HomeMy WebLinkAbout111225 ws agenda packetHarnett County Board of Commissioners
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WORK SESSION AGENDA
Date: Wednesday, November 12, 2025
Time: 9:00 a.m.
Location: Commissioners Meeting Room
Harnett County Resource Center & Library
455 McKinney Parkway, Lillington
1.Call to order – Chairman Matthew B. Nicol
2.Pledge of Allegiance and Invocation – Commissioner Duncan “Eddie” Jaggers
3.Harnett County Heroes Remembrance Presentation
4.Consider any additions and/or deletions to the published agenda.
5.Update on Land Sales for the 2026 Reappraisal; Christine Wallace, Tax Administrator
6.Carolina Across 100 Affordable Housing Update; Coley Price, Deputy County Manager
7.Discuss a request to consider and approve contract negotiations for Construction Manager at Risk
(CMAR) for Construction Services for Harnett County Animal Adoption Center; Barry Blevins,
General Services Director and Coley Price, Deputy County Manager
8.Discuss a request to add a Tech1/Painter position to Facilities Maintenance Department; Kenneth
Snipes, Facilities Maintenance Director
9.Discuss a request to accept the Parks and Recreation Trust Fund grant of the construction of Phase
1 outlined in the Neills Creek Park Master Plan; Carl Davis, Parks and Recreation Director
10.Discuss a request to accept the Land and Water Conservation Fund grant funding for the
construction of Phase 1 outlined in the Neills Creek Park Master Plan; Carl Davis, Parks and
Recreation Director
11.Development Services briefing:
Proposed Zoning Change from the RA-20R to Commercial Zoning District, PLAN2509-0001:
Landowner / Applicant: B & B Land Holdings, LLC-Ron Burgess / Greg Bagley; 6.26 +/- acres; Pin
# 0549-91-0349.000; From RA-20R to Commercial Zoning District; Lillington Township;
Intersection of NC Hwy 210 South & SR # 1133 (Shawtown Road)
Proposed Zoning Change from the Commercial to the RA-20R Zoning District, PLAN2509-0002:
Landowner / Applicant: Mary Lou Mize, Steven Pointer, Kevin & Kathleen Harris, Nancy Ouellette
/ Harnett County Development Services; 18.13 +/- acres; Pin #’s 9576-37-2987.000, 9576-28-
9973.000, 9576-38-1432.000, 9576-37-3037.000, 9576-37-3735.000, 9576-37-3220.000, 9576-37-
2250.00, 9576-37-2372.000; From Commercial to RA-20R Zoning District; Barbecue Township; NC
87 N & SR # 1113 (Old NC 87)
Proposed Zoning Change from the RA-20M to the Commercial Zoning District, PLAN2510-0001:
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Harnett County Board of Commissioners
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Landowner / Applicant: Kelley Inez Marsh f/k/a Kelley Bullock Hasapis, Darius Marsh, Angelo K
Hasapis/ 4C Development, LLC-Wesley Campbell; 5.32 +/- acres; Pin # 0504-92-7415.000; From
RA-20M to Commercial Zoning District; Anderson Creek Township; Intersection of SR # 1121 (Ray
Road) & SR # 1122 (McKay Drive)
12.Discuss a for approval of the conversion of two part-time positions to one full-time Library
Assistant Position; Kimberly Van Beck, Library Director
13.Discuss a request to apply for and accept Libraries Transforming Communities (LTC): Accessible
Small and Rural Communities Grant Round 4 – Erwin Public Library; Kimberly Van Beck, Library
Director
14.Discuss a request for permission to apply for and accept if awarded a Libraries Strengthening
Connections Grant in the amount of $25,800; Joanna Cox, Assistant Library Director/Systems
Administrator
15.Discuss a request to change the name of Human Resources and Legal Departments; Christopher
Appel, Senior Staff Attorney
16.Discuss a request for the approval of a Land Lease Agreement between the County and Harnett
Air, LLC.; Christopher Appel, Senior Staff Attorney
17.Discuss Historic Preservation and Heritage Tourism Commission Ordinance; Christopher Appel,
Senior Staff Attorney
18.Discuss a request to approve a Resolution to Direct the Expenditure of Opioid Funds; Christopher
Appel, Senior Staff Attorney
19.Discuss updating Board of Commissioners’ Rules of Procedure; Christopher Appel, Senior Staff
Attorney
20.Discuss 2026 Board of Commissioners meeting dates; Melissa Capps, Clerk to the Board
21.Review applications for Boards and Committees.
22.County Manager’s Report – Brent Trout, County Manager
November 17, 2025 Regular Meeting Agenda Review
Upcoming meetings and invitations
23.Closed Session
24.Adjourn
CONDUCT OF THE NOVEMBER 12, 2025 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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A:\Clerk to the Board docs\AGENDAS\2025\111225 ws\5.1 2026 Reappraisal Update - Land Sales.docx Page
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Board Meeting
Agenda Item
MEETING DATE: November 17, 2025
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Update on Land Sales for the 2026 Reappraisal
REQUESTED BY: Christine L. Wallace, Tax Administrator
REQUEST:
To provide the Board of Commissioners with an update on vacant land sales as part of
the ongoing preparations for the 2026 reappraisal. No action is required; for
informational purposes only.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
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Item 5
Photo Source: Carolina Across 100
HC BOC 111225 ws Pg. 4
Our State, Our Homes
“Partnering to Address Affordable Housing Needs in North Carolina.”
An 18-month program to help communities develop capacity, analyze challenges,
and implement strategies to address affordable housing and related issues in
North Carolina.
Chosen to participate
in Our State, Our
Homes Program
Feb
2025
START
Dec
2024
Forum 1
Mar\Apr
2025
Identified
Community
assets
May
2025
Forum 2 Forum 3
Developed a
Shared
Measurement
System
June
2025
Using Housing
Data to
determine
needs
July/Aug
2025
Oct/Nov
2025
Sep
2025
Will Present
progress and
challenges
Forum 4
Dec
2025
PROGRAM
COMPLETION
March
2025
Forum 5
Developed a
Community
Action Plan
Jan/Feb
2025
HC BOC 111225 ws Pg. 5
Our State,
Our Homes
“Partnering to Address
Affordable Housing Needs
in North Carolina.”
5 Forums hosted at the UNC School of Government
Each forum includes educational trainings, breakout sessions for in-depth
collaboration among participants, and speakers who share stories and experiences
about addressing affordable housing in their communities.
Technical Assistance and Expert Peer Support
Technical assistance and expert peer support provided by UNC School of
Government, Carolina Across 100, and Development Finance Initiative.
Valuable Data Resources & Funding Opportunities
Data tools and evidence-informed strategies to promote affordable housing,
and some funding for project management and implementation costs.
HC BOC 111225 ws Pg. 6
“Our State, Our Homes” Community Collaboratives
Map Source: UNC School of Government
HC BOC 111225 ws Pg. 7
Team 10
Sandhills Affordable Housing Collective
Harnett, Cumberland, & Sampson
Counties
•Harnett County Government
•Cumberland County Government
•Mid-Carolina Regional Council
•City of Fayetteville
Left to right: Barry Blevins, Harnett County, Community Development Director; Cedric Turner,
Cumberland County, Strategic Project Analyst; Tye Vaught, Cumberland County, Chief of Staff / Interim
Community Development Director, Coley Price, Harnett County, Deputy County Manager, Haley Hogg,
Mid-Carolina Council of Governments, Planning Director; Chris Cauley, City of Fayetteville, Director of
Economic and Community Development.
Source: UNC School of Government
HC BOC 111225 ws Pg. 8
Our Purpose : Team 10
Our State, Our Home Program
“To create a community where everyone has access to safe, high-quality housing near
essential services, educational resources, and employment opportunities. We envision a
future where the well-being and upward mobility of the residents is promoted by the region’s
unwavering commitment to the supportive programs and policies for affordable housing.”
HC BOC 111225 ws Pg. 9
Our Housing Reality
Harnett County Median Sale Price
2025 $339,750
Data Source: Redfin
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Our Housing Reality
Data Source: Zillow
Harnett County Median Rent
2025 $1,832
$2,000
$1,800
$1,600
$1,400
$1,20020212022202320242025
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Our Housing Reality
Source: NC Housing Coalition, 2025
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North Carolina’s Housing Challenges:A Statewide Problem
For low- and moderate-
income households, the
share of households
with housing needs
jumps to nearly 85%.
An estimated 30% of North
Carolina households either
struggle to afford their
homes or are living in
substandard and/or
overcrowded housing.
Image and Data Source: Carolina Across 100, UNC School of Government HC BOC 111225 ws Pg. 13
Our Growing State
Source: US Census & Axios
Overall, NC grew 9.49%
between 2014-2023
Change in Population, 2014-2018 to 2019-2023
Most counties grew due to
net-in migration
Harnett County grew
11.6% between 2014-2023
HC BOC 111225 ws Pg. 14
Our Growing County
67,930
91,494
114,678
140,000
161,000
177,000
0
20,000
40,000
60,000
80,000
100,000
120,000
140,000
160,000
180,000
200,000
1990 2000 2010 2022 2030 (Projected)2038 (Projected)
Harnett County
Population & Projections1990-2038
Source: NC OSBM, 2024
HC BOC 111225 ws Pg. 15
Where are people Migrating to NC From?
State
Median
Household
Income
(2019)
Avg. Home Sale
Price (2019)
NY 79,557 449,569
FL 69,303 243,383
VA 85,873 275,569
SC 64,115 193,406
NC 67,481 206,083
Data Sources: US Census ACS, 2019; Zillow, 2019.
Top 4 Sending States
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Where are people Migrating to NC From?
Source: UNC SOG
HC BOC 111225 ws Pg. 17
Affordable Housing: A problem at the National Scale
What does the data indicate?
The median Age of first-time homebuyers is 38,
the highest since data on age of homebuyers
was collected in 1981. (2024)
First time home buyers hit an all time low in
2023.
Median Price: $415,200 (10/2025)
Monthly Mortgage $2,100 (8/2025)
Median Household Income: $78,538
Harnett Median Household Income: $65,000
Data Source: National Association of Realtors; US Census ACA 1-year and 5-year estimates;
Ncbudget.org/snapshots Image Source: Accessed pxhere.com/en/photo/1371077 CCO Public Domain
HC BOC 111225 ws Pg. 18
Affordable Housing: A problem at the National Scale
What does the data indicate?
The median Age of first-time homebuyers is
38, the highest since data on age of
homebuyers was collected in 1981. (2024)
First time home buyers hit an all time low in
2023.
Median Price: $415,200 (10/2025)
Monthly Mortgage $2,100 (8/2025)
Median Household Income: $78,538
Data Source: National Association of Realtors; US Census ACA 1-year and 5-year estimates;Image & Data Source: UNC SOG DFI, 2025.
Example Household Budget by Annual Income
HC BOC 111225 ws Pg. 19
What we mean when we talk about“Affordable Housing”
Market-Rate
Income-Restricted
Government Subsidized
Affordable Housing
Housing that costs an owner or renter no
more than 30% of household income.
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What we mean when we talk about“Affordable Housing”
Attainable & Workforce
Market-rate housing options priced to be affordable for middle-income
households who may not qualify to low-income assistance, but struggle with
housing costs. Typically low to moderate income, up to 120% AMI.
“Naturally Occurring Affordable Housing” (NOAH)
Unsubsidized or Affordable due to quality, type, or location. This housing is
vulnerable to changes in the market or deteriorating conditions.
Market Rate Housing
Affordable Housing Without Restrictions. Affordable
housing consists of more than low-income and public
housing.
HC BOC 111225 ws Pg. 21
What we mean when we talk about“Affordable Housing”
Housing Restricted by Income: Rental
Units
Funding source or contract imposes restrictions on affordability or
income eligibility, most commonly through the Low-Income
Housing Tax Credit Program (LIHTC) and is administered by NC
Housing Finance Agency (NCHFA). Can involve multiple programs
and funding sources.
Subject to strict requirements such as proximity to everyday
services, employment, and transportation opportunities.
HC BOC 111225 ws Pg. 22
What we mean when we talk about“Affordable Housing”Housing Choice Voucher (Section 8)
Government Subsidized Housing
Public Housing
Primarily serves extremely low-income households. Funded by
HUD. 100% publicly funded. There are no new public housing units
built today.
Not a building itself, it’s a direct payment from HUD to the landlord
on behalf of the tenant for eligible housing.
HC BOC 111225 ws Pg. 23
Housing Supply Spectrum
Image Source: UNC SOG Development Finance Initiative
HC BOC 111225 ws Pg. 24
Our Community’s Priorities
Where on the coordinate
system do we want to focus
our efforts?
What should our
community’s priorities be?
Image Source: UNC SOG DFI, 2025.
Strategic Approaches to Affordable Housing
HC BOC 111225 ws Pg. 25
Local Affordable Housing Plan Models
Harnett needs a plan that accounts for the existing inventory of the housing stock and quality. DFI assembled a map with subsidized unit data here.
Identify any barriers or potential opportunities to address affordability in our community. Conditional zoning is an example of a regulatory tool opportunity.
Source: WPCOG.ORGSource: Chathamcountync.gov HC BOC 111225 ws Pg. 26
Our Next Steps
Direction from the Board of Commissioners
Continuing to foster partnerships with counties across the state
Establishing connections with community partners
Implementation of an affordable housing plan and tool kit Dec
2025Dec
2025
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A:\Clerk to the Board docs\AGENDAS\2025\111225 ws\7.1 25.10.22 CMAR Short-List Negotiation Agenda Request.docx
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Board Meeting
Agenda Item
MEETING DATE: November 17, 2025
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Harnett County Animal Adoption Center - Construction Manager at Risk
(CMAR) Selection for Construction Services
REQUESTED BY: Barry A. Blevins, GS Director & Coley Price, Deputy County
Manager
REQUEST:
Request the Board of Commissioners consider and approve contract negotiations with
Edifice LLC, Charlotte, NC. Edifice Construction is ranked first (1) of three (3) short
listed firms who responded to the Request for Qualifications (RFQ) for the Animal
Adoption Center. Bordeaux Construction (2) and Samet Corporation (3) are the other
short-listed firms. There was a total of twelve (12) respondents to the RFQ. After
considerable deliberation from the RFQ Review Committee, Edifice is rated the most
qualified firm to provide Construction Manager at Risk (CMAR) services for the
Animal Adoption Center.
HC BOC 111225 ws Pg. 28
Item 7
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FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
HC BOC 111225 ws Pg. 29
Board Meeting
Agenda Item
MEETING DATE: November 12, 2025
TO: HARNETT COUNTY BOARD OF COMMISIONERS
SUBJECT: Tech1/ Painter position
REQUESTED BY: Kenneth Snipes, Director Facilities Maintenance
REQUEST:
Facilities is requesting to add a Tech1/ Painter position to our Department.
This position will mainly be at the Sheriff’s office. With the building being
over 16 years old maintenance request have been increasing. With having
staff there from 8 to 5 Monday thru Friday we can increase our duties at
this facilities. This will include painting the cells, pods, plumbing and
electrical. We are looking into starting this position January 1, 2026. This
position can be funded using lapse salaries from the Sheriff’s office and
contingency funds from Facilities.
HC BOC 111225 ws Pg. 30
Item 8
FINANCE OFFICERS RECOMMENDATION:
COUNTY MANAGERS RECOMMENDATION:
Insert text here.
Insert text here.
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Board Meeting
Agenda Item
MEETING DATE: November 17, 2025
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Parks and Recreation Trust Fund Grant Acceptance (Neills Creek Park,
Phase 1)
REQUESTED BY: Carl Davis, Parks and Recreation Director
REQUEST:
Parks and Recreation requests acceptance of Parks and Recraetion Trust Fund grant
funding for the construction of Phase 1 outlined in the Neills Creek Park Master Plan
(adopted in March 2024). Phase 1 will include playground, picnic shelter, restrooms,
walking trail, and additional infrastructure for Phase 1 and future phases.
The awarded grant is $500,000 and requires a dollar for dollar match from the County.
The County currently has $739,400 allocated in the CIP for this project and a $500,000
grant from the Land and Water Conservation Fund has also been awarded for this
project.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
HC BOC 111225 ws Pg. 32
Item 9
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STATE OF NORTH CAROLINA GRANTEE'S FEDERAL TAX I.D.#_________________________
COUNTY OF WAKE
N.C. Parks and Recreation Trust Fund Project Agreement for Local Government Grants
Grantee: Harnett County
Grantee Address and Contact Information: Carl Davis, Director, Parks & Recreation,
PO Box 816, Lillington, NC 27546
910-893-7518
cdavis@harnett.org
Grantee Fiscal Year End Date: June 30
Grant Award Date: August 22, 2025
Project Number: 2025-1145
Project Title: Neill’s Creek Park, Phase 1
Period Covered by This Agreement: 11/1/2025 through 10/31/2028
Project Scope (Description of Project): Development includes Playground + Surfacing, Walking Path (2000 SY),
Restroom, Picnic Shelter, Parking + Drive Improvements, Site Preparation, Utilities, Landscaping, Site furnishings,
Signage, Planning Costs, and Contingency
Project Costs: Grant Award Amount: $500,000
Local Government Match: $864,780
The North Carolina Department of Natural and Cultural Resources (hereinafter called the "Department") and Harnett
County (hereinafter referred to as "Grantee") do hereby enter into this project agreement (the “Agreement”),
effective as of the date of the last signature to this Agreement (the “Effective Date”), for the purpose of providing
grant funding to the Grantee for public recreation purposes via either land acquisition, the construction of new
public recreation facilities, or repair, renovation, improvement, or adaptation of existing public recreation facilities
in North Carolina. The Parties agree to comply with the terms, requirements, promises, conditions, plans,
specifications, estimates, procedures, project proposals, maps, and assurances described in the North Carolina Parks
and Recreation Trust Fund (“PARTF”) statute (N.C.G.S. 143B-135.56) and administrative rules (07 NCAC 13K), and
the PARTF grant application and grant manual, which are hereby incorporated by reference into this Agreement and
which are on file with the North Carolina Division of Parks and Recreation.
Now, therefore, the parties hereto do mutually agree as follows:
Upon execution of this Agreement, the Department hereby promises, in consideration of the promises by the
Grantee herein, to provide to the Grantee the grant amount shown above. The Grantee hereby promises to
efficiently and effectively manage the funds in accordance with the approved budget, to promptly complete grant
assisted activities described above in a diligent and professional manner within the project period, and to monitor
and report work performance.
N.C. Parks and Recreation Trust Fund Project Agreement for Local Government Grants
PARTF Grant Agreement 2025-1145
Page 1 of 11
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Section I. Eligible Project Costs, Fiscal Management, and Recordkeeping
1.The grant amount must be matched on the basis of at least one dollar of funding provided by the Grantee for
every one dollar of funding provided by the State. To be eligible, project costs must be incurred during the
period covered by this Agreement, be documented in the grant application, described in the project scope of
this Agreement, and initiated and/or undertaken after execution of this Agreement by the Grantee and the
Department. The Department shall only pay or reimburse the Grantee for reasonable, eligible costs actually
incurred by the Grantee that do not exceed the grant award amount for the Project outlined on page 1 of this
Agreement.
2.PARTF assistance for land acquisition will be based on the fair market value of real property or the sales price,
whichever is less. The value must be based upon an independent appraisal by a licensed appraiser holding a
general or residential certification from the North Carolina Appraisal Board. The Department shall review the
appraisal as to content and valuation. Approval of appraised amounts rests with the Department. The Grantee
agrees to begin development on PARTF acquired land within five (5) years of the Effective Date of this
Agreement in order to allow general public access and use.
3.Payment shall be made in accordance with this Agreement, the Scope of Work (Attachment B), and PARTF
statutes and rules. Payment for work performed will be made upon receipt and approval of invoice(s) from
the Grantee documenting the costs incurred in the performance of work under this Agreement. Invoices may
be submitted to the Contract Administrator quarterly. Final invoices, including accounting records that
document all expenditures and request for reimbursement, must be received by the Department for approval
prior to or at the time of the close-out inspection. Accounting records should be based on generally accepted
local government accounting standards and principles. All accounting records and supporting documents will
clearly show the Project Number and Project Title to which they are applicable.
4.Records created or obtained under this Agreement shall not be destroyed, purged or disposed of without the
express written consent of the Department. State basic records retention policy requires all grant records to
be retained for a minimum of five (5) years or until all audit exceptions have been resolved, whichever is longer.
Also, if any litigation, claim, negotiation, audit, disallowance action, or other action involving this Agreement
has been started before expiration of the five-year retention period described above, the records must be
retained until completion of the action and resolution of all issues which arise from it, or until the end of the
regular five-year period described above, whichever is later.
5.The State Auditor and the Department’s internal auditors shall have access to persons and records as a result
of all contracts and grants entered into by state agencies and or political subdivisions in accordance with
General Statute 147-64.7. Additionally, as the State funding authority, the Department shall have access to
persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions.
6.The Grantee agrees to refund to the Department, subsequent to an audit of the project’s financial records, any
costs disallowed or required to be refunded to the Department on account of audit exceptions. The Grantee
agrees that any unused State-awarded funds remaining after the completion of the project or termination of
this Agreement shall revert back to the Department to be deposited into PARTF for distribution by the PARTF
Authority.
7.The Parties agree and understand that the payment of the sums specified in this Agreement is dependent and
contingent upon and subject to the appropriation, allocation, and availability of funds for this purpose to the
Department.
N.C. Parks and Recreation Trust Fund Project Agreement for Local Government Grants
PARTF Grant Agreement 2025-1145
Page 2 of 11
HC BOC 111225 ws Pg. 35
Section II. Project Execution
1. The Grantee may not deviate from the Scope of Work outlined in Attachment B without the prior written
approval of the Department. When the Grantee seeks to change an element of the project, including, but not
limited to, the project scope, a revised estimate of costs, a deletion or additions of project deliverables, or an
extension of the Agreement period, the Grantee must submit in writing a request to the Department for
approval.
2. The Grantee agrees to permit periodic audits and site inspections by the Department to ensure work progress
in accordance with the approved project, including a required close-out inspection upon project completion.
After project completion, the Grantee agrees to conduct compliance inspections at least once every five (5)
years and to submit a Department-provided inspection report to the Department.
3. The Grantee shall not subgrant any of the work contemplated under this Agreement without prior written
approval from the Department. The Department shall not be obligated to pay for any work performed by any
unapproved subgrantee or subrecipient. The Grantee or subrecipient is not relieved of any of the duties and
responsibilities of this Agreement. Furthermore, any subrecipient must agree to abide by the standards
contained in this Agreement and to provide all information to allow the Grantee to comply with these
standards.
4. The Grantee shall be wholly responsible for the work to be performed and for the supervision of its employees.
The Grantee represents that it has, or will secure at its own expense, all personnel required in performing the
services under this Agreement. Such employees shall not be employees of or have any individual contractual
relationship with the Department.
5. In the event the Grantee subcontracts for any or all of the services covered by this Agreement:
a. The Grantee is not relieved of any of the duties and responsibilities provided in this Agreement;
b. The Grantee’s contract with the subcontractor must provide that the subcontractor agrees to
abide by the standards contained in this Agreement or to provide such information as to allow the
Grantee to comply with these standards; and
c. The Grantee’s contract with the subcontractor must provide that the subcontractor agrees to allow
state and federal authorized representatives access to any records pertinent to its role as a
subcontractor.
6. The Grantee agrees to comply with all applicable reporting requirements for grant recipients at the designated
reporting level as outlined in 09 NCAC 03M .0205, including providing a certification that State financial
assistance received was used for the purposes for which it was awarded.
7. The Grantee agrees land acquired with PARTF assistance shall be dedicated in perpetuity as a recreation site
for the use and benefit of the public, the dedication will be recorded in the deed of said property and the
property may not be converted to other than public recreation use without the prior written approval of the
Department. The Grantee agrees to maintain and manage PARTF-assisted development/renovation projects
for public recreation use for a minimum period of twenty-five (25) years after project completion.
8. The Grantee agrees to operate and maintain the project site so as to appear attractive and inviting to the
public, kept in reasonably safe repair and condition, and open for public use at reasonable hours and times of
the year, according to the type of facility and area.
9. The Grantee agrees to place utility lines developed with PARTF assistance underground.
10. The Grantee shall, in the landscaping of all PARTF-funded projects, only use seeds and plants classified by the
U.S. Department of Agriculture as native to the Southeastern United States, including cultivars and varieties
thereof that were not bred to have reduced reproductive structures, with a strong preference for plants the
N.C. Parks and Recreation Trust Fund Project Agreement for Local Government Grants
PARTF Grant Agreement 2025-1145
Page 3 of 11
HC BOC 111225 ws Pg. 36
U.S. Department of Agriculture has classified as native to North Carolina. The “Southeastern United States”
shall be defined as the states of Alabama, Georgia, North Carolina, South Carolina, Tennessee, Virginia, and the
following counties in Florida: Bay Calhoun, Escambia, Gulf, Holmes, Jackson, Okaloosa, Santa Rosa, Walton,
and Washington. The following non-native plants shall be exempted from this requirement:
a. Non-native plants incorporated as part of a PARTF-funded project that are already existing at the time
that the grant is approved;
b. Non-native turf grass; and
c. Non-native seeds and plants where the primary purpose is:
i. crop cultivation;
ii. scientific research;
iii. botanical or historical gardens; or
iv. plantings for wildlife.
d. If the project site is rendered unusable for any reason whatsoever, the Grantee agrees to immediately notify
the Department of said conditions and to make repairs, at its own expense, in order to restore use and
enjoyment of the project by the public.
Section III. Project Termination and Applicant Eligibility
1. The Grantee may unilaterally rescind this Agreement at any time prior to the expenditure of funds by the State
on the project described in this Agreement by providing written notice to the Department.
2. Termination by Mutual Consent: The Parties may terminate this Agreement by mutual consent with sixty (60)
days’ written notice to the other Party, or as otherwise provided by law. If the Agreement is terminated by the
Department as provided herein, the Grantee shall be paid for services satisfactorily completed, less payment
or compensation previously made. Unexpended funds held by the Grantee shall revert to the PARTF upon
termination of this Agreement.
3. Termination for Cause: If, through any cause, the Grantee shall fail to fulfill its obligations under this
Agreement in a timely and proper manner, the Department shall have the right to terminate this Agreement
by giving written notice to the Grantee and specifying the effective date thereof. Unexpended funds held by
the Grantee shall revert to the PARTF upon termination of this Agreement. If the Agreement is terminated by
the Department as provided herein, the Grantee shall be entitled to receive just and equitable compensation
for any satisfactory work completed on such materials, minus any payment or compensation previously made.
Notwithstanding the foregoing provision, the Grantee shall not be relieved of liability to the Department for
damages sustained by the Department by virtue of the Grantee’s breach of this Agreement, and the
Department may withhold any payment due the Grantee for the purpose of setoff until such time as the exact
amount of damages due the Department from such breach can be determined.
In addition, in the event of default by the Grantee under this Agreement, the State may immediately cease
doing business with the Grantee, immediately terminate for cause all existing contracts the State has with the
Grantee, and de-bar the Grantee from doing future business with the State.
Upon the Grantee filing a petition for bankruptcy or the entering of a judgment of bankruptcy by or against the
Grantee, the State may immediately terminate, for cause, this Agreement and all other existing contracts the
Grantee has with the State, and de-bar the Grantee from doing future business.
4. Failure by the Grantee to comply with the provisions and conditions set forth in the formal application, PARTF
administrative rules, and this Agreement may result in the Department declaring the Grantee ineligible for
further participation in future PARTF-funded grant cycles, in addition to any other remedies provided by law,
until such time as compliance has been obtained to the satisfaction of the Department.
5. Waiver by the Department of any default or breach in compliance with the terms of this Agreement by the
N.C. Parks and Recreation Trust Fund Project Agreement for Local Government Grants
PARTF Grant Agreement 2025-1145
Page 4 of 11
HC BOC 111225 ws Pg. 37
Grantee shall not be deemed a waiver of any subsequent default or breach and shall not be construed to be
modification of the terms of this Agreement unless stated to be such in writing, signed by an authorized
representative of the Department and the Grantee and attached to the Agreement.
6. Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from
performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil
insurrection, earthquake, hurricane, tornado, or other catastrophic natural event or act of God.
Section IV. General Terms
1. This Agreement is subject to the reporting requirements described in the Notice of Certain Reporting and Audit
Requirements (Attachment A).
2. The Grantee must ensure that grant funds dispersed under this Agreement are audited in compliance with
State and federal audit requirements for local governments and public authorities, institutions of higher
education, and nonprofit organizations, and, as applicable, according to the standards of the federal Single
Audit Act and Circular A-133 “Audits of States, Local Governments, and Nonprofit Organizations” as supplied
by the Executive Office of the President, Office of Management and Budget, Washington, DC.
3. No assignment of the Grantee's obligations or the Grantee's right to receive payment hereunder shall be
permitted. However, upon written request approved by the Department, the Department may:
a. Forward the Grantee's payment check(s) directly to any person or entity designated by the
Grantee, or
b. Include any person or entity designated by Grantee as a joint payee on the Grantee's payment
check(s). In no event shall such approval and action obligate the Department to anyone other than
the Grantee and the Grantee shall remain responsible for fulfillment of all Agreement obligations.
4. Except as otherwise provided herein, this Agreement shall inure to the benefit of and be binding upon the
Parties hereto and their respective successors. It is expressly understood and agreed that the enforcement of
the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be
strictly reserved to the Department and the named Grantee. Nothing contained in this document shall give or
allow any claim or right of action whatsoever by any other third person. It is the express intention of the
Department and Grantee that any such person or entity, other than the Department or the Grantee, receiving
services or benefits under this Agreement shall be deemed an incidental beneficiary only.
5. To the extent allowed by law, the Grantee shall hold and save the State, its officers, agents, and employees,
harmless from liability of any kind, including all claims and losses accruing or resulting to any other person,
firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the
performance of this Agreement, and from any and all claims and losses accruing or resulting to any person,
firm, or corporation that may be injured or damaged by the Grantee in the performance of this Agreement and
that are attributable to the negligence or intentionally tortious acts of the Grantee.
6. All notices permitted or required to be given by one party to the other and all questions about the Agreement
from one party to the other shall be addressed and delivered to the other party’s Contract Administrator. The
name, post office address, street address, telephone number, fax number, and email address of the Parties’
respective initial Contract Administrators are set out below. Either party may change the post office address,
street address, telephone number, fax number, or email address of its Contract Administrator by giving written
notice to the other party within thirty (30) calendar days of such change. The Grantee shall not substitute key
personnel assigned to the performance of this Agreement, as outlined below, without prior written approval
by the Department’s Contract Administrator.
N.C. Parks and Recreation Trust Fund Project Agreement for Local Government Grants
PARTF Grant Agreement 2025-1145
Page 5 of 11
HC BOC 111225 ws Pg. 38
Department Contract Administrator Grantee Contract Administrator
NC Department of Natural and Cultural Resources
Division of Parks and Recreation
Attention: Ms. Vonda Martin, Manager of Grants and
Outreach
1615 Mail Service Center
Raleigh, NC 27699-1615
Telephone 919-707-93338
Email: Vonda.Martin@ncparks.gov
Carl Davis
Director, Parks & Recreation
PO Box 816
Lillington, NC 27546
910-893-7518
cdavis@harnett.org
7. The Grantee agrees to comply with all applicable federal, state and local laws, ordinances, codes, rules,
regulations, and licensing requirements that are applicable to this Agreement and the conduct of its normal
operations, including, but not limited to, purchasing, construction, land acquisition, fiscal management, equal
employment opportunity, accessibility, and the environment.
8. The Grantee shall comply with all federal and State laws relating to equal employment opportunity. The
Grantee shall take affirmative action in complying with all Federal and State requirements concerning fair
employment and employment of people with disabilities, and concerning the treatment of all employees
without regard to discrimination by reason of race, color, religion, sex, national origin, or disability.
9. In accordance with Executive Order 24 (signed October 18, 2017), the Grantee agrees not to discriminate
against any person on the basis of race, color, ethnicity, national origin, age, disability, sex, pregnancy, religion,
National Guard or veteran status, sexual orientation, gender identity or expression in the use of any property
or facility acquired or developed pursuant to this Agreement.
10. Grantees shall have on file with the Department a copy of the Grantee's policy addressing conflicts of interest
that may arise involving the Grantee's management employees and the members of its governing body as set
forth in N.C.G.S. § 143C-6-23(b). The policy shall address situations in which any of these individuals may
directly or indirectly benefit, except as the Grantee's employees or members of its board or other governing
body, from the Grantee's disbursing of state funds and local matching funds and shall include actions to be
taken by the Grantee or the individual, or both to avoid conflicts of interest and the appearance of impropriety.
The policy shall be filed before the Department may disburse the grant funds, unless the Grantee is covered by
the provisions of N.C.G.S. 160A-479.11 and/ or 14-234. [N.C.G.S. 143C-6-23(b)(2007)]. Grantee shall at all times
comply with the Grantee’s conflict of interest policy.
11. The Grantee certifies that it:
a. Has neither used nor will use any appropriated funds for payment to lobbyists;
b. Will disclose the name, address, payment details, and purposes of any agreement with lobbyists
whom Grantee or its sub-tier contractor(s) or sub-grantee(s) will pay with profits or non-
appropriated funds on or after December 22, 1989; and,
c. Will file quarterly updates about the use of lobbyists if material changes occur in their use.
12. Except as otherwise provided herein or unless superseded by applicable federal or State statute of limitations,
all promises, indemnifications, requirements, terms conditions, provisions, representations, guarantees, and
warranties contained herein shall survive the Agreement expiration or termination date.
13. This Agreement may not be amended orally or by performance. Amendments shall be made in writing on a
form prepared by the Department and duly executed by an authorized representative of the Department and
the Grantee.
14. If any provisions of this Agreement are held to be invalid, illegal, or unenforceable, the remaining provisions
shall remain in full force and effect.
N.C. Parks and Recreation Trust Fund Project Agreement for Local Government Grants
PARTF Grant Agreement 2025-1145
Page 6 of 11
HC BOC 111225 ws Pg. 39
15. If eligible, the Grantee and all subrecipients shall: (a) ask the North Carolina Department of Revenue for a
refund of all sales and use taxes paid by them in the performance of this Agreement, pursuant to N.C.G.S. §
105-164.14; and (b) exclude all refundable sales and use taxes from all reportable expenditures before the
expenses are entered in their reimbursement reports.
16. Travel expenses shall not be reimbursed in the performance of this Agreement. If travel is necessary in the
performance of this Agreement, it shall be included in the approved project budget and narrative.
17. This Agreement and any documents incorporated specifically by reference represent the entire agreement
between the Parties and supersede all prior oral or written statements or agreements. This Agreement and
any addenda thereto, are incorporated herein by reference as though set forth verbatim. All promises,
requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein
shall survive the Agreement expiration or termination date unless specifically provided otherwise herein, or
unless superseded by applicable Federal or State statutes of limitation.
Section V. Attestation and Execution
N.C.G.S. §133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any State Employee of any gift from
anyone with a contract with the State, or from any person seeking to do business with the State. By execution of
any response in this Agreement, you (Grantee) attest, for your entire organization and its employees or agents, that
you are not aware that any such gift has been offered, accepted, or promised by any employees of your organization.
In witness whereof, the Department and the Grantee have executed this Agreement in duplicate originals, one of
which is retained by each of the parties.
[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK – SIGNATURE PAGES FOLLOWS]
N.C. Parks and Recreation Trust Fund Project Agreement for Local Government Grants
PARTF Grant Agreement 2025-1145
Page 7 of 11
HC BOC 111225 ws Pg. 40
Name of Grantee (Local Government) Signature of Grantee (Chief Elected Official)
Typed or Printed Name of Official Title of Official
Date
(Notary Public Completes)
State of North Carolina
County of
On this _________ day of _____________________, 20___, _________________________________________
personally appeared before me the said named ________________________________________, in their capacity
as ____________________________________ for Grantee, to me known and known to me to be the person
described in and who executed the foregoing instrument, and he (or she) acknowledged that he (or she) executed
the same and being duly sworn by me, made oath that the statements in the foregoing instrument are true.
My commission expires: __________________, 20______.
(Seal Here)
Signature of Notary Public
N.C. Parks and Recreation Trust Fund Project Agreement for Local Government Grants
PARTF Grant Agreement 2025-1145
Page 8 of 11
HC BOC 111225 ws Pg. 41
North Carolina Department of Natural and Cultural Resources
Pamela B. Cashwell, Secretary
By:
Director, NC Parks & Recreation
Department Head or
Authorized Agent
for Secretary Cashwell
Title Date
N.C. Parks and Recreation Trust Fund Project Agreement for Local Government Grants
PARTF Grant Agreement 2025-1145
Page 9 of 11
HC BOC 111225 ws Pg. 42
Attachment A
Notice of Certain Reporting and Audit Requirements
The Grantee shall comply with all rules and reporting requirements established by State statute or administrative
rules. For convenience, the requirements are set forth in this Attachment.
Reporting Thresholds.
There are two reporting levels established for grantees and subrecipients receiving State financial assistance.
Reporting levels are based on the level of State financial assistance from all funding sources. The reporting levels
are:
(1) Level I – A grantee or subrecipient that receives, holds, uses, or expends State financial assistance in an
amount less than one million dollars ($1,000,000) within its fiscal year.
(2)Level II - A grantee or subrecipient that receives, holds, uses, or expends State financial assistance in an
amount equal to or greater than one million dollars ($1,000,000) within its fiscal year.
Reporting requirements for grantees that meet the following reporting standards on an annual basis:
(1)All grantees and subrecipients shall provide a certification that State financial assistance received or,
held was used for the purposes for which it was awarded.
(2) All grantees and subrecipients shall provide an accounting of all State financial assistance received, held,
used, or expended.
(3)All grantees and subrecipients shall report on activities and accomplishments undertaken by the
Grantee, including reporting on any performance measures established in this Agreement.
(4) Level II grantees and subrecipients shall have a single or program-specific audit prepared and completed
in accordance with Generally Accepted Government Auditing Standards, also known as the Yellow Book.
All reports shall be filed with the Department in the format and method specified by the Department no later than
three (3) months following the end of the Grantee's fiscal year. Audits must be provided to the Department no later
than nine (9) months following the end of the Grantee's fiscal year. The Grantee shall use the reporting package
forms provided by the Department in making and submitting reports to the Department.
Unless prohibited by law, the costs of audits made in accordance with the provisions of this Agreement shall be
allowable charges to State and Federal awards. The charges may be considered a direct cost or an allocated indirect
cost, as determined in accordance with cost principles outlined in the Code of Federal Regulations, 2 CFR Part 200.
The cost of any audit not conducted in accordance with this Agreement shall not be charged to State awards.
Notwithstanding the provisions of this Agreement, a grantee may satisfy the reporting requirements of this
Agreement by submitting a copy of the report required under federal law with respect to the same funds.
N.C. Parks and Recreation Trust Fund Project Agreement for Local Government Grants
PARTF Grant Agreement 2025-1145
Page 10 of 11
HC BOC 111225 ws Pg. 43
Attachment B
Scope of Work
North Carolina Division of Parks and Recreation
Parks and Recreation Trust Fund – PARTF Grant Program for Local Governments
Grantee: Harnett County
Title of Project: Neill's Creek Park, Phase 1
Project Number: 2025-1145
Contract Number: 2025-1145
Amount of Grant: $500,000
Amount of Match: $864,780
Contact Person for Project: Carl Davis
Title: Director, Parks & Recreation
Address: PO Box 816, Lillington, NC 27546
Telephone: 910-893-7518
Contact email address: cdavis@harnett.org
Scope of Project: Development includes Playground + Surfacing, Walking Path (2000 SY), Restroom, Picnic Shelter,
Parking + Drive Improvements, Site Preparation, Utilities, Landscaping, Site furnishings, Signage, Planning Costs,
and Contingency
Length of Project: 11/1/2025 through 10/31/2028
Schedule for Reimbursements: Grantee may submit bills quarterly after a significant portion of work has been
completed on the project element(s). Not more than 90% of the grant will be reimbursed until the grantee
completes the project elements specified in the grant (refer to detailed budget submitted with grant application).
The Harnett County grant application and support documentation are, by reference, part of the Agreement. The
administrative rules of the N.C. Parks and Recreation Trust Fund are, by reference, a part of the Agreement.
N.C. Parks and Recreation Trust Fund Project Agreement for Local Government Grants
PARTF Grant Agreement 2025-1145
Page 11 of 11
HC BOC 111225 ws Pg. 44
A:\Clerk to the Board docs\AGENDAS\2025\111225 ws\10.1 Neills Creek LWCF Acceptance agenda memo.docx
Page 1 of 2
Board Meeting
Agenda Item
MEETING DATE: November 17, 2025
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Land and Water Conservation Fund Grant Acceptance (Neills Creek Park,
Phase 1)
REQUESTED BY: Carl Davis, Parks and Recreation Director
REQUEST:
Parks and Recreation requests acceptance of Land and Water Conservation Fund
grant funding for the construction of Phase 1 outlined in the Neills Creek Park Master
Plan (adopted in March 2024). Phase 1 will include playground, picnic shelter,
restrooms, walking trail, and additional infrastructure for Phase 1 and future phases.
The awarded grant is $500,000 and requires a dollar for dollar match from the County.
The County currently has $739,400 allocated in the CIP for this project and a $500,000
grant from the Parks and Recreation Trust Fund has also been awarded for this
project.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
HC BOC 111225 ws Pg. 45
Item 10
A:\Clerk to the Board docs\AGENDAS\2025\111225 ws\10.1 Neills Creek LWCF Acceptance agenda memo.docx
Page 2 of 2
HC BOC 111225 ws Pg. 46
Division of Parks and Recreation
NC Department of Natural and Cultural Resources
Governor Josh Stein Secretary Pamela B. Cashwell
Brian L. Strong, Director
NC Division of Parks and Recreation
1615 MSC - Raleigh, NC 27699-1615
919.707.9300 / ncparks.gov
Carl Davis
Director, Parks and Recreation
Harnett County
455 McKinney Parkway
Lillington, NC 27546
Re: 37-01104 Neill’s Creek Park Ph I LWCF Award
Dear Carl:
Harnett County has received a grant from the Land and Water Conservation Fund (LWCF) for
the Neill’s Creek Park Ph I project in the amount of $500,000 with a local match of $500,000. I
am writing to you as the project’s contact person to provide information about administering the
grant.
The first step is to execute a contract between Harnett County and the N.C. Department of
Natural and Cultural Resources (DNCR). Attached is a copy of the contract. Please have your
chief elected official sign and return TWO copies to me at the address below within 45 days. A
representative of DNCR will then sign the contracts and return a copy of the executed contract.
Please do not begin work on the LWCF project until you receive the signed contract and the
project period has begun.
LWCF grants are paid on a reimbursement basis. The grantee must first spend its own funds on
the project and then be reimbursed. In addition, a series of progress inspections for your project
will be conducted by your regional consultant.
Your local government may have received additional funds from other sources for this project. If
LWCF funds are no longer needed, please notify me to withdraw this grant.
Sincerely,
Vonda Martin
Manager, Grants and Outreach Program
Enclosures
cc: Terri Stowers, Recreation Resources Service Regional Consultant
aocusign bnvelope faW 1OOabcPO-M7b7-47c8-BROb-8PCVcOSMSMRM
1MLO4LOMOR
HC BOC 111225 ws Pg. 47
(Subject to the availability of funds and satisfactory progress of the project):
a. DEDUCTION
b. ADDITIONAL COSTS
c. MATCHING
d. OTHER RESEARCH (Add / Deduct Option)
e. OTHER (See REMARKS)
c. This award notice including terms and conditions, if any, noted below under REMARKS.
d. Federal administrative requirements, cost principles and audit requirements applicable to this grant.
In the event there are conflicting or otherwise inconsistent policies applicable to the grant, the above order of precedence shall
prevail. Acceptance of the grant terms and conditions is acknowledged by the grantee when funds are drawn or otherwise
obtained from the grant payment system.
REMARKS (Other Terms and Conditions Attached - Yes No)
d. AMOUNT OF FINANCIAL ASSISTANCE THIS ACTION
c. Less Cumulative Prior Award(s) This Budget Period
a. d.
b. e.
c. f.
13. Total Federal Funds Awarded to Date for Project Period
14. RECOMMENDED FUTURE SUPPORT
Salaries and Wages
Fringe Benefits ……………….................$
TOTAL DIRECT COSTS
INDIRECT COSTS
TOTAL APPROVED BUDGET
Federal Share
Non-Federal Share
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
FINANCIAL ACCT
17. VENDOR CODE
AMT OF FIN ASST START DATE
18b. DUNS
END DATE
19. CONG. DIST.
TAS ACCT
.…...….…..$
…………………………...$
…………………………...$
…………………………...$
…………………………...$
…………………………...$
…………………….……..$
m.
n.
m)
YEAR TOTAL DIRECT COSTS YEAR TOTAL DIRECT COSTS
ALL AMOUNTS ARE SHOWN IN USD
II Total project costs including grant funds and all other financial participation b. Less Unobligated Balance From Prior Budget Periods
11. APPROVED BUDGET (Excludes Direct Assistance)12. AWARD COMPUTATION
I Financial Assistance from the Federal Awarding Agency Only a. Amount of Federal Financial Assistance (from item 11
ALTERNATIVES:
15. PROGRAM INCOME SHALL BE USED IN ACCORD WITH ONE OF THE FOLLOWING
ON THE ABOVE TITLED PROJECT AND IS SUBJECT TO THE TERMS AND CONDITIONS INCORPORATED EITHER DIRECTLY
OR BY REFERENCE IN THE FOLLOWING:
16. THIS AWARD IS BASED ON AN APPLICATION SUBMITTED TO, AND AS APPROVED BY, THE FEDERAL AWARDING AGENCY
a. The grant program legislation.
b. The grant program regulations.
10b. FEDERAL PROJECT OFFICER10a. GRANTEE AUTHORIZING OFFICIAL
NOTICE OF AWARD 1a. SUPERSEDES AWARD NOTICE dated
Originating MCA #
AUTHORIZATION (Legislation/Regulations)
4. GRANT NO.
5a.ACTION TYPE
6. PROJECT PERIOD
7. BUDGET PERIOD
9a. GRANTEE NAME AND ADDRESS 9b. GRANTEE PROJECT DIRECTOR
MM/DD/YYYY
MM/DD/YYYY MM/DD/YYYY
MM/DD/YYYY MM/DD/YYYY
1. DATE ISSUED
2. ASSISTANCE LISTING NUMBER
3. ASSISTANCE TYPE
8.
From Through
From Through
4a. FAIN
5. TYPE OF AWARD
except that any additions or restrictions previously imposed
remain in effect unless specifically rescinded
……………….................$
Total Personnel Costs
Equipment
Supplies
Travel
Construction
Other
Contractual
TITLE OF PROJECT (OR PROGRAM)
LINE#PO LINE DESCRIPTION
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
18a. UEI
54 U.S.C. § 200305 Land and Water Conservation Fund, Assistance to
States
08/20/2025
10/01/2025 09/30/2028
10/01/2025 09/30/2028
Neill's Creek Park Ph I
0.00
0.00
0.00
0.00
0.00
0.00
306,500.00
0.00
1,000,000.00
0.00
1,000,000.00
500,000.00
500,000.00
0.00
0.00
2
3
4
e
No program income.
II
15.916 - Outdoor Recreation Acquisition, Development and Planning
Ms. Vonda Martin
1615 Mail Service Center
Raleigh, NC, 27699-1615
Phone: 3363999651
North Carolina Department of Natural and Cultural Resources
109 E Jones St
Raleigh, NC, 27601-1023
Ms. Vonda Martin
1615 Mail Service Center
Raleigh, NC, 27699-1615
Phone: 3363999651
Mr. Raymond Grice
1849 C St NW
Main Interior Building National Park Service
Washington, DC, 20240-0001
Phone: 404-507-5789
500,000.00
028097848950071309724
Project Grant
693,500.00
500,000.00
6
7
Matthew Russell, N/A
1849 C St NW
Main Interior Building National Park Service
Washington, DC, 20240-0001
Phone: 2027944311
GRANTS MANAGEMENT OFFICIAL:
5
500,000.00
P25AP01570-00
P25AP01570 New
Other
1 0054008763-00010 $500,000.00 10/01/2025 09/30/2028 5035 23GW NEILL'S CREEK PHASE 1
MFEHMF7KVJF5
HC BOC 111225 ws Pg. 48
Federal Financial Report Cycle
Reporting Period Start Date Reporting Period End Date Reporting Type Reporting Period Due Date
10/01/2025 09/30/2026 Annual 12/29/2026
10/01/2026 09/30/2027 Annual 12/29/2027
10/01/2027 09/30/2028 Final 01/28/2029
Performance Progress Report Cycle
Reporting Period Start Date Reporting Period End Date Reporting Type Reporting Period Due Date
10/01/2025 09/30/2026 Annual 12/29/2026
10/01/2026 09/30/2027 Annual 12/29/2027
10/01/2027 09/30/2028 Final 01/28/2029
2 of
08/20/2025
P25AP01570-00
2
PAGE DATE ISSUED
GRANT NO.
NOTICE OF AWARD (Continuation Sheet)
2
HC BOC 111225 ws Pg. 49
AWARD ATTACHMENTS
North Carolina Department of Natural and Cultural Resources P25AP01570-00
12 GA1.
08 Detailed Budget2.
HC BOC 111225 ws Pg. 50
Grant Agreement P25AP01570/ 37-01104
Page 1 of 27
FAMD-1443-005-2025-03
Grant Agreement
Between
THE UNITED STATES DEPARTMENT OF THE INTERIOR
NATIONAL PARK SERVICE
AND
NORTH CAROLINA DEPARTMENT OF NATURAL AND CULTURAL RESOURCES
Table of Contents
I. LEGAL AUTHORITY .......................................................................................................... 2
II. PERFORMANCE GOALS AND PROJECT OBJECTIVES ............................................... 2
III. PUBLIC PURPOSE ............................................................................................................... 2
IV. STATEMENT OF WORK .................................................................................................... 2
V. RESPONSIBILITIES OF THE PARTIES ............................................................................ 2
VI. COST SHARE REQUIREMENT.......................................................................................... 3
VII. PRE-AWARD COSTS .......................................................................................................... 3
VIII. AWARD AND PAYMENT .................................................................................................. 3
IX. REPORTS AND/OR OUTPUTS/OUTCOMES ................................................................... 5
X. DETERMINATION OF RISK .............................................................................................. 5
XI. AWARD SPECIFIC TERMS AND CONDITIONS ............................................................. 5
XII. STANDARD TERMS AND CONDITIONS ...................................................................... 12
HC BOC 111225 ws Pg. 51
Grant Agreement P25AP01570/ 37-01104
Page 2 of 27
FAMD-1443-005-2025-03
I. LEGAL AUTHORITY
Agreement Number P25AP01104 was entered into by and between the Department of the
Interior, National Park Service, (NPS), and North Carolina Department of Natural and Cultural
Resources (hereafter referred to as ‘Recipient’) pursuant to:
Land and Water Conservation Fund (LWCF) Act of 1965, as amended (P.L. 88-578; currently
codified at 54 U.S.C. § 200301 et seq.)
II. PERFORMANCE GOALS AND PROJECT OBJECTIVES
A. Performance Goal – LWCF financial assistance is provided to ensure that a sufficient
quality and/or quantity of outdoor recreation resources are available to serve the present
and future outdoor recreation demands and needs of the general public.
B. Project Objectives – This outdoor recreation grant will enhance community well-being by
contributing to the maximization of recreational investments, expansion of opportunities,
and provision of safe and accessible spaces.
III. PUBLIC PURPOSE
The purposes of the LWCF Act are to assist in preserving, developing, and assuring accessibility
to all citizens of the United States of present and future generations, and visitors who are
lawfully present within the boundaries of the United States, such quality and quantity of outdoor
recreation resources as may be available and are necessary and desirable for individual active
participation in such recreation; and to strengthen the health and vitality of U.S. citizens. These
purposes are accomplished in part by providing funds for and authorizing Federal financial
assistance to States (and through States to local units of government) to plan for, acquire, and
develop needed land and water areas and facilities for outdoor recreation.
IV. STATEMENT OF WORK
The recipient, North Carolina Department of Natural and Cultural Resources, will pass through a
subaward/subgrant to the subrecipient, County of Harnett, to improve Neill’s Creek Park. This
project will: install new playground, walkways, a picnic shelter, restroom, parking, entrance
road, storm drainage, water and suage service, landscaping, general site improvements, and
signage.
V. RESPONSIBILITIES OF THE PARTIES
A. The Recipient agrees to:
1. The Recipient shall carry out the Statement of Work in accordance with the terms and
conditions stated herein. The Recipient shall adhere to Federal, state, and local laws,
regulations, and codes, as applicable.
HC BOC 111225 ws Pg. 52
Grant Agreement P25AP01570/ 37-01104
Page 3 of 27
FAMD-1443-005-2025-03
2. Comply with the policies and procedures set forth in the LWCF Federal Financial
Assistance Manual (v. 72.1, April 2025).
3. Recipients that issue subawards/subgrants are responsible for ensuring
subaward/subgrant compliance with the requirements of 2 CFR 200. The Recipient
must provide a list of selected subawardees/subgrantees and associated budgets to the
NPS for review prior to making subawards/subgrants.
4. Recipients must select qualified subcontractors and submit documentation to the NPS
showing competitive selection or justification for single source procurement in
accordance with 2 CFR 200.318 – 200.327.
B. Substantial involvement is defined as significant NPS participation prior to and during
the performance of a financial assistance agreement. For grants, substantial involvement
is neither expected nor required. No substantial involvement on the part of the NPS is
anticipated for the successful completion of the statement of work detailed in this award.
It is anticipated that involvement will be limited to actions related to monitoring project
performance, technical assistance at the request of the recipient.
VI. COST SHARE REQUIREMENT
Non-Federal cost-share is required by statutory authority for costs incurred under this
Agreement. Cost share must be provided in specified amounts as identified in the attached
project budget.
VII. PRE-AWARD COSTS
The Recipient is not authorized to incur pre-award costs.
VIII. AWARD AND PAYMENT
A. NPS will provide funding to the Recipient in an amount not to exceed $500,000.00 in
accordance with the NPS approved budget. The approved budget detail is incorporated
herein. Any award beyond the current fiscal year is subject to availability of funds.
Acceptance of a Federal financial assistance award from the Department of the Interior
carries with it the responsibility to be aware of, and comply with, the terms and
conditions within this award document. Acceptance is defined as the start of work,
drawing down funds, or accepting the award via electronic means.
B. Recipient shall request payment as applicable in accordance with the following:
1. Method of Payment. Payment will be made by advance and/or reimbursement
through the Department of Treasury’s Automated Standard Application for Payments
(ASAP) system.
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2. Requesting Advances. Requests for advances must be submitted via the ASAP
system. Requests may be submitted as frequently as required to meet the needs of the
Financial Assistance (FA) Recipient to disburse funds for the Federal share of project
costs. If feasible, each request should be timed so that payment is received on the
same day that the funds are dispersed for direct project costs and/or the proportionate
share of any allowable indirect costs. If same–day transfers are not feasible, advance
payments must be as close to actual disbursements as administratively feasible.
3. Requesting Reimbursement. Requests for reimbursements must be submitted via
the ASAP system. Requests for reimbursement should coincide with normal billing
patterns. Each request must be limited to the amount of disbursements made for the
Federal share of direct project costs and the proportionate share of allowable indirect
costs incurred during that billing period.
4. Adjusting Payment Requests for Available Cash. Funds that are available from
repayments to, and interest earned on, a revolving fund, program income, rebates,
refunds, contract settlements, audit recoveries, credits, discounts, and interest earned
on any of those funds must be disbursed before requesting additional cash payments.
5. Bank Accounts. All payments are made through electronic funds transfer to the bank
account identified in the ASAP system by the FA Recipient.
6. Supporting Documents and Agency Approval of Payments. Additional supporting
documentation and prior NPS approval of payments may be required. If prior Agency
payment approval is in effect for an award, the ASAP system will notify the FA
Recipient when they submit a request for payment. The Recipient must then notify
the NPS Financial Assistance Awarding Officer that a payment request has been
submitted. The NPS Awarding Officer (AO) may request additional information from
the Recipient to support the payment request prior to approving the release of funds,
as deemed necessary. The FA Recipient is required to comply with these requests.
Supporting documents may include invoices, copies of contracts, vendor quotes, and
other expenditure explanations that justify the reimbursement requests.
C. Any award beyond the current fiscal year is subject to availability of funds; funds may be
provided in subsequent fiscal years if project work is satisfactory, and funding is
available.
D. Unless authorized by provision VII, expenses charged against awards under the
Agreement may not be incurred prior to the beginning of the Agreement and may be
incurred only as necessary to carry out the approved objectives, scope of work and
budget with prior approval from the NPS AO in alignment with CFR 200.407. The
Recipient shall not incur costs or obligate funds for any purpose pertaining to the
operation of the project, program, or activities beyond the expiration date stipulated in the
award.
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E. Any non–Federal share, whether in cash or in–kind, is expected to be paid out at the same
general rate as the Federal share. Exceptions to this requirement may be granted by the
AO based on sufficient documentation demonstrating previously determined plans for or
later commitment of cash or in–kind contributions. In any case, the Recipient must meet
their cost share commitment over the life of the award.
IX. REPORTS AND/OR OUTPUTS/OUTCOMES
A. Refer to the second page of the Notice of Award document for FFR frequency and due
dates. Performance reports are also required at the same reporting frequency and due
dates as the FFR. Reports must be submitted through the Grant Solutions “Manage
Reports” functionality.
B. A final Performance Report and a final FFR will be due 120 days after the end-date of the
Term of Agreement. If the recipient does not submit the final report before the required
due date, NPS is required to submit a finding of non-compliance to SAM.gov. Each
report shall be submitted as described above.
C. The Secretary of the Interior and the Comptroller General of the United States, or their
duly authorized representatives, will have access, for the purpose of financial or
programmatic review and examination, to any books, documents, papers, and records that
are pertinent to the Agreement at all reasonable times during the period of retention in
accordance with 2 CFR 200.334 Retention Requirements for Records.
X. DETERMINATION OF RISK
In accordance with 2 C.F.R. § 200.205, the application for this award was subjected to a pre-
award risk assessment which included a review of information contained within the application,
past audits, responsibility and qualification data from SAM.gov, and/or past performance on
previous Federal financial assistance awards and other factors. For Master Cooperative
Agreements, determination of risk will be defined at the task agreement as applicable.
XI. AWARD SPECIFIC TERMS AND CONDITIONS
Part I – Definitions
A. The term "NPS" as used herein means the National Park Service, United States Department
of the Interior (DOI).
B. The term "Director" as used herein means the Director of the National Park Service, or any
representative lawfully delegated the authority to act for such Director.
C. The term "Secretary" as used herein means the Secretary of the Interior, or any representative
lawfully delegated the authority to act for such Secretary.
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D. The term "State" as used herein means the State, Territory, or District of Columbia that is a
party to the grant agreement to which these general provisions are attached, and, when
applicable, the political subdivision or other public agency to which funds are to be
subawarded pursuant to this agreement. Wherever a term, condition, obligation, or
requirement refers to the State, such term, condition, obligation, or requirement shall also
apply to the political subdivision or public agency, except where it is clear from the nature of
the term, condition, obligation, or requirement that it applies solely to the State. For
purposes of these provisions, the terms "State," "grantee," and "recipient" are deemed
synonymous.
E. The term “Land and Water Conservation Fund” or “LWCF” as used herein means the
Financial Assistance to States section of the LWCF Act (Public Law 88-578, 78 Stat
897, codified at 54 U.S.C. § 2003), which is administered by the NPS.
F. The term "Manual" as used herein means the Land and Water Conservation Fund State
Assistance Program Manual, Volume 72 (October 1, 2023).
G. The term "project" as used herein refers to an LWCF grant, which is subject to the grant
agreement and/or its subsequent amendments.
Part II - Continuing Assurances
The parties to the grant agreement specifically recognize that accepting LWCF assistance for the
project creates an obligation to maintain the property described in the agreement and supporting
application documentation consistent with the LWCF Act and the following requirements.
Further, it is the acknowledged intent of the parties hereto that recipients of LWCF assistance
will use the monies granted hereunder for the purposes of this program, and that assistance
granted from the LWCF will result in a net increase, commensurate at least with the Federal
cost-share, in a participant's outdoor recreation.
It is intended by both parties hereto that the LWCF assistance will be added to, rather than
replace or be substituted for, the State and/or local outdoor recreation funds.
A. The State agrees, as the recipient of the LWCF assistance, that it will meet these LWCF
General Provisions, and the terms and provisions as contained or referenced in, or attached
to, the NPS grant agreement and that it will further impose these terms and provisions upon
any political subdivision or public agency to which funds are subawarded pursuant to the
grant agreement. The State also agrees that it shall be responsible for compliance with the
terms and provisions of the agreement by such a political subdivision or public agency and
that failure by such political subdivision or public agency to so comply shall be deemed a
failure by the State to comply.
B. The State agrees that the property described in the grant agreement and depicted on the
signed and dated project boundary map made part of that agreement is being acquired or
developed with LWCF assistance, or is integral to such acquisition or development, and that,
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without the approval of the Secretary, it shall not be converted to other than public outdoor
recreation use but shall be maintained in public outdoor recreation in perpetuity or for the
term of the lease in the case of property leased from a federal agency. The Secretary shall
approve such a conversion only if it is found to be in accord with the then existing statewide
comprehensive outdoor recreation plan and only upon such conditions deemed necessary to
assure the substitution of other recreation properties of at least equal fair market value and of
reasonably equivalent usefulness and location (54 U.S.C. 200305(f)(3)). The LWCF post-
completion compliance regulations at 36 C.F.R. Part 59 provide further requirements. The
replacement land then becomes subject to LWCF protection. The approval of a conversion
shall be at the sole discretion of the Secretary, or her/his designee.
Prior to the completion of this project, the State and the Director may mutually agree to alter
the area described in the grant agreement and depicted in the signed and dated project
boundary map to provide the most satisfactory public outdoor recreation unit, except that
acquired parcels are afforded LWCF protection as soon as reimbursement is provided.
In the event the NPS provides LWCF assistance for the acquisition and/or development of
property with full knowledge that the project is subject to reversionary rights and outstanding
interests, conversion of said property to other than public outdoor recreation use as a result of
such right or interest being exercised will occur. In receipt of this approval, the State agrees
to notify the NPS of the potential conversion as soon as possible and to seek approval of
replacement property in accord with the conditions set forth in these provisions and the
program regulations. The provisions of this paragraph are also applicable to: leased
properties developed with LWCF assistance where such lease is terminated prior to its full
term due to the existence of provisions in such lease known and agreed to by the NPS; and
properties subject to other outstanding rights and interests that may result in a conversion
when known and agreed to by the NPS.
C. The State agrees that the benefit to be derived by the United States from the full compliance
by the State with the terms of this agreement is the preservation, protection, and the net
increase in the quality and quantity of public outdoor recreation facilities and resources that
are available to the people of the State and of the United States, and such benefit exceeds to
an immeasurable and unascertainable extent the amount of money furnished by the United
States by way of assistance under the terms of this agreement. The State agrees that payment
by the State to the United States of an amount equal to the amount of assistance extended
under this agreement by the United States would be inadequate compensation to the United
States for any breach by the State of this agreement.
The State further agrees, therefore, that the appropriate remedy in the event of a breach by
the State of this agreement shall be the specific performance of this agreement or the
submission and approval of a conversion request as described in Part II.B above.
D. The State agrees that the property and facilities described in the grant agreement shall be
operated and maintained as prescribed by regulations found in 36 C.F.R Part 59.
E. The State agrees that a notice of the grant agreement shall be recorded in the public property
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records (e.g., registry of deeds or similar) of the jurisdiction in which the property is located,
to the effect that the property described and shown in the scope of the grant agreement and
the signed and dated project boundary map made part of that agreement, has been acquired or
developed with LWCF assistance and that it cannot be converted to other than public outdoor
recreation use without the written approval of the Secretary as described in Part II.B above.
F. Nondiscrimination
1. By signing the LWCF agreement, the State certifies that it will comply with all Federal
laws relating to nondiscrimination as outlined in Section V of the Department of the
Interior Standard Award Terms and Conditions.
2. The State shall not discriminate against any person on the basis of residence, except to
the extent that reasonable differences in admission or other fees may be maintained on
the basis of residence, as set forth in 54 U.S.C. § 200305(i) and the Manual.
Part III - Project Assurances
A. Project Application
1. The Application for Federal Assistance bearing the same project number as the Grant
Agreement and associated documents is by this reference made a part of the agreement.
2. The State possesses legal authority to apply for the grant, and to finance and construct the
proposed facilities. A resolution, motion, or similar action has been duly adopted or
passed authorizing the filing of the application, including all understandings and
assurances contained herein, and directing and authorizing the person identified as the
official representative of the State to act in connection with the application and to provide
such additional information as may be required.
3. The State has the capability to finance the non-Federal share of the costs for the project.
Sufficient funds will be available to assure effective operation and maintenance of the
facilities acquired or developed by the project.
B. Project Execution
1. The State shall transfer to the project sponsor identified in the Application for Federal
Assistance all funds granted hereunder except those reimbursed to the State to cover
eligible expenses derived from a current approved negotiated indirect cost rate
agreement.
2. The State shall secure completion of the work in accordance with approved construction
plans and specifications, and shall secure compliance with all applicable Federal, State,
and local laws and regulations.
3. The State will provide for and maintain competent and adequate architectural/engineering
supervision and inspection at the construction site to ensure that the completed work
conforms with the approved plans and specifications; and that it will furnish progress
reports and such other information as the NPS may require.
4. In the event the project cannot be completed in accordance with the plans and
specifications for the project, the State shall bring the project to a point of recreational
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usefulness agreed upon by the State and the Director or her/his designee in accord with
Section III.C below.
5. As referenced in the DOI Standard Terms and Conditions, the State will ensure the
project’s compliance with applicable federal laws and their implementing regulations,
including: the Architectural Barriers Act of 1968 (P.L. 90-480) and DOI’s Section 504
Regulations (43 CFR Part 17); the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 (P.L. 91-646) and applicable regulations; and the Flood
Disaster Protection Act of 1973 (P.L. 93-234).
6. The State will comply with the provisions of: Executive Order (EO) 11988, relating to
evaluation of flood hazards; EO 11288, relating to the prevention, control, and abatement
or water pollution, and EO 11990 relating to the protection of wetlands.
7. The State will assist the NPS in its compliance with Section 106 of the National Historic
Preservation Act of 1966 (54 U.S.C. § 306108) and the Advisory Council on Historic
Preservation regulations (36 C.F.R. Part 800) by adhering to procedural requirements
while considering the effect of this grant award on historic properties. The Act requires
federal agencies to take into account the effects of their undertaking (grant award) on
historic properties by following the process outlined in regulations. That process includes
(1) initiating the process through consultation with the State Historic Preservation Officer
and others on the undertaking, as necessary, by (2) identifying historic properties listed
on or eligible for inclusion on the National Register of Historic Places that are subject to
effects by the undertaking, and notifying the NPS of the existence of any such properties,
by (3) assessing the effects of the undertaking upon such properties, if present, and by (4)
resolving adverse effects through consultation and documentation according to 36 C.F.R.
§800.11. If an unanticipated discovery is made during implementation of the undertaking,
the State in coordination with NPS shall consult per provisions of 36 C.F.R. §800.13.
8. The State will assist the NPS in its compliance with the National Environmental Policy
Act of 1969, as amended (42 U.S.C. §4321 et seq) and the CEQ regulations (40 C.F.R.
§1500-1508), by adhering to procedural requirements while considering the
consequences of this project on the human environment. This Act requires Federal
agencies to take into account the reasonably foreseeable environmental consequences of
all grant-supported activities. Grantees are required to provide the NPS with a description
of any foreseeable impacts to the environment from grant-supported activities or
demonstrate that no impacts will occur through documentation provided to the NPS. The
applicant must submit an Application & Revision Form in order to assist the NPS in
determining the appropriate NEPA pathway when grant-assisted development and other
ground disturbing activities are expected. If a Categorical Exclusion (CE) is the
appropriate NEPA pathway, the NPS will confirm which CE, according to NPS
Director's Order 12, applies.
Part IV – Award Specific Conditions
A. National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of
1969, Pub. L. No. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq.) (NEPA),
related regulatory requirements including the Council on Environmental Quality (CEQ)
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Regulations for Implementing the Procedural Provisions of NEPA 40 CFR Parts 1500-1508,
and the DOI's NEPA-implementing regulations (43 CFR Part 46), DOI policy and procedures
for implementing NEPA (Departmental Manual Series 31, Part 516, Chapter 12), NPS
Director's Order #12, “Conservation Planning, Environmental Impact Analysis, and Decision
Making.” and National Park Service NEPA Handbook (2015), and NPS LWCF Program-
specific policies and procedures.
B. NEPA Clearance
1. No NEPA clearance with cost and work restriction(s):
Based on all information provided by the recipient, the NPS does not yet have sufficient
information to make a NEPA determination.
Notwithstanding the obligation of funds shown on the Grant Agreement, the parties
hereby agree that the availability of funds to the recipient for payment of costs incurred
by the recipient is conditioned upon them being applied only to achieving a final NEPA
determination. The recipient is prohibited from expending federal funds unless they are
directly related to, and in support of, compliance with NEPA. No funds for other
activities, therefore, shall be made available to the recipient for payment, and the NPS
does not guarantee or assume any obligation to reimburse costs incurred by the recipient
prior to written authorization from the Financial Assistance Awarding Officer.
The recipient is thereby authorized to use federal funds for the defined project activities,
subject to the recipient’s compliance with the restrictions stated below and except where
such activity is subject to a restriction set forth elsewhere in this award.
The recipient is authorized to proceed with the following phases and/or tasks as
referenced in the Statement of Work (SOW) approved by the Financial Assistance
Awarding Officer (FAAO), except where such activity is subject to a restriction set forth
elsewhere in this award:
• Planning and design activities.
This authorization is specific to the project activities and locations as described in the
SOW approved by the Financial Assistance Awarding Officer (FAAO) and the NPS
LWCF NEPA Determination.
The NPS has not authorized the recipient to incur the following costs or begin the
following phases and/or tasks:
o Construction and landscaping (including site clearing)
Should the recipient elect to undertake activities or change locations prior to written
authorization from the Financial Assistance Awarding Officer (FAAO), the recipient
does so at risk of not receiving federal funding and such costs may not be recognized as
allowable cost share.
Questions about the permissibility of federal cost sharing on activities prior to the NPS'
issuance of a final NEPA determination shall be directed to the Federal Project Officer
and the FAAO. The recipient must receive written approval from the FAAO before
incurring costs for federal cost sharing. After receiving approval from the FAAO, if the
recipient chooses to incur costs eligible for federal cost sharing for the approved
activities, the recipient agrees to abide by the conditions, limitations, mitigation
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measures, monitoring requirements, and reporting responsibilities specified in writing
from the FAAO. The recipient also agrees to undertake these activities in accordance
with necessary landowner approvals, required permits, and any additional approvals and
mitigation requirements of other federal, state and local governmental agencies with
jurisdiction by law.
C. Other Award Specific Conditions
N/A
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XII. STANDARD TERMS AND CONDITIONS
1. DEPARTMENT OF INTERIOR STANDARD TERMS AND CONDITIONS, 2 CFR
200, 2 CFR 1402
Recipients must comply with all applicable federal statutes, regulations, executive orders
(EOs), Office of Management and Budget (OMB) circulars. Any inconsistency or
conflict in Standard Terms and Conditions, Program-Specific Terms and Conditions, and
any Special Award Conditions of this Award will be resolved according to the following
order of precedence: federal laws, Executive Orders, federal regulations, applicable
notices published in the Federal Register, OMB circulars, NPS Standard Terms and
Conditions, Program-Specific Terms and Conditions, and any Special Award Conditions.
DOI terms and regulatory requirements located at:
•https://www.doi.gov/grants/doi-standard-terms-and-conditions
•eCFR :: 2 CFR Part 200 -- Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards
•eCFR :: 2 CFR Part 1402 -- Financial Assistance Interior Regulation,
Supplementing the Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards
2. APPROVED INDIRECT RATE
Indirect costs must be charged consistently in accordance with the approved project
budget, which is incorporated into this award as an attachment. In the case of a
Master Cooperative agreement, indirect costs will be incorporated at the Task
Agreement level. If the recipient has a Federally approved indirect rate, it is the
responsibility of the Recipient to work with their cognizant agency in a timely
manner to avoid the expiration of the Federally negotiated rate. If the Recipient has
never had a Federally approved negotiated indirect rate, they may utilize a 15%
minimus rate per 2 CFR 200.414. If the Federally negotiated rate changes during the
period of performance, the newly approved rate must be implemented.
3. RESERVED
4. KEY OFFICIALS
A. Communications - The recipient shall address any communication regarding this
Agreement to the ATR/Program Officer with a copy to the Awarding/Grants
Management Officer. Communications that relate solely to technical matters may be
sent only to the ATR/Program Officer.
B. Changes in Key Officials - Recipient may not make any permanent change in a key
official without written notice to the other party reasonably in advance of the
proposed change. The notice will include a justification with sufficient detail to
permit evaluation of the impact of such a change on the scope of work specified
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within this Agreement. Any permanent change in key officials will be made only by
Agency Approval.
5. PRIOR APPROVAL
The Recipient shall obtain prior approval for budget and program revisions, in
accordance with 2 CFR 200.308.
6. PROPERTY UTILIZATION
All tools, equipment, and facilities furnished by NPS will be on a loan basis. Tools,
equipment, and facilities will be returned in the same condition received except for
normal wear and tear in project use. Property management standards set forth in 2 CFR
200.310 through 200.316 apply to this Agreement. All provided items must be
consistently tracked and accounted for by the recipient and NPS both when provided to
the recipient and upon return.
7. MODIFICATION, REMEDIES FOR NONCOMPLIANCE, TERMINATION
A. This Agreement may be modified at any time, prior to the expiration date, only by
agreement executed by both parties. Modifications will be in writing and approved by
the Financial Assistance Awarding Officer and the authorized representative of
Recipient.
B. Additional conditions may be imposed by NPS if it is determined that the Recipient is
non–compliant to the terms and conditions of this agreement. Remedies for
Noncompliance can be found in 2 CFR 200.339.
C. This Agreement may be terminated consistent with applicable termination provisions
for Agreements found in 2 CFR 200.340 through 200.343.
8. REPORTING OF MATTERS RELATED TO RECIPIENT INTEGRITY AND
PERFORMANCE
A. General Reporting Requirement
i. If the total value of your currently active grants, cooperative agreements, and
procurement contracts from all Federal agencies exceeds $10,000,000 for any
period of time during the period of performance of this Federal award, then you,
as the recipient, during that period of time must maintain the currency of
information reported to the System for Award Management (SAM) that is made
available in the designated integrity and performance system about civil, criminal,
or administrative proceedings described in paragraph 2 of this award term and
condition. This is a statutory requirement under section 872 of Public Law 110-
417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law
111-212, all information posted in the designated integrity and performance
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system on or after April 15, 2011, except past performance reviews required for
Federal procurement contracts, will be publicly available.
B. Proceedings You Must Report
i. Submit the information required about each proceeding that:
ii. Is in connection with the award or performance of a grant, cooperative agreement,
or procurement contract from the Federal Government.
iii. Reached its final disposition during the most recent five-year period; and
iv. Is one of the following:
a) A criminal proceeding that resulted in a conviction, as defined in paragraph 5
of this award term and condition; or
b) A civil proceeding that resulted in a finding of fault and liability and payment
of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000
or more; or
c) An administrative proceeding, as defined in paragraph 5 of this award term
and condition, that resulted in a finding of fault and liability and payment of
either a monetary fine or penalty of $5,000 or more; or reimbursement,
restitution, or damages more than $100,000; or
d) Any other criminal, civil, or administrative proceeding if:
1. It could have led to an outcome described the award terms and conditions.
2. It had a different disposition arrived at by consent or compromise with an
acknowledgment of fault on your part; and
3. The requirement in this award term and condition to disclose information
about the proceeding does not conflict with applicable laws and
regulations.
C. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires
about each proceeding described in the award terms and conditions. You do not
need to submit the information a second time under assistance awards that you
received if you already provided the information through SAM because you were
required to do so under Federal procurement contracts that you were awarded.
D. Reporting Frequency
During any period when you are subject to the requirement in paragraph 1 of this
award term and condition, you must report proceedings information through SAM
for the most recent five-year period, either to report new information about any
proceeding(s) that you have not reported previously or affirm that there is no new
information to report. Recipients that have Federal contract, grant, and
cooperative agreement awards with a cumulative total value greater than
$10,000,000 must disclose semiannually any information about the criminal, civil,
and administrative proceedings.
E. Definitions
i. For purposes of this award term and condition:
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a) Administrative proceeding means a non-judicial process that is adjudicatory in
nature in order to make a determination of fault or liability (e.g., Securities
and Exchange Commission Administrative proceedings, Civilian Board of
Contract Appeals proceedings, and Armed Services Board of Contract
Appeals proceedings). This includes proceedings at the Federal and State level
but only in connection with performance of a Federal contract or grant. It does
not include audits, site visits, corrective plans, or inspection of deliverables.
b) Conviction means a judgment or conviction of a criminal offense by any court
of competent jurisdiction, whether entered upon a verdict or a plea, and
includes a conviction entered upon a plea of nolo contendere.
c) Total value of currently active grants, cooperative agreements, and
procurement contracts includes—
1.Only the Federal share of the funding under any Federal award with a
recipient cost share; and
2.The value of all expected funding increments under a Federal award and
options, even if not yet exercised.
9. FUNDING USED FOR THE PURCHASE AND OPERATION OF UNMANNED
AIRCRAFT SYSTEMS (UAS)
If Federal funding is provided to a State, local, tribal, or territorial government for the
purchase or use of UAS for their operations, the recipient must have in place policies and
procedures to safeguard individuals' privacy, civil rights, and civil liberties prior to
expending such funds.
Per National Park Service Director Policy Memorandum 14-05, dated June 19, 2014, the
launching, landing, and operating of unmanned aircraft, that is not under the control of
the Federal government, on lands and waters administered by the National Park Service is
prohibited unless approval is received from the Associate Director for such purposes as:
Scientific study, search and rescue operations, fire operations, and law enforcement.
Administrative use includes the use of unmanned aircraft by:
(i) NPS personnel as operators or crew;
(ii) cooperators such as government agencies and universities that conduct
unmanned aircraft operations for the NPS pursuant to a written agreement; and
(iii) other entities, including commercial entities, conducting unmanned aircraft
operations for the NPS, provided such entities follow all applicable FAA and
Department of the Interior requirements.
10. PATENTS AND INVENTIONS (37 CFR 401)
Recipients of agreements which support experimental, developmental, or research work
shall be subject to applicable regulations governing patents and inventions, including the
government-wide regulations issued by the Department of Commerce at 37 CFR 401,
Rights to Inventions Made by Non-profit Organizations and Small Business Firms Under
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Government Grants, Contracts and Cooperative Agreements. These regulations do not
apply to any agreement made primarily for educational purposes.
In accordance with 37 CFR 401.3(a), the provision at 37 CFR 401.14(a), with authorized
modifications for the National Park Service, is hereby included in this agreement:
(a) Definitions
(1) Invention means any invention or discovery which is or may be patentable or
otherwise protectable under Title 35 of the United States Code, or any novel
variety of plant which is or may be protected under the Plant Variety Protection
Act (7 U.S.C. 2321 et seq.).
(2) Subject invention means any invention of the recipient conceived or first
actually reduced to practice in the performance of work under this agreement,
provided that in the case of a variety of plant, the date of determination (as
defined in section 41(d) of the Plant Variety Protection Act, 7 U.S.C. 2401(d))
must also occur during the period of agreement performance.
(3) Practical Application means to manufacture in the case of a composition or
product, to practice in the case of a process or method, or to operate in the case of
a machine or system; and, in each case, under such conditions as to establish that
the invention is being utilized and that its benefits are, to the extent permitted by
law or government regulations, available to the public on reasonable terms.
(4) Made when used in relation to any invention means the conception or first
actual reduction to practice of such invention.
(5) Small Business Firm means a small business concern as defined at section 2 of
Public Law. 85‑536 (15 U.S.C. 632) and implementing regulations of the
Administrator of the Small Business Administration. For the purpose of this
provision, the size standards for small business concerns involved in government
procurement and subcontracting at 13 CFR 121.3‑8 and 13 CFR 121.3‑12,
respectively, will be used.
(6) Nonprofit Organization means a university or other institution of higher
education, or an organization of the type described in section 501(c)(3) of the
Internal Revenue Code of 1954 (26 U.S.C. 501(c) and exempt from taxation
under section 501(a) of the Internal Revenue Code (25 U.S.C. 501(a)) or any
nonprofit scientific or educational organization qualified under a state nonprofit
organization statute.
(b) Allocation of Principal Rights.
The Recipient may retain the entire right, title, and interest throughout the world to each
subject invention subject to this provision and 35 U.S.C. 203. With respect to any subject
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invention in which the Recipient retains title, the Federal government shall have a
nonexclusive, nontransferable, irrevocable, paid‑up license to practice or have practiced
for or on behalf of the United States the subject invention throughout the world.
(c) Invention Disclosure, Election of Title and Filing of Patent Application by Recipient
(1) The Recipient will disclose each subject invention to the National Park
Service within two months after the inventor discloses it in writing to Recipient
personnel responsible for patent matters. The disclosure to the National Park
Service shall be in the form of a written report and shall identify the agreement
under which the invention was made and the inventor(s). It shall be sufficiently
complete in technical detail to convey a clear understanding to the extent known
at the time of the disclosure, of the nature, purpose, operation, and the physical,
chemical, biological or electrical characteristics of the invention. The disclosure
shall also identify any publication, on sale or public use of the invention and
whether a manuscript describing the invention has been submitted for publication
and, if so, whether it has been accepted for publication at the time of disclosure.
In addition, after disclosure to the National Park Service, the Recipient will
promptly notify the National Park Service of the acceptance of any manuscript
describing the invention for publication or of any on sale or public use planned by
the Recipient.
(2) The Recipient will elect in writing whether or not to retain title to any such
invention by notifying the National Park Service within two years of disclosure to
the National Park Service. However, in any case where publication, on sale or
public use has initiated the one-year statutory period wherein valid patent
protection can still be obtained in the United States, the period for election of title
may be shortened by the National Park Service to a date that is no more than 60
days prior to the end of the statutory period.
(3) The Recipient will file its initial patent application on a subject invention to
which it elects to retain title within one year after election of title or, if earlier,
prior to the end of any statutory period wherein valid patent protection can be
obtained in the United States after a publication, on sale, or public use. The
Recipient will file patent applications in additional countries or international
patent offices within either ten months of the corresponding initial patent
application or six months from the date permission is granted by the
Commissioner of Patents and Trademarks to file foreign patent applications where
such filing has been prohibited by a Secrecy Order.
(4) Requests for extension of the time for disclosure, election, and filing under
subparagraphs (1), (2), and (3) may, at the discretion of the National Park Service,
be granted.
(d) Conditions When the Government May Obtain Title.
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The Recipient will convey to the National Park Service, upon written request, title to any
subject inventions
(1) If the Recipient fails to disclose or elect title to the subject invention within
the times specified in (c), above, or elects not to retain title; provided that the
National Park Service may only request title within 60 days after learning of the
failure of the Recipient to disclose or elect within the specified times.
(2) In those countries in which the Recipient fails to file patent applications within
the times specified in (c) above; provided, however, that if the Recipient has filed
a patent application in a country after the times specified in (c) above, but prior to
its receipt of the written request of the National Park Service, the Recipient shall
continue to retain title in that country.
(3) In any country in which the Recipient decides not to continue the prosecution
of any application for, to pay the maintenance fees on, or defend in reexamination
or opposition proceeding on, a patent on a subject invention.
(e) Minimum Rights to Recipient and Protection of the Recipient Right to File
(1) The Recipient will retain a nonexclusive royalty‑free license throughout the
world in each subject invention to which the Government obtains title, except if
the Recipient fails to disclose the invention within the times specified in (c),
above. The Recipient's license extends to its domestic subsidiary and affiliates, if
any, within the corporate structure of which the Recipient is a party and includes
the right to grant sublicenses of the same scope to the extent the Recipient was
legally obligated to do so at the time the agreement was awarded. The license is
transferable only with the approval of the National Park Service except when
transferred to the successor of that party of the Recipient's business to which the
invention pertains.
(2) The Recipient's domestic license may be revoked or modified by the National
Park Service to the extent necessary to achieve expeditious practical application
of the subject invention pursuant to an application for an exclusive license
submitted in accordance with applicable provisions at 37 CFR part 404 and the
National Park Service licensing regulations (if any). This license will not be
revoked in that field of use or the geographical areas in which the Recipient has
achieved practical application and continues to make the benefits of the invention
reasonably accessible to the public. The license in any foreign country may be
revoked or modified at the discretion of the National Park Service to the extent
the Recipient, its licensees, or the domestic subsidiaries or affiliates have failed to
achieve practical application in that foreign country.
(3) Before revocation or modification of the license, the National Park Service
will furnish the Recipient a written notice of its intention to revoke or modify the
license, and the Recipient will be allowed thirty days (or such other time as may
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be authorized by the National Park Service for good cause shown by the
Recipient) after the notice to show cause why the license should not be revoked or
modified. The Recipient has the right to appeal, in accordance with applicable
regulations in 37 CFR part 404 and National Park Service regulations (if any)
concerning the licensing of Government‑owned inventions, any decision
concerning the revocation or modification of the license.
(f) Recipient Action to Protect the Government's Interest
(1) The Recipient agrees to execute or to have executed and promptly deliver to
the National Park Service all instruments necessary to
(i) establish or confirm the rights the Government has throughout the
world in those subject inventions to which the Recipient elects to retain
title, and
(ii) convey title to the National Park Service when requested under
paragraph (d) above and to enable the government to obtain patent
protection throughout the world in that subject invention.
(2) The Recipient agrees to require, by written agreement, its employees, other
than clerical and non-technical employees, to disclose promptly in writing to
personnel identified as responsible for the administration of patent matters and in
a format suggested by the Recipient each subject invention made under agreement
in order that the Recipient can comply with the disclosure provisions of paragraph
(c), above, and to execute all papers necessary to file patent applications on
subject inventions and to establish the government's rights in the subject
inventions. This disclosure format should require, as a minimum, the information
required by (c)(1), above. The Recipient shall instruct such employees through
employee agreements or other suitable educational programs on the importance of
reporting inventions in sufficient time to permit the filing of patent applications
prior to U.S. or foreign statutory bars.
(3) The Recipient will notify the National Park Service of any decisions not to
continue the prosecution of a patent application, pay maintenance fees, or defend
in a reexamination or opposition proceeding on a patent, in any country, not less
than thirty days before the expiration of the response period required by the
relevant patent office.
(4) The Recipient agrees to include, within the specification of any United States
patent applications and any patent issuing thereon covering a subject invention,
the following statement, “This invention was made with government support
under (identify the agreement) awarded by (identify the Federal agency). The
government has certain rights in the invention.”
(g) Subcontracts. The Recipient will include this provision, suitably modified to identify
the parties, in all sub-agreements or subcontracts, regardless of tier, for experimental,
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developmental or research work. The sub-recipient or subcontractor will retain all rights
provided for the Recipient in this provision, and the Recipient will not, as part of the
consideration for awarding the sub-agreement or subcontract, obtain rights in the sub-
recipient's or subcontractor's subject inventions.
(h) Reporting on Utilization of Subject Inventions. The Recipient agrees to submit on
request periodic reports no more frequently than annually on the utilization of a subject
invention or on efforts at obtaining such utilization that are being made by the Recipient
or its licensees or assignees. Such reports shall include information regarding the status
of development, date of first commercial sale or use, gross royalties received by the
Recipient, and such other data and information as the National Park Service may
reasonably specify. The Recipient also agrees to provide additional reports as may be
requested by the National Park Service in connection with any march‑in proceeding
undertaken by the National Park Service in accordance with paragraph (j) of this
provision. As required by 35 U.S.C. 202(c)(5), the National Park Service agrees it will
not disclose such information to persons outside the government without permission of
the Recipient.
(i) Preference for United States Industry. Notwithstanding any other part of this
provision, the Recipient agrees that neither it nor any assignee will grant to any person
the exclusive right to use or sell any subject inventions in the United States unless such
person agrees that any products embodying the subject invention or produced through the
use of the subject invention will be manufactured substantially in the United States.
However, in individual cases, the requirement for such an agreement may be waived by
the National Park Service upon a showing by the Recipient or its assignee that reasonable
but unsuccessful efforts have been made to grant licenses on similar terms to potential
licensees that would be likely to manufacture substantially in the United States or that
under the circumstances domestic manufacture is not commercially feasible.
(j) March‑in Rights. The Recipient agrees that with respect to any subject invention in
which it has acquired title, the National Park Service has the right in accordance with the
procedures in 37 CFR 401.6 and any supplemental regulations of the National Park
Service to require the Recipient, an assignee or exclusive licensee of a subject invention
to grant a nonexclusive, partially exclusive, or exclusive license in any field of use to a
responsible applicant or applicants, upon terms that are reasonable under the
circumstances, and if the Recipient, assignee, or exclusive licensee refuses such a request
the National Park Service has the right to grant such a license itself if the National Park
Service determines that:
(1) Such action is necessary because the Recipient or assignee has not taken or is
not expected to take within a reasonable time, effective steps to achieve practical
application of the subject invention in such field of use.
(2) Such action is necessary to alleviate health or safety needs, which are not
reasonably satisfied by the Recipient, assignee, or their licensees.
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(3) Such action is necessary to meet requirements for public use specified by
Federal regulations and such requirements are not reasonably satisfied by the
Recipient, assignee, or licensees; or
(4) Such action is necessary because the agreement required by paragraph (i) of
this provision has not been obtained or waived or because a licensee of the
exclusive right to use or sell any subject invention in the United States is in
breach of such agreement.
(k) Special Provisions for Agreements with Nonprofit Organizations.
If the Recipient is a nonprofit organization, it agrees that:
(1) Rights to a subject invention in the United States may not be assigned without
the approval of the National Park Service, except where such assignment is made
to an organization which has as one of its primary functions the management of
inventions, provided that such assignee will be subject to the same provisions as
the Recipient;
(2) The Recipient will share royalties collected on a subject invention with the
inventor, including Federal employee co‑inventors (when the National Park
Service deems it appropriate) when the subject invention is assigned in
accordance with 35 U.S.C. 202(e) and 37 CFR 401.10;
(3) The balance of any royalties or income earned by the Recipient with respect to
subject inventions, after payment of expenses (including payments to inventors)
incidental to the administration of subject inventions, will be utilized for the
support of scientific research or education; and
(4) It will make efforts that are reasonable under the circumstances to attract
licensees of subject invention that are small business firms and that it will give a
preference to a small business firm when licensing a subject invention if the
Recipient determines that the small business firm has a plan or proposal for
marketing the invention which, if executed, is equally as likely to bring the
invention to practical application as any plans or proposals from applicants that
are not small business firms; provided, that the Recipient is also satisfied that the
small business firm has the capability and resources to carry out its plan or
proposal. The decision whether to give a preference in any specific case will be at
the discretion of the Recipient. However, the Recipient agrees that the National
Park Service may review the Recipient's licensing program and decisions
regarding small business applicants, and the Recipient will negotiate changes to
its licensing policies, procedures, or practices with the National Park Service
when this review discloses that the Recipient could take reasonable steps to
implement more effectively the requirements of this paragraph (k)(4).
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(l) Communication. Communications regarding matters relating to this provision shall be
directed to the Deputy Associate Solicitor, Branch of Procurements and Patents, Office of
the Solicitor, U.S. Department of the Interior, 1849 C Street NW, Washington, D.C.
20240.
11. ENSURING THE FUTURE IS MADE IN ALL OF AMERICA BY ALL OF
AMERICA’S WORKERS PER E.O. 14005 (dated January 25, 2021)
Per Executive Order 14005, entitled "Ensuring the Future Is Made in All of America by
All of America's Workers” the Recipient shall maximize the use of goods, products, and
materials produced in, and services offered in, the United States, and whenever possible,
procure goods, products, materials, and services from sources that will help American
businesses compete in strategic industries and help America’s workers thrive.
12. SECTION 508 OF THE REHABILITATION ACT OF 1973 (29 U.S.C. §794 (d))
While the requirements of Section 508 of the Rehabilitation Act of 1973, as amended (29
U.S.C. § 794d), do not apply to financial assistance agreements, the NPS is subject to the
Act's requirements that all documents posted on an NPS, or NPS-hosted website comply
with the accessibility standards of the Act. Accordingly, final deliverable reports
prepared under this agreement and submitted in electronic format must be submitted in a
format whereby NPS can easily meet the requirements of Section 508 of the
Rehabilitation Act of 1973, as amended. NOTE: Progress Reports and financial reports
are not considered final deliverables and therefore the following requirements do not
apply.
All electronic documents prepared under this Agreement must meet the requirements of
Section 508 of the Rehabilitation Act of 1973, as amended. The Act requires that all
electronic products prepared for the Federal Government be accessible to persons with
disabilities, including those with vision, hearing, cognitive, and mobility
impairments. View Section 508 of the Rehabilitation Act, Standards and Guidelines for
detailed information.
The following summarizes some of the requirements for preparing NPS reports in
conformance with Section 508 for eventual posting by NPS to an NPS-sponsored
website. For specific detailed guidance and checklists for creating accessible digital
content, please go to Section 508.gov, Create Accessible Digital Products. All
accessible digital content must conform to the requirements and techniques of the Web
Content Accessibility Guidelines (WCAG) 2.0 or later, Level AA Success Criteria.
a. Electronic documents with images
Provide a text equivalent for every non-text element (including photographs,
charts, and equations) in all publications prepared in electronic format. Use
descriptions such as "alt" and "longdesc" for all non-text images or place them in
element content. For all documents prepared, vendors must prepare one standard
HTML format as described in this statement of work AND one text format that
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includes descriptions for all non-text images. "Text equivalent" means text
sufficient to reasonably describe the image. Images that are merely decorative
require only a very brief "text equivalent" description. However, images that
convey information that is important to the content of the report require text
sufficient to reasonably describe that image and its purpose within the context of
the report.
b. Electronic documents with complex charts or data tables
When preparing tables that are heavily designed, prepare adequate alternate
information so that assistive technologies can read them out. Identify row and
column headers for data tables. Provide the information in a non-linear form.
Markups will be used to associate data cells and header cells for data tables that
have two or more logical levels of row and column headers.
c. Electronic documents with forms
When electronic forms are designed to be completed on-line, the form will allow
people using assistive technology to access the information, field elements, and
functionality required for completion and submission of the form, including all
directions and cues.
13. ANTI–DEFICIENCY ACT
Pursuant to 31 U.S.C. §1341 nothing contained in this Agreement shall be construed as
binding the NPS to expend in any one fiscal year any sum in excess of appropriations
made by Congress, for the purposes of this Agreement for that fiscal year, or other
obligation for the further expenditure of money in excess of such appropriations.
14. ASSIGNMENT
No part of this Agreement shall be assigned to any other party without prior written
approval of the NPS and the Assignee.
15. MEMBER OF CONGRESS
Pursuant to 41 U.S.C. § 22, no Member of Congress shall be admitted to any share or part
of any contract or agreement made, entered into, or adopted by or on behalf of the United
States, or to any benefit to arise thereupon.
16. AGENCY
The Recipient is not an agent or representative of the United States, the Department of
the Interior, NPS, or the Park, nor will the Recipient represent itself as such to third
parties. NPS employees are not agents of the Recipient and will not act on behalf of the
Recipient.
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17. NON-EXCLUSIVE AGREEMENT
This Agreement in no way restricts the Recipient or NPS from entering into similar
agreements, or participating in similar activities or arrangements, with other public or
private agencies, organizations, or individuals.
18. PARTIAL INVALIDITY
If any provision of this Agreement or the application thereof to any party or circumstance
shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement or
the application of such provision to the parties or circumstances other than those to which
it is held invalid or unenforceable, shall not be affected thereby and each provision of this
Agreement shall be valid and be enforced to the fullest extent permitted by law.
19. NO EMPLOYMENT RELATIONSHIP
This Agreement is not intended to and shall not be construed to create an employment
relationship between NPS and Recipient or its representatives. No representative of
Recipient shall perform any function or make any decision properly reserved by law or
policy to the Federal government.
20. NO THIRD-PARTY RIGHTS
This Agreement creates enforceable obligations between only NPS and Recipient. Except
as expressly provided herein, it is not intended, nor shall it be construed to create any
right of enforcement by or any duties or obligation in favor of persons or entities not a
party to this Agreement.
21. PROGRAM INCOME
If the Recipient earns program income, as defined in 2 CFR §200.1, during the period of
performance of this agreement, to the extent available the Recipient must disburse funds
available from program income, and interest earned on such funds, before requesting
additional cash payments (2 CFR§200.305 (5)). As allowed under 2 CFR §200.307,
program income may be added to the Federal award by the Federal agency and Recipient.
The program income must be used for costs incurred during the period of performance or
allowable closeout costs. Disposition of program income remaining after the end of the
period of performance shall be negotiated as part of the agreement closeout process.
22. RIGHTS IN DATA
The Recipient must grant the United States of America a royalty–free, non–exclusive and
irrevocable license to publish, reproduce and use, and dispose of in any manner and for
any purpose without limitation, and to authorize or ratify publication, reproduction or use
by others, of all copyrightable material first produced or composed under this Agreement
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by the Recipient, its employees or any individual or concern specifically employed or
assigned to originate and prepare such material.
23. CONFLICT OF INTEREST
(a) Applicability.
1. This section intends to ensure that non-Federal entities and their employees
take appropriate steps to avoid conflicts of interest in their responsibilities
under or with respect to Federal financial assistance agreements.
2. In the procurement of supplies, equipment, construction, and services by
recipients and by subrecipients, the conflict-of-interest provisions in 2 CFR
200.318 apply.
(b) Requirements.
1. Non-Federal entities must avoid prohibited conflicts of interest, including
any significant financial interests that could cause a reasonable person to
question the recipient's ability to provide impartial, technically sound, and
objective performance under or with respect to a Federal financial assistance
agreement.
2. In addition to any other prohibitions that may apply with respect to conflicts
of interest, no key official of an actual or proposed recipient or subrecipient,
who is substantially involved in the proposal or project, may have been a
former Federal employee who, within the last one (1) year, participated
personally and substantially in the evaluation, award, or administration of an
award with respect to that recipient or subrecipient or in development of the
requirement leading to the funding announcement.
3. No actual or prospective recipient or subrecipient may solicit, obtain, or use
non-public information regarding the evaluation, award, or administration of
an award to that recipient or subrecipient or the development of a Federal
financial assistance opportunity that may be of competitive interest to that
recipient or subrecipient.
(c) Notification.
1. Non-Federal entities, including applicants for financial assistance awards,
must disclose in writing any conflict of interest to the DOI awarding agency
or pass-through entity in accordance with 2 CFR 200.112, Conflicts of
interest.
(d) Recipients must establish internal controls that include, at a minimum, procedures to
identify, disclose, and mitigate or eliminate identified conflicts of interest. The
recipient is responsible for notifying the Financial Assistance Officer in writing of
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any conflicts of interest that may arise during the life of the award, including those
that have been reported by subrecipients. Restrictions on Lobbying. Non-Federal
entities are strictly prohibited from using funds under this grant or cooperative
agreement for lobbying activities and must provide the required certifications and
disclosures pursuant to 43 CFR Part 18 and 31 USC 1352.
(e) Review Procedures. The Financial Assistance Officer will examine each conflict-of-
interest disclosure on the basis of its particular facts and the nature of the proposed
grant or cooperative agreement and will determine whether a significant potential
conflict exists and, if it does, develop an appropriate means for resolving it.
(f) Enforcement. Failure to resolve conflicts of interest in a manner that satisfies the
Government may be cause for termination of the award. Failure to make required
disclosures may result in any of the remedies described in 2 CFR 200.338, Remedies
for Noncompliance, including suspension or debarment (see also 2 CFR Part 180).
24. BUILD AMERICA, BUY AMERICA
Pursuant to 2 CFR Part 184 – Buy America Preferences for Infrastructure Projects. None
of the funds under an award may be obligated for an infrastructure project unless all the
iron, steel, manufactured products, and construction materials used in the project are
produced in the U.S., unless subject to an approved waiver. This part applies to an entire
infrastructure project even if funded by Federal and non-Federal funds under one or more
awards. Recipients must include this preference in all subawards, contracts, and purchase
orders related to infrastructure projects under Federal awards.
The Buy America preference only applies to articles, materials, and supplies that are
consumed in, incorporated into, or affixed to an infrastructure project. As such, it does
not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the
construction site and removed at or before the completion of the infrastructure project.
Nor does a Buy America preference apply to equipment and furnishings, such as movable
chairs, desks, and portable computer equipment, that are used at or within the finished
infrastructure project but are not an integral part of the structure or permanently affixed to
the infrastructure project.
For further information on the Buy America preference, please visit “Buy America”
Domestic Sourcing Guidance and Waiver Process for DOI Financial Assistance
Agreements | U.S. Department of the Interior. Additional information can also be found
at the White House Made in America Office website: Made In America | OMB | The
White House.
Waivers
There may be instances where an award qualifies, in whole or in part, for an existing DOI
general applicability waiver as described at: Approved DOI General Applicability
Waivers | U.S. Department of the Interior.
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When necessary, recipients may apply for, and the Department of the Interior (DOI) may
grant, a waiver from these requirements, subject to review by the Made in America
Office. If a general applicability waiver does not already apply, a request to waive the
application of the domestic content procurement preference may be submitted to the
Financial Assistance Awarding Officer in writing. Waiver request submission
requirements are described at: “Buy America” Domestic Sourcing Guidance and Waiver
Process for DOI Financial Assistance Agreements | U.S. Department of the Interior.
Questions pertaining to waivers should be directed to the Financial Assistance Awarding
Officer.
Definitions
The definitions applicable to this term are set forth at 2 CFR §184.3, the full text of
which is incorporated by reference. For additional legal definitions and sourcing
requirements, the recipient must consult the “Buy America” Domestic Sourcing
Guidance and Waiver Process for DOI Financial Assistance Agreements | U.S.
Department of the Interior, 2 CFR Part 184, and the OMB Memorandum M-24-02,
Implementation Guidance on Application of Buy America Preference in Federal
Financial Assistance Programs for Infrastructure.
25. SIGNATURES
Recipients are NOT required to sign the Notice of Financial Assistance Award letter or
any other award document. As per DOI standard award terms and conditions, the
recipient's acceptance of a financial assistance award is defined as the start of work,
drawing down funds, or accepting the award via electronic means.
26. EXECUTIVE ORDERS AND DEPARTMENT OF THE INTERIOR SERCRETARY
ORDERS
Recipients must comply with all applicable Presidential Executive Orders found at:
https://www.whitehouse.gov/presidential-actions/ and all applicable DOI Secretary’s
Orders found at: https://www.doi.gov/document-library/secretary-order that are in effect
at the time of award, or that may take effect during the period of performance of the
award.
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PROJECT NAME:OPINION OF PROBABLE COST
WR PROJECT NO.:23-0692
DATE:July 31, 2024
PROJECT PHASE: Phase 1
Item No.Quantity Unit Unit Cost Subtotal LWCF 30% PARTF 30% LOCAL 40%Description
A
1. Construction Staking and Layout 1 LS $20,000.00 $20,000.00 $6,000.00 $6,000.00 $8,000.00
2.2.2 AC $15,000.00 $33,000.00 $9,900.00 $9,900.00 $13,200.00 Remove and dispose of turf, tree clearing
3. Grading / Earthwork 2.5 AC $15,500.00 $38,750.00 $11,625.00 $11,625.00 $15,500.00
4. Erosion Control Allowance 1 LS $25,000.00 $25,000.00 $7,500.00 $7,500.00 $10,000.00 Const. entrance, concrete washout, tpf/silt fence, sed basin
$116,750.00 $35,025.00 $35,025.00 $46,700.00
B
1.1,200 SY $72.00 $86,400.00 $25,920.00 $25,920.00 $34,560.00 Sidewalk + MUP
2.2,000 SY $65.00 $130,000.00 $39,000.00 $39,000.00 $52,000.00 8" stone / 3" surface
3.1 LS $7,500.00 $7,500.00 $2,250.00 $2,250.00 $3,000.00 Parking lot and road
4. Storm Drainage 1 LS $25,000.00 $25,000.00 $7,500.00 $7,500.00 $10,000.00 SCM, cons. wetland, conveyance
5. Water Service Allowance (Restroom)1 LS $30,000.00 $30,000.00 $9,000.00 $9,000.00 $12,000.00 Tap fee, meter, fittings, piping
6. Sewer Service Allowance (Restroom)1 LS $30,000.00 $30,000.00 $9,000.00 $9,000.00 $12,000.00 Fittings, piping
7. Landscape Allowance 1 LS $20,000.00 $20,000.00 $6,000.00 $6,000.00 $8,000.00
8. Site Furnishings Allowance 1 LS $15,000.00 $15,000.00 $4,500.00 $4,500.00 $6,000.00 Benches, tables, trash cans
9. Signage Allowance 1 LS $10,000.00 $10,000.00 $3,000.00 $3,000.00 $4,000.00 Entry signage
$353,900.00 $106,170.00 $106,170.00 $141,560.00
C
1.1 LS $190,000.00 $190,000.00 $57,000.00 $57,000.00 $76,000.00 Equipment not selected
2.7,000 SF $30.00 $210,000.00 $63,000.00 $63,000.00 $84,000.00 Assume poured-in-place surfacing
3. Restroom (200sf) / Shelter 1 EA $200,000.00 $200,000.00 $60,000.00 $60,000.00 $80,000.00 Pre-fabricated, Includes pad and utility connections
4. Shelter (250sf)1 EA $25,000.00 $25,000.00 $7,500.00 $7,500.00 $10,000.00 Pre-fabricated
$625,000.00 $187,500.00 $187,500.00 $250,000.00
D
1.1 LS $250,000.00 $250,000.00 $75,000.00 $75,000.00 $100,000.00 Additional lane across frontage
2.652 SY $72.00 $46,944.00 $14,083.20 $14,083.20 $18,777.60 Sidewalk
$296,944.00 $89,083.20 $89,083.20 $118,777.60
$767,594 $230,278 $230,278 $307,038 Excludes playground / shelter with direct from vendor
D
1.$76,800 $23,040 $23,040 $30,720
2.$25,332 $7,600 $7,600 $10,133
3.$60,881 $18,264 $18,264 $24,352 Overhead & profit
$163,012.63 $48,904 $48,904 $65,205
E
1.$111,000.00 $33,300.00 $33,300.00 $44,400.00 Estimated
2.$30,000.00 $9,000.00 $9,000.00 $12,000.00 Estimated
3.$15,000.00 $4,500.00 $4,500.00 $6,000.00 Soil borings, pavement design, structural recommendations
4.$12,000.00 $3,600.00 $3,600.00 $4,800.00 Harnett County to confirm costs based on previous projects
$168,000.00 $50,400.00 $50,400.00 $67,200.00
$1,723,607 $517,082 $517,082 $689,443
WithersRavenel has no control over the cost of labor, materials, equipment, the Contractor's method of determining prices or competitive bidding. Market costs provided herein are made on the basis of experience and represent
Subtotal
Neill's Creek Park
Item
Start-Up and Site Work
Site Clearing and Grubbing
Subtotal
Direct from Vendor
Subtotal - General Contractor Scope
General Conditions (10%)
Bonds & Insurance (3%)
Playground Surfacing
Neill's Creek - Construction Soft Costs
NC-210 Improvements
NC210 Improvements
Concrete Paving - Walkways
Subtotal
Site Improvements
Concrete Paving - Walkways
Asphalt - Parking / Drives
Playground Equipment
Subtotal
Pavement striping
Contractor's Fee (7%)
Subtotal
Project Total
Subtotal
Designer Fees (15% of construction cost)
Survey
Geotech (pre-design)
Construction Materials & Testing Services
Design Soft Costs
HC BOC 111225 ws Pg. 78
PROJECT NAME:OPINION OF PROBABLE COST
WR PROJECT NO.:23-0692
DATE:February 14, 2025
PROJECT PHASE: Phase 1
Item No.LWCF LOCAL (PARTF APP) LOCAL Description
A
1. Construction Staking and Layout $6,000.00 $6,000.00 $8,000.00
2.$9,900.00 $9,900.00 $13,200.00 Remove and dispose of turf, tree clearing
3. Grading / Earthwork $9,000.00 $9,000.00 $12,000.00
4.$22,680.00 $22,680.00 $30,240.00 Sidewalk + MUP
5. Erosion Control Allowance $8,570.00 $8,570.00 $2,860.00 Const. entrance, concrete washout, tpf/silt fence, sed basin
$56,150.00 $56,150.00 $66,300.00
B
1.$64,000.00 $64,000.00 $32,000.00 Equipment not selected
2.$84,000.00 $84,000.00 $42,000.00 Assume poured-in-place surfacing
$148,000.00 $148,000.00 $74,000.00
C
1. Restroom (200sf) / Shelter $100,000.00 $100,000.00 $50,000.00 Pre-fabricated, Includes pad and utility connections
2. Shelter (250sf)$14,000.00 $14,000.00 $7,000.00 Pre-fabricated
3. Water Service Allowance (Restroom)$12,000.00 $12,000.00 $6,000.00 Tap fee, meter, fittings, piping
4. Sewer Service Allowance (Restroom)$9,000.00 $9,000.00 $12,000.00 Fittings, piping
$135,000.00 $135,000.00 $75,000.00
D
1.$39,000.00 $39,000.00 $52,000.00 8" stone / 3" surface
2.$3,750.00 $3,750.00 Parking lot and road
3. Storm Drainage $7,500.00 $7,500.00 $10,000.00 SCM, cons. wetland, conveyance
$50,250.00 $50,250.00 $62,000.00
E
1. Landscape Allowance $6,000.00 $6,000.00 $8,000.00
2. Site Furnishings Allowance $4,500.00 $4,500.00 $6,000.00 Benches, tables, trash cans
3. Signage Allowance $3,000.00 $3,000.00 $4,000.00 Entry signage
$13,500.00 $13,500.00 $18,000.00
F
1.$225,000.00 Additional lane across frontage
2.$41,076.00 Sidewalk
$266,076.00
$402,900 $402,900 $561,376 Excludes playground / shelter with direct from vendor
G
1.$72,080
2.$43,178
3.$103,770 Overhead & profit
$219,028.04
H
1.$80,000.00 $80,000.00 Estimated
2.$9,000.00 $9,000.00 $12,000.00 Estimated
3.$4,500.00 $4,500.00 $6,000.00 Soil borings, pavement design, structural recommendations
4.$3,600.00 $3,600.00 $4,800.00 Harnett County to confirm costs based on previous projects
$97,100.00 $97,100.00 $22,800.00
$500,000 $500,000 $803,204
WithersRavenel has no control over the cost of labor, materials, equipment, the Contractor's method of determining prices or competitive bidding. Market costs provided herein are made on the basis of experience and represent
General Conditions (10%)
Bonds & Insurance (3%)
Contractor's Fee (7%)
Subtotal
Design Soft Costs
Designer Fees (20% of construction cost)
Survey
Geotech (pre-design)
Construction Materials & Testing Services
Subtotal
Project Total
Neill's Creek - Construction Soft Costs
Concrete Paving - Walkways
Asphalt - Parking / Drives
Pavement striping
Subtotal
Amenity
Subtotal
NC-210 Improvements
NC210 Improvements
Concrete Paving - Walkways
Subtotal
Subtotal - General Contractor Scope
Parking Lot
Playground
Playground Equipment
Playground Surfacing
Subtotal
Structures
Subtotal
Neill's Creek Park
Item
Site Work
Site Clearing and Grubbing
Subtotal
HC BOC 111225 ws Pg. 79
PROJECT NAME:OPINION OF PROBABLE COST
WR PROJECT NO.:23-0692
DATE:February 14, 2025
PROJECT PHASE: Phase 1
Item No.LWCF LOCAL MATCH TOTAL SF424-C Description
A $62,900.00 $62,900.00 $125,800.00 #7 Staking & layout, site clearing, grading, concrete walkways, EC
$4,750.00 $4,750.00 $9,500.00 Staking out the site improvements
$10,000.00 $10,000.00 $20,000.00 Removal of trees and vegetation
$5,800.00 $5,800.00 $11,600.00 Silte fence, construction entrance, etc.
$10,000.00 $10,000.00 $20,000.00 Earthwork
$22,750.00 $22,750.00 $45,500.00 Paths around site
$9,600.00 $9,600.00 $19,200.00 Trees & Shrubs
B $148,000.00 $148,000.00 $296,000.00 #9 Equipment and pour-in-place surfacing
$106,000.00 $106,000.00 $212,000.00 Play equipment (includes freight and install)
$42,000.00 $42,000.00 $84,000.00 Poured in place rubber or artificial turf surfacing
C $135,000.00 $135,000.00 $270,000.00 #9 Restroom, shelter, water and sewer service
$95,000.00 $95,000.00 $190,000.00 Pre-engineered and pre-fabricated restroom building
$20,000.00 $20,000.00 $40,000.00 Water and sewer service for restroom
$20,000.00 $20,000.00 $40,000.00 Pre-engineered and fabricated on-site picnic shelter
D $50,250.00 $50,250.00 $100,500.00 #9 Asphalt, striping, storm drainage
E $6,750.00 $6,750.00 $13,500.00 #9 Landscape, furnishings, signs
$4,250.00 $4,250.00 $8,500.00 Benches and tables
$2,500.00 $2,500.00 $5,000.00 Park signage
Subtotal- General Contractor Scope $402,900.00 $402,900.00 $805,800.00
F $97,100.00 $97,100.00 $194,200.00 #4 Design fees, survey, geotech, construction materials and testing
$500,000 $500,000 $1,000,000
WithersRavenel has no control over the cost of labor, materials, equipment, the Contractor's method of determining prices or competitive bidding. Market costs provided herein are made on the basis of experience and represent
Equipment
Surfacing
Landscape
Site Clearing
Erosion Control
Concrete Sidewalk
Grading
Project Total
Design Soft Costs Subtotal
Neill's Creek Park
Item
Site Work Subtotal
Structures Subtotal
Misc Subtotal
Playground Subtotal
Parking Lot Subtotal
Restroom Building
Water/Sewer for Restroom
Shelter
Staking & Layout
Site Furnishing
Signage
HC BOC 111225 ws Pg. 80
LWCF Contract #37-01104
Page 1 of 12
STATE OF NORTH CAROLINA SUBGRANTEE’S FEDERAL I.D. NO.
COUNTY OF WAKE #_______________________
LAND AND WATER CONSERVATION FUND SUBGRANTEE CONTRACT
Subgrantee: Harnett County
Subgrantee Address and Contact Information:
Carl Davis
Director
Parks and Recreation
455 McKinney Parkway
Lillington, NC 27546
Cdavis@harnett.org
Subgrantee Fiscal Year End Date: June 30
Grant Award Date: August 20, 2025
Project Number: 37-01104
Project Title: Neill’s Creek Park Ph I
Effective Contract Period: October 1, 2025-September 30, 2028
Project Scope (Description of Project): To improve Neill’s Creek Park, this project will: install new playground, walkways, a picnic
shelter, restroom, parking, entrance road, storm drainage, water and suage service, landscaping, general site improvements,
and signage.
Total Approved Budget (Project Costs): $1,000,000
Land and Water Conservation Fund Grant Amount: $500,000 Federal Share: up to 50%
Local Government Match: $500,000 Local Share: 50%
Section I. Purpose and Contents of the Contract
The North Carolina Department of Natural and Cultural Resources (the “Department”) and Harnett County (the “Subgrantee”,
and together with the Department, the “Parties”) hereby enter into this Land and Water Conservation Fund Subgrantee
Contract (this “Contract”), effective as of the Date of the last signature to this Contract, for the completion of the Project Scope
stated above, pursuant to LWCF Grant #37-01104 (the “Grant”), awarded to the Department by the United States Department
of the Interior Land and Water Conservation Fund (“LWCF”) on August 20, 2025.
Upon execution of this Contract, the Department hereby promises, in consideration of the promises by the Subgrantee herein,
to obligate to the Subgrantee the Land and Water Conservation Fund Grant Amount (the “Grant Amount”) shown above. The
Subgrantee hereby promises to manage the funds efficiently and effectively in accordance with the approved budget; to
promptly complete the Project Scope described above in a diligent and professional manner within the Contract Period; and to
monitor and report work performance as required by all relevant federal and state laws and regulations.
The Parties agree that they are subject to and will comply with the terms, promises, and any other requirements appearing
either directly or by reference in the following documents, which are incorporated herein by reference into this Contract, as
though fully set forth herein, and are binding on the Parties:
HC BOC 111225 ws Pg. 81
LWCF Contract #37-01104
Page 2 of 12
a. All attachments or amendments hereto, including:
i. Attachment A: Notice of Certain Reporting and Audit Requirements
ii. Attachment B: Scope of Work
iii. Attachment C: Assurances - Construction Programs and
iv. Attachment D: Certification Regarding Lobbying
b. The application by Subgrantee for the Grant, which shall remain on file with the Department;
c. The Notice of Award and Grant agreement #P25AP01570 between the U.S. Department of the Interior and the State
of North Carolina (the “Notice of Award”), as the terms apply to Subgrantees;
d. The Department of the Interior’s Standard Award Terms and Conditions: https://www.doi.gov/grants/doi-standard-
terms-and-conditions (version effective June 1, 2023 and any subsequent editions or amendments thereto);;
e. LWCF State Assistance Program Federal Financial Assistance Manual, Volume 71 (the “Manual”) and any subsequent
editions or amendments thereto.
Section II. Eligible Project Costs, Fiscal Management, and Recordkeeping
1. The Grant Amount must be matched on the basis of at least one (1) dollar of funding provided by the Subgrantee for
every one (1) dollar of funding provided under the Grant. The Subgrantee shall be reimbursed for eligible costs in
accordance with the federal cost share percentage stated on page 1 of this Contract. Note that if the Subgrantee has an
overmatch for the Contract Grant Funds, the Subgrantee will be reimbursed at a rate of less than fifty percent (50%) of
eligible costs. To be eligible, project costs must be incurred during the Contract Period, documented in the grant
application, described in the Project Scope, and initiated and/or undertaken after execution of this Contract by the Parties.
Pre-award costs shall only be eligible if included and approved with the initial grant application. The Department shall
only pay or reimburse the Subgrantee for reasonable, eligible costs actually incurred by the Subgrantee that do not exceed
the Grant Award amount for the Project outlined on page 1 of this Contract.
2. LWCF assistance for land acquisition will be based on the fair market value of real property or the sales price, whichever
is less. Value must be based upon an independent appraisal by a licensed appraiser holding a general or residential
certification from the North Carolina Appraisal Board and conducted in accordance with the standards of the Uniform
Appraisal Standards for Federal Loan Applications (“UASFLA”). The Department shall review the appraisal as to content
and valuation. Final approval of appraised amounts rests solely with the Department.
3. In order to allow general public access and use in a timely manner, the Subgrantee agrees to begin development on LWCF -
acquired land within three (3) years of the date this Contract is signed by the Parties.
4. Payment shall be made in accordance with this Contract, the Scope of Work (Attachment B), the Notice of Award, and
any applicable law and regulations. Payment for work performed will be made upon receipt and approval of invoice(s)
from the Subgrantee documenting the costs incurred in the performance of work under this Contract. Invoices may be
submitted to the Contract Administrator quarterly. Final invoices, including accounting records that document all
expenditures and requests for reimbursement, must be received by the Department for approval within thirty (30) days
after the end of the Contract period or Contract completion, whichever occurs first. Refer to the LWCF Manual Chapter
7.G.3 for documentation required to close out an LWCF grant. Accounting records should be based on generally accepted
local government accounting standards and principles. All accounting records and supporting documents will clearly show
the Project Number and Project Title to which they are applicable.
5. Subgrantee will retain records in accordance with 2 CFR 200; to the extent that 2 CFR 200 is not applicable, Subgrantee
will retain all pertinent records for a period of five (5) years or until all audit exceptions have been resolved, in accorda nce
with the provisions of 09 NCAC 03M .0703. Records created or obtained under this Contract shall not be destroyed, purged
or disposed of outside of the stated retention policy without the express written consent of the Department.
6. The Subgrantee acknowledges and agrees that the State Auditor, Department, or their respective authorized agents may
request access to persons and records under N.C. Gen. Stat. § 147 -64.7. The State Auditor, the Department, or their
respective agents may access the Subgrantee’s accounting records as well as the audit work papers in the possession of
any auditor of the Subgrantee. The Department recommends that Subgrantee retain the documents related to this grant
and project in perpetuity, including this Contract and as applicable, any amendments to this Contract, deeds, approved
HC BOC 111225 ws Pg. 82
LWCF Contract #37-01104
Page 3 of 12
maps, and site plans, etc.
7. The Subgrantee must ensure that grant funds dispersed under this Contract are audited in compliance with all applicable
federal and state statutes and regulations, including, but not limited to, 2 CFR 200 (with particular attention to the
applicable provisions of Part F of the same), as well as the requirements of Chapter 9, Subchapter M of the North Carolina
Administrative Code (including, but not limited to, the audit requirements contained in Attachment A), and any other
applicable federal or state laws and regulations regarding the same.
8. The Subgrantee agrees to refund to the Department, after an audit of the project’s financial records, any costs disallowed
or required to be refunded to the Department on account of audit exceptions. The Subgrantee agrees that any unused
awarded funds remaining after the completion of the project or termination of this Contract shall revert back to the
Department.
9. By agreeing to this Contract, the Subgrantee certifies the applicable assurances described in Attachment C.
10. The Parties agree and understand that the awarding of the sums specified herein is subject to allocation and appropriation
of funds to the Department for the purposes set forth in this Agreement.
Section III. Project Execution
1. The Subgrantee may not deviate from the Scope of the Work outlined in Attachment B without the prior written approval
of the Department. When the Subgrantee desires to change an element of the project, including, but not limited to, a
change to the project scope, a revised estimate of costs, a deletion or addition of project deliverables, or an extension of
the Contract Period, the Subgrantee must submit a request to the Department for approval in writing no less than sixty
(60) days prior to the end of the Contract Period. All requests made within the sixty (60) days prior to the end of the
Contract Period will be submitted to the National Park Service (“NPS”) for review, and then, based on that review, either
be approved or denied by the Department. The Subgrantee must obtain prior approval of budget and program revisions
in accordance with 2 C.F.R. 200.308.
2. The provision of Grant funds from the Department to the Subgrantee herein is a subaward that does not create any
employment relationship, joint venture, or partnership between the Subgrantee and the Department. The Subgrantee
shall be wholly responsible for the work to be performed and for the supervision of its employees, agents, representatives
and subcontractors. The Subgrantee represents that it has, or shall secure at its own expense, all personnel required to
complete the Project Scope. Such employees, agents, representatives and subcontractors shall not be employees of or
have any individual contractual relationship with the Department.
3. If the Subgrantee acts as a pass-through entity and disburses any Grant funds to lower-tiered entities, the Subgrantee
shall follow the requirements of 2 CFR 200, paying particular attention to the requirements of 2 CFR § 200.331 when
determining whether a lower-tier recipient of Grant funds is a subgrantee or a subcontractor.
4. The Subgrantee shall not subgrant any of the work contemplated under this Contract, without prior written approval from
the Department. The Department shall not be obligated to pay for any expenses incurred by any unapproved sub -
Subgrantee. Furthermore, any sub-subgrantee must agree to abide by the standards contained in this Contract and to
provide all information to allow the Subgrantee to comply with these standards. A Subgrantee who receives approval to
subgrant work contemplated under this Contract shall not be relieved of any of the duties and responsibilities of this
Contract.
5. In the event the Subgrantee contracts or subcontracts out the completion of any or all of the Project Scope:
a. The Subgrantee is not relieved of any of its duties and responsibilities provided in this Contract;
b. The Subgrantee shall be responsible for all subcontractor activities including adherence by subcontractors to
all applicable requirements of this Contract; and
c. All subcontracts shall require the Subgrantee’s subcontractor to agree to abide by all applicable laws and
HC BOC 111225 ws Pg. 83
LWCF Contract #37-01104
Page 4 of 12
regulations, as well as the standards laid out herein, and to provide such information as to allow the
Subgrantee to comply with these standards, including allowing State and federal authorized representatives
to access any records pertinent to its role as a subcontractor to complete the Project Scope.
6. The Subgrantee agrees to comply with all applicable reporting requirements for grant recipients at the designated
reporting level as outlined in 09 NCAC 03M .0205 (see Attachment A), including providing a certification that State
financial assistance received was used for the purposes for which it was awarded.
7. The Subgrantee shall not subgrant to or subcontract with any party listed on the governmentwide exclusions in the federal
System for Award Management (SAM), or that is otherwise barred or suspended from contracting with the Federal
Government.
8. If Subgrantees hires consultants, the consultants must be qualified, and Subgrantee must submit documentation showing
competitive selection or justification of single procurement for contract amounts greater than $3,000, in accordance with
2 CFR 200.318-327.
9. The Subgrantee agrees to comply with all applicable requirements of 2 CFR 200.322, as well as the Build America, Buy
America Act (Pub. L. No. 117-58, §§ 70901-52, particularly §§ 70914 of the Act), and complete all necessary
documentation to maintain and certify the Act’s requirements.
10. The Subgrantee agrees to permit periodic audits and site inspections by the Department to ensure work progress in
accordance with the approved Project Scope, including a required close-out inspection upon project completion. After
project completion, the Subgrantee agrees to conduct contract compliance inspections at least once every five (5) years
and to submit a Department-provided inspection report to the Department.
11. The Subgrantee agrees land acquired with LWCF assistance shall be dedicated in perpetuity as a recreation site for the
use and benefit of the public, the dedication and Federal Award Identification Number (FAIN) will be recorded in the deed
of said property and the property may not be converted to other than public recreation use without prior approval of the
Department and U.S. Department of Interior. The Subgrantee agrees to maintain and manage LWCF -assisted
development/renovation projects for public recreation in perpetuity after project completion. Conversions to other than
public recreation use are governed by federal law and the LWCF Manual and require prior approval.
12. The Subgrantee agrees to operate and maintain the project site so to appear attractive and inviting to the public, kept in
safe repair and condition, and open for public use at reasonable hours and times of the year, according to the type of
facility and area.
13. The Subgrantee shall agree to place all utility lines developed with LWCF assistance underground.
14. If the project site is rendered unusable for any reason whatsoever, the Subgrantee agrees to immediately notify the
Department of said conditions and to make repairs, at its own expense, in order to restore use and enjoyment of the
project by the public in a timely manner.
Section IV. Project Termination and Applicant Eligibility
1. The Subgrantee may unilaterally rescind this Contract at any time prior to the expenditure of funds by the Department
on the project described in this Contract by providing written notice to the Department.
2. Termination by Mutual Consent: The Parties may terminate this Contract by mutual consent with 60 calendar days’ notice
in a writing signed by the Parties, or as otherwise provided by law.
3. Termination for Cause: If, through any cause, the Subgrantee shall fail to fulfill its obligations under this Contract in a
timely and proper manner, the Department shall have the right to terminate this Contract by giving written notice to the
Subgrantee and specifying the effective date thereof.
HC BOC 111225 ws Pg. 84
LWCF Contract #37-01104
Page 5 of 12
4. Termination for Convenience: The Department may terminate this Contract for convenience or when it determines, in its
sole discretion, that continuing the Contract would not produce beneficial results in line with the further expenditure of
funds, by providing the Subgrantee with ___ calendar days written notice.
5. Effect of Termination: In the event the Contract is terminated by either party, the Subgrantee shall be paid for services
satisfactorily completed, less payment or compensation previously made. Unexpended funds held by the Subgrantee shall
revert to the Department or the U.S. Department of the Interior. The Subgrantee will not incur new obligations for the
terminated portion of the Contract and will cancel as many outstanding obligations as possible, after it has received the
notification of termination from the Department or has provided Department with the same, in the event that Subgrantee
is terminating the contract. Costs incurred after receipt or provision of termination notice will be disallowed. The
Subgrantee shall not be relieved of any liability to the Department because of any breach of the Contract by the
Subgrantee. The Department may, to the extent authorized by law, withhold payments to the Subgrantee for the purpose
of set-off until the exact amount of damages due the Department from the Subgrantee is determined.
6. Failure by the Subgrantee to comply with the provisions and conditions set forth in the formal application and this
Contract may, in the Department’s sole discretion, result in the Department declaring the Subgrantee ineligible for further
LWCF grant awards, in addition to any other remedies provided by law, until such time as compliance has been obtained
to the satisfaction of the Department.
7. Waiver by the Department of any default or breach in compliance with the terms of this Contract by the Subgrantee shall
not be deemed a waiver of any subsequent default or breach and shall not be construed to be modification of the terms
of this Contract unless stated to be such in writing, signed by an authorized representative of the Department and the
Subgrantee and attached to the Contract.
8. Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing
such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake,
hurricane, tornado, or other catastrophic natural event or act of God.
Section V. General Terms
1. No assignment of the Subgrantee's obligations or the Subgrantee's right to receive payment hereunder shall be permitted.
However, upon written request approved by the Department, the Department may:
a. Forward the Subgrantee's payment check(s) directly to any person or entity designated by the Subgrantee, or
b. Include any person or entity designated by Subgrantee as a joint payee on the Subgrantee's payment check(s). In
no event shall such approval and action obligate the Department to anyone other than the Subgrantee and the
Subgrantee shall remain responsible for fulfillment of all Contract obligations.
2. Except as otherwise provided herein, this Contract shall inure to the benefit of and be binding upon the Parties hereto and
their respective successors. It is expressly understood and agreed that the enforcement of the terms and conditions of this
Contract, and all rights of action relating to such enforcement, shall be strictly reserved to the Department, the Subgrantee,
and the U.S. Department of the Interior. Nothing contained in this document shall give or allow any claim or right of action
whatsoever by any other third person. It is the express intention of the Department and Subgrantee that any such person
or entity receiving services or benefits under this Contract shall be deemed an incidental beneficiary only.
3. To the extent allowed by law, the Subgrantee shall hold and save the State, its officers, agents, and employees, harmless
from liability of any kind, including all claims and losses accruing or resulting to any other person, firm, or corporation
furnishing or supplying work, services, materials, or supplies in connection with the performance of this Contract, and from
any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by
the Subgrantee in the performance of this Contract and that are attributable to the negligence or intentionally tortious
acts of the Subgrantee.
4. All notices permitted or required to be given by one party to the other and all questions about the Contract from one party
to the other shall be addressed and delivered to the other party’s Contract Administrator. The name, post office address,
street address, telephone number, fax number, and email address of the Parties’ respective initial Contract Administrators
HC BOC 111225 ws Pg. 85
LWCF Contract #37-01104
Page 6 of 12
are set out below. Either party may change the post office address, street address, telephone number, fax number, or
email address of its Contract Administrator by giving written notice to the other party within thirty (30) calendar days of
such change. The Subgrantee shall not substitute key personnel assigned to the performance of this Contract without prior
approval by the Department’s Contract Administrator.
Department Contract Administrator Subgrantee Contract Administrator
NC Department of Natural and Cultural Resources
Division of Parks and Recreation
Attention: Vonda Martin, Manager of Grants and Outreach
1615 Mail Service Center
Raleigh, NC 27699-1615
Telephone: 919-707-9338
Email: Vonda.martin@ncparks.gov
Subgrantee: Harnett County
Attention: Carl Davis
Address: 455 McKinney Pkwy, Lillington, NC 27546
Telephone: 910-893-7518
Email: cdavis@harnett.org
5. The Subgrantee agrees to comply with all applicable federal, state and local laws, ordinances, codes, rules, regulations,
and licensing requirements that are applicable to this Contract (including, but not limited to, the LWCF grant program
legislation (54 U.S.C. §200301, et seq.); 2 CFR 200.92, 200.101, and 200.332) and the conduct of its normal operations,
including, but not limited to, purchasing, construction, land acquisition, fiscal management, equal employment
opportunity, accessibility, and the environment.
6. The Subgrantee shall comply with all federal and State laws relating to equal employment opportunity. The Subgrantee
shall take affirmative action in complying with all Federal and State requirements concerning fair employment and
employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination
by reason of race, color, religion, sex, national origin, or disability.
7. In accordance with North Carolina Executive Order 24 (signed October 18, 2017), the Subgrantee agrees not to discriminate
against any person on the basis of race, color, ethnicity, national origin, age, disability, sex, pregnancy, religion, Nation al
Guard or veteran status, sexual orientation, gender identity or expression in the use of any property or facility acquired or
developed pursuant to this Contract.
8. The Subgrantee agrees it provides a drug-free workplace in accordance with the requirements of the Drug-Free Workplace
Act of 1988 (41 USC 8103).
9. The Subgrantee will comply with all applicable requirements of 2 CFR § 200.216, which prohibits subrecipients from
obligating or expending loan or grant funds on certain telecommunications and video surveillance services or equipment.
10. The Subgrantee will comply with all applicable requirements of 2 CFR § 200.323 and section 6002 of the Solid Waste
Disposal Act, as amended by the Resource Conservation and Recovery Act.
11. The Subgrantee shall have on file with the Department a copy of the Subgrantee's policy addressing conflicts of interest
that may arise involving the Subgrantee's management employees and the members of its governing body as set forth in
N.C.G.S. § 143C-6-23(b). The policy shall address situations in which any of these individuals may directly or indirectly
benefit, except as the Subgrantee's employees or members of its board or other governing body, from the Subgrantee's
disbursing of state funds and local matching funds and shall include actions to be taken by the Subgrantee or the individual,
or both to avoid conflicts of interest and the appearance of impropriety. The policy shall be filed before the Department
may disburse the grant funds. Subgrantee shall at all times comply with the Subgrantee’s conflict of interest policy.
12. The Subgrantee shall abide by the requirements of 31 U.S.C. §1352 (Byrd -Anti Lobbying Amendment). In addition, the
Subgrantee shall complete Attachment D (Certification Regarding Lobbying) and abide by all requirements of the same.
13. Except as otherwise provided herein or unless superseded by applicable federal or State statute of limitations, all promises,
indemnifications, requirements, terms conditions, provisions, representations, guarantees, and warranties contained
herein shall survive the Contract expiration or termination date.
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LWCF Contract #37-01104
Page 7 of 12
14. This Contract may not be amended orally or by performance. Amendments shall be made in writing on a form prepared
by the Department and duly executed by an authorized representative of the Department and the Subgrantee.
15. If any provisions of this Contract are held to be invalid, illegal, or unenforceable, the remaining provisions shall remain i n
full force and effect.
16. If eligible, the Subgrantee and all Subgrantees shall: (a) ask the North Carolina Department of Revenue for a refund of all
sales and use taxes paid by them in the performance of this Contract, pursuant to N.C.G.S. § 105 -164.14; and (b) exclude
all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their reimbursement
reports.
17. Travel expenses shall not be reimbursed in the performance of this Contract. If travel is necessary in the performance of
this Contract, it shall be included in the approved project budget and narrative.
18. N.C.G.S. §133-32 and Executive Order 24 prohibit the offer to, or acceptance by, any state employee of any gift from anyone
with a contract with the state, or from any person seeking to do business with the state. By execution of any response in
this procurement, the Subgrantee attests, for its entire organization and its employees or agents, that it is not aware that
any such gift has been offered, accepted, or promised by the organization or any of its employees or agents.
19. This Contract and any documents incorporated specifically by reference represent the entire agreement between the
Parties as to the subject matter herein and supersede all prior oral or written statements or agreements. This Contract
and any addenda thereto, are incorporated herein by reference as though set forth verbatim.
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LWCF Contract #37-01104
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Section VI. Signature
In witness whereof, the Department and the Subgrantee have executed this Contract in duplicate originals, one of which is
retained by each of the Parties.
(Notary Public Completes)
State of North Carolina
County of
On this _________ day of __________________, , ____________________________________________
personally appeared before me the said named ________________________________________, to me known and known to
me to be the person described in and who executed the foregoing instrument, and he (or she) acknowledged that he (or she)
executed the same and being duly sworn by me, made oath that the statements in the foregoing instrument are true.
My commission expires: __________________, 20______.
(Seal Here)
Signature of Notary Public
North Carolina Department of Natural and Cultural Resources
Pamela B. Cashwell, Secretary
By:
Department Head or Authorized Agent
for Secretary Pamela B. Cashwell
Title Date
Harnett County
Name of Subgrantee (Local Government) Signature of Subgrantee (Chief Elected Official)
Typed or Printed Name of Official Title of Official
Date
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LWCF Contract #37-01104
Page 9 of 12
Attachment A
Notice of Certain Reporting and Audit Requirements
The Subgrantee shall comply with all rules and reporting requirements established by State statute or administrative rules. For
convenience, the reporting requirements are set forth in this Attachment.
Reporting Thresholds.
There are three reporting levels established for grantees and Subgrantees receiving State financial assistance. Reporting levels
are based on the level of State financial assistance from all funding sources. The reporting levels are:
(1) Level I – A grantee or subgrantee that receives, holds, uses, or expends State financial assistance in an amount less
than twenty-five thousand dollars ($25,000) within its fiscal year.
(2) Level II - A grantee or subgrantee that receives, holds, uses, or expends State financial assistance in an amount of
at least twenty-five thousand ($25,000) or greater, but less than five hundred thousand dollars ($500,000) within its
fiscal year.
(3) Level III – A grantee or subgrantee that receives, holds, uses, or expends State financial assistance in an amount
equal to or greater than five hundred thousand dollars ($500,000) within its fiscal year.
Reporting requirements for grantees that meet the following reporting standards on an annual basis:
(1) All grantees and subgrantees shall provide a certification that State financial assistance received or, held was used
for the purposes for which it was awarded.
(2) All grantees and subgrantees shall provide an accounting of all State financial assistance received, held, used, or
expended.
(3) Level II and III grantees and subgrantees shall report on activities and accomplishments undertaken by the
Subgrantee, including reporting on any performance measures established in this Agreement.
(4) Level III grantees and subgrantees shall have a single or program-specific audit prepared and completed in
accordance with Generally Accepted Government Auditing Standards, also known as the Yellow Book.
All reports shall be filed with the Department in the format and method specified by the Department no later than three (3)
months following the end of the Subgrantee's fiscal year. Audits must be provided to the Department no later than nine (9)
months following the end of the Subgrantee's fiscal year. The Subgrantee shall use the reporting package forms provided by
the Department in making and submitting reports to the Department.
Unless prohibited by law, the costs of audits made in accordance with the provisions of this Agreement shall be allowable
charges to State and Federal awards. The charges may be considered a direct cost or an allocated indirect cost, as determined
in accordance with cost principles outlined in the Code of Federal Regulations, 2 CFR Part 200. The cost of any audit not
conducted in accordance with this Agreement shall not be charged to State awards.
Notwithstanding the provisions of this Agreement, a grantee may satisfy the reporting requirements of this Agreement by
submitting a copy of the report required under federal law with respect to the same funds.
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LWCF Contract #37-01104
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Attachment B
Scope of Work
North Carolina Division of Parks and Recreation
Land and Water Conservation Fund – Grants Program for Local Governments
Subgrantee: Harnett County
Title of Project: Neill’s Creek Park Ph I
Project Number: 37-01104
Grant Agreement Number: P25AP01570
Amount of Grant: $500,000
Amount of Match: $500,000
Contact Person for Project: Carl Davis
Title: Director
Address: 455 McKinney Pkwy, Lillington, NC 27546
Telephone: 910-893-7518
Contact email address: cdavis@harnett.org
Scope of Project: To improve Neill’s Creek Park. This project will: install new playground, walkways, a
picnic shelter, restroom, parking, entrance road, storm drainage, water and suage service, landscaping,
general site improvements, and signage.
Length of Project: 36 months (October 1, 2025-September 30, 2028)
Schedule for Reimbursements:
Grantee may submit bills quarterly after a significant portion of work has been completed on the project
element(s). No more than 90% of the grant will be reimbursed until the grantee completes the project
elements specified in the grant (refer to detailed budget submitted with grant application).
The Subgrantee’s grant application and support documentation are, by reference, part of the contract.
The Land and Water Conservation Fund administrative manual are, by reference, a part of the contract.
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LWCF Contract #37-01104
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Attachment C: Construction Assurances
As applicable, I certify that the Subgrantee:
1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability (includin g
funds sufficient to pay the non-Federal share of project costs) to ensure proper planning, management and completion
of project described in this application.
2. Will give the Department, the Comptroller General of the United States and, if appropriate, the State, the right to
examine all records, books, papers, or documents related to the assistance; and will establish a proper accounting system
in accordance with generally accepted accounting standards or agency directives.
3. Will not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and
facilities without permission and instructions from the Department. Will record the Federal awarding agency directives
and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to
assure non-discrimination during the useful life of the project.
4. Will comply with the requirements of the Department with regard to the drafting, review and approval of construction
plans and specifications.
5. Will provide and maintain competent and adequate engineering supervision at the construction site to ensure that the
complete work conforms with the approved plans and specifications and will furnish progressive reports and such other
information as may be required by the Department.
6. Will initiate and complete the work within the applicable time frame after receipt of approval of the Department.
7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the
appearance of personal or organizational conflict of interest, or personal gain.
8. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed standards
of merit systems for programs funded under one of the 19 statutes or regulation specified in Appendix A of the OPM’s
Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart FJ.
9. Will comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. §§4801 et seq.) which prohibits the use of
lead-based paint in construction or rehabilitation of residence structures.
10. Will comply with all Federal statutes relating to non-discrimination. These include but are not limited to: (a) Tille V1of
the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; {b)
Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686), which prohibits
discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29) U.S.C. §794), which
prohibits discrimination on the basis of handicaps; d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§6101 -
6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L.92 -
255), as amended relating to non-discrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L.91 -616), as amended, relating to non-
discrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912
(42 U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;
(h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, rela ting to nondiscrimination in the
sale, rental or financing of housing; (i) any other non -discrimination provisions in the specific statue(s) under which
application for Federal assistance is being made; and OJ the requirements of any other nondiscrimination statue(s) which
may apply to the application.
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LWCF Contract #37-01104
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11.Will comply or has already complied with the requirements of Titles II and III of the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons
displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply
to all interests in real property acquired for project purposes regardless of Federal participation in purchase.
12.Will comply with the provisions of the Hatch Act (5 U.S.C.§§1501-1508 and 7324-7328) which limit the political activities
of employees whose principal employment activities are funded in whole or in part with federal funds.
13.Will comply, as applicable, with the provisions of the Davis-Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act (40
U.S.C. §276c and 18 U.S.C. §874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§327-333) regarding
labor standards for federally-assisted construction subagreements.
14.Will comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973
(P.L. 93-234) which requires recipients in a special flood hazard area to participate in the program and to purchase flood
Insurance if the total cost of insurable construction and acquisition is $10,000 or more.
15.Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91- 190) and Executive
Order (EO) 11514: (b) notification of violating facilities pursuant to EO11738: (c) protection of wetlands pursuant to
EO11990: (d) evaluation of flood hazards in flood plains In accordance with EO 11988; (e) assurance of project
consistency with the approved State management program developed under the Coastal Zone Management Act of 1972
(16 U.S.C. §§1451 et seq.); (f) conformity of Federal actions to State (Clean Air) implementation plans under Section
176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of
drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) protection of endangered
species under the Endangered Species Act of 1973, as amended (PL 93 -205).
16.Will comply with the Wild and Scenic Rivers Act of 1966 (16 U.S.C. §§1271 et seq.) related to protecting components or
potential components of the national wild and scenic rivers system.
17.Will assist the Department in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as
amended (16 U.S.C. §470), EO11593 (identification and protection of historic properties), and the Archeological and
Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et seq).
18.Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act
Amendments of 1996 and 0MB Circular No. A-133, Audits of States, Local Governments, and Non-profit Organizations.”
19.Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies
governing this program.
20.Will comply with the requirements of Section 106 (g) of the Trafficking Victims Protection Act (TVPA) of 2000, as
amended (22 U.S.C. 7104) which prohibits grant award recipients or a sub -recipient from (1) Engaging in severe forms of
trafficking in persons during the period of time that the award is in effect; (2) Procuring a commercial sex act during the period
of time that the award is in effect; or (3) Using forced labor in the performance of the award or subawards under the award.
HC BOC 111225 ws Pg. 92
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Board Meeting
Agenda Item
MEETING DATE: November 17, 2025
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Proposed Zoning Change from the RA-20R to Commercial Zoning District,
PLAN2509-0001
REQUESTED BY: Mark Locklear, Development Services
REQUEST:
Proposed Zoning Change:Landowner / Applicant: B & B Land Holdings, LLC-Ron
Burgess / Greg Bagley; 6.26 +/- acres; Pin # 0549-91-0349.000; From RA-20R to
Commercial Zoning District; Lillington Township; Intersection of NC Hwy 210 South
& SR # 1133 (Shawtown Road). In conjunction with the rezoning request, a Land Use
Map Amendment from Medium Density Residential to the Commercial Mixed Use will
be considered.
Development Services is recommending approval of the proposed rezoning from the
RA-20R to the Commercial zoning district, and is recommending that the land use
classification is amended to Commercial Mixed Use. Staff found that the requested
rezoning to the Commercial zoning district would not have and unreasonable impact on
the surrounding community. The request is consistent with two strategies outlined in
the Harnett Horizons 2040 Comprehensive Land Use Plan that encourage commercial
growth. Additionally, the subject property has access to a major corridor and county
water, and it is compatible with the adjacent property to the north, which is zoned
Light Industrial within the Town of Lillington's jurisdiction.
Additional Information:
At the November 3, 2025, Planning Board, the board voted (3-0) to recommend that the
rezoning request be APPROVED, and that the land use classification be amended to
Commercial Mixed Use.
No one spoke in opposition.
HC BOC 111225 ws Pg. 93
Item 11
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FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
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STAFF REPORT Page 1 of 12
REZONING STAFF REPORT
Case: PLAN2509-0001
Sarah Arbour, Planner II
sarbour@harnett.org
Phone: (910) 814-6414 Fax: (910) 814-8278
Planning Board: November 3, 2025 County Commissioners: November 17, 2025
Requested rezoning from the RA-20R, Residential/Agricultural Zoning District to the Commercial Zoning
District
Applicant Information
Owner of Record: Applicant:
Name: Ron Burgess: B&B Land Holdings, LLC Name: Greg Bagley
Address: PO Box 1867 Address: 32 E. Depot Street
City/State/Zip: Lillington , NC 27546 City/State/Zip: Angier, NC 27501
Property Description
PIN(s): 0549-91-0349.000 Acreage: +/-6.259
Address/SR No.: Located at the intersection of NC 210 S. and SR 1133, Shawtown Rd. – Lillington
Township:
Johnsonville
Lillington
Neill’s Creek
Stewart’s Creek
Upper Little River
Anderson Creek
Averasboro
Barbecue
Black River
Buckhorn
Duke
Grove
Hectors Creek
Vicinity Map
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STAFF REPORT Page 2 of 12
Physical Characteristics
Site Description: The site consists of a vacant parcel located at the intersection of NC 210 South and
Shawtown Road in Lillington. The property features three street frontages—one along NC 210 South and two along
Shawtown Road. The site is situated adjacent to a satellite annexation of the Town of Lillington and lies
approximately 1 mile outside of the town’s incorporated limits.
Surrounding Land Uses: Surrounding land uses are primarily agricultural, with established residential
development to the west.
Background:
This section of the NC 210 S. corridor is changing in character as Lillington continues to expand their current
incorporated limits southward through satellite annexations. The property located immediately to the north was
recently annexed into the town of Lillington and zoned for light industrial use .
Services Available
Water:
Public (Harnett County)
Private (Well)
Other: Unverified
Sewer:
Public (Harnett County)
Private (Septic Tank)
Other: Public Sewer, Town of
Lillington.
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STAFF REPORT Page 3 of 12
Transportation:
The Annual Average Daily Traffic trips for this section of Shawtown Road are 850, and 10,500 for this
section of NC 210 South.
Site Distances: North (NC 210 S. Towards Lillington): Good
South (NC 210 S. Towards Fayetteville): Poor due to the hill before the intersection of NC
210 S., Shawtown Rd. and Joel Johnson Rd.
East and West (Shawtown Rd.) Good
Zoning District Compatibility
Current
Requested
Parks & Rec X X
Natural Preserves X X
Bona Fide Farms X X
Single Family X
Manufactured Homes,
(with design criteria) X
Manufactured Homes
X
Multi-Family X
Institutional X or SUP
Commercial Services
SUP X
Retail X
Wholesale
SUP
Industrial
Manufacturing
The following is a summary list of potential uses. For all
applicable uses for each Zoning district please refer to
the UDO’s Table of Uses
Zoning Districts
Requested
COMMERCIAL
The purpose of the Commercial/Business District (COMM) to accommodate the widest variety
of commercial, wholesale, and retail businesses in areas that are best located and suited for such
uses.
Current & Surrounding
RA-20R
The RA-20R Residential/Agricultural District (RA-20R) is established primarily to support agricultural
and residential development. Inclusive in such higher density residential developments may consist
of single-family dwellings, multifamily dwellings, and duplexes.
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STAFF REPORT Page 4 of 12
Land Use Classification Compatibility
ZONING LAND USES
Commercial Medium Density
Residential
Parks & Rec X X
Natural Preserves X X
Bona Fide Farms X X
Single Family X
Manufactured Homes,
Design Regulated X
Manufactured Homes X
Multi-Family X
Institutional X X or SUP
Commercial Service X
SUP
Retail X
Wholesale SUP
Industrial
Manufacturing
The above is a summary list of potential uses. For all
applicable uses for each Zoning district, please refer to the
UDO’s Table of Uses.
Land Use Compatibility
Harnett Horizons 2040 Comprehensive Land Use Plan
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STAFF REPORT Page 5 of 12
Site Photographs
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STAFF REPORT Page 6 of 12
Across Street
Across NC 210 S. - East Across Shawtown Rd. -South
Shawtown Rd. – West North View
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STAFF REPORT Page 7 of 12
Road View
NC 210 S. – North Towards Lillington NC 210 S. – South towards Fayetteville
Shawtown Rd. – North Towards Lillington Shawtown Rd. – South
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STAFF REPORT Page 8 of 12
Evaluation
Yes No A. The proposal will place all property similarly situated in the area in the
same category, or in appropriate complementary categories.
The intersection of NC 210 S. and Shawtown Rd. has been transitioning away from its
agricultural and residential character since the recent annexation and rezoning to
Light Industrial of the parcel located immediately to the north. Shawtown Rd. and NC
210 N. serve as a boundary between the subject property and properties currently
used for non-commercial purposes.
Yes No B. There is a convincing demonstration that all uses permitted under the
proposed district classification would be in the interest of the general public
and not merely the interest of the individual or small group.
All uses permitted in the Commercial Zoning district would be in the interest of the
general public because the uses permitted in the Commercial Zoning district will
encourage rural businesses and increase investment potential on NC 210 S., a major
gateway in Harnett County.
Yes No C. There is a convincing demonstration that all uses permitted under the
proposed district classification would be appropriate in the area included in
the proposed change. (When a new district designation is assigned, any use
permitted in the district is allowable, so long as it meets district
requirements, and not merely uses which applicants state they intend to
make of the property involved.)
There is a convincing demonstration that all uses permitted under the proposed
zoning district classification would be appropriate in the area included in the proposed
change. The property has access to a major thoroughfare, NC 210 S., is adjacent to a
property in the town limits of Lillington zoned “Light Industrial”, and has access to the
county water system. Additionally, the property has a flat topography and sufficient
area to accommodate the uses permitted in the Commercial zoning district.
Yes No D. There is a convincing demonstration that the character of the
neighborhood will not be materially and adversely affected by any use
permitted in the proposed change.
There is a convincing demonstration that the character of the neighborhood will not
be materially and adversely affected by the uses permitted in the requested zoning
district. The uses permitted in the Commercial zoning district are more compatible
with the uses permitted in the town of Lillington’s Light Industrial zoning classification
than uses permitted in the current zoning district, RA-20R. Further, the County may
experience benefits from future commercial development such as an increase in
employment opportunities and local investment.
Yes No E. The proposed change is in accordance with the comprehensive plan and
sound planning practices.
Harnett County Future Land Use Map
The proposed rezoning to Commercial is not compatible with the current land
use classification, Medium Density Residential. Approval of the proposed
rezoning to Commercial will automatically amend the future land use
classification to “Commercial Mixed Use”.
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STAFF REPORT Page 9 of 12
Commercial Mixed Use: These areas are located along major roads
and include a mix of commercial land uses and some residential uses.
This character area is home to medium-to-large-scale retail, services,
restaurants, offices and other businesses. Residential uses may
include single-family homes, townhomes, missing middle housing
types and occasionally apartments.
Procedure for Amending the Future Land Use Classification When in
Conflict with the Requested Zoning District
Pursuant to G.S. 160D-605(a) :
Land Use Plan Amendments
Made in Conjunction with Zoning Map/Change Amendments
Where a proposed zoning change petition conflicts with the Land Use Plan, the Planning
Staff may also request a Land Use Plan amendment, to be considered simultaneously with
the zoning district change request, as outlined herein.
A. In such a case, the Planning Board and County Board of Commissioners shall
consider the plan
amendment proposal and the zoning change petition separately, and shall vote
separately on the
two (2) items (though the votes may occur simultaneously).
B. The Planning Board shall submit its report and recommendation regarding the Land
Use Plan
amendment to Board of Commissioners at the same time it submits its report and
recommendation regarding the zoning change petition.
C. For the purposes of this Section, Land Use Plan amendments will automatically be
advertised in
conjunction with the zoning district change request.
Harnett Horizons 2040 Comprehensive Land Use Plan
The proposed change is zoning is in accordance with the following strategies
from the Harnett Horizons 2040 Comprehensive Land Use Plan:
Strategy 4C: Encourage investment on potential commercial corridors that will serve
as gateways into the County. Major gateways include I-95, US 401, US 421, NC 87,
NC 210, NC 55. Other potential gateways could be key entries to proposed village
districts.
Strategy 4D: Encourage rural businesses while limiting impacts on existing uses.
D.1: Allow for a variety of small-scale businesses in rural areas.
Sound Planning Practices
The requested change is zoning is in accordance with sound planning practices for the
following reasons:
-The parcel will utilize the County’s water system and has access to a major
throughfare, NC 210 S.
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STAFF REPORT Page 10 of 12
-The property is adjacent to a property located in the town limits of Lillington with a
“Light Industrial” Zoning Classification.
-The requested rezoning is in accordance with strategies to encourage more
commercial investment in the county.
Suggested Statement-of-Consistency (Staff concludes that…)
As stated in the evaluation, the requested rezoning to Commercial would not have an unreasonable
impact on the surrounding community. The request is consistent with two strategies outlined in the
Harnett Horizons 2040 Comprehensive Land Use Plan that encourage commercial growth. The subject
property has access to a major corridor and county water, and it is compatible with the adjacent property
to the north, which is zoned Light Industrial within the Town of Lillington’s jurisdiction.
Therefore, it is recommended that the requested rezoning is APPROVED and the future land use map
reclassified as Commercial Mixed Use.
Additional Information
At the November 3, 2025 Planning Board, the board voted (3-0) to recommend that the rezoning request
be approved and to amend the land use classification to Commercial Mixed-Use.
No one spoke in opposition.
Standards of Review and Worksheet
TYPICAL REVIEW STANDARDS
The Planning Board shall consider and make recommendations to the County Board of Commissioners
concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning
Board concerning zoning districts and no proposed zoning district will receive favorable recommendation
unless:
Yes No A. The proposal will place all property similarly situated in the area in the same category,
or in appropriate complementary categories.
Yes No B. There is convincing demonstration that all uses permitted under the proposed
district classification would be in the general public interest and not merely in the
interest of the individual or small group.
Yes No C. There is convincing demonstration that all uses permitted under the proposed district
classification would be appropriate in the area included in the proposed change. (When
a new district designation is assigned, any use permitted in the district is allowable, so
long as it meets district requirements, and not merely uses which applicants state they
intend to make of the property involved.)
Yes No D. There is convincing demonstration that the character of the neighborhood will not be
materially and adversely affected by any use permitted in the proposed change.
Yes No E. The proposed change is in accordance with the comprehensive plan and sound
planning practices.
GRANTING THE REZONING REQUEST
Motion to grant the rezoning upon finding that the rezoning is reasonable based on All of the above
findings of fact A-E being found in the affirmative and that the rezoning advances the public interest.
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Small Scale Rezoning Evaluation
DENYING THE REZONING REQUEST
Motion to deny the rezoning upon finding that the proposed rezoning does not advance the public interest
and is unreasonable due to the following:
The proposal will not place all property similarly situated in the area in the same category, or in
appropriate complementary categories.
There is not convincing demonstration that all uses permitted under the proposed district
classification would be in the general public interest and not merely in the interest of the
individual or small group.
There is not convincing demonstration that all uses permitted under the proposed district
classification would be appropriate in the area included in the proposed change. (When a new
district designation is assigned, any use permitted in the district is allowable, so long as it
meets district requirements, and not merely uses which applicants state they intend to make of
the property involved.)
There is not convincing demonstration that the character of the neighborhood will not be
materially and adversely affected by any use permitted in the proposed change.
The proposed change is not in accordance with the comprehensive plan and sound planning
practices.
The proposed change was not found to be reasonable for a small scale rezoning
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STAFF REPORT Page 1 of 11
REZONING STAFF REPORT
Case: PLAN2510-0001
Sarah Arbour, Planner II
sarbour@harnett.org
Phone: (910) 814-6414 Fax: (910) 814-8278
Planning Board: November 3, 2025 County Commissioners: November 17, 2025
Requested rezoning from the RA-20M, Residential/Agricultural Zoning District to the Commercial Zoning
District
Applicant Information
Owner of Record: Applicant:
Name: Kelley Inez Marsh F/K/A Kelly Bullock Hasapis,
Darius Marsh, & Angelo K. Hasapis
Name: 4C Development, LLC (Wesley Campbell)
Address: 1970 Lemuel Black Rd. Address: 418 Peanut Plant Rd.
City/State/Zip: Bunnlevel, NC 27323 City/State/Zip: Elizabethtown, NC 28337
Property Description
PIN(s): 0504-92-7415.000 Acreage: 5.32 +/-
Address/SR No.: Located at the intersection of Ray Rd. and McKay Dr. in Spring Lake
Township:
Johnsonville
Lillington
Neill’s Creek
Stewart’s Creek
Upper Little River
Anderson Creek
Averasboro
Barbecue
Black River
Buckhorn
Duke
Grove
Hectors Creek
Vicinity Map
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Physical Characteristics
Site Description: The site is a vacant and wooded parcel approximately 5.32 +/- acres in area located at the
intersection of McKay Dr. and Ray Rd. in Spring Lake.
Surrounding Land Uses: Surrounding land uses consists of single-family residential homes, a manufactured
home park, and various commercial uses.
Background:
The site, which previously consisted of 6 parcels varying in size, was recombined to meet the minimum lot size
requirements of the Commercial Zoning District. The recombination was recorded September 12, 2025.
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Services Available
Water:
Public (Harnett County)
Private (Well)
Other: Unverified
Sewer:
Public (Harnett County)
Private (Septic Tank)
Other:
Transportation:
The Annual Average Daily Traffic counts for this section of Ray Road are 14,000, and 900 for McKay
Drive.
Site Distances: Ray Rd, North & South: Good
McKay Dr. East & West: Good
Zoning District Compatibility
Current
RA-20M
Requested
Comm
Parks & Rec X X
Natural Preserves X X
Bona Fide Farms X X
Single Family X
Manufactured Homes,
(with design criteria) X
Manufactured Homes
X
Multi-Family X
Institutional X or SUP
Commercial Services
SUP X
Retail X
Wholesale
SUP
Industrial
Manufacturing
The following is a summary list of potential uses. For all
applicable uses for each Zoning district please refer to
the UDO’s Table of Uses.
Zoning Districts
Current
RA-20M
The RA-20M Residential/Agricultural District (RA-20M) is established primarily to support agricultural and
residential development. Inclusive in such higher density residential developments may consist of single
-family dwellings, multifamily dwellings, duplexes, and manufactured home parks.
Requested
Commercial
It is the purpose of the Commercial/Business District (COMM) to accommodate the widest variety of
commercial, wholesale, and retail businesses in areas that are best located and suited for such uses.
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Military Corridor Overlay District
Land Use Classification Compatibility
ZONING LAND USES
Commercial Medium Density
Residential
Parks & Rec X X
Natural Preserves X X
Bona Fide Farms X X
Single Family X
Manufactured Homes,
Design Regulated X
Manufactured Homes X
Multi-Family X
Institutional X X or SUP
Commercial Service X
SUP
Retail X
Wholesale SUP
Industrial
Manufacturing
The above is a summary list of potential uses. For all
applicable uses for each Zoning district, please refer to the
UDO’s Table of Uses.
Purpose
The main purpose of this district is to
ensure the compatibility between air
and exercise operations associated
with local military installations
occurring at varying hours and land
uses on properties nearby, in terms of
potential interference with safe aircraft
operations, potential threats from
falling aircraft, potential impacts of
noise, and potential adverse impacts
of other military operations and
practices, such as small arms and
artillery training and exercises, and
prescribed or controlled burning of
forested land. Compatibility of land
uses is encouraged within the five (5)
mile area surrounding the local military
installation to further the purpose of
the installation, as well as to preserve
the quality of life of surrounding
property owners.
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Land Use Compatibility
Harnett Horizons 2040 Comprehensive Land Use Plan
Site Photographs
Road View
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Ray Rd. – South View Ray Rd. – North View
McKay Rd. – East View McKay Rd./Highgrove Dr. – West View
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Across Street
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Evaluation
Yes No A. The proposal will place all property similarly situated in the area in the
same category, or in appropriate complementary categories.
The property is located in a mixed-use area with existing commercial and non-
residential uses. Properties with a Commercial zoning designation are adjacent to the
property and across the intersection of McKay Dr. and Ray Rd.
Yes No B. There is a convincing demonstration that all uses permitted under the
proposed district classification would be in the interest of the general public
and not merely the interest of the individual or small group.
All uses permitted in the Commercial Zoning district would be in the interest of the
general public and not merely in the interest of the private property owner. There is
infrastructure to support the permitted uses in the commercial zoning district
available to the property, including a 4-lane road located at a signalized intersection
and county water and sewer services. Commercial use of the property may also
increase investment potential and bring employment opportunities to the community.
Yes No C. There is a convincing demonstration that all uses permitted under the
proposed district classification would be appropriate in the area included in
the proposed change. (When a new district designation is assigned, any use
permitted in the district is allowable, so long as it meets district
requirements, and not merely uses which applicants state they intend to
make of the property involved.)
There is a convincing demonstration that all uses permitted under the proposed
zoning district classification would be appropriate in the area included in the proposed
change. The uses permitted in the Commercial zoning district are compatible with the
surrounding and nearby commercial land uses.
Yes No D. There is a convincing demonstration that the character of the
neighborhood will not be materially and adversely affected by any use
permitted in the proposed change.
There is a convincing demonstration that the character of the neighborhood will not
be materially and adversely affected by the uses permitted in the requested zoning
district. The uses permitted in the Commercial zoning district are compatible with the
nearby non-residential land uses. Further, the neighborhood may experience benefits
from future commercial development such as an increase in employment
opportunities and local investment.
Yes No E. The proposed change is in accordance with the comprehensive plan and
sound planning practices.
Harnett County Future Land Use Map
The proposed rezoning to Commercial is not compatible with the current land
use classification, Medium Density Residential. Approval of the proposed
rezoning to Commercial will automatically amend the future land use
classification to “Commercial Mixed Use”.
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Commercial Mixed Use: These areas are located along major roads
and include a mix of commercial land uses and some residential uses.
This character area is home to medium-to-large-scale retail, services,
restaurants, offices and other businesses. Residential uses may
include single-family homes, townhomes, missing middle housing
types and occasionally apartments.
Procedure for Amending the Future Land Use Classification When in
Conflict with the Requested Zoning District
Pursuant to G.S. 160D-605(a) :
Land Use Plan Amendments
Made in Conjunction with Zoning Map/Change Amendments
Where a proposed zoning change petition conflicts with the Land Use Plan, the Planning
Staff may also request a Land Use Plan amendment, to be considered simultaneously with
the zoning district change request, as outlined herein.
A. In such a case, the Planning Board and County Board of Commissioners shall
consider the plan
amendment proposal and the zoning change petition separately, and shall vote
separately on the
two (2) items (though the votes may occur simultaneously).
B. The Planning Board shall submit its report and recommendation regarding the Land
Use Plan
amendment to Board of Commissioners at the same time it submits its report and
recommendation regarding the zoning change petition.
C. For the purposes of this Section, Land Use Plan amendments will automatically be
advertised in
conjunction with the zoning district change request.
Harnett Horizons 2040 Comprehensive Land Use Plan
The proposed change is zoning is in accordance with the following strategy
from the Harnett Horizons 2040 Comprehensive Land Use Plan:
Strategy 4C: Encourage investment on potential commercial corridors that will serve
as gateways into the County. Major gateways include I-95, US 401, US 421, NC 87,
NC 210, NC 55. Other potential gateways could be key entries to proposed village
districts.
.
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Suggested Statement-of-Consistency (Staff concludes that…)
As stated in the evaluation, the requested rezoning to Commercial would not have an unreasonable
impact on the surrounding community due to the compatibility with the surrounding land uses and the
availability of infrastructure.
Therefore, it is recommended that the requested rezoning is APPROVED and the future land use map
reclassified as Commercial Mixed Use.
Additional Information
At the November 3, 2025 Planning Board, the board voted (3-0) to recommend that the rezoning request
be approved and to amend the land use classification to Commercial Mixed-Use.
No one spoke in opposition.
Standards of Review and Worksheet
TYPICAL REVIEW STANDARDS
The Planning Board shall consider and make recommendations to the County Board of Commissioners
concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning
Board concerning zoning districts and no proposed zoning district will receive favorable recommendation
unless:
Yes No A. The proposal will place all property similarly situated in the area in the same category,
or in appropriate complementary categories.
Yes No B. There is convincing demonstration that all uses permitted under the proposed
district classification would be in the general public interest and not merely in the
interest of the individual or small group.
Yes No C. There is convincing demonstration that all uses permitted under the proposed district
classification would be appropriate in the area included in the proposed change. (When
a new district designation is assigned, any use permitted in the district is allowable, so
long as it meets district requirements, and not merely uses which applicants state they
intend to make of the property involved.)
Yes No D. There is convincing demonstration that the character of the neighborhood will not be
materially and adversely affected by any use permitted in the proposed change.
Yes No E. The proposed change is in accordance with the comprehensive plan and sound
planning practices.
GRANTING THE REZONING REQUEST
Motion to grant the rezoning upon finding that the rezoning is reasonable based on All of the above
findings of fact A-E being found in the affirmative and that the rezoning advances the public interest
DENYING THE REZONING REQUEST
Motion to deny the rezoning upon finding that the proposed rezoning does not advance the public interest
and is unreasonable due to the following:
The proposal will not place all property similarly situated in the area in the same category, or in
appropriate complementary categories.
There is not convincing demonstration that all uses permitted under the proposed district
classification would be in the general public interest and not merely in the interest of the
individual or small group.
There is not convincing demonstration that all uses permitted under the proposed district
classification would be appropriate in the area included in the proposed change. (When a new
district designation is assigned, any use permitted in the district is allowable, so long as it
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meets district requirements, and not merely uses which applicants state they intend to make of
the property involved.)
There is not convincing demonstration that the character of the neighborhood will not be
materially and adversely affected by any use permitted in the proposed change.
The proposed change is not in accordance with the comprehensive plan and sound planning
practices.
The proposed change was not found to be reasonable for a small scale rezoning
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Board Meeting
Agenda Item
MEETING DATE: November 17, 2025
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Proposed Zoning Change from the Commercial to the RA-20R Zoning
District, PLAN2509-0002
REQUESTED BY: Mark Locklear, Development Services
REQUEST:
Proposed Zoning Change: Landowner / Applicant: Mary Lou Mize, Steven Pointer,
Kevin & Kathleen Harris, Nancy Ouellette / Harnett County Development Services;
18.13 +/- acres; Pin #’s 9576-37-2987.000, 9576-28-9973.000, 9576-38-1432.000, 9576-37-
3037.000, 9576-37-3735.000, 9576-37-3220.000, 9576-37-2250.00, 9576-37-2372.000;
From Commercial to RA-20R Zoning District; Barbecue Township; NC 87 N & SR #
1113 (Old NC 87).
Development Services staff is recommending approval of the proposed rezoning from
the Commercial to the RA-20R zoning district. Staff found that the requested rezoning
to the RA-20R zoning district is reasonable based on the compatibility with the current
use of the subject properties, surrounding land uses, and the Harnett Horizons 2040
Comprehensive Land Use plan. It is recommended that this rezoning request be
APPROVED.
Additional Information:
At the November 3, 2025 Planning Board, the board voted (3-0) to recommend that the
rezoning request be approved.
No one spoke in opposition.
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FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
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Board Meeting
Agenda Item
MEETING DATE: November 17, 2025
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Proposed Zoning Change from the RA-20M to the Commercial Zoning
District, PLAN2510-0001
REQUESTED BY: Mark Locklear, Development Services
REQUEST:
Proposed Zoning Change: Landowner / Applicant: Kelley Inez Marsh f/k/a Kelley
Bullock Hasapis, Darius Marsh, Angelo K Hasapis/ 4C Development, LLC-Wesley
Campbell; 5.32 +/- acres; Pin # 0504-92-7415.000; From RA-20M to Commercial
Zoning District; Anderson Creek Township; Intersection of SR # 1121 (Ray Road) &
SR # 1122 (McKay Drive). In conjunction with the rezoning request, a Land Use Map
Amendment from Medium Density Residential to the Commercial Mixed Use will be
considered
Development Services staff is recommending approval of the requested rezoning to
Commercial. Staff found that the requested rezoning would not have an unreasonable
impact on the surrounding community due to the compatibility with the surrounding
land uses and the availability of infrastructure. Therefore, it is recommended that the
requested rezoning is APPROVED and the future land use map reclassified as
Commercial Mixed Use.
Additional Information:
At the November 3, 2025 Planning Board, the board voted (3-0) to recommend that the
rezoning request be approved.
No one spoke in opposition.
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FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
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Docusign Envelope ID: 92F5A5FF-88E0-4A70-9393-C856A1BD3E07Docusign Envelope ID: 0547390B-B3AE-4D49-AC40-1AD4BF7B6F30
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Docusign Envelope ID: 92F5A5FF-88E0-4A70-9393-C856A1BD3E07
9/18/2025
9/18/2025 9/18/2025
Docusign Envelope ID: 0547390B-B3AE-4D49-AC40-1AD4BF7B6F30
10/2/2025 | 11:04 AM EDT
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REZONING STAFF REPORT
Case: PLAN2509-0002
Sarah Arbour, Planner II
sarbour@harnett.org
Phone: (910) 814-6414
Planning Board: November 3, 2025 County Commissioners: November 17, 2025
Requested Rezoning from the Commercial Zoning District/HCO to the RA-20R/HCO,
Residential & Agricultural Zoning District
Applicant Information
Owner of Record: Applicant:
Name: Please see the attached authorization
forms
Name: Harnett County Development Services
Address: Address: 420 McKinney Pkwy.
City/State/Zip: City/State/Zip: Lillington, NC 27546
Property Description
PIN(s): 9576-28-9973.000; 9576-38-1432.000; 9576-37-2987.000; 9576-37-
3735.000; 9576-37-2372.000; 9576-37-2250.000; 9576-37-3220.000;
and 9576-37-3037.000
Acreage:
Address/SR No.: The following addresses located on Old NC 87, Sanford, NC 27332: 786, 810, 824, and
924. The other properties are vacant and do not have a physical address.
Township:
Johnsonville
Lillington
Neill’s Creek
Stewart’s Creek
Upper Little River
Anderson Creek
Averasboro
Barbecue
Black River
Buckhorn
Duke
Grove
Hectors Creek
Vicinity Map
Subject
Properties
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Physical Characteristics
Description of Subject Properties
The subject properties included in this rezoning request consist of 4 parcels used for single-family
residential purposes, and one small, vacant parcel of land. The rear property lines of the subject
properties adjoin the NC 87 N Exit Ramp onto NC HWY 27 W.
Surrounding Land Uses
The surrounding land uses consist of rural, single-family homesites and agricultural activities.
Background
This rezoning petition is being initiated by the Development Services Department as directed by the Board
of Commissioners at the September 16, 2024, Board Meeting. At the Board meeting, staff presented a
rezoning petition as requested by a single property owner, Mr. Jeffrey Branson (Case# PLAN2407-0002).
Mr. Branson requested to rezone his property, 760 Old NC 87, Sanford from the Commercial to the RA-
20R zoning district. Through the review process for Mr. Branson’s rezoning request, staff learned that
other property owners residing on Old NC 87 were also interested in rezoning their properties to the RA-
20R zoning district. Upon learning this information, staff informed the other interested owners that the
Development Services staff would initiate a petition to rezone their properties to RA-20R without charge at
a later date.
Commercial Zoning on Old NC 87
Subject
Properties
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The properties on the east side of Old NC 87 have been zoned Commercial since zoning was adopted for
the Barbecue Township in 2000. The properties along Old NC 87 are currently used for single-family
residential and agricultural purposes and never developed for commercial use.
Case # PLAN2407-0002
Mr. Branson’s property, located at 760 Old NC 87. Mr. Branson’s property was rezoned to RA-20R in September 2024.
Properties Not Included in this Petition
In an effort to reach all impacted property owners, staff mailed letters, went door-to-door, and posted the
sites of the property owners who provided consent for the rezoning early to increase awareness of the
pending rezoning petition in order to include as many interested property owners as possible.
However, a recent update to NC GS 160D-601 requires written consent from the property owner(s) for an
amendment to the zoning map that will result in a reduction of permitted uses of the land that are
specified in a zoning ordinance to fewer uses than were allowed under its previous usage. Therefore, staff
did not include properties on Old NC 87 in the petition if express, written consent was not provided by the
property owner(s).
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Services Available
Water:
Public (Harnett County)
Private (Well)
Other: Unverified
Sewer:
Public (Harnett County)
Private (Septic Tank)
Other:
Transportation:
The annual Average Daily Traffic counts for Old NC 87 are not available.
Old NC HWY 87 is a dead-end road on the north end. The only connecting road is NC Hwy 27.
Site Distances:
Site distances from each of the properties along Old NC 87 is described as good.
Map of Impacted Parcels
Consent to Rezone
No Consent to Rezone
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Zoning District Compatibility
Current
Requested
Parks & Rec X X
Natural Preserves X X
Bona Fide Farms X X
Single Family
Manufactured Homes,
(with design criteria)
Manufactured Homes
Multi-Family
Institutional
Commercial Services
Retail
Wholesale
Industrial
Manufacturing
The following is a summary list of potential uses. For all
applicable uses for each Zoning district please refer to the
UDO’s Table of Uses
Land Use Classification Compatibility
ZONING LAND USES
Commercial Rural Center
Parks & Rec X X
Natural Preserves X X
Bona Fide Farms X X
Single Family
Manufactured
Homes, Design
Regulated
Manufactured
Homes
Multi-Family
Institutional
Commercial
Service
Retail
Wholesale
Industrial
Manufacturing
The above is a summary list of potential uses. For all
applicable uses for each Zoning district, please refer to the
UDO’s Table of Uses.
Rural Center
Agricultural/ Rural Residential
Commercial
RA-30
RA-20R
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Site Photographs
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Across Street
U.S 421 N. East View U.S. 421 N. West View
Cool Springs Rd. South View Cool Springs Rd. North View
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Evaluation
Yes No The proposal will place all property similarly situated in the area in the same
category, or in appropriate complementary categories.
The subject properties are contiguous to the requested zoning district, RA-20R, and would
not require an evaluation for reasonableness as a small-scale rezoning. The properties are
currently used for single-family and agricultural purposes, which are outright permitted uses
in the RA-20R zoning district.
Yes No B. There is a convincing demonstration that all uses permitted under the
proposed district classification would be in the interest of the general public
and not merely the interest of the individual or small group.
There is a convincing demonstration that all uses permitted under the proposed district
would be in the interest of the general public and not merely in the interest of the individual
group. These properties are located in a residential neighborhood and the uses permitted in
the RA-20R zoning district are more compatible with the surrounding land uses than the
uses in the current zoning classification, Commercial.
Yes No C. There is a convincing demonstration that all uses permitted under the
proposed district classification would be appropriate in the area included in
the proposed change. (When a new district designation is assigned, any use
permitted in the district is allowable, so long as it meets district
requirements, and not merely uses which applicants state they intend to
make of the property involved.)
There is convincing evidence that all uses permitted in the proposed district classification
would be appropriate in the area. The uses permitted in the RA-20R zoning district are more
appropriate than the uses incompatible permitted in the current zoning classification,
Commercial.
Yes No D. There is a convincing demonstration that the character of the
neighborhood will not be materially and adversely affected by any use
permitted in the proposed change.
There is a convincing demonstration that the character of the neighborhood will not be
materially and adversely affected by any of the uses permitted in the RA-20R zoning district.
A change of zoning to the requested zoning district would ensure that the character of the
neighborhood remains compatible with the surrounding low-density residential land uses.
Yes No E. The proposed change is in accordance with the comprehensive plan and
sound planning practices.
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The subject properties in the rezoning request have two land use classifications, Rural
Center and Employment Growth Area. The requested zoning district is compatible with the
future land use designations.
Additionally, the proposed change is in accordance with sound planning practices due to
the location of the site, conditions of site access, available utilities and surrounding land
uses, a change of zoning would be in accordance with sound planning practices.
Suggested Statement-of-Consistency (Staff concludes that…)
As stated in the evaluation, the requested rezoning to the RA-20R zoning district is reasonable based on
the compatibility with the current use of the subject properties, surrounding land uses, and the Harnett
Horizons 2040 Comprehensive Land Use plan. It is recommended that this rezoning request be
APPROVED.
Additional Information
At the November 3, 2025 Planning Board meeting, the board voted (3-0) to approve the zoning change
from the Commercial to the RA-20R Zoning District.
There was no one present to speak in opposition.
Standards of Review and Worksheet
TYPICAL REVIEW STANDARDS
The Planning Board shall consider and make recommendations to the County Board of Commissioners
concerning each proposed zoning district. The following policy guidelines shall be followed by the Planning
Board concerning zoning districts and no proposed zoning district will receive favorable recommendation
unless:
Yes No A. The proposal will place all property similarly situated in the area in the same category,
or in appropriate complementary categories.
Yes No B. There is convincing demonstration that all uses permitted under the proposed
district classification would be in the general public interest and not merely in the
interest of the individual or small group.
Yes No C. There is convincing demonstration that all uses permitted under the proposed district
classification would be appropriate in the area included in the proposed change. (When
a new district designation is assigned, any use permitted in the district is allowable, so
long as it meets district requirements, and not merely uses which applicants state they
intend to make of the property involved.)
Yes No D. There is convincing demonstration that the character of the neighborhood will not be
materially and adversely affected by any use permitted in the proposed change.
Yes No E. The proposed change is in accordance with the comprehensive plan and sound
planning practices.
GRANTING THE REZONING REQUEST
Motion to grant the rezoning upon finding that the rezoning is reasonable based on All of the above
findings of fact A-E being found in the affirmative and that the rezoning advances the public interest.
DENYING THE REZONING REQUEST
Motion to deny the rezoning upon finding that the proposed rezoning does not advance the public interest
and is unreasonable due to the following:
HC BOC 111225 ws Pg. 140
STAFF REPORT Page 10 of 10
The proposal will not place all property similarly situated in the area in the same category, or in
appropriate complementary categories.
There is not convincing demonstration that all uses permitted under the proposed district
classification would be in the general public interest and not merely in the interest of the
individual or small group.
There is not convincing demonstration that all uses permitted under the proposed district
classification would be appropriate in the area included in the proposed change. (When a new
district designation is assigned, any use permitted in the district is allowable, so long as it
meets district requirements, and not merely uses which applicants state they intend to make of
the property involved.)
There is not convincing demonstration that the character of the neighborhood will not be
materially and adversely affected by any use permitted in the proposed change.
The proposed change is not in accordance with the comprehensive plan and sound planning
practices.
The proposed change was not found to be reasonable for a small scale rezoning
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Board Meeting
Agenda Item
MEETING DATE: November 17, 2025
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Request for conversion of Two Part-Time Postions to One Full-Time
Library Assistant Position.
REQUESTED BY: Kimberly VanBeck
REQUEST:
Harnett County Public Library respectfully requests permission to convert two
existing part-time Library Assistant positions into one full-time Library Assistant
Positon.
Both part-time roles are currently vacant and the change would require no additional
funding as the combined budgeted hours (29 hours) and salary allocations fall within
the parameters of a full-time equivalent position. This alignment has been confirmed
with the budget director.
The library hopes to gain improved retention and recruitment, consistency, enhanced
coverage, and professional development and growth within our organziation to align
with our strategic goals.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
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Item 12
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January 2026 Start Date
Category Current Structure (2 Part-Time Positions @ 29 hrs/week)Proposed Structure (1 Full-Time Position @ 40 hrs/week)Difference / Fiscal Impact
Hourly Rate $16.00/hr $16.00/hr —
Weekly Hours 58 total (29 + 29)40 total -18
Base Wages $24,131.46 ($12,065.73 X 2)$16,642
FICA $1846.06($923.03 X 2)$1,273.11
State Retirement $3472.52($1736.26 X 2)$2,394.78
401K $723.94($361.97 X 2)$499.26
Medical $0 $5,940.00
Dental $0 $192
Life $0 $22
Employee Clinic $0 $90
Workers Comp $255.80($127.90)$176
Unemployment $30.16($15.08 x 2)$20.80
OPEB $0.00 $60.00
Total Annual Cost $30,459.94 $27,310.00 $3,149.94
HC BOC 111225 ws Pg. 144
Board Meeting
Agenda Item MEETING DATE: November 17, 2025 TO: HARNETT COUNTY BOARD OF COMMISSIONERS SUBJECT: Request to apply for and accept L TC: Accessible Small and Rural
Communities Grant Round 4 -Erwin Public Library REQUESTED BY: Kimberly VanBeck
REQUEST:
Erwin Public Library respectfully requests permission to apply for and accept if
awarded the Accessible Small and Rural Communities Grant Round 4.
Erwin Public Library is requesting a $20,000 dollar grant for updates to doorways,
tables, and bookdrops to meet ADA compliance.
This is a non-matching grant and no additional funds are needed if awarded.
FI NANCE OFFICER'S RECOMMENDATION:
COUNTY MANAGER'S RECOMMENDATION:
https:/ /harnettcounty-my. sharepoint.com/personal/kvanbeck _ hamett _ org/Documents/ Attachments/agendaform2025 l .docx
Page 1 of2
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Item 13
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Board Meeting
Agenda Item
MEETING DATE: November 17, 2025
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Libraries Strengthening Connections Grant
REQUESTED BY: Joanna Cox, Library
REQUEST:
The Harnett County Public Library requests permission to apply for and accept if
awarded a Libraries Strengthening Connections Grant in the amount of $25,800, with
no match required. This project will expand the library’s current Chromebook lending
program with 75 additional kits and improve a virtual conferencing space for patrons
to participate in remote work, education, and telehealth. The library will also offer
digital literacy classes teaching internet basics, productivity tools, and emerging
technologies. This project is funded with a federal award from the Coronavirus State
and Local Fiscal Recovery Funds (SLFRF), established under the American Rescue
Plan Act (ARPA) of 2021 and was appropriated to the North Carolina Department of
Information Technology (NCDIT).
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
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Item 14
1
Libraries Strengthening Connections Grant Application
Application deadline: November 30, 2025 11:59 PM
The State Library of North Carolina is excited to announce Libraries Strengthening
Connections, a special grant opportunity for public and tribal libraries. These funds will
help libraries to support and increase digital literacy skills, internet access, and provide
access to digital devices.
This program invites applications that will allow libraries to improve library operations
through technology that support efforts for North Carolina residents to successfully
identify, navigate and interact with digital technology. Funding is available for programs
designed to increase access to affordable, reliable high-speed internet service and digital
devices, promote adoption and meaningful use, and improve digital literacy skills for all.
Funding will support a digital program or service that meets a speciflc need. Eligible
applications will support a program or service in which library staff can transfer knowledge
and skills learned to real digital problems where:
• Residents can acquire digital and information gathering skills and understanding to
meet their personal needs and the state’s workforce needs;
• Promote practices that leverage tools to ensure online privacy and security; or
• Residents have access to digital devices and resources to meet their needs
Project Title: HCPL Technology Device Access
Project Manager Name:
First Name: Joanna
Last Name: Cox
Project Manager Email: jrcox@harnett.org
Project Manager Phone: 910-814-6344
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2
Library Director:
First Name: Kimberly
Last Name: VanBeck
Email: kvanbeck@harentt.org
Users
Use data to support your description of the users and their needs
Which specific users/groups will the project serve? What are their biggest digital
needs?
The Harnett County Public Library is requesting funding to expand its successful
Chromebook lending program and to create a new virtual conferencing space for public
use. The project will provide 75 additional Chromebook kits, each including a wireless
mouse, carrying case, and Google Enterprise license for secure device management.
These kits will increase access to reliable, internet-connected devices for residents who
need technology for school, work, or personal communication.
The library is also seeking funds to purchase equipment and an adapter to transform one of
its meeting rooms into a virtual conferencing space. This space will allow patrons to
participate in remote job interviews, online classes, telehealth appointments, and private
virtual meetings with service providers such as lawyers or counselors.
This project will primarily serve Harnett County residents who lack reliable access to
internet-connected devices, including students, job seekers, remote workers, and
community members who need to participate in virtual meetings for education,
employment, or personal services. According to the North Carolina Department of
Information Technology, approximately 8% of Harnett County residents do not own an
internet-connected device, and Census data indicates that about 14% of residents live
below the poverty line. These individuals are disproportionately affected by the digital
divide and often rely on the public library as their main point of access to technology.
Since launching in August 2022, the library’s Chromebook lending program has
demonstrated signiflcant community demand. Chromebooks have circulated more than
1,200 times across the library’s eight locations, with circulation increasing by 84% between
2022 and 2025. The kits remain consistently checked out, especially at the larger branches,
and many borrowers are repeat users who depend on the devices for schoolwork, remote
employment, and virtual meetings. With funding to expand the program by 75 additional
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3
Chromebook kits, the library could effectively double circulation and reach more than 300
additional patrons each year.
In addition, converting one of the library’s meeting spaces into a virtual conferencing room
will address another key digital need: access to private, reliable spaces for professional or
personal online meetings. This space will serve residents participating in remote
interviews, online classes, telehealth appointments, and legal consultations. Library staff
will be trained to use and assist patrons with the conferencing technology, ensuring that
even those with limited digital literacy can beneflt from the resource.
By supporting remote work, continuing education, and telehealth, the project helps
residents overcome transportation, childcare, and cost barriers. It directly supports the
library’s 2024–2027 Strategic Plan goal to “build capacity for digital literacy to ensure
confldence with and availability of technology” and aligns with North Carolina’s State
Digital Equity Plan, which emphasizes the importance of digital device access.
What is your library staff’s experience serving this/these populations?
Harnett County Public Library’s team of more than 60 staff members serves residents of all
ages and backgrounds across the library’s eight locations. Staff are experienced in working
with patrons who have a wide range of digital literacy levels and technology needs,
including those who rely on the library as their primary access point for internet-connected
devices.
All staff members are trained to provide basic computer support, including assistance with
accessing the internet, using email, completing online forms, and participating in video
conferencing. Since 2022, staff at every location have also been trained to manage and
support the Chromebook lending program. They regularly assist patrons with borrowing
and using Chromebooks, connecting to Wi-Fi, and navigating productivity and
communication tools such as Google Docs, Zoom, and Microsoft Teams.
Through this work, library staff have developed a strong understanding of the digital barriers
faced by residents—particularly those related to device access, confldence using
technology, and lack of private internet space. Staff are skilled at providing patient, one-on-
one support and are committed to helping patrons build digital literacy skills that improve
their ability to learn, work, and connect online.
This foundation of experience and community trust positions library staff well to expand
the Chromebook program and to support patrons in using the proposed virtual
conferencing space.
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Project Description
Provide a detailed description of all major project activities.
The proposed project includes three primary components: expanding the library’s
Chromebook lending program, creating a virtual conferencing space, and launching new
digital literacy classes using the additional Chromebooks.
1. Equipment Acquisition and Setup - The library will purchase 60 Chromebook kits, each
including a wireless mouse, carrying case, and Google Enterprise license for secure device
management. The library has an established relationship with a technology vendor that has
all required equipment in stock, ensuring a smooth procurement and setup process. Staff
will prepare the kits for circulation and deploy them across all eight library locations based
on usage demand. Additionally, the library will purchase an adapter and related technology
to transform one meeting room into a fully equipped virtual conferencing space, allowing
patrons to participate in online meetings, classes, interviews, and telehealth
appointments.
2. Staff Training and Program Implementation - Library staff, who are already trained in
supporting the existing Chromebook lending program, will receive additional instruction on
managing the new devices and assisting patrons in using the virtual conferencing
equipment. Staff will also be trained to teach a series of new computer classes focused on
essential digital skills. Class topics will include identifying what a Chromebook is and how
it differs from a traditional laptop, basic internet literacy, using the Chrome browser for
research and productivity, and exploring Google’s Gemini AI tools to improve efficiency and
access to information.
3. Marketing and Community Outreach - Once equipment is acquired and programs are
established, the library will launch a marketing campaign led by the Community
Engagement Coordinator. Outreach will emphasize the equipment’s ease of use and multi-
functionality, promoting both the Chromebook lending program and the virtual
conferencing space through the library’s website, social media, newsletters, and
community partners.
Describe in detail how the project activities will advance digital literacy.
This project directly advances digital literacy in Harnett County by expanding access to
technology, increasing opportunities for skill-building, and providing guided instruction for
residents who may lack confldence using digital tools.
The addition of 75 Chromebook kits will make it possible for more residents to develop and
practice essential digital skills in their own homes, particularly those without personal
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5
devices. Chromebooks offer access to the internet, productivity software, and video
conferencing tools, enabling users to complete online applications, manage school
assignments, and participate in remote work or virtual meetings. Library staff will continue
to provide one-on-one assistance to borrowers, helping them navigate device setup, Wi-Fi
connections, and software use.
The introduction of a virtual conferencing space will further enhance digital literacy by
providing a safe, supported environment where patrons can learn to independently access
and manage online platforms for work, education, and telehealth. Staff training will ensure
that library employees can guide patrons through the setup and use of conferencing tools,
building both competence and confldence.
The planned series of computer classes will offer structured, hands-on learning
opportunities. Participants will gain foundational skills such as identifying the differences
between a Chromebook and a laptop, performing effective internet searches, using the
Chrome browser for productivity, and exploring emerging technologies like Google’s Gemini
AI tools. These classes will empower patrons to apply digital skills in practical, real-world
contexts.
Together, these activities foster digital access and ability, while supporting the library’s
strategic goal to “build capacity for digital literacy to ensure confldence with and
availability of technology.” By equipping residents with devices, training, and support, the
project helps bridge the digital divide and enables fuller participation in today’s online
world.
Describe how the project will continue growth in digital skills for library staff.
This project will provide meaningful opportunities for library staff to expand their own
digital skills and confldence while supporting the community’s technology needs. All 60+
Harnett County Public Library staff members are already trained to provide basic computer
support, including helping patrons access the internet, email, and video conferencing
tools. Through this project, staff will deepen their expertise in device management, digital
instruction, and emerging technologies.
As part of the Chromebook expansion, staff will receive additional training in Google
Workspace and the administrative tools associated with Google Enterprise licenses. This
will strengthen their understanding of cloud-based device management and enhance their
ability to troubleshoot and assist patrons using Chromebooks for remote work, education,
and telehealth.
Staff will also participate in hands-on instruction for the new virtual conferencing
equipment, learning to operate cameras, microphones, and connectivity tools, as well as
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6
how to guide patrons in accessing virtual meeting platforms. This experience will improve
staff’s technical fiuency and expand their capacity to support patrons who need private
virtual meeting assistance.
Staff who lead the new computer classes will develop teaching and facilitation skills while
staying up to date on emerging tools, including Google’s Gemini AI. Delivering these
classes will position staff as local digital literacy educators and help them continue
growing as technology leaders within their communities.
The project will create a culture of continuous learning within the library system, ensuring
that staff remain skilled, adaptable, and ready to guide patrons in an evolving digital
landscape.
Describe your library staff’s experience in working in digital literacy and/or how will
you build your experience?
Harnett County Public Library staff have extensive experience supporting digital literacy
across the library’s eight locations. Staff members regularly assist patrons of all ages and
backgrounds in navigating technology for learning, work, and personal needs. All staff are
trained to provide basic computer support, including accessing the internet, setting up
email accounts, completing online forms, and participating in video conferencing.
Since the launch of the Chromebook lending program, staff have provided hands-on
assistance to hundreds of patrons using Chromebooks for schoolwork, job searching, and
virtual communication. They have become skilled at troubleshooting connectivity issues,
teaching patrons to use productivity tools such as Google Docs and Sheets, and helping
users gain confldence with online platforms.
This project will continue building staff expertise through additional training in Google
Enterprise device management, virtual conferencing technology, and emerging digital
tools. Staff will also participate in professional development to prepare them to teach new
digital literacy classes focusing on internet basics, Chrome browser functions, and tools
such as Google Gemini AI.
These activities align with the library’s 2024–2027 Strategic Plan goal to “enhance staff
knowledge.” One of the speciflc action items under this goal is to arrange ongoing training
opportunities for staff. By providing structured, hands-on learning experiences, this project
will strengthen staff knowledge, expand their instructional abilities, and ensure they remain
well-equipped to guide patrons in today’s digital environment.
Partners
Include a list of partners in the project and describe their role(s).
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The library will manage all aspects of this project internally, including equipment
acquisition, marketing, distribution, and training. No partnerships with external
organizations are planned.
Evaluation
Select 2-3 outcomes that will align with your project:
How will you assess baseline metrics and outcomes?
The library will assess baseline metrics and outcomes using both quantitative and
qualitative methods. For the Chromebook lending program, staff will track circulation data
across all eight locations. The library anticipates at least a 30% increase in circulation by
the end of June 2026, which will be measured by comparing pre- and post-project
circulation numbers to establish growth and usage trends.
For the digital literacy classes, the library will collect feedback from participants through
end-of-class surveys. These surveys will assess students’ confldence in using digital tools,
their intention to apply newly learned skills in real-world settings, and their awareness of
available library resources. Survey results will provide insight into the program’s
effectiveness in improving digital literacy and inform any necessary adjustments to future
instruction.
Together, these assessment methods will provide a clear picture of both program reach and
impact, enabling the library to demonstrate measurable outcomes and ensure continuous
improvement.
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Timeline
Provide a timeline that lists out activities by month:
November 2025: Request a quote for devices and equipment from HCPL's
technology vendors
December 2025: Submit equipment and device PO. Advertise Chromebook
classes.
January 2026: Receive equipment. Begin organizing Chromebook kits and install
virtual conferencing equipment.
February 2026: Provide Chromebook classes at at least 3 library branches and
gather student feedback.
March 2026: Provide staff training on Chromebooks, and virtual conferencing
equipment.
April 2026: Begin circulating new Chromebook kits.
May 2026: Collect Chromebook kit circulation data.
June 2026: Continue collecting Chromebook kit circulation data.
July 2026: Continue collecting Chromebook kit circulation data.
August 2026: Submit flnal report on project outcomes.
Budget
Provide a project budget listing project costs that will be charged to grant funds. All the
items listed, must be reasonable and necessary to accomplish project objectives,
allowable according to the applicable federal cost principles, auditable, and incurred
during the award period of performance.
Group items together on one line by type or program, such as – Tablets and Accessories (6
tablets, tablet cases, and styli)
Line Item Cost
75 Chromebook kits (Lenovo
Chromebooks, cases, wireless mice, and
Google Enterprise Licenses)
$ 25,000
Virtual Conference Hub adapter $ 800
Total $25,800
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Harnett County Public Library
910-893-3446 | harnett.org/library
455 McKinney Pkwy, PO Box 1149,
Lillington, NC 27546
Updated: 12/6/2023 Title Page 1 | 1
Memorandum
To: State Library of North Carolina
From: Brent Trout, Harnett County Manager
Date: November 12, 2025
Subject: Libraries Strengthening Communities Grant Authorization Certification
If awarded, the State Library will need to send a grant contract to be signed by the library director and
your organization's authorizing official. The authorizing official is the person responsible for accepting
federal funds on behalf of the organization and generally is not the library director. Commonly, this
could be the County Manager, Commission/Board Chair, etc.
Authorizing Official Name & Email
First Name: Brent
Last Name: Trout
Email: btrout@harnett.org
By applying for this grant, I certify to the best of my knowledge and belief that the information provided
herein is true, complete, and accurate. I am aware that the provision of false, fictitious, or fraudulent
information, or the omission of any material fact, may subject me to criminal, civil, or administrative
consequences including, but not limited to violations of U.S. Code Title 18, Sections 2, 1001, 1343 and
Title 31, Sections 3729-3730 and 3801-3812.
AUTHORIZING OFFICE SIGNATURE DATE
Attachments: Libraries Strengthening Communities Grant Application
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Board Meeting
Agenda Item
MEETING DATE: November 17, 2025
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Department Name Changes
REQUESTED BY: Christopher Appel - Senior Staff Attorney
REQUEST:
Legal Department requests name changes of the Human Resources and Legal
Departments. The Human Resources & Risk Management Department will be changed
to Human Resources. The Legal Department will be changed to Legal & Risk
Management.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
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Item 15
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Board Meeting
Agenda Item
MEETING DATE: November 17, 2025
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Land Lease Agreement
REQUESTED BY: Christopher Appel - Senior Staff Attorney
REQUEST:
Legal Department requests the approval of a Land Lease Agreement between the
County and Harnett Air, LLC. The lease is for a 26,571 square foot parcel located at
Harnett Regional Jetport. The term of the lease is twenty (20) years with three (3) five
(5) year options to renew. The lease amount is $7,439.88 annually with a twenty-five
percent (25%) increase at the end of the initial term, and a three (3%) increase at each
subsequent renewal term.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
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Item 16
1
LAND LEASE AGREEMENT
Between
COUNTY OF HARNETT
And
HARNETT AIR, LLC
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STATE OF NORTH CAROLINA
COUNTY OF HARNETT
LEASE AGREEMENT
This Land Lease Agreement (this “Agreement”) is made and entered into this day
of November, 2025 by and between the County of Harnett, a body corporate and politic
under the laws of the State of North Carolina ("Lessor") and Harnett Air, LLC, a
limited liability company organized and existing under the laws of the State of North Carolina
("Lessee").
WITNESSETH:
WHEREAS, the Lessor owns and operates Harnett Regional Jetport (the “Airport”);
and
WHEREAS, the Lessor is willing to lease land to Lessee suitable for corporate hangar
and to permit construction and occupancy of a hangar on that property.
NOW THEREFORE, for and in consideration of the mutual premises and covenants
herein contained and in further consideration of the payment of rent hereinafter stipulated,
and of the terms and conditions herein set forth, Lessor and Lessee agree as follows:
SECTION 1. LEASED PROPERTY:
A. Leased Premises: The Lessor hereby leases to Lessee a parcel of land (the
“Property”), containing approximately 26,571 square feet, located at the Airport which
property is shown on the draft site plan (the “Draft Site Plan”) attached hereto as Exhibit “A”
and incorporated herein by reference. Upon final approval of the site plan (hereinafter the
“Final Site Plan”), The Draft Site Plan shall be replaced with the Final Site Plan. The
Property and the Leasehold Improvements described in Section 1(B) shall hereinafter be
referred to as the “Leased Premises”.
B. Improvements: Lessee will cause to be erected, constructed, or installed on
the Property such improvements as Lessee and Lessor shall agree are necessary or desirable
to serve as the base location for some or all of Lessee’s or Lessee’s tenants’ aircraft (the
“Leasehold Improvements”). Any future improvements as provided for in Section 6 shall
also be deemed to be a part of the Leasehold Improvements.
C. Title to Leasehold Improvements: Fee simple title to the Leasehold
Improvements shall be and remain in Lessee throughout the term of this Agreement. Upon
the expiration or other termination of this Agreement, fee simple title to all Leasehold
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Improvements and any permanent fixtures and remaining on the Leased Premises shall
immediately vest in the Lessor. Fee simple title to the Property shall at all times be and
remain in the Lessor.
D. Design of Improvements: Within one hundred eighty (180) days of the
execution of this Agreement, Lessee shall submit plans for constructing, erecting, and
installing the Leasehold Improvements on the Property to the appropriate governmental
agencies for approval and shall use commercially reasonable efforts to obtain all necessary
permits. A copy of the final plans as approved by the appropriate governmental agencies
shall be submitted to the Lessor. In addition, Lessee shall submit to the Lessor a schedule
for accomplishing the Leasehold Improvements. Prior to the initiation of any construction
by Lessee, a pre-construction meeting shall be held regarding construction and safety issues
at the Airport. Two (2) complete certified sets of as-built plans for all buildings and
improvements on the Leased Premises shall be delivered to the Airport Director within sixty
(60) days of completion of the Leasehold Improvements.
E. Architectural Requirements: All buildings constructed on the Property shall
have steel and/or masonry exteriors and shall be constructed of high-quality materials. The
Airport Director shall have the authority to approve all exterior colors. All structural
improvements, signs, equipment and interior design and décor constructed or installed by
Lessee, its agents, or contractors, including the plans and specifications, therefore, shall
conform in all respects to all applicable statutes, ordinances, building codes and rules and
regulations.
F. Construction of Improvements: Lessee agrees to commence construction
within the later of one hundred eighty (180) days after the date that Lessee obtains all
necessary permits and approvals by all governmental bodies in charge of the approval process
for the construction of the Leasehold Improvements. Construction of the Leasehold
Improvements shall be continuous and expedited so that the Leasehold Improvements shall
be completed as soon as practical. Lessor hereby approves Lessee or an affiliate of Lessee
to construct the Leasehold Improvements without further approval or consent from Lessor
other than customary permitting issues. Lessee shall maintain (or in the event Lessee hires a
contractor to construct the Leasehold Improvements, cause its general contractor to maintain
and to require the general contractor to require all other contractors working on the Leased
Premises to maintain) automobile, general liability, and worker’s compensation/employee’s
liability insurance coverage satisfactory to Lessor. All construction shall in all respects
conform to and comply with all applicable statutes, ordinances, building codes, rules and
regulations of such authorities as may have jurisdiction over any aspect of said construction.
Lessee, at its sole cost and expense, shall also procure all building, safety, fire, and other
permits necessary for any construction.
G. Aviation Restrictions on Land Development. Lessee shall comply with FAA
regulations that impact development on land parcels adjacent to or at runway ends and
comply with Facility Procedures (TERPS) and FAA Part 77 regulations. Any
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4
development must be consistent with criteria and standards set by FAA rules and
regulations. FAA regulations require submission of form 7460-1 to the FAA for any
construction or alteration that impacts airport operations. Lessee is responsible for
completing and submitting Form 7460-1 to the FAA for the construction of the Leasehold
Improvements.
SECTION 2. USE OF AIRPORT:
A. Use by Lessee: Lessee shall use the Leased Premises for aviation purposes,
which shall include a hangar with offices, customary facilities for use by pilots, restrooms,
apron, auto parking, and all other directly related ancillary aviation uses. The Leased
Premises shall be used solely and exclusively for aircraft storage and related uses by Lessee
and/or tenants of Lessee.
B. Ingress and Egress: Lessor hereby grants Lessee the right of ingress to and
egress from the Leased Premises over taxiways, ramps, airport roadways, including the use
of common-use roadways, such right being expressly subject to applicable laws and such
rules and regulations as may be reasonably established by the Airport Director with respect
to such use.
C. Public Airport Facilities: Lessor hereby grants Lessee the right, in common
with others, to use existing and future facilities on the Airport that provide for the landing,
taking off and taxiing of aircraft including navigational aids, hazard designation and warning
devices, lighting and clear zone areas, subject to applicable fees, if any, as set from time to
time by the Lessor.
D. Common Facilities: Lessor hereby grants Lessee the right, in common with
others, to use the public portions of the Airport and appurtenances thereto. Lessee shall not
conduct its operations in a manner to interfere with the reasonable use by others of common
facilities.
SECTION 3. RESTRICTIONS ON USE OF LEASED PREMISES:
A. Commercial Activities: Commercial Aeronautical Activities shall not be
conducted from the Leased Premises without the written consent of Lessor. It is expressly
agreed that use of the Premises to sublease space in Lessee’s hangar for the storage of aircraft
is not a Commercial Aeronautical Activity.
B. Fuel: Lessee may fuel only its own aircraft, using its own employees and
equipment, pursuant to Airport Rules and Regulations, and Lessee shall not under any
circumstances provide fuel to aircraft that are not either owned by it or leased to it on an
exclusive basis. Aircraft belonging to or operated by guests, invitees or subtenants of Lessee
shall obtain fuel from the Lessor.
HC BOC 111225 ws Pg. 177
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C. Control of Lighting: Lessee agrees to control all future lighting on the Leased
Premises to prevent illumination from being a hazard to pilots landing on, or taking off from,
or taxiing on the Airport. The determination of hazard shall rest solely upon the judgment of
the Airport Director.
SECTION 4. TERM OF LEASE:
A. Term: The term of this Agreement shall be for a period of twenty (20) years
(the “Initial Term”), commencing on the completion date of the Leased Premises and the
improvements thereon (defined as the day a permanent certificate of occupancy has been
issued by the appropriate governmental authority) (the "Commencement Date") unless
sooner terminated as provided herein. Lessee shall have the option to extend this Agreement
beyond the Initial Term for three (3) five (5) year terms (each a “Renewal Term”) upon the
same terms and conditions as contained herein, except that the amount of Rent being paid at
the end of the Initial Term and the first Renewal Term shall be increased by twenty five
percent (25%) and then escalated during each Renewal Term as set forth in Section 5(D).
For purposes of this Agreement, the word “Term” shall be deemed to include the Initial Term
and any properly exercised Renewal Term, unless the context clearly indicates otherwise.
Lessee shall have until ninety (90) days prior to the end of the Initial Term and the first
Renewal Term to give notice to Lessor of Lessee’s intent to renew.
B. Holding Over: If Lessee remains in possession of the Leased Premises after
expiration of the Term hereof with Lessor's acquiescence and without any express agreement
of parties, Lessee shall be a tenant at will at 125% of the rental rate in effect at the end of
such term. Lessee shall be bound by the terms and conditions of this Agreement as far as
applicable, and there shall be no renewal of this Agreement by operation of law.
SECTION 5. LEASE PAYMENTS:
A. Rent: Lessee agrees to pay Lessor a land rental of twenty-eight cents ($0.28)
per square foot per year, payable in equal annual installments, as annual Rent. Lessee shall
commence payment of Rent effective upon the execution of this Agreement. The initial
annual Rent shall be Seven Thousand Four Hundred Thirty-Nine Dollars and 88/100
($7,439.88). If the square footage of the Leased Premises changes from 26,571 square feet
the parties shall amend this Agreement to adjust the Rent.
B. Rent Payment Date: Rent is payable in advance on an annual basis and shall
be paid on or before the anniversary of the Commencement Date. Rent shall be made payable
to the County of Harnett and delivered to the Airport Director's office at 615 Airport Road,
Erwin, NC 28339, by check or the parties may agree to have the Rent paid electronically or
via other acceptable means.
HC BOC 111225 ws Pg. 178
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C. Late Payments: Lessee agrees to pay a penalty charge to Lessor in an amount
equal to five percent (5%) of each annual payment not received by Lessor within ten (10)
days of the date by which payment is due.
D. Rent Escalation: At the end of the Initial Term of the Lease, the Rent shall be
increased twenty-five percent (25%). After each Renewal Term, Rent shall be adjusted by
an amount equal to the lesser of (i) three percent (3%) or (ii) the increase in the Consumer
Price Index during the current period. The Rent so adjusted shall become the adjusted
monthly Rent for that Renewal Term. The Rent shall not be decreased if the Consumer Price
Index decreases.
"Consumer Price Index", shall be the Consumer Price Index for Urban Wage Earners
and Clerical Worker (1967 = 100) issued by the U.S. Bureau of Labor Statistics. If the
Consumer Price Index published by the U.S. Bureau of Labor Statistics is discontinued, then
the Consumer Price Index published by the U.S. Department of Commerce shall be used
(with proper adjustment); and if the U.S. Department of Commerce Index is discontinued,
then Lessor and Lessee shall, in good faith, agree on a suitable substitute.
E. Taxes and Fees: Lessee shall pay or cause to be paid, prior to delinquency,
all taxes, fees and assessments, including possessory interest taxes, on the Leased Premises
and to the extent levied on the Leasehold Improvements and any other improvements,
fixtures and equipment now or hereafter existing on the Leased Premises and on any personal
property situated in, on or about the Leased Premises, or in, on or about any buildings or
improvements thereon. The failure to pay any tax, license, fee or assessment, the validity of
which shall be contested in good faith and with reasonable promptness, shall not be
interpreted as a violation of this Section until such contest shall have been resolved in the
taxing authority’s favor or abandoned or the time for objection or appeal has expired.
F. Collection: Interest accrues on all amounts due from and after the payment
due date at the rate of 1.5% per month. If the Airport retains the services of an attorney to
collect any amounts due pursuant to this Agreement the Lessee shall be responsible for costs
of collection including, but not limited to, the payment of all reasonable attorney fees.
SECTION 6. ALTERATIONS OR FURTHER IMPROVEMENTS:
A. Plans and Specifications: Lessee may make interior, non-structural
alterations to the Leasehold Improvements without the consent of the Lessor but must notify
the Lessor of such improvements prior to the start of construction. Lessee shall not make
any structural or exterior alterations or additions, including landscaping, without the prior
written approval by the Airport Director for such work, which approval shall not be
unreasonably withheld or delayed. All structural or exterior improvements or alterations
shall comply with Sections 1(D) through 1(G) of this Agreement.
HC BOC 111225 ws Pg. 179
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B. Bonds: Prior to the commencement of any construction work upon the Leased
Premises Lessee shall obtain a corporate surety bond, satisfactory to Lessor, with Lessee's
contractor or contractors as principal, in the sum equal to not less than 100% of the amount of
the contract for the completion of such work guaranteeing the payments of wages for services
engaged and of bills contracted for materials supplied and equipment used in the performance of
such work, and protecting Lessor from any liability (including attorney's fees), and loss for
damage arising therefrom.
SECTION 7. UTILITIES:
A. Payment For Utilities: It is understood and agreed that the Rent does not
include payment for utilities. Lessee shall throughout the Term of this Agreement pay all
utility bills which may accrue in the operation of Lessee's business on the Leased Premises,
including but not limited to installation of meters, utility connections, etc.
B. Right of Connection: Lessee shall, at Lessee's expense, connect to all utilities
at the nearest points of existing utility lines, and shall thereafter maintain, repair and replace
all such utilities to and including the points of such connections.
C. Waiver of Damage: Unless caused by the gross negligence or willful
misconduct of Lessor or its contractors, agents or employees, Lessee hereby waives and
releases Lessor from any and all claims for damage arising or resulting from failures or
interruptions of utility services including but not limited to electricity, gas, water, plumbing,
sewage, telephone, communications, heat, ventilation, or for the failure or interruption of any
public or passenger conveniences for facilities.
SECTION 8. MAINTENANCE AND REFUSE:
A. Maintenance of Leased Premises: Lessee shall, throughout the Term of this
Agreement, at its own cost, and without any expense to Lessor, keep and maintain the Leased
Premises, including building and improvements of every kind which may be a part thereof,
and all appurtenances thereto, including sidewalks adjacent thereto, in good, sanitary and
safe order, condition and repair. All such repairs and replacements shall be of quality equal
to the original in materials and workmanship. Lessor may enter the Leased Property to
determine if maintenance satisfactory to Lessor is being accomplished pursuant to this
Agreement. Lessor shall not be obligated to make any repairs, replacement or renewals of
any kind, nature, or description, whatsoever to the Leased Property or Leasehold
Improvements.
B. Removal and Disposal of Refuse: Lessee shall arrange for such removal and
disposal of trash, clippings, refuse, garbage, and other debris from the Leased Premises at
HC BOC 111225 ws Pg. 180
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Lessee's own expense in accordance with applicable rules, laws, and ordinances. Trash,
clippings, garbage, and other debris shall be stored in closed containers suitably screened and
protected from public view, pending their removal and disposal. Such storage shall not
generate odors, attract rodents or insects, or become offensive in any manner. The containers
shall have paved access for the service providing their removal and disposal. The storage
area must be kept neat and clean at all times.
SECTION 9. INDEMNIFICATION AND INSURANCE
A. General Indemnification and Hold Harmless: Lessee shall indemnify, defend
and hold harmless, on demand, Lessor, its elected or appointed officials, agents, boards,
commissions, employees and representatives, for, from and against any and all liabilities,
suits, obligations, fines, damages, penalties, claims, costs, charges and expenses, including
but not limited to reasonable attorneys' fees, of any character or nature arising out of or
resulting from any act or occurrence in or upon the Leased Premises or any part thereof, or
otherwise arising from Lessee’s operations under and during the Term of this Agreement. In
any case in which Lessee provides a defense to the Lessor pursuant to this indemnity, the
defense will be provided by attorneys acceptable to Lessor. Lessee's obligations under this
Section shall survive any expiration or earlier termination of this Agreement.
B. Environmental Compliance and Indemnification: Lessee agrees to the terms
and conditions contained in "Compliance with Environmental Laws" attached as Exhibit
B hereto, including the indemnification provisions.
C. Liability Insurance: Lessee shall maintain in force during the Term of this
Agreement comprehensive general public liability and property damage insurance, including
products liability/completed operations and personal injury liability insurance, in the
minimum amount of $1,000,000.00 with respect to each person, and in the minimum sum of
$1,000,000.00 with respect to each accident or occurrence, and in the minimum sum of
$1,000,000.00 for injury or damage to property. This insurance shall include coverage for
contractual liability assumed under the indemnity provisions of this Agreement. Lessor shall
be named as an additional insured under such policy or policies of insurance.
Lessee shall maintain aircraft liability insurance covering all aircraft operated by and
for Lessee at limits acceptable to Lessor but not less than $1,000,000.00 each occurrence.
D. Fire Insurance: Lessee shall obtain and provide during the Term of this
Agreement, fire and extended coverage insurance covering the Leasehold Improvements and
the Lessee’s property located on the Property. The Lessee shall pay the premiums for such
insurance.
E. Worker’s Compensation and Employer’s Liability Insurance: Lessee shall
maintain worker’s compensation and employer’s liability insurance in the amounts and form
required by the laws of the State of North Carolina.
HC BOC 111225 ws Pg. 181
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F. Certificates of Coverage: Lessee shall furnish to the Airport Director within
thirty (30) days after execution of this Agreement or prior to the initiation of any construction
or development on the Leased Premises, which ever shall first occur, a certificate or
certificates evidencing such insurance coverage as is required pursuant to this Agreement
from companies doing business in North Carolina and acceptable to Lessor covering:
1. The required coverage and policy limits.
2. The location and the operations to which the insurance applies.
3. The expiration date of policies.
4. Certificate to contain Lessee's contractual insurance coverage.
5. The name and address of party to whom the certificates should be
issued:
ATTN: Airport Director
615 Airport Road
Erwin, NC 28339
6. If such coverage is canceled, reduced or materially changed, Lessee
shall, within fifteen (15) days after such cancellation, reduction or
material change of coverage, file with the Airport Director a certificate
showing that the required insurance has been reinstated or provided
through another insurance company or companies.
7. Prior to ten (10) days before the expiration of such certificate, Lessee
shall deliver to the Airport Director a certificate renewing or extending
the terms for a period of at least one (1) year or a certificate acceptable
to Lessor evidencing the required insurance coverage.
G. Blanket Insurance: Nothing in this Section shall prevent the taking out of
policies of blanket insurance, which may cover real and/or personal property and
improvements in addition to the Leasehold Improvements; provided, however, that in all
other respects each such policy shall comply with the other provisions of this Section 9.
SECTION 10. DAMAGE, DESTRUCTION, OR CONDEMNATION OF LEASED
PREMISES:
A. Damage of Leased Premises:
HC BOC 111225 ws Pg. 182
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1. Repair and Reconstruction. Unless this Agreement is terminated as
provided in Section 10(A)(2), then after any damage or destruction to the Leasehold
Improvements on the Leased Premises, Lessee shall (i) repair and restore the Leasehold
Improvements to substantially the same condition as existed immediately prior to the
casualty, or (ii) construct new Leasehold Improvements pursuant to Section 1 of this
Agreement.
2. Termination. If the Leasehold Improvements are damaged by fire or
other casualty, and the amount of the damage is greater than fifty percent (50%) of the
replacement cost thereof, then Lessee may terminate this Agreement by delivery of written
notice of termination to Lessor within ninety (90) days after the casualty. Upon such
termination, Lessee shall surrender the Leased Premises to Lessor, and neither party shall
have any further obligations or liabilities under this Agreement. Upon the termination of this
Agreement in accordance with the provisions of this Section 10(A)(2), all insurance proceeds
shall be applied: first, to satisfy any indebtedness secured by a leasehold mortgage, as
provided in Section 31; second, to the cost of razing the damaged Leasehold Improvements
and removing all debris; and third, the remaining balance of such proceeds shall belong to
and shall be payable to Lessee.
B. Condemnation:
1. Total Condemnation. In the event of condemnation, or any taking by
eminent domain, by any governmental entity, that renders the Leased Premises unusable for
the storage of aircraft and/or use of the Airport Common Areas this Agreement shall
terminate on the date of action taken by such governmental entity. The proceeds of any
award for the taking shall be distributed as follows:
a. Any award for land making up the Leased Premises,
specifically including the value of Lessee’s leasehold interest in the Leased Premises, shall
belong to the Lessor.
b. Any award for the value of the Leasehold Improvements shall
be divided between the Lessor and the Lessee as determined by the parties, or, if the parties
are unable to agree, by appraisals obtained by each party. In the event the appraisals differ
by less than ten percent (10%) the value shall be the average between the two appraisals. If
the appraisals differ by more than ten percent (10%), the appraisers retained by the parties
shall retain a third appraiser and the value of the Leasehold Improvements shall be the
average of the three appraisals.
c. Lessee may make a separate claim against the condemning
authority for any relocation benefits for which it may qualify.
2. Partial Taking. In the event of the condemnation of a portion of the Leased
Premises, if the remainder can be used for aircraft storage and use of the Airport Common
HC BOC 111225 ws Pg. 183
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Areas, as agreed by Lessor and Lessee, rental payments shall abate according to the ratio of
square footage so taken. Any condemnation award received for a partial taking shall be
payable to the Lessor. If the remaining property cannot be used for aircraft storage, it shall
be treated as a total condemnation as set forth in subparagraph 1 above.
3. Temporary Taking. Should any portion of the Leasehold Improvements be
condemned for a stated period, and Lessee remains in possession of the Leased Premises
during that period, Lessor shall have no interest in such award, and it shall go to Lessee, and
the Rent shall not abate.
SECTION 11. RIGHT OF ENTRY / ENCUMBRANCES:
A. Inspection: Lessor or its duly authorized representatives may enter upon the
Leased Property and the Leasehold Improvements at any and all reasonable times upon
reasonable advance notice during the term of this Agreement for the purpose of determining
whether or not Lessee is complying with the terms and conditions hereof or for any other
purpose incidental to the rights of Lessor.
B. Encumbrances: The Leased Premises shall be accepted by Lessee subject to
any and all then existing easements or other encumbrances. Lessor shall have the right to
install, lay, construct, maintain, repair and operate such sanitary sewers, drains, storm water
sewers, pipelines, manholes, connections, water, oil or gas pipelines, communications
facilities, navigational aids, and any other equipment or facilities related to the operation of
the Airport (including but not limited to roads and other facilities related in to ingress and
egress), and any other appliances and appurtenances necessary or convenient in connection
therewith, over, in, upon, through, across and along the Leased Premises, or any part thereof,
and to enter thereon upon reasonable advance notice (except that no notice shall be required
in the event of an emergency) at reasonable times for any and all such purposes; provided,
however, that no right of the Lessor provided for in this section shall be so exercised as to
interfere unreasonably with the Lessee’s operations, and no underground utilities shall be
installed underneath any vertical improvements on the Leased Premises.
SECTION 12. EVENTS OF DEFAULT BY LESSEE:
The happening of any one or more of the following listed events and the expiration
of any notice and cure periods herein provided (which events, upon such expiration, are
hereinafter referred to singularly as “event of default” and plurally as “events of default”)
shall constitute a breach of this Agreement on the part of Lessee:
(a) The filing by, on behalf of, or against Lessee of any petition or pleading to
declare Lessee a bankrupt, voluntary, or involuntary, under any Bankruptcy Act or law,
which is not dismissed within sixty (60) days after the date of filing.
(b) The commencement in any court or tribunal of any proceeding, voluntary or
involuntary, to declare Lessee insolvent or unable to pay its debts, which is not dismissed
HC BOC 111225 ws Pg. 184
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within sixty (60) days after the date of filing.
(c) The failure of Lessee to pay any rent or any other amount payable under this
Agreement within ten (10) days after written notice by the Lessor that the same is due and
payable.
(d) The appointment by any court or under any law of a receiver, trustee or other
custodian of the property, assets or business of Lessee, who is not dismissed within sixty (60)
days after the date of appointment.
(e) Except as expressly permitted in this Agreement, the assignment by Lessee
of all or any part of its property or assets for the benefit of creditors.
(f) The failure of Lessee to use the Leased Premises over a continuous period in
excess of sixty (60) days for reasons that are not otherwise excused under this Agreement.
Any personal property belonging to Lessee and left upon the Leased Premises and any or all
of Lessee's improvements and facilities thereon after abandonment shall, at the option of the
Lessor, be deemed to be abandoned by Lessee and shall, at the sole option of the Lessor,
become the property of Lessor.
(g) Except as specifically provided in Section 12(a)-(f), the failure in any material
respect of Lessee to perform, fully and promptly, any act required of it under the terms of
this Agreement, or otherwise to comply with any term or provision hereof within thirty (30)
days after written notice by the Lessor to the Lessee to do so, unless such default cannot be
cured within such period and Lessee has in good faith commenced and is prosecuting the
cure thereof, in which case the Lessee shall have a reasonable extension of such period in
order to cure such default.
SECTION 13. REMEDIES UPON DEFAULT:
Upon the occurrence of an Event of Default, Lessor may pursue any one or more of
the following remedies separately or concurrently, without prejudice to any other remedy
herein provided or provided by law: (a) Lessor may terminate this Agreement by giving
written notice to Lessee and upon such termination shall be entitled to recover from Lessee
damages as may be permitted under applicable law; or (b) Lessor may terminate this
Agreement by giving written notice to Lessee and, upon such termination, shall be entitled
to recover from the Lessee damages in an amount equal to all Rent which is due and all Rent
which would otherwise have become due throughout the remaining term of this Agreement,
or any renewal or extension thereof (as if this Agreement had not been terminated): (c)
Lessor, as Lessee’s agent, without terminating this Agreement, may enter upon and rent the
Leased Premises, in whole or in part, at the best price obtainable by reasonable effort, without
advertisement and by private negotiations and for any term Lessor deems proper, with Lessee
HC BOC 111225 ws Pg. 185
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being liable to Lessor for any deficiency, if any, between Lessee’s Rent hereunder and the
price obtained by Lessor on reletting, provided however, that Lessor shall not be considered
to be under any duty by reason of this provision to take any action to mitigate damages by
reason of Lessee’s default and expressly shall have no duty to mitigate Lessee’s damages.
No termination of this Agreement prior to the normal ending thereof, by lapse of time or
otherwise, shall affect Lessor’s right to collect Rent for the period prior to termination
thereof.
SECTION 14. NON-WAIVER OF DEFAULTS:
No Waiver by either party of default by the other party of any terms, covenants, or
conditions hereof to be performed by such other party shall be construed to be a waiver of
any subsequent default. No term, covenant, or condition hereof can be waived except by
written consent of the non-defaulting party. The acceptance of rent or the performance of all
or any part of this Agreement by the Lessor for or during any period or periods after default
of any of the terms, covenants and conditions herein contained to be performed, kept and
observed by the Lessee, shall not be deemed a waiver of any right on the part of the Lessor
to declare a default or cancel this Agreement for a subsequent breach thereof.
SECTION 15. LESSEE'S ENCUMBRANCES:
A. Liens: Lessee shall keep the Leased Premises and all improvements thereon
free from any and all liens including those arising out of any work performed, materials
furnished, or obligation incurred by Lessee, or its employees, agents, or contractors.
Notwithstanding the foregoing, if any Lien is filed against the Leased Premises for work
claimed to have been done for, or materials claimed to have been furnished to the Lessee,
Lessee shall either cause the same to be discharged of record within thirty (30) days after the
date of filing, or, if Lessee, in Lessee’s discretion and in good faith, determines that the lien
should be contested, shall furnish such security as may be necessary or required to
prevent the pendency of such contest, and Lessee shall indemnify and hold Lessor harmless
from and against any and all costs, expenses, claims or losses resulting there from by reason
thereof. If Lessee shall fail to discharge said Lien, or, in the event the lien cannot be
discharged within the time period, if Lessee shall fail to undertake the steps necessary to
secure the discharge of such lien, then, Lessor may, but shall not be obligated to discharge
the same, either by paying the amount claimed to be due or by procuring the discharge of
such lien, and Lessee shall, within ten (10) days after written demand by Lessor, reimburse
Lessor for all of its costs and expenses arising in connection with the lien, including
reasonable attorney fees.
SECTION 16. TERMINATION:
A. Termination at end of Term: Lessee shall have the right to remove during the
Term hereof any and all fixtures which Lessee may have placed or installed upon the Leased
Premises. Lessee shall, upon termination of this Agreement in any manner, quit and deliver
HC BOC 111225 ws Pg. 186
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up the Leased Premises to Lessor peaceably, quietly, and in as good order and condition as
the same now are or may be hereafter improved by Lessee or Lessor, with the exception of
reasonable use and normal wear.
B. Early Termination by Lessor: Should this Agreement terminate by the action
of the Lessor pursuant to the terms of this Agreement and/or to ensure compliance with State
or Federal laws, rules, regulations, or assurances, for reasons other than event of default by
Lessee, prior to the expiration of the Term, including option periods, the Lessor shall
reimburse Lessee an amount (the “Unamortized Investment”) equal to the product of (i)
Lessee’s Investment, as that term is defined in Section 16(C) of this Agreement, which shall
be agreed to promptly after the Commencement Date by the parties and (ii) a fraction, the
numerator of which will be the number of complete months remaining until the completion
of the thirty-fifth year of the Term on the date of termination and the denominator will be
420 months.
C. Lessee’s Investment: Lessee’s Investment shall mean an amount equal to the
sum of (i) Lessee’s actual documented costs, both direct and indirect and both hard and soft,
in providing the Leasehold Improvements plus (ii) the cost of any alterations or
improvements approved by the Lessor pursuant to Section 6(A), if any. In the event Lessee
should utilize any components or materials already owned by it in constructing the Leasehold
Improvements, its “cost” for purposes of defining Lessee’s Investment shall mean the lesser
of (i) Lessee’s cost basis in such components or materials for federal income tax purposes at
the time of said construction is completed, or (ii) the fair market value of such components
or materials.
SECTION 17. LESSOR'S LIEN:
If Lessee is in default under any covenant, term or provision of the Agreement after
any applicable cure period, or has abandoned the Leased Premises, in addition to any other
rights pursuant to this Agreement, Lessee hereby grants to Lessor a lien upon any
improvements, personal property and trade fixtures of Lessee upon the Leased Premises,
which lien Lessor may satisfy by selling said improvements, personal property or trade
fixtures at public or private sale without notice to Lessee and from the proceeds of said sale
satisfy first any costs of storage, removal and sale, and any other debts due from Lessee to
Lessor, and secondly, satisfy the total amount of unpaid rent due hereunder and hold any
balance for the account of Lessee. This lien shall inure to Lessor's benefit whenever Lessee
is in default hereunder and when Lessor exercises any right, which Lessor may have at law,
in equity or under this Agreement.
SECTION 18. QUIET ENJOYMENT:
Lessee, upon payment of the fees and all other payments and charges to be paid by
Lessee under the terms of this Agreement and upon observing and keeping the agreements
HC BOC 111225 ws Pg. 187
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and each of the covenants of this Agreement on the part of Lessee to be observed and kept,
shall lawfully and quietly hold, occupy and enjoy the Leased Premises during the term of
this Agreement.
Lessee shall not commit or suffer to be committed in or upon the Leased Premises
any other act or thing which may unreasonably disturb the quiet enjoyment of any other
tenant at the Airport or adjoining property to the Airport.
SECTION 19. SALE, ASSIGNMENT, TRANSFER AND SUBLETTING:
Lessee shall not sell, assign, or transfer this Agreement without the prior written
consent of the Lessor, which consent may be withheld by Lessor for any reason in its sole
and absolute discretion. With the exception of subleasing Lessee’s hangar for the storage of
aircraft, Lessee shall not sublease the Leased Premises or any portion thereof, nor shall
Lessee sublet any privileges granted with respect to the operation of said Leased Premises or
any portion thereof. No assignment or sublease shall serve to release the Lessee from any of
its obligations, duties, or responsibilities under this Agreement unless the Lessor agrees
thereto in writing. No assignee for the benefit of Lessee's creditors, and no trustee, receiver,
or referee in bankruptcy shall acquire any rights under this Agreement by virtue of this
Section. Notwithstanding the above, the Lessee can, with Lessor’s prior written approval,
assign this lease to an affiliate, parent or subsidiary entity in which the Lessee has at least a
50% ownership interest. Subject to the terms and conditions of Section, the provisions of
this Agreement shall bind and inure to the benefit of the successors and assigns of the parties
hereto.
SECTION 20. PUBLIC USE AND FEDERAL GRANTS:
A. Grant Agreements: The parties acknowledge that the Leased Premises and the
Airport are subject to the terms of those certain sponsor's assurances made to guarantee the
public use of the Airport as incidental to grant agreements between Lessor and the United
States of America as amended, and that this Agreement is subordinate to those obligations.
B. Federal Grants and Public Use: The parties acknowledge that the Airport will
be operated as a public airport, subject to the provisions of the Federal Aviation Act so that
nothing contained in this Agreement shall be construed to grant or otherwise authorize the
granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act
of 1958. Lessor reserves the right to develop or improve, as it sees fit, the Airport, its landing
areas, and taxiways, regardless of the desires or views of Lessee and without interference or
hindrance therefrom. This Agreement shall be subordinate to the provisions of any existing
or future agreement between the Lessor and the United States of America, including
instrumentalities thereof, relative to the operation and maintenance of the Airport, the
execution of which has been or may be required as a condition precedent to the expenditure
of federal funds in developing the Airport.
HC BOC 111225 ws Pg. 188
16
C. Modifications to Comply with State or Federal Laws: Should the United
States or any instrumentality thereof having authority to do so, or the State of North
Carolina, require that any provision of this Agreement that is in violation of any federal or
state law or regulation or any provision of an existing grant agreement between the Lessor
and the United States or any instrumentality thereof, or the State of North Carolina, be
changed or deleted or should any such change or deletion be required in order for the Airport
to continue to retain its eligibility to receive federal funds or to participate in federal or state
programs or to avoid forfeiture of previous financial assistance, the Lessor may give the
Lessee notice that it elects that any such change or deletion be made. Lessee shall then elect
either to consent to any such change or deletion or to terminate this Agreement. Such
election shall be made in writing and delivered to the Lessor within thirty (30) days of the
date the Lessor gave notice to the Lessee of its election that any such change or deletion be
made.
D. Airport Rules and Regulations: The Lessee agrees to abide by all rules and
regulations concerning operational safety, parking of aircraft and other vehicles, fire
prevention and all other pertinent rules and provisions as promulgated by Lessor, the Airport,
and the Airport Director, copies of which rules are available to Lessee in the office of the
Airport Director.
E. FAA Rules and Regulations: Lessee shall at all times conduct its business in
a lawful manner and at all times conform to the rules and regulations of the Federal Aviation
Administration in so far as applicable to Lessee’s possession of the Leased Premises and in
the conduct of its business, and shall comply with the applicable Federal Aviation
Administration Required Contract Provisions, attached hereto as Exhibit “C”.
F. Americans with Disability Act: Lessee shall fully comply with all applicable
provisions of the Americans With Disabilities Act of 1990, P.L. 101-336, 104 Stat. 327
(ADA), expressly including, but not limited to, all requirements otherwise imposed on the
Lessor regarding the Leased Premises and invitees of Lessee, insofar as the Leased Premises
is considered a place of public accommodation and invitees or employees are covered by the
services, programs and activity previsions of Title II of ADA.
G. Non-Discrimination: Lessee for itself, its successors and assigns, agrees that
in its operation and use of the Leased Premises no person shall be excluded from participation
in, denied the benefit of, or be otherwise subjected to discrimination in the use of the Airport’s
facilities because of his or her race, color, sex or national origin and that Lessee shall not, on
the grounds of race, color or national origin, discriminate or permit discrimination against
any person or group of persons in any manner prohibited by 49 CFR Part 21 of the
Department of Transportation Regulations. A breach of this provision shall constitute an
event of default under the terms of this Agreement.
SECTION 21. SIGNS:
HC BOC 111225 ws Pg. 189
17
Lessee is granted the right to install reasonably compatible identification signs on and
about the Leased Premises, subject to the prior written approval of the Airport Director, not
to be unreasonably withheld. All signs shall be installed and maintained in compliance with
all governmental rules and regulations governing such signs, including the Harnett County
Unified Development Ordinance (“UDO”) and FAA requirements and standards as to signs.
Advertising on the Leased Premises is also subject to the UDO and Airport rules and
regulations.
SECTION 22. RELATIONSHIP BETWEEN THE PARTIES:
Lessor is neither a joint venture with nor a partner or associate of the Lessee with
respect to any matter provided for in this Agreement. Nothing herein contained shall be
construed to create any such relationship between the parties or to subject Lessor to any
obligation of the Lessee whatsoever.
SECTION 23. TIME OF THE ESSENCE:
Time is expressly to be of the essence in this Agreement.
SECTION 24. GOVERNING LAW AND VENUE:
This Agreement, its execution, interpretation, and performance, shall be governed by
and construed in accordance with the laws of the State of North Carolina. Any controversy
or claim arising out of or in any way related to this Agreement or the relationship established
by it, or the alleged breach thereof, whether at common law, in contract, in tort, or under
statute, shall be governed by the laws of the State of North Carolina. Venue for any case or
controversy in any way arising from or related to this Agreement shall be exclusively in
Harnett County, North Carolina, or the United States District Court for the Eastern District
of North Carolina, except for the enforcement of judgments issued from that court.
SECTION 25. NOTICES:
All notices requests, or demands herein provided to be given or made, or which made
be given or made by either party to the other, shall be given and made only in writing and
shall be deemed to have been duly given (i) on the date delivered when sent via nationally
recognized overnight courier (e.g. Federal Express), properly addressed and postage prepaid;
or (ii) upon delivery, if delivery is rejected when delivery was attempted of properly
addressed certified mail, postage prepaid with return receipt requested. The proper address
to which notices, requests, or demands may be given or made by either party shall be the
address set forth below or to such other address or to such other person as any party may
designate. Such address may be changed by written notice given to the other party in
accordance with this Section.
HC BOC 111225 ws Pg. 190
18
(A) LESSOR:
County of Harnett
Attn: Airport Director
615 Airport Road
Erwin, NC 28339
With a Copy to:
County of Harnett
Attn: Senior Staff Attorney
PO Box 238
Lillington, NC 27546
(B) LESSEE:
Harnett Air, LLC
Attn: Brian Raynor
PO Box 361
Fayetteville, NC 28302
With a Copy to:
Pope Law Group, P.A.
Attn: P. Tilghman Pope
PO Box 928
Dunn, NC 28335
SECTION 26. OBSTRUCTION LIGHTING:
Lessee agrees to install and maintain, including the furnishing of electrical power,
obstruction lights on all structures on or within the Leased Premises required under all
applicable FAA criteria.
SECTION 27. AMENDMENT OF LEASE:
The terms of this Agreement may not be changed, modified, waived, discharged or
terminated orally, but only be an instrument or instruments in writing signed by both Lessor
and Lessee.
SECTION 28. AUTHORIZATION TO EXECUTE AGREEMENT:
Lessor and Lessee certify that each of the individuals executing this Agreement are
HC BOC 111225 ws Pg. 191
19
duly authorized to do so on behalf of each such party.
SECTION 29. LEASEHOLD MORTGAGEE
Lessee is hereby given the right by Lessor, subject to approval by the County, to
mortgage its interest in this Agreement and assign its interest in this Agreement as collateral
security for such mortgage upon the condition that all rights acquired under such mortgage
shall be subject to each and all of the covenants, conditions and restrictions set forth in this
Agreement, and to all rights and interests of Lessor herein, none of which covenants,
conditions or restrictions is or shall be waived by Lessor by reason of the rights given Lessee
to mortgage its interest in this Agreement, except as expressly provided in this Section 29
and upon the further condition that the mortgagee or beneficiary of such mortgage or
assignment shall be an institution. For purposes of this Section 29, an “Institution” shall
mean a bank, savings and loan association, trust company, insurance company, public
pension fund or retirement fund, or a special purpose entity formed to originate or hold
commercial mortgages in connection with a securitization transaction.
If Lessee shall mortgage all or part of its interest in this Agreement and if the holder
of such mortgage shall, within thirty (30) days of its execution, send to Lessor a true copy
thereof together with written notice specifying the name and address of the mortgagee and
the pertinent recording data with respect to such mortgage, Lessor agrees that so long as the
leasehold mortgage remains unsatisfied of record or until written notice of satisfaction is
given by the holder to Lessor, the following provisions shall apply:
A. Mortgage Consent. Except for the right of Lessor to unilaterally amend this
Agreement specifically set forth herein, there shall be no cancellation, surrender or
modification of this Agreement by joint action of Lessor and Lessee without the prior written
consent of the leasehold mortgagee.
B. Notices to Mortgagee. Lessor shall, upon serving Lessee with any notice of
default, simultaneously serve a copy of such notice upon the holder of the leasehold
mortgage. The leasehold mortgagee shall have the same period, after service of such notice
upon it, to remedy or cause to be remedied the defaults complained of, and Lessor shall
accept such leasehold mortgagee’s acts if they had been performed by Lessee. In the event
Lessor desires to terminate this Agreement as a result of a default, Lessor shall provide the
leasehold mortgagee with written notice (the “Termination Notice”) of its intent to terminate
this Agreement. If Lessor desires to terminate this Agreement a result of a monetary
default, Lessor shall grant the leasehold mortgagee the right to cure or undertake the
elimination of such default within thirty (30) days after the leasehold mortgagee’s receipt of
the Termination Notice. If Lessor desires to terminate this Agreement as a result of a non-
monetary default (including without limitation any default caused by Lessee’s failure to
discharge or cause to be discharged any lien, charge or encumbrance junior in priority to the
leasehold mortgage), Lessor agrees not to terminate this Agreement if (a) the leasehold
mortgagee shall, within thirty (30) days after receipt of the Termination Notice commence
HC BOC 111225 ws Pg. 192
20
and diligently prosecute such actions as may be necessary to cause the foreclosure of its
leasehold mortgage (including without limitation seeking relief from the automatic stay
provisions of Section 362 of the Bankruptcy Code or any successor statute in any
bankruptcy proceeding affecting such foreclosure); (b) all rents and other charges payable
by Lessee under this Agreement shall be brought current within fifteen (15) days of the
receipt of the Termination Notice and shall be kept current throughout such foreclosure
proceedings; and (c) the leasehold mortgagee shall, within thirty (30) days of receipt of the
Termination Notice, commence and diligently prosecute all actions to perform all non-
monetary covenants and obligations of Lessee under this Agreement reasonably capable of
performance by the leasehold mortgagee throughout such foreclosure proceedings.
C. Insurance. Lessor agrees that the name of the leasehold mortgagee may be
added to the “Loss Payable Endorsement” of any and all insurance policies required to be
carried by Lessee under this Agreement on the condition that the insurance proceeds be
applied in the manner specified in this Agreement and that the leasehold mortgage or
collateral document so provide.
D. New Lease. Lessor agrees that in the event of termination of this Agreement
by reason of any default by Lessee, and the continued payment of Rent by the mortgagee,
that Lessor will enter into a new lease for the Leased Premises with the leasehold mortgagee
or its nominee, subject to the consent of Lessor to the nominee with such consent not to be
unreasonably withheld, for the remainder of the Term effective as of the date of such
termination, at the Rent and other charges, and upon the terms, provisions, covenants and
agreement contained in this Agreement, subject only to the rights, if any, of the parties then
in possession of any part of the Leased Premises, provided:
1. The mortgagee or its nominee shall make written request upon Lessor
for the new lease and the written request shall be accompanied by any then due payment
of Rent and other charges under this Agreement; and the mortgagee or nominee shall
execute and deliver the new lease within fifteen (15) days after Lessor has delivered it.
The mortgagee or its nominee shall pay to Lessor, at the time of execution and
delivery of the new lease, any and all sums which would then be due pursuant to this
Agreement but for such termination and, in addition thereto, any reasonable expenses,
including reasonable attorney’s fees, which Lessor shall have incurred by reason of
such default, including the costs of negotiation, approval and recording the new lease.
2. The mortgagee or its nominee shall perform and observe all covenants
in this Agreement to be performed by Lessee and shall further remedy any other
conditions which Lessee was obligated to perform under the terms of this Agreement.
3. Lessor shall not warrant possession of the Leased Premises to Lessee
or the leasehold mortgagee under the new lease.
4. The new lease shall be expressly made subject to the rights, if any, of
HC BOC 111225 ws Pg. 193
21
Lessee under this Agreement.
5. The tenant under the new lease shall have the same right, title and
interest in and to the Leased Premises as Lessee has under this Agreement.
E. Confirming Documentation. Lessor shall, upon request, execute,
acknowledge, and deliver to each leasehold mortgagee an agreement prepared at the sole cost
and expense of Lessee, in form satisfactory to the leasehold mortgagee and to Lessor,
between Lessor, Lessee and the leasehold mortgagee confirming the provisions of this
Section 29. Any additional reasonable costs incurred by Lessor in connection with the
agreement, including reasonable attorneys’ fees, shall be paid by Lessee or the leasehold
mortgagee.
The term “mortgage,” as used in this Section 30, shall include whatever security
instruments are used in the State of North Carolina, as well as financing statements, security
agreements and other documentation required pursuant to the Uniform Commercial Code.
SECTION 30. SURRENDER AND MERGER
If the interests of both Lessor and Lessee in the Leased Premises, or in the Leasehold
Improvements, shall become vested in the same owner, this Agreement shall not be
terminated by the operation of the doctrine of merger, but may be terminated only by a
written instrument consented to by the holders of all leasehold mortgages or deeds of trust
encumbering Lessee’s leasehold interest in the Leased Premises,
SECTION 31. FORCE MAJEURE
Neither party shall be deemed in default with respect to any of the terms, covenants
and conditions of this Agreement, if the party fails to perform and its failure is due in whole
or in part to any strike, lockout, labor trouble (whether legal or illegal), civil disorder,
inability to procure materials, failure of power, restrictive governmental laws and
regulations, riots, insurrections, war, fuel shortages, accidents, casualties, Acts of God, acts
caused directly or indirectly by the other party (or the other party’s agents, employees or
invitees) or any other cause beyond the commercially reasonable control of the
nonperforming party, excluding pandemics and their related effects; provided, however, that
nothing in this Section shall excuse Lessee’s failure to pay rent due to Lessor.
SECTION 32. INSPECTION PERIOD
A. Conditions Precedent. Notwithstanding anything in this Agreement to the
contrary, Lessee’s obligations under this Agreement are subject to the satisfaction or waiver
of all of the following conditions during the period beginning on the date of the execution of
this Agreement and ending one hundred eighty (180) days after the date of execution of this
Agreement (the “Inspection Period”).
HC BOC 111225 ws Pg. 194
22
1. Lessee shall have performed soil analysis, geotechnical investigations,
environmental site assessments and other studies necessary to determine that: (i) the soil on
the Leased Premises will support the Leasehold Improvements contemplated by Lessee, with
a standard foundation design, and (ii) no Regulated Substances are located on the Leased
Premises.
2. Lessee shall have satisfied itself as to the availability of and capacity
of water, sanitary sewer, storm sewer, electricity, natural or propane gas, telephone and other
utilities serving the Leased Premises.
3. Lessee shall have examined title and survey with respect to the Leased
Premises, and any objection to title and survey matters shall be addressed to Lessee’s
reasonable satisfaction. Lessor and Lessee acknowledge that Lessor shall have no obligation
to cure any such title and survey objections.
If the foregoing conditions are not satisfied or waived by Lessee prior to the
expiration of the Inspection Period, Lessee may terminate this Agreement by delivery of
written notice to Lessor at any time during the Inspection Period. If Lessee fails to deliver a
notice of termination prior to the expiration of the Inspection Period, all of the conditions set
forth in this Section 32 shall be deemed to have been satisfied or waived as of the last day of
the Inspection Period
[SIGNATURES TO FOLLOW ON NEXT PAGE]
HC BOC 111225 ws Pg. 195
23
IN WITNESS WHEREOF, the parties have executed this Agreement this day of
November, 2025.
LESSOR: COUNTY OF HARNETT
By:
Printed Name: Matthew B. Nicol
Title: Chairman of the Board of Commissioners
LESSEE: HARNETT AIR, LLC
By:
Printed Name: Brian Raynor
Title: Manager
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
I, _________________________, a Notary Public of the County and State aforesaid, do hereby
certify that Matthew B. Nicol appeared before me this day and acknowledged that he is Chair of
Harnett County Board of Commissioners, and that by authority duly given and as an act of the
Harnett County Board of Commissioners, the foregoing instrument was signed by its Chair.
Witnessed my hand and official stamp or seal, this ________ day of November, 2025
___________________________
Notary Public
My Commission Expires: _________
[Seal]
HC BOC 111225 ws Pg. 196
24
STATE OF ________________________
COUNTY OF _____________________
I, ________________________, a Notary Public of the County and State aforesaid, do hereby
certify that Brian Raynor, personally appeared before me this day and acknowledged that he/she is
a Manager of Harnett Air, LLC and that by authority duly given and as an act of the Company, the
foregoing instrument was signed on behalf of the company.
___________________________
Notary Public
My Commission Expires: _________
[Seal]
This instrument has been pre-audited in the manner required by the Local Government
Budget and Fiscal Control Act.
Kimberly Honeycutt
Finance Director
HC BOC 111225 ws Pg. 197
Exhibit "A" (SITE PLAN)
HC BOC 111225 ws Pg. 198
26
EXHIBIT "B"
COMPLIANCE WITH ENVIRONMENTAL LAWS
Lessee shall, at Lessee's own expense, comply with all present and hereinafter enacted
Environmental Laws, and any amendments thereto, affecting Lessee's operation on the Leased
Premises.
A. Definitions:
1. " Environmental Laws " shall mean those laws promulgated for the protection of human
health or the environment, including but not limited to the following as the same are
amended from time to time: the Comprehensive Environmental Response, Compensation,
and Liability Act, 42 U.S.C. Section 9601 et seq.; the Resource Conservation and
Recovery Act, 42 U.S.C Section 6901 et seq.; the Safe Drinking Water Act, 42 U.S.C. Section
300f et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; the Clean Air Act, 42 U.S.C.
Section 7401 et seq.; the Occupational Safety and Health Act of 1970, as amended, 84 Stat. 1590,
29 U.S.C. Sections 651-678, and the regulations promulgated thereunder and any other laws,
regulations and ordinance (whether enacted by the local, state or federal government) now in effect
or hereinafter enacted that deal with the regulation or protection of human health and the
environment, including the ambient air, ground water, surface water, and land use, including
substrata soils.
2. The term "Regulated Substances" includes:
a. Those substances identified or listed as a hazardous substance, pollutant, hazardous
material, toxic substance, solid waste, regulated substance, or petroleum in the
HC BOC 111225 ws Pg. 199
27
Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
Section 9601 et seq.; the Hazardous Materials Transportation Act, 49 U.S.C Section
1801 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et
seq.; and in the regulations promulgated thereto; and Underground Storage Tanks,
U.S.C. Sections 6991 to 6991i. Those substances listed in the United States
Department of Transportation Table (49 C.F.R. Section 172.101 and amendments
thereto) or by the Environmental Protection Agency as hazardous substances (40
C.F.R. Part 302 and amendments thereto); and,
b. All substances, materials and wastes that are, or that become, regulated under, or that
are classified as hazardous or toxic under any environmental law during the term of
this Agreement.
3. The term "release" shall mean any releasing, spilling, leaking, pumping, pouring,
emitting, emptying, discharging, injecting, escaping, leaching, disposing, or dumping.
B. Compliance:
1. Lessee shall not cause or permit any Regulated Substance to be used, generated,
manufactured, produced, stored, brought upon, or released on, or under the premises, or
transported to or from the Leased Premises, by Lessee, its agents, employees, contractors,
invitees for a third party in a manner that would constitute or result in a violation of any
Environmental Law or that would give rise to liability of Lessor under an Environmental
Law. Lessee shall indemnify, defend and hold harmless, on demand, the
Airport Authority (the “Authority”), its successors and assigns, its
HC BOC 111225 ws Pg. 200
28
elected and appointed officials, employees, agents, boards, commissions, representatives,
and attorneys, for, from and against any and all liabilities, obligations, damages, charges
and expenses, penalties, suits, fines, claims, legal and investigation fees for costs, arising
from or related to any claim or action for injury, liability, breach of warranty or
representation, or damage to persons, the environment or premises and any and all claims
or actions brought by any person, entity or governmental body, alleging or arising in
connection with contamination of, or adverse effects on, human health or the
environment pursuant to any Environmental Law, the common law, or other statute,
ordinance, rule, regulation, judgment or order of any governmental agency or judicial
entity, which are incurred or assessed as a result, whether in part or in whole, of any use
of the Leased Premises by Lessee during the term of this Agreement or any previous
lease for uses of the premises by Lessee or its owners or affiliated entities, or its agents,
employees, invitees, contractors, visitors or licensees. Lessee's obligations and liabilities
under this Article shall continue so long as the Authority bears any liability or
responsibility under the Environmental Laws for any use of the Leased Premises during
the term of this Agreement or any previous use of the Leased Premises by Lessee. This
indemnification of the Authority by Lessee includes, without limitation, costs incurred in
connection with any investigation of site conditions or any cleanup, remedial actions,
removal or restoration work required or conducted by any federal, state or local
governmental agency or political subdivision because of Regulated Substances located on
the Leased Premises or present in the soil or round water on, under or about the Leased
HC BOC 111225 ws Pg. 201
29
Premises.
2. Without limiting the forgoing, if the presence of any Regulated Substance on, under or
about the Leased Premises caused or permitted by Lessee or by any person or entity under
Lessee's control results in any contamination of the demised or any adjacent premises,
Lessee shall promptly take all actions at its sole cost and expense as are necessary to
mitigate any immediate threat to human health or the environment. Lessee
shall then undertake any further action necessary to return the Leased Premises to the
condition existing prior to the introduction of any regulated substance to the Leased
Premises; provided that the Authority's approval of such actions without regard to the
potential legal liability of any other person, however, any remedial activities by Lessee
shall not be construed as to impair Lessee's rights, if any, to seek contribution or indemnity
from another person.
3. Lessee shall, at Lessee's own cost and expense, make all tests, reports, studies and provide
all information to any appropriate governmental agency as may be required pursuant to the
Environmental Laws pertaining to Lessee's use of the Leased Premises. This obligation
includes but is not limited to any requirements for a site characterization, site assessment
and/or a cleanup plan that may be necessary due to any actual or potential spills or
discharges of regulated substances on, or under the premises, during the term of this
Agreement. At no cost or expense to the Authority, Lessee shall promptly provide all
information requested by the Authority pertaining to the applicability of the Environmental
Laws to the Leased Premises, to respond to any governmental investigation, or to respond
HC BOC 111225 ws Pg. 202
30
to any claim of liability by third parties, which is related to environmental contamination.
In addition, the Authority shall have the right to access, within two (2) days of Lessee’s
receipt of written request, and copy any and all records, test results, studies and/or other
documentation, other than trade secrets, regarding environmental conditions relating to the
use, storage, or treatment of regulated substances by the Lessee on, under or about the
Leased Premises.
4. Lessee shall immediately notify the Airport Director of any of the following: (a) any
correspondence or communication from any governmental agency regarding the
application of Environmental Laws to the premises or Lessee's use of the Leased Premises,
(b) any change in Lessee's use of the premises that will change or has the potential to
change Lessee's or the Authority's obligations or liabilities under Environmental Laws, and
(c) any assertion of a claim or other occurrence for which Lessee may incur an obligation
under this Exhibit.
5. Lessee shall insert the provisions of this Article in any agreement or contract by which it
grants a right or privilege to any person, firm or corporation under this Agreement.
6. Lessee shall at its own expense obtain and comply with any permits or approvals that are
required or may become required as a result of any use of the Leased Premises by the
Lessee, its agents, employees, contractors, invitees and assigns.
7. Lessee shall obtain and maintain compliance with any applicable financial responsibility
requirements of federal and/or state law regarding the ownership or operation of any device
used for the treatment or storage of a Regulated Substance and present evidence thereof to
HC BOC 111225 ws Pg. 203
31
the Authority, as may be applicable.
8. Lessee shall take reasonable precautions to prevent other persons not acting under
Lessee's authority from conducting any activity that would result in the release of a
Regulated Substance on the Leased Premises. Lessee shall also exercise due care with
respect to any Regulated Substance that may come to be located on the Leased Premises
as a result of the actions of third parties who are not under Lessee's authority.
C. Lessor’s Insurance:
Lessor agrees that during the term of this Agreement it shall keep and maintain insurance
covering any environmental contamination that may be caused, in whole or in part, by
Lessor, in such amounts as are determined to be reasonable in the sole discretion of the
Lessor and the Airport Director.
HC BOC 111225 ws Pg. 204
32
EXHIBIT C
REQUIRED FAA CONTRACT PROVISIONS
GENERAL CIVIL RIGHTS PROVISIONS
The lessee and its transferee agree to comply with pertinent statutes, Executive Orders and such
rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color,
national origin, sex, age, or disability be excluded from participating in any activity conducted
with or benefiting from Federal assistance.
This provision obligates the lessee or its transferee for the period during which Federal assistance
is extended to the airport through the Airport Improvement Program.
In cases where Federal assistance provides, or is in the form of personal property, real property
or interest therein, structures or improvements thereon, this provision obligates the party or any
transferee for the longer of the following periods:
(a) The period during which the property is used by the airport sponsor or any transferee
for a purpose for which Federal assistance is extended, or for another purpose involving the
provision of similar services or benefits; or
(b) The period during which the airport sponsor or any transferee retains ownership or
possession of the property.
CLAUSES FOR TRANSFER OF REAL PROPERTY ACQUIRED OR IMPROVED
UNDER THE ACTIVITY, FACILITY, OR PROGRAM
A. The lessee, for himself/herself, his/her heirs, personal representatives, successors in
interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a
covenant running with the land that:
1. In the event facilities are constructed, maintained, or otherwise operated on the
property described in this lease for a purpose for which a Federal Aviation Administration activity,
facility, or program is extended or for another purpose involving the provision of similar services
or benefits, the lessee will maintain and operate such facilities and services in compliance with all
requirements imposed by the Nondiscrimination Acts and Regulations listed in the Pertinent List
of Nondiscrimination Authorities (as may be amended) such that no person on the grounds of race,
color, or national origin, will be excluded from participation in, denied the benefits of, or be
otherwise subjected to discrimination in the use of said facilities.
HC BOC 111225 ws Pg. 205
B. With respect to this lease, in the event of breach of any of the above Nondiscrimination
covenants, the Johnston County Airport Authority will have the right to terminate the lease and to
enter, re-enter, and repossess said lands and facilities thereon, and hold the same as if the lease had
never been made or issued.
TITLE VI LIST OF PERTINENT NONDISCRIMINATION ACTS AND AUTHORITIES
During the performance of this Lease, Lessee, for itself, its assignees, and successors in interest
(hereinafter referred to as the “Lessee”) agrees to comply with the following non-discrimination
statutes and authorities; including but not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin);
49 CFR part 21 (Non-discrimination In Federally-Assisted Programs of The Department of
Transportation—Effectuation of Title VI of The Civil Rights Act of 1964);
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 CFR part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975
and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
“programs or activities” to include all of the programs or activities of the Federal-aid recipients,
sub-recipients and contractors, whether such programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on
the basis of disability in the operation of public entities, public and private transportation
systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131 –
12189) as implemented by Department of Transportation regulations at 49 CFR parts 37 and 38;
The Federal Aviation Administration’s Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures non-discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
HC BOC 111225 ws Pg. 206
Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
discrimination because of limited English proficiency (LEP). To ensure compliance with Title
VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq)
HC BOC 111225 ws Pg. 207
A:\Clerk to the Board docs\AGENDAS\2025\111225 ws\17.1 Agenda Memo_Historic Preservation Ordinance.docx
Page 1 of 1
Board Meeting
Agenda Item
MEETING DATE: November 17, 2025
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Historic Preservation Ordinance
REQUESTED BY: Christopher Appel - Senior Staff Attorney
REQUEST:
Legal Department requests the approval of the revised Historic Preservation
Ordianance.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
HC BOC 111225 ws Pg. 208
Item 17
1
HISTORIC PRESERVATION ORDINANCE
OF
HARNETT COUNTY
Adopted October 18, 2006
Amended through March 17, 2008
Amended __________________, 2025
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TABLE OF CONTENTS
Section 1.0 Purpose ............................................................................................................. 4
Section 2.0 Historic Properties Preservation & Heritage Tourism Commission
(HPTC) ................................................................................................................................ 4
2.1 Creation and Appointment ....................................................................................... 4
2.1.1 Representation of Jurisdiction ............................................................................ 4
2.2 Qualification of Members ......................................................................................... 4
2.3 Terms ......................................................................................................................... 5
2.4 Rules of Procedure .................................................................................................... 5
2.5 Powers and Duties .................................................................................................... 5
Section 3.0 Historic Landmarks ........................................................................................ 6
3.1 Adoption of a Designation Resolution ..................................................................... 6
3.2 Criteria for Designation ............................................................................................ 7
3.3 Inventory ................................................................................................................... 7
3.4 Required Procedures for Designation ..................................................................... 7
3.4.1 Submittal of Application .................................................................................... 7
3.4.2 Contents of Application ..................................................................................... 7
3.4.3 Designation Reports ......................................................................................... 7
3.4.4 Review Guidelines ............................................................................................. 8
3.4.5 Review by the North Carolina Department of Cultural Resources
(NCDCR), Division of Archives and History ........................................................... 8
3.4.6 Consideration of the Report .............................................................................. 8
3.4.7 Submission to the Board of Commissioners ..................................................... 9
3.4.8 Public Hearing ................................................................................................... 9
3.4.9 Adoption of a Designation Resolution ............................................................. 9
3.5 Actions Subsequent to Approval ............................................................................. 9
3.6 Denied Applications ................................................................................................ 9
Section 4.0 Historic Districts........................................................................................... 10
4.1 Adoption of a Designation Resolution ................................................................... 10
4.2 Criteria for Designation .......................................................................................... 10
4.3 Inventory ................................................................................................................. 10
4.4 Required Procedures for Designation ................................................................... 10
4.4.1 Designation Report ......................................................................................... 10
4.4.2 Review by the NCDCR, Division of Archives and History ........................... 10
4.4.3 Review by Other Groups................................................................................. 11
4.4.4 Adoption of a Designation Resolution ........................................................... 11
4.5 Revisions to Districts .............................................................................................. 11
Section 5.0 Certificate of Appropriateness ....................................................................... 11
5.1 Rules and Regulations ............................................................................................ 11
5.1.1 Development Restriction.................................................................................. 11
5.1.2 Exterior Features ............................................................................................. 11
5.1.3 Building Permit Restriction ............................................................................ 11
5.1.4 Protection of Character .................................................................................... 12
5.2 Review Guidelines .................................................................................................. 12
5.3 Administrative Approval for Minor Works Allowed ............................................. 12
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5.4 Limitations on Interior Review ............................................................................. 12
5.5 Certain Changes Not Prohibited .......................................................................... 12
5.6 Delay in Demolition of Designated Properties .................................................... 13
5.7 Demolition by Neglect ........................................................................................... 13
5.8 Required Procedures.............................................................................................. 13
5.8.1 Submittal of Application ....................................................................................13
5.8.2 Contents of Application .....................................................................................14
5.8.3 Notification of Affected Property Owners .......................................................14
5.8.4 Public Hearing ................................................................................................. 14
5.8.5 Reasons for HPC's Actions to Appear in Minutes ......................................... 14
5.8.6 HPC Action on Application ............................................................................ 14
5.8.7 Time Limits ..................................................................................................... 14
5.8.8 Submission of New Application ..................................................................... 14
5.8.9 Appeals of the HPC's Decision ...................................................................... 15
5.9 Publicly Owned Buildings and Structures ........................................................... 15
5.10 Remedies ............................................................................................................... 15
Section 6.0 Conflict with Other Laws .............................................................................. 15
Section 7.0 Effective ........................................................................................................... 15
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Section 1.0 Purpose
WHEREAS §160D-303 of the General Statues of North Carolina, provides for the
establishment and operation of hHistoric preservation cCommissions; and
WHEREAS it has become necessary to safeguard the heritage of Harnett County by
preserving important elements of our cultural, social, economic, and political, or architectural
history; and
WHEREAS in order to promote the use and conservation of such property for the education,
pleasure, and enrichment of the residents of Harnett County and the State as a whole;
BE IT NOW THEREFORE ORDAINED, that the Harnett County Board of County
Commissioners hereinafter referred to as “Board of Commissioners” does hereby establish
the HISTORIC PRESERVATION ORDINANCE OF HARNETT COUNTY AND THE
HARNETT COUNTY HISTORIC PROPERTIES PRESERVATION & HERITAGE
TOURISM COMMISSION hereinafter referred as the “Historic Properties & Heritage
Tourism Commission” or “HPHTCHPC”; and ordain that it be governed by the following
provisions:
Section 2.0 Historic Properties Preservation & Heritage Tourism Commission
(HPHTC)
2.1 Creation and Appointment
The HPHTC shall consist of five (5) regular members and two (2) alternate members
appointed by the Board of Commissioners. All members must reside in Harnett County within
the jurisdiction of the HPHTCHPC, which shall include the area wherein the County and
municipalities which adopt this ordinance have authority for planning and regulation of
development. The regular members of the HPHTC HPC should represent each of the five (5)
Board of Commissioners’ districts, but the Board of Commissioners may select no more than
two qualified candidates from the same district. Alternate members shall be at-large members;
however, both alternates shall not reside in the same district unless the Board of
Commissioners do not receive qualified candidates from different districts.
2.1.1 Representation of Jurisdiction
In making appointments to the HPHTCHPC, the Board of Commissioners shall strive to
appoint members geographically representing all areas of the HPHTC’sHPC’s territorial
jurisdiction, including but not limited to, participating municipalities. The provisions of the
Ordinance shall apply to the unincorporated areas of Harnett County as specifically identified
and delineated on the zoning map identified as The Official Zoning Map of Harnett County,
North Carolina. In establishing the HPHTCHPC and making appointments to it, the Board
of Commissioners shall seek the advice of state or local historical agencies, societies, or
organizations as it may deem necessary. The HPHTCHPC may appoint advisory bodies and
committees as appropriate.
2.2 Qualification of Members
A majority of the members of the HPHTCHPC shall have demonstrated special interest,
experience or education in history, architecture, archaeology, or related fields.
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2.3 Terms
HPHTCHPC members shall serve overlapping terms of three (3) years, and until their
successors have been appointed. Initially, the Board of Commissioners shall appoint three (3)
regular members to a full term of three (3) years and appoint two (2) regular members to a
two (2) year term. Alternate members shall be appointed to three (3) year terms. Thereafter,
the Board of Commissioners shall appoint members to three (3) year terms. Any vacancy
during the unexpired term of a member of the HPHTCHPC shall be filled in accordance with
the Rules of Procedure for the Board of Commissioners.
2.4 Rules of Procedure
The HPHTCHPC shall adopt Rules of Procedure necessary to the conduct of its affairs and
in keeping with the provisions of this ordinance. The Rules of Procedure adopted by the
HPHTC shall at least provide for the selection of its officers, the time and place of its regular
meetings and the calling of special meetings, the procedures for the conduct of public hearings,
the conduct of voting, the forms to be used in applying for and issuing or denying certificates
of appropriateness, and a list of minor works for which the Harnett County Planning
Development Services Department may issue Certificates of Appropriateness. These rules and
procedures shall be kept on file in the County Planning Department Office.
2.5 Powers and Duties
The HPHTCHPC is authorized and empowered to undertake such actions reasonably
necessary to the discharge and conduct of its duties and responsibilities as outlined in this
ordinance and the N.C. General Statutes, including but not limited to the following:
a) Undertake an inventory of properties of historical, prehistorical, architectural,
archaeological, and/or cultural significance.
b) Recommend to the Board of Commissioners individual buildings, structures, sites, areas,
or objects within its zoning jurisdiction to be designated by designation resolution as "historic
landmarks," and areas within its zoning jurisdiction to be designated by designation resolution
as "historic districts." Special consideration shall be given to any proposed “historic
landmarks” or “historic districts” which would promote heritage tourism in the County.
(c) Recommend to the Board of Commissioners that designation of any area as a historic
district or part thereof, or of any building, structure, site, area, or object as a historic landmark,
be revoked or removed for cause.
(d) Review and act upon proposals for alteration or demolition of designated landmarks and
for alteration, demolition, or new construction within historic districts, pursuant to this
ordinance.
(e) Conduct educational programs on historic landmarks and districts within the County and
any other programs or activities which attract visitors who seek authentic experiences that allow
them to engage with local history, events, and people..
(f) Cooperate with State, Federal and local governments in pursuing the purposes of this
Oordinance. The Board of Commissioners or the HPHTCHPC when authorized by the Board
of Commissioners may contract with the State, or the United States of America, or any agency
of either, or with any other organization, provided the terms are not inconsistent with state or
federal law.
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(g) Prepare and recommend the official adoption of a historic preservation element as part of
the County's comprehensive plan, at the request of the Board of Commissioners.
(h) Acquire by any lawful means the fee or any lesser included interest, including options to
purchase, to any historic landmarks, land to which historic buildings or structures may be
moved, or properties located within historic districts; hold, manage, preserve, restore and
improve the interest; and exchange or dispose of the interest by public or private sale, lease,
or otherwise, subject to covenants or other legally binding restrictions which will secure
appropriate rights of public access and promote the preservation of the property. All lands,
buildings, structures, sites, areas, or objects acquired by funds appropriated by tThe
HPHTCHPC, Board of Commissioners, or other County agency shall be acquired in the name
of the Harnett County unless otherwise provided by the Board of Commissioners.
(i) Restore, preserve, and operate such historic properties.
(j) Enter, at reasonable times, upon private property designated as a historic landmark, within
a historic district or under review for such designation and make examinations or surveys as
necessary to the performance of its official duties. The HPHTCHPC shall make a good faith
attempt to notify the property owner(s) or his duly authorized agent prior to entry. However,
no member, employee, or agent of the HPHTC may enter any private building or structure without
the express consent of the owner or occupant thereof.
(k) Negotiate at any time with the owner(s) of a building, structure, site, area or object for its
acquisition or its preservation, when such action is reasonably necessary and appropriate.
Section 3.0 Historic Landmarks
3.1 Adoption of a Designation Resolution
Upon compliance with the procedures set out in Section 3.4, the Board of Commissioners
may adopt and, quarterly, amend or repeal a designation resolution of one or more historic
landmarks. The designation resolution shall include information which shall:
(a) List the name(s) of the owner(s) of the property;
(b) Describe each property in the designation resolution, including the approximate area (size)
of the property so designated;
(c) Describe those elements of the property that are integral to its historical, prehistorical,
architectural, archaeological, and/or cultural significance;
(d) Provide for each designated historic landmark, a suitable sign or plaque indicating that the
landmark has been so designated. If the property owner does not consent to the placement
on the property, the sign or plaque shall be placed on a nearby public right-of-way; and
(e) Any other information the HPHTCHPC and/or Board of Commissioners deems necessary
within the authority of this ordinance and the general statutes.
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3.2 Criteria for Designation
In order for any building, structure, site, area, or object to be designated in a resolution as a
historic landmark, the HPHTCHPC must find that the property is of special significance in
terms of its history, prehistory, architecture, archaeology and/or cultural importance, and that
it possesses integrity of design, setting, workmanship, materials, feeling and/or association.
Additional consideration shall be given to any building, structure, site, area, or object that
would promote heritage tourism.
3.3 Inventory
The HPHTCHPC shall use an inventory of buildings, structures, sites, areas, or objects of
historical, prehistorical, architectural, and archaeological significance in the County as a guide
to the identification, assessment, and designation of historic landmarks. The HPHTCHPC
shall update the inventory quarterly.
3.4 Required Procedures for Designation
The Board of Commissioners may not adopt or amend a resolution, designating a historic
building, structure, site, area, or object, or acquire any landmark, until the steps prescribed by
this ordinance and its subsections have been taken, including rules of procedure and guidelines
for the altering, restoring, moving, or demolishing properties designated as historic.
Designation procedures may be initiated by the HPHTCHPC or at the request of property
owner(s) or his duly authorized agent.
3.4.1 Submittal of Application
An application for a designation shall be obtained from and, when completed, filed with the
Planning Development Services Department. Applications for designation shall be considered
by the HPHTCHPC at its next regularly scheduled meeting, provided they have been filed,
complete in form and content, at least fifteen (15) working days before the meeting; otherwise
consideration shall be deferred until the following meeting.
3.4.2 Contents of Application
The HPHTCHPC shall, by uniform rule in its Rules of Procedure, require information as is
reasonably necessary to determine the nature of the application. An application for a
designation shall not be considered complete until the required information is included. An
incomplete application shall not be accepted. Nothing shall prevent the applicant(s) from filing
with the application additional relevant information bearing on the application.
3.4.3 Designation Reports
The HPHTCHPC shall make, or cause to be made, an investigation and report that includes
all the information contained in this Section. Applications prepared by property owner(s) will
be judged by the same criteria as those prepared by the HPHTCHPC.
(a) The name(s) of the property to be considered for designation; both common and historic
names, if they can be determined;
(b) The name(s) and address of the current property owner(s);
(c) The location of the property proposed to be designated historic, including the street
address, Harnett County tax map and parcel numbers and/or the parcel identification number;
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(d) The date of construction and of any later alterations, if any, if they can be determined;
(e) An assessment of the significance of the site or structure pursuant to Section 3.2;
(f) An architectural and/or archaeological description of the area of the site or structure
proposed to be designated. If outbuildings or other appurtenant features are proposed to be
designated, the report shall contain a description of those features;
(g) A historical discussion of the site or structure within its type, period and locality;
(h) A photograph, current and historic if available, that clearly depicts the property proposed
to be designated and supplementary photographs showing facades, details and site layout; and
(i) A map showing the location of the property, including any outbuildings and appurtenant
features.
3.4.4 Review Guidelines
Prior to the designation of any historic landmark or district, the HPHTCHPC shall prepare
and adopt guidelines, not inconsistent with the N.C. General Statutes for altering, restoring,
moving, or demolishing of property designated as historic. It is the intention of these
guidelines to ensure, insofar as possible, that changes in designated landmarks or properties
located within designated districts shall be in harmony with the reasons for designation.
3.4.5 Review by the North Carolina Department of Cultural Resources (NCDCR),
Division of Archives and History
A report accepted by the HPHTC HPC shall be submitted to the NCDCR, Division of
Archives and History or its successor agency, for comments pursuant to NC General Statutes,
as amended from time to time. The NCDCR, Division of Archives and History or its successor
agency, acting through the State Historic Preservation Officer, shall, either at their own request
or at the initiative of the HPHTCHPC, be given an opportunity to review and comment upon
the substance and effect of the designation of any landmark pursuant to this ordinance.
3.4.6 Consideration of the Report
Once the designation report has been prepared, either by the HPHTCHPC or by the property
owner(s), and is deemed by the Planning Department to meet the provisions of subsection
3.4.1, the HPHTCHPC shall consider the report. The HPHTCHPC may accept it, amend it,
reject it, or recommend further study. Prior to final action on a designation report, the
HPHTCHPC shall indicate the extent to which the landmark meets the criteria for designation
in Section 3.2. The HPHTCHPC should consider any comments received in writing from the
NCDCR, Division of Archives and History or its successor agency. If the NCDCR, Division
of Archives and History does not submit its written comments or recommendations in
connection with any proposed designation within thirty (30) days following receipt of the
report, the HPHTCHPC and Board of Commissioners shall be relieved of any responsibility
to consider such comments. After the expiration of the thirty (30) day comment period given
the NCDCR, Division of Archives and History, the HPHTCHPC may recommend to the
Board of Commissioners that the property be designated as a historic landmark.
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3.4.7 Submission to the Board of Commissioners
The HPHTCHPC shall forward its recommendation to the Board of Commissioners. The
HPHTCHPC shall submit a copy of the designation report, any written comments received
from the NCDCR, Division of Archives and History, and, if the recommendation is for
approval, a proposed designation resolution, to the Board of Commissioners.
3.4.8 Public Hearing
When a proposed designation resolution is submitted, the HPHTCHPC and the Board of
Commissioners shall hold a joint public hearing or separate public hearings on the proposed
designation resolution. The HPC shall send a notification letter, including time and place, to
property owners adjacent to the subject property. It is recommended, but not required, that
the HPC also post a notification sign on the subject property and publish notice in a local
periodical.Notice of the hearing shall be made as provided by G.S. 160D-601.
3.4.9 Adoption of a Designation Resolution
Following the required public hearing, the Board of Commissioners shall consider the
designation report, the HPHTC’sHPC's recommendation, the NCDCR, Division of Archives
and History’s comments, and the comments made at the public hearing, and may adopt the
designation resolution as proposed, adopt it with amendments, or reject the resolution.
3.5 Actions Subsequent to Approval
Upon adoption of the resolution:
(a) Planning The Development Services Department shall send the owner(s) of the landmark,
as identified by current tax records, written notice of such designation of adoption of the
resolution by certified mail, return receipt requested.
c) b) The HPHTCHPC shall file one copy of the resolution and any subsequent amendments
thereto, in the office of the Register of Deeds of Harnett County. The Register of Deeds shall
index each historic landmark according to the name of the owner(s) in the grantee and grantor
indexes. A second copy of the resolution and any subsequent amendments thereto shall be
given to the Harnett County Building Inspections Office.
(c) All tax maps maintained by Harnett County shall clearly indicate the designation of a
building, structure, site, area, or object as a historic landmark for as long as the designation
remains in effect.
(d) The Planning Development Services Department shall notify the tax assessor of Harnett
County of the landmark designation. The assessor shall consider the designation and any
recorded restriction on the landmark in appraising it for tax purposes.
3.6 Denied Applications
If the Board of Commissioners denies a designation report, a copy of the minutes of the public
hearing at which such a decision to deny the report was made, shall be mailed to the owner(s)
of the property proposed for designation, as requested.
Formatted: Numbered + Level: 1 + Numbering Style:a, b, c, … + Start at: 1 + Alignment: Left + Aligned at: -0.16" + Indent at: 0.1"
Formatted: Condensed by 0.1 pt
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Section 4.0 Historic Districts
4.1 Adoption of a Designation Resolution
No historic district may exist without a resolution designating it as such. Upon compliance
with the procedures contained in Section 4.4, the Board of Commissioners within its
jurisdiction, may adopt and, quarterly, amend or repeal a resolution designating one or more
historic districts.
4.2 Criteria for Designation
In order for any area to be designated in a resolution as a historic district, the HPHTCHPC
must find that the area is of special significance in terms of its history, prehistory, architecture,
archaeology and/or cultural importance, and that it possesses integrity of design, setting,
workmanship, materials, feeling and /or association.
4.3 Inventory
The HPHTCHPC shall use an inventory of buildings, structures, sites, areas, or objects of
historical, prehistorical, architectural, and archaeological significance in the County as a guide
for the identification, assessment, and designation of historic districts. The HPHTCHPC shall
update the inventory quarterly.
4.4 Required Procedures for Designation
The Board of Commissioners may not adopt or amend a resolution designating a historic
district, nor may the Board of Commissioners or the HPHTCHPC accept any district until the
steps prescribed by this Section have been taken.
4.4.1 Designation Report
The HPC shall prepare or review an investigation and report describing the significance of the
buildings, structure, features, sites, or surroundings included in any such proposed district, and
the description of the boundaries of such district. Such report shall be referred to the Board
of Commissioners and the Planning Department for its review and comment according to
procedures set forth in the Harnett County Zoning OrdinanceUnified Development
Ordinance (“UDO”).
4.4.2 Review by the NCDCR, Division of Archives and History
All designation reports shall be submitted to the NCDCR, Division of Archives and History
by the HPHTCHPC. The NCDCR, Division of Archives and History or its successor agency,
acting through the State Historic Preservation Officer, shall, either upon their own request or
at the initiative of the HPHTCHPC, be given an opportunity to review and comment upon
the substance and effect of the designation of any district. If the NCDCR, Division of
Archives and History does not submit its written comments or recommendations in
connection with any proposed designation within thirty (30) days following receipt of the
report, the HPHTCHPC and the Board of Commissioners shall be relieved of any
responsibility to consider such comments. After the expiration of the thirty (30) day comment
period given the NCDCR, Division of Archives and History, the HPHTC HPC may
recommend to the Board of Commissioners that the area be designated as a historic district.
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4.4.3 Review by Other Groups
The Board of Commissioners may also, in its discretion, refer the designation report and
proposed boundaries to any local preservation commission or other interested body for its
recommendations prior to taking action to adopt or amend the designation resolution.
4.4.4 Adoption of a Designation Resolution
On receipt of these reports and recommendations, the Board of Commissioners may proceed
in the same manner as would otherwise be required for the adoption or amendment of any
appropriate zoning ordinanceUDO provisions.
4.5 Revisions to Districts
With respect to any changes in the boundaries of an adopted historic district subsequent to its
initial establishment, the requirements and procedures contained in Section 4.0 shall apply.
Section 5.0 Certificate of Appropriateness
5.1 Rules and Regulations
5.1.1 Development Restriction
From and after the designation of a historic landmark or district, no exterior portion of any
building or other structure (including masonry walls, fences, light fixtures, steps and pavement,
or other appurtenant features), nor above-ground utility structure nor any type of outdoor
advertising sign shall be erected, altered, restored, moved, or demolished on such landmark or
within such district until after an application for a Certificate of Appropriateness as to exterior
features has been submitted to and approved by the HPHTCHPC. A Certificate of
Appropriateness shall be required whether or not a building permit is required.
5.1.2 Exterior Features
For purposes of this ordinance, "exterior features" shall include the architectural style, general
design, and general arrangement of the exterior of a building or other structure, including the
kind and texture of the building material, the size and scale of the building or other structure,
and the type and style of all windows, doors, light fixtures, signs, and other appurtenant
fixtures. In the case of outdoor advertising signs, "exterior features" shall mean the style,
material, size, and location of all such signs. In adopting a resolution, establishing a historic
district, the Board of Commissioners may provide that "exterior features" also include historic
signs, color, and significant landscape, archaeological, and natural features of the area.
5.1.3 Building Permit Restriction
In adopting a resolution establishing a historic district, the County shall provide that no
building permit or other permit granted for the purposes of constructing, altering, moving, or
demolishing structures shall be issued unless the HPHTC HPC has first issued a Certificate of
Appropriateness authorizing the construction, alteration, moving, restoration, or demolition.
Any building permit or such other permit not issued in conformity with this Section shall be
invalid. In approving a Certificate of Appropriateness, the HPHTC HPC may attach
reasonable conditions necessary to carry out the purposes of this ordinance.
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5.1.4 Protection of Character
The HPHTC HPC shall take no action under this section except to prevent the construction,
reconstruction, alteration, restoration, moving, or demolition of buildings, structures,
appurtenant fixtures, outdoor advertising signs, or other significant features which would be
incongruous with the special character of the landmark or district.
5.2 Review Guidelines
The HPHTCHPC shall review the established guidelines prepared during the designation
resolution process for the subject property. It is the intention of these guidelines to ensure,
insofar as possible, that changes in designated landmarks or properties located within
designated districts shall be in harmony with the reasons for designation.
5.3 Administrative Approval for Minor Works Allowed
The Planning Development Services Department may issue a Certificate of Appropriateness
for minor works, as listed in the HPHTC’sHPC's Rules of Procedure. Minor works shall
include and are defined as those exterior changes that do not involve substantial alterations,
additions, or removals that could impair the integrity of the property and/or district as a whole.
No application for a minor works Certificate of Appropriateness may be denied without
formal action by the HPHTCHPC.
5.4 Limitations on Interior Review
Notwithstanding this ordinance, jurisdiction of the HPHTCHPC over interior spaces shall be
limited to specific interior features of architectural, artistic, or historical significance in publicly
owned landmarks, and of privately owned historic landmarks for which consent for interior
review has been given by the owner(s). If an owner’s consent for interior review has been filed
with the Register of Deeds of Harnett County and indexed according to the name of the
owner(s) of the property in the grantee and grantor indexes, such consent shall bind future
owners and/or successors in title. The designation resolution establishing the historic
designation shall specify the interior features to be reviewed and the specific nature of the
HPHTC ‘sHPC's jurisdiction over those features.
5.5 Certain Changes Not Prohibited
Nothing in this Oordinance shall be construed to prevent the ordinary maintenance or repair
of any exterior architectural feature of a historic landmark or property located within a district
that does not involve a change in design, material, or outer appearance thereof. Nor shall this
Oordinance be construed to prevent the construction, reconstruction, alteration, restoration,
moving, or demolition of any such feature when a building inspector or similar County official
certifies to the HPHTCHPC that such action is required for the public safety because of an
unsafe or dangerous condition. Nothing herein shall be construed to prevent the property
owner(s) from making any use of his property not prohibited by other statutes, ordinances, or
regulations. Nothing in this Oordinance shall be construed to prevent the maintenance of or,
in the event of an emergency, immediate restoration of any existing above-ground utility
structure without approval by the HPHTCHPC.
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5.6 Delay in Demolition of Designated Properties
Except as provided below, the HPHTC HPC may not deny an application for Certificate of
Appropriateness authorizing the relocation, demolition, or destruction of a designated historic
landmark or property located within a district. However, the HPHTC HPC may delay the
effective date of such a Certificate for a period of up to 365 days from the date of approval.
The HPHTC HPC may reduce the period of delay where it finds that the owner(s) would
suffer extreme hardship or be permanently deprived of all beneficial use of or return from
such property by virtue of the delay. During such period, the HHPHTC PC may negotiate
with the owner and with any other parties in an effort to find a means of preserving the
property, as provided in the “Powers and Duties” Section of this Ordinance. The HPHTC
HPC may deny an application for a Certificate of Appropriateness authorizing the relocation,
demolition or destruction of a building, site, or structure determined by the State Historic
Preservation Office to have statewide significance, as defined in the criteria of the National
Register of Historic Places, unless the HPHTC HPC finds that the owner(s) would suffer
extreme hardship or be permanently deprived of all beneficial use or return by virtue of the
denial. If the HPHTC HPC has voted to recommend designation of a property as a landmark
or designation of an area as a district, and final designation has not been made by the Board
of Commissioners, the relocation, demolition, or destruction of any building, site, or structure
located on the property of the proposed landmark or in the proposed district may be delayed
by the HPHTC HPC for a period of up to 180 days or until the Board of Commissioners takes
action on the designation, whichever occurs first. Should the Board of Commissioners
approve the designation prior to the expiration of the 180 day delay period, an application for
a Certificate of Appropriateness for relocation or demolition must then be filed; however, the
maximum delay period of 365 days shall be reduced by the period of delay while the
designation was pending.
5.7 Demolition by Neglect
Demolition by neglect of any designated historic landmark or property located within a district
shall constitute a violation of this Oordinance. The Board of Commissioners and/or HPHTC
HPC with the expressed consent of the Board of Commissioners may take appropriate actions
to prevent demolition by neglect, provided such actions include appropriate safeguards to
protect the property owner(s) from undue economic hardship.
5.8 Required Procedures
5.8.1 Submittal of Application
An application for a Certificate of Appropriateness shall be obtained from and, when
completed, filed with the Planning Development Services Department. Applications for
Certificates of Appropriateness shall be considered by the HPHTC HPC at its next regularly
scheduled meeting, provided they have been filed, complete in form and content, at least
fifteen (15) working days before the meeting; otherwise consideration shall be deferred until
the following meeting.
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5.8.2 Contents of Application
The HPHTC HPC shall, by uniform rule in its Rules of Procedure, require information as is
reasonably necessary to determine the nature of the application. An application for a
Certificate of Appropriateness shall not be considered complete until the required information
is included. An incomplete application shall not be accepted. Nothing shall prevent the
applicant(s) from filing with the application additional relevant information bearing on the
application.
5.8.3 Notification of Affected Property Owners
Before considering an application for a Certificate of Appropriateness, the HPHTC HPC shall
notify by mail the owner(s) of any adjacent property. The mailed notices are for the
convenience of the property owner(s) and occupant(s) and any defect or omission therein shall
not impair the validity of issuing a Certificate of Appropriateness, or any following action.
5.8.4 Public Hearing
When considering an application, the HPHTC HPC shall give the applicant(s) and
Stakeholder(s) of any property likely to be materially affected by the application, an
opportunity to be heard at a public hearing.
5.8.5 Reasons for HPHTC’sHPC's Actions to Appear in Minutes
The HPC HPHTC shall cause to be entered into the minutes of its meeting the reasons for its
actions, whether it be approval, approval with modifications, deferral or denial. The minutes
shall also contain a summary of any citation to the evidence, testimony, studies, or other
authority upon which it based its decision.
5.8.6 HPHTC HPC Action on Application
When considering the application, the HPHTC HPC shall apply the review guidelines required
by Section 6.0, and shall, before final action on the application, make findings of fact indicating
the extent to which the application is or is not in compliance with the review criteria. The
HPHTC’s HPC's action on the application shall be approval, approval with modifications,
deferral, or disapproval.
5.8.7 Time Limits
If the HPHTC HPC fails to take final action upon any application within 180 days from the
date the complete application is filed with the Planning Development Services Department,
the application shall be deemed to be approved as submitted. This time period may be
extended to an exact date upon mutual agreement between the HPHTC HPC and the
applicant(s). A Certificate of Appropriateness shall expire 180 days after the date of issuance,
or in the case of a demolition Certificate of Appropriateness, the effective date, if the work
authorized by the Certificate has not been commenced. If the work has been discontinued for
a period of 365 days after commencement, the Certificate shall immediately expire.
5.8.8 Submission of New Application
If the HPHTC HPC denies a Certificate of Appropriateness, a new application affecting the
same property may be submitted only if substantial change is made in plans for the proposed
construction, reconstruction, alteration, restoration, or moving.
HC BOC 111225 ws Pg. 222
15
5.8.9 Appeals of the HPHTC’sHPC's Decision
An appeal may be made to the Harnett County Board of Adjustment regarding the HPHTC’s
HPC's action in approving or denying any application for a Certificate of Appropriateness.
Written notice of intent to appeal must be sent to the Harnett County Board of Adjustment
HPC, postmarked within twenty thirty (2030) days following theof receipt of HPHTC’s HPC's
written decision., unless oral notice of appeal is made to the HPC during the meeting at which
the decision is rendered. Appeals must be filed with the Harnett County Board of Adjustment
within sixty (60) days following the Commission's decision. Appeals shall be in the nature of
certiorari and, to the extent applicable, shall comply with the provisions set forth in G.S. 160D-
1402.. The Board of Adjustment's decision in any such case may be appealed to the Superior
Court of Harnett County in accordance with the provisions of G.S. 160D-1402.
5.9 Publicly Owned Buildings and Structures
Designated historic buildings, structures, sites, areas, or objects in the HPHTC’s HPC’s
jurisdiction owned by State of North Carolina or any of its political subdivisions, agencies, or
instrumentalities shall be subject to the regulations imposed by this Oordinance, in accordance
with N.C. General Statutes.
5.10 Remedies
In case any building, structure, site, area, or object designated a historic landmark or any
property located within a historic district is about to be demolished as the result of deliberate
neglect or otherwise, materially altered, remodeled, constructed, or removed, except in
compliance with this Oordinance, the Board of Commissioners, the HPHTCHPC, or other
party aggrieved by such action may institute any appropriate action or proceedings to prevent
such unlawful demolition, material alteration, remodeling, or removal, to restrain, correct or
abate such violation, or to prevent any illegal act or conduct with respect to such historic
property.
Section 6.0 Conflict with Other Laws
Whenever the provisions of this Oordinance are in conflict with any other statute, charter
provision, ordinance or regulation of the County, the more restrictive ordinance or regulation
shall govern.
Section 7.0 Effective
Duly adopted this day of , 200_October 18, 2006
Amended this the _____ day of ______________, 2025.
HARNETT COUNTY BOARD OF COMMISSIONERS
Matthew B. Nicol, Chairman
HC BOC 111225 ws Pg. 223
16
ATTEST:
Melissa Capps, Clerk to the Board
HC BOC 111225 ws Pg. 224
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Board Meeting
Agenda Item
MEETING DATE: November 17, 2025
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Resolution to Direct the Expenditure of Opioid Settlement Funds
REQUESTED BY: Christopher Appel - Senior Staff Attorney
REQUEST:
Legal Department requests the adoption of the Resolution to Direct the Expenditrue of
Opioid Settlement Funds. The Resolution directs the expenditure for the following:
$40,000 for Naloxone distribution; $10,550 for creating and distrubting "hygiene-type"
kits for the Harnett County Post-Overdose Response Team; and $1,000 to cover the
costs of training for pharmacists.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
HC BOC 111225 ws Pg. 225
Item 18
1
RESOLUTION BY THE COUNTY OF HARNETT
TO DIRECT THE EXPENDITURE OF OPIOID SETTLEMENT FUNDS
WHEREAS, the County of Harnett (the “County”) has joined national settlement
agreements with companies engaged in the manufacturing, distribution, and dispensing of
opioids; and
WHEREAS, the allocation, use, and reporting of funds stemming from these national
settlement agreements and certain bankruptcy resolutions (“Opioid Settlement Funds”) are
governed by the Memorandum of Agreement Between the State of North Carolina and Local
Governments on Proceeds Relating to the Settlement of Opioid Litigation (“MOA”); and the
Supplemental Agreement for Additional Funds from Additional Settlements of Opioid Litigation
(“SAAF”); and
WHEREAS, the County has received Opioid Settlement Funds pursuant to these national
settlement agreements and deposited the Opioid Settlement Funds in a separate special revenue
fund as required by section D of the MOA; and
WHEREAS, section E.6 of the MOA states:
E.6. Process for drawing from special revenue funds.
a. Budget item or resolution required. Opioid Settlement Funds can be used for a purpose
when the Governing Body includes in its budget or passes a separate resolution
authorizing the expenditure of a stated amount of Opioid Settlement Funds for that
purpose or those purposes during a specified period of time.
b. Budget item or resolution details. The budget or resolution should (i) indicate that it is an
authorization for expenditure of opioid settlement funds; (ii) state the specific strategy or
strategies the county or municipality intends to fund pursuant to Option A or Option B,
using the item letter and/or number in Exhibit A or Exhibit B to identify each funded
strategy, and (iii) state the amount dedicated to each strategy for a stated period of time.
NOW, THEREFORE BE IT RESOLVED, in alignment with the NC MOA and SAAF, the
County of Harnett authorizes the expenditure of opioid settlement funds as follows:
1. Strategy authorized
a. Name of Strategy: Naloxone Distribution
b. Strategy is included in Exhibit A.
c. Item letters and/or numbers in Exhibit A to the MOA: Strategy 7
d. Amount authorized for this strategy: $40,000.00
e. Period of time during which expenditure may take place:
Start date: November 17, 2025 through End date: December 31, 2027.
HC BOC 111225 ws Pg. 226
2
f. Description of the program, project, or activity: The settlement funds will be
expended for distribution of naloxone through individuals, community-based
organizations, and faith-based organizations and to supply Harnett County Schools
with naloxone for use at schools and school buses. Community-based and faith-based
organizations will be required to complete an application at the Harnett County
Health Department that will contain a description of the organization, a plan of
distribution, and the intended recipients. Those groups that receive an allocation of
naloxone will be required to report back to the County to maintain eligibility in the
distribution program.
g. Provider: Harnett County via the Harnett County Health Department
2. Strategy authorized
a. Name of strategy: Post Overdose Response Team
b. Strategy is included in Exhibit A.
c. Item letters and/or numbers in Exhibit A to the MOA: Strategy 8.
d. Amount authorized for this strategy: $10,550.00.
e. Period of time during which expenditure may take place:
Start date: November 17, 2025 through End date: December 31, 2027.
f. Description of the program, project, or activity: The settlement funds will be
expended for the purpose of creating and distributing personalized “hygiene-type”
kits for the Harnett County Post-Overdose Response Team (PORT), stored in branded
drawstring bags, for individuals encountered through community events, during
outreach, as well as encounters in the field. These kits will serve to build trust,
promote engagement, and address immediate basic needs—creating opportunities for
meaningful conversations about harm reduction, treatment resources, and support
services.
g. Provider: Harnett County via Harnett County PORT.
3. Strategy authorized
a. Name of strategy: Evidence-Based Addiction Treatment
b. Strategy is included in Exhibit A.
c. Item letters and/or numbers in Exhibit A to the MOA: Strategy 2.
d. Amount authorized for this strategy: $1,000.00.
e. Period of time during which expenditure may take place:
Start date: November 17, 2025 through End date: December 31, 2026.
f. Description of the program, project, or activity: The settlement funds will be
expended for the purpose of covering the cost of training for pharmacists to become
certified to administer long-acting injectables as part of the program to disperse
medications for Opioid Use Disorder (OUD) for uninsured and underinsured patients
who cannot afford the cost of the medications.
g. Provider: Cape Fear Valley Health.
The total dollar amount of Opioid Settlement Funds appropriated across the above named and
authorized strategies shall not exceed $51,550.00.
HC BOC 111225 ws Pg. 227
3
Adopted this the 17th day of November 2025.
__________________________________________
Matthew Nicol, Chairman
Harnett County Board of Commissioners
ATTEST:
__________________________________________
Melissa Capps, Clerk to the Board
HC BOC 111225 ws Pg. 228
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Board Meeting
Agenda Item
MEETING DATE: November 17, 2025
TO: HARNETT COUNTY BOARD OF COMMISSIONERS
SUBJECT: Rules of Procedure for the Board of County Commissioners
REQUESTED BY: Christopher Appel - Senior Staff Attorney
REQUEST:
Legal Department requests the approval of the changes to the Rules of Procedure for
the Board of County Commissioners. The update to Rule 6 - Regular and Special
Meetings includes the addition of the meeting on the Second Tuesday of each Month at
9 a.m. and updates the location of the regular meetings.
FINANCE OFFICER’S RECOMMENDATION:
COUNTY MANAGER’S RECOMMENDATION:
HC BOC 111225 ws Pg. 229
Item 19
Page 1 of 15
RULES OF PROCEDURE FOR THE
BOARD OF COUNTY COMMISSIONERS OF
HARNETT COUNTY, NORTH CAROLINA
I. APPLICABILITY
Rule 1. Applicability of Rules.
These rules apply to all meetings of the Board of Commissioners of Harnett County at which the
Board is empowered to exercise any of the executive, quasi-judicial, administrative, or
legislative powers conferred on it by law.
II. OPEN MEETINGS
Rule 2. Meetings to be Open.
The public policy of North Carolina and of Harnett County is that the hearings, deliberations,
and actions of this Board and its committees be conducted openly.
Rule 3. Closed Sessions.
(a) It is the policy of Harnett County that closed sessions shall be held only when required to
permit the Board of Commissioners to act in the public interest as permitted in this
section. The list includes:
1. To prevent the disclosure of information that is privileged or confidential pursuant to
the law of this State or of the United States, or not considered a public record within
the meaning of Chapter 132 of the General Statutes (The Public Records Law).
2. To prevent the premature disclosure of an honorary degree, scholarship, prize, or
similar award.
3. To consult with an attorney employed or retained by the Board in order to preserve
the attorney-client privilege between the attorney and the Board, which privilege is
hereby acknowledged. This subdivision prohibits discussion of “general policy
matters” in closed session and declares that it shall not be construed to permit a public
body to close a meeting that otherwise would be open merely because an attorney
employed or retained by the Board is a participant. The subdivision permits the
Board to consider and give instructions to an attorney concerning the handling or
settlement of a claim, judicial action, or administrative procedure, with terms of any
settlement to be made public within a reasonable time.
4. To discuss matters relating to the location or expansion of industries or other
businesses in the area served by the Board.
5. To establish, or to instruct the Board’s staff or negotiating agents concerning the
position to be taken by or on behalf of the Board in negotiating (i) the price and other
material terms of a contract or proposed contract for the acquisition of real property
by purchase, option, exchange, or lease; or (ii) the amount of compensation and other
material terms of an employment contract or proposed employment contract.
HC BOC 111225 ws Pg. 230
Page 2 of 15
6. To consider the qualifications, competence, performance, character, fitness,
conditions of appointment, or conditions of initial employment of an individual public
officer or employee or prospective public officer or employee; or to hear or
investigate a complaint, charge, or grievance by or against an individual public officer
or employee. This subdivision prohibits discussion of “general personnel policy
issues” or considerations of the qualifications, competence, performance, character,
fitness, appointment, or removal of a member of the Board or another body or
consideration of (or filling of) a vacancy among its own membership in closed
session.
7. To plan, conduct, or hear reports concerning investigations of alleged criminal
misconduct.
8. To discuss and take action regarding plans to protect public safety as it relates to
existing or potential terrorist activity and to receive briefings by staff members, legal
counsel, or law enforcement or emergency service officials concerning actions take or
to be taken to respond to such activity.
9. To view a recording released pursuant to G.S. 132-1.4A
(b) The Board may go into closed session only upon motion made and adopted at an open
meeting. The motion shall state the permitted purpose of the closed session and if the
closed session is to consult with an attorney in order to preserve the attorney-client
privilege, the motion must identify the parties in each existing lawsuit which the Board
expects to receive advice during the closed session. The motion must be approved by a
majority of those Board members present and voting.
(c) Minutes shall be kept of all closed sessions of the Board, but may be withheld from
public inspection so long as public inspection would frustrate the purpose of the closed
session.
(d) The County Manager, Assistant County Manager, Finance Officer, and the County
Attorney shall attend the closed session, unless expressly excluded in the motion. Other
persons shall not attend the closed session unless expressly included in the motion or
otherwise called into the session.
III. ORGANIZATION OF THE BOARD
Rule 4. Organizational Meeting.
On the first Monday of December following a general election in which County officers are
elected, the Board shall meet at the regular meeting time and place. If new members are elected,
the order of business shall be:
(a) The Board shall approve the minutes of its prior meeting and other items of business.
(b) The newly elected members of the Board shall take and subscribe the oath of office.
(c) With the Clerk to the Board presiding, the Board shall elect a Chairman and a Vice
Chairman from its members.
HC BOC 111225 ws Pg. 231
Page 3 of 15
Rule 5. Election of Chairman and Vice Chairman.
The Chairman and Vice Chairman of the Board shall be elected annually for a term of one year
and shall not be removed from the office of Chairman or Vice Chairman unless he/she becomes
disqualified to serve as a Board member.
IV. REGULAR AND SPECIAL MEETINGS
Rule 6. Regular and Special Meetings.
(a) Regular Meetings: The Board shall hold regular meetings as follows:
First Monday of each Month at 9 a.m.
Second Tuesday of each Month at 9 a.m.
Third Monday of each Month at 6 p.m.
If a regular meeting day is a holiday on which county offices are closed, the meeting shall
be held on the next business day or such succeeding day as may be specified in the
motion adjourning the immediately preceding regular meeting. Regular meetings are
held in the County AdministrationHarnett County Resource Center and Library
bBuilding. The Board may change or cancel the place or time of a particular regular
meeting or of all regular meetings within a specified period by resolution adopted,
posted, and noticed at least seven days before the change takes effect or as provided by
statute or herein. Such a resolution shall be filed with the Clerk to the Board and posted
at or near the regular meeting place, and copies shall be sent to all persons who have
requested notice of special meetings of the Board.
(b) Special Meetings. The Chairman or a majority of board members may at any time call a
special meeting of the Board by signing a notice stating the time and place of the meeting
and the subjects to be considered. The Clerk shall cause the notice to be posted on the
bulletin board in the courthouse, on the door of the meeting room, and delivered to the
Chairman and all other Board members or left at the dwelling place of each Board
member at least 48 hours before the meeting. In addition, the notice shall be mailed or
delivered to individual persons and news organizations that have requested such notice as
provided in subsection (e) below. Only items of business specified in the notice may be
transacted at a special meeting.
(c) Emergency Meetings. The Chairman or a majority of members may call an emergency
meeting to deal with an unexpected circumstance requiring immediate consideration.
The person or persons calling the emergency meeting shall cause notice of the meeting to
be given to the other Board members and the public. Local news organizations, having
requested notice of special meetings as provided in subsection (e), below, shall be
notified of such emergency meetings by the same method used to notify Board members.
Only business connected with the emergency may be discussed at the meeting.
HC BOC 111225 ws Pg. 232
Page 4 of 15
(d) Work Sessions, Retreats, and Committee Meetings. The Board may schedule work
sessions, retreats, forums, conventions, associations, and committee meetings, or other
information meetings of the Board or of a majority of its members at such times and
concerning such subjects as may be established by resolution or order of the Board. A
schedule of such meetings held regularly shall be filed in the same place and manner as
the schedule of regular meetings. Work sessions and other informal official meetings not
held regularly are subject to the same notice requirements as special Board meetings.
(e) Sunshine List. Any individual and/or newspaper, radio station, and television Station
desiring notice of all special and emergency meetings of the Board shall file a written
request with the Clerk to the Board of Commissioners.
Rule 7. All Meetings Within the County.
(a) All meetings shall be held within the boundaries of Harnett County, except as otherwise
provided by statute or herein.
(b) Remote Meetings. Upon issuance of a declaration of a state of emergency under G.S.
166A-19.20 that includes Harnett County in the area of emergency, the Board may
conduct remote meetings or members may participate remotely, in accordance with this
section and Article 33C of Chapter 143 of the General Statutes throughout the duration of
that declaration of emergency. Quasi-judicial meetings cannot be heard by remote
participation. At the start of a remote meeting or meeting where members are
participating remotely through a method of simultaneous communication, the Chairman
shall announce that there are members who are participating remotely and each member
shall identify themselves.
(c) A joint meeting with the governing board of any other political subdivision of this or any
other state may be held within the boundaries of either subdivision as may be specified in
the call of the meeting. At any such joint meeting, this Board reserves the right to vote
separately on all matters coming before the joint meeting.
(d) A special meeting between the Board of Commissioners and its local legislative
delegation during a session of the General Assembly; provided, however, that at any such
meeting, the members of the Board of Commissioners may not vote upon or otherwise
transact public business except with regard to matters directly relating to legislation
proposed to or pending before the General Assembly.
(e) A special meeting called in connection with a retreat, forum, or similar gathering may be
held solely for the purpose of providing members of the Board with general information
relating to the performance of their public duties; provided, however, that the members of
the Board shall not vote upon nor otherwise transact public business while in attendance
at such a gathering.
HC BOC 111225 ws Pg. 233
Page 5 of 15
(f) While in attendance at a convention, association meeting, or similar gathering, a special
meeting may be held; provided, however, that any such meeting may be held solely to
discuss or deliberate on the Board’s position concerning similar issues that are not legally
binding upon the Board of Commissioners or its constituents.
Rule 8. Broadcasting and Recording of Meetings
(a) Except as provided in this rule, any radio or television station may broadcast all or any
part of an official Board meeting required to be open to the public. Any person may
photograph, film, tape-record, or otherwise reproduce any part of a meeting required to
be open.
(b) Any radio or television station wishing to broadcast any portion of any portion of an
official Board meeting shall so notify the County Manager no later than two business
days before the meeting. If the number of requests or the quantity and size of the
necessary equipment is such that the meeting cannot be accommodated in the designated
meeting room and no suitable alternative site is available, the County Manager may
require the news media to either pool equipment and personnel or to secure and pay the
costs of an alternative meeting site mutually agreeable to the Board and the media
representative.
(c) In the event that a state of emergency or disaster is declared, any meeting, held remotely
by electronic means or meetings where the Board meets in person but the public is denied
access to the meeting due to the state of emergency, shall be made accessible to the
public by streaming online. If the remote meeting is conducted by conference call, the
Board must provide the public with an opportunity to dial in or stream the audio live and
listen to the remote meeting.
V. AGENDA
Rule 9. Agenda
(a) The County Manager shall prepare the agenda for each regular, special, and emergency
meeting. A request to have an item of business placed on the agenda for a regular
meeting must be received by Monday noon of the week preceding the regular meeting
day. Any Board member may, by a timely request, have an item placed on the agenda. A
request to place an item on the agenda from other than a Board member shall be at the
discretion of the County Manager and Chairman of the Board.
(b) The agenda packet shall include the agenda document, any proposed ordinances or
amendments to ordinances, and supporting documentation and background information
relevant to items on the agenda. A copy of the agenda packet shall be available to each
Board member not later than Wednesday of the week preceding the regular meeting day.
(c) The Board may, by unanimous vote of the members present, add or delete an agenda
item.
HC BOC 111225 ws Pg. 234
Page 6 of 15
(d) The County Manager may propose a consent agenda as part of the main agenda. The
consent agenda shall contain those routine items of business that do not normally involve
debate. The Board may approve all items on the consent agenda by adopting one (1)
motion. The Board may transfer an item from the consent agenda to the main agenda
upon a majority vote of the members present and voting. A motion to transfer should
normally be made at the beginning of the meeting. The consent agenda may include, but
is not limited to, the following routine items of business:
1. Approval of minutes from the prior meeting.
2. Budget amendments/revisions.
3. Disposition of surplus personal property to other governmental agencies.
4. Granting to North Carolina Department of Transportation road right-of-
way easements on County property.
5. Resolutions of appreciation, support, and recognition.
6. Resolutions requesting road additions to the state highway secondary road
system.
7. Tax releases, tax refunds.
VI. CONDUCT OF DEBATE
Rule 10. Powers of the Chairman.
The Chairman shall preside at all Board meetings. In the absence of the Chairman, the Vice
Chairman shall preside at Board meetings. If the Vice Chairman is absent, Board members
present may appoint someone to chair the meetings. To address the Board, a member must be
recognized by the Chairman. The Chairman shall have the following powers:
(a) To rule on points of parliamentary procedure, including the right to rule out of order any
motion offered for patently obstructive or dilatory purposes;
(b) To determine whether a speaker has gone beyond reasonable standards of courtesy in his
or her remarks and to entertain and rule on objections from other members on this
ground;
(c) To call a brief recess at any time;
(d) To adjourn in an emergency.
Rule 11. Action by the Board.
The Board shall proceed by motion. Any member, including the Chairman, may make a motion.
During remote meetings, when a member is participating remotely by a method of simultaneous
communication and the members cannot be physically seen by the public, prior to making a
motion, the moving member shall identify themselves.
HC BOC 111225 ws Pg. 235
Page 7 of 15
Rule 12. Second Required.
A motion shall require a second. A motion shall be ruled dead by the Chairman if a second is
not received within a reasonable period of time.
Rule 13. One Motion at a Time.
A member may make only one motion at a time.
Rule 14. Substantive Motion.
A substantive motion is out of order while another substantive motion dealing with another
subject matter is pending.
Rule 15. Substitute Motion.
A substitute motion (an amendment) dealing with the same subject matter as the original
substitute motion is in order and shall be acted upon prior to action on the original motion.
Rule 16. Debate.
The Chairman shall state the motion and then open the floor to debate. During remote meetings,
when a member is participating remotely by a method of simultaneous communication and the
member cannot be physically seen by the public, prior to participating in debate, the speaking
member shall identify themselves.
Rule 17. Adoption by Majority Vote.
A motion shall be adopted if approved by a majority of the votes cast, unless otherwise required
by these rules or North Carolina laws.
Rule 18. Procedural Motions.
(a) In addition to substantive proposals, the procedural motions listed in subsection (b) of
this rule, and no others shall be in order. Unless otherwise noted, each motion is
debatable, may be amended, and requires a majority vote for adoption.
(b) In order of priority, the procedural motions are:
• To adjourn. The motion may be made only at the conclusion of action on a pending
matter; it may not interrupt deliberation of a pending matter.
• To Recess.
• To Call to Follow the Agenda. The motion must be made at the first reasonable
opportunity or it is waived.
• To Suspend the Rules, the motion requires a two-thirds (2/3) vote of the members
present.
• To Divide a Complex Motion and Consider it by Paragraph.
HC BOC 111225 ws Pg. 236
Page 8 of 15
• To Defer Consideration. A substantive motion whose consideration has been
deferred expires unless a motion to revive consideration is adopted within one
hundred (100) days after deferral.
• To Postpone to a Certain Time or Day.
• To Refer to Committee. Sixty (60) days after a motion has been referred to
committee, the introducer may compel consideration of the measure by the entire
Board, regardless of whether the committee has reported the matter back to the
Board.
• To Amend. An amendment to a motion must be germane to the subject of the main
motion, but it may not achieve the opposite effect of the main motion. There may be
only one amendment to the motion. A motion to amend shall require a second. Any
amendment to a proposed ordinance shall be reduced to writing.
• To Revive Consideration. The motion is in order at any time within one hundred
(100) days of a vote deferring consideration.
• To Prevent Reconsideration for Six Months. The motion shall be in order only
immediately following the defeat of a substantive motion. It requires a vote equal to
a quorum and is valid for six (6) months or until the next regular election of County
Commissioners, whichever occurs first.
Rule 19. Renewal of Motion.
A defeated motion may not be renewed at the same meeting.
Rule 20. Withdrawal of Motion.
A motion may be withdrawn by the introducer any time before the Chairman puts the motion to a
vote.
Rule 21. Duty to Vote.
(a) It is the duty of each member to vote unless excused by a majority vote according to law.
The Board may excuse members from voting on matters involving their own financial
interest or official conduct. A member wishing to be excused from voting shall so inform
the Chairman, who shall take a vote of the remaining members. A member who fails to
vote, not having been excused, shall be recorded as voting in the affirmative.
(b) Tie Vote. The effect of a tie vote is that the motion did not carry.
(c) Votes of each member of a public body made during a remote meeting under a state of
emergency or disaster shall be counted as if the member were physically present only
during the period while simultaneous communication is maintained for that member.
Prior to taking a vote on any issue, the Chairman shall inquire of the member
participating remotely whether he or she has been able to monitor the discussion,
including any comments from the public. All votes cast by members during remote
meetings shall be taken by roll call. Members participating through remote simultaneous
communication will not be permitted to vote on any quasi-judicial matters coming before
the Board.
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Rule 22. Prohibition of Secret Voting.
No vote may be taken by secret ballot. The Clerk shall record the vote of each member in the
minutes.
Rule 23. Action by Reference.
The Board shall not deliberate, vote, or otherwise act on any matter by reference to an agenda, or
document number unless copies of the agenda or documents being referenced are available for
public inspection at the meeting and are so worded that people at the meeting can understand
what is being discussed or acted on.
Rule 24. Introduction of Ordinances, Resolutions, and Orders.
A proposed ordinance shall be deemed introduced at the first meeting where it is on the agenda,
regardless of whether it is actually considered by the Board, and its introduction shall be
recorded in the minutes.
Rule 25. Adoption, Amendment, or Repeal of Ordinances.
To be adopted at the meeting where it is first introduced, an ordinance or an action with the
effect of an ordinance, or any ordinance amending or repealing an existing ordinance (except the
budget ordinance, a bond order or another ordinance requiring a public hearing before adoption)
must be approved by all members of the Board of Commissioners. If the proposed measure is
approved by a majority, but not by all the members of the Board, or if the measure is not voted
on at that meeting, it shall be considered at the next regular meeting of the board. If it then or at
any time thereafter within one hundred (100) days of its introduction receives a majority of the
votes cast, the measure is adopted.
Rule 26. Quorum.
A majority of the Board membership shall constitute a quorum. During remote meetings or
meetings where remote participation is allowed, the majority of the Board present in person or
electronically, shall be included in the calculation for determining quorum. The number required
for a quorum is not affected by vacancies. If a member has withdrawn from a meeting without
being excused by majority vote of the remaining members, he/she shall be counted as present for
the purposes of determining whether a quorum is present. The Board may compel the attendance
of an absent member by ordering the Sheriff to take the member into custody.
Rule 27. Decorum of Audience
In order to efficiently transact public business, it is important for members of the audience to
maintain proper order and be respectful of the Board and speakers. To this end, audience
members shall conduct themselves as follows:
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(a) Audience members shall refrain from making unsolicited comments during the meeting.
(b) During speaker presentations, public hearings, public comment periods, and debate and
action by the Board, audience members shall refrain from conduct which interrupts, disturbs,
or disrupts the proceeding.
(c) Signage larger than 22” x 28” or that otherwise obstructs the view of others in attendance,
contains obscene or profane language or images, contains personal attacks, concerns the
candidacy of a person seeking public office, or made of materials which present a safety
hazard are prohibited in the meeting. Prohibited materials include, but are not limited to,
metal, wood, ceramic, and other composite materials.
(d) Audience members shall silence all cell phones and other electronic devices while attending
the meeting.
(e) The Chairman may direct an audience member to leave the meeting if the individual willfully
violates the rules of decorum, including public hearings and public comment periods.
Pursuant to N.C. General Statute § 143-318.17, an individual who willfully refuses to leave
the meeting may be charged with a Class 2 misdemeanor.
Rule 28. Public Hearings
(a) Public hearings required by law or deemed advisable by the Board shall be organized by
setting forth the subject, date, time, and place of the hearing as well as any other
information or rules deemed necessary for the hearing. At the appointed time, the
Chairman shall call the hearing to order and preside over it. When the allotted time
expires or no one else wishes to speak, the Chairman shall declare the hearing ended and
the Board shall resume the regular order of business.
(b) The Board reserves the right to limit the length of public hearings and/or the time allotted
for each speaker. After the Chairman announces the close of a public hearing, no
member of the public may address the issue to the Board. To avoid repetition or to
account for situations when the number of attendees exceeds the capacity of the meeting
room, the Chairman may require the designation of a spokesperson for groups of
individuals supporting or opposing the same positions. Additionally, in order to hear all
interested parties within the time allotted for the hearing, to avoid undue disruption of
County business or undue inconvenience to citizens in attendance for other items on the
agenda, or to avoid repetitious comments of a speaker, the Chairman may limit the time
of each speaker during the meeting at which the Board has called for a public hearing. If
a time limit is set for each speaker, a speaker may not yield his or her time to another
speaker.
(c) Speakers shall address the Board from the podium and begin their remarks by stating
their name and residential address.
(d) Public hearings are not intended to require the Board or County staff to answer any
impromptu questions. The Board and County staff should refrain from engaging in
dialogue, except to the extent necessary to clarify the speaker’s position or to provide
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pertinent information regarding the subject of the public hearing. The Board and County
staff should not entertain questions from the audience, and discussions between speakers
and members of the audience shall be prohibited.
(e) Speakers’ comments shall address or be related to the subject of the public hearing.
Speakers shall maintain proper decorum and shall make their comments in a civil
manner. Personal attacks and use of obscene and profane language are prohibited.
(f) Notwithstanding the above subsections, during a state of emergency that allows for
remote meetings and pursuant to 166A-19.24(e) the Board may conduct any public
hearing required or authorized by law during a remote meeting, and take action thereon,
provided the public body allows for written comments on the subject of the public
hearing to be submitted between publication of any required notice and 24 hours after the
public hearing.
Rule 29. Quorum at Public Hearings.
A quorum of the Board must be present at all public hearings required by law.
Rule 30. Public Comment Periods
(a) Public comment periods will be limited to a maximum of thirty (30) minutes and each
person desiring to speak shall have a maximum of three (3) minutes to make their
remarks. A speaker may not speak more than once during the same public comment
period.
(b) Speakers shall address the Board from the podium and begin their remarks by stating their
name and residential address. Speakers shall maintain proper order and shall make their
comments in a civil manner. Personal attacks and use of profanity is prohibited.
(c) Public comment is not intended to require the Board to answer any impromptu questions.
The Board should refrain from engaging in a dialogue, except to the extent necessary to
clarify the speaker’s position. The Board shall not entertain questions from the audience,
and discussions between speakers and members of the audience shall be prohibited.
(d) Speaker comments should be limited to subjects that are within the Board’s jurisdiction.
Speakers shall not discuss matters that concern the candidacy of any person seeking public
office, including the candidacy of the speaker, closed session matters, those matters which
are the subject of public hearings, and any matters intended to promote any individuals’
commercial or pecuniary interest.
(e) Action on items brought up during the Public Comment Period will be at the discretion of
the Board.
(f) Speakers are requested to signup prior to the meeting. Speakers may sign up by contacting
the clerk at least one hour prior to the start of the meeting or by utilizing the
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signup sheet at the back of the room. The signup form will be picked up by the clerk 5
minutes before the published meeting start time.
Rule 31. Minutes.
Minutes shall be kept of all Board meetings.
Rule 32. Appointments.
The Board shall fill County Commissioner vacancies in accordance with G. S. 153A-27.1. The
Board shall fill a Register of Deeds vacancy in accordance with G. S. 161-5 and a Sheriff
vacancy in accordance with G.S. 162-5. The Board shall use the following procedure to make
appointments to fill vacancies in other boards, commissions, and committees over which the
Board has power of appointment.
(a) Any U. S. citizen who is a resident of Harnett County is eligible to serve on appointed
boards/commissions/committees of the County where such appointment is not prohibited
by state statute.
(b) All appointees shall either reside or be employed in Harnett County, as required in the
specific board or commision’s bylaws, while serving on the appointed board or
commission.
(c) All appointments will be made in accordance to the Statute or Ordinance that created the
board/commission/committee.
(d) No citizen may serve more than two appointed positions simultaneously.
(e) No citizen may serve more than three consecutive terms on any
board/committee/commission unless the term is less than three (3) years. No member of
any board/committee/commission may serve more than nine (9) consecutive years, unless
waived by the Board of Commissioners by a majority vote. Any waiver issued by the
Board for a consecutive term over nine (9) consecutive years for an individual is limited
to two (2) waivers. Any individual may be reappointed to the same
board/committee/commission after remaining off said board/committee/commission for
at least one year.
(f) If a person is appointed to fill someone’s unexpired term and serves less than half of a
full term, he/she is eligible to serve three full terms.
(g) If an appointee has unexcused absences which constitute more than 25% of the Board
meetings in any calendar year which he or she is required to attend pursuant to his or her
appointment, he or she is obligated to resign. Excused absences are defined as absences
caused by events beyond one’s control. If the individual refuses to resign, he or she may
be dismissed by action of the Board of Commissioners subject to state or local law. A
calendar year is to be defined as a 12-month period beginning on the date of appointment.
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(h) Each Commissioner will have available to him or her a binder containing a list of all
county appointments, with the following data provided:
• Name of the board, commission, committee, or authority
• Brief on the functions
• Statute or cause creating board, commission, committee or authority
• Number of members and terms of office
• Current members and terms of office, including number of terms serviced
• Regular meeting day, time, and location, if determined
(i) Procedures for filling vacancies for appointed positions:
1. Notification of available appointments
A. A list of available positions stating terms of office, requirements for
office, and duties of positions will be available daily on the Harnett
County Board of Commissioner’s website, posted monthly on Harnett
County Social Media pages, and published quarterly in the newspaper by
County Administration staff.
B. Thirty (30) days prior to the terms expiring, staff will notify each person
who is eligible for reappointment requesting information on his or her
interest in continuing to serve. If an application is not on file, one will be
requested at this time. If an individual is not eligible for reappointment,
he or she will be notified and given reason for being ineligible.
C. If, because of policy or otherwise, an individual is unable to be
reappointed, he or she will be sent a letter of appreciation by the Chairman
of the Board of Commissioners at the expiration of his or her term
thanking him or her for the past services rendered.
2. Application Process
A. Electronic applications are located online at www.harnett.org. Prior to
applying applicants are required to read Rule 31. Appointments section of
“Rules and Procedure for the Board of Commissioners of Harnett County,
North Carolina”. This section states policy and procedures for appointments to
any County board, commission, committee, or authority. The applicant must
then accept the Terms of Acceptance that he or she warrants the truthfulness
of the information provided in the application and that he or she accepts the
Affirmation of Understanding of Rule 31.
B. Paper applications are located at the Harnett County Administration Building.
Applications will be mailed upon request. Staff will provide a self-stamped
addressed return envelope for applicants to return the Affirmation of
Understanding and board application to the Harnett County Managers Office.
3. Selection Process
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A. All applications for a particular position will be given to staff to check for
eligibility on behalf of the County Manager.
B. The Clerk to the Board shall be given a copy of the applications to be
considered for the Commissioner’s review during the work session, prior
to the regular voting meeting.
C. The Clerk to the Board shall list the applications for appointments as an
agenda item for the regular board meeting.
4. Notification of Appointment
A. The County Manager shall prepare a letter of notification to the appointee
and a copy to the affected board, notifying each board of the appointment.
This letter will include a congratulation statement and expiring terms.
B. Board or Committee staff will be notified with the new appointee
information.
5. Applications
All applications received shall be retained for at least two (2) years. Applications
shall be kept on file for all active appointees.
Rule 33. Changes to Rules of Procedure.
The Board may change these rules of procedure upon a vote by two-thirds (2/3) of the members
of the Board. Changes shall be effective at the next regular meeting.
These rules shall be effective on October 1, 1994.
Amended 2-6-95. To add Finance Officer to attend closed sessions
Amended 2-7-05. To increase limit of appointments from 2 to 3 consecutive terms
Amended 9-19-11. DELETED Rule 9 (d) agenda shall be published in a newspaper of
general circulation . . .
Amended 5-2-16. Rule 30 (e) To allow waivers to increase limit of appointments
Amended 12-3-18 Rule 3. ADD subsection (a)(8) and (a)(9)
Rule 4. ADD If new members are elected, the order ….
Rule 5. ADD Vice Chairman to title
Rule 6. Regular and Special Meetings
Third Monday of each Month at 6 p.m.
ADD emergency meetings to subsection (e) Sunshine List
Rule 27. DELETE (c) Persons desiring to speak at a public hearing must
register with the Clerk to the Board prior to the commencement of
the meeting.
Rule 29. ADD Public Comment Section
Amended 5-18-20 Rule 6. ADD …or as provided by statute or herein.
Rule 7. ADD subsection (b)
Rule 8. ADD subsection (c)
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Rule 11. ADD the requirement that the moving member identify themselves
prior to making a motion during a remote meeting.
Rule 16. ADD the requirement that the speaking member identify
themselves prior to participating in debate.
Rule 21. ADD subsection (c)
Rule 26. To explain how quorum will be calculated during a board meeting
where there is remote participation.
Rule 27. DELETE subsection (a), renumber subsection (b) to subsection (a)
ADD subsection (b)
Amended 9-8-20 Rule 31. Several updates and revisions throughout.
Amended 1-4-21 Rule 27. ADD subsections (a), (c), (d), (e) and AMMEND subsection (b)
Amended 4-4-22 Rule 29. Several updates and revisions throughout.
Amended 12-2-24 Rule 30. CHANGED 30 minutes to 1 hour for total time and three (3) minutes
to five (5) minutes per speaker.
Amended 8-4-25 Rule 30. CHANGED 1 hour for total time to 30 minutes and five (5) minutes to
three (3) minutes per speaker.
Amended 8-17-25 Rule 6. CHANGED subsection (a) regular meeting schedule and location of
meetings.
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A RESOLUTION TO ADOPT THE 2026 SCHEDULE OF MEETINGS
HARNETT COUNTY BOARD OF COMMISSIONERS
THAT WHEREAS, the Harnett County Board of Commissioners adopted on September 19, 1994
certain Rules of Procedure by which the Board would conduct its meetings; and
WHEREAS, the Harnett County Board of Commissioners adopted an amendment on November
17, 2025, to certain Rules of Procedure by which the Board would conduct its meetings; and
WHEREAS, Rule 6 of the Rules of Procedure concerning “Regular and Special Meetings”
previously states that the Board shall hold regular meetings the first Monday of each month at 9 a.m. and
the third Monday of each month at 6 p.m. It also states if a regular meeting day is a holiday on which
county offices are closed, the meeting shall be held on the next business day, and the Board may schedule
regular work sessions; and
WHEREAS, at the November 3, 2025, Board Meeting, the Board of Commissioners voted to
change the meeting schedule to the first Monday of each month at 9 a.m., the second Tuesday of the
month at 9 a.m. and the third Monday of each month at 6 p.m. and to make all meetings voting meetings,
effective December 1, 2025.
WHEREAS, Rule 6 was amended concerning “Regular and Special Meetings” now states that the
Board shall hold three regular meetings per month the first Monday of each month at 9 a.m., the second
Tuesday of each month at 9 a.m. and the third Monday of each month at 6 p.m. It also states if a regular
meeting day is a holiday on which county offices are closed, the meeting shall be held on the next
business day, and the Board may schedule work sessions as needed or desired.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Harnett County
that the Board shall hold the following regular meetings in 2026 in the Board of Commissioners Meeting
Room located at 455 McKinney Parkway in Lillington, unless otherwise indicated below:
Monday January 5 9:00 am Board Meeting
Tuesday January 13 9:00 am Board Meeting
Tuesday January 20 6:00 pm Board Meeting* Monday is a holiday
Tuesday January 27 9:00 am Planning Work Session (Room 103A)
Monday February 2 9:00 am Board Meeting
Tuesday February 10 9:00 am Board Meeting
Tuesday February 10 11:45 am Legislative Luncheon * Tentative (Room 103A)
Monday February 16 6:00 pm Board Meeting
Monday March 2 9:00 am Board Meeting
Tuesday March 10 9:00 am Board Meeting
Monday March 16 6:00 pm Board Meeting
Monday April 6 9:00 am Board Meeting
Tuesday April 14 9:00 am Board Meeting
Monday April 20 6:00 pm Board Meeting
Monday May 4 9:00 am Board Meeting
Tuesday May 12 9:00 am Board Meeting
Monday May 18 6:00 pm Board Meeting (Budget Public Hearing)
Monday June 1 9:00 am Board Meeting
Tuesday June 9 9:00 am Board Meeting
Monday June 15 6:00 pm Board Meeting
Monday July 6 9:00 am Board Meeting
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Item 20
Tuesday July 14 9:00 am Board Meeting
Monday July 20 6:00 pm Board Meeting
Monday August 3 9:00 am Board Meeting
Tuesday August 11 9:00 am Board Meeting
Monday August 17 6:00 pm Board Meeting
Tuesday September 8 9:00 am Board Meeting* Monday is a holiday
Tuesday September 15 9:00 am Board Meeting
Monday September 21 6:00 pm Board Meeting
Monday October 5 9:00 am Board Meeting
Tuesday October 13 9:00 am Board Meeting
Monday October 19 6:00 pm Board Meeting
Monday November 2 9:00 am Board Meeting
Tuesday November 10 9:00 am Board Meeting
Monday November 16 6:00 pm Board Meeting
Monday December 7 9:00 am Board Meeting
Tuesday December 15 9:00 am Board Meeting
Monday December 21 6:00 pm Board Meeting
Monday January 4 9:00 am Board Meeting
Adopted by the Harnett County Board of Commissioners in regular session, this ___ day of ______ 2025.
HARNETT COUNTY BOARD OF COMMISSIONERS
By: ___________________________________________
Matthew B. Nicol, Chairman
Attest: _____________________________________
Melissa D. Capps, Clerk
HC BOC 111225 ws Pg. 246
NOVEMBER 17, 2025 APPOINTMENTS NEEDED
HARNETT COMMISSION FOR WOMEN & YOUTH
We have received a resignation from Laura Barney. She currently serves as the District 3 member.
BOARD OF HEALTH
We have received an application from Betty Gwen Johnson Goodwin. She would like to be considered
for appointment as the public member.
HARNETT COUNTY PLANNING BOARD
We have received an application from Matthew Tucker. He would like to be considered for
reappointment. He currently serves as an alternate member.
BOARD OF EQUALIZATION AND REVIEW
We have received an application from Ashley Dunn. She would like to be considered for
reappointment. She currently serves as an at-large member.
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Item 21
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