Carolina, Authorizing The Negotiation
Of An Installment Financing Contract And Providing For Certain Other Related Matters Thereto
AGENDA ITEM #7
TOWN OF LILLINGTON
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com
RESOLUTION FY 2025-06
RESOLUTION OF THE TOWN OF LILLLINGTON, NORTH
CAROLINA, AUTHORIZING THE NEGOTIATION OF AN INSTALLMENTFINANCING CONTRACT AND PROVIDING FOR CERTAIN OTHERRELATED MATTERS THERETO
WHEREAS, the Town of Lillington, North Carolina (“Town”) is a validly existing political subdivision of the State of North Carolina, existing as such under and by virtue of the Constitution,
statutes and laws of the State of North Carolina (“State”);
WHEREAS, Town has the power, pursuant to the General Statutes of North Carolina to (1) enter into installment contracts in order to purchase, or finance or refinance the purchase of, real or personal property and to finance or refinance the construction or repair of fixtures or improvements
on real property and (2) create a security interest in some or all of the property financed or
refinanced to secure repayment of the purchase price;
WHEREAS, Town has considered its need for the construction of a fire station within its
geographic limits which will include improvements and fixtures thereon (the “Project”); and
WHEREAS, Town determines that the Project is essential to the Town’s proper, efficient and
economic operation and to the general health and welfare of its inhabitants; that the Project will
provide an essential use and will permit Town to carry out public functions that it is authorized by
law to perform; and
WHEREAS, Town hereby determines that it is in the best interest of Town to enter into an Installment Financing Contract (“Contract”) in order to finance the capital costs of the Project and
to execute, in connection therewith, a Deed of Trust and/or other security instruments related to the Town’s interest in the real property on which the Project will be located and/or improvements and fixtures located thereon that will provide security for Town’s obligations under the Contract;
WHEREAS, entering a Contract, Deed of Trust and other necessary security instruments for the
Project as reflected herein is necessary for the Town by virtue of the findings presented herein;
and
WHEREAS, Town, through a bidding process, solicited financing proposals from banks and financial institutions; and
Town of Lillington | 2
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com
WHEREAS, ______________________ (the “Bank”) provided the terms most attractive to Town, as evidenced by the financing proposal provided to Town; and
WHEREAS, Town currently expects to borrow approximately $4,500,000 for the cost of the
Project, understanding the actual amount borrowed for the project may be higher or lower.
WHEREAS, the proposed financing, as well as Town’s promise to repay the financing, will not
result in any recourse against Town or its property (other than the pledged property) if there were
a default on the financing.
WHEREAS, Town hereby determines that the Contract allows Town to finance the Project at a
favorable interest rate currently available in the financial marketplace and on terms advantageous
to the Town; WHEREAS, Town hereby determines that the estimated cost of financing the Project exceeds the amount that can be prudently raised from currently available appropriations, unappropriated fund
balances and non-voted bonds that could be issued by Town in the current fiscal year pursuant to
Article V, Section 4 of the Constitution of the State; WHEREAS, although the cost of financing the Project pursuant to the Contract is expected to exceed the cost of financing the Project pursuant to a bond financing for the same undertaking,
Town hereby determines that the cost of financing the Projects pursuant to the Contract, Deed of
Trust and/or other security instruments for the Project and the obligations of the Town thereunder are preferable to a general obligation bond financing or revenue bond financing for several reasons, including but not limited to the following: (1) the cost of a special election necessary to approve a general obligation bond financing, as required by the laws of the State, would result in the
expenditure of significant funds; (2) the time required for a general obligation bond election would
cause an unnecessary delay which would thereby decrease the financial benefits of financing the Project; and (3) no revenues are produced by the Project so as to permit a revenue bond financing; WHEREAS, Town has determined and hereby determines that the estimated cost of financing the
Project pursuant to the Contract reasonably compares with an estimate of similar costs under a
bond financing for the same undertaking because of the findings delineated in the above preambles; and WHEREAS, the increase in taxes, if any, necessary to meet the sums to fall due under the Contract
will not be excessive; and
WHEREAS, the Authorized Officers as defined herein, are authorized as they determined necessary to seek opinions from consultants or advisors to the effect that entering the Contract and the transactions contemplated thereby are authorized by law; and
WHEREAS, no deficiency judgment may be rendered against the Town in any action for its breach of the Contract, and the taxing power of the Town is not and may not be pledged in any way directly or indirectly or contingently to secure any money due under the Contract; and
Town of Lillington | 3
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com
WHEREAS, Town is not in default under any of its debt service obligations; and
WHEREAS, Town’s budget process and Annual Budget Ordinance are in compliance with the Local Government Budget and Fiscal Control Act, and external auditors have determined that the Town has conformed with generally accepted accounting principles as applied to governmental units in preparing its Annual Budget ordinance; and
WHEREAS, past audit reports of Town indicate that its debt management and contract obligation payment policies have been carried out in strict compliance with the law, and Town has not been censured by the North Carolina Local Government Commission (the “LGC”), external auditors or any other regulatory agencies in connection with such debt management and contract obligation
payment policies; and
WHEREAS, a public hearing on the Contract, after publication of a notice with respect to such public hearing, will be held on the 10th day of December, 2024 and approval of the LGC with respect to entering the Contract must be received.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE TOWN OF LILLINGTON, NORTH CAROLINA, AS FOLLOWS:
Section 1. Authorization to Negotiate the Contract; Ratification. That the actions
of the Chairman of the Town Board and the Town Manager (individually and collectively, the “Authorized Officers”), with advice from the Town Attorney and any Special Counsel and/or Financial Advisors, are hereby authorized and ratified with respect to the solicitation of proposals from banks and financial institutions to finance the Projects, and the Authorized Officers, with
advice from the Town Attorney, Special Counsel, and/or Financial Advisors are hereby authorized
to proceed and negotiate with the Bank on behalf of Town to finance the Project under the Contract to be entered into in accordance with the provisions of Section 160A-20 of the General Statutes of North Carolina and to provide in connection with the Contract, as security for the Town’s obligations thereunder, the Deed of Trust and/or other security instruments conveying a lien and
interest in the Mortgaged Property, including the improvements thereon, as may be required by
the Bank.
Section 2. Application to LGC. That the Town Manager, or his designee(s), are each hereby directed to file with the LGC an application for its approval of the Contract and all relevant
transactions contemplated thereby on a form prescribed by the LGC and to state in such application
such facts and to attach thereto such exhibits regarding the Town and its financial condition as may be required by the LGC.
Section 3. Direction to Retain Special Counsel and Financial Advisor. That the
Authorized Officers, with advice from the Town Attorney, are hereby authorized and directed to
retain the assistance of Special Counsel and/or Financial Advisors, as needed.
Town of Lillington | 4
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com
Section 4. Ratification of Prior Actions. That all actions of Town, its officials and their designees, whether previously or hereafter taken in effectuating the proposed installment
financing as described herein, are hereby ratified, authorized and approved.
Section 5. Repealer. That all motions, orders, resolutions and parts thereof in conflict herewith are hereby repealed.
Section 6. Effective Date. That this Resolution is effective on the date of its adoption.
STATE OF NORTH CAROLINA COUNTY OF HARNETT
I, Lindsey B. Lucas, Clerk for the Town of Lillington, North Carolina HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution entitled: “RESOLUTION OF
THE TOWN OF LILLINGTON, NORTH CAROLINA, AUTHORIZING THE NEGOTIATION OF ANINSTALLMENT FINANCING CONTRACT AND PROVIDING FOR CERTAIN OTHER RELATEDMATTERS THERETO” adopted by the Town Board of Lillington, North Carolina, in regular session
convened on the 12th day of November, 2024.
WITNESS my hand and the corporate seal of the Town of Lillington, North Carolina this 12th day of November, 2024.
Attest:
___________________________ ________________________
Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor
Member NYSE|FINRA|SIPC
2025 IFC –Summary of Financing Proposals
Town of Lillington, North Carolina
November 12, 2024
November 12, 2024
Bank Loan RFP Overview
An RFP for a Direct Bank Loan financing was distributed on October 21, 2024 to over 50 National, Regional and Local
lending institutions to finance a new Fire Station.
After the initial distribution, Davenport reached out to the potential bidders to assess their interest in the financing and
address any questions they had.
Responding institutions were asked to provide proposals for an Installment Financing Contract (the “2025 IFC”) in an
amount of up to $5,000,000 with either 15-year or 20-year terms secured by a Deed of Trust on the Fire Station.
The Town received 5 proposals from the following banks:
–Capital One Public Funding LLC (“Capital One”)
–First Bank
–Truist Commercial Equity, Inc. (“Truist”)
–United Community
–Webster Bank
A summary of all proposals received is included on page 3 of this summary.
Town of Lillington, NC | 2025 IFC Summary of Financing Proposals 2
Summary of Interest Rates
Bank Proposals
November 12, 2024 Town of Lillington, NC | 2025 IFC Summary of Financing Proposals 3
Based upon our review of proposals received, the Webster Bank and Truist Bank proposals provided the lowest interest rates associated with the 15-year and
20-year term. The remainder of this summary will focus on these interest rates.
A B C D E
Lender 15-Year
Option
20-Year
Option Call Provisions Rate Lock
1 Webster Bank 4.36%4.49%
15-year Option: Prepayable in whole or in part on any date
on or after 2/1/2030 at 102%, on or after 2/1/2031 at
101%, callable at par on or after 2/1/2032.
20-year Option: Prepayable in whole or in part on any date
on or after 2/1/2030 at 102%, on or after 2/1/2032 at
101%, callable at par on or after 2/1/2034.
Interest rates are locked through January 23,
2025, if accepted by November 13, 2024.
2 Truist Bank 4.43%4.51%Option 1: Subject to a "Make Whole Call"Interest rates are locked through January 23,
4.49%4.64%Option 2: Make Whole Call through 2/1/2035; par
thereafter.
2025, if accepted by December 11, 2024.
3 Capital One 4.92%5.03%
15-year Option: No call through 2/1/2032, callable at par
thereafter on any date in whole or in part.
20-year Option: No call through 2/1/2035, callable at par
thereafter on any date in whole or in part.
Interest rate is locked, subject to an interest
rate collar (10-year SOFR between 3.88% and
3.98%)
4 First Bank 5.13% (BQ)5.53% (BQ)No Pre-Payment fees Term sheet will be honored through the
anticipated closing date of January 23, 2025.
5 United Community 5.55%-No Prepayment penalty Term Sheet shall expire on 12/5/2024 unless
a formal commitment letter has been issued.
Note: Webster Bank, Truist, Capital One, and United Community do not differentiate between BQ and NBQ
Note: Interest rates in red are indicative and subject to change.
November 12, 2024
Summary of Bids
Webster Bank & Truist
Town of Lillington, NC | 2025 IFC Summary of Financing Proposals 4
A B C D E
Lender Webster Bank Truist Bank
Term 15-Year Term 20-Year Term 15-Year Term 20-Year Term
1 Interest Rates
(BQ or NBQ)4.36%4.49%Option 1: 4.43%
Option 2: 4.49%
Option 1: 4.51%
Option 2: 4.64%
2 Prepayment Language
Prepayable in whole or in part on any date
on or after 2/1/2030 at 102%, on or after
2/1/2031 at 101%, callable at par on or
after 2/1/2032.
Prepayable in whole or in part on any date
on or after 2/1/2030 at 102%, on or after
2/1/2032 at 101%, callable at par on or
after 2/1/2034.
- Prepayable in whole or in part on any date with 2 business days notice, subject to:
Option 1: "Make Whole Call"
Option 2: Make Whole Call through 2/1/2035; par thereafter.
- Partial prepayments will be allowed once per year, on a payment date, and in
inverse order. The minimum partial prepayment amount is $300,000.- Partial prepayments will be applied as mutually agreed upon.
3 Acceptance / Rate
Expiration
- Interest rates are locked through January 23, 2025, if accepted by November 13,
2024. In the event the loan is not closed, no breakage penalties or fees will be due.
- Interest rates are locked through January 23, 2025, if accepted by December 11,
2024. Following acceptance, the Town would be required to pay legal fees (NTE
$15,000) if the loan does not close.
4 Lender's Counsel Gilmore & Bell (Janelle Jackson & Jason Schurke)Hawkins Delafield & Wood (Jeff Poley)
5 Lender's Counsel Fees NTE: $12,500 (Fee - $5,000; Tax Opinion Fee - $7,500) NTE: $15,000 (Inclusive of Tax Opinion)
6 Escrow/Project Fund
Requirements
- Proceeds may be held in any account of the Town's choosing (e.g. NCCMT or other
similar funds). Subject to requisition process (can be accepted via email notice).
- Proceeds must be held in an account with Truist and will earn interest at a managed
interest rate that is subject to change at bank's discretion (Current - 3.80%). Subject
to requisition process (can be accepted via email notice).
7 Credit Approval Preliminary approval, final approval subject to documentation.Fully Approved, subject to document review.
8 Other Considerations
1. Webster will require a Title Search, Title Insurance, and Environmental Survey.
Webster will also run a flood search at no cost.
2. Minimum Loan to Value Ratio requirement at/near 100% of the new project cost.
3. Webster would like to have the construction documents/contracts, surveys or
appraisals if possible, but would not require them.
4. Webster would need to be added as a dual obligee and additional insured / payee
for the Payment & Performance Bonds and Insurance Policies.
1. The Bank will require a security interest on the Fire Station being financed, a flood
certification and Title Search. The Bank will not require a Title Opinion or Title
Insurance Policy, dependent on results of the Title Search.
November 12, 2024
Debt Service Comparison
Webster Bank & Truist
Town of Lillington, NC | 2025 IFC Summary of Financing Proposals 5
15-Year Options 20-Year Options
A B C D E F G
1 Lender Webster Truist Webster Truist
2 Financing Description Option 1 Option 2 Option 1 Option 2
3 Call Provisions
2/1/30-31: 102%,
2/1/31-32: 101%,
after 2/1/32: 100%
Make Whole Call
Make Whole Call /
10-year Par Call
after 2/1/2035
2/1/30-32: 102%,
2/1/32-34: 101%,
after 2/1/34: 100%
Make Whole Call
Make Whole Call /
10-year Par Call
after 2/1/2035
4 Interest Rate 4.36%4.43%4.49%4.49%4.51%4.64%
5 Uses of Funds
6 Project Fund*4,500,000$ 4,500,000$ 4,500,000$ 4,500,000$ 4,500,000$ 4,500,000$
7 Cost of Issuance*125,000 125,000 125,000 125,000 125,000 125,000
8 Bank Fees*12,500 15,000 15,000 12,500 15,000 15,000
9 Additional Proceeds*500 - - 500 - -
10 Total Loan Amount 4,638,000$ 4,640,000$ 4,640,000$ 4,638,000$ 4,640,000$ 4,640,000$
11 Debt Service*
12 Fiscal Year
13 2025 -$ -$ -$ -$ -$ -$
14 2026 516,711 520,120 522,966 444,874 445,914 452,080
15 2027 498,701 501,819 504,417 429,829 430,801 436,531
16 2028 485,185 488,086 490,498 419,413 420,338 425,766
17 2029 470,669 474,353 476,579 408,996 409,874 415,002
18 2030 457,196 460,620 462,660 398,579 399,411 404,237
19 2031 443,724 445,887 447,741 388,162 388,948 393,472
20 2032 430,252 432,198 433,867 377,745 378,485 382,707
21 2033 416,779 418,510 419,993 367,329 368,022 371,942
22 2034 403,307 404,821 406,119 356,912 357,558 361,178
23 2035 389,834 391,132 392,245 346,495 347,095 350,413
24 2036 376,362 377,444 378,371 336,078 336,632 339,648
25 2037 362,890 363,755 364,496 325,661 326,169 328,883
26 2038 349,417 350,066 350,622 315,245 315,706 318,118
27 2039 335,945 336,377 336,748 304,828 305,242 307,354
28 2040 322,472 322,689 322,874 294,411 294,779 296,589
29 2041 - - - 283,994 284,316 285,824
30 2042 - - - 273,577 273,853 275,059
31 2043 - - - 263,161 263,390 264,294
32 2044 - - - 251,744 252,926 253,530
33 2045 - - - 241,372 242,463 242,765
34 Total 6,259,443$ 6,287,876$ 6,310,195$ 6,828,405$ 6,841,922$ 6,905,392$
35 Difference to Webster 15-year 28,433 50,752 568,961 582,479 645,949
36 Difference to Webster 20-year 13,518 76,988
* Preliminary and subject to change. Assumes a closing date of January 23, 2025, annual interest beginning 2/1/2026 and annual principal beginning 2/1/2026.
November 12, 2024
Debt Service Comparison
Webster Bank 15-year vs. 20-year
Town of Lillington, NC | 2025 IFC Summary of Financing Proposals 6
The difference in interest rate between the Webster 15
and 20-year term is 0.13%.
Overall, the 15-year term provides lower total debt
service due to the slightly lower interest rate and 5-year
shorter term.
–Compared to the 20-year option, total debt service on
the 15-year term is lower by approximately $568,000.
The 20-year term offers lower annual payments over the
first 15-years when compared to the 15-year term.
–The difference in annual payments range from
approximately $72,000 in year 1 to approximately
$28,000 in year 15.
–Over the first 5-years, the payments on the 20-year
term are $326,771 lower in total, an average of
$65,354 per year.
Both options provide flexibility to prepay the loan prior to
maturity.
–The 20-year rate is prepayable without penalty
on/after 2/1/2034 providing an option to shorten the
loan to 15-years in the future if desired.
15-Year Option 20-Year Option Difference
A B C D
1 Lender Webster Webster Webster
2 Call Provisions
2/1/30-31: 102%,
2/1/31-32: 101%,
after 2/1/32: 100%
2/1/30-32: 102%,
2/1/32-34: 101%,
after 2/1/34: 100%
3 Interest Rate 4.36%4.49%0.13%
4 Uses of Funds
5 Project Fund*4,500,000$ 4,500,000$ -$
6 Cost of Issuance*125,000 125,000 -
7 Bank Fees*12,500 12,500 -
8 Additional Proceeds*500 500 -
9 Total Loan Amount 4,638,000$ 4,638,000$ -$
10 Debt Service*
11 Fiscal Year
12 2025 -$ -$ -$
13 2026 516,711 444,874 71,837
14 2027 498,701 429,829 68,871
15 2028 485,185 419,413 65,772
16 2029 470,669 408,996 61,673
17 2030 457,196 398,579 58,617
18 2031 443,724 388,162 55,562
19 2032 430,252 377,745 52,506
20 2033 416,779 367,329 49,451
21 2034 403,307 356,912 46,395
22 2035 389,834 346,495 43,339
23 2036 376,362 336,078 40,284
24 2037 362,890 325,661 37,228
25 2038 349,417 315,245 34,173
26 2039 335,945 304,828 31,117
27 2040 322,472 294,411 28,061
28 2041 - 283,994 (283,994)
29 2042 - 273,577 (273,577)
30 2043 - 263,161 (263,161)
31 2044 - 251,744 (251,744)
32 2045 - 241,372 (241,372)
33 Total 6,259,443$ 6,828,405$ 568,961$
* Preliminary and subject to change. Assumes a closing date of January 23, 2025, annual interest beginning
2/1/2026 and annual principal beginning 2/1/2026.
Observations
November 12, 2024
Recommendation and Next Steps
Recommendation
▪Based upon our review of the proposals,related analyses,and discussions with the Town Staff,Davenport recommends that the Town
selects the Webster Bank Proposal for either a 15 or 20-year term.Webster provides the lowest interest rates and total debt service costs
for both terms,while providing flexibility to prepay/refinance the loan prior to the final maturity.The 15-year term provides the lowest total
debt service,while the 20-year term provides lower annual payments over the first 15-years.
Next Steps
Date Task
November 12th (6:00pm)
▪Town Board Meeting (Agenda Deadline –November 7th)
–Town Board briefed on the Plan of Finance
–Town Board considers approval of winning lender
–Town Board considers adopting a Preliminary Findings Resolution
December 3rd Project GMP (Guaranteed Maximum Price)provided by Bobbitt to the Town
December 10th (6:00pm)
▪Town Board Meeting (Agenda Deadline -December 5th)
–Town Board holds a Public Hearing
–Town Board considers approving a Final Resolution (if possible)
January 7th LGC considers approving the financing*
January 14th (6:00pm)▪Town Board Meeting (Agenda Deadline –January 9th)
–Town Board considers approving a Final Resolution (if not done previously)
By January 23rd Close on 2025 IFC
Town of Lillington, NC | 2025 IFC Summary of Financing Proposals 7
*Note: January 2025 LGC deadlines and meeting dates are subject to confirmation
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November 12, 2024 Town of Lillington, NC | 2025 IFC Summary of Financing Proposals 8