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HomeMy WebLinkAboutOctober 13, 2026 Regular Meeting AGENDA Lillington Board of Commissioners Regular Monthly Meeting Lillington Town Hall 102 East Front Street Lillington, North Carolina 27546 October 13, 2026 6:00pm CALL TO ORDER MAYOR GLENN MCFADDEN WELCOME MAYOR GLENN MCFADDEN PLEDGE OF ALLEGIANCE MAYOR GLENN MCFADDEN INVOCATION COMMISSIONER MARSHALL PAGE CONSIDERATION OF AGENDA PUBLIC COMMENT Public comment is an opportunity for citizens wishing to present unscheduled items of concern or interest to the Commissioners. It is requested that citizens limit their presentations to three (3) minutes. CONSENT AGENDA All items on the Consent Agenda are considered routine, to be enacted by one motion without discussion. If a Governing Body member or citizen requests discussion of an item, the item will be removed from the Consent Agenda and considered separately. Item #1 Approval of Work Session Minutes from September 14, 2026 Item #2 Approval of Regular Session Minutes from September 15, 2026 PUBLIC HEARING Item #3 Public Hearing for Consideration of Temporary Street Closure of Town Streets for 8th Street Kickoff Party on October 22, 2026 at 3 p.m. Lindsey Lucas, Town Clerk Item #3A Consideration of Approval of Temporary Street Closure of Town Streets for the 8th Street Kickoff Party on October 22, 2026 at 3 p.m. Lindsey Lucas, Town Clerk Town of Lillington | 2 Item #4 Public Hearing on the Consideration of a Utility Connection and Infrastructure Modification Agreement Between the Town of Lillington and R&R Holdings Group, LLC. Shane Cummings, Town Engineer Item 4A Consideration of a Utility Connection and Infrastructure Modification Agreement Between the Town of Lillington and R&R Holdings Group, LLC. Shane Cummings, Town Engineer NON-AGENDA ITEMS Non-Agenda items is an opportunity for the Commissioners, Attorney or Staff to present unscheduled items that need consideration by the Board. ADJOURNMENT AGENDA ITEM SUMMARY Date of Meeting: October 13, 2026 Staff Work By: Joseph Jeffries, Town Manager Lisa Young, Deputy Town Manager Alicia Adams, Assistant Town Manager Lindsey B. Lucas, Town Clerk AGENDA ITEM Consent Agenda Items ITEM SUMMARY All items on the Consent Agenda are considered routine, to be enacted by one motion without discussion. If a Governing Body member or citizen requests discussion of an item, the item will be removed from the Consent Agenda and considered separately: Item #1 Approval of Work Session Minutes from September 14, 2026 Item #2 Approval of Regular Session Minutes from September 15, 2026 RECOMMENDED ACTION Approve consent agenda items as recommended by staff. AGENDA ITEMS #1-2 Lillington Board of Commissioners September 14, 2026 Work Session Meeting Minutes Work Session Meeting of the Town Board of the Town of Lillington, Monday, September 14, 2026 at 8:30 a.m. at the Lillington Town Hall (102 E. Front Street), Lillington, North Carolina. Board Members Present: Commissioner Neil McPhail Commissioner Marshall Page Commissioner Danny Babb Commissioner Rupert Langdon Board Members Absent: Mayor Glenn McFadden Mayor Pro Tempore Patricia Moss Staff Present: Joseph Jeffries, Town Manager Lisa Young, Deputy Town Manager Alicia Adams, Assistant Town Manager Shane Cummings, Assistant Town Manager Lindsey Lucas, Town Clerk Landon Chandler, Planning Director Josh Perry, Building Inspector Andrew Milton, Fire Chief Ashley Wimberly, Public Works Director Skylar Russel, Assistant Public Works Director William Baker, Parks & Recreation Director Due to unforeseen circumstances the Mayor and Mayor Pro Tem were unable to attend the September 14, 2026, Work Session Meeting. The Board took a vote to elect a temporary chairman to preside over the meeting. Commissioner Page made a motion to elect Commissioner McPhail as chairman over the meeting. Commissioner Langdon seconded the motion that passed unanimously. Call to Order & Welcome: Commissioner McPhail called the meeting to order at 8:30 a.m. NEW BUSINESS Item #1 Call Special Meeting for Planning Retreat Commissioner McPhail called a special meeting for the Town of Lillington Board of Commissioners Planning Retreat from October 14th-16th at the Hampton Inn- Black Mountain located at 306 Black Mountain Ave. Black Mountain, NC 28711. Item #2 Consideration of Hosting the 2026 Cape Fear 24-Hour Endurance Run at the Lillington Park Commissioner McPhail recognized Lindsey Lucas, Town Clerk. Ms. Lucas stated Lisa McFadden is requesting to use the Lillington Ball Park to host a 24-hour running event to raise money for Buddy Backpack. Set-up for the race will start Friday, October 09, 2026, at 8:00 am. The race will begin on Saturday, October 11, 2026, at 8:00 am and will end on Sunday, October 12, 2026, at 8:00 am. The event will have approximately 150 participants, 15-20 volunteers (rotating), and 75-100 spectators. There are no street or parking lot closures requested for this event. Commissioner Langdon made a motion to approve the 2026 Cape Fear 24-Hour Lillington Board of Commissioners September 14, 2026 Work Session Meeting Minutes Endurance Run at the Lillington Park. Commissioner Page seconded the motion that passed unanimously. Item #3 Consideration of Planning Board Appointments Commissioner McPhail recognized Lindsey Lucas, Town Clerk. Ms. Lucas stated Per Section 32.45-49 of the Lillington Code of Ordinances; the Planning Board has one (1) vacancy open for appointment. One applicant has applied for the vacancy. The application is attached. Name Address Proposed Term Terry Wade 401 S 14th Street September 2026-September 2028 Ms. Lucas stated that the vacancy was advertised on the Town Website and this was the only application received. Commissioner Page made a motion to approve the appointment of Terry Wade. The motion was seconded by Commissioner Langdon and approved unanimously. Item #4 Administrative Reports Monthly Financial Report – Commissioner McPhail recognized Lisa Young, Deputy Town Manager. Ms. Young reviewed the monthly summaries for the Town’s revenues, expenditures, and year-to-date fund balances in the General Fund, Water/Sewer Fund, and the Powell Bill Fund for the month of August. Capital Projects Update – Commissioner McPhail recognized Alicia Adams, Assistant Town Manager. Ms. Adams went over the Capital Projects with the Board. Ms. Adams explained that the contractor for 8th street, Fred Smith, has asked if they could utilize some of the Town property for a laydown yard. The agreement is still with our attorney and engineer but if the Board is okay with moving forward, we would like to get a motion to move forward based on approval from Tony Buzzard. Commissioner Langdon made a motion to approve the usage of town property agreement contingent on approval from Tony Buzzard. Commissioner Page seconded the motion that passed unanimously. Town Managers Report – Commissioner McPhail recognized Joseph Jeffries, Town Manager. Mr. Jeffries went over current and ongoing projects with the Board. Item #5 Discussion of Regular Meeting Agenda for September 15, 2026 Commissioner McPhail reviewed the Agenda for the September 15, 2026, Regular Meeting. Adjournment: The meeting adjourned following the unanimous approval of a motion by Commissioner Langdon and a second by Commissioner Page. Attest: ____________________________ _______________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor Lillington Board of Commissioners September 15, 2026 Regular Board Meeting of the Town Board of the Town of Lillington, Tuesday, September 15, 2026 at 6:00 p.m. at the Lillington Town Hall (102 E. Front Street), Lillington, North Carolina. Board Members Present: Mayor Glenn McFadden Mayor Pro Tempore Patricia Moss Commissioner Rupert Langdon Commissioner Marshall Page Commissioner Neil McPhail Commissioner Danny Babb Staff Present: Lisa Young, Deputy Town Manager Alicia Adams, Assistant Town Manager Shane Cummings, Assistant Town Manager Lindsey Lucas, Town Clerk Rachel Haire, Town Attorney Frank Powers, Police Chief William Baker, Parks and Recreation Director Call to Order & Welcome: Mayor Glenn McFadden called the meeting to order and welcomed those in attendance at 6:00 pm. Invocation: Commissioner Page held the invocation. Agenda Consideration: Mayor Glenn McFadden presented the agenda for the consideration by the Town Board. Commissioner Page moved to approve the agenda as presented. The motion was seconded by Commissioner Moss and approved unanimously. (Minute Book Notation: Agenda is on file at Lillington Town Hall). Public Comment: Mayor Glenn McFadden inquired as to whether anyone wished to address the Town Board. Kay Peebles – 210 S 13th Street, Lillington – Ms. Peebles voiced concerns regarding the increasing homeless population in the Town of Lillington. Cecil Peebles – 210 S 13th Street, Lillington – Mr. Peebles voiced concerns regarding tax increases in Harnett County. Consent Agenda: Commissioner Langdon moved that the consent agenda items be approved as submitted to the Board. The motion was seconded by Commissioner McPhail and the following consent agenda items were approved unanimously: Item #1 Work Session Meeting Minutes from August 10, 2026 Item #2 Closed Session Meeting Minutes from August 10, 2026 Item #3 Regular Session Minutes from August 11, 2026 Lillington Board of Commissioners September 15, 2026 Item #4 Approval of Reimbursement Agreement Amendment #2 between the County of Harnett and the Town of Lillington Regarding the School Resource Officer Program Memorandum of Understanding Non-Agenda Items: Mayor Glenn McFadden inquired as to whether there were any non-agenda items that should be addressed by Town Board members or staff. Adjournment: The meeting adjourned following the unanimous approval of a motion by Commissioner Babb and a second by Commissioner Page. Attest: ____________________________ ____________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor AGENDA ITEM SUMMARY Date of Meeting: October 13, 2026 Staff Work By: Jillian Brookshire, Planning and Projects Coordinator AGENDA ITEM Public Hearing for Temporary Closure of South 8th Street for the 8th Street Kickoff Event. ITEM SUMMARY The Lillington Chamber of Commerce is requesting to close South 8th Street for the 8th Street Kickoff Event on October 22, 2026. The event will be held from 4:00 PM – 8:00 PM. The map below details the proposed Town and NCDOT road closures. ACTION REQUIRED Approve temporary street closure as requested by the Lillington Chamber of Commerce. AGENDA ITEM 3-3A AGENDA ITEM SUMMARY Date of Meeting: October 13, 2026 Staff Work By: Shane Cummings, Assistant Town Manager AGENDA ITEM Consideration of a Utility Connection and Infrastructure Modification Agreement Between the Town of Lillington and R&R Holdings Group, LLC. ITEM SUMMARY Attached for your review and Consideration of a Utility Connection and Infrastructure Modification Agreement Between the Town of Lillington and R&R Holdings Group, LLC. § 160D-1001. Authorization. (a) The General Assembly finds the following: (1) Development projects often occur in multiple phases over several years, requiring a long-term commitment of both public and private resources. (2) Such developments often create community impacts and opportunities that are difficult to accommodate within traditional zoning processes. (3) Because of their scale and duration, such projects often require careful coordination of public capital facilities planning, financing, and construction schedules and phasing of the private development. (4) Such projects involve substantial commitments of private capital, which developers are usually unwilling to risk without sufficient assurances that development standards will remain stable through the extended period of the development. (5) Such developments often permit communities and developers to experiment with different or nontraditional types of development concepts and standards, while still managing impacts on the surrounding areas. (6) To better structure and manage development approvals for such developments and ensure their proper integration into local capital facilities programs, local governments need flexibility to negotiate such developments. (b) Local governments may enter into development agreements with developers, subject to the procedures of this Article. In entering into such agreements, a local government may not exercise any authority or make any commitment not authorized by general or local act and may not impose any tax or fee not authorized by otherwise applicable law. (c) This Article is supplemental to the powers conferred upon local governments and does not preclude or supersede rights and obligations established pursuant to other law regarding AGENDA ITEM #4-4A development approvals, site-specific vesting plans, or other provisions of law. A development agreement shall not exempt the property owner or developer from compliance with the State Building Code or State or local housing codes that are not part of the local government's development regulations. When the governing board approves the rezoning of any property associated with a development agreement executed and recorded pursuant to this Article, the provisions of G.S. 160D-605(a) apply. (d) Development authorized by a development agreement shall comply with all applicable laws, including all ordinances, resolutions, regulations, permits, policies, and laws affecting the development of property, including laws governing permitted uses of the property, density, intensity, design, and improvements. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) § 160D-1002. Definitions. The following definitions apply in this Article: (1) Development. - The planning for or carrying out of a building activity, the making of a material change in the use or appearance of any structure or property, or the dividing of land into two or more parcels. When appropriate to the context, "development" refers to the planning for or the act of developing or to the result of development. Reference to a specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of this item. (2) Public facilities. - Major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) § 160D-1003. Approval of governing board required. (a) A local government may establish procedures and requirements, as provided in this Article, to consider and enter into development agreements with developers. A development agreement must be approved by the governing board of a local government following the procedures specified in G.S. 160D-1005. (b) The development agreement may, by ordinance, be incorporated, in whole or in part, into any development regulation adopted by the local government. A development agreement may be considered concurrently with a zoning map or text amendment affecting the property and development subject to the development agreement. A development agreement may be concurrently considered with and incorporated by reference with a sketch plan or preliminary plat required under a subdivision regulation or a site plan or other development approval required under a zoning regulation. If incorporated into a conditional district, the provisions of the development agreement shall be treated as a development regulation in the event of the developer's bankruptcy. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) § 160D-1004. Size and duration. A local government may enter into a development agreement with a developer for the development of property as provided in this Article for developable property of any size. Development agreements shall be of a reasonable term specified in the agreement. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) § 160D-1005. Hearing. Before entering into a development agreement, a local government shall conduct a legislative hearing on the proposed agreement. The notice provisions of G.S. 160D-602 applicable to zoning map amendments shall be followed for this hearing. The notice for the hearing must specify the location of the property subject to the development agreement, the development uses proposed on the property, and must specify a place where a copy of the proposed development agreement can be obtained. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, ss. 25, 51(a), (b), (d).) § 160D-1006. Content and modification. (a) A development agreement shall, at a minimum, include all of the following: (1) A description of the property subject to the agreement and the names of its legal and equitable property owners. (2) The duration of the agreement. However, the parties are not precluded from entering into subsequent development agreements that may extend the original duration period. (3) The development uses permitted on the property, including population densities and building types, intensities, placement on the site, and design. (4) A description of public facilities that will serve the development, including who provides the facilities, the date any new public facilities, if needed, will be constructed, and a schedule to assure public facilities are available concurrent with the impacts of the development. In the event that the development agreement provides that the local government shall provide certain public facilities, the development agreement shall provide that the delivery date of such public facilities will be tied to successful performance by the developer in implementing the proposed development, such as meeting defined completion percentages or other performance standards. (5) A description, where appropriate, of any reservation or dedication of land for public purposes and any provisions agreed to by the developer that exceed existing laws related to protection of environmentally sensitive property. (6) A description, where appropriate, of any conditions, terms, restrictions, or other requirements for the protection of public health, safety, or welfare. (7) A description, where appropriate, of any provisions for the preservation and restoration of historic structures. (b) A development agreement may also provide that the entire development or any phase of it be commenced or completed within a specified period of time. If required by ordinance or in the agreement, the development agreement shall provide a development schedule, including commencement dates and interim completion dates at no greater than five-year intervals; provided, however, the failure to meet a commencement or completion date does not, in and of itself, constitute a material breach of the development agreement pursuant to G.S. 160D-1008 but must be judged based upon the totality of the circumstances. The developer may request a modification in the dates as set forth in the agreement. (c) If more than one local government is made party to an agreement, the agreement must specify which local government is responsible for the overall administration of the development agreement. A local or regional utility authority may also be made a party to the development agreement. (d) The development agreement also may cover any other matter, including defined performance standards, not inconsistent with this Chapter. The development agreement may include mutually acceptable terms regarding provision of public facilities and other amenities and the allocation of financial responsibility for their provision, provided any impact mitigation measures offered by the developer beyond those that could be required by the local government shall be expressly enumerated within the agreement, and provided the agreement may not include a tax or impact fee not otherwise authorized by law. (e) Consideration of a proposed major modification of the agreement shall follow the same procedures as required for initial approval of a development agreement. What changes constitute a major modification may be determined by ordinance adopted pursuant to G.S. 160D-1003 or as provided for in the development agreement. (f) Any performance guarantees under the development agreement shall comply with G.S. 160D-804.1. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, ss. 26, 51(a), (b), (d).) § 160D-1007. Vesting. (a) Unless the development agreement specifically provides for the application of subsequently enacted laws, the laws applicable to development of the property subject to a development agreement are those in force at the time of execution of the agreement. (b) Except for grounds specified in G.S. 160D-108(c) or G.S. 160D-108.1(f), a local government may not apply subsequently adopted ordinances or development policies to a development that is subject to a development agreement. (c) In the event State or federal law is changed after a development agreement has been entered into and the change prevents or precludes compliance with one or more provisions of the development agreement, the local government may modify the affected provisions, upon a finding that the change in State or federal law has a fundamental effect on the development agreement. (d) This section does not abrogate any vested rights otherwise preserved by law. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, ss. 27, 51(a), (b), (d).) § 160D-1008. Breach and cure. (a) Procedures established pursuant to G.S. 160D-1003 may include a provision requiring periodic review by the zoning administrator or other appropriate officer of the local government, at which time the developer shall demonstrate good-faith compliance with the terms of the development agreement. (b) If the local government finds and determines that the developer has committed a material breach of the agreement, the local government shall notify the developer in writing setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination and providing the developer a reasonable time in which to cure the material breach. (c) If the developer fails to cure the material breach within the time given, then the local government unilaterally may terminate or modify the development agreement, provided the notice of termination or modification may be appealed to the board of adjustment in the manner provided by G.S. 160D-405. (d) An ordinance adopted pursuant to G.S. 160D-1003 or the development agreement may specify other penalties for breach in lieu of termination, including, but not limited to, penalties allowed for violation of a development regulation. Nothing in this Article shall be construed to abrogate or impair the power of the local government to enforce applicable law. (e) A development agreement shall be enforceable by any party to the agreement notwithstanding any changes in the development regulations made subsequent to the effective date of the development agreement. Any party to the agreement may file an action for injunctive relief to enforce the terms of a development agreement. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) § 160D-1009. Amendment or termination. Subject to the provisions of G.S. 160D-1006(e), a development agreement may be amended or terminated by mutual consent of the parties. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) § 160D-1010. Change of jurisdiction. (a) Except as otherwise provided by this Article, any development agreement entered into by a local government before the effective date of a change of jurisdiction shall be valid for the duration of the agreement or eight years from the effective date of the change in jurisdiction, whichever is earlier. The parties to the development agreement and the local government assuming jurisdiction have the same rights and obligations with respect to each other regarding matters addressed in the development agreement as if the property had remained in the previous jurisdiction. (b) A local government assuming jurisdiction may modify or suspend the provisions of the development agreement if the local government determines that the failure of the local government to do so would place the residents of the territory subject to the development agreement or the residents of the local government, or both, in a condition dangerous to their health or safety, or both. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) § 160D-1011. Recordation. The developer shall record the agreement with the register of deeds in the county where the property is located within 14 days after the local government and developer execute an approved development agreement. No development approvals may be issued until the development agreement has been recorded. The burdens of the development agreement are binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) § 160D-1012. Applicability of procedures to approve debt. In the event that any of the obligations of the local government in the development agreement constitute debt, the local government shall comply, at the time of the obligation to incur the debt and before the debt becomes enforceable against the local government, with any applicable constitutional and statutory procedures for the approval of this debt. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) RECOMMENDED ACTION Approve Utility Connection and Infrastructure Modification Agreement Between the Town of Lillington and R&R Holdings Group, LLC.