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083121 wsmHARNETT COUNTY BOARD OF COMMISSIONERS Minutes of Work Session August 31, 2021 The Harnett County Board of Commissioners met in work session on Tuesday, August 31, 2021 at 9:00 am in the Commissioners Meeting Room, Harnett County Resource Center and Library Building, 455 McKinney Parkway, Lillington, North Carolina. Members present: W. Brooks Matthews, Chairman Lewis W. Weatherspoon, Vice Chairman Barbara McKoy, Commissioner Mark B. Johnson, Commissioner Matt Nicol, Commissioner Staff present: George Wood, Interim County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Melissa D. Capps, Clerk Chairman Matthews called the meeting to order at 9:00 am. Commissioner McKoy led the Pledge of Allegiance and invocation. The following agenda was before the Board: • Call to Order, Pledge of Allegiance and Invocation • Discussion of Proposed Exchange of Property between County of Harnett, Harnett County Schools, and Town of Lillington (Meet in Training Room 103 A with Harnett County Board of Education and Harnett County Board of Commissioners) • Discussion of County Manager Profile with Slavin Management Consultants, Robert Slavin • Presentation by Rose & Associates Southeast, Inc., Consultant for Economic Development Strategic Plan • Discussion of Facility Rental Policies and Staffmg Needs, Brian Haney • Discussion of County Broadband Infrastructure, George Wood and Thomas Royer • County Manager's Report: o Gold Star Family Proclamation and Recognition o Sandhills Center Quarterly Fiscal Report for period June 30, 2021 o September 7, 2021 Meeting Agenda Review o Review applications to serve on Boards and Committees o Upcoming meetings and invitations • Closed Session • Adjourn Chairman Matthews recessed the meeting at 9:03 am to join members of the Harnett County Board of Education downstairs in Training Room 103A. Chairman Matthews called the meeting back to order at 9:08 am. August 31, 2021 Work Session Minutes Harnett County Board of Commissioners Page 1 of 4 Harnett Coun Board of Commissioners Present: W. Brooks Matthews, Chairman Lewis W. Weatherspoon, Vice Chairman Barbara McKoy, Commissioner Mark B. Johnson, Commissioner Matt Nicol, Commissioner Staff Present: George Wood, Interim County Manager Dwight Snow, County Attorney Kimberly Honeycutt, Finance Officer Melissa D. Capps, Clerk Brian Haney, Assistant County Manager Harnett County Board of Education Members Present: Mr. Duncan Jaggers, Chairman Mr. Don Godfrey, Vice Chairman Mrs. Vivian Bennett, Board Member Mr. Jason Lemons, Board Member Mr. Joey Powell, Board Member Staff Present: Dr. Aaron Fleming, Superintendent, and Secretary to the Board Charlie Bullock, Board Attorney Mrs. Natalie Ferrell, Public Information Officer Ms. Tammy Johnson, Board Clerk Brian Haney reviewed the contract and agreement for the exchange of certain real property tracts among Harnett County, the Town of Lillington and the Harnett County Board of Education (Attachment 1). Chairman Jaggers made the motion to accept the contract as presented. Board Member Powell seconded the motion. The vote was unanimous. Chairman Matthews stated the Board of Commissioners would address the contract at its meeting on September 7, 2021. Chairman Matthews recessed the meeting to the Commissioners Meeting Room upstairs at 9:23 am. Chairman Matthews called the meeting back to order at 9:30 am in the Commissioners Meeting Room. Robert Slavin with Slavin Management Consultants presented a summary of attributes and competencies gathered from commissioners for the county manager profile. August 31, 2021 Work Session Minutes Harnett County Board of Commissioners Page 2 of 4 Kathleen Rose with Rose and Associates presented information regarding the Final Report for a strategic plan for cultivating economic development. Hard copies of the report will be provided to each commissioner by Rose and Associates. Brian Haney reviewed information regarding facility rental policies and staffing needs. Commissioners were asked to consider the following questions regarding the use of the Harnett County Commons Area and the Harnett County Resource Center & Library Training Room: 1. To what organizations do you wish to make each space available? 2. At what times do you wish to make either space available for non -County use? 3. Are you comfortable requiring a deposit and fees for certain groups to use these spaces, and if so, which groups should be charged? 4. How do you wish to resolve issues where a non -County entity has reserved one of these spaces and it is determined that the County has a need for the space during that time? Discussion included rental fees, previous use and frequency of use. Chairman Matthews stated let's put this on the next work session to give us some time to consider. Chairman Matthews stated whatever guidelines we decide to go by, I feel there should be a provision that the county manager would have authority to waive, in certain instances, such as public business. Staff was asked to prepare a list of those who have used the space in the past and the frequency of use. Thomas Royer, Assistant Staff Attorney, reviewed information regarding County broadband infrastructure authority which included NCGS 153A-274 and 153A-459. Mr. Wood shared as part of their research, they have determined that NCGS 153A-459 says we may only award broadband grants following an RFP (which we have already done), as follows: "The county shall use only unrestricted general fund revenue for the grants" which would not allow us to use ARPA funds. Mr. Wood also shared information from Kevin Leonard at the NC Association of County Officials and asked the Commissioners if they would like to authorize staff to lobby our NC delegation to address this issue. Mr. Wood also asked if the Commissioners would like to continue with CloudWyse on a full preliminary engineering study or wait until we know the legislation has changed. The consensus of the Commissioners was for staff to lobby NC delegation and to continue negotiations with CloudWyse. Mr. Wood also encouraged the commissioners to reach out to our NC delegation. Mr. Wood thanked Attorney Royer for his research. Mr. Wood reviewed the following items on the county manager's report: • Gold Star Family Proclamation and Recognition — September 20, 2021 Meeting • Sandhills Quarterly Fiscal Report for period of June 30, 2021 • Application to serve on Boards and Commissions • Upcoming meetings and invitations Mr. Wood also provided an update on cameras for 50 patrol cars. We will be ordering them next week. August 31, 2021 Work Session Minutes Harnett County Board of Commissioners Page 3 of 4 Commissioners reviewed the draft agenda for September 7, 2021. Consensus was to move the Economic Development Council request for approval of an amendment to Council bylaws and the proposed exchange of property between the County of Harnett, Harnett County Schools, and the Town of Lillington to the consent agenda. Commissioner Johnson moved to go into Closed Session for the following purposes: 1. To instruct the county staff concerning the position to be taken by the county in negotiating a contract for the acquisition of real property; and 2. To discuss certain personnel matters. Commissioner Nicol seconded the motion. The motion carried unanimously. Following a motion to come out of Closed Session, Chairman Matthews called the meeting back into open session. Vice Chairman Weatherspoon moved to adjourn the meeting at 12:10 pm. Commissioner Nicol seconded the motion that passed unanimously. W. Brooks Matthews, Chairman Melis a D. Capps, Clerk to the Board August 31, 2021 Work Session Minutes Harnett County Board of Commissioners Page 4 of 4 ATTACHMENTI. NORTH CAROLINA CONTRACT AND AGREEMENT FOR THE EXCHANGE OF CERTAIN REAL HARNETT COUNTY PROPERTY TRACTS AMONG HARNETT COUNTY, THE TOWN OF LILLINGTON AND THE HARNETT COUNTY BOARD OF EDUCATION THIS CONTRACT AND AGREEMENT made and entered into this day of 2021 by and among HARNETT COUNTY, a body politic, organized and existing under the laws of the State of North Carolina of P. O. Box 759, Lillington, NC 27546 (hereinafter also referred to as "Harnett County" or "County"), the TOWN OF LILLINGTON, North Carolina, a municipal corporation, of P.O. Box 296, Lillington, NC 27546 (hereinafter also referred to as "TOL") and the HARNETT COUNTY BOARD OF EDUCATION, a body corporate, of P. O. Box 1029, Lillington, NC 27546 (hereinafter also referred to as "BOE"). RECITALS: A. Harnett County ("County"), the Town of Lillington ("TOL") and the Harnett County Board of Education ("BOE") are the title owners of certain real property tracts located within or in the vicinity of the Lillington Town limits; and B. The TOL is currently implementing a downtown revitalization plan which will include the procurement of certain downtown block real property tracts and a recreational expansion plan that will include the procurement of the Star Academy gymnasium and ball fields from the BOE; and C. The BOE has plans to relocate its administrative offices and other school system support facilities through the procurement of the former County Public Library Building property at 601 S. Main Street and the office building at 108 E. Front Street with surrounding parking from the County and TOL; and D. The County desires to obtain more warehouse storage space and potential office space, and a possible future location of a school bus service garage through the procurement of the warehouse property at 125 Alexander Drive, and an approximate 17.5 acre majority portion of that 24.01 acre real property tract on East McNeill Street from the TOL; and E. The three parties have negotiated and agreed to a basic framework of this real property exchange as summarized in A Joint Resolution For The Exchange of Certain Real Property dated April 30, 2021; that the parties deem said exchange terms and conditions of the exchange agreement to be wise and in the best interest of each party and the citizens that they each represent; that the parties desire through this instrument to set forth in detail the specific terms of their exchange agreement. NOW, THEREFORE, in consideration of the covenants and promises among the parties and pursuant to the provisions of N.C. General Statutes §160A-274, the parties agree as follows: 1. CONSIDERATION It is stipulated that this Contract and Agreement is supported by fair and adequate consideration. 2. HARNETT COUNTY OBLIGATIONS As part of the real property exchange transaction, the County agrees to complete the following: (a) Convect ance of former library building real property to BOE The County shall convey by Special Warranty Deed to the BOE the former Harnett County Public Library facility at 601 S. Main Street, Lillington, NC 27546 composed of two tracts: 1) PIN 0650-50- 1631.000 and 2) PIN 0650-50-0531.000. The County and the BOE agree that prior to this conveyance that the subject real property shall be surveyed. The BOE shall be responsible to arrange and pay for the survey. The County and BOE acknowledge that an entrance and parking lot portion of the real property is subject to a public library use reversionary clause to the W. A. Johnson family heirs as set forth in that deed recorded in Book 1243, Page 199, Harnett County Registry. Any conveyance by the County to the BOE shall be subject to said reversionary provision and the Special Warranty Deed shall list this matter as a title exception. It shall be the responsibility of the BOE to deal with this title encumbrance. At such time that the BOE is in a position to accept title to this real property then the BOE attorney will advise the County Attorney who will have 15 days to deliver the Special Warranty Deed to the BOE for recordation. The BOE and the County agree that time is of the essence in the BOE taking possession of the former Harnett County Public Library facility property. These two parties agree that if the library real property conveyance cannot be finalized by August 31, 2021, that the parties shall enter into a Lease Agreement whereby the BOE (Tenant) shall lease the library subject real property from the County (Landlord) at a zero rent amount with said lease term to extend to the earlier of July 31, 2022, or the Special Warranty Deed conveyance. Other lease terms shall be subject to negotiation between the BOE and the County. 2 (b) County funding; of former library facility renovations by BOE As part of the conveyance transaction of the former public library facility property to the BOE, the BOE and the County agree that funds will need to be allocated for renovations to the former library facility pursuant to the Capital Improvement Project (CIP) funding and budgeting process. (c) Lease portions of the 125 Alexander Drive warehouse property to TOL and to BOE At such time that the real property located at 125 Alexander Drive, Lillington, NC PIN 0650-57-1078.000 has been conveyed by the TOL to the County by Special Warranty Deed (pursuant to section 3(a) of this Agreement) then the County as Landlord shall enter into Lease Agreements which shall lease the northern 1/3 section of the warehouse property to the TOL and the southern 2/3 section of the warehouse property to the BOE as Tenants respectively for a rental amount of $1 per year. During the two separate lease agreement terms, the Tenants shall be responsible to divide the utilities obligations. The County shall maintain hazard insurance coverage on the warehouse building and the Tenants shall be responsible to maintain renter's insurance on their personal property contents. The warehouse lease term for the TOL 1/3 section shall be 1 year. The lease term for the BOE shall be for 1 year with Tenant's option to extend until the BOE's new Auxiliary Services Facility is constructed. Other standard lease provisions shall be subject to negotiations between the respective Landlord and Tenant parties. (d) County funding for BOE Auxiliary Services Facility construction The County agrees to provide funding for the BOE's new Auxiliary Services Facility to be located at the BOE owned 1500 South Main Street, Lillington, NC, site pursuant to the Capital Improvement Project (CIP) funding and budgeting process with construction to be completed within 5 to 7 years of this Agreement date. (e) County funding for BOE Bus Garage Facility construction The County agrees to provide funding for the BOE new Bus Garage Facility to be located at the East McNeill Street, Lillington, NC, site pursuant to the Capital Improvement Project (CIP) funding and budgeting process within 5 to 7 years of this Agreement date. TOWN OF LILLINGTON OBLIGATIONS As part of the real property exchange transaction, the TOL agrees to complete the following: 3 (a) Conveyance of 125 Alexander Drive warehouse proper!y to Coun The TOL shall convey by Special Warranty Deed to the County the warehouse real property tract located at 125 Alexander Drive, Lillington, NC, PIN 0650-57-1078.000 free and clear of any mortgage indebtedness. Simultaneous to this real property conveyance, the County shall enter into Lease Agreements for portions of the warehouse property with the TOL and the BOE as set forth in section 2(c) of this Agreement. This conveyance and the leases shall be completed within 20 days from the date that the last party executes this Agreement. (b) Conveyance of McNeill Street property to County The TOL shall convey by Special Warranty Deed to the County that approximate 24.01 acre tract off East McNeill Street, Lillington, NC, PIN 0559-85-1555.000 less an approximate 6.5 acre portion which shall be retained by he TOL (said portion currently used by TOL as a police firing range and an outside storage "lay down" yard). The TOL and the County further agree that in the future if the TOL and/or the County should instigate and plan an economic development project which includes the real property contiguous to the southern boundary of the above-described McNeill Street real property tract, that the County shall be willing to consider the conveyance of an access and utilities easement extending from McNeill Street through the subject tract to the subject tract southern boundary. Any survey work needed to provide said access/utilities easement shall be the responsibility of the TOL to pay and must be approved by both parties prior to recordation. The parties acknowledge that a subdivision survey shall to be completed in order to designate the deed real property portions to be conveyed and retained. The TOL shall be responsible to procure and pay the total expense for said survey. Any final survey must be approved by both parties. This conveyance shall be completed within 20 days from the date that the final survey is approved by both the TOL and County. The TOL and the County agree that in the future if the TOL should cease the use of the retained McNeill Street real property for either or both firing range or laydown yard purposes that the affected portion of the TOL retained real property shall be conveyed to the County. If a new subdivision survey is needed to accommodate said 4 conveyance, then the County shall be responsible to pay the survey costs. (c) Conveyance of 108 E. Front Street property to the BOE The TOL shall convey by Special Warranty Deed to the BOE free and clear of any mortgage indebtedness that office building with one row immediate surrounding parking spaces real property located at 108 E. Front Street, Lillington, NC 27546, which is a portion of that tract designated as PIN 0559-59-2794.000. The parties acknowledge that a subdivision survey shall be completed in order to designate the deed real property portions to be conveyed and retained. The BOE shall be responsible to procure and pay the total expense for said survey. Any final survey must be approved by both parties. This conveyance shall be completed within 20 days from the date the survey is approved by both the TOL and the BOE. As part of this conveyance, the TOL and the BOE agree to negotiate and enter into a parking lot agreement for that paved parking lot area owned by the TOL and located to the rear of the TOL Administrative Building and the above described 108 E. Front Street property. 4. HARNETT COUNTY BOARD OF EDUCATION OBLIGATIONS As part of the real property exchange transaction the BOE agrees to complete the following: (a) Conveyance of downtown Lillington block tracts to the TOL The BOE shall convey by Special Warranty Deed to the TOL those real property tracts located in the downtown block of the Town of Lillington contain the BOE offices for finance, auxiliary services, custodial/IT warehouse and "Red Barn" more specifically identified as: PIN 0650-40-8407.000 PIN 0650-40-7494.000 PIN 0650-40-7481.000 PIN 0650-40-7404.000 PIN 0650-40-5498.000 PIN 0650-40-5412.000 PIN 0650-40-5346.000 PIN 0650-40-4689.000 The BOE and the TOL acknowledge that the first 3 PINS heretofore listed represent the tracts upon which are located the BOE finance offices. The BOE and the TOL agree that simultaneous to the conveyance of these tracts to the TOL, that the parties shall enter into a maximum 6 -month lease of these finance offices tracts by the TOL (Landlord) to the BOE (Tenant). Other lease terms shall be 5 subject to negotiations between the TOL and the BOE. This conveyance and the lease shall be completed within 20 days from the date that the last party executes this Agreement. (b) Conveyance of downtown Bus Garage Facility property to the TOL The BOE shall convey by Special Warranty Deed to the TOL those real property tracts upon which is located the current BOE Bus Garage Facility identified as 1) PIN 0650-40-8711.000 and 2) 0650- 40-6777.000. The parties agree that this conveyance shall take place at such time that the new Bus Garage Facility is constructed at the East McNeill Street, Lillington, NC, site. Prior to this real property conveyance, the TOL as part of its due diligence may conduct a phase one environmental study or any other tests on the subject Bus Garage Facility real property. If the study or test results are unfavorable and unacceptable to the TOL, then the parties are willing to discuss and negotiate any further pre - conveyance terms. (c) Conveyance of gymnasium, print shop, and ball field properties to the TOL The BOE shall convey by Special Warranty Deed to the TOL those real property tracts upon which is located the STAR Academy gymnasium, print shop, and the ball fields which are a portion of PIN 0559-29-7992.000. The parties acknowledge that a subdivision survey will need to be completed in order to designate the deed real property portions to be conveyed and retained. The TOL shall be responsible to procure and pay the total expense for said survey. The final survey must be approved by both the TOL and the BOE. This conveyance shall be completed within 20 days from the date that the survey work is approved by both the BOE and TOL. Simultaneous to the above-described conveyance, the BOE and the TOL shall enter into a written agreement concerning the future shared use of said recreational facilities. The BOE and the TOL also agree that simultaneous to the conveyance of these tracts to the TOL that the parties shall enter into a lease of the print shop facility at 501 West Ivey Street, Lillington, NC, and a lease of the P D Hut by the TOL (Landlord) to the BOE (Tenant) with rent at zero and a term which shall extend until the print shop function is relocated and the P D Hut is no longer needed. Other lease terms shall be subject to negotiations between the TOL and the BOE. m 5. SITUS AND INTERPRETATION This Contract and Agreement shall be construed and governed according to the laws of the State of North Carolina. If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue to be in full force and effect. 6. MODIFICATION AND ENTIRE AGREEMENT A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. EXECUTED on the date set forth in the acknowledgments attached hereto pursuant to previous actions of each of the parties. 7 COUNTY OF HARNETT By:— . Brooks Matthews, Chairmand-Nh e Harnett County Board of Commissioners ATTEST: Melissa D. Capps, Clerk of the Harnett County Board of Commissioners (SEAL) NORTH CAROLINA HARNETT COUNTY I, a notary public, certify that W. Brooks Matthews personally came before me this day who being by me duly sworn, deposes and says: that he is the Chairman of the Harnett County Board of Commissioners and Melissa D. Capps is the Clerk of said Board, that the seal affixed to this instrument is the official seal of Harnett County, that said instrument was signed by him, attested by said Clerk and the County's seal affixed thereto, all by authority of the Board of Commissioners of said County, and the said W. Brooks Matthews acknowledged said instrument to be the act and deed of Harnett County. Witness my hand and official stamp or seal, this day of 12021. Notary Public My commission expires: TOWN OF LILLINGTON Glenn McFadden, Mayor (SEAL) NORTH CAROLINA HARNETT COUNTY I, a notary public, certify that Glenn McFadden personally came before me this day who being by me duly sworn, deposes and says: that he is the Mayor of the Town of Lillington, that the seal affixed to this instrument is the official seal of the Town of Lillington, that said instrument was signed by him, and the Town's seal affixed thereto, all by authority of the Council of said Town, and the said Glenn McFadden acknowledged said instrument to be the act and deed of the Town of Lillington. Witness my hand and official stamp or seal, this day of , 2021. My commission expires: X Notary Public HARNETT COUNTY BOARD OF EDUCATION LIM ATTEST: Aaron L. Fleming, Secretary Harnett County Board of Education (SEAL) NORTH CAROLINA HARNETT COUNTY Duncan E. Jaggers, Chairman of the Harnett County Board of Education I, a notary public, certify that Duncan E. Jaggers personally came before me this day who being by me duly sworn, deposes and says: that he is the Chairman of the Harnett County Board of Education and Aaron L. Fleming is the Clerk of said Board, that the seal affixed to this instrument is the official seal of the Harnett County Board of Education, that said instrument was signed by him, attested by said Clerk and the seal affixed thereto, all by authority of the Harnett County Board of Education, and the said Duncan E. Jaggers acknowledged said instrument to be the act and deed of the Harnett County Board of Education. Witness my hand and official stamp or seal, this day of , 2021. My commission expires: 10 Notary Public