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HomeMy WebLinkAboutJanuary 12, 2026 Work Session MeetingAGENDA Lillington Board of Commissioners Work Session Meeting Lillington Town Hall 102 E. Front Street Lillington, North Carolina 27546 January 12, 2026 8:30am CALL TO ORDER MAYOR GLENN MCFADDEN NEW BUSINESS Item #1 Item #2 Item #3 Item #4 Recognition of Skylar Russell, Assistant Public Works Director Richard Davis, Eastern Wastewater Specialist, NC Rural Water Association Comprehensive Land Use Plan Update Chad Sary, KCI Associates of NC Discussion of Release and Assignment of Claim between Town of Lillington and West Bend Insurance Regarding Falls of the Cape Bond Landon Chandler, Planning Director Administrative Reports A.Presentation of the Monthly Financial Report Lisa Young, Deputy Town Manager B. Capital Projects Update Alicia Adams, Assistant Town Manager Item #5 Discussion of Regular Meeting Agenda for January 13, 2026 Lisa Young, Deputy Town Manager ADJOURNMENT AGENDA ITEM SUMMARY Date of Meeting: 01/12/2026 Staff Work By: Shane Cummings, Assistant Town Manager AGENDA ITEM Recognition of Skylar Russell, Assistant Public Works Director ITEM SUMMARY Recognition of Skylar Russell, Assistant Public Works Director, for Successfully Obtaining his UMC Credential through NCRWA Water University. The UMC (Utility Management Certification) is the highest professional credential in the utility industry. Less than 1 percent of all utility professionals have earned the UMC. ACTION REQUIRED No Action Required. AGENDA ITEM #1 AGENDA ITEM SUMMARY Date of Meeting: 01/12/2026 Staff Work By: Landon Chandler, Planning Director AGENDA ITEM Comprehensive Land Use Plan Update ITEM SUMMARY Chady Sary with KCI Associates will be updating the Board on the Comprehensive Land Use Plan. ACTION REQUIRED No Action Required. AGENDA ITEM #2 AGENDA ITEM SUMMARY Date of Meeting: 01/12/2026 Staff Work By: Landon Chandler, Planning Director AGENDA ITEM Discussion of Release and Assignment of Claim between Town of Lillington and West Bend Insurance Regarding Falls of the Cape Bond ITEM SUMMARY Discussion of Release and Assignment of Claim between Town of Lillington and West Bend Insurance Regarding Falls of the Cape Bond ACTION REQUIRED No Action Required. AGENDA ITEM #3 RELEASE AND ASSIGNMENT OF CLAIM This Release and Assignment of Claim (“Release”) is made and entered into as of the ___ day of _______, 2025, by and between the Town of Lillington (“Obligee”) and West Bend Insurance Company (“Surety”). RECITALS WHEREAS, on March 11, 2024, in connection with Falls of the Cape subdivision, Obligee entered into a Performance Guarantee Agreement for Improvements (“PGAI”) with Stafford Land Company (“Developer”) calling for Developer to install sidewalks and install trees (collectively, the “Improvements”). The PGAI further calls for these obligations to be guaranteed by a surety performance bond. WHEREAS, in connection with Developer’s obligation to install sidewalks, Surety executed and delivered to Obligee, at the request of Developer, Bond No. 2296617 in the penal sum of $96,055.00, identifying Stafford Land Company, Inc. as the bond principal and the Town of Lillington as the bond obligee; WHEREAS, in connection with Developer’s obligation to install trees, Surety executed and delivered to Obligee, at the request of Developer, Bond No. 2296616 in the penal sum of $36,250.00, identifying Stafford Land Company, Inc. as the bond principal and the Town of Lillington as the bond obligee. (Collectively, Bond No. 2296617 and Bond No. 2296616 shall hereinafter be referred to as the “Bonds”); WHEREAS, the amounts of the respective bonds were based on the Town’s Engineer’s cost estimates for the work, plus a premium of 25%, shown as follows: Scope Cost Estimate Bond Amount Sidewalk (including prep) $ 76,844.00 $ 96,055.00 Trees $ 29,000.00 $ 36,250.00 TOTAL $105,844.00 $132,305.00 Town of Lillington Release & Assignment of Claim Page | 2 WHEREAS, on or about _________, Developer advised Obligee that it did not intend to complete the Improvements; WHEREAS, via correspondence dated March 3, 2025, Obligee contacted Surety and asserted claims under the Bonds. WHEREAS, Surety has agreed to fulfill its obligations under the Bonds pursuant to the following terms: 1. Payment. Within 14 days of the execution of this Agreement, Surety will pay to Obligee the total sum of $105,844.00 for a full and final settlement of all claims in connection with the Improvements and the Bonds. 2. Release by Obligee. Obligee, including for each of its individual members, officers, divisions, bureaus, agents and agencies, insurers, assigns, predecessors and successors in interest, in consideration of the acts and promises described herein, and for other good and valuable consideration, does hereby fully, finally and forever release, acquit and discharge Surety, including all of its past and present agents, assigns, servants, shareholders, members, managers, employees, officers, directors, owners, consultants, attorneys, insurers, sureties, parent companies, affiliated companies, subsidiaries, predecessors and successors, of and from any and all claims, demands, causes of action, damages, punitive damages, direct or indirect costs, expenses, attorneys’ fees, interest, and any liabilities in law or in equity, of any nature whatsoever, in any way relating to or arising out of or from the PGAI, the Improvements and/or the Bonds. 3. Assignment of Claim. To the extent of Surety’s payment only, Obligee hereby assigns, transfers, and conveys to Surety, without recourse, all claims, liabilities, demands, liens, rights to claim liens, rights, claims in bankruptcy, rights to trust funds, equities and/or causes of Town of Lillington Release & Assignment of Claim Page | 3 action of any kind whatsoever which Obligee has, had or may be entitled to assert against Developer, Obligee, or the Project, whether known or unknown, liquidated, contingent, arising in tort, contract, or at law, in connection with the PGAI, the Improvements and/or the Bonds. 4. No Admissions. Nothing contained in this Release shall be deemed as an admission by any Party of any fault or obligation, or to enlarge Surety’s obligations under the Bonds. 5. No Waiver of Developer’s Indemnity Obligations. Nothing in this Agreement is, nor shall anything in this Agreement be construed to be, a waiver or release of any of Surety’s rights against the signatories (“Indemnitors”) to the General Indemnity Agreement dated March 1, 2024 (“GIA”). The Surety continues to preserve all rights, claims and defenses it has or may have as it relates to each and every Indemnitor, the GIA, and any other written agreement between the Surety and Indemnitors. 6. No Third-Party Rights. This Agreement is solely for the benefit of the Parties and shall not create any rights, including any third-party beneficiary rights, in or to any person or entity that is not a party hereto. Nor does this Agreement increase the rights of third persons, or increase the obligations of the Parties to any third person or entity, or increase the liability or obligations of Surety to Obligee. Developer and the other Indemnitors are not third-party beneficiaries of this Agreement. This Agreement shall not create or grant any third-party beneficiary. Town of Lillington Release & Assignment of Claim Page | 4 IN WITNESS WHEREOF, the Parties have subscribed their names as evidence and consent to their agreement with these terms: TOWN OF LILLINGTON By: Its: Date:________________________________ STATE OF _____________ § § ACKNOWLEDGMENT COUNTY OF ____________ § Before me, the undersigned authority, on this day personally appeared ______________________________ the of __________________ known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes therein expressed and in the capacity therein stated. Given under my hand and seal of office, this day of _________, 20__. ___________________________________________ Notary Public in and for the STATE OF My commission Expires: ________________________ Typed or Printed Name:________________________ AGENDA ITEM SUMMARY Date of Meeting: January 12, 2026 Staff Work By: Joseph Jeffries, Town Manager Lisa Young, Deputy Town Manager Alicia L. Adams, Assistant Town Manager Ashley Wimberly, Public Works Director Frank Powers, Police Chief Andrew Milton, Fire Chief William Baker, Parks & Recreation Director Brandon Harris, Assistant Parks & Recreation Director Josh Perry, Planning & Inspections Christy Norris, Youth Programs AGENDA ITEM Administrative Reports. ITEM SUMMARY Monthly reports covering administrative and department activities, financial summaries and public utility usage information RECOMMENDED ACTION Receive information and direct staff, if applicable. AGENDA ITEM #4 CAPITAL PROJECTS UPDATE SCIF Grants Downtown Facilities Stewart, Inc. is continuing to work on the construction drawings for Downtown. The Town has entered into a contract with Duke Energy including a non-refundable deposit of $90K. Duke has submitted their final design for underground utilities. A new easement for the underground utilities will have to be acquired to move forward with construction. There are approximately thirty different property owners. Staff is still waiting for a list of required easements to begin the process of acquisition. Duke is required to go further through the design process before they have the ability to provide the list of easement list. Staff are continuing to work closely with Duke Energy and Pike. Staff submitted review comments to Stewart and all comments have been addressed. The finalized construction set should be delivered in the next two weeks. Upon completion of the construction drawings staff will begin the process of getting a final estimate for construction cost. Pike Engineering submitted the pedestrian, roadway lighting and parking lot lighting and it’s been reviewed by staff. Pike Engineering is doing both the roadway lighting and the parking lot lighting as a subconsultant for Duke Energy. Stormwater Resiliency Funds Staff were notified that the State allocated $3.5 million for Stormwater infrastructure improvements and stream restoration, to provide more efficient stormwater management and flood resiliency. Project components will include stormwater management, replacing undersized culverts, and stabilizing streambanks to improve flood resiliency. Projects: 1. Downtown Stormwater Improvements • Final construction design is pending site negotiations. • Staff is currently waiting for the survey of the property and final wetland evaluation 2. 13th Street Reservoir • The project is currently being solicited for bid • The bids will be opened during a public bid opening February 26 at 11am Golden Leaf Application Stormwater Harnett Street Project Description: The proposed storm drainage improvements would include removal and replacement of existing storm drainage pipe, ranging from 15” RCP to 30” RCP, and removal and replacement of storm drainage structures, including catch basins, drop-inlets, storm drainage manholes, and storm drainage headwalls. The proposed storm drainage infrastructure will effectively capture storm runoff, convey stormwater efficiently inside public right-of-way, and increase the level of service of the storm drainage system. In addition, private storm drainage infrastructure would be relocated to the Town Right-of-Way to allow for easier access for future maintenance and inspections. The probable cost of this project is $1.3 million, the Town has agreed to contribute $250,000 to the project. The Golden Leaf Grant Agreement was approved in June 2024. A project ordinance confirming the Town’s financial contribution was approved at the August 2024 Regular Meeting. Final construction drawings have been submitted and reviewed by staff. Staff requested a twelve-month extension to complete final construction and all appliable grant requirements, it was approved for a revised end date of December 31, 2026. There was significant time spent coordinating with Duke Energy, Piedmont Natural Gas, fiber companies, and North Carolina Department of Transportation. The project location has many conflicts with other entities, and it has taken a great deal of effort to coordinate relocations and utility conflicts to minimize construction conflicts. The project is scheduled to be bid out by the end of January with award of the contract taking place late March-early April. The quarterly report to Golden Leaf was submitted December 5th and was approved. Fire Station #3 Construction has begun on Fire Station #3 located on Hwy 210. Sheetrock is almost completely hung in the office/living area, they will be moving to the apparatus bay next week. The brick work on the east elevation will be completed early in the week and they will move to the south to finish up the building, another week or week and a half to finish up completely. The schedule is currently moving along with no major changes. ARPA S.L. 2022-74 Appropriated Projects All documentation was submitted to the State to fund the Hwy 210 sewer line expansion and Southern Regional Sanitary Sewer/Poorhouse Creek installation of new sanitary sewer interceptor and regional pump station. The total allocation was $9,250,000. Staff has received the offer and acceptance letter from the Department of Water Infrastructure. a. South Regional/Poorhouse Creek All force main has been installed. The wet well base is poured and are forming wet well walls for concrete. Pump Station projected startup date is June 2026. The next progress meeting is January 27th. LASII Grant Staff submitted the LASII grant application October 2, 2023 requesting $500,000 to develop and implement a new stormwater utility to provide a predictable, equitable and ongoing funding source for its stormwater program. The activities that the Town seeks to accomplish with the funding that the utility will provide include: • Increasing the flood resiliency of the transportation system in and through the Town; • Funding stormwater Capital Improvement Projects (CIPs) to address stormwater quantity and quality issues; • Handling critical maintenance needs and operations; and • Meeting planning and implementation needs. The scoping document was approved by DWI, the grant agreement and the acceptance of funding resolution was approved at the August meeting. The McAdams engineering services contract was approved at the August meeting. The project schedule is two years, with a completion date of August 2026. Staff are continuing to have monthly progress meetings with McAdams. Assets have been mapped and inventoried. Once the H & H study is completed, we can begin the Capital Improvement Plan that will be instrumental in the creation of the stormwater utility fee. Staff met with the Stormwater Advisory committee twice and they have a rate to recommend to the Town Board. Staff will brief the Board on the recommended rate and what that looks like in the future. Staff is planning one more Stormwater Advisory committee meeting to present to them the presentation that will be presented to the Board at their March Board Retreat. A minimum of two public information sessions will be held at the beginning of the year. Plans are to incorporate the new Stormwater Fee in the upcoming budget. S.L. 2023 Appropriated Funds The Town was appropriated $11,062,500 through Session Law in 2023. Administrative cost for the funds is $331,875.00. Available funds remaining are $10,730,625. Additional Proposed projects with remaining funds: 1. Water Tank $4.5 million • Request for Qualifications were accepted at Town Hall July 16th at 2:00pm • Four firms submitted and are currently under review • Request for funding have been approved by DWI and all required documents are on the consent agenda for approval. • Project Ordinance has been approved • Contract with firm was approved and staff will begin working with them in the coming weeks and should have a project schedule timeline. • Weston & Sampson is the selected firm and we are working to locate and acquire a site • The land is currently under the acquisition process, and a check has been deposited at the Harnett County Clerk’s Office • The consultant provided DWI with revised milestone dates with construction beginning February 2027 2. WWTP project $3.1 million • Request for funding have been approved by DWI • Project Ordinance has been approved • Staff is currently working with HRW to complete disbursement request for the project. North Harnett WWTP Capacity Upgrade Harnett County has begun the process of submitting reimbursement requests to the Town for the Town’s portion of the WWTP. Substantial completion October 2027. Budget Expended Available 48-00-410-1000 $625,000.00 $326,598.09 $298,401.91 48-00-410-0500 $2,875,000.00 $466,267.82 $2,408,732.18 $3,500,000.00 $792,865.91 $2,707,134.09 Remaining Complete 77%23% Budget Expended Available 75-00-400-2000 $750,000.00 $514,760.31 $235,239.69 75-00-400-2001 $4,750,000.00 $2,606,615.75 $2,143,384.25 $5,500,000.00 $3,121,376.06 $2,378,623.94 Remaining Complete 43%57% Budget Expended Available 75-00-400-3000 $375,000.00 $229,464.61 $145,535.39 75-00-400-3001 $2,166,564.66 $2,166,564.66 $0.00 75-00-400-3002 $1,185,543.01 $1,185,543.01 $0.00 $3,727,107.67 $3,581,572.28 $145,535.39 Remaining Complete 4%96% Budget Expended Available 49-00-410-1000 $200,000.00 $63,600.00 $136,400.00 49-00-410-0500 $1,100,000.00 $0.00 $1,100,000.00 $1,300,000.00 $63,600.00 $1,236,400.00 Remaining Complete 95%5% Capital Projects Construction Hwy 210 Line & Pump Station SRP-W-ARP-0326 PreCon/Engineering Pump Station Line Construction Golden Leaf Harnett Street Storm Drainage PreCon/Engineering Construction Flood Resiliency Projects 2022-2023 PreCon/Engineering Construction SRSS - Poorhouse Creek SRP-W-ARP-0326 PreCon/Engineering Budget Expended Available 75-00-400-4000 $3,150,000.00 $2,596,909.18 $553,090.82 $3,150,000.00 $2,596,909.18 $553,090.82 Remaining Complete 18%82% Budget Expended Available 50-00-410-0500 $500,000.00 $287,057.84 $212,942.16 $500,000.00 $287,057.84 $212,942.16 Remaining Complete 43%57% Budget Expended Available 41-00-530-1000 $4,832,165.00 $2,845,004.30 $1,987,160.70 $4,832,165.00 $2,845,004.30 $1,987,160.70 Remaining Complete 41%59% Budget Expended Available 51-00-400-1000 $3,037,556.00 $0.00 $3,037,556.00 51-00-400-2000 $900,000.00 $35,900.00 $864,100.00 51-00-400-2050 $3,600,000.00 $0.00 $3,600,000.00 51-00-400-3000 $3,059,006.50 $0.00 $3,059,006.50 $10,596,562.50 $35,900.00 $10,560,662.50 Remaining Complete 100%0% Budget Expended Available 76-00-400-0500 $220,000.00 $215,399.36 $4,600.64 76-00-400-1000 $55,000.00 $0.00 $55,000.00 $275,000.00 $215,399.36 $59,600.64 SRSS Con Water Tank Pre Con/Eng SCIF Downtown Engineering Construction Water Tank - Con Fire Station #3 Planning and Design SL 2023-134 Appropriations Act Directed Projects WWTP - Const/Eng North Harnett WWTP Capacity Upgrade PreCon/Engineering Stormwater AIA & Utility Study Professional Services Remaining Complete 22%78% AGENDA ITEM SUMMARY Date of Meeting: January 12, 2026 Staff Work By: Joseph Jeffries, Town Manager Lisa Young, Deputy Town Manager Lindsey B. Lucas, Town Clerk AGENDA ITEM Discussion of Regular Meeting Agenda ITEM SUMMARY The purpose of this agenda item is to allow the Town Board an opportunity to ask questions regarding the Regular Meeting agenda for January 13, 2026. RECOMMENDED ACTION No Action Required. AGENDA ITEM #5